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Miscellaneous - 623 OSGOOD STREET (2)
PHm Form RECEIVED a• "O,",'� ,"o TOY+'P! CLERK'S DffICE = 012 DEC 21 AM o. 57 e' TOyfn OF NORTH ANDOVER � 'ACNus` fiASSACHUaETfS PLANNING DEPARTMENT Community Development Division Form A - Application for APPROVAL NOT REQUIRED DATE: ee � Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant:Osgood Street Realty Trust Address:623 Osgood Street, North Andover, Massachusetts 01845 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: Approximately 16.4 acres of land located on north side of Osgood Street (Assessom Map 36, Lot which is locate entirely within the R-2 Zoning District. 3. Deed Reference: Book 10724 Page 120 or Certificate of Title: 4. Name of Surveyor: GA Consultants, Inc. Address: 17 Graf Road, wbury , MA 01950 Signature of Owner(s): - Address:John SmolakiTelsq., issafforneyforr Osgood Street Rdalty Trust Page 1 alt 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fox 97B.6BB.9542 Web www.townofnorthandover.com Edited 8/1/07 Please indicate the grounds(either A, B, C or D, not a combination)on which you beliwE8 not to be a subdivision. TOWN, CLERK'S OFFICE MA. Each lot on the plan meets one of the following criteria: 2012 DEC 24 AM 10: 03 1. Has the frontage, lot area,and lot width required under the Zoning By-law on: 10tilN L1: NORTH AHOOVEJ a)a public way,or MASSACHU�ET i S b)a way which the Town Clerk certifies is maintained&used as a public way, or XX c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds a the Land Court prior to the adoption of the Subdivision Control Law. OB. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b) labeled"Not A Building Lot". ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: 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 resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: v Dat rA/," /7 Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2.36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townchorlhandover.rom Edited 8/1/07 • a Town of North Andover P: "9 Office of the Planning DepartmenJ012 AUG 8 Fn 12: `8 } Community Development and Services Division, �,;• •+ 1600 Osgood Street - { 'T..CNY6 Fi{ North Andover,Massachusetts 01845 ' NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: August 7,2012 Date of Hearings: July 17,2012,August 7 2012 Date of Decision: August 7,2012 Application of: David Archambault of Network Building and Consultant, as agent for Sprint Spectrum, LP Premises Affected: 723 Osgood St. Map 35,Parcel 23 Referring to the above petition for a renewal and modification of a Wireless Special Permit according to the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority. So as to allow the renewal and modification of a Special Permit to continue to maintain and operate wireless communications equipment on an existing structure located at 723 Osgood Street. The Special Permit was originally granted by the North Andover Planning Board on November14,2001,with 2 renewals granted,the last of which was granted on Sept. 7,2010 . The modification consists of replacing three(3) antennas with three (3)new Antennas and six(6)Remote Radio Heads,the replacement of existing equipment and cables with new updated equipment and cables. Upon a motion by D. Kellogg and a 2nd by L. McSherry, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit, by a vote of 4 in favor and 0 against. 0 ehaQ of the Nory Andover Planning Board Richfrd Rowen Lynne Rudnicki Dave Kellogg Lora McSherry Sp ial Permit Rmewal Spml 773 Osgood St.August 7,2012 The Planning Board herein approves the renewal of the Special Permit to continue operation of the Wireless Communications Equipment,and the modification of that Special Permit on an existing structure located at 723 Chestnut St. The modification consists of replacing three(3)antennas with three (3)new Antennas and six (6)Remote Radio Heads,the replacement of existing equipment and cables with new updated equipment and cables.All proposed new equipment is similar in size and appearance to the existing equipment will not require additional space beyond the current leased area at this location. The renewal of the Special Permit was requested by David Archambault of Network Building and Consultant, as agent for Sprint Spectrum,LPs. This application and additional documentation as cited herein was filed with the Planning Boatel on June 5, 2012,with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3,and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9. The Planning Board finds that the applicant has met the following requirements of the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: a) The renewal and modification application meets the filing requirements of the Wireless Service Facilities By-law Section 8.9.12. The applicant has demonstrated that the proposed wireless facility will be in compliance with FCC regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated by the reports provided by the applicant, dated May 28, 2012, authored by EBI Consulting. The conclusion stated in the reports is that the applicant's proposed Wireless Facility installation will contribute a maximum RF exposure of less than 5%of the current Federal permissible exposure guidelines. b) The Site Compliance Report written by EBI Consulting and submitted by the applicant, along with a coverage map showing existing and proposed coverage were reviewed by the town's consulting RF engineer, Mark Hutchins. In a letter dated July 10, 2012, Mr. Hutchins stated that the measured levels of RF Emissions are within compliance with FCC guidelines and that the proposed modification will result in coverage improvement over a larger geographic area. c) In addition to the EBI Consulting RF Compliance Study, the applicant submitted a Noise Study from EBI Consulting, dated July 16, 2012. The study confirmed that the proposed modifications will be in compliance with the town's requirements for noise under section 8.9.4.e.iv of the town of North Andover Zoning Bylaw. d) The Federal Telecommunications Act of 1996 takes precedence over the North 2 Special Pe d Renewal Sprim 723 Osgood St.August],2012 Andover Zoning Bylaw. In the recent Essex County Superior Court case of Fournier, et a] v North Andover Planning Board et al the Plaintiffs'(neighbors of the wireless facility)challenge to this Board's action in granting a special permit was on the basis of a 600 foot setback provision in the zoning bylaw, and in dismissing that case,the Court was clear that the 600 foot setback did not control because the Court found that the Federal Telecommunications Act of 1996 "compelled" (the Court's word)this Board to grant the special permit. Similarly, in the context of this particular application where the applicant has filed satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction, if this Board were to deny the special permit here the Board would,in the words of the Federal Telecommunications Act of 1996,be taking actions that"prohibit or have the effect of prohibiting the provision of personal wireless services"and this Board has no intention of violating that federal law. e) The structural report by Vertical Solutions, dated June 12, submitted with the application indicated that the existing structure would require modification to be compliant with requirements for the proposed antennas. I) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met SPECIAL CONDITIONS: 1) Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in 3 Special Permit Renewal Sprint 723 Osgood St.August 7,2012 accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility in its condition before the installation, except that any landscaping and grading shall remain the after-condition. c) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six(6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment from the subject property within ninety days. 2) Upgrades: Any upgrades to the equipment to be installed on the tower would require a new structural report to be submitted to the Planning Board for review. 3) Annual Certification: a) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute, if required by those agencies, shall be filed with the SPGA by the Special Permit holder. 4) Term of Special Permit: a) Pursuant to Section 8.9.12.a of the Town of North Andover Zoning Bylaw, a Special Permit issued for this wireless service facility shall be valid for three (3) years from the date of the decision for the Special Permit renewal. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) Pursuant to Section 8.9.8.a of the Town of North Andover Zoning Bylaw, the applicant shall submit to the SPGA at annual intervals from the date of the decision for the Special Permit renewal, preexistent and current RF measurements. Such measurements shall be signed and certified by an RF engineer, stating that RF measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(5)(d)(vii) RF Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. If the applicant fails to comply with this requirement, the Special Permit will be revoked, until such time that the installation is brought into compliance with FCC Guidelines. c) Pursuant to Section 8.9.8.b of the Town of North Andover Zoning Bylaw, the applicant shall submit to the SPGA at annual intervals from the date of decision of 4 Special Permit Renmw Sprint M Osgood St.August],2012 the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 5) Prior to issuance of a Building Permit: a) A Structural Engineer must provide evidence that the modifications to the existing structure to correct the structural failures listed in the Structural Report issued by Vertical Solutions, dated June 12, 2012 and referenced herein, have been implemented. That evidence shall include a new structural report that is certified by the Structural Engineer. b) A bond in the amount of five thousand dollars ($5,000) shall be posted for the purpose of insuring that the applicant will file with the Planning Staff a food as- built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. c) A certified copy of the recorded decision must be submitted to the Planning Department. 6) Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 7) In an effort to reduce noise levels,the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 9) The following information shall be deemed part of the decision: a) Application Titled: Application for Special Permit—Site Plan Review 5 Special Permit Rmwel$prim 723 Osgood St.August 7,2012 David Archambault, as agent for Sprint Spectrum, LP 14 Hollywood Ave Narragansett, RI 02882 b) Documentation Submitted: 1 Special Permit Application 2 Supporting Statement submitted by Network Building&Consulting, dated May 18,2012 3 FCC Communications Commission Wireless Telecommunications Bureau Radio Station Authorization,dated Nov. 15, 2010 4 Certified Abutter's list 5 Photo locations(5 pictures),dated 5/11/ 6 Product date sheets(3 pages) 7 Letter of Authorization from Gregory P. Csaps, Collocation Project Manager Northeast, TowerCo Site NO: MA2010 8 Existing and Propose Indoor Reliable Coverage for BS54XC860 9 RF Engineering Affidavit submitted by Ryan Monte de Ramos, dated May 29, 2012 10 Radio Frequency-Electromagnetic Energy(RF-EME) Compliance Report, submitted by EBI Consulting, dated May 28, 2012 11 Environmental Noise Assessment Report, Submitted by EBI Consulting dated July 16,2012 12 Structural Analysis, submitted by Vertical Solutions, dated June 12,2012 13 Plan: Titled: Sprint Vision Site Number: BS54XC860 Site Name: Stevens Estate Site Address: 723 Osgood Street,North Andover, MA 01845 Date: 2/27/12,rev. 5/7/12 Sheets: T-1, GN-1,C-1,A-1,A-2,A-3,A-4, S-19 E-1 6 Special Permit Renewal Sp. 723 Osgood St August 7,2012 CC: Abutters Applicant 7 77CElVED pORTN U'; EFK'� OFr�C �° • �° Town of North Andover 3 a Office of the Planning Department 2012 AUG -S PM 12: 51 r ,•,•` Community Development and Services Division 7, 3, •.n=•:;r 1600 Osgood Street I� P,TH :;r`,�:i North Andover,Massachusetts 01545 ti^S5:'. NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of Sling this notice in the office of the Town Clerk. Date: August 7,2012 Date of Hearings:July 17,2012,August 7 2012 Date of Decision: August 7,2012 Application of: David Archambault of Network Building and Consultant, as agent for Sprint Spectrum, LP Premises Affected: 723 Osgood St. Map 35,Parcel 23 Referring to the above petition for a renewal and modification of a Wireless Special Permit according to the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority. So as to allow the renewal and modification-of a Special Pem»t to continue to maintain and operate wireless communications equipment on an existing structure located at 723 Osgood Street. The Special Permit was originally granted by the North Andover Planning Board on November14,2001,with 2 renewals granted,the last of which was granted on Sept. 7,2010 . The modification consists of replacing three(3) antennas with three(3)new Antennas and six(6)Remote Radio Heads,the replacement of existing equipment and cables with new updated equipment and cables. Upon a motion by D. Kellogg and a 2vd by L. McSherry, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit,by a vote of 4 in favor and 0 against. O ehalf of the NorjN Andover Planning Board Rich id Rowen Lynne Rudnicki Dave Kellogg Lora McSheny Sp%IaIF=dt R..aI Spfi t 923 Osgood A August 9.2012 Andover Zoning Bylaw. In the recent Essex County Superior Court case of Fournier, et al v North Andover Planning Board.et al..the Plaintiffs' (neighbors of the wireless facility)challenge to this Board's action in granting a special permit was on the basis of a 600 foot setback provision in the zoning bylaw,and in dismissing that case,the Court was clear that the 600 foot setback did not control because the Court found that the Federal Telecommunications Act of 1996 "compelled" (the Court's word)this Board to grant the special permit. Similarly, in the context of this particular application where the applicant has filed satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction,if this Board were to deny the special permit here the Board would,in the words of the Federal Telecommunications Act of 1996,be taking actions that"prohibit or have the effect of prohibiting the provision of personal wireless services"and this Board has no intention of violating that federal law. e) The structural report by Vertical Solutions, dated June 12, submitted with the application indicated that the existing structure would require modification to be compliant with requirements for the proposed antennas. f) Finally the Planning Board finds that this project generally cemplies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDTPIONS: 1) Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in 3 Special Permit Renewal Sprint 723 0s900d St August 7,2012 the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. (1) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 5) Prior to issuance of a Building Permit: a) A Structural Engineer must provide evidence that the modifications to the existing structure to correct the structural failures listed in the Structural Report issued by Vertical Solutions, dated June 12, 2012 and referenced herein, have been implemented. That evidence shall include a new structural report that is certified by the Structural Engineer. b) A bond in the amount of five thousand dollars ($5,000) shall be posted for the purpose of insuring that the applicant will file with the Planning Staff a final as- built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. c) A certified copy of the recorded decision must be submitted to the Planning Department. 6) Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 7) ]n an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 9) The following information shall be deemed part of the decision: a) Application Titled: Application for Special Permit—Site Plan Review 5 Special Permit Renewal Sprint • 723 OS9.d St August 7,2012 CC: Abutters Applicant 7 I-7CEIVED poerx TC'-L! ' f.FRKS OFF!Cc ^+, Town of North Andover Office of the Planning Department 1011 AUG -S P1112: 57 +` Community Development and Services Division �;m;.,.:•^","[ 1600Osgood Street dMNYSC (iD.i S r�.1. North Andover,Massachusetts 01845 ' NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: August 7,2012 Date of Hearings:July 17,2012,August 7 2012 Date of Decision: August 7,2012 Application of: David Archambault of Network Building and Consultant, as agent for Sprint Spectrum, LP Premises Affected: 723 Osgood St Map 35,Parcel 23 Referring to the above petition for a renewal and modification of a Wireless Special Permit according to the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority. So as to allow the renewal and modificationof a Special Permit to continue to maintain and operate wireless communications equipment on an existing structure located at 723 Osgood Street. The Special Permit was originally granted by the North Andover Planning Board on Novemberl4,2001,with 2 renewals granted,the last of which was granted on Sept. 7,2010 . The modification consists of replacing three(3)antennas with three(3)new Antennas and six(6)Remote Radio Heads,the replacement of existing equipment and cables with new updated equipment and cables. Upon a motion by D. Kellogg and a 2v0 by L. McSheny, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit,by a vote of 4 in favor and 0 against. OVbehalf of the Nor Andover Planning Board Rich d Rowen Lynne Rudnicki Dave Kellogg Lora McSherry special Permit Renewal Sprint 723 Osgood A August 7,2012 Andover Zoning Bylaw. In the recent Essex County Superior Court case of Fournier,et al. v.North Andover Planning Board&LAL the Plaintiffs(neighbors of the wireless facility)challenge to this Board's action in granting a special permit was on the basis of a 600 foot setback provision in the zoning bylaw,and in dismissing that case,the Court was clear that the 600 foot setback did not control because the Court found that the Federal Telecommunications Act of 1996 "compelled"(the Court's word)this Board to grant the special permit. Similarly, in the context of this particular application where the applicant has filed satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction, if this Board were to deny the special permit here the Board would,in the words of the Federal Telecommunications Act of 1996,be taking actions that"prohibit or have the effect of prohibiting the provision of personal wireless services"and this Board has no intention of violating that federal law. e) The structural report by Vertical Solutions, dated June 12, submitted with the application indicated that the existing structure would require modification to be compliant with requirements for the proposed antennas. f) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1) Discontinuance Abandonment a) At such time that a licensed carver plans to abandon or disconfinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in 3 Special Permit Rmewal Sprint 723 Osgood St August 7,2012 the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer,stating that noise measurements are accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 5) Prior to issuance of a Building Permit: a) A Structural Engineer must provide evidence that the modifications to the existing structure to correct the structural failures listed in the Structural Report issued by Vertical Solutions, dated June 12, 2012 and referenced herein, have been implemented. That evidence shall include a new structural report that is certified by the Structural Engineer. b) A bond in the amount of five thousand dollars ($5,000) shall be posted for the purpose of insuring that the applicant will file with the Planning Staff a final as- built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. c) A certified copy of the recorded decision must be submitted to the Planning Department. 6) Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 7) In an effort to reduce noise levels,the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 9) The following information shall be deemed part of the decision: a) Application Titled: Application for Special Permit—Site Plan Review 5 Special Permit Renewal Sprint 723 Osgood St.August 7,2012 CC: Abutters Applicant 7 TC'r 'F-R!; s o r r Town of North Andover P 212 dUG -8 PF 1257 Office of the Planning Department Community Development and Services Division lis 1600 Osgood Street North Andover,Massachusetts 01845 NOTICE OF DECISION Any appeal shag be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: August 7,2012 Date of Hearings: July 17,2012,August 7 2012 Date of Decision: August 7,2012 Application of: David Archambault of Network Building and Consultant, as agent for Sprint Spectrum, LP Premises Affected: 723 Osgood St. Map 35, Parcel 23 Referring to the above petition for a renewal and modification of a Wireless Special Permit according to the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority. So as to allow the renewal and modificationof a Special Permit to continue to maintain and operate wireless communications equipment on an existing structure located at 723 Osgood Street. The Special Permit was originally granted by the North Andover Planning Board on Novemberl4,2001,with 2 renewals granted,the last of which was granted on Sept.7,2010 . The modification consists of replacing three(3)antennas with three(3)new Antennas and six (6)Remote Radio Heads,the replacement of existing equipment and cables with new updated equipment and cables. Upon a motion by D. Kellogg and a 2nd by L. McSheny, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit,by a vote of 4 in favor and 0 against. Y ^fOZ/ O ehslf of the Nor ndover Planning Board Rich rd Rowen Lynne Rudnicki Dave Kellogg Lora McSherry Special Permit Renewal Sprint 723 Osgood St.August 7,2012 Andover Zoning Bylaw. In the recent Essex County Superior Court case of Founder et al v North Andover Planning Board.et al..the Plaintiffs' (neighbors of the wireless facility)challenge to this Board's action in granting a special permit was on the basis of a 600 foot setback provision in the zoning bylaw, and in dismissing that case,the Court was clear that the 600 foot setback did not control because the Court found that the Federal Telecommunications Act of 1996 "compelled"(the Court's word)this Board to grant the special permit. Similarly, in the context of this particular application where the applicant has filed satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction,if this Board were to deny the special permit here the Board would,in the words of the Federal Telecommunications Act of 1996,be taking actions that"prohibit or have the effect of prohibiting the provision of personal wireless services"and this Board has no intention of violating that federal law. e) The structural report by Vertical Solutions, dated June 12, submitted with the application indicated that the existing structure would require modification to be compliant with requirements for the proposed antennas. f) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDMONS: 1) Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in 3 Special Remit Renewal Spina 723 Osgaa d a August 7,2012 the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer,stating that noise measurements are accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 5) Prior to issuance of a Building Permit: a)- A Structural Engineer most provide evidence that the modifications to the existing structure to correct the structural failures listed in the Structural Report issued by Vertical Solutions, dated June 12, 2012 and referenced herein, have been implemented. That evidence shall include a new structural report that is certified by the Structural Engineer. b) A bond in the amount of five thousand dollars ($5,000) shall be posted for the purpose of insuring that the applicant will file with the Planning Staff a final as- built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. c) A certified copy of the recorded decision must he submitted to the Planning Department. 6) Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 7) In an effort to reduce noise levels,the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 9) The following information shall be deemed part of the decision: a) Application Titled: Application for Special Permit—Site Plan Review 5 Special Permit Remwsl Sprint 723 Osgood St.August7,2012 CC: Abutters Applicant 7 iCEIVED O� yORTM� TC",I. v'.EUS or'Flcr 3, ;• ^ ;•., Town of North Andover e a Office of the Planning Department 2017 AUG -S P1112: 51 Community Development and Services Division Ti:; 1600 Osgood Street NCPIIi ,"tR'0!'", North Andover,Massachusetts 01845 tiflSSA';111I' rI NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: August 7,2012 Date of Hearings:July 17,2012,August 7 2012 Date of Decision: August 7,2012 Application of: David Archambault of Network Building and Consultant, as agent for Sprint Spectrum, LP Premises Affected: 723 Osgood SL Map 35,Parcel 23 Referring to the above petition for a renewal and modification of a Wireless Special Permit according to the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority. So as to allow the renewal and modificationof a Special Permit to continue to maintain and operate wireless communications equipment on an existing structure located at 723 Osgood Street. The Special Permit was originally granted by the North Andover Planning Board on Novemberl4,2001,with 2 renewals granted,the last of which was granted on Sept. 7,2010 . The modification consists of replacing three(3)antennas with three(3)new Antennas and six(6)Remote Radio Heads,the replacement of existing equipment and cables with new updated equipment and cables. Upon a motion by D. Kellogg and a 2nd by L. McSherry, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit, by a vote of 4 in favor and 0 against. Oehallf of the No?(Andover Planning Board Rich d Rowen Lynne Rudnicki Dave Kellogg Lora McSherry Spaial Pu it Rem W Spri 773 Osgood St August 7,2012 Andover Zoning Bylaw.In the recent Essex County Superior Court case of Fournier et al v North Andover Planning Board.et al..the Plaintiffs' (neighbors of the wireless facility)challenge to this Board's action in granting a special permit was on the basis of a 600 foot setback provision in the zoning bylaw,and in dismissing that case,the Court was clear that the 600 foot setback did not control because the Court found that the Federal Telecommunications Act of 1996 "compelled" (the Court's word)this Board to grant the special permit. Similarly, in the context of this particular application where the applicant has filed satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction, if this Board were to deny the special permit here the Board would,in the words of the Federal Telecommunications Act of 1996,be taking actions that"prohibit or have the effect of prohibiting the provision of personal wireless services"and this Board has no intention of violating that federal law. e) The structural report by Vertical Solutions, dated June 12, submitted with the application indicated that the existing structure would require modification to be compliant with requirements for the proposed antennas. I) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL.CONDITIONS: 1) Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in 3 �: {{ I: �' Spwisl Permit Renews)Sprint 723 Osgood St August 7,2012 the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 5) Prior to issuance of a Building Permit: a)- A Structural Engineer must provide evidence that the modifications to the existing structure to correct the structural failures listed in the Structural Report issued by Vertical Solutions, dated June 12, 2012 and referenced herein, have been implemented. That evidence shall include a new structural report that is certified by the Structural Engineer. b) A bond in the amount of five thousand dollars ($5,000) shall be posted for the purpose of insuring that the applicant will file with the Planning Staff a final as- built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. c) A certified copy of the recorded decision must be submitted to the Planning Department. 6) Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 7) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 9) The following information shall be deemed part of the decision: a) Application Titled: Application for Special Permit—Site Plan Review 5 Special Permit Renewal Sprint 723 Osgood St.August 7,7012 CC: Abutters Applicant 7 ` -�CENED pORTN TCS;.-: iJ CFI\ S Ci!'F!Cr °'• " +"° Town of North Andover e� a Office of the Planning Department 2012 AUG -8 PM 12: 57 Community Development and Services Division ia`;•,•> ,,+ 1600 Osgood Street i RTH : rt)C„ a+causs` , North Andover,Massachusetts 01845 NOTICE OF DECISION Any appeal shag be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: August 7,2012 Date of Hearings: July 17,2012,August 7 2012 Date of Decision: August 7,2012 Application of: David Archambault of Network Building and Consultant, as agent for Sprint Spectrum, LP Premises Affected: 723 Osgood St Map 35,Parcel 23 Referring to the above petition for a renewal and modification of a Wireless Special Permit according to the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority. So as to allow the renewal and modification.of a Special Permit to continue to maintain and operate wireless communications equipment on an existing structure located at 723 Osgood Street. The Special Permit was originally granted by the North Andover Planning Board on Novemberl4,2001,with 2 renewals granted, the last of which was granted on Sept. 7,2010 . The modification consists of replacing three(3)antennas with three(3)new Antennas and six(6)Remote Radio Heads,the replacement of existing equipment and cables with new updated equipment and cables. Upon a motion by D. Kellogg and a 2nd by L. McSheny, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit, by a vote of 4 in favor and 0 against. O ehalf orthe Norj1 Andover Planning Board Richlrd Rowen Lynne Rudnicki Dave Kellogg Lora McShemy Special Permit Renewal Sprint 723 Osgood St.Anson 7,2012 Andover Zoning Bylaw.In the recent Essex County Superior Court case of Fournier,et al v North Andover Planning Board.et al.,the Plaintiffs' (neighbors of the wireless facility)challenge to this Board's action in granting a special permit was on the basis of a 600 foot setback provision in the zoning bylaw,and in dismissing that case,the Court was clear that the 600 foot setback did not control because the Court found that the Federal Telecommunications Act of 1996 "compelled"(the Court's word)this Board to grant the special permit. Similarly, in the context of this particular application where the applicant has filed satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction,if this Board were to deny the special permit here the Board would,in the words of the Federal Telecommunications Act of 1996,be taking actions that"prohibit or have the effect of prohibiting the provision of personal wireless services"and this Board has no intention of violating that federal law. e) The structural report by Vertical Solutions, dated June 12, submitted with the application indicated that the existing structure would require modification to be compliant with requirements for the proposed antennas. t) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL.CONDITIONS: 1) Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in 3 Spmial Permit Renewal Spnnt 723 nsgood SL August 7,2012 the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 5) Prior to issuance of a Building Permit: a) A Structural Engineer must provide evidence that the modifications to the existing structure to correct the structural failures listed in the Structural Report issued by Vertical Solutions, dated June 12, 2012 and referenced herein, have been implemented. That evidence shall include a new structural report that is certified by the Structural Engineer. b) A bond in the amount of five thousand dollars ($5,000) shall be posted for the purpose of insuring that the applicant will file with the Planning Staff a final as- built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. c) A certified copy of the recorded decision must be submitted to the Planning Department. 6) Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 7) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 9) The following information shall be deemed part of the decision: a) Application Titled: Application for Special Permit—Site Plan Review 5 Special Permit Renewal Sprint 723 Osgood St,August 7,2012 CC: Abutters Applicant 7 •SCEIVED d NORiM�ry TO'^.• C:•_ EF?;'S OFFICE Town of North Andover p012 AUG -8 PtS 12 57 a Office of the Planning Department i Community Development and Services Division T, 1600 Osgood Street NCRTI1 ;,1;0;i` . North Andover,Massachusetts 01845 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk Date: August 7,2012 Date of Hearings: July 17,2012,August 7 2012 Date of Decision: August 7,2012 Application of: David Archambault of Network Building and Consultant, as agent for Sprint Spectrum, LP Premises Affected: 723 Osgood St Map 35,Parcel 23 Referring to the above petition for a renewal and modification of a Wireless Special Permit according to the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority. So as to allow the renewal and modification.of a Special Permit to continue to maintain and operate wireless communications equipment on an existing structure located at 723 Osgood Street The Special Permit was originally granted by the North Andover Planning Board on Novemberl4,2001,with 2 renewals granted,the last of which was granted on Sept. 7,2010 . The modification consists of replacing three(3)antennas with three(3)new Antennas and six(6)Remote Radio Heads,the replacement of existing equipment and cables with new updated equipment and cables. Upon a motion by D. Kellogg and a 2nd by L. McSheny, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit, by a vote of 4 in favor and 0 against. -z-'j fpm/ O ehalf of the Nor Andover Planning Board Rich rd Rowen Lynne Rudnicki Dave Kellogg Lora McSherry Special Pana Renewal Sprint 723 Osgood St.Augur 7,2012 Andover Zoning Bylaw.In the recent Essex County Superior Court case of Fournier, et al. v.North Andover Planning Board.et al.,the Plaintiffs'(neighbors of the wireless facility)challenge to this Board's action in granting a special permit was on the basis of a 600 foot setback provision in the zoning bylaw,and in dismissing that case,the Court was clear that the 600 foot setback did not control because the Court found that the Federal Telecommunications Act of 1996 "compelled"(the Court's word)this Board to grant the special permit. Similarly, in the context of this particular application where the applicant has filed satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction, if this Board were to deny the special permit here the Board would,in the words of the Federal Telecommunications Act of 1996,be taking actions that"prohibit or have the effect of prohibiting the provision of personal wireless services"and this Board has no intention of violating that federal law. - e) The structural report by Vertical Solutions, dated June 12, submitted with the application indicated that the existing structure would require modification to be compliant with requirements for the proposed antennas. f) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDMONS: 1) Discontinuance Abandonment a) At such time that a licensed tamer plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the tamer within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in 3 spWial Permit Renewal sprint 723 Osgood Sc August 7,2012 the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements sball be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 5) Prior to issuance of a Building Permit: a) A Structural Engineer must provide evidence that the modifications to the existing structure to correct the structural failures listed in the Structural Report issued by Vertical Solutions, dated June 12, 2012 and referenced herein, have been implemented. That evidence shall include a new structural report that is certified by the Structural Engineer. b) A bond in the amount of five thousand dollars ($5,000) shall be posted for the purpose of insuring that the applicant will file with the Planning Staff a final as- built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. c) A certified copy of the recorded decision must be submitted to the Planning Department. 6) Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 7) In an effort to reduce noise levels,the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 9) The following information shall be deemed part of the decision: a) Application Titled: Application for Special Permit—Site Plan Review 5 Spmial Perm it Renewal Sprint 773 Osgood St.August 7,2012 CC: Abutters Applicant 7 Deed Retrieval Services RE: DEED RETRIEVAL SERVICES nter 1776'1 lment Street PW 9's Floor I�IIIIIIIIIIIIIIIIIIIIIIIII1111till llllll111111 lllll111111111 Washington,DC 20006 Not a Government Agency CODE 38296 8888354460 Dear Property Owner, Enclosed is a copy of your requested Grant Deed and Property Profile. Please store these documents in a safe and secure place. Attached 1: Deed Attached 2: Property Profile Regards, Deed Retrieval Services o — M m - m N N ^t c, 4'l N Deed Retrieval Services 1776 I Street NW 9o'Floor Washington,DC 20006 Bk 13284 P915O 038849 12-28-2012 & O2Z05v Esser North keOstrr DEED / George W.Ousler,III and Deanna M.Ousler,Trustees of Osgood Street Realty Trust,under Declaration of Trost dated March 23, 2007, a certificate for which is recorded herewith, with a mailing address at 623 Osgood Street,North Andover,Massachusetts,("Grantor")for cotvaidemtion paid and in full consideration of One Million Three Hundred Thirty Five Thousand Dollars "5 ($1,335,000.00)grants to the umbitants of the Town of North Mdover,a Massachusetts municipal d corporation ("Grantee"), with QUITCLAIM COVENANTS, the real property in North Andover, Essex County,Massachusetts,described as follows: C— Lot 2 containing 87,120 square feet,more or less,and Lot 3 containing 503,282 square fec, more or less, as shown on "ANI Plan of Land, 623 Osgood Street, North Andover, Massachusetts," dated December 20, 2012, Owner and Applicant Osgood Street Realty Trust, 623 Osgood Street, North Andover, MA, drawn by GA Consultants, Inc., Newburyport,MA("Plan'). r'1 Reserving to the Grantor,its successors and assigns,the fee in the ares shown as"Road A N 32,339 S.E." on the Plan (the "Roadway"); provided however that the Grantor grants to the Grantee, and its successors and assigns a permanent easement to pass and re-pass over the Roadway,for the purpose of access to and egress from Lot 2 and Lot 3. Reserving an easement to the Grantor,its successors and assigns, u4 ova and under Lot 3 for the purpose of maintenance, repair and repleoenent of existing underground private water lines,gas lines or any other utilities("Existing Utility Lines'),in such locations 0 the Existing Utility Lines presently exist and within ten(10)feet to each tide of such presently existing location of the said Existing Utility Lines(such area,being twenty feet in width and centered by the Existing Utility Lines, is hereafter referred to as the "Existing Utility Easement Area"),with the right of access over Lot 3 and the right to cut,prune and maintain such Existing Utility Easement Area, as reasonably necessary for maintenance, repair and replacement thereof. For further reference to the location of the Existing Utility Lines see Plan No. 7803 recorded with said Deeds,along with Easement of Lawrance Gas&Electric Company,dated Novernba 12, 1932,and recorded with said Deeds in Book 568,Page 18. Also reserving an easement to the Grantor,its successors and assigns,in an area extending twenty feet from the Roadway, running ring adjacent to and along the northwestely border of Ulmlrt rrve44AA s� o ,oaaean:.,1 -46 sl-o^ MA oz)! A-#ti (µo LA C&f WI #4 Bk 13284 Pg151 #38849 the Roadway from Osgood Street to Lot 1 (the "Future Utility Fasement Area'), for purposes of iostallm& maintaining, repairing, replacing and relocating underground utility services, including without limitation sewer, water, electric, gas, telephone, cable or my other underground conduits or utilities,it being the intention that any new utilities shall be installed in the Future Utility Easement Area and in the event that the Grantor,its successors or assigns shalt seek to abandon the use of any existing utility lines in the said Existing Utility Easement Area, then such utilities shall be relocated to the Future Utility Easement Area. The Grantor and its successors and assign shall have the obhgation to maintain and repair the private water lines and utilities within the Existing Utility Easement Area and the For= Utility Easement Area and which serve Lot I as shown on the Plan, Prior to commencing any work in the Existing Utility Easement Area or Future Utility Easement Area, the Grantor shall give prior notice to the Grantee through the Town Engineer within Department of Public Works. The Grantor, its successors and assigns shall undertake to minimize any disturbance and shall restore the condition of the land and landscape following any disturbance thereof. Any work completed or performed by the Grantor in the Existing Utility Easement Area or Future Utility Easement Area shall be completed in accordance with all applicable laws and in accordance with the odes and regulations of the Conservation Commission of the Town of North Andover,to the extent applicable. Further, such easements over the Existing Utility Easement Area and Future Utility Easement Area are reserved subject to the obligation of the Grantor, or its successors in title as the case may be,to defend(but only in the case of any action filed against the Grantee by a third party and not in the case of any action initiated by the Grantee), indemnify and save harmless Grantee and its officers, agents, employees and contractors and the successors and assigns of each of them,from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments or administrative actions (including any and all attorneys' fees and expenses of Grantee),arising or resulting from(1)any act or omission of Grantor and its agents or contractors, and (2) the violation or alleged violation or failure of Grantor and its agents or contractors to comply with any applicable state, federal or local law, regulation, or requirement affecting the Existing Utility Easement Area or Future Utility Easement Area and the work being performed therein. The Grantor shall have the right to defend any such Claims with counsel of its choosing. This conveyance is also subject to and with the benefit of easemerds,covenants,restrictions and reservations of record, if any, only insofar as the same are now in farce and applicable including but not limited to the Declaration of Restrictions of the Grantor recorded herewith. Said real property is hereby conveyed to Grantee to be managed and controlled by the Conservation Commission of the Town of North Andover,Massachusetts for the promotion and development of the natural resources and for the protection of the watershed resources of and in accordance with the Town of North Andover. For title reference see deed recorded at Book 10724,Page 120. loow,Drn;ml Bk 13284 Pg152 #38849 WITNESS the execution hereof under seal this day of December,2012. Osgood Strcd Realty Trust G .Ousler,M,Trustee P�, Deana M.Ousla,Trustee Commonwealth of Massachusetts Essex,as. On this JjT day of December, 2012, before me, the undersigned notary public, personally appeared George W. Ousler, III and Deanna M. Ousla proved to me through satisfactory evidence of identification, which was ut ati*M IjLeylsCl , to be the person whose name is signed on the preceding document in my presence and acknowledged to me that helshe signed it voluntarily for its stated purpose. Notary Public riot name) _ Myoommissio pires: �? y 6�2as- p BRIAN 3.VAUGHAN NWery P�ENo CeraJOaa'EnliX Ora198lJ:XUSErrt MY Commlpian Fap'A July 9.ails (omewnvxl Bk 13284 P9153 #38849 ACCEPTANCE BY TOWN OF NORTH ANDOVER BOARD OF SELECTMEN The Town of North Andover,Massachusetts, acting by and through its Board of Selectmen, accepts the foregoing conveyance to said Town. Chairman Commonwealth of Massachusetts Essex,U. December 27,2012 On this 27th day of December,2012,before me,the undersigned notary public,personally jt o1 11 ( ed tome through satisfactory evidence of idenUUcadon,which �tg to be the persons whose names are signed ontheprecedmg document in my liresence and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public/(print name) T My commission expires: 'C)9(` . 1:��� SAY) •. cg�,inRwpeMxN�un.A � {NpIWaM14xbrtViloyvtlr�, , u lISl111Mfx,iiu laid lfllFLNIFI ds Bk 13284 Pg154 #38849 ACCEPTANCE BY TOWN OF NORTH ANDOVER CONSERVATION COMMISSION The Town of North Andover, Massachusetts, acting by and though its Conservation Commission, accepts the foregoing conveyance to said Town. Chad n Commonwealth of Massachusetts Essex sa. December 27,2012 On thi9-QQ day of lber,2012,before me,the undersigned notary public,personally appeared hu proved, m�e through satisfactory evidence of identification,which was ptepersonwhosenameissignedontheprecedingdocumentin my presence and acknowledged to me that he signed it voluntarily for its stated purpose. Notary public/(print name) My commission expires: �Dt• . tS' `a.�\�� KARBI Ams norax nnc mwnr,�a>xwanshcna WCa m.a nDMf42M 'OM"W4 .rpzn.oitvueur.uzz�au..rzunn . • rsx„za.n,..w.izm�zl(wmMs,e (0006o3s9m)16 NORTH ANDOVEWR TOWN PROPERTY PROFILE 623 OSGOOD ST,NORTH ANDOVER,MA 01846-1937 us Ce Tract: 2532.03 County: ESSEX MA Ce Property Use: Single Family Residential Zoning: R2 Parcel Number: NAND 14:00036 8:000041-:00000 Thomas Bros Pg-Grid: r Owner Name: NORTH ANDOVEWR TOWN Recording Data: 12/28/2012 Care Of Name: Mailing Address: 623 OSGOOD ST, NORTH ANDOVER, MA 01845-1937 Assessment Year: 2012 Market Value Year: Tax Rate Code Area: Assd Land Value: $342,200 Market Land Value: Tax Year: 2012 TAssd improvement:otal Assessed Value: $15 95,B Market Improvirnent Value: liAmount:l Tax $18,038.00 OTotal Assessor Market Value: Delinquent Year: Assesses Name: OUSLER ST RT Tax Account ID: Mailing Address: 623 OSGOOD ST Homeownees Exemption: NORTH ANDOVER,MA 01846-1937 Tax Exemptions: City/Muni/Twp: NORTH ANDOVER Pro�erty Characteristics: Lot Size: 16.34 AC Bedrooms: 5 Pool: Building Area: 5,810 SF Baths: 4 Fireplace: 2 Year Built: 1983 Partial Baths: 1 Type Const: Concrete Number of 9 Ext Walls: Wood Siding Number of Buildings: 2 Rooms: Number of Units: Garage Type: Heating: Steam Number of A/C: Number of Stories: 2 Care; Conventional Basement: Roof Cover: Style: Foundation: Elevator: r - Recording Date: 12/28/2012 Sales Price: $1,335,000 Document#: 00000003BK-PG: 13284-150 Type of Sale: Full Amount on Deed Contract Date: Document Type: Deed Multi APN Flag: Buyer Names: NORTH ANDOVEWR TOWN Buyer Vesting Care of Name: Mailing Address:N/A, , - Seller Name:OSGOOD STREET RT, ; OUSLER,GEORLGEE Woan�oun[: N/A Mortgage Doc#: interest Rate: Lender Name: Loan Type: 2nd loan Amt: N/A Type Financing: Legal Description: City/Muni/Twp: NORTH ANDOVER Prior Transfer Recording Date: 04/24/2007 Sales Price: $1 Document#: 1358G4BK-PG: 10724-120 Type of Sale: Full Amount on Deed Contract Date: Document Type: Deed Multi APN Flag: Buyer Names: OUSLER JR TR, GEORGE W; Buyer Vesting OUSLER, DEANNA M Care of Name: Mailing Address:N/A, , - Seller Name:OUSLER JR, GEORGE W; OUSLER, DEANNA M Mortgage Doc#: Loan Amount: N/A Lender Name: Interest Rate: Loan Type: 2nd Loan Amt: N/A Type Financing: Legal DescrlPtiorl: City/Muni/Twp: NORTH ANDOVER Recording Date, 06/08/1990 Loan Amount: $115,000 Document#: Loan Type: Contract Data: Type Finance: TD Due Data: Interest Rate: Borrower Name:OUSLER JR,GEORGE W Vesting Type: Lender Name:RONALD A MARVIN 2ND Lender Type:Private Party(individual) Legal Description: Prio Transfer Recording Date: 12/02/1985 Sales Price: N/A Per Assessor Transaction Document#: BK-PG: 2089 -226 Type of Sale: History Contract Date: Document Type: N/A Multi APN Flag: Buyer Names: OUSLER ST RT Buyer Vesting Trust Care of Name: Mailing Address:623 OSGOOD ST, NORTH ANDOVER, MA 01845-1937 Seller Name:N/A Mortgage Doc#: Loan Amount: N/A Lender Name: N/A Interest Rate: Loan Type: 2nd Loan Amt: N/A Type Financing: Legal Description: City/Muni/Twp: NORTH ANDOVER Total Area Sales $5,075,500 Median #of Bedrooms 2 Median Lot Size 8,930 SF Median # of Baths 2 Median Living Area 1,536 SF Median Year Built 1970 Price Range-2 Yrs $135,000 to$620,000 Age Range 19 years to 93 years Median Value $268,500 Median Age 43 years Proxim.Address Dut. H,YB 1• .44MI. 51 MOODY ST 12/14/2012$210,000$103 2038 6/3/3• 195013,068 SF NORTH ANDOVER,MA 01845-1713 APN: NAND M:00081 8:00001 L:00000 Document#: 00000003 Document Type:Deed Price Code: D Contract Data: Land Use: Single Family Residential Legal Abbreviated Descciption:City/Muni/Twp:NORTH ANDOVER City/Munl/Twp:NORTH ANDOVER Buyer Name: NORTH BIRCH PROPS LLC Seller Name: MAGOON RUTH EST AND MAGOON, RICHARD Loan Amount: Lender Name: Stories:2+e Extenor.S 2 .5BMi. 74 PROSPER ST 08/3112012$325,000$194 1669 6/3/1 19309,148 SF NORTH ANDOVER,MA 01845-1719 APN: NAND M:00080 8:00019 L:00000 Document#: 00000002 Document Type:Deed Price Code: D Contract Data: Land Use: Single Family Residential Legal Abbreviated Descnption:City/Munl/rwp:NORTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: SOOHOO,CLAUDIA J AND OLEARY, BENJAMIN A Seller Name: SWAN, PATRICK J AND SWAN,JENNIFER L Loan Amount: $292,500 Lender Name:ROLLSTONE BK 8 TR Stodes:2+B Exterior.S 3 .29Mi. 864 CHICKER3NG RD 08/10/2012$342,000$141 2410 7/4/2 195920,473 SF NORTH ANDOVER,MA 01845-1912 APN: NAND M:00091 B:00007 L:00000 Document#: 00000002 Document Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Description:City/Muni/Twp:NORTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: HENTZ 3RD, MARK J AND HENTZ, MAUREEN C Seller Name: WHITE, PATRICIA A Loan Amount: $328,932 Lender Name:CMBANK NA Stories:2+B Exterior:R 4 .69MI. 56 MILLPOND 07/27/2012$230,000$143 1598 5/2/2 19763,049 SF NORTH ANDOVER, MA 01845-2903 APN: NAND M:00095 B:A0056 L:00000 Document#: 00000002 Document Type:Deed Price Code: D Contact Date: Land Use: Single Family Residential Legal Abbreviated Description:City/Munl/rwp:NORTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: KELLY, KRISTEN Seller Name: DUTIE,WILSON J Loan Amount: $184,000 Lender Name:RESIDENTIAL MTG SVCS Stones:2 Extenor:R 5 .7214i. 68 MILLPOND 04/30/2012$302,000$173 1736 5/2/2 197618,295 SF NORTH ANDOVER,MA 01845-2902 APN: NAND M:00095 B:A0068 L:00000 Document#: 00000001 Document Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Descnptlon:City/Muni/Twp:NORTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: YORK, DONNA L Seller Name: BURKE,CATHERINE E Loan Amount: $241,600 Lender Name:CENTURY BANK&TRUST CO Stones:2 Extenor:G 6 .56Mi. AVE ENTWORTH 04/18/2012$295,000$268 1098 8/4/2 1972 8,276 SF NORTH ANDOVER,MA 01845-1723 APN: NAND 4:00080 8:00033 L:00000 Document#: 00000010 Document Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Description:City/Muni/Twp:NORTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: KASHAMBALA,MANDA Seller Name: CAHOON,ROY W AND CAHOON, MARYANN M Loan Amount: $287,521 Lender Name:GUARANTEED RATE INC Stories:l+B Exterior:S 7 .53Mi. CHICKERING RD 22 04/18/2012$157,000$132 1188 5/2/2 1968 3,049 SF NORTH ANDOVER, MA 01845-2815 APN: NAND 4:00084 B:00032 L:00000 Document#: 00000001 Document Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Description:City/Muni/Twp:NORTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: KRUEGER,RONALD A AND KRUEGER,VERMIN K Seller Name: NEWMAN,SCOTT D AND NEWMAN, LISA B Loan Amount: $97,000 Lender Name:NORTHMARK BANK Stories:2+B Exterior:B 8 .68141. 16 MILL POND 03/16/2012$232,000$170 1364 5/2/2 1975 3,920 SF NORTH ANDOVER,MA 01845-2903 APN: NAND M:00095 B:A0016 L:00000 Document#: 00000000 Document Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Description:City/Muni/Twp:NORTH ANDOVER City/MunVTwp:NORTH ANDOVER Buyer Name: MICHAUD,JASON L AND MICHAUD, ROBYN E Seller Name: GIANGRECO, LISA Loan Amount: $220,400 Lender Name:GREENPARK MTG CORP StoHes:2+B Exterior:R 9 .32141. 24 STACY DR 02/24/2012$221,500$146 1516 6/2/1 1980 8,712 SF NORTH ANDOVER,MA 01845-1832 APN: NAND M:00091 8:00020 L:00000 Document#: 00000000 Document Type:Deed Price Code: D Comma Date: Land Use: Single Family Residential Legal Abbreviated Description:City/Muni/Twp:NORTH ANDOVER City/MUni/TWp:NORTH ANDOVER Buyer Name: JOHNSTON,ANDREA L Seller Name: MELIA KATHLEEN E EST AND MELIA, EDWARD G Loan Amount: $177,200 Lender Name:SOVEREIGN BANK Stories:2+B Exterior:R 10 .74Mi. 5738 OSGOOD 01/31/2012$400,000$214 1868 7/4/1 192028,314 SF NORTH ANDOVER, 14A 01845-1503 APN: NAND 14:00035 8:000191-:00000 Document#: 00000000 Dooument Type:Deed Price Code: D Contract Data: Land Use: Single Family Residential Legal Abbreviated Descriptlon:City/MUni/TWp:NDRTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: JFJ HOLDINGS LLC Seller Name: CHEPULLIS,WILLIAM N Loan Amount: Lender Name: Stories:2+8 Exterionit 11 .74Mi. 11 CAMDEN ST 01/27/2012$235,000$159 1477 5/2/1 1940 7,841 SF NORTH ANDOVER,MA 01845-2803 APN: NAND M:00085 B:00021 L:D0000 Document#: 00000000 Document Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Description:City/MUni/TWp:NORTH ANDOVER City/Muni/TWP:NORTH ANDOVER Buyer Name: ZARZOUR, DEBORAH M Seller Name: NARDONE, LAURA Loan Amount: $211,500 Lender Name:FIRST FSL BOSTON StoHes:2+B Exterior: 12 .72Mi. 7711 ELMCREST 01/18/2012$265,000$187 1415 5/2/1 196115,246 SF NORTH ANDOVER,MA 01845-2631 APN: NAND M:00055 8:00028 L:oi7000 Document#: 00000000 Document Type:Deed Price Code: D Contract Data: Land Use: Single Family Residential Legal Abbreviated Description:City/Muni/rwp:NORTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: TAVANO, MARK C - Seller Name: PROCISSI,STEPHEN I AND BURSTAD,CHARLENE A Loan Amount: Lender Name: Stories:I+B Exterior:S 13 .72111. 50 MILLPOND 12/20/2011$300,000$192 1556 5/2/2 1976 4,356 SF NORTH ANDOVER,MA 01845-2903 APN: NAND M:00095 B:A0050 L:00000 Document#: 00000003 DOCnment Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Description:Clty/Muni/rwp:NORTH ANDOVER City/Muni/rwp:NORTH ANDOVER Buyer Name: BURGETT, SHOSHANA C Seller Name: AMORE,THERESA M Loan Amount: $240,000 Lender Name:QUICKEN LOANS INC Stories:2 Exterior:R 14 .73Mi. 222PLEASANT 10131/2011$224,D00$191 1172 5/2/1 196010,454 SF ST NORTH ANDOVER, MA 01845-2826 APN: NAND 14:00085 8:00005 L:00000 Document#: 00000010 Document Type:Deed Price Cade: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Descriptlon:Clty/Muni/Twp:NORTH ANDOVER City/MUni/TWp:NORTH ANDOVER Buyer Name: BAGARELLA, DAVID J Seller Name: MIRANDA,JOHN T AND MCLEOD, MARY E lean Amount: Lender Name: Stories:1 Exterior:S 15 .5114'. 630 10/20/2011$135,000$93 1442 5/2/1 19683,049 SF CHICKERING RD NORTH ANDOVER,MA 01845-2815 APN: NAND M:00083 8:00025 L:00000 Document#: 00000002 Document Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential - Legal Abbreviated Descriptlon:City/Muni/rwp:NORTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: CHEN, KE-CHUN Seller Name: CRAWLEY,JOHN R Loan Amount: $81,000 Lender Name:LEADER BANK NA Stories:2+B Extenor:B 16 .72Mi. 6MILLP0ND 09/30/2011$272,000$171 1583 5/2/2 19763,049 SF NORTH ANDOVER,MA 01845-2903 APN: NAND M:00095 B:A0006 L:00000 Document#: 00000002 Document Type:Deed Price Code: D Contract Data: Land Use: Single Family Residential Legal Abbreviated Description:City/Muni/TWp:NORTH ANDOVER City/Muni/TWp:NORTH ANDOVER Buyer Name: CONTRADA,JOSEPH G AND CONTRADA,COLLEEN S Seller Name: CUNNINGHAM, LINDA A AND CICCONE,ARTHUR J Loan Amount: $80,000 Lender Name:MORTGAGE FNCL SVCSINC Stories:2+B Extenor:R 17 .63ML 19 SURREY DR 09/16/2011$310,000$250 1236 6/3/1 197418,731 SF NORTH ANDOVER, MA 01845-1817 APN: NANO M:00074 8:00046 L:00000 Document#: 00000002 Document Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Description:Clty/Muni/Twp:NORTH ANDOVER City/Muni/Twp:NORTH ANDOVER Buyer Name: GLYNN,TIMOTHY AND GLYNN,JULIE Seller Name: QUINN, ROBERT M AND QUINN,JANET R Loan Amount: $279,000 Lender Name:MORTGAGE FNCL SVCSINC Stories:1+B Exterior:R 43,560.17 18 .40Mi. 49B OSGOOD ST 08/31/2011$620,000$221 2793 7/4/2 1994 SF NORTH ANDOVER,NMA 01845-1930 APN: NAND M:00102 8:00002 L:00000 Document#: 00000002 Document Type:Deed Price Code: D Contract Date: Land Use: Single Family Residential Legal Abbreviated Descnptlon:City/Muni/Twp:NORTH ANDOVER City/Muni/TWP:NORTH ANDOVER Buyer Name: MURPHY, PHILIP E AND MURPHY,VIRGINIA B Seller Name: GRAOVAC, DANIEL M AND SCHOONMAN, BARBARA J Loan Amount: $417,000 Lender Name:SOVEREIGN BANK FSB Stones:2+B Exterior:R %Distrlbution5sles forTwo Years 8� $100,OD13160,000 � N50,001-R00,06D O 3200,0013250,OOD 52500D733D0,000 O S300.OD1-$350,000 $950,tb13400,000 0013700.17 The Subject Property Information report will provide all the information available to us from public records for the address listed above. In addition to any recent sales data and mortgage Information, it will include, where available,the physical characteristic of the property. Information regarding the physical characteristics of a given property,such as living area,year built, bedrooms baths,etc... and previous sales information are obtained from public record and reported as is. As such,they will vary in content and completeness from county to county and state to state. Further,such Information has not been verified by this service through site inspection and may be subject to errors due to building additions or deletions or any other changes as well as inaccurate reporting by previous owners,agents or the public agency. Assessment Cluster The following are the Tax Assessment for the 15 closest residential properties to the identified subject. The assessed value for each identified property may or may not be representative of the market value, or have the same tax ratios subject to local tax law. Recording Assessor Assessed I Lot Proxim.Address M Pool lues Values 0 623OSGOOD 12/02/1985 $1,295,800 5,810 9/5/4 198316 AC ST 07 553 OSGOOD 04/13/2010 $771,100 4,164 10/4/3 1999 1 A 08 567 OSGOOD 08/30/2002 $755,100 4,040 9/4/2 2000 1 AC .09 561 OSGOOD 06/25/1999 $699,100 3,463 8/4/2 1999 1 AC 12 665 OSGOOD 08/10/1998 $701,700 3,982 9/5/5 1932 4 A ST .15 576 OSGOOD 10/03/2002 $331,100 1,126 7/4/1 1900 1 A .15 576 OSGOOD 10/03/2002 $563,100 3,970 9/5/4 1900 2 A .15 592 OSGOOD 08/30/1996 $431,000 2,226 6/3/2 1850 1 AC ST .16 565 OSGOOD 01/22/2008 $759,900 5,074 10/5/6 1900 2 A .16 5T6 OSGOOD 03/10/1983 $307,700 787 4/1/1 1979 1 AC 17 568 OSGOOD 09/29/1993 $754,600 4,565 9/4/2 1988 1AC .18 5T OSGOOD 06/24/1994 $624,500 3,028 9/4/2 1994 1 AC .19 S8T 6OSGOOD 08/11/2008 $688,500 3,744 10/4/3 1996 3 A .19 STD OSGOOD 11/23/2001 $802,400 3,960 9/5/6 1900 1 AC 21 9T PRESCOTT 05/12/2003 $336,400 1,638 6/3/1 1962 37 897 $F The Subject Property of 623 OSGOOD ST, NORTH ANDOVER, MA 01845-1937 is in Zone X and is considered to be OUT of the Special Flood Hazard Area (SFHA). AN AREA THAT IS DETERMINED TO BE OUTSIDE THE 1% AND 0.2%ANNUAL CHANCE FLOODPLAINS. The flood information contained in this report was obtained from maps provided by the Federal Emergency Management Agency (FEMA). Whenever possible we will report if the subject property is inside or outside of a 100 year Flood Hazard Area.These areas are defined as areas that have a one percent(1%)chance in any given year of being affected by a significant Flood. The Flood information contained in this report is merely a preliminary review intended to provide the buyer, seller or agent guidance and general proximity of the subject property in relation to the 100 years flood hazard area.The buyer should obtain exact specific information from the seller or agent nor to me zin his decision r ardin the urchase of a iven ro e 1. wiffiYE Mill- :k4 a 3� i •OC Town of North Andover Office of the Planning Department P(978)688-9535 Community Development and Services Division F(978)688-9542 1600 Osgood Street Building 20, Suite 2-36 North Andover,Massachusetts 01845 LEGAL NOTICE NORTH ANDOVER PLANNING BOARD In accordance with the provisions of M.G.L. Chapter 40-A, Section 11,the North Andover Planning Board will hold Public Hearingps as follows: Purpose of Public Hearings: 1. Application for Frontage Exception Special Permit under Sections 7.2.2 and 10.31 of the North Andover Zoning Bylaw. Applicant proposes creation of three(3)lots out of the existing Premises,of which Lot 1 is the subject of the Special Permit.The Premises is located in the Residential 2(R-2)Zoning District. 2. Application for Definitive Subdivision Approval in accordance with MGL Chapter 41, Sections 81-0, 81-T and 81-13 to subdivide Map 36 Lot 4 into three lots where no new residential dwellings would be constructed on the Premises located within the R-2 Zoning District. ApplicantlPetitioner: Osgood Street Realty Trust 623 Osgood Street North Andover,MA 01845 Address of Premises Affected 623 Osgood Street,North Andover MA 01845 Assessors Map and Lot Ma 36 Lot 4 Public Hearing Date&Time Tuesday,November 20,2012 Q 7:OOPM Location of Public Hearing Town Hall 120 Main Street 2nd Floor Conference Room North Andover,MA 01845 Information Available A copy of the plan and application are on file in the Planning Board office at 1600 Osgood Street,North Andover,MA,and may be ins ected during regular business hours. Advertised on November 6 and November 13,2012 All interested persons may appear and be heard.Persons needing special accommodations and I or those interested in viewing the application materials should contact the North Andover Planning Department at(978)688-9535. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HFALTH688-9540 PLANNING 688-9535 Ot NORTH A o m t- , n RECEIVED it * TOYIN C!ERK'S OFFICE 1012 DEC -3 PM 4: 06 'SSACHUSE� TOWN OF MASSACHUOSETTS PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover,Massachusetts,01845 Decision—Definitive Subdivision Plan Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: November 20,2012 Date of Hearing: November 20,2012 Date of Decision: November 20,2012 Petition of: Osgood Street Realty Trust 623 Osgood Street North Andover,MA 01845 Premises Affected: 623 Osgood Street Assessors Map 36,Parcel Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements of the North Andover Subdivision Rules and Regulations, so m to create a 3-lot subdivision, including the creation of a Right-of-Way(ROW)to provide frontage for the existing home located on Lot 1,and to create two lots which will be owned by the town of North Andover and retained as open space through a Conservation Restriction in the R-2 Zoning District. After a public hearing given on the above dates, and upon a motion R. Rowen and 2° by L. McSherty to APPROVE the Application for a Definitive Subdivision Plan,as amended,and based upon the following conditions.A vote of 6-0 was made in favor of the applicatio . behalf of the NqAh Andover Planning Board John Simons,Chau Richard Rowen Michael Colantoni Dave Kellogg Lynne Rudnicki Lora McSherry {00058592;x1)1 Ousler Property,623 Osgood St. Map 36,Parcel4 The Planning Board herein APPROVES the Application for a Definitive Subdivision so as to create a 3-lot subdivision at 623 Osgood St, Map 36, Parcel 14, including the creation of a ROW to provide frontage for the existing home located on Lot 1,and to create two lots which will be owned by the town of North Andover and retained as open space through a Conservation Restriction in the R-2 Zoning District, Map 36,Parcel 4. The application was filed with the Planning Board on October 31, 2012. The public hearing on the above referenced application was opened on November 20,2012,and closed by the North Andover Planning Board on November 20,2012. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section N of the Town of North Andover Rules and Regulations Governing the Subdivision of Land. The Planning Board makes the following findings as required by section 5.6 of the North Andover Rules and Regulations Governing the Subdivision of Land: FINDINGS OF FACT: In accordance with Section 5.6 of the North Andover Zoning Rules and Regulations Governing the Subdivision of Land the Planning Board makes the following findings: A. The Definitive Subdivision Plan dated November 14,2012 is both substantially complete and technically adequate,except as amended herein. B. The Plan shows a lot layout that depicts the creation of three lots,two of which have frontage on a new cul-de-sac, with the remaining lot having frontage on Osgood Street and each of which is at least 43,560 sq. ft. in area and 150 ft. of frontage. The Plan thus conforms to all applicable zoning requirements. C. The Planning Board finds that the proposed Definitive Subdivision Plan showing the existing driveway to provide adequate access to the existing dwelling unit on Lot 1 is in keeping with the character of the neighborhood. D. The ROW depicted on the Definitive Plan reduces danger to life and limb in the operation of motor vehicles. E. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway will provide adequate access for emergency situations. F. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground utility services, fire, police and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision. G. The Definitive Plan conforms to the design and construction standards described in the Subdivision Rules and Regulations,with the exceptions of waivers granted in Waivers(2). Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: A. The "Locus" refers to the approximately 16.34 acre parcel of land with land fronting on Osgood Street as shown on a portion of Assessors Map 36, Parcel 4, and also known as 623 Osgood Street,North Andover, Massachusetts. 2 Ouster Property,623 Osgood St. Map 36,Parcel B. The "Plans" refer to the plans prepared by GA Consultants, Inc., 17 Graf Road, Newburyport, MA OI950, titled "Definitive Subdivision Plan of Land 623 Osgood Street North Andover, Massachusetts",located in North Andover,Mass,submitted by applicant Osgood Street Realty Trust 623 Osgood Street,North Andover,MA. C. The "Project' or "623 Osgood Street" refers to the creation of a 3-lot subdivision, including the creation of a ROW to provide frontage for the existing home located on Lot 1, and to create two lots which will be owned by the town of North Andover and retained as open space through the recording of a Conservation Restriction in the R-2 Zoning District. D. The"Applicant'refers to Osgood Street Realty Trust,the applicant for the Definitive Subdivision Plan Approval. E. The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant, developer,and owner. F. The Right-of-Way or ROW refers to the cul-de-sac that is shown on the Plan as "ROAD A 32,339 S.F." 2) Waivers The following waivers are hereby granted to provide legal access and frontage for the dwelling unit on lot I and to facilitate the conveyance of Lots 2 and 3 to the town of North Andover as Open Space. The waivers are requested with the understanding and agreement of the applicant that no construction is proposed,no road will be constructed and no construction will be permitted on Lot 2 and Lot 3. The waivers are consistent with the intent and purpose of the Subdivision Control Law and the granting of the waivers are in the public interest since the Plan will facilitate the conveyance of property to the town,thus preserving open space. The granting of the waivers will also facilitate the creation of legal frontage for Lot 1. A. Section 5.1.4 Fees, Section 5.1.5 Site Evaluation Statement and Section 5.1.9 Construction Schedule. Since the application is designed to facilitate a transfer of land to the town,application fees can be waived and since there will not be any construction,a construction schedule is unnecessary. B. Section 5.2 Plan Form and Contents.Waive requirement for plan form and content except as shown on the Plan submitted with the application. Since there will be no construction,a detailed plan is not required. C. Section 5.2.5.3 Grading, Drainage and Utility Plan Since there will be no construction,a detailed Grading,Drainage and Utility Plan is not required. D. Section 5.2.6 Test Data. Since there will be no construction, soil test data is not required. E. Section 5.3 Stormwater Management Report. Since there will be no construction,a Stormwater Management Plan will not be required. F. Section 5.4 Environmental and Community hnpwt Statement. Due to the relatively small size of the subdivision,submission of Environmental and Community Impact Analysis are not required. G. Section 5.14 As-Built Plans. Since there will be no construction,as-built plan will not be required. H. Section 6.Requirements for Improvement,Design and Roadway Construction—Since there will be no roadway constructed,this waiver includes: a. Waiver from specifications for roadway construction referenced in Section 6 and in Appendices I through IV,since no roadway will be constructed. 3 Ouster Property,623 Osgood St. Map 36,Parcel b. Waiver from design standards applicable to roadway construction. c. Waiver from curbing,sidewalks,fire hydrants,alternative municipal water supply,street trees,street signs and street lighting. The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent and purpose of the Subdivision Control Law and the Rules and Regulations and such waivers are hereby granted. With respect to those waivers concerning development standards above, the Planning Board also makes a finding, in accordance with Section 2.7.4 of the Subdivision Regulations, that the waived requirements will not result in an adverse impact for the areas adjacent to the land shown on the Plan, and is consistent with the Board's objectives of maintaining open space. 3) PRIOR TO ENDORSEMENT OF THE PLAN Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: A. The Subdivision Decision must be recorded with the Essex North District Registry of Deeds. B. A covenant (FORM 1) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon a vote of the Planning Board to release the lots,as stated under"PRIOR TO LOTS BEING RELEASED FROM THE STAUTORY COVENANTS". C. A notation must be placed on the plan noting that the ROW is considered a private driveway, not a public road. D. Deed restrictions must be placed on Lots 1, 2 and 3 regarding the fact that the private ROW will never be maintained by the Town and that it will never be accepted as a public road. E. Deed restrictions must be placed on all lots stating that there will be no further subdivision of the lots. F. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. G. Easement documents and deed restrictions must be submitted and reviewed and approved by Town Counsel and the Town Engineer prior to recording. All easements and restrictions shall remain in perpetuity. 4) PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS The applicant must submit a lot release(FORM J)to the Planning Board for signature. 5) ADDITIONAL CONDITIONS A. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. B. Any action by a Town Board, Commission, or Department,which requires changes in the plan or design of the building, as presented to the Planning Board,may be subject to modification by the Planning Board. C. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. D. The town reserves the right to access the ROW, as depicted on the Plan. The terms of this access shall be described in the respective deeds for each lot. 4 Ouster Properly,623 Osgood St. Map 36,Parcel E. The applicant must convey Lots 2 and 3 to the Town of North Andover prior to December 31, 2012 or this approval shall expire and be deemed revoked, unless otherwise agreed to by the Planning Board and the applicant. Lots 2 and 3 shall never be buildable lots. Upon taking ownership of Lots 2 and 3,the town of North Andover will permanently restrict development of Lots 2 and 3 through a Conservation Restriction. F. This decision shall expire on December 31, 2012 unless Lots 2 and 3 have been conveyed to the Town of North Andover, unless otherwise agreed to by the town of North Andover and the properly owner. G. In consideration of the approval of the Plan, there is to be no further extension of ROW. This restriction is to be documented in the respective deeds for each lot in the subdivision. H. The applicant/Owner shall retain ownership of the ROW shown on the Plan and shall be responsible for maintenance and repair of the ROW. The applicant shall grant the Town of North Andover an easement over the ROW for purposes of access to Lot 2 and Lot 3, upon terms and conditions approved by the Board of Selectmen.. Alternatively,with the approval of the Board of Selectmen,the Owner may convey title to the proposed ROW as shown on the Plan to the Town, subject to the Owner's reserved rights of access to the ROW and the Owner's obligation to maintain and repair the ROW. In the event that ownership of the ROW is conveyed to the Town, terms and conditions concerning ROW ownership and rights and obligations concerning the same shall be approved by the Board of Selectmen and shall be contained within the deed to the Town and/or the Conservation Restriction. 1. The applicant, its successors and assigns shall be responsible for maintenance and repair of the private water lines in Lots 1,2,3 and in the ROW serving Lot 1, and shall retain an easement and other rights in Lots 2 and 3 for utility line maintenance and repair which shall be contained within the deed to the Town and/or the Conservation Restriction . J. The ROW,as shown on the Plan,shall not be constructed.At the time of conveyance of Lot 2 and Lot 3 to the Town,the applicant shall record a Restriction in perpetuity which shall provide that the ROW will never be constructed, but the existing driveway may be used, repaired and maintained for uses permitted on Lot 1. Plan titled: "Definitive Subdivision Plan of Land 623 Osgood Street North Andover, Massachusetts" Prepared for: Osgood Street Realty Trust 623 Osgood Street North Andover,MA 01845 Prepared by: GA Consultants,Inc. 17 Graf Road Newburyport,MA 01950 Scale: 1"=50' Date: November 8,2012,revised on November 14,2012 Sheets: I Sheet cc: Town Departments 5 Ousler Property,623 Osgood St. Map 36,Parcel 4 Applicant Engineer Abutters Assessor 6 2012 OCT 31 AM 9 37 ;�w'TACNw5t�4' i t_ ,� 4" NORfH 4 PLANNING DEPARTMENT MASS At" Community Development Division Form C - APPLICATION FOR DEFINITIVE SUBDIVISON APPROVAL Received; Town of North Andover Town Clerk(Date Stamp) Stamp three(3)forms with the Town Clerk. File one(1)copy with the Town Clerk and two(2)with the Planning Department. To the Planning Board: The undersigned, being an applicant under Chapter 41, 81-0, 81-T, 81-U, MGL,for approval of a proposed subdivision plan,hereby submits a Definitive Plan and makes application for approval to the North Andover Planning Board: The undersigned hereby applies for the approval of said Definitive plan by the Board, and in furtherance thereof hereby agrees to abided 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: a. To install the utilities in accordance with the rules and regulations of the Planning Board, Department of Public Works, the Board of Health, and all general as well as zoning by-laws of said Town,as are applicable to the installation of utilities with the utilities within the limits of ways and streets; It. To complete and construct the street or ways and other improvements shown thereon in accordance with Section V and VI of the Rules and Regulations of the Planning Board, including all Appendices(I-VI)and Figures(1-27), and the approved Definitive plan,profiles and cross-sections of the same. Said plan, 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 agreements herein shall be binding upon all heirs,executors, administrators,successors,grantees of the whole or part of said land,and assigns of the undersigned; and C. To complete the aforesaid installations and construction within two(2)years from the date hereof. Page 3 of 6 1600 Osgood Street,North Andover,gldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 fox 978.688.9542 Web www.townofnorthandover.com Edited 9/27/2010 f. Name of Applicant: /I s&ooD STQE67— 7RE-ALT y T??t).S T Address: (oa3 05600D S-)- ,UO. A44e1Y/s Signature of Applicant: ./ ��iir,.l..l� vs IXeY/J/a s er5yw�jr�/fPrrf 2.Name of Subdivision: 'TB.D 3.Location and Description of Property[include Assessor's Map&Lot and Zoning District(s)]- tiiv e 's a ro Atle1 4. r s M 3b lof v 3nfA on d 4 t 9a e - rrwt k°nS + . 1 r5 +a re 10 ✓e n e ro D 3ayv( To"Y1 o LSIrOtf wi �Tunela aola Tetvn Bleefi 11o+E 12nc( rva�l-r7A JEpen sµ2(p. 4.Address of Property Being Affected: 1.,13 r,,.e otxt aS+fyefi Zoning District: .4 Assessors: Map#: 3 Co Lot# 'y 5.Deed Reference: Book l� Page O and Certificate of Title No. 6. Name of Surveyor/Engineer. �J-o I n IV, 442 rgrea✓e S�"Tf , -P. E- q Robed-M,&fxiss o, PLS Address: 6-A_ CO 19� I+an+s-� SAC., 1'1 bra¢ Rcace;)IJ4,[ t,r &tt-AnA-otq 50 Easements and Restrictions of Record(Describe and Include Deed References) SW 6,44MIlea Plan 7. Preliminary Plan Submitted? MIA ;Plan Approved? ;Date: Signature of Owner(s):�Ai1 J71hA0Ce i. Rw R f tlrneir ea! -7W5f Address:&23 058 vmd S}., Ate,Andovel– Al Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official Receiving this Application: Page 4 of 6 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townoinorthondover.com Edhed 9/27/2010 �i f f f F \ °M b • • wr� mn ®. nr Rlrwn.•�im ®. s .� •� t• ...m. wANR'h FRONTAGE EXCEON ti „e SPECIAL PERMIT PLAN ntwvmrrm nwcm R. A3NCOLTR� MA$$RCM•S , SACH N• USEIIS SNCCI I 0( I tiv¢r.r(RLrYi�W v GA CONSULlANiS, INC.— RECEIVED EO TON' CLERK'S OFFfrc Town of North Andover pp�ppEC -6Office of the Planning Department PM 12t 56 Community Development and Services Division TOWN OF 1600 Osgood Street NORTH ANDOVER North Andover, Massachusetts 01845 MASSACHUSETTS NOTICE OF DECISION Frontage Exception Special Permit-Withdrawal Date of Decision: December 4,2012 Application of: Osgood Street Realty Trust 623 Osgood Street North Andover,MA 01845 Premises Affected: 623 Osgood St., North Andover,Map 36,Parcel 4 DECISION The Planning Board voted to accept without prejudice, the withdrawal of the Frontage Exception Special Permit, filed by the applicant for the above referenced premises. A motion was made by R. Rowen and a 2wwasmade by M. Colantoni. The vote was unanimous,6—0, in favor of the motion. h Andover P ening Board dith Tymon,Town Planner • Print Form RECEIVED 2012 DEC 21 AM 8: 51 TOWN OFF '+secwusC NORTH KNDOVE? MASSACrJu TTS PLANNING DEPARTMENT Community Development Division Form A - ApElication for APPROVAL NOT REQUIRED DATE: >LfVhbev— )Lo) go Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: Osgood Street Realty Trust Address:623 Osgood Street North Andover Massachusetts 01845 2. Location and Description of Property(include Assessor's Map and Lot and Zoning District(s)]: Approximately 16.4 acres of land located on north side of Osgood Street (Assessors Map , of w is is ovate entirely within the R-2 Zoning District. 3. Deed Reference, Book 10724 Page 120 or Certificate of Title: 4. Name of Surveyor: GA Consultants, Inc. Address: 17 Graf Road/flevylburyport MA 01950 Signature of Owner(s): Address:John Smolt Esq.P asattorney for Osgogo�ditreet Ff alty T Page I of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www townornorthandovermun Edited 8/1/07 Please indicate the grounds(either A, B,C or D,not a combination)on which you believe your plan not to be a subdivision. OX Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or XX c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. ❑x B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot,or b) labeled "Not A Building Lot". ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received:Town of North Andover Town Clerk (date stamp): Signature of Town Official receiving this application: Notice to APPLICANTffOWN 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 resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page 2 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofootthandover.com Edited 8/1/07 '6 9 rY .DP 0- AIDUWR LOCUS PLAN rrM ttErsMr a EEEES us E y m /fPN..T .M9l®M9W NMlflQ `�'�✓r MM1NME P 3Mlr M MiM.VIO e.F ..ASuS w ru M& wm'°x°a,w TTTIII,,,•g 31 NX*Gf MM 6 TE IAIOEMMEE�BIY M[ REN�RD. OARO�� >mH xER.E, A3M0 PG 33E f' Y ^4i�+ FEEWG➢'Mm 111 SNE LPEo9 M VW1 ].ID09. C 131EE3.MqM NIM,F3131 Y0.4S DA�ED011LR1i NI A13)N BE K..3 N Etl I M GNAT THS.L.x c F. S ,S.1Y.E. e.Y,1.Y. ANR "`° AW° un 6 m` PLAN OF LAND 623 OSGOOD STREET EATS NORTH ANDOVER, MASSACHUSETTS crznrx¢ scus SHEET 1 OP 1 •A.nmrluc 056000 SIRCC/ML" MST. MAWBS]OSLCCD 9RF(C NJ.PM A... CA CONSULTANTS, /NC. 55MMM1 Txnxens R:CEIVED SMOLAK & VAUGHAN Tpe, r! _: .' S 4mm T. s,,aex, Esq. F:�,i. T: 4)x.)2].5]IS l F. 478427.p214 9 1 1 (I Y N f 1' S F 7 I. T W ,jamnlakh.unnlakravyhan.cum 2012 OCT 29 AM 10: 58 MASSAf',�Ic`E�;I October 29,2012 BY HAND John Simons,Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Frontage Exception Special Permit Property: 623 Osgood Street Applicant and Owner: Osgood Street Realty Trust Dear Chairman Simons and Other Board Members: On behalf of the Applicant,enclosed for filing with the Planning Board is an application for a Frontage Exception Special Permit in reference to the above- referenced Property. The purpose of this filing is to facilitate the sale of Lot 2 and Lot 3 (shown on the attached Site Plan) of the Property to the Town of North Andover in accordance with the Town Meeting vote to approve Article 29 at the 2012 Annual Town Meeting held on June 12,2012 to purchase an interest in the Property for conservation and open space purposes. Lot 1 depicted on the Site Plan is to be retained by the Owner and Applicant. We appreciate your time and consideration with regard to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. S' S eyam ohm T. molak JTS/ cc: Judy Tymon,Town Planner Town Clerk's Office(By Hand) 100057172;,IlEsst Mill,21 High Street,Suite 701.North Aadorer,MA 01845 W\\9Y.SMOLAKVAt1 GHAN.COM Print Form ov H?eTM '14 l� . •.hoc e ♦ e , v �°secxaar PLANNING DEPARTMENT Community Development Division S ecial Permit - Fronta a Exce tion, AggliCatiOn Please type or print clearly. 1.Petitioner: Osgood Street Realty Trust Petitioner's Address: 623 Osgood Street,North Andover, Massachusetts 01845 Telephone number: (978)886-2926 2.Owners of the Land: O good Sbeat Realty Trust Address: 623 Osgood Slreel North Andover Massachusetts 01645 Number of years of ownership: 5 years,7 moa. 3.Year lot was created: 1977 4.Description of Proposed Project: Project induces creation of three(3)lots,o which Lal 1 is the su jeol of the pema ent. Ch n mt three ons is assigned to facilitate the conveyance of proposed Lot 2 and Lot 3 to the Town of North Andover w sistent with June 13 2012 T wn MeetIna vote to purchase a portion of he pmparty fnr npan space and conserver nn p_P Ith The senv 5.Description of Premises:Approximately 16.4 acres of lend on east side of Osgood Street. 6.Address of Property Being Affected: 623 Osgood Street Zoning District:Residential 2(R-2) Assessors Map:36 Lot f: 4 Registry of Deeds:Book f: 10724 Page f: 120 -- 7.Existing Lor: 711 6411 Building Height, <35 feet(est.) Lo Rrea(Sq.Ft): g g >30 Feel Street Frontage: 395 Side Setbacks:>30 Feet Frons Setback:>30 Feet Rear Setback: Floor Area Ratio: NIA Lot Coverage: NIA 8.Proposed Lot(if applicable);(Lv� 1) Lot Area(Sq.Fl): 135 o4/I Building Height: some Street Frontage: I IQ •Ste Side Setbacks: >30 Feet Front Setback: >3O Feet Rear Setback: >30Feet Floor Area Ratio: N/A Lot Coverage: NIA 9.Required Lot(as required by Zoning Bylaw): 35 Feet Lot Area(Sq.Ft): 43,560 Building Height: Page I of 1 1600 Dsgood Street,hunk Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www mwnofnurthandavel.rom Edited B/1/07 Street Frontage: 150 Fee+ Side Setbacks: 30 Fen.4 Front Setback: 3n Fec+ Rear Setback: e+ Floor Area Ratio: Lot Coverage: KYA 10, Existing Building(If applicable): 3 Ground Floor(Sq.Ft.): '3 tiui 0 q of Floors: Total Sq. FL: %3iw 3 Height: Use:S,Mk Fa oy 'K5&A9LvbXI Type of Construction:: 11.Proposed Building: Ground Floor(Sq.FL): 0 of Floors: Total Sq.Ft. Height: Use: Type of construction: 12.Has there been a previous application for a Special Permit from the Planning Board on these premises? Me If so,when and for what type of construction? 13. Section of Zoning Bylaw that Special Permit Is Being Requested_ ``77 14.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official fano of the Planning Board. Every application shall be filed with the Town Clerk's office. II shall be the responsibility of the petitioner to furnish all suppordng documentation with tlds application. The dated copy of this application received by the Town Clark or Planning Office does not absolve the applicant from this responsibility.The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incorpp59.tbd 57ki'Pe.f�pq({J -V5)- Petitioner'sSignaturenr t Print or type name here:: 4 zj— Owner's Signature: Print or type name here s/_ 15.Please list title of plans and documents you will be attaching to this application. Pope 2 of 2 1600 Osgood Street,North Andover,BIdg.20,Suits 2-36 Planning 0ept.,Mussarhusens 01845 Phone 978.688.9535 Fox 978.680.9547 Web www Iownafaorthandover mm Filled ef1/07 TOWN OF NORTH ANDOVER PLANNING BOARD APPLICANT OSGOOD STREET REALTY TRUST OWNER: OSGOOD STREET REALTY TRUST PROPERTY: 623 OSGOOD STREET (ASSESSORS MAP 36,LOT 4) MEMORANDUM IN SUPPORT OF APPLICATION FOR FRONTAGE EXCEPTION SPECIAL PERMIT (Sections 7.2.2 and 10.3 of North Andover Zoning Bylaw) I. INTRODUCTION George W.Ousler,Jr. and Deanne Ousler,as Trustees of the Osgood Street Trust (the"Applicant")is the owner and Applicant with regard to an existing parcel of land known and numbered as 623 Osgood Street. The site contains approximately 16.4 acres of land and is designated on the Town Assessor's Maps as Map 36,Lot 4 (the "Property"). The Property is located on the east side Osgood Street, and is surrounded: to the north by residences and the Stevens Estate owned by the Town of North Andover;to the south by Edgewood Farm; to the east by additional land owned by the Town of North Andover; and,to the west by Osgood Street as well as abutting residential dwellings. The Property currently consists of a single lot on which is located an existing single family dwelling and outbuilding as shown on the site plan attached hereto. The Property is located within the Residential 2 (R2) Zoning District within which the existing residential use is permitted by right. II. PROPOSED PROJECT Voters at the June 12,2012 Annual Town Meeting voted to acquire up to approximately 15.2 acres of the Property for purposes of open space and conservation land. A copy of the Town Meeting Vote is attached as Exhibit B. For purposes of the Towns purchase of a portion of the Property,the Applicant proposes to divide the Property into three separate lots as follows: Lot 1-3.10 acres - To be continued to be owned by Applicant Lot 2-11.52 acres-To be conveyed to the Town of North Andover Lot 3 -1.72 acres-To be conveyed to Town of North Andover rmolage&arnli.SPxial Pemdl Memmantlum -- Phnning Bw Accordingly, Lots 2 and 3 are proposed to being conveyed to the Town of North Andover for open space and passive recreation purposes,and will be subject to a Conservation Restriction proposed to be held by the North Andover Conservation Commission. Lot 1,which is the subject of this Application,will continue to be owned by the Town, and the purpose of the request for this Special Permit is to reduce lot width and frontage requirements in order to maximize the open space,and resulting view corridor,along Osgood Street. The Site Plan showing the proposed lots is attached as Exhibit A. The Applicant is requesting Board approval of Lot as a"frontage exception' lot pursuant to Section 7.2.2 of the Zoning Bylaw. Ill. REQUIRED RELIEF Based upon our preliminary review of the proposed improvements,and after a meeting with the Building Commissioner, the Applicant has determined that a frontage exception special permit is required pursuant to Sections 7.2.2 and 10.3 of the Zoning Bylaw. IV. FRONTAGE EXCEPTION/LOT WIDTH SPECIAL PERMIT CRITERIA Sections 7.2.2 and Section 10.31 of the Zoning Bylaw list the criteria by which the Planning Board will determine whether a special permit can be granted. Specifically, exceptions for meeting the frontage and lot width requirements under the Zoning Bylaw are as follows: A. FRONTAGE AND LOT WIDTH SPECIAL PERMIT CRITERIA (Section 7.2.2) Section 7.2.2 of the Zoning Bylaw provides that the Planning Board may grant a frontage exception and lot width special permit for a lot in any residential district, provided the following criteria are met: a. Area of lot must exceed three tunes the minimum required lot area for the district. i. Minimum lot area for the R-2 District is 43,560 square feet and three times the minimum square footage is 130,680 s.f. Frontage Ercvprinn Sp ial Pmnir M=Mndum - Plwdng aexN 2 ii. Lot 1 contains 135,069 s.f.. Hi. Lot I complies with this criterion. b. The lot has a minimum continuous street frontage of not less than 50 feet and a width of not less than 50 feet at any point between the street and the dwelling. i. For Lot 1, the street frontage is 110.56 feet, and the minimum lot width between the street and the existing dwelling is 50 feet. ii. Lot 1 meets this criterion. C. There is not more than one other such lot with frontage contiguous to Lot 1. d. The proposed Lot 1 will not be located so as to block the possible future extension of a dead end street since there is no potential for a future extension through Lot 1 to the proposed open space/conservation land included within Lots 2 and 3. e. The creation of Lot 1 will not adversely affect the neighborhood,given that the existing house is to remain. f. The creation of Lot 1 is in harmony with the general purpose and intent of this bylaw,for the following reasons. First,the location of the proposed Lot I is appropriate as the Property is surrounded by conservation/open space. Second,the creation of an ANR lot as opposed to a full subdivision roadway will serve to reduce the potential for increased impervious surfaces, and provide a more rural setting for the Property. Lastly, the proposed Lot,as shown on the Site Plans,complies with the Zoning By-Law. For these reasons, the proposed improvements noted herein are in harmony with the general purposes and intent of Section 1 ("Purposes") of the North Andover Zoning Bylaw. g. If approved,Lot 1 will not thereafter be reduced in area below the minimum lot area required under Section 7.1 of the Zoning Bylaw. B. SPECIAL PERMIT APPROVAL CRITERIA (Section 10.31) Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve any such application for a Special Permit unless it finds that in its judgment all the following conditions are met. The following lists the criteria and how these criteria are met. P,on.,a,cepl,on Sa W P lml W dmn -- Planning awN 3 a. The specific site is an appropriate location for such a use, structure or condition. As the property is zoned for residential use, the site is an appropriate location for the proposed Project. The site layout compliments the surrounding uses and provides for access, as well as for sufficient water and other utilities. b. The use as developed will not adversely affect the neighborhood character. The Project will maintain a lot area well in excess of minimum requirements, and existing residential buildings will maintained in a manner consistent with surrounding residential uses. Accordingly, the proposed uses are well suited for its proposed location. C. Social,economic,or community needs which are served by the proposal. As noted above,the proposed Project will facilitate the sale of open space to the Town,consistent with the 2012 Town Meeting Vote. d. There will be no nuisance or serious hazard to vehicles or pedestrians. The existing tree-lined driveway will be maintained as is to serve the existing residential house. e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project is adequately and appropriately serviced by municipal water and other utilities that adequately address the needs of the existing house. f. The use is in harmony with the general purpose and intent of this Zoning Bylaw. And for the reasons described above,the proposed residential use resulting from the creation of Lot 1 is in harmony with the general purpose and intent of this Zoning Bylaw. Fmn�are ex 'Iw Spatial Pamir W. .W. - Pl.iap Baal 4 V. REQUEST FOR APPROVAL For the above reasons, the Applicant respectfully requests that the Planning Board make the required findings and conditions described under Sections 7.2.2 and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's request for a Frontage Exception/Lot Width Special Permit for Lot 1 as depicted on the Site Plan. Respectfully submitted, Osgood Street Trust By its attorneys, olut T.Smolak, Esq. Smolak&Vaughan LLP East Mill, 21 High Street,Suite 301 North Andover,Massachusetts 01845 Tel. (978) 327-5215 Fax (978)327-5219 Fmnmpe ExeepOa.Special Pmnil Mcnimndum — Planning BOOM 5 EXHIBIT A SITE PLAN fremiegc Eaeminn Sfecinl Pumii Memmnndmn Pi. inB B--W 6 .4 MOMo ^-. , una •a mm ammm.maw M ANR h FRONTAGE EXCEPTION �.~•^ UP 7 SPECIAL PERMIT e CI LSL ER T PL .a. ..uw+..w n s.. NJRM�MOOV[mYISLLNUSLTrS sR[n r w i emmmmo:�.nm...,.�Y.n rwm ® CONSUL7ANiS, INC.«m.. EXHIBIT B TOWN MEETING VOTE Fmnj Fe Ena tion SIM10 Pm-ii Menarc "n - Planning Boatel 7 �• a^•a.''4 +tcaua�: TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688.9557 E-mail ib adchaw(atmtnot'northendover.com This is to certify that the following vote was taken on Article 29 at the Dissolved Annual Town Meeting for the Town of North Andover held June 12, 2012; Article 29. Report of the Community Preservation Committee and Auorouriation From the Community Preservation Fund. Majority vote, on recommendation of the Community Preservation Committee, to receive the report of the Community Preservation Committee and to raise,borrow, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee as shown below; and, with regard to the appropriation of$1,400,000 for the acquisition of approximately 15.2 acres of land at 623 Osgood Street, that said sum is authorized for the acquisition by purchase or eminent domain of a fee simple interest or lesser interest in a parcel of land of approximately 15.2 acres within the bounds of North Andover which is a portion of the land at 623 Osgood Street owned by George W. Ousler and Deanna M. Ouster,Trustees of Osgood Street Realty Trust, under Declaration of Trust dated March 23, 2007, and which property is a portion of the property described in the deed recorded in North Essex District Registry of Deeds, Book 10724, Page 120 and is a portion of the property shown as Lot B on a plan entitled "Plan showing a portion of Edgewood Farm, North Andover,Mass,Owned by Trustees of Trust B u/w Abbott Stevens,"recorded as Plan No. 7803 in the North Essex Registry of Deeds, and expenses incidental and related thereto, including but not limited to closing costs and parking area construction expenses, to be managed and controlled by the Conservation Commission of the Town of North Andover in accordance with Massachusetts General Laws Chapter 40, Section 8C for conservation and passive recreation purposes; and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self-Help Act (Massachusetts General Laws Chapter 132A, Section), or any other applications for funds in any way connected with the scope of this acquisition, that the Board of Selectmen be authorized to determine the final purchase price and final boundaries of the land and other interests which may be acquired for the purposes stated herein, and that the Town Manager, the Board of Selectmen and the Conservation Commission be authorized to enter into all agreements and execute any and all instrurnents, including deeds, easements, and permanent deed or conservation restrictions in accordance with Massachusetts General Laws Chapter 184, on terms and conditions they deem to be in the best interest of the Town and as may be necessary on behalf of the Town of North Andover to affect said purchase 1 List of Appropriations—Community Preservation Fund Description Amount Category Stevens Estate: Restoration of exterior $206,200 Historical Preservation walls hese I Stevens Estate:Window replacement $101,300 Historical Preservation Phase III Restoration of historical town records $40,000 Historical Preservation base Stevens Library: Refurbishment of $22,000 Historical Preservation main door Old Burying Ground: Refurbishment $20,000 Historical Preservation of ave stones Phase II Ridgewood Cemetery: Restoration of $15,000 Historical Preservation main gate Town Monuments: Assessment and $15,000 Historical Preservation restoration of historical town statues and monuments Veteran's Housing: Replacement and $475,000 Affordable Housing restoration of siding, steps,doors and bulkheads Foulds Terrace: Replacement and $375,000 Affordable Housing refurbishment of windows and doors 623 Osgood Street: Purchase of fee $1,400,000 Open Space Protection interest in approximately 15.2 acres of open field and woodlands adjoining the Town's Osgood Hill and Half Mile Hill properties,plus closing costs and parking area construction expenses (Tinel purchase price not to exceed appraised value of property; total cost to be reduced by amount of any government grants or private contributions Open Space:Update of Open Space $25,000 Open Space Protection Plan Administrative Costs $30,000 Administrative and Operating Expenses Total Appropriations $2 724500 Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Majority Vote VOTED JUNE 12,2012 2 Motor b nhenerf 1 eoNMa9DWt ! 1 DYnservetbn ! x 1 ZwhNW ( 1 Town of North Andover Abutters Listing REQ11F ME ENT' 11I.wsMIm 11 e4V hpM'PMinln MkroMuuud NlNa dupar.aY mnnlM PeYlbrer. eLulla+,wrt2nM WM AmLY oryoYYm.rt/pvdk.prlrelevry,�W ..l..LfirnlAMkWle Ihm hW..6lapnl laelol NepaptllY.ne e1Ne pYlYme�se oar,apperm IUYq rot x+leeYn6ry"A..'e etl.nY.ui,worm le h.."N uIdIW tlry or Mm,Ne pYnnNY pa.Eof IM aryx Ipm..na Pep.rMnplwmE el.nn.Nlm,p oy wlmli' SS k�m.-nv: MAP PARCEL Ne_Ine Addmag 35 q Deser SVear Rulry Tesf 60 Dsgood Sheaf,Nelle Andover,MA 01695 Ak•N raPMMP1"U e Mee Peme1 llama AtlAlsse 36 23&110 To.of Nodh A over 120 Mein Street,NoM Arlrovet MA 01845 35 26 Douglas How,Jr. 665 O,wd Skeet,NOdh Andover,MA 01645 35 32 Kedh Douglas BMOsgood Skeet,Nodh Andover,MA DIMS 35 1 6 21 Two of Nodh Mdovel 120 Main Street,NoM Aareva4 MA D184S 36 3 8 20 Ed;...od Retirement 575 Degood SIeM,Nohh Andover,MA 01845 100 1 811 676 Osgood SiwL Tmsl 676 Degood Street,North Andover,MA 01845 100 2 Mark Mollie 6M egooi Slreat,NoM Allover.MA 01845 100 6 Alk.Telm BBt Osgood Street,NOM Allover,MA DIMS 100 9 YoOdhe Delta 6V Oagood Sleet,NoMAMover,MA DIMS t00 10 Charles Daher,111 653 Osgood Street,NoM Andover,MA 01815 101 1 Ree.0 RudIa 588 Osgood Sleet,NOM Andover,MA 01645 101 3 Thornes I(oulopoubs 580 Osgood Sheol,North A1vlweq MA 01645 101 4 Ann O'erwo 5920sgood Sleet,North Andover,MA 01 MIS 101 5 Me*Betkermn 586 C"ood Sheol,NoM Andover,MA 01845 101 6 Correia Fortify TORI SM Osgood Slreat,North Andoveq MA 01645 This oentries that the names appearing on the records of the Assess Moo as d a0/ DBt8�0 .25 D/T/ DenHled t) 4 � y tOL 3 rw rtosmr a o¢os ue �4 s or z n.sx nwi`v v a r � va!aa'ss P. xan¢._fau q m . y P ma[cry Damm xw o 9 y Q as u_t rr rtm.w[s m_r LOIW m. I[m ArMRIH[w rifVN 'gem N iaaw �Pe N 77- 0 wn.en'.. iicw � A�S matrtna ms mne_ o�i�ivRw.m.rorau�_m¢�� y[ANR @FRONTAGE EXCEPTION a `���,w..nn•r.[ SPECIAL PERMIT PLAN ia�.6�ucr 625 WG5WU Awa vuao.n vn a[or.sw in wr NOFIN ANMVER. MASSACHUSETTS sxar [ or [ ouoro sia•N°m_un�rwsr CA CONSULTANTS, INC— SMOLAK & VAUGHAN_� ppa ak. Euq. TOW!��'`rlI�k�. isp f0 prFa:v-<„n A l ! Dr N ! 1 + �. : I. a `.+' jfalnddkYd situ ekruuFT,en.vom 20110CT 29 AM 10: 58 �aT�``O':','k 0 MkTH.TH "A' \ 2 BY HAND John Simons,Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover,Massachusetts 01845 RE: Application for Frontage Exception Special Permit Property:623 Osgood Street ADDlicant and Owner: Osgood Street Realty Trust Dear Chairman Simons and Other Board Members: On behalf of the Applicant,enclosed for filing with the Planning Board is an application for a Frontage Exception Special Permit in reference to the above- referenced Property. The purpose of this filing is to facilitate the sale of Lot 2 and Lot 3 (shown on the attached Site Plan) of the Property to the Town of North Andover in accordance with the Town Meeting vote to approve Article 29 at the 2012 Annual Town Meeting held on June 12,2012 to purchase an interest in the Property for conservation and open space purposes. Lot 1 depicted on the Site Plan is to be retained by the Owner and Applicant. We appreciate your time and consideration with regard to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. ;S' relyv,hn T �// /Smola � JTS/ cc: Judy Tymon,Town Planner Town Clerk's Office (By Hand) (OW.7nln IjEast hill,21 [fig],Street.Suite 301,North Aad"er,MA 01645 1VN%V.SMOLAKVAUGHAN.COOI Print Form a, pOPTq^4 3a A.u ; r JL ♦ et� O Y rtfoncraso PLANNING DEPARTMENT Community Development Division Special Permit - Frontage Exce tion, A lication Please type or print clearly. 1.Petitioner: Osgood Street Realty Trust Petitioner's Address: 623 Osgood Street,North Andover.Massachusetts 01845 Telephonenumber: (978)886-2928 2.Owners of the Land: Osgood Street Really Trust Address: 623 Osgood Street North Andover Massachusetts 01845 Number of years of ownership: 5 years,7 mos. 3.year lot was created: 1977 4.Description of Proposed Project: Project includes creation of three(3 lots,of which Lot 1 is the subject of the Special Permit. Creation of three lots is designed to facilitate the conveyance of proposed Lot 2 and Lot 3 to the Town of North Andover co siggli t with June 13 2012 Town Meet no vote to purchase a portion f the Propady for open spac kh the f rommuruly Psese o�-Rl h�r Wn,d by fh^n— 5.Description of Premises:Approximately 16.4 acres of land on east side of Osgood Street. 6.Address of Property Being Affected: 623 Osgood Street Zoning District:Residential 2(R-2) Assessors Map:36 Lot#: 4 Registry of Deeds:Book 0: 10724 page N: 120 7.Existing Lot: Lot Area(Sq.FQ: 711,640+/- Building Height: '35 feet(est.) Street Frontage: 395 Side Setbacks: 130 Feet Front Setback:'30 Feet Rear Setback: '30 Feel Floor Area Ratio: NIA Lot Coverage: NIA B.Proposed Lot(if applicable):(Lo+ 1) Lot Area(Sq.FQ: 135 OVl Building Height: some Street Frontage: 110 -Ss, Side Setbacks: -30 Feet Front Setback: >30 Feet Rear Setback: >30Feet Floor Area Ratio: NIA Lot Coverage: NIA 9.Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft): 431560 Building Height: 35 Feet Page I ell 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 fax 978.688.9542 Web www.lownoloorlhoodover.com Edited 811107 Street frontage: 150 Feet Side Setbacks: 30 Fent Front Setback: 3n Per* Rear Setback: 30 Faei Floor Area Ratio: N/A Lot Coverage: WA, 10.Existing Building(if applicable): Ground Floor(Sq.Ft.): tit of Floors: 4 Total Sq.FL: 3 Height: Use:SnylLjj Vf daevl-eyj Type of Construction: u,11tvi +-rasnv 11.Proposed Building: Ground Floor(Sq.Ftj: M of Floors: Total Sq.Ft. Height: Use: Type of Construction: 12.Has there been a previous application for a Special Permit from the Planning Board on these premises? AIo If so,when and for what type of construction? 13.Section of Zoning Bylaw that Speciaql Permit is Being Requested "712. 14Z to, 211 14.Petitioner and Landowner signatursi Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be Bled with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clock or Planning Office does not absolve the applicant from this responsibility.The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incorgplse'...� 5.h.P 4 Retzb� 7,—v5t Petitioner's Signature: & iY5 aney s. Print or type name here; nn LL-10 Signature f F11 Print a type name hue: 15.Please list tide of plans and documents you will be attaching to this application. Pope 2 of 2 1600 Osgood Street,North Andover,Ildg.20,Suite 2.36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.townrifoodhoodover sum Edlled 1/)/07 TOWN OF NORTH ANDOVER PLANNING BOARD APPLICANT OSGOOD STREET REALTY TRUST OWNER: OSGOOD STREET REALTY TRUST PROPERTY: 623 OSGOOD STREET (ASSESSORS MAP 36,LOT 4) MEMORANDUM IN SUPPORT OF APPLICATION FOR FRONTAGE EXCEPTION SPECIAL PERMIT (Sections 7.2.2 and 10.3 of North Andover Zoning Bylaw) 1. INTRODUCTION George W.Ousler,Jr.and Deanna Ousler,as Trustees of the Osgood Street Trust (the"Applicant')is the owner and Applicant with regard to an existing parcel of land known and numbered as 623 Osgood Street. The site contains approximately 16.4 acres of land and is designated on the Town Assessor's Maps as Map 36,Lot 4(the "Property"). The Property is located on the east side Osgood Street, and is surrounded: to the north by residences and the Stevens Estate owned by the Town of North Andover;to the south by Edgewood Farm; to the east by additional land owned by the Town of North Andover;and, to the west by Osgood Street as well as abutting residential dwellings. The Property currently consists of a single lot on which is located an existing single family dwelling and outbuilding as shown on the site plan attached hereto. The Property is located within the Residential 2(R2) Zoning District within which the existing residential use is permitted by right. Il. PROPOSED PROJECT Voters at the June 12,2012 Annual Town Meeting voted to acquire up to approximately 15.2 acres of the Property for purposes of open space and conservation land. A copy of the Town Meeting Vote is attached as Exhibit B. For purposes of the Town's purchase of a portion of the Property,the Applicant proposes to divide the Property into three separate lots as follows: Lot 1 - 3.10 acres- To be continued to be owned by Applicant Lot 2-11.52 acres-To be conveyed to the Town of North Andover Lot 3 - 1.72 acres-To be conveyed to Town of North Andover Fmnwp Exa M11nM SM W Fm l MnmO &. — Planning BmH Accordingly, Lots 2 and 3 are proposed to being conveyed to the Town of North Andover for open space and passive recreation purposes,and will be subject to a Conservation Restriction proposed to be held by the North Andover Conservation Commission. Lot 1,which is the subject of this Application,will continue to be owned by the Town, and the purpose of the request for this Special Permit is to reduce lot width and frontage requirements in order to maximize the open space, and resulting view corridor,along Osgood Street. The Site Plan showing the proposed lots is attached as Exhibit A. The Applicant is requesting Board approval of Lot as a "frontage exception' lot pursuant to Section 7.2.2 of the Zoning Bylaw. 111. REQUIRED RELIEF Based upon our preliminary review of the proposed improvements,and after a meeting with the Building Commissioner,the Applicant has determined that a frontage exception special permit is required pursuant to Sections 7.22 and 10.3 of the Zoning Bylaw. IV. FRONTAGE EXCEPTION/LOT WIDTH SPECIAL PERMIT CRITERIA Sections 7.2.2 and Section 10.31 of the Zoning Bylaw list the criteria by which the Planning Board will determine whether a special permit can be granted. Specifically, exceptions for meeting the frontage and lot width requirements under the Zoning Bylaw are as follows: A. FRONTAGE AND LOT WIDTH SPECIAL PERMIT CRITERIA (Section 7.2.2) Section 7.2.2 of the Zoning Bylaw provides that the Planning Board may grant a frontage exception and lot width special permit for a lot in any residential district, provided the following criteria are met: a. Area of lot must exceed three times the minimum required lot area for the district. L Minimum lot area for the R-2 District is 43,560 square feet and three times the minimum square footage is 130,680 s.f. Frontage Ex[Nm SP ial P=it M=nmW= -- Planting aoarE 2 u. Lot 1 contains 135,069 s.f.. iii. Lot 1. complies with this criterion. b. The lot has a minimum continuous street frontage of not less than 50 feet and a width of not less than 50 feet at any point between the street and the dwelling. i. For Lot 1, the street frontage is 110.56 feet,and the minimum lot width between the street and the existing dwelling is 50 feet. ii. Lot 1 meets this criterion. C. There is not more than one other such lot with frontage contiguous to Lot 1. d. The proposed Lot I will not be located so as to block the possible future extension of a dead end street since there is no potential for a future extension through Lot 1 to the proposed open space/conservation land included withdn Lots 2 and 3. e. The creation of Lot 1 will not adversely affect the neighborhood,given that the existing house is to remain. f. The creation of Lot 1 is in harmony with the general purpose and intent of this bylaw, for the following reasons. First, the location of the proposed Lot 1 is appropriate as the Property is surrounded by conservation/open space. Second,the creation of an ANR lot as opposed to a full subdivision roadway will serve to reduce the potential for increased impervious surfaces, and provide a more rural setting for the Property. Lastly, the proposed Lot, as shown on the Site Plans,complies with the Zoning By-Law. For these reasons, the proposed improvements noted herein are in harmony with the general purposes and intent of Section 1 ("Purposes") of the North Andover Zoning Bylaw. g. If approved,Lot 1 will not thereafter be reduced in area below the minimum lot area required under Section 7.1 of the Zoning Bylaw. B. SPECIAL PERMIT APPROVAL CRITERIA(Section 10.31) Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve any such application for a Special Permit unless it finds that in its judgment all the following conditions are met. The following lists the criteria and how these criteria are met. Fronape Excepplion Spmipl Pamil Mcmom dum -- Plwnin6 BwM 3 a. The specific site is an appropriate location for such a use, structure or condition. As the property is zoned for residential use, the site is an appropriate location for the proposed Project. The site layout compliments the surrounding uses and provides for access, as well as for sufficient water and other utilities. b. The use as developed will not adversely affect the neighborhood character. The Project will maintain a lot area well in excess of minimum requirements, and existing residential buildings will maintained in a manner consistent with surrounding residential uses. Accordingly, the proposed uses are well suited for its proposed location. C. Social,economic,or community needs which are served by the proposal. As noted above,the proposed Project will facilitate the sale of open space to the Town,consistent with the 2012 Town Meeting Vote. d. There will be no nuisance or serious hazard to vehicles or pedestrians. The existing tree-lined driveway will be maintained as is to serve the existing residential house. e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project is adequately and appropriately serviced by municipal water and other utilities that adequately address the needs of the existing house. f. The use is in harmony with the general purpose and intent of this Zoning Bylaw. And for the reasons described above,the proposed residential use resulting from the creation of Lot 1 is in harmony with the general purpose and intent of this Zoning Bylaw. Fmnlap Exc Plimi SP ial Pamil M,...ndum -- Planning aoani 4 V. REQUEST FOR APPROVAL For the above reasons, the Applicant respectfully requests that the Planning Board make the required findings and conditions described under Sections 7.2.2 and 10.31 of the North Andover Zoning Bylaw,and grant the Applicant's request for a Frontage Exception/Lot Width Special Permit for Lot 1 as depicted on the Site Plan. Respectfully submitted, Osgood Street Trust By its attorneys, ohm T.Smolak, Esq. Smolak &Vaughan LLP East Mill,21 High Street,Suite 301 North Andover,Massachusetts 01845 Tel, (978)327-5215 Fax (978)327-5219 Fmmage Ecee Lion SPR'ial Pmnil Memmandum — Planning 9 aN 5 EXHIBIT A SITE PLAN Fmnmge Excepiinn SP ial P mmil M,...dmn -- Plmning BmM 6 • • iw uoi a �.M... • imf o e i;n:�aiiN o.J imaraRwF wr _ Y POR wANR d FROMAGE EXCEPTION SPECIAL PERMIT PL N vmve.n uam,vnv�o,r fLl OROOOp SIMLT N NOR/N RNOOKR, MASLCMVSCl/S def CONSULTANTS, lNtr~�- EXHIBIT B TOWN MEETING VOTE Emmis a ERugah)n Spwiul rmnn Mm ©naum -- PlmminE Boa. 7 a d TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail Ibradshaw(ntosvnofnorthandoveecom This is to certify that the following vote was taken on Article 29 at the Dissolved Annual Town Meeting for the Town of North Andover held June 12, 2012: Article 29. Report of the Community of the Communi�Preservation Committee and Appropriation FromCommittee and Appropriation From the Community Fund. Majority vote, on recommendation of the Community Preservation Committee, to receive the report of the Community Preservation Committee and to raise,borrow, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee as shown below; and, with regard to the appropriation of$1,400,000 for the acquisition of approximately 15.2 acres of land at 623 Osgood Street, that said sum is authorized for the acquisition by purchase or eminent domain of a The simple interest or lesser interest in a parcel of land of approximately 15.2 acres within the bounds of North Andover which is a portion of the land at 623 Osgood Street owned by George W. Ousler and Deanna M. Ousler, Trustees of Osgood Street Realty Trust, under Declaration of Trust dated March 23, 2007, and which property is a portion of the property described in the deed recorded in North Essex District Registry of Deeds, Book 10724, Page 120 and is a portion of the property shown as Lot B on a plan entitled "Plan showing a portion of Edgewood Farm, North Andover, Mass,Owned by Trustees of Trust B u/w Abbott Stevens,"recorded as Plan No. 7803 in the North Essex Registry of Deeds, and expenses incidental and related thereto, including but not limited to closing costs and parking area construction expenses, to be managed and controlled by the Conservation Commission of the Town of North Andover in accordance with Massachusetts General Laws Chapter 40, Section 8C for conservation and passive recreation purposes; and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self-Help Act (Massachusetts General Laws Chapter 132A, Section),or any other applications for funds in any way connected with the scope of this acquisition, that the Board of Selectmen be authorized to determine the final purchase price and final boundaries of the lend and other interests which may be acquired for the purposes stated herein, and that the Town Manager, the Board of Selectmen and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments, including deeds, easements, and permanent deed or conservation restrictions in accordance with Massachusetts General Laws Chapter 184, on terms and conditions they deem to be in the best interest of the Town and as may be necessary on behalf of the Town of North Andover to affect said purchase I List of Appropriations—Community Preservation Fond Description Amount -Category Stevens Estate: Restoration of exterior $206,200 Historical Preservation walls Phase f Stevens Estate: Window replacement $101,300 Historical Preservation Phase III Restoration of historical town records $40,000 Historical Preservation base Stevens Library: Refurbishment of $22,000 Historical Preservation main door Old Burying Ground: Refurbishment $20,000 Historical Preservation of grave stones Phase II Ridgewood Cemetery: Restoration of $15,000 Historical Preservation main gate Town Monuments: Assessment and $15,000 Historical Preservation restoration of historical town statues and monuments Veteran's Housing; Replacement and $475,000 Affordable Housing restoration of siding, steps,doors and bulkheads Foulds Terrace: Replacement and $375,000 Affordable Housing refurbishment of windows and doors 623 Osgood Street: Purchase of fee $1,400,000 Open Space Protection Interest in approximately 15.2 acres of open field and woodlands adjoining the Town's Osgood Hill and Half Mile Hill properties,plus closing costs and parking area construction expenses (final purchase price not to exceed appraised value of property; total cost to be reduced by amount of any government grants or private contributions Open Space: Update of Open Space $25,000 Open Space Protection Plan Administrative Costs S30,000 Administrative and O eratin Ex apses Total Appropriations $2 724 500 Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Majority Vote VOTED JUNE 12,2012 2 Abullar to Abuber( ) Sullding Dapl ( ) Conxrvefbn ( X ) Zobbp ( ) Town of North Andover Abutters Listino REQUIREMENT: MGLIog6eawn llanoblan VYn'D.ID lxsiwtuuW hlMr tlxgx as men ywpallyonx, eMer4 MTenalYlaalYGygpuabm am PaY6v WM1ae wry,YNapYnen le YW un MAYI '-DO WOR Ml(adnrll M DOMOOd IMaoflaNe yamYtiwnr er MyapMglMvmra ryM a,.,Mannar, bowtlalM tlyor.,aMMdNntnoatlroryOW.,oyvM Sublecf e Pmnerty: APP PARCEName Addless 36 4 Ouslar Steal Rwlly Trull 60 OsgoodSbeep Nonn Andow,,MA 01615 Abukars Pmoenirs LBBA P-m) hillm Add, 36 258110 Term of Nodh Mdowr 120 Mein Street,NOM Andowq MA 01845 35 26 Oouglas Hone,Jr. 665 Osgood Sdeel,Norlb Allover,MA 01845 35 32 Kehh Douglas SIM O*gwd Slreel,North Ardowr,MA 01846 96 1621 Tann of NaAh Mdovar 120 Mein Sunni,NOM Mdaveq MA o1845 36 3 6 20 Edpenaod Refirament 575 Osgood SIreM,North Andover,MA 01695 100 1611 676 Oepoad Simi Trust 6M Oegoad Sired,Nodh Andover,MA 01845 100 2 Mark Mollie 600 Osgood Street,NoM Aedover,MA 01845 100 5 Albn Tarry 651 Oando Sleet,NoM Andover,MA 01816 100 9 Whine Gelinay 6r Cagood Simi,NoM Andover,MA M IMS 100 10 Glades Daher,III 655 Osgood Seeel,NoM Andover,MA 01845 101 1 Roned Rudb SBS owned!Simi.Noll And.,,MA 01816 101 3 Thomas Koulopoulos 5130 Ospood Street,Nodh Andover,MA O1H5 101 4 Ann O'Brian 592 Osgood Street,North Andover,MA 01815 101 5 Mark,Barberlan 586 Oagood Street,NOM Andover,MA 01845 101 6 Correia Fainly Tryst SIM Osgood Slrast,Nod Andover,MA 01845 This cantfies that the names appearing on the records of the A3SSS5 r "00 t16 Of Certtlled by' Deta/O .�S 0/7i �6I 1 "��� as s•6. Lp PLANAA�� mrt¢wr¢Lmam `L ? Lm T 1,.A.. 1 �uwuo °wmxav,owmv 3 m m vo Xn¢rr n R. ^pnn wXw m ¢ ' m ° Lm� A PA LA 0 X XO!1 BIMXBIL LN ! B. AN,-1A, ,n r,mri i�=Mwiwu,m ���.u."Va v xvn m xovu.v. n um¢rrtp� °"°"•^'""° "°' ...gyp � ANR & FRONTAGE EXCEPTION SPECIAL PERMIT PLAN 635 OSG0 SMCa RORIN AROOVER, MASSACHUSETTS A. SHEET 1 OT 1 _ GA CONSULUNTS, INC.—