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HomeMy WebLinkAboutDecision - 154 MAIN STREET 12/2/2008 F NORTH r 0 �tLEU ,6 4 OL O nth wcwc ew¢. AOR^TED APa`y y L1[i8 0 C 4 1 x 2 SSACHUg� PLANNING DEPARTMENT Community Development Division ` ` .;,•, 1600 Osgood Street North Andover, Massachusetts,01845 SPECIAL PERMIT DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: December 2, 2008 Date of Hearing: October 21, 2008, November 18,2008, December 2, 2008 Date of Decision: December 2, 2008 Petition of: Bank of America, C/O CB Richard Ellis Global Corporate Services 1075 Main Street Waltham,MA 02451 Premises Affected: Bank of America, 154 Main Street,Assessors Map 41,Parcel 33. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3,and 10.31 and MGL C.40A, Sec. 9 So as to allow the re-construction and expansion of the existing parking and driveway area, by removing the existing rear drive-thru aisle and increasing the parking area by 6 spaces, plus related landscaping and stormwater management improvements within the General Business District. After a public hearing given on the above date, and upon a motion by Richard Rowen and 2',d by Michael Walsh to APPROVE the Site Plan Special Permit as amended and based upon the following conditions. Vote was 5—0 in favor of the application. _J O behalf of the N o Andover Planning Board hn Simons, Chairman ichard Rowen Timothy Seibert Michael Walsh Courtney LaVolpicelo 1 Bank of America, 154 Main St. Map 41,Parcel 33 Site Plan Special Permit—Re-Construction of Parking Area with Stormwater Management hnprovements The Planning Board herein APPROVES the Site Plan Special Permit to re-construct and expand the existing parking and driveway area,by removing the existing rear drive-thru aisle and increasing the parking area by 6 spaces, plus related landscaping and stormwater management improvements. The project is located at 154 Main St. Street,North Andover, Massachusetts, 01845, Map 41, Parcel 33 in the General Business District. The parcel totals approximately 19,842 sq. ft. with frontage on Main Street. This Special Permit was requested by CB Richard Ellis, Global Corporate Services, 687 Main St., Waltham, MA 02451. The application was filed with the Planning Board on September 18, 2008. The public hearing on the above referenced application was opened on October 21,2008, with additional hearings on November 18, 2008 and December 2,2008 and closed by the North Andover Planning Board on December 2, 2008. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: I) The specific site is an appropriate location for the project as it is located in the General Business (GB) Zoning District and consists of the re-construction and expansion of the existing parking and driveway area, by removing the existing rear drive-thru aisle and increasing the parking area by 6 spaces, plus related landscaping and stormwater management improvements; 2) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The overall layout of the site has been designed to focus on traditional architecture and provide site amenities designed at a pedestrian scale; 3) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will have a positive impact on pedestrian safety and vehicular circulation within the site as the project improve traffic circulation within the site and will also increase parking on the site. 4) The landscaping and lighting plans approved as part of this plan meet the requirements of Section 8.4 as amended by the Planning Board of the North Andover Zoning Bylaw. A new landscaping plan has been proposed which provides for perennials, ornamental grasses, shrubs and tree planting along the front, sides and rear of the building, as well plantings behind the retaining wall as the rear of the driveway. The parking area landscaping has been provided for according to the town's Zoning Bylaw. All plantings and screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of the project; 5) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The building is currently serviced by town water and sewer. The Division of Public Works, and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc, have reviewed the application, utilities, and drainage and stormwater management plan and deemed them to be adequate. The applicant has agreed to work with the town on the improvements to the sidewalk, during construction, as the town finalizes its plans for sidewalk and cross walk improvements to that area of Main and Water streets. 6) The Applicant has requested waivers from the following provisions of the Town of North Andover Zoning Bylaw Section 8.3.5: 2 Bank of America, 154 Main St. Map 41,Parcel 33 Site Plan Special Permit—Re-Construction of Parking Area with Stormwater Management Improvements xix)—Traffic Study As part of this decision, The Planning Board has granted the above waivers, in that it has found that the Applicant has provided sufficient information as part of its application to address all traffic impacts. 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, 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) Permit Definitions: A) The "Locus" refers to the 19,842 sq. ft. parcel of land with land fronting on Water Street as shown on a portion of Assessors Map 41, Parcel 33, and also known as 154 Main Street, North Andover, Massachusetts. - B) The "Plans" refer to the plans prepared by Cavanaro Consultants, 687 Main St., Norwell, MA 02061 entitled "Site Plan 154 Main Street,North Andover, MA", dated October 11, 2008,revised 11/17/08, 10/22/08, 10/21/08, 10/07/08 and 11/24/08,consisting of Sheets 1 through 4. C) The"Project"or"154 Main St"refers to the re-construction of an 18 space parking area. With associated drainage and stormwater management system, installation of utilities, construction of a retaining wall, outlet structures, and limited grading work. D) The "Applicant" refers to Bank of America , C/O CB Richard Ellis & Tina Daigle, 1075 Main Street, Waltham,MA 02451,the applicants 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) 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) hour's 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 areas of non-compliance, if any,and actions taken to resolve these issues. 3) PRIOR TO THE START OF CONSTRUCTION A) A detailed 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 must be in place and reviewed and approved by the Planning Department. C) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. 3 Bank of America, 154 Main St. Map 41,Parcel 33 Site Plan Special Permit—Re-Construction of Parking Area with Stormwater Management Improvements The Planning Department must be contacted prior to any cutting and or clearing on site. D) A pre-construction meeting must be held with the developer,their construction employees, Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. E) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. F) A bond in the amount of three thousand dollars ($3,000.00) shall be posted for the purpose of insuring that the site is constructed in accordance with the approved plan and that a final as-built plan is provided, showing the location of all on-site structures. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 4) 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. 5) DURING CONSTRUCTION A) Dust mitigation 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 and fenced off to minimize any dust problems that may occur with adjacent properties. C) It shall be the responsibility of the developer to assure that no erosion from the construction 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) 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. 6) AT COMPLETION OF CONSTRUCTION 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 building. 4 Bank of America, 154 Main St. Map 41,Parcel 33 Site Plan Special Permit—Re-Construction of Parking Area with Stormwater Management Improvements 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 plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. C. Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the purpose of demonstrating signage materials only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw, as amended, and must be approved by the Building Department. In no way is the Project Owner to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the Project Owner prior to construction. 7) 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. C) The Fianning Board must by a majority vote rake a f riding that the site is in confori-trance with the approved plan. 8) GENERAL CONDITIONS A) Any plants, tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity. B) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. C) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. D) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. E) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. F) No underground fuel storage shall be installed except as may be allowed by Town Regulations. G) 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. 5 Bank of America, 154 Main St, Map 41,Parcel 33 Site Plan Special Permit—Re-Construction of Parking Area with Stormwater Management Improvements H) 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. I) 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. J) This Special Permit approval shall be deemed to have lapsed after December 2,2010 (two years from the date pert-nit granted), 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. K) The following information shall be deemed part of the decision: Plan titled: Site Plan &Existing Conditions Plan 154 Main Street North Andover,Massachusetts 01845 Prepared for: Bank of America. C/O CB Richard Ellis Global Corporate Services 1075 Main Street Waltham,MA 02451 Prepared by: Cavanaro Consulting 687 Main Street Norwell, MA 02061 Scale: 1"=20' Date: September 11, 2008, revised to October 07, 2008, October 21, 2008, Octcber 22, 2008,November 17,2008 and November 24,2008 Sheets: 1 -4 cc: Town Departments Applicant Engineer Abutters Assessor 6