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Home My WebLink AboutBOURGEOIS, JAMES I ' I N to APPLICANT/TOWN CLM of Action of Planning Board on Preliminary S� sien Plan "itled: Preliminary Subdivision Plan of North Andover Business Park Extension. By: Thomas E. Neve Associates, Inc. dated June 24, 1988 1. The North Andover Planning Board has tentatively approved said plan, with- out any modifications thereof. 2. The North Andover Planning Board has disapproved said plans for the following reasons: 3• The North Andover Planning Board has tentatively approved said plant subject to the following modifications thereof: SEE ATTACHED m m any � cs��'cy Z �oOo c= x very truly yours, NORTH ANWM PLANNING BOARD By __Pat:7 PL i4gkfici-7-nM' Dates August 4, 1988 MEMO DANIEL L014 TOWN Cf R "NU id�i�fl R F�tM B JUL 7 1 26 MM APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN July 6 9 19 $$ To the Planning Board of the Town of North Andovers The undersigned$ being the applicant as defined under Chapter 41t Section 81-Lo for approval of a proposed subdivision shown on a plan entitled Preliminary Subdivision Plan of North Andover Business Park Extenstion. BY Thomas E. Neve Associates, Inc. dated June 24 s 19 88 being land bounded as follows: I Northerly by Flagship Drive and Land ofyersitile and Bianchi Eastrrlv by--Fldgship Drive and Land of ARC SQUthPr,1v try land of Hove-110 n the Trustees of Reservations. Westerlz b land of Business Park Realty Trust, Ogan Foods and Route 125. hereby submits said plan as a PRSLIMINW subdivision plan in accordance with the Rules and Regulations of the North Armorer Planning Board and makes application to the Board for approval of said plan. I 1962 56, 57 Title references North zasex Deeds* Book 0451 Page 279; or Certificate of Title No,.t Registration Book # Page.; or Others i App 's sigrnat ug #4V%4A% Received by Town Clerks Dates Applicant's address Bayfield Co., Inc. 242 Neck Rd. , Haverhill, MA 01830 Time: Signatures Owner's signature and address if not the ap s Bayfield ggaWny, Inc., 242 Neck Road, Haverhill, MA 01830 I i - �relimin�r� �ub�ivis�on Flan of ED N�rth Anduve� W,illcw S t r- otiN eet EA) & Flagship Drive ,--�ER Conditipnal Approval �w�^'� � � � �� F � -» �- ^ ' � i Upon review of the materials submitted by Bayfield Company and from � information received during the public hearing on this matter the � planni Board makes the following findings regarding this preliminary subdivision prucosal : 1 . A letter from NACC dated February 29, 1988 regarding the " limited project" status of this proposal including suggesting . three < 3} alternative ways in which the roadway could be connected . A letter from Bayfield company dated May 24, 1988 along with additional information supplied by the applicant during the hearing shows the alternatives suggested by NACC have been thoroughly reviewed and the existing proposal provides the best alignment and alternative possible, doe to existing conditions found in the industrial park . 2. The Board will not approve any common driveways under a Special Per'nit application, nor will the Board accept a driveway connection between the two existing roadways" The Board finds the roadway as designed provides a degree of access necessary for the safe utilization of the land for industrial use. ~ 3 , The Board is in receipt of the February 29, 1988 memo from Gary Clayton, Wetlands Division Director of the DEQE regarding limited projects for roadways under Section 10.53(3) (e) of the Wetlands protection Act . The memo states the NACC may determine and review the proposal before us as a limited project , provided the design is the "minimum length and width is acceptable to the Planning Board" and that the "applicant has made a good faith effort to identify alternative means of access and has actually ' presented any reasonable alternatives to the Planning Board and received that Boards ruling. " The Board finds that the applicant has made a good faith effort to find alternatives and � that we find the current proposal before us reduced the minimum design standards for a roadway consistant with the public health and safety. in addition_ the design as proposed will provide for a connected road system for this industrial park , long sought by this Board . 4. The Board finds that any alternative alignment of the roadway would be difficult if not impossible to obtain, with no resulting benefit to the public health and safety. Both Flagship Drive and Willow Street South are built and land on both sides of Willow Street and one side of Flagship Drive are � not owned by the applicant , or is cut-off by a body of wetlands, The Ogan Foods Building is built on parcel A~1 which venders the NACC suggested crossing at the narrowest point of a � finger of wetlands adjacent to this structure impossible to � ubtain without demolition of the existing parking lot and � . possibly a portion of the building itself . In fact the only � reason the connection can occur in this current proposal is by Ogan Foods agreeing to a land transfer with Bayfield Company for a portion of Parcel A`1 . r � �, is e5ig„e. ,a sar^ arja_ � .as tay �h r ) as ogre wd by the Board and DPW staff an order to reduce wetla-�r.; impacts. In addition, the reduced roadway width , minimum slopes, and the alignment of the roadway; while not incorparating the best engineering principals, is designed to reduce viet and impact to the greatest extent possible. The Planrinr, Board finds that the preliminary subdivision pian before us is the best possible design available to the applicant . 6. The Planning Board finds that the construction of the roadway as desi;.;,ned , promotes the public health , safety and welfare of the communi -z�y and is in keeping with sound and proper land use planninc principals. 7. The plans submitted and before us meets the submittal re(- ui.;-caients of the Subdivision Rules and Regulations . Pased upon the findings cited above the Planning Board hereby o>>ditionally :approves the preliminary subdivision plan of North Andover Business Park F:-:tension with the following conditions: 1 . f"hs applicant shall contribute towards the installation of lights at the intersection of Willow Street and Route 11�- . The Planning Hoard finds that the applicant should share in the portional cost towards providing traffic lights due to the additional traffic to be generated by the construction of this proposal and the resulting development on the new lots c'rrya ted . w . Th_ existing cul--de-sac for Flagship Drive and the existing roa,,�way fo - Willow Street South be redesigned and re-built in conformance with the requirements of the DPW, once the extension i crmpieted . J . The Planning Board hereby waivers the applicable standards included in the rules and regulations necessary for the construction of the roadway as shown in the plans before us. Tile Board waivers these requirements due to findings cited in thio decision in order to promote the public health , safety and c;:eree-al welfare and to accommodate, to the extent possible, the in finding this subdivision plan a limited project under 30) CMR 10.53( 3) (e) . 4 . A =stump pit burial plan shall be submitted to the Board and approved prior to construction of the roadway. 5. A detailed tree cutting plan shall be submitted with the de*initive subdivision plan. Said plan shall be designed to preserve existing trees as much as possible. 6. ANotice of Intent shall be filed with the NACC as required under Chapter 131 , and the local wetlands bylaw. 7 A definitive subdivision plan submitted under this preliminary plan subdivision plan approval shall meet all applicable procedures and standards contained in the Subdivision Rules and Regulations . T `� fnlow n� n - shall be deemed to by included in this decision; Plans entitled "Preliminary Subdivision Plan of North Andover Business Park Extensicr;" aced Jµner_ .°758, Sheets 1 ,2,3, and 4 Prepared by Thomas E. Neve Associates, Topsfield , MA. NORTH ANDOVER PLANNING BOARD Paul A. Hedstrom, Chairman cc: Director of Public Works Board of Public Works Highway Surveyor Tree Warden Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer File �c it . . Z , ' TOWN OF NORTH ANDOVER, •�TTS •' BOARD OF APP `•,; c APPLICATION FOR RELIEF FROM THE REfll1IR(:MEi'7S OF THE ONING ORDINANCE Z7 I2 co PM '9 {' Ba field De'v. Co. Address 42Applicant Neck _Rd, Ha_vPrhil: 1. Application is hereby made: �! a) For a variance from the' requirements 'of Section Paragraph and Table of the 'Zoning By Laws . For a Special Permit under Sec tion4 . 11Para9raph1_of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. aj premises affected are land X 'andQ$8�n ( )�_numbered .1 _ Street b) Premises affected are property with frontage on the North (V) South ( ) East ( ) Nest ( ) side of Rte_ 114 & west side of Berr —'� � `Street. Street, and known as c) Premises affected are in 16nignga Divatricfec=1anand Erothe promises affected have an area of 4_ (h9 . e of innn + feet. 3. Ownership a) Name and address of owner (if joint ownership, give all names)i Riding Realty Trust Date of Purchase 11l2L 5___ Previous Owner Jean_PaulR. Proulx s b) '. If applicant is not owner* check his/her interest in the premises Prospective Purchaser Lesee _,_Other_p(explain) + .120± fee�edeeop:er_s Rep. j. 4rw Size of pr sed building:'22QpA�f _front. .Hei gh t `s for i es i`€ee t• a) Approximate'date of erections 1990 _ b) Occupancy or us* of each fioorsNew ffp, staging Areas & Metal type 2C unprotected non-combust. Storage for W.B. c.) ..Type of •construction:_______ _ - rent & Sons Moving Co pdover feet ironts_ ��yde~�. buitdin : S. Size of existing 9 Heightstoriesr "�•'N�ecr• : t Approximate date of erections a) App NA a) 1b) Occupancy or use of each floor: NA 'c) Typo of constructlons_. :;;,.;': ,s•:_, ' al, under zoning, on these ncomisesl • G. Has thorn been a previous apps >.• :.; Nn ' If so, when? t.•.:,:.•, •... .. -- •.t .. * 1_1 Zoning as per Form A/ANR plan titled Plan of Land in North Andover MA prepared for Riding Realty Trust by BSC -Bedford dated March 19 1987 endorsed by North Andover Planning Board April 27,1987 recorded at � . • •'' .:t,.;;, •- NERD as Plan No. 10701 on May 11, 1987. • t - a r. .a'• Description of relief souoht'nn °this Dotition "" Special Permit which determines r t according to the General Provisions of the District Use Regulations Section 4.11 par 1 that the Kent company can `• be relocated in an I-1 zone as a use which is"similar and character. to I-1 uses. `. Deed recorded in the Registry of .Deeds in Book t-4918 Page�41 : ..h-\Land.Court Certificate No. Book -Page . ,be principal points upon which I base•my application are as follows: � �•: wast be,atatad in detail? r See 'Attached .•i. _ 4 L•agree to pay a filing fee, ertising in newspaper, and incidental jxpenses` James ourseois..^i loner's .�.e • S gnature o ' Pet t r er s ,t. ;i .,very application for' action by the board shall be made on a form approved Y-- the Board. These forms shall be furnishej by the Clerk upon request. :• ny communication purporting to be an application shall be treated as mere ' :;otice' of intention to seek relief until such time -as it is .made on the . (ficial application form. Alt information 'called -for by the form shall ' a furnished by the applicant in the manner 'F,herein;:prescribed. 't ve. y-application shall be submitted with a list of '-"i'artics In Interest" • hick list shall -include .the petitioner, abutters, owners of land directly pposite on any public or private street or way, and abutters to -tile . butters .within: three hundred feet (300') of the property line of the otitIoner' as they appear,on the most recent applicable tax list, otwithstanding that the-land of any such owner is located in another city•.']"%"i V town, the Planning Board-of the city or town,, and the planning Board ofd; ,=%!.� very. abutting city or town. :g1; Every application shall be submitted with an application charge cost in -- ;t he amount' of '$25.00. • In addition, the petitioner shall be responsible `+;:;'_ i or aCny and all costs involved in bringin the petition before the board..;.: �'I uchrcosts shall include Mailing and publication, but are not necessarily:'7Vt1"A imited to these. vety'application shall be submitted with a plan of land approved by the oard: No petition will be brought before the Doard unless said plan ties ;;Ia .•een submitted. Copies of the hoard's requirements reals arding up nprenuest. are ttached'hereto or are available from the Board of App Po q LIST OF PARTIES IN INTEREST r'' y A Address '+ Name. •'n3.^..• S •• •el j s if`necessary) (use additional shoat : �:•\ LIST OF PARTIES OF INTEREST Riding Realty Trust, Lots 112,3 Turnpike & ' Berry Streets, North Andover, MA MAP # PARCEL # NAME ADDRESS 108C 1 Commonwealth of Mass - Upton Woodland Department of Env. Mgmt 1 Ashburton Place, Boston, MA 02106 45 Tara Realty Trust 826 Johnson Street, North Andover, MA 01845 13 Sean & Katherine Murphy Berry Street, North Andover, MA 01845 52 Franklin C. & Diane F. Hamilton 310 Berry Street, North Andover 14 Edward C. & Linda Pedi Berry Street, North Andover, MA 01845 15 William F. & Elizabeth McCullom 338 Berry Street, N. Andover, MA 16 David J. & Gina M. Fili 350 Berry Street, North Andover, MA 01845 17 Elizabeth A. Poirier, Berry Street, North Andover, MA 01845 10 Town of North Andover/Farnum Land, Town Manager, 120 Main St. N.A 9 Wasil Realty Trust Muzichuk Wasil Trustee, Middleton, MA 01949 53 Helen M. Lacaillade, John E. A. Gorie, Trustee, 10 Hardy Terrace, Georgetown, MA 01833 54 Federal Realty Trust, Joseph P. Casey, Trustee, 65 Federal St. , Wilmington, MA 31 Alvin Burstein & Eliz. SsSchneider, 1439 Great POnd Road, N. Andover 49 Adelyn & Bruce B. Oliver, 273 Berry Street, North Andover, MA 01845 23 Joseph Francis Schmaling, Jr. & Frank Michael Ames, Berry St. N. Andover, MA 106D 51 Mary & Thomas Cofill 15 Berry Street, North Andover, MA 52 Nathalie M. Ross, 20 Beaver Street, Salem, MA 01970 53 & 54 Thomas M. Casey, Robert J. Casey & Susanne S. Berman 213 Berry Street, North Andover, MA 01845 49 Raymond L. & Jervais T. Barnes, PO Box 1622, North Highlands, CA 95660 32 Rita Houghton, 142 Berry Street, North Andover, MA 01845 63 Ripavian Realty Trust, John R. Rivers, Trustee, 20 Brentwood Drive, Reading, MA 01867 17 Labx Ststems, Inc. - Unit 1, Bank Street Asssociates Realty, Units 2 & 3 1980 Turnpike Street, North Andover, MA 01845 57 David White, 1 Talbot Avenue, Andover, MA 01810 r En�liiee�Mpf►OevebpnlenttconstraCtlon J»e. January 22, 1990 Zoning Board of Appeals 1 Main 20 Street North Andover, MA 01845 Re: W.B. Kent& Sons Proposed Facility Land owned by Riding Realty Trust Salem Turnpike (Route 114) and Berry Street North Andover, MA Dear Board Members Attached please find preliminary plans for a 24,000 sf facility for W.B. Kent & Sons Moving Company of North Andover. The Kent company's existing facilities are no longer adequate for their needs. The company wishes to remain in North Andover and is proposing to move from its present location at Route 114 and Hillside Road to a new site on 16.94 acres of land owned by Me Bayfield Company(as Riding Realty Trust). Channel Building Company intends to do the construction work during the upcoming season. I wish to clarify the proposed use under the North Andover Zoning Bylaw prior to beginning the permit process with the Town Boards. The parcel under consideration was acquired by Riding Realty Trust in January of 1985. (See attached deed). At that time the parcel was zoned (1-1) Industrial 1. Town meeting of 1987 rezoned the land (VR) Village Residential. However, the owner has recorded a Form A plan, endorsed by the North Andover Planning Board(see attached plans) which shows the land as (1-1) Industrial 1 zone. Under the provisions of Section 6 of the Zoning Act(M.G.L. Chapter 40A) "..the use of the land shown on such a plan shall be governed by applicable provisions of the zoning ordinance or by-law in effect at the time of the submission of such plan... for a period of three years from the date of endorsement by the planning board..,' Consequently this land Is subject to current regulations for the 0-1) industrial 1 zone until April 27, 1990. It is the Kent Company's intention to develop the property as a single site as represented on the plans. The proposed use is the business offices and national headquarters of a moving business. The company moves belongings for persons, families and businesses around the country. As such most of their activities are off-site. they also specialize in moving mainframe computers for major corporations such as Digital Their proposed facility would contain approximately 2,000 sf offices, 9,000 sf staging and unloading areas and 13,000 sf of entirely indoor non-industrial storage for goods in transit in the form of wood and high strength p*styrene storage units and forklift truck access aisles. Business offices are permitted as a matter or right in an (i-1) industrial 1 Zone as per section 4:131 paragraph 2 of the Zoning Bylaw. However, the square footage devoted to indoor storage In this particular program might be construed as being in the excess of what is intended by the Bylaw by the term 'accessory use'as per section 4.131 par 16. In other words while storage is clearlyan accessory actio' of the Kent business is still takes u a sizeable percentage of their �Y tiY P building. 1 am seeking a determination from your Board, according to the General Provisions of the Distric and Use Regulations Secion 4.11 per. 1 that the Kent moving business is permitted in the (I-1) industrial i Zone as a use which is 'similar in character to other I-1 uses' before putting the project before the Planning Board NEW MEADOWS PROFESSIONAL BUILDING 447 OLD BOSTON ROAD TOPSFIELD, MIA 01983 PHONE (508) 887-9066 FAX (508)887-3480 In support of a favorable determination, I would like to paint out that there is precedent for such a position. I refer to Material installations an installer and reconditioner of office partition systems, and Contact Fast a mail order supplier of hand tools used in the electronics industry; both located in the North Andover Business Park Each faciNfy is, like W.B. Kent and Sons, the principal business office of the company. in each case the Building Department determined that while a substantial amount of square footage was devoted to storage, that the characteristics and intens' of use were com ble with the int the 11 zone which is to separate lighter, intensity paL ant of pa g , cleaner industrial and similar uses from heavier industry. Thank you for your consideration. Sinrce ely, J es Bourgeois, R.A. President cc. Michael Rice, Channel/Bayfield Companies Chris Huntress, Town Planner Robert Nicette, Building Inspector Enpl wer/np�.Deve/oprr�ent•or Arm action int. January 22, 1990 Zoning Board of Appeals 120 Main Street North Andover, MA 01845 Re: W.B. Kent& Sons Proposed Facility Land owned by Aiding Realty Trust Salem Turnpike (Route 114) and Berry Street North Andover, MA Dear Board Members Attached please find preliminary plans for a 24,000 sf facility for W.B. Kent & Sons Moving Company of North Andover. The Kent company's existing facilities are no longer adequate for their needs. The company wishes to remain in North Andover and is proposing to move from its present location at Route 114 and Hillside Road to a new site on 16.94 acres of land owned by the Bayfield Company(as Riding Realty Trust). Channel Building Company intends to do the construction work during the upcoming season. I wish to clarify the proposed use under the North Andover Zoning Bylaw prior to beginning the permit process with the Town Boards. The parcel under consideration was acquired by Riding Realty Trust in January of 1985. (See attached deed). At that time the parcel was zoned (1-1) Industrial 1. Town meeting of 1987 rezoned the land (VR) Village Residential. However, the owner has recorded a Form A plan, endorsed by the North Andover Planning Board (see attached plans) which shows the land as (1-1) Industrial 1 zone. Under the provisions of Section 6 of the Zoning Act(M.G.L. Chapter 404) '..the use of the land shown on such a plan shall be governed by applicable provisions of the zoning ordinance or by-law in effect at the time of the submission of such plan... for a period of three years from the date of endorsement by the planning board...," Consequently this land is subject to current regulations for the (1--1) Industrial 1 zone until April 27, 1990. It is the Kent Company's intention to develop the property as a single site as represented on the plans. The proposed use is the business offices and national headquarters of a moving business. The company moves belongings for persons, families and businesses around the country. As such most of their activities are off-site. They also specialize in moving mainframe computers for nw* corporations such as Digital. Their proposed facility would contain approximately Z 000 sf offices, 9,000 sf staging and unloading areas and 13,000 sf of entirely indoor non-industrial storage for goods in transit in the form of wood and high strength polystyrene storage units and forklift truck access aisles. Business offices are permitted as a matter or right in an (i-1) industrial 1 Zone as per section 4:131 paragraph 2 of the Zoning Bylaw. However, the square footage devoted to indoor storage in this particular program might be construed as being in the excess of what is intended by the Bylaw by the term °accessory use"as per section 4.131 par 16. 1n other words while storage is clearly an accessory activity of the Kent business is still takes up a sizeable percentage of their building. I am seeking a determination from your Board, according to the General Provisions of the Distric and Use Regulations Secion 4.11 par. 1 that the Kent moving business is permitted in the (1-1) Industrial i Zone as a use which is °similar in character to other 1-1 uses" before putting the project before the Planning Board. NEW MEADOWS PROFESSIONAL BUILDING 447 OLD BOSTON ROAD TOPSFIELD, MA 01983 PHONE (508) 887-9066 FAX (508) 887-3480 In support of a favorable determination, I would like to point out that there is precedent for such a position. i refer to Material Installations an installer and reconditioner of office partition systems, and Contact East a mail order supplier of hand tools used in the electronics industry; both located in the North Andover Business Park. Each facility Is, like W.B. Kent and Sons, the principal business office of the company. In each case the Building Department determined that while a substantial amount of square footage was devoted to storage,that the characteristics and intensity of use were compatible with the intent of the 1-1 zone which Is to separate lighter, cleaner industrial and similar uses from heavier industry. Thank you for your consideration. Since ely, J# es Bourgeois, R.A. President cc: Michael Rice, Channel/Bayfield Companies Chris Huntress, Town Planner Robert Nicetta, Building Inspector AMA MOustt"" RAYMetfO f:,l JEA:yAts 7.IARMLi F.F fA"CO/NG JF. t t F.M. ANES ` � I R•E 1 /ux WIlt 2 ars• >R o1,1 � � - nnn, ,� � ,t � It � ''- ---t��t \ I•f LONE 9?. \ jwrs I 7f pk t ` BC./Qf.HAM/L7DN s \ kms.=• I E:&r\ 1` \\ AREA /6.44.4G= a 1 •a GOW,G LL•D. PLaf mac=._.,�J IC/,51 ♦ ,w �` L \ ,__, ! � _ a • _ La . / � i ERE LM 30MA //� R.Eh<TY TRC/5T ` r / 1 i • 4• V \ t, i _ sem. � ( `\ tt ` .`\ P O•✓•(i.M.F/Lf _ IN , I \ IN A J I / t i •♦ ♦♦ -s c . ''t`` ``♦\♦♦ `` \�\ GA.POA6/SIC IDAWD ttrM/TE VQ �-��` / ' ` 1 1 `\ ♦ .1 � `♦ `♦ .++`\ �S " IL MASS _ '♦tt� t � / \ `` a +; " \\ `1 tt`�,� 'L( o __ y/GN �Y / _ `" ` __ , 1, ♦\��`� . ♦ ` �s.. , ` \I IN _ I ti j r A L vW APCZA f ra w `C/ j t e RLIZ.SC44 NE/DLR - _ —_� `` ♦` �u `:`\, t + •♦ 5/TE PLAN t � � • 1a : • ,' - ... PLAN OF LAND BERRY Qom! �•.• l a.yt-c�. I �1 "� `�E�, T- � -•,�. , � - '. - }. `mss � N • . YATCN- -- v•A-A._. - ANDOVER MASS, # _� _--___�_------ NORTH e' - L6CII5 .T� %";Wvj�T_EOJ t ESSEx CDUNTYJLOT 2 �� °N $ PREPARED FORS RIDING REALTY TRUST SALEM •; �•• : g SCALE s P: 40' MARCH 19 , 1987 LOT 3 �. - 283.294 S.F. �,�, 243.112 = S.F. 1 ! 6.5035 = AC. .._, oN BSC - BEDFORD w s R•2 i 1 s ••�. i •^�.._.._. - Epi f�' ON S M•47-OI M LAND CORS ENGINEERS - BEDFORD MASS. LOCUS MAP 5.5811 AC. '�.,, i '� + i -� ?,\ �, A Mllsloll a Ag6TsuNEr C6NIILTANTS SCALE t Y.SW ►h. /�/ _ ,: _ _ � '` �• — �' I, � SHEET I OF 2 SHEETS " I a.. - .�. 5�� aM �•.` 1 •p.�.r-•�• ..`•\ LOT I - _ •�..� i 211.350 * S.F. '•1 4.8519 * AC. � •1 y NOTESs I I alA\ $ R rt BASED ON BORDERWti VEGETATED WETLAMmS AS-IDENTIFIED 8Y +i4� I - .1 %P LU.INC.AS SHOWN ON A PLAN OF LAND W NORTH ANDOVER i - DATED AUGUST 14 ,1985 BY THOMAS E.NEVE ASSOCIATESBIC, THE.FOLL•DW81C CHART SHOWS THE PERCENTAGE OF THE MINIMUM {} ♦ ! 1 ' LOT.AREAS THAT IS CONTIGUOUS LAND NOT LOCATED WITHBI THE AREA j t IDENTIFIED AS WETLAND RESOURCE AREAS IN ACCORDANCE WITH THE WETLANDS PROTECTION ACT M•GL CHAPTER LL,SECTION 40 x' 4p '* AINNAUMis LOT LOT AREA 11 UPLAND CONTIGUOUS Ply OF -s - i al `< BIDUSTRIAL ! AREA.:'. LOT./\REA. �•4 Tl. .. tom: ' 80.000 S.F. 169.Zp0 S.F. 218&ii. �• / I . -2 .' :80,000 ..SF. .60,424 SF. -.:TSJSO, ark/ % 1 •.'+i. '! 80.000 W. 66.688. S.F. 83•4.% -_. i y' - - . .�.: �i{•_ p1 %• T . ... -sc- . :: t,[ •- - _ - AN ` PLANNING BOARD - +,` ,•.. APPROVAL {LANDER THE SUBDIVISION •.'. CONTROL LAW NOT REQUIRED. - t"C\• j� NORTH ANDOVER PLANWNq BOARD NOTES :\ THE PROPERTY LINES SHOWN ON THIS PLAN 00 NOT REFLECT - '•\ ANY FIELD SURVEY BY BSC-BEDFORD .PERIMETER OF PROPERTY . .. TAKEN FROM PLAN BY THOMAS E NEVE ASSOCIATES INC. , DATED JANUARY 19 .1987. - '•�- •1. amRy DATE _ I REFERENCES- '� •� al NO OETERMINATN)N OF ZONING IS - - INEREBY CERTIFY TO THE BEST OF MY PROFESSION11. KNOWLEDGE , NORTH ESSEX REGISTRY OF DEEDS INTEHDEp 8Y TW5 ENDORSEMENT INFORMATION AND BELIEF THAT a DOCUMENT WMBFJt KNi82 - THE PROPERTY SHOWN 15 NOT LOCATED IN ZONE'A ( DUD BOON 1182 PAGE 466 s . (AREA OF SPECIAL FLOOD HAZARDS)AS PER FJ.R.M, /•oe/'t FOR THE TOWN OF NORTH ANDOVER ,MASS.COMMUNITY LA0. N• /0 70/ ,1, .250098 ,DATED JUNE IS .1983. ZONING CLASSIFICATION .max • THIS PLAN HAS BEEN PREPARED IN CONFORMITY WITH I ,•°t INDUSTRIAL I . THE RULES AND REGULATIONS OF THE REGISTERS OF ' - \3• DEEDS OF THE COMMONWEALTH OF MASSACWSETTS.r RECORD OWNER RIOIN6 REALTY TRUST • •'I�I'87 �+,i„-..ah 23 MAIM BTRBET P.4 BOX 6tH ' DATEPROFESSIONAL LAND SURVEYOR - ANDOVER-.MASS. Ol610 - I I /•. DWG.NO.=11A• 07-244020 • - - y ----- - __ BERRY 1 NOTE: _ - jS` s•i'Z'feCa \_.._•• THE PROPERTY LINES SHOWN ON THIS PLAN DO NOT REFLECT IlEREBY CERTFY TO TIE BEST OF MY PRDFESSIQNAL KNOWLEDGE WF'ORMATION AND ;LW TIKAT t �__cs.c_- •,., i ANY FIELD SURVEY BY BSC-BEDFORD ,PERIMETER OF PROPERTY - p ♦ .` I - TAKEN FROM PLAN BY THOMAS E.NEVE ASSOCIATES NC. PLAN OF LAND I-1 aP I -DATED JANUARY N .!98TH THE PROPERTY SHOWN!S NOT LOCATED N ZONE•A' l r ` F3 i OAR THE TOWN OF FNLORRTTH ANDOVER ASM SSS. FCO'KM COMMUNITY N0. LONA •'C.• ` 250098 .DATED JUNE IS. IBW3 -�'•,� N •. •SALEM-._ \•• ,�•. THIS PLAN HAS BEEN PREPARED IN CONPOINRTY WITH "a NORTH ANDOVER . MASS. f T�_ ! >+ THE RULES F THE COMMONWEALTH OF NASSSACgHUSSE T5, wry. I ESSEX COUNTY 1 r PREPARED FOR: RIDING REALTY TRUST L R-2 I&-87 SCALE :I• 40' I« �_ MARCH 19 ,1987 LOCUgi MAP DATE PROFESSIONAL LAND SURVEYOR SBSC - BEDFORD y ULEAf.NW' i3 8' ' ON LAND SURVEYORS CNWUENGINEERS REFERENCES s +� '� WORTH N NORTH ROAD BEDFORD .MASS - NOESSE% REGISTRY OF DEEDS % 6B• NIP A WrAKIN OF BOSTON AIRVEY CONSULTANTS DOCUMENT NUMBER 10582 s >,Y, f BOPP o o m s o a lm NO FEAT DEED BOOK 1162 PAGE 465VISION T-ob.N !1'• /=e c.,ury fj�/,�57 ON - � � a ZONND.CL ASSIFICATION NSHEE ` •�• i T 2 OF 2 SHEETS INDUSTRIAL I RECORD OWNER NZA L- 9AP/ NZA RIDING REALTY TRUST 23 MAIN STREET - P.O. BOX 522f ANDOVER ,MASS. OIBNO � NOTESs BASED ON BORDERING VEGETATED WETLANDS AS IDENTIFIED BY / - ON I.E.P.INC.AS SHOWN ON A PLAN OF LAND IN NORTH ANDOVER , !• - DATED AUGUST 14 1985 BY THOMAS E.NEVE ASSOCIATES INC. ON THE FOLLOWING CHART SHOWS THE PERCENTAGE OF THE MINIMUM _ LOT AREAS THAT IS CONTI�O'U�LAND NOT LOCATED WITHIN THE AREA WIENTIFED AS WETLAND spo RCE AREAS N ACCORDANCE WITN.TIE ,W WETLANDS PROTECTIONJ AF M•C1H CHAPTER 131,SECTION 40 LOT 2 MINIMUM CONTIGUOUS PERCENT OF �• ` LOT LOT AREA UPLAND MINIMUM - J' - INDUSTRIAL 14 AREA LOT AREA _ - _ - / R - i 283.294 * S.F. ON I 80.000 S.F. 1696200 S.F. 212 z , g� a 6.5035 ` AC. e f 2 80.000 S.F. r60.424 S.F. T5.5 X . ( f• \Yi•p� DH >E .,`sp 3 80,ONIO]S.F. 66,688 S.F. 83,4 k 3 � - � � - 'LOT 3 i`"agt PLANNING BOARD 243,112 * S.F. APPROVAL UNDER THE SUBDIVISION - L CONTROL LAW NOT REOUNED. - * •\f� sen ac. ��. ON NORTH ANDOVER PLANNING BOARD - - � - co i ED of•• wr} 40 C In TO _ GATE l.\.• 4Lp `•.`' �• ON u - NO DETERMINATION OFZONING IS 4�, } 4yf� '•� INTENDED BY THIS ENDORSEMENT •y % S••�.,� •`' •`' • A ��• % _ •� _ ` Q LOT I _ ` p J - � � +r /' / •��•� •"�. •. I N 211.350. S.F. +a -w�/-Q % !••�..- _ '�, t 4.8519 AC. �n J 'f o gTCN - LINE ASA' ! » 1 - '•"•�, DWG,I&069JI2 OT-244D.M FORM A D to RECEIVED -A' APPLICATION FOR ENDORSEMENT OF PLA�ANIELLONG /K BELIEVED NOT TO REQUIRE APPROVAL 4[H ANDOVER OR AKDOVER February,- 18 19 88 h X To the Planning Board of the Town- of North Andover: The undersigned wishes to record the accompanying , determination by said Board that a plan and requests a " t under Control Law is not required . The undersignedlbelievesthe thatubdisuchlalon is required for the following reasons : PProva s } I . 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 , or a private way , namely , Willow Street South Fla shi Drive being land bounded a s follows Northerly by land of East-Con Realty Trus+ • Willpw Srrppt c,,�th lld AaQnr•;wtcc� and Ciento Real v Eastprl-- ---- land of C3a1 ;n Snn ,fin Rpa1is T��tcr 1 _Champagne R T V rsati l p R m F1 a$R�h;_D nr;cre nRr' C'nrn l�pvpl 7 n (_ Southerly by land of the Trustees of the Reservation. Westerly bv Trustees of the Reservation, Business Park R.T.', Phillips Academy emy and Route #125 2 . The division of land shown on the accompanying plan is not a sub division for the following reasons: All lots conform to the zoning b -law. 3 . Title reference North Essex Deeds , Book 2045 Page 279 or Certificate of Title No . Registration Book. Page Appli ant ' s Sign Lure : Owner ' s signature and address if not the applicant : Applicant ' s Address : 23 Main Street, p 0 Box 5 23 Main Street, P.O. Box 522 Andgver, MA 01810 Andover, MA 01810 N` r A Wei 11 04*EL•LONG RX NORTW A to 3 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 ubdivis ' n , as defined L. c. 13, S . d O mu therefore be re bm ' d to it for appro i unde the . Subdivision Con.trol Law. Very truly yours , NORTH ANDOVER PLANNING BOARD By ., Date _zz RECEIVED ANDERSON & KREIGER DANIEL{. LONG TOWN CLERK ATTORNEYS AT LAW NORTH ANDOVER 33 MOUNT VERNON STREET BOSTON,MASSACHUSETTS 02108 Ad 6 f0s 3 AN 'N (617)523-1624 STEPHEN D.ANDERSON (ALSO ADMITTED IN CONNECTICUT) ARTHUR P.KREIGER (ALSO ADMITTED IN NEW YORK) March 15, 1988 EXPRESS MAIL Town Clerk Town of North Andover 120 Main Street North Andover, MA 01845 Re: Trombley v. North Andover Planning Board Dear Sir/Madam: Pursuant to G.L. c. 40A, f 17, I enclose a Complaint filed in Essex Superior Court, Lawrence Division, against the Planning Board of the Town of North Andover. This action seeks to annul a condition imposed by a decision of the North Andover Planning Board approving a site plan on February 26, 1988, as further described in the enclosed complaint and attached exhibits. Please return a copy in the self addressed, postage paid envelope provided after date stamping your receipt of same. Thank you. Sincerely yo s; Step en D..' derson SDA:mer004 Enclosure CC: Mr. James Bourgeois R�C�lV�Q GAi(I�l. SONO TOWN Ct.`"R NORTH A,;JO R SAR 16 r r 8 COMMONWEALTH OF MASSACHUSETTS Essex, ss. Trial Court Superior Court Department Civil Action No. ) Lynne Trombley, as she is ) Trustee of the Optryx Trust, ) and Channel Building Company, ) Inc. , ) ) Plaintiffs, ) COMPLAINT V. ) ) Paul Hedstrom, George Perna, ) John Simons, Erich Nitzsche, ) and John Burke as they are ) members of the Planning ) Board of the Town ) of North Andover, ) Defendants . ) ) INTRODUCTION 1. This is a complaint pursuant to G.L. c. 40A, § 17, to annul a condition imposed by a decision of the Planning Board of the Town of North Andover ("the Board") approving the plaintiff's Site Plan on February 26, 1988 (Exhibit A) . PARTIES 2. The plaintiff Lynne Trombley is the successor Trustee of the Optryx Trust which owns land at 1070 Osgood Street ("the site") in North Andover. The plaintiff is an aggrieved party under G.L. c. 40A, § 17, who is and will be directly, substantially, and adversely affected by the condition imposed on the site plan approval by the Board. 3. The plaintiff, Channel Building Company, Inc. ("Channel") is a corporation duly authorized to conduct business in the Commonwealth of Massachusetts, with its principal place of business located on Main Street, Andover, MA. The plaintiff is an aggrieved party under G.L. c. 40A, § 17, that is and will be directly, substantially and adversely affected by the condition imposed on the site plan approval by the Board. 4 . The defendant Board is the duly constituted Planning Board of the Town of North Andover. The names and addresses of the defendant members of the Board are as follows: a) Paul Hedstrom, Chairman 30 Oakes Drive North Andover, MA 01845 b) George Perna, Vice Chairman 280 Farnum Street North Andover, MA 01845 c) John Simons , Clerk 10 Royal Crest, Apt. 3 North Andover, MA 01845 d) Erich Nitzsche 1253 Salem Street North Andover, MA 01845 e) John Burke 17 Highland Terrace North Andover, MA 01845 FACTS 4 . Optryx Trust filed a perimeter plan and Form A application for the site with the North Andover Town Clerk's office on April 26, 1985. 6. On May 6, 1985, the Chairman of the Board endorsed the plan "Approval Under Subdivision Control Laws Not Required." The Plan was recorded in the Registry of Deeds -2- I I as Plan Number 10185 on February 26, 1986. A photoreduced copy of the plan is attached as Exhibit B. 7. General Laws c. 40A, § 6 states that the use of the land described on a plan submitted to a planning board under c. 41, § 81P (the Approval Not Required section) "shall be governed by applicable provisions of the zoning ordinance or by-law in effect at the time of submission of such plan . . . for a period of three years from the date of endorsement by the planning board that approval under the subdivision control law is not required." 8. At the time Optryx Trust submitted its perimeter plan and Form A application to the Board on April 26, 1985, the Site Plan Review provision contained in section 8.1(12) of the North Andover zoning by-law was not a special permit process. Instead, Section $.1(12) required an applicant to submit to the Board certain plans which would then be submitted to other town boards "for their review and recommendations." Under this provision, the Board could impose limited, reasonable conditions on an approval but could not deny site plan approval. 9. In June, 1987, Channel submitted on behalf of Optryx Trust an application for Site Plan Review that fully complied with the requirements of Section 8.1(12) . 10. On February 26, 1988, the Board approved Channel's site plan but delayed issuance of the building permit for the site until Channel complied with the following condition (1 7) : _3- i The applicant shall submit to the Planning Board prior to the issuance of a building permit, h drologic and geologic investigations which shall include the following: drilling of observation wells, to obtain boring data; stratigraphic profiles; a pumping test, water sampling and geologic mapping, in order to determine if the potential exists of contaminating Lake Cochichewich due to a hydrologic connection of this sites watertable to the lakes watertable [sic] . . . 11. The site lies outside the watershed district established by the North Andover zoning by-law. At the time Channel submitted its perimeter plan and Form A Application to the Board on April 26, 1985, the Watershed District by-law, Section 4 .133, contained no building moratorium and granted no authority to the Board, to impose a condition requiring such geohydrological investigations. 12. Moreover, at that time, the Watershed District by-law required a special permit from the Board only for construction within 250 of Lake Cochichewich and 100 feet laterally of the Lake's tributaries . Channel's construction plans for the site do not require a special permit under Section 4.133 because any construction will occur more than 250 feet from the Lake's annual mean high water mark and more than 100 feet from any of the Lake's tributaries. 13. After Optryx Trust filed its Form A application, the Site Plan Review provisions and the Watershed District provisions of the North Andover zoning by-law were amended by Town Meeting. Because of the endorsement of Optryx Trust's perimeter plan under G.L. c. 41, 5 81P, however, the site is grandfathered from the moratorium and special permit -4- provisions of these amendments. As a result, these amendments do not permit the Board to prohibit a permitted use of the site, nor do they authorize the Board to require geohydrological investigations prior to the issuance of a building permit. 14. By imposing Condition 7 and delaying issuance of the building permit, the Board has exceeded its authority under G.L. c. 40A and under the zoning by-law of North Andover. Without limiting the generality of the foregoing, the Board exceeded its authority because (a) the site lies outside the watershed district, (b) the imposition of the condition was not authorized by the by-law in existence when Optryx Trust submitted its perimeter plan and Form A application, and (c) the Board has in effect prohibited a permitted use of the site. The Board's improper action has caused hardship, delay and increased costs for the plaintiffs. it -5- WHEREFORE, the plaintiffs pray that this court (1) annul condition 7 in the Board's decision of February 26, 1988, (2) award the plaintiff their costs and expenses for this suit, and (3) grant such other relief as the court deems just and proper. By their attorney, 4 to en re ANDERSON 33 Mount Boston, MA 02108 (617) 523-1624 SDA BBO No. 018700 Dated: March � , 1988 -6- MUMHUI RECEIVED TOWN OH NORC11 ANf) OVEn DANIEL 0' M A S S A C 11 U S H T T S TUWII kUOVER NORT 1 A FES Any appeal shall be filed within (20)days after the : s e of filing or his Notice in the Office of the Town Clerk. NOTICE OF DECISION Date„February�26, 198$ . . .. . . . . . . . . . . Mite of [searing February. P.P. 1988. Petition of . . . .lame �pa�x pSg,.�rt<��T�g�.$y �di�ng Company.. . .. .... . . . . . . . . . . . . . Premises affected . .LQZQ .Qsgood, Street,;,Industrial.2 Zoning. District. _. . Referring to the above petition for a special permit from the requirements of the Ngr�th Andover Zoning. Bylaw - Section.8.3 Site Plan Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . .. . . . .. . . .. . .. so as to permit , . , ,construct an office, building_with associated parking. , , ... . . . . . . . . . . .. . . . . bui�ding. to.be 11:200 s4uare feet, two story structure .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . • . . . . . . . . . .. After a public hearing given on the above date, the Planning Board voted Conditionally to Approve the .?IS!. Review . .. . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: cc: Director of Public Works Signed Board of Public Works Highway Surveyor Paul.A..Hed$trQV% X a MAA. . .. . . Tree Warden ' Conservation Commission •Geprgp. Building Inspector Board of Health JON1. _ Assessor W Police Chief Er ch, Nitzsfhe. .. . .. .. . .. . •, •. Fire CHief/ Applican Engineer • . . . . . . . . . . .. . •«+w,...wo File, Interested Parties �� `` � � � �Planni�g Board I OFFICES OF: di Town Of 1"�011:tinSlr( (+t "NII'F'ou.s S �f� NOR'1�`a I F Nor111 Atidin-vr. `1k �DOVER l�l!iLl)IN(. L.;' .• 4At lt.L , 4 AIati.S:x'ItiIst Itsttiti4.'� CONSERVATION • "' �p -q\'UV IFiXKW 4i1714 ,477 i HFAI:I'H yyQ��#tt{ 1i�h(1VF.R PLANNING PLANNING 8, C.`Whi"U"NirEYI EVELOPMENT g KAR pi-11 '. Nl l--Miry iniu3c-roit February 26. 19BB Mr. Daniel Long , Town Clerk. Town Hall 120 Main Street North Andover, MA 01845 Re: 1070 Sogoorl Street Site Plan Review through Special Permit Process Dear Mir . Long: The North Andover Planning Board held a Public Hearing on Monday evening, July 20, 1987 at 8:00 p .m, in the Town Hall Meeting Room upon the appiiation of Channel Building COmpany, Incorporated of Andover . MA. The hearing was advertised in the North Andover Citizen on July 2 and July 9. The following members were present at the July 20, 1987 meeting: Erich Nitzsche, Chairman; Paul Hedstrom, George Perna, John J . Burke and John Simons. The petitioner seeks a Special Permit under Section 8, paragraph 3; Site Plant Review of the North Andover Zoning Bylaw. The purpose of the Site Plan Special Permit is to review the proposal to construct a new office building with associated parking . The site is located on the North side of Osgood Street between the City of Lawrence Airport property and the Borden Chemical Company property , across for the Great Pond Road intersection at Osgood Street . Said lot possesses 91 ,089.6 square feet of land area with 245 ' of frontage in an Industrial-2 Zoning District,. At the continued hearing on October 5, 1987, the Board was informed that Channel Building had obtained an Order of Conditions from the North Andover Conservation Commission. A motion was made by John Burke to close the public hearing and take the matter under advisement . Seconded by George Perna, the vote was unanimous. After several meeting that were held , October 22, 1987, November 23, 1987, December 3, 1987 December 17, 1987, and January 21 , 1988? the Board met on February 25. 1968 to render the decision. The following members were present and voting, Paul Hedstrom, Chairman; George Perna, VIce-Chairman; John Simons, Clerk ; and Erich Nitzsche. John Burke was absent:. A motion was made by John Simons to approve the draft decision, changing the wording in condition #6 and adding an additional condition, #t8, seconded by Erich Nitzsche and voted unanimously. Sincerely, PLANNING BOARD Paul A. Hedstrom, . Chairman i , < 1070 Osgood Street - Site Plan Review Conditional Approval 1 . . The Massachusetts Aeronautics Commission (MAC) , Letter dated August 24, 1987, states the project needs two red hazard beacons and they shall be placed upon the building. No structure shall be higher than 172' MSL. 2. Agreement/approval from the Commonwealth for traffic light work at the intersection of Osgood Street and Great Pond Road. 3. An automatic fire detections and suppressions system ( sprinklers) must be installed . These systems shall be connected to the municipal fire alarm system through a master fire alarm box . The developer- must contact the Fire Chief for the requirements for these systems prior to installation. 4 . No underground fuel storage will be permitted for this project . S. No open burning is permitted , except during open burning season and only in compliance with the Fire Department regulations. 6. No building permit shall be issued for this site, prior to the start of construction of the sewer facilities which will serve this project . 7 . The applicant shall submit to the Planning Board prior to issuance of a building permit , hydrologic and geologic investigations which shall include the following : drilling of observation wells , to obtain boring data; stratigraphic profiles; a pumping test , water sampling and geologic mapping , in order to determine if the potential exists of contaminating Lake Cochichewick due to a hydrologic connection of this sites watertable to the lakes watertable. The Board requests this information in order to safeguard and maintain the quality of the Town ' s water supply. 8. No Certificate of Occupancy shall be issued for the building , prior to the Planning Board receiving a certification from the designer of the project that the project was constructed according to the plans cited and approved by this decision. The following plans shall be deemed approved by this decision: Plans Entitled: Lakeview Office Building Ll-1 , L2-19 L2-2, L4-lA, L4-1B. Prepared By: James Bourgeois, AIA, Channel Building Dated: January 22, 1987, Revised June 6, 1987 and plans entitled Lakeview Office Building prepared by Mitchell Goldman Associates dated June 18, 1987. a6. wa 9S i 9l en I a3P,OaNy 111190N Y113,13 NNIO1 W`0 l 131No►0 03A13O3>i 119IHX3 s Ldlo� 1rxl/ �Y/JJ i �,s V w�se.�v�acs.f.%ex�rvrswrsvra=uw�a�cvrs ��T ,��(�w..S •per AV'!W!l N�F.fwf/.NVY//{[,r � I 1 /�'�"' - ez- A'XM o!//�.!/r>T•Isl✓1s R�/✓/)s/.eY.IA r Et=!�l/.lrAef(R✓!5f/bl HKiINAf Or Mvry+// l'Frri-�'6.PCwtTi.�✓.sa*sr T�A�sW lv/.s Mrf�Aeoo o .ciwCY�/+�*�'r/ur�rsCrs.p.v Afokrnnw•ccss.aTr-.ate -• ��' /nU.vi[`/o.41 .Si•P�I�.rJ 1 `Tm�v��-r'_ _=�. a I a •� y q I_� l � �L,dl/L7FG4.t/G opo srPEEr (,�,.�6fls sivis.rserp�r /sr.urfwTJ ,Pl�BE,PT E. C!/EBST�,? A.'��l/vc4l c4iaEl. 'frwlv.[/>Ra' l�nerso .a•/ ftuis anr.Hf4aY.�lO fUIJ.PTL/.4•!/Ol!!/E�/!!.4 3. sap(�.i:sn' .air.�nr/mss .N.etCVFaJ,use«v..vfys/�vWrroY.s.®.u.w..c�eK ra:••...•}. � C•[�6�.w.�A+fs-/•.sd]P�"�-�' . _ prop SPO$.svS��a/A��//�'R•'PUf•LP/'PS/lIAtGN.�r6 t Z. rsr aT.St-x sr.�Ecr a F✓J CL'MAO�f✓4bf N/OF.LTSRY(/SPJI'S. ti.,. �DIg2 Ke celvea '_. gown _.,._ APPLICATION F9R ENnORSEMENT OF PLAN %IELL0149N Will - BELIEVED MOT TO REQUIRE APPROVAL . ., ANDOVER r �p January 13 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 approva 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 , or a private way , namely , Willow Street South/Bayfield Drive being land bounded as follows : Northerly by Bayfield Drive. Easterly by Willow Street South. Southerly by Eastcon Realty Trust, Westerly by the Andover Bypass. 2 . The division of land shown on the accompanying pian is not a sub- division for the following reasons : All 'Tots conform to the zgning by-law 3 . Title reference North Essex Deeds , Book 2401 Page 28 or Certificate of Title No . Registration Book, Page Applicant' s Sig ature ; Owner ' s signature and address if not the applicant : Appli 'cant ' s Address : Atlee of Delaware Channel Building Company 10 Bayfield Drive' 23 Main Street, P.O. Box 522 _ North Andover MA 01845 Andover MA 01810 ISI.. is 4 Oft AW Notice to APPLICANT/TOWN CLERK of action of PIanning- Board. on accompanying plan : to 1 . 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 . T e Nor h Andover a ning Boa d h s determi e that sa ' d plan s ows a s bdivisi n , a defi ed by G . L . c. 41 , 81-L an mu t here ore a re-su mit ed to i for approva un er the Sub ivision on.trol Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By: Date : I i neCeIVea Uy own LIerh : FORM A _ ._ APPLICATION FOR ENDORSEMENT OF PLAN - BELIEVED NOT TO REQUIRE APPROVAL . December 3, 1987 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 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 , or a private way , namely , Willow Street South/Flagship Drive , being land bounded as follows Northerly by land of East-Con Realty. Trust Willow Street South, 114 Assnciates ;_ and Ciento Realty, Easterly by land of GalQin. Son-Son Reali-y Champagne R T Versatile R T Flaashin Drive ARC Cnrp- , NavP1In- Southerly by land of the Trustees of the Reservation. Westerly by Trustees of the Reservation, Business Park R.T.•, Phillips Academy a0d Route #125 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to the zoning by-law. 3 . Title reference North Essex Deeds , Book 2045 ; Page 279 or Certificate of Title No . Registration Book. Page Appli ant ' s Sign ure : Owner ' s signature and address if not the applicant: AW FF Applicant ' s Address : 23 Main Street, P O Box 522 23 Main Street, P.O. Box 522 Andover MA 01810 Andover, MA 01810 Kc_Gt I vcu uy. iUWII UIt:I h . L DEC i 9 z4 '87 _ 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 determin at said p an how a subdivision , s defi d by G . L . c. 1 , s . B L , a must th efore be r -submitted t it for pproval under the Subdivisio 0 of Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By , f _. Date �. f - hir••CV •i� Y `xx�Vn�M yA.•:I � ) Via? _A71 '.. , � µ .Y i J - '..f•.Zh en. ..^,4_ I z.m u i•'_�2�w.p.a-..-Jy""r�.g.r� `��,st. >.. ,.«u r ..�. _ c c . .� � ,. - .. - Ke _ 1vea Dy sown uierh : FORM A RECEIVED APPLICATION FOR ENDORSEMENT .OF Jp�Li.Or1G BELIEVED NOT TO REQUIRE APPP,O CLERK ANDOVER y9 Z 53 Jai 1 1 l g 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 approva 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 , or a private way , namely , Willow Street South/Bayfield Drive being 1 and bounded as follows : Northerly by Bayfield Drive Easterly by Willow Street South. Southerly by Eastcon Realty Trust Westerly by the Andover Bypass. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to the zoning by-law 30 Title reference North Essex Deeds , Book 2401 Page 28 or Certificate of Title No . Registration Book. > Page Applicant ' s Sig ature . Owner ' s signature and address if not the applicant : Applicant ' s Address : Atlee of Delaware, Channel Building Company 10 Bayfield Drive' 23 Main Street P.O. Box 522 North Andover MA 01845 - Andover MA 01810 „4 �L i r Notice to APPLICANT/TOWN CLERK of action of Planning- Board. on accompanying plan : to 1 . 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 Con.trol Law . Very truly yours , NORTH ANDOVER PLANNING BOARD ” By , Date : Witt 1'Q,kti; 0K�N C1K CHANNEL I 11 February 1988 Mr. Scott A. Stocking, AICP Town Planner 120 Main Street N. Andover MA 01845 Re: 1070 Osgood Street Site Plan Review Dear Scott: The Board is hereby granted an extension for its decision on this proposal until February 25, 1988. Si erely, James Bourgeois, R.A. Vice President, Architectural Engineering Services Channel/Bayfield Companies on behalf of Optryx Trust JB: rs Channel euiicing Connoanv, Inc. Planning • Architecture Engineering • Ccnstruction 23 Main Struet • P.O.Box 522 • Andover 0 Massachusetts 01810 0 617.475.1651 PGAGnIhG BG�80 RECEIV�o TOWN OF NORTH ANDOVER. 0"IeLLONG MASSACHUSETTS TOWN CLERK NORTH ANDOVER O,,Noa,N, F13 3 57 ? Any m*W 3 0 IIIIIIwN be Ned F /� ssgCXUs� dwof of�Nod" r. In OMW Of ft T"n NOTICE OF DECISION OWL Date February. 9:.1988. . . .... . . .. . . Date of Hearing February .8,. 1988. . Petition of , , . . .James Bourgeois. . . . , . , . . . . . . Premises affected . . . .�4� .Willow ,Street,LPt,5 ,Gle§ .Side Af W,i,1.JPF. ,Stzggt. , , Referring to the above petition for a special permit from the requirements of the , ,North.Andover Zoning. Bylawr.Section.8 3 . . . . . .: . . . . . . . . . . . . . . . .. . .. so as to permit the construction of a 15,,OOO,sg:ft,, ane story addition.to.a�.. . . . . . . . . . . . . . . . . . existing building. . . . . . . 4 . . . . . . . . . . . . . .. . . . . . . . . . a . . . . . . . . . After a public hearing given on the above date, the Planning Board voted r to Accept . . . . . „the Withdrawal without prejudice , . . . . y based upon the following conditions Signed cc: Director of Public Works Board of Public WorksPa�x1.A: Hedstro}q,, Ilk rTrpp,, , , Highway Surv2yor • • Tree Warden 9e9r .Perna,. Vice;Cha imig., , ,, Conservation Commission Building Inspector John ns .Simo ,. Clerk , . . . . . . . . . .. . . . . Board of Health Assessors �Tiv'4.1M.4sghA . . Police Chief Fire CHief Applicant, Engineer Board File. Interested Parties 1070 CSqDod INV e�(� Av,4vv4/ h I vzi I-Z9 � . ✓ mv vvv dt/lit v r -� L l i a 4 O +3 c3mr'� � A i� •t Z _ _..,,..,......,....,,....1,.,.,—,.,...... :......... �:�.s.v...ter..,..:araan:,.:.nrnrwm.•rr.wa... _ y. v..wwv.�wr.:w..:+,..w.l.w, .,1... ..........urrw-...•......_.._.... TOWN rrnssAcsEsRTANDOVER NOV 5. 10 cs5 rti ' 1 PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant—jampG nnnraanis Address P.O. Box 522/23 Main St. , Andover, MA 1. Application is hereby made (a) For a Special Permit under Section 8.3.4 Paragraph �2 of the Zoning By-Law. To con- struct an addition to'a building with more than 5 parking spaces in an industrial zone. ' 2. (a) Premises affected are' land and buildings numbered Street. (b) Premises 'affected are property with frontage on the North South East West X side of Willow Street, and known as -' No. 355 Street. (c) Premises affected are in Zoning District I-1 , and the premises affected have an area of 3.58 AC and frontage of 248 feet. 3. Ownership: (a) Name and address of owner (if Joint ownership, give all names): Eastcon Realty Trust (Contact East) 355 Willow Street South, N. Andover, MA 01845 Kai Juel & Richard Biggs, Trustees Date of purchase 1984 Previous Owner 114 Associates, Developer •(b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lesnee X Other (explain) Developer's Representative Q.1 Size of p,zoposedtbuilding: ' 145 front; 100 feet deep Height: 1 " stories; 19' feet. . ..(a)~Approximate date of ereotion Mev-December 1988 .. ' '06Moy or use (of each floor) Expansion of the assembly and storage areas for dis— tribution of tools used in electronics industry. (o) Type Of construction Class2C, unprotected non-combustible 5. Size of Existing Buildings_ 100 feet front Height:_ 1 stories 19 feet. ' 250 feet deep (a)- Approximate date of erection 1985 (b) Occupancy or use (of each floor) offices, ass mbly and storage for distribution of tools used in electronics industry. (o) Type of construction Class _2C, unprotected non-combustible 6. Has there been a previous application for a Special Permit from the'Plannin Board premises? o . on these N g If so, when Phase I eeceived Site Plan Approval under 1985 zoning regulations 1• 7. Description of purpose for which Special Permit is sought on this petitions The Contact East company wishes to expand its facility. �J' 1 t til • 'r� 1 ' 1•Y 1 ' .1 1 • 1 :1 • q' • (over) . i - y .. ....,•�•. ...... .. .._�. r w._ ....r...w.wru.... .w.r....a,K-.m• o•nNw n•:nhrw McLm mat.•.:.. ....... Deed recorded in the Registry of Deeds in Book 2401 Page 28 or Land Court ; Certificate No. Book Page 9. The principal points upon whioh I base my applioation• are .as follows: (must.be stated in detail The proposed addition complies with the provisions of the zoning bylaw. Parking beyond what is required will also be provided The addition will continue the attractive contemporary design aesthetic of the existing structure which is also characteristic of the development._ —=- . a I agree to pay for dvertising in newspaper and postage fee for mailing legal notioes to "Parties iii interest". ln. Petitiondr's signature �t 3/�i1 Every application -for action by ilia Board shall be made on a form approved by the Board. These forms sha7.l. be furnished by the Clerk upon request. Any oommunioation purporting to be an application shall be treated as were notion 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 in Interest" which shall include ilia petitioner, abutters, owners of land directly opposite on any publio 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, notAih– standing that the land of any suoh owner is located in another oity or town, the Plan– ning Board of the town and the planning board of every abutting oity or town. LIST OP PARTIES IN INTEREST •AAME ADDRESS Business Park Realty Trust Robert J. Palumbo, Trustee P.O. Box 522/23 Main Street Andover, MA 01810 Parcel A Muffin Realty Trust/The Ogan Company 351 Willow Street South North Andover, MA 01845 Lot 7 Bianchi Realty Trust (Eastprint, Inc..) 350'Willow Street South North Andover, MA 01845 Lot 4 Atlee of Delaware, Inc. 10 Bayfield Drive North Andover, MA 01845 Lot 3 114 Associates P.O. Box 522/23 Main Street Andover, MA 01810 Lot 8 Executive Center Limited Partnership i 300 .Willow Street South ; North Andover, MA 01845 Francis X. and June M. Walsh 1 12 Kathleen Drive - =}•�; Andover, MA 01810 Joseph B. and FraY dar Koffman � 1 14 Kathleen Drive Andoverr MA 01810 h ADD ADDITIONAL SI = S, IF HCESSAnr. t MUM fl ffl RE,rEiVED TOWN OF NORTI1 ANDOVER DANIE►. LO'dG MASSACHUSETTS TROT*' ANDOVER ��/�yyy filed. + Hortrp }`C. T6 ( Rf within dais•1w tete . ems_•-..�; `�`�_ fMM of 9* Hafte � '•111�O✓µ{S In the *of the �Js^cNust� OWL NOTICE OF DECISION Date. ,February X26.1988 , Date of Hearing February, 25: 1988 Petition of . . . .Iam . .Bna3xg�Di$a.� � �@�.fig}lading Company, , . . . . . . Premises affected . .JQ?R Osgood, street, Industrial-2 Zoning District Referring to the above petition for a special permit from the requirements of theV9Vt4.Andover Zonipg. Bylaw.-. Section.8.3 . Site Plan, Review. . . so as to permit . . . ,construct an office building,with associated parking.. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . , buildin8, to be 11.4g0 .square feet, two. story.structure . . _ . . . . After a public hearing given on the above date, the Planning Board voted Conditionally 00 toApprove. . . . . . . .the .Me ,Plan Review . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . y based upon the following conditions cc: Director of Public Works Signed Board of Public Works Highway Surveyor . . . . . . Tree Warden Conservation Commission .GAprg*. Building Inspector Board of Health MIA.siln . . . . . . . . . Assessor Police Chief Erich Nitzsche . .. . . . . . . . . . . . Fire CHief Applicant, Engineer , , , , , . , , , . , File, Interested Parties Planning Board r 1 OF NOXTN9 OFFICES OF: j '' Town Of. 120 Main Street ` APPEALS N North Andover, BUILDING :�. ..�..;,,.:;®� s ,4 Massachusetts 0 1845 CONSERVATION °"°`t �j p F (617)685-4775 UR OVER HEALTH DIOY PLANNING PLANNING & UNIT, EVELOPMENT KAR fg . NW- IN,IN, DIRECTOR February 26, 1988 Mr . Daniel Long , Town Clerk Town Hall 120 Main Street North Andover , MA 01845 Re: 1070 Sogood Street Site Plan Review through Special Permit Process Dear Mr . Long : The North Andover Planning Board held a Public Hearing on Monday evening , July 209 1987 at 8:00 p .m. in the Town Hall Meeting Room upon the appliation of Channel Building COmpany, Incorporated of Andover , MA. The hearing was advertised in the North Andover Citizen on July 2 and July 9. The following members were present at the July 20, 1987 meeting : Erich Nitzsche, Chairman; Paul Hedstrom, George Perna, John J. Burke and John Simons. The petitioner seeks a Special Permit under Section B, paragraph 3; Site Plant Review of the North Andover Zoning Bylaw. The purpose of the Site Plan Special Permit is to review the proposal to construct a new office building with associated parking . The site is located on the North side of Osgood Street between the City of Lawrence Airport property and the Borden Chemical Company property, across for the Great Pond Road intersection at Osgood Street . Said lot possesses 91 ,089.6 square feet of land area with 245 ' of frontage in an Industrial-2 Zoning District . At the continued hearing on October 5, 1987, the Board was informed that Channel Building had obtained an Order of Conditions from the North Andover Conservation Commission. A motion was made by John Burke to close the public hearing and take the matter under advisement . Seconded by George Perna, the vote was unanimous. After several meeting that were held , October 22, 1987, November 23, 1987, December 3, 1987 December 17 , 1987, and January 21 , 1988, the Board met on February 25, 1988 to render the decision. The following members were present and voting, Paul Hedstrom, Chairman; George Perna, Vlce-Chairman; John Simons, Clerk ; and Erich Nitzsche. John Burke was absent. A motion was made by John Simons to approve the draft decision, changing the wording in condition #6 and adding an additional condition, #8, seconded by Erich Nitzsche and voted unanimously. Sincerely, PLANNING BOARD 'aa. , o Paul A. Hedstrom, Chairman 1070 Osgood Street - Site Plan Review Conditional Approval 1 . . The Massachusetts Aeronautics Commission (MAC) , Letter dated August 24, 1987, states the project needs two red hazard beacons and they shall be placed upon the building . No structure shall be higher than 172 ' MSL. 2. , Agreement/approval from the Commonwealth for traffic light work at the intersection of Osgood Street and Great Pond Road . 3. An automatic fire detections and suppressions system (sprinklers) must be installed . These systems shall be connected to the municipal fire alarm system through a master fire alarm box . The developer must contact the Fire Chief for the requirements for these systems prior to installation. 4 . No underground fuel storage will be permitted for this project . 5. No open burning is permitted , except during open burning season and only in compliance with the Fire Department regulations. 6. No building permit shall be issued for this site, prior to the start of construction of the sewer facilities which will serve this project . 7. The applicant shall submit to the Planning Board prior to issuance of a building permit , hydrologic and geologic investigations which shall . include the following : drilling of observation wells, to obtain boring data; stratigraphic profiles; a pumping test , water sampling and geologic mapping , in order to determine if the potential exists of contaminating Lake Cochichewick due to a hydrologic connection of this sites watertable to the lakes watertabie. The Board requests this information in order to safeguard and maintain the quality of the Town ' s water supply. 8 . No Certificate of Occupancy shall be issued for the building , prior to the Planning Board receiving a certification from the designer of the project that the project was constructed according to the plans cited and approved by this decision. The following plans shall be deemed approved by this decision: Plans Entitled : Lakeview Office Building L1-1 , L2-1 , L2-21 L4-IA, L4-1B. Prepared By: James Bourgeois, AIA, Channel Building Dated : January 22, 1987, Revised June 69 1987 and plans entitled Lakeview Office Building prepared by Mitchell Goldman Associates dated June 18, 1987. a Una, 9s T 9Z a U3l3 H dj1, n o R TOWN Cr NORTH ANDOVER plCf KASSACHtrsETTS F8 ! IQ G3PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant James James Bourgeois Address 23 Main Street; Andover, MA 01810 1. Application is hereby made (a) For a Special PeMit under Section 8.3.1 , Paragraph 2 of the Zoning B.Y-Law. to construct an addition to a building wrIM over 10 parking�ees in an Industrial zone. 2• (a) Premises affected are land X and buildings X numbered350 Willo�ir Street. (b) Premises affected are property with frontage on the North South East X West side of Willow Street, and known as ._ No. Street. (o) Premises affected are in Zoning DistrictImo, and the premises affected have an area of 767 AC and frontage of q72 feet. 3. Ownership: (a) Name and address of owner (if joint ownership, give all names): Bianchi Realty Trust (Eastprint Ine ) Date of purchase 12/1/8G Previous Owner WedZe_ Associates, Developer (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee _&_Other (explain) peve]oper's r aresentative 4. Size of proposed building:_60 feet front; 160 feet feet deep Height:_16 tLLj stories;2.000yq tar feet. (a) Approximate date of erection _Mav - December 1988 (b) Occupancy or use (of each floor) offices production and storage for a commercial/ industrial printinz facility. (c) Type of construction Class 2C 5. Size of Existing Building: 180' feet front; 170' feet deep Height:-16' t stories 30,000 s.f. feet. (a) Approximate date of erection May-December 1986 (b) Occupancy or use (of each floor) offices, production, and storage for a commercial/ irrrluctriat nrin ina' fACilitV (c) Type of construction Class 2C i 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: _Eastprint, Inc. has recently occupied their new building in North Andover Business Park; however; the business climate remains favorable and the company foresees that a need _will arise_to expand their facilities in the not too distant future. Land adjacent to the North Andover Business Park has become available which is geographically suited to this - purpoge, This special permit is being sought to justify the necessary acquisition of ap- proxin ately .65 acres from Business Park Realty Trust and permit site development work fo hp dnnp tlnrina the 1987 construction season (over) G Y C' 8. Deed recorded in the Registry of Deeds in Book 2-t01Page Zia 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) The proposed addition complies with the provisions of the- zoning bylaw. ParkinK beyond what' is required will also be provided. The proposal construction will utilize a small area of suitable (upland) land which has no other development potential beingL trapped between the boundary of the North Andover Business Park and adjacent wetlands. The addition will continue the attractive contemporary design aesthetic of the existing,' strgcture which is also characteristic of the development. I agree to pay r advertising in wspaper and postage fee for mailing legal notices to "Part as in interest" Petitioner's si ature Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon requept. Any communication purporting to be an application shall be treated as more 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 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 ADDRESS NORTH ANDOVER BUSINESS PARK Lot E Ciento Associates Ltd. Partnership 2 Elm Square Andover, MA 01810 Lot D Sakowich Realty Trust ' Anthony Sakowich, Trustee 26 Oriole Drive Andover, MA 01810 Lot 8 Robert E. Webster 23 Main Street Andover, MA 01810 Lot 4 Atlee of Delaware, Inc. Willow Street Extension North Andover, MA 01845 Lot 5 Eastcon Realty Trust Kai Juel & Richard Biggs, Trustees 7 Cypress Drive Burlington, MA 01803 Lots 6,10 114 ASsoeiates Realty Trust Robert Webster & Benjamin Osgood, Trustees 2 Elm Square Andover, MA 01810 WILLOWS SUBDMSION Lots L,Q Champagne Realty Trust Lawrence A. Lyons, Trustee 286 Raleigh' Tavern Lane North Andover, MA 01845 Lot R Versatile Realty Trust Richard & Douglas A. Hanson 50 Salem Street L}nnfield, MA 01840 Lot U Business Park Realty Trust Robert J. Palumbo, Trustee 2 Elm Square Andover, MA 01810 77 .'�' rt MUM MH TOWN OF NORT11 ANDOVER MASSACHUSETTS 4 "4011 Th w O e withii 1 C t.; +. - .e date of filing of this Nal ice :..ems• ;� ;,<,..:.=�"s ss^�MpS` in the Office of the Town " s. Clerk. NOTICE OF DECISION Date. . . July. 23, •1987. . . . . . . . . a Date of Hearing . . July 20. _ 198.7 Petition of • . • . James .Bourgeios.,.. for Bianchi Realty Trust (Eastprint,Inc) Premises affected . . . East .side of Willow Street (350 Willow Street) .. . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the ,ivvrth Andover, zoning,Bylaw. Section. 8 . 'Para 3. . so as to permit construct.an, addition.to, a building with over .10. . . . . . . . . . . . . . . . . . . . . .. . .Parking, snaces.. . . . . . . . . . . . . . . . . 4 . . . . . con-dfig a ylulylic hearing given on the above date, the Planning Board voted togrant . . . . . . . .the Site .Plan Review . . . . . . . . . . . . . . . .. . . . . . . . . . .. based upon the following conditions: Signed cc: Director of Public works Erich W. Nitzschet .Chairman Highway Surveyor . . . - Tree Warder. John L. Simons, Clerk . . . . . . . . . . . \ . . . ... . . . . . ... . . :. Conservation Commission " ' Building Inspector Paul A. . Hedstrom Board of Health . . . . . . . . . . . . . . . . . Assessors John J. Burke Police Chief . . . . . . . . . Fire Chief Applicant, Engineer, File George ,7..,,P,@��a.,. .� . . . .. . . . . . Board of Public Works Planning Bonrd k OFFICES OF: Town of 120 Main Street APPEALSt NO DOVER North Andover, R° ` I AN BUILDING ..,, r Massachusetts O 1845 CONSERVATION '" 4 l DIVISION OF (617)685-4775 HEALTH "a PLANNING PLANNING &'VOMMUNIT`11DEVELOPMENT KAA.d � �� I P. ELSON, DIRECTOR I July 23 , 1987 Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Re: Eastprint, Inc. Willow Street North Andover Dear Mr. Long: The North Andover Planning Board held a public hearing on Monday evening, March 16, 1987 at 8 :30pm in the Town Office Meeting Roam upon the application of James Bourgeois, for Bianchi Realty Trust (Eastprint, Inc. ) , The hearing was duly advertised in the North Andover Citizen on February 26 and March 5, 1987. The following members were present: Erich W. Nitzsche, Chairman; Michael P. Roberts, Vice-Chairman; John L. Simons, Clerk; and John J. Burke . The petitioner seeks a Special Permit under Section 8, paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to construct an addition to a building with over 10 parking spaces. The premises affected are located on the east side of Willow Street (350 Willow Street) possessing 7 .67 acres with a frontage of 472 feet in an Industrial -1 (I-1) Zoning District. John Simons read the public hearing notice and letters from the Health, Police and Fire Departments into the record. Jim Bourgeois, Channel Builders of Andover requested a continuance of the public hearing in order to address the concerns of the Fire Chief as stated in his letter. MOTION: By John Burke to continue the public hearing until April 27, 1987. SECOND: Michael Roberts i VOTE: Unanimous Jim Bourgeois from Channel Builders of Andover discussed the addition to the existing building. He explained that the Eastprint Company produces (industrial) adhesives and labels and that the addition complies with the zoning bylaw. He stated that the drainage pipes will be extended 100 feet and that a new headwall will be constructed. MOTION: By John Burke to take it under advisement and to close the hearing. SECOND: Michael Roberts VOTE: Unanimous Page: 2 The following decision was rendered on July 20, 1987 Board Meeting. 1. In accordance with the North Andover Health Department recommendations, the applicant shall take adequate measures to prevent erosion from polluting the adjacant wetlands. 2'. In accordance with the North Andover Fire Department recommendations, the applicant shall provide adequate access to the rear and to the side of the addition. 3. In accordance with NACC Order of Conditions DEQE File No. 242-396. In conditionally granting this special Permit, the Planning Board finds pursuant to Section 10 .31 , Conditions for Approval of Special Permits of the Zoning Bylaw the following: - Willow Street site is an appropriate location for the proposed USE; - The USE, will not adversely affect the neighborhood; - There will be no nuisance or serious hazard to vehicles or pedestrians if the applicant complies with the aforementioned stipulation in the decision. - Adequate and appropriate facilities, such as town water, sewer and adequate parking and green space, will be provided for proper operation of the proposed uses. Based on site visits, the hearing process, and reviews from other departments and agencies, the Planning Board will permit the allowed USE to be considered harmonious with the general purpose and intent of the Zoning Bylaw. Sincerely, PLANNING BOARD Erich W. Nitzsche /je Chairman cc: Director of Public Works Highway Surveyor Fire Chief Public Works Department NACC fl 9 � Police Chief L2, 1 r Hoard of Health 83rrs.' .' Fi180N Building Applicant Engineer File Interested Parties FORM A Ott t + jTD,4z 1.> .t( NORTjj4 1 :.'0vL-R ---- - APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROV&j p 10 August 26 19 87 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 approvi is not required for the following reasons : I . 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 , , or a private way , namely , Willow Street South/Flagship Drive , being land bounded as follows : Northerly by land of East-Con Realty Trust, Willow Street South, 114 Associates, _ and Ciento Realty. Easterly by land of Galpin, Son-Son Realty Trust, Champagne R. T. , Versatile R. T. , Flagship Drive, ARC Corp. , Nevello. ' Southerly b land of the Trustees of the Reservation. Westerly by Trustees o t e enervation, Business Park . , i Academy 2 . The division of land shown on the accompanying plan is not a sub division for the following reasons : All lots conform to the zoning by-law. 3. Title reference North Essex Deeds , Book 2045 Page 279 or Certificate of Title No . Registration Books ; Page Ap licant ' s S ' ure : ,� p � Owner ' s signature and address if not f eU�c� the applicant : � . . 1L -dw?a Applicant ' s Address : 23 Main St. , Andover, MA 01810 23 Main St. , Andover, MA 01810 it . DA EE - D`iU T c s. - SEP 21 3 02 FY 19 II NotiCe to APP LIC agcompanying planNTfTOWN CLERK of action of PiInning- Board. on 1 . The North Andover Planni does not n9 Board hasto require determined that sai and the approval under the d Plan appropriate Said Control Law endorsement has been 2. made upon the. same. The North Andover Planning shows a has determined ision , as at said ust fined b G. L . Plan erefore b re- C. 4 S . 81- s matted to it and Subdivision Control or Prov Law. under Very truly yours , NORTH ANDOVER PLANNING BOARD By i Date : . � . g *77 I I , f I FORM A TC r i;l X MCIR ---- APPLICATION FOR ENDORSEMENT OF PLAN r BELIEVED NOT TO APPP.OV RE RE UI110 Q �iP August 26 19 87 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 approva' 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 , , or a private way , namely , Willow Street South/Flagship Drive , being land bounded as follows : Northerly by land of East-Con Realty Trust, Willow Street South, 114 Associates, and Ciento Realty. Easterly by land of Galpin, Son-Son Realty Trust, Champagne R. T. , Versatile R. T. , Flagship Drive, ARC Corp. , Nevello. Southerly by land of the Trustees of the Reservation. Westerly by Trustees of the Reservation, business Park R. I ., Phillips Academy ana -KOUle #1z;1. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to the zoning by-law. 3 . Title reference North Essex Deeds , Book 2045 Page 279 or Certificate of Title No . Registration Book. ; Page Aplicant ' s S ' nature : Owner ' s signature and address if not the applicant : Applicant ' s Address : 23 Main St. , Andover, MA 01810 23 Main St. , Andover, MA 01810 4 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. a 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 : , r t 1 FORMA laECLlI�?'`� - APPLICATION FOR ENDORSEMENT OF PLAN"i0! CI. ,4 BELIEVED NOT TO REQUIRE APPPOVAVO T" `:34YIER SEP 9 1 10 PY '87 August 28 19 87 To the Planning Board of the T wn' o f North Andover : The undersigned wishes to record the accompanying plan and requests a k 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 , , or a private way , namely , x Bayfield Drive and Willow Street South being land bounded as fol lows : Northerly by land of Bilicki and Margolis Easterly by Willow Street South s, Southerly by Bayfield Drive Westerly by Route #125 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to the zoning by-law. 3 . Title reference North Essex Deeds , Book 1975 Page 333 or Certificate of Title No . Registration Book, Page Aplicant ' s S ' ature : Owner ' s signature and address • f not the ap i ant : n Applicant ' s Address : fLr•.S r�� da, e . � r�vs� 23 Main St. , Andover, MA 01810 ; ! 11 Bayfield Drive, N. Andover, MA 01845 i 1 -_i D A N SSP Z1 Notice to APPLICANT/TOWN CLERK of action of Planning- Board. on accompanying plan : 1 . 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 lan show a subdivision , a defined y G .L . c. 41 , . 81-L an must the o be re-subm to it for a val under e Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOAR By : Date : -,� ' FORM A _..._ ._. APPLICATION FOR ENDORSEMENT OF PLAW 1! 1-1 K BELIEVED NOT TO REQUIRE APPROVAP01' ' T.? SEP 9 ' ( 10 p r87 August 28 , 19 87 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 , , or a private way , namely , Bayfield Drive and Willow Street South , being land bounded as follows : Northerly by land of Bilicki and Margolis Easterly by Willow Street South Southerly by Bayfield Drive Westerly by Route #125 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to the zoning by-law. 3. Title reference North Essex Deeds , Book 1975 Page 333 ; ,or Certificate of Title No . Registration Book. ; Page Ap licant ' s S ' ature : Owner ' s signature and address ' f not the ap i ant : A A ei e% rYVLA-I�et4�_3 Applicant ' s Address : rz�s� 23 Main St. , Andover, MA 01810 r t 11 Bayfield Drive, N. Andover, MA 01845 w rf T Notice to APPLICANT/TOWN CLERK of action of Planning- Board. on accompanying plan : 1 . 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 Con.trol Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By : Date : i 4 '� R FORM A — - - No::-, L.01PLICATION FOR ENDORSEMENT OF PLAN BF; EYED NOT TO REQUIRE APPROVAL If OCT i` 46� 28 August 19 87 To t'he 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 , , or a private way , namely , Willow Street and Salem Turnpike , being land bounded as follows : Northerly by land of 114 Realty Trust, John J. McLay, and Getty Oil Co. Easterly by Salem Turnpike, Route 114 Southerly by Willow Street Westerly by Willow Street :r 2 . The division of land shown on the accompanying plan is not a Sub- division for the following reasons : All lots conform to the zoning by-law or have frontage 3. Title reference North Essex Deeds , Book 1193 Page log or Certificate of Title No . , Registration Book. ; Page Applcant ' s Si tures Owner ' s signature and address if not the ap li nt : vw� W Applicant ' s Address : 815 rn ike St Andover MA 0184 23 Main St. , Andover, MA 01810 Notice to APPLICANT/TOWN CLERK of action of Planning- Board. on accompanying plan : 1 . 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 : I f FORM A ftLICATION FOR ENDORSEMENT OF PLAN IEVED NOT TO REQUIRE APPROVAL . : OCT 3 46 28 August 19 87 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 , , or a private way , namely , Willow Street and Salem Turnpike being land bounded as follows : Northerly by land of 114 Realty Trust, John J. McLay, and Getty Oil Co. Easterly by Salem Turnpike, Route 114 . y. Southerly by Willow Street Westerly by Willow Street ..r 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to the zoning by-law or have frontage 3. Title reference North Essex Deeds , Book 1193 Page log or Certificate of Title No . , Registration Book. ; Page Al cant ' s Si tures Owner ' s signature and address if not the ap li nt : aAAAA/I W Applicant ' s Address : 815 rn ike St Andover, MA 0184 23 Main St. , Andover, MA 01810 _ Tfii Nor, 1 ;)E'ER OCT 2z II 17 pM '81 Notice to APPLICANT/TOWN CLERK of action of Planning- Board. on accompanying pian : 1 . The North Ando ning Board has deter hat said pla does not re ire approva under the division Con rol La , and a prop 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 Con.trol Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By : n izl2k Date : G Oversized Maps on file with the Town