HomeMy WebLinkAbout2015-04-07 Legal Notice SPR E
I
Abutter to Abutter( ) Butiding Dept ( X ) Conservation ( X ) Zoning ( X
Town of Forth Andover
Abutters Listing
REQUIREMENT: MGL 40A,Section 11 slates In pad`Parties In Interest as used In this chapter shall mean the petitioner,
abutters,owners of land directly opposite on any public or private way,and abutters to abutters within
three hundred(300)teat of the property line of the petitioner as(hey appear on the most recent applicable
lax list,not withstanding 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 torn."
Sublect Property; L Al
Pe C MAP PARCEL Name Address
------ t/107.0 77 Nova Flagship LLC 84 Flagship Drive,North Andover,MA 01846✓
Abutters Provertles
Map Parcel Name Address
✓ 25 80 WOR Associates 355 Middlesex Road,Wilmington MA 018876/
t/ 25 83 Rupp Realty Trust 400 Willow Sytreet,North Andover,MA✓
,/,107.0 25 ARC Realty Corporation 100 Flagship Drive,North Andover,MA 01845 r✓
107.0 45 Delray Smith 79 Marian Drive,North Andover,MA✓
✓107.13 46 Paul Fab€ano 89 Marian Drive,North Andover,MA✓
✓107.13 47 William McNamara€II 99 Marian Drive,North Andover,MA✓
V�07,13 48 Daniel Lanen 111 Marian Drive,North Andover,MA✓
✓107,C 76 Turnpike Flagship LLC P.O.Box 220,Boxford,MA 01921✓
t/107.0 78 Galaxy.LLC 8 Lowell Street,Pepperell,MA 01483✓
✓107.0 79 Jomat LLLC One Thompson Square,Charlestown,MA 02129✓
✓107.0 83 GLC Companies Realty Trust 115 Flagship Drive,North Andover,MA 01845✓
✓107.0 113 A&B Margaret Fitzgerald 85-A Flagship Drive,North Andover,MA 01845✓
✓ 107.0 113 C Demolady 5,LLC 85-C Flagship Drive,North Andover,MA 01845 ✓
�107.0 1130 TBSW,LLC 85-0 Flagship Drive,North Andover,MA 01845✓
✓107.0 113 E Scott Building 22 LLC 12 Rogers Road,Haverhill,MA 01835✓✓
✓107,C 113 F&G Flagship,NA,LLC 12 Partridge Lane,Wakefield,MA 01880
t/107,C 113 H Mark Scollard 19 Wing Road,Lynnftetd,MA 01940 Ve
✓107.0 1131 Paul Malurl 85-J Flagship 06va,North Andover,MA 01845✓
t/107.0 113 K KY-Court Realty 85-K Flagship Drive,North Andover,MA 01845
S tee' 7 5 6w1•
Ot OA-,
0 ?
This certifies that the names appearing on the
records of the Assessol'w Office as of
Certified bp4,4 at
Town of Forth Andover 14oRr"
Office of the Planning Department Fr °�°
Community Development and Services Division i 4
1600 Osgood Street
North Andover,Massachusetts 01845 �'SSAc�au��i�g
LEGAL NOTICE
TOWN OF NORTH ANDOVER PLANNING BOARD
NOTICE OF PUBLIC HEARING
In accordance with the provisions of M.G.L. Chapter 40-A, Section 11,the North Andover Planning
Board will hold a public hearing as follows:
Purpose of Public Hearing: Application for Special Permit—Site Plan Review under sections
8.3, 10.3, 10.31 of the North Andover Zoning Bylaw. Applicant
proposes a 315 sq. ft. loading dock addition, modifications to lot
entrances for truck access,modifications to drainage system to
relocate pipe lines, creation of pervious area at rear of lot and a
change of use in the Industrial I zoning district.
Applicant/Petitioner: Nova Flagship LLC
94 Flagship Drive
North Andover,Ma 01845
Owner of Land: Same as Applicant
Address of Premises Affected 94 Flagship Drive
North Andover,Ma 01845
Assessors Map and Lot: Map 107.C, Lot 77
Public Hearing Date&Time Tuesday, April 7, 2015 @ 7:00 pin.
Location of Public Hearing Town Hall
120 Main Street
North Andover,MA
Information Available A copy of the plan and application is on file in the Planning Board
office at 1600 Osgood Street,North Andover, MA, and may be
inspected during regular office hours.
Advertised on: March 24 and March 31, 2015
All interested persons may appear and be heard. Persons needing special accommodations and 1 or those
interested in viewing the application materials should contact the North Andover Planning Department at
(978)688-9535.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVA'NON 68 8-9 530 11EALTI-1 688-9540 PLANNING 688-9535
Public Notices Page 1 of 1
W A' 1
Home Tuesday,March 24,2015
TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC
TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING In accordance with the provisions of M.G.L.
Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing
Application for Special Permit Site Plan Review under sections 8.3, 10.3, 10.31 of the North Andover Zoning Bylaw, Applicant proposes
a 315 sq. ft. loading dock addition, modifications to lot entrances for truck access, modifications to drainage system to relocate pipe
lines, creation of pervious area at rear of lot and a change of use in the Industrial 1 zoning district. Applicant/Petitioner Nova
Flagship LLC 94 Flagship Drive North Andover, Ma 01845 Owner of Land Same as Applicant Address of Premises Affected 94
Flagship Drive North Andover, Ma 01845 Assessors Map and Lot Map 107.C, Lot 77 Public Hearing Date &Time Tuesday, ApM 7,
2015 @ 7:00 pm. Location of Public Hearing Town Hall 120 Main Street North Andover, MA Information Available A copy of the
plan and application is on file in the Planning Board office at 1600 Osgood Street, North Andover, MA, and may be inspected during
regular office hours. Advertised on March 24 and March 31, 2015 All interested persons may appear and be heard. Persons
needing special accommodations and / or those interested in viewing the application materials should contact the North
Andover Planning Department at(978)688-9535. ET 3/24, 3/31/15
Appeared in: Eagle-Tribune on Tuesday, 03/24/2015
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http:{Imo.mypu6licnotices.coin/PublicNotice.asp7Page=PublicNotice&AdId=3771037 3/24/2015
1
TOWN OF NO i T! IANt]OVR .
' F1ANNiNG f�bARD ':,
NOTICE QF PUBLIC HEARING
In Oh?a tame wit the Prot±lslons of M Q L C.liapter 40 A,SacliQ�n 13,
the Nptlh Andover Pfanning Board wiii hall a pr+bllc hearind as ioliows,
Purppose a!Pulr>fc Hearhi
Application for Special Petlnll Site,Pfan Ftsv?elk undei sections d 9,
143 t03t'of the North Andover'Zoning 8VIq` ', Appllcafrt propposes a,
81S sq k lnanfn�doalt addlilon,rr�adaflaations,to 1pt entranoes dor'iruck;
1 access mai#lficailons td drainage systems Ip raloaatQ hlpoJlnas,graatlon
ol�pervlous area at rear of lot end a change of use In the lri4tuslrlal izon-
Irtd dlsltict_' ..
AppUoantlPetloner
.40M.Ptag5h LCC
84 Flagship prlveP.
NorthAn'400" i4]a Q1845
t7wnex of I-and
San?a as Appllot
Address of Premises
S4)l49q p Rt� eaiad
NoBa Andover,Nl,�IftB4
Assessors Map and t nt
Ma pAa7at��
RUbtigia�ring Date AT
Tuesday,Apr117 2At&C? S1R pm
LocaflQn o!Public Hearing'
I Town Hall
20 rAalr19froot
North Andover,t�AA ;
r Inlormatlon Avaltabte I
Acopy of tha plan and application is oti�la In lFte Ptanntng hoard oIt(ca`
A 1$00 bsgpAd Street;Nadh Andover AAA,and maybe Fnspscted during
regular oklae hours
Advertised an
March 24 and f4larah 31 2015'
i All lnteresed persons may appear and be heard Parsons need
i !ng special acpamrnodaHons and 1 or thOae inter#sied In yl®wing the'
I applleelipn►r%alertals ahouid cOntact the'North AridnVOr Planning De,,Pa.ment at 970)SBe 9536. '
rf �T-�/za a/3�:Iis
n
Date: April 10, 2015
Dear: Nova Flagship, LLC
As you know,the Planning Board issued a Decision for the following permit:
Nova_ _ g
_Fla ship, LLC-Site Plan Review Decision,,..._.
Name of Applicant
Nova Flagship, LLC-94 Flagship Drive North Andover MA 01845
Location of Premises
rrrrarrrrrrrrrrrrrrarrarrrrrrrarrrrrrrrrrrrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Your 20-day appeal period will have passed at midnight on the following date: April 29, 2015
1. Once the appeal period has passed, please pick up your Town Clerk-certified copy of the
Planning Board's decision from the Town Clerk's office located at 120 Main Street, North
Andover, MA 01845 (phone: 978-688-9501).
2. Please make a paper copy of the final approved site development plan and any other
applicable plans and bring to 1600 Osgood Street to have the Town Planner sign the final
plans. These plans are to be attached to the Town Clerk-certified copy of the Planning Board's
Notice of Decision.
3. Please bring the Town Clerk-certif led copy of the decision with the Town Planner signed plans
attached to the North Essex Registry of Deeds,354 Merrimack Street,3",floor, entrance C,
Lawrence, Ma 01843 (phone 978-683-2745), as the decision and plans must be filed at the
Registry of Deeds as soon as possible.
4. Once this is completed please bring:two(2)copies of the recorded, certified decision and the
Registry of Deeds receipt to the Planning Department which is located at Town of North
Andover, 1600 Osgood Street,Suite 2035, North Andover, MA 01845. Failure to file the
decision with the Registry of Deeds will result in your inability to exercise your special permit
and/or definitive subdivision approval and your inability to obtain a building permit with the
Building department. A 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 or an extension has been
granted by the Planning Board.
If you have any questions, please feel free to call (978-688-9535)or fax(978-688-9542),during
regular business hours.
NORTH
16
0
go
k�-CEIVED
'1�4 COCHIC It" 2015 APR -9 P14 2: 29
044YED P-
CHIJ
PLANNING DEPARTMEN SS 11,
Community Development Division
1600 Osgood Street
North Andover,Massachusetts, 01845
SITE PLAN REVIEW W DECISION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: April 7, 2015
Date of Hearing: April 7, 2015
Date of Decision: April 7, 2015
Petition of: Nova Flagship LLC
94 Flagship Drive
North Andover, MA 01845
Premises Affected: 94 Flagship Drive
Assessors Map 107.0 Lot 77
The above application for a Site Plan Review Special Permit is in accordance with the
requirements of the North Andover Zoning Bylaw, Section 8.3 and 10.3, and Massachusetts
General Law Chapter 40A, Section 9.
So as to allow a 315 square foot loading dock addition, modifications to lot entrance for truck
access, modifications to drainage system to relocate pipe lines, creation of pervious area at rear of
lot,pedestrian and forklift access between 80 Flagship Drive and 94 Flagship Drive, and change of
building use in the Industrial I (11)zoning district.
After a public hearing given on the above date, and upon a motion by L, Rudnicki and 2d by D.
Kellogg to APPROVE the Site Plan Review Special Permit as amended and based upon the
following conditions. The vote was 5—0 in favor of the application.
On beha f f the North And6ver Planning Board
John Sii2s, Chairman
L. McSherfy
L. Rudnicki
Peter Boynton
Dave Kellogg
Nova Flagship LLC
Map 107.C,Parcel 77
Site Plan Special Permit
The PIanning Board herein APPROVES a Site Plan Review Special Permit for a 315 square foot loading
dock addition,modifications to lot entrance for trek access,modifications to drainage system to relocate
pipe lines,creation of pervious area at rear of lot,pedestrian and forklift access between 80 Flagship
Drive and 94 Flagship Drive, and change of building use in the Industrial 1 (11)zoning district. The
project is located at 94 Flagship Drive,North Andover,Massachusetts,01845,Assessors Map 107.C,Parcel
77 within the Industrial 1 (11)Zoning District,The parcel totals approximately 81,334 sq.ft. with frontage on
Flagship Drive. This Special Permit was requested by Nova Flagship LLC 94 Flagship Drive,North
Andover,MA 01.845. The application was filed with the Planning Board on or about February 27,2015-.
The public hearing on the above referenced application was opened on April 7,2015,and closed by the North
Andover Planning Board on April 7,2015. The applicant submitted a complete application,which was
noticed and reviewed in accordance with Section 8,3, 10.3 and 10.31 of the Town of North Andover Zoning
Bylaw and MGL C.40A, See,9.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is zoned Industrial 1.
2) The project includes approximately 2,300 sq, ft. of additional impervious surface at the main entrance
and front of building and 2,350 sq. ft. of pervious surface in the rear parking area will be created by
the proposed upgrades.
3) The 315 square foot loading dock addition has been located at the form of the building to mitigate the
impact to the neighborhood.
4) The -use as developed will not adversely affect the neighborhood as the property is located in an
Industrial 1 zone and the improvements will have little effect on abutting properties.
5) The project was reviewed by the Conservation Commission on March 11, 2015 and received a
Negative Determination of Applicability.
b) The site improvements have a minimal impact to parking and other uses.
7) There will be no nuisance or serious hazard to vehicles or pedestrians.
8) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
9) Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3., but requires conditions in order to be fully in
compliance. The Planning Board hereby grants an approval to the applicant provided the following
conditions are tnet:
SPACIAL CONDITIONS:
1) Permit Definitions:
2
Nova Flagship LLC
Map 107.C,Parcel 77
Site Plan Special Permit
A) The"Locus" or"Site"refers to the 81,334 sq. ff. parcel of land with land fronting on Flagship
Drive as shown on Assessors Map 107.C,Parcel 77.
B) The "Plans" refer to the plans prepared by Christiansen & Sergi, Inc. 160 Summer Street,
Havcrlii11, Ma 0 183 0, entitled "Plan of Proposed Conditions located in North Andover, Ma",
dated September 15, 2014,as most recently revised on March 9,2015, consisting of,Sheet 1.
C) The "Project" refers to a 315 square foot loading dock addition, modifications to lot
entrance for truck access, modifications to drainage system to relocate pipe lines, creation of
pervious area at rear of lot, pedestrian and forklift access between 80 Flagship Drive
and 94 Flagship Drive, and change of building use in the hidustrial 1 (I1)zoning district.
D) The "Applicant" refers to Nova Flagship LLC, 94 Flagship Drive, North Andover, MA
01845,the applicant for the Special Permit, its successors and assigns.
E) The "Project Owner" refers to the person or entity holding the fee interest to the title to the
Locus from time to time, which can include but is not limited to the applicant, developer, and
owner.
2) A site inspection must be scheduled with the Planning Department for the purpose of verifying
that the interior catch basin to be eliminated has been properly filled with concrete.
3) Truck deliveries shall be limited to regular business hours between 8:00 am and 5:00 pin.
4) The storage container is "temporary" and must be removed within two years from date of permit
granted.
2) PRIOR TO THE START OF CONSTRUCTION
A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department,
B) One certified copy of the recorded decision must be submitted to the Planning Department.
C) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all North Andover land use Boards.
D) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
E) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of
insuring that the site is constructed in accordance with the approved plan and that a final as-built
plan is provided, showing the location of all on-site structures. This bond shall be in the form of
a check made out to the Town of North Andover. This check will then be deposited.into an
interest bearing bond account.
F) The project manager will provide weekly reports on the status of the project.
G) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department,
H) A pre-construction meeting must be held with the developer,their construction employees, Planning
3
Nova Flagship LLC
Map 107.C,Parcel 77
Site Plan Special Permit
Department and other applicable departments, to discuss scheduling of inspections to be conducted
on the project and the construction schedule.
3) DURING CONSTRUCTION
A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner,
throughout the construction process.
B) In an effort to reduce noise Ievels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from.the structures or site.
C) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.
D) It shall be the responsibility of the developer to assure that no erosion from the construction site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as nori.ally ancillary to off-site construction. Off-site erosion will be a basis for the Planning
Board making a finding that the project is not in compliance with tyre plan, provided, however, that
the Planning Board shall give the developer written notice of any such finding and ten days to cure
said condition.
4) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at time Project Owner's expense.
B) A final as-built plan showing final topography,the location of all on-site utilities,structures, curb
cuts, parking spaces and drainage facilities, including invert elevations of all stormwater
structures, must be submitted to the Planning Department. The as-built must be provided in paper
form as well as in SDF (Standard Digital File) format. The as-built shall also provide a
calculation showing the increase in impervious area. The applicant must also submit a letter from
the architect and engineer of the project stating that the building, landscaping, lighting and site layout
substantially comply with the plans referenced at the end of this decision as endorsed by the Planning
Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the
Planning Board, to cover the full amount of the landscaping materials and installation if weather
conditions do not permit the completion of the landscaping prior to the use of the building.
C) The Planing Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
5) GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) The hours for construction shall be Iiinited to between 7:00 a.m. and 5:00 p,m. Monday through
Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
4
Nova Flagship LLC
Map 107.C,Parcel 77
Site Plan Special Permit
D) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations,
E) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
F) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board,
G) Any revisions shall be submitted to the Town Planner for review. if these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
1-1) This Special Permit approval shall be deemed to have lapsed after April 7,2017 (two years from
the date permit granted), exclusive of the time required to pursue or await determination of any
appeals, unless substantial use or construction has commenced within said two-year period or for
good cause. For purposes of this development,the developer shall be deemed to have undertaken
substantial use or construction if the developer has begun any site grading or tree clearing.
1) The following information shall be deemed part of the decision:
Plan titled: Plan of Proposed Conditions located in North Andover,Ma North Andover,MA
Prepared for: Nova Flagship,LLC
94 Flagship Drive
North Andover,MA 01845
Prepared by: Christiansen&Sergi
160 Summer Street
North Andover,Ma 01845
Scale: V)=20'
Date: September 15,2014,revised to March 9, 2015.
Sheets: 1
Plant titled: Hood to be placed in catch basins
Prepared for: Nova Flagship,LLC
94 Flagship Drive
North Andover,MA 01845
Prepared by: Christiansen&Sergi
160 Sumner Street
North Andover,Ma 01845
Date: March 2, 2015
Sheets: 1
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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