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HomeMy WebLinkAboutDecision - 1003 OSGOOD STREET 4/20/2007 CO VER ,SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT .DO NOT REMOV. -&///7r x GRANTdR GRANTEE 0� .' ADDRESS OF PRO R.TY - CITY/TOWN TYPE OF DOCIn NT MLC. ASSIGNMENT . TYPE _DEED ..6D MORI'GA.GE - NOTICE TYPE DISCHARGE. SUBORDINATION AFFIDAVIT CER.T TYPE DEC OR HOMESTEAD UCC TYPE DEC OFTRUST 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 Z5 08 1t1. 2Pa NORTH FlNDOVER 978588954?_ P. 1 _ RECEIVED µORTq I CLi ; .�RI{`S "�i:C% Town of North Andover e ' Office of the p OeparlmedJ01 APR 20 PH 2,' 42 Comutunity Development and Services Di i$' 1600 Osgood Shvd MARSACF'�a��� Nadh Andover, achun is 0180 1., NOUCS OF DECISIOri1 2O This is to certify that twenty(, )days y have elapsed from date of decision,filed Any appeal AM be riled without filing of an }9p al oo� Date within 20 days after the Joyce .6r show daft orraing this notice in Town Clerk the of xt of the Town Clerk. Date: 4/20,/47 Date of He2Angtl: 9/5/06—3n0I07 Date of Decision: 4/20/07 Petition ofc 1003 Osgood Std LLC. 160 Fleaaant Stree4 North Andaveirg.MA 01845 ft rMms Affected: 1003 Osgood Sfive, North Andover, MA 0184.5,wit h n the 0.2 Zoning District,.A,msors Map 34 Lost 50 Reawg to the above petition far a MoMcatim for a.WatmiW Special Permit under Secbm 4,IW3 aad for a Madifiaadw hoar a Site Plan Review Special pwnit Under Section 8.3 &am the req i mmaM of the Noah Andover Zoning Bylaw. So as to allow: the reeonfiguaatM of the PCB area, redegign and re loc4on of the easterly ac=s daveway access f wbog Osgood Street; the coiasttttWon of 53 total padkh8 spaces, revised landscape plan, and mbftd grading work is the Gen W, Non-Dmfiffbw=, and Non t iscbsW Zom of the Watershed Protection District- Aft a public hnnag gives on the above date,tho Plm g Dvard m*d to APPROVE a Modification for a WnkrsW Special l?ma% and liar a MoMestion for a Site Plan Review Special Permit based open fire 1ptlovvi�oaodibiva�; / • -.�✓ticerr�+ do e�lf�a� X8180 R had Nardell%Chairirranl jdM SiaxM ,V=Ch mm AibaTo Angles,Ckrk Jenmifer Xttsek RicbaW Rowen cc: Town Departments Awlicnat Rngi�er .Abutsers Assessor ATTEST- A True Copy Town Clerk — ,1 pr 25 US 1U: 22a MUk 1 W ANDOVER H,/HbHHShg2 P 1903 Os-gond Street M,p,35,Lox SO spe clal Permit Modification plan Reviow- Modification r- i The Planzrir►g Board hereby approves the Modif"tcation for a Site Plan P.eeW access dxx�v�cwa n g �o reconfiguration v£the Parking area,redesign and location of the easterly Street,and 63 total parking spaces(54 parking space dedicated to 1003 Osgood � ��se . Arkin between 1025 and 1,003 Osgood Street)on the prerquses re e d` ars 0� design for•shared la g P ect includes the creatxo�,Af,� �' Osgood Street,as shown on Assessors Map 35,Lot S0, The aroj 4h*-to Easement"located on easterly property line of the parcel. The pu 'QR N. 4..,s" ' 025 and Driveway p aces for 1003 Osgood Street and thMvU$ tE ' create a combined access road and 9 arking sp ens ce zvbabitirrg Osgood Street,Map 35,Lot 20.A.deed.restrictioxt would be placed on the existing Open P future development, 1003 Osgood Street,LLC., 160 Pleasant Street,North Andover, MA 01845, requested this Site Plan Special Pennit modification on July 20,2006 The planning Board makes the following ftnditrgs as required by the North Andover Zomir►g Bylaws Section 8.3 and 10.5: FIN111INGS QF]FACT: 1, The specific site is an appropriate location for the project as it is located in the 13usiness Two(B-2) Zone to support the 1Jrofessit is l Bated within an extremely environmental isms to a lar'ea residential, and in close trust be noted that the project proximity to Lake CoclniahewickyGui�d care ctte rnt ct tlae Ttown's prirxrary source of drinking g water. applicant to design.a project the 2, A,covenant will be placed in the deed restricting further development of the entire field portion of the site in perpetuity. 3. The use as developed Will not adversely erziez�ts and safety ttte site and project will improve the flow Stn:ct and Great Pond of vehicular and pedestrian trro stnrctures l�cl iu t0 Road. Also, the applicant has proposed to preserve and renovate the existing , p g maintain the historic character of the site and the surrounding views toward Lake Coehiehewick, 4, There will be no nuisance or serious hazard to vehicles or pedestrians to the Osgood Std t and 025 acct.0 road improves the circulation and flow of vehicular and pedestrian.£ rmed by Detxrtot J, Kelly Associates, lz�i- Osgood Street. The Traffic impact & Access Study Corrsuitant,Vanasse Hangezr 33rustlin,Inc. and reviewed by the Town's Outside Engineering 5. The landscaping approved as a part of tWs plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. 6, The site draitage sygtetp is desiglted in accordance with the Town Bylaw requirements, The drainage calculations subrnitted by MIV Desi,grt Consultants were reviewed with the Town's Outside ,agineering Consultant,Vanasse,Hangers,Brustlin, Inc, and deemed to be acceptable. Refer to letters August 31, 2006, and October 2, 2006 from bV rther, adequate safeguards have beery,provided to mitigate pollutants from entering Lakc c in a 7. The shared access/egress road and parking area results improves and emerger1cy access and improves internal/external circulations of vehicles, pedestrians, provides for a more aesthetically pleasing and cohesive project for 1025 Osgood Street and 1003 Osgood Street. 8. A Water Quality Testing program for the site shall be incorporated as part of this decision. /pr 25 08 10.233 NORTH RNDQWER P.3 1003 Osgood Street,LLC 1003 Osgood Strut Map,35,Lot 50 Site Plan Review-Special i)ermit Modification 9. An Emergency Resportse Plan shall be incorporated as part of this decision. 10. The applicant bas 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 Zozung Bylaw, 11. 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 Azldover, 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. The 1?limaing Board hereby grants an approval to the applicant provided the following conditions are met.- SPECIAL CONDITIONS., Permit T1oi"tnitozrs_ i) The"Loc0'refers to the 3.20-sore parcel of land adjacent to Routc 12S as shown on Assessors Map 35,lot 50,and also known as 1003 Osgood Street,North.Andover, Massachusetts. ii) The"flans"refer to the plans prepared by MBF Desip Consultants dated August 10,2006 and last revised 90/06,1122101,vad 2128107,3112107 entitled"Site Development Plans for Lakeview Faris Developmcl%1003 Osgood Street,North Andover Massachusetts 01845" co>aaisxitg of Sheets 1 through 9,Truck Ting Plan 1 of 1,and Landscape Plan 1 —2.. iii) The"Project"or"1003 Osgood Street"refers to the development of a shared access roadway, expanded packing area,and associated grading and extensive landscaping work. T1ze project includes the creation of a driving and park,,, easeament on 1003 Osgood Street,Map 35,Lot 50 and depicted on Sheet 3 of the flans. The driveway and pairlcing easement includes the construction of 9 spaces and shared access road to both properties. iv) The"Applicant"refers to 1003 Osgood Street L LC, 160 Pleasaztt Street,North Andovcr,MA 01845,the applicant for the 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) The developer shall designate an independent Fnvironntental Monitor who shall be chosen in consultation with the Planning and Community Development Staff_ The ruvirottmental Monitor inust be available upon.)rotor(4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file reports on the 4'"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 resolve these issues, As part of the monthly submissions, the Environmental Monitor will submit all environmental monitoring reports provided to Conservation Commissiort as part of their Order of Conditions. The designated monitor may not be applicant and/or developer, 2) The applicant shall designate an independent construction monitor who shall be chosen in 2 ppr 25 08 10:238 NORTH RKOVER 978SOOSS42 p, 4 1003 Osgood Street;LLC 1003 Osgood Streot N(Hp,35,Lot SO Site Plan Review.Special Permit Motli$caticn consultation with thc.Planning Department. The co»atmetion,monitor must be available upon Cour(4) hours notice to inspect the site with the Nanning Board designated official, The construction monitor shall make weekly inspections of the project and file reports on the 4"'Monday of each month to the Planning Depaitment throughout the duration of the project. The monthly reports shall detail area of non-complianoc, if arty, and actions taken to resolve these issues.The designated inanitor naay not bo applicant.and/or developer. 3) PRIOR. TO TRY. ENDORSEMENT OF THE, PLANS BY THE PLANNING BOARD, TIIE APPLICANT MUST COMPLY WITH T.IHE FOLLOMgNG 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 rxinety(90) days of filing 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 construction and informing the public of anticipated activities on the site. 13) All applicable erosion control measures as shown on the plan must be in place and reviewed and approvcd 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 complianec 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 chc plan. The Planning Department must be contacted prior to any cutting and or clearing on site. B) A pre-construction meeting roust be held with the developer,their construction employees and the Planning Department to discuss scheduling of inspections and inspcctions to be conducted on the project. 1') 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,Etaforcement Officer/7.BA, and provide revised plans as needed. G) The developer shall provide the Planning Board with copies of permits, plans and decisions received#tom the Conservation Commissloa, 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 chanties through a public hearing to the Planning Board for a modification to site plan approval ):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 irnpa.ct the quality of the Town's drinking water supply, Lake Cochichewick. The Guarantee shall be ix)the form of a bond 3 NORTH 19hDOVER 0786809542 p. 5 1003 Osgood Stxeet,)LLC 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 BUILLDING]PERMIT A) 'T'hree(3)copies of the signed,recorded plans must be delivered to the Plarming Department. B) Ofze certified copy of the recorded decision must be submitted to the Planning Department. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North,Andover Building Department: 1. All structures roust contaisx a commercial fire sprinkler system, The plans and ,hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department, Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. D) To insure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and iztcident to the Town's prim'-y source of drinking, the applicant shall be inquired to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Pwcedures. The Planning Board shall ,review and approve said plaza. The final plans must be submitted for review within niAety(90) days of filing the decision with the Town Cletk. Failing submission of required Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to 0xe Town's Tire Department, Police Department, Planning Department,and the project site where the docurnent(s) will be kept on file and easily accessible in case of an mergeney. 6) DURING CONS'T'RUCTION 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 stookpf ling of materials(dirt,wood, construction material,etc.)and must be shown on a plan and.reviewed and approved by the Town Planner.r. The developer will make every effort to locate stockpiles on the site away from the Lake Coehichcwick. .A.ny approved piles must remain covered at all times to xWnimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Take Cochichewick, Any stockpiles to remain,for longer than one week must be fenced off and be seeded. C) In an effort to reduce noise levels,the developer shall keep in optimum working order,through regular maintenance,any and all equipment that shall emanate sounds from the structures or site. E) Tile Town Planner will perform biweekly 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 ftm the architect and engineer of the project stating that the 4 Apr 25 08 10: 24a NORTH RNDOVER 97888BgS42 p. 6 1003 Osgood Street,LLC 1003 Osgood Street Map,35,Lot 50 Site Plan Review-Special 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,deterrninai by the Planning Board;to cover the lull aluount of the landscaping materials and installation if weather conditions do not pertnit the completion of the landscaping priot to anticipated occupancy, B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plats as may be reasonably required by the Planning Staff sbatl be made at the owner's expense. All site lighting shall provide scouxity 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 systerm must be installed in accordance with referenced standard NPPA 13D and in accordance with 780 CMR, Chapter 4 of the Massachusetts State Building Codc. Certification that the systew have been installed properly in accordance with the above referenced regulatiow must be provided fcorn both the North Andover Fire Department and the North Andover F3uilding Depatuxwnt to the, applicant. The applicant must then provide this certification to the North Andover Planning Department. D) The applicant shall be required to submit a Water Quality Testing Program to the Planning Department, The Town PIan=shall review and approve said plan. 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 pt,esenting the water duality results and inspection of the on-site drainage facilities, E) EmeTgency Response Plan to be filed and posted in obvious place suoh as Fire?Jepattmcnt,Police IDepwtwent and Planning Department. S) PRIOR TO THE FINAL RELEASE OF ALL SECURM AND ESCROWED FUNDS A) The Planning Staff sball review the site. Any screcWng as rimy be reasonably required by the Planning Staff will be added at the Project Owner's expense, B) A final as-built plats showing final topograpby,the location of all on-site utilities,structures,curb cuts,parking spaces 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 Easement 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/'Tanning 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 plants,trms 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 i?S ski 10. e4a NORTH nNDO ER 0780050542 ff' 7 1003 Osgood Street,LLC X003 Osgood Street Map,35,Lot 30 Site Plan Review�Special Permit Modification C) The contractor shall contact Dig Sate at least 72 hours prior to coninzetieing any excavation- D) Gas, Tcic;phone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. E) No open burning skull be done except as is permitted during fuming season under the Fire Department regulations. F) No underground Biel storage shall be installed except as may be allowed by Town Regulations. Gr) All blasting shall be in complete compliance with regulations and procedures required by the North,Andover Fire Department. l;.i) The provisions of this conditional approval shall apply to and bo bidding upon the applicant, its employees and aU successors and assigns in interest or control, 1) 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. J) A4y revisions shall be submitted to the Conunanity Development ,Director for review. if thc4e revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. K) This Special Vcrtnit approval shall be deemed to have lapsed two years after March 20, 2007, exclusive of the time required to pursue or await determinatiott of any appeals,unless substantial use or construction has commenced witbin 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,arty deist' arising £rom the need to obtain a Special Permit from the Zoning Board of Appeals regarding the pre-existing non-conforming status of tho 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 titled: Site Development Plates for Lakeview Farm Development 1003 Osgood Street North,Andover Massachusetts 01845 Prepared for: 1003 Osgood Street LLC. 160 Pleasant Street, North Andover,MA 01845 -X Prcpared by: MBF Design Consultants,Inc. 103 Stiles Road,Suite One Salem,NH 03079 ° Scale: 1"=20' %`�� Date: August 10,2006,ievised 8128/06, 1127./07,aztd 2/28/0t�1�2/47. Slieeta: 1—9,Truck Tuming Plan 1 of 1,and Landscape Plan t cc: Director of Public Works Building Inspector 6 s�asaas5az pr 25 �O8 10! 25a Q 5+ " NRTH HNDOVER et,ILL „ 1003 Osgood Street Map,35,Lot SO Site Plan Revicw-Special Permit Modification 'own Manager Consem ion Administrator Drainage Cowultant Planaiing Board Police Chief Fire Chief Applicant F-agincer File 7