Loading...
HomeMy WebLinkAboutBAYFIELD COMPANY i PUAB�IKG BOA80 TOWN OF NORTH ANDOVER MASSACHUSETTS t NORTH'1 P ♦ y �s1CRuse4 September 19, 1985 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re: Approval Not Required Plan for Bayfield Company Dear ; Mr. Long: The attached 'Approval Not Required Plan' dated September 11 , 1985 prepared for the Bayfield Company was not endorsed by the Planning Board for the following reasons: 1 ) The applicant and owner did not sign the Form A application; 2) Part of the land shown on the plan is affected by a rescission under M.G.L. Chapter 41 , Section W per a vote of the Planning Board `on'`February 4, 1984. Motion by: John J. Burke Second by: John A. James, Jr. Vote: Unanimous (not to endorse) Sincerely, PLANNING BOARD Michael P. Roberts, Chairman /nrs Doi QUA 233V i NEW r i ` by luv, n Clerk : R Ii 5 DAVU t99:�RG Bt Nl t!OR ` TOW, .� ,°K TOWN CLEAR RORT., Ka,: rER FORM_ A ORTH bNDOVEA SE P R 39 P ! ` PLICATION FOR ENDORSEMENT OF `fj -_ ELIEVED NOT TO REQUIRE APPRO a To the Planning Board of the Town of North Andover , The undersigned wishes to re corgi the accompanying: plan and, requests -a determination_ by said Board that approval by it under the' $ubdivision ` Control Law is not required . The unders,i,4ned b«rl ? eves that such opproval 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 i required, by the North Andover ironing By taw . and is on - a public way , namely , ,. or a i}r.lVate way , namely , _.Fe 35t./_ A6?IL1c _.�'_ �•cyiczcwJ� fir , being ;land bounded as follows : 7iYr�7" 7M,197eZn. of rH- k7 &4F5z--X-VW 7'100,r T 2 . , The division of land shown on the accompanying plan is not a sub- .division for the following reasons : 3. Title reference North Essex Deeds , Book f .�-,; Paged or Certificate Certificate of Title No. Registration Book ; Page pp.ls i a re . Owner ' s gn to e > and cess if not e i ca - C Applicant ' s Address : ` ReceivEd by Town Clerk : i i i i Notice to APPLICANT/TOWN CLERK of action of Planning Board on f accompanying plan : i I . The North Andover Planning Board has determined that said plan : does not require approval pproval - under the Subdivision Control Law , Iand the appropriate endorsement has been made upon. the same . 2 . The North Andover Planning8oard has determined that said plan f 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 . i Very .truly yours', NORTH ANDOVEPPLANNING BOARD By : Date : Any apo,nal shall be filed within (?0) <-Ms after the of "ORTHqp T ER,. date of '.nu32 si,. of ti-Js Notice 0 ju in the Office of the Town 56 son Clerk. A TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Bayfield Dev. Co. Petition: #99-89 242 Neck Rd. Haverhill, MA DECISION The Board of Appeals held a public hearing on Tuesday evening, February 13, 1990 and March 13, 1990 upon the application of Bayfield Dev. Co. requesting a Special Permit from the requirements of Section 4.11, Paragraph I of the Zoning Bylaw so as to permit construction of business offices and national headquarters of a moving company business, with approximately 2,000 s.f, of offices, 9,000 s.f. staging and unloading areas and 13,000 s.f. of entirely indoor non-industrial storage for goods in transit an the premises located at Route 114 and west side of Berry Street. The following members were present and voting: Frank Serio, Jr. , Chair- man, Augustine Nickerson, Clerk, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on January 25, 1990 and February 1, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mr. Nickerson, the Board voted, unanimously, to DENY the Special Permit as requested. The Board finds that the proposed use is not similar in character to those listed in Section 4.131, and even assuming it were similar, warehousing is only permitted as EC$e6ondary use in 'this district. Applicant's proposed use'provides for ware- housing]'as its preaomiriant .use. The Board finds that the petitioner has not satisfied the conditio'nsof Section 10.31. Dated this, 15th day of March, 1990. BOARD OF APPEALS ran, sdrio, Jr ' Chairman /awt pct l filed Pashall y Any ao, ;, R sur APR,LM m within (=�, ;:, teas 9Q date Oi ii.,;, ; vi tr'ls Notice tq cnu.... in tViaVia he Office of. the Town � n 'TOWN OF NORTH ANDOVER MASSACHUSETTS ,1 BOARD OF APPEALS NOTICE OF DECISION Bayfield Dev. Co. Date March 15, 199Q 242 Neck 'Road Haverhill, MA 01830 Petition No, 99-89. . . . . . . . February 13, 1990 Date of HORT1AgMarch• 13; •1990• Petition of . . Bayfield Dev.. Po. . Premises heated . .Route .114_ and .west. side .of, Berry.Street. . . . . . . . . , . . . • . . . . . . . . . . . . . Special Permit Referring to the above petition fpr from the requirements ofAM .Section• •4.11,• • Paragraph..1. -of the. Zoning. By1•aw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit -construction. of. business• •office•s •and•national•headquarter& -of a• moving company business, with approximately 2,000 s.f. of offices, 9,000 s.f. s•t•aging an$• -unloading -areas. -and 113,000 -ss • f•.• of •entirely •indoor• •non-industrial- - storage for goods in transit. After a public hearing given an the above date, the Board of Appeals voted to DENY. . . . . : the Special Permit C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Board finds that the proposed use is not similar in character to those listed in Section 4.131 and even assuming it were similar, warehousing Is only permitted as a secondary use in this' district. Applicant's proposed use provides for ware- housing as its. predominant use. The Boar d.finds that the petitioner has not satisfied the conditions of Section 10.34ligned of the Bylaws. )� Frank Serio, Jr. , Chairman Augiistifie'Ni.ck:er.sofi, Clerk• . . . . . . . . . . .Walter -Soule. . . . . . ... . . . . . . . . . . Raymond Vivenzio . . . . . . . . . . . . . . . . . . . . . . . .. Board.of Appeals P6AhhIhG B�A� n TOWN OF NORTH ANDOVER MASSACHUSETTS ANIEiYitt t HOniK FfN .114 RI 0 tO 3? Ihr 15 33 P t • Any appeal shall be filed within (20) days after the date offling'ofthis Notice NOTICE OF DECISION In the Office of the Town Clerk. 15, 1990 Date. May . . . . . . . .. . .. . .. . . . . . . Date of Hearing May 3. 1990 Petition of Ha�field.�. . X. . . . . . . . . . . . . . . . .. . . . . . . . . Premise$ affected TurnPike street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the , . . . . P �vQe; .�R��.us .H.Y� .. S�ctiom.$.3 .: .5�, kJ an. Review. . . . . . . so as to permit , the, cpnstructigq off„� ;24.P.M. aud. storage buildin .�I . .. g. . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted DENY SITE PLAN REVIEW to . . . . . . . . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . .. . . . . . I . . . . . . . . . . . based upon the following conditions: cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Signed O Board of Health �.O� C Conservation Common George Perna, airman Assessors e . . Police Chief John Simons, Clerk Fire Chief . . . Applicant Erich Nitzsche 'Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . File Jack Graham Interested Parti . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Draper ..planning . .B pard . . . . . ' OT,NOMTMI OFFICES OF: or'` °� Town of 120 Main Street BUILDING NORTH ANDOVER North Andover CONSERVATION Massachusetts 01845 � �'v`,:;'o��" HEALTH �$ " g't DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR May 14, 1990 Mr. Daniel Long Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re: 2070 Turnpike Street Bayfield Company Site Plan Review Dear Mr. Long: The North Andover Planning Board held a public hearing on February 15 , 1990, upon the application of Bayfield Company, 242 Neck Road, Haverhill, MA requesting Site Plan Review approval under Section 8. 3 of the North Andover Zoning Bylaw. The hearing was duly advertised in the North Andover Citizen on February 1 and February 8 , 1990, and all parties of interest were properly notified. The following members were present: George Perna, Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. The petitioner seeks site plan approval for the construction of a 24,000 sq. ft. , one story building to be used for offices and storage . The premises affected is located at 2070 Turnpike Street, Route 114 and Berry Street, in a Village Residential Zoning District. John Simons read the legal notice to open the public hearing. Letters were received from abutters and portions thereof read. Letters were also received from the engineer. All letters are available in the file for inspection. Christian Huntress, Town Planner, told the Board that the applicant has been before the Technical Review Committee. Bill Hmurciak, D. P.W. , is reviewing the drainage calculations. it Page 2 : John Simons asked Jim Bourgeois, engineer, when the lots were created. Jim' s response was that the lots were created in 1985, the ANR Plan in 1987 . Tom Neve, Thomas E . Neve Associates, stated the use was frozen because of the ANR Plan. Jim Bourgeois, E. D. C. , Inc. , was present representing the Bayfield Company. Also present were Mike Rice and Jeff Donahue, from the Bayfield Company and Terry Tuttle from W.B. Kent Company. Jim Bourgeois gave a brief overview of the parcel located on Route 114. The applicant is proposing a 24,000 sq. ft. building. There will be a curb-cut on Route 114 for access and egress. A 360 degree access around the building has been provided for the Fire Department. The proposed project meets the dimensional requirements . An area of 13,000 sq. ft. will be used for modular storage . George Perna asked what the building would look like from Berry Street. Jim Bourgeois did not have plans showing the elevations from Berry Street, but tried to explain to the Board. George Perna asked about the parking around the building and if there was any landscaping planned. Jim Bourgeois stated that there would be a screen of pine trees around a stockade fence. Hardwood trees, 12 feet high would also be planted. George Perna stated that the Board would view the Berry Street side as the front of the building and it should be attractive. Jim Bourgeois stated that he had been before the Board of Appeals on Tuesday for a special permit for use of industrial storage being an accessory use, but storage is the prime use in this particular business. Jim Bourgeois gave the Board some background on how the Zoning Bylaw came about regarding storage and it being a permitted use in the Industrial-1 (I-1 ) Zoning District. The Board went over Section 4. 11 of the Zoning Bylaw. The Board raised the question of is it an allowed use . Terry Tuttle, W.B. Kent Company, told the Board that this was not a self storage business, the storage is only temporary and for i household goods only, not hazardous materials. George Perna stated that if storage was the primary use then it .was not allowed. William McCullom, an abutter, stated that warehousing is warehousing, whether its household goods or not. John Simons asked Christian Huntress to send a letter to the Board of Appeals on the issue of use. Erich Nitzsche commented on the hardwood trees being used for screening . His comment was that during winter the leaves would havle fallen, leaving no screening. He would rather see evergreens planted. Pagel 3: John Draper stated that his prime concern, if he lived in the area, would be the idling of the trucks. Terry Tuttle stated that theme are laws that prohibit the idling of vehicles for more than ten ( 10) minutes. He also told the Board members the hours of operations would be from 7 :00 a.m. to 5 : 30 p.m. John Draper asked about the sound being buffered. Jim Bourgeois stated that it would be possible to have a five ( 5 ) foot berm, then a fence. The Board requested elevations for the Berry Street side . When asked about the lighting, Jim Bourgeois told the Board that; there would be lighting on the building. George Perna requested information on the lighting fixtures. Upon review the Board would either approve the type to be used or make recommendations for another type of fixture. Regarding signs, Jim Bourgeois stated there will be a ground sign, to code. George Perna said the biggest concern is screening along Berry Street. Jim Bourgeois showed the Board a different scenario for the placement of the building. Wetlands would be disturbed, approximately 30,000 sq. ft. Ed Pedi, an abutter, expressed concerns of truck drivers coming in at midnight letting the trucks idle with their lights on. Terry Tuttle spoke to the Board on different areas trucks stop and the policing of those areas. He suggested that a gate be installed near the building so the trucks could go no further. Tom Neve, Thomas E. Neve Associates, went over the wetlands with the Board. A plan was shown to the Board with Riparian Realty Trust, Elm Square and W.B. Kent properties. Tom Neve went over the technical drainage system with the Board. Erich nitzsche wants to see the under drains. Tom showed Erich a rough draft of the catch basins. Erich requested spot elevations regarding the water. George Perna asked about the water that flows along Berry Street and if it would increase or decrease. Tom stated that it was in his report and would find the correct page. The Board will schedule a site visit. John Simons asked Tom what was the position of the Board of Health. Tom told John he has a letter from Mike Graf and the wells are outside of the 100 foot area. George Perna asked that the distance be further than the 100 foot requirement. Tom said he would look into it. Erich Nitzsche asked for peck tests and deep hole tests that were taken by Tom Neve . Tom told Erich he would see that he gets those tests. Page,' 4 : Tom Neve said there would be a 12 inch water main brought down to the site with an 8 inch pipe going into the site. Jim Bourgeois further stated that his client will put hydrants on Berry Street. Bill McCullom, Berry Street, told the Board that he had bought the old Farnum Homestead twenty years ago. He had hoped for a Village Residential setting. He further stated that it was "a hell of 'an impact to the neighborhood" for such a development. Frank Hamilton, Berry Street, expressed is concern with the businesses that are now appearing in the neighborhood. He also would like to see a Village Residential setting. Tom Neve stated that he was prepared to make the parcel as low impacted as possible . George Perna explained to the abutters that the Board had their concerns in mind and that the Board is very sensitive to their concerns. John Simons told the abutters that if a Form A Plan is filed, the use is allowed, within three years. George Perna stated that the Board can only condition a site plan. Bill McCullom asked which Board would determine the use. George Perna stated that the Board would have Town Counsel review the! issue . Linda Pedi,a n abutter, asked the Board if they would visit the present site of W.B. Kent as well as the proposed site . Tim Nixon, 362 Berry Street, expressed his feelings on the proposal along with the parking that is associated with the soccer field off Berry Street. A motion was made by John Simons to continue the public hearing to Mach 1, 1990 and schedule a site visit for Saturday, February 17 , 1900 at 8 : 30 a.m. The motion was seconded by Erich Nitzsche and voted unanimous by those present. The Board requested that a letter be sent to the Board of Appeals. On March 1, 1990 the Planning Board held a regular meeting. The following members were present: George Perna, Chairman, Erich nitzsche and Jack Graham. John Simons arrived at 8: 15 p.m. John Draper was absent. John Simons read letter from the Fire Department, attorney for the abutters and the Department of Public Works. The Board went over concerns from the last meetings 1 . view from Berry Street 2 . size of the building 3. screening on the Berry Street side 4 . parking area 5 . storage not in the back of the building. Page 5 : Abutters expressed their concerns with: 1 . owner becoming an agent 2 . view from Berry Street 3. trucks Parked with their engines running 4 . activity going on in the area Issues still to be addressed: 1 . parking area 2 . storage area 3. drainage 4. legal issues Modifications will be supplied by the engineer, Tom Neve, to the Planning Board by Thursday, March 8, 1990. The Board will review the modifications. A motion was made by John Simons to continue the public heating to March 15, 1990 and direct staff to draft a first cut of conditions. The motion was seconded by Erich Nitzsche and voted unanimously by those present. On March 15, 1990 the Planning Board held a regular meeting with the following members present: George Perna, Chairman, John Simons, C1erk,Erich Nitzsche and John Draper. Jack Graham was absent. John Simons read a letter from E.D.C. Tom Neve stated that the owner of the parcel wants to build a spec building. John Simons asked that the applicant withdraw the application before the Planning Board and resubmit and re-advertise. A lengthy discussion took place on the prospective owner of W. B. Kent, not the tenant. The use of the parcel is presently undefined. The question of who was the applicant was discussed. The Director of Planning and Community Development has reviewed. The signature is that of the Bayfield Company. Erich nitzsche and John Draper agreed with John Simons on needing a new submittal. Town Counsel will be contacted to clarify. The following changes were made to the original plans: 1 . The offices were moved 2 . The truck access moved to the northwest portion of the plans. 3. Two islands were added to the plans. The berm along Berry Street could be made higher from 4 feet to 8 feet with a fence. Page 6 : Ed Pedi, Berry Street, stated that the building was a building for 'a trucking company. The engineer stated that this type of building was generic for manufacturing. A motion was made by Erich Nitzsche to check with Town Counsel on the legality of the application and continue the public hearing to April 5 , 1990. The motion was seconded by John Draper and voted unanimously by those present. On April 5, 1990, the Planning Board held a regular meeting. Thejfollowing members were present: George Perna, Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. Christian Huntress, Town Planner, told the Planning Board that he has spoken with Town Counsel regarding the application citing W.B. Kent as the possible tenant. it is of the opinion of Town Counsel the original application stated the applicant as being Bayfield Company and that it is alright to continue the public hearing. Christian Huntress gave the Board members copies of a draft decision. Members of the Board expressed their concerns of the owner/applicant issue. Thomas Neve, Thomas E. Neve Associates, told the . Board that the proposed building will be dropped 6 feet from a 30 foot high building to a 24 foot high building. Erich nitzsche wants to go over the drainage concerns with Tom Neve . A discussion to place on adding conditions. The Board wants the plans showing the front of the building as facing Berry Street. Also discussed were: 1 . Loading docks on Berry Street side reduced, Board members questioned the need for 6 loading docks. 2 . Truck traffic signs will be a condition. Tom Neve stated that septic system testing was being done. Berms will be placed along Berry Street with no construction traffic on Berry Street. Kathleen Walsh-Murphy, an abutter, questioned if the proposed was going to be a warehouse . Tom Neve said, "no The Board reminded the applicant that any other construction on the site will need Site Plan Review. The Board was told that all wetland areas will have a conservation restriction easement, which will be provided before occupancy is permitted. This conservation restriction easement will be on the deed and is perpetual. Pagel 7 : Sean Murphy asked about the H.V.A. C. units. George Perna stated that there will be no mechanicals on the roof. The Board requested that an additional condition be placedd within the draft decision. Adding that a lighting plan will be submitted with lights casting down. A lengthy discussion took place on the number of lots being one address. George Perna stated that the following issues had to be addressed: 1 . common driveway, because their are three lots 2 . drainage A motion was made by Erich Nitzsche to continue the public heating to April 19, 1990 and add the items discussed to the draft decision. The motion was seconded by John Draper and voted unanimously by those present. The Planning Board held a regular meeting on April 19, 1990. The following members were present: George Perna, Chairman, John Simons, Clerk, and Erich Nitzsche. Jack Graham arrived at 9:05 p. m John Draper was absent. Christian Huntress told the Board that he did not know the status of this application. Time runs out on April 27, 1990 for the protecting of the zoning. There is also a twenty day appeal period. Erich Nitzsche wants the drainage issues addressed. A motion was made by John Simons to close the public hearing, take the matter under advisement and direct staff to draft a negative decision. The motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. On May 3, 1990, the Planning Board held a regular meeting. The following members were present: George Perna, Chairman, John Draper and Jack Graham. John Simons arrived at 8: 30 p.m. Erich Nitzsche was absent. Christian Huntress, Town Planner, gave the Board a draft decision. The Board reviewed the draft. John Simons added two items: 1 . Plan does not conform to zoning, Form A Plan expired on April 27, 1990. 2 . Not an allowed use under present zoning, which is VR- A motion was made by John Simons to deny the Site Plan Review for 2070 Turnpike Street as drafted and amended. The motion was seconded by John Draper and voted unanimously by those present, including the Chairman. Pago 8: The reasons for denial are attached. Sincerely, PLANNING BOARD George iwerna, Chairman car, ' Director of Public Works Board of Public Works Highway Surveyor Building Inspector Conservation Commission Board of Health Assessors Police Chief Fire Chief Applicant Engineer File R�YFIELD DEVELOPMENT CORP 2070 TURNPIKE STREET SPECIAL PERMIT DENIAL. SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. FINDINGS OF FACT: The Planning Board finds under Section 8.35 of the Zoning Bylaw that the proposed site plan does not meet the requirements 'necessary for the granting of an approval under the Site Plan 'Review process. Further, the Planning Board makes the following findings regarding this Special Permit as required by Section 8.3 of the Zoning Bylaws: 1. The Planning Board cannot determine, through the information provided, that the proposed site design for this lot is appropriate. 2. The site drainage system is not designed in accordance with the Town Bylaw requirements. 3. The applicant has not met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 4 . The plan does not include all materials or information required in Section 8.3, and has failed to conform to the procedures for Site Plan Review as outlined in Section 8.3 and 10.3 of the Zoning Bylaw. Finally, the Planning Board has requested information throughout the Public Hearing process which to this date the applicant has made no effort to provide. This information is with regard to both the existing and proposed drainage facilities on site. The ;following list of concerns still remain to be addressed by the 'applicant and are the basis for this denial: OUTSTANDING ISSUES: 1. Computations have no descriptive narrative making sequential checking difficult. The Subcat and reaches are not uniformly numbered. The Board is also under the impression that there are drafting errors but without a uniform analysis or at least a narrative to explain routing, the Board cannot be sure. The routing sequence should be revised to show continuity. Without drainage plans of the upstream areas, the Board cannot review the computations without assuming there are other deficiencies. 2. The use of reaches 1, 4, 5 & 6 should be treated strictly as Pond outlets. 31. There seems to be more and for storage 1 than contributing g P # g area. Computations for pond #1 show storage of 10.39 Ac-Ft. on a 6 acre watershed that has considerable development. 41. Reach #5 has an outlet of 95.15 elevation according to the computations but the plans show an elevation 97.8. 5;. Pre-Development plans show two detention ponds numbered 2, (Pond 2) it is not clear to the board how this is to be treated. Post development treats the area as two separate ponds. 6. There is no Pond #2 in computations for the pre-developed 10 year storm. 7. Pond #2 indicates a storage capacity of 7.4 Ac-Ft. at elevation 94 for the pre-development. Post-Development has 6.61 Ac-Ft. plus pond #3 storage of 2.48 at elevation 94. It is not clear to the board where the additional storage has come from. S. The culvert at the driveway is higher than the ground elevation, this will result in leaving trapped water. 9. The calculations for subcat 6 are incorrect. 10. The plans call for the culvert under route 114 to be a 24" pipe, but the drainage computation call for the culvert to be a 21" pipe. 11. The topographic plans are incomplete in that there is no data on the west side of pond #2 to indicate the 94 foot contour, the twelve foot wide brook which is the inundated reach #3 or the ditch detail along route 114. Further, all stone walls within the property are not delineated. 12 . The watershed lines are inaccurate both in the pre and post development analysis. 13. A comparison between the Pre and Post analysis of the computations indicates that pond #2 raises the water surface from elevation 93.9 to 94.6 feet. The increased flooding is not contained to the applicant's property. 14. No Board of Health Approval has been granted for the on site septic system. 15. This site is situated in the village Residential Zoning District and as such the proposed use is not in accordance with the allowed uses as provided under section 4.123 of the I'� North Andover Zoning Bylaw. On April 27, 1990, by failure to obtain a building permit, the Applicant lost all grandfathering rights under the previous Industrial Zone. Any future proposals will have to conform with the requirements of the Village Residential Zone. The plans which the applicant has placed before the board for review, and on which this denial is based include the following: Plans entitled: Bayfield Company 2070 Turnpike Street North Andover, MA Plans prepared for: Bayfield Development Co. 242 Neck Road Haverhill, MA. 01830 Plan prepared by: Thomas E. Neve Associates, Inc. EDC Inc. Dated: most recent revision - 3/9/90 Sheets: L2-1, L3-1 cc: 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 r v OCT 19 '91l 13,:22 (LEVE ASSOCIATES P.2 RECEIVES DIVISION OF PLANNING AND DANIEL UNG COMMUNITY DEVELOPMENT TOWN CLERK NORTH ANDOVER TOWN OF NORTH MASSACHUSETTS O*ER IQ 3 ANON PLANNING BOARD APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMIT Under Section 8. 3 of the Town of North Andover Zoning Bylaw. 1. ) Applicant/Petitionerot Bayfield Development Company, Inc. Addressr 242 Neck Roa , r , Phones ( 508 ) 374-4495 2 . ) Ownership: Same as above Addresst Phones 3. ) Location of the projects willow 'Street South & Flagship Drive Address North Andover Assessors Map #: 25 107C Deed Recorded in, North Essex Reaistrx of Deeds Registry of Deeds Book 962Page X79 7 or Land Court Certificate No. Book page 4. ) Size of the Building 30,000 square feet Height ' one Stories __ Feet Occupancy or Use Offic Li ht Manufacturin Type of Construction ;2C/Unprotected non-combustible/steel & masonry 5. ) Size of Existing Building 'not applicable Height Stories Feet Occupancy or Use Type of Construction 6. ) Classification of the Project(5ee Section 8. 33 of the Zoning Bylaw) Major Intermediate X Minor INFORMATION REQUIRED FOR SITE PLAN REVIEW TYPE OF DEVELOPMENT PROPOSED /l AJ R \ INTERMEDIATE JIIN0 TYPE OF INFORMATION REQUIRED X XX 1 . North Arrow/Location Map X XX 2 . Survey of the Lot/Parcel X X X 3. Name/Description of Project X . X X 4 . Easements/Legal Conditions 'X X X 5. Topography X XX 6 . Zoning Information X XX 7 . Stormwater Drainage Plan X - X X 8. Building(s) Location X X __-- -- X 9 . Location of Parking/Walkways X- X . X 10. Location of W-etlands X X X - 11 . Location of Walls/Signs X X __- X 12. Location of Roadways/Drives X 0 0 13 . Outdoor Storage/Display Area X X 0 14. Landscaping Pian X X 0 15. Refuse Areas X X 0 16. Lighting Facilities X 0 0 17. Drainage Basin Study X 0 0 1B. Traffic Impact Study X 19. Commonwealth Review X Required Information 0 Information may be requested by the Planning Board 7 . ) Please supply ten ( 10) copies of the above information to the Town Planner with this application. ti OCT 19 190 13:23 I'IE'VE ASSOCIATES P�' P.3 "r► 'i'S'r it�4Y:,p 4 $. � Advertising Fee, bill direct Filing Fee, $300.00 + 5 R U U U 11800. 00 9. ) Petitioners Signatures Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Town 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 in accordance with the requirements of Section 8. 3. 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 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 IN INTEREST NAHE ADDRESS see attached ADD ADDITIONAL SHEETS, IF NECESSARY ANY QUESTIONS SHOULD HE DIRECTED TO THE PLANNING OFFICE AT 685-4775 ............- i . . RECORDED BY ALR . JOS NO. n DATE I Thomas E. Neve Asaociatea, Inc. NAME OF ABUTTE E , (OWNER) ADDRESS AND/OR MAILING DEED ASSESSOR'S PLAT COMMENTS ADDRESS BOOK/PAGE PLAT BLOCK LOT Bianchi Realty Trust 7 Danbury Road 25-78 John C. Bianchi. Tr. Naphua, HE Ciento Assoc. L ted 242 Neck Road D- Partnership Haverhill, MA 01835 A Versatile Realty Trust 50 SaleM Street 107C-83 rq RN i DA Hanson, Tr. Lynnfield, MA 01941 (nn u� o, n Are Realty Corp. 530 Turnpike Street 107C-25 n Chan. S. Rigrelll, Tr. North Andover, MA 0184 m to Kenics 125 Plagship Drive 25-80 Borth Andover, MA 01845 Allison J. Novello 111 Marian Drive 107C-41 N. Andover, MA 01841 Trustees of Reservations 572 Essen Street 25-52 Beverly, MA 6-3. 6-5. 6-7 ndover Phillips Academy _ Kain Street 5-2 Andover Trustees of Andover, W01810 114 Assoc. Realty Trust 242 Neck Road , 25-76 R. Webster, B. Osgood Haverhill, MA 01835 5-1 Andover Trustees Sastcon Realty Trust 7 Cypress Drive 25-75 Burlington, MA Business Park Realty Tr 242 Neck Road 5-9 Andover y Robert Palumbo, Trustee 25-75 Haverhill, MA 01835 r r ti 4 Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitleds DEFINITIVE SUBDIVISION PLAN OF NORTH ANDOVER BUSINESS PARK EXTENSION By: THOMAS E. NEVE ASSOCIATES, INC.(T0PSFI6h0Jd DECEMBER 1, 19 89 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land"* or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division# all as provided by G.L. c. 41t S. 81-U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3• That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: SEE ATTACHED -- ,, v In the event that no appeal shall have been taken from said approval within twenty days from this date) the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan* o b r 1 AP or e r NORTH ;ANDOVER PLANNING BOARD Date: Mardi 2 1990 By, ./0iwf e'peiSt/XIC- r I ' I FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN Nt?hT'fr DEC, 319A ITo the Planning Board of the Town of North Andover: I The uodereigned, being the applicant as defined under Chapter llr Section 81—Lr for approval of a proposed subdivision shown on a plan entitled 7.LrF�VE Suso/Uisto.1 p44AI or gigrN Awe IL'R FuslNE3s pA-,-,c �CxTEusioAj l by __7NatW5 E - Vcye Rssoc�A21 IWC (7bjPsi/4zo) dated Lwz• 4, 1489 being land bounded as follows: _A14'0X WHEW A V "o orpw ,PeAe-yy Masr 1,014aw Sr. EYT ANO /ANGF!%QEAGTY C/vJTD Pt-ewe--r�5soa.4rE5 �iA�s/�ip,p,eryF, � SourHEeuf�B� rr/E�uf�s�c QFs-�zd,�na�/s. hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for, approval of said plan. Title Reference: North Essex Deeds Book � S Page SZ7? or Certificate of Title No. , Registration Book t page.; or Others Said plan has(4 has not( ) evolved from a preliminary plan submitted to the Board of JULY 7 ' 19 88_ and approved (with modifications) (v) disapproved ( on .4ud- e t 19 M The undersigned hereby applies for the approval of said DEFINITIVE plan by the Boardt and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Departmentt the Highway Surveyor# the Board of Healthy and all general as well as zoning by-laws of said Towns as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan# profiles and cross sections of the same. Said plant profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree— ments herein shall be binding upon all heirst executors, administratora, successorst grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: Far% Realty Trt: c Date: Time: r Signatures R-,ad, ';ejechill; XA 01935 NORTH ANDOVER BUSINESS PARK EXTENSION DEFINITIVE SUBDIVISION, CONDITIONAL APPROVAL 1. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification by a Registered Professional Engineer will be required prior to the issuance of a certificate of occupancy. 2 . All drainage facilities including detention basins, shall be constructed and erosion controlled prior to any lot release. 3 . An as-built plan and profile shall be submitted for review and approval prior to the final release of DPW bond money. An interim as-built, certified by the design engineer, verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. To insure compliance with this condition, a bond in the amount of $10,000 shall be posted prior to the release of any lots within this subdivision. 4. Any changes on the plans required by the North Andover Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. 5. All Planning Board Order of Conditions are to be placed upon the recorded Definitive Plan, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 6. Throughout all lands, tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the site. Prior to construction, each lot shall apply to the Planning Board for Site Plan Review as required by Section 8.3 of the North Andover Zoning Bylaw. The owner, or representatives thereof, may not petition the Building Inspector for a permit to build prior to receiving Site Plan approval from the Planning Board. Accordingly, the developer of each individual lot, in conjunction with a registered arborist, shall submit a tree cutting and reforestation plan consistent with the provisions of Section 5.8 of the North Andover Zoning Bylaws ( The plan is for areas of substantial cutting and filling ) to be reviewed by the Planning Staff prior to the applicant receiving a permit to build on any lot within the subdivision. This Plan shall explicitly include specific trees to be retained. Also, the developer shall inform the Town Planner when any tree cutting is to occur in order that the Planner may determine the need to be to be present. 7 . ' Prior to final release of any bond being held, street trees may be added as reasonably required by the Town Planner. S. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected with hay bales to prevent siltation into the drain lines during road construction. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12 . No underground fuel storage shall be installed except as may be required by Town Regulations. 13.' Permanent street numbers will be posted on dwellings prior to occupancy. 14.' All buildings shall have commercial fire sprinklers installed prior to the issuance of the certificate of Occupancy, per order NAFD. 15. Prior to a Certificate of Occupancy being issued for any lot, that lot shall have received all necessary permits and approvals from the North Andover Board of Health. 16 All drainage and sewage facilities shall be approved by the North Andover Division of Public Works prior to the Planning Board endorsing the record plans. 17. As a part of this conditional approval the owner/applicant has agreed to the following: a. Bayfield Co. , and/or any subsequent owner, ("the owner") shall set up an entity which will manage the design and installation of the traffic light at the intersection of Route 114 and Mill Street. b. The owner shall get the light designed by an engineering firm qualified to do the work and approved by the Town. C. An Industrial Revenue Bond, or other means of assessment, shall be written to cover the cost of the engineering, the installation of the lights, any roadwork, and associated other fees for issuance of the bond or assessment. d. The owner shall manage the construction of the lights. e. The owner shall contact all business users of the lights that are directly affected and enlist them to pay their fair share. f. If the lights are not installed at the time of completion of the first building in the subdivision, the owner shall pay for a traffic officer each business day during such time period as directed by the safety officer of the North Andover Police Department. g. In the event that enough funds are not collected, a betterment action would be undertaken for Town Meeting approval to cover the costs. 18 . Bonds, in an amount to be determined by the Planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, site screening and other pertinent public amenities. These bonds shall be in the form of a Tri-Party Agreement, Pass Book or buildable lots. 19. This subdivision shall conform to the Subdivision Rules and Regulations of the North Andover Planning Board. 20. The provisions of this settlement shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Conservation Commission Board of Health Assessors Police Chief Fire Chief Applicant Engineer File P6A8G [NG BOAfl0 F I1Vft' : D TOWN OF NORTH ANDOVER iC +' -iF-� K MASSACHUSETTS NOR71i 'jjOVER OEC 15 1 43 I' T f MONTp, �NOOd dL F � s a R. ��)peal shall be filed 111 (20) days after the ACMUS of filing of this Notice the Off ice of the Town NOTICE OF DECISION Clerk. Date. . . .Qq(;gT e ;.1.5, .199Z .. . . . . . . Date of Hearing Aece,1qber ,1,, ,)y992 Petition of . . Aj1yf-PSA. .C9P1pPPy. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . Premises affected . . ,w,�1,Zow, ,S,t., ,5put &, .F.1,aSshLP prive. . . .. . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . . . NPFth. PLA�PYF-F. APALP9. PYIaF. .-. 5P-WPP. P. FIAP. FPVv PW- Fxtppps pn. & Modification so as to permit the. cgnstru,ct:0A of. A .3.1.,55.0. sq,..ft... pue. Sfipxx,.to bIe used . fPr. Pff 4p/��ghx. mFLruUfa,cxPxf11g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVE . . , , ,the SITE PLAN REVIEW . . . . based upon the following conditions: cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Signed Assessors Geor a ffna airman; Conservation Commission . . . . . . . . . . . . . . . . . Police Chief John SiTons; .Cjerk . . . Fire Chief Applicant John Draper . . . . . . . . . . . . .. . . Engineer • • • File Joseph,Mahoney„ Interested Parties Richard Vgr0ei-jjL. . . . . . . . . . "Planning Board KAREN H.P.NELSON Town of 120 Main Street, 01845 Dim-tor ;�• NORTH ANDOVER (508) 682-6483 = BUILDING CONSERVATION DIVISION of PLANNING PLANNING & COMMUNITY DEVELOPMENT December 15, 1992 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Lot 3A Willow Street Site Pian Review Extension & Modification Dear Mr. Long: The North Andover Planning Board held a ublic hearing on December 1, 1992 in the Town Building, Selectmen's Meeting Room, upon lie application of Bayfield Company, 241- Neck '12Neck Road, Haverhill, MA, requesting the extens on and modification of an approved site plan. The legal notice was properly advertised int le Lawrence Eagle Tribune on November 16. and November 23, 1992 and all parties of inter'St were properly notified. The following Board members were present: George Perna, Chairman, John Simons, Joseph Mahoney, John Draper, Richard Nardeila, and Richard Rowen. The petitioner was requesting modification. to a proposal to construct a 3{),i,00 sq.;t., one story office.%light manufacturing building on 6.!5 acres. The premise affected is located at Willow Street South and Flagship Drive in an Incustrial-i (I-1) Zoning. District. Mr. Simons read the legal notice to open tie public hearing. Mr, Perna and Ms. Bradley visited the site nd conmiented that it was a oclod protect. Mr. Jin: I1ouraeois,of Thomas 1 . Neve Ass dates,(lave a presentario11 oA ;1c propo Ctd project. Questions ',here raised by Board inen,,berS )n the following liciliS 1. Road construction 1:; road will be consin:cted a-d k onnect d along with construe-ion >;ic. Page 2: Lot 3A Willow Street ?. Roof top mechanicals A minimum number of air conditioning units to be installed. 3. Number of loadin<i7 docks - minimizing noise 4. hours of operations 7:00 a.m. - 4:00 p.m. (8:00 a.m.- 5:00 p.m.) Truck traffic - one shipment out. one, a week Loadin, docks for shipping other for receiving. Possible once a day receipts Truck traffic - 11:00 p.m. to 5:00 a.m. - The Board would 'like one way truck traffic around the building to The lett. but nol to be used by cars. The original landscape plan to be followed. On amotion by Mr. Rowen, seconded by Mr. ;Mahoney.. the Board Voted u�.,:ni:nousl� to close the public hearing and approve the draft decision as amended. Attached are those conditions. SiacCrely,, NORTFI Al-C)O TRI-ANNII; -)ARD George Pe ;a. Chairman Artachment cc: Director of Public Wvrks Buiiding, Inspector Conservation Administrator Health Administrator Asse`iso—, °olice. {hlel Fire Chi::f Appli�a�}t Fn�ine::r File BAY-FIELD DEVELOPMENT CO. , INC. 242 NECK ROAD HAVERHILL, MA. SITE PLAN REVIEW MODIFICATION, SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. IAT 3A, NORTH ANDOVER BUSINESS PARK EXTENSION, UNITED PLASTICS The Planning Board makes the following findings regarding this Site Plan Review Application as required by section 8. 3 of the North Andover Zoning Bylaws: FINDINGS OF FACT: 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 with the adherence to the approved plans. 3 . The landscaping plan as shown meets the requirements of section 8.4 of the Zoning Bylaws, with the addition of the enclosed conditions. 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. Finally, the Planning Board finds that this proposal generally complies with the Town of North Andover Zoning Bylaw requirements as listed in section 8.35 but requires conditions in order to be fully in compliance. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Site Plan Review application before us, the Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to the issuance of a building permit: a. the applicant shall place erosion control measures on site as directed by the Town Planner. b. the North Andover Division of Public Works shall approve all plans. Any changes to the plans approved by the Planning Board . shall be reviewed by the Town Planner. Any changes which the Town Planner may deem as major shall be approved by the Planning Board. 2. Prior to a Certificate of Occupancy being issued: a. the building shall be equipped with an automatic fire sprinkler system per order North Andover Fire Department (M.G.L. Chapter 148 Sec. 26G. ) All fire suppression systems shall be in accordance with the rules and regulations of the NAFD. b. this site shall have received all necessary permits and approvals from the North Andover Board of Health. C. the site shall be reviewed by the Planning Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. d. All lighting found within the site shall be as approved by the Planning Board and shall not project into adjacent properties. The site be reviewed by the Planning Board. Any changes to the approved lighting plan as may be reasonably required by the Planning Board shall be made at the owners/applicants expense. e. A final As-Built plan showing location of all on site utilities, structures, curb cuts, parking spaces and drainage facilities be submitted to and approved by the Division of Public Works prior to the issuance of a Certificate of Occupancy. 3. Prior to Planning Board endorsement and filing with the Registry of deeds: a. all Planning Board conditions listed herein shall be placed upon the recorded final plan. 4. Prior to the issuance of any utility permits: a. a complete set of approved plans must be on file at the Division of ' Public Works. 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 6. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 7 . All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 8. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 9. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 10. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. il. 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 installation, shall be replaced by the owner. 12. All signs within the project shall be of wood, stone or metal, with uniform lettering and design. The signs shall in no way be interior illuminated. (Neon or other means) The applicant shall be required to have any final sign proposals reviewed by the Town Planner and shall apply to the Building Inspector for a sign permit. (Section 6. ZBL) 13 . A no cut line shall be established and approved by the Town Planner and Conservation Administrator. 14 . The operators of the proposed facility, United Plastics, shall contact the NAFD regarding notification and planning requirements of SARA Title III. The Planning Department shall require written notification from the NAFD that all SARA regulations have been met prior to the issuance of a Certificate of Occupancy. 15. The stone wall which extends from the southwest corner of the Ogan property shall be preserved to the fullest extent possible. Any part of the wall which is removed for the proposed construction shall be replaced along the perimeter of the cul-de-sac. 16. Any future expansion of the proposed 31,550 square foot structure shall be required to receive all necessary permits and approvals from the Town of North Andover. This site plan review approval is limited to the 31,550 square feet proposed, no approval for any expansion has been granted through this application. 17. The hydrologic analysis for the site shows a slight increase in the rate of runoff for the proposed scale of development vs. the projected Lot 3 flows in the original drainage calculations for the entire business park. The hydrology as proposed is acceptable, however, the applicant should understand that at final build-out conditions the flow from the entire business park must equal the rates proposed in the original drainage calculations. 1E. Show the size and type of pipe, and rim and invert elevations for the proposed sewer service connection. l9. The proposed sewer connection must comply with M.G.L. C.211 5.43 and 314 CMR 7.00. The applicant must also comply with the Greater Lawrence Sanitary District Rules and Regulations covering discharge of wastewater, drainage, substances or wastes. 20. Proper separation must be maintained between all proposed utility installations. 21. The location of fire service and domestic or process water services should be shown on the plan. 22. The water connections must comply with 310 CMR 22.22 and the Town of North Andover By-Law regarding installation of Backflow Prevention Devices. 23 . Any changes made to these plans by the Conservation Commission as allowed under Chapter 131 M.G.L. shall be reviewed by the Town Planner. Any changes which the Town Planner may deem as significant shall require that the applicant re-apply to the Planning Board for a modification to this Site Plan Review approval. 24. In an attempt to preserve the natural vegetation in the island located directly off the cul-de-sac a fluorescent snow fence shall be placed around its perimeter. This fence shall be maintained throughout construction. In the event that natural vegetation is damaged or removed the owner/applicant shall plant the island as reasonably required by the Town Planner. 25. All mechanical devices placed on the roof shall not be visible from the roadway. The Contractor doing the installation of these units shall contact the Planning Department prior to installation so as to insure compliance with this condition. 26. Materials used in the construction of the exterior facade shall be similar in style to what has been presented to the board. upon finalization of building plans and prior to the issuance of Building Permit the applicant shall review the proposed materials with the Town Planner to insure compliance with this condition. 27 . Regular truck traffic to the facility shall be limited to the hours of 5:00 a.m. to 11:00 p.m. . 28. Truck traffic shall be directed one way around the left side A , of the building. The following plans shall be deemed as part of the decision: Plans Entitled: Site Grading & Utilities United Plastics Lot 3B N.A.B.P. Extension North Andover, MA Prepared for: Bayfield Development Co. , Inc. 242 Neck Road Haverhill, MA Prepared by: Thomas E. Neve Associates, Inc. 447 Old Boston Road Topsfield, MA Sheets: L21-1, L3-1, Al-1 and A2-1 Date: Sept. 23, 1992; May 11, 1992 Scale: 1" = 40' cc: 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 UNITEDPLASTICS '= P�Anhl �6 BUAflO TOWN OF N011TIL ANDOTER MASSACHUSETTS Of HORiR ,�a 3?c Noy o � A Any anal shall be filed within (20)days after the ..... "E;5 �s Acwus data of filing of this Notice In the Office of the TOWn NOTICE OF DECISION Clerk. November 19, 1990 Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'y November 8 1990 Date of Bearing . . . . . . . . Petition Of Bayfield Development Comnanv. Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premiss affected , Lot� 3A.Willow Street. South.& Flagship Drive. . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . . . . .North M0?ygr.$4jW5g. Bypy.-.$esgiliigij 8:�. .-.sP}te.8;qq Peyipy . . . . . . . . so as to permit , ,the construction of� a� 30000 Esq ft, one, story,officefli. , , , manfacturing building . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the planning Board voted CONDITIONALLY t0 APPROVE. . . . . . . . . .the . . . . .SITE PLAN REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i cc: Director of Public works based upon the following conditions : Board of Public Works Highway Surveyor Building Inspector Conservation Commission Signed Board of Health . /0 Assessors .George•Pesnar .3r..• Chairmam• • • • . Police Chief Fire Chief John Simons, Clerk Applciant Engineer John Draper . . . . . . . . . . . . . . . . . . . . File Interested PArties Josevh.Mahony . . . . Richard Nardella E'lanning Boas. . OF�pT�1 OFFICES OF: d Town of 120 Main Street North Andover BUILDING• ;� _ NORTH ANDOVER Massachusetts 01845 CONSERVATION �.:;, �-.a HEALTH O^���sDIVISION OF (508)6826483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR November 14, 1990 Mr,. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re: Film Microelectronics Site Plan Review Dear Mr. Long: The North Andover Planning Board held a public hearing on November 8, 1990 in the Town Hall, Selectmen' s Meeting Room, upon the application of Bayfield Company, 242 Neck Road, Haverhill, HA, requesting site plan approval under Section 8.3 of the North Andover Zoning Bylaw. The public hearing was duly advertised in the North Andover Citizen on October 24 and October 31, 1990 and all parties of interest were properly notified. The following member were present and voting: George Perna, Chairman, John Simons, Clerk, John Draper, Joseph Mahoney, and Richard Nardella. The petitioner is requesting site plan approval for the construction of a 30,000 sq. ft. , one story office/light manufacturing building, on 6. 25 acres, more or less. The premises is located at Willow Street South and Flagship Drive in an Industrial-1 (I-1 ) Zoning District. John Simons read the legal notice to open the public hearing. Christian Huntress, Town Planner, stated that the application before the Board has been before the Technical Review Committee and was discussed at the last Planning Board Meeting. During that discussion the Board asked Chris to draft a set of conditions if favorable recommendations were received from all departments. Chris stated that he has received favorable recommendations from the Board of Health, the Fire Department and the Division of Public Works. All concerns received from the Board of Health, the Fire Department and the Division of Public Works have been incorporated in the draft conditions. Conservation has a discrepancy with the wetland delineation and is presently reviewing. Page 2: Jim Bourgeois, E.D.C. Corp, was present and introduced Tom Neve, Thomas E. Neve Associates, the engineer, Greg Leach, of Channel Building Company, Don King, Vice President of Manufacturing, Film Microelectronics, and Robert Webster, Bayfield Company. Also present were Mr. Santos of Kenics, an abutter and Bob Murray from the Trustees of the Reservation. Members of the Planning Board visited the site along with the Conservation Commission on Saturday November 3, 199e. Jim Bourgeois discussed the proposed development and its surroundings. Christian Huntress stated that any changes to the proposed development as the result of the Conservation Commission' s hearings will require the applicant return to the Planning Board. George Perna stated that he would prefer the mechanical of the building were not on the roof. Landscape plans were discussed as well as the lighting of the proposed. Plans to be provided. Lighting will be down cast, box type. Member of the Board expressed concerns of noise, lighting and odor. John Simons asked about the construction schedule. Jim Bourgeois summarized: 1 . rough grade on Flagship Drive extension before the and of this month; 2. foundation in the ground before the first of the year; 3. framing of the building through the winter months; 4. completion of the roadway when winter breaks; 5. scheduled occupancy is July. The binder will be done before occupancy possibility May or June. George Perna asked about loading docks. Jim Bourgeois stated that there will be one loading dock but the building is designed so that more could be added if needed. John Simons asked if the noise was loud with regard to the mechanicals of the building and if so, could it be muffled. Jim Bourgeois stated that adding another building does not increase the decibels. The Board expressed concerns about the type of material that would be used in the construction of the building. They do not want to see a metal building. The preference was split brick or something similar. Page 3: Landscaping will be reviewed by the Town Planner. The storing of chemicals on the site has been addressed by the Fire Department and fall under the SARA Title III requirements. Jim Bourgeois stated that he has been working with the Fire Department on this issue . George Perna asked for comments from the audience. The only comment was from the Trustees of the Reservation on the visual impact on the hiking trails, being minimal. A motion was made by John Simons to close the public hearing. The motion was seconded by Joseph Hahoney and voted unanimously by those present. A motion was made by John Simons to approve the conditions delineated in the draft decision and those discussed by amending the following by adding conditions: 1 . relating to the building facade; 2 . the mechanicals of the building 3. protecting trees in the front of the proposed; 4. amended Conditions 13, 14 and 3 of the draft. The motion was seconded by John Draper and voted unanimously by those present. Attached are those conditions. Sincerely, PLANNING BOARD � George Verna, Jr. , Chairman cc; Director of Public Works Board of Public Works Highways Surveyor Building Inspector Conservation Commission Board of Health Assessors Police Chief Fire Chief ief Applicant Engineer File BAYFIELD DEVELOPMENT CO. , INC. 242 NECK ROAD HAVERHILL, MA. SITE PLAN REVIEW APPROVAL, SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. LOT 3A, NORTH ANDOVER BUSINESS PARK EXTENSION, FILM MICROELECTRONICS The Planning Board makes the following findings regarding this Site Plan Review Application as required by section 8. 3 of the North Andover Zoning Bylaws: FINDINGS OF FACT: 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 with the adherence to the approved plans. 3. The landscaping plan as shown meets the requirements of section 8.4 of the Zoning Bylaws, with the addition of the enclosed conditions. 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. Finally, the Planning Board finds that this proposal generally complies with the Town of North Andover Zoning Bylaw requirements as listed in section 8.35 but requires conditions in order to be fully in compliance. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Site Plan Review application before us, the Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 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 issuance of a building permit the applicant shall place erosion control measures on site as directed by the Town Planner. 3. All Planning Board conditions listed herein shall be recorded with the Registry of Deeds by the applicant prior to the issuance of a building permit. A copy of the recorded conditions shall be delivered to the Planning Board and included in the file. 4 The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 6. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 9. The building shall be equipped with an automatic fire sprinkler system prior to the issuance of the Certificate of Occupancy, per order NAFD (M.G.L. Chapter 148 Sec. 26G. ) All fire suppression systems shall be in accordance with the rules and regulations of the NAFD. 10. Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 11. Prior to a Certificate of Occupancy being issued for the structure, the site shall be reviewed by the Planning Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. 12 . The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 13 . All lighting found within the site shall be as approved by the Planning Board and shall not project into adjacent properties. Prior to a Certificate of Occupancy being issued for the structure, the site shall be reviewed by the Planning Board. Any changes to the approved lighting plan as may be reasonably required by the Planning Board shall be made at the owners/applicants expense. 14 . All signs within the project shall be of wood, stone or metal, with uniform lettering and design. The signs shall in no way be interior illuminated. (Neon or other means) The applicant shall be required to have any final sign proposals reviewed by the Town Planner and shall apply to the Building Inspector for a sign permit. (Section 6. ZBL) 15. A final As-Built plan showing location of all on site utilities, structures, curbcuts, parking spaces and drainage facilities be submitted to and approved by the Division of Public Works prior to the issuance of a Certificate of Occupancy. 16. Prior to a Building Permit being issued the North Andover Division of Public Works shall approve all plans. Any changes to the plans approved by the Planning Board shall be reviewed by the Town Planner. Any changes which the Town Planner may deem as major shall be approved by the Planning Board. 17 . A no cut line shall be established and approved by the Town Planner and Conservation Administrator. 18. The operators of the proposed facility, Film Microelectronics, shall contact the NAFD regarding notification and planning requirements of SARA Title III. The Planning Department shall require written notification from the NAFD that all SARA regulations have been met prior to the issuance of a Certificate of Occupancy. 19. The stone wall which extends from the southwest corner of the Ogan property shall be preserved to the fullest extent possible. Any part of the wall which is removed for the proposed construction shall be replaced along the perimeter of the cul-de-sac. 20. Any future expansion of the proposed 30, 000 square foot structure shall be required to receive all necessary permits and approvals from the Town of North Andover. This site plan review approval is limited to the 30,000 square feet proposed, no approval for any expansion has been granted through this application. 21. The hydrologic analysis for the site shows a slight increase in the rate of runoff for the proposed scale of development vs. the projected Lot 3 flows in the original drainage calculations for the entire business park. The hydrology as proposed is acceptable, however, the applicant should understand that at final buildout conditions the flow from the entire business park must equal the rates proposed in the original drainage calculations. 22 . Show the size and type of pipe, and rim and invert elevations for the proposed sewer service connection. 23 . The proposed sewer connection must comply with M.G.L. C. 21, 5.43 and 314 CMR 7.00. The applicant must also comply with the Greater Lawrence Sanitary District Rules and Regulations covering discharge of wastewater, drainage, substances or wastes. 24. Proper separation must be maintained between all proposed utility installations. 25. The location of fire service and domestic or process water services should be shown on the plan. 26. The water connections must comply with 310 CMR 22.22 and the Town of North Andover By-Law regarding installation of Backflow Prevention Devices. 27 . A complete set of approved plans must be on file at the Division of Public Works prior to the issuance of any utility permits for the site. 28. Any changes made to these plans by the Conservation Commission as allowed under Chapter 131 M.G.L. shall be reviewed by the Town Planner. Any changes which the Town Planner may deem as significant shall require that the applicant re-apply to the Planning Board for modification to this Site Plan Review approval. 29. In an attempt to preserve the natural vegetation in the island located directly off the cul-de-sac a fluorescent snow fence shall be placed around its perimeter. This fence shall be maintained throughout construction. In the event that natural vegetation is damaged or removed the owner/applicant shall plant the island as reasonably required by the Town Planner. 310. All mechanical devices placed on the roof shall not be visible from the roadway. The Contractor doing the installation of these units shall contact the Planning Department prior to installation so as to insure compliance with this condition. 31. Materials used in the construction of the exterior facade shall be similar in style to what has been presented to the board. Upon finalization of building plans and prior to the issuance of Building Permit the applicant shall review the proposed materials with the Town Planner to insure compliance with this condition. The following plans shall be deemed as part of the decision: Plans Entitled: FILM MICROELECTRONICS lot 3A, N.A.B.P. Extension North Andover, MA Prepared for: Bayfield Development Co. , Inc. 242 Neck Road Haverhill, MA Prepared by: Thomas E. Neve Associates, Inc. EDC Engineering, Inc. 447 Old Boston Road Topsfield, MA Sheets: L1-1 through L4-1, and Al-1 Date: Oct. 26, 1990 Scale: 1" = 40' cc: 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 I Receiv-ed, by .Town Clerk : FORMA 3i�'F�t0�0 APPLICATION FOR ENDORSEMENT OF PLAN plttK BELIEVED NOT TO REQUIRE APPROVAL ` 16 � August 22 19 90 is To the Planning Board of the Town of North Andover: 3 i 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 , Salem Turnpike, Rte. 114 , aonr- a private way , namely, Berry Street being land bounded as follows : Easterly by Berry Street Southwesterly by Salem Turnpike - Rte. 114 Westerly by land of Bank Street Assoc. , Realty Northerly by land of Houghton Barnes . Schmaling & Ames 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Conforms to all Zoning By-laws of the Town of North Andover 3. Tide reference North Essex Deeds , Book 1918 Page 241 or Certificate of Title No . -- Registration Book -- Page -- Applicant' s Signature: Owner ' s signature and address if not kity N G�;,i- T7Zat the applicant : .4 G� (Print Name) Applicant ' s Address : `�° $,ctYPi�tL� Acr/ce.e p•,eE.vr a� i.�c. Tel. No. L 173-20o0 I Oversized Maps on file with the Town