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HomeMy WebLinkAboutMESITI, ANTHONY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands 242-1467 WPA Form 5 Order of Conditions MassDEPFile# Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTrans-action# North Andover City/Town A. General Information Important: North Andover When filling 1. From: out forms Conservation Commission n the This issuance computer, 2 (check one) is for a.®Order of Conditions b. Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do Ernie Gralia, Ili not use the a.First Name b.Last Name return key. Elm Development Services c.Organization 200 North Main Street d.Mailing Address East Longmeadow MA 01028 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Anthony Mesiti a. First Name b.Last Name Boston Hill Development, LLC c.Organization 100 Andover By-Pass, Suite 300 d.Mailing Address North Andover MA 01845 e.City/Town f.State g.Zip Code 5. Project Location: 1275 Turnpike Street North Andover a.Street Address b.City/Town Map 107A Parcels 179, 283 &284 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: N42d47'm08"s E71 d0TmW s d. Latitude e.Longitude wpaform5.doc• rev 12/23/09 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEP File# Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information (cont.) s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate Number(if registered land) 4932 127 c.Book d.Page 11/20/09 4/14/10 4/16/10 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Special Permit Plan, Notice of Intent Plan, and Stormwater Pollution Prevention Plan - Sheets 1-19 (sheet 13 superseded by Stormwater Pollution Prevention and Construction Marchionda&Associates, L. P. Paul A. Marchionda, P. E., Stephen M. b.Prepared By Melescivc, R. P. L. S. March 3, 2010 lit=40' d.Final Revision Date e.Scale Stormwater Pollution Prevention and Construction Sequencing March 29, 2010 Plan -Sheets 1-8 g.Date B. Findings i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. Z Private Water Supply e. ® Fisheries f. ® Protection of Wildlife g. ® Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® 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 of Intent 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. wpaform5.doc• rev.12/23/09 Page 2 of 12 it Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEPFile# LL11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# North Andover City1rown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the 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 sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 340 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone impacts: Shortest distance between limit of project a.linearfeet disturbance and Bank or Bordering Vegetated Wetland boundary (if available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. ® Bordering 1,100 1,100 5,500 5,500 Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ Bordering Land Subject to.Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8. ❑ 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 feet wpaform5.doc• rev.12/23/09 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover Cityrrown B. Findings (cont.) Resource Area - Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 9. ❑ Riverfront Area a.total sq.feet b.total sq.tees Sq ft within 100 ft c.square feet d:square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply (For below. Approvals Onl PP Y) 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.cly dredged d.cy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beachescu yd cu yd a.square feet b.square feet c.nourishment d. nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square Leet c.nourishment d.nourishment 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cty dredged d.Gy dredged 1g. ❑ Land Containing Shellfish a.square feet b.square feet c.squarefeet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cly dredged b.Gy dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.12/23/09 Page 4 of 12 Massachusetts Department of Environmental Protection Prodded by MassDEP: LlBureau of Resource Protection - Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTrans-action# North Andover City/Town B. Findings (cont.) 22. ® Restoration/Enhancement: 5,500 of BVW& 12,000 bufferzone enhancement b.square feet of salt marsh 23. ❑ Stream Crossing(s): a. number of new stream crossings b.number of replacement 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 statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges, it does not authorize any injury to private property or invasion of private rights. 3. 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, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been.extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. 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 of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. I wpaform5.doc- rev.12/23/09 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 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 the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon whichhe t proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which formu m st be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 242-1467 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and' hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) 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#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall 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 P 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 to any successor in interest or successor in control of the 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 Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. wpaform5.doc• rev.12/23109 Page 6W12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEPHe# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. Duringconstruction, the applicant or his/her designee 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 at 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 barriers 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 (i)® is not(2)❑ subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: J a) All work, including site preparation, land disturbance,construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control tan and if p , i� applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides Certification that: i. 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 stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; /i. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they� ey are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. wpaform5.doc• rev.12123/09 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until 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 party(defined in General Condition 18(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Pian ("O&M Plan")and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Pian. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. vvpaform5.doc- rev.12/23/09 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEP File# \ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall 1. Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material 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 of the 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 contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater,management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the 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 of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document': wpaform5.doc• rev.12/23/09 Page 9 of 12 I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw Chapter 178 1. Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See Attached wpaform5.doc• rev.12/23/09 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: �_ Bureau of Resource Protection -Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEP File# Z� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. 1.Date of issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically, and the property owner, if different from applicant. Signatures. ❑ by hand delivery on by certified mail, return receipt Zn , ted o Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance 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, if he/she is not the appellant. Any appellants seeking to appeal the Department's 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 of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts setts Wetlands Protection Act (M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc- rev.12/23/09 Page i 1 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1467 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town G. Recording Information This Order of Conditions must be 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 subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below, North Andover Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 1275 Turnpike Street 242-1467 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page- for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.12/23/09 Page 12 of 12 DEP FILE#242 - 1467 Findings • This Order is issued under File No. 242-1467. Previous Orders of Conditions were issued for this site under DEP File No. 242-1376 and 242-1099. Certain record documents previously submitted may still be considered relevant to this filing, including but not limited to, Natural Heritage and Endangered Species Program recommendations and review, drainage calculations and reports and stormwater management reviews. • The Town Planner, the Conservation Administrator and Project Engineer Paul Marchionda attended a site visit by MEPA analyst Purvi Patel. MEPA review was triggered by proposed changes to the Conservation Restriction previously approved on the site. • The North Andover Conservation Commission (NACC) agrees that the project is exempt from the regulations of the Rivers Protection Act as the applicant prepared and submitted on or before November 1, 1996 a draft environmental impact report pursuant to MEPA, MGL c.30 s.62B. • A Conservation Restriction dated June 13, 2006 from Boston Hill Development, LLC to the Town of North Andover was recorded with the Essex North Registry of Deeds in Book 10282, Page 272 on 18.74 acres of the property. • At the May 2009 Annual Town Meeting, North Andover approved proposed changes to the Boston Hill Conservation Restriction increasing the area of the restriction form 18.74 to 25.14 acres. At the time the hearing closed on April 14, 2010, the Massachusetts Legislature had not yet vote on the change. s resource areas on site were re-delineated by Seekamp Environmental on January 14, 2010. The revised wetland line was presented to the North Andover Conservation Commission (NACC) at the public hearing on January 27, 2010. • As a result of the re-delineation of'the site, the proposed project design will now alter approximately 1,100 s.f. of Bordering Vegetated Wetland (BVD and will now require waivers of the North Andover Wetland Protection By-law 25-foot No-Disturbance Zone and 50-foot No-Build Zone. • At the January 27, 2010 meeting of the NACC,Seekamp Environmental Consulting, Inc presents an Alternatives Analysis, on behalf of the applicant, seeking to keep the proposed development the same and alter 1,100 s.f. of BVW. • At the February 24, 2010 Seekamp Environmental Consulting, Inc presents a Wetland and Buffer Zone Mitigation Plan. • Stormwater Management on the site was reviewed by Lisa Eggleston for both the Planning Board and the Conservation Commission. • The public hearing was closed on April 14, 2010. 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 242-1467,1275 Turnpike St,Boston Hill Final.doc 1 NACC 4/15/2010 DEP FILE#242 - 1467 GENERAL CONDITIONS 19. The proposed work includes: The construction of a 125 unit Continuing Care Retirement Center with associated grading, parking, retaining wall, utilities, and landscaping. The project also includes a slope retention system (outside jurisdiction), stormwater management system,buffer zone enhancement and wetland replication. All work is proposed on the site of the former Boston Ski Hill at 1275 Turnpike Street, Map 107A Lots 179, 283 and 284. Portions of the work are within Bordering Vegetated Wetland (BVW) the 100-foot Buffer Zone to BVW and Inland Bank. The project will permanently alter 1,100 s.f. of Bordering Vegetated Wetland. 20. The work shall conform to the following: Applicant: Ernie Gralia, III Elm Development Services 200 North Main Street East Longmeadow, MA 01028 Property Owner: Anothony Mesiti Boston Hill Development,LLC 100 Andover By-Pass,Suite 300 North Andover, MA 01845 Representative: Paul Marchionda Marchionda &Associates, L.P. 62 Montvale Avenue Stoneham, MA 02180 Notice of Intent Filed by: Marchionda & Associates, L.P. Date filed: November 20, 2009 Site Plans prepared by: Marchionda &Associates. Stampeded by: Paul A. Marchionda Record Plans: "Special Permits Plan, Notice of Intent Plan, and Stormwater Pollution Prevention and Construction Sequence Plan for The Arbors at North Andover, North Andover,MA Sheets 1 - 19 (sheet 13 superseded by Stormwater Pollution Prevention and Construction Sequencing Plan) Dated November 12,2009 and last revised March 3, 2010 242-1467,1275 Turnpike St,Boston Hill Final.doc 2 NACC 4/15/2010 DEP FILE #242 - 1467 "Stormwater Pollution Prevention and Construction Sequence Plan for The Arbors at North Andover, North Andover, MA",Sheets 1 8 Dated March 19, 2010 and revised March 29, 2010 p g Record Documents: Drainage Report for The Arbors at North Andover i Including : Long-Term Stormwater Operation and Maintenance Plan&Pollution Prevention Plan North Andover, Massachusetts Prepared by: Marchionda &Associates, LP Date: November 12,2009 and Revised: February 15,2010 Wetland and Buffer Zone Mitigation Plan Prepared by: Seekamp Environmental Consulting, Inc. 129 Route 125, Kingston, NH 03848 Date: February 15, 2010 Alternatives Analysis of the Proposed Development of The Arbors at North Andover 1275 Turnpike Street North Andover, Massachusetts Prepared by: Seekamp Environmental Consulting, Inc. Date: ianuary 20,2010 Erosion and Sedimentation Control Plan The Arbors at North Andover 1275 Turnpike Street North Andover, MA Dated: March 19,2010 Letter from Division of Fisheries &Wildlife NHESP No.: 06-21032 Dated: February 9,2009 and December 2, 2009 Peer Review Letters Letters from Lisa D. Eggleston, P.E. Eggleston Environmental Dated: December 10, 2009;February 24, 2010; and March 2, 2010 Subject: Stormwater Management Review 'I The Arbors at North Andover-Special Permit Application Email with attachments from Paul Marchionda Marchionda & Associates, Dated: February 25, 2010 Subject: Boston Hill CCRC 242-1467.1275 Turnpike St,Boston Hill Final.doc 3 NACC 4/15/2010 DEP FILE#242- 1467 Email from Lisa Eggleston Dated Monday, April 12, 2010 Subject: Boston Hill Other Record Documents: Letter from Paul A. Marchionda,PE Dated: March 31, 2010 RE: Boston Hill, CCRC,Construction Sequencing, DEP File #242-1467 21. 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, g supP ortin 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. 22. 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. 23. 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. . 24. 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. 25. 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. 26. The work authorized hereunder shall be completed within three years from the date of this order. 27. 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 242-1467,1275 Turnpike St,Boston Hill Final.doe 4 NACC 4/15/2010 DEP FILE#242 - 1461 days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 28. The NACC reserves the right to amend this Order of Conditions after a legally advertised public p hearing if plans or circumstances are changed or if new conditions or information so warrant. 29. 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. 30. 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). 31. The following wetland resource areas are affected by the proposed work: Bordering Vegetated Wetland (BVW), and Buffer Zone to BVW and Inland Bank associated with Boston Brook (exempt from Riverfront—see findings above). These resource areas are 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. 32. The NACC agrees with the applicant's delineation of the wetland resource area: AA1- A A10 connects to A5-A13 connects to BB1-BB9 connects to A29-A32 connects to DD1-DD5 connects to A36-A39; A14 connects to CC1-CC5 connects to A26-A14. Flags 1B-12B;1E- 5E; 1F-6F; were delineated more than 3 years ago. These areas shall be re-flagged and confirmed in the field prior to the start of construction. 33. 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. In 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 except as follows: Waiver of 50' No-Construction Zone and of 25' No-Disturbance Zone granted for portions of a retaining wall,paved parking area and stormwater management structures. 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. 34. The NACC hereby accepts the alternative analysis and approves the proposed wetland resource area alteration (approximately 1,100 s.f. of Bordering Vegetated Wetland) provided that mitigation/restoration of these disturbed areas are conducted in accordance with the approved Wetland and Buffer Zone Mitigation Plan referenced herein. 35. The NACC finds the applicant's proposal for 5,500 sq. ft. of wetland mitigation and 12,000 s.f. of buffer zone restoration/planting to be adequate as proposed in the Wetland and 242-1467,1275 Turnpike St,Boston Hill Final.doe 5 NACC 4/15/2010 DEP FILE#242 - 1467 Buffer Zone Mitigation Plan. All mitigation and replication shall comply with the plan and with the Replication Standards established in Section 6.0 of the North Andover Wetlands Protection Regulations. 36. A qualified wetland scientist shall monitor the restoration areas for TWO consecutive growing seasons (May and October for two years) following construction of said restoration areas as required by Section 6.1 of the NA Wetlands Protection Regulations. At the end of each seasonal inspection, a progress report and photographs shall be prepared and submitted to the Conservation Department that describes the survivability, health and vigor of the restoration areas. A total of FOUR separate monitoring reports shall be submitted over a er ear two- period. If a y p t the end of the first growing season, overall success of restoration activities is not achieved, the NACC reserves the rights to require additional mitigation measures. Mitigation and replication shall be deemed successful when at least 75%0 of the surface of the replacement area is established with indigenous species. 37. 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 conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 38. 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 39. 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. 40. 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 242-1467,1275 Turnpike St,Boston Hill Final.doc 6 NACC 4/15/2010 DEP FILE #242 - 1467 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. 41. Prior to the start of construction, the owner shall obtain a Certificate of Compliance for any outstanding Orders of Conditions on the property. 42. The Conservation Restriction on the Open Space as referenced in"Findings" above must be approved and recorded at the Registry of Deeds. A copy of the recorded restriction must be provided to the Conservation Department. 43. A management plan consistent with the recommendations of NHESP in the above referenced letters shall be submitted to NHESP and the NACC for approval. 44. 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 242-1459." 45. 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 (S '�'1'PP). 46. 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 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. 47. 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. 48. Prior to anwork commencing on site,.the applicant shall submit to the NACC for Y g PP 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, parking lot infrastructure, phasing associated with the development, the construction of the associated stormwater management structures, landscaping activities, and required mitigation/restoration areas. This timetable must continue to be updated monthly throughout the project. 242-1467,1275 Turnpike St.Boston Hill Final.doc 7 NACC 4/15/2010 DEP FILE#242 - 1467 49. 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. 50. A row of staked ha bales backed b trenched siltation fence and all other necessary � Y Y ( 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 Stormwater Pollution Prevention and Construction Sequencing Plans 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 frons 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. 51. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling,a minimum of 50 hay bales and sufficient stakes for staking these bales,150 feet of silt fence, and an adequate supply of emergency erosion controls including crushed stone, silt sacks, flock blocks,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 Y g cY P the normal control of erosion. 52. A check payable to the Town of North Andover shall be provided in the amount of $52,500 (Parking lot, stormwater, &infrastructure - $36,000; Restoration/Mitigation- $16,500 ($3/s.f.), 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 242-1467,1275 Turnpike St,Boston Hill Final.doc 8 NACC 4/15/2010 DEP FILE 4 242 - 1467 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. 53. The applicant shall designate a Wetland Scientist or other environmental professional as approved by the NACC or its agent, as an "Erosion Control Monitor 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. 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 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 wPekly basis and that they are functioning as intended. in addition, all wetland 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 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 54. Prior to construction (or when suitable locations can be confirmed with the Conservation Department), the applicant shall permanently mark the edge of the "25' No-Disturbance Zone" and the edge of the retaining wall with signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. 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. 55. Prior to the commencement of any work on site, the limit of work shall be marked with construction fencing per the approved plans referenced herein. 56. 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 242-1467,1275 Turnpike St,Boston Hill Final.doc 9 NACC 4/15/2010 I DEP FILE #242 - 1467 "Compliance Certification Form" 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. 57. 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 dealingwith the work proposed and shall rr 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). 11STORMWATER MANAGEMENT CONDITIONS 58. 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 Long-Term Stormwater Operation and Maintenance Plan attached herein. 59. Permanent and temporary stormwater structures shall be constructed and functioning as part of the initial project phase as detailed in the Stormwater Pollution Prevention and Construction Sequencing Plans (Sheets 1-8), immediately following clearing of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. Stormwater structures in the initial phases shall be cleaned and maintained as future phases are initiated. 60. All stormwater best management practices shall be maintained as specified in the Pollution Prevention Plan and the Stormwater Pollution Prevention and Construction Sequencing Plans submitted with the Notice of Intent and incorporated in the Order of Conditions. The approved Long-Term Stormwater Operation&Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 242-1467,1275 Turnpike St,Boston Hill Final.doc 10 NACC 4/15/2010 DEP FILE#242 - 1467 61. 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. 62. 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. 63. 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. 64. Water quality down gradient of BVW 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. 65. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Long-Term Stormwater Operation &Maintenance Plan attached herein and the associated stormwater management conditions mandated herein. 66. 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 67. Upon beginning work, the applicant shall submit written weekly progress detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 242-1467.1275 Turnpike St_Boston Hill Final.doc 11 NACC 4/15/2010 DEP FILE #242 - 1467 68. Construction sequencing shall be followed throughout all phases of construction as detailed in the Pollution Prevention Plan and the Stormwater Pollution Prevention and Construction Sequencing Plan (sheets 1-8), thereby minimizing any unnecessary impacts to the wetland resource areas. 69. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 70. 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. 71. If ec ' upon visual ins p p tion,sediment laden water is found leaving the site, the applicant/owner shall be required to conduct weekly turbidity testing at the point of discharge from the temporary stormwater system to resource areas. Turbidity shall not exceed 280 NTU (nephelometric turbidity units). Readings in excess of 280 NTU is considered a violation. Test results obtained during a >2year event do not apply. Testing shall continue during construction until consecutive readings are under 280 NTU for a period of one month. 72. Immediately upon completion of the replication area, retaining wall and 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 these areas or structures and their proximity to wetland resource areas as approved under this Order of Conditions. Said plans shall be submitted to the Conservation Administrator for approval. I 73. Crushed stone construction entrances shall be designated at each access location as shown on the approved plans referenced herein to minimize soil/material tracking onto the � roadways and paved surfaces. Additional construction entrance measures during n the soil remediation phase are detailed in the Soil Management Plan: Revision No. 3. These entrances shall be reinforced and cleaned as necessary throughout the duration of construction. 74. 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 75. Additional erosion controls shall be placed between the wetland resource areas and the areas to be restored. Erosion controls shall be positioned outside of said restoration areas and shall be located to minimize disturbance to adjacent jurisdictional areas. 76. 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 242-1467,1275 Turnpike St,Boston Hill Final.doc 12 NACC 4/15/2010 DEP FILE #242 - 1467 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. 77. 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. 78. The sewer lines on the site,where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 79. 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 P mned water to be contained in a settling basin, to reduce turbidity prior to discharge r ---- r - into a resource area. 80. Associated pavement and roadways shall be swept at least 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. 81. 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. 82. 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. 83. 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. 242-1467,1275 Turnpike St,Boston Hill Final.doc 13 NACC 4/15/2010 DEP FILE #242 - 1467 84. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. 85.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. 86. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. 87. 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. 88. 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 89. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of an wetland resource area. This condition shall survive this Y Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 90. Prior to the issuance of a Certificate of Compliance, the applicant must submit proof of contract to the Conservation 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 Long-Term Stormwater Operation&Maintenance Plan 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 Long-Term Stormwater Operation &Maintenance Plan and other perpetual conditions mandated in this Order. 242-1467,1275 Turnpike St,Boston Hill Final.doc 14 NACC 4/15/2010 DEP FILE#242 - 1467 91. 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. 92. 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 Town's Wetland Protection ByLaw and shall remain in perpetuity. 93. 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. 94. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 95. 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. 96. 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 name 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. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. 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: 242-1467,1275 Turnpike St.Boston Hill Final.doc 15 NACC 4/15/2010 DEP FILE#242 - 1467 ➢ "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 a_y disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 97. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ A No-Disturbance Zone shall be established from the edge of adjacent wetland resource areas as approved under DEP # 242-1467. Future work within 100' 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#54); ➢ 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 blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #65); ➢ All catch basins shall contain oil/gasoline traps and shall be maintained (Condition#77); ➢ Discharge or spillage of pollutants (Condition#88); ➢ Prohibition of underground fuels (Condition #89); 242-1467,1275 Turnpike St,Boston Hill Final.doc 16 NACC 4/15/2010 DEP FILE#242 - 1467 ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #91 & #92); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #93); ➢ 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#90). 242-1467,1275 Turnpike St.Boston Hill Final.doc 17 NACC 4/15/2010 DEP FILE #242 - 1467 APPENDIX A -AFFIDAVIT I, 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 (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 1 am 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 I 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 saidpropertywh ich 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) 242-1467,1275 Turnpike St,Boston Hill Final.doc 18 NACC 4/15/2010 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1376 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Boston Hill, LLC c/o Mesiti Development Cor oration computer, use Name only the tab key to move 100 Andover-By-Pass, Suite 300 your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code 2. Property Owner(if different): Name retran Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: January 25, 2007 Date for work at: 1275 Turnpike Street Map 107A& 107C Parcels 149 & Street Address Assessor's Map/Plat Number 10 Parcel/Lot Number recorded at the Registry of Deeds for: Essex North 11346 233 County Book Page Certificate(if registered land) is hereby extended until January 25, 2011 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: North Andover 6� Conservation Commission Date wpaform7.doc•rev.1/07 Page 1 of 4. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP He Number: WPA Form 7 — Extension Permit for Orders of Conditions � 242-1376 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office(see http://www.mass.aov/deD/about/region/findvour.htm). Signat es: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this 5-t-/, of Aevento Qa!7 Day Month Year Before me, the undersigned Notary Public, personally appeared John Mabon, Name of Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover CitylTown Conservation Commission DONNA M.WEDGE Signature of Nota Public COMONUMOFMASSACHUSEM NOTARY 9 Notary PUBLIC My 0WM E�Ye J*15.2015 Printed Name of Notary Public iso Place notary seal and/or any stamp above / , My c mmis on expires(Date) wpaformZdoc•rev.1107 Page 2 of 4 Massachusetts Department of Environmental Protection WPA Form of Resource Protection - Wetlands DEP File Number: orm 7 Extension Permit for Orders of Conditions 242-1376 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 1275 Turnpike Street 242-1376 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 in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7.doc•rev.1/07 Page 3 of 4 f OR7!{ p � LVED Town of North Andover ti Office of the Planning Departm APR ,7 PM 4: 13Community Development and Services Division �'9s RATlD "�q9 1600 Osgood Street p p� SACHUgE NIOR 71} f C la€s t 4 North Andover, Massachusetts 01845 NA r r H A I , 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: April 6,2010 Date of Hearings: December 15, 2009,February 2, 2010,March 2, 2010 and March 16,2010 Date of Decision: April 6,2010 Petition of: Boston Hill Continued Care Retirement Center, 1275 Turnpike Street, North Andover,MA 01845 Premises Affected: 1275 Turnpike Street Street, North Andover Assessors Maps 107A, Parcels 149,283 and 284. Referring to the above petition for a Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, 10.31,-13 and MGL C.40A, Sec. 9 So as to allow the construction of a 125 unit Continuing Care Retirement Center, with associated, grading, parking, utilities, landscaping, in within the Village Residential (V-R) Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE a SITE PLAN SPECIAL PERMIT and CCRC SPECIAL PERMIT based upon the following conditions: /Y 71 orth Andover Tanning Board ohn Simons, C airman Richard Rowen Tim Seibert Courtney LaVolpicelo Michael Colantoni,alternate The Planning Board herein approves the Site Plan Review Special Permit for the construction of a 125 unit Continuing Care Retirement Center, with associated, grading, parking, utilities, landscaping and other improvements as shown on the "Plans" as defined below. The project is located in the Village Residential.(V-R) Zoning District and is located on real property shown on the North Andover Assessors Maps as Map 107A, Parcels 149, 283 and 284 consisting of {14327\65499\A0156390.1) Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 approximately 33.35 acres of land with frontage on Turnpike Street. The Site Plan Review Special Permit was requested by Elm Development Services, LLC., 200 North Main Street, Suite 204, East Longmeadow, MA 02028. This application was filed with the Planning Board on November 13, 2009. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 10.3, 10.31, 11.3, and 13 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9 During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, the Board's peer review consultants, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for.this hearing. The Planning Board makes the following findings regarding this Special Permit as required by the North Andover Zoning Bylaws Sections 8.3, 10.3, 10.31 and 13 (Site Plan Review and Continuing Care Retirement Center"CCRC")of the Zoning Bylaw: FINDINGS OF FACT: 1) The Planning Board has worked with the applicant to design the project so that it will In* imize the disturbance of the Property's steep slope and maximize the retention of natural topographic features. It is designed to minimize tree, vegetation and soil removal and grade changes, since the proposed building will be located on the base of an existing hill. The proposed use will encourage the preservation of open space and will promote more efficient use of the land in harmony with natural features. 2) The project promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, wildlife, natural vistas and the hill that is on the property. A portion of the property is subject to a permanent Conservation Restriction from the Boston Hill Development, LLC to the Town of North Andover, dated June 13 2006 and recorded with the Essex North Registry of Deeds in Book 10282, Page 272. The Conservation Restriction was placed on 18.74 acres of the property prior to the Applicant's involvement, as part of a prior CCRC project that was approved by the Planning Board in May 2002. The prior project made more intensive use of the property and showed significant intrusion into the hill. The current project is located at the base of the hill and thus allows for less intrusion into the hill and the creation of a larger parcel of Open Space. The Applicant is in the process of obtaining final approvals to reconfigure the Conservation Restriction so that the total Conservation Area is increased from 18.74 acres to 25.14 acres. 3) The specific site is an appropriate location for the project as it is located in the Village Residential (V-R) Zoning. A Continued Care Retirement Center is allowed by Special Permit in the Residential 2 District and the Village Residential District, as specified in section 13.1 of the town's Zoning Bylaw. 2 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 4) Section 13 of the Zoning Bylaw establishes a maximum number of 250 residential units in a Continuing Care Retirement Center. The proposal calls for the construction of 125 units to be located in one building, which does not detract from the livability and aesthetic qualities of the environment and which will provide for a mixture and diversity of housing stock. 5) The use as developed will not adversely affect the neighborhood as a sufficient natural buffering has been provided. The final landscape design, site design layout, and architectural elevations reflect extensive discussions between the Planning Board and applicant to minimize the visual impact and insulate the building from surrounding properties, Turnpike Street, and preserve the natural vistas. 6) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed driveway, delivery access and safety access for the construction of the building, as well as the parking lot provide for adequate internal and external traffic flow, safety, and sufficient pedestrian connections throughout the project and surrounding area. The project as proposed will have a negligible impact on external traffic volume and will not significantly degrade the level of service on Turnpike Street or the roadway network. 7) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Management Practices, and has been reviewed by the outside consulting engineers, Vanasse, Hangen Brustlin, Inc. (VHB) and Eggleston Environmental. The applicant has provided reports that demonstrate that runoff from the site will be managed so there will be minimal impacts on water bodies or,abutting properties. 8) The landscaping and parking area approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. All plantings and screening depicted on the approved plans referenced herein, shall remain in perpetuity over the life of the project. 9) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 10)Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project and has been determined acceptable by the Department of Public Works. 11)On September 8, 2009, the ZBA voted to grant a dimensional variance from section 13.5.d.1 and Footnote 1 of table 2 to allow construction of a Porte cochere within 73 feet from the perimeter of the front property line. With the exception of the porte cochere, the applicant has maintained the required 100 ft. perimeter setback, as required by section 13.5.d.1. The ZBA also voted to grant a dimensional variance from Section 13.5.d.3 for relief from the 3 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 requirements of building height from 35 feet to 49 feet, 2 inches. The variances were granted so as to preserve the natural topography of the site and to maintain the architectural style of the surrounding neighborhood. WAIVERS: The Planning Board has approved the following waivers as part of its decision: 1. Waiver of Community Impact Analysis, as required by Bylaw, section 8.3.5.e.xxiii. The Planning Board has found that the proposed facility is an acknowledged need in the community and that the development will result in an increase of open space, thus providing a benefit to the community. 2. Waiver of Fiscal Impact Analysis, as required by Bylaw section 8.3.5.e.xxii. The Planning Board has found that the proposed facility will not have an impact on school enrollment and will not negatively impact town services. The project could potentially result in an result in an increase in tax revenue since there will be minimal use of town services. 3. `waiver of Parking Requirements. Section 13.5.f of the Zoning Bylaw specifies the requirement for 1 parking space for each unit of housing. The applicant is proposing 96 parking spaces. The Planning Board grants the waiver for 29 parking spaces since they have determined that the applicant has provided sufficient information to justify the reduction in parking spaces. Finally the Planning Board finds that this project generally complies with the requirements of the Town of North Andover Zoning Bylaw, but requires conditions in order to be fully in compliance. The Planning Board hereby votes to grant the Special Permit as described in the "Plans" and other supporting information described in the public record, provided the following conditions are met: SPECIAL CONDITIONS: 1. Permit Definitions: a) The "Locus" refers a 33.35 acres of land fronting on Turnpike Street, as shown on Assessors Map 107A, Parcels 149, 283 and 284, also known as 1275 Turnpike Street, North Andover, Massachusetts. b) The "Plans" refer to the plans prepared by Marchionda and Associates, Stoneham MA 01028, entitled "Special Permits Plan, Notice of Intent Plan and Stormwater Pollution 4 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street_ Map 107A,Parcels 149,283 and 284 April 6,2010 Prevention Plan for The Arbors at North Andover" , Applicant Elm Development Services, LLC 575 East Longmeadow MA 01028, revised to March 3, 2010. The Plans also include the Architectural Plans titled "Proposed Continuing Care Retirement Center, and a "Conceptual Rendering: Assisted Porte Cochere", delivered to the Planning Board on March 16, 2010, for 1275 Turnpike Street,North Andover, MA", by archtitect Gori & Associates, 4633 1St Avenue South, Minneapolis, MN 55419. c) The "Project" or "1275 Turnpike Street" refers to the construction of a 125 unit CCRC housing development, with associated, grading, parking, utilities, landscaping, in the Village Residential (VR) district on Turnpike St., at,the location of the former Boston Hill ski area as shown on the "Plans"as defined above. d) The "Applicant" refers to Elm Development Services, LLC., the applicant for the Special Permit. e) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) Environmental Monitor: The developer shall designate an independent Environmental Monitor according to the conditions outlined in the Conservation Commission's "Order of Conditions". The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 3) Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in 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. The designated monitor may not be applicant and/or developer. The weekly inspections and monthly reports provided to the Planning Department shall include the following: a) site clearing; b) erosion control; c) drainage and detention structures; d) on-site water and sewer utilities; e) parking spaces and related pavement; f) newly constructed roadways/access ways; g) curb cuts; h) retaining walls; i) site screening, landscaping and street trees; j) site restoration; and 5 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 k) final site cleanup 4) This Special Permit shall not be transferred to a not-for-profit entity except in the event that such entity agrees in writing to pay real estate taxes on the property for so long as such entity owns the property and notwithstanding such entity's not-for-profit status. 5) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: a) The final plans must be reviewed by the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. The final plans will include an updated landscaping and parking plan that will show public parking spaces to be used by members of the general public when accessing the property's open space. The plan will also show a minimum of 74 parking spaces to be determined as follows: i. 68 Elderly Housing Independent Units @ 0.6 per unit=41 spaces ii. 57 Elderly Housing Assisted Living @ 0.4 per unit=23 spaces in. 1 parking space per 2 employees = 10 spaces, for a total of 74 parking spaces. b) A bond in the amount of forty thousand dollars ($40,000) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, newly constructed roadways/access ways, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The bond shall be in the form of a check made payable to the Town of North Andover, that will be placed in an interest bearing escrow account.. c) A Slope Stabilization Bond in the amount of one-hundred thousand dollars ($100,000) to be held by the Town of North Andover. The Slope Stabilization Bond shall be in a form of a check made payable to the Town of North Andover that will be placed into an interest bearing escrow account. These monies may be utilized by the Town to ensure the stabilization of the slopes. These monies or the balance thereof, will not be released until three years from the date of completion of slope construction. For purposes of this section, "date of completion of slope construction" shall be defined as the date that the Town's Construction Monitor certifies in writing to the Planning Board that the slopes and associated retaining walls have been constructed in accordance with approved plans and this decision. Furthermore, the Town's Construction Monitor shall not make this determination until a joint site visit has been scheduled with the Planning Board. d The Applicant, within thirty 30 days after pp rty ( ) y e this Decision becomes final, shall submit to the Planning Board for its approval an appropriate Form A Application for Approval of an ANR Plan (Approval Not Required Plan) along with an ANR Plan which shall include 6 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 one lot, thus combining all three lots now specified on Assessor's Map 107A, lotsl49, 283 and 284. No construction activities authorized by this Decision shall be commenced until the Applicant has recorded said approved ANR. e) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 6) PRIOR TO THE START OF CONSTRUCTION: a) The Conservation Restriction on the Open Space as mentioned in "Finding of Fact" #2 must be approved and recorded at the Registry of Deeds. A copy of the recorded restriction must be provided to the Planning Office. b) All required approvals must be obtained from the Conservation Commission, including but not limited to an Order of Conditions. c) Retaining walls shall be designed and stamped by a structural engineer registered in the state of Massachusetts. Stamped plans and calculations shall be submitted to the Planning Department and the Building Inspector prior to construction. The submittal of plans is for informational purposes only: the applicant must apply for and receive a building permit to a professional structural engineer for the retaining walls at both the front and rear of the property. d) A copy of the approved Stormwater Pollution Prevention Plan (SVWPP), as approved by the Conservation Commission,shall be submitted to the Planning Staff. e) If the applicant proposes to perform blasting, a permit shall be obtained from the Fire Department. f) A pre-construction meeting must be held with the developer, their construction employees, Planning Department, the Conservation Department, the Environmental Monitor, the Construction Monitor and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. g) 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. h) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department and Conservation Department. i) 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. 7 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 j) 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. k) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all other North Andover Land-Use Boards or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition 23. 7) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) The applicant must present the final architectural drawings to the Planning Board for approval at a Planning Board meeting. 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) Before the issuance of a building permit, the applicant shall record a Restriction on the property with the Registry of Deeds for the benefit of the Town that the property shall not be transferred to a non-profit entity except in the event that such entity agrees in writing by an instrument recorded at the Registry of Deeds to pay real estate taxes on the property for so long as such entity owns the property and notwithstanding such entity's not for profit status. This condition and the Restriction shall run with the land and be binding on the applicant,its successors and assigns in perpetuity, and the Restriction shall be approved by the Planning Board before recording. 8) DURING CONSTRUCTION: a) During construction, the site must be kept clean and swept regularly throughout the construction process. Dust mitigation, dewatering and roadway cleaning must be performed weekly or more frequently as dictated by site and weather conditions and as directed by the Town Planner. Tarps shall be placed over any stockpiles to ensure that any dust is mitigated properly. 8 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 b) The Planning 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. 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 neighboring properties. Any stockpiles to remain for longer than one week must be covered. 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) All earth removal will be conducted as part of the Building Permit issued by the Building Inspector. e) 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. 9) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) The applicant must submit a letter from the architect and engineer of the project stating that the building, 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 the use of the parking area. b) The building must have any and all fire sprinklers installed in accordance with.MGL 148 section 2.6. 10)PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a) The Planning Staff shall review the site. Any screening and landscaping as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. b) A final as-built plan showing final topography, the location of all on-site utilities, structures, curb cuts, parking spaces, roadway/access way construction, 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. 9 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 c) The parking spaces for access to the Open Space Parcel and signage indicating which parking spaces are to be utilized for the general public must be constructed as shown on the plans referenced at the end of this section. 11)Throughout the entire site, tree cutting and grading shall be kept to a minimum in order to minimize erosion and preserve the nature features of the site. Further, at no time shall construction impact the conservation easements or properties maintained by the Trustees of Reservations. 12)All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 13)All existing plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. 14)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15)Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 16)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 17)No underground fuel storage shall be installed except as may be allowed by Town Regulations. 18)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. 19)All snow storage is to be removed as needed to provide sufficient access throughout the site and to ensure the proper safety of vehicles and pedestrians. 20)The Site Plan Review Special Permit granted under Section 8.3 for this site shall also be considered as part of this decision. 21)The Planning Board expects that the project will be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. 22)This Special Permit approval shall be deemed to have lapsed after April 6, 2012 (two years from the date permit granted) exclusive of any time required to pursue or await determination 10 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 of any appeals of this decision, unless substantial use or construction has commenced within that two year period or unless the Planning Board grants to the Applicant an extension of the original two-year time period. Substantial use or construction will be determined by a majority vote of the Planning Board. 23)The following information shall be deemed part of the decision: Plans: Special Permits Plans,Notice of Intent Plan and Stormwater Pollution Prevention Plan for the Arbors at North Andover, A Continuing Care Retirement Center Sheets: 1 - 19 Date: November 12, 2009, updated February 16, 2010 and March 3, 2010, Submitted by: Marchionda&Associates 62 Montvale Ave. Stoneham,MA 02180 Applicant: Elm Development Services, LLC 200 North Main St. East Longmeadow, MA 01028 Report Titled: Drainage Report The Arbors at North Andover Submitted by: Marchionda&Associates 62 Montvale Ave. Stoneham, MA 02180 Applicant: Elm Development Services, LLC 200 North Main St. East Longmeadow, MA 01028 Date: November 12,2009,revised February 15,2010 Plans: Architectural Plans Proposed Continuing Care Retirement Center 1275 Turnpike St. North Andover, MA Sheets: ALO, A1.1, A2.0,A3.1, A3.2,A3.3, A3.4, A3.5, A4.0,A4.1, A5.0. A5.1, A5.2,A6.0 all dated 7/01/09 and Conceptual Rendering: Assisted Porte Cochere",received March 16, 2010. Submitted by: Gori &Associates 11 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 4633 1 st Avenue South Minneapolis, MN 55419 Applicant: Elm Development Services, LLC 200 North Main St. East Longmeadow, MA 01028 Plans: Landscape and Lighting Plan The Arbors at North Andover North Andover Massachusetts 1275 Turnpike Street Prepared for: Elm Development Services, LLC. Submitted by: Huntress&Associates 17 Tewksbury Street Andover, MA 01810 Sheets: L1 and L2 Date: November 11, 2009, L1 Updated 2/25/10; L2 Updated 3/11/10 Plans: Lighting Plans Submitted by: Holophane 214 Oakwood Ave. Newark, OH 43055 Designer—Peter Beane Sheets Revised Lighting Plans, 2 Sheets, Dated. 11/30/09 Holophane Mirrostar Luminaire Horizontal Lamp Version, 1 Sheet, Dated 10/1/03 Utility Arlington Series Luminaire,Full Cut Off, 2 Sheets, Dated 2/25/09 Traffic: Traffic Impact&Access Study Proposed Congregate Care Facility Route 114(Turnpike Street) North Andover,Massachusetts Prepared for: Elm Development Services, LLC Prepared by: Dermot J. Kelly Associates, Inc. 280 Main St. Suite 204 North Reading,MA 01864 Date: June 2001,updated November 10,2009,December 22,2009 12 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 k CElVED April 6,2010 2010 APR —7 P a 13 Plan: Sight Distance Plan Sheets: 1 €O Date: March 2 2010 1T 1 ' M ASSACi� F „ cc: Town Departments Applicant Engineer Abutters 13 r f t!np ECElVElD ELM 2099 NOY 13 AM 10: 10 D E V E L O P M E N T j , November 12, 2009 1l0Ti , : , Judith M. Tymon, AICP Town Planner Town of North Andover 1600 Osgood Street North Andover, MA 01845 REFERENCE: APPLICATIONS FOR CONTINUING CARE RETIREMENT CENTER AND SITE PLAN REVIEW SPECIAL PERMITS 1275 TURNPIKE STREET (BOSTON HILL PROPERTY) NORTH ANDOVER, MASSACHUSETTS Dear Judy: We respectfully request that you review and accept the attached Special Permit applications and circulate such materials to the appropriate parties and schedule the project for Planning Board hearing on December 15, 2009 Elm Development Services, L.L.C. is seeking the approval of a Special Permit for Continuing Care Retirement Center and a Special Permit for Site Plan Review for a proposed 125-apartment Continuing Care Retirement Center on the property located at 1275 Turnpike Street, North Andover, Massachusetts. The following application materials are attached: 1. Special Permit Application —Continuing Care Retirement Center: A. Completed and signed application form (four (4) copies), which includes: 1. A Memorandum dated November 12, 2009 from Elm Development Services, L.L.C. addressing the individual points referred to in the "Written Documentation" section of the application instructions. 2. A copy of the deed denoting Boston Hill Development, LLC as the owner of the property. 1 An Owner's Affidavit and Designation of Agent from_the owner of the property appointing and authorizing Elm Development Services, L.L.C., as the property owner's agent, to represent the property owner regarding any applications by Elm Development Services, ELM DEVELOPMENT SERVICES, INC. 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01-028 PHONE:413-525-8344 FAX:413-525-0313 r Judith M. Tymon, AICP Town Planner Town of North Andover November 12, 2009 L.L.C. in connection with Elm Development Services, L.L.C.'s development of the property as a Continuing Care Retirement Center. 2. Special Permit Application — Site Plan Review A. Completed and signed application form (four(4) copies), which includes: 1. A Memorandum dated November 12, 2009 from Elm Development Services, L.L.C. addressing the individual points referred to in the "Written Documentation" section of the application instructions. 2. A copy of the deed denoting Boston Hill Development, LLC as the owner of the property. 3. An Owner's Affidavit and Designation of Agent from the owner of the property appointing and authorizing Elm Development Services, L.L.C., as the property owner's agent, to represent the property owner regarding any applications by Elm Development Services, L.L.C. in connection with Elm Development Services, L.L.C.'s development of the property as a Continuing Care Retirement Center. 4. A Traffic Impact & Access Study prepared by Dermot J. Kelly Associates, Inc. for the proposed CCRC. 3. A $10,356.78 check payable to the Town of North Andover, representing payment of the Special Permit applications fees (i.e., $475.00 for the CCRC special permit application fee and $9,881.78 for the site plan review special permit application fee). 4. Outside Consultant Review Escrow Form together with a $2,000.00 check payable to the Town of North Andover, representing payment of the outside consultant fee (i.e., Lisa Eggleston). 5. Outside Consultant Review Escrow Form together with a $5,000.00 check payable to the Town of North Andover, representing payment of the outside III consultant fee (i.e. Vanasse Hangen Brustlin, Inc.). 1 Judith M. Tymon, AICP Town Planner Town of North Andover November 12, 2009 Page 3 6. Certified Abutters List together with seven (7) copies thereof. 7. Envelopes for certified mailing of legal notices to abutters, prepared in accordance with the applicable instructions, and the correct amount of postage stamps (i.e., $3.24 per abutter). 8. Mailing labels (for mailing of decisions to abutters) together with a $.44 stamp for each abutter. 9. Architectural and site plans (three full-sized sets and six (6) 11"x17" copies). Please note that these plans contain the information referred to in the application instructions and the Zoning Bylaw. If you have any questions concerning this Application submission, please give me a call. Very truly yours, ELM DEVELOPMENT SERVICES, L.L.C. A' 1� 4 Ernest A. Gralia, III Encls. �o�tth Lit 2009,NOY 13 AM 10: 11 PLANNING DEPARTMENT r'�'°� �r�v�, v i.f Community Development Division Special Permit—Site Plan Review Application Please type or print clearly. 1I.Petitioner: Elm Development Services, L.L.C. Petitioner's Address: 200 North Main Street, Suite 204, East Longmeadow, MA 01028 Telephone number: 413-525-4585 x12 2.Owners of the Land: Boston Hill Development, LLC c/o Mesiti Development Corporation Address: 100 Andover By-Pass, North Andover, MA 01845 Number of years of ownership: 11 3.Year lot was created: 1998 4. Description of Proposed Project: The project consists of the development of a 125 unit Continuing Care Retirement Center 5.Description of Premises: The premises consists of 33.35 acres known as Boston Hill 6.Address of Property Being Affected: 1275 Turnpike street Zoning District: village Residential Assessors Map: 107A Lot#: 149, 283, 284 Registry of Deeds: Book#: 4932 Page* 127 7.Existing Lot: Lot Area(Sq.Ft): 1,452,596 Building Height: N/A Street Frontage: 1,123 feet Side Setbacks: N/A Front Setback: N/A Rear Setback: N/A Floor Area Ratio: N/A Lot Coverage: N/A 8.Proposed Lot(if applicable): Lot Area(Sq.Ft): 1,452,596 Building Height: 49' 211 Street Frontage: 1,123 feet Side Setbacks: 150 +/- Front Setback: 73 feet Rear Setback: 98o +/- Floor Area Ratio: .o93 Lot Coverage: o.o3 *See zoning variance Decision #2009-011 Granted Sept. 2009 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com 9. Required Lot(as required by Zoning Bylaw): Lot Area(Sq. Ft): 1,0 8 9,0 0 0 Building Height: 3 5' Street Frontage: 250 feet Side Setbacks: loo feet Front Setback: loo feet Rear Setback: loo feet Floor Area Ratio: N/A Lot Coverage: 25% max 10.Existing Building(if applicable): Ground Floor(Sq. Ft.): #of Floors: Total Sq.Ft.: Height: Use: Type of Construction: 11.Proposed Building: Ground Floor(Sq. Ft.):23,980 #of Floors: 4 Total Sq.Ft. 135,454 Height: 49' 2" USe: continuing Care Retirement CenterType of Construction: 5A-Protected 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? Town Homes 13.Section of Zoning Bylaw that Special Permit Is Being Requested section 13 • 8.3 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 Viiclomp) "if application requirements, as cited herein and in the Planning Board Rules and Regulations may sulNa ismis the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here: Ernest A. Grali , III Owner's Signature: Print or type name here: Anthony Mesiti 15.Please list title of plans and documents you will be attaching to this application. Special Permit Plan, Notice of Intent Plan Stormwater Pollution Prevention Plan for The Arbors at North Andover, A Continuing Care Retirement Center 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.towoofnorthandover.com 9.Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft): 1,0a9,000 Building Height: 35' Street Frontage: 250 feet Side Setbacks: 100 feet Front Setback: loo feet Rear Setback' 100 feet Floor Area Ratio: N/A Lot Coverage: 25W max 10.Existing Building(if applicable): Ground Floor(Sq.Ft.): #of Floors. Total Sq.Ft.: Height; Use: Type of Construction: 11.Proposed Building: Ground Floor(Sq.Ft.):23,son 9 of Floors:.4 Total Sq.Ft. 135,454 Height' 494 2" USO;Continuing care Retirement centerType of Construction' SA-Protected 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? Town Homes 13.Section of Zoning Bylaw that Special Permit Is Being Requested section 13: 8.3 14.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form,w*h 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. Petitioner's Signature: Print or type name here: Ernest A. Gralia, iri Owner's Signature: .1 Print or type name here: Anthony Mesiti 15.Please list tide of pians and documents you will be attaching to this application. Special Permit Plan, Notice of intent Plan Stormwater Pollution Prevention Plan for The Arbors at North Andover, A Continuing Care Retirement Center 1600 Osgood Street,North Andover,Bidg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 918.688.9535 Fax 918.688.9542 Web www.townofngrthandover.com P-% 4932 PG 127 jQLITCLAV,1 DEED y. Boston Hilt Ski Area, Inc., a Massachusetts corporation duly established under the laws of the Commonwealth of Massachusetts, Iocated at Turnpike Street, North Andover, for consideration and in full consideration of Eight Hundred Thousand($800,000.00)Dollars GRANL TS TO Boston Hill Development, LLC a Massachusetts limited liability company with its mailing address of I 1 Old Boston Road, Tewksbury,Massachusetts 01.876 with QUTT'CLA.Ml COVENANTS the following described property which is in three (3) parcels on the westerly side of Salem Turnpike, otherwise known as Route 114, in said North 1 Andover, and as shown on Plan numbered 5,000, recorded May 8, 1464 in Essex North District Registry of Deeds and designated as "Plan of a Portion of Land of John C. Famum, North Andover, Mass., Prepared for Boston Ski Development Corp., Route 114, North + Andover, by Raymond C. Pressey, Inc., Registered Land Surveyors". Parcel I is bounded and described as follows: Parcel 1: JAN 2%P91223 NORTHERLY: two hundred thirty (230)feet, more or less, by a stone wall; EASTERLY: six hundred thirty(630) feet, more or less; NORTHERLY: three hundred(300) feet, more or less, the last three bounds all by land now owned by the grantor; SOUTHWESTERLY: but more WESTERLY, in a curved line in three courses, of 7i hundred twenty-three(123) feet, more or less, one hundred for[ a$ Five (145) feet, more or less, and four hundred sixty (460) fe more or less, by land now or formerly of the grantor; Q WESTERLY: by the stone wall and land now or formerly of Pulliam Sherid nine hundred ninety-eight (998) feet, more or less. The Northwesterly corner is at a comer in the stone wall twelve hundred (1,200) feet, more or less, from the Salem Turnpike. Parcel 2 consists of all the right, title and interest the grantor may have in the following premises, contiguous to Parcel 1, and is bounded and described as follows: Parcel 2: Beginning at the Northwesterly corner of the premises previously described as Parcel 1, thence running: SOUTHERLY': Fifty (50) feet by Parcel 1, to the corner of the stone wall; thence / . turning and running WESTERLY: by a stone wall five hundred twenty (520) feet, more or less, by find now or formerly of William Sheridan to Chestnut Street and the corner of a stone wall; thence turning and running NORTHERLY: fifty (50) feet, more or less, by said stone wall to Chestnut Street, as shown on said plan, to a corner of a stone wall; thence turning and running EASTERLY: five hundred ten (510) feet, more or less, along said stone wall, to the point of beginning. The total area of Parcels 1 and 2 contain approximately ten (10) acres, more or less, these parcels 1 and 2 intended to be the remainder of the thirty-three (33)acres, more or less, shown on the said plan numbered 5,000, being described thereon as "Area of Proposed Amendment from Rural Residence to General Business", the balance of which area is further described hereon as Parcel 3. Parcel 3 is bounded and described as follows: Parcel 3: The premises beginning at a point being the southeasterly corner of the premises described on said plan numbered 5,000, thence running: NORTHWESTERLY: by said Salem Turnpike thirteen hundred sixty (1,360) feet, more or less, to a stone wall by land now or formerly of Margaret R. Simon; thence turning and running NORTHWESTERLY: but more WESTERLY: by said land now or formerly of Margaret R. Simon, and by land now or formerly of William Sheridan, nine hundred seventy (970) feet, more or less, along a stone wall and fence; thence turning and running SOUTHEASTERLY: but more SOUTHERLY: by land of John C. Famum, also known as John C. Farnham, six hundred thirty (630) feet, more or less, by Parcel 1 to other premises of said John C. Farnum, alias, heretofore leased to the Massachusetts Institute of Technology, notice of which lease is recorded with Essex North District Registry of Deeds, Book 851, Page 401; thence turning and running EASTERLY: by said other premises of John C. Farnum, alias, three hundred (300) feet, more or less; thence turning and tinning SOUTHEAST: four hundred (400) feet, more or less; SOUTHEASTERLY. but more EASTERLY: three hundred sixty-five (365) feet, more or less; SOUTHEASTERLY: but more SOUTHERLY: two hundred(200) feet, more or less; and EASTERLY: three hundred seventy-five (375) feet, more or less, to the point of beginning. 2 i All of the three boundaries are by land now or formerly of John C. Farnum, alias. The above described premises are shown on Essex North District Registry of Deeds Plan No. 5000 as containing 33 acres, more or less, being located on the westerly side of Salem Turnpike, Rt. 114. The above described Parcel 1, Parcel 2, and Parcel 3 (in addition to being shown on Plan No. 5000) are also more particularly shown on a certain plan of land entitled "Subdivision of Land, Boston Hill Ski Area, Inc. in North Andover, NIA, Teton Land Consultants, Inc., dated 11/30/87, scale V=80 feet, sheet 1 of 1", said sheet being recorded as pan of Plan No. 11432 with Essex North District Registry of Deeds. Said Plan No. 11432 shows the above conveyed parcel as being comprised of Lot 1 (5.6 acres), Lot 2 (13.5 acres), Lot 3 (13.7 acres) along with the roadway (unnamed and containing .33 acres). As stated in Note F of said Plan No. 11432, the total parcel area is 33.35 acres, and reference may be had to said plan 11432 for a more particular description of the above-referenced parcel. Being the same premises conveyed to the Grantor by deed of John C. Farnum, also known as John C. Farnham recorded with the Essex North District Registry of Deeds at Book 1182, Page 132. IN WITNESS WHEREOF, the said Boston Hill Ski Area, Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, sealed, acknowledged and delivered in its name and behalf by Robert Dunn, its President and Treasurer hereto duty authorized, as of the day of 19q. Boston Hill Ski Area, Inc. d By: @ J 7 Robert Dunn,President and J��jcy o Treasurer b 'w :P 1'�/}�TL" �. J \ 2 �T W o r iJ y 3 �k' 49" 2 PG 130 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss January a, 1998 Then personally appeared the above-named Robert Dunn,President and Treasurer of Boston Hitt Ski Area, Inc. and acknowledged the fore . g instrument to be his free act and deed, and the free act and deed of Boston Hill Ski 7a,< c.,be / lkiai� No blie JNYcommission expires: 3.`ciurttroo.reil tsc+.ctosinYs`.rxsio`.Dsmftil.ski}A eed.dcc MIC:HAb DANA ROSEN Notary Public MY COM-MipiOr,cA;)h%J Oaoboc 13,2=0 i it OWNER'S AFFIDAVIT AND DESIGNATION OF AGENT t. OWNERSHIP Boston Hili Development, LLC hereby deposes and states that it is the owner of the real property located at 1275 Turnpike Street (former Boston Hill property) (denoted as Parcels 149, 283, and 284 on the Town of North Andover's Assessors Map 107.A), North Andover, Massachusetts (the "Property") and comprising the site identified in the Application for a Variance which is to be filed by Elm Development Services, L.L.C. as applicant in connection with Elm Development Services, L.L.C.'s development of the Property as a continuing care retirement center (the "Application"). If. DESIGNATION OF AGENT _ Boston Hill Development, LLC, the owner of the Property, does hereby appoint and authorize as its agent Elm Development Services, L.L.C. (1) to represent Boston Hill Development, LLC regarding the Application and to appear on Boston Hill Development, LLC's behalf before any administrative or legislative body in North Andover, Massachusetts, considering the Application and to act in all respects as Boston Hill Development, LLC's agent in all matters pertaining to the Application, and (2) to represent Boston Hill Development, LLC regarding any other applications filed or which may be filed by Elm Development Services, L.L.C. as applicant in connection with Elm Development Services, L.L.C.'s development of the Property as a continuing care retirement center including, without limitation, the Application for Special Permit and the Application for Site Plan Review (the "Other Applications") and to appear on Boston Hill Development, LLC's behalf before any administrative or legislative body in North Andover, Massachusetts, considering the Other Applications and to act in all respects as Boston Hill Development, LLC's agent in all matters pertaining to the Other Applications. Signed under the wins and penalties of perjury on this 7 day of July, 2009. BOSTON HILL DEVELOPMENT, LLC Anthpony Mesiti Authorized Signatory MEMORANDUM IN SUPPORT OF APPLICATION ` `S GFIFICP FOR SPECIAL PERMIT— CONTINUING CARE RETIREM R AND APPLICATION FOR SPECIAL PERMIT—SITE PLA UVE�F� AM 10: 13 IJ TO: Town Of North Andover Planning Board MASSACH,U,..E 1 FROM: Elm Development Services, L.L.C. DATE: November 12, 2009 SUBJECT: Special Permit Application — Continuing Care Retirement Center and Special Permit Application—Site Plan Review for proposed 125-apartment Continuing Care Retirement Center 12 pages Petitioner: Elm Development Services, L.L.C. 200 North Main Street, Suite 204 East Longmeadow, MA 01028 Property: 1275 Turnpike Street, North Andover, Massachusetts Introduction Elm Development Services, L.L.C. (the "Petitioner") intends to develop and construct an approximately 135,000 square foot, 125-apartment Continuing Care Retirement Center (the "CCRC") on the property located at 1275 Turnpike Street (the "Property"). The Property is the site of the former Boston Hill ski area, and is owned by Boston Hill Development, L.L.C. The area immediately surrounding the Property is a mix of residential, commercial and institutional development. The Property is located within a Village Residential District. Section 13 of the Zoning Bylaw provides that the use of property located in a Village Residential District as a Continuing Care Retirement Center is allowed by special permit: The Property is subject to a permanent Conservation Restriction from Boston Hill Development, LLC (the current owner of the Property) to the Town of North Andover, dated June 13, 2006 and recorded with the Essex North Registry of Deeds in Book 10282, Page 272 (the "Conservation Restriction"). The Conservation Restriction, which was placed on the Property prior to the Petitioner's involvement with the Property, is applicable to 18.74 acres of the approximately 33.35 acre parcel. As part of the Petitioner's proposed development of the property as a CCRC, the Petitioner is in the process of obtaining the requisite approvals to reconfigure the Conservation Restriction area to accommodate the proposed CCRC and to increase the Conservation Restriction area from 18.74 acres to 25.14 acres. 1 The North Andover Zoning of Appeals granted the Petitioner (i) a variance from Section 13.5.d.1 and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy-three (73) feet from the perimeter of the property line, and (ii) a dimensional variance from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height from thirty-five (35) feet to forty-nine (49) feet, two (2) inches (Zoning Board of Appeals Decision 2009-011, Year 2009). Discussion The Petitioner requests that the Planning Board (A) grant a Special Permit for the development and construction of a Continuing Care Retirement Center on the Property, (B) grant a Special Permit for Site Plan Review for the Petitioner's proposed CCRC, (C) grant a waiver of compliance with the minimum parking requirements stated in Section 13.5.f.2 of the Zoning Bylaw for the Petitioner's proposed CCRC, (D) grant a waiver of the Fiscal Impact and the Community Impact requirements referred to in Sections 8.3.5.e.xxii and xxiii respectively of the Zoning Bylaw, and (E) make findings regarding certain matters discussed with and confirmed by the Planning Board at its October 21, 2008 meeting. (A) REASONS IN SUPPORT OF THE PETITIONER'S PROPOSED CCRC BEING IN COMPLIANCE WITH THE FOLLOWING STANDARDS ARE AS FOLLOWS: 1. ENCOURAGING THE MOST APPROPRIATE USE OF LAND. The Property is located within a Village Residential District, and the proposed use of the Property as a Continuing Care Retirement Center is a use allowed in such district by special permit. The Petitioner's proposed CCRC is residential in character and is not inconsistent with the character of the Village Residential District which contemplates residential uses. The Petitioner's proposed CCRC also fulfills the purposes of Section 13 of the Zoning Bylaw which includes encouraging the preservation of open spaces; allowing for new elderly housing that causes relatively little demand on Town services; and preserving the Town's residential character. Given the foregoing, the Petitioner's use of the Property as a CCRC encourages the most appropriate use of land. 2. PREVENTING OVERCROWDING OF LAND. The lot coverage for the Petitioner's proposed CCRC is 3%, which is substantially less than the permissible lot coverage of 25%. Additionally, as earlier mentioned, at least 18.74 acres (and up to 25.14 acres) of the 33.35 Property will be maintained as open space under the Conservation Restriction. Given the 3% lot coverage and the substantial amount of open space under the Conservation Restriction, the Petitioner's proposed development of a CCRC on the Pro a will not result in overcrowding of P p rty the land. 2 3. CONSERVING THE VALUE OF LAND AND BUILDINGS. As mentioned, at least 18.74 acres (and up to 25.14 acres) of the 33.35 acre property will be maintained as open space under the Conservation Restriction. Further, the Petitioner's proposed CCRC will be situated on the Property so as to minimize disturbance of the Property's steep slope, to maximize retention of natural topographic features, and to minimize tree, vegetation and soil removal and grade changes. The Petitioner's proposed use will therefore encourage the preservation of open space and the promotion of more efficient use of land in harmony with natural features, and will further encourage the conservation of natural resources and scenic qualities. Given all of the foregoing, the Petitioner's proposed development of a CCRC on the Property will conserve the value of the land. Further, the design of the Petitioner's proposed CCRC will be in harmony with and will be compatible with the prevailing character of the buildings in the zoning district in which the Property is located and of adjacent properties, thereby conserving the value of buildings. 4. LESSENING CONGESTION OF TRAFFIC. State Route 114 is adequate to carry the additional traffic to be generated by the construction of the Petitioner's proposed 125-apartment CCRC on the site. Based upon the Traffic Impact & Access Study conducted by Dermot J. Kelly Associates, Inc. for the Petitioner's proposed CCRC, it has been determined that there is sufficient capacity at the proposed intersection to accommodate the Petitioner's proposed CCRC, and that the overall traffic-related impacts will not create any adverse impacts on traffic operations that would require any additional roadway improvements at the proposed site drive. Additionally, the site design provides for safe vehicular and pedestrian movement within the Property, and the Petitioner's proposed use will not create undue on-street or off-street traffic congestion as adequate off-street parking will be provided. 5. PREVENTING UNDUE CONCENTRATION OF POPULATION. The Petitioner's proposed CCRC will have 25% fewer units than the permissible dwelling unit density. This reduced dwelling unit density will prevent undue concentration of population. 6. PROVIDING ADEQUATE LIGHT AND AIR. The provision of adequate light and air will be insured through the Petitioner's compliance with Zoning Bylaw requirements in determining the 3 sizing of the building and its placement on the Property, and through the building design itself. While the Petitioner has received height and setback variances for the proposed CCRC, the location of the building on the Property and the design of the building will eliminate any potential adverse impact on light and air attributable to the height of the proposed building and the reduced set back. Further, the building design incorporates properly sized and placed window systems which are intended to secure adequate light and ventilation for the building. As well, with the exception of the Congregate Care with Services Plus units, each of the units will have a spacious balcony providing access to outdoor space. 7. REDUCING THE HAZARDS FROM FIRE AND OTHER DANGER; PUBLIC SAFETY. All applicable public safety (including fire safety and suppression devices) will be provided as required by law. Further, in recognition of the unique requirements of the elderly for protection against the hazards due to fire, the Petitioner's proposed CCRC will be equipped with a sprinkler system in accordance with the provisions of the National Fire Protection Association (NFPA 13D). The Petitioner's proposed CRRC will also have 24-hour staffing and an emergency response system (via call system to each apartment). Hazards from fire and other danger will therefore be reduced. 8. ASSISTING IN THE ECONOMICAL PROVISION OF TRANSPORTATION, WATER, SEWAGE, SCHOOLS, PARKS AND OTHER PUBLIC FACILITIES. The building has been designed to meet or exceed all code requirements to keep water and therefore sewerage generation as low as possible. Also, the proposed landscaping has been designed to specify drought resistant plants to the extent feasible to reduce the need for outside watering. Further, because the Petitioner's proposed CCRC will be an age-restricted community, it will not impact the school system. And the Petitioner's proposed CCRC will not place an undue burden on Town services and public facilities including transportation (the Petitioner's proposed CCRC will provide scheduled transportation), water usage, rubbish collection (the Petitioner's proposed CCRC will be responsible for its own trash removal), and involvement of the Department of Public Works and other municipal services (the Petitioner's proposed CCRC will provide supportive services and continuous oversight to its elderly residents). 4 9. CONTROLLING THE USE OF BODIES OF WATER, INCLUDING WATERCOURSES. The site design prepared by the civil engineering consultant, Marchionda & Associates, includes a detailed hydrological analysis and report that clearly demonstrates that runoff from the site will be managed such that there will not be any adverse impact on any bodies of water, watercourses or abutting properties as a result of the Petitioner's proposed development. 10. REDUCING THE PROBABILITY OF LOSSES RESULTING FROM FLOODS. As mentioned above, the site design includes a detailed hydrological analysis and report that clearly demonstrates that runoff from the site will be managed such that there will not be any adverse impact on any bodies of water, watercourses or abutting properties as a result of the.Petitioner's proposed development. Runoff from the undeveloped portions of the site are designed to be routed around the proposed building and associated parking areas and to drain into the watersheds consistent with the existing conditions. Runoff from the developed portions of the site, such as the building and parking areas, is captured, treated to reduce the percentage of total suspended solids to be at or below levels permitted by The Massachusetts Department of Environmental Protection and the North Andover Conservation Commission before being recharged back into the native soils and/or discharged into the onsite wetlands at rates that are less than the runoff rates attributable to the existing conditions. As a result there will not be any increase in flooding into bodies of water, watercourses or onto any abutting properties as a result of the implementation of the proposed site improvements. 11. RESERVING AND INCREASING THE AMENITIES OF THE TOWN, ETC. At least 18.74 acres (and up to 25.14 acres) of the 33.35 acre property will be maintained as open space under the Conservation Restriction, and the Petitioner's proposed CCRC will result in the creation of a trail system on the property with public access, thereby reserving and increasing the amenities of the Town. 5 (B) REASONS IN SUPPORT OF THE SPECIAL PERMITS REQUESTED ARE AS FOLLOWS: 1. THE SPECIFIC SITE IS AN APPROPRIATE LOCATION FOR SUCH A USE, STRUCTURE OR CONDITION. The use of the Property as a proposed CCRC is a use allowed by special permit under the Town of North Andover Zoning By-Law, Section 13.1, entitled "Establishment'. 2. THE USE AS DEVELOPED WILL NOT ADVERSELY AFFECT THE NEIGHBORHOOD. Because the Petitioner's proposed CCRC is a use that is not intrusive and because the characteristics of the proposed CCRC are not inconsistent with the characteristics found along Route 114, the use as developed will not adversely affect the neighborhood. Further, the Petitioner's proposed CCRC meets or exceeds all zoning requirements, with the exception of building height and perimeter setback requirements for which variances have been granted by the Zoning Board of Appeals (Zoning Board of Appeals Decision 2009-011, Year 2009). 3. THERE WILL BE NO NUISANCE OR SERIOUS HAZARD TO VEHICLES OR PEDESTRIANS. State Route 114 is adequate to carry the additional traffic to be generated by the construction of the Petitioner's proposed 125-apartment CCRC on the site. Based upon the Traffic Impact & Access Study conducted by Dermot J. Kelly Associates, Inc. for the Petitioner's proposed CCRC, it has been determined that there is sufficient capacity at the proposed intersection to accommodate the Petitioner's proposed CCRC, and that the overall traffic-related impacts will not create any adverse impacts on traffic operations that would require any additional roadway improvements at the proposed site drive. Additionally, the site design provides for safe vehicular and pedestrian movement within the Property, and the Petitioner's proposed use will not create undue on-street or off-street traffic congestion as adequate off-street parking will be provided. 4. ADEQUATE AND APPROPRIATE FACILITIES WILL BE PROVIDED FOR THE PROPER OPERATION OF THE PROPOSED USES. The requested use will not overload or require expansion of any public water, drainage or sewerage system or any other municipal system. The Petitioner's proposed CCRC will be connected to municipal sewer and water services which are already available on-site. As a result, no municipal system or service will be adversely affected. 6 5. THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING BYLAW. The purposes of Section 13 of the Zoning Bylaw in allowing CCRC's within the Town of North Andover include encouraging the preservation of open spaces; allowing for new elderly housing that causes relatively little demand on Town services; and preserving the Town's residential character. The Petitioner's' proposed CCRC accomplishes these purposes and is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Additionally, the Petitioner's proposed CCRC is of substantial benefit to the Town as a whole. It will satisfy an important and growing and acknowledged need for this type of housing, will provide a viable housing option for the elderly, will allow the elderly to remain independent while receiving a level of attention and services that meets their needs, and will allow the elderly population in North Andover to remain in town and continue to be a part of a residential community with daily socialization and interaction with other elderly residents. (C) REASONS IN SUPPORT OF PETITIONER'S REQUEST FOR A WAIVER OF COMPLIANCE WITH THE MINIMUM PARKING REQUIREMENTS STATED IN SECTION 13.5.f.2 OF THE ZONING BYLAW ARE AS FOLLOWS: The Petitioner's proposed CCRC will contain a combination of congregate units, congregate with services units, and congregate with services plus units. Section 13.512 of the Zoning Bylaw requires a minimum of one (1) parking space per unit. A total of 125 spaces are therefore required for the Petitioner's proposed CCRC under the Zoning Bylaw. However, based on the Petitioner's proposed use and the Petitioner's experience with similar projects, a parking ratio of one (1) space per unit greatly exceeds the actual demand. This matter is addressed in the North Andover Zoning Bylaw under section 8.1.4.a under the parking requirements of Elderly Housing Independent Units and Elderly Housing Assisted Units, where the requirement is reduced to 0.6 spaces per unit and 0.4 spaces per unit (plus 1 per 2 employees) respectively. The current plan proposes 97 parking spaces (see Sheet 2 of 18, Zoning Summary Notes, Note 6, denoting 68 congregate parking spaces, 21 congregate with services parking spaces, and 8 congregate with services plus parking spaces) (0.776 parking spaces per unit) which exceeds the Zoning Bylaw requirement for Elderly Housing but is less than the minimum requirement of one (1) space per unit under Section 13 of the Zoning Bylaw. Because the Petitioner's proposed CCRC units are congregate housing units and the occupants of the Petitioner's proposed CCRC must be at least 62 years of age or older, the provision of 97 spaces will be more than sufficient to accommodate the actual parking demand for the Petitioner's proposed CCRC. The Petitioner therefore requests that the Planning Board grant, pursuant to Section 13.512 of the Zoning Bylaw (which gives the Planning Board the discretion to waive the Petitioner's compliance with the parking 7 requirements of the Zoning Bylaw), a waiver of the Petitioner's compliance with the minimum parking requirements stated in forth in Section 13.5.f.2 of the Zoning Bylaw. (D) REASONS IN SUPPORT OF PETITIONER'S REQUEST FOR A WAIVER OF THE FISCAL IMPACT AND THE COMMUNITY IMPACT REQUIREMENTS REFERRED TO IN SECTIONS 8.3.5.e.xxii AND xxiii RESPECTIVELY OF THE ZONING BYLAW ARE AS FOLLOWS: The Petitioner's proposed CCRC is not expected to have any impact on school enrollment given that school-age children will not be present in the Petitioner's proposed CCRC because of the age restriction. As well, the Petitioner's proposed CCRC will contribute to the Town's tax revenues, thereby providing a fiscal benefit to the Town, and the Petitioner's proposed CCRC is not expected to negatively impact public services and facilities (e.g., the Petitioner's proposed CCRC will provide scheduled transportation and supportive services and continuous oversight to its elderly residents and will be responsible for its own trash removal). Additionally, the Petitioner's proposed CCRC will result in the creation of approximately 50 permanent full-time and part-time positions, and is not expected to negatively impact adjacent property values. In terms of the impact of the Petitioner'sproposed CCRC on traffic, a traffic impact analysis is included in the Petitioner's application for a Special Permit for Site Plan Review. Architectural design will be guided by renderings and plans that have been and will continue to be presented and/or submitted by the Petitioner to the Town as part of the permitting process. As mentioned, the Zoning Board of Appeals granted the Petitioner a building height variance for the pitched roof design which the Planning Board supported as they felt it would be compatible with the architecture of the local residential neighborhood and that it would easily blend in with the topography of the site. The,permitting process along with the Petitioner's established track record of developing attractive and aesthetically appealing communities will ensure that the Petitioner's proposed CCRC will be well designed, attractive, and compatible with the surrounding area and with local and regional plans. The Petitioner's proposed CCRC will fulfill an acknowledged need in the community for this type of facility, and the development of a CCRC on the Property in lieu of the currently permitted condominium development will result in an increase in open space. (E) PETITIONER'S REQUEST FOR PLANNING BOARD FINDINGS ON CERTAIN MATTERS: The Petitioner requests the Planning Board to make the following findings regarding the following matters discussed with and confirmed by the Planning Board at its October 21, 2008 meeting: 8 1. Section 4.2 (Phased Development Bylaw) of the Zoning Bylaw is not applicable to the Petitioner's proposed development of a CCRC on the Property for the following reasons: Section 4.2 of the Zoning Bylaw states that it applies to, among other things, site plan review applications and special permits which would result in the creation of a new dwelling unit or unit (Section 2.35 of the Zoning Bylaw defines a "dwelling unit" as "one or more rooms, including cooking facilities and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes"). Based upon a reading Section 4.2 as a whole, Section 4.2 is intended to apply to subdivisions and not to the construction of a Continuing Care Retirement Center (CCRC) consisting of a single building containing congregate housing units (e.g., there are references to building lots in Section 4.2 and one of the headings under the Phased Development Schedule in Section 4.2.4.a is entitled "Number of Units in Subdivision (emphasis added) Development"). While the Petitioner's proposed use as a CCRC will have a site plan review application and special permit resulting in the creation of new dwelling units, the Petitioner's proposed CCRC is not a subdivision. Section 4.2 of the Zoning Bylaw is therefore not applicable to the Petitioner's proposed use as a CCRC. If, however, Section 4.2 is deemed to be applicable to the Petitioner's proposed use as a CCRC, then the exemption to the Phased Development Bylaw contained in Section 4.2.6.d is applicable. Section 4.2.6.d provides an exemption to the Phased Development Bylaw where the occupancy of dwelling units is restricted to persons over the age of 55 years through a properly executed and recorded in perpetuity deed restriction running with the land. The Petitioner's proposed use as a CCRC for the "elderly" falls within this exemption. The term "elderly" is defined in Section 13.3.e as "A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whom is 62 years of age or older." 2. No permit other than a building permit is required for earth removal operations incidental to construction of the Petitioner's proposed CCRC for the following reasons: Section 5.5.2 of the Zoning Bylaw states in part "Where soil is to be removed in connection with the preparation of a specific site for building removal may take place only after the issuance of a building permit by the Building Inspector". The foregoing is indicative that a building permit is intended to apply to earth removal operations incidental to construction. Based upon the experience of Paul Marchionda from Marchionda & Associates, L.P., it has been the custom in North Andover not to require an earth removal permit when earth removal operations are taking place as part of construction because earth removal is customarily incident to 9 construction and the building inspector has jurisdiction pursuant to the building permit. It is Petitioner's position that other provisions of Section 5 relating to permitting are therefore not applicable to the Petitioner's proposed CCRC development. 3. Section 13.5.d.1 of the Zoning Bylaw does not prohibit the construction of a paved parking area within the 100 foot CCRC perimeter setback area for the following reasons: Section 13.5.d.1 of the Zoning Bylaw states in part: "Perimeter Setback. The setback area is intended to provide a perimeter greenbelt around the CCRC except for road and utility crossings. No building or other structure shall be located within one hundred (100) feet of perimeter lines of CCRC parcel. Common open space lying within a setback area shall qualify as fulfilling this requirement." The term "greenbelt" is not defined in Section 2 (Definitions) or Section 13 (Continuing Care Retirement Center) of the Zoning Bylaw. Section 13.5.e of the Zoning Bylaw describes "Common Open Space" as "Land within the CCRC parcel or lot which is not specifically reserved for the support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas, or services areas which is not set aside as private yards, patios or gardens for residents." Based upon the foregoing, the parking area does not constitute Common Open Space. Section 2.26 of the Zoning Bylaw defines a "building" as "a structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or property." Section 2.68 of the Zoning Bylaw defines a "structure" as "a combination of materials to form a construction that is safe and stable, including, among other buildings (emphasis added), stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs, the term structure shall be construed as if followed by the words `or part thereof"'. Section 2.56 of the Zoning Bylaw defines "Parking Area, Private" as "an open area for the same uses as a private parking garage." Section 13.5.d.1 of the Zoning Bylaw expressly prohibits a "building" or "other structure" but does not expressly prohibit a parking area within the CCRC perimeter setback area. It is clear from the definition of a private parking area (i.e., an open area) that it does not constitute a building or structure within the meaning of the Zoning Bylaw. That Section 13.5.d.1 of the Zoning Bylaw expressly prohibits a building or structure but not a parking area within the perimeter setback area is indicative that a parking 10 area was not intended to be prohibited within the perimeter setback area and is not inconsistent with the intent of the perimeter rim ter setback. Note: The definition of "Structure" in the most recent Zoning Bylaw now states that the term "structure" does not include "parking lots", which further supports the Petitioner's position. 4. The proposed CCRC is an allowable use in a Village Residential district because the use is allowed by Special Permit under Section 13 of the Zoning Bylaw; and that a CCRC is not denoted as an allowable use in Table 1 of the Zoning Bylaw is an error. While Section 13.1 of the Zoning bylaw clearly states that the use of property located in a Village Residential District as a CCRC is allowed by special permit, Table 1 of the Zoning Bylaw does not denote a CCRC as an allowable use in a Village Residential district by special permit. Per the Table of Revisions of the Zoning Bylaw, Section 13 was added to the Zoning Bylaw in 1988. An explanation for this inconsistency between Section 13 and Table 1 is that Table 1 was inadvertently not updated to reflect the addition of Section 13 to the Zoning Bylaw. to any event, Table 1 contains a note which states "This Chart is for summary information purposes only and is not a substitute for the detailed District Use Regulations in Section 4 of this Bylaw." The absence in Table 1 of a CCRC as an allowable use in a Village Residential District by special permit is of no import in fight of the note that the chart is for "information purposes and is not a substitute" for the detailed District Use Regulations in Section 4 (which section is effectively amended by the addition of Section 13 to the Zoning Bylaw). 5. Footnote 1 under Table 1 does not prohibit parking within the first fifty (50) feet of the front setback along Route 114 in a Village Residential District for the following reasons: The first sentence of Footnote 1 of the Zoning Bylaw states "In all districts except Village Commercial and any Corridor Development District, front setbacks along Route 114 shall be a minimum of 100'. The second sentence of Footnote 1 states "Front setbacks shall be 100' along 125 in Industrial 1 and 2 District"; the first 50' of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted." Given the semicolon in the second sentence which joins two closely related main clauses, the parking prohibition within the 50' setback area relates solely to front setbacks along [Route] 125 in Industrial 1 and 2 Districts and does not relate to the front setback along Route 114 in a Village Residential District. 11 Conclusion For the foregoing reasons, the Petitioner respectfully requests that the Planning Board (A) grant a Special Permit for the development and construction of a Continuing Care Retirement Center on the Property, (B) grant a Special Permit for Site Plan Review for the Petitioner's proposed CCRC, (C) grant a waiver of compliance with the minimum parking requirements stated in Section 13.5.f.2 of the Zoning Bylaw for the Petitioner's proposed CCRC, (D) grant a waiver of the Fiscal Impact and the Community Impact requirements referred to in Sections 8.3.5.e.xxii and xxiii respectively of the Zoning Bylaw, and (E) make findings regarding those matters referred to in Section (E) above and discussed with and confirmed by the Planning Board on October 21, 2008. CLARIFICATION: Any references in the plans to Keystone Senior, LLC or The Gralia Group are intended to refer to the Petitioner--Elm Development Services, L.L.C. 12 Prht Form � µoftt'N I�FCEIVE c T _& �" E,, I� I C E NOV 13 AM 10: 14 CHtiS��°J PLANNING DEPARTMENT ►RTH AN01 Community Development Division vSi+ ' Special Permit— Continuin Care Retirement Center, A lication 11 Please type or print clearly. 1.Petitioner: Elm Development Services, L.L.C. Petitioner's Address: 200 North Main Street, Suite 204, East Longmeadow, MA 01028 Telephone number:413-525-4585 X12 2.Owners of the Land:Boston Hill Development, LLC c/o Mesiti Development Corporation Address: 100 Andover By-Pass, North Andover, MA 01845 Number of years of ownership: 11 3.Year lot was created: 1998 4. Description of Proposed Project: The project consists of a 125 unit Continuing Care Retirement Center 5.Description of Premises:33.35 acres located at 1275 Turnpike Street 6.Address of Property Being Affected: 1275 Turnpike Street Zoning District: Village Residential Assessors Map: 107A Lot#: 149,283, 284 Registry of Deeds:Book#:4932 Page#: 127 7. Existing Lot: Lot Area(Sq.Ft): 1,452,596 Building Height:N/A Street Frontage: 1,123 Side Setbacks: N/A Front Setback: N/A Rear Setback:N/A Floor Area Ratio: N/A Lot Coverage:N/A 8. Proposed Lot(if applicable): Lot Area(Sq.Ft): 1,452,596 Building Height:49'2" Street Frontage: 1,123 Side Setbacks: 150+/- Front Setback: 73* Rear Setback:980+/- Floor Area Ratio: •093 Lot Coverage:0.03 *See Zoning variance Decision #2009-011 Granted Sept. 2009 9.Required Lot(as required by Zoning Bylaw): Lot Area(Sq. Ft): 1,089,000 Building Height:35' Street Frontage:250 Side Setbacks: 100 Page l 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.townofnorthandover.com Edited 8/1/07 Front Setback: 100 feet Rear Setback: 100 feet Floor Area Ratio: NSA Lot Coverage:25%max 10.Existing Building(if applicable): Ground Floor(Sq. Ft.): #of Floors: Total Sq.Ft.: Height: Use: Type of Construction: 11.Proposed Building: Ground Floor(Sq.Ft.):23,980 #of Floors:4 Total Sq.Ft. 135,454 Height:49'2" Use: Continuing Care Retirement Ctr Type of Construction: 5A-Protected 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?Town Homes 13.Section of Zoning Bylaw that Special Permit Is Being Requested Section 13 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 Boa7, — and u a'ons y result in a dismissal by the Planning Board of this application as tt, Petitioner' 9sSignature Print or type name here: Ernest A. Gralia, III Owner's Signature: Print or type name here:Anthony Mesiti 15.Please list title of plans and documents you will be attaching to this application. Special Permit Plan, Notice of Intent Plan and Stormwater Pollution Prevention Plan for The Arbors at North Andover, A Continuing Care Retirement Center Page 2 of 2 1600 Osgood Street,North Andover,IlIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofoorthandover.com Edited 8/1/07 Front Setback:400 feet Rear Setback:100 feet Floor Area Ratio:WA Lot Coverage:25%max 10.Existing Building(if applicable): Ground Floor(Sq.Ft.): #of Floors: Total Sq.FL: Height: Use: Type of Construction: 11.Proposed Building: Ground Floor(Sq.Ft.):23,980 #of Floors:4 Total Sq.Ft.135.454 Height:49'2' Use:Continuing Care Retirement Ctr Type of Construction:5A-Protected 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?Town Homes 13.Section of Zoning Bylaw that Special Permit is Being Requested Section 13 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. Petitioner's Signature: Print or type name here:Ernest A.G is III Owner's Signature: Print or type name here:Anthony iti 15.Please list title of plans and documents you will be attaching to this application. Special Permit Plan, Notice of Intent Plan and Stormwater Pollution Prevention Plan for The Arbors at North Andover, A Continuing Care Retirement Center I Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2.36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorlhandover.com Edited 8J1/07 BK 4932 PG 127 j QUITCLAIM DEED y Boston Hill Ski Area, Inc., a Massachusetts corporation duly established under the laws of the Commonwealth of Massachusetts, located at Turnpike Street, North Andover, for consideration and in full consideration of Eight Hundred Thousand($800,000.00)Dollars GRANTS TO limited liability company with its mailing Boston Hill Development, LLC a MassachusettstY P Y address of 11 Old Boston Road, Tewksbury,Massachusetts 01876 withlsUITCLAIM COVENANTS the following described property which is in three (3) parcels on the westerly side of Salem Turnpike, otherwise known as Route 114, in said North Andover, and as shown on Plan numbered 5,000, recorded May 8, 1964 in Essex North District Registry of Deeds and designated as "Plan of a Portion of Land of John C. Famum, North Andover, Mass., Prepared for Boston .Ski Development Corp., Route 114, North Andover,by Raymond C. Pressey, Inc., Registered Land Surveyors". Parcel I is bounded and described as follows: Parcel 1: JAN 2%P912'33 NORTHERLY: two hundred thirty (230)feet, more or less,by a stone wall; EASTERLY: six hundred thirty (630)feet, more or less; NORTHERLY: three hundred (300) feet, more or less, the last three bounds all by land now owned by the grantor; SOUTHWESTERLY: but more WESTERLY, in a curved line in three courses, of hundred twenty-three(123) feet, more or less, one hundred fort# five (145) feet, more or less, and four hundred sixty (4601 fe more or less, by land now or formerly of the grantor; WESTERLY: by the stone wall and land now or formerly of William Sherid nine hundred ninety-eight (998) feet, more or less. The Northwesterly corner is at a comer in the stone wall twelve hundred(1,200)feet,more or less, from the Salem Turnpike. Parcel 2 consists of all the right, title and interest the grantor may have in the following premises,contiguous to Parcel 1, and is bounded and described as follows: i i Parcel 2: Beginning at the Northwesterly corner of the premises previously described as Parcel 1, thence running: SOUTHERLY: fifty (50) feet by Parcel 1, to the comer of the stone wall; thence turning and running �g -- — --I--- — _ BK 4932 PG t28 WESTERLY: by a stone wall five hundred twenty (520) feet, more or less, by land now or formerly of William Sheridan to Chestnut Street and the corner of a stone wall;thence turning and running NORTHERLY: fifty (50)feet, more or less, by said stone wall to Chestnut Street, as shown on said plan, to a corner of a stone wall; thence turning and running EASTERLY: five hundred ten(510) feet, more or less, along said stone wall, to the point of beginning. The total area of Parcels 1 and 2 contain approximately ten (10) acres, more or less, these parcels 1 and 2 intended to be the remainder of the thirty-three(33)acres,more or less, shown on the said plan numbered 5,000, being described thereon as "Area of Proposed Amendment from Rural Residence to General Business", the balance of which area is further described hereon as Parcel 3. Parcel 3 is bounded and described as follows: Parcel 3: The premises be at a point being the southeasterly corner of the premises described on said plan numbered 5,000, thence running: NORTHWESTERLY: by said Salem Turnpike thirteen hundred sixty (1,360)feet, more or less, to a stone wall by land now or formerly of Margaret R. Simon; thence turning and running NORTHWESTERLY: but more WESTERLY: by said land now or formerly of Margaret R. Simon, and by land now or formerly of William Sheridan, nine hundred seventy(970) feet, more or less, along a stone wall and fence; thence turning and running SOUTHEASTERLY: but more SOUILLERLY: by land of John C. Farnum, also known as John C. Farnham, six hundred thirty (630) feet, more or less, by Parcel 1 to other premises of said John C. Farnum, alias, heretofore leased to the Massachusetts Institute of Technology, notice of which lease is recorded with Essex North District Registry of Deeds, Book 851, Page 401;thence turning and running EASTERLY: by said other premises of John C. Farnum, alias, three hundred (300)feet,more or less; thence turning and running SOUTHEAST: four hundred (400)feet, more or less; SOUTHEASTERLY: but more EASTERLY: three hundred sixty-five(365)feet, more or less; SOUTHEASTERLY: but more SOUTHERLY: two hundred(200)feet, more or less; and EASTERLY: three hundred seventy-five (375) feet, more or less, to the point of beginning. 2 . any G'�, , BK 4932 1 V 12269 • All of the three boundaries are by land now or formerly of John C. Famum,alias. The above described premises are shown on Essex North District Registry of Deeds Plan No. 5000 as containing 33 acres, more or less, being located on the westerly side of Salem Turnpike, Rt. 114. The above described Parcel 1, Parcel 2,.and Parcel 3 (in addition to being shown on Plan No. 5000)are also more particularly shown on a certain plan of land entitled "Subdivision of Land, Boston Hill Ski Area, Inc. in North Andover, MA, Teton Land Consultants, Inc., dated 11/30/87, scale V=80 feet, sheet 1 of 1", said sheet being recorded as pan of Plan No. 11432 with Essex North District Registry of Deeds. Said Plan No. 11432 shows the above conveyed parcel as being comprised of Lot 1 (5.6 acres), Lot 2 (13.5 acres), Lot 3 (13.7 acres) along with the roadway (unnamed and containing .33 acres). As stated in Note F of said Plan No. 11432, the total parcel area is 33.35 acres, and reference may be had to said plan 11432 for a more particular description of the above-referenced parcel. Being the same premises conveyed to the Grantor by deed of John C. Farnum, also known as John C. Farnham recorded with the Essex North District Registry of Deeds at Book 1182, Page 132. IN WITNESS WHEREOF, the said Boston Hill Ski Area,Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, sealed, acknowledged and delivered in its name and behalf by Robert Dunn, its President and Treasurer hereto duly authorized, as of the Erday of An 19� Boston Hill Ski Area, Inc. h B s �� x y Robert , President and ^r Treasurer La w y a w o r ci CR 3 BK 4935'21 FIG 130 COMMONWEALTH OF MASSACHUSETTS ESSEX,ss January a, 1998 Then personally appeared the above-named Robert Dunn, President and Treasurer of Boston Hill Ski Area, lac. and acknowledged the foreg • g instrument to be his free act and deed, and the free act and deed of Boston Hill Ski , ,be No blit commission expires: g:komvron\realto\c iosings\mesiti\bsm-hit.ski\deed.doc MICHAEL DANA ROSEN Notary Public My Commission Expires October 13,200u 4 OWNER'S AFFIDAVIT AND DESIGNATION OF AGENT I. OWNERSHIP Boston Hill Development, LLC hereby deposes and states that it is the owner of the real property located at 1275 Turnpike Street (former Boston Hill property) (denoted as Parcels 149, 283, and 284 on the Town of North Andover's Assessors Map 107.A), North Andover, Massachusetts (the "Property") and comprising the site identified in the Application for a Variance which is to be filed by Elm Development Services, L.L.C. as applicant in connection with Elm Development Services, L.L.C.'s development of the Property as a continuing care retirement center (the "Application"). II. DESIGNATION OF AGENT Boston Hill Development, LLC, the owner of the Property, does hereby appoint and authorize as its agent Elm Development Services, L.L.C. (1) to represent Boston Hill Development, LLC regarding the Application and to appear on Boston Hill Development, LLC's behalf before any administrative or legislative body in North Andover, Massachusetts, considering the Application and to act in all respects as Boston Hill Development, LLC's agent in all matters pertaining to the Application, and (2) to represent Boston Hill Development, LLC regarding any other applications filed or which may be filed by Elm Development Services, L.L.C. as applicant in connection with Elm Development Services, L.L.C.'s development of the Property as a continuing care retirement center including, without limitation, the Application for Special Permit and the Application for Site Plan Review (the "Other Applications") and to appear on Boston Hill Development, LLC's behalf before any administrative or legislative body in North Andover, Massachusetts, considering the Other Applications and to act in all respects as Boston Hill Development, LLC's agent in all matters pertaining to the Other Applications. Signed under the pains and penalties of perjury on this day of July, 2009. BOSTON HILL DEVELOPMENT, LLC By: Anthony Mesiti Authorized Signatory I f ; f .--C IVED MEMORANDUM IN SUPPORT OF APPLICATION `��t .o- "` OFFICE FOR SPECIAL PERMIT— CONTINUING CARE RETIREMENjI i(?! AND APPLICATION FOR SPECIAL PERMIT—SITE PLAN RE }rye14 I 0,1I4 rc; V TII ANDO' VE TO: Town Of North Andover Planning Board I4� SA[;,�-!Us)t' .r FROM: Elm Development Services, L.L.C. DATE: November 12, 2009 SUBJECT: Special Permit Application — Continuing Care Retirement Center and Special Permit Application — Site Plan Review for proposed 125-apartment Continuing Care Retirement Center 12 pages Petitioner: Elm Development Services, L.L.C. 200 North Main Street, Suite 204 East Longmeadow, MA 01028 Property: 1275 Turnpike Street, North Andover, Massachusetts Introduction Elm Development Services, L.L.C. (the "Petitioner") intends to develop and construct an approximately 135,000 square foot, 125-apartment Continuing Care Retirement Center (the "CCRC") on the property located at 1275 Turnpike Street (the "Property"). The Property is the site of the former Boston Hill ski area, and is owned by Boston Hill Development, L.L.C. The area immediately surrounding the Property is a mix of residential, commercial and institutional development. The Property is located within a Village Residential District. Section 13 of the Zoning Bylaw provides that the use of property located in a Village Residential District as a Continuing Care Retirement Center is allowed by special permit. The Property is subject to a permanent Conservation Restriction from Boston Hill Development, LLC (the current owner of the Property) to the Town of North Andover, dated June 13, 2006 and recorded with the Essex North Registry of Deeds in Book 10282, Page 272 (the "Conservation Restriction"). The Conservation Restriction, which was placed on the Property prior to the Petitioner's involvement with the Property, is applicable to 18.74 acres of the approximately 33.35 acre parcel. As part of the Petitioner's proposed development of the property as a CCRC, the Petitioner is in the process of obtaining the requisite approvals to reconfigure the Conservation Restriction area to accommodate the proposed CCRC and to increase the Conservation Restriction area from 18.74 acres to 25.14 acres. 1 The North Andover Zoning of Appeals granted the Petitioner (i) a variance from Section 13.5.d.1 and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy-three (73) feet from the perimeter of the property line, and (ii) a dimensional variance from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height from thirty-five (35) feet to forty-nine (49) feet, two (2) inches (Zoning Board of Appeals Decision 2009-011, Year 2009). Discussion The Petitioner requests that the Planning Board (A) grant a Special Permit for the development and construction of a Continuing Care Retirement Center on the Property, (B) grant a Special Permit for Site Plan Review for the Petitioner's proposed CCRC, (C) grant a waiver of compliance with the minimum parking requirements stated in Section 13.5.f.2 of the Zoning Bylaw for the Petitioner's proposed CCRC, (D) grant a waiver of the Fiscal Impact and the Community Impact requirements referred to in Sections 8.3.5.e.xxii and xxiii respectively of the Zoning Bylaw, and (E) make findings regarding certain matters discussed with and confirmed by the Planning Board at its October 21, 2008 meeting. (A) REASONS IN SUPPORT OF THE PETITIONER'S PROPOSED CCRC BEING IN COMPLIANCE WITH THE FOLLOWING STANDARDS ARE AS FOLLOWS: 1. ENCOURAGING THE MOST APPROPRIATE USE OF LAND. The Property is located within a Village Residential District, and the proposed use of the Property as a Continuing Care Retirement Center is a use allowed in such district by special permit. The Petitioner's proposed CCRC is residential in character and is not inconsistent with the character of the Village Residential District which contemplates residential uses. The Petitioner's proposed CCRC also fulfills the purposes of Section 13 of the Zoning Bylaw which includes encouraging the preservation of open spaces; allowing for new elderly housing that causes relatively little demand on Town services; and preserving the Town's residential character. Given the foregoing, the Petitioner's use of the Property as a CCRC encourages the most appropriate use of land. 2. PREVENTING OVERCROWDING OF LAND. The lot coverage for the Petitioner's proposed CCRC is 3%, which is substantially less than the permissible lot coverage of 25%. Additionally, as earlier mentioned, at least 18.74 acres (and up to 25.14 acres) of the 33.35 Property will be maintained as open space under the Conservation Restriction. Given the 3% lot coverage and the substantial amount of open space under the Conservation Restriction, the Petitioner's proposed development of a CCRC on the Property will not result in overcrowding of P P rtY the land. 2 3. CONSERVING THE VALUE OF LAND AND BUILDINGS. As mentioned, at least 18.74 acres (and up to 25.14 acres) of the 33.35 acre property will be maintained as open space under the Conservation Restriction. Further, the Petitioner's proposed CCRC will be situated on the Property so as to minimize disturbance of the Property's steep slope, to maximize retention of natural topographic features, and to minimize tree, vegetation and soil removal and grade changes. The Petitioner's proposed use will therefore encourage the preservation of open space and the promotion of more efficient use of land in harmony with natural features, and will further encourage the conservation of natural resources and scenic qualities. Given all of the foregoing, the Petitioner's proposed development of a CCRC on the Property will conserve the value of the land. Further, the design of the Petitioner's proposed CCRC will be in harmony with and will be compatible with the prevailing character of the buildings in the zoning district in which the Property is located and of adjacent properties, thereby conserving the value of buildings. 4. LESSENING CONGESTION OF TRAFFIC. State Route 114 is adequate to carry the additional traffic to be generated by the construction of the Petitioner's proposed 125-apartment CCRC on the site. Based upon the Traffic Impact & Access Study conducted by Dermot J. Kelly Associates, Inc. for the Petitioner's proposed CCRC, it has been determined that there is sufficient capacity at the proposed intersection to accommodate the Petitioner's proposed CCRC, and that the overall traffic-related impacts will not create any adverse impacts on traffic operations that would require any additional roadway improvements at the proposed site drive. Additionally, the site design provides for safe vehicular and pedestrian movement within the Property, and the Petitioner's proposed use will not create undue on-street or off-street traffic congestion as adequate off-street parking will be provided. 5. PREVENTING UNDUE CONCENTRATION OF POPULATION. The Petitioner's proposed CCRC will have 25 fewer units than the permissible dwelling unit density. This reduced dwelling unit density will prevent undue concentration of population. 6. PROVIDING ADEQUATE LiGHT AND AIR. The provision of adequate light and air will be insured through the Petitioner's compliance with Zoning Bylaw requirements in determining the 3 sizing of the building and its placement on the Property, and through the building design itself. While the Petitioner has received height and setback variances for the proposed CCRC, the location of the building on the Property and the design of the building will eliminate any potential adverse impact on light and air attributable to the height of the proposed building and the reduced set back. Further, the building design incorporates properly sized and placed window systems which are intended to secure adequate light and ventilation for the building. As well, with the exception of the Congregate Care with Services Plus units, each of the units will have a spacious balcony providing access to outdoor space. 7. REDUCING THE HAZARDS FROM FIRE AND OTHER DANGER; PUBLIC SAFETY. All applicable public safety(including fire safety and suppression devices) will be provided as required by law. Further, in recognition of the unique requirements of the elderly for protection against the hazards due to fire, the Petitioner's proposed CCRC will be equipped with a sprinkler system in accordance with the provisions of the National Fire Protection Association (NFPA 13D). The Petitioner's proposed CRRC will also have 24-hour staffing and an emergency response system (via call system to each apartment). Hazards from fire and other danger will therefore be reduced. 8. ASSISTING IN THE ECONOMICAL PROVISION OF TRANSPORTATION, WATER, SEWAGE, SCHOOLS, PARKS AND OTHER PUBLIC FACILITIES. The building has been designed to meet or exceed all code requirements to keep water and therefore sewerage generation as low as possible. Also, the proposed landscaping has been designed to specify drought resistant plants to the extent feasible to reduce the need for outside watering. Further, because the Petitioner's proposed CCRC will be an age-restricted community, it will not impact the school system. And the Petitioner's proposed CCRC will not place an undue burden on Town services and public facilities including transportation (the Petitioner's proposed CCRC will provide scheduled transportation), water usage, rubbish collection (the Petitioner's proposed CCRC will be responsible for its own trash removal), and involvement of the Department of Public Works and other municipal services (the Petitioner's proposed CCRC will provide supportive services and continuous oversight to its elderly residents). 4 9. CONTROLLING THE USE OF BODIES OF WATER, INCLUDING WATERCOURSES. The site design prepared by the civil engineering consultant, Marchionda & Associates, includes a detailed hydrological analysis and report that clearly demonstrates that runoff from the site will be managed such that there will not be any adverse impact on any bodies of water, watercourses or abutting properties as a result of the Petitioner's proposed development. 10. REDUCING THE PROBABILITY OF LOSSES RESULTING FROM FLOODS. As mentioned above, the site design includes a detailed hydrological analysis and report that clearly demonstrates that runoff from the site will be managed such that there will not be any adverse impact on any bodies of water, watercourses or abutting properties as a result of the Petitioner's proposed development. Runoff from the undeveloped portions of the site are designed to be routed around the proposed building and associated parking areas and to drain into the watersheds consistent with the existing conditions. Runoff from the developed portions of the site, such as the building and parking areas, is captured, treated to reduce the percentage of total suspended solids to be at or below levels permitted by The Massachusetts Department of Environmental Protection and the North Andover Conservation Commission before being recharged back into the native soils and/or discharged into the onsite wetlands at rates that are less than the runoff rates attributable to the existing conditions. As a result there will not be any increase in flooding into bodies of water, watercourses or onto any abutting properties as a result of the implementation of the proposed site improvements. 11. RESERVING AND INCREASING THE AMENITIES OF THE TOWN, ETC. At least 18.74 acres (and up to 25.14 acres) of the 33.35 acre property will be maintained as open space under the Conservation Restriction, and the Petitioner's proposed CCRC will result in the creation of a trail system on the property with public access, thereby reserving and increasing the amenities of the Town. 5 (B) REASONS IN SUPPORT OF THE SPECIAL PERMITS REQUESTED ARE AS FOLLOWS: 1. THE SPECIFIC SITE IS AN APPROPRIATE LOCATION FOR SUCH A USE, STRUCTURE OR CONDITION. The use of the Property as a proposed CCRC is a use allowed by special permit under the Town of North Andover Zoning By-Law, Section 13.1, entitled "Establishment'. 2. THE USE AS DEVELOPED WILL NOT ADVERSELY AFFECT THE NEIGHBORHOOD. Because the Petitioner's proposed CCRC is a use that is not intrusive and because the characteristics of the proposed CCRC are not inconsistent with the characteristics found along Route 114, the use as developed will not adversely affect the neighborhood. Further, the Petitioner's proposed CCRC meets or exceeds all zoning requirements, with the exception of building height and perimeter setback requirements for which variances have been granted by the Zoning Board of Appeals (Zoning Board of Appeals Decision 2009-011, Year 2009). 3. THERE WILL BE NO NUISANCE OR SERIOUS HAZARD TO VEHICLES OR PEDESTRIANS. State Route 114 is adequate to carry the additional traffic to be generated by the construction of the Petitioner's proposed 125-apartment CCRC on the site. Based upon the Traffic Impact & Access Study conducted by Dermot J. Kelly Associates, Inc. for the Petitioner's proposed CCRC, it has been determined that there is sufficient capacity at the proposed intersection to accommodate the Petitioner's proposed CCRC, and that the overall traffic-related impacts will not create any adverse impacts on traffic operations that would require any additional roadway improvements at the proposed site drive. Additionally, the site design provides for safe vehicular and pedestrian movement within the Property, and the Petitioner's proposed use will not create undue on-street or off-street traffic congestion as adequate off-street parking will be provided. 4. ADEQUATE AND APPROPRIATE FACILITIES WILL BE PROVIDED FOR THE PROPER OPERATION OF THE PROPOSED USES. The requested use will not overload or require expansion of any public water, drainage or sewerage system or any other municipal system. The Petitioner's proposed CCRC will be connected to municipal sewer and water services which are. already available on-site. As a result, no municipal system or service will be adversely affected. 6 5. THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING BYLAW. The purposes of Section 13 of the Zoning Bylaw in allowing CCRC's within the Town of North Andover include encouraging the preservation of open spaces; allowing for new elderly housing that causes relatively little demand on Town services; and preserving the Town's residential character. The Petitioner's' proposed CCRC accomplishes these purposes and is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Additionally, the Petitioner's proposed CCRC is of substantial benefit to the Town as a whole. It will satisfy an important and growing and acknowledged need for this type of housing, will provide a viable housing option for the elderly, will allow the elderly to remain independent while receiving a level of attention and services that meets their needs, and will allow the elderly population in North Andover to remain in town and continue to be a part of a residential community with daily socialization and interaction with other elderly residents. (C) REASONS IN SUPPORT OF PETITIONER'S REQUEST FOR A WAIVER OF COMPLIANCE WITH THE MINIMUM PARKING REQUIREMENTS STATED IN SECTION 13.512 OF THE ZONING BYLAW ARE AS FOLLOWS: The Petitioner's proposed CCRC will contain a combination of congregate units, congregate with services units, and congregate with services plus units. Section 13.5.f.2 of the Zoning Bylaw requires a minimum of one (1) parking space per unit. A total of 125 spaces are therefore required for the Petitioner's proposed CCRC under the Zoning Bylaw. However, based on the Petitioner's proposed use and the Petitioner's experience with similar projects, a parking ratio of one (1) space per unit greatly exceeds the actual demand. This matter is addressed in the North Andover Zoning Bylaw under section 8.1.4.a under the parking requirements of Elderly Housing Independent Units and Elderly Housing Assisted Units, where the requirement is reduced to 0.6 spaces per unit and 0.4 spaces per unit (plus 1 per 2 employees) respectively. The current plan proposes 97 parking spaces (see Sheet 2 of 18, Zoning Summary Notes, Note 6, denoting 68 congregate parking spaces, 21 congregate with services parking spaces, and 8 congregate with services plus parking spaces) (0.776 parking spaces per unit) which exceeds the Zoning Bylaw requirement for Elderly Housing but is less than the minimum requirement of one (1) space per unit under Section 13 of the Zoning Bylaw. Because the Petitioner's proposed CCRC units are congregate housing units and the occupants of the Petitioner's proposed CCRC must be at it least 62 years of age or older, the provision of 97 spaces will be more than sufficient to accommodate the actual parking demand for the Petitioner's CCRC. The Petitioner therefore requests that the PlanningBoard proposed q grant, pursuant to Section 13.5.f.2 of the Zoning Bylaw (which gives the Planning Board the discretion to waive the Petitioner's compliance with the parking 7 requirements of the Zoning Bylaw), a waiver of the Petitioner's compliance with the minimum parking requirements stated in forth in Section 13.5.f.2 of the Zoning Bylaw. (D) REASONS IN SUPPORT OF PETITIONER'S REQUEST FOR A WAIVER OF THE FISCAL IMPACT AND THE COMMUNITY IMPACT REQUIREMENTS REFERRED TO IN SECTIONS 8.3.5.e.xxii 'AND xxiii RESPECTIVELY OF THE ZONING BYLAW ARE AS FOLLOWS: The Petitioner's proposed CCRC is not expected to have any impact on school enrollment given that school-age children will not be present in the Petitioner's proposed CCRC because of the age restriction. As well, the Petitioner's proposed CCRC will contribute to the Town's tax revenues, thereby providing a fiscal benefit to the Town, and the Petitioner's proposed CCRC is not expected to negatively impact public services and facilities (e.g., the Petitioner's proposed CCRC will provide scheduled transportation and supportive services and continuous oversight to its elderly residents and will be responsible for its own trash removal). Additionally, the Petitioner's proposed CCRC will result in the creation of approximately 50 permanent full-time and part-time positions, and is not expected to negatively impact adjacent property values. In terms of the impact of the Petitioner's proposed CCRC on traffic, a traffic impact analysis is included in the Petitioner's application for a Special Permit for Site Plan Review. Architectural design will be guided by renderings and plans that have been and will continue to be presented and/or submitted by the Petitioner to the Town as part of the permitting process. As mentioned, the Zoning Board of Appeals granted the Petitioner a building height variance for the pitched roof design which the Planning Board supported as they; felt it would be compatible with the architecture of the local residential neighborhood and that it would easily blend in with the topography of the site. The permitting process along with the Petitioner's established track record of developing; attractive and aesthetically appealing communities will ensure that the Petitioner's proposed CCRC will be well designed, attractive, and compatible with:the surrounding area and with local and regional plans. The Petitioner's proposed CCRC will fulfill an acknowledged need in the community for this type of facility, and the development of a CCRC on the Property in lieu of the currently permitted condominium development will result in an increase in open space. (E) PETITIONER'S REQUEST FOR PLANNING BOARD FINDINGS ON.CERTAIN MATTERS: The Petitioner requests the Planning Board to make the following findings regarding the following matters discussed with and confirmed by the Planning Board at its October 21, 2008 meeting: 8 1. Section 4.2 (Phased Development Bylaw) of the Zoning Bylaw is not applicable to the Petitioner's proposed development of a CCRC on the Property for the following reasons: Section 4.2 of the Zoning Bylaw states that it applies to, among other things, site plan review applications and special permits which would result in the creation of a new dwelling unit or unit (Section 2.35 of the Zoning Bylaw defines a "dwelling unit" as "one or more rooms, including cooking facilities and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes"). Based upon a reading Section 4.2 as a whole, Section 4.2 is intended to apply to subdivisions ;and not to the construction of a Continuing Care Retirement Center (CCRC) consisting of a single building containing congregate housing units (e.g., there are references to building lots in Section 4.2 and one of the headings under the Phased Development Schedule in Section 4.2.4.a is entitled "Number of Units in Subdivision (emphasis added) Development"). While the Petitioner's proposed use as a CCRC will have a site plan review application and special permit resulting in the creation of new dwelling units, the Petitioner's proposed CCRC is nota subdivision. Section 4.2 of the Zoning Bylaw is therefore not applicable to the Petitioner's proposed use as a CCRC. If, however, Section 4.2 is deemed to be applicable to the Petitioner's proposed use as a CCRC, then the exemption to the Phased Development Bylaw, contained in Section 4.2.6.d is applicable. Section 4.2.6.d provides an exemption to the Phased Development Bylaw where the occupancy of dwelling units is restricted to persons over the age of 55 years through a properly executed and recorded in perpetuity deed restriction running with the land. The Petitioner's proposed use as a CCRC for the "elderly" falls within this exemption. The term "elderly" is defined in Section 13.3.e as "A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whom is 62 years of age or older." 2. No permit other than a building permit is required for earth removal operations incidental to construction of the Petitioner's proposed CCRC for the following reasons: Section 5.5.2 of the Zoning Bylaw, states in part "Where soil is to be removed in connection with the preparation of a specific site for building removal may take place only after the issuance of a building permit by the Building Inspector". The foregoing 'is indicative that a building permit is intended to apply to earth removal 'operations incidental to construction. Based upon the experience of Paul Marchionda from Marchionda & Associates, L.P., it has been the custom in North Andover not to require an earth removal permit when earth removal operations are taking place as part of construction because earth removal is customarily incident to 9 construction and the building inspector has jurisdiction pursuant to the building permit. It is Petitioner's position that other provisions of Section 5 relating to permitting are therefore not applicable to the Petitioner's proposed CCRC development. 3. Section 13.5.d.1 of the Zoning Bylaw does not prohibit the construction of a paved parking area within the 100 foot CCRC perimeter setback area for the following reasons: Section 13.5.d.1 of the Zoning Bylaw states in part: "Perimeter Setback. The setback area is intended to provide a perimeter greenbelt around the CCRC except for road and utility crossings. No building or other structure shall be located within one hundred (100) feet of perimeter lines of CCRC parcel. Common open space lying within a setback area shall qualify as fulfilling this requirement." The term "greenbelt" is not defined in Section 2 (Definitions) or Section 13 (Continuing Care Retirement Center) of the Zoning Bylaw. Section 13.5.e of the Zoning Bylaw describes "Common Open Space" as "Land within the CCRC parcel or lot which is not specifically reserved for the support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas, or services areas which is not set aside as private yards, patios or gardens for residents." Based upon the foregoing, the parking area does not constitute Common Open Space. Section 2.26 of the Zoning Bylaw defines a "building as "a structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or property." Section 2.68 of the Zoning Bylaw defines a "structure" as "a combination of materials to form a construction that is safe and stable, including, among other buildings (emphasis added), stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs, the term structure shall be construed as if followed by the words 'or part thereof"'. Section 2.56 of the Zoning Bylaw defines "Parking Area, Private" as "an open area for the same uses as a private parking garage." Section 13.5.d.1 of the Zoning Bylaw expressly prohibits a "building" or "other structure" but does not expressly prohibit a parking area within the CCRC perimeter setback area. It is clear from the definition of a private parking area (i.e., an open area) that it does not constitute a building or structure within the meaning of the Zoning Bylaw. That Section 13.5.d.1 of the Zoning Bylaw expressly prohibits a building or structure but not a parking area within the perimeter setback area is indicative that a parking 10 area was not intended to be prohibited within the perimeter setback area and is not inconsistent with the intent of the perimeter setback. Note: The definition of "Structure" in the most recent Zoning Bylaw now Y states that the term "structure" does not include "parking lots", which further supports the Petitioner's position. 4. The proposed CCRC is an allowable use in a Village Residential district because the use is allowed by Special Permit under Section 13 of the Zoning Bylaw; and that a CCRC is not denoted as an allowable use in Table 1 of the Zoning Bylaw is an error. While Section 13.1 of the Zoning bylaw clearly states that the use of property located in a Village Residential District as a CCRC is allowed by special permit, Table 1 of the Zoning Bylaw does not denote a CCRC as an allowable use in a Village Residential district by special permit. Per the Table of Revisions of the Zoning Bylaw, Section 13 was added to the Zoning Bylaw in 1988. An explanation for this inconsistency between Section 13 and Table 1 is that Table 1 was inadvertently not updated to reflect the addition of Section 13 to the Zoning Bylaw. In any event, Table 1 contains a note which states "This Chart is for summary information purposes only and is not a substitute for the detailed District Use Regulations in Section 4 of this Bylaw." The absence in Table 1 of a CCRC as an allowable use in a Village Residential District by special permit is of no import in light of the note that the chart is for "information purposes and is not a substitute" for the detailed District Use Regulations in Section 4 (which section is effectively amended by the addition of Section 13 to the Zoning Bylaw). 5. Footnote 1 under Table 1 does not prohibit parking within the first fifty (50) feet of the front setback along Route 114 in a Village Residential District for the following reasons: The first sentence of Footnote 1 of the Zoning Bylaw states "In all districts except Village Commercial and any Corridor Development District, front setbacks along Route 114 shall be a minimum of 100'. The second sentence of Footnote 1 states "Front setbacks shall be 100' along 125 in Industrial 1 and 2 District"; the first 50' of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted." Given the semicolon in the second sentence which joins two closely related main clauses, the parking prohibition within the 50' setback area relates solely to front setbacks along [Route] 125 in Industrial 1 and 2 Districts and does not relate to the front setback along Route 114 in a Village Residential District. 11 Conclusion For the foregoing reasons, the Petitioner respectfully requests that the Planning Board (A) grant a Special Permit for the development and construction of a Continuing Care Retirement Center on the Property, (B) grant a Special Permit for Site Plan Review for the Petitioner's proposed CCRC, (C) grant a waiver of compliance with the minimum parking requirements stated in Section 13.5.f.2 of the Zoning Bylaw for the Petitioner's proposed CCRC, (D) grant a waiver of the Fiscal Impact and the Community Impact requirements referred to in Sections 8.3.5.e.xxii and xxiii respectively of the Zoning Bylaw, and (E) make findings regarding those matters referred to in Section (E) above and discussed with and confirmed by the Planning Board on October 21, 2008. CLARIFICATION: Any references in the plans to Keystone Senior, LLC or The Gralia Group are intended to refer to the Petitioner--Elm-Development Services, L.L.C. 12 Town n o North Andover el r10RTF Office of the Planning Department C n/. Health Community Development and Services Dil Fire Chief Police Chief 1.600 Osgood St. Bldg.20-Suite 2-36 Town Clerk DPW/Engineers North.Andover.,Massachusetts 01845 Surrounding Towns http:/ w—ww.townofnorthandover com P (978) 688-9535 F (978)688-9542 LEGAL AD FOR PUBLICATION TUESDAY DECEMBER 1,&8,2009 CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING,TUESDAY,DECEMBER 15,2009 @ 7:00 PM. In accordance with the provisions of M.G.L.Chapter 40-A,Section 11,of the North Andover Bylaw the Planning Board will hold a public hearing as follows: Purpose of Public Hearing:. Application for Site Plan Review Special Permit, Section 8.3 and 10.3, and Continuing Care Retirement Center Special Permit,Section 13. To construct a 125-unit apartment Cqritinuing Care Retirement Center. Property is on the site of the former Boston-Hill ski area located on Rte. 114 within the V-R zoning district. ti.^ /Petition er Development Services,LLC,200 North Main Street,Suite 204, pp,,.,ant, '2„ Elm App East Longmeadow,MA 01028 Owner: Boston.Hill Development,LLC c/o Mesiti Development Corp, 100 Andover By-Pass,North Andover,MA 01845 Address of Premises Affected 1275 Turnpike Street,North Andover,MA 01845 Assessors Map and Lot: Map 107A,Parcel 149,283,284 Public Hearing Date&Time Tuesday,December 15,2009 @ 7:00 pm. Location of Public Hearin 120 Main Street,North Andover,MA 2nd floor c/r. All interested persons may appear and be heard. For viewing the application materials please contact the North Andover Planning Department at(978)688-9535. John Simons,Chair,North Andover Planning Board ° m•.i� u� u�r�tv m��rr� s�„ +� c;� � � �San � .� - ,Cp pc+ W 2 ti u2—.ix s+ate u� 7.. mry m`�C C]4 i �^cuta uT a's� a 2-2 and ,� n �G1Rur " c4 a<. ,god u; E�L g©. r aLer 7 o`) Z�= um€tr f ' t f�i �'ce�Q i E wCm 14- z E a N a'[7 cLz� IA Q 4 4;;,7 G Z CLE �o$a ,� •� u..'e �"a cry � fi� i,�n�.� � �am�+'= � - ��tjasy c� <. oip�xgt. s1,c E 't$6f br= a 0a�d : Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineers Town of North Andover Surrounding Towns Office of the Planning Department + Community Development and Services Division 1600 Osgood St.,Bldg. 20-Suite 2-36 North Andover, MA 01845 LEGAL AD FOR PUBLICATION TUESDAY DECEMBER 1 & 8, 2009 TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING, TUESDAY, DECEMBER 15, 2009 @ 7:00 PM. In accordance with the provisions of M.G.L. Chapter 40-A, Section 11,the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Special,Permit, Section 8.1.8(g) for a reduction in parking as a result of converting 11,000 s.f of warehouse to 11,000 s.f. of manufacturing within the Industrial-I zoning district. Applicant/Petitioner: Muffin Realty Trust,351 Willow St.,North Andover,MA 01,845 Owner: Same as above Address of Premises Affected: 351 Willow Street,North Andover,MA 01845 Assessors Map and Parcel: Map 25,Parcel 76 Public Hearing Date &Time:: Tuesday,December 15, 2009 7:00 PM. Location of Public Hearing: 120 Main Street,North Andover, MA 01845 Any interested persons may appear and be heard. For viewing the application materials nleace. rnntart t1,P Antinver Planning Department at (978)688-9535. it) WC a ` cm F G_, John Simons Chairman "` Q ` `� U North Andover Planning Board m T's as ns of CZ _a c ca c t�v s3 E p M to x Q. N F t a e to qP >c, tta Z:C4 m IL rip E`* mLu�'> c:c r s' an c C ss Ma: i5 Cc fo, Z5usast , ° c°icmoa qua f? p�' c`b "D 41 ei n mac? auk ca ° u a,18 c°st us`ac n - Ur us o3 Rif w+as ccs C33 fd 4[1t3 " wail' um�'= qs Zt Q T tri-r- n E Ci. 'i es a ud c c G ap E u?� geCLf �` c _ ,. KC a� r.0 H. rE 6.7 = Cfl Q YT l rr a JAN-27-2010 WED 06:46 PM THE GRALIA GROUP FAX NO, 4135250313 K U2 San ?'i 1D 12- 17p NORTH nNDOVER 9786999542 r- 1 Al 9rs,. f Please time stamp both copies and ' � � 4x#4 return one copy to Mary Ippolrto. TC. I'�/�' ,,l 'A FAX # Thank you. FROM: Marr, :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. 'Dank you. "RREMS110R A CONIMANCE" SRNom: ftt+� ��,�lo��"��- l...l.-1, VA Oct ESS OF PREMISES AFFECTED Svee;e- C%4 755 ifs PHONE NUMBER: AREA CODE_{ j 1 j 13 "I WISH TO REQUEST A CONTINUANCE UNTIL 'IM NEXT SCHEDULED PLANNING I30ARD MEBTI q THEREFORE WAIVE THE,TIME CONSTRAINTS FOR ISSUING OF ANY AND/AIL DECISIONS ItELATCVE TO ANY/AND ALL PERMITS OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MA. SIGNED BY PETI ON ' YtE� NTATZVE: ` Sl attire Till in current date KXONTINVEANCE I I Town of North Andover ZONING BOARD OF APPEALS RECEIVED Albert P. lanai III,I?sq.Chairrizan TOWN CLAERKS OFFICE Ellen P.McIntyre,I ice-Chairman Richard) Byers Esq. Clerk t%ORTN q QQ Joseph D.LaC,iasse .!c st,a .. QOL SEP 22 PM 2: 35 Richard M.Vaillancourt H neiale L7embeas it TOWN fLu Thomas D.Ippolito 4L ^o �e«* NORTH ANDOVER Daniel S.Braesc,1?sq. zi4 ow,r.o.*"`�y MASSACHUSETTS 1 Michael P.Liporto 4S�1CHU5F� Town Clerk Time Stamp Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2009 notice in the office of the Town Clerk, per Mass.Gen.L. ch.40A, §17 Property at: 1275Turnpike Street NAME: Elm Development Services,LLC HEARING(S): August 11 &September 8,2009 Ernest A. Gralia,III ADDRESS: 1275 Turnpike Street(Map 107.A, PETITION: 2009-011 Parcel 149,283 and 284),North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday, September 8,2009 at 7:30 PM upon the application of Elm Development Services,LLC, 1275 Turnpike Street,(Map 107.A,Parcels 149,283,284),North Andover,MA. Applicant is requesting dimensional VARIANCE from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height and for a VARIANCE from Section 13.5.d.I and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy-three(73)feet from the perimeter of the front property line,within the Village Residential District. Legal notices were sent to all names on the abutter's list and were published in the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on July 27&August 3,2009. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Richard M.Vaillancourt, Michael P.Liporto and Thomas D.Ippolito` Upon a motion by Richard J.Byers and 2nd by Thomas D.Ippolito,the Board voted to GRANT a dimensional Variance from Section 13.5.d.I and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy- three(73)feet from the perimeter of the front property line,within the Village Residential District. Variance: Section 13.5.d.1 and Footnote I of Table 2 to allow construction of a porte cochere within seventy-three(73)feet from the perimeter Plan(s)Title: 1) Exhibit Plan"A"The Arbors at North Andover,by Marchionda& Associates,L.P.,dated February 12,2009; 2) "Conceptual Rendering:Assisted Porte Cochere",by Gori&Associates Architects,Received at September 8,2009 meeting; 3) "Setback Variance Plan",by Marchionda&Associates,L.P.,dated July 16, 2009,containing ten(10)sheets. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Richard M.Vaillancourt,Michael P. Liporto and Thomas Ippolito(5-0) Upon a motion by Richard J.Byers and 2nd by Richard M.Vaillancourt,the Board voted to GRANT a dimensional Variance from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height from thirty- five(35)feet to forty-nine(49)feet,two(2)inches: With the following condition(s): 1. The attic level shall not be used for living purposes and shall remain uninhabitable. Page 1 of 2 Variance: Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building hei t Plan(s)Title: 1) "Setback Variance Plan",by Marchionda&Associates,L.P.,dated July 16, 2009,containing ten(10)sheets. 2) Exhibit Plan"A"The Arbors at North Andover,by Marchionda&Associates, L.P.,dated February 12,2009; 3) "Conceptual Rendering:Assisted Porte Cochere",by Gori&Associates Architects,Received at September 8,2009 meeting; Voting in favor: Richard J.Byers,Richard M.Vaillancourt,Michael P.Liporto and Thomas I olito(4-1 Votingin the Ne alive: Ellen P.McIntyre The Board specifically finds that owing to circumstances relating to the soil conditions,shape,or topography of such land or structures and especially affecting such land or structures but not affecting generally the Village Residential zoning district,a literal enforcement of the provisions of the Bylaw would involve substantial hardship,financial or otherwise,to the petitioner,and that desirable relief maybe granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance(s)as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Ing North Andover Zoiiing"BoarOl f Appeals Ellen P.McIntyre, Vice Chairman Richard J.Byers,Esq.,Clerk Richard M.Vaillancourt Michael P.Liporto Associate.Member Thomas Ippolito Decision 2009-011 Page 2 of 2 Town of North Andover 'A RTh O6SEo y4r® Office of the Planning Department p� Community Development and Services Division x Bldg. ZBA 1600 Osgood Street Con/Com Health Bldg.20,Suite 2-36,Planning Dept. SSgCkus�� Fire Chief Police Chief North Andover,Massachusetts 01845 Town Clerk DPW/Engineers hU://wwwio-wnofnorthandover.com P (978)688-9535 F(978)688-9542 TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD FOR PUBLICATION TUESDAY,JUNE 17&JUNE 24,2W8. CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING,TUESDAY,jULY 1,2008. In accordance with the provisions of M.G.L. Chapter 40-A, Section 11,the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Special Permit under Section 8,9 (3)(a)(iii)& 10.3 of the North Andover Zoning Bylaw for renewal of a Special Permit by the Town of North Andover Planning Board authorizing the applicant to operate and maintain the existing wireless service facility on the existing concrete structure on the site. Property is located within the V R zoning district. Applicant/Petitioner: Bell Atlantic Mobile of Mass Corp.Ltd.,d/b/a Verizon Wireless. 400 Friberg Parkway,Westborough,MA 01581. Owner: John C. Farnum 426 Farnum Street,North Andover,M A01845 Address of Premises Affected Turnpike Street,a/k/a/Five Boston Street a/k/a 1275 Turnpike Street,North Andover,MA 01845 Assessors Map and Lot: Map 107C,Lot 11 Public Hearing Date&Time Tuesday,July 1,2008*a 7:00 PM Location of Public H North Andover Town Hall, 120 Main Street,2ndfloor All interested persons may ap ear and be heard.Persons needing special accommodations and/or W -�'� a c° •o Y _ m q>a 3 .a o m r bold contact the North Andover Planning v,of o am:� 0r3 o`om' LLo -a Z5 m r.omNmccnx > ° m ❑d�>t U+`a ' John S1n0IIS Chairmanz ¢ mo•c c i.c o �ouO- o wc,c 20 2011i - mltcv om � -Cc E�a=''avn co j m rno o c a o Q m m 1= rn m o Q J CSm�y, � �m�toma a+�,U)in 3 jam, �cmZS` c _W O;Z��sr m o o. ®;°' m`'a.o c�.w �.m ami m ter' { V LLZLL0•3 o t6 v d r-0=- o Ngo mo m� n� Q Z2 { s�D�tuyva�io��cca0" m=mLUQm�Qc."o' �mncm° _�_ J zn-Un�cn ca�.N o m ou d ca g ctE � t�Acm O1-v.¢ �.tom-m�-���o�>o01, -0 �j51- ap cu J ' z 0 v l'0='-c =1 z o 9 - w°m m.0 W g° m i'm o rn `nO 688-9530 HEALTH 688-9540 PLANNING 688-9535 3iNC-'O.m C C'L6�Cm� tUN Cvlc�.. =mm 7aQ CmCCdJ�+yQoLLQami7�or —C'_Gaf - oaaa�Er-y c?>Q d-TO�Q�a Q�co.� ;�ca f Uc �Za m m_�tm 3 Z Z cm aro w `c~il Town of North Andover Office of the Planning Department Community Development and ,, Services Division 27 Charles Street North Andover,Massachusetts 01845 �' c►as Telephone(978)688-9535 Fax(978)688-9542 Notice Of Decision Any appeal shall be filed Within (20) days after the a Date of filing this Notice o-c<)73 In the Office of the Town z Z co� Clerk > 50 M or"ao Date: May 15,2002 m A Date of Hearing: May 7, 2002 Petition of: Mesiti Development 231 Sutton Street North Andover MA Premises Affected: Route'114 Turnpulte Street across from Johnson Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 and 10.3. So as to allow: the construction of 96 age restricted town homes within the Village Residential Zoning District, After a public hearing given on the above date,the Planning Board voted to APPROVE, the Special Permit for Site Plan Review, based upon the following conditions: Signed: LfkjdWA�) t Sim Chairman Cc: Applicant rto Angles,Vice Chairman Engineer Richard Nardella, Clerk Abutters Felipe Schwarz DPW George White Building Department Conservation Department Health Department ZBA ATTEST: A True Copy Town Clerk BOARD OF APPEALS 688-9541 BUI DIK0 688-9545 CONSERVATION 688A530 HEALTH 688-9540 PLANNING 688-9535 i Boston Ski EWl Site Plan Review Special Permit The Planning Board hereby approves the Special Permit/Site Plan Review for the construction of 96 townhouses to be built upon the land shown on Map 107A& 107C,Lots 149&10,located in the village Residential zone. Mesiti Development,231 Sutton Street,North Andover,MA 01845,requested this Special Permit/Site Plan Review on April 17,2002. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Village Residential Zone and the use is multi-family residential. 2. The use as developed will not adversely affect the neighborhood, as the project is residential in nature. 3. There will be no nuisance or serious hazard to vehicles or pedestrians as indicated by the Traffic Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the Town's Outside Engineering Consultant,Vanasse Hangen Brustlin,Inc. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. 5. The site drainage system is designed in accordance with the Town Bylaw requirements. The drainage calculations submitted by Marchionda & Associates were reviewed with the Town's Outside Engineering Consultant,Vanasse,Hangen,Brustlin,Inc.and deemed to be acceptable. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 and for Special Permits as stated in Section 10.3 of the Zoning Bylaw. 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The facility will be connected to the municipal sewer system in the Town of North Andover. Moreover, the Town will not be responsible for maintaining or plowing any of the ways shown on the Site Plans. 8. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3(5) and(6) subject to the following conditions. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: Permit Definitions.- i) efinitions:i) The"Locus"refers to the 33.35 acre parcel of land adjacent to Route 114 also known as Turnpike Street and located across from Johnson Street,North Andover,Massachusetts. ii) The"Plans"refer to the plans prepared by Marchionda&Associates,L.P.dated June 20, 2001 and last revised April 12,2002,entitled`Boston Hill an Age-Restricted Community Boston Hill Special Permit Approval 1 I Located in North Andover,Massachusetts"consisting of Sheets 1 through 25 and Ll through L4. iii) The"Project"or`Boston Hill Condominiums"refers to the development of 96 age-restricted townhouse condominium units at the Locus in accordance with the Plans and the instant Special Permit. iv) The"Applicant"refers to Mesiti Development,the applicant for the instant Special Permit. v) The"Condominium Documents"refers to the condominium trust,master deed and rules and regulations of the Boston Hill Condominium vi) The"Board of Trustees"refers to the Board of Trustees of the Boston Hill Condominium. vii) The"Unit Owners"refers to the owners of the units at the Boston Hill Condominium viii)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 Board of Trustees of the Boston Hill Condominiums. 1) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: A) The final plans must be reviewed and approved by the Town's Outside Engineering Consultant, and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. B) The restriction providing that the Open Space Parcel (defined below) shall be retained in perpetuity as described below(the"Land Restriction")must be reviewed and approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than thirty(30)days after submission. i) The Open Space Parcel A shown on Sheet 23 of 25 of the Plans shall be owned by the Board of Trustees or organization of upit owners of Boston Hill Condominium as defined herein (the "Open Space Parcel'). A perpetual restriction running to or enforceable by the Town shall provide that the Open Space Parcel shall be retained in perpetuity for either conservation, agriculture or recreation purposes (the "Land Restriction"). All uses and structures shown on the Plans (such as, for example, drainage purposes)shall also be permitted under the Land Restriction.Moreover,the Open Space Parcel shall not be open or accessible to the general public but shall be devoted exclusively to the use and enjoyment of the residents and invitees of the Boston Hill Condominium; provided, however, that the'hiking trail shown on said Sheet 23 (and the six accessory parking spaces thereto)shall be open and accessible to the general public solely for hiking purposes. C) The Land Restriction shall be recorded.at the North Essex Registry of Deeds with a copy of the recording provided to the Planning Department. 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) A bond shall be posted (per agreement with the North Andover Planning Board)a Site Opening Bond/Erosion Control Bond in the total amount of twenty thousand($20,000.00) dollars for the purpose of covering any contingencies that might affect the public welfare such as site-opening, Boston Hill Special Permit Approval 2 clearing, erosion control and performance of any other condition contained herein. The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. C) A Slope Stabilization Bond in the amount of seventy-five thousand ($75,000) to be held by the Town of North Andover. The Slope.Stabilization Bond shall be in the form of a check made payable to the Town of North Andover that will be placed into an interest bearing escrow account. These monies may be utilized by the Town to ensure the stabilization of the slopes.These monies, or the balance thereof,will not be released until three years from the date of completion of slope construction. For purposes of this section, "date of completion of slope construction" shall be defined as the date that the Town's Outside Engineering Consultant certifies in writing to the Planning Board that the slopes have been constructed in accordance with the approved plans and this decision.Furthermore,the Town's Outside Engineering Consultant shall not make this determination until a joint site visit has been scheduled with the Planning Board. D) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Town's Outside Engineering Consultant. E) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning Staff. 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 written reports to the Board containing construction updates and any areas of non-compliance with the plans and conditions of approval. F) 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. G) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Town's Outside Engineering Consultant must be contacted prior to any cutting and or clearing on site. H) A pre-construction meeting must be held with the developer and their construction employees,the Community Development Director, Town Planner and the Town's Outside Engineering Consultant to discuss scheduling of inspections and inspections to be conducted on the project. 1) The developer must deposit fiords to pay for the Town's Outside Engineering Consultant to perform inspectional services for the construction of this project. The estimate of the cost of construction inspectional services will be calculated by the Town's Outside Engineering Consultant upon receipt of final endorsed site plans and other necessary construction documents and the final cost shall be set by mutual agreement of the Town's Outside Engineering Consultant and the developer. In the absence of mutual agreement,the Planning Board shall set the final cost. The reason for the Town's Outside Engineering._ Consultant performing the construction inspectional services is.that due to the enormity of the cutting and filling, erosion control and length of the roadways, the Department of Public Works is unable to perform inspections on a regular and timely basis. A Performance Guarantee in an amount to be determined by the Town's Outside Engineering Consultant, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include,but shall not be limited to: Boston Hill Special Permit Approval 3 i) as-built drawings; ii) sewers and utilities iii)roadway construction and maintenance iv)lot and site erosion control v) site screening and street trees vi)drainage facilities vii)site restoration viii)final site cleanup K) The developer must secure any necessary earth removal permits required under the Zoning Bylaw for the removal of earth from the Zoning Board of Appeals. The developer shall inform the Planning Departmeat/Planning Board of the final decision of the Zoning Enforcement Officer/ZBA,and provide revised plans as needed. L) The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. In accordance with General Condition 7(k)below, should the Community Development Director find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning Board, the developer is required to present the changes through a public hearing to the Planning Board for a modification to site plan approval. M) The water'booster station design requires approval from the Division of Public Works and Fire Department. The minimum criteria for domestic water system pressure is 20 PSI at any time, minimum domestic supply pressure of 35 PSI, a one day storage capacity if no standby system with the system design demand of 100 gallons per capita per day. Prior to the installation of the water booster stations, the applicant and/or developer must demonstrate to the Division of Public Works and Fire Department that domestic water service will have a supply pressure of 50 PSI with system design demand of 150 gallons per capita per day. Also that the minimum flow at any hydrant for fire protection is 1, 000 GPM with a residual pressure of twenty-five (25) PSI at hydrants adjacent to the hydrant being utilized. 3) DURING CONSTRUCTION A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed by the Town Planner, or in the absence of a Town Planner, the Community Development Director,throughout the construction process. B) Street sweeping must be performed, at least once per week, throughout the construction process, or more frequently as directed by the Town Planner or in the absence of a Town Planner, the Community Development Director. , C) The developer agrees that the normal working hours for construction of Boston Ski Hill will be from 7:00 a.m. to 7:00 p.m. Construction outside of these hours can only be permitted by a majority vote from the Planning Board to do so. Construction shall be limited to weekdays, Monday through Friday, during the above hours. Construction may occur on Saturday during the hours of 9 a.m.to 5 p.m.to facilitate a shorter construction period. D) Any stockpiling of materials (dirt,wood, construction material, etc.)must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered E) 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. Boston Hill Special Permit Approval 4 4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR ANY PHASE OF THE PROJECT. A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) The roadways for the applicable phase must be constructed to at least binder coat ofpavement to properly access the buildings in question. For the applicable phase,retaining walls shall be constructed and earth slopes shall be stabilized Prior to construction of the binder coat,the developer shall ensure that all required inspection and testing of water,sewer,and drainage facilities has been completed for the applicable phase. The developer must submit to the Town Planner and the Town's Outside Engineering Consultant an interim as-built,certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile sheet for the applicable phase. D) The developer must comply with the Growth Management Bylaw,Section 8.7 of the Town of North Andover Zoning Bylaw- provided,that the Planning Board finds that the developer qualifies for the exemption to the Growth Management Bylaw set forth in Section 8.7.6.d so long as the Master Deed references the below and incorporates Special Conditions 4(G),4(H)and 4(1) and is recorded prior to the issuance of any certificate of occupancy. E) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. F) The developer is required to pay sewer mitigation fees at the Department of Public Works.The fees paid shall be based on the number of bedrooms for which the building permit is sought.Proof of payment must be supplied to the Planning Department. G) Age Restriction and Age Restriction Deed Conditions: i) The units at the Pro j ect are intended for the housing of persons 55 years of age or older.These conditions are intended(a)to be consistent with the exemption under the Fair Housing Act, 42 USC section 3607(b),as amended,the regulations promulgated thereunder,24 CFR Subtitle B,Ch. 1,section 100.300 et sea.and Massachusetts General Laws chapter 151B, section 4(the"Housing Laws")and(b)to qualify the Project for the exemption to the Growth Management provision of the North Andover Zoning Bylaw set forth in section 8.7.6(4). ii) All occupied units at the Project shall be occupied by at least one person who is age 55 or older(the"Qualified Occupant';provided,however,that in the event of the death of the Qualified Occupant(s)of a unit,or the foreclosure or other involuntary transfer of a unit,a two year exemption shall be allowed to permit the transfer of the unit to another Qualified Occupants)so long as the provisions of the Housing Laws are not violated by such occupancy. Children under the age of 18 may not reside in a unit for more than six months during any nine month period. iii) The age restriction described in the above shall be (a) included in a properly executed and recorded deed restriction running in perpetuity with the land and (b) incorporated into the Condominium Documents. The Condominium Documents shall also include additional rules and exceptions to the age restriction described above and shall be consistent with the.Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any building permit, the age restriction provisions in the Condominium Documents and the deed restriction shall be reviewed and approved as to. form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than thirty(30)days after submission. The age Boston Hill Special Permit Approval 5 restriction and Condominium Documents shall be recorded at the North Essex Registry of Deeds prior to the issuance of any certificate of occupancy. H) Maintenance Obligations The Project Owner shall: i) maintain and repair of the trail system and signage on the Locus and the accessory visitor parking and signage thereto shown on the Plans. Said maintenance and repairs shall include any clearing,trimming or other upkeep normally associated with passive recreation hiking trails: ii) maintain,repair and plow the private road on the Locus shown on the Plans. iii) at all times be responsible for trash removal at the Project.The Town of North Andover,as a condition of this approval,shall not at any time,be responsible for trash removal at the project site. iv) maintain and repair the drainage and detention structures on the Locus shown on the Plans; provided,however,that in the event of an emergency to which the Project Owner,Board of Trustees or organization of Unit Owners of the Boston Hill Condominium fails to respond,the Town of North Andover,by its designee,may enter the Locus and undertake necessary maintenance or repairs to these structures and may charge back its reasonable costs and expenses to the Project Owner,Board of Trustees or organization of Unit Owners of the Boston Hill Condominium as the case be may be;and v) maintain and repair the water booster pump structures and system on the Locus shown on the Plans;provided,however,that in the event of an emergency to which the Project Owner, Board of Trustees or organization of Unit Owners of the Boston Hill Condominium fails to respond,the Town of North Andover,.by its designee,may enter the Locus and undertake necessary maintenance or repairs to these structures or system and may charge back its reasonable costs and expenses to the Project Owner,Board of Trustees or organization of Unit Owners of the Boston Hill Condominium as the case be may be. vi) Special Condition 4(H)(i-v)shall be incorporated into the Condominium Documents and shall run in perpetuity. It is intended that the Town of North Andover shall not become responsible for the maintenance,repairs or other obligations set forth in Special Condition 4(I1)(i-v)(Maintenance Obligation)at any time. vii) Should the Project Owner transfer the project, the seller and the buyer shall meet with the Planning Board to update the Board on the status of the project, and provide the Planning Board and Planning Department with written notification of the transfer. viii The Project Owner shall in consultation with the North Andover Department of Public Works, establish an amount to be included in the performance bond to cover the cost of one year of prospective maintenance for items iv and v above. This amount must be retained at all times, in it's entire amount, by all current and future Project Owners and reviewed every two years, as a safeguard against failure of equipment and or structures noted in(M(iv)and(H) (v )above. This condition must be written into the Condominium documents and noted as a condition of approval. I) Easement for Widening,Route 114:In the event that Route 114 is widened by the Commonwealth, the applicant/owner shall convey to The Town of North Andover or its designee an easement on the Locus up to ten feet wide running along the south side of Route 114 whose approximate Boston Hill Special Permit Approval 6 location is shown on Sheet 23 of 25 of the Plans.This condition shall be incorporated into the Condominium Documents. .T) The Project Owner must schedule presentations in front of the Planning Board to obtain permission to proceed for each level of construction phasing as listed in the plans entitled "Construction Phasing&Erosion Control Specifications"prepared by Marchionda&Associates, consisting of sheets 1 through 10,dated December 10,2001 and a booklet entitled"Construction Phasing&Erosion Control Specifications,Boston Hill"prepared by Marchionda&Associates dated December 4,2001 and revised April 12,2002(collectively,the"Erosion Control Plans"). No building permits may be issued for any subsequent phase until the Project Owner notifies the Planning Board that the prior phase has been substantially completed,presents supporting information to the Planning Board and the Planning Board confirms in writing that the prior phase has been substantially completed in accordance with the Erosion Control Plans(regardless of whether or not building permits are required for any phase).The term"substantially completed" means substantial completion and stabilization of the cut and fill slopes within the specific phase in question and does not mean the completion of buildings or pulling of building permits within any particular phase.As listed in the above-mentioned document,building permits coincide with each phase as noted below: Phase 1—No building permits associated with this phase. Phase 2—Building Permits for Buildings 1,2,3,4,5&7. Phase 3- Building Permits for Buildings 12, 13, 14, 15& 16. Phase 4—Building Permits for Buildings 6,8,9, 10, 11, 17, 18, 19,&20. Phase 5—No building permits associated with this phase. K) The developer shall utilize the below listed materials for the construction of the building units,as presented to the Planning Board.Prior to the start of construction the developer shall present to the Planning Board the actual material to be used in the construction of the building units. The Planning Board acknowledges that all manufacturers are listed to represent a quality standard only, equal products may be approved by the project architect. i) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Restoration Collection-siding ii) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Restoration Collection-Accents- shakes,half-rounds iii) Wood Grained Vinyl Siding, Wolverine Vinyl Siding-Restoration Collection-corner systems,window and door surrounds and crown molding iv) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Millenium Collection-siding v) Solid PVC Trim-Southeastern Millwork Co.,Inc.-Boards,molding and sheet stock vi) 30 year Asphalt Roof Shingles-Timberline vii) 30 Year Fiberglass Roof Shingle-Bird Incorporated L) Retaining walls shall be designed and stamped by a structural engineer registered in the state of Massachusetts. Stamped plans and calculations shall be submitted to the Planning Department and Building Inspector prior to construction. The submittal of plans is for informational purposes to the Planning Department only,the applicant must apply for and receive a building permit to construct the retaining walls. M)The developer must secure any necessary variances for the height of the proposed townhouses from the Zoning Board of Appeals.The developer shall inform the Planning Department/Planning Board of the final decision of the Zoning Enforcement OlEcer/ZBA,and provide revised plans as needed. Should the Zoning Enforcement Officer/ZBA require changes to the plans the developer Boston Hill Special Permit Approval 7 must come back to the Planning Board with the changes prior to start of construction in accordance with the procedure set forth in General Condition 7(k). N) Depictions of signage or other installations on the approved plans may be subject to other restrictions or ordinances of the Town of North Andover. This approval shall not be interpreted as compliance with these additional requirements. All relevant additional permits must be obtained by the developer prior to construction. 5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The Project Owner must submit a letter from the architect and engineer of the project stating that the applicable phase of the building, signs, landscaping, lighting and site layout substantially comply with this decision as endorsed by the Planning Board. B) The building must have any and all fire sprinklers installed in accordance with the Nfassachusetts General Laws Chapter 148 Section 26. C) All lighting shall be built in accordance with the approved plans. 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. 6) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS except the Slope Stabilization Bond: 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. B) A final as-built plan showing final topography,the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Town's Outside Engineering Consultant. C)The parking spaces for access to the Open Space Parcel and signage indicating what the parking is to be utilized for must be constructed as shown on the plans referenced at the end of this decision. D) The North Andover Trails Committee is allowed entrance onto the property for the purposes of flagging the hiking trail to connect from the parking spaces at the entrance of RoaO A to the off- site trail adjacent to the southeast comer of the property.The developer agrees to cut the brush within the area of the flagged trail performed by the North Andover Trails Committee for purposes of utilization of the trail for hiking purposes. Boston Hill Special Permit Approval 8 it i 7) GENERAL CONDITIONS A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within two years from the date of planting shall be replaced by the project owner. B) Tree cutting shall be kept to a minimum throughout the project to minimi e erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan,a reforestation plan must be submitted as outlined in Section 5.8(6)of the Zoning Bylaw. C) Should the Project Owner transfer the project, the SELLER AND the buyer shall meet with the •Planning Board to update the Board on the status of the project, and provide the Planning Board and Planning Department with written notification of the transfer. D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. E) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. F) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. G) No underground fuel storage shall be installed except as may be allowed by Town Regulations. H) All blasting shall be in complete compliance with regulations and procedures required by the North Andover Fire Department. The developer shall offer to perform a pre-construction video survey to any structure within 1000' of the proposed site to determine the pre-construction foundation and wall conditions of such structure. Such survey shall be in accordance with requirements typical to pre-blast survey and the contractor shall engage a professionalfirm that is experienced in such surveys. The written and video results of the survey shall be made available to the owner of the homes that have been surveyed,upon request. I) 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 J) 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 review by the Planning Board as provided in General Condition 7(k)below. K) Any revisions shall be submitted to the Community Development Director for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. . L) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit, 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 phased development,the developer shall be deemed to have undertaken substantial use or construction if the developer has completed Phase 1 and commenced Phase 2. Moreover, any delay arising from the need to obtain a height variance,earth removal permit or any other permits and the time required to pursue or await determination of any appeals shall constitute i� good cause. M) The following information shall be deemed part of the decision: i) A set of plans entitled"Boston Hill,An Age Restricted Community, Located in North Andover";prepared for Mesiti Development Group, 100 Boston Hill Special Permit Approval 9 V Andover By-Pass,North Andover,MA 01845;prepared by Marchionda& Associates,L.P., 62 Montvale Avenue,Stoneham,MA 02180,consisting of sheets 1 through 25,dated June 20,2001 and revised as of January 31,2002 and sheets Ll through L4 prepared by Huntress Associates, 17 Tewksbury Street,Andover,MA 01810, dated April 17,2002. ii) A set of plans entitled'Boston Hill Construction Phasing and Erosion Control Plans";prepared for Mesiti Development Group, 100 Andover By-Pass,North Andover,MA 01845;prepared by Marchionda&Associates,L.P.,62 Montvale Avenue, Stoneham,MA 02180,consisting of sheets 1 through 10,dated December 10,2001, revised April 12,2002 iii) A booklet entitled"Construction Phasing&Erosion Control Specifications,Boston Hill";prepared by Marchionda&Associates,L.P.,62 Montvale Avenue,Stoneham,MA 02180,dated December 4,2001 and revised April 10,2002. iv) A traffic study prepared by DJK Associates entitled"Traffic Impact& Access Study,Proposed Residential Development Project,Route 114,North Andover, Massachusetts"dated jure 2001,revised September 2001. V) Drainage calculations entitled"Hydrological Analysis for Boston Hill in North Andover,Massachusetts";prepared by Marchionda&Associates,L.P. ;dated December 1, 1999 and revised as of December 14,2001. vi) "Supplemental Calculations,Boston Hill in North Andover, Massachusetts";prepared for Mesiti Development Group;prepared by Marchionda&Associates,L.P.,62 Montvale Avenue-Suite I,Stoneham,MA 02180, dated January 28, 2002. vii) Boston Hill Townhomes,North Andover Massachusetts.Dated April 2,2001. viii) Elevations Uphill Buildings,Boston Hill Townhomes,North Andover Massachusetts. Dated April 2,2001 ix) Elevations Downhill Buildings,Boston Hill A 92 Montvale Avenue,Suite 2400 Stoneham MA 02180,including the following:Artist's Concept,Townhomes,North Andover Massachusetts.Dated April 2,2001 Color and Detail Variations for the Front Elevations of the Typical Downhill Building,Dated January 8,2002 X) Rendered Masterplan entitled"Boston Hill in North Andover Massachusetts"Prepared by Huntress Associates,Inc. cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File Boston Hill Special Permit Approval 10 t yogrH Town of North Andover RECEIVEo o @ (,' PRA-DSj Office of the Planning Department � „ 09 �:-:.. .� • cpK Community Development and Services Division SSCHU 400 Osgood Street North Andover,Massachusetts M845 s.i 3 �; r r. Lincoln Daley httn:/f www.townofnorthandover.com ,• `` "' Town Planner P(978)688-9535 F(978)688-9542 M-E-M-O-R-A-N-D-U-M TO: Joyce Bradshaw, Town Clerk FROM: Lincoln Daley, Town Planner cc: Heidi Griffin, Director CDS Attorney Michael Giaimo DATE: June 14, 2005 SUBJECT: Verizon Wireless—Site Plan Special Permit Modification to decision. Joyce, The attached decision has been modified to reflect minor changes(per the Planning Board's request). Sincerely, � ln'—D � 'C LincoDaley Town Planner mi/attachment BOARD OF.APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 f pORTp Town of North Andover RECEI y'E0 Office of the Planning Department . - YCE BRIIDSHAW CPK ,ro. Community Development and Services Divnsi(M., 'as��►ws�` 400 Osgood Street North Andover,Massachusetts 01845 4J 1r,Y 21 P 0U Lincoln Daley hu://www.Lownofii-Qdbandowr com Town Planner P(978)688-9535 F(978)688-9512 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. Application filed: March 14, 2005 Date of first hearing: May 3,2005 Date of Decision: May 17, 2005 Petition of Verizon Winless 400 Friberg Parkway, Westborough, MA 01581-3956 Premises Affected: 1275 Turnpike Street,North Andover,MA 01845 Referring to the above petition for Site Plan Special Permit in order to upgrade existing telecommunications equipment by installing three (3) panel antennas and one (1) dish antenna on the sides of the existing 85' tall concrete tower. After a public hearing given on the above date, the Planning Board voted to APPROVE the Site Plan Special Permit bused upon the following conditions: Signed- Lincoln Daley,Town Planner Alberto Angles, Chairman George White, Vice Chairman cc: Applicant John Simons Engineer Richard Nardella Abutters James Phinney DPW Building Department Conservation Department Health Department ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 J�- Verizon Wireless— 1275 Turnpike Street Special Permit The Planning Board herein approves the Special Permit to install three (3)panel antennas and one (1) dish antenna(the"proposed addition" and associated cabling, utilities and ) g equipment on an existing tower structure in the Village Residential Zoning District. This Special Permit was requested by Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough, MA 0 185 1. This application and additional documentation as cited herein was filed with the Planning Board on March 14, 2005 with subsequent submittals on file. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is being co-located on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the analysis conducted by Donald L. Haes, Jr., Ph.D., CHP,Radiation Safety Specialist 3. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the public. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9. 5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1)Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation 2 of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. 2) Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the equipment. 3) 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. 4) Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three(3) copies of the signed plans must be delivered to the Planning Department. 3 b) A certified copy of the recorded decision must be submitted to the Planning Department. 5) Prior to verification of the Certificate of Use and Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) All lighting(if applicable)placed by the carrier on the subject property 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 Office must approve any changes to the approved lighting plan as submitted by the applicant. 6) Any stockpiling of materials (dirt,wood, construction material, etc.)must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 7) In an effort to reduce noise levels,the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 8) No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 9) 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. 10)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11)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. 12)Any action by a Town Board, Commission, or Department that 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. 13)Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 4 14)This Special Permit approval shall be deemed to have lapsed after three years from the date permit granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 15)The following waivers were granted in determining this decision: a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v) Setbacks. b) Waiver(s) to provide camouflaged for the added facilities as described in Section 8.9(4)(a). c) Waiver to provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed project. d) Waiver to provide lines representing the sight line showing viewpoint (point from which view is taken) and visible point(point being viewed); e) Waiver to provide the average height of the trees within the property or the abutting properties. f) Waiver to show all existing buildings on adjacent properties. g) Waiver to provide distances (at grade) from the proposed facility to each existing building. h) Waiver to provide sight lines showing viewpoint and visible point. i) Waiver to show any wetlands and subject property within 100' of the wetland. j) Waiver to provide site lines and photographs in accordance with Section 8.9(5)(d)(iv)• k) Waiver to show the colors of the proposed wireless service facility represented by a color board showing actual colors presented. 1) Waiver to provide a landscaping plan. m) Waiver to schedule a balloon test with the Planning Board at the proposed site. n) Waiver(s) to provide noise-filing requirements as described in Section 8.9 5 d vi . 5 d o) Waiver to provide a letter from the Massachusetts Department of Public Health approving the site. p) Waiver to provide Federal Environmental Filing Requirements as described in Section 8.9(5)(d)(viii). q) Waiver to provide annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. r) Waiver to post bond for the purpose of insuring that a final as-built plan shows the location of all on-site structures and demonstrates that the site is constructed in accordance with the approved plan. This waiver is granted due to the fact that the antenna upgrades and addition of the dish are minor in nature and will be co- located on a pre-existing structure used primarily for telecommunications. 16)The following information shall be deemed part of the decision: Plan titled: Verizon Wireless North Andover Turnpike Street North Andover, MA Prepared for: Verizon Wireless 400 Friberg Parkway Westborough, MA 01851 Prepared by : Dewberry-Goodkind, Inc. 31 St. James Avenue Boston, MA 02116 Dated: Sheets: T-1, Pl-P9 Report: Application for Site Plan Special Permit by Bell Atlantic Mobile of Massachusetts Corporation, Ltd.,dib/a Verizon Wireless, March 10, 2005 Prepared for: Verizon Wireless Prepared by: Robinson& Cole One Boston Place Boston,MA 02108 cc. Applicant Engineer DPW Building Department 6 Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1099 i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Mesiti Development Corporation computer, use Name only the tab key to move 100 Andover Bypass, Suite 300 your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code r� 2. Property Owner(if different): Same Name reagin Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 3/6/02 Date for work at: Turnpike Street Route 114(Boston Hill) Map 107A& 107C 148, 149 & 10 Street Address Assessor's Map/Plat Number ParceVLot Number recorded at the Registry of Deeds for: Essex North 4932 127 County Book Page Certificate(if registered land) is hereby extended until: 3/6/07 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): 3/6/06 Date Issued by: North Andover ' Conservation Commission Date wpaformTdoc•rev.3/1/05 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1099 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Con tion Commission and a copy sent to the applicant and the appropriate DEP Regional Off;, Signatures: t r Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day of Month Year Before me, the undersigned Notary Public, personally appeared `�C04 8&'SsC. Name of Signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONNA M.WEDGE ignature of Notary Public J tq NOTARY PUBLIC y / Prin e�lT ' r �r 4,�n�rH of M.Vis,�'t!sETTs d Name of Notary Public Place nota seal and/or an stamp above ryy p My Commis/�/ (Date) wpaform7.doc•rev.311/05 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: �— Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1099 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover .___..,....._-- Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 242-1099 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 in accordance with General Condition 8 of the original Order of Conditions on: - - - - Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.311105 Page 3 of 3 y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agavva'm Conray Hancock Montague Plainfield Wales g Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gilt Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield Andover Chelsea Holbrook Methuen Randolph Walpole 1 Winter Street Waltham Arlington Cohasset Hull Middleton Reading Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617 654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Ph Fax: 617-556-10494-65 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-654-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform7.doc•DEP Addresses•rev.12/8/05 Page 1 of 1 RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 1000 OCT -b P 12: 01 TO: Town of North Andover Planning Department 27 Charles Street North Andover,MA 01845 Phone: (978) 688-9535 Fax: (978) 688-9542 Please be advised that I wish to withdraw my application from the Planning Board for property located at: STREET: v-k YIM TOWN: O ZTT % P-�OO C - NAME OF PETITIONER: -t>cy sr ,S4 &6 - SIG Petitio o pets ' ner's representativ PLANNING BOARD: (Planning Board or Planning Board Agent) By my above signature I hereby agree to the following: 1. That the vote is without prejudice. 2. That future submittals will require a new application. 3. That any new application will require a complete filing with applicable fees under the current regulations. Notice to APPLICANT/TOHN CLERK anal Certification of ActionofPlanning Board on Definitive Subdivision Plan entitled: Boston Hill Subdivision 4' 3 By: DeVellis Associates, Inc. dated December 7 , 1.9 97 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land, or otherwise provide security for the con- struction of ways and the installation of munf.cipal services within said sub- division, all as provided by G.L. c. 41, S. 81-4J. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3• That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. 1-3 as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: _ c_ 0 4 rnm =IM01 See Attached ' tts In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The rth over anni.ng Bo ha ISAPPROPBD aid , fort �110 e ons: (� NORTH ANDOVER PLANNING BOARD Date: ?, `7 k By: 3 Richard S. Rowen ZO ' d OVS6 299 805 - nap -woo .AahopuV ya..AON dTZ =£O L6-£O-0s0 Boston Hill Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a three(3)lot subdivision known as Boston Hili Estates. Robert Dunn,President,Boston Ski Hill Area,Inc.P.O. Box 438,Rye Beach,NH 03 87 1, submitted this application on December 8, 1997. The area affected is located off Rt. 114 in the VR and I-1 Zoning District and contains approximately 33.3 acres. The Planning Board has determined that all lots or structures will be serviced with public sewer approved and accepted by the Town as required by Footnote 12 of Table 2 of the North Andover Zoning Bylaw in effect at the time of submittal The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan,dated December 7, 1997,last revised on March 30, 1998,includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law,town by-laws and insure the public health,safety, and welfare of the town. Finally,the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1) Sewer System Issues: a) The sewer extension in Rt. 114 will be subject to the terms and conditions of the Department of Environmental Protection draft Administrative Consent Order and Notice of Noncompliance,ACO-NE-98-1004 dated March 13, 1998 as well as any modifications to the conditions stipulated in the Final Consent Order. b) The sewer extension will be subject to the policies of the Division of public Works regarding mitigation of groundwater infiltration and inflow into the receiving system. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: 1 a) Easements must include the stone swale,the existing brook,and the 12"CMP,and extend to the headwall at Route 114. b) The existing 12"CMP must be added to the drainage pipe layout plan. c) The proposed detention basin must be designed consistent with the guidelines and information published y the ASCE in"Design and Construction of Urban Stormwater Management Systems"as applicable. d) A Development Schedule must be submitted which conforms to both Sections 4.2 and Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. e) The final subdivision plans must be reviewed and approved by the outside consultant,the Planning Department and D.P.W. fl A covenant(FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 4(d). g) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. h) All application fees must be paid in full and verified by the Town Planner. i) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision. A full set of final plans reflecting the changes outlined above,must be submitted to the Town Planner for review endorsement by the Planning Board,within ninety (90) days of filing the decision with the Town Clerk. j) The Subdivision Decision for this project must appear on the mylars. k) All documents shall be prepared at the expense of the applicant,as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. 3) Prior to ANY WORK on the site, a) The applicant must demonstrate that the corner of Rt. 114 and Johnson Street will not flood as a result of the proposed construction. b) The applicant must submit sufficient proof as determined by the North Andover Planning Board to the Board that the Massachusetts.DepartmentEnvironmental Protection and the of 2 Town of North Andover has allowed the connection of the 3 house lots to the sewer system c) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on theplan. The Planning Staff must be contacted prior to any cutting and or clearing on site. d) All erosion control measures as shown on the plan and outlined in the erosion control plan must be in place and reviewed by the Town Planner. 4) Prior to any lots being released from the statutory covenants: a) Three(3)complete copies of the endorsed and recorded subdivision plans and one(1)certified copy of the following documents:recorded subdivision approval,recorded Covenant(FORM I),recorded Growth Management Development Schedule,and recorded FORM M must be submitted to the Town Planner as proof of recording. b) All site erosion control measures required to.protect offsite properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shah determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. c) The applicant must submit a lot release FORM J to the Planning Board for signature. d) A Performance Security in an amount to be determined by the Planning Board,upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form of a check made out to the Town of North Andover. This check will then be placed in an interest bearing escrow account held by the Town. Items covered by the Bond may include,but shall not be limited to: i) as-built drawings ii) sewers and utilities iii) roadway construction and maintenance iv) lot and site erosion control v) site screening and street trees vi) drainage facilities vii) site restoration viii)final site cleanup 5) Prior to a FORM U verification for an individual lot,the following information is required by the Planning Department: a) The Planning Board will review the status of the Subdivision and vote to verify FORM U applications as appropriate and in conformance with this decision- 3 b) If a sidewalk is to be constructed in front of the lot,then such sidewalk must be graded and staked at a minimum. c) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 4(c)above. d) A plot plan for the lot in question must be submitted,which includes all of the following: i) location of the structure, ii) location of the driveways, iii) location of the septic systems if applicable, iv) location of all water and sewer lines, v) location of wetlands and any site improvements required under a NACC order of condition, vi) any grading called for on the lot, vii) all required zoning setbacks, viii)Location of any drainage,utility and other easements. e) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. fl Lot numbers,visible from the roadways must be posted on all lots. 6) Prior to a Certificate of Occupancy being requested for an individual lot,the following shall be required: a) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat,the applicant shall ensure that all required inspection and testing of water, sewer,and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built,certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile sheet. b) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. c) Permanent house numbers must be posted on dwellings and be visible from the road. d) There shall be no driveways placed where stone bound monuments and/or catch basins are to ent of the driveways the proper placement be set. It shall be the developer's responsibility to assure p pep Y regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. 4 7) Prior to the final release of securityretained for the site b the Town,the folio shall be Y � completed b applicant: � Y the Pp a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval. b) The applicant shall petition Town Meeting for public acceptance of the street.Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted(or rejected in favor of private ownership)the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. 8) The Applicant shall ensure that all Planning,Conservation Commission,Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 9) The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board shall approve any entrance structures. The applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision. 10)The applicant shall adhere to the following requirements of the Fire Department: a) Open burning is allowed by permit only after consultation with the Fire Department. b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 11)There shall be no burying or dumping of construction material on site. 12)The location of any stump dumps on site must be pre-approved by the Planning Board. 13)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14)Gas,Telephone, Cable,and Electric utilities shall be installed as specified by the respective utility companies. 15)Any action by a Town Board,Commission,or Department which requires changes in the roadway alignment,placement of any easements or utilities,drainage facilities, grading or no cut lines,may 5 be subject to modification by the Planning Board. 16)The utilities must be installed and the streets or ways constructed to binder coat i t7Cj�a (eight years from the date permit granted).If the utilities are not installed,the streets or ways are not constructed to binder coat and the Planning Board has not granted an extension by the above referenced date,this definitive subdivision approval will be deemed to have lapsed. 17)This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plan titled: Boston Hill Subdivision Definitive Subdivisions Plan North Andover,Massachusetts Dated: December 7, 1998 last revised March 30, 1998 Owner/Applicant: Boston Ski Hill Area,Inc. P.O.Box 438 Rye Beach,NH 03871 Civil Engineer: DeVellis Associates,Inc. 2310 Washington Street,Suite 320 Newton Lower Falls,MA 02162 Land Surveyors: Scott L. Giles,RP.L.S. 50 Deer Meadow Road North Andover,MA 01845 Sheets: 1 —6 b) Report titled: Drainage Report and Statement of Environmental Impact Boston Ski Hill Definitive Subdivision Boston Ski Hill/Turnpike Street(Route 114) North Andover,Massachusetts Prepared for: Boston Ski Hill Area,Inc. Prepared by: DeVellis Associates,Inc. 2310 Washington Street, Suite 320 2310 Newton Lower Falls,MA 02162 Dated: December 1997 last revised March 9, 1998 Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor 6 310 CMA 10.99 Form S — DEP File No. 242- 870 rro oe oroviced by DEP) MF— Commonwealth City Town North Andover of Massachusetts ENPRO Services,' Inc. Anoucant Boston Hill Ski Area Certificate of Compliance Massachusetts Wetlands Protectiort.Act, C.L. c. 131 , §40 From Issuing Andover Conservation Commission Issuing Authority 12 Mulliken Way To ENPRO Services, Inc. Newburyport, MA 01950 (Name) (Address) Cate at Issuance December 3, 1997 i nis Cerificate is issued for work regulated by an Order of Conditions issued to Boston Hill Ski Area, Inc-. dated 7/21/97 and issued by the NACC It is hereby certified that the work regulated by the above-referenced Oraer of Conditions has been.s,atisfactcriiy completed. Z. Q It is hereby certified that only the following portions of the work reoulated by the above-refer enced Orcer of Conditions have been satisfactorily completed:(If the Certificate of Compiiance does not include the entire project,specify what portions are included.) Q. it is nereby certified that the.work regulated by the_above-referenced Oroer of Conditions was never commenced.The Order of Conditions has laosed and is therefore no lancer vaild. No future ' warK subject to regulation uneer the Act may be commenced without fiftnc a new Notice of intent anc receivinc a new Order of Conditions. (Leave Soace Blank) I 8-1 242-870 4. ❑ This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in whicn the land is located. The Order was originally recorded on 815/97 (date) at the Registry at Deeds, North Essex , Back . Page Instrument #19818 5. j] The fallowing conditions of the Order shall continue: (Set forth any conditions contained in the anal Order, such as maintenance ormonitertng, which are to continue tar a longer penod.) li issued by tort h ^ov r Conservation Commission 4/4 Signature(s) ?1.2k' When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this 3rd day of December ' 19 47 . before me personally appeared Joseph W. Lynch, Jr. to me known to be the person described in and who executed the foregoing instrument and acknowledged that heishe executed the same as his/her free act and deed. Notary Public My commission expires ` Detach an dotted line and submit to the To NACC Issuing Authcnry Please be advised that ane Certificate of Compiiance for the protect at. File Number 242— $70 hasoeenrecordedattheRegistryot Deeds, Northern Essex and tits been noted in ine cnain of tate of me attected arocerry on t 9 it.reccraec ianc.:ne instrument numoer%vrucn iaentmes taus sansact:on u It registered=ia.:ne cecutment number wruc.s icentilies items t:atssacttan t:, I I� 210,:MR 10.99 ' 1 Form S DEP F7b No. l� 242– 870 r (to t,e wwxsM try UEt't Commonwealth Cay,toWn North Andover of Massachusetts ..,—_ aoortcant Boston. Hill Ski Area, Inc. Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 and under the Town of North Andover' s Bylaw Chapter 3.5 From NORTH ANDOVER CONSERVATION C01•1111SSIUN To Boston Hill Ski Area, Inc. Same (Name of Applicant) [Name of prooerty owner) PO Box 330 Address Rye Beach, N.H. 03871 Address Same This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) by certified mail, return receipt requested on '7/0?/ /7 Z 303 Jots' a Z3 (dale) This projectis located at 1275 Turnpike Street The property is recorded at the Registry of Nort-he rn Essex _ Book 1182 Page 306 Certificate (if registered) The Notice of Intent for this project was filed on June 20, 1997 (date) The public hearing was closed on July 2, 1997 (date) , Findings The North Andover Conservation Commission has revievwed the above-referpriced fIctice of Intent and plans and has held a public hearing on the project. Based on the rnlormatron available tc the NACC at this time. the —_I'IACC _ his deterrrnned Pint the area on which the preoosed work is to be done is sigriiticant to the Icltowrn�] interests in accorc,aricevrth the Presumptions of Significa ce S.e1 n Under Ure . 1/ t Recreation Ac (check as appropriate): Ch. 178: Prevention of Erosion & Sedimentation Ch. 1-78YWildlife Pubii.; water supply I Flood control ❑ Lind containing shJrish Private water supply Storm damage prevention Fisheries Ground water supply Prevention of pollution Protection of wildlife hatritnt $57500 $250.00 . Total Filing Fee Submitted State Sharp City/Tewn Share $275.00 ('.: lee in nr,coss of .525► Total Refund Due S City,rTown Portion S State Portion S DEP FILE #242- 870 Therefore, the North Andover Conservation Commission(hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set et forth in the.State Regulations, the local ByLaw and 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 above. 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 1. 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. 2. 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. 3. 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. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section VIII (p.15) of the North Andover Wetland Regulations). 6. 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. 7. The proposed work includes: Excavation and removal of contaminated soil within the Buffer Zone of a BVW and within the limits of the Boston Brook Riverfront Area. CAWinword\00C\242-870.doc 1 NACC 7/16/97 DEP FILE #242 - 870 8. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Boston Hill Ski Area,Inc. DATED 6/20/97 Plans prepared by: Stonehill Environmental,Inc. Entitled"Conservation Plan" DATED June 1997 9. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Riverfront Area. These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated June 1997. Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 11. Issuance of these Conditions does not in any way imply or certify that the site or-downstream areas will not be subject to flooding or storm damage. 12. 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. 13. 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. In order to prevent any alteration of wetland resource areas a five foot (5') No-Disturbance Zone shall be established from the edge of the adjacent wetland resource area. 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. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Appendix 5 of the local Regulations). CAWinword\OOC\242-870.doc 2 NACC 7/16/97 DEP FII.E #242 - 870 PRIOR TO CONSTRUCTION 14. 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. 15. 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. 16. 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 Department of Environmental Protection, File Number 242-870." 17. 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 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 18. Thea applicant shall contact the Conservation Office prior to site pP preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction CAWinword\00C\242-870.doc 3 NACC 7/16/97 DEP FILE # 242 - 870 supervisor hired to coordinate construction and to ensure compliance with this Order. 19. Thea applicant shall submit a construction schedules PP / equence to the NCC A detailingtheproposed p p sequence of work on site to complete this protect. 20. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. 21. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC 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. 22. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of thirty (30) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. 23. A check payable to the Town of North Andover shall be provided in the amount of$5,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasure 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 provision, satisfactory to the NACC, has 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. CAWinword\00C\242-870.doc 4 NACC 7116197 DEP FILE # 242 - 870 DURING CONSTRUCTION 24. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 25. 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. 26. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 27. No regrading 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. 28. IMPORTANT: There shall be no stockpiling of soil or other materials within one hundred feet(100') of any resource area. 29. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 30. All waste generated by, or associated with, the construction activity shall be contained within the construction area, 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. 31. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 32. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 33. 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 CAWinword\00C\242-870.doc 5 NACC 7/16/97 DEP FILE #242 - 870 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. CAWinword\OOC\242-870.doc 6 NACC 7/16/97 DEP FILE # 242 - 870 AFTER CONSTRUCTION 34. 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 Town's Wetland protection ByLaw. 35. Fertilizers utilized for landscaping and lawn care shall be organic and low- nitrogen content, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 36. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 37. Upon completion of the project, the applicant shall ubmit a letter to the NACC from a LICENSED SITE PROFESSIONA certifying compliance with this Order of Conditions and the approved pins referenced herein (or approved revisions). Certification includes, but is not limited to, verification that the limit of work coincides with the approved "NO-DISTURBANCE" zones. A letter from a qualified wetland scientist certifying compliance with local/state regulations is also required for the Buffer Zone Restoration Area. 38. Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: a) The name and address of the current landowner; b) The name and address of the individual/trust or corporation to whom the compliance is to be granted; c) The street address and assessors map/parcel number for the project; d) The DEP file number; CAWinword\00C\242-870.doc 7 NACC 7/16/97 M DEP FILE # 242 - 870 39. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: • A 25' No-Disturbance Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-870. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) 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; • Discharge of spillage of pollutants; • Prohibition of storage of fuels underground; • Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\OOC\242-870.doc 8 NACC 7/16/97 Issued By Norgh Ando Conservation Commission Signature(, y This Crcer must be sigred by a maierity of the Conservation Commission. On trns 16th Cay of July 1997 beicre me personally aecearec Joseph W. Lynch, Jr. to me Known to Ce the perscr cescr:bed in arc,.vno exec:::ec the iorect ing instrument ano acxno:,rjeeged that ne.sne exec:aec the same as his;her tree act ano ceec. December 11, 2003 G�►�` Nctar; runl,c My commission exc:res The a:=::=,,:na owner. any eers a ac:neyec=y mis C:cer. anv owner of lano a.:;nmg ine iano L;=,wnicn me c.cxser r., S::c= acne.cr am ten res cents c:the c::•;cr town ❑wnicn such iano:s iocatec.are nerecy notihea ci meir r.cnt to reaues;:ne oecarr Environ-menta: Prctecr.cn ro :ss-.e a sucersec nc Crcer. crcvie:nc me reauev:s mace cy cernt:ea rail cr nano ce were• :o ine Ceca—en e Trans""at Form as crovicec in 310 VAR io.cw,).wrtmn ten cays acm ine case of Issuance ct*.n:s wan;he acc:cc::ale tiiinc:ee a,-,::�e oeterm:natien.1,cozy ct the rev.est snail at the same time ce sent i:y cenittea man or nano ceuvery to the Ccnservat:cn Ccmm:ss.::n an,-.he i; "OU vi ii LO ell t%mss decision under the Town 3v Law, a CCS. laint ,.,ust oe —leo Super_or Court. Detacn on ecttee line an--suomit to the ;,'orth And over Conse rvati on r'or•^ prior to commencement ct worx. ............................................................................................................................ 61843 ................... ................................ MA 018 4 3 To North Andover Conservation Commission, 120 Main St. , No. Andover Please oe acv sec mat ine Oreer at Ccne3t ons tar Ine project a X42_ t Deeds, North .Essex_ Inc ^r to R tsr o - - 870 h ceen rec.. cea at e _ � r.�e NUmaef - as - nas ceen notea in ine criain of tine at the attectea erocerty in accereance wan Genetai Cencition a on t9 it reccraea iano. the instrument numeer wnicn iaennties mu traasacaon,s It regtstereo iano. me cecument numoer whim ioentifies tars transaction is acvc7n, 5-.:A REOE El JOYOE�64AD AW ; OTH ANDOVER FORM B MAY 9 4 co P01 '97 APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN May 9 1897 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter lel, Section 81:L# for approval of a proposed subdivision shown on a plan entitled Preliminary Subdivision of Land of Boston Ski Hill Area, Inc. By Geller Associates Inc. dated May 9 t 1997 being land bounded as follows: See attachment #1. hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title reference: North Essex Deeds, Book 1182* Page 306 ; or Plan 411432 Certificate of Title No. Registration Book , Page ; or Other: App cant's signature: Received by Town Clerk: Date: Applicant's address Boston Hill Ski Area, Inc. c/o Robert W. Dunn P.O. Box 438 Time: Rye Beach, NH 03871 Signature: Owner's silinature and address if not the applicant: same y► I' Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary Subdivision Plan entitled: By: dated :1.. The North Andover Planning Board has tentatively approved said plan, with- out any modifications thereof. 2. The North Andover Planning Board has disapproved said plant for the following reasons: 3. The North Andover Planning Board has tentatively approved said plant subject to the following modifications thereof: Very truly yours, FORTH ANDOVER PLANNING BOARD By Date: r Preliminary Subdivision Application Boston Hill Ski Area, Inc. May 9, 1997 Attachment 41 . Beginning at a fence post in the northern most corner of the property adjacent to Turnpike Street and running S59 41134"W for a distance of 12 . 621 , then turn to S52 22145"W for a distance of 130 . 171 , then turning S53 17 ' 24"W for a distance of 327 .211 , then turning to S52 29' 02"W for a distance of 180 . 47 ' , then turning to S53 20 ' 18"W for a distance of 222 . 98 ' , then turning to S52 51 ' 55"W for a distance of 164 . 07, then turning to 53 50' 24"W for a distance of 193 . 45, then turning to N84 53112"W for a distance of 186 . 58, then turning to N86 28149"W for a distance of 41 . 82, then turning to N85 28 ' 19"W and running 122 . 191 , then turning to N82 22 ' 04"W for a distance of 62 . 431 , then turning to N85 12 ' 36" for a distance of 98 . 03 ' , then turning to S17 57 ' 30"E for a distance of 50 . 56 ' along Chestnut Street, then turning to S88 53 ' 48"E for a distance of 77 . 881 , then turning to S84 02121"E for a distance of 55 . 721 , then turning to N51 07101"E for a distance of 30 . 51 ' , then turning to S69 19115"E for a distance of 57 .68, then turning S78 33142"E for a distance of 49 .74 , then turning to S89 01133"E for a distance of 67 . 071 , then turning S85 45' 07"E for a distance of 61 . 511 , then turning to S80 19151"E for a distance of 69. 76 ' , then turning to N89 39112"E for a distance of 66 . 91 ' to a drill hole, then turning to s37 39102"E for a distance of 107 . 361 , then turning to S35 30108"E for a distance of 95.40 ' to a drill hole, then turning S35 45108"E for a distance of 48 . 45 ' to a drill hole, then turning S36 1612611E for a distance of 146 . 39 ' to a drill hole, then turning to S37 52101"E for a distance of 137 . 11 ' , then turning S37 52101"E for a distance of 161 , then turning S42 53145"E for a distance of 252 . 52 ' , then turning to S40 34146"E for a distance of 150 . 46' to a drill hole, Then turning N42 58 ' 37"E for a distance of 460 . 00 , then turning along a 286 . 00 ' radius for a distance of 143 . 89' then turning N75 08148"E for a distance of 488 . 00 ' , _then turning S36 00119"E for a distance of 200 .00 ' then turning N56 19' 42"E for a distance of 324 . 391 , then turning N40 21128"W for a distance of 214 . 00 ' , then turning N46 221134"E for a distance of 35 . 00 ' to Turnpike Street, Then turning N43 23138"W for a distance of 621 . 36, then turning N43 23138"W for a distance of 77 . 001 , then turning along a 19, 660 ' radius for a distance of 23 . 761 , then turning along a radius of 19, 660 ' for a distance of 401 . 30 ' to the point of beginning. i1+rd3JaC,7�l?rlu uCfi j uj,e3Ja vj L.jdid ujjjjCjjL"4 ... ... • __.__ DEP file NtYncer Bureau of Resource Prctect�on— Wetlands " _ -�42�101 l_...___ • .. FormBosto WPA 5 - Order of Gori s for nEP�usq-onjy _ l and North Andover We Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Hand Protection B,�law. t ,, Applicant Information � iv�� - /V P From: The Notice of Intent for this project was filed on: North Andover March 29, 2000 c;mr ataa C.:mr fl Aare For the public hearing was dosed on: 242-1011 September 6, 2000 RojeTfiirelRmrttr Care To: rifle and Cate of final Plans and Other Documents: Mesiti Development AVP=. me Plans prepared by Marchionda & Associates(Rep.) 231 Sutton Street, Suite 2F" Entitled "Site Plan for Boston Ski dill" North Andover ciyrraAff dated 3/10/00 REV. 8/28/00 MA 01845 .2ze u'a Caae The projec site is Icated ac Rte. 114 (Turnpike Street) 107A & 107C t 148,149 &10 ,laetzastvaPlar/ Parrrlita/ and the property is recrded at the Registry of Deeds for. Northern Essex 1182 306 carrtfiir.¢(f ra�satrf lana) Endings Furthermore,this Commission hereby finds that the project as Findings pursuant to the Massachusetts Wetlands proposed.is: Protection Act (check one of the following boxes) Following the review of the above-referenced Notim of Intent Approved subject to: and based on N information provided in this application and commission finds that the � doe following conditions which are necessary,in accordance presented at the public hearing,this with the performance standards sit forth in the wetlands area in which worst is proposed is signifidnt to the following interests of the Wetlands Protection Act(ct ed all that apply): reguiadons. protect those interests rfrecced above This Commission orders that all the work shall be performed in 9 Public'Nater Supply accordance with the Notice of Intent referenced above,the ®Private Water Supply following General Conditions,and any other specai ®Groundwater Supply conditions attached to this Order.To the extent that the X Flood Control following conditions modify or differ from the plans, Q Land Containing Shellfish spe&cations,or other proposals submitted with the Notice R Fisheries of Intent,these conditions shall control Qi Storm Damage Prevention 9 Prevention of Pollution (�Protedcn of'Nildlife Habitat Alassac*usettS DeParvwnt of Eivrraimnentai Protection 242-1011 Bureau of)*sot rc--Protection— Wetlands Boston Ski Hill MA Form 5 - order of Con Ms t and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 protection Bylaw. Findings (cont) debris,indudirg but not limited to lumber,briclts,plaster, Denied because: wire,lath,paper,cardboard,pipe, tires, ashes,refrigerators, motor vehicles,or parts of any of the Foregoing. Q the proposed work tarmac be conditioned to meet the 1 ons 7. This Order does not become final until all administrative itis set forth in the wetlands regulations performance standards raga t protect those interests chested above. Therefore,work appeal periods From this Order have elapsed,or ir'such an 0 P on thisPY ma roJject not go forward unless and until a new appeal has been taken,until all proctedings before the Nodc.-of intent is submitted which provides measures Cepartmenc have been completed. which are adequate to protect these interests,and a final S. Order of Conditions is issued. No work shall be undertaken until the Order has became final and then has been recorded in the Registry of Deeds or G the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located.. to desebe the site.the work.or the effect of the work an within the chain of title of the affected property. In the case the interests idertified in the Wetlands Protection Act of recorded land the Final Order shall also be noted in the Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the and until a revised Notice of intent is submitted which land upon which the proposed work is to be done. In the provides sufficent information and incudes measures case of registered land.the Final Order shall also be noted which are adequate to protea the Acts interests.and a final on the Land Court Cercihczte of Tide of the owner of the Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording infommdon which is lacking and why it is necessary is information shall be submitted to this Conservation attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which form must be stamped by the Registry of Oeeds,prior to the General Conditions commencement of the work. 1. failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square all related statutes and other regulatory measures.shall be fee�more than three square Feet in size bearing the deemed cruse to revoke or modify this Order. vtassachuzeas Oepartment of Ernriranmental Protection" 2. The Order does not groat any property rights or any (or,'Wl OEP'J'Fie Number excdtuive privileges;it does not authorize any injury to 242-1011 private property or invasion of private rights. R�actFile,uunae- _ 3. Timis Order does not relieve the permittee or any other person of the necessity of'campfying with ail other applicable federal,state.or local staunes.ordinances. 10.1Nhere the Oepartmerrt of Environmental Protection is bylaws,or regulations. requested to issue a Superseding Order,the Conservation Commission shall be a parry to all agencf proceedings and 4. The work au t nzu hereunder shall be completed within hearings before the Department three years fto m the dace of this Order unless either of the fallowing apply: 11.Upon completion of the work described herein.the applicant (a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA for in the Acis or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years, but less than five 12.The work shall conform to the Following attached plans and years,from the date of issuance. If this Order is intended spm conditions: to be valid for more than three years,the extention.date and the special circumstances wanarrurg the extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed); Order. Site Plan for Boston Ski Hill 5.This order may be extended by the issuing authority for Tfe one or more periods of up to three years each upon �: 3/10/2000, REV 8/28/2000 application to the issuing authority at least 30 days prior to Ond the expiration date of the Order. David Ouellette, P.E. S. Arry fill used in connection with this project shall be clean sigxd and StamRed by fi ILfill shall contain no trash,refuse, rubbish,or NACC On 6/e � mm d9assaa~ u_,-e=Department of Eavrrannmrrta!Protecuan „ _ 242-1011 Bureau of Resource Protection— Wetlands Boston Ski Hill A Form 5 - Order of Cor- s fa and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw. Findings (cont.) Findings as to municipal law, bylaw, or ordinance 13.Any changes to the plans identified in Condition �12 above Furthermore.the shall require the applicant to inquire of the Conservation North Andover Commission in writing whether the change is significartt enough to require the filing of a new Notice of Intent. G;rMnW0flC.==M hereby finds(d:ecc are that applies): 14.Tlie Agent or members of the Conservation Commission and Department of Environmental Protection shall have the Lt that the proposed work cannot be conditioned to meet the right to enter and inspect the area subject to this order at standards set forth in a municipal law,ordinance.or bylaw, reasonable hours to evaluate compliance with the condi- mecfimlly tions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commis- sion or Department for that evaluation. ,+aMadCajend=0=law.*aw,arordrarim Therefore.work an this project may not go forward unless 15.This Order of Conditions shaft apply to any successor in and until a revised Notice of Intent is submitted which interest or successor in control of the property subject to provides measures whidt are adequate to meet these this Order and to any mntractor or other person perform- standards,and a final Order of Conditions is issued ing work condidcned by this Order. Lxthat the following additional conditions are necessary to 16.Prior m the start of wort and if the project involves work comply,arith a municipal law,bylaw.or ordinarim speciit- adjaam to a Bordering Vegetated Wetland.the boundary of ally the wetland in the vicinity of the proposed work area shall r be marked by wooden stakes or flagging. Once in place. .Ckp. 178 of the Code of North Andover the wetland boundary markers shall serve as the limit of d, ylaw.4iar.craroim= work(unless another liimit,of work line has been noted in the plans of record)and be maintained until a Cerdfieue of The Commission orders that all the work shall be performed Complianca has been issued by the Conservation Commis- in ac=rdance with the said additional conditions and with sion. the Notice of Irtterrc referenced above. To the extent that the 17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans. repair until ail disalrbed anus have been fully stabilized sP��ti°�or other proposals submitted with the Notice of Unent,the conditions shall control. with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. Ouring consmlc- don.the applicant or h&her designee shall inspect the Additional conditions relating to municipal law,bylaw,or erasion cartffals on a daily basis and shall remove ordinance: accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the See attached conditions site and shall also immediately notify the Conservation Commission.which reserves the right to require additional erosion ardor damage prevention controls it may deem necessary. Special Conditions(Use additional paper if necessary) See attached conditions. DEP FILE#242- 1011 Therefore, 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, the local ByLaw and 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 followina conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18.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. 19.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), the North Andover Wetland ByLaw and 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. 20.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. 21.The work authorized hereunder shall be completed within three years from the date of this order. 22.This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section Vlll (8)(p.33) of the North Andover Wetland Regulations). 23.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. CAWinword\00C\242-1011.doc i NACC 09/27/2000 DEP FILE#242- 1011 24.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. 25.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. 26.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. 27.The proposed work includes: Construction of a roadway, two Condominium Buildings, the demolition of existing structures and a 25' No Disturbance Zone restoration within the Buffer Zone to a Bordering Vegetated Wetland and more specifically set forth in the documents stated in paragraph 28. 28.The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Marchionda &Associates (Representative) 62 Montvale Avenue Stoneham, MA 02180 Dated March 2000 Site Plans prepared by: Marchionda &Associates (Representative) 62 Montvale Avenue Stoneham, MA 02180 Dated 3-10-00 REV 8-28-00 Wetland Restoration Report prepared by: West Environmental 48 Stevens Hill Road Nottingham, NH 03290 Dated August 25, 2000 Operation &Maintenance Plan prepared by: David Ouellette P.E. Dated 7-21-00 CAWinword\00C\242-1011.doc 2 NACC 09/27/2000 DEP FILE#242 - 1011 29.The following wetland resource areas are affected by the proposed work: Buffer Zone to BorderingVegetated Wetland BVW These resource 9 ( ) areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 30.The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 31.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. In order to prevent any alteration of wetland resource areas a twenty five foot(25`) No-Disturbance Zone and a fifty foot(501) No-Construction Zone shall be established from the edge of the adjacent wetland resource area except for the Demolition of existing structures and the 25' No Disturbance Zone restoration. 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. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. 32.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, unless specifically approved in writing by the Commission. 33.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 conditions, including any formed Condo Association or Management Company. Thereafter, any and all the above stated parties and the applicant will be held jointly and severably liable for any violation of this Order resulting from failure to comply with its conditions. 34.The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, 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 CAWinword\00C\242-1011.doc 3 NACC 09/27/2000 DEP FILE #242 - 1011 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. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35.the NACC finds the applicant's proposal for 13.675 sq. ft. of wetland restoration to be adequate. The restoration area shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. (Refer to Section III(E)(4)(page 18) of the local Regulations for performance standards). 36.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. Should the NACC be forced to record said Order of Conditions at the Registry of Deeds, this will not relieve the applicant of any penalties which may be imposed by the NACC, including but not limited to a Cease and Desist Order and/or fine. C:\Wmword\00C\242-1011.doc 4 NACC 09/2712000 DEP FILE #242 - 1011 39.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 Department of Environmental Protection, File Number 242- 1011 Expiration date=-----." 40.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 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 41.It is the responsibility of the applicant, owner, and/or successors) 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. 42.Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 43.Wetland flagging shall be checked prior to 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 stakes or flags and shall be confirmed by the NACC. Such markers 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. All flags used for the above purposes shall be of a color different from other flagging used on the site. CAWinword\000242-1011.doc 5 NACC 09/27/2000 DEP FILE# 242- 1011 44.A row of double staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC 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. 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. 45.The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 200 extra hay bales covered on-site and sufficient stakes for staking these bales(or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46.A check payable to the Town of North Andover shall be provided in the amount of$61,025 as a Cash Bond and due to the combination of Paxton soils, steep grades and shallow ground water with the close proximity to a highly sensitive Riverfront area, a $125,000 Surety Bond shall be provided to the Town of North Andover, 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. 47.The applicant shall be responsible for placing signs on each parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 48.The applicant shall designate a professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls C:\Winword\OOC\242-1011.doc 6 NACC 0912712000 DEP FILE# 242- 1011 and regular inspection or replacement of sedimentation control devices. 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. Credentials of said Erosion Control Monitor(prior to designation) shall be submitted for review and subsequent approval by the NACC or an Agent thereof. This person shall be given the authority to stop construction for erosion control purposes. 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. At least once per day during which construction activities occur on-site and for as long thereafter as ground remains unstabilized, the "Erosion Control Monitor" shall contact the NACC or agent thereof and verbally submit a daily update. At least once during each week in which. construction activities occur on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor"to the NACC at the end of each week 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 resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 49.Prior to construction, the applicant shall permanently mark the edge of the "25' No-Disturbance tone" with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 50.The applicant shall stake out the foundation corners prior to construction for projects including, but not limited to, single family homes, additions, decks, pools, etc. 51.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, Condo Association or individual, subject to said Orders of Conditions, the"Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said CAWinword\00C\242-1011.doc 7 NACC 04/27/2000 DEP FILE#242- 1011 applicant and/or owner 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. 52.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, the contractor, the engineer, wetland scientist 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 otherpersonnel 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). 53.The lots on which wetland restoration areas are proposed shall not be developed for residential construction until after the NACC has approved the completed wetland replication areas. DURING CONSTRUCTION 54.IMPORTANT: Immediately upon completion of the dwelling 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 foundation location and its proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 55.Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. CAWinword\00C\242-101 Ldoc 8 NACC 04/27/2000 DEP FILE#242- 1011 56.All catch basins shall contain oil/gasoline traps and Cascade Covers, 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 and the p 9 P cascade covers be maintained. All catch basins shall be free of all accumulated silt and debris before a Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 57.As soon as the drainage system is on line, Bi-annual (April 1st and October 1st) inspection reports must be submitted by a Registered Professional Engineer certifying that the drainage system is working as designed and shall include any maintenance invoices for cleaning or repairs. 58.The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 59.Approved de-watering activities anticipated at the roadway entrance location shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to the roadway retaining wall installation is occurring and until this section is complete. 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 and/or the North Andover Wetland ByLaw. If emergency de-watering requirements arise; the applicant shall submit a contingency plan to the Commission 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. 60.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 part's on any of the foregoing. 61.No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 62.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. 63.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. The toe of any stockpile of soil shall be no CAWinword\00C\242-1011.doc 9 NACC 09/27/2000 DEP FILE #242- 1011 closer in distance to the No Disturbance Zone than the total height of the stockpile itself measured from the toe to the crest. 64.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 65.All waste generated by, or associated with, the construction activity shall be contained within the construction area, 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. 66.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 67.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 68.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 Town's Wetland protection ByLaw. 69.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 Town's Wetland Protection ByLaw and shall remain in perpetuity. 70.No road salt sodium chloride or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate c\Winword\OOC\242-1011.do 10 NACc o9/27/2000 DEP FILE#242- 1011 due to the importance of the site and wetlands. Permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be displayed in prominent locations. 71.After completion of work, the applicant shall permanently mark the edge of wetland resource areas and the "No-Disturbance Zone" with signs or markers designating their sensitivity. This will ensure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 72.Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 73.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 name 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. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and 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 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 CAWinword\000242-1011.doc 1I NACC 09/27/2000 DEP FILE# 242- 1011 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 anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property_ 79.The following special conditions shall survive the issuance of a Certificate of Compliance (COC)for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP# 242- . Future work within 100' of existing wetland resource areas will require a separate ding with the NACC. 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 (Condition#31); ➢ Maintenance of catch basins (Condition#56); ➢ Discharge or spillage of pollutants (Condition#66); ➢ Prohibition of underground fuels (Condition #67); ➢ Limitations on the use of fertilizers, herbicides, road salts, de- icing compounds and pesticides (Conditions#68 &69). ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. CAWinword,00C,242-1011.doc 12 NACC 09/27/2000 DEP FILE #242 - 1011 ➢ An annual Affidavit that the O&M Plan has been carried out, including proof such as invoices of catch basin cleaning and street sweeping shall be submitted to the NACC by no later than April 1 This shall be a perpetual condition. C:\Winword\OOC\242-101 Ldoc 13 NACC 09/2712000 DEP FILE #242- 1011 APPENDIX A -AFFIDAVIT 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 (DEP or NACC numbed the North Andover Conservation Commission. Wor 2. 1 am 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. 1 hereby affirm and acknowledge that I have received said Omer 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. 1 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 Si nature-authorized a applicant or owner ( agent of a 9 g pp ) CAXVinword\00C1242-1011.doc 14 NACC 09/27/2000 riton Massaarusetts Department of Environmenwi Protection Bds t on 11 ... BSki Hill Bureau of Resource Protecdon— Wetlands WPA.:Fo 5 - order of Coffdffi6hs and North Andover Wetland Nfassachusetts Wetlands Protection Act M.G.L. c. 137, §40 protection Bylaw. UFI-ndings (cont.) This Order is valid for three years. unless otherwise specified On this as a special condition pursuant to General,Conditions t4, 20th from the date of issuance. September 20, 2003 day of oae September 'damn 2000 This Order must be signed by a majority of the conservation commission.The Order must be mailed by certified mail r� (reairn receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same Scott Masse time to the appropriate regional offird°of the Qepartment of Environmental Protect= to me known to be the person de=bed in and who executed Signatures the foregoing instrument and admowledged that he/she execnd the same as hisita'r he act and deed. A66 c�' Q 7 :� an�r�rru This Order is issued to the applicant as follows: by hand delNerl on by wart mail.WWU=iPkfflM§€9-on September 21, 2000_ _ _ Lrxa Appeals The applk3m the owner,anyperson aggrieved by this Qrder. The request shall state ciearly and concisely.the objections to I subject to this Order,or the Order which is being appealed and how the.Order does not and abutting the and arty owner of I 9 J identified in the arry ten residents of the city or town in which such land is contribute to the protection of the irrterEsts adntsetss wetly rids Pratectfon Ad(M.G.L c.131,540 notified of their right to est the Mass low are hereby ght n'� appropriate Oeparunem of Environmental Protection Regional and is inconsistent'Nith the wetlands regulations(310 CIMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Qepartment,with ire appropriate filing fes and a completed or regulations,the 0epartrnent of Environmerual Protection has Appendix E Request for Departmental Action Fee Transmittal no appellate jurisdiction. , Farm,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance 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, if he/she is not the appellam MassaClutsaits DegarUMJ7t of Eavircalmatai Protection 242-1011 Bureau of Resourrx ProteCt W—Wetlands Boston Ski Hill WPA Form 5 - Order ®f Gans ei and North Andover Wetland Massachusetts Wetlands PrOtectronActM.G.L. c. 131, §40 protection. Bylaw. Regarding Information This Order of Condidans must be recorded in the Registry of Deeds or the land Court for the district in which the land is locoed.within the drain of tide of the affected property. In the cse 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 subject to the Order. In the case of registered land.this Order shaft also be noted an the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information shall be submitted to the North Andover cacaraam Gfrm�san on the form below,whic`r must be stamped by the Registry of Ceeds. Oemdt an darted line and submit to the Conservation Commission. To: Gxaav�ooa C.xrnsmm Please be advised that the Order of Conditions for the project at aT at0=0" DfPFrleMmmer has been recorded at the Registry of Deeds of and has been noted in the dzain of We of the affected property in Book in accordance with the Order of Conditions issued on Qaa If recorded land the instrument ntanber which identifies this transaction a mar htmrtrr If registered land.the doaiment number which identifies this transaction is A�armr'hurrbe 4 oiAppicrx Mz--s c.tusetts Oepartmeor of aviranrmrrtai Protection 242-1011 Bureau of Resource Protection— Wetlands Boston Ski Hill Appendix - Request for Deo`a'r mental Action Fee Transmittal Form r and North Andover Wetland Massacf7usetts Wetlands Protection Act M.G.L. C. 731, X40 Protection Bylaw, iso type or c:earty ail Request/17fO[ atlOn motion tested on this 1, Person or party making request(if appropriate, name the 2 Applicant(as shown an Naticz of Intent.Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request.for Determination of Applicabiiivt Name ,Mame dlaiirg Adm'za . tgrhngAdrtrea Qy/ToNn CayiTaal tare Lp G�x Stare lip CXe PAane MOW PAtr Ntar7nrt Fir Munoc(rl:fptrcald Fuc MImaS(dIjW Caae1 Project Location: OEP Fie Number: QrnsAaoress CtYTO*" /nstrUC60175 1. When the departmental action request is for(check one): 2. on a separate sheet attached to this form,state c!early and ccrtcsely the objections to the Determination or order Q Superseding Order of Conditions which is being appealed To the extent that the Oetermina- Q Superseding Oeterminadon of Applicability tion or order is based on a municipal bylaw,and not on the Q Superseding Order of Resource Area Delineation Massad=etts'Nedands Prom4mon Act or regulations,the Department of Errvin=eraal Protection has no appellate Send this form and a check or money order for ss.A.oa. jurisdiction. payable to the Commcnwv lth of Massachuse=M: I Send a copyof this Farm and a copy of the check or money Oept.of Ernironmenral Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mala or hand delivery to the appropriate Boston.MA 02211 DE.°regional ofic as listed in Appendix A 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and Co the applicant,if he/she is not the appellant. i Town.of North Andover Qa NORTH ttllO ib 'Y Office of the Planning Department I ,..! to Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 Heidi Griffin Telephone(978)688-9535 Planning Director Fax(978)688-9542 N Q C— TO: TO: Town of North Andover z o—� Planning Board o x:rnm 27 Charles Street '— A z rn North Andover,MA 01845 z rn o,rn C=);VU)C7 rn< > PHONE: (978) 688-9535 ^' FAX: (978) 688-9542 0 Cr Please be advised that I have agreed to extend the time constraints for an additional 60, days pursuant to Massachusetts General Laws 40 A,Section 9, for the Planning Board to make a decision regarding the granting of a SITE PLAN SPECIAL PERMIT for property located at: PROJECT: Boston Hill Condominium/Route 114 Turnpike Street TOWN: North Andover NAME OF PETITIONEI I: Mesiti Development SIGNED: L— Petite er or pe ' ion 's represen ative PLANNING BOARD: BO'ard or Planning Board Agent) BOARD OI'.1P1'E:� l.S 688 S)54I BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 iV fiADSH iti OWN CLERK NORTH ANDOVER Notice. to APPLICANT/TOWN CLERK of Action of Planning Bdon r Subdivision Plan entitled: Boston Hill Ski Area f 0% By: Geller Associates dated May 9, 1997 1.. The North Andover Planning Board has tentatively approved said plan, Kith— out any modifications thereof. See Attached 2. The N r h Andover-,Planning HeArdIms disappivyed s lan, gAW the foll win reas d: 3. i The rth dover Panning oard h tentat el prove said �lanq sub eat. to e f owing mo ions thereof: Very truly yours NORTH ANDOVER PLANNING BOARD "A By , Date: Ri h 1 r&--)J- d owed d l ,Tune U997 FORM B MAX 9 4 oo " X91 APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN May 9 1 1997 To the Planning Board of the Town of North Andover: The undersigned,, being the applicant as defined under Chapter 41,, Section 81—Lo for approval of a proposed subdivision shown on a plan entitled Preliminary Subdivision of Land of Boston Ski Hill Area, Inc. By Geller Associates Inc. dated May 9 ,, 1997 being land bounded as follows: See ,attachment #1. hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title reference: North Essex Deeds,, Book 1182 Page 306 ; or Plan 411432 Certificate of Title No._t Registration Book , Page ; or II Other: Applicant's signature: Received by Town Clerk: LJ�•i Vu, Date: Applicant's address Boston Hill Ski Area, Inc. c/o Robert W. Dunn P.O. Box 438 Times Rye Beach, NH 03871 Signature: Owner's signature and address if not the applicant: same Boston Ski Hill Preliminary Plan Approval The Planning Board herein approves the three (3) lot Preliminary Plan known as Boston Ski Hill which is property off of Turnpike Street . The application was submitted by Robert W. Dunn, P.O. Box 438, Rye Beach,NH 03871 on May 9, 1997. The area affected contains approximately 3 3.3 5 acres in the VR Zoning District. Findings of Fact 1. The following plans are included as part of this decision: Plan titled: Preliminary Subdivision Plan of Land of Boston Hill Ski Area, Inc. in No. Andover, MA Owned by: Robert W. Dunn Scale: 1" = 80' Date: 5/9/97 Prepared by: Geller Associates 77 North Washington Street Boston, MA 02114 2. The above referenced plans are complete and meet the requirements of a preliminary plan submittal as per the amendments cited in the correspondence from the applicants representative Geller Associates dated June 30, 1997. 3. The applicant will submit to the Planning Office the amended Preliminary Plans with the changes referenced in the above document by July 10, 1997. 4. In reference to the Definitive Plan submittal the applicant will address the issues identified in the letter dated June 24, 1997 from John C. Chessia of Coler and Colatonio. 5. The above correspondence shall be attached hereto and incorporated herein by reference. Decision Given the above Findings of Fact, the Planning Board herein approves this Preliminary Subdivision plan. cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File COLER COLANT N10 I=NGIN '-5 ANU SCIENTISTS June 24, 1997 Planning Board c/o Mr. William Scott 120 Main Street North Andover, MA 01 45 RE: Preliminary Eng Bering Review Boston Hill Ski ea ' Proposed Subdi ion Dear Mr. Scott: In response to your req t,Coler&Colantonio,Inc, has reviewed the preliminary subdivision plans for tli hove referenced site. Plans have been reviewed for confonnance with the R es and Regulations Governing the Subdivision of Land and standard engineering p lice. The submittal package included the following information: Plans Entitled: • "Preliminary ubdivision of Land of Boston Hill Ski Area,Inc"two sheets dated 5/9/97 ared by Geller Associates. We offer the following mments: 1. Sec. 3.B.3.a). Thep scales at 1"=40',however the scale listed in the title box states 1 =80'. 2. Sec. 33.3.a).(6). re are no provisions for dead-end streets in Village Residential Zones. The width o e right-of-way should be labeled. 3. Sec. 3.B.3.a).(8). ments should be shown for the detention basin, storm drains, drainage channel an here side slopes outside of the exterior street lines are steeper than 4' horizontal to ' vertical'for maintenance of slopes. 4. Sec. 3.B.3.a).(9). T drainage system is graphically indicated on the plan. It is unclear if the propo drainage concept will work based on information provided. The drainage pipe s' ,inverts,as well as groundwater clearance and soil information iii the detention basi have not been addressed. The plan should indicate inverts and size of the culvert er Turnpike Street. This culvert will need to be analyzed to 101 Accord Park Drive 617-982-5400 Norwell,MA 02061-1685 Fax:617-982-5490 Nu. (bi VrJJ assure adequacy for st development conditions. Proposed wastewater disposal facilities have not b addressed in the preliminary plan. 5. Scc. 3.13.3.a).(10). ographic features appear to be incomplete in Route 114. Access to lot 2 will difficult based on proposed topography. The proposed roadway grading is i consistent with the standard road cross-section. The plans indicate the roadwa itching to the northwest rather than crowned. The grading on Turnpike Street a s to show a swale along the centerline of the pavement northwest of the pro sed subdivision roadway. 6. Sec. 3.13.3.a).(11). a wetland line indicated should be approved by the Conservation Co sion. Modifications to this line could impact the design. 7. Sec, 3.B.3.b). Key p and locus map should be shown on cover sheet. The status of lot 1 is unclear from a locus map. Is this lot one part of the subdivision or an "approval not requir "lot? 8. Sec. 7.A.1.)g). The arming Board should review the Johnson.Street centerline to assure street jogs wi a centerline offset of less than 125' does not exist. We recommend roadwa enterline data be indicated on Route 114 and Johnson Street to document complian with this requirement. y. Sec. TA.2)a). The dth of tate Right of Way should be labeled and detailed. 10. Sec. 7.A.3)c), Verd curve data and stopping sight distance at the proposed intersection should addressed in the definitive pians. 11. Sec. 7.D). The Pl ng Board should determine if a sidewalk is required. 12. Sec. 7.E). Street should be shown on the definitive plans. 13. Sec. 7.F). Street si location should be shown on the definitive plans. 14. Sec. 7.G). All utili ocations should be shown on the definitive plans. 15. Sec. 71). It is uncle if the Planning Board will require open space/parkland dedication in this su 'vision. 16, Sec. 7.K). The Plan ng Board may require the protection of natural features,some of which may not be dicated on this plan, 17. Sec. 71). All water ilities should be shown on the plans. 18. Sec.7.M). Waste disposal has not been addressed in the preliminary plans. 19. Sec. 7.N). A full dr age report should be submitted with the definitive plan, including pre&post evelopment runoff plans and calculations,culvert analysis, down stream impact om development and a hydraulic analysis for storm sewers. Underdrains may be quired.if soil testing indicates high groundwater conditions. No soil data has bee rovided with the preliminary plan. 1 - f'IU. r t31 !/t74 i 20. Sea 7.0). The PI g Board should discuss the requirements relative to fire alarms. 21. Sec. 7.P), Monume symbols should be included in the legend. 22. A State curb cut t may be required for the proposed roadway. We appreciate the oppo ity to assist the Planning Board on this project and hope that this information is sufffifi ent for your needs. We would be pleased.to meet with the Board or the design en . . to discuss this project at your convenience. If you have any questions please do not esitate to contact us. Very truly yours. COLER&COLANTO O,INC. John C. Chessia,P.E. cc: Geller Associat r i C14! 1,7!i 774 U4. 4� Ol/��34J.:,:i UtLLCK r1��Ul,li-1 I C5 Y'�;Ut b'� t June 30, 1997 John C. Chessia, P.E. Coler&Colantonio, Inc. Geller AseociaoW hK. 101 Accord Park Drive ske Planning Norwell, MA 02061-1685 Landscape A.mhiteCwM 77 North Washing=street Re: Boston Sid Hill, Preliminary Subdivision Boston. MA 02114 6171523-8103 Dear Mr. Chessia: FAX:6171 5234333 O I am in receipt of your letter dated June 24, 1997 The preliminary plans have revised as per your comments. Your concerns listed as No. 1,2,3, and 9 have been addressed at this time, while the remaining concerns will be addressed in the submission of the Definitive Subdivision Plans. The following is point by point response to your concerns: I. Sec. 3.11.3.a). The plan scales at i" -40', however the scale listed in the title box states 1" =80'. The scale has been corrected on the plans 2. Sec.3.B.3.a).(6). There are no provisions for dead-end streets in Village Residential Zones. The width of the right-of-way should be labeled. The length of the roadway is shown at 245'. The pavement width is 40'at the entry, and 100'outside diameter at the turnaround. The Right of Way dimensions are as follows: Radii: 30';Width: 60', Turnaround: 120' Outside diameter. The appropriate labels have been added to the pian. 3. Sec. 3.B.3.a).(8). Easements should be shown for the detention basin,storm drains,drainage channel and where side slopes outside of the exterior street lines are steeper than;4' horizontal to V vertical for maintenance of slopes. :310 Washington sweet The appropriate easement areas have been added to the plan. Newton, MA 02162 4. See.3.B.3.a).(9). The drainage system is graphically indicated on the plan. 36, H stmet Ponsmouih, NH 03901 It is unclear if the proposed drainage concept will work based on information provided. The drainage pipe size,inverts, as well as groundwater clearance C and soil information in the detention basin have not been addressed. The plan 1 U41 i bi 1 yy4 04. 45 bl 15L iy 3 i i GELLER A55Ul:1A TES NAGE 03 should indicate inverts and size of the culvert under Turnpike Street. This culvert will need to be analyzed to assure adequacy for most development conditions. Proposed wastewater disposal facilities have not been addressed in the preliminary plan. As Preliminary Subdivisions are not required to provide a drainage analysis, we have not sized the pipes or provided invert information at this time. We intend to submit a complete drainage analysis along with the Definitive Subdivision application. 5. Sec.3.B.3.a).(10). Topographic features appear to be incomplete in Route 114. Access to lot 2 will be difficult based on proposed topography. The proposed roadway grading is inconsistent with the standard road cross- section. The plans indicate the roadway pitching to the northwest rather than crowned. The grading on Turnpike Street appears to show a swale along the. centerline of the pavement northwest of the proposed subdivision roadway. Topographic features in Route 114 are complete. Topographic information for Route 114 was taken from the plan entitled Boston Hill, prepared by H.W. Moore .Associates, Inc., dated 3131189. We will verify these grades prior to the submission of a Definitive Plan. The proposed Boston Hill Road has been graded without a crown to reduce the amount of drainage infim"cture required. If this is unacceptable to the Planning Board we will revise the plan accordingly for the Definitive Subdivision submission. 6. Sec.3.H 3.a).(11). The wetland line indicated should be approved by the Conservation Commission. Modifications to this line could impact the design. We will apply for all permits require by the NACC prior to the submission of a Definitive Subdivision application with the Planning Board. 7. Sec.3.B.3.b). Key map and locus map should be shown on cover sheet. A The status of lot 1 is unclear from the locus map. Is this lot one part of the subdivision or an`approval not required"lot? Key map and locus plan have been proved as required by the Preliminary Subdivision application guidelines. Lot 1 is a pan of the subdivision, and has been provided appropriate frontage on the proposed Boston Hill Road S. Ser.7.A.1.)g). The Planning Board should review the Johnson Street � centerline to assure street jogs with a centerline offset of less than 125' does not I i b4/lb/17b4 tJ4: 4� bl!5'�i4 ii uELLER ASSU(iATES P46E 04 exist. We recommend roadway centerline data be indicated on Route 114 and Johnson Street to document compliance with this requirement. The centerlines of the proposed Boston Mill Rd. and Johnson street are aligned. 9. Sec.7JL2(a). The width of the Right of Way should be labeled and detailed. The Right of Way dimensions are as follows: Radii: 30; Width: 60', Turnaround: 120'Outside diameter. The appropriate labels have been added to the plan. 10. Sec-1&3(c). Vertical curve data and stopping sight distance at the proposed intersection should be addressed in the definitive plans. The Definitive Subdivision submission will include vertical curve data and stopping sight distance at the proposed intersection. 11. Sec- 7.4 The planning Board should determine if a sidewalk is required. If required, the Definitive pians will show sidewalks. 12. Sec. 7.E). Street trees should be shown in the definitive plans. The Definitive plans will show street trees. 13. Sec.7.F). Street sign location should be shown on the definitive plans. the Definitive plans will show street sign locations. 14. Sec. 7.G). ,All utility locations should be shown on the definitive plans. the Definitive plans will sho*all utility locations. J 15.Sec. 7.J). It is unclear if the Planning Board wdl require open spaWparldand dedication in this subdivision. According to the Town of North Andover Mules and Regulations Governing the Subdivision of Land, no open space or parkland is required. 16. Sec, 7.i). The Planning Board may require the protection of natural features,some of which may not be indicated on this plan. i na,id/zj�µ Uw: 45 bi r5�sa � utLLtt aSSlii IaTtS Nuut rs5 ,All='Mm' g natural features have been indicated on the plans. 17. Sec.7.L). All water facilities should be shown on the playas. the Definitive plans will include all water facilities. 18. Sec. 7.M). Wastewater disposal has not been addressed in the preliminary plate the Definitive plans will include plans wastewater disposal. 19. See. 7.N). A full drainage report should be submitted with the definitive plan,including pre& post development runoffplans and calculations,culvert analysis,down stream impacts from development and a hydraulic analysis for storm sewers. Underdrains may be required if sod testing indicates high groundwater conditions. No soil data has been provided with the preliminary per• the Definitive plans will include a complete drainage analysis and soils report. Preliminary Subdivisions are not required to provide soil infomation. 20. Set.7.0). The Planning Board should discuss the requirements relative to fire alarms. The North Andover Fire Department reviewed the preliminary submission and no comment at the Technical Review Committee Meeting. We will again meet with the Fire Department prior to the Definitive Submission. 21. Sec.7.P). Monument symbols should be included in the legend. Monuments have been added to the legend. 22.A State curb cut permit may be required for the proposed roadway. We anticipate applyingfora State Curb Cut Permit at the time of the Definitive Submission. i 1 RECEIVED JOYCE BRADSHAW TOWN CLERK ORTH DOVER _ 3: 2.3 r_ cz-�, --�41� t , w-, 4 , r0WW eU .k FORM B MAY 9 4 oo P0, 1 APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN May 9 1997 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81—L, for approval of a proposed subdivision shown on a plan entitled Preliminary Subdivision of Land of Boston Ski Hill Area, Inc. By Geller Associates Inc. dated May, 9 t 1997 being land bounded as follows: See attachment #1. hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the Rules and Regulationsofthe North Andover Planning Board and makes application to the Board for approval of said plan. Title reference: North Essex Deeds, Book 1182 Page 306 ; or Plan #11432 Certificate of Title No. , Registration Book , Page ; or Other: Applicant's signature: Received by Town Clerk: C1, i, Date. Applicant's address Boston Hill Ski Area, Inc c/o Robert W. Dunn P.O. Box 438 Time: Rye Beach, NH 03871 Signature: Owner's signature and address if not the applicant: same s y Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary S;xbdkvisiok Plan entitled: By: dated 1. The North Andover Planning Board has tentatively approved said plan, with- out any modifications thereof. 2. The North Andover Planning Board has disapproved said plans for the following reasons: .3. The North Andover Planning Board has tentatively approved said plane subject to the following modifications thereof: 1 Very truly yours, NORTH ANDOVER PLANNING BOARD BY Date: r Preliminary Subdivision Application Boston Hill Ski Area, Inc. May 9, 1997 Attachment 41 . Beginning at a fence post in the northern most corner of the property adjacent to Turnpike Street and running S59 41 ' 34"W for a distance of 12 . 621 , then turn to S52 22145"W for a distance of 130 . 17 ' , then turning S53 17 ' 24"W for a distance of 327 .21 ' , then turning to S52 29' 02"W for a distance of 180. 47 ' , then turning to S53 20 ' 18"W for a distance of 222 . 98 ' , then turning to S52 51 ' 55"W for a distance of 164 . 07, then turning to 53 5012411W for a distance of 193 . 45, then turning to N84 53 ' 12"W for a distance of 186 . 58, then turning to N86 28149"W for a distance of 41 . 82, then turning to N85 28 ' 19"W and running 122 . 19' , then turning to N82 22 ' 04"W for a distance of 62 . 43 ' , then turning to N85 12136" for a distance of 98 . 031 , then turning to S17 57 ' 30"E for a distance of 50 . 56' along Chestnut Street, then turning to S88 53 ' 48"E for a distance of 77 . 88 ' , then turning to S84 0221"E for a distance of 55.72 ' , then turning to N51 07101"E for a distance of 30 . 51 ' , then turning to S69 19115"E for a distance of 57 . 68, then turning S78 33' 42"E for a distance of 49. 741 , then turning to S89 01 ' 33"E for a distance of 67 . 07 ' , then turning S85 45107"E for a distance of 61 . 511 , then turning to S80 19' 51"E for a distance of 69. 76' , then turning to N89 39' 12"E for a distance of 66 . 91 ' to a drill hole, then turning to s37 39' 02"E for a distance of 107 . 36' , then turning to S35 30108"E for a distance of 95 . 40 ' to a drill hole, then turning S35 45' 08"E for a distance of 48 . 45' to a drill hole, then turning S36 16' 26"E for a distance of 146. 39' to a drill hole, then turning to S37 52 ' 01"E for a distance of 137 . 11 ' , then turning S37 52 ' 01"E for a distance of 16' , then turning S42 53 ' 45"E for a distance of 252 . 52 ' , then turning to S40 34146"E for a distance of 150 . 46' to a drill hole, Then turning N42 58137"E for a distance of 460 . 00 ' , then turning along a 286. 00 ' radius for a distance of 143 . 89' then turning N75 08 ' 48"E for a distance of 488 . 00 ' , then turning S36 00 ' 19"E for a distance of 200 . 00 ' then turning N56 19142"E for a distance of 324 . 391 , then turning N40 21128"W for a distance of 214 . 00' , then turning N46 22"34"E for a distance of 35. 00 ' to Turnpike Street, Then turning N43 23 ' 38"W for a distance of 621 .36, then turning N43 23 ' 3811W for a distance of 77 . 00 ' , then turning along a 19, 660 ' radius for distance of 23 . 76 ' , then turning along a radius of 19, 660' for a distance of 401 . 30 ' to the point of beginning. UST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP PAR # NAME ADDRESS 141A 1147Id `4�)op j N*330 03ea" N�4 O3�Zf ABUTTERS: I hi C '1 YZ i2. S-1 - =-s n tl-' scavftioPS C 5 s 0 3L ST. W A J q (,!S' � �3 � �;►►� '::SO � C. 421p I�A-a0o h S�. �►0,A D�y)� �r� 0 1��rs 1 05 1J7Z� ao I,I91Sf 'M.?, aKo4`•VA C� D-jaLd I IZ 1 '-1- "P,Ke ET .Mn01 1 10-7 A 43 1 T.,rr,m-,c,e A . P, 0 •Bot, 363 W0 - avt-x M 4 0 18' 5' 3 3 RL(-of Vh t Lz do 1 Z 0 8 Tv -( A-iib o v 6-K ivl>4 014 I CERT. BY it .�. DATE: 11 Rig mmom 1046 BOSTON HILLS SKI AREA, INC. �./` 5-13/110 DATE—<, , PAYTO THE ORDER OF �Q l.�) IJ C.) �('r I`� C, 1 �O 1I ° c` G �^-� OLLARS Feet Bank AftW0Mv 59M A°a° .Ma"acnusoM 0l$l0 FOR 4�. - 4tlQ lam. 1 ,,,.,,�-...:. M. 11500 L046115 1:0 l L000 L 381: 9 394 2 L 590 1115 R t Town of North Andover '' ° A Office of the Planning 201 DepartmentOCT 25 PM ; 04 +� Community Development and Services Division �9SSACHUs1600 Osgood Street TG<'�� WOTH North Andover, Massachusetts 01845 M/ �S'S A "H I:I IS 2-T 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: October 17,2007 Date of Decision: October 16,2007 Date of Hearing: October 16,2007 Application of: Mesiti Development 231 Sutton Street,North Andover,MA 01845 Premises Affected: Boston Ski Hill, Route 114, Assessor's Map 107A& 107C, Lots 149 & 10 within the Village Residential Zoning District. At a regularly scheduled meeting of the Planning Board, duly posted, and held on October 16, 2007,the North Andover Planning Board voted to grant an extension of the Site Plan Review Special Permit originally issued on May 15, 2002 (the "Special Permit")to Mesiti Development for the construction of ninety-six (96) age-restricted townhouse condominium units in the Village Residential Zone located on Rte 114 in North Andover(the"Project"). This extension is granted pursuant to Massachusetts General Law,Chapter 40A, Section 9 and Section 10.31.3 of the North Andover Zoning Bylaw, and will extend the Special Permit for a period of one year to October 26, 2008, subject to the following conditions stated below. Conditions: In addition to the requirements and conditions contained in the Special Permit,the Project is subject to the following conditions: 1. In accordance with Condition No. 4(J)of the Special Permit and the Construction Phasing&Erosion Control Specification referenced therein(the"Specifications),as part of the initial construction,all existing buildings and structures shall be removed in accordance with Phase 1 of the Specifications. 2. In accordance with Condition No.2(A)of the Special Permit,for each of the five(5)phases of work described in the Specifications,prior to the commencement of work for each phase,a construction schedule shall be submitted to the Town Planner. The schedule shall include a timetable for substantial completion of that phase. (The term"substantial completion"refers to the definition in Condition No. 4(J)of the Special Permit.)No timetable for any one phase shall exceed 24 months; provided,however,that reasonably prior to the end of any 24-month period the permittee may seek from the Planning Board an extension of said 24-month period for good cause. 3. In accordance with Condition No.4(J)of the Special Permit,after substantial completion of each m phase,the permittee shall provide to the Town Planner a report confirming substantial completion of that phase including confirmation that all slopes have been stabilized. The permittee's obligation to 1 Boston Ski Hill Construction of 96 age-restricted town house condominiums Map 107A& 107C,Lots 149&10 Site Plan Review Special Permit October 16,2007 make such a report is in addition to the requirement of Condition No. 2(E)of the Special Permit that an independent Environmental Monitor submit weekly reports to the Planning Board. 4. Upon the determination of the Planning Board in consultation with Town Staff and the independent review consultants that a safety issue has arisen in connection with the construction of the Project in accordance with the approved plans,the permittee,upon written notice from the Planning Board or its representative, shall appear before the Planning Board to discuss remediation of said safety issue at the time and place provided in said notice. Said safety issues shall include,but not be limited to, traffic safety issues, if any,arising in connection with the future expansion of Route 114. 5. This Notice of Decision shall be recorded with the Registry of Deeds and evidence of recording shall be provided to the Planning Department. Accordingly,Mesiti may proceed with the approved project in accordance with the Site Plans referenced in the Site Plan Review Special Permit Decision,as modified by the conditions referenced above. North Andover Planning Board t Planning B and Chair&Z or Town Planner as authorized by a vote of the Planning Board Commonwealth of Massachusetts Essex, ss '('O�lJ.W20 O Then personally appeared the above-named Lincoln Daley,Town Planner,who acknowledged the foregoing instrument to be the free act and deed of the North Andover Planning Board before me. Notdry Public � My Commission Expires: 51 �j e �w _, Mary Leary•ippofitD v- Notary Public Commonwealth of Massachusetts My Commission Expire = .. May 16,2014 2635X%Boston ' 4 - 2 11 1 16 , I 0 " .6"oo Town of North Andover V 0 10 Office of the Planning Department 2DO] OCT 25 F11 li: 04 Community Development and Services Division SS C US 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF DECISION This is to certify that twenty(20)days have elapsed from date of decision,filed Any appeal shall be filed without filing ofan a IBradsha within (20) days after the Datyce A.e �10, Jo *h date of filing this notice in Town a@* the office of the Town Clerk. Date: October-17,2007 Date of Decision: October 16,2007 Date of Hearing: October 16,2007 Application of: Mesiti Development 231 Sutton Street,North Andover,MA 01845 Premises Affected: Boston Ski Hill, Route 114, Assessor's Map 107A& 107C, Lots 149 & 10 within the Village Residential Zoning District. At a regularly scheduled meeting of the Planning Board, duly posted, and held on October 16, 2007, the North Andover Planning Board voted to grant an extension of the Site Plan Review Special Permit originally issued on May 15, 2002 (the "Special Permit") to Mesiti Development for the construction of ninety-six (96) age-restricted townhouse condominium units in the Village Residential Zone located on Rte 114 in North Andover(the"Project"). This extension is granted pursuant to Massachusetts General Law,Chapter 40A, Section 9 and Section 10.31.3 of the North Andover Zoning Bylaw,and will extend the Special Permit for a period of one year to October 26, 2008, subject to the following conditions stated below. Conditions: In addition to the requirements and conditions contained in the Special Permit,the Project is subject to the following conditions: 1. In accordance with Condition No. 4(J)of the Special Permit and the Construction Phasing&Erosion Control Specification referenced therein(the"Specifications), as part of the initial construction,all existing buildings and structures shall be removed in accordance with Phase I of the Specifications. 2. In accordance with Condition No. 2(A)of the Special Permit, for each of the five(5)phases of work described in the Specifications, prior to the commencement of work for each phase,a construction schedule shall be submitted to the Town Planner. The schedule shall include a timetable for substantial completion of that phase. (The term"substantial completion"refers to the definition in Condition No. 4(J)of the Special Permit.)No timetable for any one phase shall exceed 24 months; provided, however,that reasonably prior to the end of any 24-month period the permittee may seek from the Planning Board an extension of said 24-month period for good cause. 3. In accordance with Condition No.4(J)of the Special Permit,after substantial completion of each phase,the permittee shall provide to the Town Planner a report confirming substantial completion of that phase including confirmation that all slopes have been stabilized. The permittee's obligation to Boston Ski Hill Construction of 96 age-restricted town house condominiums Map 107A& 107C,Lots 149& 10 Site Plan Review Special Permit October 16,2007 make such a report is in addition to the requirement of Condition No.2(E)of the Special Permit that an independent Environmental Monitor submit weekly reports to the Planning Board. 4. Upon the determination of the Planning Board in consultation with Town Staff and the independent review consultants that a safety issue has arisen in connection with the construction of the Project in accordance with the approved plans,the permittee,upon written notice from the Planning Board or its representative, shall appear before the Planning Board to discuss remediation of said safety issue at the time and place provided in said notice. Said safety issues shall include, but not be limited to, traffic safety issues, if any, arising in connection with the future expansion of Route 114. 5. This Notice of Decision shall be recorded with the Registry of Deeds and evidence of recording shall be provided to the Planning Department. Accordingly, Mesiti may proceed with the approved project in accordance with the Site Plans referenced in the Site Plan Review Special Permit Decision, as modified by the conditions referenced above. North Andover Planning Board �.� , ' Planning B and Chai an or Town Planner as authorized by a vote of the Planning Board Commonwealth of Massachusetts Essex, ss . 20 07 Then personally appeared the above-named Lincoln Daley, Town Planner,who acknowledged the foregoing instrument to be the free act and deed of the North Andover Planning Board before me. NotPublic���l" �a t My Commission Expires: Mary Learylppolito eta Notary Public cv Commonwealth of Massachusetts My Commission Expires 2635 5VP Boston 0i,: 24 � May 16,2014 2 ROBINSON & COLE LLP TIMOTHY C.TWARDOWSKI One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617)557-5999 ttwardowski@rc.com Direct(617)557-5965 May 27,2008 Via Hand Delivery Joyce Bradshaw Town Clerk Town of North Andover 400 Osgood Street North Andover,Massachusetts 01845 Re: Application by Bell Atlantic Mobile of Massachusetts Corporation,Ltd.,d/b/a Verizon Wireless to renew the Special Permit for the existing Wireless Services Facility located at Turnpike Street(a.k.a., 1275 Turnpike Street or Five Boston Street),North Andover,MA Dear Ms. Bradshaw: Enclosed is an application to the North Andover Planning Board, submitted on behalf of Bell Atlantic Mobile of Massachusetts Corporation,Ltd.,d/b/a Verizon Wireless("Verizon Wireless"),to renew the Special Permit for the existing Wireless Service Facility located at Turnpike Street,North Andover,Massachusetts. Enclosed,in accordance with the Planning Board's requirements,please find one(1)full-size copy and eleven(11) 11"x 17"size copies of the accompanying plans entitled"Verizon Wireless,North Andover,Turnpike Street,"prepared by Drewberry Goodkind,Inc.,dated May 21, 2008. Also enclosed is a check in the amount of$100.00 representing payment of the required Special Permit filing fee and three(3)copies of the following: A. Special Permit Application Form; Law Offices B. Statement in Support of the Application for Renewal of the Special Permit; BOSTON C. North Andover Zoning Map showing the location of the Subject Property; HARTFORD NEW LONDON D. Map showing other'.preexistent and approved Wireless Service Facilities in North Andover and within one(1)mile of its boundaries; STAMFORD HITF PLAINS E. Photographs of the Existing Wireless Service Facility; . W YORK CITY , SARASOTA www.rc.com BOSTI-941377-2 ROBINSON & COLELLP North Andover Town Clerk May 27,2008 Page 2 of 2 F. Report of Donald L. Haes,Jr.,Ph.D.,regarding compliance with FCC radiofrequency emission requirements and regulatory guidelines for RF exposure; G. Report of Modeling Specialties regarding compliance with the noise level requirements; H. Radio Frequency Coverage Maps; I. Federal Communications Commission Licenses; J. Certified Abutters Listing; and K. Authorization Letter of Property Owner L. Zoning Letter from Gerald A.Brown,Inspector of Buildings, dated April 10,2008 Also submitted in connection with this Application are two (2)complete sets of stamped envelopes addressed to each abutter and twelve(12)additional first-class postage stamps for surrounding towns. Please acknowledge receipt of the application materials and filing fee by date-stamping the enclosed extra copy of this letter and application and returning it to the undersigned. This application is submitted with a full reservation of the Applicants' rights under all applicable federal, state and local laws and regulations. If you have any questions or concerns regarding this matter,please do not hesitate to contact me directly. Sincerely, Timothy C. Twardowski Enclosures Copy to: Town of North Andover Planning Board Stephen Russell,Vital Site Services,Inc. ti 3°QED Town of North Andover Planning Board ,, 0 Application for Special Permit Please type or print clearly. M4 1. PetitionerBell Atlantic Mobile of Massachusetts Corporation, Ltd. , d/b/a Verizon Wireless Petitioner's Address 400 Friberg Parkway, Westborough, MA 01851 Telephone number: 2. Owners of the Land: John C. Farnum Address: 426 Farnum Street, North Andover, MA 01845 Number of years of ownership: King's Grant to the Farnum Family 3. Year lot was created: 4. Description of Proposed Project: To renew the special permit to operate and maintain the existing wireless service facility on the existing concrete structure on the smote. See attached narrative for further explanation. 5. Description of Premises: See attached narrative. 6. Address of Property Being Affected Turnpike Street (a.k.a Five Boston Street, 1275 Zoning District: Village Residential Turnpike St. Assessors: Map: 107.0 Lot# 11 Registry of Deeds: Book#: Page#: 7. Existing Lot: rooftop latt" g tower Lot Area(Sq.Ft) 413• 384± Building Height 85'+ (extends to 1�+� ) Street Frontage: N/A Side Setbacks: 166' ± Front Setback: 3791+ Rear Setback: 2 91 ► ± Floor Area Ratio: 0.013 Lot Coverage: 5.296 SF + 8. Proposed Lot(if applicable): Lot Area(Sq.Ft) Same Building Height Same Street Frontage: Same Side Setbacks: Same Front Setback: Same Rear Setback: Same Floor Area Ratio: Same Lot Coverage: Same 9. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 43,560 Building Height 35' . Street Frontage: 85' Side Setbacks: 15' Front Setback: 25' Rear Setback: 30' Floor Area Ratio: N/A Lot Coverage:— N/A 10. Existing Building(if applicable): Ground Floor(Sq.Ft.) 1,296 ± #of Floors: 7 Total Sq.Ft. 9,072 ± Height: 85' ± (rooftop lattice tower extends Use: Wireless service a icy Type of Construction Concrete to 110') it. Proposed Building: Ground Floor(Sq.Ft.) Same #of Floors: Same Total Sq.Ft. Height: SAme Use: ame Type of Construction N/A 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? March 10, 2005 – Wireless service facility ' 13. Section of Zoning Bylaw that Special Permit Is Being Requested Section 8.9.3 (a) (iii) 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 oard of this application as incomplete. Petitioner's Signature: -��/�=f / Print or type name here: Bell A9t1antic Mahn,- of Massachusetts Corpa on, Ltd. d/b/a By its attorneys Michael S. Giaimo Verizon (owner's letter Timothy C. Twardowski Wireless Owner's Signature: of authorization Rob;nGnn & Cnl P T T P a` c e -) One Boston Place, Boston, MA 02108 Print or type name here: John C. Farnum 15. Please list title of plans and documents you will be attaching to this application. (See attached list of plans and documents) TOWN OF NORTH ANDOVER STATEMENT IN SUPPORT OF APPLICATION FOR RENEWAL OF SPECIAL PERMIT APPLICANT: Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless PROPERTY: Turnpike Street(a.k.a., 1275 Turnpike Street or Five Boston Street) North Andover, MA 01845 Map 107C, Parcel 11-00 ZONING DISTRICT: VR—Village Residential DESCRIPTION OF APPLICANT AND EXISTING WIRELESS SERVICE FACILITY The applicant, Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless (hereinafter referred to as the "Applicant'or"Verizon Wireless"), is licensed by the Federal Communications Commission to provide cellular mobile radiotelephone service within the market area that includes the Town of North Andover. The existing wireless service facility on the property, which is located at Turnpike Street (a.k.a., 1275 Turnpike Street or Five Boston Street ) (Map 107C, Parcel 11-00) in North Andover(the"Site"), is an 85-foot high, four-sided concrete building that currently has attached to it numerous antennas and other types of communications equipment ("the Tower"). The Tower was constructed as a radar antenna support tower in or about 1957, and has been used continuously for wireless telecommunications purposes by Verizon Wireless and its corporate predecessors, since at least 1984. Over the years, other personal wireless service providers that compete with Verizon Wireless have also established telecommunications facilities at the Site and on the Tower. Several licensed personal wireless service providers are currently operating telecommunications communications equipment installed on the Tower. As shown on the site plan submitted with this application(the"Site Plan"), existing Verizon Wireless facility contains: three arrays of four panel antennas, for a total of twelve panel antennas and one microwave dish attached to the exterior walls of the Tower, and an equipment cabinet and emergency generator located inside the Tower(the"Existing Facility"). The Existing Facility is a personal wireless services facility within the meaning of the federal Telecommunications Act, 42 U.S.C. §332(c)(7)(C)(ii) and a wireless service facility pursuant to Section 8.9.2(z) of the North Andover Zoning Bylaw(the"Zoning Bylaw"). The Existing Facility enables Verizon Wireless to provide reliable modern telecommunications services to people living, working and traveling within the Town of North Andover. SPECIAL PERMIT BACKGROUND In 1998, the Town of North Andover at a Town Meeting adopted an amendment to the North Andover Zoning Bylaw to add Section 8.9 concerning wireless service facilities. In a petition BOSTI-940613-1 05/27/08 11:57 AM filed with the Zoning Board of Appeals on November 4, 2004, Verizon Wireless stated the position that it does not require zoning relief under Section 8.9 for the in connection with its proposal to add antennas to its preexisting wireless communications use at the Site. Notwithstanding that view of the applicable law, Verizon Wireless applied for special permit approval under Section 8.9 in an effort to facilitate its proposed addition of antennas at this site without a prolonged and possibly unnecessary dispute over the applicable zoning. The special permit application, which was submitted with a full reservation of all of Verizon Wireless' rights under federal state and local law, was approved by the Planning Board and filed with the office of the Town Clerk of North Andover on May 27, 2005. The special permit decision was subsequently modified at the request of the Planning Board and re-filed with the office of the Town Clerk on June 15, 2005 (the"2005 Special Permit"). A copy of the 2005 Special Permit, which was recorded at the Northern Essex Registry of Deeds at book 9706,page 145, is attached hereto as Exhibit A. Following the issuance of the 2005 Special Permit, Verizon Wireless withdrew its petition to the Zoning Board of Appeals without prejudice. RENEWAL OF WIRELESS SERVICE FACILITY SPECIAL PERMIT Pursuant to Section 8.9.3(a)(iii) of the Zoning Bylaw,a wireless service facility is permitted in any zoning district of the Town of North Andover upon issuance of a special permit by the Planning Board, provided that the wireless service facility complies with the special permit requirements of Section 10.3 and all of the requirements set foriii In the Zoning Bylaw. Section 8.9.1(a), further provides that: "No wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the [Planning Board]." In cases where a special permit issued by the Planning Board for a wireless service facility is set to expire, Section 8.9.12(a) of the Zoning Bylaw states that the "special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit." As will be demonstrated at the hearing and through the submitted application materials, this application and the Existing Facility satisfy these requirements. ANALYSIS OF WIRELESS SERVICE FACILITIES STANDARDS District Regulations - Section 8.9.3. As demonstrated by the radio frequency coverage maps submitted with this Application, and as will be further explained at the hearing on this Application, the Existing Facility enhances the ability of Verizon Wireless to serve its customers located or traveling near the Site. The availability of reliable wireless communications service enhances community safety and is relied upon by civil defense and other safety officers as well as the general public in times of crisis, natural disaster, traffic accidents and similar circumstances. Reliable wireless communications service is counted on by residents and businesses, including delivery services, plumbers, contractors, repair personnel, and others who require portable communications because of the nature of their occupations. Prior to the installation of the Existing Facility, Verizon Wireless' customers experienced dropped calls or inconsistent service due to the lack of a Verizon Wireless facility in this vicinity. The Existing Facility,by providing improved service to residents and businesses within, and people traveling through North Andover, therefore promotes the health, safety, convenience and general welfare of the inhabitants of the Town, as envisioned by Section 8.9.3(a)of the Zoning Bylaw. The Existing -2- Facility also satisfies the co-location standards of Sections 8.9.3(b) and 8.9.6 of the Zoning Bylaw because it is located on an existing structure that already hosts numerous wireless service facilities. Dimensional Requirements—Section 8.9.3(c). As shown on the Site Plan, the Existing Facility satisfies the general height limitation of Sections 8.9.3(c)(i) and(iii)because its components do not extend above the roof height of the existing structure on the Site. In connection with applicable setback requirements, the Existing Facility complies with all of the requirements of Section 8.9.3(c)(v). Design Standards—Section 8.9.4. As demonstrated by the Site Plan and the photographs submitted with this application, the Existing Facility is consistent with and does not detract from the appearance of the existing structure and the Site. The Existing Facility satisfies the design standards set forth in Section 8.9.4 of the Zoning Bylaw, as follows: • Section 8.9(4)(a)—The Existing Facility does not extend above the roof height of the existing structure and is consistent in appearance with the other wireless service facilities located on the concrete antenna support structure at the Site. The Existing Facility consists of antennas that are consistent in appearance with the nature of the existing antenna support structure and the various communications equipment on that structure—it would serve no purpose to require Verizon Wireless to paint the existing antennas to match the existing structure or the sky and clouds as required by Section 8.9.4(a)(iii). Accordingly, Verizon Wireless is requesting a waiver pursuant to Section 8.9.5(d)(ix). • Section 8.9.4(b)—The Existing Facility does not include lighting or signage. • Section 8.9.4(c)—The concrete tower structure on the Site is not an historic structure. • Section 8.9.4(d) —The Site is not located within three hundred(300) feet of a Scenic Road and is already camouflaged from the nearest roads by a buffer of dense tree growth. • Section 8.9.4(e)—As demonstrated by the report prepared by Modeling Specialties, attached hereto as Exhibit G, and as will be further explained at the public hearing on this Application, the Existing Facility satisfies the noise standards of Section 8.9.4(e). .. • Section 8.9.4(f)—As set forth in the report of Dr. Donald L. Haes, Jr., included with the Application, the Existing Facility is in compliance with all applicable federal requirements for RF emissions. Given the pre-existence of the Existing Facility, and the fact that no changes are being proposed under this application, Verizon Wireless is requesting a waiver pursuant to Section 8.9.5(d)(ix) of the structural engineer certification requirement of Section 8.9.4(f)(ii). Application Procedures —Section 8.9.5. This Application to renew the special permit for the Existing Facility complies with the application procedure requirements of Section 8.9.5, except that waivers pursuant to Section 8.9.5(d)(ix) are requested,consistent with those granted under the 2005 Special Permit, as follows: -3- • Section 8.9.5(d)(iii)(3) —Depiction on the site plan of tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. • Section 8.9.5(d)(iii)(8)—Depiction on the site plan of distances, at grade, from the Existing Facility to each building on the vicinity plan. • Section 8.9.5(d)(iii)(12)—Depiction on the site plan of sight lines showing viewpoint and visible point. • Section 8.9.5(d)(111)(13)—Depiction on the site plan of all wetlands on the subject property and within one hundred (100) feet of the Existing Facility as approved by the Conservation Commission. • Section 8.9.5(d)(iv)(1)-(4)— Sight lines and photographs: Photographs of the Existing Facility are submitted with this application. • Section 8.9.5(d)(v)(1), (2)—Equipment brochures for the proposed wireless service facility and materials of the proposed wireless service facility specified by generic type and specific treatment. • Section 8.9.5(d)(v)(3)—Colors of the Existing Facility represented by a color board. • Section 8.9.5 d)(v)( )—Appearance earance shown by at least two photographic superimpositions ( of the wireless service facility within the subject property. Photographs of the Existing Facility are submitted with this application. • Section 8.9.5(d)(v)(6) —Landscape plan. • Section 8.9.5(d)(v)(7) —Balloon or crane test. • Section 8.9.5(d)(vii)(3)—Massachusetts Department of Public Health("DPH") approval letter. Verizon Wireless notes that DPH has not issued such letters with regard to any wireless service facility since 2002. • Section 8.9.5(d)(viii) —Federal environmental filing requirements. • Section 8.9.11(c)—Annual certification regarding FCC, FAA and ANSI compliance. Discussion of Requested Waivers—Section 8.9.5(d)(ix). Verizon Wireless requests that the Planning Board find, as required by Section 8.9.5(d)(ix),that the information required in the foregoing sections from which waivers are being sought by Verizon Wireless is not needed for a g g thorough review of this Application because it requests only that the Planning Board renew the special permit that it previously issued for the Existing Facility. This Application will in no way change the character or environmental, aesthetic or other impacts of the Site. -4- ANALYSIS OF SPECIAL PERMIT STANDARDS Conditions for Approval of Special Permit—Section 10.31. The Existing Facility meets the conditions for approval of Special Permits generally as set forth in Section 10.31 of the Zoning Bylaw. Specifically, the Existing Facility: • is located on an existing concrete tower structure on the Site that presently hosts several wireless service facilities and the Existing Facility is accordingly in keeping with that use; • does not adversely affect the neighborhood or create a nuisance or hazard to vehicles or pedestrians because it is located on the Site, which, as described above, already is in use for wireless communications purposes by Verizon Wireless and several other wireless communications providers; • is already served by adequate and appropriate utilities on the site and this Application will not create any additional demand for facilities; and • is in harmony with the general intent and purpose of the Zoning Bylaw with regard to wireless service facilities because it is located on a Site that is already extensively used for such facilities and therefore does not produce any of the impacts which the Zoning Bylaw's provisions regarding wireless service facilities are intended to prevent or minimize. CONCLUSION For all of the foregoing reasons and based on this application and such additional information as will be presented at the hearing, and, as described above, with full reservation of its rights under local, state and federal law, including, without limitation, the Telecommunications Act of 1996, Verizon Wireless respectfully requests that the Planning Board approve the application of Verizon Wireless to renew the Special Permit to allow the continued use and operation of the Existing Facility at the Site as shown on the Site Plan. Respectfully Submitted, Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless By its attorneys, Miefrael G. Giaimo, Esq. Timothy C. Twardowski, Esq. Robinson& Cole LLP One Boston Place, 25th Floor Boston, MA 02108 (617) 557-5900 Dated: May 27, 2008 -s- 9� North Andover Zoning O Subject Property I.i I AT w r, I d f z m t y: r ?ti moo. i k Legend Y"Rosh R-I t�to�vti Rims.Y�n6c,S+wnns•n1 Ravn�xs � '�§" p t` :tnmrv��a r aumnw iM � R Ma+mal Huai _ �Rexi�rcal Unum d Ylhge Conmwrvul.T.Wvn ! y � `. i pey`.��lbge AnMrn vJ U+vab y ®IraetliCY`iq SSG!! �,�" wrrnre�renim G.. AYsrrY..rtnirsi � •a.�r��ruerr.atyu�.•s �I err-vsr.uoo ! a® . xa aoo aw rr ! orrr.� a.e.nrw + ! *• �•• ��,�•+•�,,, _ i riae:�rboawwuw+c,rraame6�n� \ �.--'R6 �..�..+er� � Il Zania�Bylw�dB�odaedetia�AAvdovQ \r�p� Current Sites Surrounding Town of North Andover THUEQ_MA_HD OVELD _ LA REABE_3_MA E _MA_H GEORG TI_2_ WREIQE_S_ A 4ND 2 MA LAWRE —2—M SHAWSHAJ_VILLA N_A O _MA_H D Session:Andover User:flanaja Thu Apr 1011:18:22 2008 UTM Zone 16 Datum:NAD83 Center Let:42.40-42.88 N Center Lon: 71-05-13.29 W Cel M I D D LbL Cell Name M r Sectors M z c M I N GT MA_HID . ast_low ns mseLr ■ sa_rsa Scale:1:82750 0 8 12 1/10 Miles "Wkw M GeoPlan v5.3 Proprietary and Confidential ltww,- :�,J4'•}T�i *;4! � '�T� �'Y SL' yC =�� +iL. "Y�»,.� h N r � P s yr .01 =E, •�I��1��.�� '�6 r-r�-���..ems, '�;`. �.k c�r3 y..,r"E' x.,$ r ,� .. e r s > n k� a, i Y � t r — E e ; a S t b' r ,.c s� Ar M i OWN k � y u k- r ;t s r " r v rye a.. w x' x x x #. a 2 A , m - � i Donald L. Haes, Jr., Ph.D., CHP Radiation Safety Specialist is MA Radiation Control Program Health Physics Services Provider Registration#65-0017 P.O.Box 368,Hudson,NH 03051 Voice: 603-303-9959 Fax: 603-386-6315 Email: donaldhaes_ P@ven' ch zon.net March 28, 2008 Re: Verizon Wireless personal wireless services antennas mounted on an existing cement building on Boston Hill in North Andover, MA(See Figure 1). PURPOSE I have reviewed information pertinent to the installation at the above location. In order to determine regulatory compliance,actual field measurements of existing ambient radio-frequency[RF] fields have been obtained. The measurements included ambient RF fields from all FCC-licensees, and the contribution from Verizon Wireless only. The physical conditions are that Verizon Wireless personal wireless services directional panel antennas for both their Federal Communications Commission[FCC]-licensed Cellular and PCS technologies are mounted on the building at centerline heights of 70-80 feet above ground level[AGL]. Several antennas from a myriad ofwireless service providers have mounted antennas on the building as well. The measured values of RF field levels are presented as a percent of current Maximum Permissible Exposures[%MPE] as adopted by the FCC (With 100% signifying an acceptable amount). SUMMARY The measured existing ambient RF field levels for all FCC-licensed activities indicate the maximum to be about three percent of the current State and Federal maximum permissible exposure limits. The contributions solely from Verizon Wireless indicate the maximum to be less than one- tenth of one percent of the current State and Federal maximum permissible exposure limits. These RF measurements are accurate, and meet both FCC and the MDPH guidelines. Based on my extensive experience with personal wireless services facilities, and the RF fields I have measured, it is my expert opinion that the Verizon Wireless personal wireless services installation complies with FCC RF emission requirements of the 1996 Telecommunications Act,and regulatory guidelines for RF exposure. Note: The professional analyses,conclusions and opinions are based upon the precise parameters and conditions of this particular site;existing cement building on Boston Hill in North Andover,MA.Utilization of these professional analyses,conclusions and opinions for any personal wireless services installation,existing or proposed,other than the aforementioned have not been sanctioned by the author,and therefore should not be accepted as evidence of regulatory compliance. RF EXPOSURE LIMITS AND GUIDELINES The RF exposure guidelines adopted by the FCC are a combination ofthe standards published by the American National Standards Institute (ANSI)' and the National Council on Radiation Protection and Measurement(NCRP) a At frequencies licensed to personal wireless services providers by the FCC, the values of the aforementioned standards are analogous. The RF exposure limits are divided into two categories: "Controlled / Occupational areas" (those areas restricted to access by RF workers only) and "Uncontrolled/Public Areas" (those areas unrestricted for public access). Listed in Table I below are the applicable RF exposure limits for uncontrolled areas as they pertain to the operating frequency bands ofthe Municipal services,and the personal wireless services industry, such as the"cellular"bands(-900± 100 MHz) and the PCS bands (1900± 100 MHz). Table I: Maximum Permissible Exposures in Uncontrolled/Public Areas For Emissions from Personal Wireless Services Facilities Frequency Bands Maximum Permissible Exposures ' 30 - 300 MHz 200 µW/cm2 300 - 1500 MHz f /1.5 inµW/cm2 Note: 1 in = 1000 µW=0.001 W For equivalent plane-wave power density, where f is the frequency in MHz. Page-2- PERTINENT SECTIONS OF THE TOWN OF North Andover ZONING BYLAWS* 8.9 Wireless Service Facilities § (8) Monitoring and Maintenance a)After the facility is in operation,the applicant shall submit to the SPGA,within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit,preexistent and current RFR measurements.Such measurements shall be signed and certified by an RF engineer, stating that RER measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. b)After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date ofissuance ofthe Special Permit,preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate, offense. * ZONING BYLAW, TOWN OF NORTH ANDOVER Last Amended July 10, 2006 Page-3- SITE LAYOUT k Y 5 S, Figure l: Communications Site on Boston Hill in North Andover, MA. *S} t: i r Figure 2: Building with Antennas Mounted Page-4- MEASUREMENT PROTOCOL RF field measurements were obtained on March 21, 2008, using accepted scientific procedures." The temperature was 39°F with sunny skies. The measuring equipment included a Narda model SRM-300 Electromagnetic Radiation Meter/Spectrum Analyzer with model 3AX 75M-3G Broadband Isotropic Probe. The instrumentation can provide a meter read-out in%oMPE (percent FCC 1997 Maximum Permissible Exposure)for members of the general public within the frequency band from 75 MHz to 3 GHz. The readings can be obtained in two different modes: (1) A "Safety Analysis" mode, where the total RF field can be examined within each frequency band licensed by the FCC (88 MHz to 3 GHz)' , along with the total of the entire band 75 MHz to 3 GHz. The instrumentation provides a meter read-out in percent FCC 1997 Maximum Permissible Exposure for members of the general public. This "Safety Analysis" mode was used to obtain the RF field values representing the "current RFR measurements" as outlined in § 8.9(8)(a) of the Zoning Bylaw, Town of North Andover. See results, Table II. (2) A "Spectrum Analysis" mode, where the total RF field can be examined with a visual representation of the spectrum(See example Figure 4)and the value of each peak identified by frequency. In this manner, and knowing the FCC-licensed frequencies(for both cellular and PCS bands) operated at the site by Verizon Wireless, information regarding the contributions from Verizon Wireless only can be obtained.When this value is subtracted from the total RF field values obtained in the "Safety Analysis" mode, the resultant value then represents the RF field values absent of Verizon Wireless;and represent the"preexistent RFR measurements" as outlined in § 8.9(8)(a) of the Zoning Bylaw, Town of North Andover. See results, Table III. The RF field measurements were obtained during normal use of the existing transmitters at the various locations(See Figure 3). The results within each band are listed in Tables II and III for the "current RFR measurements"and"preexistent RFR measurements", respectively. Page-5- t}. a Figure 3: Locations of RF Field Measurements Boston Hill Site in North Andover, MA. Anarda Safe Test Satutlons 1000 i 100 i.... _ i...... ...F.... .;'.. .. _,.i- ...i _ , 10 .1. I I I i t f , 1 I i j 1 _.. j_ .. 0.001 i 00001 500 1000 1500 2000 2500 3000 Isotropic Result Standard: FCC GP Figure 4: Sample Spectrum Analysis of Measurement Location #1 Page-6- � RESULTS Table H: Results of RF Field Measurements Representing the "Current RFR Measurements" Boston Hill and Surrounding Area,North Andover,MA Location Number Percent Public Maximum Permissible (See Figure 3) Exposure( % MPE)* 1 3.018% 2 3.097% 3 0.319% 4 0.318% 5 0.227% 6 0.193% 7 0.203% 8 0.223% 9 0.243% 10 0.218% * Total,75 MHz-3 GHz:% MPE Members of the Public Page-7- Table III: Results of RF Field Measurements Representing the "Preexisting RFR Measurements" Boston Hill and Surrounding Area,North Andover,MA Column 2 minus Total Percent Public Total Contributions Column 3; Location Number Maximum Permissible from Verizon Representing (See Figure 3) o * Wireless Only; "Preexisting RFR Exposure( /o MPE) (%MPE) Measurements" % MPE 1 3.018% 0.048% 2.970% 2 3.097% 0.051% 3.046% 3 0.319% 0.016% 0.303% 4 0.318% 0.079% 0.238% 5 0.227% 0.029% 0.198% 6 0.193% 0.084% 0.109% 7 0.203% 0.070% 0.133% 8 0.223% 0.090% 0.134% 9 0.243% 0.051% 0.192% 10 0.218% 0.077% 0.141% * Total, 75 MHz - 3 GHz:% MPE (Public) Page-8- CONCLUSION The measured existing ambient RF field levels for all FCC-licensed activities indicate the maximum to be about three percent of the current State and Federal maximum permissible exposure limits. The contributions solely from Verizon Wireless indicate the maximum to be less than one- tenth of one percent of the current State and Federal maximum permissible exposure limits. These RF measurements are accurate, and meet both FCC and the MDPH guidelines. Based on my extensive experience with personal wireless services facilities, and the RF fields I have measured, it is my expert opinion that the Verizon Wireless personal wireless services installation complies with FCC RF emission requirements ofthe 1996 Telecommunications Act,and regulatory guidelines for RF exposure. Feel free to contact me if you have any questions. Sincerely, Donald L.Haes,Jr„A.D Certified Health Physicist Note: The professional analyses, conclusions and opinions are based upon the precise parameters and conditions of this particular site;existing cement building on Boston Hill in North Andover,MA.Utilization of these professional analyses,conclusions and opinions for any personal wireless services installation,existing or proposed,other than the aforementioned have not been sanctioned bythe'author,and therefore should not be accepted as evidence of regulatory compliance. Page-9- Donald L. Haes, Jr., A.D., CHP Radiation Safety Specialist MA Radiation Control Program Health Physics Services Provider Registration#65-0017 P.O. Box 368,Hudson,MA 03051 Voice: 603-303-9959 Fax:603-386-6315 Email:donald—haes-chp@verizon.net STATEMENT OF CERTIFICATION 1. I certify to the best of my knowledge and belief,the statements of fact contained in this report are true and correct. 2. The reported analyses,opinions,and conclusions are limited only by the reported assumptions and limiting conditions, and are personal, unbiased professional analyses, opinions and conclusions. 3. 1 have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent upon the reporting of a predetermined energy level or direction in energy level that favors the cause of the client, the amount of energy level estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 5. This assignment was not based on a requested minimum environmental energy level or specific power density. 6. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. 7. The consultant has accepted this assessment assignment having the knowledge and experience necessary to complete the assignment competently. 8. My analyses, opinions, and conclusions were developed and this report has been prepared, in conformity with the American Board of Health Physics[ABHP]statement of standards of professional responsibility for Certified Health Physicist. March 28, 2008 Donald L. Haes,Jr., AD Date Certified Health Physicist Page-10- ENDNOTES 1 . Federal Register, Federal Communications Commission Rules;Radiofrequency radiation; environmental effects evaluation guidelines Volume 1,No. 153, 41006-41199, August 7, 1996. [47 CFR Part 1;Federal Communications Commission]. 2 . Telecommunications Act of 1996, 47 USC; Second Session of the 10421 Congress of the United States of America, January 3, 1996. 3 . ANSIAEEE C95.1-1999: American National Standard, Safety levels with respect to human exposure to radiofrequency electromagnetic fields,from 3 KHz to 300 GHz(Updated 2005). 4 . National Council on Radiation Protection and Measurements(NCRP);Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,NCRP Report 86, 1986. 5 . ANSI/IEEE C95.3-2002: American National Standard,Recommended Practice for the Measurement of Potential Electromagnetic Fields-RF and Microwave. 6 . NCRP Report No. 119: National Council on Radiation Protection and Measurements, 1993; A Practical Guide to the Determination of Human Exposure to Radiofrequency Fields. 7 . FCC Licensee Lower Band(MHz) Upper Band(MHz) FM Radio 88 108 Paging 152 159 TV Ch. 7-13 174 216 TV Ch. 14-69 470 806 SMR Transmit 806 821 Private Land Mobile 821 824 Cellular AMPS 824 849 ESMR/Land Mobile 849 869 Cellular AMPS 869 894 Aeronautical Mobile 894 896 Private Land Mobile 896 901 PCS Narrowband 901 902 Land Mobile &Armature (Ham) 902 930 PCS Narrowband 930 931 Paging 931 932 PCS Narrowband 940 941 Public Land Mobile 941 960 PCS Broadband 1,850 1,990 Page-11- odeiing specialties nous shes"l,co" 30 Maipio ft" W"Oord,INA 01M Ph: R9rs)392.9817 RA: (97s)392-5818 Awa:rine April 11,2008 The Town of North Andover,Massachusetts RE: Environmental Sound Assessment—Verizon Wireless Communication Equipment Turnpike Street Verizon Wireless operates wireless communication equipment at the top of the hill near the intersection of Salem Turnpike and Boston Street in North Andover. Modeling Specialties, an environmental consulting firm located in Westford, Massachusetts, has conducted an assessment of environmental sound that results from the operation of wireless communication equipment by Verizon Wireless, Inc. who commissioned this study. Verizon Wireless provided the site details and access necessary to identify their equipment and evaluate its sound emissions. The purpose of this letter is to describe the equipment and the results of the survey. Their communication equipment includes antennae located on the outside of the concrete structure, two ground mounted Carrier HVAC condensers and a cable tray to connect the equipment. There is also a 60 kW Katolight Diesel Generator to support the Verizon Wireless equipment. The Verizon Wireless equipment is surrounded by HVAC equipment and generators under the control of others. However, this assessment is limited to the Verizon Wireless equipment. Orientation views of the equipment and site area are provided in Figure land Figure 2. A site visit was conducted on Friday April 11, 2008 to evaluate the equipment sound. The site evaluation was requested to evaluate whether the equipment meets the requirements of Town of North Andover bylaw. Section 8.9.4(e) addresses environmental standards for wireless service facilities, including sound generated by the facility equipment. Section 8.9.4(e)(iv) provides that, "Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier." The sound level measurement convention is used in this study, whereby "ground level' is taken to be 5 feet above the ground, representing the ears of a standing person. It is the purpose of this report to address these requirements. The site survey took place at a time when no other generators were operating on site. There were, however, several condenser units operating at any given time. Since the generator dominates the sound at the base of the structure during its operation,this evaluation is based on its sound emissions. There is no sound associated with the antennas or cabling. Sound level measurements were made in the vicinity of the equipment to characterize the sound of the operation. Compliance measurements were made at the security enclosure which is several hundred feet from the base of the structure. Detailed measurements included various statistical metrics and 1/3 octave band frequency analysis. However, the results are limited to combined A-weighted levels consistent with the By Law requirements. During the generator operation, it was possible to distinguish its sound from other sources of ambient sound such as traffic on Route 114, aircraft and light wind. While the generator made a minor increase in the resulting sound level,the combined sound level was below the standard, so the target equipment was also well below the standard. The measured sound levels of are shown in the Table 1. Table 1: Measured Ground Level Sound Levels in the Site Area 0 Measurement 11:00 AM,4/11/08 Dominant Location (dBA,Lvo Sources Observed Ambient(no Gen) 43 Distant Roadway Traffic,various site condensing units Property Line S 44 Generator,Distant Roadway Traffic,Aircraft Property Line N 44 Generator,Distant Roadway Traffic,Distant Farm Conclusion: Verizon Wireless equipment meets By Law Standards and makes minor contribution to measured sound levels at ground level fenceline locations There is no technically'defensible way to subtract the sound from the other'sources if those sources dominate the sound field. Additional measurements were made near the equipment in case they were needed to model the generator sound at the fenceline locations. However, since the measured receptor sound levels dominated by other sources were still under the By Law standard, the sound from Verizon Wireless alone was well within compliance with the standards. These measurements were made using a Bruel&Kjaer sound level meter that meets the requirements of ANSI SIA Type 1 —Precision specification for sound level meters. The meter was mounted on a tripod approximately 5 feet above the ground. The microphone was fitted with the factory recommended 3-inch foam windscreen. The meter was programmed to take measurements and store the processed statistical data. The statistical levels were documented for use in this analysis. Various statistical metrics were collected, but the L90 is presented to represent the background sound level that includes the continuous sound from the condenser fan. I certify that the analysis of sound levels is accurate and consistent with methods that are common to the acoustic analysis of such sources. I am qualified to make this statement based on training and experience in conducting analyses of environmental sounds. I am a Certified Consulting Meteorologist with approximately 20 years experience conducting environmental analyses in the technical areas of air quality, noise, and visual aesthetics. I am a technical expert on the noise committee of Air & Waste Management Association headquartered in Pittsburgh, Pennsylvania. I have published many refereed papers on various aspects of environmental noise. I have analyzed the noise emissions of major industrial projects such as power plants, wastewater treatment plants and manufacturing facilities. Related to these analyses, I have testified as a technical expert before the Energy Facility Siting Boards of Massachusetts and Rhode Island. I have also testified before many regional and municipal approval boards in Massachusetts,Rhode Island, New Hampshire, Maine, New York,Michigan, Illinois,and California. Thank you for your attention. Respectfully, Modeling Specialties Douglas L. Sheadel g ,CCM Principal x �< k a N� K " S " Figure 1: Aerial Image of Site Area Showing Receptor and Equipment Orientation 4: m r � � a e a. rH �aP% q- yvx� +z5,k s Figure 2: Detail of Verizon Wireless Ground Mounted Equipment in the Context of Other Equipment 1. ti� t t 0 e IA x s r � . 1 Figure 3: Field Image from Fence at the Measurement Location South r A P s a x 9` 3 3' YY E > e III Figure 4: Field Image from the Site Drive showing Fence and Measurement Location Northeast North Andover Existing Coverage S Nt '-! LR MA K I E,N MA ram WREiAaf=, _5 LAWR'E s z� SHAWSH �. . tri # ;,.. Session Andover User:flanaja ] r Thu Apr 10 11:21:27 2008 UTM Zone 18 Datum:NAD83 = a^ tfle Center Lat 42-40-42.88 N { Center Lon: 71-05-13.29 W Cells Lbl:Cell Name Sectors �°oMr+z co�9 t r P ®northeast towns ®msa_rsa s ` F1.CDMAEc MINGT ; CIr:--85 Bm) s 13�_-85 RSSI I � s� c Scale:1:82750 9 0 6 12 1/10 Miles Vern onwifeless GeoPlan v5.3 ` Proprietary and Confidential North Andover Coverage without N Andover t , x �} (I K _MA Er`J `�MA_ ttt C :: xal s ea a $x a t � f / a :REM& S", �w ( LAWRE SHAWSH a i' r x W tx ASA Session:Andover If,i: User:flanaja . & Thu Apr 10 11:23:16 2008 UTM Zone 18 Datum:NAD83 Center Lat:42-40-42.88 N Center Lon: 71-05-13.29W ' }•. t`r Cells tt d51 / Lbl:Cell Name 0o MHz CO Y $eCtors y MHz Cp 99 N, t'"S; ®northeast towns — yS. ®msa_rsa t F1.CDMA Ec MING,1 Cir:RSSI(dBm) Scale:1:82750 0 6 12 1/10 Miles veil onwlreiess GeoPlan v5.3 Y' r, Proprietary and Confidential ULS License - Cellular License- KNKA201 - Cellco Partnership Page 1 of 2 ULS License Cellular License - KNKA201 - Cellco Partnership Call Sign KNKA201 Radio Service CL - Cellular Status Active Auth Type Regular Market Market CMA006 - Boston-Lowell- Channel Block B Brockton-Lawrence-Haverhill, MA-NH Submarket 0 Phase 2 Dates Grant 11/15/2004 Expiration 10/01/2014 Effective 02/20/2008 Cancellation Five Year Buildout Date 08/27/1989 Control Points 3 500 W. Dove Rd., TARRANT, Southlake, TX P: (800)264-6620 Licensee FRN 0003290673 Type General Partnership Licensee Cellco Partnership P:(770)797-1070 1120 Sanctuary Pkwy, #150 GASA5REG F:(770)797-1036 Alpharetta, GA 30004 E:Network.Regulatory@VerizonWireless.com ATTN Regulatory Contact Verizon Wireless P:(770)797-1070 Sonya R Dutton F:(770)797-1036 1120 Sanctuary Pkwy, #150 GASA5REG E:Network.Regulatory@VerizonWireless.com Alpharetta, GA 30004 ATTN Regulatory Ownership and Qualifications Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership Is the applicant a foreign government or the representative of any No foreign government? Is the applicant an alien or the representative of an alien? No Is the applicant a corporation organized under the laws of any No foreign government? Is the applicant a corporation of which more than one-fifth of the No capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? http://wireless2.fec.goviUlsApp/UlsSearch/license i sp?licKey=13171&printable 4/10/2008 ULS License - Cellular License - KNKA201 - Cellco Partnership Page 2 of 2 Is the applicant directly or indirectly controlled by any other Yes corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any • corporation organized under the laws of a foreign country? If the answer to the above question is 'Yes', has the applicant Yes received a ruling(s) under Section 310(b)(4) of the Communications Act with respect to the same radio service involved in this application? Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Demographics Race Ethnicity Gender • http://wireless2.fcc.gov/UlsApp/UlsSearch/license.isp?licKey=l 317 1&printable 4/10/2008 ULS License - PCS Broadband License -KNLH242 - Cellco Partnership Page 1 of 2 ULS License PCS Broadband License - KNLH242 - Cellco Partnership • Call Sign KNLH242 Radio Service CW - PCS Broadband Status Active Auth Type Regular Market Market BTA051 - Boston, MA Channel Block F Submarket 0 Associated 001890.00000000- Frequencies 001895.00000000 (MHz) 001970.00000000- 001975.00000000 Dates Grant 07/23/2007 Expiration 06/27/2017 Effective 07/23/2007 Cancellation Buildout Deadlines 1st 06/27/2002 2nd Notification Dates 1st 05/17/2002 2nd Licensee FRN 0003290673 Type Joint Venture • Licensee Cellco Partnership P:(770)797-1070 1120 Sanctuary Pkwy, #150 GASA5REG F:(770)797-1036 Alpharetta, GA 30004 E:Network.Regulatory@VerizonWireless.com ATTN Regulatory Contact Verizon Wireless P:(770)797-1070 Sonya R Dutton F:(770)797-1036 1120 Sanctuary Pkwy, #150 GASA5REG E:Network.Regulatory@VerizonWireless.com Alpharetta, GA 30004 ATTN Regulatory Ownership and Qualifications Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership Is the applicant a foreign government or the representative of any No foreign government? Is the applicant an alien or the representative of an alien? No Is the applicant a corporation organized under the laws of any No • foreign government? Is the applicant a corporation of which more than one-fifth of the No capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a http://wireless2.fcc.gov/UlsAppiUlsSearch/license.i sp?licKey=10411&printable 4/10/2008 ULS License - PCS Broadband License - KNLH242 - Cellco Partnership Page 2 of 2 foreign country? Is the applicant directly or indirectly controlled by any other Yes corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country? If the answer to the above question is 'Yes', has the applicant received a ruling(s) under Section 310(b)(4) of the Communications Act with respect to the same radio service involved in this application? Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Demographics Race Ethnicity Gender http://wireless2.fcc.gov/UlsApp/UlsSearch/license.i sp?licKey=10411&printable 4/10/2008 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGt.40A,Section 11 states in part"Parties in interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town" Subject Property: MAP PARCEL Name Address 107.C 11 JOHN C. FARNUM 426 FARNUM STREET,NORTH ANDOVER,MA 01845 Abutters Properties Map Parcel Name Address 107.0 68 John C.Farnum 426 Famum Street,North Andover,MA 01845 107.0 13 Trustees of Reservations 527 Essex Street,Beverly MA 01915 107,D 37&38 Trustees of Reservations 527 Essex Street,Beverly MA 01915 107.D 35 Boston Hill Road Trust 68 Boston Hill Road,North Andover,MA 01845 107.D 36 Boston Hill Road Trust 76 Boston Hill Road,North Andover,MA 01845 1073 83 Eugene Willis 76 Boston Hill Road,North Andover,MA 01845 107.8 71 Francis Devan 32 Boston Hill Road,North Andover,MA 01845 107.8 7 John C.Famum 426 Farnum Street,North Andover,MA 01845 1073 62 Balingit Maconcordia 34 High Street,Andover,MA 01810 107.B 57 Philip Starks 65 Boston Street,North Andover,MA 01845 107.8 67 Mary Salois 10 Boston Street,North Andover,MA 01845 107.A 283&149 Mesiti Development Corp 100 Andover By Pass#300,North Andover,MA 01845 107.A 253/254/255 John C.Famum,Estate 426 Farnum Street,North Andover,MA 01845 107.A 40&42 John C.Farnum,Estate 426 Farnum Street,North Andover,MA 01845 107.A 250&249 John C.Farnum,Estate 426 Farnum Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as Of _/-0 Certified by: MAS'-20-2e08 01 :57 PM _..,. 9786823817 P. 01 Msv 12. 2008 Stephen Russell Verizon Wireless 40.0 Friberg Parkway Westborough, MA 01581 RE' a S eci newel 5 Bo ton 04A41m 94 Andover Massachusetts 1845 1 To Whom It May Concern; Please u9e this Authorization Letter as needed when conduoting business with the T„ own of North Andover M 44fl�hgsetts A UT.HORl2'ATION TO WHOM IT MAY CONCERN: Benjamin Farnum,owner of the property located at 5 Boston. � �� NOrtI Andaver MA does hereby grant permission to Verizon Wireless to act on his behalf in the filing of all applications for zoning,building and any and all permits related to'the installation of the wireless telecommunications facility at the above referenced property. A.copy of this letter shall be regarded as having the same effect as the original. Thank you for your attention to this matter. Sincerely, Benjamin Farnum 397 Farnum Street North Andover,MA 01845 NoarH QX1,100 14 �• n OL i .gp cscN2w AC BUILDING BUILDING DEPARTMENT Community Development Division April 10, 2008 Timothy C. Twardowski, Esq. Robinson& Cole LLP One Boston Place Boston,MA 02108-4404 Re: Turnpike Street,North Andover[Map 107.0,Parcel 11] Dear Atty. Twardowski; Special Permits issued under 8.9.12 for Wireless Service Facilities by the Planning Board are required to be renewed every three years. If a site's Special Permit lapses, then that facility will be without a permit and the Building Inspector would need to proceed under Section 10, Paragraph 10,1 Enforcement. Therefore, if Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless's Special Permit for Turnpike Street[&Boston Street],North Andover, MA[Map 107.C,Parcel 111 is not renewed,then Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless's use of the site would then need to be denied. 8.9.1.2 Term of Special Permit. "A Special Permit issued for any wireless service facility shall be valid for three(3)years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of this Zoning Bylaw(1998/36)." Sincerely, Gerald A. Brown, Inspector of Buildings Brown/Zoning Enforcement Officer cc: Lincoln Daley, Town Planner 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web wwwjownofnorthandover.com Commercial Property Record Card PARCEL ID:210/107.C-0011-0000. MAP:107.0 SLOCK:0011 LOT:0000.0 PARCEL ADDRESS:TURNPIKE STREET FY:2008 PARCEL INFORMATION t�se=Cade . 432. ':`Sale:Pnoe:: 0 Bboic ;;;:OOOa4. ;:Roed Type 'I' :'inspect pate: 08106/199.7 Owner. 'fax Class T Sale Date. 12/31199 Page 6000 Rd Condition 1' Meas Date. FARNUM,JOHN C Tot Fin Area : 13072: Sale .Type CertfDoc::; ;Tram M Entrance X Address: Tot Land Area: 949 Sale Valid N Water Collect Id.- Address: 426 FARNUM STREET GFarttor Sewer Inspect.Reas R NORTH ANDOVER MA 01845 Exempt-B/L% I Resid-8/L%t Comm-8/1-180/100 Indust-B/L% 1 Open S B/L% I COMMERCIAL SECTIONS/GROUPS LAND INFORMATION Section: ID: 101 Use-Code:432 NBHD CODE 33 NBHD CLASS 3 ZONE:VRL/ Category Grnd.Fl-AreaStory Height Btd Class Yr�Built Eff-Yr•Buiit.Cost Bldg: Sog. TY . Coate :..Mettlod :Sq-Ft :..ores Influ�Y/N Value Glass.; 3 1296 7.0 C 1950 1975 197,700 1 P 432 S 130680 3.000 470,468 Groups: 2 U 432 A 0 6.490 Y 12,980 Id Cd 13-FL-A Firs Unf 1 432 1296 7 p DETACHED STRUCTURE INFORMATION Ste ::.Unit :.Msr 1: :Msr 2 Gtade:Cond:�oGvod.�'(Ft£IR:. Cost Class Section: ID: 102 Use-Code:432 SE C 100 0.00 1983 A A ///$6 _ 200 SE C 192 0.00 1983 A A /N86 500 Category. .::Grnd-Fl.-Area Story Height:Bidglass Yr,Suitt Eff:Yr�Suilt:Cost Bldg;r. AN F 100 0.00 1984 A A 1/187 49,400 3 3 4000 1.6 S 1980 1980 111,000 Groups: C4 F 130 0.00 1984 A A 1/187 1,100 Id Cd B-FL-A Firs Unt N F 100 0.00 1984 A A /1187 49,400 3 1 432 4000 1 0 N F 100 0.00 1984 A A ///87 49,400 3 AN F 100 0.00 1984 A A 1//87 49,400 3 AN F 100 0.00 1984 A A 1/187 49,400 3 AN F 100 0.00 1984 A A N87 49,400 3 VALUATION INFORMATION Current Total: 1,043,700 Bldg: 560,300 Land: 483,400 MktLnd: 483,400 Prior Total: 1,043,700 Bldg: 560,300 Land: 483,400 MktLnd: 483,400 Parcel ID:210/107.0-00i 1-0000.0 as of 4/10/08 P 1 of 2 r � .s f u 4 Ti u�a,� � ••{�+;�� uk { + "'J'r .. �ae.��+�'� � rt`#'' 't M1�.�� r � f H ..,� to CONTINENTAL CABLEVISI ON 15. �14' r't4 t� t'�t �' ^" ►y.� � , , � tn'�'.:i+ry K�+�., u= 7\ �' ,. 1 'fit 6u f':" i� 1��t•� �'iz yt": t 'S 4 ,i,,_ , t ,4 t� 'Grp. wi 't s(#'i ¢ ac i + :t r��•' ..`' f, X yq, �,S.t ��,+ s Y, ti�b�,, r'�'L"d,+-d. r..sx {� 5 4' �:�tr`°^� �'� t�",y���,�,. r*7 rte r'�,�' ° •`. �:+}�/�j. `� t�i�j, °r� `� ct .+N t z��"byy,?a' t',:i�}''�i, v'+��>,�� }��: '. �� •1�,�,�(, �, t"a R i". . *t .} ,�ikw11 a ,g � }, �' ! r4Jr -� r'•`�' pr ti� !�� +C }� sr 1 � ' � •�• a�. 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