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HomeMy WebLinkAboutDecision - 1003 OSGOOD STREET 4/20/2007 (2) BV, 11270 po `20334 . COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DDO NOT REMOVE GRANT GRANTEE . ADDRESS OF PROttRTY CITY/TOWN TYPE OF DOCIIENT IVI1C. ASSIGNMENT . TYPE -DEED .6D MORTGAGE ( NOTICE � w TYPE DISCILARGE, SUBORDINATIO]`d AFFIDAVIT CERT TYPE DEC OF HOMESTEAD , UCC TYPE DEC OF TRUST OTHER DESCRIBE Essex North Registry of Deeds .Robert F. Kelley, Register 354 Merrimack.St, Suite 304 Lawrence,MA.'01843 (978) 683-2745 www.lawrencedeeds.com F-5 NORTH fINDUVER 97868H95'4?_ (3. 1 _ RECEIVED OWN Town of North AlAdoveir r Office of the pL2nning De arLme JOI APR 20 PH 2! 42 CommuW,3,Develo nt and SeMces Divis' ' 1600 mood Sheet NORTH AWOiE.. NodhAndOQer,Maamchumtftt0180 MASSA0PIu-- ;'": NOTICE OF DECIISION This is to certify that twenty(20)days have elapsed from date of decision,filed Any appeal�#M be#fled without filing of an amp pal OF Date within(20)days after the Joyce— ,Dr shiiw date of failing this notice i pr �� t1�3 1U: 22a NUR f W ANDOVER �'�t36tiEi�b4t' P 103 Osgood'Strcet Mats,35,Lot 90 site Tisza It©view-Special Permit Modification �1.°�;.difigm� P ,`. '^- I he Platixtlrtg Board berebp approves the Modification for a Site Plan Review S 8 ;ow eeonfkgu�tion of the pa><kin$area,zedesigx►.and location of the easterly access driveway Xron 54 parking space dedicated to 1003 Osgood � �s1. Street,and 63 total parkixtg spaces( p bared arking between 1025 and 1003 Osgood Street)on tbr,presses re e d .ar . desi,gxaakcd fors P The project includes ilia ereatxo � �' Osgood Street,as shown on Assessors Map 35,Lot S0, ' 14'&i ,to and Driveway Easer ent"located on easterly property line of the parcel. The puzp9¢lRIN,, ,.,k". - ; If 025 create a combined access road and!)parking spaces for 1003 Osgood Street and th Osgood Street,Map 35,Lvt 20.A.deed restriction would be placed on the existing open space pxubibitiag future development. 1003 Osgood Street,LLC., 160 Pleamni Street,North Andover, MA. 01845, requested this Site Plan Special Peanut modificatiota an July 20,2006 The Plarmattg Board makes the following Endings as required by the North,Andover Zoning Bylaws Section 83 and 103: FINDINGS OF]FACT: 1 he specific site is an appropriate location far the project as it zs located in the ausiness Two(B-2) 'f support:the >ofessxanaUrctedical office building with associated multi-family residential, It Zone to supp p mast be noted that the project ick Great care and consi�dcration wtas taken by tba Planaxing Board and proximity to Labe Cocluchew source of drinking water. applicant to design a project that would better protect tlae Town's primary 2, A,covenant will be placed in the deed restricting fiuther development o£tlte entire field portion o£tk a site in perpekuity. 3. The use as developed will not adversely of met the twit bb the site mid Osgood Strcctt ad Great Pond of vehicular and pedestrian m0vernents and safety wxthtaa stnrctures kael i�xg to Road. Also, die applicant e character of��si�and he surround ni goviews tovvardtL Like Cochiebewick, zynaintlin the historic acrtss road 4, There will be no nuisance or serious£bazaYd to vehicular eb pedestrian traffic to 1003 Osgood Street yet and 025 edestrians as the improves the aiseulation and flow o Osgood Street, The Traffic JYDPact & Access Study performed by Engineering Consultant,Va[as�se Bingen l3nastl.Assoc' ,Incites, Izac- and reviewed by the Town s 0 5. The landscaping approved as a part of this plaa meets the requirements of Section 8.4 of the North Andover?crying Bylaw, 6. The site drainage system is desicd in accordance vvt is kwere reviewed w with nTowza's Outside calculations submitted by MIS Design ConsttltAry Ftaglneerizyg Consultant,Vanasse,Hangen,Brustlin, lstc, and deemed to be acceptable. Refer to letters August 31, 2006,and October 2, 2006 from VHD, Furthcr, adequate safeguards have been provided to rpitipte pollutants from enteritkg Lake Cocblchewicic• 7. The shared acoesslegress road and parking area results in a better overall and cohesive plan that internul/external circulation of vehicles, pedestrians, parking, and emergency access and improves aesthetically pleasing and cohesive project for 1025 Osgood Street and 1003 provides for a more Osgood Street. g, A Water Quality Testing program for the site shall be lncorporatcd as part of this decision. ipr 25 08 10:238 NORTH RNDOVER 8�i 86889544 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special Permit Modification 9. An Emergency Response Plan shall be incorporate as part of this decision. 10. 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, 11. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The facility will be conatected to the municipal server system in the Town of North Andover. 12, 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, Vie FhmWng Board hereby grants an approval to the applicant provided the following conditions are met.- SPECIIA.I.CONDITIONS., Permit Deftnit otts. i) The"Locus"refers to the 3.20-acre parcel of land adjacent,to Routc 125 as shown on Assessors Map 35,lot 50,and also known as 1003 Osgood Street,North.Andover, massachusetts. ii) The"Plans"refer to the plans prepared by MBF Design Consultants dated August 10,2006 std fast revised 8128/06,1122147,and 2J2$107,3112107 entitled,"Site Development Plans for Lakeview Fum Development,1003 Osgood Street,Notch Andover Massachusetts 01845" couaistitg o£Sheets 1 tbmugh 9,Truck Tuning Plan 1 o�f 1,,and Landscape Platt 1 2. iii) The"Project"or"1003 Osgood Street"refers to the development of a shared access roadway, expanded parking area,and associated grading and extensive landscaping work. The project includes the creation of a driving and parking easement on 1003 Osgood Street,Map 35,Lot 50 and depicted on Sheet 3 of the Platis. The driveway and parking easement inoludcs the construction of 9 spaces and shared access road to both properties. iv) The"Applicant"refers to 1003 Osgood Street LLC, 160 Pleamitt Street,North Andover,MA 01845,the applicant for the Special Pernrdt. V) yhe-project Owner"refers to the person or entity holdi ng the fee interest to the title to the Locus from time to tiriie,which can include but is not Limited to the applicant,developer, and owner. 1) The developer shall designate an independent Fnvironmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff_ The Environmental Morn for must be available upon four(4) hours notice to inspect the site with the plaruting Board designated official. The Environmental Monitor shall make weekly inspections of the project and file reports on the 4'"Monday of each month to the Plawitlg Department throughout the duration of the project.The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues. As part of the monthly submissions, the Environmental Monitor will submit all en,viroranental Xnordtoring reports provided to Conservation Commission as part of their Order of Conditions. The designated monitor may not be applicant=d/or developer. 2) The applicant shall designate an independent construction monitor who shall be chosen in z Apr 25 08 10:23a NORTH RKOVER S7889SS642 p, 4 1003 Osgood Street;LLC 1003 Osgood Street Map,35,Lot SO Site Nan Revicw-Special Permit Modification consultation with the Planning Department. The cotxatniction monitor must be available upon (our(4) hours notice to inspect the site with the Planning board designated official. The construction monitor shall make weekly inspections of the project and tale reports on the 0'Monday of each month to the Planning Department throughout the duration Of the project. The monthly reports shall detail area of non-compliance , if any, and actions taken to reaolvc these issues.The designated Inanitor may not bn applicant and/or developer. 3) i'>`tIOR TO TR)F. ENDORSEMENT OF 'TFIE PLANS BY THE PLANNING BOA W, TIIE APPLICANT,MV8T COMPLY WITH THE 1FOLLOMgNG 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 wiitbin ninety(90) days of fl ling the decision.with the Town Clerk. 4) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the coostmotion 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-sit e construction. Off-site erosion will be a basis fQr the Planning Board making a finding that t1le 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 acid or clearing on site. E) A pre-construction meeting must be held with the developer,their construction employees and the Plaon.ing Department to discuss scheduling of inspections and inspections to be conducted on the project. 1=) The developer must secure any necessary special permits required under the Zoning Bylaw for the continued pzc-existing non-conforming status of the original structures from the Zoning Board of Appeals. The developer shall inform the Planning Departmernt/1?lanning Board of the final decision of the Zoning,Enforcement Off ccr/7,BA., and provide revised plans as needed. G) The developer shall provide the Planning Board witlx copies of permits, pla»s and decisions received from the Conservation Commission. In accordance with G meral 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 modific-ation to site plan approval. I•I) A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or irripa,ct the quality of the Town's drinking water supply,Lake Cochichewick. The Guarantee shall be in the form of a bond 3 �5 tat3 .1t7: ��a NORTH ANDOVER 970600354e P. 5 1003 Osgood Street,ILLC 1003 Osgood street Map,35,Lot 50 Site Plan Review-Special Permit Modification acceptable to the Town made payable to the Town of North Andover escrow account and will be held in perpetuity, Should the property be sold or transferred, the Planning Department will require that a bond be posted by the now owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. S) 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, C) T'he applicant shall adhere to the follo-Wing requirements of the North Andover,fire Department and the North Andover Building Department_ L All strictures must contain a coinrneroial fire sprinkler system, The plans and hydraulic calculations for each commercial syseen,shall be submtted for review and approval by the North Andover Fire Department, Plans and hydraulic calculations for each commercial system limit also be supplied to the Building Department. D) To erasure the continued protection of the health and welfam of the residents of North Andover and lesson toe probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be mquired to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review aril approve said plan. The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. Failing submission of required Emergency Response Plan within 90 days will render Ws Special Permit Trull and void. Said Emergency Response Plan and Maintenance procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be Dept on file and easily accessible in case of an emergency. 6) DURING CONSTRUCTION A) .Dust mitigation and roadway cleaning most be performed weekly,or more frequently as directed by the Town Planner,throughout the construction process. .13) The Board will strictly enforce the policy relative to the stockpiling of materials(dirt,wood, construction material, etc.)and must be shown on a plan and.reviewed and approved by the Town Planner; The developer will make every effort to locate stockpiles on the site away from the Lake Coehiehewick, Any approved piles must remain covered at all times to rninimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewiek, Any stockpiles to remain for longer than one week must be fenced off and be seeded. C) In an effort.to reduce noise levels,the developer shall keep in optimum working order,through regular maintenance,any and all equipment that shall emanate sounds £romp the structures or site,. 2) The''own 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. 7) 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 4 Apr 25 08 10: 24a NORTH ANDOVER 9786899542 p. 6 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Flan Review•Spocial Permit Modification 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 perruit the completion of the landscaping prior to anticipated occupancy, B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff sba11 review the site. Any changes to the approved lighting plan as may be reasonably required by the Plaruzing Staff shall be made at the owner's expense. All site lighting shall provide scourity for the site and structures however it must not create any glare or project any light onto adjacent residential properties. C) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems bave been installed properly in accordance with the above referenced regulatimis must be provided from both the North Andover Fire Department and the North Andover Building Dcparftwnt to the applicant. The applicant must them provide this certification to the North Andover Planning Department. D) The applicant shall be required to submit a Writer Quality Testing Program to the Planning Department, The Town Planner shall review and approve said platy. Said program will detail the location of testing sites and specify the methodology used for testing. The applicant will provide a report every six (6) months to the Planning Department presenting the water duality results and inspections of the on-site drainage facilities, E) EmteTgency Response Plan to be filed and posted in obvious place suoh as Fire Department,Police Depwtment and Planning Department. 8) PRIOR TO THE FINAL RELEASE OF ALL$ECuRX.ry AND ESCROWI'D FUNDS A) The Planning Staff shall review the site. A,oy screen ng as zziay be reasonably required by the Planning Staff will be added at the Project Owacr's expense, 13) A final as-built plats showing final topography,the location of 1111 on-site utilities,structures,curb cuts,parking spacos and drainage facilities must be submitted to the Planning Department. C) A. copy of an executed copy of the "Agreement of Easement" for the Parking and Driveway Easemezzt shown in the plans referenced in Condition 9(M) between the owner of the 1.025 Osgood Street and 1003 Osgood Street,LLC,owner of 1003 Osgood Street shall be submitted to the Planning Department. Said agreement shall be recorded at the Registry of Deed and a copy of the recording be submitted to the Planning. 9) GENERAL CONDITIONS A) Any plazas, trees or shrubs that have been incorporated into the Landscape Plan approved in,this decision that die within one years from the date of planting shall be replaced by the project owner. 13) 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. 5 r ZS Oki 1,n z e4a NORTH ANDOVER 578QOU054E f'17 1003 Osgood Street,LLC X003 Osgood Street N np,35,Lot 30 Site Plan Review-Special Pertntit Modification C) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation_ D) Gas, 'Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. E) No open burring shall be done except as is pe=itted during bunging season under the Fire Departmcnt regulations. F) No underground Orel storage shall be installed except as way be allowed by Town Regulations. G) All blasting shall be in complete cornpliauce with regulations and procedures required by the North Andover Fire Department. bi) The provisions of this conditional approval shall apply to and bo binding upon the applicant, its employees and all successors and assigns in interest or control, 1) Any action by a Town 13oard, Commission, or Department, which requires cbanges in the pla»or design of the building, as presented to the Planning Board,may be subject to Modification by the ,Planning Board. J) Any revisions shall be submitted to the Community Development ,Director for review. if the9e revisions are deemed substantial, the developer mast submit revised plans to the Planning Board for approval. K) This Special Permit approval shall be deemed to have lapsed two years after Marcti 20, 2007, exclusive of the time required to pursue or await determinatiott of any appeals.unless substantial use or construction has commenced within said two year period or for good cause. For purpo2cs 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,arty delay arising from the need to obtain a Special Pen-nit from the Zoning Board of Appeals regarding the pre-existing non-conformiang statug of the original structures, or any other permits and the time required to pursue or await determination of any appeals shall constitute good cause. M) The following information shall,be deemed part of the decision: Plan title; Site Development Plans for Lakeview Farm Development 1003 Osgood Street North.Andover Massachusetts 01845 Prepared for: 1003 Osgood Street LLC. 160 Pleasant Street, North Andover,MA 01845 Prepared by: MlK>:'Design Constdtants,Inc. W� :-f"'9 103 Stiles Road,Suite One ,ma=r:= s•) Salem,NH 03079 Scale: r=20' % ? -v Date: August 10,2006,reAsed 8128/06, 1/22/07,and 2/28/0t�,,�2107.�y � Sheets: 1—9,Truck Turning Plan 1 of 1,and Landscape Plan T 2 s- cc: Director of Public works Building Inspector 6 pr 25 X08 v gooa�aeet,ILLNORTH HNDOVER 8789889542 t' 1003 Osgood Street Map,35,Lot 50 Site Plan Pcvicw-Special Permit Modification 'own Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Eugineer File 7