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HomeMy WebLinkAbout2020-12-15 Application SPR � r �-7� HANCOCK ASSOCIATES Surveyors I Engineers I Scientists 21942 Town of North Andover Mr. David Sampson Planning Board 1270 Turnpike Street 120 Main Street N. Andover, MA 01845 N. Andover, MA 01845 October 29, 2020 Dear Planning Board: Hancock Associates, on behalf of our Client, Mr. David,Sampson, is please to present this request for Site Plan Approval for the expansion of an existing parking lot at 1270 Salem Turnpike in North Andover to allow for more parking. Also, our Client proposes additional site improvements in the rear of the existing building which include adding a fence, regrading, loam and seeding and adding a new retaining wall to improve accessibility to open space. Although there is a Sewer and Access easement, on this property, in the location of the proposed parking, it is our understanding that this additional parking is allowed. Please find attached the Sewer Easement, Access Easement, and Easement Plan for your review.The Assistant Director/Town Engineer of Department Public Works has reviewed a previous designed plan. He has provided certain requests. These requests have been addressed in this current submission. His memo is also included in this package. The following documents are included in this package: • Application for Special Permit for Site Plan Review • Recorded Sewer Easement, Access Easement, and Easement Plan • Abutters List— 10.28.20 • Stormwater Memo— 10.29.20 • Assistant Director/Town Engineer of Department Public Works Memo— 10.20.2020 • Hancock Associates—Sheet C L —Grading and Drainage Plan— 10,29.20 • Hancock Associates—Sheet C2—Layout and Materials Plan— 10.29.20 Per your Site Plan Review Application please review our comments addressing the individual bullet points below: • Encouraging the most appropriate use of land— Currently, this property has been dif�crrlt to fnd tenants as there are ins r ffreient parking spaces. Allowing far this expansion will provide for an increased opportunity to fill this nearly empty commercial property and bring in more revenue to the Town • Preventing overcrowding of land—providing more open space behind the building to allow for more useable outdoor space • Conserving the value of land and buildings—this will provide for appropriate use of'the building and the land so as to attract tenants • Lessening congestion of traffic—improving landscape bit r to Route 1.14 185 Centre Street Danvers, MA 01923 V. 978-777-3050 F; 978-774-7816 HancockAssociates.com BOSTON, CHELMSFORD, DANVERS, MARLBOROUGH, NEWBURYPORT, PRINCETON, MA I SALEM, NH HANCOCK ASSOCIATES Surveyors Engineers i Scientists 21942 • Preventing undue concentration of population—improving parking availability • Providing adequate light and air—improving outdoor accessibility • Reducing the hazards from fire and other danger—not applicable • Assisting in the economical provision of transportation, water, sewerage, schools,parks, and other public facilities—providing an opportunity for increased tax revenue from increased in tenants • Controlling the use of bodies of water, including watercourses-not applicable • Reducing the probability of losses resulting from floods—improving stornzwater managemrent • Reserving and increasing the amenities of the Town— not applicable ZONING BYLAW SECTION 10.31 The Special Permit Granting Authority must have all the following conditions met: • The specific site is an appropriate location for such a use, structure or condition—the added parking is assisting in increasing the ability to provide adequate parking for potential tenants and by utilizing the space appropriately and efficiently behind the building for increased outdoor space accessibility • The use as developed will not adversely affect the neighborhood--it will NOT adversely affect the neighborhood • There will be no nuisance or serious hazard to vehicles or pedestrians—correct • Adequate and appropriate facilities will be provided for the proper operation of the proposed use —yes • The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this Bylaw.— YYe believe that this project will iniprove the existing property. If you have any questions or concerns,please feel free to call Deb Colbert, P.E. at Hancock Associates, 978-777-3050 x410. Sincerely, Lat-c&-- Deborah L. Colbert,P.E. Senior Project Manager Hancock Associates Enclosures I 185 Centre Street I Danvers, MA 01923 V. 978-777-3050 F. 978-774-7816 HancockAssociates.com BOSTON, CHELMSFORD, DANVERS, MARLBOROUGH, NEWBURYRORT, PRINCETON, MA I SALEM, NH e r •�,i ii[111��f .� Town of North Andover Planting Department Community&Economic Development Division 120 Main Street North Andover,Massachusetts 01845 i Town of North Andover Planning Board Application for Special PermitU�1 Please type or print clearly. ; 1.Petltloner: Deborah L,Cotbart,PA Potitioner's Address: 185 Centre Street Danvers,MA 01923 Telephone number: 078-777-3050 I 2,owners of the Land: David Sampson Address: 1270 Turnpike Street No.Andover,MA Number of years of ownership: Four(4)years 3.Year lot was created, unknown 4.Description of Proposed Project: The Owner proposes to add n[ne(9)parking spaces and create a more Hat grassed area behlad the building to allow for more usable outdoor space.The Owner proposes to a add landscape butter between the added parkfnq area and Route 114. The Owner also proposes to add an addWonal one(1)handicap space.The Town of North Andover has an"Access"easement to the Sewer Pump Statlon,The easement does not allow for addltronal structures.In Interpreting the easement langua€re, the additional parking spaces would be allowed as long as they do not prevent access to the Pump Station,The Town anglneer has provided a tatter accepting the attached plan. I 5,Description of Premisos: Currently(here Is a 5.700+I-sf office bulldIng on the premises.The current owner has had prospective buyers look at the property and all have walked away from leasing or buying the property due to the lack of parking s aces,There i are currently nineteen(19)spaces which includes only one(1)handicap space. 6,Address of Property Being Affected:_1270 Tum Ike Street Zoning District: Village Commerclal Zone Assessors Map: 107A ____— Lot A. 148 } Registry of Deeds:Book#: 14689 Page#: 155 i 7.Existing Lot: Lot Area(Sq.Ft): 98,183 of+! Building Height: NIA i Street Frotllaga: 12SW+I- Side Setbacks: 62.8'+I- ! Front Satbactt: 145'+/- Rear Setback: NIA ! Floor Area Ratio: NIA Lot Coverage: NIA i 8.Proposed Lot(If applicable): NIA Lot Area(Sq.Ft): Building Height: Street Frontage: Side Setbacks: r Page I of 3 120 Male Sfreet,Planning Dept.,Norlh Andover,Massachusetts 01845 Phone 978,698.9535 Fox 978.688.9542 Wah www.northandovermu.goy i E E I t E • E Front Setback; Rear Setback: ; I Floor Area Ratio: Lot Coverage: 0.Required Lot(as required by Zoning Bylaw): N/A Lot Area(Sq,Ft): Building Height: Street Frontage: Side Setbacks: Front Setback: Rear Setback- Floor Area Ratio: Lot Coverage: 1 k 10.Existing Building(if applicable)- NIA Ground Floor(Sq.Ft,): of Floors, Total Sq.Ft.: Height- Use: Type of Construction: 11,Proposed Building: NIA Ground Floor(Sq,FL): !!of Floors: , Total Sq.Ft. Height: Use- Type of Construction- 12.Has there been a previous application for a Special Permit from the Planning Board on those premises? yes If so,when and for what type of construction? commercial office Building-2001 l { 13.Section of Zoning Bylaw that Special Permit Is Being Requested Section 195.8.11 A.(3)Adding parking spaces. 6yK lb V . <ff't 14.Petitioner and Landowner signature(s); Every application fat a Sptctah Permit sliall be ninde on Ibts farm,which is tho ofticiai fortu ortho Planning Hoard,Uvcry application shall be filad%vlth ilia Town Clerk's office,it shill be tho responsibility oftho pelitloner to fikrniih all supporting dociimelitmian ivith dtis j application.Thu dated copy of This application received by the Town Clerk or Planting flfflec dory not absolve the awlieanl from this Ycsponswitty.The petitioner shalt bo tcspansible fur an expenses for filing and legal nolifioation,rathum to comply iyith application regntteitienis,as cited hereln aid in tho Planning Boar Rules And Regulations may result In a dismissal by Ilia Planning hoard of lids application as Incoftiolda. /# Petitioner's Signature: Print or type name Hero- Deborah L.Colbert, E. l owner's Signatura: nSOMPSOn, Print or typo name herW i 15.Please list title of plans and documents you will U attaching to this application. Letter to the Planning Hoard . Hancock Associates-Sheet C1=Grading&Drainage Plan-10,29.2 Hancock Associates-Shant G2—t ayout A Maisrlsk Plan -10.29.20 Recorded Sewer Easement.Access Easgnienl.and Fasernont Plan Certified Abutters List-10.28.20 Stormwater Memo 10.20 20 -- Assistant Dlrectorl7own Engineer of Department of Public Works Memo-10.20.20 t Page 2 of 3 120 Main Street,Planning beltl.,Norlh Andover,Mussuditisells 01845 Phone 970.688.9535 Fey 978.688.9542 Web www.narthantlovernie.gov I f ' I PLANNING UPARTMENT � Building Conservation Health Planning Stevens Esiate Zoning Certification of Payment of Municipal Taxes, lees, Assessments, Betterments and Other Municipal Charges The Town of North Andover General Bylaw Chapter 129.1, provides that any application for a permit or license may be denied, suspended or revoked if the holder thereof has failed or refused to pay any taxes,fees,assessments, betterments or other municipal charges. By signing this application,the applicant represents that he or she has paid all such taxes and fees, David W.Sampson,Jr. ,certify under the penalties of perjury that to the best of my knowledge and belief, I have not neglected or refused to pay any municipal taxes, fees,assessments, betterments or any other municipal charge including amounts assessed under the provisions of section twenty-one D,or am not applying for a license or permit with respect to any activity, event or other matter which is the subject of such license or permit and which activity,event or matter Is carried out or exercised or Is to be Carried out or exercised on or about real estate whose owner has neglected or refused to pay any local taxes,fees, , assessments,betterments or any other municipal charge. Signed under oath, Name 1 Ze7 Address 1 i Does the Property Owner own any additional property In North Andover(Yes or No)? ! YIN). If yes, please list the property address of any additional property. Property Address; North Andover Tax Collector Signature Name i Date E f HANCOCK ASSOCIATES Surveyors Engineers Scientists 21942 Town of North;Andover Mr.David Sampson Planning Board 1270 Turnpike Street 120 Main Street N. Andover,MA 01845 i N. Andover,MA 01845 October 29, 2020 Subject: 1270 Salem Turnpike--Drainage Memorandum Dear Planning Board Members, Hancock Associates,on behalf of our Client,.Mr: David Sampson,provide this Drainage Memo as it relates to the parking lot expansion at the above referenced site. Currently,this commercial property has nineteen (19)parking spaces which includes one (1)handicap accessible space. There are not enough parsing spaces for potential tenants or buyers.. Our client proposes to expand and restripe an existing parking lot to allow for,eight(8)more parking spaces which will include an additional handicap accessible space. Due to the proximity to the Wetland Resource areas, we will submit these plans to the Conservation.Commission, Other site improvements are proposed in the rear of the existing building include adding a fence, regrading, loam and seeding and adding a new retaining wall which have already been approved by the Conservation Commission in 2019. In the existing condition,the project area consists of an office building,paved areas, rip-rap areas and landscaped areas. The majority of stormwater runoff from the existing site drains to the wetlands surrounding the site to the west, north and east via sheet flow. The drainage from the vehicular paved areas drain to the wetlands via an existing drainage system.The existing drainage system is supplemented by a Downstream Defender to remove suspended solids and petroleum runoff,prior to discharging into the wetlands. Subsurface soil testing conducted in September 2020 by Hancock,Associates concluded that groundwater was approximately 36"below ground surface at TP1 and 24"below ground surface at TP2. Due to the shallow nature of the groundwater table,infiltration is not feasible. Working with the previously developed site and existing drainage system, we are able to mitigate to the best extent practicable, The proposed site modifications have been designed to maintain the existing drainage patterns. The proposed paved areas will be collected via Catch Basins and routed through the existing drainage system referenced above. HydroCAD was used to determine the runoff from.the total paved area(existing and proposed) (about 12,150 sf): This calculated runoff is 2.55 cfs:during an 8.14"-100-year storm event. Using Hydro. International's sizing tool and the HydroCAD output, the existing Downstream Defender was determined to be adequately sized to handle the increased runoff fiom the expanded parking lot. Please see the supporting documentation attached, 185 Centre Street Danvers, MA 01923 J V: 978-7.77-3050 F: 978-774-7816 J HancockAssociates.com BOSTON, CHELMSFORD, DANVERS, MARLBOROUGH, NEWBURYPORT, PRINCETON, MA SALEM, NH HANCOCK ASSOCIATES Surveyors E,ngineers I Scientists Please.feel free to contact inc if you have any questions or comments,I can be reached at 978-777-3050 or dcolbert@,Iiancockassociates.com. Sincerely, Hancock Associates Debor crl, E Project Manager 185 Centre Street I Danvers,.MA 01.923 ( V.- 978-777-3050 F.978-774-7816 HancockAssociates.corn BOSTON, CHELMSFORD, DANVERS, MARLBOROUGH, NEWPURYPORT, PRINCE TON, MA I SALE,M, NH j 21942 HydroCAD Type II124-hr 100-year Rainfall=8.14" Prepared by Hancock Associates Printed 10/27/2020 HydroCADO 10.00-22 sln 08304 @ 2018 HydroCAD Software Solutions LLC Pape 1 i Summary for Subcatchment S1: Parking Lot i Runoff - 2.55 cfs @ 12.00 hrs, Volume= 0.169 af, Depths 7.27" i Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type III 24-hr 100-year Rainfall=8.14" Area (sf) CN Description 12,150 98 Paved parking, HSG B 12,150 100.00% Impervious Area j 1 I 1 "AI V DESIGN J�OJECTS SUPPORT SETTINGS ADMIN LOG OFF International DOWNSTREAM DEFEND R@ ;Lome- Design- DovdnstreamDefender[� f DESIGN INPUTS Le�DESIGN OUTPUT ® Save q Expot Q CAL aQUOte UNIT OF MEASUREMENT PRODUCT DETAILS ieiren�nc Settingg 9 Product Downstream DefenderO PROJECT INFORMATION visit Product Png L/ Structure No. Unit Reference DD_4FT_12DN KEY DIMENSIONS 8 8 Site Name O i Unit Size;4ft 1 E UNIT SELECTIONS Maximum Inlet Pipe Size: Unit Size(ft) (. ... l Oil Storage Capaci 4 I Maximum Outlet Pipe Slze; 70ga1 l 12in Minimum Sediment Storage Capacity:0.7yd3 Unit Depth Excluding ® Design Cover:6.55ft S don't know the unit size ®Whlch treatment system should i use?fJ UNIT DIMENSIONS A Unit Size(ft) 4 0 ®Minimum Unit Depth Excluding Cover(ft) 6.55 Rim Elevation(ft) 6.88 . .... ..... ...........- ...._...__. [ i [I I Inlet invert Elevation(ft) 3.08 [ i Calculated fle1d:Pullet Invert Elevation-Inlet Pipe Diameter i Outlet Invert Elevation(ft) 4.08 CONFIGURATION Arrangement OnUne Offline © O Peak Flow Rate(cfs) 3 ID ©Inlet Pipe Diameter(in) 112 1 DESIGN P 2oJECTS SUPPORT 5ETTHK. Aa119.1L1 L(.5.O_EE Infernafional�� ®Outlet Pipe Diameter(In) ( I Z 1 The proposed configuration Is valid I ' I PERFORMANCE AND HYDRAULICS i I Max.Treatment Flow-Rate(cfs) 1.56 For headloss Information please contact Hydro at stormwaterinqulry@hydro-int.com STORAGE Q Oil Storage Capacity(gal) 70 Minimum sediment Storage Capaclty(yd3) 0.7 FEATURED PRODUCTS RELATED OUR NETWORK PRODUCTS First Defenset In 94 I-lutcitins Drive > 1ll,-I'1o(J)I ilia i Poniard,ME 04102 United States Downstream Defend(�r(o > I iydw Urysw'110 Phone:+1 Q07)756-6200 1lydro-Br3kp(0 Optimum USEFUL LINKS de slgntools@)IlydIo-ir)Lcom > Slorrntrain To.�l i i t,:i I lyrlro International Terms anal Condillons Privacy ! i A I Hydro International �Ro Downstream Defender° High-Level Treatment in a Small Footprint Product Profile Applications The Downstream Defender'is an advanced vortex separator used to • Removal of total suspended solids(TSS),floatable trash and treat stormwater runoff in pretreatment or stand-alone applications. petroleum products from stormwater runoff Its unique flow-modifying internal components distinguish the • Now construction or redevelopment of commercial and residential Downstream Defender' from conventional and simple swirl sites separators that typically bypass untreated peak flaws to prevent . Pollutant hotspots such as maintenance yards,parking lots,gas washout of captured pollutants. Its wide treatment flow range, low stations,streets, highways, airports and transportation hubs headless, small footprint and low-profile make it a compact and economical solution for capturing nonpoint source pollution. •Site constrained LID or green infrastructure based developments • LE1;17I'development projects Components 1. Inlet to Precast Vortex 4. Outlet Pipe Advantages Chamber 5. Sediment Storage Sump 2. Cylindrical Baffle 6. Access Lid • Special internal components maximize pollutant capture and 3. Center Shaft minimize footprint, headless and washout ----- 6 •Captures and retains a wide range of TSS particles • High peak treatment flow rates ' •Treats the entire storm with no washout or untreated bypass flows • Low maintenance requirements-no dredging required,and no screens or media to block 3 •Variable inletloutlet angles for ease of site layout 1 How it Works ...u,. Advanced hydrodynamic vortex separation is a complex hydraulic 4 process that augments gravity separation with low-energy rotary 'f forces. The flow modifying internal components used in the Downstream Defender'harness the energy from vortex flow and 2 maximize the time for separation to occur while deflecting high scour velocities(Fig.1). Polluted stormwater is introduced tangentially into the side of the precast vortex chamber to establish rotational flow. A cylindrical baffle with an inner center shaft creates an outer(magenta arrow) 5 and inner(blue arrow)spiraling column of flow and ensures maximum residence time for pollutant travel between the inlet and outlet. 011,trash and other floating pollutants are captured and stored �s on the surface of the outer spiraling column. Low energy vortex motion directs sediment into the protected sump region. Only Fig.1 The Downstream Defender°has internal components after following a long three-dimensional flow path is the treated designed to maximize pollutant capture and minimize pollutant stormwater discharged from the outlet pipe. Maintenance ports at washout. ground level provide access for easy inspection and clean-out. Stormwater Solutions hydro-int.comldsdefender I Downstream Defender° Drainage Profile Inspections, Repairs and Clean-out The Downstream Defender°is designed with a submerged Nobody maintains our systems better than we do. To ensure optimal, ongoing tangential inlet to minimize turbulence within the device, device performance, be sure to recommend Hydro International as a preferred Turbulence increases system headlosses and reduces service and maintenance provider to your clients. performance by keeping pollutant particles In suspension. k, The inlet elevation of the Downstream Defender'is located one inlet pipe diameter lower than the elevation of the outlet invert(Fig.2).This arrangement ensures that influent flows are introduced to the treatment chamber quiescently below the water surface elevation,minimizing turbulence. The unique flow-modifying internal components also z� i 9 fy� g p minimize hydraulic losses.There are no internal weirs ork orifices; large clear openings ensure low headioss at peak flow rates with little risk of blockages that cause upstream flooding. : 1 t 1 . to schedule inspectionand clean-out or Sizing & Design at . . The Downstream Defender1'can be used to meet a wide range of stormwater treatment objectives. It is available in 5 precast models that fit easily into the drainage network(Table 1),Selection and layout of the appropriate Downstream Defendeo model depends on site hydraulics, site constraints and local regulations. Bath online(Fig.3a)and offline(Fig.3b)configurations are common. Downstream Upstream Defendar® Downstream D # d r° Manhole e en e Weir Wall .. Fig.3a The Downstream Defender'in an online configuration. Fig.3b The Downstream Defender°In an offline configuration. _ Free Sformwater Sizing Tool This simple online tool will recommend the outlet best separator,model size and online/offline Elevation site-specific Inlet ...._.._...---_....... arrangement based on site-speci FY _.,. Elevation entered by the.user. Go to.hydro-int.comisizing o access the tool.' F19.2 The Downstream DefendoO has a submerged Inlet that reduces head loss and improves efficiency of pollutant capture. Table 1. Downstream Defender°Design Chart. Minimum Model Peak Maximum Sediment Standard Height Oil Storage Distance from Number and Treatment Flow Pipe Storage from t Invert Diameter Rate Diameter Capacity Capacity Outlet Invert to to Sump Floor •• of g. 4 1,2 3.0 85 12 300 70 265 0.70 0.53 2.8 4.85 4.1 1.25 6 1.8 8.0 227 18 450 216 818 2.10 1.61 3.2 0.98 5.9 1.80 8 2.4 15.0 425 24 600 540 2,044 4.65 3.56 4.2 1.28 7.7 2.35 10 3.0 25.0 708 30 750 1,050 3,975 8.70 6.65 5.0 1.52 9.4 2,85 12¢ 3.7 38.0 1,076 36 900 1,770 6,700 14.70 11.24 5.6 1.71 11.2 3.41 "Not available in all areas. Contact Hydra International for details. Hydro International,94 Hutchins Drive,Portland, ME 04102 Stormwater Solutions Tel: (207)756-6200 Fax:(207)756-6212 hydro-lnt.com/dsdefender Kmaii alnrmsnrafarinnuin�(nlhtrrlrn_rnf rnm ih1Ah•txnnnn�hvrlrn_Int nnm r,r,.,r,a��. P&"1-617 6ti SIT,: FOR REGISTRY USE VICTMTY MAP MAP 107A LOT 148 ynv 107A NUP T—LDT 40 17 xte or PUN wrNrKra MR INC oNOR n.R rAnok EISUZNT t T r Ml FOR�F STAnON ml e CERTIFICATIONS- 1) CCK Y�, T TNC SURV R—�W,TN[MPCRIY UNCo 20'CGNSIRUCMONJ _Fs Or b.--I-——— EASNENT I LN=or�, =MD WA�OHO-ME tt L OF x5dc OR PWI-M WAYS ALAEPaY FSlECISHFa.—NO NM LNO MR 0M 0.OF a6�Na O NCRoNl-OR FOR NN .'WE SHO-. —�T�c S�——cmm To TRC�� PROC U�MD�N��AN�,FOR ME�or `7 N THI=—�FOR WE V%Ty ��P i W"PR AHM N—w A0=EASM vnTrt iNG r+RLG'-D RLM TONS OF TNL Ka,=01 D=,Or' CN.011—or IL 20- 0, Gt NOA OONON SALEM TURNPIKE ROUTE 114 (pua c-MO.mO ROW_-14R6 WTI.AluR—La T} EASEMENT PLAN aew.tco FOR: MESM DEVELOPMENT CORPORATION "0,D W,,M ROW OW, �4;I ol C ACCESS EASEMENT This Access Easement is made as of this 29"'day of August, 2000 by Mesiti-Moore's Falls, LLC, a Massachusetts Limited Liability Company with a mailing address of 231 Sutton Street, Suite F, North Andover, MA 01845 (the"Developer") and the Town of North Andover, a Massachusetts municipal body with a mailing address c/o Town Manager, Town Hall, 120 Main Street, North Andover, MA 01845 (the"Town"). 1. The Developer has caused to be constructed a sewer line (the "Developer's Sewer Line") extending from Developer's project known as Forest View Estates(a definitive subdivision A" as shown on the Subdivision Plan recorded with the Essex North District Registry of Deeds ( 138 97 as Plan 13362 and Plan 13727) ("Forest View Subdivision") extending along Route Q7 114/Turnpike Street to be connected to the existing Town of North Andover municipal sewer system in the vicinity of Hillside Avenue. The Developer's Sewer Line is depicted on the plans on file with the North Andover Department of Public Works, 2, The Developer's Sewer Line utilizes two pumping stations (collectively the "PUX90 AN10:30 Stations"),one constructed in Forest View Subdivision on Palamino Drive in the vicinity of its intersection with Route 114/Turnpike Street, in the area designated "PUMP STATION AREA" as shown on Plan Number 13727, and the other being constructed on a portion of the land located at 1275 Turnpike Street,North Andover, MA, said portion being the area shown as"PUMP STATION AREA"on a certain plan entitled"Plan of Land- Assessor's Map 107A, Lot 148" drawn by MHF Design Consultants, Inc. dated May 23, 2000, to be recorded herewith. For purposes of this Access Easement, the areas so designated on said two plans as "PUMP STATION AREA" are referred to herein as the "Pumping Station. Areas". 3. The Developer recognizes that Developer is currently responsible for the operation, maintenance and repair ofthe Developer's Sewer Line,including the two Pumping Stations. 4. The purpose and intent of this Agreement is to provide the Town with easement rights enabling the Town to reconstruct,repair,replace,service and inspect the Pump Stations and related equipment and facilities, and to have access over the Roadways in the Forest View J% Subdivision and the Pumping Station Areas to the Developer's two Pumping Stations,but solely for inspection purposes and for the Town's ability (but not the obligation) to make emergency repairs to the same(the "Access Purposes'), 5. Developer hereby grants to the Town with Quitclaim Covenants,for the benefit of the Town and the Town's .designees, employees, agents, contractors, for and assigns, a permanent perpetual right and easement solely for the Access Purposes,including the right (i) to install, construct, reconstruct, repair, replace, service and inspect the Pump Stations within and upon each of the Pump Station Areas,(ii)to install,construct,reconstruct,repair, replace,service,inspect and operate pipes,mains,and related equipment,fittings,manholes i t BK 5942 FAG 26 and appurtenances in connection therewith(the"Related Facilities"),and(iii)to enter upon and have access to the Roadways in the Forest View Subdivision and the Pumping Station Areas, from time to time, at such point or points as the Town may deed expedient or necessary with men, equipment, vehicles, machines and materials for purposes of reconstructing,repairing,replacing,servicing and inspecting said Pump Stations and Related Facilities, and to make such excavations as may be necessary to perform the foregoing. Except for emergency situations,the Town will provide the Developer with at least 24 hour advance notification that the Town intends to access the Pumping Stations; no advance notification shall be required for the Town's access to all other pants of the Developer's Sewer Line beyond said Pumping Stations. Except for emergency situations,the Town shall not alter or change any of the elements or components of the Developer's Sewer Line. 5. In the event that the Town elects to make any type of emergency inspection or repairs (the "Emergency Actions")to the Developer's Sewer Line and/or the Pumping Station,the Town shall notify the Developer in writing as promptly as possible following such Emergency Actions but in all events the Town shall send such written notification within 24 hours after said Emergency Actions have been taken,which notification shall specify what Emergency Actions were taken, and what elements of the Developer's Sewer System were repaired, changed or modified. The Developer shall reimburse the Town upon demand for the reasonable costs of any Emergency Actions taken by the Town. 7. Developer shall not erect any permanent building or improvement or perform any work or grant any rights to any other parties which will or might interfere with the use and enjoyment of the rights and easements granted to the Town herein. Any cost of eliminating any such interference shall be paid by the Developer to the Town promptly upon demand therefor. 8. The rights granted hereunder shall in no way be constructed as a grant to the Town to permit any other connections to be made to the Developer's Sewer Line or Pumping Stations, R. The easement rights granted to the Town under this Access Easement are permanent and perpetual. 10. The Developer,and its successors or assigns with respect to the Pumping Station and/or Sewer Line,shall indemnify,defend and save harmless the Town of North Andover and its Division of Public Works and their respective employees,officials and agents(the"Town") against all suits, claims,judgments or liability of every name and nature arising at any time out of or in consequence of the acts of the Town or its agents, employees and officials but solely in connection with (a) the performance of the Access Purposes covered by this easement and (b)the failure of the Developer,and its successors or assigns with respect to the Pumping Station and/or Sewer Line, to comply with the terms and conditions of this easement. r 11. This Access Easement shall take effect as a sealed instrument,and shall inure to the benefit of and be binding upon, the successors and assigns of each party. Signed as a sealed instrument this Z day of August, 2000. Mesiti-Moore's Falls,LLC The Town North Andover By, By: 4wc� I y�GU a. Anth siti,Manage4er ,.Town Manager COMMONWEALTH OF MASSACHUSETTS Essex, ss August, 2000 Then personally appeared the above-named Anthony Mesiti, Manager of Mesiti-Moore's Falls,LLC and acknowledged the foregoing instrument to be his free act and de and that of Mesiti Moore's Falls, LLC, before me, Notary Public: My Commission Expires: W/d COMMONWEALTH OF MASSACHUSETTS oc-r�beR Essex, ss 2000 Then personally appeared the above-named , and acknowledged the foregoing instrument to be his/her free act and deed as Aoft Town Manager of the Town of North Andover, before me, Notary Public: My Commission Expires; ` c,uary Aa,�o�'1 G:MEAL-EST AGREEMN-Rmesititicenseagre4adoc BK 5563 PG 47 SEWER EASEMENT AGREEMENT This Sewer Easement Agreement made as of this 28th day of September, 1999 by and between Anthony Mesiti, 231 Sutton Street, Suite 2F, North Andover, MA 01845 (hereinafter referred to as "Grantor") and Mesiti-Moore's Falls, LLC, a Massachusetts limited liability ' company with a mailing address of 231 Sutton Street, Suite 2F, North Andover, MA 01845 (hereinafter referred to as"Grantee"). CA WHEREAS, Grantor is the owner of a certain parcel of land and other improvements thereon, situated on Route 114, Salem Turnpike, North Andover, Essex County, Massachusetts pursuant to that deed of Boston Hill Ski Area, Inc, recorded with the Essex North District Registry of Deeds prior hereto and more particularly shown on a plan of land entitled "Plot of land to be conveyed by John C. Farnum"dated November 19, 1974 and prepared by Raymond C. Pressey, Inc. Registered Land Surveyors (the "Plan"), said lot containing 100,000 square feet more or less, (said lot being referred to as the "Grantor Parcel") said Plan being recorded at said registry as Plan No. 7,141. ISEP 2 0"R`„MM-`; 9 WHEREAS, a Pump Station Plan was prepared in connection with this Sewer Easement Agreement, said Pump Station Plan entitled "Easement Plan, Salem Turnpike - Route 114, prepared for Mesiti Development Corporation dated October 2, 1998, and prepared by MHP' Design Consultants, Inc. (the"Sewer Plan") such Sewer Plan being recorded herewith; and WHEREAS, Grantor and Grantee, for and on behalf of themselves, their successors and assigns, each desire to enter into the within Sewer Easement Agreement to evidence the granting of such easement in gross to and for the benefit of Grantee, its successors and assigns, for sewer related purposes, 0 m as NOW, THEREFORE, in consideration of the foregoing and for other good and valuable Of consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: a1. Grantor for and on behalf of itself, its successors and assigns, does hereby grant to Grantee, to and for the benefit of Grantee and Grantee's successors, assigns, lessees, and x licensees the following Utility and Access Rights: The perpetual right, on a non-exclusive basis, �j 0 in gross, to use in common with Grantor and all others entitled thereto, the utility and access areas(including any replacement or alteration)owned by Grantor and located within the area laid out on the Grantor Parcel as shown on -the Sewer Plan (the "Access Easement Area") and F,y otherwise to enter upon the Access Easement Area in order to lay sewer lines, equipment, and related utilities and to gain access to maintain, repair or replace the sewer pumping station and sewer system. Grantee shall have the right as it deems necessary, to clear, pave, maintain, repair 0- or replace the Access Easement Area and to use said Access Easement Area as a right of way, with the right to pass and repass over said Area as is necessary and appropriate consistent with o this Sewer Easement Agreement. Further, Grantee shall have the affirmative obligation to 0. restore, repair and replace any such damage caused to the Access Easement Area as results from Grantee's use hereunder this Sewer Easement Agreement. BK 63 PG 4 2. Grantor for and on behalf of itself, its successors and assigns, does hereby grant to Grantee for the benefit of Grantee and Grantee's successors, assigns, lessees, and licensees, the following Construction Rights: The perpetual right, on a non-exclusive basis, in gross, to use the construction easement area (including any replacement or alteration) located within the area laid out on the Grantor Parcel as shown on the Sewer Plan (the "Construction Easement Area"), for purposes of constructing the Sewer Pumping Station and all related structures, tanks, pipes, conduits, equipment or other personalty, and otherwise to enter upon the Construction Easement Area in order to gain access to construct, re-construct, maintain, repair or replace the sewer pumping station and sewer system. Grantee shall have the right as it deems necessary, to clear, pave, and regrade the Construction Easement Area, as a right of way, with the right to pass and repass over said Area, and to use said Construction Easement Area to store materials and equipment, and to support all construction related activities, as is necessary and appropriate consistent with this Sewer Easement Agreement, Further, Grantee shall have the affirmative obligation to restore, repair and replace any such damage caused to the Construction Easement Area as results from Grantee's use hereunder this Sewer Easement Agreement. 3. Grantor for and on behalf of itself, its successors and assigns, does hereby grant to Grantee for the benefit of Grantee and Grantee's successors, assigns, lessees, and licensees, the following Sewer Rights: The perpetual right, on an exclusive basis, in gross, to use the permanent easement area (including any replacement or alteration) located within the area laid out on the Grantor Parcel as shown on the Sewer Plan (the "Sewer Pumping Station Easement Area"), including the right to construct and re-construct the Sewer Pumping Station and all structures, tanks, pipes, conduits, equipment or other personalty as desired by Grantee or related thereto, and otherwise to enter upon the Sewer Pumping Station Easement Area in order to gain access to construct, operate, maintain, repair or replace the sewer pumping station and sewer system. It is understood and agreed that Grantee shall be solely responsible for the repair, maintenance and replacement and other operating costs of the Sewer Pumping Station Easement Area, as pertains to Grantee's use thereof. 4. Prior to construction of the Sewer Pumping Station, Grantor grants to Grantee the right to relocate the Areas identified in Paragraphs 1 through 3 hereof(the"Sewer Rights Areas") to areas within the Grantor Parcel which are no more detrimental to the Grantor and which are mutually agreeable to Grantor. Once construction of the Sewer Pumping Station has been completed, and in any event no later July 1, 2001, it is agreed that Grantee shall no longer have rights to relocate the Sewer Rights Areas and commencing at time, Grantor shall have the right to relocate the Access Easement Area(and to the extent of any continuing construction activities the Construction Easement Area)to areas within the Grantor Parcel provided that such Areas provide Grantee, or Grantee's successors and/or assigns, with similar unobstructed access, for right of way and construction purposes, to the Sewer Pumping Station Easement Area(the"Replacement Easement Areas'). In designing the Replacement Easement Areas, Grantor shall be obligated to provide Grantee, or Grantee's successors and/or assigns, with unobstructed access to all of the facilities located, or to be located, within the Sewer Pumping Station Easement Area, on a non- exclusive basis, to be shared in common with Grantor and Grantor's tenants, invitees, guests and - 2 - r other authorized users, which access shall be similar and unobstructed, to the same degree as was provided by the Access Easement Area and Construction Easement Area as originally set forth in the Sewer Plan. 5. All references to Grantor and Grantee in the foregoing grant of access rights shall mean and include their respective successors and assigns and any lessees, or licensees,of Grantor and Grantee and their respective successors and assigns, and the access rights and rights as herein granted shall inure to the benefit of and be binding upon Grantor and Grantee, and, in each case, their successors and assigns and the benefit and burdens thereof shall run with the land. S. The parties hereto agree that neither they nor their successors or assigns shall suffer or permit any mechanics' or materialman's lien claims to be filed against the land or rights of the other hereunder this Agreement. 7. Grantee agrees to obtain, at its own cost and expense, any and all permits, licenses or approvals as may be necessary in connection with the construction of the Sewer Pumping Station. 8. Any and all notices, demands, consents or approvals required hereunder shall be given in writing in accordance with this Paragraph. Any notice shall be deemed duly served if delivered by reputable overnight courier, or mailed by registered or certified mail, return receipt requested, postage prepaid, addressed to the party at the address listed below or at such address as either party or their successors and/or assigns, respectively, may from time to time designate. All notices shall be deemed sufficiently served or given for all purposes hereunder on the earlier of(i) receipt of such notice of(ii) two (2) business days after such notice shall be deposited with a reputable overnight courier or in a post office or branch post office regularly maintained by the United States Government, with all delivery and/or postage charges prepaid, Grantor: Anthony Mesiti, Manager 231 Sutton Street Suite 2F North Andover,MA 01845 With a copy to: Devine,Millimet &Branch 12 Essex Street,Box 39 Andover, MA 01810 Attn: Michael D. Rosen, Esq. 3 _ Grantee: Mesiti-Moore's Falls, LLC Anthony Mesiti, Manager 231 Sutton Street Suite 2F North Andover, MA 01845 9. The granting of the right to Grantee herein shall in no way interfere with the right of Grantor (or its successors in title) to enter upon, 'inspect, use or care for their land at any time. If, after the execution of this easement, it is necessary for Grantee to enter upon the Grantor Parcel to make repairs or otherwise maintain or replace the sewer system therein, then in any such event, Grantee agrees to exercise the right granted hereunder so as to avoid to the greatest extent reasonably possible any disruption to the use and improvement of the Grantor Parcel including, without limitation, any interruptions to travel and to restore areas affected by the entry and repair and maintenance work to the same condition as prior to any such entry. 10. This Agreement may be executed in more than one counterpart, each one of which shall be deemed an original and which, when taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have executed this Sewer Easement Agreement as a sealed instrument as of the date first above written. Grantor: C/ Anthony Mk4ti,Xdividually Grantee: MESITI-MOORE'S FALLS,LLC: Anthony Me ' ,Manager 0:1REAL-E$TiEA5 EMEN'I1Moore'sFal lsEasement - 4 - HANCOCK ASSOCIATES Surveyors Engineers ( Scientists 21942 Town of North Andover Mr, David Sampson Planning Board 1270 Turnpike Street 120 Main Street N. Andover, MA 01845 N. Andover, MA 01845 November 6, 2020 a Modifications or Waiver requests for Zoning By Law in North Andover: Part 1 - Off Street Parking and Loading § 195-8.5 & 8.6 § 195-8.5,A. Design standards. All required parking areas shall have minimum dimensions of; • Two-Way aisle width of 25' Dimensions of parking spaces and maneuvering aisles. On any lot in any district, parking spaces and maneuvering aisles shall have the minimum dimensions set forth in the following table and this Part 1, unless specifically stated elsewhere in this bylaw and/or as modified upon the recommendation of the Planning Board, 1) § 195-8.5.A. Request a modification by the Planning Board to reduce the parking aisle width from 25' to 24' as it exists today. § 195-8.5.D. Surfacing, drainage, and curbing. Parking areas shall be graded, surfaced with asphalt, concrete, or other suitable non-erosive material, and drained in a manner deemed adequate by the Planning Board to prevent nuisance of erosion or excessive water flow across public ways or abutting properties, and natural drainage courses shall be utilized insofar as possible. Curbing, with the addition of guardrails wherever deemed necessary by the Planning Board, shall be placed at the edges of surfaced areas, except driveways, in order to protect landscaped areas and to prevent the parking of vehicles within required setback areas, 2) § 195-8.5.D. Request a waiver to allow for pavement without curbing in the vicinity of the Access easement to the Pump Station as it exists today, § 195-S.G.E. Village Commercial District. § 195-8.6.E. (1) Parking lots shall be provided only at the side or to the rear of the buildings. The Planning Board may, at its discretion, allow up to 50 spaces, or 25% of the total parking, whichever is greater, to be located to the front of the structure as long as all other dimensional criteria are adhered to. 3) § 195-8.6.E. (1) Request a waiver to allow for parking at the front of the property. This waiver was granted in the Approved Site Plan of 2001. 185 Centre Street I Danvers, MA 01923 1 V. 978-777-3050 1 F. 978-774-7816 1 HancockAssociates.corn BOSTON, CHEL.MSFORD, DANVERS, MARLBOROUGH, NEWBURYPORT, PRINCETON, MA i CONCORD, NH E e E HANCOCK ASSOCIATES I Surveyors I Engineers I Scientists 21942 § 195-8.6.E. (2)No single section of parking may contain more than 25% of the total proposed parking spaces or more than 50 spaces, whichever is less. As a method of division, six-foot-wide parking lot islands shall be installed to provide the proper break between adjacent parking lots. For projects which require fewer than 50 spaces in total, the Planning Board may allow 50 spaces to be located together if an effective visual buffer is provided. Each landscaped island must be six feet in width at the minimum. In locations where the possibility exists to enlarge the entire island or portions thereof, the Planning Board would recommend that such measures be taken. 4) § 195-8.6.E. (2). Request the Boards to allow for one landscaped island to be three (3) feet and planted with ground cover. In regards to the landscape island to be six (6), this requirement alludes to parking lots where the parking spaces face each other. This is not the case in this design. Part 3: Site Plan Review § 195-8.14 Information Required § 195-8.14 C. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All stormwater management plans and drainage calculations must be submitted with the stamp and signature of a professional engineer(PE) licensed to conduct such work in the Commonwealth of Massachusetts. 5) § 195-8.14 C. Request a waiver that all landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. § 195-8.14 E. The following information must be submitted along with the application: § 195-8.14 E. (1)North arrow/location map. A North arrow and a location map showing surrounding roadways and land uses adjacent to the site at a scale of one inch equals 1,500 feet. The location map should show at least one intersection of two existing Town roadways. i 6) § 195-8.14 E. (1) Request a waiver for a location map at a scale of one inch equals 1,500 feet. Location map scale is one inch equals 2,000 feet. § 195-8.14 E. (5) Existing topography 50 feet beyond the perimeter of the parcel as it appears on the most current Town of North Andover topographic rapping shall also be shown. 7) § 195-8.14 E. (5) Request a waiver showing topography 50 feet beyond the perimeter of the parcel. 185 Centre Street Danvers, MA 01923 V. 978-777-3050 F. 978-774-7816 HancockAssociates.corn BOSTON, CHELMSFORD, DANVERS, MARLBOROUGH, NEWBURYPORT, PRINCETON, MA ( CONCORD, NH i I HANCOCK ASSOCIATES Surveyors I Engineers I Scientists 21942 § 195-8.14 E. (6) Zoning information. All applicable Zoning Bylaw information shall be provided regarding the site's development. This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor area ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board. i 8) § 195-8.14 E. (6) Request a waiver from providing all zoning information as this was submitted with the Approved Site Plan Approval of 2001. § 195-8.14 E. (7) Drainage area map. A drainage area neap showing pre- and post-construction watersheds, subwatersheds and stornrwater flow paths, including municipal drainage system flows. 9) § 195-8.14 E. (7) Request a waiver from providing a drainage area map. A Stormwater memo has been provided. § 195-8.14 E. (8) Stormwater management plan. All applications for site plan review shall include the submittal of a storniwater management plan prepared in accordance with the latest version of the Massachusetts Stormwater Handbook and additional criteria established herein and demonstrating full compliance with the Massachusetts Stormwater Standards and the North Andover Stormwater Management and Erosion Control Regulations promulgated under Chapter 165 of the Town Bylaws (Stormwater Management and Erosion Control Bylaw). 10)§ 195-8.14 E. (8)Request a waiver from providing a Stormwater Plan. A Stormwater memo has been provided. § 195-8.14 E. (9) Building location. Identification of all existing and proposed structures located on the site. The number of stories, overall height in feet and gross floor area in square feet of all structures shall be indicated. 11) § 195-8.14 E. (9) Request a waiver from proving the existing building's overall height. § 195-8.14 E. (10) Building elevation. A drawing of the exterior of the building, as viewed from the front (street view), must be submitted. The Platuling Board may request side and rear views if relevant to the Board's review. This drawing must be at least eight inches by I I inches in size. 12) § 195-8.14 E. (10) Request a waiver from providing building elevations. § 195-814 E. (16) Landscaping plan. The general outline of existing vegetation,wooded areas, significant trees, unique species and/or tree clusters and the extent of all vegetation, wooded areas, significant mature trees (>12 inches DBH), unique species and/or tree clusters to be removed and identification of the location and landscape schedule of all perimeter and interior landscaping, including but not limited to proposed paving materials for walkways,fences, stone walls and all planting materials 185 Centre Street Danvers, MA 01923 V 978-777-3050 F: 978-774-7816 ( HancockAssociates,com BOSTON, CHELMSFORD, DANVERS, MARLBOROUGH, NEWBURYPORT, PRINCETON, MA CONCORD, NH i HANCOCK 3 ASSOCIATES Surveyors ( Engineers Scientists 21942 to be laced on the site, An landscaping required b the Town bylaws shall be indicated on the site tan P Y p g q Y Y p in tabular form showing the amount required and the amount provided. 13 195-8.14 E. 16 Request a waiver from providing a Landscaping Plan. We will work with the ) § ( ) q P g p g Planning Board to provide appropriate and agreeable landscaping on-site. § 195-8,14 E. (19) Traffic impact study. Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. For projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board. 14) § 195-8.14 E. (19)Request a waiver from providing a traffic study. This waiver was granted in the Approved Site Plan of 2001, § 195-8.14 E. (22) Fiscal impact. Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and infrastructure improvements; and impacts on adjacent property values. 15) § 195-8.14 E. (22) Request a waiver from providing a Fiscal Impact Statement beyond what has been stated in the application. § 195-8.14 E. (23) Community impact. Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency,pedestrian movement and overall character; impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency and compatibility with existing local and regional plans. 16) § 195-8.14 E. (23) Request a waiver from providing a Community Impact Statement beyond what has been stated in the application. Part 4: Screening and Landscaping of Off-Street Parking § 195-8.18 & 8.19 § 195-8.18 Commercial and Industrial Districts § 195-8,1 S.A. A strip of land at least six feet wide (may be part of required yard setbacks) with trees or shrubs densely planted, to create at least an impervious screen, at least four feet high at the time of planting and which are of a type that may be commonly expected to form a year-round impervious screen at least five feet high within three years. 17)§ 195-8,18.A. Our Client is happy to provide a hedge of shrubbery for screening along Route 114 in lieu of the proposed trees. 185 Centre Street ( Danvers, MA 01923 V: 978-777-3050 F, 978-774-7816 HancockAssociates.com BOSTON, CHELMSEORD, DANVERS, MARLBOROUGH, NEWBURYPORT, PRINCETON, MA CONCORD, NH r i HANCOCK ASSOCIATES Surveyors Engineers Scientists 21942 § 195-8.18.D. For all off-street parking areas of 20 or more spaces the following criteria shall also apply: (1) On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for every 30 linear feet. i 18)§ 195-8.18.D. Due to the proximity of the wetlands, we request that the location of the trees be placed by the Conservation Agent. § 195-8.19 Village Commercial Dimensional Requirements § 195-8.19.B.(1)All buffer zones must be designed by a registered Iandscape architect, or other professional as approved by the Planning Board. 19)§ 195-8.19.B.(1) Request the waiver from engaging in the services of a registered landscape architect. 185 Centre Street Danvers, MA 01923 V. 978-777-3050 F. 978-774-7816 HancockAssociates.com BOSTON, CHELMSFORD, DANVERS, MARLBOROUGH, NEWBURYPORT, PRINCETON, MA CONCORD, NH ti Abutter to Abutter( ) Building Dept, ( } Conservation { ) Zoning ( } Town of North Andover Abutters Ustinct REQU►REM✓;N7: MGt.40A,Soc ton 11 stales In part"Parllea in Interest as used In this chapter shall mean the pothioner, abutters,owners of land direcily opposite on any publlo or prhrate way,and abutters to abutters Wthin throe handfed(300)feet of the property Has,of the pathloner as they appear on the most recent applicable tax Hst,not withstanding that the land of any such owner Is located In another city or town,the p'.an*g board of the city or town,and the planning board of ovary abutUng city or town." Sublect Properly: MAP PAS Name Address 107.A 148 1270 Turnpike LLC 1270 Turnpike Street,North Andover,MA 01845 Abutters Properfles i Man a col Name Address 1 07.A 34,40,252,255 John Farnum Estate 426 Farnum Street,North Andover,MA 01845 107.A 43 Seven Slone Really Trust PC Box 363,North Andover,MA 01845 107,A 284 Brlghtview North Andover LLC 444 West Lake Street,Chicago, IL 60606 i I i I 1 l 1 1 I I This awiWi!!d that ltJe I1srm"sq8uft OIL# t�eeid� of the As"#Bw em of 3 COGO d by: Date/2 -g z? i i i i i i I 1 i BK 7088 FAG 98 Town of North ,Andover ����►+ Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Telephone(978)688-9335 Kathy McKenna Town Planner Fax(978)688-9542 September 16,2002 RE: Seven Hills Foundation Site Plan Special Permit 1270 Salem Turnpike Street To Whom It May Concern; Let this letter serve as my certification, in my capacity as Town Planner for the Town, of North Andover, that the date for filir►g an appeal for the Seven Hills Foundation Site Plan Special Permit , has lapsed. The one appeal filed during that period was dismissed with prejudice on August 18, CA 2002. An attested and certified copy of that dismissal was received by the North Andover Town Clerk on August 5, 2002(copy attached). �® It is my understanding that my certification along with an original stamped copy of the Notice of Decision dated October 31,2001 would be adequate for recording at the registry. Thank you for your cooperation. Sincerely, AKatthwyenna SEP 16'02 PH12:58 Town Planner Planning Department Head attachment fr cc: Planning File BOARD OF APPEALS 688.9541 BUILDIN0 688-9545 CONSERVATION 688.9530 I1[:ALTH 688-9540 PLANNING 688-9$33 c3-r= .7==e_ F'. Ue- F•t k,•��'i�tl��S1 C.OMMONWEAI..T1I Or MASSACHUSHVrS DEPARTMENT OF THE I.ANU COURT " {T1f A!:; t y� 0 Jc.F. C SSE X, ss. CAST: NO. 2763100Z AUG —a A 10: 21 111-NJAMIN Cr. VAItNUM. ) Plaintiff ) } K> SEVEN HILLS FOUNDATION, INC., AND JOI•ilr SIVIONS. AI.BERTO ANGLES. 1 I EMY ATTEST AND CERTIFY Ct + RICHARD NAI2Uk:UA and RICHARD ) rFUL ROWEN, AS THEY COMPRISE, THE ) -rRUI:Mlla COIKCTCOPY OF TH9 PI,ANNINO BOARD, FOR TI F 'TOWN OF } we" 9N FILE��MY OFFICE Li ttiORTII ANDOVER AND 'I'1-l~E TOWN OF } AND I MY . Y,JR NORTH ANDOVER, ) E Defendants BY STIPULATION( F_IDSMISSA ^e ev t"pC,C Purtiuitnt to Mass. R. Civ. P. 41 (a)(I)(ii), the plaintiff, Benjamin 0. Fa num. and the del'endants, Seven I•1111s,Foundation, Inc. and John Simons, Alberto Angles, Richard Narde it and Richard Rowen, as they comprise: the Planning Board for the Town of North Andover and they Town of North Andover, hereby stipulate and agree that this action Shall he and hereby is dismissed with prejudice and without casts with all rights of appeal waived. Dated: 7��r_l2002 Yil.NJAMIN0. SEVENIADA.S THE NORTH 1;ARNUM FOUNDA410N, INC., ANDOVER PLANNING BOARD and'THI~ By Iris attorney, By its attorney, TOWN OF NORTII w ANDOVER B att � y their' o me y, f` ^Fri cis iLuna, sq, .I:ticille B. Brennan,Estl, Thorn,d6O belis,Esq. 47 9 BBO# 54600 BRO# urtha Culli oche, Fletcher Tilmn Whipple, UrboliZPioldsteel •n. oCtiacomo, P.C. ilk, I.,I.,P *, LLP 370 Main Street, 1 0' 155 Federal Street 000 unicorn Park Drivo Floor Boston, MA 02110 Woburn: MA 0190I••3343 Worcester, MA OI608 eVITEST; A True Copy ate., . Town Clerrk E110. 7088 PG 100 , Town of North Andover ,�pRTti Office of the Planning Department REC Community Development and Services Div's % 27 Charles Street OI H , + North Andover, Massachusetts D1845 �►C Heidi Griffin 2001 OCT ajepWd3(9 688-953 Planning Director Pax(978)d88-�42 Notice Of Decision Any appeal shall be filed Within (20) days after the Date of filing this Notice 1� the Office of the Town Clerk Date: October 31, 2001 Date of Hearing: September 4, 2001, October 2, 2001, October 16, 2001 & October 30, 2001 Petition of: Seven Hills Foundation 81 Hope Avenue, Worcester MA 01603 Promises Affected: 1270 Salem Turnpilce Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 and 10.3. So as to allow: the construction of 5700 square foot'office building with related parking and landscaping in the Village Commercial Zoning District. After a public hearing given on the above date;the Planning Board voted to APPROVE, the Special Permit for Site Plan Review, based upon the following conditions: Signed: Ad J6 n S ons, Chairman Cc: Applicant Al erto Angles, Vice Chairman Engineer Richard Nardells,Clerk Abutters Richard Rowen DPW Felipe Schwan.,Associate Member Building Department Conservation Department Health Department ZBA BOARD OF APPEALS 688-9541 BUILDIN0 688,9545 CONSERVATION 688-9530 FII;ALTH 688-9540 PLANNIN0 688-95.O BK 7088 PG 101 1270 Salem Turnpike Street Site Plan Review -Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 5700 square foot office building with related parking and landscaping in the Village Commercial Zoning District. This Special Permit was requested by Seven Hills Foundation 81 Hope Avenue, Worcester, MA 01603. This application was filed with the Planning Board on August 3, 2001. 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 located in'the Village Commercial Zoning District and involves the construction of an office building, which is an appropriate use within the district. The building footprint is 4% of the lot coverage. The site design meets all of the Village Commercial special requirements, including massing, style, setbacks, and overall presentation. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The proposed use is a small professional office, will not alter any no-disturbance or wetland areas, will not introduce additional driveways onto the highway and will improve the appearance of the site with additional landscape screening of the existing pump station facility. The landscaping and pervious area includes 84% of green space including the wetlands. This is in accordance with Section 8.13a, which requires a minimum of 5% landscaping and green space must be provided for all parking areas. Within the first 50' there are seasonal plantings, silver mounds, blue junipers, flowering crabapples and other plantings. The planting plans continue along the perimeter of the parking lot, in front of the office building, around the picnic area and surrounding the propane tanks. 3. The parking lot contains 18 spaces, with the option of a 19'h space and is located in front of the building. In accordance with Section 8.13 the Planning Board may allow up to 50 spaces, or 25% of the total parking, whichever is greater, to be located to the front of the structure as long as all other dimensional criteria are adhered to. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. Access will be via a single drive, onto the State-controlled highway, and will not introduce a nuisance or serious hazard to vehicles or pedestrians. The site drive is 25' wide and is straight upon entrance. The site drive will be shared for both access to the proposed office building and to the existing pump station, An easement exists on the property for the existing pump station. The applicant has secured a permit from the Massachusetts Highway Department. 1 BK 7088 FAG 102 5. The project will.connect to existing sewer and water services. Sewer will be gravity piped to a gravity manhole at the existing pump station. The sewer design will accommodate the potential future connection for the immediate abutter by the provision of stubs at two locations along the property line. Water will be via a new l service connection at the street. Sufficient capacity exists for these utilities. The water connections will include provisions for sprinkling the building. 6. The site drainage system is designed in accordance with the Town Bylaw requirements. The project will incorporate the required TSS removal .for the site. The parking runoff will utilize a Downstream Defender treatment facility as well as a deep sump catch basin. Treated water and roof water will be routed via a subsurface detention basin system. The total peak discharge for the proposed conditions will not exceed the existing conditions as required. The drainage calculations for the site have been reviewed and approved by the Town's consulting engineer. 7. A fire hydrant will be placed at the access of the street as requested by the North Andover Fire Department. 8. The lot contains 69% Contiguous Buildable Area vs. the required 75%a. The Building Commissioner confirmed that the lot existed in the 1970's. The 75% CBA is for new lots created after 1986, and the Building Commissioner has determined that this lot is grandfathered from this requirement. 9. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw with the exceptions of waiver(s) granted in Condition#19. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 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 met: SPECIAL CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final plan must depict the removal of the sewer stubs at the abutter's (John C. Farnum Estate) request and the extension of the construction fencing. The final plan must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b) A bond in the amount of ten thousand ($10,000) dollars must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces, topography, 2 Y ` and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Department. c) The applicant must provide the Planning Department copies of approvals received from the Conservation Commission prior to endorsement of the plans. 2. Prior to the start of construction.- a) A construction schedule must be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) 'Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans and must be confirmed by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 3. Prior to FORM U verification: a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed 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 applicant is required to pay sewer mitigation fees at the Department of Public Works. Proof of payment must be supplied to the Planning Department. 4. Throughout and During Construction: a) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. b) During construction, the site must be kept clean and swept regularly. c) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. 5. Prior to verification of the Certificate of Occupancy: 3 i 1 1 a) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as 1I endorsed by the Planning Board. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. c) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: L All structures must contain a commercial fire sprinkler system. The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 6. Prior to the final release of security: a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense, Specifically after the drainage structure is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner will be added at the applicant'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 must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 7. 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 Q i piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. .Special attention needs to take place to ensure that any stockpiling and/or removal of materials stay within the boundaries of the lot and do not create additional debris to Route 114. 8. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 12. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 13. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 14. Any and all signage plans for the site which have been provided to the Planning Board during the site plan review process were presented for the materials of the signage only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. In no way is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the,jurisdiction of the Building Department. 15. 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. 16. 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, 17. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 18. This Special Permit approval shall be deemed to have lapsed after OA?-4 - 1) 5 i BK 7088 PG 106 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 19. The following waivers from the Town of North Andover Zoning Bylaw, dated May 2001, have been GRANTED by the Planning Board: a) Waiver to Section 8.3.5(c) requiring that landscape plans be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts has been GRANTED as the plans provided have been stamped by a civil engineer registered in the Commonwealth of Massachusetts and the landscaping plan exceeds the requirement mandated by Section 8.13.a for Village Commercial projects. b) Waiver to Section 8.3,5.e(xix) requiring that a traffic impact study be provided which projects the expected traffic.impacts to occur based upon the proposed project has been GRANTED. This waiver has been granted as the applicant has submitted a traffic impact statement which has been reviewed and approved by the town's engineering consultant, Vanasse, Hangen, Brustlin, Inc, and that the project has been permitted by the Massachusetts State Highway Department. 20. The following information shall be deemed part of the decision: Plan Titled: Assessors Map 107A Lot 148 Salem Turnpike—Route 114 North. Andover, Massachusetts 01845 Prepared for: Seven Hills Foundation 81 Hope Avenue Worcester, MA 01603 Prepared By: MHF Design Consultants, Inc 103 Stiles Road, Suite One Salem, NH 03079 Scale: 1"=20' Date: July 31, 2001, revised 10/15101 Sheets: 1-11 Report Titled: Drainage Calculations Prepared for: Seven Hills Foundation Prepared by: MHF Design Consultants, Inc 103 Stiles Road, Suite One Salem, NH 03079 Dated: June 22, 2001, revised October 11, 2001 Report Titled: Notice of Intent Prepared for: Seven Hills Foundation Prepared by: MHF Design Consultants, Inc 103 Stiles Road, Suite One 6 ` Salem, NH 03079 Dated: August 2, 2001 cc: Applicant Engineer File 7 I