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HomeMy WebLinkAboutCorrespondence SPR 2/26/88 ' W C fr�r :%[r�li •_%lr�a. .J>ru/ir 6.3973 October 15 , 1985 4 Agreement ila. 4877 North Andover -- Rte 125 (Osgood St. ) at Great Pond Road Board of Selectmen Town Hall North Andover, MA. 0184t) Gentlemen: Enclosed for your files is an executed copy of an agreement between the Commonwealth and the Town of North Adams-relative to the installation of a traffic control system at the subject project. Very truly yours Marilyn P. Corrado,Secretary Public Works Commission MPC/dh cc: Utilities Cert Mail Files I-J`, C� s O ^I A: OF: 11= e a �M �d �sf� t� t vos„o . , i 9s 1 1845 CONSERVATIONa W `K)N OF ( &)685 177 d>4.fi�� 0 ta4 w @ I bAI."V'6 PLANNING' PLANNING & COMMUNITY DEVELOPMENT July 14, 1987 � r To: Planning Board From: Nancy J. Sullivan, Cons. Admin. RE: Request for Comment - Osggood Street - Site Plan Review / (1070) Dear Members of the Planning Board I have reviewed the plans as submitted and my comments are as follows: l. . .An extensive amount of filling has taken place on the site. 2. . .A Notice of Intent has been filed with the North Andover Conservation Commission and considered at its meeting held July 8, 1987 and the Order of Conditions will be issued on July 29, 1987. This proposal requests that the North Andover Conservation Commission issue an Order of Conditions which allows for additional filling and associated replication. 3. . .A meeting will be held on July 15, 1987 between Mr. Bourgeois, Chief Dolan and myself to discuss the requirements for turning radius on the north- easterly corner of the building as it relates to Conservation considerations. 4. . .The NACC has reservations as to whether additional filling is necessarily required to allow development to take place on the site. I would recommend that this item be tabled until the NACC has issued an Order of Conditions for this proposal. Sincerely NORTH ANDOVER NSERVATION COMMISSION � . Nancy J. divan Conservati n Administrator of SOAN OFFICES OF: a - � Town Of 120 N1,)in Street North Andover. NORTH ANDOVER Massachusetts olsa5 BUILDING ("()\SERVA"I10N $84CHU DIVISION1OF (6 1 7)685 4775 H:AI_TI-I PLANNING PLANNING & COMMUNITY DEVELOPMENT ---- -- - - - KAREN H.P. NELSON, DIRECTOR July 20 1987 Planning Board re= 1070 Osgood St. I have not completed review of the Septic System glans for this Lot. There is a detention pond shown less than fifty feet from the leach area and it has been the policy of this office to require a 100 foot seperation between water courses and leach areas . SSincersly 4 Sanitarian Boa d -f t'eealth mg/gc h 071 1 4 70 66,20 CHAIRMAN �kJod�, � erGGla��2llr��'f�L 0-9116'S966 /1�aal lL 'a >L (61 97Y-7,YS0 COMMISSIONERS q � 5` �q° � � R « ��"^°� ,EG70R OF AERONAUTICS SYNcir 1. <T.7ac�lex w a ";/A .>L�r meilf, 4 Y fP July 27, 1987 North Andover Planning Board North Andover Town Hall North Andover, NIA 01845 Subject: Development of a site by Channel Building Company, Inc. near Lawrence Airport on Osgood Street in North Andover Dear Board Member: The MAC desires to go on record as notifying the Planning Board that under M,G.L . ' s Chapter 90 ss35B, the MAC must approve the height of the proposed structure if it falls in the area described in this section of the M.G.L 's. Copy enclosed for your reference. The proponent also has to file a Form 7460 to the FAA in Burling- ton, Massachusetts notifying that agency of an intent to construct near an airport. A copy of this form should he sent to MAC. The proponent should be directed to submit a site plan to the MAC for review. The site plan should show the site of the structure and its highest point above ground (or the MSL elevation) and the dis- tance and location to the nearest runway end of the Lawrence Municipal Airport, �incerely, Arnold R. Stymes� ARS:nit Executive Director cc c` Lawrence Airport Commission-David Di F i l l i ppo FAA-Weedon Parris A ~ CHANNEL : 5 August 4, 1987 Mr. Richard Kimball, Chief Airport Engineer COMMONWEALTH OF MASSACHUSETTS AERONAUTICS COMMISSION 10 Park Plaza, Room 6620 Boston, MA 02116-3966 Re: Development of a Site by Channel Building Company, Inc. Near Lawrence Airport on Osgood Street, North Andover, MA Dear Richard: Enclosed are copies of plans for our project and its FAA 7460 Application Form as per Mr. Stymest's letter to the North Andover Planning Board, dated July 27, 1987. In pursuit of approvals for the project, we were directed by the Lawrence Airport Commission to work with Edwards and Kelcey, Inc. It was our understanding that the firm would provide us with direction as to Airport related permits. We have not filed with your department until now because we were simply not made aware of the M.A.C. 's jurisdiction by Edwards and Kelcey. As you might expect, I am very concerned because this and other breakdowns in communication has incorrectly suggested to the Town of North Andover that we have not been working with the Airport. If you have any question, please do not hesitate to call me. I would like to have this resolved, if at all possible, prior to our Planning Board hearing which has been continued until August 17th. Thank you. Sincerely, James Bourgeois, R.A. Vice President Architectural. & Engineering Services on behalf of Optryx Trust abs cc: Karen H.P. Nelson, Dir. Planning & Community Development, N. Andover Robert Severius, Acting Airport Mgr. , Lawrence Municipal Airport Debra Norby, Aviation Planner, Edwards & Kelcey, Inc. 23 Main Street 0 P.O. Box 522 0 Andover • Massachusetts C7181❑ • 617.475.1651 i } • 4 Agreement Number AGREEMENT made this day of�� by and between the COMMONWEALTH OF MASSACHUSETTS, hereinafter called the "COMMONWEALTH," through its DEPARTMENT OF PUBLIC WORKS, hereinafter tailed "DEPARTMENT," and the TOWN OF NORTH ANDOVER, hereinafter called the "TOWN." WHEREAS, the Town desires to install a Traffic Signal system on State Highway Route 125, in the Town of North Andover, in the County of Essex, in said Commonwealth, at the intersection of Osgood Street and Great Pond Road, in accordance with Permit Number AS 210 2033 for Traffic Signal Number 5-620 issued by the Department on August 14, 1985, a copy of which is attached and WHEREAS, the parties hereto have reached an agreement as to the appor-• tionment of the work, the expense of carrying out said work, and the future maintenance thereof: NOW THEREFOR'E, in consideration thereof, the Department and the Town F hereby agree, each with the other, as follows: DIVISION OF WORK The Town will furnish through their own contractor, all necessary labor, materials, equipment and other services necessary for the installation of the traffic signal controller. The Town agrees that all work done under this Agreement will be done in accordance with the STANDARD SPECIFICATIONS FOR HIGHWAYS AND BRIDGES issued by the Commonwealth of Massachusetts, Department of Public Works, and amendments .thereto. r 1 i --2- The Department reserves the right for final acceptance of the completed project. DIVISION OF EXPENSE The entire cost of the installation of said traffic control signal equipment, as indicated above, will be borne by the Town. OWNERSHIP AND FUTURE MAINTENANCE Upon the completion of the installation of said traffic control signal equipment and appurtenances to the satisfaction of the Department, title to said signals and appurtenances shall vest with the Department and the Department shall thereafter maintain said signals and appurtenances as installed. IN WITNESS THEREOF, the parties have executed this Agreement on the day and year first above written. Approved COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS 4 — C I ONE Vv A i a e mr� i s i o n r,, soci a 'e C mti gioner Associate Commissioner ` I T A-f THO" E Eve ASSOCIATES, INC. August 10 , 1987 Conservation Commission Town Hall North Andover, MA 01845 RE: Channel Building Company, Lakeview Project, Osgood Project, Offsite Watershed Dear Commission Members : This letter has been prepared to furnish your Commission with additional information with respect to drainage flow from the above--referenced site. The ponded wetland on the northeast portion of our site drains to the northeast to the Merrimack River. On Friday, August 7 , 1987 , Mr . James Bourgeois and I met with representatives of the Borden Chemical Plant to confirm the above statement. In fact, it was explained to us that prior to the airport expansion, and the blocking of Clark Street, the drainage hydrologically moved through overground swales, ditches and wetlands to the Merrimack River. Now the water overflows the ponding area and flows over Clark Street in two ways and onto a parking area into subsurface drainage pipes , which flow to the wetland in the northerly portion of the Borden Plant property, eventually flowing to the Merrimack River. Hydrologically, the drainage system design point is the wetland on our site and detention is planned which will control the rate of runoff . No downstream flooding or storm damage will occur as a result of the Lakeview development. Very truly yours , THOMAS E NEVE ASSOCIATES , INC. Thomas E. Neve, P.E. , R.L.S. President cc: Jim Bourgeois ENGINEERS 447 OLD BOSTON ROAD LAND SURVEYORS TOPSFIELD, MA 01983 LAND USE PLANNERS (617) 887-8586 CHANNEL August 13, 1987 ILI Lv "v jj�.G U'Unl%J Ms. Karen H.P. Nelson, Director Division of Planning & Community Development 120 Main Street North Andover, MA 01845 Re: Special Permit Application Office Building Proposal 1070 Osgood Street North Andover, MA 01845 Dear Karen: I have been informed that the N.A.C.C. will not render a decision on the Notice of Intent for this project until August 26th. Accordingly, I am requesting that the Planning Board Hearing be continued to an appropriate date in order that the Board may satisfy itself that we have succeeded in obtaining an order of Conditions for the project. Thank you. Sincerely, J�v`M 9 "--6`04�1 James Bourgeois Vice President of Architectural & Engineering Services on behalf of Optryx Trust cc: James Baker e3 Main Street * P.D- Box S22 • Andover • MaseSchusettsOIBIC • 617,475 651 CHAIRMAN t cr,Ah r,ua,v&021ff 3.966' ..:Ylanr7LfL.11(� ✓?'Cf7�G / V%i/ .7/.7 �/"eJ U� P;;� 'm rm nm�! ✓rr.m, 4ri mnn;.. COMMISSIONERS 77d � rRE1�ITOR OF AERONAUTICS tt r %6' f y I August 24, 1987 James Bourgeois, Vice President Channel Building Company, Inc. m , I > 23 Main Street Andover, MA 01810 4m,° Subject: Proposed Building off R/W 32 at Lawrence Municipal Airport Dear Mr. Bourgeois: MAC' s engineering staff has reviewed the data sent to us relative to the subject project. Our findings are as follows: A. The proposed building does not penetrate the FAA, FAR PART 77 surfaces. B. When starting from the displaced threshold line, the Commonwealth of Massachusetts, MGL Chpater 90, Section 35B geometry is not penetrated and therefore no permit is required from MAC. C. The FAA displaced threshold approach surface is not penetrated by the proposed building and therefore no , work has to be done on R/W 32 to further displace its threshold. D. However, MAC requests that two (2) red hazard beacons be placed on both ends of the building at the roof peak. These are small 8" high red lights which indicate to incoming aircraft during night approaches the limits and the height of the roof peak. We also request that no antennas be placed on the roof where the elevation of the tip is higher than 172' MSL. James Bourgeois, Vice President -2- August 24, 1987 If you have any further geustions, please contact the under- signed. Si erely, Arnold R. Stymest Executive Director ARS:mt cc: Ken Garrity - Edwards & Kelcey, Inc. Robert Serverius, Acting Airport Manager Weedon Parris - FAA ANE 610 Karen H. P. nelson - Director PCD, No. Andover 3 3 33 3 1 qJ } } h } t E CHANNEL � August 28, 1987 � Hs. Karen H. P. Nelson, Director Division of Planning and Community Development 120 Main Street North Andover, MA 01845 RE: Special Permit Application - office Building Proposal 1070 Osgood Street, North Andover, MA 184 Dear Karen: Attached are revised plans for the 1070 Osgood Street proposal . Informa- tion requested by the Chairman has been supplied (highlighted) and certain significant changes have been made: l . The footprint of the building has been reduced sufficiently to withdraw the fire lane from the wetlands at the eastern corner of the building. This change has enabled us to obtain an Order of Conditions from the NACC (voted 26 August 1987) . 2. The proposed septic system has been withdrawn in favor of a gravity line to the system which is being installed for the Butler Boy Shopping Center (Order of Conditions from the NACC, DEDE File No. 242~399) . Questions about the system may be referred to Stave Stwpanok7 at Merrimack Engineering in Andover. Si cerely, " James Bourgeois Vice President, ~ Architectural and Engineering Services On behalf of 0ptrw Trust cc: Michael Graff, Sanitarian William Hmurc/ek, Andover DPW i '- —' — '-- ' �� m��m �c���� ~ P.D.��� ��� ��� ~ Andover - �����==""��=~�=~~ .~~ .~~ of Nonry ry OFFICES OF: o�' i1 Town of 120\4ain Street NORTH ANDOVER 'North Andover. ,4fassachuset€s 0 1845 BUILDING 'sa+c,<„sE` DIVISION OF fC 1 71 Ei8.ri-477_i CONSERVATION HEALTH PLANNINGPLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR Planning Board 8-31-87 it is my understanding that this site is now proposed to be served by town sewerage, since site limitations made it difficult to design a septic system for this lot this deportment would encourage connection to the sewer system; although an occupancy permit for the building could not be issued until the proposed sewer lines have been completed. Sincerely, CHANNEL September 8, 1987 Ms. Karen H.P. Nelson, Director DIVISION OF PLANNING & COMMUNITY DEVELOPMENT 120 Main Street North Andover, MA 01845 Re: Special Permit Application Office Building Proposal 1070 Osgood Street, North Andover, Massachusetts Dear Karen: It is my understanding that the Public Hearing for this project was continued from the meeting of August 31st due to a question in the Board's mind as to whether the site is effected by the Lake Cochichiwick Watershed District. Enclosed is a letter from the Building Department which establishes that the site is not in the watershed distract. This letter was submitted to the Board when the application was filed in June. I think it is absurd that the Board was not aware of its existence and contents. If the Town is going to saddle developers with elaborate approval processes, I think its representatives have a responsibility to familiarize themselves with the information we are required to submit. ?,-�> /r- Sa erely, James Bourgeois Vice President Architectural & Engineering Services abs Enclosure cc: Robert Webster, Bayfield Michael Rice, Bayfield I i I C 'fl��rirr�rrp "� �"vref7FtiW,C:r,l.a_si �k "^ l.re��i�utr;rnie� " 8�'r��q; t�Eurl,kr�rr �@ I'LW'NWN'�N'M�'Nl�tl�i� '�I�IpIiWiW��N IOIIVWII��NVVIIINMIIOIOIIOIIIOIOIIIOIIIIIIIIIIIIIOIIIIIVI01� 23 Main Street P.®. Box SF22 ® Andover Massec;husetts OIGIO 617-475.1651 OF ND erH� �5 OF: o ~Q4 Town of 120 Main Street n .r'PEALS ;;• ,r; NORTH ANDOV ER Nc7rrh Andover, 184_� 5 BUILDING 4'"°•';..�' s ivlaSSaCilllSelt5 0 CONSERVATION Y@$�HUSE4i DIVISION OF (G 17)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR Iilnl.. D W 1 2 lt'U f i June 10, 1987 Jamez BouAgeo", R.A. Channet Building Co., Inc. 23 Main Stceet Andove&, MA D can SiA: A4ten 4wLthen nev.iew and eomuttati.on with the Di&ectoh o� Eng,ineeti.ng, �V.i.P.P,cwz Hmunc,iak negand.ing the ott iginat WatvLshed Dins i c t plan, c t i s my opinion that Lot 47, as shown on Astse�s�sotz ' map 35, owned by OPTRX Ttcu-6t and colvs.i�s.ti.ng o6 2. 16 aches on Osgood St. oppoz to the .inteA- secti.on o{i GAeat Pond Rd., does not Zie w,c tkin the Wateuhed Di'sttict. Futtthumione, 1�nom engineIzAing data, it appeaA6 thin site dn.ain�s away 6Ao►r1 Lake Coch.ichew,ieh. Rezpect6uay, Bkuce H. CtaAk, Locat Bu nding Inspectax $NC:gb cc: Dik. , DPCD TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF E' BOARD OF SELECTMEN ' # NoR7k ^7 a t,� o •,yo �! 0 TELEPHONE 68Z-64.$$ O p 9•e .. �9SSACHUSEi�� October 21, 1987 James Bourgeois, R. A. Vice Presdient, Architectural Services Channel., Inc. P.O. Box 522 Andover, MA 01810 Dear Mr. Bourgeois: We are in receipt of your letter dated September 28, 1987 requesting the Selectmen petition the State for an extension of the traffic signal. 0 permit to modify the signals at Rte. 133 and 125 in North Andover. 6 Please know the Selectmen have voted to request an extension through the 1988 construction season. However, we do not intend to request any additional extensions of this permit. The Board feels that there has been adequate time for completion of this project to date. Should you have any questions, please contact the Tom Manager's Office at the above telephone number. Very truly yours, Jo W. rah am C airman JG:ch cc: KHPN c TOWN OF NORTH ANDOVER, MASSACHUSETTS oFl=1cr OR BOAR ❑ OF SELECTM EN TELEPHONE 682-6483 * F + i k �9SSACNUSEi October 21, 1987 Arthur J. Doyle District Highway Engineer 485 Maple Street Danvers, MA 01923 RE: Permit #5-17772, Agreement #4877 Dear Mr. Doyle: At the request of Channel, Inc. , of Andover, MA. , we are petitioning you to extend the permit for the traffic signal modification, dated October, 1985. This agreement concerns modification to the signalized intersection of Rte. 133 and 125 in North Andover, MA. Specifically, we respectfully request that this permit be extended until the end of the 1988 construction season, at which time the contractor reports the facility should be completed. Thank you for your consideration. Very truly yours, J ahn W. Graham 3G:ch cc: Channel, Inc. i I C/C.7 ............ ........... 145 MamWn SL, Lawrenc,,e, Mwis, 01841 9 ToL (617) 975-1130 [ENGINFL'TI'S & LAND PIANNER1,3 0/1 Town of North Andover D-'PL, Of (A)Y(imunity rk--'Veloplw-nt- 120 Main St. North Andover, Mass. 01845 Re; %,,yfield Property Att. Scott Stocking Eear Scott, persua :� 0 r P s nt to our ,o j.v.,r ation regarding the alx)ve captioned property, located on route 133 across from the Intersection of Gireat Pond Rd. in 1978 when the then '1 )ard of Biblin Works originally set up -the watershed district this property was investigated, A field investigation was made and this property was determined to Ix,- outside the watershed. The drainage from this property runs across the airport property under Holt Road and ultiraite-.1y into the pripack River. ery ruly of eph �Z CeOMM6WWe DISTRICT #S OFFICE 485 MAPLE STREET, Hathorne, 01937 �e Maintenance 7 Permits - North Andover - 5--17772 November 9 , 1987 Mr. John W. Graham, Chairman North Andover Board of Selectmen Town Hail North Andover, Massachusetts Dear Mr. Graham: The time for completion of the work covered by Permit No. 5--17772 issued to you October 24, 1985 for work on the State Highway known as Osgood Street Route 1.25 in the Town of North Andover is hereby extended from October 24, 1987 to October 24, 1988. Very ly yours, Arthur J. Iyoy e, J . , P. District Hft way Engineer SMC/as cc:Krawczyk Muise RHJ t November 19, 187 Re: 1070 Osgood Street Scott, Our discussion yesterday suggested it might be beneficial to me as well as to your department to condense and clarify our position based on Steve Anderson's work as follows: 1. Watershed District Line We believe that the considered written position of the Building Department (consistent with the intent of the Statute and the letter of the Zoning Bylaw , Sec 3.3 District Boundaries) , that the property is not within the District is the legally definitive statement on the matter. The Planning Board has no authority as it presumes, to -dismiss it and, consequently, we decline to approach the ZBA for clarification of what is clearly a dispute internal to the Town and which has its source in the sloppy documentation of the original amendment which established the Distract and an observable inability of the Town representatives to communicate on the subject. If the Planning Board wishes to take this up with the ZBA, that is their prerogative, and there are various avenues by which it might be done such as an appeal of the Building Department's position, but more likely a conference with Frank Serlio, Bruce Clark, and Town Counsel. But we are not about to volunteer to make our project a test case or battleground for issues that concern the Town and the District as a whole and go way beyond us. 2. Watershed District Provisions However, let's just say for the purpose of discussions that Clark recants and we are determined to be in the District. Where would we be? First, as concerns the moratorium, the existence of a properly filed and recorded ANR plan, (consistent with the provisions of the Statute and the specific language of the Town Meeting Amendment explanation) protects the site from any regulations which would prevent its use as of the zoning in effect at the time of the filing of the plan. We are exempt from the moratorium and, therefore no use variance from the ZBA is necessary 1 . i or can be required. What would remain then would be the specific provisions or .content _of the original amendment. Our proposal would comply with all restrictions on use and would be well beyond any required setbacks. Consequently, we would see no basis in law for the requirement of a geohydrological study and, therefore, decline to perform such a study under any circumstances. 3. Special. Permit Application In view of the above, we hold that the Planning Board's authority in this matter is limited to the applicability of the current Special Permit/Site Plan Review Process (as per section 8.3 of the Bylaw which is outlined on Page 70) subject to the qualifications that: a. The ANR plan insures (consistent with the Statute and Case taw in Massachusetts) that recent zoning provisions cannot be applied if they would substantially prevent the use of the property as of the zoning in effect at the time of the ANR filing, and . . . b. that the Special Permit (consistent with the specific language of the Town Meeting Amendment that adopted the process) is non-discretionary in nature. That is to say that the permit cannot be denied or conditioned in a manner which would substantially prevent the use of the property as per current zoning. Accordingly, the project has been designed in a manner which addresses the issues raised in Section 8.3.3, is entirely zoning complying and must be approved within this framework. We recognize the Board's rig Tit to impose and will cooperate with reasonable conditions which deal with safety (FAA approval) and adequacy of utilities (sewer availability) . We will not recognize or cooperate with requests or requirements outside this framework with the single exception of making ourselves and consultants available for any informal "air-clearing" sessions which you might seek to arrange prior to the Board's decision. I i -Received by Town Clerk : i -CL I D y T S IDW Li Lf S�[� FORM A pQRTH NjjbOVER �µA LICATION FOR ENDORSEMENT OF PLAN 2­33 T LIEVED NOT TO REQUIRE APPROVAL To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1 . The division of land shown , on the accompanying plan, is not a sub division because every lot shown thereon has the: amount of frontage required by the North Andover Zoning By Law and is on a public -way , namely , e�s6X)e%�) , or a private way , namely , , being land bounded as follows :. -/C'.r;-y_t :���' j�I L/�r4 PJ G'/� �/ri i'i c ti-7u C• /�!✓✓.!f Gi'>[ .1�i F)!�(�.:!: � Fa F S n i I i-14 CT e �!C_7 T�Cn[ Si,L�Er `�F-i G'� G/� C��"�i 1�� •7�G•Tsy / /G Nir4 cY 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : /;//.'� v�L%�-=��i��'«/1 rf.�-•`�TIJCiLt' /Lj --/., �/ �d� rr-+t> /...-/.9.� ���:�T:is✓_3-� ���,c'd!/C•i �-P !%G�� 3 t„I • l F Book _f '3� Page �c� or 3 ;= ��:�tl e66ref�`rence ,forth Essex Deeds y - -. C e r t i fi cote o f 'Ti tl e No Registration Book �'9�__ _s Pane Appl ant ' s ignature : Owner ' s signature and address if not v the applicant : Appl ' cant ' s Address : !P' Received by Towp Clerk : A 7 4 s Notice to APPLICANT/TOXIN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that - said plan does not require approval under the Subdivision Control Law , and the app . opr4ate endorsement has been made upon the same . 2 . The I46 Andover -Pla g Board has det >> d that said plan shows a ubaivision as d fined by G . c . 41 , 81-L , c! must the fo ,e be e--submi ted to i for approval under the u Sub ivisi n Con of Law . Very truly yours , NORTH ANDOVEP PLANNING BOARD J a r� By , Date ATTEST fATrue Copy Town Clerk i M ' c>F�ICES OF: o r own Of 120 M;tsn Slrut•I ' n NORTH ANDOVER N�trll, :�l,�la„tT. APPEALS �. `� •;: �1��5��u•I�t i�c•tis c�1 H•i [it 111,I)I NC} CONSFRVA•1 10N 1 tl\'I�lf 1 ti tl 16 1 7!G8 i 47 i..i A 131—ANNING PLANNING & COAIAIUNI`I'Y ll �'�l 'ELOPMENT I_ I:.\RFNII.I'. NI;I_�( )N, Ifli l.c ;lc)It December 7 , 1987 James Bourgeois , R.A. Channel Building 23 Main Street Andover, MA 01810 Re: 1070 Osgood Street Site Plan Review Dear Jim: Enclosed, please find the revised decision as directed by the Planning Board for the Special Permit for the above cited Site Plan. The Board has scheduled to vote on this permit during their December 17 , 1987 meeting. Please review the text of this decision and if you have any questions or concerns please give me a call. Sincerely, Scott A. Stocking, , ICP Town Planner SS : je i i i 3 I 3 I Y V w o- . c 1 1 a s f P 6 j JAV ra,,vl -, ✓� G I Tie�t e�A� f Va� Arlo 0s VQ° 1 � r -y r`l v uV VV o re u u i v � i ■ F� S i OFFICES OF: Town of 120 Main Street ' North Andover, AP FAI,S .� ;x; NORTH ANDOVER BUILDING Massachusetrsolsa�� � : `Y� CONSERVATION ` DIVISION OF (617)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR April 19, 1988 Mr . James Bourgeois , R.A. V.P. Architectural & Engineering Service 242 Neck Road Haverhill , MA 01030 Re: 1EP Report - 1070 Osgood Street Dear Jim: The Planning Board during their April 14th meeting took the above cited report dealing with the hydrogeology of the site and its relation to the Watershed of Lake Cochichweick under advisement . The Board will decide on the sufficiency of the report in addressing the requirements stated in Condition #7 of the Special Permit decision during their meeting to be held on April 2Bth . Thank you for your time and effort in this matter . i 9 t Sincerely, 4 Scott A. Stacking , Cp Town Planner J s I 1' I CHANNEL April 14, 1988 Mr. Scott A. Stocking, Town Planner North Andover Town Hall 120 Main Street North Andover, MA 01845 RE: Special Permit Decision, Office Building Project 1070 Osgood Street, North Andover, MA Dear Scott: Attached is a report from Mr. Alton Stone of IEP, Inc., which supports the position of our engineer, Mr. Thomas Neve, that the proposed discharge of storm water from this project (and the Butcher Boy project) into the adjacent pond will not have any adverse impact on the water quality of Lake Cochichewick. We ask that the Planning Board pass a motion to accept this report stating that the concerns which give rise to Condition No. 7 of the Decision of February 26, 1986, have been addressed and striking the condition from the decision. We also ask that the Board inform the Building Department accordingly. Sincerely, James Bourgeois, R.A. ► Vice President Architectural and Engineering Services Channel/Bayfield Companies On behalf of OpTrx Trust s cc: T. Neve and M. Rice i i u I � I NEW AOURESS: 242 Neck Road 123 Main Sire( Haverhill, MA 01830 mclover • Massachusetts©181© • 617.475.1651 374-4495 C inc. April 12, 1988 ISP Project Not NBVR-28 Mr. Thomas Neve Thomas R. Neve Associates, Inc. 447 Old Boston Road Topefield, t!A 01983 REt Hydrogeology of the Lakeview Site, 1070 Osgood Street in North Andover, MA Dear Mr. Never At your request, IEP, Inc. has performed a preliminary evaluation of the hydrogeology of the Lakeview Office Park site and the adjacent Butcher Boy Hall mite. The evaluation was conducted to determine whether parking lot runoff from the Lakeview and Butcher Boy sites, which would be discharged to a small vetland and pond bordering the sites, would have a possible impact on the water quality of nearby Lake Cochichewick. The evaluation consisted oft a review of site engineering plans and local and regional topography and surface water flow patterns, an interpretation of topographic and drainage alterations resulting from observable development and construction, and a site walkover which vas .conducted by Ms. Sarah Walen, a Senior Hydrogeologist at IEp. Parking Lot Runoff It is our understanding that the only water of concern will be parking lot runoff, from parking lots on the Lakeview and Butcher Boy sites, which will diacharge to the vetland/pond. Both of the sites are or will be connected to the municipal sever system, and neither site perform* any industrial process which would generate any other waste or cause a potential release of hazardous materials. There are and will not be any underground storage tanks on either site. The U.S. SPA Nationwide Urban Runoff Program (NURP - "Result* of the Nationwide Urban Runoff Program - Volume 1" EPA 12/83, NTIS g PB84-1889352) has conducted an extensive study in order to evaluate which hazardous compounds (EPA Priority Pollutants) are present in parking lot runoff. According to this study, 53 out of the 129 contaminants tested for were present in one or more samples. Most compounds were Infrequently detected (less than 10% of the samples) and in very low concentrations (a few parts per billion). Contaminants of particular concern are h*nvy metals, being more frequently present (7 of 13 metals being present !n SOX or more of the samples). The attached table, preaentinS data from the Nationwide Urban Runoff Program, indicates that concentrations of heavy Metals in the runoff are very low, typically less then 0.5 ppm. A YY11 MM Y0 1l 34 VU 1 ll J Hr. PC. Thomas Have _2_ April 12, 1988 Organic contaminants are occasionally (leas than 20% of the time) present in parking lot runoff. Semlvolatile compounds were the most frequently detected. Volatile organic compounds such as benzene and toluene were very infrequently detected (lees than 5% of the samples) and where present, were in very low concentrations. Heavy metals and most semivolatile organic compounds ganerally are not particularly mobile in the surface and ground voter. Theme materials usually sink to the bottom, of the water column and are adsorbed onto the sediments. Due to the level of dilution, adsorbtion and attenuation which would occur in the wetland/pond, and the further dilution, adsorbtion and attenuation which would occur during subsurface ground water flow, the presence of either metals or organic compounds in the runoff should not have any Impact on the quality of water in Lake Cochichevick. Low concentrations of petroleum hydrocarbons (oily sheen) can also be associated with parking lot runoff. In general, these compounds have specific gravities which are less than water and are therefore lose likely to enter the ground water flow system. Instead, petroleum hydrocarbons are more likely to flow with the surface water discharge into the pond and wetland on and around the site, and in a northwest direction toward the Merrimack River. RydrogeologX Both the site and Lake Cochichevick are located in the Merrimack River basin. Although locally variable, regional surface voter runoff is directed to discharge along the Merrimack River. Locally, there is no surface water connection between the pond/wetland on the Lakeview site and Lake Cochichewick. Osgood Street appears to be a surface water divide directing runoff frow .land southeast of Osgood Street towards Lake Coehichovick, and runoff from land northwest of the Street, including the Lakeview site, into the wetlands on the site and along Clark Street. Based upon topographic interpretation, construction of the extension of the Lavrence Municipal Airport and part of Clark Street appears to have blocked surface water flow that may have previously discharged from the wetlands on-site and along Clark Street towards the northwest Into the unnamed intermittent stream which flows under Bolt Road to the Merrimack River. Blockage of the surface water runoff may cause the ponding currently obslrved in these wetlands. The ponded voter which formerly would have discharged northwest towards the Merrimack River may nov discharge from the wetlands via #round water flow under Clark Street. Based upon the information reviewed and the observations made, the regional direction of ground water flow for the mite and surrounding environm, including Lake Cochichevick, is generally to the northwest toward the !Merrimack River. Local ground voter flow patterns are likely to be similar to the surface water drainage patterns described above. Thug Osgood Street probably represents a around water divide from which ground voter to the northwest of the Street, Including the Lakeview site, flows to the northwest toward the Merrimack Riverl not towards Lake Cochichovlck, Local `round voter flow patterns would be confirmed by constructing a Voter table topography nap. i ar1 •r.v, w yti/nY vo f 44* i 5 4 1 C Pionc, Kr. Thomas Nave -3- April 12, 1988 Suayaary It is the opinion of IEP that, based upon the conditions presented above the discharge of parking lot runoff to the small pond/wetland bordering the Lakeview and butcher Boy sites, is unlikely to have an adverse impact on the vatar quality of Lake Cochichevick. If you have any questions please call me at IEP. Yours truly, ISP, Inc. Alton pay Stone Senior Scientist r � e inc. lunoff and II&AQflOw C01a0entration3 Usod in NAss Balance Calaulatioas UrUsa Ruaolf Cone. (a) Variable Units Low High r.r.rrrtwrw r.www-------------- ---w.rwwrrrrwwwrMA��rr.r��rY 3-pay 84D ppm 6 16 .... Total' Phosphorus ppm .10 .60 Total Nitrogdo ppw 1 .3 Soo Suspended Solida ppm 25 250 Sodium ppm 2 e .. Copper ppb 20 150 Lead ppb 30 b 200 b Zinc ppb 60 660 Cadmium ppb 1 24 Chr"i= ppb 5 25 Mercury ppb *5 3 ... . ..... frr•rr_r r r r�rrri r►r r.r r r�r w w r w r r r w rw r r rr raw rrrrr r�r•rr rr�rsr•� a — Runoff Coucantratioa Distributioat EaLmated from t+NURP and r1U Data Compilation (See Figure 1) = Sodium 'ranle from h"JRP Metals Sruvey (Dalton at al . 1983) , WIRP/Durhim Study (KIIWSPC ,1983) 0 and USR3 HASQUAN Stations in New England I (DSCS�1977} . 3 . . b Lead Runoff Concentrations Shown in Figure I Reduced by taator of 2 to Reflect Changes is Kaximum Lead Content 6( CasolLne in Effect July 1 . 1985 ( .5 grams/gallon vs. I .l grains/gallon Prior That Date). Maximum Ltad Content. .1 grams/Sa11on its of January 1 , 1966. 'I,owII of 12c1>ti-grin Stye et AI IIIF/\I,S NORTI JANDOVER North Andover. MiISS�ICIIUse(ls 0 1845 MAI-I)ING CONSERVATION p9gDIMS!( NI OF (617)685-4775 HFAIA-1-1 1 11 ANNING PLANNING & COMMUNITY DEVIE.LOPMENT KARF;N I I.P. NE-I-SON, DIRECTOR FRUIII: ScotA 0 . f DATE : April I.V . t')LIQ FRE: Cirandl '4r.hf?v illo unljc? I"t . t:; . l._ . l ti:.apter WA, Section 5 Ottachc,d p leas:,c- ('itid ;mdum prepared by Stephen D. Anderson , For [Ir. Jirf) ()f Chavinel Building . Please review and let ' t; get, togC [Alpy- and t.111 aUaut� LhT issue c7i presented . cc : Bob Njr-�?! DuiLdil-,`-j fi,7,per tor. to Pfl) Of FILES ES OF: p Town of 120 ktilin Street APPEALS North Andover, NORTH ANDOVER BU11,I)ING MassaChUsetts o 1845 CONSERVATION DIVISION OF (617)685-4775 HEALTH I II.ANNIN(i PLANNING & COMMUNITY DEVELOPMENT K/MWIN H.P. NELSON, DIREGFOR 1-0: Peter Domenic FROM: S c 0 t 0 c-1, i 1-1 cl , r V I(-�T, DATE : Apr i 1 1 9 . V 80 RE : GrandlaHi�rit--u Ui)dn- 40A , Section 5 Attached ptcas�- f7ir0 prepared by Stephen D. Anderson , For Nr . Jim Bci irqeoi5 of Ch,-innel Building . Please review and let ' s get together and tall al,out the issues-, presented . cc : Bab 1n,5uf71: tDr Karen 'NE21S01-1 . D-,T-C JOY , PCP n ANl)ERSON & K1tEIGE t A VI'OHKEYS AT LA1V 33 MOI'N'I' VERN()N ti'I'Rl+aET B{)ti' ON. N1ASSACIIUSET CS 02108 ) 2 (617)523.1624 S•1'EN IEN 1). ANDERSO N I tA1,c)Auan•I'•rl:u IN cuNNF:C'rICI"I') APR 1 7 JA SO Al)5 ITTF:1)IN NEW YORK) j::�If�Ni�i.. � (;C7.� April 5 , 1988 °s Mr. James Bourgeois Bayf ield Baybank Building 23 Main Street Andover, MA 01810 Re: Freeze Protection for Subdivisions f Dear Jim: As you requested, enclosed is a brief memorandum describing the freeze protection afforded to a definitive subdivision plan. Such a plan is protected, for a period of eight years , from "all subsequent zoning amendments. " A landowner entitled to the freeze "may proceed under the provisions of the zoning by-law as in force prior to their amendment . " We have not found any exception to this rule for procedural requirements imposed after approval of the subdivision plan . We would be pleased to review any cases that the town cares to cite in this regard and advise you of our findings . If you have any questions , please call me. Sincerely yours , Stephen D. Anderson SDA :merO4 E.nclE)Nure u • o • MEMORANDUM TO : Stephen D. Anderson FROM: Mark C. Rouvalis DATE : March 25 , 1988 RE: BAY/ENV: Protections from Amended Zoning By-laws for Approved Subdivisions ISSUE AND BRIEF ANSWER To what extent can a zoning by--law impose stricter procedural and substantive requirements after a subdivision plan has been approved? As explained more fully below, G.L. c. 40A, § b, 1 5 , provides that an approved subdivision plan is governed, for a period of eight years from the date of the planning board 's endorsement of approval , by the zoning ordinances and by-laws (if any) in effect at the time the plan was initially submitted to the planning board. The Supreme Judicial Court and Appeals Court, with one exception, have consistently rejected local attempts to apply stricter by-laws or ordinances that were passed after a subdivision plan received approval . That exception concerns requirements imposed by state law adopted after approval of the subdivision plan . DISCUSSION General Lnws c . 40A, § 6 , 1 5 states in relevant part : " . . . the land shown on such [definitive or preliminary] plan shall. be governed by the applicable provisions nf the zoning Ordinance or by-- law, if any, in effect at the time of the first. such submission while such plan or plans are being processed under the subdivision control law, and , if such definitive plan or an amendment thereof is finally approved, for eight years from the date of the endorsement of such approval . . . . " The courts have consistently interpreted this paragraph and its predecessors literally. (The statute has been revised periodically since the late 1950s ..) Unlike G.L. c. 40A, § 6 , 9 6 , which only protects the use of land shown on an "approval not required" plan, paragraph 5 provides approved subdivision plans with broader protections from "all subsequent zoning amendments . " Bellows Farms , Inc. v. Building I_nspector of Acton, 264 Mass. 253, 260 (1973) . As a result of the broader protection of paragraph 5 , the courts have repeatedly struck down attempts to impose zoning restrictions that were not in effect when the subdivision plan was initially submitted to the planning board. See, e.g . , Smith v. Board of Appeals of Needham, 339 Mass . 399 , 402 (1959) (a landowner entitled to the freeze protection "may proceed under the provisions of the zoning by-law as in force prior to their amendments; " a change from a general residence district in which two family dwellings were allowed to a single residence district adopted after the sizhdivision plan wns approved was not applicable to the land in question ) ; 1'slteLle v._PIanninp, Board of Woburn , 70 Mass . App . 779 ( 198')) (developer was not required to apply for a -7- special permit dealing with cluster developmento that did not exist when the subdivision plan was initially submitted to the planning board) ; Chira v . Planning Board of Tisbury, 3 Mass . App . 433 (1975) (by-law increasing minimum lot sizes approved after submission of the preliminary plan was not "in effect" for statutory purposes and thus was not applicable to cluster development plan) . All of these cases involved persons who applied for building permits within the statutory protection period. Cf. Wright v. Board of Appeals of Falmouth, 24 Mass . App . 409 , review denied, 400 Mass . 1107 (1987) (lot owners ' failure to apply for building permits within freeze period meant that zoning amendment passed after the approval of the subdivision plan was applicable to the permits) . The only exception to the general protection provided by G .L. c . 40 , § 6 , 1 5, concerns restrictions imposed pursuant to state, as opposed to local , legislation. In Island Properties , Inc . v. Martha' s Vine and Commission, 372 Mass 216 (1977) , the court allowed restrictions to be imposed on land covered by an approved subdivision plan despite the protections afforded by § 6, paragraph 5 (then § 7A) . The court reasoned that § 7A dealt only with "amendments by local authorities of the local zoning provision , and is not directed to standards and regulations , atithorized by the State legislation , having regional. or Statewide scope or significance affecting such local provisions . " J(- . at 2.1.7. Consequently, the court allowed -`i-- the Commission to Impose restrictions that did not exist or were snore stringent than those under the local by-law at the time the subdivision plan was approved. Id. at 217 , 225 . CONCLUSION Based on the foregoing, land covered by an approved subdivision plan is not subject to review under a site plan review process adopted after the plan had been submitted to the planning board. See G. L. c . 40A, § 6, 1 5 ; and cases cited above. However , such land may be subject to regulations and requirements of Local commissions established pursuant to state law having regional or statewide significance . 40A § 5 CITIF,'S, T(1W.NS AND DISTIM"I'S Nolo It five ..MMIg ltd. (it I lk lit'l. 1­1 ht'hilk. Alflocal, 4.1 1irocl,tmt W066) 2111 N.V.*20 CIT'llis ;Wl- 111' hICA I iV4iA;lti%V L1, 3".1 Nhk;-4. :I fit. ordil IL,,11 Ill "(I'll-1 ti,­ Milt it I HV]t4l.1119 11 i 119 its ef 6. Existing strtwturrs, uses, or perinits; certain stj division and h resid I)kIRS; aI)l)IiV.k 0011 of chapter dors( Except .is licreinaftei- Provided, I zoning ordinance or by-law joildi "hall not ilppl�' to SIFLICLUN's 01' USUS laWfU113' in existence oil lawfully S of Ja begun; or to a htfildin,-, or special permit issued before the first publi- front CZ10011 Of notice of the public li.,arlrg on such ordinance clt- by-law Zonill required by section five, but shall apply to any change or substantial hund extension of such use, to a building or special permit issued after the prov first notice of said public hearing, to any reconstruction, extension or ary StIUCtUl'al Vllllltt:e Of SLICII StFUCWIe and to any alteration of a strut- that WIT N"gUn M1,01' the fil'St notice of said public hearing to provide for Of SL its USC for ',I substantially different purpose or for the same purpose this in a substantially different manner or to a substantially greater ex- upon tent except where alteration, reconstruction, extension or structural hibit change to a single or two-family residential Structure does not in- crease the nonconforming nature of said structure. Pre-existing non- monl conforming structures or uses may be extended or altered, provided, provI that no such extension or alteration shall be permitted unless there is subnlJ l-I finding by the permit granting authority or by the special permit, tive granting authority designated by ordinance or by-law that such be g change, extension or alteration shall not be substantially more detri- by-k mental than the existing nonconforming use to the neighborhood. such This section shall not apply to billboards, signs and other advertising law, devices subject to the provisions of sections twenty-nine through appi thirty-three, inclusive, of chapter ninety-three, and to chapter ninety- appi three D. mitt A zoning ordinance or by-law shall provide that construction or seve OPOMHOMS 1-111del' a building or special permit shall conform to any appi subscquent anirnidnienl of flie ordinance or by-la%v unless tile use or C01114IFUCtiOn is commenced within a period of not more than six has months after the issuance of the pr-rinit and in cases involving con- subs JI'LlCtion, unless Such Construction is continued through to completion land as contillm as is reasonable. of t msly mid vxpoditiously , A zoning ordimince or by-law may define, and regulate noncon- lion forming forming ti,,es and !�tructmvs abandoned or not used for a period of the Iwo orH101,11. per Any incroa ,, in irvo, frontaVe, width, yard, or depth require- boa 111(lilts of a zolling, ordimmuo or by-Jaw ,hall not apply to a lot for quil .'-fili'lo and tw(14,1111HY 1-v"idvilliol 11m. %%Nrh at the 1:1111v of recording or vnflorS,vnictil, whichever or ctirs sooner was not held In colunlon %vhi (MAIVISIlip vJ111 --my ;1djobtilig 1,111o, con forn wd 10 then existing re- vld� tjt(l lull 1(­,: 111:111 Ow propwcd I-equil-onivill but nt 4'a.-O 110 ZONING 40A § 6 five thousand square feet of cuea irnd fifty feat of frontage. Any in- :+ crease in area, frontage, width, yard or depth requirement of it zoning ur(linanc•e or by-law shall not apply for a period of five years from its etfective dale or for five years after Jalluary first, nineteen hundred and seventy-six, whicliever is later, to a lot for single alld two family residential use, provided the Platt for such lot was recorded or en- clorscd octet such lot N%'as llcki in COIn1I1nOI1 ownership with any ad- joinillg tall(, and confol•Illccl to the existing zoning requirements as of January first, nineteen hundred and seventy-six, and hail less area, frontage, width, yard or depth requirements than the newly effective zonint; requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided that said five year, period does not commence prior to Janu- ary first, nineteen hundred and seventy-six, and provided further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. The provisions of r this paragraph shall not be construed to prohibit a lot being built upon, if at the time of the building, building upon such lot is not pro- hibited by the zoning ordinances or by-laws in effect in a city or town. If a definitive plan, or a preliminary plan followed within seven months by a definitive plan, is submitted to a planning board for ap- proval under the subdivision control law, and written notice of such , submission has been given to the city or town clerk before the'dfec- tive date of ordinance or by-law, the land shown on such plan shall ; be governed by the applicable provisions of the zoning ordinance or , by-law, if any, in effect at the time of the first such submission while such plan or plans are being processed under the subdivision control law, and, if such definitive plan or an amendment thereof is finally approved, for five years from the date of the endorsement of such ; a1).proval, except in the case where such plan was submitted or sub- mitted and approved before January first, nineteen hundred and seventy-six, for seven years from the date of the endorsement of such approval. When a plan referred to section eighty-one P of chapter forty-onc . has been submitted to it planning hoard and written notice of such submission has been given to the city or town cleric, the use of the land shown on such plan shall be governed by applicable provisions of the zoning ordinance or by-law in effect at the time of the submis- sion of such plan wine such plan is being processed Lander the sub- division control I(Iw including the time required to pursue al' await the determination of all appeal 1eferred to in said section, and for a period of three ycr(t-s from tlm. d;tte of endorsement by the planning horar(l that Ipprov ll Inid(.1, 111c. subdivision control law is not rc• quired, or words of sinillar import. Ilistcplirov,ll of =' plan s;hrcll 'if" serer 10 terrninatc any rights which shall have arcrcied tinder the provisions of 1111s 'wrtion, pro- ; �'iclr(l sin 'Il1peal fi ollt !ho decision rli'mpproving said plan is male 40A . G t l rlf:�, •l•tt VNS AND tFl,rttt[.,t, 1111dol. opplit'alllr pt-twkions of Iht' subtlk-isioll control law. Such 1•I,:,I appe'll slukll r,tay, pi.-Ildink; cut ordol' or dccr(•(' (If It cotlt't of final jttl'is- ins Ah" 1. (il(•tiun, the ilpplic:ll)ilitV I() land Shown oil said plan of the provisions I.;11,:. of aIII zolling ortlill;ult'I' ur by-law Much Il( o,1111 t effective after the (i. II;I date of subnlissioll of tuo pliln Iirs! >tnlrinitEr(l. 1.1(w, 1 In the event Ihrll ally left sho%%n on a plan endorsed by the plan- L.IIIA n'Agi nillg board is tl(' subject matte!' Of Ally appt',d or aow litigation, the AILIWt , euVnlptive provisions of this section sliall be extended for a period (`on('!:x• equal to that from the date of filing, of said appeal or the commence- Noo( nient of litigation, whichever is earlier, to the date of final disposition (rl• thereof, provided final adjudicatirin is in favor of the owner of said lot. The record owner of the land shall have the right, at any tinle, r by an instrument (]Illy recorded ill the registry of deeds for the dis- trict in which the land lies, to wiiive the provisions of this section, 11( in which case the L);�dillance or by-law then or thereafter in effect shall apply. The submission of an amended plan or of a further t:ft subdivision of all or part of the land shall not constitute such a waiver, ; nor shall it have the effect of further extending the applicability of the ordinance or by-law that was extended by the original submission, s but, if accompanied by the waiver described above, shall have the Qua!: effect of extending, but only to extent aforesaid, the ordinance or by- David r- (t law made then applicable by such waiver. )Iris. :Added by 5t.1975, c. 808, i :3. Anien(led by St.1977, c. 829, § 3D; ,st.1979, c. fIfl[;5). 106, Split HIstorIcaI Note IlLlrll S.. , -.)77, c '-211, § :11), till crno';[ciwy L. C. IIIA, §z 5, 11, as; t dded by tit. legE' If' :[(-(, I liprovr•11 let•+•. _ir, 1977, c(trrr-cti%oly IP.)1, +. :;GS, fi 2. Muss. 1, �;Illntitlltod "Ilion", fill. in the sr•r•- (;A„ (•, 40.1, f 7A, as added by St.1957, State, and l,;kl':t„r:lJill. r'• :.11)7. Crftllnt('I� r (;,[,, c, -I(IA ;A\ as added ll • St.YY1 8, 1 Anne;: St,1t17J, +�. ](I(i, intil•rtrrl ter,• yr+cutl(I , § • f b r-r�ntcn(`(• ill Illy frt11r1h 1l;tra„r:,l'lI- c. -I!1-'. [.'rtllel c. St.19711, r• 1rIG- u:I: :rl,ln(lrtvi April ill, �1.19.59. c. 221, ] �1.1f,+ll), r•, `-191, f1r61. I•ancr�l+nc}• rlcrlaralintt h}- the (.+lt� ''/,orlin SI.11160, c. f�zfl, � 1. ('..1.S. crllor 1%11; filed April 20. 1979. 41.V161, c, i:t.�, �§ 1,2. Prior Laws: �t.V16:1, c. .501. t;ff' Sl.11)21), c. 601, k6:i, 1;, .1!el;l, (Tcr,F,(U c. Ill,li§26, S1.1933, c. 21 ), S1.1911, c. 17(;• ,L1!11M, c. 572, 1' "I.l,ri" , M. E' Law PeVll•K CoaTllnentarlES r .1+4v•«r!F\' :1IEll nntl r•nlFfr.t'R3itla.; 11�t'� ,11a"�F4trl' ll�r• 4 4, t t!I iklnl r\lrtFpl: tt'kl+•t(Irr.• itirllnrll G. M1111'r. .i Artullnl ti+rlwv+ ref IFI171 sttff"ll: I'.l,.ltrr• 1ni(I, It. 1l�I �: l,Ill': t;.t,lr,n f'r.l+r,•, ll. I far flrl:rua :It+I,iic,ltinn r,f r't1:11r1cr ti[tti in ccl<1ln>; rttnr I; n:, t,l;(n r:nitlurrw snul pe'r- 1rl,liljr.n an :Ills! +•\Irn-Inh - nt Nntlr•,+n nilti. {C111allelk { Ilr(CX (1117N) 22 ll,iAfoi In genni fr+tmiliv ,I.r I,I, I••I �I f: 11,0 r, 1 t I::'I ,! No, I. l,. 17. AGando''' ,1nrmjl •.a \I I 1 :• 4. is ,:r, frf"rl lot NoI,. ("'Htl;r. I, li:-' tl`.+':I+ t:i,I..Ird ri. trllwi. 41 A411I,n1 S(Irtr) ref F'er 'I 7rlmirli-I. ,1,%(- •li.,'t 0.11, i•• +, Ilil.,; 11 t•. I,.lSc, ;:•+-.late 1'xr114�e•, 1 1 Afknrtloi Adjoinlr I �i of porrrs,� , OFFICES OF: o= �a°t, Town of 120 Maill sit-eel APPEALS :� NORTH ANDOVER N01-01 Alldovel', BUILDING '� •.,...-t� I\1F155�1c 111�5t'IIS(l l ti4 CONSERVATION DIVISION OF (617)685-47i i HEALA H PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR June 3, i^SS Mr . James Bourgeois , R . A . V.P. Architectural & Engineering Services 2112 Fleck Road Haverhill , I11A 01030 Re: Refusal of the I .E . P. Report 1070 Osgood Street Dear Jim: Please be advised that the Planning Board during their June 2 , 1Y88 meeting agreed not to accept the I .E .P . Report dated April <<_ , V-100 regarding the above referenced site. The Board voted that the report does not satiG-fy Condition il'7 01 the decision issued by the Planning Board pertaining to the anpr0NI-al n� a Site flan Review for 1070 Osgood Street udder the Special Permit: Process . If you have :any questions regarding this matter please (::a11 me. Sincerely , Scott A . Sto€ki1rg , [:P Town Planner CHANNEL Septend7or 16, 1988 Mr. Robert Nicetta Building inspector North Andover Town Hall 120 Main Street North Andover, MA 01845 RE: HYDROLOGIC OBSERVATION SELLS; TEST PITS Bear Bob: Enclosed is a copy of the affirmative Special Permit Decision for the office builiding proposed for 1070 Osgood Street. Condition No. 7 of the decision calls for an investigation to be Performed to establish the ground water relationship, if any, between the pond on the north side of Route 125 and Lake Cochichewick. To that end our engineer, Mr. Thomas Neve, has approached Mr. Kenneth Yameen, owner of the Butcher Soy Markc:c, for permission to do some preliminary investigations on his property which is between the pond and the lake. Mr. Yameen is willing to assist us in this effort, but he is justifiably concerned that any site related work on his property might somehow complicate or adversely affect ongoing litigation with the Town over his shopping mall proposal. I've discussed this briefly with Scott Stocking, and he suggested that the provisions of Section 8.32 of the zoning By-law might provide Mr. Yameen with the assurances he needs. I would therefore appreciate a written determination as to whether Mr. Yameen can, as a matter or right under North Andover zoning, allow Mr. Neve to perform hydrologic related investigations on his property without any permit or action from the Town. Please take note this property is in the Watershed District. Thank you for your cooperation. Sincerely, I Jame: Bourgeois, R. A. , Vice President Architectural and Engineering Services On behalf of Mr. Kenneth Yameen and Optrx Trust cc: K. Yameen S. Stocking T. Neve � R. Webster. M. Rice 19 P-4P Nna _. Rc,nd "nver-hill, PV#A s DIF336; -3 74m4R'f'1 ® PAX 500--373--490f KoPELMAN AND PAGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET LEONARD KOPELMAN BOSTON, MASSACHUSETTS 02110 DONALD G.PAIGE ELIZABETH A. LANE (617)451.0750 JOYCE FRANK FAX 451-1863 JOHN W.GI'ORGIO BARBARA J.SAINT ANDRE JOEL B.BARD RICHARD J.FALLON GEORGE.M.MATTHEWS JAMES A.DYREK EVERETT J.MARDER JANE M.O'MALLEY KAREN V.KELLY COLLEEN B.WALKER L,, SONDRA M.KORMAN February 26, 1990 ANNE•MARIE.M.HYLAND RICHARD BOWEN CHERYL ANN BANKS ^,,,,^� �""J Mr. Christopher Huntress, " Planning Departmentl . North Andover Town Hall 120 Main Street „ € ' North Andover, MA 01845 Re: Trombley v. North Andover Planning Board Essex Superior Court C.A. No. 88-648 Dear Mr. Huntress: Enclosed please find the plans and documents you requested in regards to the Lakeview Office Building Project. If you have any further questions, please do not hesitate to contact me. b very truly yours, James A. Dyrek//" JAD/meg f Enclosure