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Home My WebLink About1989-12-04 Correspondence II SPR �` w t // J r,- a rs . •f: 'v r. ' xf` .�. `�Y? • i✓/w ili,.. �.� f/r!!PM!/i//i�/!��i/rL�J�;.��INi n//rI f'•r - ANTHONY D COpFESf. Sc 0 /:<! - 1/!i• .�.r:/i.ii •J/t,./, ��rl,, :,'�� /�//•1//. �� _ Commitsioner 727•3194 September 5, 1980 Hardy, Hall and Grimes r 85 Central Street . . - �_ Waltham, MA 02154 Attention; Robert A. Grimes RE: IPSWICH - Subsurface. Sewage Disposal System - Title 5 - Tots 4 and 4A . Burrage Land Dear Mr. Grimes: The Metropolitan Boston-Northeast Regional Office of the- Department of,. Environmental Quality Engineering is .in receipt of your letter dated August •19, 1980 relative to-the subject site. In response to your question .relative to the sanitary waste generated--Afrom, a proposed dwelling located on one lot being disposed of to a subsurface disposal O system located on 'an adjacent lot, be advised as follows: „r"�."`•r"ter 1 . This method of dis osal is `k, G7 p permitted by the Department:provided.,�.�itheit.,,.-, . .a .perpetual :-easement or a-919- year lease is acquired-for, said"parFce'Vi ; of land where the disposal system will be located. .r ::` 2. The perpetual easement or lease must be duly redoidecd with the. Essex' County Registry of Deeds. !. 'The disposal system must comply with all the provisions of Title 5 y of,:the .Stat-e:«Environmental Code. 4. A "Disposal works Construction, Permit" must be obtained from- the =•r ' Ipswich.Board of. Health.-prior-to construction. If additional information is required, contact Mr. Thomas i. Clougherty"�a t ; 935-2160, extention 166. , 4 Very truly yours, For the Commissioner" William J. Hilaire ?` Acting Regional EnvironmentalEngineer Metropolitan Boston-Northeast 32eg,ion WJSH/Et Ec/lad Enclosure :"•': Tpswich Board of Health FORM L REFERRAL FORM Preliminary Plan -- Definitive Subdivision Special Permit Site Plan. Review Borth Andover, Massachusetts o7-e-) ate, 19 Sup` t/EIighway, Utilities & Operations__ r Director of Engineering & Administration lq ::: S -p e r v o-r�-cam . sue e t r � Fire Chief Conservation Commission 22 Inspector of Buildings Board of Health L Police Chief `�` >F=? _ ------_ Planning A Public Hearing has been scheduled forgiRp.m. an f to discuss these plans. (Preliminary plans do not5- need public hearings. ) ,May we have your comments and recommendations concerning these plans no later than Thank you, Planning Office FORM L REFERRAL FORM Preliminary Plan Definitive Subdivision Special Permit Site Plan. Review North Andover, Massachusetts is e a y 19, Sup' t/Highway, Utilities & Operations Director of Engineering & Administration Supervisor of Forestry & Grounds Fire Chief Conservation Cotimiission Inspector of Buildings Board of Health Police Chief Ll"Z� l Planning Board A Public Hearing has been scheduled for ®p.m. on �/E1f',� r� to discuss these plans. (Preliminary plans do not need public hearings .) May we have your comments and recommendations concerning these plans no later than '.thank you, r Qftgriry Planning Office LATHAM AND LATHAM, P.C. !- 643 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE 617 j KENNETH C. LATHAM O, BRADLEY LATHAM TELEPHONE: 944 OS05 DAVID J. LATHAM TELECOPIER: 944.7079 November 4, 1988 WILLIAM C. WAGNER KATHLEEN M. MITCHELL DENNIS P. CRONIN* "ALSO MEMBER OF FLORIDA BAR Scott Stocking Town Planner Planning and Community Development 120 Main Street North Andover, Massachusetts 01845 RE: SITE PLAN REVIEW - RIPARIAN REALTY TRUST BERRY STREET/SALEM TURNPIKE _ Dear Mr. Stocking: At the Technical Review Meeting held on October 26, 1988 , you requested a legal opinion regarding the dimensional requirements to be applied to the captioned parcels. As you know, development rights for industrial use of these parcels derives from Massachusetts General Laws C.411 section 81P and C. 40A. section 6 (formerly section 7A) . In applying specific dimensional controls to these development rights, there are two (2) Massachusetts cases which have discussed these issues. In Bellows Farms Inc. v. Buildin Inspector of Acton, 364 Mass. 253 , 303 N.E. 2d 728 (1973) the court held that a recorded plan did not protect against the application of dimensional and density requirements to land shown in the plan, at least where such requirements "do not constitute or otherwise amount to a total or virtual prohibition of the use of the locus for" a purpose permitted at the time of submission of the plan. This principle was further considered in the case of Perry v. Building Inspector of Nantucket, 350 N.E. 2d 733 (1976) where the Appeals Court stated: I, 1 LATHAM AND LATHAM, P.C. PAGE TWO Scott Stocking Town Planner I November 4 , 1988 . . .We hold, instead, that in applying the principle of the Bellows Farms case to a use permitted in a zone solely through the protection of the second. paragraph of §7A, (now C. 40A, § 6] a reasonable accommodation must be made, applying either the intensity regulations applicable to a related use within the zone or, alternatively, applying the intensity regulations which would apply to the protected use in a zone where that use is permitted. This latter alternative of utilizing the dimensional controls of an industrial zone have been the focus of the plan preparation of these particular parcels. In light of the fact that the adjacent parcel has been developed as an industrial use (Elm Square) it appears that this is the most, logical approach. If you have any questions, or concerns, please do not hesitate to contact me. I look forward to continuing the Technical Review Meeting on November 9, 1988 . Very truly yours, LA HAM AND LATHAM A, P-C. f Dennis P. Cronin DPC: il CC: William R. Bergeron Hayes Engineering, Inc. 603 Salem Street Wakefield, Massachusetts 01880 Kevin C. Greus Rivers Development Corporation 24 Gould Street Reading, Massachusetts 01867 HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 NOA-0035 (617) 246-2800 REFER TO FILE w FAX # 617-246-7596 November 8, 1988 Mr. Joseph D'Angelo, P.E. Acting District Highway Engineer District 5 485 Maple Street Danvers, MA 01923 RE; Riparian Industrial Park North Andover, MA - Dear Sirs In accordance with the request of Mr. Scott A. Stocking, Town Planner in North Andover, we are providing you with ' a copy of the proposed Riparian Industrial Park Site Plan, as well as a Traffic Study, dated September 1988, for your use and comment. It is understood that an official filing will be required to construct the new driveway access with the proposed acceleration and deceleration lanes, after more definitive information has been developed with the Town of North Andover through the site plan review process. We welcome any input that you may have at this time. Thank you in advance for your assistance on this matter, and please feel free to call if you have any questions. Very truly yours, a4- 401 William R. Bergeron, P.'E. Project Engineer WRB/dab Enclosures of Nantw i ) 1 r OFFICES OF: Town of 120 Main Street � . .. °, North Andover APPEALS NORTH ANDOV ER. Massachusetts 01845 BUILDING CONSERv rION CH DIVISION DIVISION OF (508)682-6483 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H,P, NELSON, DIRECTOR MEMORANDUM TO: Bob Nicetta, Building Inspector FROM: Scott A. Stocking,_,e� i Planner DATE : November 18, 1988 RE: Zoning Interpretation of Section 4 . 131 ( 3) The Planning Board is currently reviewing a site plan for Riparian Realty Trust for 96 ,000 sq. ft. office/industrial project located at Berry Street and Route 114 . During our initial public hearing on the application on November 17 , 1988, a discussion took place regarding the requirements of the above cited section of the Zoning Bylaw and the resulting parking demand. The reason this issue is so critical is due to the speculative nature of the buildings to be constructed without any known tenants . The Town must then utilize the "highest possible use" of the buildings as allowed in the Zoning Bylaw. Section 4 . 131 ( 3) states that 10% of the gross floor area of the principal use may be utilized for .retail and food uses . I have stated that this allows the applicant in an I-1 Zoning District to rent up to 10% ( or 9 , 600 sq. ft. ) of the structure as a restaurant. There is disagreement on this point by some members of the Planning Board and the applicant. Please supply the Board as the zoning Hnforcement officer, your interpretation of Section 4 . 131 ( 3 ) . Thanks. 04 pOn r �? Town o ►zo NISI„Streel OFFICES OF: o North Andover APPEALS NORTH ANDOV"ER Massachusetts o I84s BUILDING CONSERVAXION DIVISIE)N OF (5q8)682 G4133 HEALTH PLANNING PLANNING & COMMUNI`1`Y llLVELOPMGN-r KAREN H.P. NELSON, DIRECTOR November 21 , 1988 Mr. John R. Rivers, Trustee Riparian Realty Trust 24 Gould Street Reading, MA 01867 Re : Riparian Realty Trust site Plan Review Dear Mr. Rivers Please be advised that the Planning Board during their November 17 , 1988 meeting opened the public hearing for the above cited project and voted to extend the public hearing until. December 15 , 1988 . The Board finds that the following issues and information need to be addressed during the December 15th meeting; 1 . Parking Requirements . Input from the Building Inspector on Section 4 . 131 ( 3 ) is expected in this matter. 2 . Dimensional, regulations of the VR Zoning District as it applies to this project. Issues : The form A Plans do not grandfather dimensional regulations found in the Zoning Bylaw, and the impact on the site plan submitted before the Town. 3, Input from the state D . P.W. re : traffic improvements on-site and off--site as required under MRPA Review. Suggest you withhold filing the MRPA Review until the Board has reached consensus on final size of building, parking and driveway locations . (Staff will recommend holding the public hearing open until a full MEPA filing is made to the State and input is received regarding that filing by the State D. P . W. ) . 4 . Drainage .issues re : a) retention/detention needed? b ) impact on wetlands, c ) detailed review by D. P . W . of calculations and methods, d) possible hydrology study for 'the entire drainage basin . y Page 2 : 5 . Input from NACC regarding drainage , wetland crossing and buffer areas around resource areas. 6 . Driveway design to connect the Berry Street lot with the Route 114 lot. Issue : Advantages/Disadvantages regarding this design . 7 . Roadway improvements on Berry Street re : Roadway widening, intersection improvement at Berry Street/Route 114 . 8 . Landscaped screen adjacent to residential areas and roadways. Detail design needed to insure sufficient screening of the project. 9 . Pinalize Fire Hydrant locations. 10 . Please summarize the findings of the two traffic impact studies for Board review ( 1 . ) Berry Street lot access to Berry Street only, ( 2 ) Driveway connections ) . 11 . Final placement of the no--cut line and tree protection device: to be utilized during construction. 12 . Tide V issues related to septic design. Input from DEQE requested by the Town. 13 . Final location of the dry sewer or agreement to connect to a future Route 114 sewer line . Input from D. P .W . needed. 14 . Final on--site lighting design to be approved by the Board. 15 . Final alinement of parking areas and access driveways. 16 . Provide evidence that Section 8. 4 of the zoning Bylaw is met by this application . 17 . Set of proposed building plans . 18. Additional side elevation of the building needed. 19 . Possible contribution to traffic light optic's system as requested by Police/Fire Department. 20. Final approval of the loading zone by the Board and Public Safety Departn►ents . Please contact my office by December 5th if you want to be placed on the agenda for the December 7th Technical Review Committee Meeting. If I can be of further assistance please call me . Sincerely, r Scott A. Stocking, , CP Town Planner F NOfITry GFFICi✓S OF: m Town of 120 Ntaln Street North Andover APPEALS ;o ,:, NORTH ANDOV ER BUILDING '�,'��:,a:•�.9 Massachusetts U 1845 CONSERVAI'ION ssA0tut;4 DIVISION OF {5()8)682 U483 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR December 19 , 1988 Mr. William Bergeron, P . E . Hayes Engineering 603 Salem Street Wakefield, MA 01880 Re : Riparian Industrial. Park Site Plan Review Dear Mr. Bergeron : During the Planning Boards review of the above cited project on December 15, 1988, please be advised that the following matters were decided by the Board: 1 . Parking : a. You should show on a site plan that you can accommodate the maximum amount of parking which would be required if the buildingSwere occupied by most intensive land uses allowed under zoning. b . Show parking which will actually be provided as determined by your proposal . The Board will condition the decision to allow only a fixed percentage of office and industrial uses for this project. 2 . Driveway: The Board in principal agreed that the driveway between Lots 1 and 2 were a good idea from a planning perspective , but requests additional input from the Conservation Commission regarding the crossing and its permissibilty under the Wetlands Protection Act and Town Bylaws . 3 . Septic Systems : The Board requeststhe easement documents to allow the system to be utilized by the building located on another lot of record. Detailed input on its design and adequacy under Title V from the Board of Health is also requested. 1 Page 2 : l 4 . Zoning Setbacks: The Board determined that your project must provide for the standards contained in Table 2, Footnote 3 of the Zoning. Bylaws re : 100 ' building setback 50 ' no disturb area , 5 . Drainage Stud : The Board concurs with D . P . W. and requests that a detailed hydrology study be conducted for the entire drainage watershed from the Berry Street pipe to the point where your project impacts the wetlands and related brook. 6 . Berry Street Improvements : The Board requests more information from both D. P . W. and your development team on the impact roadway widening will have on existing trees, stonewalls and your septic system. You should identify the location and size of the trees to be cut down by the road widening, the ,size of the existing and proposed right-of-way and the impact additional right-of--way will have upon your septic system. The Board is flexible in this area and might require intersection improvements at Route 114 and Berry Street to address traffic concerns rather than expand Berry Street . 7 . NACC Requirements : Request input from the Conservation Commission and your development team in attempting to meet the Commissions concerns related to this development. Changes should be made to the plans to address the Conservation Commission concerns . The Board has accepted your extension request until February 16 , 1989 and has continued your public hearing until February 2 , 1989 . If I can be of further assistance in this matter please contact me . . Sincer , Scott A. Stocking, ICP / jle Town Planner CC : Conservation Commission Board of Health D. P . W . HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 (617) 246-2800 REFER To FILE N NOA-0035 FAX # 617-246-7596 January 20, 1989 Conservation Commission Town of North Andover 120 North Main Street North Andover, MA 01845 RE: Lot 1 - Berry Street Lot 2 - Salem Turnpike Riparian Industrial Park Bear Commission Members : As a follow up to our meeting on January 18 , 1989 , I would like to take this opportunity to highlight the modifications that have been incorporated by the new plan. First, in the way of the overall site assessment, the total combined lot area consists of 14. 76 acres. The site is comprised of approximately 33% wetland resource areas , 33% impervious areas, and 33% open and landscape areas. The modification to the proposed ,stormwater management plan will result in the construction of four detention areas located in upland portions of the site. All .impervious flow from the driveways, parking areas and roofs will be directed to the detention areas. Roadway and parking lot surface drainage will be directed to catch basins equipped with sumps and gas traps prior to discharge to the detention areas. All parking areas and driveways will be installed with bituminous concrete curbing to insure that the flow will be directed to the basins. Flow from the detention basin will discharge to a buffer zone with a velocity-reducing rip rap section that will allow the discharge to filter into the adjacent wetland areas. Limits of grading have been shown on the plans which provide for a minimum of a ten--foot undisturbed zone between proposed grading and existing bordering vegetated wetlands in almost all locations. This limit will be staked with hay bales and filter fabric, and marked on the plan as the limit of work line. The extensive use of walls and rip rapped side slopes has been used to increase and expand the undisturbed buffer areas. The proposed driveway crossing in lot 2 is still shown on the plans , but has been modified to incorporate two bridge sections with a combined clear span of 39 feet. This will result in the loss of approximately 1,780 square feet of bordering vegetated wetland. A suggested replacement area adjacent to the area being filled is shown 5 ` North Andover Conservation Commission Riparian Industrial Park - Lots 1 and 2 January 20, 1989 on the plans , and consists of approximately 2,800 square feet. The bridge spans will create a shaded area of approximately 1, 248 square feet, but the existing wetland being crossed is presently heavily wooded and has limited sunlight penetration in the existing condition. The wide spans will allow virtually unrestricted surface water flows through the site, and will not interfere with existing wildlife corridors by providing free access for wildlife movements . The proposed project will benefit from this crossing from a planning and traffic flow standpoint in that the Route 114 access can be designed to provide the safest access point to the site. If the roadway crossing is not allowed, we have been informed by the Planning Board that Berry Street will most likely be required to be widened and upgraded. If this is the case, the existing stand of trees and stone walls which line Berry Street will have to be removed in order to provide for the additional width necessary to improve the road. If the crossing is allowed, the proponent will agree to construct and maintain, at all times, an emergency access driveway to Berry Street, but this access will be blocked for normal site generated traffic. Therefore, improvements to Berry Street will not be required. We understand that the above modifications will require a withdrawal of the previous Notice of Intent file numbers 242-478 and 242-479 , and that new Notices will be required with the supplemental information to allow a new public hearing. We request that the NACC review the revised plans on an informal basis to insure that items of concern are responded to in a manner acceptable to the Commission. Thank you in advance for your cooperation regarding this matter, and please feel free to call if I can be of any further assistance. Very truly yours, &Z'On-' Y L- William R. Bergeron, P.E. Project Engineer WRB/dab 1 OFFICES (]L�; �2oF Narsih^Mo0 Is,, 1 Town o11 , 120jVtc1M.StWf_.1 APPEALS � �` ' 1 ��.�� North Anclovel r BUILDING Afassrlr.ljiasc;tts ct184.�CONSERVATION °'j9�s DIVINK)NI (A. (508)682-6483 HEALTH PLANNING PLANNING & COMAIUNITY DEVELOPMENT KAR N 1 [.1'. NI:1.SUN, 1ALtL'-C; OR January 26 , 19B9 Mr. William Bergeron, P . E . Hayes. Engineers 603 Salem Street Wakefield, MA 01880 Re : Riparian Industrial Park Site Plan Review Dear Mr. Bergeron .- Thank you for attending tll�� `rep hui.ca.l. Review Committe(. meeting held on January 25 , 1989 . Upon of the latest plans dated January 23, 1989 , I have tile f'0110llIMI i;r1111S11�!11t S 1 . The Board needs ilipc_tt ()-olll r.he l.,olice and Lire departments regardincl the crate at the Berry Street etltrance. . 2 . Need il1puL froln the Cornmission regarding the current design of the site pla)i and its compliance to the Wetlands Protection A+.: 4 and Town Bylaws . 3 . Deed a written stat(2woi-it, l:eclarding the maximum parking standard and the prc,tso;e(j l> 11:kinct configuration . You need to prove that you call ptac! tic_ally provide for the maximum amount of l7._lrkincl L111i,,11 51cat.t.tc1 l)e al.l_ocred antler zoning . 4 . Need a copy of t 11 d0c;_alnents for the septic, systems . 5 , Need detail drrllna(le _i.siL0r_m�lti.otl for on-site and off--site conditions . G . Additional Zl.oncl the south side of the site as required )jy Table 2 I`ootnote 1 1 � Page w . 7 . Need a "not cut;" line clearly indicated on the landscaping plan . 8 . Please supply a proposed landscape material summary in the table, indicate thy} total number of trees supplied by species . 9 . Indicate hoer tho deranKon areas will be stablized . 10 . Remove the dompster from the front of Building 4 . Indicate how the dumpsners will be screened . 11 . Dill the loading area indicated west of Building 1 include loading doors and have adequate maneuverability . 12 . Indicate the type oL rile--rap to be used to stablize the slopes to the wetlands . 18 . Indicate the size and material to be used for the retaining walls indicated on the plans . 14 . Address the concerns of the Building Inspector re , Handicapped access . 15 . I question the maneuverability allowed for the parking area north of Building 2 . Access too tight and awkward . 16 . Using the traffic: study prepared by the applicant dated September 1989 stakes a total trip generation of 857 trips per day, for manuLacruring , service and warehouse facilities . Please supply the Planning Board with traffic generation figures which include the 10% retail use , as allowed by Zoning . The Board also needs the figures .for the current proposal which would place all traffic onto ROULQ 114 . We need the result of this change on " level of service" for the driveway and State Highway. Finally, the Board will need an extension for this project since the statutory deadline is February 17 , 1989 . Thank you for your time and effort in this matter. Sincere "Y Scott A. Stocking , A.. 'P Town Planner Q le CC: Bill Dolan, Fire Chief Dave Rand, Safety Officer Bill Hmurciak, U . P . W . Conservation Commission ill LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867 A'REf�, C 'rDE 617 KENNETH C. LATHAM r O. BRADLEY LATHAM TEL EPH N E 844 0505 DAVID J. LATHAM I � i TELECOF�,I9R; 944-7079 February 21, 1989 1 • WILLIAM C. WAGNER DENNIS P. CRONIN* 'ALSO MEMBER OF FLORIDA 8AR Ms. Karen H. P. Nelson Director Division of Planning and Community Development Town of North Andover 120 Main Street North Andover, Massachusetts 01845 RE: SITE PLAN REVIEW - RTE. 114 - RIPARIAN INDUSTRIAL PARK Dear Ms. Nelson: Pursuant to letter dated February 7 , 1989 from former Town Planner, Scott A. Stocking (copy enclosed) , I am writing to request that a further delay of the public hearing process be granted. Mr. Stocking' s letter advised the applicant that the next scheduled appearance was March 2 , 1989 . As discussed at the hearing on February 2 , 1989, the outstanding issues focus, to a large degree, upon considerable input from the North Andover Conservation Commission. The applicant had most recently met with NACC on February 1, 1989 . Since the last Planning Board meeting the applicant, with members of NACC and a representative of the DEQE, have inspected the site on February 10, 1989 relative to the Appeal of the amended Determination of Applicability. Hopefully, the issue will be fully resolved within the next week to ten days, following which a full Notice of Intent will be filed with the NACC. Based upon these facts it is unlikely that any meaningful progress will be made by placing this matter on the scheduled agenda for March 2 , 1989 . Therefore, I request that this matter be scheduled for the first meeting in April . LATHAM AND LATHAM, P.C. PAGE TWO Ms. Karen H. P. Nelson Director Division of Planning and Community Development February 21, 1989 Thank you in advance for your anticipated cooperation. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, ,LATHAM AND LATHAM, .P.C. Dennis P.-Cronin DPC: il Enclosures cc: William R. Bergeron, P.E. Hayes Engineering 603 Salem Street Wakefield, Massachusetts 01880 Kevin C. Greus c/o Rivers Development Corp. 24 Gould Street Reading, Massachusetts 01867 o µont"M �' Town of 120 Main Street OFFICES OF: o APPEALS �.o rr NORTH ANDOVER MassNorth Andover BUILDING '�+"'�11 �• * Massachusells 01845 CONSERVATION seAc""Oei DIVISION OF (508)682.8483 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON,'DIRECTOR ry -r� 'ebruar i 7 , 1989 5, Mr. William Bergeron, P . E . Hayes Engineers 603 Salem Street Wakefield, MA 01.880 Re : Riparian Industrial Parlc ~I Site Plan Review Dear Mr. Bergeron. Thank you for presentinct the above cued project to the Planning Board during their February 2 , 1989 meeting . The Board has voted to accept your extension request for this project until April 30, 1989 , with the next public hearing litfore the Board scheduled for March 2 , 1989 . This extension was accepted in order for your development team to file a new Notice of Intent and finalize the Towns requirements under the Wetlands Protection Act and Wetlands Bylaw. Upon review of your latest plan for this project dated 1/30/89 . Staff has the following comments : I . Landscaping Materials 1 . Landscape plan is not adequate . Needs to be prepared by a registered landscape architect. The following items need to be considered in a new landscaping plans : a. Total grass area in square feet. b. Need foundation plantings, suggest evergreen/deciduous mix. Need a detail plan . C . How do you plan to control roof runoff? d. All grass areas should be sod. { Page' 2. e . Instead of using junipers for screening the parking lot, use staggered rows of white pines and maples starting 15 ' from the roadway every 15 ' on center. f. Over by the Berry Street leaching field use a mix of white pines and rhododendrons. g. Details for the tree barriers is needed. indicate which trees will need the barriers and how the trees will be protected during construction. h. Parking islands; please indicate type of materials used to stablize the area. 2 . The applicant shall agree to present Form A plan which will eliminate the' lbi_Cline between Lots 1 and 2 . A letter agreeing to this must be received by my department prior to closing the public hearin7. 3 . The Board requests buildii`tg elevations for the structures along Berry Street. 4 . Rip-rap design - Details need. i . e . size of rock, slope and difference in grade for the wetlands and finish grade of the parking areas . 5 . Sign details for all signs placed upon the structures. 6 . Questions regarding if a 3 story parking garage is an accessory structure? Issue needs to be resolved, suggest you request a determination in writing from the Building Inspector. 7 . The Board requests an Order of Conditions from the Conservation Commission prior to closing the public hearing on this application . 8. Remove the dumpster located in front of Building 4 near Route 114 . Please indicate how the dumpsters will be screened . 360 degree screen is needed, suggest 6 ` high solid wood fence . 9 . Detailed drainage calculation must be submitted to D. P .W. prior to the close of the public hearing . 10 . Details of all retaining walls needed. Suggest concrete walls with stone faces . 11 . Parking area to the North of Building 2 needs to be redesigned to allow for proper maneuverability. 12 . What material will be used to stablize the retention areas? Page 3: I will be leaving for private practice in Vermont on February 17 , 1989 . After my departure , please feel free to contact Karen Nelson with any questions on this project. sincerely, Scott A. Stocking AIGP Town Planner / ile t c els v/ LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE W7 KENNETH C. LATHAM O. BRADLEY LATHAM Tf L.EPHOI fK: 944-0505 DAVID J. LATHAM TELECOP!E i 944.7079 March 20, 1989 �`' ,i III WILLIAM C. WAGNER it DENNIS P. CRONIN' 'ALSO MEMBER OF FLORIDA BAR - .l I Ms. Karen H. P. Nelson Director Division of Planning and Community Development Town of North Andover 120 Main Street North Andover, Massachusetts 01845 RE: SITE PLAN REVIEW - RIPARIAN REALTY PARK Dear Ms. Nelson: Thank you for rescheduling the original date of March 2 , 1989 for the continued public hearing on the captioned matter to April 6, 1989 . However, under present circumstances this date Inay be too ambitious. Therefore, I request that this matter be scheduled for April 27 , 1989 . This five week period will enable the applicant to coordinate with the Conservation Commission the revised Notice of Intent requirements based upon the recently issued decision of the DEQE. In addition, it is my understanding that the Planning Board file contains certain pieces of correspondence from the Building Inspector and the Board of Health. Please forward copies of these materials to my attention at your earliest convenience in order that all outstanding issues may be addressed by the applicant. Thank you in advance for your anticipated cooperation. Very truly yours, THAM AND LATHAM, P.C. M Delis151.1 C oni ro DPC: il cc: Kevin C. Greus William R. Bergeron Riparian Realty Trust Hayes Engineering Co. c/o Rivers Management Co. 603 Salem Street 24 Gould Street Wakefield, MA 01880 Reading, MA 01867 69 LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867 KENNETH C. LATHAM AREA CODE 617 O. BRADLEY LATHAM TELEPHONE: 944.0505 E DAVID J. LATHAM TELECOPIER: 944.7079 April 18, 1989 WILLIAM C. WAGNER DENNIS P. CRONIN' 'ALSO MEMBER OF FLORIDA BAR Ms. Karen H. P. Nelson Director Division of Planning and Community Development Town of North Andover 120 Main Street North Andover, Massachusetts 01845 RE: SITE PLAN REVIEW — RIPARIAN INDUSTRIAL PARK--BERRY STREET AND SALEM TURNPIKE Dear Ms. Nelson: Pursuant to my previous correspondence dated March 20, 1989 regarding the captioned project please be advised that I am requesting a further continuance of this matter to May 25, 1989 . This request is made due to an unavoidable delay in the preparation of engineering data to be submitted with the new Notices of Intent to the Conservation Commission. According to our current timetable the requested materials shall be submitted to the Conservation Commission on or before April 21, 1989 with discussion and review at the meeting of April 26, 1989 . Furthermore, please provide available time for inclusion in the Technical Review process for early May, in order that all. outstanding issues may be addressed by the applicant. Thank you in advance for your anticipated cooperation. Very truly yours, LATHAM AND` THAM, P.C. (, e nis P. O nin DPC: i1 t cc: Kevin C, Greus William R. Bergeron I 3 oLU.tl� lCPi1 LATHAM AND LATHAM, P.C. i 643 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE 617 KENNETH C. LATHAM O. BRADLEY LATHAM TELEPHONE: 94A-0505 DAVID J. LATHAM TELECOPIER: 944-7079 May 16, 1989 WILLIAM C. WAGNER DENNIS P. CRONIN' `ALSO MEMBER OF FLORIDA BAR Ms. Janet Eaton North Andover Planning Board Division of Planning and Community Development Town of North Andover 120 Main Street North Andover, Massachusetts 01845 RE: SITE PLAN REVIEW - RIPARIAN INDUSTRIAL PARK--BERRY STREET AND SALEM TURNPIKE Dear Ms. Eaton: This writing shall confirm our telphone conversation regarding the captioned project. Due to the Jack of a quorum, the meeting scheduled for May 25, 1989 has been cancelled. The applicant agrees and consents to being rescheduled to Thursday, June 8, 1989 , at a time to be confirmed once a full agenda has been set. In order that this available time may be used, please attempt to schedule a Technical Review Meeting for the late May or early June period. Thank you in advance for your anticipated cooperation. Very truly yours, LATHAM AND LATHAM, P.C. R ennis ronin DPC: il cc: William R. Bergeron OFFICES OF: ��:• � "•,�o„ `I'owil Of 120 1.1�,In 511[10 BUILDING A NORTH ANDOVER Nt>rlli A„rlrwr r, MitS5{WlitttiHlS 01845 CONSF-RVATION t)t3) (3fi'? ti lti:i HEALTH H DIVISION O (G 1SSACIISL PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN I-I.P. NELSON, DIRECTOR Mr. Dennis P Cronin Latham and Latham, P.C. 643 Main Street Reading, MA 01867 REa fliparian Office park. Dear Mr. Croninq I have been instructed by the North Andover planning Doard to contact you with regard to the above refferenced ;WoJect. During a public hearing held on May 181 19ag the Board voted unanimously to deny the application for Site plan floview-- Special Kermit submitted September P.1, 1988 by Fliparian llealty Trust. Furthermorer the Board ham voted to ressr, ind their denial contingent upon the applicant coming into the Planning D0Partrfler•,t and submitting as request for extension on the standard form 1.15ied by this department. Thim extension must be submitted by May 319 1989. As always, if you have any questions regarding this or any other project, please feel free to contact my office. Sincerely) ZI /O le� Christian C. Huntress Environmental Planner. coo William Bergeron K. Nelson, Director DPCif. � r HAYES ENGINEERING, INC. 603 SALE.M STREET WAKEFIELD, MA 01880 NOA-0035 (617) 246-2800 REFER TO FILE �-_.--------- - FAX (617) 246-7596 June 12, 1989 North Andover Planning Board 'own Hall l� 120 Main Street North Andover, MA 01845 li RE: Riparian Park - Berry Street Ladies and Gentlemen: As you requested at the site plan hearing on June 8, please find enclosed the test hole logs with respect to the above captioned development, together with a print of the site plan updated to indicate the location of test holes #1, #2 and 5 . 1 have also .included a print of the on-site watershed plans , referenced to in the Mitigative Drainage Analysis, dated May 10, , 1989, which :indicates both the existing and proposed condition watershed boundaries. I trust that this information will be useful to you, and that the two ( 2) copies of each that I have enclosed will be sufficient; :if, however , you require additional copies, please do not hesitate to contact me . Very truly yours, Peter J. Ogren, P.E. , P.L.S. President PJo/C B/dab Enclosures cc : Riparian Realty Trust I i f } r TEST HOLE DATA RIPARIAN PARK NORTH ANDOVER, MA 3/24/88 8/29/88 TH #1 - Elev. 130. 5 TH #2 - Elev. 129. 2 00" - 12" Topsoil 00" - 12" Topsoil 12" - 16" Subsoil 12" - 18" Subsoil 16" - 45" Med. Sand 18" - 62" Med. Sand 45" - 56" Fine Sand 62" - 120" Coarse Sand & 56" - 120" Coarse Sand & Gravel Gravel Gnd . Water 29" down at Gnd. Water 27" down at Elev. 128. 1 (3/24/88) Elev. 126. 9 (3/24/88) TH #3 - Elev. 128. 5 TH #4 - Elev. 128.4 00" - 12" Topsoil 00" - 16" Topsoil 12" - 16" Subsoil 16" - 26" Subsoil 16" - 53" Coarse Sand 26" -- 55" Med. - Fine Sand 53" - 64" Med . - Fine Sand 55" - 120" Coarse Sand 64" - 120" Coarse Sand Gnd. Water 22" down at Gnd. Water 20" down at Elev. 126 .6 (3/24/88) Elev. 126. 7 (3/24/88) TH #5 - Elev. 129. 3 TH #6 - Elev. 128.9 00" - 12" Topsoil 00" - 15" Topsoil 12" -- 28" Subsoil 15" - 25" Subsoil 26" - 120" Coarse Sand & 25" -- 120" Coarse Sand & Gravel Gravel Gnd. Water 34" down at Gnd. Water 31" down at Elev. 126. 5 (3/24/88) Elev. 126. 3 ( 3/24/88) TH #7 - Elev. 129. 1 TH #8 - Elev. 128. 9 00" - 12" Topsoil 00" - 10" Topsoil 12" - 15" Subsoil 10" - 14" Subsoil 15" - 120" Coarse Sand & 14" -- 66" Med. - Fine Sand Gravel 66" - 120" Coarse Sand & Gravel . Gnd. Water 36" down at Gnd. Water 37" down at Elev. 126. 1 ( 3/24/88) Elev. 125 .8 ( 3/24/88) r 1 Test Hole Data Riparian Park, North Andover, MA 3/24/88 - 8/29/88 TH # 9 - Elev. 128. 6 TH #10 - Elev. 128.4 00" - 12" Topsoil 00" - 12" Topsoil 12" - 18" Subsoil 12" - 24" Subsoil 18" - 100" Coarse Sand 24" _ 120" Coarse Sand Gnd. Water 39" down at Gnd. Water 41" down at Elev. 125 . 3 (3/24/88) Elev. 125 .0 (3/24/88) TH #11 - Elev. 128. 1 TH #12 - Elev. 128.0 00" _ 12" Topsoil 00" _ 12" Topsoil 12" - 24" Subsoil 12" - 24" Subsoil 24" - 48" Med. - Fine Sand 24" -- 34" Coarse Sand/ 48" - 120" Coarse Sand Some Gravel 34" - 60" Fine - Med. Sand 60" - 120" Coarse Sand Gnd. Water 36" down at Gnd. Water 29" down at Elev. 125 . 1 ( 3/24/88) Elev. 125.6 ( 3/24/88 ) TH #5A - TH #8A - 00" -- 21" Top and Subsoil Gnd. Water 60" down 21" -- 72" Med. - Coarse Sand (8/29/88) Gnd. Water 52" down (8/29/88) HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 NOA-0035 t617) 246-2800 REFER TO FAX _.-- FAX (617) 246-7596 June 22 , 1989 Mr. Christian 1untress Town Planner Town Hall 120 Again Street North Andover, MA 01845 RH: Riparian Industrial Park Dear Mr . Huntress : It was a pleasure meeting with you at the technical review meeting for the Riparian industrial Park . The main emphasis of the: discussion was a review of the February 7, 1989 comments listed in Scott A. Stocking ' s letter . Based upon our discussions► I would lake to reiterate what has been accomplished so that all parties concerned have a clear understanding of what issues are remaining . Item l : The requirement for the Landscape Architect stamp does not need to be on the plan at this tame► but will be added, if deemed necessary by the Planning Board, as a condition of the approval . Items la and lb: This information is shown on the plans , and it was agreed that the information was acceptable . Item lc: It was agreed that the following note will be placed upon the plan as one of the General Conditions . "All roof drains will be connected directly to the piped drainage system► or directly to one of the proposed upland detention areas located on site . " Iten ld: It was agreed that there would be no requirement for sod since the roof drains were all connected to a discharge location via a piped system, and also due to the proposed foundation plantings . The original concern for Sod was to address the problem of erosion from the roofs. Items le , if and lg : This is all shown on the plans , as requested, and is acceptable, as shown. Item lh: It was agreed that the parking :islands will be landscaped with either loam and seed or wood chips. Item 2 : This requires a submission of a form A plan which will combine the lots . The letter agreeing to this is attached, as requested . North Andover Town Planner Riparian Industrial Park June 22 , 1989 Item 3 : It was agreed that we would provide elevations of the structures on the Berry Street side, if required, upon approval of the footprints and basic site plan, as shown. The actual buildings, while changing in size, will still be comparable to the original building elevation types shown . Item 4: General Condition #12, shown on the plan, addresses this concern. As discussed, the requirement for rip rap has been substantially reduced from the prior plans, due to concerns of the Conservation Commission and the addition of retaining walls in place of some of the previous rip rapped sloped sections . Item 5 : It was agreed that the sign detail provided with the plans was adequate. Item 6 : It was agreed that item 6 was a response to a hypothetical situation which we were not requesting. Therefore, to address the concerns of the Building Inspector, it was agreed to record, in the deed, the allowable area uses shown on the site plan, and to actually record the site plan as a condition of the approval . Item 7 : The Conservation Commission closed the public hearing on June 21 , 1989, and we are confident that a permissive Order of Conditions will be forthcoming. Item 8: It was agreed that the dumpster, located in front of Building IV, could remain as long as it had a 6--foot high stockade wood fence, and three 4-foot high hemlocks would be planted between the fence and the building. Item 9: The requested drainage information was presented, with no questions from anyone . Item 10: Details of the retaining walls will be submitted to the Building Inspector- prior to construction, but it was agreed that the walls would be reinforced concrete only. Item 11 : It was agreed that this had been changed satisfactorily on the revised plans submitted . Item 12 : It was agreed that General Condition #10 covered this requirement. It was also noted that the proposed detention areas will be mowed as part of the landscape area maintenance. North Andover Town Planner Riparian Industrial Park June 22, 1989 It is my understanding that the above is a fair representation of items discussed and resolved at the meeting. If there are any errors or omissions , please feel free to contact me . Its we also discussed, under Sections 8. 35 and 8. 36 of the North Andover Zoning Bylaws , it would appear that the project would be i.n a position to be approved since all of the major concerns have been addressed . As you are aware, this has been a lengthy project , and the owner is anxious to proceed forward. Very truly yours, William R. Bergeron, I .R. Project Engineer WRB/dab y� i LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE 617 KENNETH C. LATHAM O. BRADLEY LATHAM TELEPHONE: 944.0505 DAVID J. LATHAM TELECOPIER: 944-7079 June 26, 1989 WILLIAM C. WAGNER DENNIS P, CRONIN* -ALSO MEMBER OF FLORIDA BAR Mr. Chris Huntress c/o Dept. of Community Development Town Hall 100 Main Street North Andover, Massachusetts 01845 RE: RIPARIAN INDUSTRIAL PARK Dear Mr. Huntress: Please be advised that the applicant for Site Plan Review will record the site plan document once it is approved by the Planning Board and any conveyance will incorporate this recorded plan. In addition, any conveyances pertaining to any particular parcel within a particular building shall reference the applicable parking legend as contained on the recorded site plan. Essentially, this is a covenant to comply with the approved site plan which runs with the land and will be binding to all successors in interest. I trust that this proposal will sufficiently respond to the inquires which were raised at our Wednesday meeting. Hopefully, with the closure of the public hearing before the Conservation Commission, we shall be able to secure time on the Planning Board agenda in late July. Please advise me of the schedule. Thank you in advance for your anticipated cooperation. Very truly yours, LATHAM AND T , P.C. t , -Dennis P. ronin DPC: il ,7l..H 28 '88 18',42 L.HTHAH LRTF-lRI P. 1 LATHAM AWD LATHAM, P.C. 643 MAIN STREET 111EACI146. MA$SACHUSETTS OW67 KENNETH C. LATHAM AREA CODE 617 0. BRADLEY LATHAM YELEPHONE7 044.0505 DAVID J. LATHAM June 28, .1989 TELI»COPIEtt: »aa 7079 WILLIAM C. wAGWEA DENNIS P. CRONIN, •Al6A AEMOER 60 YLOXtOA ftR Mr. Robert Nicetta Building Inspector Town Hall 120 Main Street North Andover, Massachu5;etts 01845 RE: RIPARIAN INDUSTRIAL PARK Dear Mr. Nicetta: Please be advised that after approval of the Site Plan for the captioned property by the Planning Board, this final Site plan shall be recorded and any conveyances shall reference and incorporate thiiS recorded. plan. Essentially, any occupancy permit will require compliance with the parking legend contained on the recorded Site Plan. Hopefully, this will provide adequate assurance as to the uses of the facility. If you have any questions, please do not hesitate to Contact me. very truly yours, AN�THAM, p.C. � Dennis P. Cronin DPC: il. OFFICES OF: " Town O no1 ii�-1 Al 0V(',l o' ,� NOIlxlOer, BUILDING NORTH ANDOVER Massachusetts 01845 CONSERVATION ' .4 f DIVISION OF (08) (382-0rt-t3:3 I IhALTI { 's= cnus PLANNING PLANNING & COMNiUNI'I'Y UGVGLOPNiLN"I. KAREN I-I.P. NELSON, DIRECTOR Mr. William Bergeron Hayes Engineering, Inc. 603 Salem Street Wakefield, MA 01880 RON Riparian Industrial mark Dear Mr. Bergeron; I ant in receipt of your letter dated June BB, 1989 arid I have the fallowing comments. n ( 1 ) A repintered stamp of a Landucapet Architect will bes required r c prior to the planning board granting the Special E=W"fflit. ( ) A " Erorm A " application is a iserparate submittal from the process of Site Plan Review. I will require that yeas satbr1tit a "Form A" application for approval prior to ths± planning board nigninu the site plan. ( an application is enclosed ) 1 have yet to race i vee a letter addressing this coricet'n as r'0r1e was attached to your correspondence of June 22, 1989, (3) The Planning .Board has not in the past, and will riot at this time, approve a foundation layout without neeing elevations of the structures being proposed. (k) Details of the rip rap walls and retaining walla will be required before granting the Special It waF3 also not agreed that the walls should be of reinforced concrete 0r1lY9 bttt rather your opinion. (S) The board request% an Order of Coriditionm from then Conservation Commission prior to the clOssir'R Of the p�.tb11 s hearing on this application. It is alma in my opinion that all raaJOr c0nc0%Vasa have riot been accurately addressed as required by section 8. 34 and 10. 31 of the North Andover, ;ion i ng Bylaws. The Planning Doat,d will riot close the public hearing until these issues are reSOlved, I. hope that the last few meetings have helped to point YOU in the i right direction and if you have arty Further quest ior+S are comments i please reel ftem to contact [fly office. Sincerelyt CtIrint ian C. Huntress Environmental Planner. act D. Robert Nicettay building inspector � Karen H. P. Ne l isone Director DPCD Richard Dnucattvi Caneervaticn Adminiutrator i i LATHAM AND LATHAM, P.C. 643 MAIN STREET i READING, MASSACHUSETTS 01867 AREA CODE 617 KENNETH C. LATHAM O. BRADLEY LATHAM TELEPHONE: 9.44.0505 DAVID J. LATHAM TELECOPIER: 944.7079 July 6, 1989 WILLIAM C. WAGNER DENNIS P. CRONIN* 'ALSO MEMBER OF FLOWDA BAR Christian C. Huntress Environmental Planner Planning and. Community Development Town of North Andover 120 Main Street North Andover, Massachusetts 01845 Re: Riparian Industrial Park Dear Mr. Huntress: I am writing to confirm our conversation regarding the placement of a deed restriction in any conveyance pursuant to the development of the captioned parcel. Any deed to any portion of the property shall include the following language: "Any subsequent conveyance shall require the grantee to comply with the site plan, certificate of occupancy and the certificate of compliance as issued by the North Andover Building Ispector. 11 It is my belief that your concerns are addressed by this language; however, if there are any deficiencies, please do not hesitate to contact me. In addition, the requirement of a "Form All plan for the property should be a condition of site plan approval in order that no question will arise regarding the zoning of the property. If you have any further questions, please do not hesitate to contact me. Very truly yours, LATHAM AND P.C. is P. Croni DPC:bd cc: P. Robert Nicetta, Building Inspector Kevin Greus, Rivers Development Corp. CONVEYANCE OF EASEMENT John R. Rivers as Trustee of Riparian Realty Trust under declaration of trust dated recorded at Essex North District Registry of Deeds at Book , Page as owner of lot 44, Town of North Andover Assessor' s Map No. 106D (Grantor) for consideration paid and in full, consideration of one Dollar ($1. 00) grant to Riparian Realty Trust as owner of Lot 63, Town of North Andover Assessor' s Map No. 106D (Grantee) with Quitclaim covenants the perpetual rights to an easement to inspect, renew, replace, operate, maintain, and utilize certain water mains, drains, septic lines and septic systems with all appurtenances thereto and all rights to do all acts incidental thereto in, through and under so much of the Easement Area as shown on said plan of land entitled "Riparian Industrial Park" ; Owner: Riparian Realty Trust; Engineer, Hayes Engineering Inc. , dated September 16, 1988, revised , 19 Grantor hereby grants, transfers and delivers unto said Grantee and its successors and assigns any and all rights pertaining to or appurtenant to the easement granted hereby. IN WITNESS WHEREOF, the said John R. Rivers as Trustee of Riparian Realty Trust have caused his presence to be signed, acknowledged and delivered this day of , 1989. Signed and Sealed this date. RIPARIAN REALTY TRUST JOHN R. RIVERS, TRUSTEE COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. , 1989 Then personally appeared the above-named John R. Rivers as Trustee of Riparian Realty Trust and acknowledged the foregoing to be his free act and deed, before me. NOTARY PUBLIC MY COMMISSION EXPIRES: 1' I i 611� 0 LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE 617 KENNETH C. LATHAM O. $BARLEY LATHAM TELEPHONE: 944.0505 DAVID J. LATHAM TELECOPIER: 944.7079 July 6, 1989 WILLIAM C. WAGNER DENNIS P. CRONIN' 'ALSO MEMBER OF FLORIDA BAR Chris Huntress Environmental, Planner North Andover Planning Board 120 Main Street North Andover, Massachusetts 01845 Re: RIPARIAN INDUSTRIAL PARK Dear Chris: Enclosed please find an executed Extension regarding the captioned Site Plan. If you have any questions, please do not hesitate to contact me. Very truly yours, LATHAM AN H P.C. ennis P. Cro n DPC:bd Enclosure cc: Kevin C. Greus Rivers Development Corp. 24 Gould Street Reading, Massachusetts 01867 F' rf F , F 7 I it wa H :off�1�o r T OFFICES OF: .� X u�1 Il of )2t)i!I €i€t S,lvr l APPEALSh�}rlh AI►(lcl�•r'1. A .,> r : NORTH ANDOVER I►€ i BUILI)INt; .e Al ►titi;u rtit'Itti(} fiq!i CONSERVATION " f)I SIGN OF Ir i 17)(i)irt 47/5 HEALTH t'H +� kl-) PLANNING PLANNING & COMMUNITY DE L"LUI AILN'I' � a KAIZEN H.P. NELSON, DII1EC;'l•OIt S VAI'41)ARD F©RH AGREEMENT TO EXTEND TIME REQUIRED FOR PUBLIC HE A1111-iG 1 . On _►v��ft' ► ��an at1I) 1 i (:atior€ wOs rerei "F'l Icy they I\lr,r I�dr)v€€ r F'l ��€nl� i r1( t}uLir 6 c the FJ(3c7€-d ) , �,lal�€ni i. 1 ncl under iassachusett.A General Law MGL ) , Chapter 40A,5ection 9 . Pursuant to MGL , Chapter 40A , 5ectio€i 9. t1liv Board aild the Applicant hereby mutLra 1 ly agree that the time within which the Hoard shall hold a Public Hear ii,g r-,I% said appl + cati�on pumber is, hereby' extended to end on �Q7rt1,. l slk ; and that a Public Fleu-lr i nq or€ said application in If ct �anvened by the Hoard at ar►y time on or before��f , J�:t��_ _ shall tie o€ e which complies with the time--period reguiremellLs of HGL. Chapter 40A, Section, 9 . for a public hearing . Signed as a sealed irlstrument this g� stay For the North Ar€driver Planning Board ti Far -- — _-- _- By By Paul A. Hedstrom, Chairman t 1 ` E 0 LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE 617 KENNETH C. LATHAM p, BRADLEY LATHAM TELEPHONE: 944-0505 DAVID J, LATHAM 1989 TELECOPIER; 944-7079 July 25 , € WILLIAM C. WAGNER j i! DENNIS P. CRONIN' c i 'ALSO MEMBER OF FLOBIOA BAR Mr. Christopher Huntress planner North Andover Planning and Community Development 120 Main Street North Andover, MA 01845 RE: RIPARIAN INDUSTRIAL PARK Dear Mr. Huntress: Consistent with our July 24, 1989 discussion with you, we hereby request that this matter be placed on the agenda for conclusion with the planning Board for August 10, 1989 - We understand that you are attempting to establishaa me wiling with the Teci�eferenceReview theretoCommittee for August 3 , advise us with Sincerely yours, LATHAM AND LATHAM,, P.C. OA 6 0. Bradle�/�atham OBL: il cc: Kevin Greus Rivers Development Corp. Bill Bergeron Hayes Engineering, Inc. Ill f LATHAM AND LATHAM, P.C. 643 MAIN STREET 1 READING, MASSACHUSETTS 01867 AREA GODS 617 KENNETH C. LATHAM TELEPHONE: 944-0505 I O. BRADLEY LATHAM DAViC1 J. LATHAM TELECOPI£R: 944.7079 WILLIAM C. WAGNER DENNIS P. CRONIN* August 2 , 1989 "ALSO MEMBER OF FLORIDA BAR Christian C. Huntress, Environmental Planner planning and Community Development Division Town of North Andover 120 Main Street North Andover, Massachusetts 01845 Re: Riparian Industrial Park Dear Mr. Huntress: Consistent with your June 30, 1989 letter addressed to William Bergeron, we wish to advise that the property owner would submit a "Form All application and plan as a separate submittal as a condition Of approval of the site plan/special permit. We understand that a favorable decision of site plan/special permit would contain that as a condition. We enclose herewith for your files a copy of the Order of Conditions as issued by the North Andover Conservation Commission. In your June 30 , 1989 letter, you indicate that "all major concerns have not been accurately addressed as required by Section 8 . 34 and 10. 31 of the North Andover Zoning By-Law. " In order to prepare for the technical review meeting and the final hearing before the Planning Board, would you kindly articulate for us the precise major concerns to which you reference. We understand based upon our July 31, 1989 telephone discussion with you, that the technical review has been rescheduled with you for August 15, 1989 at 10: 30 a.m. and that the Planning Board meeting is scheduled for August 24 , 1989 . We thank you for your anticipated cooperation. Sincerely, LATH AND LATHAM, P.C. , -Bradley Latham OBL:tic Enclosure . F DEQE File No. 242-50 Form 5�tTo be provided by DEGEi — -, City/Town North !j; —� Commonwealth of Massachusetts Applicant Ri arian Realt Trust t; Salem Turnpike & Berry Street Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 , and under the Town of North Andover's Town Bylaw, Chapter 3.5 NORTH ANDOVER CONSERVATION COMMISSION ��--- From RIPARIAN REALTY TRUST; -P Same as ao licant John Rr Rivers, Trustee ---- To (Name of Applicant) (Name of property owner) 24 Gould Street, Reading, MA . 01867 gameAddress Address This rder is issued and delivered as follows. Jul by hand delivery to applicant or•representative on 7 1989 (date) (date) ❑ by certified mail, return receipt requested on This project Is located at Lot 2 Berry Street and Lot 1 Turnpike The property is recorded at the Registry of Northern Essex Boo 2108 page 244 Certificate (it registered) (date) The Notice of Intent for this project was filed on Ma 3Q 1989 The public hearing was closed on June 21, 1989 (date) Findings The NORTH ANDOVER CONSERVATION COMMISSION has s dronitheelydilotrmate bon available toa Notice of h Intent and plans and has held a public hearing or►the project. BCC has determined that NACC at this time, the the area on which the proposed work is 10 be done is signilicanl to the following interests in accordance with the presumptions of Significance set forth in the to e ul precedent ttreand Actpandtice i3yLawr.der this Town' s ByLaw for each area subjectprotection /Flood control ❑ Land containing shellfish [ public water supply �/ Storm damage prevention f,9' Fisheries [ ' private water supply [� protection of wildlife habitat [�Ground water supply #� prevention of pollution 5-1 Fflpr.tivn 11/1/87 #242-505 Riparian Office Park 2 Therefore, the North Andover Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations and the requirements of the Town ByLaw, to protect those interests checked above. The North Andover Conservation Commission (hereafter the "NACC") orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control . GENERAL CON'DITTOIES 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2 . This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3 . This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, By Laws or regulations. 4 . The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act and/or the Town By Law; (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5 . This order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 1 ` l #242-505 Riparian Office Park 3 7 . No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8 . No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry' s Grantor Index under the name of the owner of the land upon which the proposed work is to be done. :in the case of registered land, the "vinal Order shall also i)e rioted on the Land Court Certificate of Titie, of the owner of the land ul:;on whir:i the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. 9 . A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Quality Engineering File Number 242-505" . 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12 . The work shall conform to the following plans and additional conditions: a. Site Plan in No. Andover, Mass, Riparian Park, dated 1/23/89 , latest revision 6/12/89 . b. Watershed Plan in No. Andover, Mass, Riparian Park, dated 1/23/89, latest revision 6/12/89 . c. Notice of Intent dated May 26 , 1989 . d. Letter from Hayes Engineering dated May 11, 1989. e. Letter from Chief Dolan to Scott Stocking, 2/1/89 . f. 25 ' Buffer Zone table, dated June 7, 1989. g. Mitigative Drainage Analysis, dated May 10, 1989 . E • f I �I i #242-505 Riparian Office Park 4 i 13 . The following wetland resource area is affected by the proposed work: bank, land under water, land subject to flooding (isolated and bordering) , and bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These resource areas are also significant to the recreation interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 14 . The NACC agrees with the applicant' s delineation of the bordering vegetated wetland resource areas on the site. PERFORMANCE DESIGN STANDARDS CHANGES 15. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas during the construction activities, In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent and approved herein, a twenty-five (25) foot no-disturbance zone (except as noted on the approved plans and table dated June 7 , 1989) shall be established from the edge of the bordering wetland resource areas. 16 . No earthen embankment in the buffer zone shall have a slope steeper than 2 : 1. Any slopes of steeper grade shall be rip-- rapped to provide permanent stabilization. All slopes on the inside of any proposed detention ponds shall be no steeper than 17 . The sewer lines on the site, where they cross wetland resource areas, shall be redesigned to be equivalent to force mains for the purposes of leakage allowances. The purpose of this condition is to minimize the likelihood of sewage leakage into wetland resource areas. 18 . All effluent catch basins shall contain oil/gasoline traps, and it shall be a continuing Condition of this Order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. 19 . The NACC finds the applicant's proposal for wetland . replacement areas to be adequate. The Replication area shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction schedule required below. 20. Any changes in the submitted plans, Notice of Intent, or resulting from the aforementioned Conditions must be submitted to the NACC for approval prior to implementation. If the NACC #242-505 Riparian Office Park 5 finds, by majority vote, said changes to be significant and/or to deviate from the original plans, Notice of Intent, or this Order of Conditions to such an extent that the interests of the Act and the Bylaw cannot be protected by this Order of Conditions and would best be served by the issuance of additional Conditions, then the NACC will call for another public hearing within 21 days, at the expense of the applicant, in order to take testimony from all interested parties. Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. 21. Any errors found in the plans or infurmation submitted by the applicant shall be considered as changes, and procedures outlined above in Condition #20 for change: shall be followed. 22 . The proposed project is stall under review by the North Andover Planning Board, and may further be reviewed by other town or state boards or agencies. This may result in changes to the proposed project, e.g. , water and sewer line locations, which may in turn involve changes to the project plans or wetland impacts. Consequently, in order to protect the wetland interests, a final set of plans and a letter from the professional engineer who prepared these plans shall be submitted to the NACC for review and approval prior to the start of construction. Said letter shall describe any and all changes or differences between the final plans and those reviewed and cited above by the NACC. These plans and letter shall address all items identified or requested by the above Conditions in the PERFORMANCE/DESIGN STANDARDS/CHANGES category. No work shall begin on this project until written approval has been given by the NACC so that any revisions can be reviewed prior to implementation. 23 . Prior to the start of construction of all retaining walls, a detailed plan (with supporting documentation) describing the method of construction shall be submitted to the NACC for review and approval. 24 . No underground storage of fuel oils shall be allowed within 100 ' of any wetland resource area. This Condition shall survive this order of conditions and shall run with the title of the property. PRIOR TO DURING CONSTRUCTION 25 . In advance of any work on this project the applicant shall notify the NACC, and at the request of the NACC, shall arrange an on-site conference among the NACC, the contractor, and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor' s written contract. . r p #242-505 Riparian Office Park 6 26. The applicant, or its successors, shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction during the work on the site and to ensure compliance with this Order. 27 . Prior to any activity on site, the applicant shall submit, to the NACC a construction schedule detailing the proposed sequence of work on site to complete this project. Also, written progress reports will be submitted to the NACC every 3 months detailing what work has been. done in or near resource areas, and what work is anticipated to be done over the next period. 28 . Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that required erosion control measures between construction activity and wetland resource areas can be properly placed. It is the applicant/owner's responsibility to maintain the final wetland flagging until a Certificate of Compliance is issued. Failure to maintain this flagging may affect the issuance of the Certificate of Compliance. 29 . Prior to any activity on the site, a filter fabric fence backed by a single row of staked hay bales shall be placed between all construction areas and wetland areas per Soil Conservation Service or O.E.Q.E. standards. This siltation barrier shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC shall be implemented at the direction of the NACC. 30 . The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 100 hay bales and sufficient stakes for staking these bales. Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. 31. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by sodding, or by loaming, seeding, and mulching according to Soil Conservation Service standards. If the latter course is chosen, stabilization will be considered once complete vegetative cover has been achieved. 32 . No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC or its agent. } 1 #242-505 Riparian Office Park 7 33 . There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 34 . After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed and seeded with not less than four (4) inches of quality loam. Before seeding, ground limestone shall be applied at a rate sufficient to bring the soil test to pH 6. 5. In addition, 10-6-4 fertilizer, or its equivalent, shall be applied at a rate of 15 pounds per one thousand square feet, in accordance with Soil Conservation Service guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade using the original wet-'and ,moil or its equivalent, to a depth of at least 4 inches. 35. During and after work on this project, there shall be no discharge or spillage of fuel, oil, or other pollutants into any wetland resource area. If during any phase of site preparation, construction, or clean-up, there is a spill or discharge of any fuel, oil, or other pollutant, the NACC shall be notified by the applicant as soon as practical. No vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. 36 . Washings from concrete trucks, or surplus concrete, shall not be directed to, or dumped in, any drainage system or wetland resource area. 37 . All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent .construction materials on the site, nor shall any waste be disposed of on the site by any other means. The applicant shall maintain dumpsters at the site for the storage and removal of such spent construction materials off-site. 38 . Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 39 . Accepted engineering and construction standards and procedures shall be followed in the completion of the project. #242-505 Riparian Office Park 8 OTHER CONDITIONS 40. The provisions of this Order shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control . 41. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage, or any other form of damage due to wetness. 42 . A proper bona or a depoa�.xt of money or negotiable securities running to the Town of North Andover shall be provided in the amount of $25, 000. 00 which shall be in all respects satisfactory to Town Counsel , Town 'Treasurer, and the NACC, and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC and Town Counsel , and shall be released after completion of the project, provided that provision, satisfactory to the NACC has been made for performance of any Conditions which are of continuing nature. The applicant may propose a bond release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This Condition is issued under the authority of the Town of North Andover's Wetlands Protection Bylaw. 43 . In addition to the requirements of Condition 11, the applicant shall submit a letter to the NACC from a registered professional civil engineer certifying compliance with this Order of Conditions and the approved plans referenced herein. Said letter will certify, but not be limited to the following: a. "As-Built" elevations of all drainage ways constructed within 100 feet of any wetland resource area. b. "As-Built" elevations and grades of all filled or altered wetland resource areas. C. Distances to all structures and elevations within 100 feet of any wetland resource areas. An "As-Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. 44 . Special Conditions #18, 24 and 35 shall survive the issuance of a Certificate of Compliance for this project. i DEQE #242-505 `Lot 2 Turnpike & Lot 1 Berry SL. pet (Riparian Realty Trust) issued By Nor Andover issued Cornrnisslon Slgnalu d s) e 1 i This Order must be signed by a majority of the Conservation Comfnlssion. On tills 5th day of duly >E 9` 89 , beforo mo personally appeared., p,1„1 L, T.ariot to me knnWo In he the parson described Ili find°cv hq oxec;ulpd 1ho foregoing Instrument and kacknowiedged thrlt helslle execs led qNotPubfio as falslltor free Sp and deed. September 9, 1994 _ My corntnisslon expires The sppllcr<nl,the owner,any person aggrloved by Oils ordor,any owner of land obutilno Me fond upon which the proposed work Is io be done or any Ion residents of the city or town In which such land Is located are horeby notified of their dUhl to roquesi 113e Department of EnVOronmental Quality Engine ortrig 10 Issue a Superseding Ordar,providing the request Is made by certilled mail or hand delivery IO" the Departmenl wlitiln ten days from the date of Issuance o1 this order.A copy of lino tequ,ast shall at the same time be sent by cerlified mall or hand delivery to the conservation commission and the applicant. If you wish to appeal this decision under the Town By Law, a complaint must be Filed in 'Superior Court. t7eteeh on dotted fine■nd submit to the NACC prlor to commencement of work, . .Mw Htw`w.•`q�.�.w��e. ��..NM.M��NNHw.........................................................r...w.....................................................r.........I....I.............-. TL 'Issuing Authosily Biases be advised that the Order of Condlllons for the prolact e ' and FIIa Number„ -422 5g.5 has been recorded at Ilia I`1e9101ry of has been noted In tho chain of title of the affected proporty In accordance Willi Goner at condtlion a on t 9 If recorded Land, the Instrument number which Identifies tills transaction Is ll leglstered land,the docurpenl number which Identities tills Itensocllon 1s Applicant. Slpndtur a t f yaw LATHAM AND LATHAM, P•C• i 643 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE, W7 KENNETH C. LATHAM TELEPHONE: 944-0505 0, BRADLEY LATHAM TE ECOPIER: 944 7079 DAVID J. LATHAM 19$9 _....—.-- August 28, WILLIAM C. WAGNER II i I i t i i Christian C. Huntress, Planner Planning and Community Development Division Town of North Andover 120 Main Street North Andover, Massachusetts 01845 RE: SITE PLAN PROCEEDINGSE THE BOARD RELATIVETIVE NORTH ANDOVER, MASSACHUSETTS Dear Mr. Huntress: provide us with a copy of the recommended Would you kindly p conditions that the Planning Board as you to prepare inks anticipation of a September 6, 1989 meeting• if those er totare not available to be mailed to us for our receipt pate your Contacting us he September 61 1989 meeting, we would appreciate office. so that we can arrange to pick up a copy at Y We thank you for your anticipated cooperation. Sincerely yours, LATHAM-AND LATHAM, P.C. Bradley Latham OBL: il I' 1' r 1 l E r LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE 617 KENNETH C. LATHAM p. BRADLEY LAT14AM TELEPHONE: 944 0505 DAVID J. LATHAM TELEGOPIEFt: 944-7079 ; August 28, 1989 WILLIAM C. WAGNER Christian C. Huntress, Planner Planning and Community Development Division Town of North Andover 120 Main Street North Andover, Massachusetts 01845 RE: SITE PLAN PROCEEDINGS BEFORE THE NORTH ANDOVER PLANNING BOARD RELATIVE TO RIPARIAN INDUSTRIAL PARK, BERRY STREET NORTH ANDOVER, MASSACHUSETTS Dear Mr. Huntress: We hereby request a copy of the tape records that were taken of the August 24 , 1989 session of the public hearing regarding the subject matter. if the Town does not have the facility to reproduce that tape then we would request the opportunity to have custody of the tape long enough to cause that to be reproduced. if the Town has transcribed the tape, we would request a copy of the transcription as well. Sincerely yours, LATHAM AND LATHAM, P.C. C:-0. radley Latham OBL: il CERTIFIED MAIL/RETURN RECEIPT REQUESTED CC: Board of Selectmen (Certified Mail) OFFICES OF: Town of 120 Main StreCt North Andover BUILDING NORTH ANDOVER M�jssa(., tfs 0 1845 3 CONSERVATION (SOB)6824348, HEALTHsa.crE DIVISJON OF PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN HP, NEI-SON, DIRECTOR Atty. U, Bradley Latham Latham & Lathaml P. C. 643 Main StroRt Reading, MA 01867 Rol Riparian Industrial Park Dear Mr. Lat harm i I Am in receipt of yout letter d A t E-1 d S/2F,l/8'cl, irl which yl,-u req4tostgd a copy of the recoriniended cr,riditic-'rips the abrfyt� referenced PrOJ Oct- I ahl not recommending to the Pl8rMirill E-10ar-ci th'xt tl-"s 13ro-J f*c:t receive approval. I an, recorilmendirig that the 1�11nrorlirlri Yirtnrd deny the application for a $PeciOl permit submitted by Y01-tv tAierlt for the following reasons ' ( 1 ) The traffic StUdYv PrePIA"e d by Hayes Erill i r'00v-i rill I rlc:- 1 Dated Sopt%j1jbgv, 1908, was prepared tqiHi two Of rlCcess tO tf le site, since that time ones arr-e%s hAm brOf-Il clOg"ci raises the use of the 114 v ibn aoce5S- I'lle situdy indicatc-'s t bl-Itf, j1_1 tjjc- - - --n that a problem will exist , 11jr-irl-tiriLl tAnd afternOr- hours. ClovsinR Of the Alternative accons will �-irily a d d t this problem creating a mubstantial smf"tY hazard. (2) The septic design LIE?, pt'e90ntL'!d bl..., tfjer play,rIJI-111 riiont,d does riot comply with the State Regulatiorinz found in J'itle 5- (3) The applicant has not IRN)"E'd frlt' 0 VAI f V�Orjl the North Andover, 90-4Ard Of HOalth- (4) The applicant hAm nOt AFkfll "aOl v-eur*'Y(7-' a v ak I f V-1:1111 the State f or Acce jA 9 onto i.t e 1141 wt I i ch r9b t highway. If -any of the$% Ocot-rji3 have t-,a tj y been e e . C. y�t 0 my '%L�bmit - written proof _ffice iz-ri befot 4 ' Should you have any questiiono with rogard to tho nbove listed reasons for denial, please feel free to contact; my office. Singer ply; Christian C. Huntress Town planner ccl planning Board i 2o w1ri Street OFFICES OF: Town of North Ariclovor BUILDING NOWFH ANDOVER WissaChuSel(S 0 1 84S CONSERVATION HEALTHyacruse DWISION OF (508)68P-6483 PLANNING PLANNING &. COMMUNITY DEVELOPMRNT KAREN H.P. NELSON, DIRECTOR To- Planning Board From- Health Dept Re= Riparian Park Date- 9-7-89 At this date , I have not received definative plans for the Septic Systems at this site, and no permits have been issued or plans approved. ---------- - ----- /--------- gc/ing i t 7 LATHAM AND LATHAM, P.C. i 648 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE 617 KENNETH C. LATHAM O. BRADLEY LATHAM TELEPHONE: 944.0545 DAVID J. LATHAM TELECOPIER: 944-7079 WILLIAM C. WAGNER September 8, 1989 Christian C . Huntress , Town Planner Division of Planning and Community Development North Andover Town Hall 120 Main Street North Andover , Massachusetts 01845 Re: Riparian Industrial. Park Dear Mr. Huntress : In response to your August 29, 1989 letter , I wish to advise as follows : 1 . Hayes Engineering, Inc. submitted an updated traffic study to your predecessor. That study was submitted during November 1988. 2 . An application is being submitted to the Department of Health with a septic design . That design could of course not be finalized until the final usage need was established. 3 . Your predecessor had suggested that the applicant "withhold filing the MEPA review until the Board has reached consensus on the final size of building, parking and driveway locations . Staff will recommend holding the public hearing open until the full MEPA filing is made to the State and input is received regarding that filing by the State DPW. " [November 21 , 1988 letter from Town Planner to John R. Rivers , Trustee) It was consistent with that ir►st:ruction that the applicant had not previously filed for MEPA review and the related DPW curb cut permit . Both of those filings are now being made. At the September 7 , 1989 meeting of the Planning Board, Paul Davies , the architect for the applicant, presented revised plans addressing the aesthetic and design concerns as previously raised by the Planning Board. it would be our hope that all. of the issues as raised have now been addressed and that now a favorably: recommendation could be given . i F i LATHAM AND LATHAM, P. C . Christian C . Huntress , Town Planner September 8, 1989 Page Two :If any additional materials are required, would you kindly advise us in advance of September 21 , 1989 so that we can attempt to address -them for the next meeting of the Planning Board. Sincerely, LATHAM_ D LATHAM, P. C. 0: d1ey Latham OBL: jmh cc: Town Clerk John R. Rivers William Bergeron , Hayes Engineering } September 21, 1989 To the North Andover Planning Board As a matter of accomodation, the applicant requests that the time by which the Board must act on the site plan review and special permit as filed by Riparian Realty Trust concerning property on Route 114, .North Andover, Massachusetts, be extended to 19RQ., Riparian Realty Trust i i 0 LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867 AREA CODE 617 KENNETH C. LATHAM O. BRADLEY LATHAM TELEPHONE: 944-0505 DAVID J, LATHAM TELECOPIER: 944-7079 September 28, 1989 WILLIAM C, WAGNER Christian C. Huntress, Planner Planning and Community Development Division Town of North Andover 120 Main Street North Andover, Massachusetts 01845 RE: RIPARIAN PARK, ROUTE 114 NORTH ANDOVER, MASSACHUSETTS Dear Mr. Huntress: The hearing in this matter was continued until October 5, 1989 by the Planning Board. Your office advised us yesterday that you have recently learned that there is a Town Meeting scheduled for October 5, 1989 and, therefore, it would be appropriate to reschedule the continuation of the public hearing. Pursuant to my September 27 , 1989 telephone conversation with you, we initially agree that it would be appropriate for the hearing to be rescheduled for October 19, 1989. To comply with the statutory requirements, we enclose the "Request" extending the time by which the Planning Board must act until October 26, 1989 . We shall meet with you on Tuesday, October 3 , 1989 at 10: 00 a.m. at your office to discuss what we believe will be signficantly constructive modifications to the plan. Sincerely yours, LATHAM AND LATHAM, P.C. ` O:-(Bradley Latham OBL: il Enclosure Riparian Realty Trust 24 Gould Street Reading, MA 01867 September 28, 1989 North Andover Planning Board Town of North Andover 120 Main Street North Andover, MA 01845 SUBJECT: RIPARIAN PARK, ROUTE 114 NORTH ANDOVER, MASSACHUSETTS; SPECIAL PERMIT AND SITE PLAN REVIEW GENTLEMEN: As a matter of accommodation, request is hereby made that the time by which the Planning Board must act be extended until October 26, 1989 . Riparian Realty Trust } i LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867 KENNETH C. LATHAM AREA CODE 617 0. BRADLEY LATHAM TELEPHONE: 944-0505 DAVID J, LATHAM October 19 , 1989 TELEGOPIER; 944 7079 WILLIAM C. WAGNER HAND DELIVERED North Andover Planning Board North Andover, Massachusetts RE: SITE PLAN REVIEW AND SPECIAL PERMIT PLAN AS TO PROPERTY ON ROUTE 114, NORTH ANDOVER, MASSACHUSETTS; RIPARIAN REALTY TRUST As a matter of accommodation and because of the illness of the Town Planner, the applicant hereby requests that the time by which the Board must act on the subject matters be extended until November 100 1989. Sincerely yours, LA HAM AND LATHAM, P.C. e . Bradley Latham Attorney for Applicant OBL: it of µDerry�h J; 1 OFFICES OF: .°� TOW is Of 120 Main Stree! BUILDING NORTH ANDOVER North Andover CONSERVATION Massachrasefis 01845 HEALTH e°"°""� DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR Uctober 2Q) , 1989 0 . Bradley Latham Latham and Latham 648 Main Street Reading , MA 01867 Re : Riparian Realty Trust -- Site Plan Dear Attorney Latham: The Planning Board voted to a,(-r e pt your request for an extension to November 10 , 1989 on the site Flan Lox' n Realty Trust. This matter will be Placed on the November 2 , 1989 meeting agenda. Please be prepared for an additional extension of time on this matter . The Planning Board and staff look forward to uorkili(i With You . Sincerely , .Jznet L . Eaton, Admin , Secretary cc : Christian huntress William Bergeron No e:h Oa �h OFFICES OF: �2' 4 '. own of 12()1 iiiii 9(tccl BUILDING :, _;: ; NORTH ANDOVE Ncfrth r\r�cic>ver CONSERVATION !`I ass u'htiSc tEs c)1ti4 HEALTH a°"�"uA`{ I-)IVISION Of: (508)G82-64H:3 PLANNING PLANNING & COMAII.TNFIN KAREN H.P. NELSON, 1 )I I tl.(:COP November 24 , 1989 Ms. Jacki Wilkins, Assoc. Environmentalist EOEA - MEPA Unit 100 Cambridge Street Boston MA 02202 Dear Ms. Wilkins: I am in receipt of your recent memos informing the North Andover Conservation Commission of two site visits: Riparian Office Park and the School at Calzetta Farm. Please be advised that these two projects have been reviewed by the Conservation Commission previously, Our decisions on these projects are attached. From our involvement in these two projects, I feel that further review of both projects by my office will not be required. The School at Calzetta Farm has been particularly well designed. The applicants have met with myself and members of the Conservation Commission on a number of occasions and we hope this project will go forward without further delay. Sincerely, Richard P. Doucette Conservation Administrator CC Marty Kretsch Karen H.P. Neslon THE COMMONWEALTH OF MASSACHUSETTS r EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a �` Q. y MICHAEL S. DUKAKIS ��(� 2 5� 0 989 GOVERNOR V JOHN ❑EVILLARS NAG SECRETARY MEE4r2 N(3 NOT2 CE TO: Distribution FROM: Jacki. Wilkins , Associate Environmentalist '00 DATE : November 15 , 1989 SUBJECT: Riparian park 0-tfe- I I + r 1J, Ap,,Ac.�vev EOEA# 8003 T An Environmental Notification Farm has been submitted for this project . According to MGL, Chapter 30 , Section 62 , the Secretary of Environmental. Affairs must issue a determination regarding the significance of the potential environmental impacts of this project , and must determine whether an Environmental Impact Report should be required to document these impacts and all feasible means to reduce damage to the environment . Therefore , a consultation meeting .will be held to receive advice and comment from agencies , officials , and citizens regarding which environmental issues , if any, are significant for this project , Opinions as to the extent of significance of possible environmental impact will be welcome. The meeting is scheduled as follows : DATE : December 1 , 198J TIME : 11 AM LOCATION: onsite The meeting w.i111 include a brief presentation of the project by the proponent , with periods for questions , answers , and open comment , Additional comments will be welcome in writing prior to or during the meeting. Questions on the meeting may be answered by contacting Jacki Wilkins of the MEPA staff at ( 617) 727-5830 east . 302 . JW/jiw 100 CAMBRIDGE STREET, BOSTON, MA 02202 1617) 727-9800 100% RECYCLED PAPER THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 0 MICHAEL S. DUKAKIS 0 V 2 0 GOVERNOR JOHN DEVILLARS SECRETARY MEE'T2 NG NCti"I' = CE TO: Distribution. FROM: Jacki Wilkins , Associate Environmentalist DATE : November 15 , 1989 SUBJECT: School at Calzetta Farm Property , N . Andover EOEA# 8013 ------------------------------------------------------------------ An Environmental Notification Form has been, submitted for this project . According to MGT. Chapter 30 , Section 62 , the Secretary of Environmental Affairs must issue a determination regarding the significance of the potential environmental impact: of this project , and must determine whether an Environmental Impact Report should be required to document these impacts and all feasible means to reduce damage to the environment . Therefore , a consultation meeting will he held to receive advice and comment from agencies , officials , and citizens regarding which environmental issues , if any, are significant for this project . Opinions as to the extent of significance of possible environmental impact will be welcome . The meeting is scheduled as follows : DATE : December 1 , 19€ 9 TIME: 9 AM LOCATION : onsite The meeting will ! include a brief presentation of the project by the proponent , with periods for questions , answers , and open comment , Additional comments will be welcome in writing prior to or during the meeting . Questions on the meeting may be answered by contacting Jacki Wilkins of the MEPA staff at ( 6.17 ) 727-5830 ext . 302 , JW/j ivi 100 CAMBRIDGE STREET, BOSTON. MA 02202 (617) 727-9800 100% RECYCLED PAPER LAW OFFICES OF ' JAMES A. ANTONUCCI PLANS" � BOARD 442 MAIN STREET \ MALDEN,MASSACIiUSM B 02148 10� JAMES A.ANTONUCCI TEL: (617) 324-4252 LANYRENCEJ.DIGIAMMARINO FAX: (617) 324-5213 STEVEN S.BROADLEY OF COUNSEL M.JEFIREY BEATRICE July 3, 1990 Town of N. Andover Town Hall N. Andover, MA 01845 Re: Route 114 and Berry Street , North Andover, MA Dear Sir/Madam: Please find enclosed copy of Order of Notice from the Land Court in Re: foreclosure of the above-captioned property. Sincerely; �1 Jame A. An onucci JAA/sp Enclosures Certified Mail RRR# P`. 609 701 580