HomeMy WebLinkAboutMiscellaneous - 1003 OSGOOD STREET Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 0 pro ld d—by by DEP
A. Project Information
Important:
When tilling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Osgood Properties LLC-John Grasso
only the tab key Name
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r 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Osgood Properties LLC-John Grasso
Name
March 1, 2011 242-1491
Dated DEP File Number
3. The project site is located at:
1003 Osgood Street North Andover
Street Address cltyrro vn
Map 35 Parcel 50
Assessors Map/Plat Number ParceirLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Osgood Properties LLC-John Grasso
Property Owner(if dXferent)
Essex Northern 12941 283
county Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
9/29/2014
Date
wpY,mB�EJC•lby,y2p/14 WPA F..BB,C¢liilica@ JIC..oar-•P,.1 IN3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1491
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
92
C. Authorization
Issued by:
North Andover 'p ao
Conservation Commission Data of is once
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
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regional-affice-for-your-city-or-town htmll.
Sig ures:
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 8B — Certificate of Compliance DEP File Number:
Massachusetts Wetlands Protection Act M.G.L. c. 131, 0 242-1491
-P- ad by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To-------_--------------------------------------- ___._.__._--. -.___._
North Andover
Consarvagon Commisslon
Please be advised that the Certificate of Compliance for the project at:
1003Osgood Street 242 1491
P reIXL t DEP We Number
Has been recorded at the Registry of Deeds of.
Essex Northern
county
for:
Osgood Properties I LCJohn Grasso
P perry Ow
and has been noted in the chain of title of the affected property on:
Date
Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Documam Number
Signature of Applicant
wpalrmeb.tloc•,ev.5Y19n4
WAFw all,CWfim"Ccm10b P�3d3
Commonwealth of Massachusetts
Essex County Superior Court
Superior Court House _
34 Federal Street
Salem, MA 01970 2Ri 1 JUL I I Fl-
(978) 744-5500
CIVIL DOCKET# ESCV2011-00521
Great Pond Crossing LLC,
Willard D Perkins
vs.
North Andover Planning Board, John Simons, Richard Rowen, Timothy Seibert,
Courtney LaVolpicelo, Michael Colantoni, Osgood Properties LLC
CERTIFICATE OF LAST ENTRY/JUDGMENT
In the above entitled action brought by Complaint filed on 03/22/2011 the
following entries have been made on the docket as of July 11, 2011 (3:59pm):
On 07/1112011 Notice of voluntary dismissal (41a.l.i)
(seal)
Dated at Salem, Massachusetts this 11th day of July, 2011.
Thomas H. Driscoll Jr.,
Clerk of the Courts
By:.
Clerk
ioaca. not—LLs —ens a
ECEIVED
i0l: .d C'_.
COMMONWEALTH OF MASSACHUSETTS Y011 JUL I I PH 4: 11
ESSEX, SS SUPERIOR CQ;URT,:
Docket Nd I20I%-Q5ZI'
GREAT POND CROSSING,LLC and
WILLARD D.PERKINS,
Plaintiffs,
V.
NORTH ANDOVER PLANNING BOARD; JOHN
SIMONS,RICHARD ROWEN,TIMORTHY SEIBERT, FILED
COURTNEY LaVOLPICELO,AND MICHAEL IN THE SUPERIOR COURT
COLANTONI, as they are members of the North Andover FOR THE COUNTY OF ESSEX
Planning Board; and OSGOOD PROPERTIES LLC, JUL I 1 2011
Defendants
CLERK
NOTICE OF DISMISSAL
Pursuant to Mass.R.Civ.P.41(a)(1)(i),Plaintiffs Great Pond Crossing, LLC and Willard
D. Perkins hereby dismiss this action with prejudice.
Dated: June, 2011 RESPECTFULLY SUBMITTED,
WfL17ARD D. PERKINS,MANAGER
GREAT POND CROSSING,LLC
28 Andover Street
Andover,MA 01810
(978)475-5400
(Pro Se)
W Ak]:T PERKINS
28 Andover Street
Andover,MA 01810
(978)475-5400
(Pro Se)
(OA9261/063191 M SOW5.1
CERTIFICATE OF SERVICE TC
2011 JU I I -;f 11. 11
I, Willard D. Perkins,certify that I have this day served a copy o the Notice of Dismissal
on the following counsel of record for all parties represented by counsel#Ltd on defendant
Osgood Properties, LLC, by first class mail: H10 RT
MASS
Thomas J. Urbelis, Esq.
Urbelis & Fieldsteel, LLP.
155 Federal Street
Boston, MA 02110
Osgood Properties LLC .
865 Tmmpike Street
North Andover, MA 01845
Date Wi lard D. Perkins
MA926I M319I/M 1848045.11 2
Town of North Andover
3: . 7�llr ;; .�:
Office of the Planning Department 4 -2 1j
s •' Community Development and Services Division
1600 Osgood Street
r�CNO�4 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: March 1,2011
Date of Hearings: July 20,2010,Oct. 5,
2010,Nov. 16,2010,February. 15,2011,
March 1,2011
Date of Decision: March 1,2011
Petition oh Osgood Properties LLC,John Grasso,Manager
865 Turnpike Street,North Andover, MA 01845
Premises Affected: 1003 Osgood Street,North Andover,MA 01845,within the Business Two(B-2)
Zoning District,Assessors Map 35,Lot 50.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw,Section 4.136.
So as to allow: to allow the construction of 19,300 sq. ft. retail/office/restaurant complex,
including the renovation of an existing barn, with 70 total parking spaces, drainage system
network, extensive grading and landscape work within the Business Two (B-2) Zoning District
and the Watershed Protection District.
After a public hearing given on the above date, the Planning Board voted to APPROVE a
Watershed Special Permit for the Watershed Protection District, based upon the following
conditions: 1 /-
nning Board
ohn Simons,Chairman
Richard Rowen
Timothy Seibert
Courtney LaVolpicelo
Michael Colantoni
1Q03 Osgood Street,Map 35 Lot 50
Watershed Special Pennit
The Planning Board herein approves the Watershed Special Permit for the construction of 19,300
sq.R.retail/office/restaurant complex,including the renovation of an existing bam,with 70 total
parking spaces,drainage system network,extensive grading and landscape work. The site is
accessed by a Common Driveway shared with the Great Pond Crossing complex at 1025 Osgood
St.,which runs along the eastern property line. The building is located on 1003 Osgood Street,
Map 35, Lot 50 in the Business Two (B-2)Zoning District. This Special Permit was requested
by Osgood Properties LLC,John Grasso, Manager,located at 865 Turnpike Street,North
Andover,MA 01845. The application was filed with the Planning Board on June 18,2010 The
applicant submitted a complete application,which was noticed and reviewed in accordance with
Section 2.30.1,4.136, 8.1, 8.3, 8.4, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw
and MGL C.40A, Sec. 9
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw,as well
as its specific criteria, are met. This decision specifically stated by the Planning Board makes the
following FINDINGS OF FACT:
1. As a result of discussions with the Planning Board, Planning Staff and outside consultants
the applicant has significantly altered the design of the complex from that which was
originally presented. The resulting proposal limits site disturbance, provides maximum
distance from Lake Cochichewick and provides for the least amount of impact on an
environmentally sensitive area, and as provided under section 3.136 (4)(e), the Planning
Board has determined that there will not be any significant degradation of the quality and
quantity of water in or entering Lake Cochichewick.
2. The site drainage system and storm water management design are designed in accordance
with the Town Bylaw requirements and Best Management Engineering and Practices,and
the most recent version of the MA DEP Stormwater Handbook, and has been reviewed
by the outside consulting engineer, Lisa Eggleston. The applicant altered the original
drainage design to provide for maximum stormwater infiltration and has provided
adequate safeguards to mitigate pollutants from entering the Lake and the surrounding
area. See letters from L. Eggleston dated August 5, 2010, October 5, 2010, January 6,
2011,February 1,2011 and February 9, 2011.
3. The project is located within an extremely environmental sensitive area and in close
proximity to Lake Cochichewick. The final design reflects extensive discussions between
the Town and applicant to ensure the continued protection of Lake Cochichewick and the
safety and welfare of the residents of North Andover;
4. There will be no nuisance or serious hazard to vehicles or pedestrians. The shared access
way results in a better overall and cohesive plan that reduces impervious surface,
improves internal/external circulation of vehicles and pedestrians, emergency access,
eliminates one curb cut on Osgood Street, and provides for a more aesthetically pleasing
and cohesive streetscape for both projects at 1025 Osgood Street and 1003 Osgood Street.
2
10.03 Osgood Street,Map 35 Lot 50
• Watershed Special Permit
5. The reduction in parking will provide for an efficient use of parking spaces,decreases the
need for impervious surfaces and provides for a more environmentally sensitive project
design.
6. An Emergency Response Plan that describes steps to be taken by the management of the
project in cooperation with the town of North Andover in the case of an environmental
emergency has been incorporated as part of this decision.
7. The existing structure is connected to the Town sewer and water systems.
8. A deed restriction will be placed limiting the types of fertilizers that can be used on the site.
9. The topography of the site will not be altered substantially.
10. The limit of cleating is restricted to the minimum necessary to construct the proposed
addition. Grading and the construction of the parking area are located outside the 50-foot
Conservation No-Build Zone.
11. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The project will provide Town water, sewer, and utilities on the property
to adequately address the needs of the project and has been reviewed by the Division of
Public Works and the outside consulting engineer,Vanasse Hangen Brustlin, Inc.;
12. The existing lot conforms to the minimum lot area requirements for a lot within the Business
Two(B-2)Zoning District as shown in Table 2 of the North Andover Zoning By-laws.
13. As conditioned, the site is an appropriate location for the project use and proposed
structures.
14. The Planning Board also makes a specific finding that the use is in harmony with the
general purpose and intent of the North Andover Zoning Bylaw.
15. The siding,materials used, and architectural style for the retail office building shall conform
to the elevations submitted by the applicant
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following SPECIAL CONDITIONS:
Permit Definitions:
i) The"Locus"refers to the 138,729 sq. ft. parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35, lot 50,and also known as 1003 Osgood Street,
North Andover,Massachusetts.
ii) The"Plans"refer to the plans prepared by MHF Design Consultants dated June 17,
2010,revised September 22,2010, December 8, 2010, January 17, 2011, February 3,
3
141.03 Osgood Street,Map 35 Lot 50
Watershed Special Permit
2011,and February 18, 2011 entitled"Proposed Site Development Plans for Map 35
Lot 50, 1003 Osgood Street,North Andover, Massachusetts 01845'and consisting of
sheets 1 through 13.
iii) The"Project'or"1003 Osgood Street'refers to the development of 19,300 square
feet of retail/officelrestaurant space, 70 parking spaces and associated grading and
extensive landscaping work. The project includes the approval of a common
driveway for 1003 Osgood Street,Map 35,Lot 50 and 1025 Osgood Street,Map 35,
Lot 20 and depicted on Sheet 3 of the Plans. The driveway provides a shared access
road to both properties.
iv)The"Applicant'refers to Osgood Properties LLC,the applicant for the Special
Permits.
v) 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.
1. The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a Public Hearing and modification to the
Special Permit by the Planning Board. This Watershed Special Permit may only be used in
conjunction with the Special Permit for Common Driveway, Site Plan Review and Pang
for these same premises approved March 1,2011. / no'-- a
2. Prior to issuance of a building permit:�i
1A03 Osgood Street,Map 35 Lot 50
Watershed Special Permit
Salt Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations
along the Non-Disturbance Zone as approved by the Conservation Department and
shown on the herein referenced plans. Fertilizers utilized for landscaping and lawn care
shall be slow release, low-nitrogen types(< 5%), and shall not be used within 25 feet of a
resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. The applicant shall incorporate this condition as a deed restriction and
a copy of the recorded deed shall be submitted to the Town Planner and included in
the file.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and
other pertinent site features. This as-built plan shall be submitted to the Town Planner for
approval. The applicant must submit a certification from the design engineer that the site
was constructed as shown on the approved plan.
b) The Planning Board most by a majority vote make a finding that the site is in conformance
with the approved plan.
c) The approved Emergency Response Plan required under Special Conditions 7 of the March
1,2011 Site Plan Special Permit shall be submitted to the Planning Department.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the plans referenced in Special Condition 412.
5) The applicant must comply with the conditions set forth in the Site Plan Review Special Permit
approved on March 1, 2011 and the Conservation Commission Order of Conditions related to
this project.
6) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
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) Should the Project Owner transfer ownership of the project and/or property prior to
completion and submission of the final as-builts, the buyer shall meet with the Planning
Board to provide an update on the status of the project.
10)This Special Permit approval shall be deemed to have lapsed Much 1, 2013 (two years from
the date of issuance) exclusive of the time required to pursue or await determination of any
appeals, unless substantial use or construction has commenced within said two-year period.
Substantial use or construction will be determined by a majority vote of the Planning Board.
5
W3 Osgood Street,Map 35 Lot 50
Watershed Special Permit
11)The applicant is hereby notified that should the applicant disagree with this decision, the
applicant has the right under MGL Chapter 40A Section 17, to appeal this decision within
twenty days after the date this decision has been filed with the Town Clerk.
12)This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
1) Plan titled: Proposed Site Development Plans for Map 35 Lot 50
1003 Osgood Street,North Andover,Massachusetts 01845.
Prepared for: Osgood Properties LLC
865 Turnpike Street
North Andover,MA 01845
Prepared by: NW Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=20'
Date: Jane 17.2010,Revised Sept.22,2010,Dec 8,2010,Jan. 17,2011,Feb.3,
2011,Feb. 18,2011
Sheets: 1 —13 and Exhibit A,dated February 8,2011
2) Report: Storm Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MHF Design Consultants,hrc.
44 Stiles Road,Suite One
Salem,NH 03079
Date: Jane 17.2010,Revised Sept.22,2010,Oct.08,2010,Jan. 17,2011
3) Report: Operations&Maintenance Plan and Long Term Pollution Prevention Plan
Date: Jane 17,2010.Revised September 22,2010,December 8,2010,January
17,2011 and February 18,2011
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
4) Report: Trip Generation Study
Date: Jane 16,2010
5) Elevations: Osgood Properties LLC
1003 Osgood Street—Concept Elevations
Prepared by: Aninno,Inc.
Date: January 14,2011
cc: Director of Public Works
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
6
yOx�N
F, ,•;o aTown of North Andover pp i 1 MIT -2 Fa 4 10
Office of the Planning Department
Community Development and Services Divistonl p '�
1600Osgood Street
�Qduwusss
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: March 1,20011
Date of Hearing: July 20,2010,Oct. 5,
2010,Nov. 16,2010,February. 15,2011,
March 1,2011
Date of Decision: March 1,2011
Petition of: Osgood Properties LLC,John Grasso,Manager
865 Turnpike Street,North Andover,MA 01845
Premises Affected: 1003 Osgood Street,_North Andover, MA 01845, within the Business
Two(B-2)Zoning District,Assessors Map 35,Lot 50.
Referring to the above petition for a Site Plan Special Permit from the requirements of the North
Andover Zoning Bylaw, Sections 2.30.1, 8.1, 8.3, 8.4, 10.3,and 10.31 and MGL C.40A, Sec. 9
So as to allow: to allow the construction of 19,300 sq. ft. retail/office/restaurant complex,
including the renovation of an existing barn, with 70 total parking spaces, drainage system
network,extensive grading and landscape work within the Business Two (B-2)Zoning District.
After a public hearing given on the above date, the Planning Board voted to APPROVE a Site
Plan Special Permit, a Common Driveway Special Permit and an Off-Street Parking
Special Permit based upon the following conditions:
rth Andover Pl#hning Board
hn Simons, Chai man
Richard Rowen
Timothy Seibert
Courtney LaVolpicelo
Michael Colantoni
.. 1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
The Planning Board herein approves the Site Plan Special Permit, Parking Special Permit and
Common Driveway Special Permit for the construction of 19,300 sq. ft. retail/office/restaurant
complex, including the renovation of an existing bam, with 70 total parking spaces, drainage
system network, extensive grading and landscape work. The site is accessed by a Common
Driveway shared with the Great Pond Crossing complex at 1025 Osgood St., which runs along
the eastern property line. The building is located on 1003 Osgood Street, Map 35, Lot 50 in the
Business Two (B-2) Zoning District. This Special Permit was requested by Osgood Properties
LLC, John Grasso, Manager, located at 865 Turnpike Street, North Andover, MA 01845. The
application was filed with the Planning Board on June 18, 2010. The applicant submitted a
complete application, which was noticed and reviewed in accordance with Section 2.30.1, 8.1,
8.3, 8.4, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaws Section 2.30.1, 8.1, 8.3, 8.4,and 10.31:
FINDINGS OF FACT:
1) As a result of discussions with the Planning Board, Planning Staff and outside consultants.
the applicant has significantly altered the design of the complex from that which was
originally presented. The resulting proposal limits site disturbance, provides maximum
distance from Lake Cochichewick and provides for the least mount of impact on an
environmentally sensitive area.
2) The proposal also includes the preservation of an historic barn, leaving the barn in its current
position. The final design of the complex provides for an integration of the barn with the
new addition and also provides design integration with the surrounding commercial
properties, in particular the Great Pond Crossing complex located at 1025 Osgood St.
3) The application was reviewed by the Town's civil engineering consultants, VHB, who
reviewed the project for conformance with the Town's Zoning Bylaw and also reviewed the
Trip Generation Study submitted by the applicant and written by Demount Kelly, dated June
16, 2010. The final project reflects changes to the traffic pattern within the site, a relocation
of parking spaces away from the environmentally sensitive areas and the use of a common
driveway that will be shared with the development at 1025 Osgood St. See VHB letters dated
July 26,2010,November 5, 2010 and February 11,2011.
4) The site drainage system and storm water management design are designed in accordance
with the Town Bylaw requirements and Best Management Engineering and Practices, and the
most recent version of the MA DEP Stormwater Handbook, and has been reviewed by the
outside consulting engineer, Lisa Eggleston. The applicant altered the original drainage
design to provide for maximum stormwater infiltration and has provided adequate safeguards
to mitigate pollutants from entering the Lake and the surrounding area. See letters from L.
Eggleston dated August 5, 2010, October 5, 2010, January 6, 2011, February 1, 2011 and
February 9,2011.
2
.. 1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
5) An Emergency Response Plan that describes steps to be taken by the management of the
project in cooperation with the town of North Andover in the case of an environmental
emergency has been incorporated as part of this decision.
6) The project is located within an extremely environmental sensitive area and in close
proximity to Lake Cochichewick. The final design reflects extensive discussions between the
Town and applicant to ensure the continued protection of Lake Cochichewick and the safety
and welfare of the residents of North Andover, and as provided under section 4.136 (4)(e),
the Planning Board has determined that there will not be any significant degradation of the
quality and quantity of water in or entering Lake Cochichewick.
7) The shared access way results in a better overall and cohesive plan that improves
internal/external circulation of vehicles and pedestrians, emergency access, eliminates one
curb cut on Osgood Street, and provides for a more aesthetically pleasing and cohesive
streetscape for both projects at 1025 Osgood Street and 1003 Osgood Street.
8) The reduction in parking will provide for an efficient use of parking spaces, decreases the
need for impervious surfaces and provides for a more environmentally sensitive project
design.
9) The use as proposed will not adversely affect the neighborhood, as the proposal is designed
to complement the adjacent development at 1025 Osgood St., Great Pond Crossing.
10)There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has
demonstrated that (1) the proposed access and egress point from Great Pond Road will not
significantly increase traffic flow or volumes and (2) the parking design provides for
adequate traffic flow, safety, and sufficient pedestrian connections throughout the project.
11)The project meets the requirements of Section 2.30.1, 8.1, 8.3 and 8.4, of the North Andover
Zoning Bylaw,with the exception of the following waivers:
A) Section 8.3.5.e.xxii: Fiscal Impact Statement. In lieu of the Fiscal impact Statement, the
applicant has provided information that addresses the fiscal impact of the proposed
commercial development and the Planning Board has found that the development
provides potential benefits to the community.
B) Section 8.3.5.e.xxiii: Community Impact Statement. In lieu of the Community Impact
Statement, the applicant has provided information that addresses the impact of the
proposed commercial development on the community and the Planning Board has found
that the development is in harmony with the surrounding commercial area.
C) Section 8.3.5.e.xix: Traffic Impact Analysis. In lieu of the Traffic Impact Statement, the
applicant has provided a traffic report prepared by Dermott Kelly, dated June 24, 2010.
The report contains information on site-generated traffic volume, which addresses the
3
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
requirement for site specific traffic impacts.
D) Section 8.4.2 Screening and Landscaping Requirements for Off-Street Commercial and
Industrial Districts. The applicant is proposing a landscaped area in the front of the
property that does not run the entire length of the front setback area, because of the need
to preserve sight-lines along Route 125. The Board grants a waiver under Section 8.1.8,
due to the sensitive environmental area and the need to reduce the overall footprint of the
site.
E) Reduction in parking section and modification of design standards 8.1.8: The applicant is
proposing 70 parking spaces, a reduction of 35% from the number of required spaces,
along with modifications to the aisle width. The Board finds that this reduction is
appropriate for this development, based on the following:
a) There is an opportunity to share parking spaces with the adjacent development at
1025 Osgood St.
b) The applicant has made an effort to minimize site disturbance in an area close to Lake
Cochicewick, and has reduced the footprint of the entire site, including reducing the
number of parking spaces.
c) The uses that are being proposed (office and restaurant) provide for a sharing of
puking spaces based on hours of operation.
d) The parking and aisle layout provides for adequate circulation for emergency and
other vehicles within and around the site.
12)The Conservation Commission closed the Public Hearing for the project on February 9, 2011
and has issued an Order of Conditions.
13)Adequate and appropriate facilities will be provided for the proper operation of the proposed
use. The project will provide Town water, sewer, and utilities on the property to adequately
address the needs of the project and has been reviewed by the Division of Public Works and
the outside consulting engineers,Vanasse Hangen Brustlin,Inc and Lisa Eggleston.
14)The Common Driveway provides safe and convenient access to the site and is subject to a
recorded maintenance agreement as required under section 2.30.1 of the Bylaws.
Finally the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Sections 2.30.1, 8.1, 8.3 and 8.4, 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:
Permit Definitions:
i) The"Locus"refers to the 138,729 sq. ft.parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35,lot 50,and also known as 1003 Osgood Street,
North Andover, Massachusetts.
4
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
ii) The"Plans"refer to the plans prepared by MHF Design Consultants dated June 17,
2010,revised September 22,2010, December 8,2010,January 17, 2011, February 3,
2011,and February 18,2011 entitled"Proposed Site Development Plans for Map 35
Lot 50, 1003 Osgood Street,North Andover,Massachusetts 01845"and consisting of
sheets 1 through 13.
iii) The"Project"or"1003 Osgood Street'refers to the development of 19,300 square
feet of retail/office/restaurant space, 70 parking spaces and associated grading and
extensive landscaping work. The project includes the creation of a common driveway
for 1003 Osgood Street, Map 35, Lot 50 and 1025 Osgood Street,Map 35,Lot 20 and
depicted on Sheet 3 of the Plans. The driveway will provide a shared access road to
both properties.
iv)The"Applicant"refers to Osgood Properties LLC,the applicant for the Special
Permits.
v) 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.
1) Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
A) The developer shall designate an independent Environmental Monitor who shall be
chosen in consultation with the Planning and Community Development Staff. This
monitor shall be the same environmental professional required by the Conservation
Commission, per their Order of Condition, March 1, 2011. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Planning Board
designated official. The Environmental Monitor shall make weekly inspections of the
project and file weekly reports, as specified in the Order of Conditions and the Planning
Board's Special Permit decision, to the Planning Board throughout the duration of the
project. The monthly reports shall detail area of non-compliance, if any and actions taken
to resolve these issues. The designated monitor may not be applicant and/or developer.
B) All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan and Long Tenn Pollution Prevention Plan and Erosion
and Sediment Control Plan for Stormwater Management Systems submitted to the
Conservation Commission and to the Planning Board and incorporated in the
Conservation Commission's Order of Conditions and the Planning Board's Special
Permit. The approved Operation and Maintenance Plan and Long Term Pollution
Prevention Plan for Stormwater Management Systems is fully binding upon the applicant
and/or owners, successors, agents, associations, heirs and assigns and must be adhered to
in perpetuity
C) The applicant shall designate an independent construction monitor who shall be chosen in
5
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
consgltation with the Planning Department. The construction monitor must be available
upon four(4)hours notice to inspect the site with the Planning Board designated official.
The construction monitor shall make weekly inspections of the project and file monthly
reports to the Planning Board throughout the duration of the project. The monthly reports
shall detail area of non-compliance, if any, and actions taken to resolve these issues.
D) The conditions of the Common Driveway Easement, dated October 10, 2006 and
recorded at the Northern Essex Registry of Deeds, Book 10431, Page 325, shall be
incorporated into and be made a part of this decision.
E) The Architectural Design Elevations from Annino Inc., dated January 14, 2011, as
presented by the applicant at the Planning Board meeting on February 15, 2011, shall be
incorporated as part of this decision. Substantial changes to the design shall be reviewed
by the Planning Board.
F) The final plans must be reviewed and approved by the DPW and the Planning
Department and be endorsed by the Planning Board. The final plans must be submitted
for review within ninety (90) days. Failing submission of required final plans within 90
days will render this Special Permit null and void. The applicant may request an
extension of this condition.
G) If applicable, the applicant must supply a copy of the approved Massachusetts Highway
Department permits necessary for construction of the site to the Planning Department.
H) Confirmatory soil testing will be conducted at the proposed infiltration system #2, as
noted on the Plans. The results of this soil testing will be provided to both the Planning
and Conservation Staff.
2) Prior to the start of construction:
A) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
B) All applicable erosion control measures as shown on the plan must be in place and
reviewed and approved by the Planning Department.
C) It shall be the responsibility of the developer to assure that no erosion on the site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public
ways, except as normally ancillary to off-site sewer or other off-site construction. Off-
site erosion will be a basis for the Planning Board making a finding that the project is not
in compliance with the plan; provided, however, that the Planning Board shall give the
developer written notice of any such finding and ten days to cure said condition.
6
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown
on the plan. The Planning Department must be contacted prior to any cutting and or
clearing on site.
E) A pre-construction meeting must be held with the developer, their construction
employees, Planning Department, and Conservation Department to discuss scheduling of
inspections and inspections to be conducted on the project.
F) The applicant shall provide the Planning Board with copies of permits, plans and
decisions received from the Conservation Commission. Should the Town Planner find
that plans approved by the Conservation Commission substantially differ from the
approved plans of the Planning Board; the Planting Board reserves the right to require
the developer to present the changes through a public hearing to the Planning Board for a
Modification to Site Plan approval.
G) The applicant shall provide copies of required approvals from both the Federal Aviation
Administration(FAA) and the Aeronautics Division of MassDOT.
H) A site opening/erosion control bond shall be in the total amount of fifteen thousand
dollars ($15,000) for the purpose of covering any contingencies that might affect the
public welfare such as site opening, clearing, erosion control and performance of any
other condition contained herein. The Guarantee shall be in the form of a bond
acceptable to the Town and made payable to the Town of North Andover escrow account.
Upon fiddling the requirements under said bond, the said bond amount will be rolled
over to Condition 7(1).
1) A bond in the amount of fifteen thousand dollars ($15,000) must be posted for the
purpose of insuring that a final as-built plan showing the location of all on-site utilities,
structures, curb cuts, parking spaces, topography, and drainage facilities are submitted.
The bond is also in place to insure that the site is constructed in accordance with the
approved plan. This bond should be in the form acceptable to the Town and made
payable to the Town of North Andover escrow account.
J) A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the
purpose of covering any contingencies or emergency situations that may degrade or
impact the quality of the Town's drinking water supply, Lake Cochichewick. The
Guarantee shall be in the form of a bond acceptable to the Town made payable to the
Town of North Andover escrow account and will be held in perpetuity. Should the
property be sold or transferred, the Planning Department will require that a bond be
posted by the new owner and to be held in perpetuity. Said bond will only be utilized for
the purposes stated above.
3) Prior to the issuance of a Building Permit:
A) Three (3) copies of the signed, recorded plans must be delivered to the Planning
Department.
7
.. 1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
B) One certified copy of the recorded decision must be submitted to the Planning
Department.
C) The applicant shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and
hydraulic calculations for each commercial system shall be submitted for review
and approval by the North Andover Fire Department. Plans and hydraulic
calculations for each commercial system must also be supplied to the Building
Department.
D) To ensure the continued protection of the health and welfare of the residents of North
Andover and lessen the probability and possibility of contamination and incident to the
Town's primary source of drinking,the applicant shall be required to submit to the Planning
Department a comprehensive Emergency Response Plan and Maintenance Procedures, The
Planning Board shall review and approve said plan The final plans must be submitted for
review within ninety (90) days of filing the decision with the Town Clerk. Failing
submission of required Emergency Response Plan within 90 days will render this Special
Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be
distributed to the Town's Fire Department,Police Department,Planning Department, and
the project site where the documcm(s)will be kept on file and easily accessible in case of
an emergency.
4) During construction:
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as
directed by the Town Planner,throughout the construction process.
B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt,
wood, construction material, etc.) and must be shown on a plan and reviewed and
approved by the Town Planner. The developer will make every effort to locate stockpiles
on the site away from the Lake Cochichewick. Any approved piles must remain covered
at all times to minimize potential dust and be required to install appropriate erosion
control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to
remain for longer than one week must be fenced off and be seeded.
C) In an effort to reduce noise levels, the developer shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from the
structures or site.
D) The Town Planner will perform bi-weekly inspections of the site during construction to
ensure that the developer is adhering to the conditions set forth in the decision.
5) Prior to the issuance of a Certificate of Occupancy:
8
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Pennits
A) The applicant must submit a letter from the architect and engineer of the project stating that
the building, signs,landscaping, lighting and site layout substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board. Alternatively,the
applicant and/or property owner may provide a bond, determined by the Planning Board,to
cover the full amount of the landscaping materials and installation if weather conditions do
not permit the completion of the landscaping prior to anticipated occupancy.
B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All
lighting shall have underground wiring and shall be so arranged that all direct rays from
such lighting falls entirely within the site and shall be shielded or recessed so as not to
shine upon abutting properties or streets. The Planning Staff shall review the site. Any
changes to the approved lighting plan as may be reasonably required by the Planning
Staff shall be made at the owners expense. All site lighting shall provide security for the
site and structures however it most not create any glare or project any light onto adjacent
residential properties.
C) The commercial fire sprinkler systems must be installed in accordance with referenced
standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts
State Building Code. Certification that the systems have been installed properly in
accordance with the above referenced regulations must be provided from both the North
Andover Fire Department and the North Andover Building Department to the applicant.
The applicant must then provide this certification to the North Andover Planning
Department.
D) Emergency Response Plan to be filed and posted in obvious place such as Fire Department,
Police Department and Planning Department.
E) The applicant must submit proof of contract to the Conservation and the Planning
Department in the form of a written and signed document from the assignee(s)
responsible for conducting the perpetual site maintenance in accordance with the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan for
Stormwater Management Systems and perpetual conditions mandated in Conservation
Commission's Order of Conditions. In addition to this contract, the applicant shall
submit an Affidavit from the assignee (s) acknowledging the Stormwater Operation &
Maintenance responsibilities of the stormwater management systems in accordance with
the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan
for Stormwater Management Systems and other perpetual conditions mandated in this
Decision and in the Order of Conditions.
6) Prior to the final release of all security and escrowed funds:
A) The Planning Staff shall review the site. Any screening as may be reasonably required by
the Planning Staff will be added at the Project Owner's expense.
9
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
B) A final as-built plan showing final topography, the location of all on-site utilities,
structures, curb cuts, parking spaces, and drainage structures and facilities must be
submitted to the Planning Department. The applicant must submit a letter from the
architect and engineer of the project stating said items substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
7)General conditions:
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved
in this decision that die must be replaced by the project owner in perpetuity.
B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and
preserve the natural features of the site.
C) The emergency shear gate valves located at the infiltration system should be tested twice
yearly to insure that they are in working condition. The test reports are to be submitted to
the Planning Office for review.
D) Snow removal may be stored on the designated storages areas shown on said plans
referenced below to the extent possible, but must be trucked off site whenever snow
exceeds on-site storage capacity.
E) No road salt, sodium chloride,or other de-icing chemicals shall be used on paved surfaces
in the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. In addition, permanent signs designating "No-Salt
Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations along the
Non-Disturbance Zone as approved by the Conservation Department and shown on the
herein referenced plans.
F) Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(<50/6), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition with the title
of the property and shall remain in perpetuity.
G) Should the Project Owner transfer ownership of the project and/or property prior to the
completion of the project and the submission of as-builts, the buyer shall meet with the
Planning Board to provide an update on the status of the project.
H) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
I) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
J) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday
through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
10
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
K) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
L) No underground fuel storage shall be installed.
M) 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.
N) Depending on the allowed uses, the Planning Board reserves the right to modify the form
and frequency of water quality and maintenance testing and inspection.
O) Any action by a Town Board, Commission, or Department, which requites changes in the
plan or design of the building, as presented to the Planning Board, may be subject to
modification by the Planning Board.
P) 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.
Q) This Special Permit approval shall be deemed to have lapsed two years after the date of
the grant of this special permit (March 1, 2013), exclusive of the time required to pursue
or await determination of any appeals, unless substantial use or construction has
commenced within said two year period or for good cause. For purposes of this
development, the developer shall be deemed to have undertaken substantial use or
construction if the developer has installed 100%of the designed drainage system.
R) This Site Plan Review Special Permit approval is based upon the following information
which is incorporated into this decision by reference:
1) Plan titled: Proposed Site Development Plans for Map 35 Lot 50
1003 Osgood Street,North Andover,Massachusetts 01845.
Prepared for: Osgood Properties LLC
865 Turnpike Street
North Andover,MA 01845
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=20'
Date: June 17.2010,Revised Sept.22,2010,Dec 8,2010,Jan. 17,2011,Feb.3,
2011,Feb. 18,2011
Sheets: 1-13 and Exhibit A,dated February 8,2011
2) Report: Storm Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MBF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
11
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
Date: Jane 17. 2010, Revised Sept. 22, 2010, Oct. 08, 2010, Jan. 17, 2011
3) Report: Operations&Maintenance Plan and Long Term Pollution Prevention Plan
Date: June 17,2010.Revised September 22,2010,December 8,2010,January
17,2011 and February 18,2011
Prepared by: WE Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
4) Report: Storm Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Date: June 17.2010,Revised Sept.22,2010,Oct.08,2010,Jan. 17,2011
5) Elevations: Osgood Properties LLC
1003 Osgood Street—Concept Elevations
Prepared by: Aninno,Inc.
Date: January 14,2011
cc: Director of Public Works
Building Inspector
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
12
Town of North Andover
n
Office of the Planning Department DLII 2 Pti 4 10
Community Development and Services Division 10
1600 Osgood fro
�asususE< S
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: March 1,2011
Date of Hearings: July 20,2010,Oct. 5,
2010,Nov. 16,2010,February. 15,2011,
March 1,2011
Date of Decision: March 1,2011
Petition of: Osgood Properties LLC,John Grasso,Manager
865 Turnpike Street,North Andover,MA 01845
Premises Affected: 1003 Osgood Street,North Andover,MA 01845,within the Business Two(B-2)
Zoning District,Assessors Map 35,Lot 50.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw,Section 4.136.
So as to allow: to allow the construction of 19,300 sq. ft. retail/office/restaurant complex,
including the renovation of an existing bam, with 70 total parking spaces, drainage system
network, extensive grading and landscape work within the Business Two (B-2) Zoning District
and the Watershed Protection District.
After a public hearing given on the above date, the Planning Board voted to APPROVE a
Watershed Special Permit for the Watershed Protection District, based upon the following
conditions:
A L�
tolanning Board
hn Simons,Chaitn
Richard Rowen
Timothy Seibert
Courtney LaVolpicelo
Michael Colantom
This is to sedcerlity that
attwenty decision,
days
have elapsed from date of tlecislon,filed
without fling of an peal.
Date �B y LJf AM
Joyce A.Bratlahaw
Town Clerk
1003 Osgood Street,Map 35 Lot 50
Watershed Special Permit
The Planning Board herein approves the Watershed Special Permit for the construction of 19,300
sq. ft. retail/office/restaurant complex,including the renovation of an existing bam,with 70 total
parking spaces, drainage system network,extensive grading and landscape work. The site is
accessed by a Common Driveway shared with the Great Pond Crossing complex at 1025 Osgood
St.,which runs along the eastern property line. The building is located on 1003 Osgood Street,
Map 35,Lot 50 in the Business Two(3-2)Zoning District. This Special Permit was requested
by Osgood Properties LLC,John Grasso, Manager,located at 865 Turnpike Street,North
Andover,MA 01845. The application was filed with the Planning Board on June 18,2010 The
applicant submitted a complete application,which was noticed and reviewed in accordance with
Section 2.30.1,4.136, 8.1, 8.3, 8.4, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw
and MGL C.40A, Sec. 9
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw,as well
as its specific criteria, are met. This decision specifically stated by the Planning Board makes the
following FINDINGS OF FACT:
1. As a result of discussions with the Planning Board,Planning Staff and outside consultants
the applicant has significantly altered the design of the complex from that which was
originally presented. The resulting proposal limits site disturbance, provides maximum
distance from Lake Cochichewick and provides for the least amount of impact on an
environmentally sensitive area, and as provided under section 3.136 (4)(e), the Planning
Board has determined that there will not be any significant degradation of the quality and
quantity of water in or entering Lake Cochichewick.
2. The site drainage system and storm water management design are designed in accordance
with the Town Bylaw requirements and Best Management Engineering and Practices, and
.the most recent version of the MA DEP Stormwater Handbook, and has been reviewed
by the outside consulting engineer, Lisa Eggleston. The applicant altered the original
drainage design to provide for maximum stormwater infiltration and has provided
adequate safeguards to mitigate pollutants from entering the Lake and the surrounding
area. See letters from L. Eggleston dated August 5, 2010, October 5, 2010, January 6,
2011,February 1,2011 and February 9,2011.
3. The project is located within an extremely environmental sensitive area and in close
proximity to Lake Cochichewick. The final design reflects extensive discussions between
the Town and applicant to ensure the continued protection of Lake Cochichewick and the
safety and welfare of the residents of North Andover;
4. There will be no nuisance or serious hazard to vehicles or pedestrians. The shared access
way results in a better overall and cohesive plan that reduces impervious surface,
improves internal/external circulation of vehicles and pedestrians, emergency access,
eliminates one curb cut on Osgood Street, and provides for a more aesthetically pleasing
and cohesive streetscape for both projects at 1025 Osgood Street and 1003 Osgood Street.
2
1003 Osgood Street,Map 35 Lot 50
Watershed Special Permit
5. The reduction in parking will provide for an efficient use of parking spaces, decreases the
need for impervious surfaces and provides for a more environmentally sensitive project
design.
6. An Emergency Response Plan that describes steps to be taken by the management of the
project in cooperation with the town of North Andover in the case of an environmental
emergency has been incorporated as part of this decision.
7. The existing structure is connected to the Town sewer and water systems.
8. A deed restriction will be placed limiting the types of fertilizers that can be used on the site.
9. The topography of the site will not be altered substantially.
10. The limit of clearing is restricted to the minimum necessary to construct the proposed
addition. Grading and the construction of the parking area are located outside the 50-foot
Conservation No-Build Zone.
11. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The project will provide Town water, sewer, and utilities on the property
to adequately address the needs of the project and has been reviewed by the Division of
Public Works and the outside consulting engineer,Vanasse Hangen Brasilia,Inc.;
12. The existing lot conforms to the minimum lot area requirements for a lot within the Business
Two(B-2)Zoning District as shown in Table 2 of the North Andover Zoning By-laws.
13. As conditioned, the site is an appropriate location for the project use and proposed
structures.
14. The Planning Board also makes a specific finding that the use is in harmony with the
general purpose and intent of the North Andover Zoning Bylaw.
15. The siding,materials used, and architectural style for the retail office building shall conform
to the elevations submitted by the applicant
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the
following SPECIAL CONDITIONS:
Permit Definitions:
i) The"Locus"refers to the 138,729 sq. ft.parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35, lot 50, and also known as 1003 Osgood Street,
North Andover,Massachusetts.
ii) The"Plans"refer to the plans prepared by MHF Design Consultants dated June 17,
2010,revised September 22, 2010,December 8,2010,January 17,2011, February 3,
3
1003 Osgood Street,Map 35 Lot 50
Watershed Special Permit
2011, and February 18, 2011 entitled "Proposed Site Development Plans for Map 35
Lot 50, 1003 Osgood Street,North Andover,Massachusetts 01845'and consisting of
sheets 1 through 13.
iii) The"Project'or"1003 Osgood Street'refers to the development of 19,300 square
feet of retail/office/restaurant space, 70 parking spaces and associated grading and
extensive landscaping work. The project includes the approval of a common
driveway for 1003 Osgood Street, Map 35,Lot 50 and 1025 Osgood Street, Map 35,
Lot 20 and depicted on Sheet 3 of the Plans. The driveway provides a shared access
road to both properties.
iv)The"Applicant'refers to Osgood Properties LLC,the applicant for the Special
Permits.
v) 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.
1. The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a Public Hearing and modification to the
Special Permit by the Planning Board. This Watershed Special Permit may only be used in
conjunction with the Special Permit for Common Driveway, Site Plan Revie}v and Pm'iirrg.-�
for these same premises approved March 1, 2011rMeo
z, h
2. Prior to issuance of a building permit:,-rive �
a) A performance guarantee bond ofAeee thousand dollars ($5,000.00)made out to thelfowii'-
of North Andover must be posted to insure that the construction, erosion control,me es;;r�
and performance of any other condition contained herein will take place in acconlancei3O
with the plans and the conditions of this decision and to ensure that the as-built plans-will be
submitted.
b) Three (3) copies of the signed, recorded plans must be delivered to the Planning
Department.
c) One certified copy of the recorded decision must be submitted to the Planning
Department.
d) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner and Conservation Department. Weekly inspections of all erosion control
measures will be completed by the designated independent Environmental Monitor and
incorporated into the weekly reports as part of Special Condition (1) of the approved
March 1,2011 Site Plan Review Special Permit.
e) No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due
to the importance of the site and wetlands. In addition,permanent signs designating"No-
4
1003 Osgood Street,Map 35 Lot 50
Watershed Special Permit
Salt Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations
along the Non-Disturbance Zone as approved by the Conservation Department and
shown on the herein referenced plans. Fertilizers utilized for landscaping and lawn care
shall be slow release, low-nitrogen types(< 5%), and shall not be used within 25 feet of a
resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. The applicant shall incorporate this condition as a deed restriction and
a copy of the recorded deed shall be submitted to the Town Planner and included in
the tile.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and
other pertinent site features. This as-built plan shall be submitted to the Town Planner for
approval. The applicant must submit a certification from the design engineer that the site
was constructed as shown on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance
with the approved plan.
c) The approved Emergency Response Plan required under Special Conditions 7 of the March
1,2011 Site Plan Special Permit shall be submitted to the Planning Department.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the plans referenced in Special Condition#12.
5) The applicant must comply with the conditions set forth in the Site Plan Review Special Pemtit
approved on March 1, 2011 and the Conservation Commission Order of Conditions related to
this project.
6) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
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) Should the Project Owner transfer ownership of the project and/or property prior to
completion and submission of the final as-builts, the buyer shall meet with the Planning
Board to provide an update on the status of the project.
10)This Special Permit approval shall be deemed to have lapsed March 1, 2013 (two years from
the date of issuance) exclusive of the time required to pursue or await determination of any
appeals, unless substantial use or construction has commenced within said two-year period.
Substantial use or construction will be determined by a majority vote of the Planning Board.
5
1.003 Osgood Street,Map 35 Lot 50
Watershed Special Permit
11)The applicant is hereby notified that should the applicant disagree with this decision, the
applicant has the right under MGL Chapter 40A Section 17, to appeal this decision within
twenty days after the date this decision has been filed with the Town Clerk.
12)This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
I) Plantitled: Proposed Site Development Plans for Map 35 Lot 50
1003 Osgood Street,North Andover,Massachusetts 01845.
Prepared for: Osgood Properties LLC
865 Turnpike Street
North Andover,MA 01845
Prepared by: MIF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=20'
Date: June 17.2010,Revised Sept.22,2010,Dec 8,2010,Jan. 17,2011,Feb.3,
2011,Feb. 18,2011
Sheets: 1-13 and Exhibit A,dated February 8,2011
2) Report: Storm Water Management Report
Prepared for. Osgood Properties LLC
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Date: Jane 17.2010,Revised Sept.22,2010,Oct.08,2010,Jan. 17,2011
3) Report: Operations&Maintenance Plan and Long Term Pollution Prevention Plan
Date: June 17,2010.Revised September 22,2010,December 8,2010,January
17,2011 and February 18,2011
Prepared by: MIF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
4) Report: Trip Generation Study
Date: Jane 16,2010
5) Elevations: Osgood Properties LLC
1003 Osgood Street—Concept Elevations
Prepared by: Aninno,Inc.
Date: January 14,2011
cc: Director of Public Works
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
6
O' NOxTh q4 Town of North And
3�• 1�••`'•�< over 2CIIMAR -2 Pt 4: 10
Office of the Planning Department
Community Development and Services DivisionlOR-ji t i;,,;.
1600 Osgood Street MASSAGI. :i.l 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: March 1,20011
Date of Hearing: July 20,2010, Oct. 5,
2010,Nov. 16,2010,February. 15,2011,
March 1,2011
Date of Decision: March 1,2011
Petition of: Osgood Properties LLC,John Grasso,Manager
865 Turnpike Street,North Andover,MA 01845
Premises Affected: 1003 Osgood Street,North Andover, MA 01845, within the Business
Two (B-2)Zoning District,Assessors Map 35,Lot 50.
Referring to the above petition for a Site Plan Special Permit from the requirements of the North
Andover Zoning Bylaw, Sections 2.30.1, 8.1, 8.3, 8.4, 10.3,and 10.31 and MGL C.40A, Sec. 9
So as to allow: to allow the construction of 19,300 sq. ft. retail/office/restaurant complex,
including the renovation of an existing bath, with 70 total parking spaces, drainage system
network, extensive grading and landscape work within the Business Two (B-2)Zoning District.
After a public hearing given on the above date, the Planning Board voted to APPROVE a Site
Plan Special Permit, a Common Driveway Special Permit and an Off-Street Parking
Special Permit based upon the following conditions:
rth Andover PI ning Board
hn Simons, Chat
Richard Rowen
Timothy Seibert
Courtney LaVolpicelo
Michael Colantoni
.. 1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
The Planning Board herein approves the Site Plan Special Permit, Parking Special Permit and
Common Driveway Special Permit for the construction of 19,300 sq. ft. retail1office/restaurant
complex, including the renovation of an existing barn, with 70 total parking spaces, drainage
system network, extensive grading and landscape work. The site is accessed by a Common
Driveway shared with the Great Pond Crossing complex at 1025 Osgood St., which runs along
the eastern property line. The building is located on 1003 Osgood Street, Map 35, Lot 50 in the
Business Two (B•2) Zoning District. This Special Permit was requested by Osgood Properties
LLC, John Grasso, Manager, located at 865 Turnpike Street, North Andover, MA 01845. The
application was filed with the Planning Board on June 18, 2010. The applicant submitted a
complete application, which was noticed and reviewed in accordance with Section 2.30.1, 8.1,
8.3, 8.4, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaws Section 2.30.1,8.1, 8.3, 8.4, and 10.31:
FINDINGS OF FACT:
1) As a result of discussions with the Planning Board, Planning Staff and outside consultants.
the applicant has significantly altered the design of the complex from that which was
originally presented. The resulting proposal limits site disturbance, provides maximum
distance from Lake Cochichewick and provides for the least mount of impact on an
environmentally sensitive area.
2) The proposal also includes the preservation of an historic barn, leaving the barn in its current
position. The final design of the complex provides for an integration of the barn with the
new addition and also provides design integration with the surrounding commercial
properties,in particular the Great Pond Crossing complex located at 1025 Osgood St.
3) The application was reviewed by the Town's civil engineering consultants, VHB, who
reviewed the project for conformance with the Town's Zoning Bylaw and also reviewed the
Trip Generation Study submitted by the applicant and written by Dermott Kelly, dated June
16, 2010. The final project reflects changes to the traffic pattern within the site, a relocation
of parking spaces away from the environmentally sensitive areas and the use of a common
driveway that will be shared with the development at 1025 Osgood St. See VHB letters dated
July 26,2010,November 5, 2010 and February 11,2011.
4) The site drainage system and storm water management design are designed in accordance
with the Town Bylaw requirements and Best Management Engineering and Practices, and the
most recent version of the MA DEP Stormwater Handbook, and has been reviewed by the
outside consulting engineer, Lisa Eggleston. The applicant altered the original drainage
design to provide for maximum stormwater infiltration and has provided adequate safeguards
to mitigate pollutants from entering the Lake and the surrounding area. See letters from L.
Eggleston dated August 5, 2010, October 5, 2010, January 6, 2011, February 1, 2011 and
February 9,2011.
2
.. 1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
5) An Emergency Response Plan that describes steps to be taken by the management of the
project in cooperation with the town of North Andover in the case of an environmental
emergency has been incorporated as part of this decision.
6) •The project is located within an extremely environmental sensitive area and in close
proximity to Lake Cochichewick. The final design reflects extensive discussions between the
Town and applicant to ensure the continued protection of Lake Cochichewick and the safety
and welfare of the residents of North Andover, and as provided under section 4.136 (4)(c),
the Planning Board has determined that there will not be any significant degradation of the
quality and quantity of water in or entering Lake Cochichewick.
7) The shared access way results in a better overall and cohesive plan that improves
internal/external circulation of vehicles and pedestrians, emergency access, eliminates one
curb cut on Osgood Street, and provides for a more aesthetically pleasing and cohesive
streetscape for both projects at 1025 Osgood Street and 1003 Osgood Street.
8) The reduction in parking will provide for an efficient use of parking spaces, decreases the
need for impervious surfaces and provides for a more environmentally sensitive project
design.
9) The use as proposed will not adversely affect the neighborhood, as the proposal is designed
to complement the adjacent development at 1025 Osgood St., Great Pond Crossing.
10)There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has
demonstrated that (1) the proposed access and egress point from Great Pond Road will not
significantly increase traffic flow or volumes and (2) the parking design provides for
adequate traffic flow,safety, and sufficient pedestrian connections throughout the project.
11)The project meets the requirements of Section 2.30.1, 8.1, 8.3 and 8.4, of the North Andover
Zoning Bylaw,with the exception of the following waivers:
A) Section 8.3.5.e.xxii: Fiscal Impact Statement. In lieu of the Fiscal Impact Statement, the
applicant has provided information that addresses the fiscal impact of the proposed
commercial development and the Planning Board has found that the development
provides potential benefits to the community.
B) Section 8.3.5.e.xxiii: Community Impact Statement. In lieu of the Community Impact
Statement, the applicant has provided information that addresses the impact of the
proposed commercial development on the community and the Planning Board has found
that the development is in harmony with the surrounding commercial area.
C) Section 8.3.5.e.xix: Traffic Impact Analysis. In lieu of the Traffic Impact Statement, the
applicant has provided a traffic report prepared by Dermott Kelly, dated June 24, 2010.
The report contains information on site-generated traffic volume, which addresses the
3
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
requirement for site specific traffic impacts.
D) Section 8.4.2 Screening and Landscaping Requirements for Off-Street Commercial and
Industrial Districts. The applicant is proposing a landscaped area in the front of the
property that does not ran the entire length of the front setback area, because of the need
to preserve sight-lines along Route 125. The Board grants a waiver under Section 8.1.8,
due to the sensitive environmental area and the need to reduce the overall footprint of the
site.
E) Reduction in parking section and modification of design standards 8.1.8: The applicant is
proposing 70 parking spaces, a reduction of 35% from the number of required spaces,
along with modifications to the aisle width. The Board finds that this reduction is
appropriate for this development,based on the following:
a) There is an opportunity to share parking spaces with the adjacent development at
1025 Osgood St.
b) The applicant has made an effort to minimize site disturbance in an area close to Lake
Cochicewick, and has reduced the footprint of the entire site, including reducing the
number of parking spaces.
c) The uses that are being proposed (office and restaurant) provide for a sharing of
parking spaces based on hours of operation.
d) The parking and aisle layout provides for adequate circulation for emergency and
other vehicles within and around the site.
12)The Conservation Commission closed the Public Hearing for the project on February 9, 2011
and has issued an Order of Conditions.
13)Adequate and appropriate facilities will be provided for the proper operation of the proposed
use. The project will provide Town water, sewer, and utilities on the property to adequately
address the needs of the project and has been reviewed by the Division of Public Works and
the outside consulting engineers, Vanasse Hangen Brustlin, Inc and Lisa Eggleston.
14)The Common Driveway provides safe and convenient access to the site and is subject to a
recorded maintenance agreement as required under section 2.30.1 of the Bylaws.
Finally the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Sections 2.30.1, 8.1, 8.3 and 8.4, 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:
Permit Definitions:
i) The"Locus"refers to the 138,729 sq. ft. parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35, lot 50,and also known as 1003 Osgood Street,
North Andover,Massachusetts.
4
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
ii) The`Plans"refer to the plans prepared by MHF Design Consultants dated June 17,
2010,revised September 22,2010,December 8,2010,January 17,2011, February 3,
2011, and February 18, 2011 entitled"Proposed Site Development Plans for Map 35
Lot 50, 1003 Osgood Street,North Andover, Massachusetts 01845"and consisting of
sheets 1 through 13.
iii) The"Project"or"1003 Osgood Street"refers to the development of 19,300 square
feet of retail/office/restaurant space, 70 parking spaces and associated grading and
extensive landscaping work. The project includes the creation of a common driveway
for 1003 Osgood Street, Map 35,Lot 50 and 1025 Osgood Street,Map 35,Lot 20 and
depicted on Sheet 3 of the Plans. The driveway will provide a shared access road to
both properties.
iv)The"Applicant"refers to Osgood Properties LLC,the applicant for the Special
Permits.
v) 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.
1) Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
A) The developer shall designate an independent Environmental Monitor who shall be
chosen in consultation with the Planning and Community Development Staff. This
monitor shall be the same environmental professional required by the Conservation
Commission, per their Order of Condition, March 1, 2011. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Planning Board
designated official. The Environmental Monitor shall make weekly inspections of the
project and file weekly reports, as specified in the Order of Conditions and the Planning
Board's Special Permit decision, to the Planning Board throughout the duration of the
project. The monthly reports shall detail area of non-compliance,if any and actions taken
to resolve these issues.The designated monitor may not be applicant and/or developer.
B) All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan and Erosion
and Sediment Control Plan for Stormwater Management Systems submitted to the
Conservation Commission and to the Planning Board and incorporated in the
Conservation Commission's Order of Conditions and the Planning Board's Special
Permit. The approved Operation and Maintenance Plan and Long Term Pollution
Prevention Plan for Stormwater Management Systems is fully binding upon the applicant
and/or owners, successors, agents, associations, heirs and assigns and must be adhered to
in perpetuity
C) The applicant shall designate an independent construction monitor who shall be chosen in
5
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
consphation with the Planning Department. The construction monitor most be available
upon four(4) hours notice to inspect the site with the Planning Board designated official.
The construction monitor shall make weekly inspections of the project and file monthly
reports to the Planning Board throughout the duration of the project. The monthly reports
shall detail area of non-compliance,if any, and actions taken to resolve these issues.
D) The conditions of the Common Driveway Easement, dated October 10, 2006 and
recorded at the Northern Essex Registry of Deeds, Book 10431, Page 325, shall be
incorporated into and be made a part of this decision.
E) The Architectural Design Elevations from Annino Inc., dated January 14, 2011, as
presented by the applicant at the Planning Board meeting on February 15, 2011, shall be
incorporated as part of this decision. Substantial changes to the design shall be reviewed
by the Planning Board.
F) The final plans must be reviewed and approved by the DPW and the Planning
Department and be endorsed by the Planning Board. The final plans must be submitted
for review within ninety (90) days. Failing submission of required final plans within 90
days will render this Special Permit null and void. The applicant may request an
extension of this condition.
G) If applicable, the applicant must supply a copy of the approved Massachusetts Highway
Department permits necessary for construction of the site to the Planning Department.
H) Confirmatory soil testing will be conducted at the proposed infiltration system #2, as
noted on the Plans. The results of this soil testing will be provided to both the Planning
and Conservation Staff.
2) Prior to the start of construction:
A) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
B) All applicable erosion control measures as shown on the plan must be in place and
reviewed and approved by the Planning Department.
C) It shall be the responsibility of the developer to assure that no erosion on the site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public
ways, except as normally ancillary to off-site sewer or other off-site construction. Off-
site erosion will be a basis for the Planning Board making a finding that the project is not
in compliance with the plan; provided, however, that the Planning Board shall give the
developer written notice of any such finding and ten days to cure said condition.
6
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown
on the plan. The Planning Department must be contacted prior to any cutting and or
clearing on site.
E) A pre-construction meeting must be held with the developer, their construction
employees, Planning.Department, and Conservation Department to discuss scheduling of
inspections and inspections to be conducted on the project.
F) The applicant shall provide the Planning Board with copies of permits, plans and
decisions received from the Conservation Commission. Should the Town Planner find
that plans approved by the Conservation Commission substantially differ from the
approved plans of the Planting Board; the Planning Board reserves the right to require
the developer to present the changes through a public hearing to the Planning Board for a
Modification to Site Plan approval.
G) The applicant shall provide copies of required approvals from both the Federal Aviation
Administration(FAA)and the Aeronautics Division of MassDOT.
H) A site opening/erosion control bond shall be in the total amount of fifteen thousand
dollars ($15,000) for the purpose of covering any contingencies that might affect the
public welfare such as site opening, clearing, erosion control and performance of any
other condition contained herein. The Guarantee shall be in the form of a bond
acceptable to the Town and made payable to the Town of North Andover escrow account.
Upon fulfilling the requirements under said bond, the said bond amount will be rolled
over to Condition 7(I).
I) A bond in the amount of fifteen thousand dollars ($15,000) must be posted for the
purpose of insuring that a final as-built plan showing the location of all on-site utilities,
structures, curb cuts, parking spaces, topography, and drainage facilities are submitted.
The bond is also in place to insure that the site is constructed in accordance with the
approved plan. This bond should be in the form acceptable to the Town and made
payable to the Town of North Andover escrow account.
J) A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the
purpose of covering any contingencies or emergency situations that may degrade or
impact the quality of the Town's drinking water supply, Lake Cochichewick. The
Guarantee shall be in the form of a bond acceptable to the Town made payable to the
Town of North Andover escrow account and will be held in perpetuity. Should the
property be sold or transferred, the Planning Department will require that a bond be
posted by the new owner and to be held in perpetuity. Said bond will only be utilized for
the purposes stated above.
3) Prior to the issuance of a Building Permit:
A) Three (3) copies of the signed, recorded plans must be delivered to the Planning
Department.
7
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
B) One certified copy of the recorded decision must be submitted to the Planning
Department.
C) The applicant shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and
hydraulic calculations for each commercial system shall be submitted for review
and approval by the North Andover Fire Department. Plans and hydraulic
calculations for each commercial system must also be supplied to the Building
Department.
D) To ensure the continued protection of the health and welfare of the residents of North
Andover and lessen the probability and possibility of contamination and incident to the
Town's primary source of drinking,the applicant shall be required to submit to the Planning
Department a comprehensive Emergency Response Plan and Maintenance Procedures. The
Planning Board shall review and approve said plan. The final plans must be submitted for
review within ninety (90) days of filing the decision with the Town Clerk. Failing
submission of required Emergency Response Plan within 90 days will render this Special
Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be
distributed to the Town's Fire Department, Police Department, Planning Department,and
the project site where the document(s) will be kept on file and easily accessible in case of
an emergency.
4) During construction:
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as
directed by the Town Planner,throughout the construction process.
B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt,
wood, construction material, etc.) and must be shown on a plan and reviewed and
approved by the Town Planner. The developer will make every effort to locate stockpiles
on the site away from the Lake Cochichewick. Any approved piles must remain covered
at all times to minimize potential dust and be required to install appropriate erosion
control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to
remain for longer than one week must be fenced off and be seeded.
C) In an effort to reduce noise levels, the developer sball keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from the
structures or site.
D) The Town Planner will perform bi-weekly inspections of the site during construction to
ensure that the developer is adhering to the conditions set forth in the decision.
5) Prior to the issuance of a Certificate of Occupancy:
8
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
A) The applicant must submit a letter from the architect and engineer of the project stating that
the building, signs, landscaping, lighting and site layout substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the
applicant and/or property owner may provide a bond, determined by the Planning Board,to
cover the full amount of the landscaping materials and installation if weather conditions do
not permit the completion of the landscaping prior to anticipated occupancy.
B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All
lighting shall have underground wiring and shall be so arranged that all direct rays from
such lighting falls entirely within the site and shall be shielded or recessed so as not to
shine upon abutting properties or streets. The Planning Staff shall review the site. Any
changes to the approved lighting plan as may be reasonably required by the Planning
Staff shall be made at the owner's expense. All site lighting shall provide security for the
site and structures however it must not create any glare or project any light onto adjacent
residential properties.
C) The commercial fire sprinkler systems must be installed in accordance with referenced
standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts
State Building Code. Certification that the systems have been installed properly in
accordance with the above referenced regulations must be provided from both the North
Andover Fire Department and the North Andover Building Department to the applicant.
The applicant must then provide this certification to the North Andover Planning
Department.
D) Emergency Response Plan to be filed and posted in obvious place such as Fire Department,
Police Department and Planning Department.
E) The applicant must submit proof of contract to the Conservation and the Planning
Department in the form of a written and signed document from the msignee(s)
responsible for conducting the perpetual site maintenance in accordance with the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan for
Stormwater Management Systems and perpetual conditions mandated in Conservation
Commission's Order of Conditions. In addition to this contract, the applicant shall
submit an Affidavit from the assignee (s) acknowledging the Stormwater Operation &
Maintenance responsibilities of the stormwater management systems in accordance with
the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan
for Stormwater Management Systems and other perpetual conditions mandated in this
Decision and in the Order of Conditions.
6) Prior to the final release of all security and escrowed funds:
A) The Planning Staff shall review the site. Any screening as may be reasonably required by
the Planning Staff will be added at the Project Owner's expense.
9
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
B) A final as-built plan showing final topography, the location of all on-site utilities,
structures, curb cuts, parking spaces, and drainage structures and facilities must be
submitted to the Planning Department. The applicant must submit a letter from the
architect and engineer of the project stating said items substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
7) General conditions:
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved
in this decision that die must be replaced by the project owner in perpetuity.
B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and
preserve the natural features of the site.
C) The emergency shear gate valves located at the infiltration system should be tested twice.
yearly to insure that they are in working condition. The test reports are to be submitted to
the Planning Office for review.
D) Snow removal may be stored on the designated storages areas shown on said plans
referenced below to the extent possible, but must be trucked off site whenever snow
exceeds on-site storage capacity.
E) No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
in the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. In addition, permanent signs designating "No-Salt
Zone"and"Snow Stockpiling Zones" shall be displayed in prominent locations along the
Non-Disturbance Zone as approved by the Conservation Department and shown on the
herein referenced plans.
F) Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shallnot be used within 100 feet of a wetland resource area. This condition with the title
of the property and shall remain in perpetuity.
G) Should the Project Owner transfer ownership of the project and/or property prior to the
completion of the project and the submission of as-builts, the buyer shall meet with the
Planning Board to provide an update on the status of the project.
H) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
I) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
.n The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday
through Friday and between 5:00 a.m. and 5:00 p.m. on Saturday.
10
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
K) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
L) No underground fuel storage shall be installed.
M) 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.
N) Depending on the allowed uses,the Planning Board reserves the right to modify the form
and frequency of water quality and maintenance testing and inspection.
O) 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.
P) 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.
Q) This Special Permit approval shall be deemed to have lapsed two years after the date of
the grant of this special permit (March 1, 2013), exclusive of the time required to pursue
or await determination of any appeals, unless substantial use or construction has
commenced within said two year period or for good cause. For purposes of this
development, the developer shall be deemed to have undertaken substantial use or
construction if the developer has installed 100%of the designed drainage system.
R) This Site Plan Review Special Permit approval is based upon the following information
which is incorporated into this decision by reference:
I) Plan titled: Proposed Site Development Plans for Map 35 Lot 50
1003 Osgood Street,North Andover,Massachusetts 01845.
Prepared for. Osgood Properties LLC
865 Turnpike Street
North Andover,MA 01845
Prepared by: MHT Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=20'
Date: June 17.2010,Revised Sept.22,2010,Dec 8,2010,Jan. 17,2011,Feb. 3,
2011,Feb. 18,2011
Sheets: 1 —13 and Exhibit A,dated February 8,2011
2) Report: Storm Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
11
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
Date: June 17. 2010, Revised Sept. 22, 2010, Oct 08, 2010, Jan. 17, 2011
3) Report: Operations&Maintenance Plan and Long Term Pollution Prevention Plan
Date: June 17,2010.Revised September 22,2010,December 8,2010,January
17,2011 and February 18,2011
Prepared by: NEU Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
4) Report: Storm Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Date: June 17.2010,Revised Sept.22,2010,Oct.08,2010,Jan. 17,2011
5) Elevations: Osgood Properties LLC
1003 Osgood Street—Concept Elevations
Prepared by: Aninno,Inc.
Date: January 14,2011
cc: Director of Public Works
Building Inspector
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
12
� Town of North Andover
Office of rhe Planning Deparnnenr
Community Development and Services Division
P(978)688-9533 1600 Osgood Street
F(978)688-9542 Building 20,suite 2-36
North Andover.Massachusetts 01845
TO: Judy Tymon FAX: via email
FROM: Jean Enright,Planning Assistant
FAX: 979-688-9542 PHONE: 978-688-9535
Please sign your name and fill in address of premises affected, fill in current date,
return same to fax 978-688-9542. Thank you.
SDecial Permit
"REQUEST FOR A CONTINUANCE"
NAME: Chris Tymula from MBF Design Consultants,Inc.on behalf
of Osgood Properties,LLC
ADDRESS OF PREMISES AFFECTED: 1003 Osgood Street
PHONE NUMBER:
AREA CODE: f603)-893-0720
"I WISH TO REQUEST A CONTINUANCE UNTIL 1/18/11
THEREFORE WAIVE THE TIME CONSTRAINTS FOR ISSUING OF
ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS
OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER,
MA."
SIGNED BY P NER PRESENTAY
(SIGNATURE) -
DATE: IZY30/10
(FILL IN CURRENT DATE)
130 R 0rAPPSALS68&9541 BUBDING6889545 CONSERVATION688-9530 BPALTf16889540 PLANNGIG6889535
�CEIVEO
TO:
FAX # I r
2010 AUG 10 M 2: 17
FROM: Mary, Planning Assistant
FAX #978-688-9542 - PHONE #978-688-9535 MARSH h i
lm
Please sign your name and fill in address of premises affected, fill
in current date, return same to fax #978-688-9542. Thank you.
"�_UEST FOR A CONTINU,q,NCR�
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ADDRESS OF PREMISES AFFECTED:
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PHONE NUMBER:
AREA CODE:_
"I WISH TO REQUEST A CONTINUANCE NEXT
SCHEDULED PLANNING BOARD UNC THE ORE
WAIVE THE TATE CONS MEETING, THEREFORE
AND/ALL DECISIONS RELLAA1 E TO R ISSUING AND L ANY
PERMITS OF THE PLANNING BOARD/ THE TOWN OF
NORTH ANDOVER, MA.
SIGNED AX PETITIONER OR REPRESENTATP✓E:
DATE: Si e
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fill c 10 CV
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TO: JvDY —t Y m aJ FAX#
210 JUL 29 R! 2:
FROM: Mary, Planning Assistant 43
FAX #978-688-9542 - PHONE #978-688 95358 i'
Please sign your name and fill in address of premises affected, fill
in current date, return same to fax#978-688-9542. Thank you.
"REQUEST FOR A CONTINUANCE"
NAME: 0-4Wa!!�TYw,uc.4 "+WF'T:Est4n� Coats� We
ADDRESS OF PREMISES AFFECTED:
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PHONE NUMBER:
AREA CODE:_(&o5 893 -o-72o
"I WISH TO REQUEST A CONTINUANCE UNTIL THE NEXT
SCHEDULED PLANNING BOARD MEETING, THEREFORE
WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY
AND/ALL DECISIONS RELATIVE TO ANY/AND ALL
PERMITS OF TEE PLANNING BOARD FOR THE TOWN OF
NORTH ANDOVER, MA.
SIGNED BY PETITIONER O PRESENTATIVE:
Si a
DATE: 2
fill in c date
bO,C(MfiNUEANCF_
SMOLAK & VAUGHAN 3 John T. Smolsk, Esq.
-- — T: 978-327-5215 1 F: 978-327-5319
I n N' jsmolakr@,..lekva.ghansom
June 18,2010
BY HAND
John Simons,Chairman
Planning Board
Town of North Andover
1600 Osgood Street
North Andover,Massachusetts 01845 Snzo
z
N�-1 2 r�Rt
RE: Applications for Site Plan Review, Watershed Protection District and >- nn
Common Driveway Special Permits iz-`a CO zrn
Property: 1003 Osgood Street
Owner/Applicant: Osgood Properties LLC
Dear Chairman Simons and Other Board Members: M
On behalf of the Applicant,Osgood Properties LLC,enclosed for filing with the
Planning Board are ten(10)copies of the Application for Site Plan Review Special
Permit,Watershed Protection District Special Permit,Common Driveway Special
Permit,Memorandum in Support of Special Permits,and accompanying Site Plans and
other supporting materials.
Osgood Properties LLC proposes a redevelopment of the Property to include a
21,000 s.f.restaurant/retail/office building, the restoration and relocation of the historic
barn structure to the south of its current location,the construction of a total of 106
parking spaces, the installation of landscaping and lighting,and the preservation of an
open space area along the southern and western boundaries of the site to preserve the
Lake Cochichewick watershed area and adjacent wetland resource areas,all as shown on
the attached site plans. The Property is located within the Business 2(B-2)Zoning
District where the uses described above are permitted.
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.
Sinrely,
VJTs/ TSy,m//em�
cc: Osgood Properties LLC,John Grasso,Manager
Chris Tymula, P.E.,MHF Design Consultants,Inc.
Town Clerk's Office(By Hand)
100012sumiEnst Mill,31 High Street,Suite 301,North Andover,MA 01845
WWW.RMnl.AKVA11GAAN rnM
PLANNING DEPARTMENT
Community Development Division
Special Permit — Site Plan ReN iesl_,1spiplication
Please type or print clearly.
1. Petitioner: Osgood Properties LLC John Grasso Manager
Petitioner's Address:865 Turnpike Street,2nd Floor North Andover Massachusetts 01845
Telephone number:978-502-6030
2. Owners of the Land:Osgood Properties LLC John Grasso Manager
Address:865 Turnpike Street 2nd Floor. North Andover Massachusetts 01845
Number of years of ownership:2 years. 10 months
3.Year lot was created: December 14. 1966 (See Plan No 5595 recorded with ENRD)
4. Description of Proposed Project: Protect involves the construction of a new 21,000 s f retail office and restaurant building
the relocation of the historic bam to the rear(or southwestern corner of site),the removal of the existing house the construction of
106 parking spaces the preservation of open space along Lake Cochichewick and landscaping of areas altered by proposed
Protect.
5. Description of Premises:Existing 3.1-acre parcel with buildings located on south side of Osgood Street
6.Address of Property Being Affected: 1003 Osgood Street
Zoning District Business 2(B-2)
Assessors Map: 35 Lot#; 50
Registry of Deeds: Book#: 10893 Page#: 250
7.Existing Lot:
Lot Area(Sq. Ft): 138,729 Building Height_41'6" Existing Sam
Street Frontage: 304.41' Side Setbacks: >25'
Front Setback: 7' Rear Setback: >303
Floor Area Ratio: 0.07:1 Lot Coverage: 7.0%
8. Proposed Lot(if applicable): NIA
Lot Area(Sq. Ft): 138.729 Building Height: 35'New Buildina
Street Frontage: 304.41' Side Setbacks: 26'
Front Setback: 72' Rear Setback: 64'
Floor Area Ratio: 0.18:1 Lot Coverage: 6.5%
{00012371;0)
1600 Osgood Street,North Andover,Bldg.20,Suite 236 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
9. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft):25,0000 Building Height: 35 Feet
Street Frontage: 125 Feet Side Setbacks: 25 Feel
Front Setback: 25 Feet Rear Setback: 30 Feet
Floor Area Ratio:0.75:1 Lot Coverage: 35%v
10. Existing Building(if applicable): Existing house to be razed. Barn to be relocated.
Ground Floor(Sq. Ft.): 2,000 k of Floors: 2
Total Sq. Ft.: 4.000 Height: 41'6"
Use: Vacant Type of Construction: Wood Frame
11.Proposed Building:
Ground Floor(Sq. Ft.): 1A00 It of Floors: 3
Total Sq. R. 21,000 Height: <35 Feet
Use:Office/Retail/Restaurant Type of Construction:Wood Frame
12. Has there been a previous application for a Special Permit from the Planning Board on these premises?
Yes. If so,when and for what type of construction?Watershed Protection Dist.And Site Plan
Review SP's for renovation and expansion of existing buildings 120041 modified in 2005 and in 2007
13.Section of Zoning Bylaw that Special Permit Is Being Requested 8.3 and 10.3
14.Petitioner and Landowner signature(s):
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 filed 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 Clerk 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 incomplete.
t,]b r♦,Prop ties, LLC(Owner and Applicant)
Petitioner's Signature:
Print or type name here:Joh o vlM na er
Owner's Signature:
Print or type name here:Joh"so,so M na er
15. Please list title of plans and documents you will be attaching to this application See list of Plans and specifications
described in attached Memorandum.
(00012371.17
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.lownofnorthandover.com
o!Ma oT e'�4
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PLANNING DEPARTMENT
Community Development Division
S ecial Permit— Watershed Permit :% 1icatioii
Please type or print clearly.
1. Petitioner: Osgood Properties LLC John Grasso Manager
Petitioner's Address:865 Turnpike Street 2nd Floor North Andover.Massachusetts 01845
Telephone number:978-502-6030
2.Owners of the Land: Osgood Properties LLC John Grasso Manager
Address:865 Turnpike Street 2nd Floor North Andover Massachusetts 01845
Number of years of ownership:2 years10 months
3.Year lot was created: December 14 1966 (See Plan No 5595 recorded with ENRD)
4. Is the lot currently on septic or sewer?
Sewer
If on sewer,please provide date the sewer connection was
completed:unknown
5. Description of Proposed Project: Pro eel involves the construction of a new 21.000 s f retail office,
and restaurant building the relocation of the historic barn to the rear(or southwestern comer of site),the
removal of the existing house the construction of 106 parking spaces the preservation of open space along
Lake Cochichewick and landscaping of areas altered by proposed Project
6. Description of Premises: Existing 3.1-acre parcel with buildings located on south side of Osgood Street.
7.Address of Property Being Affected: 1003 Osgood Street
Zoning District: Business 2(B-2)
Assessors Map: 35 Lot 50
Registry of Deeds: Book p: 10893 Page All 250
B. Existing Lot.
Lot Area(Sq. Ft): 138.729 Building Height:41'6" Exis0ng Barn
Street Frontage: 304.41' Side Setbacks: >25'
Front Setback: 7' Rear Setback: >30'
Floor Area Ratio: 0.07:1 Lot Coverage: 7.0%
9.Proposed Lot(if applicable): NIA
Lot Area(Sq.Ft): 138.729 Building Height: 35'New Building
Street Frontage: 304.41' Side Setbacks: 26'
Front Setback: 72' Rear Setback: 64'
Floor Area Ratio: 0.18:1 Lot Coverage: 6.5%
ID001233e.OPage I of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townotnorthandover.com
Edited 8/6/07
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft):25.0000 Building Height: 35 Feet
Street Frontage: 125 Feet Side Setbacks: 25 Feet
Front Setback: 25 Feet Rear Setback: 30 Feet
Floor Area Ratio: 0.75:1 Lot Coverage: 35%
11. Existing Building(if applicable): Existing house to be razed. Barn to be relocated.
Ground Floor(Sq. Ft.):2.000 #of Floors: 2
Total Sq. Ft.: 4,00 Height: >35 Feet (???)
Use:Vacant Type of Construction: Wood Frame
12. Proposed Building:
Ground Floor(Sq. Ft.):7,000 If of Floors: 3
Total Sq. Ft. 21.000 Height: <35 Feet
Use: Office/Retail/Restaurant Type of Construction:Wood Frame
13.Has there been a previous application for a Special Permit from the Planning Board on these
premises? Yes If so,when and for what type of construction?Watershed
Protection Dist And Site Plan Review SP's for renovation and expansion of existing
buildings(2004) modified in 2005 and in 2007
14.Section of Zoning Bylaw that Special Permit Is Being Requested 4.136 and 10.3.
15.Petitioner and Landowner signature(s):
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 filed 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 Clerk 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 incomplete.
Osgood Properties, LLC(Owner and Applicant)
Petitioner's Signature: A
Print or type name here:J so Mana er
Owner's Signature:
Print or type name here:JohmgrasJ2. Mana er
16.Please list title of plans and documents you will be attaching to this application.
See list of plans and specifications described in attached Memorandum
(W12370;1j)Page 2 of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2.36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townofnarthandover.com
Edited 8/6/07
Town of North Andover Planning Board
Application for Special Permit
Please type or print clearly.
1. Petitioner: Osgood Properties LLC (John Grasso, Manager)
Petitioner's Address:865 Turnpike Street,2nd Floor, North Andover, MA 01845
Telephone number:(978)502-6030
2. Ownersof the Land: Osgood Properfies LLC (John Grasso,Manager)
Address:865 Turnpike Street,2nd Floor,North Andover, MA 01845
Number of years of ownership: 2 years, 10 mos.
3. Year lot was created:December 14, 1966(See Plan No. 5595 recorded with ENRD)
4. Description of Proposed Project:
Permit ag of uvlonng rnmmnn ddvew°,T+n.,ed e..d�,...�rr,,.ron in 9nn7 rn n.nvinc
common access to properties located at 1003 Osgood Street and 1025 Osgood Street.
Rights and obligations or common driveway are Subject o Agreement ot Easement, a e
5. Description of Premises:
Fxistinn 3 1-arra narcal with hnildinns lharenn Ionated nn snnfh side of Osnnnd Sfraat.
6. Address of Property Being Affected 1003 Osgood Street
Zoning DistriM:Business 2(B-2)
Assessors: Map: 35 Lotti 50
Registry of Deeds: Book�0 Page N: 250
7. Existing Lot:
Lot Area(Sq.Ft) 138.729 Building Height 41'6"+/- Barn
Street Frontage: 3U-4i` Side Setbacks: >25'
Front Setback: 7z-or— Rear Setback:
Floor Area Ratio: Lot Coverage-: 7—
overage: 7TO
8. Proposed Lot(if applicable):
Lot Area(Sq.Ft) 138,729 Building Height35.00' New Building
Street Frontage: r— Side Setbacks:
Front Setback: 7� Rear Setback:—Z4 OU�
Floor Area Ratio: -U.TFT Lot Coverage.--T95%
9. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft) 25,000 Building Height 35 Feel
Street Frontage: 12� Side Setbacks: 5S eet
Front Setback: 25 Feet Rear Setback: 30 Feel
Floor Area RatioTIT75-1— Lot Coverage: 3
10. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 2,000 #of Floors: 2
Total Sq.Ft. 40,0 Height: 41------------
+T-
Use: Vacant Type of Construction VVOO retire
11. Proposed Building:
Ground Floor(Sq.Ft.) 7,000 #of Floors: 3
Total Sq.Ft. Height: <35 e� e
Use:OBice/Retail/Restaurant Type of Construction Wond Frame
12. Has there been a previous application for a Special Permit from the Planning Board on these
premises?Yes If so,when and for what type of construction?2004-Renov.
13. Section of Zoning Bylaw that Special Permit Is Being
Requested Common Dameavay Special qPM nog o ant and an z
14. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official from of the
Planning Board. Every application shall be filed 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 Clerk 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 B card
of this application as incomplete.�\ �is
Petitioner's Signature: \ IFti tl `r n
Print or type name here::Jooh'nn Grask6, Manager, Osgood Properties,LLC
1
Owner's Signature: LK ..r.�d
Print or type name hem:,10hrarasso, Manager,Osgood Properties, LLC
15. Please list title of plans and documents you will be attaching to this application.
See Memorandum and related attachments.
TOWN OF NORTH ANDOVER PLANNING BOARD
APPLICANT AND OWNER: OSGOOD PROPERTIES LLC
PROPERTY: 1003 OSGOOD STREET
MEMORANDUM IN SUPPORT OF APPLICATION FOR SITE PLAN REVIEW
SPECIAL PERMIT, WATERSHED PROTECTION DISTRICT SPECIAL PERMIT,
PARKING SPECIAL PERMIT AND COMMON DRIVEWAY SPECIAL PERMIT
(Sections 2.30.1,4.136,8.1, 8.3 and 10.3 of North Andover Zoning Bylaw)
I. INTRODUCTION
Osgood Properties LLC (the "Applicant") is the owner of an existing parcel of
land known and numbered as 1003 Osgood Street. The site contains 138,729 square
feet(3.1 acres) of land and is designated on the Town Assessor's Maps as Map 35,
Lot 50 (the "Property"). The Property is located on the southerly side of Osgood Street
to the west of Great Pond Plaza and Mad Maggie's (former Treadwell's site) (1025
Osgood Street)and across the street from Giant Glass (1000 Osgood Street). The
Property is currently not in use and includes and existing farmhouse and attached barn,
both of which are vacant and in general disrepair.
The Property is located within the Business 2 (B-2) Zoning District within which
the proposed Project uses (retail, restaurant and office uses) are permitted by right but
subject to the relief described below. The Applicant has owned the Property since 2007.
Il. PROPOSED PROJECT
Osgood Properties LLC proposes a redevelopment of the Property to include a
restaurant/retail/office building, and the proposed redevelopment Project includes the
following elements:
(a) Construction of new 21,000 s.f. retail/office building which shall include
7,000 s.f. of restaurant space, 7,000 s.f. of retail space, and 7,000 s.f. of office
space designed to integrate with the design of the adjacent Great Pond Plaza,
all as shown on the attached site plans and architectural concept plans;
(b) Relocation of the historic barn structure, containing approximately 4,000 s.f.
of gross floor area, to the south of its current location, and restoration of barn
structure for additional office and/or restaurant use;
(c) Construction of a total of 106 additional parking spaces as depicted on the site
plans;
Sile Plan Revic ,WamrsbW and Common Driveway Sp .]Pmnils Memorandum -- Planning Bomd
1
(d) Installation of extensive landscaping around the perimeter of the Property
both to improve aesthetics in and around the site, and to serve as a buffer
between the property and to properties located in the surrounding area;and,
(e) Permanently preserve an open space area along the southern and western
boundaries of the site to preserve the Lake Cochichewick watershed area and
adjacent wetland resource areas.
The Site Plans showing the proposed improvements are attached as Exhibit D.
III. REQUIRED RELIEF
Based upon our preliminary review of the proposed improvements, and after a
meeting with the Building Commissioner, Osgood Properties LLC has determined that
the following relief is required under the North Andover Zoning Bylaw:
a. Site Plan Review Special Permit (Sections 8.3 and 10.3 of NAZB);
b. Watershed Protection District Special Permit(Sections 4.136 and 10.3 of
NAZB);
C. Parking Special Permit(to be issued through Site Plan Review pursuant to
Section 8.1 of NAZB);and,
d. Common Driveway Special Permit(Sections 2.30.1 and 10.3 of NAZB).
In addition to approvals required from the Planning Board,the proposed Project
will require an Order of Conditions issued by the North Andover Conservation
Commission. The project will also require the issuance of a highway access permit from
MassDOT's Highway Division(formerly MassHighway), and the project will be subject
to hazards to navigation review by the Federal Aviation Administration(FAA) and
airspace review by the MassDOT's Aeronautics Division (formerly the Massachusetts
Aeronautics Commission).
Over the course of the past months, representatives of the Applicant have met
with representatives of the Planning Department, the Building Department, Fire
Department, Police Department, and Conservation Commission. The Applicant's
Project was also reviewed by the Town's Technical Review Committee (TRC). As a
result of those meetings and consultations, a number of their recommendations have
been incorporated into the Site Plans.
Site Plan Review,Walashed aM Common Driveway Special Pamiu Memorandum -- Planning Board
2
IV. SITE PLAN REVIEW AND SPECIAL PERMIT CRITERIA
Section 8.3(6) and Section 10.31 of the Zoning Bylaw list the criteria by which the
Planning Board will evaluate the Project as part of its site plan review special permit
process. A description of these criteria,and how the Project meets such criteria, are
described as follows:
A. SITE PLAN REVIEW CRITERIA (Section 8.3)
GENERAL
a. Conformance with all appropriate provisions of the Zoning Bylaw.
The proposed retail, restaurant and office uses are uses allowed by right in
the Business Two (B-2) Zoning District. The Project also conforms to all
dimensional criteria listed in Section 7, including but not limited to,Table
2 (Summary of Dimensional Requirements), of the North Andover Zoning
Bylaw. Compliance with dimensional requirements is summarized on
the Site Plans as well as on the Site Plan Review Application Form.
b. Protection of abutting properties from detrimental site characteristics.
The Project provides appropriate building setbacks from the adjacent
properties. The adjoining business properties will not be negatively
impacted by the proposed Project, but the Project in fact will complement
the surrounding uses.
ENVIRONMENTAL
a. Protection of unique or important natural, historic or scenic features.
Of prime importance is to ensure that there will be no impacts to Lake
Cochichewick and immediate watershed areas. For these reasons, the
Project has been designed with enhanced stormwater management
measures to ensure that there is no degradation of water quality as a result
of the Project. To minimize and potential cutting or grading,the existing
site grades and mature vegetation will be maintained to the extent
practicable, and an appropriate natural buffer will be provided. Welland
resource areas will not be impacted, as the 25-foot non-disturbance zone
described in the North Andover Wetlands Protection Bylaw will be
maintained, and other storm water management measures will be
implemented, to protect wetland resource areas. Moreover,the Applicant
intends to relocate the existing historic barn located on the Property and to
restore and preserve this important historical resource of the Town.
Site Plan Review,Wamshed and Cmmnon Driveway Special PamiN Memorandum -- Plaviing Board
3
b. Adequacy of proposed methods of refuse disposal.
The Project includes a disposal area located on the Property as depicted on
the Site Plans. The disposal area (which will be screened with a six (6')
foot chain link fence with privacy slats) will adequately handle the needs
of the building, and provide for appropriate screening of the facilities.
Solid waste disposal would be handled by a private commercial hauler.
C. Ability of proposed sewage disposal and water supply systems within
and adjacent to the site to serve the proposed use.
The Project will be connected to the municipal water system available in
Osgood Street. Sufficient capacity exists within the municipal system to
accommodate the proposed Project's water needs. The Project will also
include a sewer tie-in connection from the 1025 Osgood Street sewer main
which has already been constructed up to the property line of 1003
Osgood Street.
d. Adequacy of the proposed drainage system within and adjacent to the
site to handle the increased runoff resulting from the development.
A sub-surface drainage system is being proposed, and accommodates all
runoff resulting from the development. Proposed stormwater
management consists of parking lot street sweeping, underground pipe
and stone infiltration trenches for recharge of rooftop runoff and a closed
drainage system consisting of deep sump,hooded catch basins,
Stormceptor treatment devices and an underground stormwater detention
system to control peak rates of runoff. All drainage and runoff systems
are designed to prevent the contamination of groundwater, and drainage
and runoff will be recharged onsite. Stormceptors will provide
pretreatment of stormwater runoff. Site stormwater will be managed in
accordance with the DEP's Stormwater Management Policy and related
technical guidance, and will also be separately reviewed as part of the
wetlands review process by the North Andover Conservation
Commission. Please refer to the enclosed Drainage Report attached as
Exhibit A for additional information.
e. Provision of adequate landscaping, including the screening of adjacent
residential uses, provision of street trees, landscape islands in the
parking lot and a landscape buffer along the street frontage.
Site Plan Review,Wale�shM aid Common Driveway Special Pwmila Memma,dmn -- Planning Board
4
Existing vegetation is comprised of mature mixed hardwoods and open
field areas, and provides a significant natural buffer between this property
and the abutting uses, particularly as it relates to the Lake. This
submission also includes a Landscape Plan providing proposed
landscaping within the parking lot, side yard, and front yard areas which
identify additional buffering and screening areas. A copy of the
Landscape Plan is attached as part of the Site Plans.
f. Adequacy of the soil erosion plan and any plan for protection of steep
slopes,both during and after construction.
An erosion control plan has been provided as part of this submission. All
proposed grades within landscape areas will not exceed 2:1, and all slopes
will be stabilized both during and after construction. The Applicant will
take particular care with respect to maintaining enhanced erosion and
sedimentation controls to avoid impact to both on-site wetlands and
adjacent properties.
g. Protection of adjacent properties by minimizing the intrusion of
lighting, including parking lot and building exterior lighting.
A lighting facilities plan has been provided as a part of this submission
and will be consistent with the lighting plan implemented as part of the
redevelopment of 1025 Osgood Street. Light poles will include recessed
bulbs with flat lenses to eliminate glare. Lighting will not cause glare and
will minimize spillover onto adjacent properties or streets.
h. The proposed development must not present a demonstrable adverse
impact on the surrounding area resulting from excessive noise, dust,
smoke, or vibration which are higher than levels now experienced from
uses permitted in the surrounding area.
The proposed use is to be located adjacent to Route 125 and is surrounded
by retail, office and industrial uses. The Project proposes to include a
combination of retail, restaurant and office uses. The Project layout has
been designed to ensure that there will be no long-term impact on the
surrounding area from excessive noise, dust, smoke or vibration.
DESIGN
a. Buildings shall be located with respect to setbacks placement of parking
landscaping and entrances and exits with surrounding buildings and
Site Plan Review,Watw W and Common Driveway Special Permits Memorandmn — Planning Board
5
development.
The proposed site plan conforms to the required building setbacks, and no
conflict will exist between this site and the existing parking, landscape,
entrance or exit of another adjacent use. The proposed building has been
located in compliance with setback requirements, and is located in a
manner consistent with the adjacent Great Pond Crossing building at 1025
Osgood Street. The Traffic Impact and Access Study (the "Traffic Report")
provides additional detail on the adequacy of site circulation as related to
existing surrounding buildings and development. A copy of the Traffic
Report is attached as Exhibit B.
b. The buildings shall relate harmoniously to each other in architectural
style, site location and building exits and entrances.
The architectural style of the proposed building has been designed in a
manner to complement the architectural style of the buildings at Great
Pond Crossing, and will complement the existing retail facility. A set of
architectural elevations is attached as part of the Site Plans.
C. Screening shall be provided for storage areas,loading docks, dumpsters,
rooftop equipment,utility buildings and similar features.
The proposed refuse area will be screened with a 6' chain link fence
enclosure with privacy slats. All mechanical,electrical and HVAC units
have been either located within the building or will be suitably screened,
and will not be visible, or create a nuisance, to surrounding properties.
d. Electric, telephone,cable t.v.,and other such lines and equipment must
be placed underground.
All utilities will be located underground. Please refer to the enclosed
utility plan shown as part of the Site Plans for more detailed information.
e. Demonstrate that the scale, massing and detailing of buildings are
compatible with those prevalent in the surrounding area.
The Project structures will be designed to respect the scale and style of the
buildings in the surrounding neighborhood,and in particular,the
adjacent building at 1025 Osgood Street. Please refer to the attached
architectural renderings and elevations for additional detail.
Site Plan Review,WatashM aW Common Driveway Spmial Permits Mennomndum — Plaming Boaid
6
TRAFFIC/PARKING
a. The location and number of curb cuts shall be minimized to reduce
turning movements, and hazardous exits and entrances.
The location and number of curb cuts proposed has been reviewed and is
appropriate for the proposed use, as further described in the Traffic
Report. Moreover, the Project traffic consultant has consulted or will
consult with MassDOT's Highway Division to ensure that all proposed
cuts conform to MassDOT standards. The driveways have been designed
to provide sight lines that exceed minimum requirements for safe
stopping distances. The proposed landscaping and signs in the vicinity of
the site driveway have been located sufficiently back from Osgood Street
so as not to impede the available sight distances. Tums into the site
driveway will operate at an appropriate level-of-service (LOS) during the
peak hours. Exiting movements from the site driveway will operate at an
appropriate LOS during the peak hours as described in the Traffic Report.
b. Provision for access to adjoining properties shall be provided as
appropriate.
As described below and shown on the Site Plans, the existing common
driveway along Osgood Street, along with proposed circulation
improvements to the rear of the property, have been designed and
constructed to enhance access and circulation in conjunction with Great
Pond Crossing.
C. Driveways shall be located opposite each other wherever possible.
To the extent practicable, the proposed Project driveway curb cuts off of
Osgood Street will he aligned with the existing driveways across Osgood Street.
d. Joint access driveways between adjoining properties shall be
encouraged.
As depicted on the Site Plans, a joint, or common, driveway was required
under past approvals and constructed off of Osgood Street.
e. Internal circulation and egress shall provide for traffic safety.
Internal circulation has been designed to minimize conflicts between cars,
trucks and pedestrians, all as more detailed in the Traffic Impact and
Access Study. This site does not provide direct or indirect access to minor
streets servicing single-family dwellings.
Sia Plan Review,W W,rs Wand Common Driveway Spmial P.M Memorandum -- Planning Board
For the reasons described above and in the supporting documentation and Site
Plans described above, the Applicant respectfully requests the Board to vote to grant
Site Plan Approval of the Project.
B. WATERSHED PROTECTION DISTRICT CRITERIA (Section 4.1361
The Project is located partially within the Watershed Protection District
boundaries so only those portions of the Property within the defined District must
comply with Section 4.136 of the NAZB. Moreover, since the Property is located on a
lot recorded on December 14, 1966 (i.e., prior to the date of the enactment of
amendments to the District in 1994), the provisions relating to the Conservation Zone
and the enlargement of the Non-Disturbance Zone and the Non-Discharge Zones do not
apply to the Project as described in Section 4.136(2)(f) of the NAZB.
Accordingly, the following are the zones applicable to the Project:
Table 2.Lots created on or prior to October 24 1994
Non-Disturbance Non-Discharge
From Annual High 250 Feet 325 Feet
Water Mark
Of Lake Cochichewick
From Edge of All 100 Feet 325 Feet
Wetland Resource
Areas Within the
Watershed District
Section 4.136(4) of the NAZB ("Special Permit Requirements") requires the
following information to be provided:
(a) a written certification by a Registered Professional Engineer, or other
scientist educated in and possessing extensive experience in the science of hydrology
and hydrogeology, stating that there will not be any significant degradation of the
quality or quantity of water in or entering Lake Cochichewick, is attached as Exhibit C.
(b) As demonstrated by the Site Plans and supporting information, there is no
reasonable alternative location outside the Non-Disturbance and/or Non-Discharge
Buffer Zones, for any discharge, structure, or activity, associated with the proposed use
to occur.
(c) As demonstrated by the Site Plans and supporting information in Exhibits
A and C, all on-site operations including, but not limited to,construction,waste water
disposal, and fertilizer applications will not create concentrations of nitrogen in
groundwater, greater than the Federal limit at the down gradient property boundary.
Sim Plan Review.W.MffiW end Common Dnve ,Special Pmnits Me,ronndum -- Planning Bo.d
8
(d) Based upon a determination by the Project engineer, no concentrations of
nitrogen or phosphorous are anticipated to be generated as part of this Project.
(e) As demonstrated by the Site Plans and supporting information in
Exhibits A and C, any runoff from impervious surfaces will, to the extent possible, be
recharged on site and diverted toward areas covered with vegetation for surface
infiltration.
Accordingly, the Applicant respectfully requests the Board to find that, as a
result of the proposed use in conjunction with other uses nearby, there will not be any
significant degradation of the quality or quantity of water in or entering Lake
Cochichewick.
C. PARKING SPECIAL PERMIT CRITERIA (Section 8.1)
The Applicant proposes on-site parking which both meets the needs of persons
to be employed or to make use of the services to be provided at the Property, while at
the same time promoting better site design through the use of flexible parking
standards as described below. As more particularly shown on the Site Plans,the
proposed project would provide a total of 106 spaces where 163 spaces would be
required in accordance with the Section 8.1(4)("Table of Off-Street Parking").
Accordingly, the Applicant feels that a Special Permit resulting in a reduced number of
proposed parking spaces is appropriate given the varying peak demands of the various
uses on the Property,and in conjunction with a reduction of parking spaces based upon
projected uses, the parking at the Property will not cause detriment to the surrounding
neighborhood since the proposed parking program for the site will not increase traffic
congestion or queuing or otherwise result in unsafe conflict of motor vehicle and
pedestrian traffic, as further described in the Traffic Report attached hereto as
Exhibit B.
Specifically, as further depicted on the Site Plans, the proposed parking spaces
and maneuvering aisles will meet the minimum dimensional standards described in
Section 8.1.5 of the NAZB, and will comply with standards for: vehicular and
pedestrian circulation; driveway egress points; surfacing, drainage and curbing;
loading; and,lighting.
As to the requirements for the location and layout of parking facilities under
Section 8.1.6 of the NAZB,the required off-street parking spaces and loading bays shall
be provided on the same lot as the principal or accessory use they are required to serve,
except for those spaces proposed to be shared with the owner of 1025 Osgood Street as
allowed under Section 8.1.8(d).
Site Plan Review,Watershed and Common Driveway Spmial Permits Memorandum -- Planning Board
9
As noted above, the Applicant is requesting relief from certain parking standards
as authorized under Section 8.1.8 of the NAZB as part of the Site Plan Review Special
Permit process, and described below:
(1) Common Parking Areas and Multiple Use Facilities (Section 8.1.8(e))
The Project will involve a combination of retail, restaurant and office uses on the
Property,and many of the uses will have varying peak parking demand. As described
in the Traffic Report, the hours, days, or peak parking or loading demand for the uses
are so different that the proposed number of Project spaces will provide adequately for
all uses or activities served by the parking facility, and the location of the parking
facility in relation to the uses proposed to be served by it is appropriate. More
specifically, the parking demand analysis contained within the Traffic Report supports
the proposal for the reduced parking demand, especially when combined with the
parking usage of the 1025 Osgood Street site.
(2) Reduction in Parking (Section 8.1 8(e))
In addition to the common parking spaces noted above, the Applicant is
proposing to reduce the number of parking spaces to 106 spaces, representing a 35%
reduction of the total number of spaces otherwise required under the Table of Parking
Requirements in Section 8.1.4. Based upon the projected parking usage and other
information contained within the Traffic Report, the Applicant feels that such lesser
amount of parking spaces is justified.
Accordingly, based upon the Traffic Report, the Site Plans, and other information
filed with the Board as part of this hearing, the proposed parking adjustments identified
above will not cause detriment to the surrounding neighborhood through increased
traffic volumes, will not result in increased congestion or queuing since circulation will
be enhanced through shared parking and access points, and will actually improve on-
site and off-site traffic patterns and access to the Property and will not result in any
unsafe conflict of motor vehicle and pedestrian traffic. For these reasons, the Applicant
respectfully requests the Planning Board to vote to approve these parking and access
adjustments described above, and depicted on the Site Plans as part of its Site Plan
Review Decision.
D. COMMON DRIVEWAY SPECIAL PERMIT fSection 2 301)
As part of the traffic enhancements proposed and approved for Great Pond
Crossing, a common driveway servicing both 1025 Osgood Street as well as the
Property was required, and has been constructed but never formally approved by
Special Permit. Such common driveway is subject to a recorded maintenance
agreement running with the land which serves to reduce curb cuts otherwise required
Site Plan Review,Watershed and Conmron Driveway Special Permits Memorandum -- Planning Board
10
for the Property. Such common driveway enhances safety for motorists entering or
exiting the site, as well as enhance safety for motorists and others driving by the
Property along Osgood Street and Great Pond Road. For these reasons, the Applicant
respectfully requests the Planning Board to vote to approve a common driveway special
permit for the proposed common driveway depicted on the Site Plans pursuant to
Sections 2.30.1 and 10.3 of the Zoning Bylaws.
E. 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.
a. The specific site is an appropriate location for such a use, structure or
condition.
As the property is zoned for retail, office and restaurant use, the site is an
appropriate location for the proposed Project. The site design
compliments the surrounding uses and provides for sufficient traffic and
circulation improvements, as well as sufficient water and other utilities.
b. The use as developed will not adversely affect the neighborhood
character.
The Project provides appropriate building,landscaping and screening set
back from the adjacent properties. The character of the architectural style
of the proposed new building will complement the architectural style of
existing buildings located at 1025 Osgood Street,and the Applicant's
proposal to restore the historic barn will further serve to preserve and
enhance important historical structures within North Andover.
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 fill an important service and
community need for the Route 125 corridor as it will both serve to provide
additional critical mass of retail, restaurant and other facilities which are
important for the redevelopment of the Route 125 corridor as adjacent
properties are redeveloped, and from a planning and social perspective,
the proposed uses will serve to ensure that such facilities will be
sim Plan Reek ,WaMhW and Coimimn Driveway SPaial Pa ,i Memorandum — Planning Bo
11
established in the most appropriate location along this stretch of Route
125 while at the same time preserving and enhancing the protection of
Lake Cochichewick. From an economic standpoint, the Project will
serve as a new source of tax revenue to the Town with potential new
employment opportunities for the area, mid return a currently vacant,
dilapidated and unused site back to productive economic use.
d. There will be no nuisance or serious hazard to vehicles or pedestrians.
Driveways have been located to provide for the best available sight
distance along Osgood Street. Site improvements have been designed to
maximize on-site and off-site safety. For additional detail please refer to
the enclosed Traffic Report.
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 Project.
Stormwater management facilities will provide adequate treatment of
stormwater in accordance with applicable requirements.
f. The use is in harmony with the general purpose and intent of this
Zoning Bylaw.
In addition to the reasons described herein and as shown on the Site Plans
and other information submitted as part of the site plan review process,
the proposed use is in harmony with the general purpose and intent of
this Zoning Bylaw for the following reasons. First, the location of the
proposed Project is ideally suited to add additional retail and restaurant
uses to complement and build a critical mass which is important to the
future redevelopment of the Route 125 corridor in this area of North
Andover. Second, the siting of a facility in the proposed location will have
the effect of converting an existing blighted property into an important
revenue-generating property for the Town. Third, by maintaining a view
corridor to the Lake from Route 125,and by preserving open space along
the portion of the Property abutting Lake Cochichewick, the Project
will substantially enhance the aesthetics of the Property with new
building design, landscaping and screening while at the same time
preserving an historic barn to be reused as part of the Project in a manner
which restores the historical integrity of the building. Fourth, based upon
the Applicant's experience with similar facilities, the off-street parking
provided is adequate to serve the uses of the property in a safe and
Sile Plan Review,WalashW aM Common Driveway SWml Paints Ma ndmn -- Plmming Board
12
effective manner. Lastly, the project, as shown on the Site Plans, complies
with the Zoning By-Law. For these reasons, all of the proposed
improvements and enhancements noted herein are in harmony with the
general purposes and intent of Section 1 ("Purposes') of the North
Andover Zoning Bylaw.
V. REQUEST FOR APPROVAL
For the above reasons,Osgood Properties LLC respectfully requests that the
Planning Board make the required findings and conditions described under Sections
4.136. 2.31, 8.3 and 10.31 of the North Andover Zoning Bylaw, and grant the Applicants
request for a Watershed Protection District Special Permit, a Common Driveway Special
Permit, a Parking Special Permit, and Special Permit for Site Plan Approval.
Respectfully submitted,
Osgood Properties LLC
By its attorneys,
John 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
Site Plan Review,WaWOM aM Common Driveway SPalal Pwnits Munormdum — Pluming B..d
13
EXHIBIT A
DRAINAGE REPORT
Site Plan Review,Watashd and Cmnmon Driveway Sproul Pamirs MemorarMmn - Pl.m,&W
14
EXHIBIT B
TRAFFIC AND IMPACT ASSESSMENT REPORT
Sim Plan Review,WatenihM aM Common Driveway Spwial Ponnits Memorandum -- Planning Boaid
15
DJKDermot J. Kelly Associates, Inc-
MEMORANDUM
T0: Mr. John T. Smolak FROM: Dermot J. Kelly, PE, PTO
Smolak& Vaughan LLP OJK Associates, Inc,c
21 High Street 280 Main St., Ste. 204
North Andover MA 01645 North Reading. MA 01864
*�
SUBJECT: Trip Generation Study REF: 804
1003 Osgood Street
North Andover, MA
DATE: June 16,2010
INTRODUCTION
DJK Associates, Inc. has conducted a Traffic Generation Study for the proposed construction
and renovation of 25.000 square feet (SF) of gross Boor space dedicated to Restaurant. Retail
and Office land uses. The project consists of the construction of a new building containing
21,000 SF and the renovation and relocation of an existing on site barn which would contain
4.000 SF. The existing residential structure located on site would be demolished. Post
construction the project would consist of 7,000 SF of gross floor space dedicated to a restaurant
use, 7,000 SF of gross floor space dedicated to specialty retail and 11.000 SF of gross floor
space dedicated to office use. The new building would contain all three different land uses each
consisting of 7,000 SF and the renovated barn would consist of 4,000 SF dedicate to office use.
The project parcel is located at 1003 Osgood Street (Route 125/133) in North Andover
Massachusetts. The proposed project is located adjacent to and southwest of 1005-1025
Osgood Street on the southerly side of Osgood Street. Two driveways for access to and egress
from the site are planned to consist of a new driveway located along the westerly side of the
parcel and a common driveway located along the easterly side of the parcel. The common
driveway is existing and it will be shared with the adjacent retail/office facility, Great Pond
Crossing located at 1005-1025 Osgood Street, The common driveway is located on both the
1003 Osgood Street parcel and the 1005-1025 Osgood Street parcel. A total of approximately
109 parking spaces are currently proposed to be located on site.
SITE-GENERATED TRAFFIC VOLUME
Traffic volumes generated by commercial restauranttretailloffice development projects normally
follow well established patterns with respect to magnitude and temporal distribution.
Measurements of numerous such developments conducted by the Institute of Transportation
Engineers (ITE) have established trip generation rates which have been standardized for
analysis purposes. The rates at which commercial projects generate vehicle-trips depend on
the type of commercial project; i.e., restaurant versus specialty retail versus office development
DJKDermot J. Kelly Associates Inc
Mr. John Smolak
June 16.2010
Page 2
projects. Accordingly, the ITE Trip Generation Manual was researched with the appropriate
vehicle-trip generation characteristics applied to the proposed project.
Based on the Institute of Transportation Engineers (ITE) Into generation rates, it is anticipated
that the 25,000 SF commercial restaurant/rretaiVoffice development project would generate
approximately 1,206 vehicle-trips per day. This daily volume would be split evenly with 603
vehicle-tripe entering and 603 vehicle-trips exiting the site over the course of the entire 24-hour
day. More importantly, during the weekday morning peak hour, the proposed development
project would generate a total of 90 vehicle-trips with 53 vehicle-trips entering and 36 vehicle-
trips exiting the project site. Similarly, during the evening peak hour,the project would generate
120 vph, 59 vph entering and 61 vph exiting. The remaining vehicle-trips would occur over the
course of the day. Table 1 summarizes the peak-hour and daily project-generated traffic
volumes for the entire project.
TABLE 1
VEHICLE-TRIP GENERATION SUMMARY is
High- Total
Turnover Spachky Total Trips
(Site Down) Rah/1 lnbmal Along
Time Period/ Restaurant cwder OfRce rr" Osgood
Direction of Travel: 7,00(l 7,000 SF 11,000 SF_25.000 SF Street_
Weekday Morning
Peak Hour:
Entering(vph)b 42 N.A. 18 60 53
Exiting ivoh) 32 N.A. 2 41 36
Total(vph) 81 N.A. 20 101 90
Weekday Evening
Peak Hour:
Entering(vph) 46 17 3 66 59
Exiting(vohl R 21 16 Ng 61
Total(vph) 78 38 19 135 120
Average Dally
TnHlc(ADT):
Entering(vpd) 445 169 64 678 603
Exi ino(vodl 49 169 C44 M 603
Total(vpd) 890 338 126 1,354 1,206
'source.institute of TransportWmn Engineers llTE)land Use Coso(LUC)932 High-Tu o er(Sde-0ownl Restaurant at 7000 5E
plus LUC 814 Still Retail Center at 7.000 SF plus LUC 715 Single Tenant Orboe at Mood SF.Washington,OC 8'''Edition.
2008. M average ih ental muaivuNose trip rate of 11%was assumed between the restaurant retailam ofrxe land uses based
on the searsinternal muh-purpom bio rates for retail and office lam uses as published m Ina,ITE Trip Generatnn Mandpook
Wish differ,oc,Second Edson top
vph:vehitle-tops per hour.
`vpd=vemde tips Porday
8111-1%emt door:6118110
DJKDermot J. Kelly Associates, Inc
Mr. John Smolak
June 16, 2010
Page 2
projects. Accordingly, the ITE Trip Generation Manual was researched with the appropriate
vehicle-trip generation characteristics applied to the proposed project.
Based on the Institute of Transportation Engineers (ITE) trip generation rates, it is anticipated
that the 25,000 SF commercial restauranUretaiUoffice development project would generate
approximately 1,206 vehicle-trips per day. This daily volume would be split evenly with 603
vehicle-tripe entering and 603 vehicle-trips exiting the site over the Course of the entire 24-hour
day. More importantly, during the weekday morning peak hour, the proposed development
project would generate a total of 90 vehicle-trips with 53 vehicle-trips entering and 36 vehicle-
trips exiting the project age. Similarly, during the evening peak hour,the project would generate
120 vph, 59 vph entering and 61 vph exiling. The remaining vehicle-trips would occur over the
course of the day, Table 1 summarizes the peak-hour and daily project-generated traffic
volumes for the entire project.
TABLE 1
VEHICLE-TRIP GENERATION SUMMARY+
High- Total
Turnover Slow" Total Trips
(She Down) Retail Intimal Along
Time Part Restaurant Center Office Trips Osgood
DimtF=of Travel., _ 7,080 SF 7000 SF 1�000SF 14,000 SF __Sheet
Weekday Morning
Peak Hour.
Entering vph)° 42 N.A. 18 60 53
Exiting fvoh) 39 N.A. 2 41 36
Total(vph) 81 N.A. 20 101 90
Weekday Evening
Peak Hour.
Entering(vph) 46 17 3 66 59
Exams(voh) 32 21 i6 669 61
Total(vph) 78 38 19 135 120
Average Dally
Trams/ADT):
Entering(vpd)` 445 169 64 678 603
Exiting ivod) 445 1$,g L 678 §3
Total(vpd) 890 338 126 1,354 1.206
Sound:InstaNe of Transponeron Engineers(ITE)Lend Use Code(LUC)932 Hph4urnovar(Srle-0own)Restaurant at 7,000 SF
plus LUC 814 Speaahy Ransil Center at 7 000 SF plus LUC 715 single Tenant Oeoe st 11.000 SF.Washington.OC 8° Edison.
2908 M average internal mu8rpurpou trip rate of 111E was assumed between the rensuridt retal and olfxxs land uses based
on the average internal muequrposs trip rates for retail and air"lard uses as pearled in the ITE Trip Generation Handbook.
Washugdn,0C.Second Eddmn 2004
°vph-veMek4rrpa per hour.
`vpd=vehitle-irea par day
800. hn'dl= W115110
DJKDermot J. Kelly Associates Inc.
Mr. John Smolak
June 16 2010
Page 2
projects. Accordingly, the ITE Trip Generation Manual was researched with the appropriate
vehicle-trip generation characteristics applied to the proposed project.
Based on the Institute of Transportation Engineers (ITE) trip generation rates, it is anticipated
that the 25,000 SF commercial restauranttretaillofce development project would generate
approximately 1,206 vehicle-trips per day This daily volume would be split evenly with 603
vehicle-trips entering and 603 vehicle-trips exiting the site over the course of the entire 24-hour
day. More importantly, during the weekday morning peak hour, the proposed development
project would generate a total of 90 vehicle-trips with 53 vehicle-trips entering and 36 vehicle-
trips exiting the project site. Similarly. during the evening peak hour, the project would generate
120 vph, 59 vph entering and 61 vph exiting. The remaining vehicle-trips would occur over the
course of the day. Table 1 summarizes the peak-hour and daily project-generated traffic
volumes for the entire project.
TABLE 1
VEHICLE-TRIP GENERATION SUMMARY a
High- Total
Tumover Specialty Total Trips
(Site Down) Retail internal Along
Time Pencil Restaurant Center Office Trips Osgood
Direction of Travel., _- _ T_,000 SF__ Tr000 SF f 11000 Sf _ 25,000 SF Street
Weekday Aiming
Pok Hour:
Entering(vph)b 42 N.A. 18 60 53
Exltino Nor) 39 N.A. 2 41 N
Total(Von) 81 li 20 101 90
Weeirday Evening
Pok Hour.
Entering(vph) 46 17 3 66 59
Exilino(vph l 32 21 16 69 61
Total(vph) 78 38 19 135 120
Average Daily
Traffic(ADT):
Entering(vpd)` 445 169 64 678 603
F-111139LU dl 445 19 64 6778 663
Total hpd) 890 338 126 1.354 1,206
Sourceterrain.of Lanspodation Engineers(ITE)Lane Use Cade(LUC)932 H,gh-Turnovm(Site own)Restawerd at 7,000 SF
pus LUC 914 5peciafty Retail Center at 7 000 SF dus LUC 715 Sirpk Tenant Offen at 11 000 SF.Washington,DC S"Edann.
2005 M average internal muXi-puryose trip one of 11%was assumed between Me restaurantrisen and ogre land uses based
on the average intern o muXbpurgose the rates for nuaii and pare land uses as published in the ITE Trip Generation Handbook
wasonpton.DC.a9CaM Edition 2004.
b vph-vehur.-thps per hour.
`vpd=veludaun is per day
80 WMI Eon:6118/10
EXHIBIT C
WATER QUALITY CERTIFCATIONS AND ANALYSES
Site Plan Review,Watershed and Common Driveway Special Pennies Memoiandum -- Planning Board
16
EXHIBIT D
SITE,LANDSCAPE AND ARCHITECTURAL PLANS
Site Plan Review,WaeashW and C.l.Driveway SP W Permits Memorandum -- Planning 8.d
17
SMOLAK & VAUGHAN John T. Smolak, Esq.
------- _ T: 918-321-5215 1 F.918-321-5219
jsmoiak@smolakvaughan.com
June 18,2010
BY HAND
John Simons,Chairman
Planning Board
Town of North Andover
1600 Osgood Street o -�
North Andover,Massachusetts 01845
" a
W2 �ITl
RE: Applications for Site Plan Review, Watershed Protection District and ns�--' .nom
Common Driveway Special Permits s3, w �m
Property: 1003 Osgood Street
Owner/Applicant Osgood Properties LLC
cT
Dear Chairman Simons and Other Board Members:
On behalf of the Applicant,Osgood Properties LLC,enclosed for filing with the
Planning Board are ten(10) copies of the Application for Site Plan Review Special
Permit,Watershed Protection District Special Permit,Common Driveway Special
Permit, Memorandum in Support of Special Permits,and accompanying Site Plans and
other supporting materials.
Osgood Properties LLC proposes a redevelopment of the Property to include a
21,000 s.f.restaurant/retail/office building, the restoration and relocation of the historic
barn structure to the south of its current location, the construction of a total of 106
parking spaces,the installation of landscaping and lighting,and the preservation of an
open space area along the southern and western boundaries of the site to preserve the
Lake Cochichewick watershed area and adjacent wetland resource areas,all as shown on
the attached site plans. The Property is located within the Business 2(B-2)Zoning
District where the uses described above are permitted.
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.
Sin rely,
!!�_
/h,*T Smolak
cc: Osgood Properties LLC,John Grasso,Manager
Chris Tymula,P.E.,MHF Design Consultants,Inc.
Town Clerk's Office (By Hand)
l000nssa;I IlEast Mill,21 High Street,Suite 301,North Andover,MA 01845
wwwssont AVVArV11ANrnU
PLANNING DEPARTMENT
Community Development Division
Special Permit — Site Plan Review Application
Please type or print clearly.
1.Petitioner: Osgood Properties LLC John Grasso Manager
Petitioner's Address:865 Tumoike Street 2nd Floor, North Andover, Massachusetts 01845
Telephone number:978-502-6030
2.Owners of the Land:Osgood Properties LLC John Grasso, Manager
Address:865 Turnpike Street 2nd Floor North Andover Massachusetts 01845
Number of years of ownership: 2 years. 10 months
3.Year lot was created: December 14 1966 (See Plan No. 5595 recorded with ENRD)
4. Description of Proposed Project: Proiect involves the construction of a new 21.000 s.f. retail,office,and restaurant building,
the relocation of the historic barn to the rear(or southwestern comer of site) the removal of the existing house,the construction of
106 parking spaces the preservation of open space along Lake Cochichewick.and landscaping of areas altered by proposed
Proiect
5.Description of Premises: Existing 3.1-acre parcel with buildings located on south side of Osgood Street.
6.Address of Property Being Affected: 1003 Osgood Street
Zoning District: Business 2(B-2)
Assessors Map: 35 Lot#: 50
Registry of Deeds: Book#: 10893 Page#: 250
7.Existing Lot:
Lot Area(Sq. Ft): 138,729 Building Height:41'6" Existing Barn
Street Frontage: 304.41' Side Setbacks: >25'
Front Setback: 7' Rear Setback: >30'
Floor Area Ratio: 0.07:1 Lot Coverage: 7.0%
8. Proposed Lot(if applicable): NIA
Lot Area(Sq.Ft): 138.729 Building Height; 35'New Buildina
Street Frontage: 304.41' Side Setbacks: 26'
Front Setback: 72' Rear Setback: 64'
Floor Area Ratio: 0.18:1 Lot Coverage: 6.5%
{oomssn�i)
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townofoorthandover.com
9.Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft):25,0000 Building Height: 35 Feet
Street Frontage: 125 Feet Side Setbacks: 25 Feet
Front Setback: 25 Feet Rear Setback: 30 Feet
Floor Area Ratio: 0.75:1 Lot Coverage: 35%
10. Existing Building(if applicable): Existing house to be razed. Barn to be relocated.
Ground Floor(Sq. Ft.): 2.000 #of Floors: 2
Total Sq. FL: 4,000 Height: 41'6"
Use: Vacant Type of Construction: Wood Frame
11. Proposed Building:
Ground Floor(Sq. Ft.):7,000 #of Floors: 3
Total Sq. Ft. 21,000 Height: <35 Feet
Use: Office/Retail/Restaurant Type of Construction:Wood Frame
12. Has there been a previous application for a Special Permit from the Planning Board on these premises?
Yes. If so,when and for what type of construction?Watershed Protection Dist.And Site Plan
Review SP's for renovation and expansion of existing buildings(20041, modified in 2005,and in 2007
13.Section of Zoning Bylaw that Special Permit Is Being Requested 8.3 and 10.3
14.Petitioner and Landowner signature(s):
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 filed 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 Cleric 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 incomplete.
Properties, LLC(Owner and Applicant)
Petitioner's Signature:
Print or type name here:Jo so ana er
Owner's Signature:
Print or type name here:Joh so na er
15. Please list title of plans and documents you will be attaching to this application See list of plans and specifications
described in attached Memorandum.
{00012371;.11
1600 Osgood Street,North Andover,BIdg.20,Suite 236 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townofnofthondover.com
a �
wOR�ry
haa,cwusF
PLANNING DEPARTMENT
Community Development Division
Special Permit— Watershed Permit A licatiT
Please type or print clearly.
1. Petitioner: Osgood Properties LLC John Grasso Manager
Petitioner's Address: 865 Turnpike Street 2nd Floor North Andover Massachusetts 01845
Telephone number:978-502-6030
2.Owners of the Land: Osgood Properties LLC John Grasso Manager
Address: 865 Turnpike Street 2nd Floor North Andover Massachusetts 01845
Number of years of ownership: 2 years10 months
3.Year lot was created: December 14 1966 (See Plan No.5595 recorded with ENRD)
4. Is the lot currently on septic or sewer?
Sewer
If on sewer,please provide date the sewer connection was
completed:unknown
5. Description of Proposed Project: Project involves the construction of a new 21.000 s.f.retail,office,
and restaurant building the relocation of the historic barn to the rear(or southwestem comer of site),the
removal of the existing house the construction of 106 parking spaces the preservation of open space along
Lake Cochichewick and Iandscapino of areas a8ered by proposed Proiect.
6. Description of Premises:Existing 3 1-acre parcel with buildings located on south side of Osgood Street.
7.Address of Property Being Affected: 1003 Osgood Street
Zoning District: Business 2(6-2)
Assessors Map: 35 Lot#: 50
Registry of Deeds: Book#: 10893 Page#: 250
8.Existing Lot:
Lot Area(Sq. Ft): 138,729 Building Height;41'6" Existing Bam
Street Frontage: 304.41' Side Setbacks: >25'
Front Setback: 7' Rear Setback: >30'
Floor Area Ratio: 0.07:1 Lot Coverage: 7.0%
9. Proposed Lot(if applicable): NIA
Lot Area(Sq. Ft): 138.729 Building Height; 35'New Building
Street Frontage: 304.41' Side Setbacks: 26'
Front Setback: 72' Rear Setback: 64'
Floor Area Ratio: 0.18:1 Lot Coverage: 6.5%
{00012370n111age I 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.lownofnorthandover.com
Wiled 8(6)07
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft):25,0000 Building Height:35 Feet
Street Frontage: 125 Feet Side Setbacks: 25 Feet
Front Setback: 25 Feet Rear Setback: 30 Feet
Floor Area Ratio:0.75:1 Lot Coverage: 35a/v
11. Existing Building(if applicable): Existing house to be razed. Barn to be relocated.
Ground Floor(Sq. Ft.):2,000 #of Floors: 2
Total Sq. Ft.: 4.000 Height: >35 Feet I???)
Use: Vacant Type of Construction: Wood Frame
12.Proposed Building:
Ground Floor(Sq. Ft.):7.000 #of Floors: 3
Total Sq. Ft. 21.000 Height: <35 Feet
Use:Office/Retail/Restaurant Type of Construction:Wood Frame
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises? Yes If so,when and for what type of construction?Watershed
Protection Dist.And Site Plan Review SP's for renovation and expansion of existing
buildings(2004), modified in 2005,and in 2007
14.Section of Zoning Bylaw that Special Permit Is Being Requested 4.136 and 10.3.
15.Petitioner and Landowner signature(s):
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 fled 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 Clerk 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 incomplete.
Osgood Properties, LLC(Owner and Applicant)
Petitioner's Signature:
Pdnt or type name here:J so Manager
Owner's Signature:
Printor name here:John rds Manaer
16.Please list title of plans and documents you will be attaching to this application.
See list of plans and specifications described in attached Memorandum.
foouiraro;m)Page 2 of 2
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.lownofnorthandover.com
Edited 8/6/07
w4:
Town of North Andover Planning Board
Application for Special Permit
Please type or print clearly.
1. Petitioner: Osgood Properties LLC (John Grasso,Manager)
Petitioner's Address:865 Turnpike Street,2nd Floor,North Andover, MA 01845
Telephone number:(978)502-6030
2. Owners of the Land: Osgood Properties LLC (John Grasso, Manager)
Address:865 Turnpike Street,2nd Floor, North Andover, MA 01845
Number of years of ownership: 2 years, 10 mos.
3. Year lot was created:December 14, 1966(See Plan No. 5595 recorded with ENRD)
C Description of Proposed Project
PErmll r,, of Pl,LStingrnmmnn dr v,amno mpiarnvarl and rnnern iNnA ',.Inn]1n n twirl.
common access to properties located at 1003 Osgood Street and 1025 Osgood Street.
1FFDS an o Igo ions or common rrveway are su le o g7 MR o aseme'i, EaTe
5. Description of Premises:
_el eth hi i Id i ros th P.mon o.n,md,.n r.,nh cid,of O=nnnd qtr„t
6. Address of Property Being Affected 1003 Osgood Street
Zoning District Business 2(B-2)
Assessors: Map: Lot#
Registry of Deeds: Book Page
7. Existing Lot:
Lot Area(Sq.Ft) 138,729 Building Height-41'6"+/-
Street Frontage: .48 V Side Setbacks: >25
Front Setback: 7T6r Rear Selback:--Wr
Floor Area Ratio: UDTT— Lot Coverage:
8. Proposed Lot(if applicable):
Lot Area(Sq.Ft) 138,729 Building Height35.00'New Building
Street Frontage: Side Setbacks: 29-Mr
Front Setback: Rear Setback:
UMr
Floor Area Ratio: -676T— Lot Coverage:
9. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 25,000 Building Height 35 Feel
Street Frontage: M- eet Side Setbacks: 25 Feet
Front Setback: 25 Feet Rear Setback: 30 Feet
Floor Area Ratio:0.75:1 Lot Coverage: 35%
10. Existing Building(if applicable):
Ground Floor(Sq.FL) 2,000 #of Floors: 2
Total Sq.Ft. 40,0 Height: 41'0"+-
Use: Vacant Type of Construction Mame
I1. Proposed Building:
Ground Floor(Sq.FL) 7.000 #of Floors: 3
Total S9•FL 21,000 Height: net
Use:Offce/Retail/Restaurant Type ofConstructionFrame
12. Has there been a previous application for a Special Permit from the Planning Board on these
premises?Yes If so,when and for what type ofconstruclion?2004-Renov.
13. Section of Zoning Bylaw that Special Permit Is Being
Requested rnmmnn fin vnw;y.';ncr'al aermt _R,Mhn�9 an t and in a
14. Petitioner and Landowner signature(s):
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 filed 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 Clerk 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 B card
of this application as incomplete./plete.\\ D /tl
�
Petitioner's Signature: \ IX, 91-FA.'ei
Print or type name here:dohn GrasliA,
,MManager, Osgood Properties, LLC
Owner's Signature:
Print or type name here:dohn resso, Manager, Osgood Properties,LLC
15. Please list title of plans and documents you will be attaching to this application.
See Memorandum and related attachments.
TOWN OF NORTH ANDOVER PLANNING BOARD
APPLICANT AND OWNER: OSGOOD PROPERTIES LLC
PROPERTY: 1003 OSGOOD STREET
MEMORANDUM IN SUPPORT OF APPLICATION FOR SITE PLAN REVIEW
SPECIAL PERMIT, WATERSHED PROTECTION DISTRICT SPECIAL PERMIT,
PARKING SPECIAL PERMIT AND COMMON DRIVEWAY SPECIAL PERMIT
(Sections 2.30.1,4.136,8.1, 8.3 and 10.3 of North Andover Zoning Bylaw)
I. INTRODUCTION
Osgood Properties LLC (the "Applicant') is the owner of an existing parcel of
land known and numbered as 1003 Osgood Street. The site contains 138,729 square
feet (3.1 acres) of land and is designated on the Town Assessor's Maps as Map 35,
Lot 50 (the "Property"). The Property is located on the southerly side of Osgood Street
to the west of Great Pond Plaza and Mad Maggie's (former Treadwell's site) (1025
Osgood Street) and across the street from Giant Glass (1000 Osgood Street). The
Property is Currently not in use and includes and existing farmhouse and attached barn,
both of which are vacant and in general disrepair.
The Property is located within the Business 2 (13-2) Zoning District within which
the proposed Project uses (retail, restaurant and office uses) are permitted by right but
subject to the relief described below. The Applicant has owned the Property since 2007.
II. PROPOSED PROJECT
Osgood Properties LLC proposes a redevelopment of the Property to include a
restaurant/retail/office building, and the proposed redevelopment Project includes the
following elements:
(a) Construction of new 21,000 s.f. retail/office building which shall include
7,000 s.f. of restaurant space, 7,000 s.f. of retail space, and 7,000 s.f. of office
space designed to integrate with the design of the adjacent Great Pond Plaza,
all as shown on the attached site plans and architectural concept plans;
(b) Relocation of the historic barn structure, containing approximately 4,000 s.f.
of gross floor area, to the south of its current location, and restoration of barn
structure for additional office and/or restaurant use;
(c) Construction of a total of 106 additional parking spaces as depicted on the site
plans;
Site Plan Review,Walelshel ami Common Driveway Special Pennits Mememmium -- Plmming 9oam
1
(d) Installation of extensive landscaping around the perimeter of the Property
both to improve aesthetics in and around the site, and to serve as a buffer
between the property and to properties located in the surrounding area;and,
(e) Permanently preserve an open space area along the southern and western
boundaries of the site to preserve the Lake Cochichewick watershed area and
adjacent wetland resource areas.
The Site Plans showing the proposed improvements are attached as Exhibit D.
III. REQUIRED RELIEF
Based upon our preliminary review of the proposed improvements, and after a
meeting with the Building Commissioner, Osgood Properties LLC has determined that
the following relief is required under the North Andover Zoning Bylaw:
a. Site Plan Review Special Permit(Sections 8.3 and 10.3 of NAZB);
b. Watershed Protection District Special Permit(Sections 4.136 and 10.3 of
NAZB);
C. Parking Special Permit(to be issued through Site Plan Review pursuant to
Section 8.1 of NAZB); and,
d. Common Driveway Special Permit(Sections 2.30.1 and 10.3 of NAZB).
hr addition to approvals required from the Planning Board, the proposed Project
will require an Order of Conditions issued by the North Andover Conservation
Commission. The project will also require the issuance of a highway access permit from
MassDOT's Highway Division (formerly MassHighway), and the project will be subject
to hazards to navigation review by the Federal Aviation Administration(FAA) and
airspace review by the MassDOT's Aeronautics Division (formerly the Massachusetts
Aeronautics Commission).
Over the course of the past months, representatives of the Applicant have met
with representatives of the Planning Department, the Building Department, Fire
Department,Police Department, and Conservation Commission. The Applicant's
Project was also reviewed by the Towns Technical Review Committee (TRC). As a
result of those meetings and consultations, a number of their recommendations have
been incorporated into the Site Plans,
Site Plan Review,Watershed arM Common Driveway SWeial Permits Manorandwn -- Planning Board
2
IV. SITE PLAN REVIEW AND SPECIAL PERMIT CRITERIA
Section 8.3(6) and Section 10.31 of the Zoning Bylaw list the criteria by which the
Planning Board will evaluate the Project as part of its site plan review special permit
process. A description of these criteria, and how the Project meets such criteria,are
described as follows:
A. SITE PLAN REVIEW CRITERIA(Section 8.3)
GENERAL
a. Conformance with all appropriate provisions of the Zoning Bylaw.
The proposed retail, restaurant and office uses are uses allowed by right in
the Business Two (B-2) Zoning District. The Project also conforms to all
dimensional criteria listed in Section 7, including but not limited to, Table
2 (Summary of Dimensional Requirements), of the North Andover Zoning
Bylaw. Compliance with dimensional requirements is summarized on
the Site Plans as well as on the Site Plan Review Application Form.
b. Protection of abutting properties from detrimental site characteristics.
The Project provides appropriate building setbacks from the adjacent
properties. The adjoining business properties will not be negatively
impacted by the proposed Project,but the Project in fact will complement
the surrounding uses.
ENVIRONMENTAL
a. Protection of unique or important natural, historic or scenic features.
Of prime importance is to ensure that there will be no impacts to Lake
Cochichewick and immediate watershed areas. For these reasons, the
Project has been designed with enhanced stormwater management
measures to ensure that there is no degradation of water quality as a result
of the Project. To minimize and potential cutting or grading, the existing
site grades and mature vegetation will be maintained to the extent
practicable,and an appropriate natural buffer will be provided. Wetland
resource areas will not be impacted, as the 25-foot non-disturbance zone
described in the North Andover Wetlands Protection Bylaw will be
maintained, and other storm water management measures will be
implemented, to protect wetland resource areas. Moreover, the Applicant
intends to relocate the existing historic bam located on the Property and to
restore and preserve this important historical resource of the Town.
Site Plan Review,Watershed and Common Driveway Special Peonita Memorandum -- Palming Board
3
b. Adequacy of proposed methods of refuse disposal.
The Project includes a disposal area located on the Property as depicted on
the Site Plans. The disposal area (which will be screened with a six (6')
foot chant link fence with privacy slats) will adequately handle the needs
of the building, and provide for appropriate screening of the facilities.
Solid waste disposal would be handled by a private commercial hauler.
C. Ability of proposed sewage disposal and water supply systems within
and adjacent to the site to serve the proposed use.
The Project will be connected to the municipal water system available in
Osgood Street. Sufficient capacity exists within the municipal system to
accommodate the proposed Project's water needs. The Project will also
include a sewer tie-in connection from the 1025 Osgood Street sewer main
which has already been constructed up to the property line of 1003
Osgood Street.
d. Adequacy of the proposed drainage system within and adjacent to the
site to handle the increased runoff resulting from the development.
A sub-surface drainage system is being proposed, and accommodates all
runoff resulting from the development. Proposed stormwater
management consists of parking lot street sweeping, underground pipe
and stone infiltration trenches for recharge of rooftop runoff and a closed
drainage system consisting of deep sump,hooded catch basins,
Stormceptor treatment devices and an underground stormwater detention
system to control peak rates of runoff. All drainage and runoff systems
are designed to prevent the contamination of groundwater, and drainage
and runoff will be recharged onsite. Stormceptors will provide
pretreatment of stormwater runoff. Site stormwater will be managed in
accordance with the DEP's Stormwater Management Policy and related
technical guidance, and will also be separately reviewed as part of the
wetlands review process by the North Andover Conservation
Commission. Please refer to the enclosed Drainage Report attached as
Exhibit A for additional information.
e. Provision of adequate landscaping, including the screening of adjacent
residential uses, provision of street trees, landscape islands in the
parking lot and a landscape buffer along the street frontage.
Site Plan Review,Watemhei and Comm Driveway Spmial Paw*Memorandum -- Planning Board
4
Existing vegetation is comprised of mature mined hardwoods and open
field areas, and provides a significant natural buffer between this property
and the abutting uses, particularly as it relates to the Lake. This
submission also includes a Landscape Plan providing proposed
landscaping within the parking lot, side yard, and front yard areas which
identify additional buffering and screening areas. A copy of the
Landscape Plan is attached as part of the Site Plans.
f. Adequacy of the soil erosion plan and any plan for protection of steep
slopes,both during and after construction.
An erosion control plan has been provided as part of this submission. All
proposed grades within landscape areas will not exceed 2:1, and all slopes !,
will be stabilized both during and after construction. The Applicant will
take particular care with respect to maintaining enhanced erosion and
sedimentation controls to avoid impact to both on-site wetlands and
adjacent properties.
g. Protection of adjacent properties by minimizing the intrusion of
lighting, including parking lot and building exterior lighting.
A lighting facilities plan has been provided as a part of this submission
and will be consistent with the lighting plan implemented as part of the
redevelopment of 1025 Osgood Street. Light poles will include recessed
bulbs with flat lenses to eliminate glare. Lighting will not cause glare and
will minimize spillover onto adjacent properties or streets.
h. The proposed development must not present a demonstrable adverse
impact on the surrounding area resulting from excessive noise,dust,
smoke,or vibration which are higher than levels now experienced from
uses permitted in the surrounding area.
The proposed use is to be located adjacent to Route 125 and is surrounded
by retail,office and industrial uses. The Project proposes to include a
combination of retail,restaurant and office uses. The Project layout has
been designed to ensure that there will be no long-term impact on the
surrounding area from excessive noise, dust, smoke or vibration.
DESIGN
a. Buildings shall be located with respect to setbacks placement of parking
landscaping and entrances and exits with surrounding buildings and
Site Plan Review,Watershed and Common Driveway Special Pamirs Memorandmn -- Planning Boa d
5
development.
The proposed site plan conforms to the required building setbacks, and no
conflict will exist between this site and the existing parking,landscape,
entrance or exit of another adjacent use. The proposed building has been
located in compliance with setback requirements, and is located in a
manner consistent with the adjacent Great Pond Crossing budding at 1025
Osgood Street. The Traffic Impact and Access Study (the "Traffic Report")
provides additional detail on the adequacy of site circulation as related to
existing surrounding buildings and development. A copy of the Traffic
Report is attached as Exhibit B.
b. The buildings shall relate harmoniously to each other in architectural
style, site location and building exits and entrances.
The architectural style of the proposed building has been designed in a
manner to complement the architectural style of the buildings at Great
Pond Crossing, and will complement the existing retail facility. A set of
architectural elevations is attached as part of the Site Plans.
C. Screening shall be provided for storage areas, loading docks, dumpsters,
rooftop equipment, utility buildings and similar features.
The proposed refuse area will be screened with a 6' chain link fence
enclosure with privacy slats. All mechanical, electrical and HVAC units
have been either located within the building or will be suitably screened,
and will not be visible, or create a nuisance, to surrounding properties.
d. Electric, telephone,cable t.v.,and other such lines and equipment must
be placed underground.
All utilities will be located underground. Please refer to the enclosed
utility plan shown as part of the Site Plans for more detailed information.
e. Demonstrate that the scale, massing and detailing of buildings are
compatible with those prevalent in the surrounding area.
The Project structures will be designed to respect the scale and style of the
buildings in the surrounding neighborhood, and in particular, the
adjacent building at 1025 Osgood Street. Please refer to the attached
architectural renderings and elevations for additional detail.
Site Plan Review.Watershed nM Cmtunon Driveway Special Pennim Memorandum -- Planning Bold
6
TRAFFIC/PARKING
a. The location and number of curb cuts shall be minimized to reduce
turning movements, and hazardous exits and entrances.
The location and number of curb cuts proposed las been reviewed and is
appropriate for the proposed use, as further described in the Traffic
Report. Moreover, the Project traffic consultant has consulted or will
consult with MassDOT's Highway Division to ensure that all proposed
cuts conform to MassDOT standards. The driveways have been designed
to provide sight lines that exceed minimum requirements for safe
stopping distances. The proposed landscaping and signs in the vicinity of
the site driveway have been located sufficiently back from Osgood Street
so as not to impede the available sight distances. Turns into the site
driveway will operate at an appropriate level-of-service (LOS) during the
peak hours. Exiting movements from the site driveway will operate at an
appropriate LOS during the peak hours as described in the Traffic Report.
b. Provision for access to adjoining properties shall be provided as
appropriate.
As described below and shown on the Site Plans,the existing common
driveway along Osgood Street, along with proposed circulation
improvements to the rear of the property, have been designed and
constructed to enhance access and circulation in conjunction with Great
Pond Crossing.
C. Driveways shall be located opposite each other wherever possible.
To the extent practicable, the proposed Project driveway curb cuts off of
Osgood Street will be aligned with the existing driveways across Osgood Street.
d. Joint access driveways between adjoining properties shall be
encouraged.
As depicted on the Site Plans, a joint,or common, driveway was required
under past approvals and constructed off of Osgood Street.
e. Internal circulation and egress shall provide for traffic safety.
Internal circulation has been designed to minimize conflicts between cars,
trucks and pedestrians, all as more detailed in the Traffic Impact and
Access Study. This site does not provide direct or indirect access to minor
streets servicing single-family dwellings.
Site Plen Review,Wamrshed and Common Dnveway Spmial P.,u Memorandum -- Planning Board
For the reasons described above and in the supporting documentation and Site
Plans described above, the Applicant respectfully requests the Board to vote to grant
Site Plan Approval of the Project.
B. WATERSHED PROTECTION DISTRICT CRITERIA (Section 4136)
The Project is located partially within the Watershed Protection District
boundaries so only those portions of the Property within the defined District must
comply with Section 4.136 of the NAZB. Moreover, since the Property is located on a
lot recorded on December 14, 1966(i.e., prior to the date of the enactment of
amendments to the District in 1994), the provisions relating to the Conservation Zone
and the erdargement of the Non-Disturbance Zone and the Non-Discharge Zones do not
apply to the Project as described in Section 4.136(2)(0 of the NAZB.
Accordingly, the following are the zones applicable to the Project:
Table 2.Lots created on ar riot to October 24 1994
Non-Disturbance Non-Discharge
From Annual High 250 Feet 325 Feet
Water Mark
Of Lake Cochichewick
From Edge of All 100 Feet 325 Feet
Wetland Resource
Areas Within the
Watershed District
Section 4.136(4) of the NAZB ('Special Permit Requirements")requires the
following information to be provided:
(a) a written certification by a Registered Professional Engineer, or other
scientist educated in and possessing extensive experience in the science of hydrology
and hydrogeology, stating that there will not be any significant degradation of the
quality or quantity of water in or entering Lake Cochichewick, is attached as Exhibit C.
(b) As demonstrated by the Site Plans and supporting information, there is no
reasonable alternative location outside the Non-Disturbance and/or Non-Discharge
Buffer Zones, for any discharge, structure, or activity, associated with the proposed use
to occur.
(c) As demonstrated by the Site Plans and supporting information in Exhibits
A and C,all on-site operations including, but not limited to,construction, waste water
disposal, and fertilizer applications will not create concentrations of nitrogen in
groundwater, greater than the Federal limit at the down gradient property boundary.
Site Plan Review,WamshN and Coneon Driveway Special Pennila Me n itandum -- Planning Beard
8
(d) Based upon a determination by the Project engineer, no concentrations of
nitrogen or phosphorous are anticipated to be generated as part of this Project.
(e) As demonstrated by the Site Plans and supporting information in
Exhibits A and C, any runoff from impervious surfaces will, to the extent possible, be
recharged on site and diverted toward areas covered with vegetation for surface
infiltration.
Accordingly, the Applicant respectfully requests the Board to find that, as a
result of the proposed use in conjunction with other uses nearby, there will not be any
significant degradation of the quality or quantity of water in or entering Lake
Cochichewick.
C. PARKING SPECIAL PERMIT CRITERIA (Section 8.1)
The Applicant proposes on-site parking which both meets the needs of persons
to be employed or to make use of the services to be provided at the Property,while at
the same time promoting better site design through the use of flexible parking
standards as described below. As more particularly shown on the Site Plans,the
proposed project would provide a total of 106 spaces where 163 spaces would be
required in accordance with the Section 8.1(4)("Table of Off-Street Parking").
Accordingly,the Applicant feels that a Special Permit resulting in a reduced number of
proposed parking spaces is appropriate given the varying peak demands of the various
uses on the Property,and in conjunction with a reduction of parking spaces based upon
projected uses, the parking at the Property will not cause detriment to the surrounding
neighborhood since the proposed parking program for the site will not increase traffic
congestion or queuing or otherwise result in unsafe conflict of motor vehicle and
pedestrian traffic, as further described in the Traffic Report attached hereto as
Exhibit B.
Specifically, as further depicted on the Site Plans,the proposed parking spaces
and maneuvering aisles will meet the minimum dimensional standards described in
Section 8.1.5 of the NAZB, and will comply with standards for: vehicular and
pedestrian circulation, driveway egress points; surfacing, drainage and curbing;
loading; and, lighting.
As to the requirements for the location and layout of parking facilities under
Section 8.1.6 of the NAZB, the required off-street parking spaces and loading bays shall
be provided on the same lot as the principal or accessory use they are required to serve,
except for those spaces proposed to be shared with the owner of 1025 Osgood Street as
allowed under Section 8.1.8(d).
Site Plan Review,Wateished aid Common Driveway Speial Pa its Memorandwn -- Planning Board
9
As noted above, the Applicant is requesting relief from certain parking standards
as authorized under Section 8.1.8 of the NAZB as part of the Site Plan Review Special
Permit process, and described below:
(1) Common Parking Areas and Multiple Use Facilities (Section 818(e))
The Project will involve a combination of retail, restaurant and office uses on the
Property, and many of the uses will have varying peak parking demand. As described
in the Traffic Report, the hours, days, or peak parking or loading demand for the uses
are so different that the proposed number of Project spaces will provide adequately for
all uses or activities served by the parking facility, and the location of the parking
facility in relation to the uses proposed to be served by it is appropriate. More
specifically, the parking demand analysis contained within the Traffic Report supports
the proposal for the reduced parking demand, especially when combined with the
parking usage of the 1025 Osgood Street site.
(2) Reduction in Parking (Section 8 1 88(g))
In addition to the common parking spaces noted above, the Applicant is
proposing to reduce the number of parking spaces to 106 spaces, representing a 35%
reduction of the total number of spaces otherwise required Under the Table of Parking
Requirements in Section 8.1.4. Based upon the projected parking usage and other
information contained within the Traffic Report, the Applicant feels that such lesser
amount of parking spaces is justified.
Accordingly, based upon the Traffic Report, the Site Plans, and other information
filed with the Board as part of this hearing, the proposed parking adjustments identified
above will not cause detriment to the surrounding neighborhood through increased
traffic volumes, will not result in increased congestion or queuing since circulation will
be enhanced through shared parking and access points, and will actually improve on-
site and off-site traffic patterns and access to the Property and will not result in any
unsafe conflict of motor vehicle and pedestrian traffic. For these reasons,the Applicant
respectfully requests the Planning Board to vote to approve these parking and access
adjustments described above, and depicted on the Site Plans as part of its Site Plan
Review Decision.
D. COMMON DRIVEWAY SPECIAL PERMIT (Section 2 3011
As part of the traffic enhancements proposed and approved for Great Pond
Crossing, a common driveway servicing both 1025 Osgood Street as well as the
Property was required, and has been constructed but never formally approved by
Special Permit. Such common driveway is subject to a recorded maintenance
agreement running with the land which serves to reduce curb cuts otherwise required
Si4 Plan Review,WaWshed and Ccn n n Dnveway Special Permits Mn inmadum -- Plmming Board
10
for the Property. Such common driveway enhances safety for motorists entering or
exiting the site, as well as enhance safety for motorists and others driving by the
Property along Osgood Street and Great Pond Road. For these reasons, the Applicant
respectfully requests the Planning Board to vote to approve a common driveway special
permit for the proposed common driveway depicted on the Site Plans pursuant to
Sections 2.30.1 and 10.3 of the Zoning Bylaws.
E. 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.
a. The specific site is an appropriate location for such a use, structure or
condition.
As the property is zoned for retail,office and restaurant use, the site is an
appropriate location for the proposed Project. The site design
compliments the surrounding uses and provides for sufficient traffic and
circulation improvements, as well as sufficient water and other utilities.
b. The use as developed will not adversely affect the neighborhood
character.
The Project provides appropriate building, landscaping and screening set
back from the adjacent properties. The character of the architectural style
of the proposed new building will complement the architectural style of
existing buildings located at 1025 Osgood Street, and the Applicant's
proposal to restore the historic barn will further serve to preserve and
enhance important historical structures within North Andover.
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 fill an important service and
community need for the Route 125 corridor as it will both serve to provide
additional critical mass of retail, restaurant and other facilities which are
important for the redevelopment of the Route 125 corridor as adjacent
properties are redeveloped, and from a planning and social perspective,
the proposed uses will serve to ensure that such facilities will be
Site Plan Raiew,W..W and Common Driveway Spial farm[ Memorandum -- PUrming Board
ll
established in the most appropriate location along this stretch of Route
125 while at the same time preserving and enhancing the protection of
Lake Cochichewick. From an economic standpoint, the Project will
serve as a new source of tax revenue to the Town with potential new
employment opportunities for the area, and return a currently vacant,
dilapidated and unused site back to productive economic use.
d. There will be no nuisance or serious hazard to vehicles or pedestrians.
Driveways have been located to provide for the best available sight
distance along Osgood Street. Site improvements have been designed to
maximize on-site and off-site safety. For additional detail please refer to
the enclosed Traffic Report.
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 Project.
Stormwater management facilities will provide adequate treatment of
stormwater in accordance with applicable requirements.
f. The use is in harmony with the general purpose and intent of this
Zoning Bylaw.
In addition to the reasons described herein and as shown on the Site Plans
and other information submitted as part of the site plan review process,
the proposed use is in harmony with the general purpose and intent of
this Zoning Bylaw for the following reasons. First, the location of the
proposed Project is ideally suited to add additional retail and restaurant
uses to complement and build a critical mass which is important to the
future redevelopment of the Route 125 corridor in this area of North
Andover. Second, the siting of a facility in the proposed location will have
the effect of converting an existing blighted property into an important
revenue-generating property for the Town. Third, by maintaining a view
corridor to the Lake from Route 125,and by preserving open space along
the portion of the Property abutting Lake Cochichewick, the Project
will substantially enhance the aesthetics of the Property with new
building design, landscaping and screening while at the same time
preserving an historic barn to be reused as part of the Project in a manner
which restores the historical integrity of the building. Fourth, based upon
the Applicant's experience with similar facilities, the off-street parking
provided is adequate to serve the uses of the property in a safe and
Site Plan Review,Wmmahvd and Common Driveway Special Pmmits Menmrandum -- Planing Board
12
effective marmer. Lastly, the project, as shown on the Site Plans, complies
with the Zoning By-Law. For these reasons, all of the proposed
improvements and enhancements noted herein are in harmony with the
general purposes and intent of Section 1 ("Purposes') of the North
Andover Zoning Bylaw.
V. REQUEST FOR APPROVAL
For the above reasons, Osgood Properties LLC respectfully requests that the
Planning Board make the required findings and conditions described under Sections
4.136. 2.31, 8.3 and 10.31 of the North Andover Zoning Bylaw,and grant the Applicant's
request for a Watershed Protection District Special Permit, a Common Driveway Special
Permit, a Parking Special Permit, and Special Permit for Site Plan Approval.
Respectfully submitted,
Osgood Properties LLC
By its attorneys,
John 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
Sde Plan Review,W atmhM aM Common Dnvmw Special Pm iU M®noi ndwn — Planning Board
13
EXHIBIT A
DRAINAGE REPORT
Site Plan Review,W alusM1M and Common Driveway Spmial Permits MemmaMum -- Planning Boaid
14
EXHIBIT B
TRAFFIC AND IMPACT ASSESSMENT REPORT
Site Plan Review,Wadmhed and Common Driveway Special Pmnits Memorandum -- Planning Bond
15
DJKDermot J. Kelly Associates, Inc.
MEMORANDUM �y�I
TO: Mr. John T. Smolak FROM: Dermot Kelly, PTO
Smolak 8 Vaughan LLP DJK Associates,
ciates, Inc,c
21 High Street 280 Main St., Ste. 204
North Andover, MA 01845 North Reading. MA 01884
SUBJECT: Trip Generation Study REF: 804
1003 Osgood Street
North Andover, MA
DATE: June 18, 2010
INTRODUCTION
DJK Associates, Inc. has conducted a Traffic Generation Study for the proposed construction
and renovation of 25,000 square feet (SF) of gross Floor space dedicated to Restaurant. Retail
and Office land uses. The project consists of the construction of a new building containing
21,000 SF and the renovation and relocation of an existing on site barn which would contain
4.000 SF. The existing residential structure located on site would be demolished. Post
construction the project would consist of 7,000 SF of gross Floor space dedicated to a restaurant
use, 7,000 SF of gross floor space dedicated to specialty retail and 11.000 SF of gross Floor
space dedicated to office use. The new building would contain all three different land uses each
consisting of 7,000 SF and the renovated barn would consist of 4,000 SF dedicate to office use.
The project parcel is located at 1003 Osgood Street (Route 1251133) in North Andover.
Massachusetts. The proposed project is located adjacent to and southwest of 1005-1025
Osgood Street on the southerly side of Osgood Street. Two driveways for access to and egress
from the site are planned to consist of a new driveway located along the westerly side of the
parcel and a common driveway located along the easterly side of the parcel. The common
driveway is existing and it will be shared with the adjacent retail/office facility, Great Pond
Crossing located at 1005-1025 Osgood Street. The common driveway is located on both the
1003 Osgood Street parcel and the 1005-1025 Osgood Street parcel. A total of approximately
109 parking spaces are currently proposed to be located on site.
SITE-GENERATED TRAFFIC VOLUME
Traffic volumes generated by commercial restaurant/retail/office development projects normally
follow well established patterns with respect to magnitude and temporal distribution.
Measurements of numerous such developments conducted by the Institute of Transportation
Engineers (ITE) have established trip generation rates which have been standardized for
analysis purposes. The rates at which commercial projects generate vehicle-trips depend on
the type of commercial project: i.e., restaurant versus specialty retail versus office development
DJK Dermot J Kelly Associates Inc
Mr. John Smolak
June 16, 2010
Page 2
projects. Accordingly. the ITE Trip Generation Manual was researched with the appropriate
vehicle-trip generation characteristics applied to the proposed project.
Based on the Institute of Transportation Engineers (ITE) trip generation rates, it is anticipated
that the 25,000 SF commercial restaurant/retail/office development project would generate
approximately 1,206 vehicle-trips per day. This daily volume would be split evenly with 603
vehicle-trips entering and 603 vehicle-trips exiting the site over the course of the entire 24-hour
day. More importantly, during the weekday morning peak hour, the proposed development
project would generate a total of 90 vehicle-trips with 53 vehicle-trips entering and 36 vehicle-
trips exiling the project site. Similarly, during the evening peak hour, the project would generate
120 vph, 59 vph entering and 61 vph exiling. The remaining vehicle-trips would occur over the
course of the day. Table 1 summarizes the peak-hour and daily project-generated traffic
volumes for the entire project.
TABLE 1
VEHICLE-TRIP GENERATION SUMMARY a
Nigh- Total
Turnover Specialty Total Trips
(Site Down) ROW Internal Along
rime Panic& Restaurant Canter Office Trips Osgood
-Dincgon of Travel: 7 000SF,__.MSF, 110008F-_15,000 SF Street_ _
Workday Morning
Peak Hour:
Entering(vph) 42 N.A. 18 60 53
Exihno fvohl 39 N.A. 2 41 36
Total(vph) 81 N.A. 20 101 90
Weekday Evening
Peak Hour:
Entering(vph) 46 17 3 66 59
Exiuna(vnh) 32 21 16 RQ 61
Total(vph) 78 38 19 135 120
Average Dally
Traffic(ADT):
Entering(vpd)` 445 169 64 678 603
Exitkro(vodl 445 1169 64 ¢76 603
Total(vpd) 890 338 126 1,354 1,206
Source.Instoloe of Transportation Engineers OTE)Land Use Code(LUC)932 Hqh-Turnove (Silo-Down)Restaurant at 7 000 5F
on LUC Bu spewtly Retail Center at 7,000 SF plus LUC 715 Single Tenant Dain et 11,000 SF.Washington,DC 8"Edition.
2008. M avera9e internal mutli.puryase trip rate of 11%"a assumed between the restauranl.retail.and oXrn IoM mos based
on the anarage internal Ihuaepulpdae trip ratan for retail act office land Ines as pubtisred in trio me Trip Generation HaMlodi
wassoaton,oc.Serono Edtion 200a
°vph=whlele-Wo.per Mur.
r vpd-veh,Ck1rip6 per day
a0a-Mem1 docs.6,113110
DJKDermot J. Kelly Associates, Inc.
Mr. John Sal
June 16,2010
Page 2
projects. Accordingly, the ITE Trip Generation Manual was researched with the appropriate
vehicle-trip generation characteristics applied to the proposed project.
Based on the Institute of Transportation Engineers (ITE) trip generation rates, it is anticipated
that the 25,000 SF commercial restaurant/retail/office development project would generate
approximately 1,206 vehicle-trips per day. This daily volume would be split evenly with 603
vehicle-tripe entering and 603 vehicle-trips exiting the site over the course of the entire 24-hour
day. More importantly, during the weekday morning peak hour, the proposed development
project would generate a total of 90 vehicle-trips with 53 vehicle-trips entering and 36 vehicle-
trips exiling the project site. Similarly, during the evening peak hour,the project would generate
120 vph, 59 vph entering and 61 vph exiting. The remaining vehicle-trips would occur over the
course of the day. Table 1 summarizes the peak-hour and daily project-generated traffic
volumes for the entire project.
TABLE 1
VEHICLE-TRIP GENERATION SUMMARY a
High- Total
Tomover Specialty Total Trips
illi Down) Retail Internal Along
rime Period/ Restaurant C2nMr Office Trips Osgood
DIMVW of Travel: 7.000 SF 7000 SF 11,0003F 23,000 SF Sheet
Weekday Morning
Pesk Now:
Entering(vph)' 42 N.A. 18 6o 53
Exiting(vph) 22 N.A. 2 41 36
Total(vph) 81 N.A. 20 101 90
Weekday Evening
peak Hour:
Entering(vph) 46 17 3 66 59
Exitlno(voh) 32 21 16 89 CLt
Total(vph) 78 38 19 135 120
Average Dally
TraMc(ADT):
Entering(vpd)` 445 169 64 678 603
Exiano(vpd) 445 i�i9 64 678 6030
Total(vpd) 890 338 126 1,354 1.206
'Source:Institute V Transportation Engineers(ITE)Land Use Code(LUC)932 aqh-Turnover(Sde-0 n)Restaurant at 7,000 SF
plus LUC 514 Speaeey Read Cerner at 7 000 SF plus LUC 715 Single Tene s Gem N 11.=SF.Washington.DC V' Edinien.
2009 M average internal muMrpuTose trip rate of 11%was assumed helween the restaurant.read ant oam land uses pried
on the average internal mupi-purpose trip rates for retell am office our uses as popllshed in the ITE Trip Generation Handpuok.
Wash u Zon,DC.second Edition YWl.
vPh'vehidNdpa par hour.
`inch=velnd rips per day
lxk#bmr..,916110
DJKDermot J. Kelly Associates Inc
Mr. John Smolak
June 16.2010
Page 2
projects. Accordingly, the ITE Trip Generation Manual was researched with the appropriate
vehicle-trip generation characteristics applied to the proposed project.
Based on the Institute of Transportation Engineers (ITE) trip generation rates, it is anticipated
that the 25,000 SF commercial restauranyretailioffice development project would generate
approximately 1,206 vehicle-trips per day This daily volume would be split evenly with 603
vehicle-trips entering and 603 vehicle-trips exiting the site Over the course of the entire 24-hour
day. More importantly, during the weekday morning peak hour, the proposed development
project would generate a total W 90 vehicle-trips with 53 vehicle-trips entering and 36 vehicle.
trips exiting the project site. Similarly. during the evening peak hour, the project would generate
120 vph, 59 vph entering and 61 vph exiting. The remaining vehicle-trips would occur over the
course of the day. Table 1 summarizes the peak-hour and daily project-generated traffic
volumes for the entire project.
TABLE 1
VEHICLE-TRIP GENERATION SUMMARY a
High- Total
Tumover Specialty Total Trips
(Site Down) MINI internal Along
Time Podell Restaurant Center Offlea Trips Osgood
Direction of TnvN: 7,000 Sle _ 1000 SF H 000 SF___?S 03 00 SF _ Street
Weekday Morning -- -
Peak Hour.
Entering(vph)° 42 N.A. 18 60 53
Exxino(von) 39 N.A. 2 41 36
Total(vph) 81 N.A 20 101 90
Weekday Evening
Peak Hour.,
Entering(vph) 46 17 3 66 59
ExitinD(vohl 32 21 16 69 61
Total(vph) 78 38 19 135 120
Average DaOy
Trall7c(Al
Entering(vpd)` 445 169 64 678 603
Exiting Nodl 445 169 64 9a 6613
Total(vpd) 890 338 126 1,354 1,206
°Sourm:helaule a Tnansponathin Engineers tlMi Land Use Cede,(LUC)932 Hgh-Turnover 01.-Down)Restaurant at 7,000 SF
plus LUC 814 Speoaxy Retail center at 7 000 Sr that LUC 715 Single Tenant Oleoe at 11 ODO SE,Washegton.DC.a"Etlnwn,
2009 a average internal muaiqurpose trip rale 1 i t%was office
,tl.. a a.the rethad,tt.retail.a,Gene la,uses bash
on the average internal-.111-P.W.I. ZX trry rates kr Wall and office U,ants as pGMisMd w Ins its Trip Oeneratwn Hend.00k
W inington.DC.Seco,Fenlon 2004.
°con=vennJe-moa pe,nour.
`vpd=veMchtnps per day
8NWd.1 tlou:6ny10
EXHIBIT C
WATER QUALITY CERTIFCATIONS AND ANALYSES
Sile Plan Review,W slashed and Common Driveway SPmial P.,8 Memo�andam -- Planning Board
16
EXHIBIT D
SITE.LANDSCAPE AND ARCHITECTURAL PLANS
Site Plan Review,Watershed and Common Driveway Speeial Permi6 Memorandum -- Planning Board
17
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 813 — Certificate of Compliance 242-1232
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
fors on the
computer,use Osgood Properties LLC Go John Grasso
only the tab key Name
to move your 865 Turnpike Street 2m Floor
cursor-do not
use the return Mailing Address
key. North Andover MA 01845
Cityrrown ' State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Thomas Properties LLC
sa Name
June 15, 2004 242-1232
Dated DEP File Number
3. The project site is located at:
1003 Osgood Street North Andover
Street Address Cityrrown
Map 35 Parcel 50
Assessors Map/Plat Number ParceVLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(ff different)
Essex North 6895 325
County Book Page
Certifinte
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
Date
"'> ^re�GK• ^'_rMV9 wAF.-ee,Cenifiule of C—ni.anm•vape 1 a3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 813 — Certificate of Compliance 242-1232
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provieee by DEP
B. Certification
Check all that apply:
❑ Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
® Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditiohs.
❑ Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring,that should continue for a longer period).
Condition Numbers:
C. Authorization
Issued by:
North Andover /
Conservation Commission 4.5M&Is ante
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
hftp://www.mass.gov/dep/abouYreQion/findyour.htm .
Signatures:
, L
4� G
vyeM1mbQ •m.t NPA Fonn BB.Cemi wof Compoffntt-Page 2of3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 813 — Certificate of Compliance 242-1232
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provkled by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:------ -------------._._._._.---.----- --------------- ---.---.---._.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
1003 Osgood Street 242-1232
Project location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for.
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land,the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpelrm0¢doc-ray.ty23N9 WPA Form Be,Cenifi W Ca ,an,Pee 3 of
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource: tion-Wetlands MassDEP File 4:242-1491
LO WPA Formrm 5 5-Order
of Conditions eDEP Transaction 4:365945
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/1'own:NORTHANDOVER
A. General Information
I.Conservation Commission NORTH ANDOVER
2.Issuance a OO 00C b.J7 Amended CDC
3.Applicant Details
a First Name JOHN b.LastNarne GRASSO
C.Organization OSGOOD PROPERTIES LLC
d.Mailing Address 865 TURNPIKE STREET
e.Civrawn NORTHANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a First Name JOHN b.LastNamc GRASSO
c.Oeganushon OSGOOD PROPERTIES LLC
d.MailingAddress 865 TURNPIKE STREET
e.CityiTown NORTHANDOVER. f State MA g.Zip Code 01845
5.Project Location
a.Street Address 1003 OSGOOD STREET
b.City/rown NORTHANDOVER c.Zip Code 01845
d.Assessors Map/Plats 35 e.Parcel/LotX 50
f Latitude 42.71386N &Longitude 71.11598W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 10893 250
7.Dates
a.Date NOI Filed:7212010 b.Date Public Hearing Closed:21911011 c.Date Oflssumce: 3/1/2011
8.Final Approved Plans and Other documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
PROPOSED SITE
DEVELOMENT MHF DESIGN FRANK G.MONTIERO& 02/032011 1"=20"
PLANS FOR MAP CONSULTANTS,INC. DAVID R.JORDAN
35 LOT 50
B. Findings
Page I of 10 a ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MawDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1491
WPA Form 5 -Order of ConditionsAc .G. tyro Transaction
36ANDOVER
945
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review ofthe the above-referenced Notice of Intent and based on the informationprovided in this application and
presented at the publicbearing,this Commission finds that the areas in which work isproposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a G Public Water Supply b. r Land Containing Shellfish c.ry Prevention ofPollution
d. E Private Water Supply e. I✓1 Fisheries f. El Protection of Wildlife Habitat
g. Fl Ground Water Supply h. E Storm Damage Prevention i. 9 Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a G The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice oflntent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
6.171 The proposed work cannot be conditioned in meet the performance standards set forth inthe wetland regulations.Therefore,
work on this projw may not go forward unless and untd a newNofim oflntentts submitted which provides measures which are
adequate toprotectimterests ofthe Act,and a final Order of Conditions is issued.A description ofthe performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect ofthe work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides milficlent information and includes measures which are adequate to protect the interests ofthe
Act,and a final Order ofConditions is issued.A description ofthe specific information which is Inching and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone lmpacts:Shonest distance between limit of project disturbance and the wetland resource 30
area specified in 310CMR10.02(Ixa). a linear feet
Inland Resource Area Impacts:(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. nBank
ohm feet b.lmwfeet cli wfeet d.linear feet
5.C Bordering Vegetated Welland
a square feet b.square feet a-N-.-fm d.square feet
6. r Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
e.Gy dredged f cly dredged
Page 2 of 10*ELECTRONIC COPY
C1Massachusetts Department of Environmental Protection Frovided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1491
WPA Form 5-Order of Conditions eDEP Transaction#:365945
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/1'own:NORTH ANDOVER
7.❑Bordering Land Subject:to Flooding
a.square feet b.square fed c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feel f.cubic fed gcubic feet h.cubic feet
8.fl Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic fed
9.❑RiverfrontArea
a.total sq.fed b.total sq.feet
Sq ft within 100 ft
a square feet d.square feet e.square feet f squarefeet
Sq It between 100-200 It
g.squarefeet h.squarefed i.squarefm j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
Hk E Designated Pon Areas Indicate sive under land Under the Ocean,below
11.❑Land Under the Ocean
a square feet b.square feet
c.c/y dredged d.cfy dredged
12.C Baurier Beaches Indicate aim under Coastal Beaches and/or Coastal Dunce below
13.Ll Coastal Beaches
s square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes
a.square feet b.square feel c.c/y nourishment d.4 nourishment
15.❑Coastal Banks
almmfed b.linearfed
16.MRocky Intertidal Shores
a.square feet b.square feet
17.1'7 Salt Marshes
a.square feet b.square feet o.square feet d.square feet
18.in Land Under Salt Ponds
a square feet b.square feet
Q ely dredged d.c/y dredged
19.r Land Containing Shellfish
Page 3 of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4212-1491 '
r WPA Form 5-Order of Conditions eDEP Transaction 4:365945
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
a.square feet b.square feet c.square feet d.square feet
indicate size under Coastal Banks,inland Bank,lend Under the
20.❑14shRuns Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c,cN dredged d.cly dredged
21.OLand Subject to Coastal Storm Flowage
asquare feet b.square feet
22. .
❑ Restondion/Enhancement(For Approvals Only)
lithe project is for the purpose of restoring or enhancing awedand resource area in addition to the square footage that has been
entered in Section B.5.c&d or 111 To&d above,please entered the additional amount here.
a square feet ofBVW b.square feetof Salt Marsh
23.
G Streams Crossing(s)
Ifthe project involves Stream Crossings,please enter the number of new stream crossings/number ofteplacanent stream crossings.
anumberofnewerearimeings b.number ofreplacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related stables and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does out grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion ofprivaterights.
3. This Order does not relieve the perminee or my other person of the necessity ofcomplying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the data of this Order unless ehherofthe following
apply.
a the work is a maintenance dredging project as provided for in the Act;or
b.the done for completion has been extended to a specified date more than three years,but less than five
years,from the data of issuance.If this Order is intended to be valid for more then three years,the
extension date and the special circumstances warranting the extended time period are set forth as a-
specialconditioninthislhder.
5. This Order may be emended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. Ifthis Order constitutes an Amended Order ofConditions,this Amended Order of Conditions does not exceed the issuance
date ofthe original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean Ell.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any ofthe foregoing.
8. This Order is not imal until all administrative appeal periods from this Order have elapsed,orifsuch an appeal has been taken,
until all proceedings before the Department have been completed.
Page 4 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MraaDEP:
Bureau ofItesouree Protection-Wetlands MMDEP File#:242-1491
+ WPA Form 5-Order of Conditions eDEP Transaction#:365945
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Chyftwn:NORTHANDOVER
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain offlde ofthe affected property.In the case ofn:carded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name ofthe owner ofthe land upon which the
proposed work is to be done.In the case ofthe registered land,the Final Order shall also be noted on the Land Court
Certificate of Tide ofthe owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end ofthis Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work.
10. A sign shall be displayed at the site not less than two square feet or more thanthrce square feet in size bearing the words,
"Massachusetts Department of Environmemal Protection"
[in MassDEP"]
File Number:"242-1491"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be aparty to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
SA)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire ofthe Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of hdent
15. The Agent or members of the Conservation Commission and the Department ofEnviromnental Protection shah have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation
16. This Order of Conditions shall apply 0m successor in interest or successor in control ofthe property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work and if the project involves work adjacent to a Bordering Vegetated Weiland,the boundary of the
wefland in the vicinity ofthe proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markem shall be maintained until a Certificate ofCompliance has been issued by the Conservation Commission.
18. Ali sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetarian or
other means At no time shall sediments be deposited in awelland or water body.During construction,the application orhis4rer
desigaw shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation bariers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) E isnot(2)❑ subject to the Massachusetts Starmwater Standards.
If the work is subject to Stomrwaur Standards,then the project is subject to the fallowing conditions;
a) All work,including site preparation,land disturbance,construction andredevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,ifapplicable,the
SfortnvreterPollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Pernit as required by Stormwaur Standard It.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place omit the site is fully stabilized.
b) No stomonderrunoffmay be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:L all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stonnwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stannwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal ofall construction period sedimenttmpped in W&and outlet control structures;ii..ax-built final contraction
Page 5 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#212-1491
WPA Form 5-Order of Conditions eDEP Transaction#:365945
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTN ANDOVER
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwatermanagement system have been resumed,as per the requirements ofStormwaW
Standard 10;iv.all post-concoction stormwaterBMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working wndidon;v.any vegetation associated with post-conswctionBMPs is suitably established to withstand
erosion
c) The landowner is responsible for BMP maintenance=fit the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible parry(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the StormwaterBMPs identifying the party responsible for
implemratingthe stomrwaterBMP Operation and Maintenance Plan("O&M Plan")and certifying the following:L)the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance,and it)the future responsible parties
shall be notified in writing oftheir ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Smrmwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-temrpollution
prevention plan section ofthe approved Stormwater Report and,ifapplicable,the Stomwater Pollution Prevention Plan
required by the Nations]Pollutant Discharge Elimination System Multi-Sector General Permit
e) Unless and unti another party accepts responsibility,the landowner,or owner ofery drainage casement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner ofthe property most submit to the
issuing authority a legally binding agreement ofrewrd,acceptable to the issuing authority,evidencing that mother entity bas
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as aperniuce for
purposes ofimplementing the requirements of Conditions 19(f)through 19(k)with respectto that BMP.Any failure ofthe
proposed responsible party to implement the requirements of Conditions 19(l)through 19(k)with respect to that BMP shall
be a violation ofthe Order of Conditions or Certificate ofCompliarom In the case ofso mrwaterBMPsthat are saving mare
than one lot,the legally binding agreement shall also identify the lots that will he serviced by the stormwaterBMPs.A plan and
easement deed that goofs the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
Q The responsible party shall operate and maintain all stomrwaterBMPs in accordance with the design plans,the O&M Plan,
and the requirements ofthe Massachusetts Stormwater Handbook
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years ofinspectians,repairs,
maintenance and/ormplacement ofthe stonnwatermanagement system or any part thereof,and disposal(for disposal the
log shall indicate the type ofmaterial and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents ofthe MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other comaminants removed from stormwaterBMPs shall be disposed ofin accordance with all applicable
federal,state,and local laws and regulations
0 Illicit discharges m the stormwater management system as defined in 310 CMR 10.04 am prohibited.
j) The stormwatermanagement system approved in the Order ofConditims"I not be changed without the prior written
approval ofthe issuing authority.
k) Areas designated as qualifying pervious areas for the purpose ofthe Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval ofthe issuing authority.
9 Access for makaerumce,repair,and/or replacement ofBMPs shall not be withheld.Any fencing constructed sound
stormwaterBMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Page 6 of 10'ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by M=DEP:
Bureau of Resource Protection-Wetlands MassDEP File#:742-1491
WPA Form 5-Order of Conditions eDEP Tren"on#:365945
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/rown:NORTH ANDOVER
Special Conditions:
SEE ATTACHED CONDITIONS.
Page 7 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File N:242-1491
r WPA Form 5-Order of Conditions eDEP Transection#:365945
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Tows NORTH ANDOVER
A Mndings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?C Yes ❑No
2. The COB_ rvati n Com 1ssio her by(che k one that aon, lte_)
a. ❑ DENIES the proposed work which cannot be conditioned to
menthe standards act forth in a municipal ordinance orbylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work m this project may not go forward unless and until a revised Notice oflment is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F45 APPROVES the proposed work,subject toffiefollowing
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS
y - PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission ordersthat all work shall be performed in accotdancewith the following conditions and with the Notice of
Intent referenced above.To the extentthstthe fallowing conditions modify ordifferfrom the plan;speciticmicna orotha
proposals submitted with are Notice oflntent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED CONDITIONS.
Page 8 of 10'ELECTRONIC COPY
LJMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1491
WPA Form 5-Order of Conditions eDEP Tmnsacfion#:365945
Massachusetts WeOands Protection Act M.G.L.c. 131,§40 CgfF.NORTH ANDOVER
E. §ignatures
This Order is valid forders:years from the date of issuance,unless otherwise specified
putsuantto General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Ordermpims no the same date as the original Order of Conditions.
Please indicate the number of members who wi0 sign this form This Order must be signed by 4
a majority of the Conservation Commission. 2.Number of Signers
The Order muatbe mailed by certified mail(ream receipt requested)or hand delivered to the applicant.A copy also most be mailed
or hard delivered at the same time to the appropriate Department of Environmental Protection Regional Office,ifort filing
electronically,and the property owner,ifdifferent from applicant
Signatures:
-djUj
r- by Land delivery on ky certified mail,mtum receipt requested,on
Date Date
F. Appeals
The applicant,the owner,my person aggrieved by this Order,any owner of land shorting the laid subject to this Order,many ten
residents ofthecity a town in which such land is located,are hereby notified ofthmright to requastthe appropriate MassDEP
Regional Office m issue a Superseding Order of Conditions.The request most be made by certified mail orhand delivery to the
Department,with One appropriate filing fee and a completed Request for Departmental Action Fee Tratmdtml Forth,as provided in
310 CMR 10.03(7)within ten business days from the date ofissitance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,ifba/she is not the appellant.
Any appellants seeking to appeal the DepartmmPs Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project Previous participation in the permit proceeding means the submission ofwri0en information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department primo issuance ofa Superseding Order.
The request shall state clearly and concisely the objections to lire Order which is being appealed and how the Order does not
contribute mthe protection of the interests identified in the Massachusetts Wetlands Protection Ad(M.G.L.c.131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or by]aw,
and not on the Massachusetts Wetlands Protection Ad or n:gulations,the Department has no appellate jurisdiLion.
Page 9 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by M=DEP:
Bureau of Resource Protection-Wetlands MassDEP File#;242-1491
WPA Form 5-Order of Conditions eDEP'Dmwaction 4x65945
MwsachusettsWetlands Protection Act M.G.L.c. 131,§40 City/I'own:NORTHANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Lend Court for the district in which the land is located,
within the chain oftitle of the affected property.In the case of recorded laud,the Final Order shall also be noted in the Registry's
Greater Index under the more ofthe owner ofthe land subject to the Order.In the case ofregistesed land,this Order shalI also be
noted on the Land Court Certificate of Tide of the owner of the land subject m the Order of Conditions The recording information on
this page shall be submitted to the Conservation Commission fisted below.
NORTHANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry ofDeeds and submit the Conservation Commission.
.........................................................................................................................................................................................................
To:
NORTHANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1003 OSGOOD STREET 242-1491
Project Location MassDEPFilcNumber
Has been recorded at the Registry of Deeds of:
County Book Page
for.
Property Owner JOHN GRASSO -
and has been noted in the chain oftitle of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
Ijrectuded land,the instrument number idctrfifying this transaction is:
Inshumemttlumber
Ifregistered land,the documentmmmber identifying[Itis transaction is:
Documemblumber
Signature ofApphcont a...uinoro
Page 10 of 10*ELECTRONIC COPY
DEP FILE#242-1491
The North Andover Conservation Commission(hereafter the"NACC")hereby finds that the
following conditions are necessary,in accordance with the Performance Standards set forth
in the State Regulations to protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and with the Notice of Intent
referenced below. To the extent that the following conditions modify or differ from the
plans specifications or other proposals submitted with the Notice of Intent the conditions
shall control.
GENERAL CONDITIONS
20.The proposed work includes: The demolition of an existing house and the construction of
a 13,200 square foot(5,500 s.f.footprint)mixed use building attached to an existing barn
(2,032 s.f.footprint)which will be renovated.The project includes associated site work,
grading and appurtenances including subsurface infiltration and stormwater systems,a
bio-retention area,parking,and access drives. Portions of the work are within the 100-
foot Buffer Zone to Bordering Vegetated Wetland(BV W). Sub-surface infiltration
chambers and the bio-retention area are outside the 100' Buffer Zone. The project is also
located in the Zone A to the towns surface water supply(Lake Cochichewick).
21.The work shall conform to the following:
Applicant: John Grasso
Osgood Properties, LLC
865 Turnpike Street -
North Andover, MA 01845
Representative: Mark West
West Environmental,Inc.
48 Stevens Hill Road
Nottingham,NH 03290
Notice of Intent Filed by: West Environmental,Inc.
Date filed:July 16,2010
Site Plans prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Stampeded by:
David R.Jordan,RE&FrankC. Monteiro,P.E.
Record Plans: "Proposed Site Development Plans for Map 35 Lot 50 '
1003 Osgood Street,North Andover,Massachusetts 01845"
Sheets 1 -10
9d9_ldGI fIIM IL......A/1lH A.... 1 �..�.............
DEP FILE 9 242 - 1491
Dated:June 17,2010 and last revised: 2/18/11
Sheet 1 of 10 Title Sheet
Sheet 2 of 10 Existing Conditions Plan
Sheet 3 of 10 Site Development Plan
Sheet 4 of 10 Grading,Drainage&Utilities Plan
Sheet 5 of 10 Erosion&Sediment Control Plan
Sheet 6 of 10 Landscape Plan
Sheet 7 of 10 Site Details
Sheet 8 of 10 Site Details
Sheet 9 of 10 Site Details
Sheet 10 of 10 Site Details
Additional Plans: "Fire Truck Access Plan',last revised 2/18/11;
"Lighting Plan",last revised 1/17/11;
"Elevations Sheet",dated 1-6-2011;
"Exhibit A",dated 2/28/11.
Record Documents: Stormwater Management Report
Map 35 Lot 50
1003 Osgood Street, North Andover,MA 01845
Prepared by: MHF Design Consultants,Inc.
Date:June 17,2010and last revised:July 17,2011 &
February 3,2011 (supplement)
Operation At Maintenance Plan and Long Term Pollution
Prevention Plan for Stormwater Management Systems
Map 35 Lot 50,1003 Osgood Street,North Andover,MA
Prepared by:MHF Design Consultants,Inc.
Date:June 17,2010 and last revised: February 18,2011
Alternative's Analysis
1003 Osgood Street,Osgood Properties,LLC
Prepared by:MHF Design Consultants,Inc.
Date:February 9,2011
Stormwater Review: Review Management Review letter prepared by Lisa
Eggleston,P.E. dated August 5,2010;
Response letter prepared by MHF Design Consultants,Inc.
dated September 27,2010;
Review letter prepared by Lisa Eggleston,P.E. dated
October 5,2010;
DEP FELE#242- 1491
Review letter prepared by Lisa Eggleston, P.E. dated
January 6,2011;
Response letter prepared by MHF Design Consultants,Inc.
dated January 20,2011;
Review letter prepared by Lisa Eggleston,P.E. dated
February 1,2011;
Response email sent by Christopher M.Tymula to Lisa
Eggleston on February 1,2011;
Final Review letter prepared by Lisa Eggleston,P.E. date
February 9,2011.
22.The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to,and be binding upon,the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
24. Failure to comply with all conditions stated herein,and with all related statutes and other
regulatory measures,shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,
the Act(310 CMR 10.00) and associated regulations,and may require any information,
measurements,photographs,observations,and/or materials,or may require the
submittal of any data or information deemed necessary by the NACC for that evaluation.
Further,work shall be halted on the site if the NACC,agent or DEP determines that any
of the work is not in compliance with this Order of Conditions. Work shall not resume
until the NACC is satisfied that the work will comply and has so notified the applicant in
writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes,ordinances,by-laws or
regulations.
DEP FILE#242- 1491
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28.This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thiM
days(30)prior to the expiration date of the Order (Refer to Section 8.3 (p.37)of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
30. Where the Department of Environmental Protection(DEP)is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain portions
of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e).
32.The following wetland resource areas are affected by the proposed work:Buffer Zone to
BV W. This resource area is significant to the interests of the Act as noted above and
therein. The applicant has not attempted to overcome the presumption of significance of
this resource area to the identified interests. -
33. The NACC agrees with the applicant's delineation of the wetland resource area:WF3-
WF9(west side of parcel),WFll-WF29 (parallel to bank of Lake Cochichewick)connected
to Wp08-3-WF08-9(east side of parcel). The BV W was delineated by West
Environmental,Inc. in October 2010.
34.The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. hi order to prevent
any alteration of wetland resource areas a twenty five foot(25')No-Disturbance Zone and
a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent
wetland resource area as depicted on the record planreferenced herein except as follows:
Waiver of the 50-foot No-Build Zone for a portion of the access drive and parking on the
west side of the parcel and annual mowing(after July 15) of open field areas within
jurisdiction of the commission including portions of the BV W and associated 25' No-
Disturb Zone. The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local bylaw.
35. This document shall be included in all construction contracts, subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
DEP FII E#242-1491
conditions. Thereafter,the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
36.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage system
and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order,the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding,storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or,if such an appeal has been filed,until all proceedings before the Department
or Court have been completed.
38.This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property. In the case of recorded
land,the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land,the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
39.This Order is issued in addition to the Order of Conditions issued under DEP Ffle#242-
1232. A Certificate of Compliance was approved for this file by the NACC on February 23,
2011.
40.A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1491."
41.Prior to the commencement of any work,the applicant shall submit to the Conservation
Department a copy of the approved NPDES Storm Water Pollution Prevention Plan
(SWPPP).
42. Any changes in the submitted plans caused by the applicant,another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
DEP FILE#242-1491
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing(at the expense of the applicant).Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes.No work shall begin on a project until written approval has been
granted by the NACC.
43. It is the responsibility of the applicant,owner,and/or successor(s)to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44.Prior to any work commencing on site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including a dated'timetable of soil
disturbance,the construction of compensation and retention areas,installation of
sedimentation/erosion control devices,phasing associated with the development,the
construction of the associated stormwater management structures,and landscaping
activities. This timetable must continue to be updated monthly throughout the project.
45.Wetland flagging shall be checked prior to the start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated per
the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with erosion controls or temporary fencing and shall be confirmed by the NACC.
Such barriers shall be checked and replaced as necessary and shall be maintained until all
construction is complete. Workers should be informed that no use of machinery,storage
of machinery or materials,stockpiling of soil, or construction activity is to occur beyond
this line at any time.
46.A row of staked hay bales backed by trenched siltation fence (and all other necessary
erosion control measures)shall be placed between all construction areas and wetlands.
The erosion control barrier will be properly installed and placed as shown on the Erosion
&Sediment Control Plan approved and referenced herein and shall be inspected and
approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The NACC
reserves the right to impose additional conditions on portions of this project to mitigate
any impacts which could result from site erosion,or any noticeable degradation of surface
water quality discharging from the site. For example,installation of erosion control
measures may be required in areas not shown on the plan(s)referenced in this Order of
Conditions. Should such installation be required by the NACC,they shall be installed
within 48 hours of the Commission's request.
DEP FILE#242- 1491
47.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 25 hay bales and sufficient stakes for staking these bales,75
feet of silt fence,and an adequate supply of emergency erosion controls including crushed
stone,silt sacks,jute matting and any other erosion controls the applicant proposes to use
as part of the Erosion and Sedimentation Control Plan. Said supplies shall be used only
for the control of emergency erosion problems and shall not be used for the normal
control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of$8,000
($5,000 Parking lot and Stormwater and$3,000 building)which shall be in all respects
satisfactory to Town Counsel,Town Treasurer,and the NACC,and shall be posted with
the North Andover Town Treasurer through the NACC before commencement of work.
Said deposit of money shall be conditioned on the completion of all conditions hereof,
shall be signed by a party or parties satisfactory to the NACC,and Town Counsel,and
shall be released after completion of the project,provided that provisions,satisfactory to
the NACC,have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion of
specific portions of the project for the NACC's review and approval. This condition is
issued under the authority of the local ByLaw.
49.The applicant shall designate a Wetland Scientist or other environmental professional as
approved by the NACC or its agent,as an"Erosion Control Monitor (ECM)" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices(Credentials of said Erosion Control Monitor shall be
submitted in writing for review and subsequent approval by the NACC). The name and
phone number of the erosion control monitor must be provided to the NACC in the event
that this person has to be contacted,due to an emergency at the site, during any 24-hour
period,including weekends. The Environmental Professional will immediately notify the
Conservation agent of any matter that requires attention by the Commission or the agent.
The erosion control monitor will be required to inspect all such devices and oversee
cleaning and the proper disposal of waste products. Cleaning shall include removal of
any entrapped silt. During the placement of engineered fill,the ECM should inspect and
submit reports confirming that the engineered slope is built in accordance with the plans
approved and referenced herein. Reports shall confirm slope construction details such as
placement of filter fabric between fill and stone as well as placement of required erosion
controls.
50. At least once during each week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized,the applicant shall submit a written
report and photographs from the"Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection,all work is
being performed in compliance with this Order of Conditions and that approved setbacks
are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their maintenance
on a weekly basis and that they are functioning as intended. In addition,all wetland
DEP FILE#242-1491
resource areas must be visually inspected for siltation,turbidity,and/or other water
quality impacts. The Erosion Control Monitor shall be on site during and/or following a
major storm event of%" inch of rain or greater(24 hour event) to ensure that soils remain
stable,and erosion controls are adequate and secure.
51.Prior to construction or when permanent locations are established,the applicant shall
permanently mark the edge of the"25' No-Disturbance Zone (or entire length of guardrail
on the property)"with signs or markers spaced evenly every 25 feet incorporating the
following text: "Protected Wetland Resource Area' and signs stating associated rules(1
square sign for every 3 round). This will designate their sensitivity and assure no further
inadvertent encroachment into the wetland. Prior to the start of construction,the
applicant shall submit a detail of the guardrail and signage to be approved by the
Conservation Department. The applicant shall instruct all agents to explain these markers
to buyers/lessees/landscapers and all persons taking over the property from the
applicant. These markers shall remain posted and be replaced as necessary in perpetuity.
52.The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party,such as a Management Company,
Homeowner's Association or individual,subject to said Orders of Conditions,the
"Compliance Certification Foci" Affidavit(attached herein) signed under the pains and
penalties of perjury,stating that said applicant has read these Orders of Conditions and is
in compliance with each and every condition. If portions of said land are transferred to
different parties,such as individual unit owners,each party is subject to this Condition.
This document shall apply to each of the conditions referenced herein and shall be
provided to the Conservation Department at least five(5)business days prior to the
closing of said land transaction.
53.Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,contractor,engineer,
wetland scientist/environmental monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all construction
contracts,subcontracts,and specifications dealing with the work proposed and shall
supersede any conflicting contract requirements. The applicant shall assure that all
contractors,subcontractors and other personnel performing the permitted work are fully
aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly
liable for any violation of this Order of Conditions resulting from failure to comply with
its conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting(e.g. 72 hours).
DEP FILE#242 - 1491
STORMWATER MANAGEMENT CONDITIONS
54. All construction and post-construction stormwater management systems shall be
constructed in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent, this Order of Conditions, and
the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan
for Stormwater Management Systems attached herein.
55. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan for
Stormwater Management Systems submitted with the Notice of Intent and incorporated
in the Order of Conditions. The approved Operation and Maintenance Plan and Long
Term Pollution Prevention Plan for Stormwater Management Systems is-fully binding
upon the applicant and/or owners, successors, agents, associations, heirs and assigns and
must be adhered to in perpetuity.
56. Evidence of maintenance of the stormwater management system shall be provided to the
NACC on an annual basis by a Registered Professional Civil Engineer certifying that the
drainage system is working as designed and shall include any maintenance invoices for
cleaning and repairs. The first report shall be submitted to the NACC as soon as the first
stormwater structure goes on-line and reports must continue to be submitted until a
Certificate of Compliance is issued. Compliance with the designed stormwater
management system and associated stormwater management conditions shall be satisfied
prior to the issuance of a Certificate of Compliance.
57.Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six (6)
inches.Soils removed from the temporary/permanent stormwater management system
shall be stored and disposed of in accordance with the approved plans.The basins shall
be cleaned of sediment prior to final grading and construction of permanent stormwater
basins and structures.
58.There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions.
59.Water quality down gradient of BV W shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
60.Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible
for cleaning all stormwater structures,in accordance with the approved Operation and
Maintenance Plan and Long Tenn Pollution Prevention Plan for Stormwater Management
DEP FILE 0 242-1491
Systems attached herein and the associated stormwater management conditions
mandated herein.
61.The applicants,owners,and their successors and assignees, shall maintain all culverts,
collections basins,traps,outlet structures,subsurface storage areas,and other elements of
the drainage system,unless put into an easement to the Town of North Andover,in order
to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
62.Upon beginning work,the applicant shall submit written weekly progress detailing what
work has been done in or near resource areas,#md what work is anticipated to be done
over the next period. This will update the construction sequence.
63.Construction sequencing shall be followed throughout all phases of construction as
detailed in the Erosion&Sediment Control Plan(Sheet 5 of 10) and in the construction
sequence submitted per condition#44,thereby minimizing any unnecessary impacts to
the wetland resource areas.
64. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
65.The contractor will take all steps necessary to control dust onsite so that adverse effects on
adjacent resource areas and/ or habitat do not occur.
66. hn mediately upon completion of the building foundation, and prior to further
construction activities associated with the site,the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth(R.P.L.S.)
which accurately depicts the building foundation and its proximity to wetland resource
areas as approved under this Order of Conditions. Said plans shall be submitted to the
Conservation Administrator for approval.
67. A crushed stone construction entrance shall be installed at the designated access location
as shown on the approved plans referenced herein to minimize soil/material tracking
onto the roadways and pavedaurfaces.This entrance shall be reinforced and cleaned as
necessary throughout the duration of construction.
68.Erosion control devices shall be inspected regularly;any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas;silt fence and hay bales
shall be replaced as necessary.The areas of construction shall remain in stable condition
at the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
_ w.nrvvmnn
DEP FILE#242-1491
69.All existing and proposed catch basins and oil traps on the site or on the streets adjacent
to the project shall be protected by Silt Sacks or other approved method to prevent
sediment from entering the drainage system Silt Sacks or other catch basin protection
shall be maintained and regularly cleaned of sediments until all areas associated with the
work permitted by this Order have been permanently stabilized and the NACC and/or
Conservation Department has formally approved their removal.
70.All catch basins shall contain oil/gasoline traps,and it shall be a continuing condition of
this order,even after a Certificate of Compliance is issued,that the oil/gasoline traps in
the catch basins be maintained. All catch basins shall be free of all accumulated silt and
debris before Compliance is issued and the owner or his/her agent shall so specify in the
request for Compliance.
71.Approved de-watering activities shall be supervised and witnessed by the designated
erosion control monitor. This designee must be on-site at all times while dewatering is
occurring. De-watering activities shall be conducted as shown on the approved plans and
shall be monitored daily by the erosion control monitor to ensure that sediment laden
water is appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act. If emergency de-watering requirements arise,the applicant shall submit a
contingency plan to the NACC or its administrator for approval,which provides for the
pumped water to be contained in a settling basin,to reduce turbidity prior to discharge
into a resource area.
72. Pavement and roadways shall be swept weekly or as directed by the Erosion Control
monitor, the Site Supervisor,Project Manager, or Conservation staff for as long as the site
remains exposed and un-stabilized.
73. Any fill used in connection with this project shall be clean fill,containing no trash,refuse,
rubbish or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,
cardboard,pipe,tires,ashes,refrigerators,motor vehicles or parts on any of the
foregoing.
74.All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,or
loamed,seeded and mulched,with a layer of mulch hay.All disturbed areas must be
graded,loamed and seeded prior to November 1st of each year. Outside of the growing
season,exposed soil finish grade surfaces shall be stabilized with jute matting or by other
means approved by the NACC until climate conditions allow for seeding. During
construction,any area of exposed soils that will be left idle for more than 30 days shall be
stabilized with a layer of mulch hay or other means approved by the NACC. _
75. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be rip-rapped to provide permanent stabilization.
DEP FILE#242- 1491
76.Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
77.There shall be no stockpiling of soil or other materials within one hundred(100)feet of
any resource area. Soils or other materials shall be stockpiled in locations approved by
this department or within the designated areas as shown on the approved plans
referenced herein. Further,due to the existing grade on the site,any approved temporary
stockpile areas shall be adequately surrounded by erosion controls to prevent migration
of soils off-site.
78.Washings from concrete trucks,or surplus concrete,shall not be directed to,any drainage
system,or wetland resource area.If concrete truck washing is required an area for this
activity shall be designated and approved by the Conservation Department.
79.All waste generated by,or associated with,the construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means)at the site for
the storage and removal of such spent construction materials off-site. However,no trash
dumpsters will be allowed within 50' of areas subject to protection under the Act or local
Bylaw.
80.During and after work on this project,there shall be no discharge or spillage of fuel,or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one(1)business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas,and no vehicle refueling,equipment lubrication,or maintenance
is to be done within 100 feet of a resource area. _
AFTER CONSTRUCTION
81. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100)
feet of any wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the authority
of the Towns Wetland protection Bylaw.
82.Prior to the issuance of a Certificate of Compliance,the applicant must submit proof of
contract to the Conservation Department in the forth of a written and signed document
from the assignee(s)responsible for conducting the perpetual site maintenance in
accordance with the Operation and Maintenance Plan and Long Term Pollution
Prevention Plan for Stomiwater Management Systems and perpetual conditions
mandated in this Order. In addition to this contract,the applicant shall submit an
Affidavit from the assignee (s)acknowledging the Stormwater Operation&Maintenance
responsibilities of the stormwater management systems in accordance with the approved
DEP FILE#242- 1491
Operation and Maintenance Plan and Long Term Pollution Prevention Plan for
Stormwater Management Systems and other perpetual conditions mandated in this
Order.
83.No road salt,sodium chloride,or other de-icing chemicals shall be used on paved surfaces
in the buffer zone,and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. In addition,permanent signs designating"No-Salt
Zone" and"Snow Stockpiling Zones" shall be displayed in prominent locations along the
No-Disturbance Zone as approved by the Conservation Department and shown on the
herein referenced plans.
84.The following two sentences shall be included in the O&M Plan and adhered to by the
property owner: "Fertilizers utilized for landscaping and lawn care shall be slow release,
low-nitrogen types (<5%),and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource area."
This condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Towns Wetland Protection
Bylaw and shall remain in perpetuity.
85.There shall be no dumping of leaves,grass clippings,brush,or other debris into a wetland
resource area or within 25 feet of a wetland resource area. This condition shall remain in
Perpetuity
86. Mowing of the field on the property including the Buffer Zone and previously mowed
wetland areas shall occur in accordance with the Operations and Maintenance Plan
referenced herein. Mowing shall be done annually.
87.Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
learning and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
88.Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
89. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The mune and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
DEP FILE#242-1491
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
IL A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor)of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage&stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include(but
are not limited to)septic systems,additions,fences, sheds,stone walls,
pools,retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes My disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
92.The following special conditions shall survive the issuance of a Certificate of
Compliance(COC)for this project:'
D A 25-foot No-Disturbance Zone and 50-foot No-Build Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP#242-1491. Future work within 101Y of existing wetland
resource areas will require a separate filing with the NACC.The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive the setbacks as established under this Order;
➢ Resource Area Markers(Condition#51);
➢ Maintenance of all culverts, collections basins, traps, outlet structures,
subsurface storage areas, and other elements of the drainage system, unless
put into an easement to the Town of North Andover, in order to avoid
_ . unrr alI Onl l
DEP FILE#242-1491
blockages and siltation, which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas(Condition#61);
➢ All catch basins shall contain oil/gasoline traps and shall be maintained
(Condition#70);
➢ Discharge or spillage of pollutants (Condition#80);
➢ Prohibition of underground fuels(Condition#81);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides(Conditions#83 T);
D Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#85);
➢ The approved "Long-Term Stormwater Operations and Maintenance Plan'
shall be adhered to. No additional filings will be required to conduct
maintenance of the above referenced system and plan(Condition#55).
DEP FILE#242-1491
APPENDIX A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name) .
the applicant upon whom Order of Conditions
have been placed upon by f )FP orNACC number)
the North Andover Conservation Commission.
&/or
2. I son the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. 1 hereby affirm and acknowledge that on this day of 19_
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this_day of 19.
(Signature-authorized agent of applicant or owner)
REM
44 Stiles Road•Suite One•Salem, New Hampshire 03079
MHF Design Consultants, Inc. TEL (003) 893-0720 •FAX mhfd sign.c 33
www.mhfdesign.com
June 25,2010
Ms.Judith Tymon, Town Planner
Planning Department
1600 Osgood Street
North Andover,MA 01845 0
HAND DELIVERED — –'
D•`n c.
Re: 1003 Osgood StreeID�� N ',0
Map 35, Lot 50
Osgood Properties 10
''M
Site Plan Special Pettit&
Watershed Special PEmilt r �,
Supplemental Information
Dear Ms. Tymon:
On behalf of our client, Osgood Properties LLC,we are hereby submitting the following
supplemental information to the Planning Board for Site Plan Review:
0 2 sets of the full sized Site Plans(Copy of Plans sent via email)
0 2 sets of 1 I"xl7" Site Plans
0 2 copies of the Stormwater Management Report(Copy of Narrative sent via email)
0 2 copies of the Traffic Impact&Access Study(Copy sent via email)
0 2 copies of the Watershed Certification Letter(Copy sent via email)
We look forward to meeting with the Planning Board at the upcoming hearing on July 6,
2010. Please contact our office if you have any questions.
Very Truly Yours,
a'gn ConsultaInc.
ronts,
Project Mana
230207-Site Plan Applic Supplement.doc
CR 230207
cc: John Grasso–Osgood Properties LLC
Lisa Eggleston–Eggleston Environmental
Timothy McIntosh–VHB
John T. Smolak–Smolak&Vaughan LLP
Dermot J. Kelly–DJK Associates,Inc. (Copy of Plans sent via email)
Town Clerk–Transmittal Letter only
ENGMERS PLANNERS SURVEYORS
44 Stiles Road•Suite One•Salem, New Hampshire 03079
MHF Design Consultants, Inc. TEL (603) 893-0720 • FAX (603) 893-0733
www.mhfdesign.com
June 17, 2010
North Andover Planning Board
Town of North Andover
1600 Osgood Street vyG ra
�r Un
North Andover,MA 01845 i xi '=<
cc, y sm
HAND DELIVERED
Re: 1003 Osgood Street
Map 34 Lot 50
Proposed Mixed-use Development
Osgood Properties,LLC
Sub: Watershed Certification Letter
Dear Board Members:
On behalf of Osgood Properties, LLC,this letter serves as a certification by MHF Design
Consultants, Inc. that there will not be any significant degradation of the quality or quantity of
water in or entering Lake Cochichewick as a result of the above referenced project. The site has
been designed to minimize the impact of the project to the buffer zones associated with the
Watershed Protection District. Storm water management for the site incorporates recharge
through infiltration trenches as well as providing 80%TSS Removal per the D.E.P. Stormwater
Management Policy,and the use of lawn fertilizers will be limited to organic methods with
reduced nitrogen content.
Please feel free to contact our office at your convenience.
Sincerely yours,
MHF D ' Consultants, Inc.
F nteiro, P.E.
P si or
CR 230207
Y:U30207\Watershed-Special-Prmt-Cert.LTR.doc
M: John Grasso, Osgood Properties,LLC
John T. Smolak, Smolak&Vaughan LLP
ENGINEERS PLANNERS SURVEYORS
d w _
o , J
-
;R a
1'i a.mw+ Town of North Andover 2010 DEC 17 Ri 3: 13
Office of the Planning Depetnnent
Community Development and Services Division
P(978)688.9535 1600 Osgood Street PdQR7hlliid�0`J�it
F(978)688-9542 Building 20.Suite 236 MASSA"l;'f-'S:..i'I
North Andover, Massachtteetts 01845
TO: Judv Tvmon FAX: via email
FROM: Jean Enright, Planning Assistant
FAX: 978-688-9542 PHONE: 978-688-9535
Please sign your name and fill in address of premises affected, fill in current date,
return same to fax 978-688-9542. Thank you.
Special Permit
REQUEST FOR A CONTINUANCE"
NAME: Chris Tvmula from MHF Design Consultants Inc on behalf
of Oseood Properties. LLC
ADDRESS OF PREMISES AFFECTED: 1003 Oseood Street
PHONE NUAMER:
AREA CODE: (603)-893-0720 -
"I WISH TO REQUEST A CONTINUANCE UNTIL 1/4/11
THEREFORE WAIVE THE TIME CONSTRAINTS FOR ISSUING OF
ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS
OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER,
SIGN —�OT�– RESENTAT
DATE J 12/17/10 (SIGNAT[,Rr)
(FILL IN CURRENT DATE)
BOARD OF AFPEAl5688Ai4t SUI-DING688-9545 COMB VATION6885530 H LTH68& 0 ?L NNM06889535
RECEIVED_
TUM SI_ERK'S OFFICE
2010 NOV 23 PM r• zs
TO: 1vDY �Y�� FAX # V lho &V464q-
FROM: Mary, Planning Assistant MASSACI!! S,-
. FAX #978-688-9542 - PHONE #978-688-9535
Please sign your name and fill in address ofpremises affected, fill
in current date, return same to fax#978-688-9542. Thank you.
"REQUEST FOR A CONTINUANCE"
NAME: Cf1ws Th �
ADDRESS OF PREMISES AFFECTED:
(OD_>�coD
PHONE NUMBER:
AREACODE:_ mos 893-0720
"I WISH TO REQUEST A CONTINUANCE UNTIL THE NEXT
SCHEDULED PLANNING BOARD MEETING, THEREFORE
WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY
AND/ALL DECISIONS RELATIVE TO ANY/AND ALL t
PERMITS OF THE PLANNING BOARD FOR THE TOWN OF
NORTH ANDOVER, MA.
SIGNED BY PETITIONER OR REPRESENTATIVE:
i
DATE: it 23 70
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V(A 2010 OCT 29 PH 2: 54
TO: FAX# 0'rtAIL
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FROM: MaMary, Assistant MAA10 `,
FAX
#978-688-9542 - PHONE #978-688-9535
Please sign your name and fill in address of premises affected, fill
in current date, retum same to fax#978-688-9542. Thank you.
"REQUEST FOR A CONTINUANCE-
NAME: C*7-ks—Tlrv-,u L.,k
ONTINUANCE-NAME_G{kWS—Tltv-,c�a
ADDRESS OF PREMISES AFFECTED:
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PHONE NUMBER:
AREA CODE:_{ } g9g_ oZ Zo
"I WISH TO REQUEST A CONTINUANCE UNTIL THE NEXT
SCHEDULED PLANNING BOARD MEETING, THEREFORE
WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY
AND/ALL DECISIONS RELATIVE TO ANY/AND ALL
PERMITS OF THE PLANNING BOARD FOR THE TOWN OF
NORTH ANDOVER, MA.
SIGNED BY PETMONER OR REPRESENTATIVE:
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TO: .Ju-oy 1 Ywwro FAX#pn 0 n.
FROM: Mary, Plowing Assistant
FAX #978-688-9542 - PHONE #978-688-9595
Please sign your name and fill in address of premises affected, fill
in current date, return sone to fax#978-688-9542. Thank you.
"REQUEST FOR A CONTINUANCE"
NAME: (34p--- -r mu�ft « -BwLIF i-
GS4con PRmLg—A7k5 r
ADDRESS OF PREMISES AFFECTED:
1003 OSQj >
PHONE NUMBER:
AREA,CODE:_ 603 893 0720
"I WISH TO REQUEST A CONTINUANCE UNTIL THE NEXT
SCHEDULED PLANNING BOARD MEETING, THEREFORE
WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY
AND/ALL DECISIONS RELATIVE TO ANY/AND ALL
PERMITS OF THE PLANNING BOARD FOR THE TOWN OF
NORTH ANDOVER, MA.
SIGNED BY PETITIONER OR REPRESENTATIVE:
a
DATE:
cutfcnYkMtb
MIK,'ONTfNI113ANCF -
TO: Juwe IYM.o,J FAX# i�11CFa _ � p
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FROM: Mary, Planning Assistant
FAX #978-688-9542 - PHONE #978-688-9535
Please sign your name and fill in address of premises affected, 511
in current date, return same to fax 9978-688-9542. Thank you.
"REQUEST FOR A CONTINUANCE"
NAME: C {}?Us -TYkuLA c.-, uF eF os�o�sD�RaPeaTES, l� c
ADDRESS OF PREMISES AFFECTED:
loos �5!•ooD Sm :7' _
PHONE NUMBER:
AREA CODE:_ 1003 893- o72 o
"I WISH TO REQUEST A CONTINUANCE UNTIL THE NEXT
SCHEDULED PLANNING BOARD MEETING, THEREFORE
WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY
ANA/ALL DECISIONS RELATIVE TO ANY/AND ALL
PERMITS OF THE PLANNING BOARD FOR THE TOWN OF
NORTH ANDOVER, MA.
SIGNED BY PETITIONER OR REPRESENTATIVE:
Signature
DATE I /a
4n�ijnt current date
h0/coNTu+[renNcs
TO: JubY FAX # > -5 5
FROM: Mary, Planning Assistant ?g
FAX #978-688-9542 - PHONE #978-6�0 4535'
Please sign your name and fill in address of premises affected, fill
in current date, return same to fax #978-688-9542. Thank you.
"REQUEST FOR A CONTINUANCE-
NAME: C'/-4[z�S -Z`Yr,u�e Io -CfQOPD '�RePFe-r,cc �
ADDRESS OF PREMISES AFFECTED:
If,-0oScoon sz
PHONE NUMBER:
AREA CODE:_( (e3 ) 893-c>72o
"I WLSH TO REQUEST A CONTINUANCE UNTIL THE NEXT
SCHEDULED PLANNING BOARD MEETING, THEREFORE
WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY
AND/ALL DECISIONS RELATIVE TO ANY/AND ALL
PERMITS OF THE PLANNING BOARD FOR THE TOWN OF
NORTH ANDOVER, MA..
SIGNED OVER OR REPRESENTATIVE:
Signature
DA y 1 0
11 in t date
CE
I.,`"VvKrQfMA5SACHUSeFT5
CIVIL ACTION COVER SHEET SUPERIOR
Cqf�f COURT DEPARTMENT
' n0 //'�
21-G
ESSEX
PLAI TIFF(S) _. DEFENDANT(S)NORTH ANDOVER PLANNING BOARD;
GREAT POND CROSSING, L nd JOHN SIMONS, RICHARD ROWEN,
WILLARD •p�.� . TIMOTHY SEIBERT, COURTNEY
`")��RKINS O PG AVOLPICELO, AND MICHAELCOLAN"
Plaintiff Atty Type Date nCant'a Attorney Name
}i I
Address 28 Andover St. Defendant Atty --- �
Address
(City Andover State F Zip Code 01810 Ci
I--�-� ty State Zip Code
Tel. +1 (978)475-5400 BBO#
TYPE OF ACTION AND TRACRACKK DESIGNATION(See reverse side)
CODE NO. TYPE OF ACTION(specify) TRACK IS THIS A JURY CASE?
CO2 Zoning Appeal G L c 40A- Fast Track �. 1 yes t; I No
The following is a full, itemized and detailed statement of the facts on which plaintiff relies to determine
money damages. For this form,disregard double or treble damage claims; indicate single damages only.
I
Attach additional s eats as necessary)
A. Documented medical expenses o date:
1. Total hospital expenses $
2. Total doctor expenses $
3. Total chiropractic expenses $
4. Total physical therap expenses $
5. Total other expenses describe) $
B. Documented lost we es and comppto date Subtotal S-
ensation
C. Documented propem damages to date $ —
D. Reasonably anticipated future medical expenses g
E. Reasonably anticipated lost wages and compensation to date $
F. Other documented items of damages(describe)
G. Brief description of plaintiffs injury, including nature and extent of injury(describe) $
FILE (0 Total$
FCOURINTHE SUPT rdL,
CON Rlal eta
Md1R 2 2 2011 (Attach ad lnonal s eels as necessary)
T
a detailed ascription of claim(s):
CLERK TOTAL $...............
IDENTIFY,BY CASE NUMBER,NAME AND COUNTY,ANY RELATED ACTION PENDING IN THE SUPERIOR
DEPARTMENT
At hereby certify that 1 have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution(SJC
Rule 1:18)requiring that I provide my clien w' h information about mart-connected dispute resolution services and discuss with them the
sdvamagn and daadventage,of b variy ods.a
Signature sd#in, " elift d 6/ �6 Date: Mar21;2011.
A.O.S.C.}2001
COMMONWEALTH OF MASSACHUS>,:,TTS C^.''I=D,.,. _
I .
ESSEX, SS 21fl'ft fit WWR�2
GREAT POND CROSSING, LLC and MASS..G;;J
WILLARD D. PERKINS,
Plaintiffs,
V.
NORTH ANDOVER PLANNING BOARD;JOHN
SIMONS, RICHARD ROWEN, TIMOTHY SEIBERT,
COURTNEY LaVOLPICELO,AND MICHAEL FILED
COLANTONI,as they are members of the North Andover IN THE SUFERIOH COURT
Planning Board; and OSGOOD PROPERTIES LLC, FOR THE COUNTY OF ESSEX
Defendants MA'R 2222 2011
COMPLAINT � —" �
INTRODUCTION -
This is an appeal,pursuant to G. L. c. 40A, § 17, from the Decision of the North Andover
Planning Board filed in the Office of the Town Clerk of the Town of North Andover on March 2,
2011, approving a Site Plan Special Permit in favor of Osgood Properties LLC,related to the
property at 1003 Osgood Street.
PARTIES
1. Plaintiff Great Pond Crossing, LLC ("Great Pond") is a Massachusetts limited
liability company with a principal address at 28 Andover Street,Andover, Massachusetts 01810.
Great Pond owns the Great Pond Crossing commercial complex at 1025 Osgood Street, and is an
abutter to the subject property.
2. Plaintiff Willard D. Perkins("Perkins") is an individual with a business address at
28 Andover Street,Andover, Massachusetts 01810, and a co-owner of Great Pond, which is an
abutter to the subject property.
3. Defendant, North Andover Planning Board(the "Board"), is the duly-appointed
special permit granting authority for the Town of North Andover pursuant to G.L. c. 40A, § 9
and the North Andover Zoning Bylaw.
4. Defendant John Simons ("Simons")resides at 25 Ironwood Road,North Andover.
He is the Chairman of the Board and is named as a defendant in his official capacity only.
5. Defendant Richard Rowen ("Rowed')resides at 102 Bear Hill Road,North
Andover. He is a member of the Board and is named as a defendant in his official capacity only.
6. Defendant Timothy Seibert("Seibert")resides at 65 Elm Street,North Andover.
He is a member of the Board and is named as a defendant in his official capacity only.
7. Defendant Courtney LaVolpicelo("LaVolpicelo")resides at 20 Femcroft Circle,
North Andover. She is a member of the Board and is named as a defendant in her official
capacity only.
8. Defendant Michael Colantoni ("Colantoni")resides at 50 Christian Way,North
Andover. He is a member of the Board and is named as a defendant in his official capacity only.
9. Defendant Osgood Properties LLC,the applicant("Osgood Properties"), is a
Massachusetts limited liability company with a principal place of business at 865 Turnpike
Street,North Andov r, MA 01845.
JURISDICTION
10. This ourt has jurisdiction over this zoning appeal pursuant to G. L. c.40A, § 17.
FACTS
11. On In Le 18,2010, applicant Osgood Properties filed a petition with the Board for
a site plan special pei mit. The application included a request for a site plan special permit to
2
construct a retail, office and restaurant complex in a B-2 zoning district.
12. The zoning relief was required in connection with the construction of a building
containing more than 2,000 square feet of gross floor area and/or the requirement of five or more
parking spaces.
13. Public hearings were held on July 20, October 5, and November 16, 2010, and
February 15 and March 1,2011. At the March 1, 2011 hearing, the Board voted to approve
previously prepared draft special permits. A certified 'copy of the decision is attached as Exhibit
A. The decision was filed with the Town Clerk on March 2,2011.
14. During the course of the Board's review of the application,the project scope and
plans changed substantially. The original application sought the construction of 110 parking
spaces and the creation of an additional curb cut for egress to the site, in addition to the shared
driveway with the property at 1025 Osgood Street.
15. The Board approved a site plan special permit for 19,300 square feet of retail,
office, and restaurant space, which would require 108 off-street parking spaces pursuant to the
Zoning Bylaw. The Board granted the applicant's request to create only 70 spaces, a 35%
reduction,based in large part on the finding that, "There is an opportunity to share parking
spaces with the adjacent development at 1035 Osgood St."
16. The Board's approval of the reduced parking was also based on the applicant's
reduction in the impervious surface footprint of the project,primarily by reducing parking
spaces, and location of the parking further from Lake Cochicewick (and closer to the Great Pond
Crossing property). The Board's approval of the reduced parking came despite the well-
documented parking problems at other multi-tenanted commercial sites in North Andover.
17. The Board also permitted the applicant to eliminate the planned curb cut and
3
provide access to the site solely via the shared driveway.
18. The elimination of direct access to the applicant's property will result in all of the
increased traffic volume created by the project being directed through the shared driveway with
Great Pond Crossing without the Board seeking or obtaining Great Pond's consent or input.
19. The Board instead found that the applicant's"proposal was designed to
complement the adjacent development at 1025 Osgood St., Great Pond Crossing."
20. The Board voted to approve the project without a single meaningful condition
protective of the plaintiffs' interests or the protections afforded by the zoning bylaw. For
example,although the decision requires the designation of a construction monitor and the filing
of plans and proposals,there is no requirement that construction vehicle traffic,hours of
operation, and the construction itself be conducted so as not to minimize disturbance to the
ongoing business operations at Great Pond Crossing,despite the shared driveway and,
apparently,parking.
21. The parking changes approved by the Board will necessarily impact the plaintiffs,
who will be burdened with parking by customers of the neighboring development. Rather than
requiring the applicant to maintain signage or other barriers to prevent cross-over parking by
employees, customers,or delivery vehicles, the Board relied on the availability of parking at
Great Pond Crossing to absorb the inevitable overflow that will be created by the shortage of
puking on the site.
22. The Board did not require the applicant to file any form of written consent by
Great Pond Crossing, LLC to the burden the applicant seeks to place on its neighbor. The Board
also did not solicit the input of the tenants and other condominium owners that run their business
at the site in regards to the reduced parking requirement.
4
23. The approved site plan does not protect the rights of the Great Pond Crossing,
LLC but instead seeks to be a complement to the neighboring development without recognizing
that the properties are not under common ownership.
24. The parking and access changes approved by the Board represent a significant
alteration from the original application, which will significantly impact the plaintiffs in this case
by overburdening their property for the benefit of the applicant.
25. The plaintiffs in this action are the owner of the abutting Great Pond Crossing
property at 1025 Osgood Street, and one of the co-owners of Great Pond.
26. The plaintiffs are persons aggrieved by the Board's decision and the decision will
specifically impact their use and enjoyment of the property at 1025 Osgood Street and the value
of that property as the relief granted by the Board will directly burden the plaintiffs with
overflow parking, increased traffic at the site access driveway, and no protection from the ill
effects of the construction process.
27. The Board exceeded its authority pursuant to G.L. 40A and the zoning bylaw.
WHEREFORE, the plaintiffs respectfully request that this court enter judgment annulling
the decision of the Board and entering such other relief as justice and equity may require.
5
Dated: March, 2011 RESPECTFULLY SUBMITTED,
GREAT POND CROSSING, LLC
By:
WILLARD D. PERKINS, MANAGER
GREAT POND CROSSING, LLC
28 Andover Street
Andover,MA 01810
(978)475-5400
WD. PERKINS
28 Andover Street
Andover, MA 01810
(978)475-5400
6
Town of North Andover
Office of the Planning Department ,;, 1,.:
Community Development and Services Divisronp o '; i ,
a'°...... `r 1600 Osgood Street P +'S�'k f"
,J`S�CNU`+Et
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: March 1,20011
Date of Hearing: July 20,2010,Oct. 5,
2010,Nov. 16,2010,February. 15,2011,
March 1,2011
Date of Decision: March 1,2011
Petition of: Osgood Properties LLC,John Grasso, Manager
865 Turnpike Street,North Andover,MA 01845
Premises Affected: 1003 Osgood Street,.North Andover, MA 01845, within the Business
Two(B-2) Zoning District,Assessors Map 35,Lot 50.
Referring to the above petition for a Site Plan Special Permit from the requirements of the North
Andover Zoning Bylaw, Sections 2.30.1, 8.1, 8.3, 8.4, 10.3,and 10.31 and MGL C.40A, Sec. 9
So as to allow: to allow the construction of 19,300 sq. ft. retail/officetrestaurant complex,
including the renovation of an existing barn, with 70 total parking spaces, drainage system
network,extensive grading and landscape work within the Business Two (B-2) Zoning District.
After a public hearing given on the above date, the Planning Board voted to APPROVE a Site
Plan Special Permit, a Common Driveway Special Permit and an Off-Street Parking
Special Permit based upon the following conditions: p
rth Andover Pl#hning Board
hn Simons, Chai man
Richard Rowen
Timothy Seibert
Courtney LeVolpicelo
Michael Colantoni
ATTEST:
A True Copy
Town Clerk
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
The Planning Board herein approves the Site Plan Special Permit, Parking Special Permit and
Common Driveway Special Permit for the construction of 19,300 sq. ft. retail/office/restaurant
complex, including the renovation of an existing barn, with 70 total parking spaces, drainage
system network, extensive grading and landscape work. The site is accessed by a Common
Driveway shared with the Great Pond Crossing complex at 1025 Osgood St., which runs along
the eastern property line. The building is located on 1003 Osgood Street, Map 35, Lot 50 in the
Business Two (B-2) Zoning District. This Special Permit was requested by Osgood Properties
LLC, John Grasso, Manager, located at 865 Turnpike Street, North Andover, MA 01845. The
application was filed with the Planning Board on June 18, 2010. The applicant submitted a
complete application, which was noticed and reviewed in accordance with Section 2.30.1, 8.1,
8.3, 8.4, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaws Section 2.30.1, 8.1, 8.3, 8.4, and 10.31:
FINDINGS OF FACT:
1) As a result of discussions with the Planning Board, Planning Staff and outside consultants.
the applicant has significantly altered the design of the complex from that which was
originally presented. The resulting proposal limits site disturbance, provides maximum
distance from Lake Cochichewick and provides for the least mount of impact on an
environmentally sensitive area.
2) The proposal also includes the preservation of an historic barn, leaving the barn in its current
position. The final design of the complex provides for an integration of the barn with the
new addition and also provides design integration with the surrounding commercial
properties, in particular the Great Pond Crossing complex located at 1025 Osgood St.
3) The application was reviewed by the Town's civil engineering consultants, VHB, who
reviewed the project for conformance with the Town's Zoning Bylaw and also reviewed the
Trip Generation Study submitted by the applicant and written by Dermott Kelly, dated June
16, 2010. The final project reflects changes to the traffic pattern within the site, a relocation
of parking spaces away from the environmentally sensitive areas and the use of a common
driveway that will be shared with the development at 1025 Osgood St. See VHB letters dated
July 26,2010,November 5, 2010 and February 11,2011.
4) The site drainage system and storm water management design are designed in accordance
with the Town Bylaw requirements and Best Management Engineering and Practices, and the
most recent version of the MA DEP Stormwater Handbook, and has been reviewed by the
outside consulting engineer, Lisa Eggleston. The applicant altered the original drainage
design to provide for maximum stormwater infiltration and has provided adequate safeguards
to mitigate pollutants from entering the Lake and the surrounding area. See letters from L.
Eggleston dated August 5, 2010, October 5, 2010, January 6, 2011, February 1, 2011 and
February 9,2011.
2
1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
5) An Emergency Response Plan that describes steps to be taken by the management of the
project in cooperation with the town of North Andover in the case of an environmental
emergency has been incorporated as part of this decision.
6) The project is located within an extremely environmental sensitive area and in close
proximity to Lake Cochichewick. The final design reflects extensive discussions between the.
Town and applicant to ensure the continued protection of Lake Cochichewick and the safety
and welfare of the residents of North Andover, and as provided under section 4.136 (4)(e),
the Planning Board has determined that there will not be any significant degradation of the
quality and quantity of water in or entering Lake Cochichewick.
7) The shared access way results in a better overall and cohesive plan that improves
intemallextemal circulation of vehicles and pedestrians, emergency access, eliminates one
curb cut on Osgood Street, and provides for a more aesthetically pleasing and cohesive
streetscape for both projects at 1025 Osgood Street and 1003 Osgood Street.
8) The reduction in parking will provide for an efficient use of parking spaces, decreases the
need for impervious surfaces and provides for a more environmentally sensitive project
design.
9) The use as proposed will not adversely affect the neighborhood, as the proposal is designed
to complement the adjacent development at 1025 Osgood St., Great Pond Crossing.
10)There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has
demonstrated that (1) the proposed access and egress point from Great Pond Road will not
significantly increase traffic flow or volumes and (2) the parking design provides for
adequate traffic flow,safety,and sufficient pedestrian connections throughout the project.
11)The project meets the requirements of Section 2.30.1, 8.1, 8.3 and 8.4, of the North Andover
Zoning Bylaw,with the exception of the following waivers:
A) Section 8.3.5.e.xxii: Fiscal Impact Statement. In lieu of the Fiscal Impact Statement, the
applicant has provided information that addresses the fiscal impact of the proposed
commercial development and the Planning Board has found that the development
provides potential benefits to the community.
B) Section 8.3.5.e.xxiii: Community Impact Statement. In lieu of the Community Impact
Statement, the applicant has provided information that addresses the impact of the
proposed commercial development on the community and the Planning Board has found
that the development is in harmony with the surrounding commercial area.
C) Section 8.3.5.e.xix: Traffic Impact Analysis. In lieu of the Traffic Impact Statement, the
applicant has provided a traffic report prepared by Dermott Kelly, dated June 24, 2010.
The report contains information on site-generated traffic volume, which addresses the
3
1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
requirement for site specific traffic impacts.
D) Section 8.4.2 Screening and Landscaping Requirements for Off-Street Commercial and
Industrial Districts. The applicant is proposing a landscaped area in the front of the
property that does not run the entire length of the front setback area, because of the need
to preserve sight-lines along Route 125. The Board grants a waiver under Section 8.1.8,
due to the sensitive environmental area and the need to reduce the overall footprint of the
site.
E) Reduction in parking section and modification of design standards 8.1.8: The applicant is
proposing 70 parking spaces, a reduction of 35% from the number of required spaces,
along with modifications to the aisle width. The Board finds that this reduction is
appropriate for this development,based on the following:
a) There is an opportunity to share parking spaces with the adjacent development at
1025 Osgood St.
b) The applicant has made an effort to minimize site disturbance in an area close to Lake
Cochicewick, and has reduced the footprint of the entire site, including reducing the
number of parking spaces.
c) The uses that are being proposed (office and restaurant) provide for a sharing of
parking spaces based on hours of operation.
d) The parking and aisle layout provides for adequate circulation for emergency and
other vehicles within and around the site.
12)The Conservation Commission closed the Public Hearing for the project on February 9, 2011
and has issued an Order of Conditions.
13)Adequate and appropriate facilities will be provided for the proper operation of the proposed
use. The project will provide Town water, sewer, and utilities on the property to adequately
address the needs of the project and has been reviewed by the Division of Public Works and
the outside consulting engineers,V anasse Hangen Brustlin, Inc and Lisa Eggleston.
14)The Common Driveway provides safe and convenient access to the site and is subject to a
recorded maintenance agreement as required under section 2.30.1 of the Bylaws.
Finally the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Sections 2.30.1, 8.1, 8.3 and 8.4, 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:
Permit Definitions:
i) The"Locus"refers to the 138,729 sq. fi.parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35, lot 50, and also known as 1003 Osgood Street,
North Andover, Massachusetts.
4
1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
ii) The"Plans"refer to the plans prepared by MHF Design Consultants dated June 17,
2010,revised September 22, 2010, December 8,2010,January 17,2011,February 3,
2011, and February 18, 2011 entitled "Proposed Site Development Plans for Map 35
Lot 50, 1003 Osgood Street,North Andover, Massachusetts 01845" and consisting of
sheets 1 through 13.
iii) The "Project"or"1003 Osgood Street"refers to the development of 19,300 square
feet of retail/office/restaurant space, 70 parking spaces and associated grading and
extensive landscaping work. The project includes the creation of a common driveway
for 1003 Osgood Street,Map 35,Lot 50 and 1025 Osgood Street, Map 35,Lot 20 and
depicted on Sheet 3 of the Plans. The driveway will provide a shared access road to
both properties.
iv)The "Applicant"refers to Osgood Properties LLC,the applicant for the Special
Permits.
v) 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.
1) Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
A) The developer shall designate an independent Environmental Monitor who shall be
chosen in consultation with the Planning and Community Development Staff. This
monitor shall be the same environmental professional required by the Conservation
Commission, per their Order of Condition, March 1, 2011. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Planning Board
designated official. The Environmental Monitor shall make weekly inspections of the
project and file weekly reports, as specified in the Order of Conditions and the Planning
Board's Special Permit decision, to the Planning Board throughout the duration of the
project. The monthly reports she detail area of non-compliance, if any and actions taken
to resolve these issues. The designated monitor may not be applicant and/or developer.
B) All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan and Erosion
and Sediment Control Plan for Stormwater Management Systems submitted to the
Conservation .Commission and to the Planning Board and incorporated in the
Conservation Commission's Order of Conditions and the Planning Board's Special
Permit. The approved Operation and Maintenance Plan and Long Term Pollution
Prevention Plan for Stotmwater Management Systems is fully binding upon the applicant
and/or owners, successors, agents, associations, heirs and assigns and must be adhered to
in perpetuity
C) The applicant shall designate an independent construction monitor who shall be chosen in
5
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
consultation with the Planning Department. The construction monitor must be available
upon four (4)hours notice to inspect the site with the Planning Board designated official.
The construction monitor shall make weekly inspections of the project and file monthly
reports to the Planning Board throughout the duration of the project. The monthly reports
shall detail area of non-compliance, if any, and actions taken to resolve these issues.
D) The conditions of the Common Driveway Easement, dated October 10, 2006 and
recorded at the Northern Essex Registry of Deeds, Book 10431, Page 325, shall be
incorporated into and be made a part of this decision.
E) The Architectural Design Elevations from Annino Inc., dated January 14, 2011, as
presented by the applicant at the Planning Board meeting on February 15, 2011, shall be
incorporated as part of this decision. Substantial changes to the design shall be reviewed
by the Planning Board.
F) The final plans must be reviewed and approved by the DPW and the Planning
Department and be endorsed by the Planning Board. The final plans must be submitted
for review within ninety (90) days. Failing submission of required final plans within 90
days will render this Special Permit null and void. The applicant may request an
extension of this condition.
G) If applicable, the applicant must supply a copy of the approved Massachusetts Highway
Department permits necessary for construction of the site to the Planning Department.
H) Confirmatory soil testing will be conducted at the proposed infiltration system k2, as
noted on the Plans. The results of this soil testing will be provided to both the Planning
and Conservation Staff.
2) Prior to the start of construction:
A) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
B) All applicable erosion control measures as shown on the plan must be in place and
reviewed and approved by the Planning Department.
C) It shall be the responsibility of the developer to assure that no erosion on the site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public
ways, except m normally ancillary to off-site sewer or other off-site construction. Off-
site erosion will be a basis for the Planning Board making a finding that the project is not
in compliance with the plan; provided, however, that the Planning Board shall give the
developer written notice of any such finding and ten days to cure said condition.
6
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown
on the plan. The Planning Department must be contacted prior to any cutting and or
clearing on site.
E) A pre-construction meeting must be held with the developer, their construction
employees, Planning Department, and Conservation Department to discuss scheduling of
inspections and inspections to be conducted on the project.
F) The applicant shall provide the Planning Board with copies of permits, plans and
decisions received from the Conservation Commission. Should the Town Planner find
that plans approved by the Conservation Commission substantially differ from the
approved plans of the Planning Board; the Planning Board reserves the right to require
the developer to present the changes through a public hearing to the Planning Board for a
Modification to Site Plan approval.
G) The applicant shall provide copies of required approvals from both the Federal Aviation
Administration(FAA)and the Aeronautics Division of MassDOT.
H) A site openinglerosion control bond shall be in the total amount of fifteen thousand
dollars ($15,000) for the purpose of covering any contingencies that might affect the
public welfare such as site opening, clearing, erosion control and performance of any
other condition contained herein. The Guarantee shall be in the form of a bond
acceptable to the Town and made payable to the Town of North Andover escrow account.
Upon fulfilling the requirements under said bond, the said bond amount will be rolled
over to Condition 7(I).
I) A bond in the amount of fifteen thousand dollars ($15,000) must be posted for the
purpose of insuring that a final as-built plan showing the location of all on-site utilities,
structures, curb cuts, parking spaces, topography, and drainage facilities are submitted.
The bond is also in place to insure that the site is constructed in accordance with the
approved plan. This bond should be in the form acceptable to the Town and made
payable to the Town of North Andover escrow account.
J) A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the
purpose of covering any contingencies or emergency situations that may degrade or
impact the quality of the Town's drinking water supply, Lake Cochichewick. The
Guarantee shall be in the form of a bond acceptable to the Town made payable to the
Town of North Andover escrow account and will be held in perpetuity. Should the
property be sold or transferred, the Planning Department will require that a bond be
posted by the new owner and to be held in perpetuity. Said bond will only be utilized for
the purposes stated above.
3) Prior to the issuance of a Building Permit:
A) Three (3) copies of the signed, recorded plans must be delivered to the Planning
Department.
7
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
B) One certified copy of the recorded decision must be submitted to the Planning
Department.
C) The applicant shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and
hydraulic calculations for each commercial system shall be submitted for review
and approval by the North Andover Fire Department. Plans and hydraulic
calculations for each commercial system must also be supplied to the Building
Department.
D) To ensure the continued protection of the health and welfare of the residents of North
Andover and lessen the probability and possibility of contamination and incident to the
Town's primary source of drinking,the applicant shall be required to submit to the Planning
Department a comprehensive Emergency Response Plan and Maintenance Procedures. The
Planning Board shall review and approve said plan. The final plans must be submitted for
review within ninety (90) days of filing the decision with the Town Clerk. Failing
submission of required Emergency Response Plan within 90 days will render this Special
Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be
distributed to the Town's Fire Department, Police Department, Planning Department, and
the project site where the document(s)will be kept on file and easily accessible in case of
an emergency.
4) During construction:
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as
directed by the Town Planner,throughout the construction process.
B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt,
wood, construction material, etc.) and must be shown on a plan and reviewed and
approved by the Town Planner. The developer will make every effort to locate stockpiles
on the site away from the Lake Cochichewick. Any approved piles must remain covered
at all times to minimize potential dust and be required to install appropriate erosion
control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to
remain for longer than one week must be fenced off and be seeded.
C) In an effort to reduce noise levels, the developer shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from the
structures or site.
D) The Town Planner will perform bi-weekly inspections of the site during construction to
ensure that the developer is adhering to the conditions set forth in the decision.
5) Prior to the issuance of a Certificate of Occupancy:
8
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
A) The applicant must submit a letter from the architect and engineer of the project stating that
the building, signs, landscaping, lighting and site layout substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the
applicant and/or property owner may provide a bond, determined by the Planning Board,to
cover the full amount of the landscaping materials and installation if weather conditions do
not permit the completion of the landscaping prior to anticipated occupancy. -
B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All
lighting shall have underground wiring and shall be so arranged that all direct rays from
such lighting falls entirely within the site and shall be shielded or recessed so as not to
shine upon abutting properties or streets. The Planning Staff shall review the site. Any
changes to the approved lighting plan as may be reasonably required by the Planning
Staff shall be made at the owner's expense. All site lighting shall provide security for the
site and structures however it must not create any glare or project any light onto adjacent
residential properties.
C) The commercial fire sprinkler systems must be installed in accordance with referenced
standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts
State Building Code. Certification that the systems have been installed properly in
accordance with the above referenced regulations must be provided from both the North
Andover Fire Department and the North Andover Building Department to the applicant.
The applicant must then provide this certification to the North Andover Planning
Department.
D) Emergency Response Plan to be filed and posted in obvious place such as Fire Department,
Police Department and Planning Department.
E) The applicant must submit proof of contract to the Conservation and the Planning
Department in the form of a written and signed document from the assignee(s)
responsible for conducting the perpetual site maintenance in accordance with the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan for
Stormwater Management Systems and perpetual conditions mandated in Conservation
Commission's Order of Conditions. In addition to this contract, the applicant shall
submit an Affidavit from the assignee (s) acknowledging the Stormwater Operation &
Maintenance responsibilities of the stormwater management systems in accordance with
the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan
for Stormwater Management Systems and other perpetual conditions mandated in this
Decision and in the Order of Conditions.
6) Prior to the final release of all security and escrowed funds:
A) The Planning Staff shall review the site. Any screening as may be reasonably required by
the Planning Staff will be added at the Project Owner's expense.
9
1003 Osgood Street,Map 35 Lot 50
Site Plan Review,Common Driveway and Parking Special Permits
B) A final as-built plan showing final topography, the location of all on-site utilities,
structures, curb cuts, parking spaces, and drainage structures and facilities must be
submitted to the Planning Department. The applicant must submit a letter from the
architect and engineer of the project stating said items substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
7) General conditions:
A) Any plants,trees or shrubs that have been incorporated into the Landscape Plan approved
in this decision that die must be replaced by the project owner in perpetuity.
B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and
preserve the natural features of the site.
C) The emergency shear gate valves located at the infiltration system should be tested twice
yearly to insure that they are in working condition. The test reports are to be submitted to
the Planning Office for review.
D) Snow removal may be stored on the designated storages areas shown on said plans
referenced below to the extent possible, but must be trucked off site whenever snow
exceeds on-site storage capacity.
E) No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
in the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. In addition, permanent signs designating "No-Salt
Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations along the
Non-Disturbance Zone as approved by the Conservation Department and shown on the
herein referenced plans.
F) Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition with the title
of the property and shall remain in perpetuity.
G) Should the Project Owner transfer ownership of the project and/or property prior to the
completion of the project and the submission of as-builts, the buyer shall meet with the
Planning Board to provide an update on the status of the project.
H) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
I) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
J) The hours for construction shall be limited to between 7:00 am. and 5:00 p.m. Monday
through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
10
1003 Osgood Street,Map 35 Lot 50
Site Plmr Review,Common Driveway and Parking Special Permits
K) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
L) No underground fuel storage shall be installed.
M)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.
N) Depending on the allowed uses, the Planning Board reserves the right to modify the form
and frequency of water quality and maintenance testing and inspection.
0) 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.
P) 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.
Q) This Special Permit approval shall be deemed to have lapsed two years after the date of
the grant of this special permit (March 1, 2013), exclusive of the time required to pursue
or await determination of any appeals, unless substantial use or construction has
commenced within said two year period or for good cause. For purposes of this
development, the developer shall be deemed to have undertaken substantial use or
construction if the developer has installed 100%of the designed drainage system.
R) This Site Plan Review Special Perndt approval is based upon the following information
which is incorporated into this decision by reference:
1) Plan titled: Proposed Site Development Plans for Map 35 Lot 50
1003 Osgood Street,North Andover,Massachusetts 01845.
Prepared for: Osgood Properties LLC
865 Turnpike Street
North Andover,MA 01845
Prepared by: MI-IF Design Consultants,Inc.
44 Stiles Road,Suits One
Salem,NH 03079
Scale: 1"=20,
Date: June 17.2010,Revised Sept.22,2010,Dec 8,2010,Jan. 17,2011,Feb. 3,
2011,Feb. 18,2011
Sheets: 1 —13 and Exhibit A,dated February 8,2011
2) Report: Storrs Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MBF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
11
1003 Osgood Street,Map 35 Lot 50
Site Plan Review, Common Driveway and Parking Special Permits
Date: June 17. 2010, Revised Sept. 22, 2010, Oct. 08, 2010, Jan. 17, 2011
3) Report: Operations&Maintenance Plan and Long Tenn Pollution Prevention Plan
Date: lune 17,2010.Revised September 22,2010,December 8,2010,January
17,2011 and February 18,2011
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road, Suite One
Salem,NH 03079
4) Report: Stone Water Management Report
Prepared for: Osgood Properties LLC
Prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Date: June 17.2010,Revised Sept.22,2010,Oct.08,2010,Jan. 17,2011
5) Elevations: Osgood Properties LLC
1003 Osgood Street—Concept Elevations
Prepared by: Aninno,Inc.
Date: January 14,2011
cc: Director of Public Works
Building Inspector
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
12
COMMONWEALTH OF MASSACHUSETTS._ ,
/ ESSEX, SS SUPERIOR COURT
2RRtNh Y9I1r0
GREAT POND CROSSING, LLC and
WILLARD D. PERKINS, R
Plaintiffs,
V.
NORTH ANDOVER PLANNING BOARD;JOHN
SIMONS,RICHARD ROWEN, TIMOTHY SEIBERT,
COURTNEY LaVOLPICELO,AND MICHAEL
COLANTONI, as they are members of the North Andover IIOZ I I ddV
Planning Board;and OSGOOD PROPERTIES LLC, X3SS3 d0 AlNnoo 3H
1tln00 UltlOj0183dnS 3 .L NI
Defendants ®3-18
AFFIDAVIT OF SERVICE OF PROCESS
I, Willard D.Perkins,hereby depose and state:
1. Pursuant to Massachusetts General Laws chapter 40A, section 17,on April 5,2011,1
served a copy of the Complaint and Civil Action Cover Sheet on the following
defendants by certified mail,return receipt requested:
North Andover Planning Board
Town Hall
120 Main Street
North Andover,MA 01845
John Simons
25 Ironwood Road
North Andover,MA 01845 g
Richard Rowen IN THE1 FED
`R p®
COURT
102 Bear Hill Road FOR THE COUNTY OF ESSEX
North Andover,MA 01845 APR I 1 2011
igHOVSSVW Timothy Seibert
U7!V H18ON 65 Elm Street
North Andover, MA 01845 CLERK
60 :h Wd 118d*✓ Ii�l
J03n13J3�
.CXh/lv/f f-'
GREAT POND CROSSING,LLC
28 ANDOVER STREET
ANDOVER,MA 01810
March 22,2011
VIA CERTIFIED MAIL–RETURN RECEIPT REQUESTED
North Andover Planning Board Joh25 n Simons
Road
Town Hall
120 Main Street North Andover,MA 01845
North Andover,MA 01845
Richard Rowen Timothy Seibert
102 Bear Hill Road 65 Elm Street
North Andover,MA 01845 North Andover,MA 01845
Courtney LaVolpicelo Michael Colamoni
20 Femcroft Circle 50 Christian Way
North Andover,MA 01845 North Andover,MA 01845
Osgood Properties LLC
865 Turnpike Street
North Andover,MA 01845
RE; Great Pond Crossing, LLC, et al.v.North Andover Planning Board, et al.
Essex Superior Court,Docket No.2011-511-C
Dear Sir/Madam:
Pursuant to Mass. Gen. Laws chapter 40A, section 17,enclosed as service of process in
this case are copies of the following documents:
1. Complaint;
2. Summons; and
3. Civil Action Cover Sheet.
Sincerely,
WAk—
Willard
D.Perkins,Manager
Willard D. Perkins
same 1,2,and 3.Nso complete A. Sl9m`—�„
Reshlcted Delivery is desired.
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D.bdelhay mdwadnaart aan Hank OY,s
1. ANde Addressdto: HYES,a dyWayaWressb ❑No
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PS Form 3811,February 2004 Oarrresnc Ratan Raelet t Iw
Courtney LaVolpicelo
20 Feracroft Circle
North Andover,MA 01845
Michael Colamoni
50 Christian Way
North Andover,MA 01845
Osgood Properties LLC
865 Turnpike Street
North Andover, MA 01845
2• A copy of my cover letter is attached as exhibit A.
3. The Certified Mail Receipts for each defendant and the return receipt cards
date are attached as Exhibit B. I will supplement this affidavit with additioreceived to
nal riven
receipt cards when they are received.
Signed under the pains and penalties ofpedury on April 12,2011.
Willard D.Perkins
28 Andover Street
Andover,MA 01810
Tel:(978)475-5400
COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT
ESSEX,SS. SUPERIOR COURT DEPARTMENT
CIVIL ACTION No.2011-521-C
GREAT POND CROSSING,LLC and
WILLARD D. PERKINS, plaintiffs
V.
NORTH ANDOVER PLANNING BOARD,J]Anddover
SIMONS,RICHARD ROWEN,TIMOTHY SI — ---
COURTNEY LAVOLPICELO and MICHAE
COLANTONI, as they are members of the Norplanning Board and OSGOOD PROPERTIES,
Defendants
NOTICE OF APPEARANCE
- Notice is hereby given of my appearance for the Defendants North Andover Planning
Board and John Simons, Richard Rowen, Timothy Siebert, Courtney Lavolpicelo and Michael
Colantoni,as they are members of the North Andover Planning Board.
Date: April 7,2011 NORTH ANDOVER PLANNING BOARD,
JOHN SIMONS,RICHARD ROWEN,
TIMOTHY SIEBERT,COURTNEY
LAVOLPICELO AND MICHAEL
COLANTONI as they are members of the North
Andover Planning Board.
By their attorney,
Thomas J. UrbelVbbu#506560
URBELIS &FIELDSTEEL,LLP
155 Federal Street
Boston,MA 02110
(617) 338-2200
tju@uf-law.com
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