HomeMy WebLinkAbout2003-04-08 Application SPR i
LIGHTHOUSE REALTY TRUST
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11: 1 2
February 20,2003
IV. _
Town of North AndOver0
Planning Board 0
03
27 Charles St
North Andover,MA 01845 NOPI,I,H ANDOVEH
Dear Board Members:
Enclosed is my application fora Special Permit for my site plan as well as a Special Permit for my project
called the North Andover Business Center to cover that part of the proposed building that sits in the
General Zone of the Watershed Protection District. I am a 17 year resident of North Andover and have
proposed this project to accomplish the following objectives:
Fiscal and Community Impact
1) Generate tax revenue for the Town of North Andover to help provide needed funding for town
services. By developing a conunercial site as opposed to a residential site, we believe to help the
town by funding services as opposed to being services demanding as would be the case in a
residential development In addition, it is our hope to attract new businesses to the Town to help
off-set the impact of the Lucent downsizing Based upon the new commercial tax rates,this project
would generate approximately$30K$35K per year in property taxes alone.
2) Generate lease revenue for the Lawrence Municipal Airport so they may operate more effectively e.g
improved security and appearance. The lease of the land will generate approximately $30K-$35K
per year for the airport as well.
3) To beautify the Town and the entrance to the airport as this is a prominent location for our town as
people drive up and down Sutton Street traversing to and from the downtown area. We are investing
in a more expensive building design by utilizing all masonry and steel construction accented with
abundant glass around three sides of the building as opposed to a less expensive all metal building
It is our belief that this design will increase the beauty of the area that is now surrounded by metal
buildings e.g. hangars and storage facility. We have also volunteered to spend the money to
landscape the entrance to the airport on both sides as well as the median of the Airport Access
Drive. In addition,we have planned for more parking than the Zoning Bylaws require.
We believe that this development although somewhat risky in today's economy would be a net positive
for the Town of North Andover, something we could be proud of and would help to improve the property
values in the commercial area. It would also help in recoup lost revenue for the service businesses
surrounding the area that have been negatively impacted by the Lucent downsizing. This building would be
the .most attractive in the area as well as the largest privately funded commercial capital improvement at the
airport.
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—2— February 20,2003
Finally,we have met and reviewed our plans with Fire,Police and DPW. The police department supports
our findings and adoption of our traffic plan. We have incorporated the Fire Department and DPW's
recommendations into our plans as well. We have also received approvals from Conservation and Zoning.
Thank you for your consideration in this matter and hopefully you will agree with our intent by granting
us the permits necessary to proceed with the construction of the North Andover Business Center.
incerely,
J es A. Cyrier
Trustee
109 BLUE RIDGE RD. NORTH.AN170Y_ER,-MA 01.845
HOME: 978-975-2167 CELL: 978-852-1098 PAX: 978-686-6071
See Section 8.3 oF.the North Andover Zoning Bylaw for more detailed Wbrmation.
Town of North Andover Planning Roafd 2 I
Please type or print clearly:
1. Petitioner: Lighthouse Realty Trust
Address: 109 Blue Ridge Rd, North Andover, MA.01845
Telephone Num: Cell 978-852-1098 Home 978-975-2167 Fax 978-686-6071
2. Owners of the Land: Lawrence Municipal Airport, City of Lawrence
Address: 492 Sutton St,North Andover, MA 01845
Telephone Number: 978-794-5880
Number of years ownership: Approximately 70 years
If applicant is not the owner, please state interest in property: Lessee
3, Request for a Special Permit under Section 8.3/10.3 of the North Andover
Zoning Bylaw to construct the North Andover Business Center, a commercial
building for mixed uses allowed in the I2 zone,
4. Location of Property: 500 Sutton St.
Zoning District: 12
Assessors: Map: 74 Lot# 1_B
Registry of Deeds: Book#: 673 Page#401
5. Existing Lot:
Lot Area (Sq. Ft): 550 acres Building Height: Varies
Street Frontage; Varies Side Setbacks: Varies
Font Setback: Varies Rear Setback: Varies
Floor Area Ration: Varies Lot Coverage: Varies
6. Proposed Lot(if applicable):
Lot Area (Sq.Ft,): 114,058 (lease area) Building Height: 27 ft+1-
Street Frontage: 791 1£+/- Side Setback: 50.25 ft
Front Setback: 55 ft Rear Setback: N/A
Floor Area Ratio: 0.27:1 Lot Coverage: 27%
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7. Required Lot (as required by Zoning Bylaw); 1
Lot Area (Sq.Ft.): 80,000 sq ft Building Height: 55 ft
Street Frontage: 150 if Side Setback: 50 ft
Front Setback: 50 ft Rear Setback: 50 ft
Floor Area Ratio: 0.50:1 Lot Coverage: 35%
8. Existing Building(if applicable):
Ground Floor (Sq.Ft.) NIA #of Floors NIA
Total Sq. Ft.: NIA Height: NIA
Use: Existing Air ort Type of Construction: Mixed
9. Proposed Building:
Ground Floor(Sq.Ft.) 30808 sq ft # of Floors 1
Total Sq. Ft.: 30808 sq ft Height: 27 +/-
Use: Mixed I2 Type of Const: Steel &Masonry
10. Has there been a previous application for a Special Permit from the Planning
Board on these premises?None known. If so, when and for what type of
construction?
11. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is
the official form of the Planning Board. Every application shall be filed with
the Town Clerk's Office. It shall be the responsibility of the petitioner to
furnish all supporting documentation with this application. The dated copy
of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to
comply with application requirements, as cited herein and in the Planning
Board Rules and Regulations may result in a dismissal by the Planning
Board of this application iDes
omplete.
Petitioner's Signature:
I halht?i
Print or type name here: A. Crier Trustee
r
Owner's Signature:
Print or type name here: Mike Miller, Lawrence Municipal Airport Manager
�!i
Town of North Andover Planning Board` �'�'j 4 14,i<`•-;C� . t
Application for Special Permit
Please type or print clearly.
1. Petitioner: Lighthouse Realty Trust
Petitioner's Address: 109 Blue Ridge Rd.,North Andover,MA 01845
Telephone number: Cell 978-852-1098,Home 978-975-2167,Fax 978-686-6071
2. Owners of the Land: Lawrence Municipal Airport. City of Lawrence
Address: 492 Sutton St,North Andover,MA 01845,
Number of years of ownership: Approximately 70 Years
3, Year lot was created: 2002(proposed site)
4. Description of Proposed Project: To construct a commercial office/warehouse building called
the North Andover Business Center.
S. Description of Premises: The building is to be located at the entrance to the Lawrence Municipal
Airport on 500 Sutton Street and constructed with a steel frame and masonry/tinted glass exterior.
6. Address of Property Being Affected: 500 Sutton St
Zoning District: Industrial 2
Assessors: Map: 74 Lot# 1_13
Registry of Deeds: Boole#: 673 Page#: 401
7. Existing Lot:
Lot Area(Sq.Ft) 550 Acres BuildingHeight Varies
Street Frontage: Varies Side Setbacks: Varies
Front Setback: Varies Rear Setback: Varies
Floor Area Ratio: Varies LotCoverage: Varies
8. Proposed Lot(if applicable):
Lot Area(Sq.Ft) 114058(lease area) Building Height 27ft+1-
Street Frontage: 791 It+f Side Setbacks: 50.25 ft.
Front Setback: 55 ft Rear Setback: N/A
Floor Area Ratio: 0.27:1 Lot Coverage: 27%
9. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 80,000 s_n_ft Building Height 55 ft
Street Frontage: 150 If Side Setbacks: 50 ft
Front Setback: 50 ft Rear Setback: 50 ft
Floor Area Ratio: 0.50:1 Lot Coverage: 35%
10. Existing Building(if applicable):
Ground Floor(Sq.Ft.) NIA #of Floors: N/A
Total Sq.Ft. NIA Height: N/A
Use:Existing Airport Type of Construction Mixed
11. Proposed Building:
Ground Floor(Sq.Ft.) 30808_ q.ft. #of Floors: 1
Total Sq.Ft. 30808 sq.ft. Height: 27 ft+/-
Use: Mixed I2 Type of Construction: Steel&Masonry
12. Has there been a previous application for a Special Permit from the Planning Board on these
premises? None known If so,when and for what type of construction?
i
13. Section of Zoning Bylaw that Special Permit 1s Being Requested 8.3/10.3.
14. Petitioner and Landowner signature(s):
Every application for a Special Pennit shall be made on this fornn 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 famish all supporting documentation with this application,
The dated copy of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses
for filing and legal notification. Failure to comply with application requirements,as cited herein
and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard
of this application as inc
Petitioner's Signature:
Print or type name here: Jame A. C rier Trustee
Owner's Signature: J J
Print or type name here: Mike Miller,Lawrence Municipal Airport Manager
15. Please list title of plans and documents you will be attaching to this application.
Special Permit Site Plans(Sheets 1-9),Full Size and I I"X 17"
Traffic Impact&Access Study
Storm Water Management,Drainage Calculations&Best Management Practices
Site Plan Special Permit Supporting Information
Draft ZBA Decision 2003-002
Conservation Commission Findings
Police and Fire Review Memos
Lawrence Municipal Airport Authorization Letter for Site Design and Lease
Certified Abutters List
Building Rendering and Architectural Plans
Signage Plan
Existing Airport Facilities Plan 11"X 17"
Cover Letter with Fiscal and Community Impact Statement
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Town of Forth Andover Planning Board
Application.Check' (stfor Sike Plan Revlew
I. Three(3)COPIES OF THE APPLICATION time stamped by the Town Clerk.
2. Ten (10)copies of the plan. Plan at a scale of r=40'and prepared by a certified
architect,landscape architect or engineer registered In the Commonwealth of
Massachusetts. See appropriate section of the North Andover Zoning Bylaw for more
detailed information.
3. Filing Fee("00 plus 7 cents per sq.ft.gross floor area)and Project Review Fee(based on
sq.ft).
4. List of Parties of Interest(abutters)certified by the Assessor's Office and stamped
envelopes.
5. Written documentation-legibly written or typed memorandum setting forth in detail all
the facts relied upon for submittal of the application.
6. The following information must be either shown on the plan or described as part of the
written documentation.
a) North Arrow/Location Map
b) Survey of the Lot/Parcel
C) Name/Description of Project
d) Easements/Legal Conditions
e) Topography
f) Zoning Information
g) Storm wailer Drainage Plan
h) Building(s) Location
!� Building Elevation
j) Location of Parking/Walkways
k) Location of Wetlands
1) Location of Walls/Signs
M) Location of Roadways
ri) Outdoor Storage/Display Area
0) Landscaping Plan
p) Refuse Areas
q) Lighting Facilities
r) Drainage Basin Study
S) Traffic Impact Study
f) Commonwealth Review
U) Utilities
V) Fiscallmpact
W) Community Impact
�. The applicant will send the legal notice to the newspaper. The Planning Office will notify
the abutters.
PROJECT REVIEW FEES
Preliminary plan, modification of a Preliminary Plan, Modification of a Definitive
Plan, or Modification of a Special Permit shall require the following initial Project
Review Fee:
Project Size Fee
2-15 lots/units $2,000
16-20 lots/units $3,000
21-25 lots/units $4,250
More than.25 lots/units $5,000
Definitive Plan shall require the following initial Project Review Fee:
Project Size Fee
2-15 lots/units $4,000
16-20 lots/units $6,000
21-25 lots/units $10,000
More than 25 lots/units $12,000
Special Permit shall require the following initial Project Review Fees:
Project Size Fee
Less than 10,000 square feet $2,000
10,000-30,000 square feet $3,000
30,000-50,000 square feet $4,000
More than 50,000 square feet $5,000
Depending on the complexity of issues presented, additional fees may be required
Special Permit Applications -- Supporting Inform
M.
North Andover Business Center FFB 2 1 2100)
Map 74 Lot 1-B, 500 Sutton Street
Lighthouse Realty Trust, Applicant NMI M ANOOVI-41
The following is a description of the existing property, the proposed project, and the
specific requirements to be met for issuance of the Special Permit:
E xistinu Property
The existing site is located in the Industrial-2 (I-2)District at the Airport Access Road on
Sutton Street(see locus plan) within a proposed lease area of approximately 2.6 acres.
The site is currently vacant land designated for non-aviation use (refer to attached
I Ixl7Airport Facilities Plan for orientation). No wetland resources or related buffers or
ILSF exist at the site (attached is the recent Conservation Commission decision). Refer
to the Existing Conditions Plan and the Drainage Study for a more-detailed description of
the site.
Proiect Description-
This application presents the North Andover Business Center project. It consists of a
30,800-SF mixed-use building and related site improvements and landscaping, and will
be served by municipal water and tied to the sanitary sewer system. The building design
consists of thirteen units and will flexibly support the allowed uses in the District,
including office and distribution. Each unit will have a main entrance door at the front
facility sidewalk, and include high-bay space (which allows for a flexible fit-up design
for each unit occupant) with optional roll-up door and standard door at the rear. For a
complete description of the project details, please refer to the attached plans.
NAZB Section 8.3 6 Site Plan Review--Review Criteria 1 Design Guidelines
i) General
a. Conformance with appropriate Zoning Bylaws:
The proposed use is allowed by right in the I-2 District, and conforms to
the applicable dimensional criteria. A Special Permit for the project was
granted this month by the Board of Appeals (non-conforming existing
airport property, draft Notice of Decision attached). The property is also
Lighthouse Realty Trust - Special Permit Applications
Page 2 of 12
partially located within the Watershed Protection District General (Outer)
Zone, and the Plans annotate the allowable use limitations for the portion
of the site within that overlay area. The Site Plan includes notes specific
to zoning conformance.
b. Protection of abutting properties from detrimental site characteristics:
No detrimental site characteristics are proposed (see discussions below).
The project includes substantial landscaping along the Airport Access
Road as a beautification project which the Town will enjoy. The abutting
properties immediately adjacent to the site are across the streets and
commercial in nature, and the few abutters that are residential are set back
substantially from the actual site.
ii) Environmental
a. Protection of unique or important natural, historic or scenic features.
All of the proposed work is located on the existing pre-disturbed area
along the Airport Access Road. No unique or important natural, historic,
or scenic features are known to exist on the site.
b. Refuse disposal
The proposed site design includes two small dumpster pads with wood
stockade enclosures/gates and supplementary perimeter landscaping,
located on both ends of the building at the rear of the site.
C. Sewer and water utilities
The project will connect to the existing adjacent sewer and water services.
Sewer will be gravity piped to an existing manhole on the airport property.
The sewer design will accommodate the potential future connection for an
adjacent use to the rear of the site by the provision of a manhole and stub
along the lease area(see plan). Water will be via a new extension to the
existing airport main, and include provisions for extensions beyond the
lease area for future adjacent users. Sufficient capacity exists for these
utilities. The water connections will include provisions for sprinkling the
building, and a new fire hydrant will be located on the site. These utilities
have been coordinated with the NAFD and DPW.
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d. Drainage design
Refer to the Drainage Study, Grading&Drainage Plan, and Details. The
site will utilize roof drain infiltration systems for groundwater recharge,
deep sump catch basins and both underground and surface detention
basins. The general existing drainage flow patterns will be retained.
Emergency overflow discharges are designed into the existing airport and
roadway collection systems, and the peak discharge rate for the proposed
conditions will not exceed the existing conditions as required. Refer to the
Drainage Study for additional detail.
e. Landscape design
Refer to the Landscape Plan, which includes a dense planting plan for all
parking lot and perimeter building areas, including the detention pond
perimeter. This project includes landscaping the existing Airport Entrance
Access Drive as a beautification project, which will enhance visitor's
access/egress to the airport terminal.
f Erosion control design
The erosion control systems design is described in detail in the Drainage
Study, and includes the plans and details. All proposed grades will be
appropriately stabilized both during and after construction. A system of
silt fencing will be placed along the full perimeter of the work zone to
provide both erosion control and protection of the offsite areas.
g. Lighting design
The site lighting was specifically designed for the project, and includes
photometric data in the plan details. Note that relatively small poles and
fixtures are specified along the front of the site.
h. Noise/Dust/SmokeNibration
The proposed use will not produce (and does not allow by the Zoning
Bylaws) any excessive long-term noise, dust, smoke, or vibration
pollution.
iii) Building Design
a. Location/ Setbacks to parking& landscaping, access
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The site plan shows the proposed building setbacks,which are all greater
than the minimum required, The building geometry is designed to parallel
the existing radial boulevard curve, which will also be reflected in the
curved parking and access aisle along the site frontage. This allows for
efficient use of airport property, accentuates the radial site theme, and
allows for a varied depth of landscaped areas near the building. The site
design is intended to anchor the visual experience along the boulevard
exterior and lead the eye to the terminal building as the traditional hub of
the airport. Double-barreled parking has been avoided along the site
frontage to reduce the quantity of vehicles at this area. The layout and
setbacks meet the zoning requirements.
b. Harmony/ Style
The architecture/Style is in Harmony w/ the context of the area
surrounding the site and leading up to the airport terminal facility. The
existing context is primarily one story, flat roof, industrial type buildings,
w/ masonry, stucco and/or metal facades, giving the perception of a
manufacturing/warehouse type industry that has the potential for direct
airport access.
The site is located in the Industrial-2 District on Airport property.
Existing buildings at the airport vary somewhat in style, due to its long
history of improvements, albeit most of the existing infrastructure is
utilitarian in nature. Directly across the way are the existing hangar
buildings and related support facilities. The terminal building is single-
level and also functional in nature, with no overt stylistic elements, other
than being a small terminal building built in the functional period of that
era.. The North Andover business center maintains this harmony, and goes
further to incorporate higher-cost building materials so that it serves as a
transition from the purely functional nature of the airport buildings to the
more elaborate buildings located at the airport perimeter.
C. Screening
The dumpsters will be appropriately screened with stockade enclosures
and landscaping. Any rooftop equipment will be located and oriented to
avoid significant visual impacts. No raised loading docks or additional
utility buildings are proposed. The proposed boulevard landscaping will
tend to soften the overall view of the site.
d. Utilities
All utilities will be placed underground as shown on the plan.
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e. Scale/Massing/Detailing compatibility
The scale of the building is consistent with that of the surrounding
industrial type buildings. It is less than 30 ft in height and the length of it
is broken up into 3 sections to help maintain a scale more consistent w/the
surrounding buildings. The windows have been oriented and broken up in
a manner to enhance this scale and at the same time giving the building a
decorative character. The exposed masonry has also taken on a decorative
nature. Rather than simply using the standard gray"block"that is
common in many industrial buildings, the owner has decided to allow the
architect to upgrade the facade by using colored, decorative masonry to
define patterns on the facade that enhance the scale and appearance of the
building. A unique shadow pattern is created by the use of split rib, split
face and single score concrete block. The colored awning acts as a subtle
accent to the overall complex and provides a point of attention for each
tenant entrance.
iv) Traffic/Parking
a. Minimize curb-cuts
No new curb-cuts onto public roads are proposed. The site will be
accessed from the existing Airport Access Drive at Sutton Street.
b. Access Links as Appropriate
The proposed drive entrances flank each end of the project at the Airport
Entrance Drive. This enables excellent two-way traffic circulation within
the site as well as proper access and egress.
c. Driveways—Opposite
There are no existing or proposed driveways opposite the site that could
benefit from an opposing alignment for this project. New and
reconfigured openings in the existing Airport Access Drive Boulevard are
appropriately provided,which will improve safe access and circulation to
the existing parking area at the Drive.
d. Joint Access Drives
It is not feasible to provide joint access from this site to abutting areas due
to airport security, grade differentials, and proper master planning at this
area. The northerly parking area, however, has been designed to
Lighthouse Realty Trust- Special Permit Applications
Page b of 12
potentially accommodate a future parking expansion with the existing
terminal parking area if needed.
e. Circulation/Safety
Access and egress for the site is excellent, and includes safe sight distance
and pavement geometry. Ample maneuvering room is provided around
the entire building perimeter for WB-50 trucks (see detail plans). The
design has been reviewed with the Fire and Police Departments in terms of
emergency access, and life safety(see letters/memos attached).
S ecific SPCA Findings To Be Met for both Site Plan and Watershed Protection
District A lications :
Note that these findings were acknowledged by the ZBA in their recent Special Permit
Approval.
a. The specific site is an appropriate location for such a use.
This site is located along the Airport Entrance Drive at Sutton Street. The
proposed use is allowed and intended in the 1-2 Zoning District, and is also
allowed in the Watershed Overlay District. This site is unique and special in that
it serves as the transition area between the airport function and the Town
businesses—The North Andover Business Center is specifically designed to
provide a range of commercial establishments which would service a variety of
needs. The existing site is well-suited for the use in terms of flat topography,
availability of municipal utilities, good soil conditions, and siting along the
existing Airport Entrance Access Drive.
b. The use as developed will not adversely affect the neighborhood.
The 1-2 District potentially allows an extensive heavy industrial use, which could
potentially include heavy trucking, manufacturing, large imposing unattractive
buildings, and masses of pavement. However, this proposed project is much
different from that, and is instead a smaller-scale and less-intrusive proposal
consisting of a mixture of commercial, office, and small-scale warehouse
supporting use. The proposed site will be properly and responsibly developed.
The proposed building architecture includes appropriate use of materials,
including attractive storefront treatments, and a gently curved roof overhang
which will bring the overall massing into proper prospective. The loading areas
are all placed to the rear of the building, and the front parking area is only one
space deep and flanked by landscaping.
Lighthouse Realty Trust - Special Permit Applications
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C. There will be no nuisance or serious hazard to vehicles or pedestrians.
The site drives are responsibly planned off the Airport Access Drive, which is an
existing boulevard. The boulevard will be modified to accommodate the site
entrance drives, including extension of the center grass strip to protect existing
abutting parking areas at the airport. Two-way circulation completely around the
site will enable efficient traffic flow, enhanced emergency access, and eliminate
dead-end parking. Additional space is provided for loading areas to the rear,
which are separated from the customer parking areas to the front of the site. The
site includes fall sidewalks around the building and parking areas.
d. Adequate/Appropriate facilities are provided for the proper operation of the
proposed use.
Refer to the Site Plan, including notes, which identify the required facilities,
including parking, loading, utilities, etc. Storm water facilities will include
complete roof water recharge and detention basin in accordance with the Bylaws.
e. The use is in harmony with the general purpose and intent of this Bylaw.
The proposed use meets the purpose and intent of the Bylaw, and will blend,well
with the surrounding uses. The proposed site and building plans meet the
development criteria, and the zoning would allow for a much more intensive
industrial use than that is proposed. In summary, the proposed project is
appropriately planned and will be a needed and attractive addition to the Town of
North Andover community.
-- The proposed flexible use is the most appropriate use of the land, due to
the site size, location, and buildable geometry.
-- There is a healthy demand for mixed use space (including office) in North
Andover, especially nearer to downtown.
-- The proposed project will not result in the overcrowding of the land, given
the existing master-planned non-aviation use designation for this area.
-- The project satisfies the number of parking spaces required by the:NAZB,
and will not negatively impact traffic congestion on or about the site.
-- The design intent and layout is to compliment the existing uses on the site
while meeting FAA requirements.
-- The project incorporates the feedback concerns of the NAFD in respect to
life safety systems, sprinklers, hydrants, and emergency access.
-- The proposed utilities will not place a burden on the Town's
infrastructure.
-- The project will include landscape beautification of the existing Airport
Access Drive.
-- The project does not include residential use which would increase public
school enrollments, and will not generate a burden to any Town services.
Lighthouse Realty Trust - Special Permit Applications
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For the reasons summarized above,the proposed project is clearly in harmony with the
purpose and intent of the North Andover Zoning Bylaw.
Additional conditions and safeguards proposed to protect the neighborhood:
a. Requirements of front, side, or rear yards greater than the minimum required by
this Bylaw.
Required setbacks are met---refer to the Site Plan and Notes.
b. Requirements of screening parking areas or other parts of the premises from
adjoining premises or from the street,by walls, fences,planting, or other devices;
Required screening areas are met--- refer to Site Plan and Notes summarizing
these requirements.
c. Modification of the exterior features or appearances of the structure;
Refer to the architectural plans and elevations the proposed design is
appropriate and includes additional expense in material upgrades, "storefront"
elements, building wall jogs, etc.
d. Limitation of size, number of occupants, method or time of operation, or extent of
facilities;
Refer to Site Plan Notes for these specific limitations as required by the Bylaws.
e. Regulation of number, design and location of access drives or other traffic
features;
Only two drives are proposed onto the existing boulevard at opposite ends of the
site—these are specifically designed for safe and efficient traffic circulation. All
aisle areas are two-way. Customer parking is located in the front and away from
any rear loading activities. No curb-cuts are proposed onto Town Rights of
Ways. The drives and related traffic features have been carefully planned to
provide efficient operation and also yield an attractive site.
L
E.
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Traffic
Refer to the Traffic Study specifically prepared for this project, which finds that the
project will not produce a significant detrimental traffic impact and our plan incorporates
the recommendations in the Traffic Study which were reviewed and endorse by the North
Andover Police Dept.
Fiscal and Community Impact Statement
Refer to the Fiscal and Community Impact memorandum prepared by the applicant,
which concludes that the project will be a valued addition to the Town's nonresidential
tax base and provide much needed high-quality flexible space for all allowed uses in the
District, including office use.
Report Summary
We believe that the plans and supporting information are in keeping with the spirit and
intent of the North Andover Zoning Bylaw, and are in the best interest of the district and
the Town of North Andover. For these reasons, we respectfully request that the Planning
Board issue a Site Plan Review Special Permit Approval and a Watershed Protection
District Special Permit for the proposed project.
General Requirements to be Met for Obtaining a Watershed Protection District
Special Permit
1. Encouraging the most appropriate use of land;
The proposed project is located within the master-planned non-aviation use portion
of the Airport property located in the Industrial-2 District, and meets the spirit and
intent of the Bylaw.
2. Preventing overcrowding of land;
The project benefits from access and utilities infrastructure pre-planned for
development of this site in the Industrial District, in which development is
encouraged to benefit the Town.
3. Conserving the value of land and buildings;
The value of land and buildings on and around the North Andover Business Center
will certainly be conserved (and increased), due to the quality of the site
development and the quality of building materials proposed, as well as the Center's
contribution to the general and specific business and industry needs of the Town and
community.
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4. Lessening congestion of traffic;
,
Refer to the Traffic Study specifically prepared for this project. Additionally, the
North Andover Business Center will provide needed office/mixed use space at the
location, with the potential of serving these needs generated in conjunction and in
harmony with the Airport use, thus potentially retaining this traffic activity on site
and thereby reducing traffic off site that would normally traverse the public roads in
linking these activities.
S. Preventing undue concentration of population;
This project is nonresidential. All floor space is on one single level at grade with
perimeter access/egress. No gathering facilities are included in this project. The
building is designed to support office use as the highest density use and most likely
will include low density warehouse/distribution areas.
b. Providing adequate light and air;
The proposed use will not generate any noxious fumes, odors, or smoke. The
proposed building height is approximately 1/2 of what is allowed. The building
design includes a substantial allocation of window glass to encourage natural light
into the workplace.
7. Reducing the hazards from fire and other danger;
The building will include life safety systems as required by code, including sprinkler
and alarm systems. Refer to NAFD review letter.
8. Assisting in the economical provision of transportation, water, sewage, schools,
parks,and other public facilities;
The North Andover Business Center will generate a substantial property tax and
utilities service fees and other revenues to the Town, which fund and support these
public facilities.
9. Controlling the use of bodies of water, including watercourses;
Not applicable—no bodies of water or watercourses are affected by the project.
i.
Lighthouse Realty Trust - Special Permit Applications
Page 11 of 12
10. Reducing the probability of losses resulting from floods;
Not applicable—the site is not located within the Flood Zone, nor does it contribute
any increased peak runoff rates to surrounding properties—refer to the Drainage
Study.
11. Reserving and increasing the amenities of the Town;
The North Andover Business Center will provide additional needed mixed use space
in Town. It will generate a substantial amount of tax revenues to the Town which
supports funding of various existing and new Town amenities.
SPECIFIC REQUIREMENTS TO BE MET FOR OBTAINING A WATERSHED
SPECIAL PERMIT
1. Written certification by a Registered Professional Engineer, or other scientist educated
in and possessing extensive experience in the science of hydrology and hydrogeology,
stating that there will not be any significant degradation of the quality or quantity of
water in or entering Lake Cochichewiek.
Refer to the duly signed certification statement on Site Plan.
2. Proof that there is no reasonable alternative location outside the Non-Disturbance and/or
Non-Discharge Buffer Zones, whichever is applicable, for any discharge, structure, or
activity, associated with the proposed use to occur.
Not Applicable —This project is not located in the Non-Disturbance or Non-Discharge
Buffer Zones.
3. Evidence of approval by the Mass. Dept. of Environmental Protection of any industrial
waste water treatment or disposal system or any waste water treatment of system fifteen
thousand gallons per day capacity.
Not Applicable — This project does not include any proposed wastewater treatment or
disposal systems.
4. Evidence that all on-site operations including, but not limited to, construction, waste
water disposal, fertilizer applications and septic systems will not create concentrations of
Nitrogen in groundwater, greater than the Federal limit at the down gradient property
boundary.
No operations, construction, or fertilization activities on the site are untended to create
Nitrogen concentrations as specified above.
t
Lighthouse Realty Trust - Special Permit Applications
Page 12 of 12
5. Projections of down gradient concentrations of nitrogen, phosphorus and other relevant
chemicals at property boundaries and other locations deemed pertinent by the SPGA.
Again,no down gradient concentrations of these substances are intended to be generated
by the proposed project.
6. The SPGA may also require that supporting materials be prepared by other professionals
including, but not limited to, a registered architect, registered landscape architect,
registered land surveyor, registered sanitarian, biologist, geologist or hydrologist when
in its judgment the complexity of the proposed work warrants the relevant specified
expertise.
The project application includes supporting materials prepared by a registered
architect, registered landscape architect, registered land surveyor, wetland
scientist/biologist, and registered civil engineer.
Report Summa
We believe that the plans and supporting information are in keeping with the spirit and
intent of the North Andover Zoning Bylaw, and are in the best interest of the district and
the Town of North Andover. For these reasons,we respectfully request that the Planning
Board issue a Site Plan Review Special Permit Approval and a Watershed Protection
District Special Permit for the proposed project.
SENT BY." JIM AND KATHY CYRTER; 9786838681 ; FEB-20-03 2:44PM; PAGE 416
.:Lawrence -Munk pal Airport
492 SUTTpN STREET
NORTRANDOV�R,MA 01845
'(978)794 588Q
FAX(978)794-5961:.,
February 18, 2003
James Cyrier,Trustee
Lighthouse Realty Trust
109 Blue Ridge Road
North Andover, MA O1845
Re: North Andover Business Center, Lawrence Municipal Airport
Dear Mr, Cyrier:
1 am writing to confirm that the Lighthouse Realty Trust's conceptual plans and drawings
for the North Andover Business Center located at the Lawrence Municipal Airport have
been reviewed and approved by Charles Kolofoles, Lease Committee Chairman,
Lawrence Municipal Airport Commission. Furthermore, at its regularly scheduled
meeting held on December 12, 2002, the Airport Commission voted to grant a sixty-year
lease for your project.
Please be advised that although the preliminary plans for the development are approved,
the Lawrence Municipal Airport Commission reserves the right for final site plan review
of the proj ect.
Should you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
Michael P. Miller
Airport Manager
CC: File
Airport Commission
�la r• ��A I�Yy DIY Yn •w4^ /� �'"�'✓'"� ',,
'116-!I ANN.- ! i*r IwN111i�
� fir- ww ^ �w�w► �w
D E P A R T M E N T
MEMORANDUM
TO: Robert Nicetta, Building Inspector
FROM: Lt. John Carney
DATE: January 27, 2003
SUBJECT: North Andover Business Center, 500 Sutton Street
CC: Richard M. Stanley, Chief of Police
Lighthouse Realty Trust
I have reviewed the Traffic Impact and Access Study prepared by Dermot J. Kelly
Associates, Inc. concerning the proposed North Andover Business Center. The mitigation
measures(listed on page 3 of the report) address all the concerns of the Police
Department.
Increased signs and markings as well as landscaping that will improve the sight
line to the north should improve safety at this intersection. The report further indicates a
commitment on the part of the developer to implement these improvements.
Please forward this memo to the appropriate boards as necessary.
SENT BY: JIM AND KATHY CYRIER; 9786838581 ; FEB-20-03 2:45PM; PAGE 6/6
REGF IV C3: 2/ B/03 1 :40PM; ->JIM AND KATHY CYRISR; #B69; PAGF �
P 03
Feb--05-03 11 : 2.2 . ag,L 1 VA, ■
NICetta, RObert
From, 'Melnikas, Lt. Andrew
Sent: Friday, January 31, 2003 3*36 PM
To: McfMa, Robert
Cc: Wain, Chief Vlrlliam
Subject; North Andover SusineSS Center
Dear Bob;
I met with the represerrlatives of this project. I told them that they will need fire alarm and a sprinkler
system in the building , master oonneded to the fire department. In addition , I asked For an additlorml fire
hydrant a,ppmAmately In the rear romertawer is the airport iovw. Let me know If you have any questions.
Andy
I `
ZO03 �)
t�OAI;D OF APPEALS
SENT BY: -JIM AND KATHY CYRIER; 9786838581 ; FEB-20-03 2:43PM; PAGE 2
Town of North Andover ,,osr►,
Office of the Zoning Board of Appeals o - °A
Community Development and Services Division 41 w
27 Charles Street "► ,K ,:., ti
North Andover, Massachusetts U1845 �sAr„us A
D. Robert Nicetta Telephone(978)688-9541
Budd ing C onimhuioner 1<ax(978)688-9542
Any appeal shall be filed Notice of Decision
within(20)days after the Year 2003
date of filing of this notice
in the office of the Town Clerk. P=M at: for pTeuiises at: 500 Sutton Street
NAME, Lighthouse Realty Trust, 109 Blue Midge Rd, 1 HEARING(S): 2111/03
N. Andover James Cyrier,Trustee
ADDRESS: 500 Sutton Street PETITION: 2003-002
North Andover,MA 01845 TYPING DATE,: February 18,2003
The Noi11i Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,
2003 at 7:30 PM upon the application of Lighthouse Realty Trust, 109 Blue Midge Road, James
Cyrier,Trustee for premises at:500 Sutton Street,North Andover requesting a Special Permit
from Section 9,Paragraph 9.1 (Non-Conforming Uses)in order to modify the Board of Appeals
decision 2002-045 allowing the construction of a proposed mixed commercial/office building on a
non-conforming lot(Lawrence Municipal Airport)by increasing the lot area and decTeasing the
building area. The said premise affected is property with frontage on the North side of Sutton
Street within the Industrial 2(I-2)zoning district.
The following members were present; Walter R Soule,Robert P.Ford, Ellen P. McIntyre, and
George M.Earley, John M.Pallonne recused himself
Upon a motion made by George M.Earley and 20°by Robert P.Ford,the Board voted to GRANT
the Special Permit from Section 9,Paragraph 9.1 to allow for modification of the Board of
Appeals decision 2002-045 in order to construct a mixed commercial/office building on a non-
conforming lot(Lawrence Municipal Airport)by increasing the lot area to 114,158 sq. ft.and
decreasing the building area to 30,800 sq. ft. in order to accommodate 114 parking spaces,
increasing the number of parking spaces by 32, in case the building is occupied by all offices, per
North Andover Business Center,Assessors Map 74,Lot I-B,500 Sutton Street,North Andover,
Massachusetts 01845 Prepared for:Lighthouse Realty Trust, 109 Blue Ridge Road,North
Andover,Massachusetts,01845 jby]MHF Design Consultants,Inc. 103 Stiles Road, Suite One,
Salem,New B mpshiare 03079 sheets 1-9,dated 12/4/02,revised 12/11/02 and 1/02/03 on the
condition that there will be no parking allowed in front of roll-up doors. The Board accepts the
applicant's offer to landscape the median and both sides of the access road,in accordance with
Planning Board requirements. Voting in favor:Walter F.Soule,Robert P.Ford,Ellen P.
McIntyre,and George M. Earley,
The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 of the
zoning bylaw and that such change, extension or alteration shall not be substantially more
detrimental than the existing structure to the neighborhood,
Pagel of 2
Board ofAppeals 688-9541 Building 688-9545 Conservation 688-9330 Health 688-9540 Planting 688-9535
1
SENT BY,' JIM AND KATHY CYRIER; 9786838581 ; FEB-20-03 2:44PM; PAGE 316
Town of North Andover
�+ o
Office of the Zoning Board of Appeals ;
Community Development and Services Division
jo
27 Charlcs Street
North Andover,Massachusetts 01845. ��swe►eus�
D. Robert Nioetta Telephone(978)688-9541
Fax(978)688-9542
Building Commissioner
Furthermore,if therights authorized by the Variance are not exercised within one(1)year of the
date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing.
Furthermore,if Special Permit granted under the provisions contained Herein shall be deemed to
have lapsed after a two(2)year period from the date on which the Special Permit was granted
unless substantial use or construction has commenced, it shall lapse and may be re-established
only after notice,and a new hearing.
Town of North Andover
Board of Appeals, /!
WRWalter F.Soule,Vice Chairman
Decision 2003-002
Page 2 of 2
Bpard of Appctdl, 6658-954I BW)ding 68H-9545 Conservation 689.9530 ITealth M-9540 Phmning 688.9535
SENT BY: 1JIM AND KATHY OYRLEH; y/tsp�s�noai � rco-cu u c .-r-r+ +rig nun u+ . I
+
Town of North ,A,ndoverr, Zoning Board of Apneals
rarties of interest 1 Abutteis Listin
REQUIREMENT: MGL 40A, Section 11 states in part"parties in Interest as used in this
chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to abutters within three hundred (300)feet of the
property line of the petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located"in another city or town,the
planning board of the city or town, and the planning board of every abutting city or
town."
Applicant's property, lust by map, parcel,name and address (please print clearly
and use black ink.)
MAP PARCEL NAME ADDRESS .
75-1-B CTY OF LAWRE CE 492 SUrMN ST.
T O MMISS1ON WR-TH ANDO 01845
ABUTTERS PROPERTIES
MAY PARCEL NAME ADDRESS
74-5 JOHN EMBIRA 980 OSGOOD SIRE .r
North Andover, MA 01845
35-50 CM ASSOCIATES 39 BCk4It7N ROAD
WARA HILL, MA 01835
74- - 4 B & SHEIIAA L. - LMW BUIMING CU=MINIU[Ml
LAMERS TRUSTEES 1000 oSGOOD SI`. , N. ANDC)VER 0184E
74-6-2 UNIT 2 DENKS V. DRINKWATER 13 OLD SALEM PATH
MAGQOLTA, MA 01930
74--23 KNNIGHTS OF ODLUMBUS__--- 505 SUTIX)N STREET
ASSOCIATIONf INC. NORTH ANDOVER, MA 01845
74-24 J05EPH J. L. MARTIN 477 SUITON STREET
NORTH ANDOVER, mA 01845
74-fl3 RICHARD YEE TRUSTEE_--
CHINA BLOSSOM BEMTY TRUST NORTH ANIX}VER, MA 018A5
35--23 TOWN OF i3 M ANDOVEE�__ 12,0- MAM RI'RE T --
NORTH ANDDVER, mA 01845
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY'
DATE
SIGNATURE PAGE OF
-- prrttfled bets 1 0�
B a of Assess ndWfiov
Galtified by Dste �b
Ba of Assessor rth Andov Boa Assess o Anc#ov r
ABUTTERS LIST
FOR
LIGHTHOUSE REALTY TRUST
AIRPORT ENTRANCE ROAD
N.ANDOVER,MA
MHF#138802
AS OF 2120103
MAP/LOT# NAME&ADDRESS
75-1-B(OWNER) CITY OF LAWRENCE AIRPORT COMMISSION
492 SUTTON STREET
NORTH ANDOVER,MA 01845
74-5 JOHN FERREIRA
980 OSGOOD STREET
NORTH ANDOVER,MA 01845
35-50 CYR ASSOCIATES
939 BOSTON ROAD
WARD HILL,MA 01835
74-6-2 UNITS 1,3,4 VINCENT B. &SHEILA L.LANDERS,TRUSTEES
LANDERS BUILDING CONDOMINIUM
1000 OSGOOD STREET
NORTH ANDOVER,MA 01845
74-6-2 UNIT 2 DENNIS V,DRINKWATER
13 OLD SALEM PATH
MAGNOLIA,MA 01930
74-23 KNIGHTS OF COLUMBUS ASSOCIATION,INC.
505 SUTTON STREET
NORTH ANDOVER,MA 01845
74-24 JOSEPH J.L.MARTIN
477 SUTTON STREET
NORTH ANDOVER,MA 01845
74-03 RICHARD YEE,TRUSTEE
CHINA BLOSSOM REALTY TRUST
946 OSGOOD STREET
NORTH ANDOVER,MA 01845
35-23 TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER,MA 01845
ENGINEER FRANK C.MONTEIRO,P.E.
MHF DESIGN CONSULTANTS,INC
103 STILES ROAD
SALEM,NH 03079
SURVEYOR CHRISTOPHER M.FRANCHER,L.L.S.
MHF DESIGN CONSULTANTS,INC
103 STILES ROAD
SALEM,NH 03079
i
i
MAP/LOT# NAME&ADDRESS
SOILS/RDA MIKE HOWARD
EPSILON ASSOCIATES
150 MAIN STREET
P.O.BOX 700
MAYNARD,MA 01754-0700
APPLICANT JIM CYRIER
LIGHTHOUSE REALTY TRUST
109 BLUE RIDGE ROAD
N. ANDOVER,MA 01845
ARCHITECT JOHN T.BRENNAN&ASSOCIATES
103 STILES ROAD, SUITE 202
SALEM,NH 03019
F:\Projects\Adruin\WORDDOC\ABUTT\1388021st.doe
V
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover Conservation Commission
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor
do not use the Lighthouse Realty Trust City of Lawrence -Airport Commission
return key. Name Name
109 Blue Ridge Road 492 Sutton Street
r� Mailing Address Maiffng Address
North Andover MA 01845 North Andover MA 01845
City/Town State Zip Code City/Town Stale Zip Code
r 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
-Request For Determination of Applicability September 13,
Title 2002
Existing Conditions Plan, prepared by MHF Design Consultants, Inc. September 2002
Title Date
Title Date
2. Date Request Filed:
August 2, 2002
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and trade the following
Determination.
Project Description (if applicable):
No work is proposed at this time nor have wetlands been identified or delineated on the site. The
request has been made to render a determination regarding the presence (or lack thereof) of wetland
resource areas subject to jurisdiction under the MA Wetlands Protection Act and The North Andover
Wetland Protection Bylaw. No resource areas subject to protection under the Massachusetts Wetlands
Protection Act or local Bylaw have been identified on the site.
Project Location:
Sutton Street North Andover
Street Address City/Town
_Map 75-78 Parcel 1
Assessors Map/Plat Number Parcel/Lot Number
wpaiormZdoo•rev.12/45/00 Page 1 015
Massachusetts Department of Environmental Protection I
Bureau of Resource Protection - Wetlands
Ll I WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c, 131, §40
i
B. Determination (cunt.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been
received from the issuing authority(i.e., Conservation Commission or the Department of
Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of intent.
❑ 2a, The boundary delineations of the following resource areas described on the referenced
plan(s) are confirmed as accurate.Therefore, the resource area boundaries confirmed in this
Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and
its regulations regarding such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plans) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act.Therefore, said work requires the filing of a
Notice of Intent.
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•rev.12115100 Page 2 of 5
t Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 -- Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s),which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c, for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area.Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpafosmMoc•rev.12JI51c0 Page 3 of 5
I
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 5. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered;�'
ollows:
El by hand delivery on by certified mail, return receipt requested on
id
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, .
bylaws, or regulations.
This Determination must signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate D ffice (see Appendix A) and the property owner(if different from the
ap)licant). i i Sig s:
/41
oh
Date
wpaform2.doc•rev.12/15/00 Page 4 of 5
LIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The
request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee
and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as
provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A
copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and to the applicant if he/she is not the appellant. The request shall state clearly and
concisely the objections to the Determination which is being appealed. To the extent that the
Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands
Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc•rev.12/15/00 Page 6 of 5