HomeMy WebLinkAboutTODD, JOHN CIJ� IlItIIIU B�Ii�U RECEIVED
TOWN OF N O R T lI ANDOVER DANIEL- L0146
MASSACHUSETTS 0TOWNf R
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NOTICE OF DECISION
Date. . Apr'.. A,. 19M. . . . . . . . . . . . .
Date of Hearing 41?xt1 A4.. ?.988. . .
Petition of . ,.Toon B., Todo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected „South side,of,Salem,Turn ike,, Lot,B3 Salem Turn ike. . . . _ ,
.� . . .. . . . . . 1:
Referring to the above petition for a special permit from the requirements
of the , North Andover Zoning Bylaw, Section 8.3 and Section 2.30.1
. . . . . . . . . . . . . . °. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . .the construction,of,a sthree story, 22.,000,square foot, building,- storage
and the construction of a common driveway .
. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
Conditionally
to Apprc.ve. . . . . . . . . .the Si". PJan. Review.and .CammQm .DrJueway.Special .Rarmitz.. . .. ^
• r
based upon the following conditions:
cc: Director of Public Works Signed
Board of Public Works
Highway Surveyor Paul A., Hedspr9;t3 ,Qhgtimi%q ., , ,
- Tree Warden
Building Inspector Ceorgre Perna�,Vicg-Chairman „ . .
Board of Health
Assessors John L. Simons, Clerk
Conservation Commission
Police Chief Erich W. Nitzsche
Fire Chief . . . . . . . .. . . . .. . . . . .. . . . . . . .
Applicant , Interested Parties � � . . � °
Engineer, File Ett a' �&ax`Ytannif''kg' Board .
OFFICES OF: d�' ' ' Town of 120 Main Street
APPEALS � ' NORTH ANDOVER North Andover,
BUILDING y; .`'" Massachusetts 01845
CONSERVATION �""°'� DIVISION OF (617)685-4775
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
April 15, 1988
Mr . Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover , MA 01845 Re: Lot B3 Salem
Turnpike, Site Plan
Review through Special
Permit process and
Common Driveway Special
Permit
Dear Mr . Long :
The North Andover Planning Board held a public hearing on
Wednesday evening , March 2, 1988, in the Town Hall Meeting Room upon the
application of John B. Todd , 15 Windward Road , Lowell , MA, requesting
Site Pian Review and Common Driveway approvals through the Special
Permit process, Section 8.3 and Section 2.30. 1 of the North Andover
Zoning Bylaw. The hearing was advertised on February 16 and February
23, 1988 in the Lawrence Eagle Tribune. The following members were
present : Paul Hedstrom, George Perna, John Simons, Erich Nitzsche.
John Burke was absent .
The petitioner , through this Special Permit process seeks to
construct a 66,000 square foot building on a lot which contains 132,759
square feet which will be accessed by a common driveway off Route 114.
The site is adjacent to Route 114 and is located in an Industrial-2
( 1-2) Zoning District . The proposed storage building will have 3 floors
of 22,000 square feet each .
The Initial site plan for this site was submitted to the Board
on July, 1986 and a decision to deny the site plan was issued in
September 19, 1986. The reasons for denial of that site plan were as
follows%
1 . Lack of adequate landscaping plan
2. No application of common driveway
3. Problems with septic system design
4. Residential use of the building in an Industrial Zone
5. No drainage calculations
6. Major alteration of the wetlands which were not in
conformance with NACC policies
7. Lack of 360 degree access around the building for
emergency vehicles .
III
S. No traffic impact report submitted by the applicant
The Planning Board held a public hearing on September 28, 1987
for Special Permits for Site Plan Reivew and a common driveway.
Jerry Foley, John Todd and Allen Hixon presented the new site
plan to the Board . Major alterations were made to the landscape plan.
All of the abov=e reasons for denial cited above were addressed in this
application. The applicant has received a favorable Order of Conditions
by the NACC.
Landscape plans and building elevations were shown to the Board
attempting to discribe the amount of screening provided for this site .
The Planning Board requested that the landscape plan be developed such
that screening from Route 114 of the building would be accomplished with
mature 12 foot high blue spruce or other 12 month tree vegetation.
Screening must be on three sides sufficient to screen the building from
Route 114. Further , the plan showed that no garage or storage area
access door would be on the outside wall of the building . Garage doors
on the inside of the building only. The Board included as part of the
record of this application, all materials and input provided by the
Board at previous meetings with the application including September 28,
1987 meeting , since the information is relevant to the special permits
before the Board .
Motion by John Simons to close the public hearing , seconded by
George Perna and voted unanimously. The Town Planner sent a letter to
Gerard Fortin, P.E. , of Richard F . Kaminski & Associates, telling the
applicant that the F.A.R. issue needed to be addressed prior to December
10th or the Planning Board would be forced to write a decision denying
the Special Permit .
The applicant failed to supply the Planning Board with a plan
which was filed with the Registry of Deeds Office with the increased lot
size needed to meet the Town ' s F.A.R. Requirement contained in the North
Andover Zoning Bylaw. Therefore the Planning Board took no formal
action on the special permits before them.
On March 21 1988 the applicant presented a revised site plan to
the Board which reflected the new lot filed with the Registry of Deeds
Office which met the Town ' s F.A.R. Requirements. The new lot was
created by a Form A Plan approved by the Board on February 8, 1988 and
was filed with the Town Clerk on February 11 , 1988.
The Town Planner stated that the site plan is the same plan
presented to the Board on September 28, 1987, with the exception that
the plan shows a new lot which meets the Town ' s F.A.R. Requirements.
Chairman Paul Hedstrom stated that the Board includes as part of
the record of this application, all materials and input provided the
Hoard under- previous applications before them on this matter , since the
information contained in those applications and subsequent review in the
public hearings is relevant to the Special Permits before the Planning
Board now.
Upon a motion by John Simons and seconded by George Perna, the
Board voted unanimously to close the public hearing .
The Planning Board met on April 14, 1988, the following members
were present and voting : Paul Hedstrom, Chairman; George Perna,
Vice-Chairman; Jahn Simons, Clerk and erich Nitzsche. Also present was
Michael Leary, but did not vote on this matter _since he was not present
during the public hearing on this matter .
Lot B3 Salem Turnpike - Safe W Sound Mini Storage
Site Plan Review
Special Permit
The Planning Board makes the following findings:
1 . The applicant has addressed all of the reasons for denial listed
on the decision issued on September 19, 1987.
2 . The applicant filed suit in superior court seeking to overturn
the Boards initial decision on the site plan for this site. The
applicant is attempting to rectify the problems the Board found
in the initial decision by this new submittal . Since the Boards
initial decision was appealed within the mandatory 20 day appeal
period that decision has not taken effect . Therefore, the Board
does not need to make a finding that this application for a
Special Permit is specific and materially "changed" based upon
the conditions listed in the unfavorable action. This
application is not a Repetitive Petition - it is a new
application.
3. The site plan as submitted is in conformance with the Site Plan
Reivew Regulations of the Zoning Bylaw. (Section 8.3)
4. The history of the rezoning of the parcel involved with this
application is important to the Board decision. The Town
recognized this area along Route 114 as an exception to it
present residential character along Route 114 . The area was
rezoned in order to allow ABC Bus Company to locate their buses
in this location in Town. The Board views its responsibility to
the Town to approve the site plan with conditions which minimize
its visual impact to surrounding property which is zoned
residentially to a reasonable extent this will be done in
conformance with Section 10.31 (2) of the Zoning Bylaw.
5. A Form A Plan was submitted to the Planning Board which expands
the total lot area of Lot e3 in order to meet the ZOning Bylaw
F.A.R. Requirements of 50: 1 .
b. The Board makes the following findings with regards to Section
10.31 of the Zoning Bylaw:
(a ) The specific site is an appropriate location for such
a use and structure if constructed in accordance with
this decision.
(b ) The use as developed in accordance with this decision
will not adversely affect the neighborhood;
(c ) There will be no nuisance or serious hazard to
vehicles or pedestrians;
(d ) Adequate and appropriate facilities will be provided
for the proper operation of the proposed use;
(e ) Planning Board findings that the use is in harmony
with the general purpose and intent of the Zoning
Bylaw.
The Planning Board approves the Site Plan subject to the following
conditions:
1 . Septic design approved by the Board of Health .
2 . The development of the site must meet the Order of Conditions
issued by NACC.
3. The site should pave only 8 parking spaces. One ( 1 ) space shall
be a handicapped space properly marked . The shaded parking area
shown on the plan shall not be paved but seeded with grass.
4. The area shown between Salem Turnpike and the structure shall be
listed as a "no-cut" zone. This area shall not be cleaned and
grubbed , but left in its natural condition.
5. A 6 ' high wood fence shall be placed along three sides of the
property behind the landscaping required by this decision. The
ABC Bus Company frontage may be a chainlink fence.
6. All lighting on-site shall be directed down and not cast any
light on adjacent properties. A detailed lighting plan shall be
submitted to the Planning Board for approval , prior to the
issuance of a building permit .
7. Ail signage found on the site shall meet the requirements of the
Zoning Bylaw.
B. No garage doors or other types of access openings for the
storage spaces to the structure shall be on the outside of the
building . Access to the interior storage bays shall be from a
single access door located at each end of the building which
leads to an internal hallway.
7. The landscape plan shall be revised to show the planting of blue
spruce trees or other 12 month vegetation 12' high which shall
be planted 20 ' on-center in two staggered rows along three sides
of the lot visible from Route 114 . The purpose of this
condition is to screen the structure on three sides from view
from Route 114 .
The following plans shall be deemed approved by this conditional
decision:
Plan prepared for : Safe ' N ' Sound Mini Storage
Prepared by: Richard F . Kaminski & Associates
Dated : April 2, 1987 and revised August 21 , 1987 and
Landscape Plan entitled Safe ' N ' Sound Mini Storage,
prepared by Allen W. Hixon, Prepared on August 21 , 1987.
Revised Plans dated :_December 2, 1987, December 18, 1987
FInal Revision February 11 � 1988
Form A Plan which created Lot B-3 dated February 10 , 1988
Lot 93 Salem Turnpike
Common Driveway Special Permit
The Planning Board made the following findings regarding this Special
Permit :
1 . That traffic levels of both uses, Safe ' N ' Sound Storage and ABC
Bus Company, tend to be very low and this contention is
supported by a traffic analysis supplied by the applicant . A
single driveway for both uses should be sufficient .
2. That as a matter of public safety limiting the number of
curb-cuts along Route 114 assists in providing for the flow of
traffic along this major roadway and limits the number of
turning movement into and out of Route 114 .
3. The current driveway is built and it was constructed in
accordance with the Town ' s regulations.
The Planning Board grants the Special Permit for the common driveway as
shown in the following Plans:
Plan prepared for : Safe ' N ' Sound Mini Storage
Prepared by: Richard F. Kaminski & Associates
Dated : April 2, 1987 and revised August 21 , 1987 and
Landscape Plan entitled Safe ' N ' Sound Mini Storage,
prepared by Allen W. Nixon, Prepared on August 21 , 1987.
Revised Plans dated : December 2, 1987, December 18 , 1987
Final Revision February 11 , 1988
Form A Plan which created Lot B-3 dated February 10, 1988
Sincerely,
PLANNING BOARD
Paul A. Hedstrom,
Chairman
cc : Director Public Works
Board of Public Works
Highway Surveyor
Tree Warden
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
r t Special Permit
Site Plan Review
D VER; TOWN OF NORTH ANDOVER Safe N Sound
4, .,,
MASSACHUSETTS Mini Storage
August 24, 1987
An Zq 3 47 �'{� �$� PLANNING BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant John B. Todd Address 15 Windward Rd. Lowell MA
1. Application is hereby made
(a) For a Special Permit under Section S , Paragraph 8.3
of the Zoning By-Law.
2. (a) Premises affected are land x and buildings numbered
Lot 1-B ga? em-Turnpike Street.
(b) Premises affected are property with frontage on the North
South x East West side Of Salem Turnpike Street,
and known as No. Lot 1-B Salem Turnpike Street.
(c) Premises affected are in Zoning District 1-2 , and the premises
affected have an area of 1272947 s.f. and frontage of 340 feet.
3. Ownership:
(a) Name and address of owner (if joint ownership, give all names) :
ABC Bus Co. , P. 0. Box 596, Adrian St. , N. Andover, MA 01845
Date of purchase Previous Owner
(b) If applicant is not owner, check his interest in the premises:
X Prospective purchaser
Lessee
Other (explain)
4 . Size of proposed building:
220 ft. front; 100 ft. feet deep
Height: 3 stories; 34 feet.
begin construction Fall 1987
(a) Approximate date of erection s rin 19 8
(b) Occupancy or use (of each floor) P g
(c) Type of construction stee an ar ioi.st wit treated exterior
5 . Size of Existing Building: • NSA feet front: feet deep
Height: stories: feet.
(a) Approximate date of erection N/A
(b) occupancy or use (of each floor) N/A
(c) Type of construction N/A
6. Has there been a previous application for a Special Permit from'the
Planning Board on the premises? yes
If so, when July 21, 1986, Site Plan Review, April 6, 1987, Site Plan Review
May 26, 1987 Common Driveway
7 . Description, of purpose for which Special Permit is sought .on this
petition:
Special Permit required for Site Plan Review pursuant to Sec.8 Par. 8.3
N. Andover Zoning By-Laws.
8. Deed recorded in the Registry of Deeds in Book 1312 page 10
or Land Court Certificate No. Book Page
9 . The principal points upon which I base my application are as
follows: (must be stated in detail)
Required by zoning
I agree to pay for advertising in newspaper and postage fee for
ailing legal ot . es to "Parties in Interest" .
le- (Petitioner -
#U40 - 4 1 .a
Every appli ation for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the Clerk upon
request. Any communication purporting to be an application shall be
treated as mere notice of intention to seek relief until such time as it
is made on the official application form. All information called for by
the form shall be furnished y pp b the applicant in the manner therein
prescribed.
i
ti
Every application shall be submitted with a list of "Parties of
" abutters owners of .land
is .hall include the etitioner
Interest which s p �
directly opposite on any public or private street or way and abutters to
the abutters within three hundred (300) feet of the property line all as
they appear on the most recent applicable tax list, notwithstanding that
the land of any such owner is located in another city or town, the
Planning Board of the town and the Planning Board of every abutting city
or town.
LIST OF PARTIES OF INTEREST
NAME ADDRESS
Bernice A. Fink P. 0. Box 363, N. Andover, MA 01845
B & C Realty Trust 1175 Turnpike St. , N. Andover, MA 01845
Boston Hill Ski Area c/o Robert W. Dunn
18 Seery St. , Malden, MA
John C. Farnum 426 Farnum St. , N. Andover, MA 01845
Milton & Eileen Allen 1208 Turnpike St. , N. Andover, MA 01845
Norman J. & Maime M. Schroder 2474 Turnpike St. , N. Andover, MA 01845
Owner - ABC Bus Company P. 0. Box 596 Adrian St. , N. Andover, MA 01845
Engineer- Richard F. Kaminski & Assoc. , Inc,
200 Sutton St.
N. Andover, MA 01845
d
Special Permit
Common Driveway
P 01"fly TOWN OF NORTH ANDOVER Safe 'N' Sound
EI �ls=E. MASSACHUSETTS Boston Brook
10 � ri August 24, 1987
Mflr ` ` "R PLANNING BOARD
An 2� 3 47 PH '87
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant John B. Todd Address 15 Windward Rd. Lowell, MA
1. Application is hereby made
(a) For a Special Permit under Section 2 , Paragraph 30.1
of the Zoning By-Law.
2. (a) Premises affected are land x and buildings numbered
Lot 1-B c , T„rnoike Street.
(b) Premises affected are property with frontage on the North
South x East West side of Salem Turnpike Street,
and known as No. Lot 1-B Salem Turnpike Street.
(c) Premises affected are inZ9o�n7isg District
front 2 , of the premises
affected have an area of
t.
3. Ownership:
(a) Name and address of owner (if joint ownership, give all names) :
ABC Bus Co. , P. 0. 3ox 596, Adrian St. , N. Andover, MA 01845
Date of purchase Previous Owner
(b) If applicant is not owner, check his interest in the premises:
X Prospective purchaser
Lessee
Other (explain)
4 . Size of proposed building:
220 ft. front; 100 ft. feet deep
Height: 3 stories; 34 feet.
begin construction Fall 1987
(a) Approximate date of erection Spring 1
(b) Occupancy or use (of each floor)
(c) Type of construction stee an ar foist wit treate exterior
I� .
y
5 . Size of Existing Building: ' N/A feet front: feet deep
Height: stories: feet.
(a) Approximate date of erection N/A
(b) Occupancy or use (of each floor) N/A
(c) Type of construction N/A
6. Has there been a previous application for a Special Permit from`the
Planning Board on the premises? yes --
If so, when July 21, 1986, Site Plan Review, April 6, 1987, Site Plan Review
May 26, 1987 Common Driveway
7. Description of purpose for which Special Permit is sought on this
petition:
The petitioner seeks a Special Permit under Section 2 Paragraph 30.1, Common
Driveway. A Special Permit is required in order to share the existing driveway
serving the ABC Bus Company facility.
8. Deed recorded in the Registry of Deeds in Book 1312 page 10
or Land Court Certificate No. Book Page
9 . The principal points upon which I base my application are as
follows: (must be stated in detail)
Tlip sharing of the existing driveway will significantly reduce the amount of
disruption adjacent to and into wetland areas It will allow the development
with minimal environmental disruption.
I agree to pay for advertising in newspaper and postage fee for
ailing le ], not ' es to "P t ' s 'n Interest" .
F
Every application for action the Board shall be made on a form
approved by the Board. These forms shall be furnished by the Clerk upon
request. Any communication purporting to be an application shall be
treated as mere notice of intention to seek relief until such time as it
is made on the official application form. All information called for by
the form shall be furnished by the applicant in the manner therein
prescribed.
Every application shall be submitted with a list of "Parties of
Interest" which shall include the petitioner, abutters, owners of land
directly opposite on any public or private street or way and abutters to
the abutters within three hundred (300) feet of the property line all as
they appear on the most recent applicable tax list, notwithstanding that
the land of any such owner is located in another city or town, the
Planning Board of the town and the Planning Board of every abutting city
or town.
LIST OF PARTIES OF INTEREST
NAME ADDRESS
Bernice A. Fink P. 0. Box 363, N. Andover, MA 01845
B & C Realty Trust 1175 Turnpike St. , N. Andover, MA 01845
Boston Hill Ski Area c/o Robert W. Dunn
18 Seery St. , Malden, MA
John C. Farnum 426 Farnum St. , N. Andover, MA 01845
Milton & Eileen Allen 1208 Turnpike St. , N. Andover, MA 01845
Norman J. & Maime M. Schroder 1474 Turnpike St. , N. Andover, MA 01845,
Owner - ABC Bus Company P. 0. Box 596 Adrian St. , N. Andover, MA 01845
Engineer- Richard F. Kaminski & Assoc. , Inc.
200 Sutton St.
N. Andover, MA 01845
Received by Town Clerk :
FORM A RECEIVED
APPLICATION FOR ENDORSEMENT OF PLAN�ANI CILONG
BELIEVED NOT TO REQUIRE APPROVAL. ,, �
n,RTN AkiUOVER
42
19
To the Planning Board of the Town of North Andover :
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such appova
is not required for the following reasons
1 . The division of lana shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
BEA�E' /�/LL iPDAc� or a private way , namely ,
namely,
being land bounded as follows :
107I 6S" �Iyd �� ona DfFiNrr� �l/�y �f
BEA2 ///11 RAW
LrEl T,Py OF Aff
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
ND Ch NGE %N EX�fTi�U FiC'oNTAG'EJ . B�U,UdA�I' /��
t"hANGE ON�y p,(I LOTf 6 S 19it/d o d 6 aK
3 . Title reference North Essex Deeds , Book 2O29 Page ILC.;
or
K4s
Certificate of Title No . Registration Book
Page .
Applicant's signatures. Owner ' s sib ture a dress if not
the a
nC' /
(JPVi �.
rint Name)
Applicant s •Address ..
CSE i
i
Tel. No. (�;>
Received by Town Clerk ;
RECEIVED
DANIEL LONG
TOWN CUi�K t,
NORTH A 10GVER
APR 15 10 26 AM
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
I . The North Andover Planning Board has determined that said plan
does not require approval under the Subdivision Control Law ,
and the appropriate endorsement has been made upon the same.
2 . The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G . L . c . 41 , s . 81-L , a.nd .
must therefore be re-submitted to it for approval under the
Subdivision Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By ;
''
Date * /Y �
Receiied by Town Clerk :
r a
FORM A RECEIVED
DANIEL LONG
APPLICATION FOR ENDORSEMENT OF PLAN TOWN CLERK
NORTH ANDOVER
BELIEVED NOT TO REQUIRE APPROVAL
E 3 22 IN '88
February 1 19 88
To the Planning Board of the Town of North Andover :
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
1. The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , Turnpike Street, Rte. 114 , ItRxtxRx:iik:RkRxXjtYxxRAJ69:kgx
being land bounded as follows :
NE by Turnpike Street (Rte. 114)
NW by Parcel A-1, owned by BC Realty Trust (ABC Bus Co)
SE by Boston Hill Ski Area
SW by Parcel A-1, owned. by BC Realty Trust (ABC Bus Co)
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons:
Same as Number 1 Above
3. Title reference North Essex Deeds , Book 2267 Page 184 or
Certificate of Title No . Registration Book ;
Page
lic ' gnature:
owner ' s signature and address if not
John B. Todd, the applicant :
TAe . & G nPart. Safe 'N' Sound Mini
rint Name) Storage Cos.
Applicant ' s Address :
J/?S Ty�zNi7�,ec
15 Windward Road
12b, A41d0ttSA%, V,9 012VS
Lowell, MA 01852
Tel. No._ (617) 445-6776
Received by Town Clerk :
REi;EIVEO
TOWN CLER,
K
NORTH ANDOVER
i. Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
1 . The North Andover Planning Board has determined that said pian
does not require approval under the Subdivision Control Law,
and the appropriate endorsement has been made upon the same .
2. The North Andover Planning Board has erm ed that said plan
shows a subdiv sion , s defined by L . c . 41 , S . 81—L , and
must therefo a be re-subm ' ted t it for approval un e
Subd isio Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
BY I
G�
'
Date : 7c4ewZ-
/��1�
Received by Town Clerk :
1
i
FORM A RECEIVED .
DANIEL LONG
APPLICATION FOR ENDORSEMENT OF PLAN NORTH A DOVER
BELIEVED NOT TO REQUIRE APPROVAL
FEs PM 's
February 1 19 88
To the Planning Board of the Town of North Andover :
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
1 . The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , Turnpike Street,, Rte. 114 , 4tRx1xjkX:k ftkRxX1Xxxiditfa hx
, being land bounded as follows :
NE by Turnpike Street (Rte. 114)
NW by Parcel A-1, owned by BC Realty Trust (ABC Bus Co)
SE by Boston Bill Ski Area
SW by Parcel A-1, owned by BC Realty Trust (ABC Bus Co)
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
Same as Number 1 Above
3. Title reference North Essex Deeds , Book 2267 Page 184 - or
Certificate of Title No . Registration Book ;
Page
plic ' gnature:
. .Owner ' s signature and address if not
1�� John B. Todd, the applicant :
T tee & G nPart. Safe 'N' Sound Mini
(Print Name) Storage Cos. ` aze , 7 a-/L
Applicant ' s Address : _710 e _
15 Windward Road /� � _
12b. ./�/Z2 c-��,l U/s-yJ
Lowell, MA 01852
Tel. No. (617) 445-6776
Received by Town Clerk :
Notice to APPLICAN U TOWN CLERK of action of Planning Board on
P
accompanyinglan :
I . The North Andover Planning Board has determined that said plan
does not require approval under the Subdivision Control Law ,
and the appropriate endorsement has been made upon the same .
2 . The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G .L . c . 41 , s . 81-L , and
must therefore be re-submitted to it for approval under the
Subdivision Control Law.
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By :
Date :
Received by Town Clerk :
AECEIVEO
FORM A pANIEL L"
TOWN
APPLICATION FOR ENDORSEMENT OF PLAN IIGRTN AMitl A
BELIEVED NOT TO REQUIRE APPROVAL ja0 Zai60
9 ope
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
1. The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , , �•,
` rw Jui P1 K-9-43-r. 4, being land bounded as follows :
by TVR.NPIKES'r'. �R'�ctt�
by doves tUw.Sal AV-CA
7,>xzr `../ -1� . D Gid t+y-T?,A(ALB G eVS Ca
2 . The division of land shown on the accompanying plan is not a sub-
division for the f o 11 olw i n lq r e a s o n s -Ty„f Fw~A /�o+i.�►v_ - YAN sFuros A ('And
nc �,r+r� -direr-" �e � /j-1� .0 2 i QXISTln3C� (e / +<;r /off"P 11��A�s� Ale 1
�'�- J
fe �1 4.
CL„ +1,-,Q +Cat rv► pn� �s .� rs� r alnn -t 0;1�n
X 1 f rAFr e 4o-r I o f-A-1 or ✓Q W) zrwe J I 2 A vin III
-jy �ivlN w ori } t e-�-owty 0-r-
. 3.
3. Title reference North Essex Deeds , Book =7 Page rsW or
Certificate of Title No . Registration Book
Page
Ap l can atu e:
M�Owner ' s signature and address if not
the applicant :
SZSd A✓/ s-•
Print Name) CC AJ1D
Applicant ' s Address :
�S W 1NDW/a/Lj) [ted '
Tel. No. Lt7 444s--- (,776
Reeved by Town Clerk :
.J
FORM ARECEIVED
DANIEL LONG
TOWN CLERK
APPLICATION FOR ENDORSEMENT OF PLAN NORTH ANDOVER
BELIEVED NOT TO REQUIRE APPROVALAN 19 42
14 , 19 ®'8
To the Planning Board of the Town of North Andover :
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
1. The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , lodysafteffleij,
atj V1 iC!'�iT, if being_ l4rit bounded as follows :
Ste: bya� 40-k-5K1 AWMA
5w by T;6 . J,,, ewe %W U& Kp*i C.
2 . The division of land shorn on the accompanying plan is not a sub-
division
ub-
division f o r the f o i l Qw i n q r e aso n s :-Ty„f FroR4Y)A ac+ia�v -fir ar►SFer s A
n� )sv+d from (o I-A-1 .4* I i[ PariSTlN�o in+ -V 1,043,8 :1*^150 .4 1 1�
S.a►d-KA r IS ra I "a c++MA✓1c2 %..,I+h -rte
cl.,. ! � +�.z .An ,c9 r ,o
MrAP K'ts ace t"h o y- 1,o4-A-I or '11-o_ oe wl +/w-tj 2 t�1
-tl.e N IN W &r- V
3. Title reference North Essex Deeds , Book =7 ; Page 104 or
Certificate of Title No . Registration Book ;
Page
Ap 1 ' cant' at. e;0
�C AOwner ' s signature and address if not
the applicant :
Sbd �i✓/ Gdas'•
Print Name) e
Applicant ' s Address :
d!/ 19.v�wd!5e�_ /,O�� ilvs�Ls
�SY�I►NDWKIM F.� '
�z-
Tel. No. L!7 44�--L7,7G—
Received by Town Clerk :
RECEIVED
TONIN CLERK
NORTH ANDOVER
36 t
Notice to RK APPLICANT WN T LE Planning APPLICANT/TOWN C of action of P1 g Board on
accompanying plan :
1. The North An Planning Board has determined that said pl
does no require appr al under the Sub ' vision ontrol Law
and a appropriate endo ement has een made upon e .
2. The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G . L . c. 41 , s . 81-L , and
must therefore be re-submitted to it for approval under the
Subdivision Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By : i
o
Date • ��
t
DA14Et t_o4G
TOWR CtT°A
KLEINFELD & DEPAOLA NORTH A100YER
ATTORNEYS AND COUNSELLORS AT LAW
EIGHT WINCHESTER STREET OCT 15 12 55 16
BOSTON.MASSACHUSETTS 02116
LEONARD F. DEPAOLA AREA CODE 617
BURTON H. KLEINFELD 452-2377
GEORGE H. NASON
October 10, 1986
Clerk for Land Court
Old Court House
Boston, MA 02108
RE: Todd v . Nitzsche , et al .
Docket No. 121-200
Dear Sir:
Enclosed please find Affidavit of Service in the above
action as required under Section 17 of Chapter 40A. Kindly
file the same on my behalf.
Very trul yours ,
Burton
BHK/crs
Enclosure
CC : Daniel Long
John B. Todd
Charles Wescott
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS . TRIAL COURT OF THE COMMONWEALTH
LAND COURT DEPARTMENT
NO. .
)
JOHN B. TODD, )
Petitioner )
V . )
ERICH W. NITZSCHE, Chairman )
MICHAEL P. ROBERTS, Vice Chairman ) AFFIDAVIT
JOHN L. SIMONS , Clerk }
PAUL A. HEDSTROM, ESQ. and )
JOHN J. BURKE (Planning Board )
of the Town of North Andover) , )
Defendants )
Now comes Burton H. Kleinfeld , attorney for the Petitioner ,
John B. Todd , and states that in accordance with Section 17 of
Chapter 40A of the General Laws of the Commonwealth of
Massachusetts , I have given written notice to all of. the
Defendants by mailing to them a copy of the Complaint by certified
mail , return receipt requested , on October 7 , 1986. Said notice
was given to the Town of North Andover, care of Daniel Long , Town
Clerk, and to the Members of the Board , Erich W. Nitzsche, Michael
P. Roberts , John L. Simons , Paul A. Hedstrom, and John J. Burke at
their home addresses.
Signed under the pains and penalties of perjury this
day of October, 1986 .
Burton H. Kleinfeld
Kleinfeld & DePaola
Eight Winchester Street
Boston, Massachusetts 02116
(617 ) 482-2377
DATED: October 10, 1986
A MMIN fflfl
TOWN OF NORTH ANDOVER �� Ltt1t,0
MASSACHUSETTS NOMAxcci`4
MOa7M SEP I�ryt ER
/�
Any apped alwll be Ned 3r °,..o y,�00 V a„ f�
within (20)days after l J IRI
P
date of filkq of" NOtI e
in the Offim o he own sSACHUSEA
Clerk.
NOTICE OF DECISION
Date. . S.ePGVmhex . 19.,..E P.6. .. . . .
July 21, 1986
Date of Hearing
Petition of , , , , . JOhn.BTodd. . . . . . . . .. . . . . . . . . . , , . . . . _ . . .. . ., . ... . . .
Premises affected .West ,side_ of Turnpike Street. . (Route. . . . . . . . . .
114)
. . . .
. . .. . .. . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the . . .North.Andover. Zoning Bylaw Section Section 8 , Paragraph 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . . . the, construction of a building .for. ' storage ware-
. . . .
are-
. . . . . . . . .
. . .hPusing, and associated.parking' . . _ _ _ .
After a public hearing given on the above date, the Planning Board voted
M
to . . . . ,deny . , , , , ,the Site Plan. Review. Special •Permit. . . . . . . . . . .. . .. .
based upon the following conditions:
Signed
. .l;rich ui, .N�-t�schsw,. .Ck�a�xln�n
,Michael P. Roberts, ice-Chairman
. . . . . . . . .
John L. Simons, Clerk
. . .. . . . . . . . . . . . . . .. .
Paul A. Hedstrom
. . . .. . . . . . . . . . .
John J. Burke
. . . . . .Planning 0 Board. .. . . . . .
MUM U M M 111 H R-CEIvE-o
DANIFt E.ok4G
TOWN OF NORTH ANDOVERTO`aN 1
120 Main Street NORTt, ;� rt pVK
North Andover, MA. 01845 SEP 13 9 41
685-4775
Any appeal shall be filed Mp11Tp
within (20)days after the F •' p
date of filing of this Native
J J
in the Office Of the Town 4.�aa•
Cleric.
September 8, 1986
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845
Re: TODD SITE PLAN REVIEW - SPECIAL PERMIT
MINI WAREHOUSING
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
Monday evening, July 21, 1986 at 8: 30 p.m. in the Town Office
Meeting Room upon the application of JOHN B. TODD, 15 Winward
Road, Lowell, MA 01852. The hearing was advertized in the
Lawrence Eagle Tribune on July 7 and July 14, 1986. The follow-
ing members were present at the July 21, 1986 meeting: Erich W.
Nitzsche, Chairman; Michael P. Roberts, Vice Chairman; John L.
Simons; John J. Burke and Paul A. Hedstrom.
The petitioner seeks a Special Permit under SECTION 8,
PARAGRAPH 3; Site Plan Review of the North Andover Zoning Bylaw.
The purpose of the Site Plan Special Permit is to review John B.
Todd' s proposal to construct a building for ' storage warehousing
and associated parking' . The site is located on the West side
of Turnpike Street (Route 114) , possessing 2 . 73 acres, 340 feet
of frontage and located in an Industrial 2 (I-2) Zoning District.
At the hearing, the applicant' s representative, Mr. John
Callahan from Callahan Associates, gave the following presentation:
- Two story building typical series of warehousing
enclosed with peripheral areas being allocated for
storage.
John B. Todd
Special Permit
Page 2
- Pass through is a drive through the middle of the
building with elevators for merchandise and equipment,
not f
or ( P
ersonnel (operational from outside as well as
P
inside) .
- Parcel of land consists of 2 .73 acres, building covers
ground space of 33,000 square feet of 27. 8 percent
of the building area, the pavement with 16 parking spaces
is 31,750 square feet (26.7 percent) .
- 50 percent of the land is open, common drive is included,
which reduces it by 7 percent.
- The building is metal steel frame structure.
Lighting is proposed for illuminating the area.
- Operational hours is based on a 6 day a week time frame,
7 am to 7 pm.
- Manager' s office on the second floor and will maintain
the facility. The entire building will be secured with
safety device.
- ABC Bus and Mr. Todd will extend water line from across
the street in the future.
- A residential apartment is located on the second floor.
Mr. Campbell, an associate of Mr. Todd' s, supplied the
Board with a letter from the Building Inspector indicating
that mini-warehousing is allowed in I-2.
The Planning Board had the following questions and
comments:
- Mr. Simons: The drive through is not included in the
floor coverage ratio. The Planning Board cannot grant
waivers on parking requirements, the Appeal's Board
is the granting authority. Extensive on site wetland
and filling is proposed.
- Mr. Hedstrom: History of site is such that any use not
consistent with character of use along Rte. 114 would
require greater attention to Site Plan Bylaw requirements.
Where is landscape screening detail for the site?
Warehousing concept along 114 corridor is not the optimum
use for the site and not consistent with the land uses
surrounding the parcel. Therefore recommends an
extreme landscape treatment such that it will be
screened to blend in with the light industrial uses on
114 .
- Ms. Nelson (Town Planner) : How does 'personal storage'
fit under the definition of warehousing in the bylaw of
detailed description.
- Mr. Nitzsche: No drainage plans or calculations have
been submitted per site plan requirements. Mr. Callahan
informed the Board that these are not finalized plans,
wanted to bring plans for discussion of feasibility.
' John B. Todd
Special Permit
Page 3
Resident Comments:
Mr. Henry Fink spoke in opposition of the project due to
the request in the reduction in number of parking spaces. The
impervious area creates a drainage concern - the retention
area is upstream not downstream. The septic systems have not
been approved. Mr. Brickus commented that the Planning Board
should not be put in the position of designing the site plan
but reviewing it.
Motion was made by M. Roberts and seconded by P. Hedstrom
to continue the hearing to August 18, 1886 and to provide the
board with additional information. VOTE was unanimous.
At the continued hearing of August 18 , 1986 John Callahan,
the engineer for the project and John Todd, applicant were
present. Mr. Todd explained that he has addressed the questions
that the Planning Board .raised at the last Public Hearing. They
are as follows:
- Copied from a building in Houston, Texas.
- Constructed- with Durastone building material.
- Traffic impact will be 15-18 vehicles per day.
- He has purchased additional land which will allow him
to conform to zoning regulations.
- The plan also conforms to the 75% CBA as stated in the
new zoning bylaw.
Mr. Frank Todd, a landscape architect, discussed the
landscaping plan for the project. Chairman Nitzsche asked that
drainage calculations be given to the Planning Board. The
apartment which is part of the project will remain according
to the applicant. Mr. Todd stated that he obtained a written
opinion from the Building Inspector that this use would be
allowed in an Industrial 2 District. However, the Planning
Board differed with this opinion according to their interpretation
of the Zoning Bylaw. Mr. Callahan also requested that the
Planning Board waive the Special Permit for a Common Driveway.
A motion was made by Michael Roberts to take the matter
under advisement and close the public hearing, seconded by
Paul a. Hedstrom. The VOTE was unanimous.
The following members were present and voting at the
September 8, 1986 Planning Board meeting when the Board rendered
their decision: Michael P. Roberts, Paul Hedstrom, John Simons,
John Burke.
Upon a motion made by John Simons and seconded by Paul
Hedstrom, the Board voted three in favor and one against (John
Burke) TO DENY THE PETITION FOR SITE PLAN APPROVAL UNDER THE
SPECIAL PERMIT PROCESS FOR JOHN TODD, PLAN DATED JULY 1986
REVISED AUGUST 13,1986 ENTITLED 'NEW STORAGE FACILITY' BY
JOHN CALLAHAN ASSOCIATES for the following reasons:
'John B. Todd
Special Permit
Page 4
1 . Lack of a revised detailed landscaping plan for the
proposed ' storage facility' site as was requested
at the hearing of July 21, 1986 . No attempt was made
by the applicant at the continuation of the hearing
to address adequately the screening and landscape
issue.
2. The application and accompanying plan violate Section
2.30 . 1 of the Zoning Bylaw in that it shows a single
commercial driveway being used by more than one
building.
3. The Board of Health is unable to determine the feasi-
bility of placing a septic system on site based on
the design of the lot and proposed uses of the warehouse.
See Exhibit A.
4 . The proposed residential use identified in the
application (second floor apartment) is NOT permitted
in an Industrial-2 Zoning District.
5. No drainage information was submitted based on the
number of proposed parking spaces, impervious material
and building size in accordance with the Site Plan
Review plan requirements Section 8. 3, 3 .d. The Board
raised specific issues on drainage because of the
topography of the site and the existence of a located
stream. The failure to address drainage issues and
the result of the construction process to adjoining
wetland prevented the Board from addressing specific guide-
lines required to be addressed by the Zoning Bylaw.
6 . The North Andover Conservation Commission has informed
the Planning Board in writing that the project does not
meet the performance standards of the commission and
that the wetland alterations will more than likely not
receive approval.
7 . The Fire Department requires 360 degree access from
all points of the building. This is not provided.
8. The proposal has not been reviewed by the State Depart-
ment of Public Works. The traffic impact has not
been addressed in the form of a study for review by
the Board.
In denying this Special Permit, the Planning Board finds
pursuant to Section 10. 31 -Conditions for Approval of Special
Permits of the Zoning Bylaw:
The specific site, as noted in the plans dated July, 1986,
revised August 13, 1986 is not an appropriate location
for such a structure.
- The use, 'cold storage/mini-warehousing' with a residential
apartment will adversely affect the neighborhood.
Serious safety issues and hazards to vehicles or
pedestrians exists under the present application.
.
John B. Todd
Special Permit
Page 5
THE SPECIAL PERMIT GRANTING AUTHORITY (PLANNING BOARD) SHALL
NOT GRANT ANY SPECIAL PERMIT UNLESS THEY MAKE A SPECIFIC FINDING
THAT THE USE IS IN HARMONY WITH THE GENERAL PURPOSE OF THIS
BYLAW.
Sincerely,
PLANNING BOARD
:4 z 1'a --
Erich W. Nitzs e, ,VW
Chairman
EWN:nrs
cc: Highway Surveyor
Board of Public Works
Tree Department
Conservation Commission
Building Inspector
Board of Health
Assessor
Fire Chief
Police Chief
Applicant
Engineer
File
r'r'
Special Permit
DAPI, Common Driveway
, ;G
TOWN OF NORTH ANDOVER Safe 'N' Sound Mini Storage
NOR MASSACHUSETTS Boston Brook
May 22, 1987
MAY 22 3 21 F0, '87 PLANNING BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant John B. Todd Address 15 Windward Rd. , Lowell, MA
1. Application is hereby made
(a) For a Special Permit under Section 2 , Paragraph 30.1
of the Zoning By-Law.
2. (a) Premises affected are land x and buildings numbered
Lot 1-B Salem Turnpike Street.
(b) Premises affected are property with frontage on the North
South x East West side of Salem Turnpike Street,
and known as No. Lot 1-B, Salem Turnpike Street.
(c) Premises affected are in Zonin District 1-2 , and thet�remises
affected have an area of 1271947 S. and frontage of 340 feet.
3. ownership:
(a) Name and address of owner (if joint ownership, give all names) :
ABC Bus Co. , P. 0. Box 596, Adrian St. , N. Andover, MA 01845
Date of purchase Previous Owner
(b) If applicant is not owner, check his interest in the premises:
X Prospective purchaser
Lessee
Other (explain)
4. Size of proosed building: 220 ft. front; 150 ft feet deep
Height: T stories; 24 feet.
(a) Approximate date of erection begin construction spring 1987
(b) Occupancy or use (of each floor) Winter 198/
(c) Type of construction Steel and bar joist with treated exterior
1
5. Size of Existing Building: -N/A feet front: feet deep
Height: stories: feet.
(a) Approximate date of erection N/A
(b) Occupancy or use (of each floor)
(c) Type of construction N
6. Has there been a previous application for a Special Permit from 'the
Planning Board on the premises? Yes
If so, when - July 21, 1986,- Site Plan Review,April 6, 1987 Site Plan Review
7. Description of purpose for which Special Permit is sought on this
petition:
The petitioner seeks a Special Permit under section 2 paragraph 30.1, Common Drive-
way. A special permit is required in order to s areiE eexisting driveway serving
the ABC bus Company facility.
8. Deed recorded in the Registry of Deeds in Book 1312 page 19
or Land Court Certificate No. Book Page
9. The principal points upon which I base my application are as
follows: (must be stated in detail)
i
The sharing of the existing driveway will significantly reduce the amount of
disruption adjacent to and into wetland areas. It will allow the development
with minimal anvirnnmantal disruption. -- j
I agree to pay f r advertising in newspaper and postage fee for
mailing legal no 'ces to "P in Interest".
(Petitionerla signature)
ToCu Ing
Every app ation for action by the rd shall be made on a form
approved bylythe Board. These forms shall be furnished by the Clerk upon
request. Any communication purporting to be an application shall be
treated as mere notice of intention to seek relief until such time as it
is made on the official application forma All information called for by
the form shall be furnished by the applicant in the manner therein
prescribed.
I
Every application shall be submitted with a list of "Parties of
Interest" which shall include the petitioner, abutters, owners of land ;
directly opposite on any public or private street or way and abutters to i.
the abutters within three hundred (300) feet of the property line all as r
they appear on the most recent applicable tax list, notwithstanding that
the land of any such owner is located in another city'or town, the
Planning Board of the town and the Planning Board of every abutting city
or town.
LIST OF PARTIES OF INTEREST
NAME ADDRESS
Bernice A. Fink P. 0. Box 363, N. Andover, MA 01845
B,& C Realty Trust 1175 Turnpike St. , N. Andover, MA 01845
Boston Hill Ski Area c/o Robert W. Dunn
18 Seery St. , Malden, MA
John C. Farnum 426 Farnum St.; N. Andover, MA 01845
i
Milton & Eileen Allen 1208 Turnpike St. , N. Andover, MA 01845 j
Norman J. & Maime M. Schroder 1474 Turnpike St. , N. Andover, MA 01845
Owner - ABC Bus Company P. 0. Box 596 Adrian St. , N. Andover, MA 01845
Engineer- Richard F. Kaminski & Assoc. , Inc.
200 Sutton St.
N. Andover, MA 01845
i
i
Forma OEQEReNo. IF,
(To be cmvdtd oy 0£Q£l TO i4 p- i e
---- �, CNRowe+ North Andover
a Commonwealth John B. Todd �Il �� qO �u 87
3 of Massachusetts 4 �^ ) Aoo+�+t Lo t*
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Town of North Andover Wetland By-Law
Part l:General Information Lot 1—B
1. Location: Street Address
Lot Number 1-B
Industrial The project involves the construction of a
2. Project:Typo cgmnterc ial Description
100 x 220 three story mini-storage facility with associated access and parking.
The debris and trash in the brook channel will be removed.
1312 19
Essex North Current Baa S Page —
3. Registry:County
Cartillcate{ll Regis tsrea Laull 459-4317
;• APPllcattt
John B. Todd 7e1.
15 Winward Rd. , Lowell, MA
01852
Address 686-0383
ABC Bus Co. Tel. —
5. Property Owner
Address P 0. Box 596, 8 Adrian St. , N. Andover MA 01845
687-1483
Richard F. Kaminski & Assoc. , Inc. Tel.
8. Representative
Address
200 Sutton St. , N. Andover, MA 01845
7. Have the Conservation Commission and the OSCE Regional Office each been gent,by certified mad or
hand delivery. 2 copies of ccmpleted Notice of Intent,with suoporting plans and documents?
yes V No ❑
3t
The enclosed informatisubmttedshows
provideconstruction
comprehensivealteration
outside
planning package. This
subject to the Act is i
construction or alteration is not subject to regulation under the Act nor t. it
included as construction or alteration proposed under this Notice of Intent.
6/30/83 Vol. 12 —222.9
8. Hay all obtainable Permits,variance,,and approvals required by local by-law been obtained?
Yes ❑ No 2
Obtained: Applied For.
Not Applied For.
Site Plan Approval
Special Permit —Common Driveway
-------------
----------------
onion of the site subject to a Wetlands Restriction Order pursuant to G.L C. 131. §d0A or G.L
9. Is any P
C. 130, §1 o57 Yes 9 No ❑
10.List alt plans and supporting documents submitted with this Notice of Intent.
identifying Tille. Date
Number/Letter ' Rev, 8/21/87
EN-1
Notice of Intent, ExistingConditions Plan,
EN-2 Notice of Intent, Proposed Construction, Rev. 8/21/87
ion Details, Rev.8/21/8
EN-3 Notice of Intent,
Erosion Control & Revegetat
LS-1
Landscape Plan, August 21, 1987
Notice of Intent,
Drainage Calculations, August 13, 1987
CAL-1 I
11.Check those resource areas within which work is proposed:
(a)(2 Buffer Zone
(b)Inland:
Land Subject to Flooding..
Bank'
®' Bordering
?[M]
Bordering Vegetated Wetland' Q isolated
Access Land Underwater Body&Waterway'
Way
(c)Coastal: ❑ pesignated Port Area'
Q Land Under the Ocean' ❑ Coastal Oune
❑ Coastal BeachQ Coastal Bank
Q Barrier Beach ❑ Salt Marsh'
❑ Rocky Intertidal Shore'
' ❑ Land Containing Shellfish'
Q Land Under Salt Pond
p Fish Run'
L kely to involve U.S. Army Carps of En9`"'ers concurrent jurisdiction.Sae General instructions for
Completing Notice of intent. 3.2
6/30/83 Vol. 12 - 222.10
i
pert Il:Site Description
Indicate which at the following information has been provided (on a plan,in narrative description or calcuia-
dons)to clearty,completely and accurately describe existing site canditions.
Identifying
Number/letter
(of plan,narrative
or calculations(
Natural Features:
EN-1 Sails
EN-1 Vegetation
EN-1 Topography
EN-1 Cpen water bodies(including ponds and lakes)
EN-1 Flowing water bodies(including streams and rivers)
none
Public and private surface water and ground water supplies an or within 100 feet of site
N/A Maximum annual ground water elevations with dates and location of test
EN-1 Boundaries of resource areas checked under Part I,item 11 above
Other
Man-made Features:
Structures(such as buildings.piers,towers and headwalls)
FN-1_ Drainage and flood control facilities at the site and immediately off the site,including
culverts and open channels (with inverts),dams and dikes
None Subsurface sewage disposal systems
ENEN�_ Underground utilities
EN-1 Roadways and parking areas
EN_____1 Property boundaries,easements and rights-of-way
Other
Part III:work Description
Indicate which of the following information has been provided(ort a plan,in narrative description or calcula-
tions) to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part I,item 11 above.
Identifying
NumberrLetter
(of plan, narrative
orcalculatlans)• planwew and Cross Section of-
EN—2
f:EN-2 Structures(such as buildings, piers, lowers and headwalla)
EN-2 Drainage and flood control faculliss,inciuding culverts and open channels(with inverts),
dams and dikes
EN-2 Subsurfacs bawaga disposal ayzltisms A underyrounrl uluilins
EN-2 Filllou, drenyiiiq an.l aataoann7, nwtcauut(vQhfnio and cnn,pJsnlon,jr metenal
EN-2 Chn'ptineatory sturarja_Wady,wherb I UyA,aLl in acc„rdatn:d with Phrt Ill. Secl(nn10:t]
(4)of the regulations
Outer
Point Source Discharge
EN-1 _ F.N-2 Description of charactershcs of discharge from point source(both ptosed and open
+ CAL-1 channel),when point of discharge falls within resource area checked under Part I,item
1 1 above,as supported by standard engineering calculations, data and plans,including
but not limited to the(allowing:
3.3
6/30/83 Vol 12 - 222.11
t. Delineation of the drainage area contnbuting to the point of discharge:
Z, pre-and post-deveiopment peak run-otf from the drainage area,at the point of discharge,for at least the
10-year and 100-year frequency storm:
3• Pro-and post-development rate of infiltration contributing to the resource area checked under Part t.item
11 above;
4. Esumated water quality characteristics of pre-and post•development run-oft at the point of diacharga.
Part IV-.Mitigating Measures
1, Cleeriy, completely and accurately desenCa.with reference to supporting plans and calculations where
necessary:
(g) All measures and designs proposed to meet the performance standards set forth under each re-
source area specified In Part 11 or Part III of the regulations; or
(b) why the presumptions set forth under each resource area specified In Part it or Part III of the regula-
tfons do not apply.
❑ � gesdtrte Area Tyoe: Identifying number or tartar
of suo con documents
Irxa,d Drainage Ditch
EN-2
Erosion control methods will be installed prior to EN-3
construction.
Detention pond mitigates the 100 yr storm.
Compensatory wetland is provided.
Identiymg numoer cr toner
❑ Caoatnt Aeaoures Ates Type: of suoeon documents
❑ Irdytd
34
Vol. 12 - 222.12
6/30/83
CV1III v.
effee
FDisturbed
Resovc•Met Type[ IdenuMnO n doc or m
of support docwnenta
Detention pond & ditch bank
areas adjacent to resource areas will be EN-2
tated according to landscape plan and revegetatio LS-1
specifications.
2. Cleary,completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to insure that said work does
not after an area specified in Part 1,Section 10.02(l)(a)of these regulations;or
(b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet
the performance standards established for the adjacent resource area specified in Part 11 or
part ill of these regulations.
D Coescal I Flesowce Mee Type 9ordered 9y IOO-Footolscretloner7EN
GOC r or lever
rt aowmenls
�j] k>kand
Erosion control methods will be installeconstruction.
Disturbed areas will be revegetated accolandscape plan and revegetation specific
38
6/30/83 Vol. 12 - 222.13
Part V:Additional Information for a Department of the Army Permit
1. COE Application No. 2.
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property:
4. Document other project altematives(1.e.,other location and/or construction methods, particularly those
that would eliminate the discharge of dredged or till material into water%or wetlands).
6• 5y�w x 1 1" drawings In pianview and cross-section;showing the resource area and the proposed actly
fly within the resource area Drawings must be to scale and should be clear enough for photocopying•
Cernficsoxt is required han the C'tvsion cf Water Pok=% Centtol before be Federal perrnit can be issued
Cerdiratbn may be cbmned by -9 to Okesion of Water Pcauoon Cana:. 1 Winter Strea-L&SS en,
Massacnusem 02108.
Where the scarily will take I:2ce within the area under the fvtassachuse[ts approved
Coastal Zone
Managernertt Pmg
r2rn, thea zant cerune5 that his pin posed acw try wdt and will be otxdxted
it a manner ttat is ccrssmnt wit the ap=,ed Pt7am
Information provided will be used in evaluawg tte a=fCatcn for a permit and is made a matter of pubrc
record through esuartce of a pubUC noXe- OesCiosure of its informamn s vokxttary. however if necessary
itmn is not pv ided. the ap fc mn cannot be processed nor can a pelma be sued
form
I hereby certify under the pains and penalties of perjury that the foregoing'Notice Of intent and accompanying
plans,docume is and supporting data are true and complete, to the best of my knowle ge. • 7
J _ G
10
/
Signal of APPti It John B. o Date
2
Signatur Applica
s Reores oseph B, ring Oate
'Ltt<a/a.w to CYG Farm 4316 ro►rs..d by HQUSACC. 6 N.y
FORM (TEST)100 (
H "Thu Lav e.wt tewu.a• • Ielnt f)al.raeant .f th.Army'tnd Sut• e! 1l»ueby•ell+ ./! <• '
1 MAY 82 Lr • prp.t uroeu.w 0......... to ►.rl•rm C,....... U..trd St.to ..tan Thr O/R<a
or Yutermrwt •wd 8.4C, IOM81 4• •o✓a•ed :hme 9unuowa •.dvrr4j !! tl.a VS Arm! C.Irt .
d Cwpwr.rf. U)tB .'iv7wbh 0701.0016 •wd n►.<•tun dwtt al SO S.►a rn.bn 1963+enhn'. This
fturnmt -•II b. +.1 iw 6 H,w1 a!►t. ,
6/30/83 Vol. 12 - 222.14
I
RICHARD F KAMINSKI AND ASSOCIATES , INC.
ENGINEERS • ARCHITECTS • LAND PLANNERS • SURVEYORS
NORTH ANDOVER , MASS. 01845 N
TELEPHONE 687 - 1483
� �:4 �'•�g�', � hyo e
c
W n l�•: �' � f6 _
�R ✓ 169` . /T< j
LOCUS PLAN
U . S ,G . S . QUADRANGLE MAP )
SCALE : 1° = 2000 FT.
4
NOTICE OF INTENT
DRAINAGE CALCULATIONS
Safe IN' Sound
August 13 , 1987
CAL-1
RICHARD F. KAMINSKI & ASSOCIATES, INC.
ARCHITECTS • ENGINEERS • SURVEYORS • LAND PLANNERS ,I,
,C,n ,�r p�v1 'f G�/}'�/� ,--A JOB NO. _LQlZ�Z____ SHEET___ OF__.�_
PROJECT_ML1 '_ 6Wn ,j^`'J, ,IA'",'�J"^ e 4-4 MIV---CALL._ ' _---- DATE
SU BJECT__�PfS� _�1L11`"1! -----------------CHKD.------------- DATE ------------
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C = 0
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it z D,�O
RICHARD F. KAMINSKI & ASSOCIATES, INC.
ARCHITECTS • ENGINEERS • SURVEYORS LAND PLANNERS hh
�
pFE ,� I N`, I 1' JOB V
NO. _j� 05 ___ SHEET_�_OF_�_
PROJECT SA � IN�- 1 ----------CAIC.---f` ----- DATE
SUBJECT- L�1 ---`I�M M� --------------C H K D.------------- DATE ------------
r�ov�� c��n1 nod CwTio
rJ
Let> I -
-jolt -NP& " o „
�t�OFF c,o�llp,�1215�>J
�I�Jt1� Gol.�.l� LTIb�
Q?l� S, ►a C� �
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Q2a ao� Ca�.l►��n o�.l ..
��� _ 1:D C3o 4
t 31004R: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
RECEIVED
10.ft Faffm DANIEL LONG
TOWN CLERK
NORTH ANDOVER
On 11 4 iz Pik '
Form 1 --
• OEOE•F7e rw.
pe ne crenoea by t)EQE)
Massachusetts tt cltyaown North .Andover
Of Mas
Chus
Commonwealth
Woman' s Health Care
• Aooi�nant
ea ty trust
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 1312 §40
1. I,the undersigned hereby request'thatthe '.forth Andover
Conservation Commission make a determination as to whether the area described below,or work to
be performed on said area,also described below,is subject to the jurisdiction of the Wetlands
Protection Act G.L c.131.§40.
2 The area is described as follows.(Use maps or plans,if necessary,to provide a descnptign end the
location of the area subject to this request) A 3 . 02 Acre parcel D land
located on the east side of Osgood Stret as shown on the
enc oseQ plan, "Locus Plan"
"Request for Determination of Applicability Plan"
A section of the Forth Aneover Conservation wetland :•lap.
I} is a portion of the Coppola Florist site.
r{
3. T he worst in said area is described below.(Use additional paper,if necessary,to describe the
proposed work.)
she applicant is requesting that the Ilorth Andover
Conservation Commission mane a determination to the
existence of a statutory wetland on the parcel .
.l
. 1-t •
10/16/87 (Effective 11/1/87) 310 CMR- 280.4
10.99: continued
4. The owner(s)of the area.if not the person making this request,has been given written notification of this
requeston December 13 , 1933 (date)
The name(s)and addressies)of the owner(s):
_ Safe and Sound Mini Storage Company
1679 Osgood Street
North Andover, MA 01845
Safe and Sound 11ini Storage Company
53 Commercial Wharf
Boston, MA 02110
_
S. I have filed a oomciete covy of this request with the acpr6priate regional office of the Massachusetts
Department of Environmental Quality Engineering on December 13, 1.988 (date)
Metro Boston/Northeast Southeast
38 Commerce Way Lakeville Hospital
Woburn,MA 01801 Lakeville,MA 02346
Central Western
15B Grove Street State House West.4th-Floor
Worcester,MA 01605 436 Dwight Street
±; Springfield,MA 0.1103
6i
,i
S. I understand that notification of this request will be placed in a local newspaper at my expense inaccor-
dance with Section 10.05(3)(b)1 of the regulations by the Conservation Commission and that t will be
w billed accordingly.
' Signature Name Tn' nZ h rtic1•ii
Addr Ricnard r F. Kaminski & Assoc. Tel, 687-1483
200 Sutton Street, No . Andover, MA
1.2
20/15/87 (Effective 11/1/87) 310 CMR 280.10
•
a
I
RICHARD F KAMINSKI AND ASSOCIATES , INC.
ENGINEERS • ARCHITECTS • LAND PLANNERS • SURVEYORS
NORTH ANDOVER , MASS. 01845
TELEPHONE 687 • 1483
-
Al
er
:.
tv g� O •� /
•r
`` •r I ,' i1 lQw_ ;{1` 11 -i _��..\n 11�,
LOCUS PLAN
U . S .G.S . QUADRANGLE MAP )
SCALE : I" = 2000 FT. ._
v
f�
Richard F. Kaminski & Associates, Inc.
'I
I '
December 12 , 1988
Attorney Philip C. Lombardo
Hutchins & Wheeler
One Boston Place
Boston, MA 02108
RE: Conservation Commission
Determination of Applicability
for 1679 Osgood Street
North Andover, MA
Dear Attorney Lombardo:
7 Plea be advised that this office has investigated the
posstbillity that the small depression in the ground at the
norttAwast corner of the above mentioned site could be classified as
"Isolated Land Subject to Flooding" , as defined in Paragraph 10 .57
(2 )(b) of the Massachusetts Wetlands Protection Act.
our Uvestigation finds that this small depression does not meet
the threshold flooding requirements for two reasons. The first
being tkat the depression has an outlet (a drop inlet into the
„
state's- drainage system), and secondly, this depression does not
have aufflficient storage capacity to be classified as "Isolated Land
Subject, to Flooding" .
In aftition , we have examined the Floodway Flood Boundary and
Floadkaiy Map and the FIRM Flood Insurance Rate Map [dated June 159
19831,; prepared for the Town of North Andover. Both of these maps
shcuw the site to be outside of the 100 year boundary.
If yaw have any questions regarding this matter , please contact
this office.
Very truly yours,
�at .,eeraJ,
Richard Kamins i & Associates, =Inc
fi'4c, Ge r d J . o r i n , . E. `
tR Ghie Eng er .
GJF/lh
jbc3221
Architects ❑Engineers E3 Surveyors ❑ Land Planners
200 Sutton St., North Andover, MA 01845, (617) 687-1483
BY M.iG' DATE 1� T"g8 SUBJECT .....�G✓'OYY/EV S»iTc FL .»Cf ��„. »...... SHEET NO....../.......OF../......... r.=
CHKD. BY ............. ATE ............... /:'." X2`7 JOB NO. .......»....»...»»»..».........
.....»...........
I_ ........... ........... ............... AVa.-11641... .»......................»... ...................................». ...». .»
YLv E of �oNdivG ft �4 7�,eo a ='.vt-57
A/ 71 J
! w
eoAl rIVA fi�y d - 90
i�ti 3� . 79
!mATcR p•�Ss�S TH•ecarrGh' )•ecA
rA C f Ty+fL Val-444 si�vvNlJ ?NL�7
.ry 333 c.�
Z5 c. F7i.
Toes Nod 495Fe)T VI -3AI- ''
"C7,AID
/
` I
i
Richard F. Kaminski & Associates, Inc.
December 8, 1988
Attorney Philip C. Lombardo
Hutchins & Wheeler
One Boston Place
Boston, MA 02108
RE: Conservation Commission
r Determination of
Applicability for
1679 Osgood Street
North Andover, MA
Dear Mr. Lombardo:
I have , as requested, examined the 1679 Osgood Street site along
with the relevant maps and reports in order to determine if
either the Massachusetts Wetland Protection 'Act or the North
Andover Wetland By-Law are applicable to this parcel It is my
belief that they are not applicable.
ati'
However, because the parcel does contain an intermittent stream
and some wetland vegetation, it is necessary that I explain my
conclusion.
In order to understand my conclusion, it necessary to
distinquish between wetland and wetland areas subject to
protection under the Act. Areas subject to protection under the
Act are classified as follows:
1 . Any bank, the ocean
any freshwater wetland, any estuary
any coastal wetland, any creek
any beach , bordering any river
any dune, on any stream
any flat, any pon$. '
any marsh, or any , lake
or any swamp
=' 2 . Land under any of the water bodies .listed above
3. Land subject to 'tidal action
4. Land subject to coastal storm flowage
5 . Land subject to flooding
Architects o Engineers P Surveyors o Land Planners
200 Sutton St., North Andover, MA 01845, (617) 687-1483
Mr. Philip C. Lombardo
December 8, 1988
Page 2 .
As you can see from the above, in order for the parcel to be
subject to either the Massachusetts Wetland Protection Act or the
North Andover Town By-Law, it must contain a wetland area
bordering on a water-way or land which is subject to flooding '
I have, as did IEP in their 1977 report to the North Andover
Conservation Commission, identified a intermittent stream on the .
parcel .
Based upon direct observation, it is clear that the intermittent
stream;
1 . is up gradient of all bogs, swamps and
marshes.
2 . flows during spring runoff and in direct response
to rain storms, but does not contain a flow at
other times.
1 3. terminates on the site at the bottom of
the slope adjacent to the greenhouse.
4. has no hydrologic connection, either by
channel or wetlands to the Merrimack
River.
Items, 3 and 4 , are also shown on the wetland map produced by
TEP.
It is interesting to note that this intermittent stream was
either overlooked or deemed to be sufficiently unimportant so as
to justify ignoring it by the;
1 . University of Massachusetts Map Down Project which
classified the area as a pasture or wild hayfield.
'
2.. Department of Interior National Wetlands Inventory
Map which does not show any wetland. s"
3. Geological Survey Topographic map which shows a
swale, but no stream.
Architects ❑ Engineers C7 Surveyors E1 Land Planners
200 Sutton St., North Andover, MA 01845, (617) 687-1483
Mr. Philip C. Lombardo
December 8, 1988
Page 3 .
s-, 4. Soil Conservation Surface Soil Maping project which
classified the area as having extensively drained soil
with a high water table in excess of six (6) feet on a
steep hillside with 8-15% slopes.
r
In summary , the intermittent stream on the referenced parcel is
not subject to either the Massachusetts Wetland Protection Act or
the North andover Wetland By-Law because it does not meet the
necessary conditions , as listed in 310. CMR 10.02( 1 ) (a)-(d) or
1 10. 04 (Stream) . It follows that since there is no statutory
stream there can be no bordering bank, wetland, marsh, bog or
swamp.
Under separate cover, the engineers have provided to you
calculations and documentation to demonstrate that the parcel
does not meet the flooding threshhold limits.
If I can be of further service .to you in this matter, please do
not hesitate to contact this office.
Sincerely yours,
Richard F. Kaminski & Associates, Inc.
Joseph B. Cushin
Environmental Biologist
JBC/lh
jbc3218
4
Architects D Engineers ❑ Surveyors o Land Planners
200 Sutton St., North Andover, MA 01845, (617) 687-1483
Richard F. Kaminski & Associates, Inc.
December 2, 1988
Mr. Frank Dushame
Assessor's Office
North Andover Town Hall
Main Street
North Andover, MA 01845
RE: certification of
• _ Abutters Lot 1 ,
`- Osgood Street
North Andover, MA
�a
Dear Mr. Dushame:
y Please certify that the individuals on the enclosed list are the
abutters to the 131 ,383 Sq.Ft. , 3.02 Acre parcel , designated as
F Lot 1 on the enclosed plan.
This certification is as required by the North Andover
y, Conservation commission.
If"I may be of further service to you in this matter, please do
not hesitate to contact me.
Sincerely yours,
Richard F. Kaminski & Associates, Inc.
y Joseph B. Cushing
Environmental Biologist
r„z �
JBC/lh
Enc.
jbc3192
Architects o Engineers ❑ Surveyors o Land Planners
200 Sutton St., North Andover, MA 01845, (617) 687-1483
h NEW LIST OF ABUTTERS
DECEMBER 1 , 1988
WOMAN'S HEALTH
OSGOOD STREET, NORTH ANDOVER
HAZEL J . ORCHARD
11 BRADFORD STREET
NORTH ANDOVER, MA 01845
MICHAEL G. & SARAH MACKOR
15 BRADFORD STREET
NORTH ANDOVER, MA 01845
ROBERT J . & GLORIA E. GIOSEFFI
19 BRADFORD STREET
NORTH ANDOVER, MA 01845
RICHARD P. & PHILA S. SLADE '
21 BRADFORD STREET
'= NORTH ANDOVER, MA 01845
RAYMOND G. & NANCY M. SANSOUCI
23 BRADFORD STREET
NORTH ANDOVER, MA 01845
WESTERN ELECTRIC
C/0 VOUCHER DEPT.
1600 OSGOOD STREET
NORTH ANDOVER, MA 01845
PHILIP E. & MARY W. ROCHE
1659 OSGOOD STREET
NORTH ANDOVER, MA 01845
HENRY P. & LORETTE F. POULIN
4 BLAISDELL STREET
HAVERHILL , MA 01830
GRACE K. MOSCHETTO
1679 OSGOOD STREET
NORTH ANDOVER, MA 01845
Ry
ROY MCKINNEY
1719 OSGOOD STREET
NORTH ANDOVER, MA 01845
ROY J . & YVETTE MCKINNEY
148 MIDDLESEX STREET
NORTH ANDOVER, MA 01845
ROY J . MCKINNEY
P.O. BOX 185
BRADFORD, MA 01830
ROY J . MCKINNEY
171 OSGOOD STREET
P. 0. BOX 185
NORTH ANDOVER, MA
OWNER
ook Paae .
SAFE & SOUND MINI STORAGE
COMPANY Map fit 2178 241
1679 Osgood Street Parcel 66 4/29( 1986 )
North Andover, MA
lRECEWV D
DAMIU 1_'1l9G
NOR 1 !iMIR
"' 16YER TOWN OF NORTH ANDOVER
a MASSACHUSETTS
JUL 12 38 M X06 PLANNING BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant John B. Todd Address 15 Windward Road, Lowell MA 01852
1. Application is hereby made
(a) For a Special Permit under Section 8.3 , Paragraph of the Zoning By-Law.
2. (a) Premises affected are land X and`buildings numbered Street.
(b). Premises affected are property with frontage on the North_ South
East West X side of jUrmRik,. Street, and known as .,
No. (Route. 114) Street.
(o) Premises affected are in Zoning District I-2 , and the premises affected
have an area of 2.73 Acres and frontage of 340 feet.
3• Ownership:
. (a) Name and address of owner (if joint ownership, give all names):
ABC Bus Company, PO Box 596, 8 Adrian Street. No. Andover, MA
Date of purohase 6/84 Previous Owner Han-Chiu Wang
(b) If applicant is not owner, check his interest, in the premises:
X Prospective purchaser
Lessee
Other (explain) - --
' 4- Size of proposed building: 220' front; 150' feet deep
Height: two stories; feet.
(a) Approximate date of erection Fall of 1986 -
(b) Occupancy or use (of each floor) cold storage warehousing
(o) Type of construction steel & concrete
5. Size of Existing Building: feet front; feet deep
Height: stories feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
(o) Type of construction
6. Has there been a previous application for a Special Permit from the Planning Board
on these premises? No
If so, when
7. Description of purpose for which Special Permit is sought on this petition:
Site Plan approval as required in an Industrial District for a building
having more than 10 parking spaces
i
(over)
8. Deed recorded in the Registry of Deeds in Book 1312 Page 19 or Land Court
Certificate No. Book Page
9. The principal points upon which I base my application are as follows: (must be
stated in detail)
C
To serve the citizens of the area with a secure, enclosed storage facility_
I agree to pay for advertising in newspaper and postage fee for mailing legal
Lnotic7 to LParties in interest".
ti Petitioner's si ature
Every ap licat on for action by tH6 Board shall be made on a form approved by the
Board. These forms shall be furnished by the Clerk upon request. Any communication
purporting to be an application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application form. All inform:iti,
called for by the form shall be furnished by the applicant in the manner therein
prescribed.
Every application shall be submitted with a list of "Parties in Interest" which
shall include the petitioner, abutters, owners of land directly opposite on any public
or private street or way and abutters to the abutters within three hundred (300) feet
of the property line all as they appear on the most recent applicable tax list, notwith—
standing that the land of any such owner is located in another city or town, the Plan—
ning Board of the town and the planning board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAME Abutters: ADDRESS
Boston Ski -Hill 'Area, Turnpike Street, NO. LAndover, MA _ 01845
The Trustees of Reservations
John Hancock Mutual Life Insurance Co. , 820 Turnpike Street, No. Andover, MA 01845.
i
f
,I
i
f
I
ADD ADDITIONAL S11EETS, IF NECESSARY.
_ .. r' �' P Il l 11 p 8 11
0A
Th y T' WN OFNORTU ANDOVER
NORT�- A' i.,YcR MASSACTIUSRTTS
JUL 14 2 30
}
,JS4CMUSlt
NOTICE OF DECISION
July 14, 1987
Date. . . . . . . . . . . . . . .
Date of Hearing . . . .July. .6 : 19.87
John B. Todd
Petition of . . . .. . . . .. . . . . . . .. . . . . . .
Premises affected . West side of .Turnpike. Street (Route 114) r
.. . . . . ,
Referring to the above petition for a special permit from the requirements
of the . . . .North Andover• Zoning, Bylaws. Section '2 ,. Paragraph•30 . 1
. .
so as to permit . • , Construction of a common driveway
• . • • . . , . . . . • • ♦ . • • • • • . .
I
• • • . . • . . • • • • . . . . . . . . . . . . . . . . . . . • • • • • • • • • • . • . • • • • . • • . .
After a public hearing given on the above date, the Planning Board voted
accept withdrawal without prejudice
to . . . . . . . .the . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
Signed
Erich W. Nitzsche, Chairman
- ccs Highway Surveyor . . . . . . . .. . . . . .
Board of Public Works John L. Simon Clerk
Tree Warden . . . . I . . . . . . . . . . . . . . . . . . . . .. . . .
Conseryation Commission Paul A. Hedstrom
Building inspector . . . .. . . . . . . . . . . . . . . .
Board of Health John J. Burke
Assessors . . . . . .. . . . . . . . . . . . . . . . . . . . . .
Police Chief
Fire Chief George D. Perna, Jr.
. . . . . . . . . . . . . • .• .. • . . • . .. .
Applicant, Engineer, File hlannifig Board
TOWN OF NORTH ANDOVER
REIN , 71MASSACHUSETTS
TO t Ct.c K
NORTH hN :i0VER PLANNING BOARD
APR 7 403 PV81 ,
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant
John Todd Address 15 Windward Rd. , Lowell, MA
1. Application is hereby made
(a) For a Special Permit under Section 8.3 , Paragraph 12
of the Zoning By-Law.
2. (a) Premises affected are land x and buildings numbered
Lot 1-B Salem Tuxnpike.
(b) Premises affected are property with frontage on the North
South x East West side of sal?gm TurURikP Street,
and known as No. Lot 1-B Salem Turnpike. .
(c) Premises affected are in Zoning District I- , and the premises
affected have an area of 127,947 s.fand frontage of 340 feet.
3. Ownership:
(a) Name and address of owner (if joint ownership, give all names) :
ABC Bus Compnay, P. 0. Box 596, Adrian St. , N. Andover MA 01845
Date of purchase Previous Owner
(b) If applicant is not owner, check his interest in the premises:
X Prospective purchaser
Lessee
Other (explain)
4 . Size of proposed building:.
220 Ft. front; 150 Ft. feet deep
Height: 2 stories; 24 feet.
(a) Approximate date of erection Begin construction spring 1987
(b) Occupancy or use (of each floor) Winter 1987
(c) Type of construction Steel and bar ioist with treated exter'or
5 . Size of Existing Building: ' N/A feet front: feet deep
Height: stories: feet.
(a) Approximate date of erection N/A
(b) Occupancy or use (of each floor) N/A
(c) Type of construction N/A
6. Has there been a previous application for a Special Permit from`the
Planning Board on the premises? Yes
If so, when July 21, 1986
7. Description of purpose for which Special Permit is sought on this
petition:
The petitioner seeks a Special Permit under Section 8 Para. 3• Site Plan Rev'
of the N. Andover Zonin B -La
8. Deed recorded in the Registry of Deeds in Book 1312 page 19
or Land Court Certificate No. Book Page
9. The principal points upon which I base my application are as
follows: (must be stated in detail)
Application must be filed in order to comply with Sec. 8, Para. 3 of the
North Andover Zonin B -Laws and to initiate the Process of site plan review
by the Planning Board.
I agr to pay for advertising in newspaperandpostage fee for
maili egal notices to Parts in Interest" .
Ever pplication for action by the Board shall be made on a form
approv by the Board. These forms shall be furnished by the Clerk upon
request. Any communication purporting to be an application shall be
treated as mere notice of intention to seek relief until such time as it
is made on the official application form. All information called for by
the form shall be furnished by the applicant in the manner therein
prescribed.
J
Every application shall be submitted with a list of "Parties of
Interest" which shall include the petitioner, abutters, owners of land
directly opposite on any public or private street or way and abutters to
the abutters within three hundred (300 ) feet of the property line all as
they appear on the most recent applicable tax list, notwithstanding that
the land of any such owner
is located in another city or town, the
Planning Board of the town and the Planning Board of every abutting city
or town.
LIST OF PARTIES OF INTEREST
NAME ADDRESS
Bernice A. Fink P. 0. Box 363, N.- Andover, MA
B & C Realty Trust 1175 Turnpike St. , N. Andover, MA
Boston Hill Ski Area c/o Robert W. Duren,
18 Seery St. , Malden, MA
John C. Farnum 426 Farnum St. , N. Andover, MA
Milton & Eileen Allen 1208 Turnpike St. , N. Andover, MA
Norman J. & Maims M. Schroder 1474 Turnpike St. , N. Andover, MA
i
71
December 21 , 1987
Town Clerk
Town of North Andover
128 Main St .
North Andover , MA 01845
Re: Submittal of Plan to the
Planning Board, Rte. 114,
North Andover , MA
Dear Sir:
Please be advised that I have submitted the below described plan
to the Planning Board in accordance with M.G.L. , Chapter 41 ,
Section 81P (approval under the subdivision control law not
required) for endorsement .
Enclosed herewith is a copy of the completed Form A application
for your files .
Plan filed:
"Plan of Land in N. Andover, MA" surveyed for Safe IN' Sound
mini Storage Co. , Scale: 1" = 401 , dated December 15 , 1987
by John A. Goodwin, R.L.S.
Very truly yours ,
Safe IN' Sound Mini Storage
n BB.. T
Todd
KLEINFELD & DEPAOLA
ATTORN¢78 AND COUMELLORS AT LAW
OCTEIGHT YmicolltzrICK STREET
U ° � �JV/1 BO/TCN. MM
SACFKlTT8 021145
LEONARD F. DEPAOLA +l !!//�l AREA COOK 617
BURTON H. KLEwFELD 4"-aa"
GEORGE H. NABON
October 7 , 1986
Mr. Daniel Long
Town Clerk
Town of Andover
Erich Nitzsche
Michael P. Roberts
John L. Simons
Paul A. Hedstrom, Esq.
John J. Burke
Re : John Todd , Petitioner vs. Eric Nitzshe, et al .
Land Court, Docket No. 121-200
Gentlemen:
You are hereby notified in accordance with Section 17 of
Chapter 40A of the General Laws of the Commonwealth of
Massachusetts that I have this day filed an appeal of your
decision dated September 8 and September 19, 1986 and filed
with the Town Clerk on September 19 , 1986 in the Land Court
Department of the Trial Court of the Commonwealth.
In accordance with said statute , I attach herewith a copy of
said complaint .
Very truly you ,
urto H . K einf d
BHK/amd
Encs,
Certified Mail '
cc : John B . Todd
DANIEL 40410
TOWN C F K
NORTI1 A!i VER
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS'. TRIAL COURT OF THE COMMONWEALTH-lo'
LAND COURT DEPARTMENT
No. : � 2l add
)
JOHN B. TODD, )
Petitioner )
V . )
ERICH W. NITZSCHE, Chairman )
MICHAEL P. ROBERTS, Vice Chairman ) COMPLAINT
JOHN L. SIMONS, Clerk )
PAUL A. HEDSTROM, ESQ. and )
JOHN J. BURKE (Planning Board )
of the Town of North Andover) , )
Defendants )
)
Now comes the Petitioner , and states as follows :
1. The Plaintiff , John B. Todd , is a resident of the City
of Lowell , Massachusetts , and was the Petitioner in a Petition for
a Special Permit from the requirements of the North Andover Zoning
By-Law, Section 8 , paragraph 3 , for Site Plan Review to permit the
construction of a building for storage warehousing and associated
parking on the west side of Turnpike Street (Route 114) , Town of
North Andover, and a Special Permit to allow the existing driveway
to service two lots under Section 2. 30. 1 of the Zoning By-Laws ,
and is a party aggrieved by the decision of the Defendant Planning
Board dated September 19, 1986 , denying his Petition .
2. The Defendant, Erich W. Nitzsche, resides at 1253 Salem
Street North Andover , Massachusetts , n s he Chairman of the
M c etts and i t
Planning Board of the Town of North Andover .
3. The Defendant, Michael P. Roberts , resides at 479
Waverly Road , North Andover , Massachusetts , and is the Vice
Chairman of the Planning Board of the Town of North Andover.
4 . The Defendant , John L. Simons , resides at 74 Rock Road ,
North Andover, Massachusetts , and is the Clerk and a member of the
Planning Board of the Town of North Andover .
5. The Defendant, Paul A. Hedstrom, Esq. , resides at 30
Oakes Drive, North Andover , Massachusetts , and is a member of the
Planning Board of the Town of North Andover .
6. The Defendant, John J. Burke , resides at 65 Hillside
Road , North Andover, Massachusetts , and is a member of the
Planning Board of the Town of North Andover .
7. All of the Defendants constitute the Planning Board of
the Town of North Andover, Massachusetts , and as such are the
Special Permit granting authority for Site Plan Review in
accordance with Section 8 , paragraph 3 0£ the North Andover Zoning
By-Laws and the Special Permit granting authority under Section
2. 30. 1 .
8 . On or about September 19 , 1986 , the Defendants filed
with the Town Clerk a Notice of Decision denying the Petition of
the Petitioner , John B. Todd , for a Site Plan Review Special
Permit under Section 8 , paragraph 3 , of the North Andover Zoning
By-Law, and failed to act on the Special Permit request under
Section 2. 30. 1. A copy of said decision is attached hereto as
Exhibit "A" and made a part hereof.
-2-
9. The Petitioner , John B. Todd , brings this action
pursuant to Section 17 of Chapter 40A of the General Laws of the
Commonwealth of Massachusetts as a party aggrieved by the Board ' s
decision denying Site Plan Review Special Permit under Section
8 . 3, and lack of decision on the request for Special Permit under
Section 2. 30. 1 .
10. The Petitioner states that the decision of the Board
hereinabove referred to , in the Petition under Section 8. 3,
exceeds the authority of the Planning Board of the Town of North
Andover and that said decision was entered as the result of gross
negligence, in bad faith and with malice on the part of several
members of the Planning Board. The Petitioner also states that
the Board ' s failure to act on the request for Special Permit under
Section 2. 30. 1 of the Zoning By-Law is also the result of gross
negligence , bad faith and malice .
11. The Petitioner further states that under Section 8 . 3 and
lack of decision under Section 2. 30. 1 , the decision of the Board
is arbitrary and capricious.
12. The Petitioner further states that the Planning Board
has no authority to deny said Site Plan Review Special Permit
under the Town Zoning By-Law, and there was no valid reason for
the Board' s failure to grant a Special Permit under Section
2. 30. 1.
WHEREFORE, the Petitioner prays :
1. That the decision of the Planning Board of the Town of
North Andover dated September 19 , 1986 denying the Petitioner ' s
application for Site Plan Review Special Permit be annulled .
-3-
2. That the Planning Board of the Town of North Andover be
ordered to grant Petitioner' s application for Site Plan Review
Special Permit.
3. That the Planning Board of the Town of North Andover be
ordered to grant Petitioner a Special Permit under Section 2. 30. 1
of the Zoning By-Law.
4. That the Petitioner be awarded its cost of bringing and
maintaining this appeal in accordance with Section 17, Chapter 40A
of the General Laws of the Commonwealth.
5. For such other relief as this court may deem meet just ,
equitable and proper.
By his attorneys ,
KLEINFELD & DEPAOLA
By:
Burton H. Kleinfeld
Kleinfeld & DePaola
Eight Winchester Street
Boston, Massachusetts 02116
(617 ) 482-2377
DATED: October 6, 1986
-4-
MUM fflfl
TOWN OF NORTH ANDOVER TOf{iEt ��+ C
i MASSACHUSETTSMOnr�tlYn' p�`�'
Y i kR
SEP 19 9 .
l 4 �
a
I � �
t ,•'IACHVSe
i.
NOTICE OF DECISION
,3
Date. . Aepttq*gx.
July 21, •1986
Date of Hearin
Petition of JOhn B. Todd
3
'
Premises affected . . . . .West. .side of Turnpike Street (Route 114)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the , „North Andover. Zoning.Bylaw Section.Section. 8, Paragraph 3
so as to permit the construction of a building for ' storage ware
'! , , , ,housing and, associated.parking..
. . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . .. .. . . ..
j
After a public hearing given on the above date, the Planning Board voted
.' to . . . . ,deny . • • ,the , , Site. Plan• Review Special .Permit: . • �• . • , .
. . . . . . . . . . . . . . . .
1 -
based upon the following conditions:
Signed .
�.. •_ _ . .i'rzich w, .Na-.tzsche.,. .Chaa-xxaan
Michael P. Roberts . .uice-Chairman
. . . . . . . . . . . . . . . . . .
John L. Simons, Clerk
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
. . . . . . .. . .
I
Paul A. Hedstrom
t . . . . . . . . . . . . . . . . . . ..
John J. Burke
. . . . . . . .islnnnifig Board. . . . . . . .
PU���IhG 80AGG pR��� ,;,� f;
TOWN OF NORTH ANDOVER
120 Main Street N0f'T`' "��''=R
North Andover, MA. 01845
7S`P !3 ;,1 11
4
1 MOATti
Ot . .. y7y0
a�
CNU+�{
ti
is September 8, 1986
i
i
i
Mr. Daniel Long, Town Clerk
' Town Hall
120 Main Street
North Andover, MA 01845
Re: TODD SITE PLAN REVIEW - SPECIAL PERMIT
MINI WAREHOUSING
Dear Mr. Long:
i
The North Andover Planning Board held a public hearing on
Monday evening, July 21 , 1986 at 8 : 30 p.m. in the Town Office
Meeting Room upon the application of JOHN B. TODD, 15 Winward
I Road, Lowell, MA 01852 . The hearing was advertized in the
Lawrence Eagle Tribune on July 7 and July 14, 1986. The follow-
ing members were present at the July 21 , 1986 meeting: Erich W.
Nit,zsche, Chairman; Michael P. Roberts, Vice Chairman; John L.
Simons; John J. Burke and Paul A. Hedstrom.
The petitioner seeks a Special Permit under SECTION 8,
PARAGRAPH 3; Site Plan Review of the North Andover Zoning Bylaw.
The purpose of the Site Plan Special Permit is to review John B.
Todd' s proposal to construct a building for ' storage warehousing
and associated parking' . The site is located on the West side
of Turnpike Street (Route 114) , possessing 2 .73 acres, 340 feet
of frontage and located in an Industrial 2 (I-2) Zoning District.
At the hearing, the applicant'.s representative, Mr. John
Callahan from Callahan Associates, gave the following presentation:
Two story building typical series of warehousing
enclosed with peripheral areas being allocated for
storage.
i
John B. Todd
Special Permit
Page 2
Pass through is a drive through the middle of the
building with elevators for merchandise and equipment,
••,.y not for personnel (operational from outside as well as
inside) .
- Parcel of land consists of 2.73 acres, building covers
ground space of 33,000 square feet of 27. 8 percent,
of the building area, the pavement with 16 parking spaces ..
is 31,750 square feet (26.7 percent) .
-. 50 percent of the land is open, common drive is included,
which reduces it by 7 percent.
- The building is metal steel frame structure.
- Lighting is proposed for illuminating the area.
- Operational hours is based on a 6 day a week time frame,
7 am to 7 pm.
- Manager' s office on the second floor and will maintain
the facility. The entire building will be secured with
safety device.
ABC Bus and Mr. Todd will extend water line from across
the street in the future.
A residential apartment is located on the second floor.
Mr. Campbell, an associate of Mr. Todd's, supplied the
Board with a letter from the Building Inspector indicating
that mini-warehousing is allowed in I-2.
The Planning Board had the following questions and
comments:
- Mr. Simons: The drive through is not included in the
floor coverage ratio. The Planning Board cannot grant
waivers on parking requirements, the Appeal' s Board
is the granting authority. Extensive on site wetland
and filling is proposed.
- Mr. Hedstrom: History of site is such that any use not
consistent with character of use along Rte. 114 would
require greater attention to Site Plan Bylaw requirements .
Where is landscape screening detail for the site?
Warehousing concept along 114 corridor is not the optimum
use for the site and not consistent with the land uses
surrounding the parcel. Therefore recommends an
extreme landscape treatment such that it will be
screened to blend in with the light industrial uses on
114 .
- Ms. Nelson (Town Planner) : How does 'personal storage'
fit under the definition of warehousing in the bylaw of
detailed description.
- Mr. Nitzsche: No drainage plans or calculations have
been submitted per site plan requirements. Mr. Callahan
informed the Board that these are not finalized plans,
wanted to bring plans for discussion of feasibility.
`{ John B. Todd
v Special Permit
Page 3
Resident Comments:
Mr. Henry Fink spoke in opposition of the project due to
the request in the reduction in number of parking spaces. The
impervious area creates a drainage concern - the retention
area is upstream not downstream. The septic systems have not
been approved. Mr. Brickus commented that the Planning Board
' s should not be put in the position of designing the site plan
' but reviewing it.
,a Motion was made by M. Roberts and seconded by P. Hedstrom
f to continue the hearing to August 18, 1886 and to provide the
board with additional information. VOTE was unanimous.
At the continued hearing of August 18, 1986 Jahn Callahan,
the engineer for the project and John Todd, applicant were
present. Mr. Todd explained that he has addressed the questions
� that the Planning Board .raised at the last Public Hearing. They
i
are as follows:
- Copied from a building in Houston, Texas.
- Constructed with Durastone building material. -
- Traffic impact will be 15-18 vehicles per day.
- He has purchased additional land which will allow him
to conform to zoning regulations .
- The plan also conforms to the 75% CBA as stated in the
new zoning bylaw.
Mr. Frank Todd, a landscape architect, discussed the
landscaping plan for the project. Chairman Nitzsche asked that
drainage calculations be given to the Planning Board. The
apartment which is part of the project will remain according
to the applicant. Mr. Todd stated that he obtained a written
opinion from the Building Inspector that this use would be
allowed in an Industrial 2 District. However, the Planning
Board differed with this opinion according to their interpretation
of the Zoning Bylaw. Mr. Callahan also requested that the
Planning Board waive the Special Permit for a Common Driveway.
A motion was made by Michael Roberts to take the matter
} under advisement and close the public hearing, seconded by
Paul a. Hedstrom. The VOTE was unanimous.
The following members were present and voting at the
September 8 , 1986 Planning Board meeting when the Board rendered
their decision: Michael P. Roberts, Paul Hedstrom, John Simons,
John Burke.
Upon a motion made by John Simons and seconded by Paul
Hedstrom, the Board voted three in favor and one against (John
Burke) TO DENY THE PETITION ZOR SITE PLAN APPROVAL UNDER THE
SPECIAL PERMIT PROCESS FOR JOHN TODD, PLAN DATED JULY 1986
REVISED AUGUST 13, 1986 ENTITLED 'NEW STORAGE FACILITY' BY
JOHN CALLAHAN ASSOCIATES for the following reasons :
}
1
1 John B. Todd
Special Permit
Page 4
1 . Lack of a revised detailed landscaping plan for the
proposed ' storage facility' site as was requested
at the hearing of July 21, 1986. No attempt was made
by the applicant at the continuation of the hearing
to address adequately the screening and landscape
r
issue.
! 2 . The application and accompanying plan violate Section
2 . 30. 1 of the Zoning Bylaw in that it shows a single
commercial driveway being used by more than one
building.
3. The Board of Health is unable to determine the feasi-
bility of placing a septic system on site based on
the design of the lot and proposed uses of the warehouse.
See Exhibit A.
4. The proposed residential use identified in the
application (second floor apartment) is NOT permitted
in an Industrial-2 Zoning District.
5. No drainage information was submitted based on the
number of proposed parking spaces, impervious material
and building size in accordance with the Site Plan
Review plan requirements Section 8 . 3 ,3.d. The Board
raised specific issues on drainage because of the
topography of the site and the existence of a located
stream. The failure to address drainage issues and
the result of the construction process to adjoining
wetland prevented the Board from addressing specific guide-
lines required to be addressed by the Zoning Bylaw.
6. The North Andover Conservation Commission has informed
the Planning Board in writing that the project does not
meet the performance standards of the commission and
that the wetland alterations will more than likely not
receive approval.
7 . The Fire Department requires 360 degree access from
all points of the building. This is not provided.
8 . The proposal has not been reviewed by the State Depart-
ment of Public Works. The traffic impact has not
been addressed in the form of a study for review by
the Board.
In denying this Special Permit, the Planning Board finds
pursuant to Section 10.31 - Conditions for Approval of Special
Permits of the Zoning Bylaw:
- The specific site, as noted in the plans dated July, 1986 ,
revised August 13, 1986 is not an appropriate location
for such a structure .
- The use, 'cold storage/mini-warehousing' with a residential
apartment will adversely affect the neighborhood.
- Serious safety issues and hazards to vehicles or
pedestrians exists under the present application.
•
John B. Todd
Special Permit
Page 5
THE SPECIAL PERMIT GRANTING AUTHORITY (PLANNING BOARD) SHALL
NOT GRANT ANY SPECIALE
P RMIT UNLESS THEY MAKE A SPECIFIC FINDING
THAT THE USE IS IN HARMONY WITH THE GENERAL PURPOSE OF THIS
BYLAW.
Sincerely,
PLANNING BOARD
Erich W. Nitzs e,,.w
Chairman
EWN:nrs
cc: Highway Surveyor
Board of Public Works
Tree Department
Conservation Commission
Building Inspector
Board of Health
Assessor
y
Fire Chief
Police Chief
Applicant
Engineer
File
t
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
Mr + 2i 19 8-7
�Th the 414AWMoard of the Tbr m of North Andover:
The undersigned wishes to record the acompanying plan and requests a determination
by said Board that approval by it under the Subdivision Control law is not required.
The undersigned believes that such approval is not required for the following reasons:
1. The division of land shown on the accompanying plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the G3�r
North Andover Zoning By-law and is m a public way,
cr �}� or a private way, namely,
being land bounded as follows:
C�(y�7�tiv1tic 132, 2Cg3 rte- • of l ►�nrc� , �����Qd .00 ` too-
/4�-��s C_.,n ���'�S 4' n , SC b.a 1`��S�ary N►�._SK,.i
RTj D- +L.NQ- NE 13y --r-vc�.r.�pt Icy' S-r.
2. Title reference: North Essex Deeds, Book Page _, or
Certificate of Title No. Registration Book
page , or Other: PLAN 1403 89
Received by Town Clerk: li is signature
Date: `
Time. 1'cant's address ,ZS Y Y 1NLrn►I�4R� 1ZP
Signature• LOW e-' ` 1.
Owner's iq d address, if not the
applicant: &L'
�-�—
' MA, a 8 5-
Special Permit
` TOWN OF NORTH ANDOVER
Site Plan Review
RECEfYEp MASSACHUSETTS Safe 'N ' Sound'
TOWNDANILr Mini Storage
44YN, CI F jK Feb. 12, 1988
NORTHARD�VER PLANNING BOARD
FEB 11 257 FN #a '
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant John B. Todd Address 15 Windward Rd Lowell MA
1. Application is hereby made
(a) For a Special Permit under Section 8 , Paragraph 8. 3
of the Zoning By-Law.
2. (a) Premises affected are land x and buildings , numbered
Lot B-3 Salem Tpk.Street.
(b) Premises affected are property with frontage
ur pike orth
Street,
South x East West . side of
and known as No. Lot B-3, Salem Turnpike Street.
(c) Premises affected are in Zoning District I-2 , and he34 premise fee
affected have an area of 132,759 and frontage of
3. Ownership:
(a) Name and address of owner (if joint ownership, give all names) :
ABC Bus Co. , P. 0. Box 596, Adrain St., N. 7�ndover, MA 01845
Date of purchase Previous Owner
(b) If applicant is not owner, check his interest in the premises:
X Prospective purchaser
Lessee
Other (explain)
220 ft, front; 100 ft. feet deep
4. Size of proposed building: __77 feet.
Height. 3 stories;
(a) Approximate date of erection Begin construction spring 1988
(b) Occupancy or use (of each floor) Fal 1988
(c} Type of construction Steel and bar 'gist with treated exterior
J
5. Size of Existing Building: L feet front: feet deep
Height: stories: feet.
(a) Approximate date of erection NSA
(b) occupancy or use (of each floor)
(c) Type of construction NSA
6. Has there been a previous application for a Special Permit from-the
Planning Board on the premises? yes
If so, when July 21, 1986, site plan review, April 6, 1987,
site plan review, May 26, 9 Common rive, uqq i e a
r v ew & Common D vewa
7. Description of purpose for which Specia ermit is sougi on this
petition:
Special Permit required for site plan review pursuant to
Section 8, Para. 8 . 3 , N. Andover Zoning By-laws.
1312 10
S. Deed recorded in the Registry of Deeds in Book Page
or Land Court Certificate No. Book Page
9 . The principal points upon which I base my application are as
follows: (must be stated in detail)
Required by zoning
44.
I agree opay for advertising in newspaper and postage fee .for
mailing ega notices to " ties in Interest" .
Every ap cation for action by the Board shall be made on a form
approved b the Board. These forms shall be furnished by the Clerk upo
request. Any communication purporting to be an application shall be
treated as mere notice of intention to seek relief until such time as i'
is made on the official application form. All information called for b_
the form shall be furnished by the applicant in the manner therein
prescribed.
i
w
Every application shall be submitted with a list of "Parties of
Interest" which shall include the petitioner, abutters, owners of land
directly opposite on any public or private street or way and abutters t
the abutters within three hundred (300 ) feet of the property line all a
they appear on the most recent applicable tax list, notwithstanding tha
the land of any such owner is located in another city or town, the
Planning Board of the town and the Planning Board of every abutting cit
or town.
LIST OF PARTIES OF INTEREST
NAME ADDRESS
Bernice A. Fink P. 0. Box 363, N. Andover, MA 01845
B & C Realty Trust 1175 Turnpike St. , N. Andover, MA 01845
Boston Hill Ski Area c/o Robert W. Dunn
18 Seery St. , Malden, big
John C. Farnum 426 Farnum St. , N. Andover, iL4 01845
Milton & Eileen Allen 1208 Turnpike St. , N. Andover, MA 01845
Norman J. & Maime M. Schroder 1474 Turnpike St. , N. Andover, 3?4 01845
Owner - ABC Bus Company P. 0. Box 596 Adrian St. , N. Andover, MA 0184
Engineer- Richard F. Kaminski & Assoc. , Inc.
200 Sutton St.
N. Andover, MA 01845
y
" TOWN OF NORTH ANDOVER Special Permit
MASSACHUSETTS Common Driveway
RECEIVED Safe ' N' Sound
DANIEL, LONGBoston Brook
TOWN CLERK Feb.BOARD Feb. 12, 1988
NORTH ANDOVER ,
FE 1 S7 P# PLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant John B. Todd Address 15 windward Rd. Lowell , MA
1. Application is hereby made
(a) For a Special Permit under Section 2 , Paragraph 30. 1
of the Zoning By-Law.
2. (a) Premises affected are land x and buildings . numbered
Lot B-3 , Salem Tuk.Street.
(b) Premises affected are property with frontage on the North
South x East.
West side of Salem Turnpike Street,
Turnpike e
and known as No. Lot B-3 , Salem p Strut.
(c) Premises affected are in zoning District 2-2 , and the premises
affected have an area of _132, 759 and frontage of 340 feet.
3. Ownership:
4 (a) Name and address of owner ( if joint ownership, give all names) :
ABC Bus Co. , P. 0. Box 596, Adrain St. , N. Andover, MA 01845
Date of purchase Previous Owner
o
(b) If applicant is not owner, check his interest in the premises:
X Prospective purchaser
Lessee
Other (explain)
220 ft. front; 100 ft. feet deep
3
4. Size of proposed building: __
Height: stories; feet.
(a) Approximate date of erection Begin construction spring 1988
(b) Occupancy or use (of each floor)
Fall 1988
(c) Type of construction Steel and bar 'oist with treated exterior
5 . Size of Existing Building: -N/A feet front: feet deep
Height: stories: feet.
(a) Approximate date of erection N/A
(b) occupancy or use (of each floor)
(c) Type of construction N/A
6. Has there been a previous application for a Special Permit from ' the
Planning Board on the premises? yes
If so, when July 21, 1986, site plan review, April 6, 1987, site an
Site plan review, n 26, 19 7 Common rrvvew AuCCmmon Dzi' e
7 . Description of purpose for which -Speciar Kermit is sougnt on this
petition:
The petitioner seeks a S ecial ermit under_ S
Paragraph 30. 1, Common Driveway. A Special Fermat ; s ren"' TPS
in or er to share the existin drivewa servin t e C
us Company facilit .
,A
1312 10
S . Deed recorded in the Registry of Deeds in Book _ Page
or Land Court Certificate No . Page
9 . The principal points upon which I base my application are as
follows:
must be stated in detail)
The sharing of the existing driveway will significantly reduce
e amoun o disruption a �acen o an in o we an areas.
It will allow the evelopment with minima 1 11
environmental
disruption.
I agree to pa r advertising in newspaper and postage fee for
mailing Legal n ti es to " t ' in terest" .
p r C1 L�L
J
Every applica i n for action by the Board shall be made on a form
approved by the pard. These forms shag be be anralslicationby hshallrbeupon
request. Any communication purporting PP
treated as mere notice of intention to seek relief until such time as it
is made on the official application form. All. information called for by
the form shall be furnished by the applicant in the manner therein
prescribed.
Every application shall be submitted with a list of "Parties of
interest" which shall include the petitioner, abutters, owners of land
directly opposite on any public or private street or way and abutters to
the abutters within three hundred (300 ) feet of the property line all as
they appear on the most recent applicable tax list, notwithstanding that
the land of any such owner is located in another city 'or town, the
Planning Board of the town and the Planning Board of every abutting city
or town.
LIST OF PARTIES OF INTEREST
NAME ADDRESS
Bernice_ A. Fink ?. 0. Box 363, N. Andover, M.? 01845
B & C Realty Trust 1175 Turnpike St. , N. Andover, Mk 01845
Boston 'ill Ski Area c/o Robert W. Dunn
18 Seery St . , Malden, IMA
John C. Farnum 426 Farnum St. , N. Andover, :'_4 01845
Milton & Eileen Allen 1208 Turnpike St. , N. Andover, ILA 01845
Norman J. & Maime M. Schroder 1474 Turnpike St. , N. Andover, 'L9 01845
Owner - ABC Bus Comoany P. d. Box 596 Adrian St. , N. Andover, MA 01845
Engineer- Richard F. Kaminski & Assoc. , Inc.
200 Sutton St.
N. Andover, LA 0.1845
I �
MUM MH
DAK tk w Or N0RTIII ANn0V1; R `
NflQW tvER MASSACHUS1•iTTS
JUL 11[ pp`r`4 2 36 1 i'' '8 MOR)M�
OL
D
e s
NOTICE OF DECISION
July 14, 1987
Date. . . . . . . . . . . . . . . . .
Date of Hearing . July. 6,. .1987
y
Petition of John B. .Todd
. . . . . . . . . . . . . . . . . . . .
West. side.of Turnpike Street (Route 114)
Premises affected
. . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the , •North Andover. Zoning Bylaw. Section, 8, Paragraph 3
so as to permit the construction of .a•building• for storage. ware:
. .. .
housing and associated parking'
. . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
to . , ,accept , , , ,the .withdrawal, without prejudice. . . . , . . . . .
. . . . . . . . . .
based upon the following conditions:
Signed
cc: Highway Surveyor Erich W. Nitzsche, Chairman
g Y Y
Board of Public Works . ' . . . ' . . . ' . . • • . . .
Tree Warden John L. Simon, Clerk
Conservation Commission . • • • • . • .
Building Inspector Paul A. Hedstrom
Board of. Health . . . . . . . . . . 0 . . . . . . . . . . . . . . I. . . . . .
Assessors John .J. Burke
Police Chief . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . .
Fire Chief George D. Perna, Jr.
Applicant, Engineer, File • • • •Bo• • •• • • •
. . . . . . •1'ltinni�� � 1rc�
i
APPLICATION FOR ENDORSEMENT OF PLAN
BELSEVED Nor ToREb DIRE APPROVAL
-_�•
19
To the Plain�l card of-the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determination
by said Board that approval by it under the Subdivision Control Law is not required.
The undersigned believes that such approval is not required for the following reasons:
1. The division of land shown on the accompanying plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the
North Andover Zoning By-Law and is on a public way, namely,- 'C-Q at4lP%Y� S�-
or a private way, namely,
being land bounded as follows:
C�t�TAi h,l>v� 132, 21Q3 S • �`4- 4 t= A+s , boy 0A Q d oN -vv\a. N b
u.At .:5v5
`T-yWP!K-E' STS
2. Title reference: North Essex Deeds, Book Page . ZZL or
Certificate of Title No. Registration Book
Page
. or other: PLAN-':'-1403E?!3
Received by Town Clerk: li is signaturre:
Date:
Time•
�(1/icantls address iSW 1NOwP.R�] �•P '
Signature: LoVy e c ,�} rJ 1 E,5-72
a•C[a •.<"'
Owner's
gni ure d addresif not the
applicant: i - (..(- Z .
Received by Town Clerk :
RECEIVED
TO
NORTH AND03R
JAN is s
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
1 . The North Andover Planni�►§Znthas
determi th said plan
does not require appy val Sub is ion ontrol L ,
and the appropr a endorseen made upon a same .
2 . The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G.L . c . 41 , s . 81-L , and
must therefore be re-submitted to it for approval under the
I
Subdivision Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
P
By :
Date :
P6AhhING BOA�O �������
TOWN OF NORTH ANDOVER 04MIFLL046
MASSACHUSETTSW C'F�K
t�a� q��RPTOT�+"�� aov��
3?O`NORTH Avc 1111 V 3S
ty Sao�.1h0
Any appeal shall be filed "
A
within (20) days after the
date of filing Of this Notice '88•�,�St'
in the Office of the Town
Clark. NOTICE OF DECISION
Date. . Augu,st 1b.,. d9B9. . . . .. . .
Date of Hearing August.l0,.19$x.
Petition of John B. Todd, safe 'N' sound Mini storage
Premises affected . . 1171 Turnpike_Street
. . . . . . . . . .. .. . . . . . .. . . . .. . . . . . .. . . . . . . .
Referring to the above petition for a special permit from the requirements
of the .q4 .0i to Plan
so as to permit . .� .f i�;at pus. XP-fid. iipmve-4.F4-r-.Ply..T4 gUV9.49�94V.4#.#4e
. . .W-JAVAs M sWAPA49.. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . .. .. . . . . .. . .. . . . . ..
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to „APPROVE , , , , ,the , , , Site Plan Modification, . . .. .
based upon the following conditions:
cc: Director of Public Works Signed
Board of Public works
Highway Surveyor George,Pern�s ,C2�aireisn..,
it
Building Inspector Erich Nitzsche
Board of Health
Conservation Commission John Graham
Assessors . . . . .. .. . . . . . . . . . . . . . . . . . . . . .. .
Police Chief Paul Hedstrom
Fire Chief . . . . . . . .. . . . . . . ..
Applicant , Interested Parties
Engineer . . . • • • •
File 'planning Board
OFFICES OF: o Town of 120 n la
BUILDING NORTH ANDOVER Ma -s� 18
CONSERVATION .
HEALTH m°"" DIVISION OF (s { V R
PLANNING
PLANNING & COMMUNITY DEVELOPMENT ^� sy PU t03
KAREN H.P. NELSON, DIRECTOR
August 15, 1989
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845 Re : Safe 'N ' Sound
Mini Storage,
Site Plan Review
Modification
Dear Mr. Long:
The North Andover Planning Board held a public hearing on July
13 , 1989 , in the Town Hall , Library/Conference Room. The hearing was
duly advertised in the North Andover Citizen on June 22 and June 29,
1988 and parties of interest were properly notified. The meeting was
called to order by the Chairman, George Perna, Jr. Also present were
John Simons , Clerk; Erich Nitzsche and Michael Leary.
The petitioner seeks approval of a Site Plan Review Modification
pursuant to the provisions of the North Andover Zoning Bylaw, Section
8 . 36 , Revisions to Approved Site Plan. The premises affected is located
at 1171 Turnpike Street, in an Industrial-2 ( I-2 ) Zoning District.
John Simons read the legal notice to open the public hearing.
Letters were read from Chris Huntress , Environmental Planner, to the
Building Inspector, Bob Nicetta; from Bob Nicetta, Building Inspector to
Mr. Todd. Also a letter from Joe Borgesi , engineer was read.
Bertin Clynefeld, Mr. Todd' s attorney, was present. The
original application for the site plan stated the proposed building
would be 34 feet high. The building had not been designed at that
time . Due to the request of the Board, the building was redesigned
several times . The height of the building is 36 feet.
George Perna expressed concerns about screening and asked- if
they were finished and complete . The response from Attorney Clynefeld
was that they were not finished. There were supposed to be twelve ( 12 )
trees planted outside the fence . The fence is right on the edge of the
wetlands and they cannot be planted. Erich Nitzsche spoke on the
proposed parking area which was conditioned for the possible maximum use
of the building, should someday, the building be sold. In this case he
felt no need at this time to have the entire area paved for parking and
maybe some of the trees could be planted on the inside of the fence in
thaL area. A site visit will be Saturday, July 15 , 1989 at 9 ; 30 a. m.
Page 2:
A motion was made by John Simons to continue the public hearing
and visit the site on Saturday morning at 9 : 30a. m. The motion was
seconded by Michael Leary. Bob Dunn, owner of Boston Hill Ski Area,
spoke on his concerns of drainage and screening on the abutting
property. A brief discussion took place between Mr. Dunn, Mr. Todd and
the Board. The motion was voted unanimously by the Board.
On July 27 , 1989 the Planning Board held a regular meeting in
the Town Hall , Library/Conference Room. The meeting was called to order
by the Chairman, George Perna, Jr. Also present were John Simons,
Clerk; Erich Nitzsche and John Graham, who is replacing Michael Leary,
who resigned as a Board member. Paul Hedstrom was also present. The
Town Manager asked Mr. Hedstrom to remain as a Board member until
September 1 , 1989 .
John Simons read a letter from Chris Huntress, Environmental
Planner, to Mr. Todd with issues to be addressed.
George Perna, Chairman, asked Mr. Todd to elaborate on issues
that were agreed to on the site visit. Mr. Todd said that he agreed to
putting berm along the edge of the parking lot. George Perna asked that
the arborvitae be planted around the corner of the building, presently
goes to the corner of the building. George Perna also said the the
trees looked like they were dying. Mr. Todd said that to address the
issues the Board had, the trees had to be taken out and replanted.
Mr. Todd gave the Board a letter from Geotechnical Consultants
regarding samples of water taken from the site. . Mr. Todd read parts of
the letter to the Board, with a brief summary that of those chemicals
that were tested for there were no volatile organic compounds or
petroleum hydrocarbons.
George Perna asked for a motion. Erich Nitzsche made a motion
to close the public hearing and direct the Planner to draft a
conditional approval with the following:
1 . Arborvitae be extended around the corner of the
building twenty ( 20) feet.
2 . Stockade fence that was removed to reinstalled.
Accept a o e warrantee from the landscaper.
3 ep copy f the P
4 . Accept the height of the building at 36 . 5 feet.
5 . All other conditions remain in effect.
The motion was seconded by Paul Hedstrom and voted unanimously by the
Board.
Page 3 :
On August 10, 1989 the planning Board held a regular meeting in
the Town Hall , Library/Conference Room. The meeting was called to order
by George Perna, Chairman. Also present were Erich Nitzsche, John
Graham and Paul Hedstrom. John Simons, Clerk, was absent.
A motion was made by Erich Nitzsche to approve the Site Plan
Modification of Safe 'N ' Sound Mini Storage as drafted. The motion was
seconded by John Graham and voted unanimously by the Board of those
present.
Sincerely,
PLANNING BOARD
tZ
qj
Georg Perna, Jr.,� ��
Chairman
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Safe & Sound Mini Storage
Modification to a Site Plan Approval.
conditional Special Permit Approval.
The Planning Board makes the following findings regarding this
Special Permit as required by section 8. 3 of the Zoning Bylaws:
1. The proposed use and site design for this lot are
appropriate, due to it's location in Town.
2 . Adequate vehicular and pedestrian access into the surrounding
site has been provided.
3. The landscaping plan as shown and revised, meets the
requirements of section 8.4 of the Zoning Bylaws.
4. The site drainage system is designed in accordance with the
Town Bylaw requirements.
5. The applicant has met the requirements of the Town for Site
Plan Review as stated in Section 8. 3 of the Zoning Bylaw.
6. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
The Planning Board finds under Section 8.35 of the Zoning Bylaw
that the proposed site plan generally complies with the Town
Bylaw requirements but requires minor conditions in order to be
completely in compliance with Town Bylaws.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions which
shall be submitted to the Board prior to signing the documents to
be filed with the North Essex Registry of Deeds.
1. 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 this approval, shall be
replaced by the owner.
2. Prior to the applicant receiving a certificate of
Occupancy, the 4-5 foot arborvitea screen that has been
planted along the detention pond shall extend around the
corner of the fence to provide a better screen for the
adjacent property.
3. The stockade fence which has been removed tog ive better
access to construction vehicles must be replaced and
installed permanently.
4. All prior conditions, that are not herein modified by this
decision, are to remain in full force and effect.
5. The building height of 36.5 feet is found to be within the
Zoning Bylaws and is acceptable with the addition of the
above listed conditions.
The following plans are deemed approved by this decision:
Plans Entitled: Site Plan of Land in North Andover, Mass.
Prepared for Safe and Sound Mini Storage.
Dated: April 2, 1987 Final revision date of May
5, 1988.
ccs Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File