HomeMy WebLinkAboutDecision - 1003 OSGOOD STREET 1/12/2004 Town of North Andover NaRTN
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Office of the Planning Department " 0.
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Community Development and Services Division ;
27 Charles Street �, ,- ;.�, *
North Andover, Massachusetts•,01845 ��s p,T.'���tq9
Telephone (978)688-9535
Fax(978) 688-9,5=2
Notice Of Decision
Any appoal shall be filed
Within (10)`days after the
Date of filing this Notice
In the Office of the Town
Clerk
Date: January 12, 2004
Date of Hearing: September 23,
2003, October 7,2003, October
21,2003,November 6,
2003,November 25,2003,
December 2,2003,January 6,2004
Petition of Thomas Properties, LLC,231 Sutton Street,North Andover,MA 01845
Premises Affected: 1003 Osgood Street
Referring to the above petition for a Site.Plan Review Special Permit. The application was
determined to be complete and was noticed and reviewed in accordance with the Sections
8.3, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec.9
So as to allow: the renovation and expansion of an existing structures at 1003 Osgood Street, as
shown on Assessors Map 35, Lot 50. The renovated structures will accommodate 13,000 square
feet (+/-) of office space and four (4)renovated residential apartments for a total building size of
17,843, square feet.
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Site Plan Review Special Permit, based upon the following conditi 7s,
Cc: Applicant Signed:
Engineer Heidi G ' Acting
Abutters ,Act Town Planner
on behalf of
DPW Alberto Angles, Chairman
Building Department George White, Vice Chairman
Conservation Department Felipe Schwarz, Clerk
Health Department John Simons
ZBA Richard Nardella
James Phinney,Associate Member
13U.�RDOI',1I'1'F':�LS683 )71l FiI7 ILDI\G692-9 45 CONSER\'ArION689-9530 HEUTH688-9540 PL:.I\\1\'66,3-9531
1003 Osgood Street
Site Plan Review-Special Permit
The Planning Board hereby approves the Special Permit/Site Plan Review for the renovation and expansion
of an existing structures at 1003 Osgood Street,as shown on Assessors Map 35,Lot 50. The renovated
structures will accommodate 13,000 square feet(+/-)of office space and four(4)renovated residential
apartments for a total building size of 17,843 square feet.Thomas Properties LLC,231 Sutton Street,North
Andover,MA 01845,requested this Special Permit/Site Plan Review on August 22,2003.
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 Business Two(B-2)
Zone and the use is professional/medical office with associated multi-family residential.
2. The use as developed will not adversely affect the neighborhood as the project is less intensive that the
surrounding general business and industrial land uses.Also,the applicant has proposed to preserve and
renovate the existing structures, helping to maintain the historic character of the site and the
surrounding views toward Lake Cochichewick. The project also offers a public benefit to the site
through the construction of an Y/10 soccer field.
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 NW Design Consultants 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 ofNorth Andover.
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) The"Locus"refers to the 3.20 acre parcel of land adjacent to Route 125 as shown on
Assessors Map 35, lot 50,and also known as 1003 Osgood Street,North Andover,
Massachusetts.
1003 Osgood Street Special Permit Approval
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ii) The"Plans"refer to the plans prepared by MHF Design Consultants dated August 15,2003
and last revised December xx, 2003,entitled"Site Plan review and Special Permit Plans for
1003 Osgood Street North Andover,Massachusetts"consisting of Sheets 1 through xx and L 1
through L2.
iii) The"Project"or"1003 Osgood Street"refers to the development of 13,000 square feet of
office and four residential apartments at the Locus in accordance with the Plans and the
instant Special Permit.
iv) The"Applicant'refers to Thomas Properties LLC,the applicant for the instant Special
Permit.
v) The"Project Owner"refers to the person or entity holding the fee interest to the title to the
Locus from time to time which can include but is not limited to the applicant,developer,and
owner.
1) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
A) The final plans must be reviewed and approved by the DPW and the Planning Department and be
endorsed by the Planning Board. The final plans must be submitted for review within ninety days
of filing the decision with the Town Clerk.
B) Prior to endorsement of the plans the affordable unit criteria will be established to the board for
one unit.
2) PRIOR TO THE START OF CONSTRUCTION
A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities on the site.
B) All applicable erosion control measures as shown on the plan must be in place and reviewed and
approved by the Planning Department.
C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which
will cause deposition of soil or sediment upon adjacent properties or public ways, except as
normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis
for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
D) Yellow"Caution" tape must be placed along the limit of clearing and grading as shown on the
plan. The Planning Department must be contacted prior to any cutting and or clearing on site.
E) A pre-construction meeting must be held with the developer,their construction employees and the
Planning Department to discuss scheduling of inspections and inspections to be conducted on the
project.
F) The developer must secure any necessary special permits required under the Zoning Bylaw for the
continued pre-existing non-conforming status of the original structures from the Zoning Board of
Appeals. The developer shall inform the Planning Department/Planning Board of the final
decision of the Zoning Enforcement Officer/ZBA,and provide revised plans as needed.
G) 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
1003 Osgood Street Special Permit Approval
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required to present the changes through a public hearing to the Planning Board for a modification
to site plan approval.
3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
B) One certified copy of the recorded decision must be submitted to the Planning Department.
4) DURING CONSTRUCTION
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed
by the Town Planner,throughout the construction process.
B) 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.
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.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The building must have any and all fire sprinklers installed in accordance with the Massachusetts
General Laws Chapter 148 Section 26.
B) The applicant must submit a letter from the architect and engineer of the project stating that the
building,signs, landscaping, lighting and site layout substantially comply with the plans referenced at
the end of this decision as endorsed by the Planning Board Alternatively, the applicant and/or
property owner may provide a bond, determined by the Planning Board,to cover the full amount of
the landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to anticipated occupancy.
C) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall
have underground wiring and shall be so arranged that all direct rays from such lighting falls
entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties
or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as
may be reasonably required by the Planning Staff shall be made at the owner's expense. All site
lighting shall provide security for the site and structures however it must not create any glare or
project any light onto adjacent residential properties.
6) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
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 the Planning Department.
7) GENERAL CONDITIONS
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die within one years from the date ofplanting shall be replaced by the project owner.
1003 Osgood Street Special Permit Approval
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B) Tree cutting shall be kept to a minimum throughout the project to minimize 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) The soccer field shall be available for public use as agreed upon by the Town of North Andover
Fields Committee and the Owner.Because the parking associated for office use will also serve the
soccer fields, use of the soccer field will be limited to the following hours:Monday through Friday
5:30pm to dusk, and Saturday/Sunday 8:OOam to dusk. This site plan review approval shall not be
construed as an agreement for use of the fields.Any agreement shall be negotiated between Town
and the owner,and may be subject to renewal on an annual basis as agreed upon for a nominal fee,
$1.00 per year by both parties.
D) Should the Project Owner transfer the project, the buyer shall meet with the Planning Board to
update the Board on the status of the project.
E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
G) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
H) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
1) All blasting shall be in complete compliance with regulations and procedures required by the North
Andover Fire Department.
J) 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.
K) Any action by a Town Board,Commission, or Department,which requires changes in the plan or
design of the building, as presented to the Planning Board,may be subject to modification by the
Planning Board as provided in General Condition 7(k)below.
L) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
M) 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 development, the developer shall be deemed to have undertaken
substantial use or construction if the developer has begun renovation of the existing structures.
Moreover, any delay arising from the need to obtain a Special Permit from the Zoning Board of
Appeals regarding the pre-existing non-conforming status of the original structures,or any other
permits and the time required to pursue or await determination of any appeals shall constitute good
cause.
N) The following information shall be deemed part of the decision:
i) A set of plans entitled"Site Plan Review and Special Permit plans for 1003 Osgood
Street North Andover,Massachusetts 01845";prepared for Thomas Properties LLC 231
Sutton Street North Andover,Massachusetts 01845;prepared by MHF Design
Consultants 103 Stiles Road,Suite One, Salem NH 03079,consisting of sheets 1 through
9,dated August 15,2003 and revised as of December 17,2003 and sheets L through L2
1003 Osgood Street Special Permit Approval
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�� s
prepared by Huntress Associates, 17 Tewksbury Street,Andover,MA 01810,dated
August 15,2003.
ii) A Traffic Study prepared by DJK Associates entitled "Traffic Impact&Access Study,
Dated August 14,2003.
iii) Drainage calculations entitled"Stormwater Management Drainage Calculations and Best
Management Practices';prepared by MHF Design Consultants;dated August 15,2003.
iv) Architectural drawings prepared by Woodman Associates,Inc. entitled"....
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
1003 Osgood Street Special Permit Approval
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