The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - 23 ASH STREET 1 1 1 Yf{ T'FCEIVED o so RTH t..'RK's n?f r-!Y f a rtt� ,1M s. °i 2015NOY 16 API 9: 44 L. f i ,.- 4 TOWN fj 4,1%.4,..";;;I;4°, RTH ANDOVER ss4cHustMIRTH PLANNING DEPARTMENT Community Development Division Special Permit—Site Plan Review Application 1 Please type or print clearly. 1.Petitioner: EARTH WORKS INC. - DANNY GILL, PRESIDENT s` Petitioner's Address: 23 ASH STREET, NORTH ANDOVER, MA 01845 Telephone number: 978-265-7320 2.Owners of the Land: KEVIN & ELIZABETH MURPHY, TRUSTEES OF MURPHY FAMILY EDUC. TRUST Address: 169 BOXFORD STREET, NORTH ANDOVER, MA Number of years of ownership:PARCEL 1 SINCE 2005 (10 YRS) /PARCEL 2 SINCE 2009 (9 YRS) 3.Year lot was created: PARCEL 1 IN 1965/ PARCEL 2 IN 1972 i 4.Description of Proposed Project: The Petitioner is proposing to develop the Property as a mixed-use retail and business office commercial complex with accessory 1000 • .o - . .. Ow • .. II- ' 00- .. • . • • • S : one (1) two-story building with first f oor retail and first and second floor office space with a baseme.t level garage beneath and single level garage space on its north and north west facing sides; and one (1) standalone single level building with office space and indoor storage and parking. 5.Description of Premises:An oversized lot that is currently improved by a vacant single family home and garage. 6.Address of Property Being Affected: 2302 TURNPIKE STREET Zoning District: B-2 Assessors Map: 10 8A Lot#: 9 Registry of Deeds: Book#: 13760 Page#: 252 7.Existing Lot: Lot Area(Sq.Ft):152, 73 9 S .F. Building Height:NA(EXISTING STRUCTURES ARE BEING RAZED) Street Frontage:438 - 03 ' /4 2 2 . 3 6 ' Side Setbacks: NA Front Setback: NA Rear Setback: NA Floor Area Ratio: NA Lot Coverage: NA 8.Proposed Lot(if applicable): AFTER DEVELOPMENT Lot Area(Sq. Ft): 152, 739 S.F. Building Height: 34 ' 7 Street Frontage:4 3 8 . 0 3 ' /422 . 36 ' Side Setbacks: 116 ' Page 4 of 5 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 9/30/10 MANN&MANN,P.C. ' COUNSF LORSATL4W 2015 NOV 16 AM 9: 43 lac Eunntom Mmear• •i. I . 0. t- yR • . , .�;�� T1 August 31,2015 EARTH WORKS INC Attention: Danny Gill,President 23 Ash Street North Andover,MA 01845 • By Electronic Mail:earthworks300 @msn.com RE: FEE LETTER AGREEMENT Set forth below are the terms of an association between EARTH WORKS INC.of North Andover,MA(the'Theist"),and MANN&MANN,P.C.of Middleton,MA(the"M'). By signing this letter agreement,Client hereby hires the Firm as counsel to provide Client with legal services and advice in connection with Client's acquisition,permitting and redevelopment of the property located at 2302 Turnpike Street,North Andover,MA(the "Ernper4C"). Such legal services shall include drafting and negotiating a purchase and sale agreement for the Property,communicating with local officials and various board members for the Town of North Andover,preparing applications for zoning relief and site plan approval and appearing before various Town Boards including but not limited to the Planning Board and Conservation Commission. • 1. Rte. At the time of the signing of this Letter ement and before commencement of services,Client shall deliver to the Firm as a payment on account. Because of this partial payment,the Firm agrees to provi a legal services in connection with the above-matter and to keep the Client fully informed of all significant developments,and to send copies of relevant documents necessary to achieve that purpose. The payment received shall be applied against both the bills for the legal services ;! performed for the Client and the costs and disbursements,if any as described below. The Client understands and acknowledges that no legal representation,appearance,or preparation will begin in this matter until payment on account is paid in full 2. B ti ling a and Exn ne e Time charges for the services will be billed at the following hourly rates: (a) Partners'rates per hour; (b) Staff attorneys'rates per hour,and (c) Paralegal rates r hour. The time charges include but are not limited to meetings,public hearings,travel time, telephone conferences,telephone calls to and from the Client(all telephone calls are billed 191 South Main Street,Suite 104 Direct Bmail: filitmarulpc.cora Middleton,Massachusetts 01949 119421DAIN,KaNil om Telephone:978462-623S • SNUMaGmannpc.can c Pae:978762464 • laver Astweisant Earth Worms lac Page 2o12 at a minimum of one tenth(1/10)of an hour),office conferences,legal research,title research,due diligence and to attempt to identify and locate interested parties,review of file materials and documents sent or received,drafting of pleadings,documents, correspondence and memoranda and conferences. All costs incurred and out-of-pocket disbursements made by the Firm,including,but not limited to filing fees,travel expenses, legal research search fee,an administration fee for mailing and copying,charges for copies, and other incidental expenses will be billed to the Client The Firm agrees to obtain the Client's approval before incurring any single cost or disbursement in excess of 5500.00. 3. Invoicing. Invoices for services rendered and expenses incurred will be sent to Client on a monthly basis via electronic mail,unless otherwise specified. Included in the billing to Client will be a description of legal services performed,a detailed description • of the item for which services were performed and the amount of time spent on services as well as a description of all costs incurred. Payment is due and payable on receipt. Interim billing may be made in the event the charges exceed the initial payment on account All interim bills are due and payable on receipt Failure to pay interim bills promptly will permit the Firm,after notice to the Client,to terminate representation of the Client as permitted by applicable rules and law and after sixty(60)days accrue interest on the unpaid balance at a rate of twelve(12%)percent per annum. If at completion or on termination of legal services,the total of the invoices for services performed and expenses incurred is less than the amount of the payment on account,the balance will be refunded to the Client The undersigned acknowledge that they each have read this Letter Agreement and agree to its terms and have signed it as their free act and deed on this 26th day of August 2015. CLIENT: FIRM: EARTH WORKS INC. MANN&MANN,P.0 BY� 5611467.00t WZ IM Dann ill President and Treasure THIS IS A LEGALLY BINDING CONTRACT. ASK TO HAVE EACH TERM YOU DO NOT UNDERSTAND FULLY EXPLAINED TO YOU SO THAT YOU UNDERSTAND THE AGREEMENT YOU ARE MAKING. . f