HomeMy WebLinkAboutCorrespondence - 1077 OSGOOD STREET 3/15/1985 NATURAL RESOURCE CONSULTING SERVICES
167 South Street
Concord, New Hampshire 03301
603-224-8202
March 15, 1985
Ms. Karen Nelson
North Andover Town Planner
120 Main Street
North Andover, MA 01845
RE: Yameen Family Development
Dear Ms. Nelson:
Natural Resource Consulting Services is attaching 12 copies of an
"Application for a Special Permit at the Yameen Development Site in North
Andover , MA. " The Yameen' s have wanted to improve and expand their
existing market at the junction of Massachusetts Routes 125 and 133 for
several years. Recent developments with a private sewer line extention
have allowed them to reactivate their plans.
The development envisions an expanded food market area and several
contiguous rental properties. We understand the Town's concern for Lake
Coebichewick and have taken pains to insure that no degradation of the
area' s surface or subsurface water occur. NRCS has worked closely with
the Yameen family and their archetect, MacLaren Associates, Inc. , on this
6
development and we believe we have addressed the Planning Department 's
concerns. If you have any questions regarding the attached request for
special dispensation from development within the public water supply
watershed I ask that you contact me at your convenience. Thanking you in
advance for your consideration, I remain,
Very truly yours,
Peter W. Spear, CWB, CEP
Principal
PWS/Ir
Attachments
VERMONT ADDRESS: P.O. Box 297, Essex Junction, Vermont 05452 802-878-2548
OORTN
OFFICE OF HIGHWAY SURVEYOR
384 OSGOOD STREET
TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845
WILLIAM A.CYR � ° TELEPHONE 685-0950
Highway Surveyor
II b
arch 18, 1985
LOW
Paul Hedstrom, Chairman
Planning Board
120 Main St.
North Andover, Ma. 01845
Re: Angus Realty Corp.
Dear Paul:
I have reviewed the plan and have also met with representatives
of this proposal on the site to discuss drainage alternatives.
If this site is graded and drained in the manner proposed
I would have no problem accepting this proposal.
I
Presently a good portion of the site drainage and parking
area is draining into Lake Ccbchichewick. There is also a drive-
way entrance and exit from Great Pond Road, presently being used,
that has been a problem and it also drains into the Lake.
If this driveway is discontinued as planned and the drainage
from the entire site is directed across Rte 125 this will be a
vast improvement over the situation that exists presently. The
drainage once it gets across Rte 125 flows across Clark St,
Holt Rd. and then to the Merrimack River.
I will be at your meeting Monday evening to discuss this
further, if you wish.
Very truly yours,
William A. Cyr
Highway Surveyor
WAC/m
omas S1. Ca ffte_y
c4ttotnsy at -fa.w, _(PC
gfiomas 9. Cafftey May 24 , 19 8 5 300 EisEx c�E%Ed, _ aw%znCE, Aa. o184o
6q 686-6151
Ms . Karen Nelson ,
Chief Planner
North Andover Town Hall
120 Main Street
North Andover , Massachusetts 01845
Re : Angus Realty Corporation
d/b/a Butcher Boy Meat Market
1077 Osgood Street
North Andover , Massachusetts 01845
Dear Ms . Nelson :
We represent Angus Realty Corporation, operated by the
Yameen family in North Andover , in connection with its application
for a special permit to construct a new commercial building at
its existing site .
After literally years of planning , and a full hearing before
the Planning Board, our client now finds that it must begin anew
as a result of a recent By-law change at Town Meeting . A petition
has been filed with the Zoning Board of Appeals to be heard at
its meeting scheduled for June 10 , 1985 .
I
We request a letter of support from you, to be filed with
the Zoning Board of Appeals prior to its hearing. We believe the
merits of our case have been made clear to all interested parties
and but for the Town Meeting action , a majority of the Planning
Board would have acted favorably on our Petition.
In view of the substantial delays and additional expense
encountered by our client in pursuing this legitimate purpose for
the use of its property , we hope you will be favorably disposed
to indicate your support.
Thank you for your consideration.
Very truly yours ,
Thomas F. Caffrey
TFC :lmm
CC : Kenneth Yameen
�omai . affte-y
tto%nF-y at -'our, Jam.(-7.
9LImai 9. Gaff y P.0. Lox 1317
300 Essx GS-hz , 1Paw%zncE, A
a 01802
617 686-615
January 27 , 1987
Michael P. Roberts , Chairman
Forth Andover Planning Board
Town Hall
North Andover, MA 01845
RE: Angus Realty Corporation, 1077 Osgood Street
Dear Chairman Roberts:
Angus Realty has been working diligently, and at great
expense, to conform its plans for its site on Osgood Street to
the decision of the Board of Appeals of September 24 , 1985. Our
client would like to bring those plans to your meeting scheduled
for Monday evening , February 2 , 1987 . Kindly place this matter
on your agenda for that evening.
Very truly yours,
-.-7?1
Thomas F. Ca -f r _,..
TFCarmb
cc: Angus Realty Corporation
Archibald D. Maclaren , Architect
almwararmw.awwu! ii rmmm..w+ m mmurw v rvuei.Gp '�
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16171470-0700
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February 10, 1987
Re: Petition of Angus Realty Trust
Premises: Osgood Street known as 1077 Osgood Street
Petition No. 39-85
Pursuant to the Board of Appeals Notice of Decision dated
September 24, 1985 relative to the above-referenced petition,
the following revisions have been made to the old site plan:
1. The building has been moved beyond the 250 foot line from
the lake.
2. The retaining wall is within 150 feet and 250 feet from the
lake.
3. The retaining wall will be constructed first.
4 . Parking is allowed within 150 feet and 250 feet from
the lake.
5. The existing store is to be demolished after the new
building is constructed.
6. A stockade fence will be constructed as shown on the
revised site plan.
7. The building will be of Type 2-C, (steel structure) fully
sprinkled, with a brick exterior.
8. Plans are being presented to the Board on February 10,
1987.
9. Plans showing drainage are to be submitted to the Building
Inspector ,
10. A self-contained compactor-container, trash receptacle will
be enclosed in masonry.
11 . The existing driveway to Great Pond Road will be replaced
by a non-fertilized green area.
12. Landscaping will be as shown on plan.
13. The parking lot lighting will be directed down.
In addition to the changes requested by the Board, the following
changes have been made to the old site plan:
1. The entrance to the site has been moved up away from the
corner, and the stack length has been increased as per the
Department of Public Works' recommendation.
2. The building now is fully accessible.
3. The property line in the northeast corner of the lot has
been corrected due to an error made in the original survey.
Sincerely yours,
A. D. Maclaren
Tawn of
Orj=ICES or--: o °� 120 Main Street
APPEALS {. '�` Fi North Andover,
BUILDING %, °„,b��'�g Massachusetts 0184 r
CONSFRVATION g @ACRU8�4 DIVISION OF (617)685.4775
HFALT'I-1
PLANNING; PLANNING & COMMUNITY DEVELOPMENT
KARF_N FI.P. NELSON, DIRECTOR
MEMORANDUM
TO: Town Counsel
FROM: Karen Nelson, irector
DATE: March 3, 1987
SUBJ: BUTCHER BOY PROJECT
The Planning Board is in receipt of the undated attached memorandum
concerning Butcher Boy. It is unclear how the case law of Belfer vs. Building
Commissioner of Boston, 296 NE Second 857 and Smith vs. The Board of Appeals
of Brookline, 16 NE Second 501 is applicable to the Butcher Boy Site Plan
issue. I would request of you this supporting documentation so that it is
fully clear in our minds that there is no need to file for Site Plan Review.
In addition, written documentation should be submitted by the applicant
explaining the circumstances surrounding their inability to tie into the
Great Pond Rd. sewer line in a more timely manner.
In the meantime, I anticipate you conveying the Planning Board's
continued concern regarding this issue to the appropriate parties. Until
this issue is resolved, I anticipate their cooperation.
/ns
Attachment
cc: Paul D. Sharon/
Tricia Wrenn ✓
I
f: ) ✓ E-5,
OFFICE OF `
TOWN COUNSEL !
89 MAIN STREET ;
NORTH ANDOVER, MASSACHUSETTS 01845
NORTH
DOMENIC J.SCALISE 0 2 of .M1 e °p (617)682-4153
PETER G.SHAHEEN * i (617)689-0800
TOWN COUNSEL ..._. "
y9SSACeHUSEt S
TO: KAREN NELSON
FROM: TOWN COUNSEL
RE: SITE PLAN REVIEW BUTCHERBOY PROJECT
Per our discussion on Thursday, February 12 , it is our
.opinion that the special permit granted to the petitioners in the
above project is in fact valid and that the subsequent by-law
changes affecting site plan review occurred after the special
permit had been issued. Therefore, the subsequent by-law changes
do not apply to the special permit granted to the petitioners in
this case , nor do the petitioners need to submit their project to
the Planning Board for site plan review.
Furthermore , after research of the case law in this area we
likewise , I believethat paragraph 2 of chapter 48 sec . 6 does not
apply to this project . This paragraph states that a project must
begin within six months of the issuance of a special permit , as
is known this project , of course , has not begun within six months
of the issuance of the special permit. However, the case law in
this area states that where real practical impediments exist
preventing construction the six month period will be tolled. SEE
Belfer vs . Building Comminssioner of Boston 296 NE second 857 .
In the present case , the special permit was made contingent upon
the existance of a sewer line available for the project to hook
up to as is known , the sewer is not yet available to the
petitioners and therefore , they are unable to start their con-
struction . We believe that this situation is distinguished from
a situation where no real practical impediments. exist as outlined
in Smith vs . The Board of Apppeals of Brookline 16 NE second 5.01 .
The impediment in the present situation issimilar to the
Belfer case cited above in that the party seekingthe exception to
the statute did not have the power to removethe impediment at
will . Therefore , it is our opinion that the petitioners in this
matter need not submit themselves to the Planning Board for site
plan review.
If you wish to discuss this case in greater detail , please
feel free to call .
cc: Building Inspector
of NonrH 9
North Awkwer,
Aassiwhusct ts u 1845
BUILDING
CMU&Et46
<�r�NSIIZV,���rlc�r� �� DIVISION OF (G I 7)68 7.47
HI CAI:rl-I
PLANNING PLANNING & COMMUNITY DEVELOPIi'IE.N
KAREN H.P. NELSON, DIRECTOR
N
April 16, 1987
Attorney Thomas Caffrey
300 Essex Street
Lawrence, MA
Re: Angus Realty Trust
Butcher Boy Construction
Dear Attorney Caffrey:
It is my understanding that the plans for the proposed Butcher Boy
Mall is for the construction of a .two (2) story complex verses the one (1)
story presented to the Planning Board in 1985. Due to the lack of
elevation plans it is difficult to make a determination of the
modification. If this is the case I would like to draw your attention to
the attached correspondence which clearly explains the circumstances for a
submittal to the Planning Board under Site Plan Review requirements. I
have consulted with Town Counsel on the matter, and they concur that if the
.plans have changed from the original plans submitted in 1985, a formal
filing under Site Plan Review is required.
I would appreciate your prompt attention to this matter for the
purposes of eliminating any future confusion.
Sincerely,
Karen H.P. Nelson
Director Plan. & Comm. Dev.
c
Planning Office
Kenneth Yameen
�P6Ah � ING BPA�O
TOWN OF NORTH ANDOVER
120 Main Street
North Andover, MA: 01845
685-4775 '
HO11TH
• 1�
,'TSACMUSE�
October 22 , 1986
Angus Realty .
Kenneth Yameen
224 Bridal Path
North Andover, MA 01845 `
Re : SITE PLAN REVIEW - BUTCHER BOY EXPANSION
Dear Mr . Yameen:
The Planning Board discussed your proposed project briefly
at a recent meeting regarding future development at your site .
Not being aware of your intentions or time schedule for
construction, the board would like to forward the Site Plan
Review zoning bylaw to you for your files . It explains the
process by .which you obtain a Special Permit after the proper
plans have been submitted.
Sincerely,
PLANNING BOARD
Erich W. Nitfzsche, Chairman
EWN: nrs
cc : Board of. Appeals
MUM MH
TOWN OF NORTH ANDOVER
MASSACHUSETTS
f NOR TM
. O i��.° 71.0
H M '
A
1
September 10, 1985
Board of Appeals
Town Hall
North Andover , MA . 01845
Re : Butcher Boy - Special Permit Request
Dear Members of the Board :
There has been some question regarding the need for Butcher
Boy to go- through the Site Plan Review Special P,?rmi.t process . Last
February - March the Planning Board reviewed their plan Lind approved
of the Cite plan. However, . if the plans are revised by the applicant
they must file with our Board in accordance with Section 8 . 3, Site
Plan Review of the North Andover Zoning Bylaw.
Sincerely ,
Karen Nelson,
Town Planner
KN : ns
s
OF NORTH
'1�Y
Yl`� tt o
O
v �
�i,9SSACHU5E�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
MEMORANDUM
T0: TOWN- COUNSEL - D. SCALISE
FROM: BOARD OF APPEALS, Frank Serio, Jr. , Chairman
RE: ANGUS REALTY TRUST, 1077 Osgood St
BUILDING PERMIT FOR RETAINING WALL
DATE: May 7, 1987
We 'a re attaching copies of corresp.ondence received from Randazzo & Randazzo, Attorneys
for Mr. F. J. Ragonese, an abutter to the Angus Realty Trust property.
We would appreciate your going over the complete information provided, and giving us
your opinion as to the legal aspects of this matter. We have attached the old and
the new plans for your inspection.
If you need any further information, please call 683-7105. Thank you.
I
I
/awt
OF i�O RTM qti
i Eta- L
Y fp� Y r
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
May 7, 1987
Randazzo & Randazzo, Attorney at Law
87 Summer Street
Lawrence, MA 01840
Attention: Anthony J. Randazzo, Jr.
Re: Building Permit for Retaining Wall
1077 Osgood Street
Augus Realty Trust
Dear Mr. Randazzo:
With reference to your letter of May 5, 1987, we have forwarded all the
pertinent information to the Town Counsel for his advise on this matter,
regarding the issuance of a building permit by the Building Inspector.
As soon as we hear from our Town Counsel regarding this matter, you will
be notified. The Town of North Andover is represented by Attorney D.
Scalise and Attorney P. Shaheen, 89 Main Street, North Andover, MA 01845
Sincerely,
BOARD OF APPEALS
rank gerio, J .
Chairman
/awt
cc, Town Counsel
of Non T{,,
OFFICES OF: or' °M Town Of 120 Main Street
North Andover,
APPEALS ':: NORTH ANDOVER BUILDING ;'_:. y Massachusetts 01845
CONSERVATION ' cHu,s DIVISION OF (617)685-4775
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
May 12, 1987
TO: Conservation Commission
FROM: Nancy J. Sullivan
SUBJ: Butcher Boy Pumping Station - DEQE #242-399
Dear Members of the Commission:
On May 8, 1987, I conducted a site visit with Mr. William Hmurciak
to review the submitted plans and to address the concerns of the Conserva-
tion Commission, most notably the siting of the pumping station.
Mr. Hmurciak indicated that it would be possible to site the pumping
station in a more westerly location. My comments for this proposal are
as follows:
1. The existing site plans incorporates a manhole which "
would serve as an access point for residents in the
immediate area, the extension for which must pass
through a bordering vegetated wetland.
2. The proposed westerly site would not require dis-
turbance of the bordering vegetated wetland.
3. The westerly site would be located 30-40' further
away from an existing culvert which exits into
Lake Cochichewick than the submitted site plan.
4. The existing elevation for the proposed westerly
site would necessitate increased excavation
activity for site development.
The concerns of the Conservation Commission should be directed towards
the. impact of disturbance of the exisiting bordering vegetated wetland and
potential erosion into Lake Cochichewick due to site development required
for the submitted site plan versus no impact to the bordering vegetated wetland
and potential erosion into Lake Cochichewick caused by a substantial increase
in excavation required for site development for the westerly site proposal.
I am of the opinion that the westerly site proposal has more potential
impact upon Lake Cochichewick and would not recommend consideration of such.
The submitted site plans adequately address the interests of the Wetlands
Protection Act and Town Bylaw.
Page 2
SUBJ: Butcher Boy Pumping Station - DEQE #242-399
If you have any questions, please feel free to call me.
Sincerely,
1
NORTH ANDOVER 'CONS VATION COMMISSION
I
Nancy J. Sul 'van
Conservation Administrator
(Tel. #683-7105)
i
C: Planning Board
Bill Hmurciak
Ben Osgood
NJS/mlb
DISTRICT #'S OFFICE
488 MAPLE STREET, DANVERS 01023
No.. Andover
'Butcher Boy Project
September' 3, 1987
Mr. Anthony Lally
:100'.Belmont Street
No.. Andover, Massachusetts 018'45'
Dear Mr. Lally:
The 'submitted concept of the proposed roadway revisions to.Route 125,'
showing the new entrance to the Butcher Boy project, received on
September 2, 1'987, is acceptable, to be incorporated in the Environ-
mental Impact .Report. We would expect however that refined details
of the concept would be 'submitted in the .Permit Application. Incident-
ally, the District has not .received application for the 'outlet drainage
system crossing 'our State highway.
Very truly yours,
Arthur J D yle, Jr. , P.E.
District ighway Engineer
JD 1 A/mf c
M. Anthony Lally Associates
Consulting Enuironmental Engineers M.Anthony Lally,P.E.
100 Belmont Street North Andover, Massachusetts 01845 Tel. (617) 688-1763
September 25, 1987
Mr . Steve Madaus
No. Andover Planning Board
Town Hall
No . Andover, MA 01845
Re: Draft Environmental Impact Report, Butcher Boy Mall
Dear Mr . Madaus:
Enclosed as requested is a copy of the Draft Environmental Impact
Report for the referenced project.
Please do not hesitate to contact this office if you have any "!
questions or request additional information regarding this matter .
Very truly yours,
M. ANTHONY LALLY ASSOCIATES
M. Anthony Lally, P . E .
MAL/j1
Enclosure
I
i
Water 0 Wastewater 0 Solid Waste 0 Site Development
°F Nonrs,
OFFICES OF:OF: TOWn Of 120 Main Street
o °m
APPEALS : a - NORTH North Andover,
BUILDING ;,' �" Massachusc�its 1)1845
CONSERVATION QQgCHue DIVISION OF ((317)685-4775
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
September 28 , 1987
Jollene Dubner
Executive Office of Environmental
Affairs
100 Cambridge Street
Boston, MA 02202
RE: EOEA No. 6449 draft, Butcher Boy Mall
Dear Ms. Dubner :
I Have reviewed the above cited application and have the
following concerns;
(1) Please require the centerlines of Clark Street and
the new access drive to the mall to line up, thus
creating a 4 way intersection. The 120' seperation
between Clark Street and the drive is not sufficent
to provide safe turning movements. In addition the
queue space for cars waiting to make a left turn
into the mall, will block northbound traffic at-
tempting to make a left turn onto Clark Street.
(2) Please require acceleration lanes for the access
drive into the mall . By moving the access further
north as requested above, would allow the decelerat-
ion lane to be placed away from merging traffic or-
iginating from Great Pond Road.
(3) Please require a larger access drive into the mall
to allow easy access for trucks serving the mall .
A larger driveway would also allow people leaving
the mall to queue up to make both left and right
turns onto Route 125 . The existing 22' wide drive
will not allow cars to make easy turns.
This project will place additional traffic on a roadway
already experiencing heavy peak traffic volumes. I be-
lieve the plan as shown presents some very real and
significant public safety concerns and for that reason
I have requested the town' s Fire and Police Departments
to respond to this proposal. If you have any questions
regarding this letter please feel free to call me.
Sincerely,
Scott A. Stocking, AICP
-- _-- e��2P/ r� U(�/e/v�GCOacccf�.uuru-�✓
DISTRICT #3 OFFICE
I "S MAPLE STREET. DANVERS 01923
PerTmits ® North Andover
Butcher Boy Mall
November 61 1987
Kenneth Yameen, President '
Angus Realty Trust •
1077 Osgood Street
North Andover, Mass. 01845
Dear Mr. Yameen:
It a, r-- to our attention that you may be planning to discontinue your review
process requiring coapliance with the Massachusetts Er,�i�`'onr.�ntaliwcy Act: M.G.L.
C. 301 SS61 through,62 H, inclusive.
Failure to obtain MEPA approval will result in denial of permits by this Department
for access to State Highway Ply•
Please be advised that a new permi t will be required if any of the following occur•
1. Discharge of stornwater runoff from private property Onto State Highway
property either by Piping or surface runoff.*
2. A change in a Mwercial develcprmt resulting in an increase of 1000 Or
more vehicle trips per day..
3. A change in a = ercial development which would result In the gross interior
m ve
space exceeding 25,000 square feet.
4. A change resulting in the creation of 200 or more parking spaces-
This criteria has been established so as to protect the motoring public from inadequate
means of access. . one-of the most significant contributors to inadequate access is the Originally issued.
increased development of a .project above that for which the Permit
The danger and liability created when stornwater runoff is dumped onto a highway, e-rPe-
cially under freezing conditions, is obvious. We have noted that the North Andover '
Appeals has issued a condition (No. 9) requiring You to direct your drainage
t� .of
il+,
:L,,
s on Osgood Street" without requesting prior permission from this
`�1r°`.%g mot" � to file a request for a permit for any stormwater runoff
Depa.rtmnent. We will expect you
directed toward the state highway.
The proposed increased.
e present location of your access drive will not be adequate for the
project size due to severe traffic conflicts.
(oont)
_ .,. _ ::LLF�IF�'!',lL1Rtt, .+++�:.rnc:r��,c.»iw,;: aa�nn��tipt�....!rnn.,�•er^.r^rnv�!�l;",.�;•,a.:.}en•:* *ct++r�.�t,.*orA ,•;
L. . .Y lJc.r i
Rec=ren ations have been made to your engineer, M. Anthony Lally Associates, as to
how best to improve your access while'simultaneously .protecting your patrons and
the motorists using Osgood Street, Great Pond Road, and Clark Street.
If you are still Planning to proceed with this project, please conclude the MA
process so that we may legally issue a new permit.
Please be aware that any work done on 'state land without a permit is in violation
of the law and could also subject you to closure of your access.
V y yours, '
At
Arthur J., e, Jr .E:
District way Eng'
D-Wfk
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617 686-61,,
November 18 , 1987
Arthur J. Doyle, Jr. , P.E.
District Highway Engineer
The Commonwealth of Massachusetts
Department of Public Works
District #5 Office
485 Maple Street
Danvers , Massachusetts 01923
Re : Butcher Boy property, North Andover
Dear Mr. Doyle:
Please be advised that this office represents Kenneth
Yameen and Angus Realty Corporation relative to your letter
of November 6 , 1987 .
We wish to advise you that our clients have no intention
to discontinue any review process requiring compliance
with the Massachusetts Environmental Act. We request you
inform us as to the basis for your making that assertion
in your letter.
To further reply to your letter, we ask you to clarify
the basis for your references to changes in this project .
Our clients intend to meet all requirements for the issuance
of permits and, to our knowledge, have provided full and
accurate information for this purpose as it has been requested .
We look forward to your cooperation in the successful
completion of this project.
Very truly yours ,
r.
Thomas F. Caffrey
TFC :mlm
CC : Ms . Karen Nelson, Building Department � � �
Mr. Kenneth Wm. Yameen �s.,,: `"
Mr. Archibald D. MacLaren
Frank Serio, Chairman Zoning Board of Appeals
` • • .. OF NoHiH,
Orrlc;t ,,c�I F� ....... G Town of I2() nl<fllI slwc�l
APPEALS � NOIZ'I'1-I ANDOVER NOr111AII(I(>�cr.
IWILDIN(i ;� °';a:' 49 h1F)SSI('I1lISCl1S O I f�4ii
CONSERVATION s9 "SSE. I)I%'ISION(W (G 17)G85-4775
I IFAIAl I
PLANNING PLANNING & COMMUNITY DEVELOPNIEN'F
KAI(L?N 11.11. NELSON, tJlltl;(;ft)It
December 14 , 1987
Mr. Thomas F. Caffrey
300 Essex Street
Lawrence , MA 01840
Dear Mr. Caffrey:
Upon our meeting on December 8 , 1987 with you and
representatives of Angus Realty and after reviewing the site
plans submitted by Maclaren Associates dated 3/1/85 and 2/3/87
to the Board of Appeals of North Andover , I have reached the
following conclusions :
1 . The site plan dated 3/1/85 contains a total net
building area of 23 , 496 square feet all located
within a single story. The plan also provided
200 parking spaces .
2 . The site plan dated 2/3/87 contains a total net
building area of 49 , 164 square feet located within
2 floors . The plans also provides for 229 parking
spaces.
3 . The site plan dated 3/1/85 shows the new curb cut
located 120 ' from the radius return of the existing
curb cut . The site plan dated 2/3/87 shows the
new curb cut 195 ' away from the existing curb cut.
4 . A substantial alteration in the design of the parking
lot has occurred between the two site plans with
regards to layout and internal circulation of
vehicules within the site .
Based upon the above conclusions, it is my opinion that
the original site plan, dated 3/1/85 , has been substantially
changed when compared to the new site plan dated 2/3/87 which
was last submitted to the Town' s Board of Appeals for review
and approved in their decision.
Upon meeting with Town Counsel, we are in agreement that
the site plan dated 2/3/87 is in fact a different site plan not
grandfathered under the Town' s Bylaws as they existed in 3/1/85
when the site plan was originally submitted to the Town for review.
Therefore, your development falls within the jurisdiction of
Section 8 . 3 (Site Plan Review) of the Zoning BYlaw and you must
submit a site plan to the Planning Board for approval prior
to any additional building permits being granted for this
project. I would also strongly suggest that you immediately
reapply to MEPA for this project concurrently with the Town' s
Site Plan Review process . The Town requests this action in
order to have available , the Traffic Impact Study submitted
with materials required for a MEPA filing for review and input
to the Commonwealth .
Page 2:
If you disagree with my conclusions outlined in this
letter please submit additional information which would
clarify this matter before me .
This project has been before the Town for years, and it
is very difficult to get a grip on what material was submitted
to the Town' s Boards.
I am available to discuss the issues contained in this
letter, as well as working on your site plan submittal to the
Planning Board. I look forward to working with you and members
of your development team in the future in order to provide the
Town with a well designed, first class commercial development.
Sincerely,
Scott A. Stocking, ICP
Town Planner
SAS : jle
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gfiomai 9. Caffzzq '
Ato,&nF_y at —Paw, -7. "
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17�xomas �3. Gra ffsey -P.O. Box 1317
300 E11— eSEzEeE, _Paw%znce, Aa 018¢2
617 686-6r5r
December 28 , 1987
Karen H.P. Nelson, Director
Town of North Andover
Division of Planning and
Community Development
120 Main Street
i
North Andover, MA 01845
In Re: Angus Realty Corporation
1
Dear Ms . Nelson:
This will confirm our appointment at your office January
6 , 1988 at 2 :30 P.M.
We have requested this conference to see if the questions {
centering on site plan review requirements can be resolved.
We take exception to the conclusions reached by Mr. Stocking
in his letter dated December 14 , 1987 .
Your suggestion that Town Counsel be present at the
conference is helpful and may serve to resolve the matter
finally.
Very truly yours,
Thomas F. C ffr
TFC:ces
CC : K. Yameen
A. Maclaren
S. Stocking