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HomeMy WebLinkAboutDecision - 200 CHICKERING ROAD 9/3/1998 .town of ort n over �k c vA0RT#j OFFICE OF ` °'°�°0 SER 0-0 COMMUNITY DEVE LOPMENT AND 4 40,30 School Street o ��� A North Andover, Massachusetts 01845 WILLIAM J. SCOTT sSACHUS�� Director DECISION I Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the `town Clerk. Date September 3, 1998 Date of Hearing July 21, 1998, August 18, 1998 Petition of Scott Construction Co. Premises affected 200 Chickering Road Referring to the above petition for a special permit from the requirements of the North Andover ZOning Byla Section 8.3 (site plan review) so as to allow construction of a 24,055 SF wood framed retail/office building. After a public hearing given on the above date, the Planning Board voted to APPROVE the SPECIAL PERMIT - SITE PLAN REVIEW based upon the following conditions: Signed �.. �p CC: Director of Public Works Richard S.Rowen Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahonev Towns Outside Consultant File Planning Board Interested Parties CONSERVATION-(978)688 9530 ° HEALTH-(978)688-9540 PLANNING-(978)688-9535 *BUILDINGOFFICE-(978)688-9545 0 *ZONING BOARD OF APPEALS-(978)688-9541 ° *146 NIAIN STREET Town of North Andover 140RTN OFFICE OF troy�t�.o oL COMMUNITY DEVELOPMENT AND SERVICES 0 p 384 Osgood Street North Andover,Massachusetts 01845 WMLIAM J. SCOTT 9SSACHU5�� Director September 2, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Special Permit/Site Plan Review 200 Chickering Road Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on Tuesday evening, July 21, 1998 at 7:30 p.m. in the Department of Public Work 384 Osgood Street on the application of Scott Construction Co., 12 Rogers Road, Haverhill, MA 01835 North Andover, MA 01845 for a special permit under Section 8.3 (Site Plan Review) of the North Andover Zoning Bylaw . The legal notice was properly advertised in the North Andover Citizen on July 1 and July 8, 1998 and all parties of interest were duly notified. The following members were present: Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Richard Nardella and Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also absent. The petitioner was requesting a special permit to allow the construction of a 24,055 SF wood framed retail/office building located at 200 Chickering Road North Andover, MA 01845 in the Business - 1 district (B-1). Peter Shaheen, Mark Gross of MHF Design and Dermit Kelly of DJK Associates were present to represent 200 Chickering Road. Mr. Shaheen stated that they reoriented the site due to Town Meeting. Mr. Shaheen stated that the old plan was running perpendicular to Chickering Road and now it is running parallel to Chickering Road. Mr. Gross stated that the rezoning line is 300' from Chickering Road. Mr. Gross stated that the proposed building is going to be utilized with the same footprint. Mr. Gross stated that the I"floor of the building will be 16,500 SF of retail space and the 2nd floor will be 7,500 SF of office space and the parking spaces will be 9 x 18. Mr. Gross stated that to enter the main entrance there is going to be stairs and an elevator. Mr. Gross stated that the storm water plan is much more simplified. Mr. Gross stated that the dumpster is going to be set away from the building with a fence around it. Mr. Gross stated that they are putting up a stockade fence along Farrwood Drive with a gate for residents in the condo to access the stores easily. Mr. Gross stated that the back parcel will be given to the Town or to the Trustees of Reservations. The driveway will be 13' further away from Farrwood Drive. Mr. Gross stated that the display area will be used by Rennies and there will be a 360 degree turn around the building. Mr. Gross stated that the site will be serviced with town sewer. Mr. Gross BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 showed the Board what type of lighting they are planning on using. Mr. Nardella asked where the dumpster will be located. Mr. Gross stated that it will be adjacent to the fence on Farrwood Drive. Ms. Lescarbeau asked where the lights are going to be placed. Mr. Gross showed the Board the location of the lights on the plan. Mr. Simons asked if there was a loading dock. Mr. Gross stated that there is one in the rear for just box trucks. Mr. Nardella asked what the original size of the other building. Mr. Gross stated that it was 16,900 SF of just retail. Mr. Reiner the Architect, stated that the highest point of the building is 33'. Mr. Reiner went over the plans with the Board. Mr. Reiner stated that they are planning on putting rails on the roof to hide the HVAC units. Mr. Reiner stated that the building will be made of clapboard siding with divided windows and utility steel doors. There will be some brick at the entrance and with a asphalt roof. Mr. Simons asked if there is anything they could do architecturally to the back of the building. Mr. Reiner stated that they could do something in the back. Mr. Simon stated that this is the first time we have ever mixed commercial with retail and he thinks it is a good thing. Mr. Nardella asked what are they doing with regards to noise because of the HVAC units. Mr. Reiner stated that the railings are walls that look like railings. Mr. Nardella asked if there is going to be a covenant so that the renters signs are all the same. Mr. Shaheen stated that we will go by the sign bylaw. Mr. Nardella told the applicants to think about delivery times. Dermit Kelly of DJK Associates, stated that the original study was based on 17,500 SF of retail and the new one is 16,500 SF of retail and 7,500 SF of office. Mr. Kelly stated that the impact will be the same. Ms. Colwell asked if they will have to go back to the state. Mr. Kelly stated they do. Mr. Gross stated that they have to re-file with ConCom and will be doing that within the next week or so. Mr. Gross stated that we are collecting runoff and are providing storm water treatment structure. Mr. Chessia stated that the drainage was looked at extensively at the last submittal and he would recommend a test pit be done. Mr. Simons stated that he likes the plan and thinks they did a nice job. Mr. Simons asked if they thought of moving the house instead of tearing it down. Mr. Simons also stated that he still has a personal preference about moving the building up closer to the front and put the parking in the rear. Paul Hajec of Hajec Associates stated that would suggest that they re-submit a curb cut to the state but, they already did and the movement of the driveway was also better. Chris Rodstrom of the Trustees of the Reservations asked if there was any assessment going to be done. Mr. Shaheen stated no. Mr. Nardella asked if the condo association has seen this plan. Mr. Shaheen stated yes, and I think they are pleased. Continued until August 18, 1998. The North Andover Planning Board held a regular meeting on August 18, 1998. The following members were present: Richard S. Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Alberto Angles, Associate Member, Joseph Mahoney and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. Dom Scalise was present to represent 285 Holt Road, Mr. Scalise stated that on behalf of the applicant they would not like to hold a hearing tonight because there is only 4 members present and at the last meeting there was 6 and they are afraid that it might be a problem when it comes time to vote. Ms. Colwell stated that we did receive a copy of our traffic consultants comments but, we did not ask him to attend this meeting because we thought your consultant would not have time to respond. Mr. Rowen stated that he has put together a list of things that he would like to see during the permit process. Mr. Rowen stated that he is not keen on surprises and would like to pass them out to you. Mr. Rowen went over his punch list with the Board and the applicants. Ms. Colwell stated that the noise proposal went out today to the 3 companies. Ms. Colwell also stated that the People for the Environment are holding a meeting Thursday night July 9, 1998 @ 7:00 p.m. @ the North Parish Church. Continued until September 1, 1998. The North Andover Planning Board held a regular meeting on September 1, 1998. The following members were present: Richard S. Rowen, Chairman, John Simons, Clerk, Joseph Mahoney and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. Mark Gross of MHF Design was present to represent Scott Construction. Mr. Gross stated that he received a letter from John Chessia of Coler& Colantonio and he had a discussion with Ms. Colwell and she stated that they were all set. Ms. Colwell stated that the ponds will not contain no more than 9" of water. Ms. Colwell stated that another test pit should be done by the leaching area. Mr. Gross went over the parking space issue. Mr. Rowen stated that he would like to come up with language that is used by the building inspector for the number of parking spaces. Mr. Gross went over his theory on the number if parking spaces. Mr. Nardella stated that the zoning bylaw states that for residential area the parking spaces required are greater than retail area. Mr. Gross stated that all these tenants need to submit building plans to the building inspector so he will be able to enforce if they try to put in tables or booths. Mr. Nardella stated that he wants to see this succeed. The Board went over the number of parking spaces for residential and for retail. Mr. Rowen stated that right now they are set up for retail. Mr. Mahoney stated that we have a building inspector to enforce this. Mr. Nardella stated that 701 Salem Street has a table in there and they're not supposed to. Mr. Gross stated that this is an enforcement and not part of the approval. Mr. Gross stated that if there is a tenant that would be brought in they would have to go to the building inspector anyway. Mr. Nardella stated that they don't have enough parking to get a restaurant. Dave Rennie asked if they have enough parking for any seating. Mr. Rowen stated that they don't have enough parking. Mr. Gross stated that they are not going to build the building with out tenants sot hey will have to comeback before the Board if they need more parking spaces. Mrs. Rennie asked if this is affected with a coffee shop. Mr. Nardella stated that no, as long as there are no seats. Bill Sullivan, Chairman of Zoning Board of Appeals stated that if there are counters that customers can serve themselves that is considered a seat. Mr. Rowen stated that we just want to make sure that your eyes are open. Ms. Colwell went over her wording for the parking spaces. On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing. Attached are the conditions, Sincerely_, —T) Vie' 0- cu- Richard S. Rowen, Chairman North Andover Planning Board 200 Chickering Road (Rennies) Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 24,055 SF retaiVoffice building located in the Business -1 (B-1) Zoning District. Scott Construction Co., 12 Rogers Road, Haverhill, MA, requested this Special Permit on June 23, 1998. 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 a business zone and will replace an existing florist shop. 2. The use as developed will not adversely affect the neighborhood as sufficient buffers, hours of operations and deliveries, and noise controls have been provided; 3. There will be no nuisance or serious hazard to vehicles or pedestrians as the entrance drive has-been moved as far as possible from the entrance to the adjacent driveway; 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 and has been reviewed by the Department of Public Works and engineering consultant; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. 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 8.35 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) Dumpsters: a) The dumpsters may only be emptied between the hours of 7:00 a.m. and 9:00 p.m. 1 b) All dumpsters must be placed on concrete.pads and enclosed on an sides with a permanent fence. The location of the dumpsters must be reviewed and approved by the Board of Health and Fire Department for conformance to their regulations. 2) Deliveries: a) Deliveries to the site must be limited to between the hours of 7:00 a.m. and 9:00 p.m. with the exception of individual vendors approved by the Board of Health. 3) Hours of Operation: a) The hours of operation of the retail/office complex will be between the hours of 6:00 a.m. and 12:00 midnight. 4) Parkin g[U Les: _ a) The site as currently configured contains sufficient parking for retail/office use only. No restaurants, seats, booths, stools, counters or table for eating or drinking will be allowed without the closing off of some of the existing office/retail space or the creation of additional parking spaces in a number sufficient to meet the requirements of the Zoning Bylaw. 5) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: Ja) A FORM A plan must be submitted to the Planning Board for review and approval separating the "back land" as shown on Exhibit A which will be donated to the Trustees of Reservations. The final plan must be reviewed and approved by the engineering consultant, DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. A bond in the amount of ten thousand dollars ($10,000) shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. 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. 2. Prior to the start of construction: 2 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 Test pit data must be provided at the location of the proposed drainage recharge systems and be reviewed and approved by the Town's Engineering Consultant c) All erosion control must be installed as shown the approved and endorsed plans. 3. Prior to FORM U verification (Building Permit Issuance): a) The "back-land" as shown on Exhibit A must be transferred to the Trustees of reservations to be kept as open space, or, alternatively to the Town of North Andover. b) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. C) A certified copy of the recorded decision must be submitted to the Planning Department. 4. Prior to verification of the Certificate of Occupancy: a) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, fighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board and the attached Est of materials prepared by Koch Architects. b) The Planning Staff shall approve all artificial fighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such fighting 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 fighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. C) The building must have commercial fire sprinklers installed in accordance with the North Andover Fire Department. 5. Prior to the final release of security: 3 a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant'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 Division of Public Works. 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 stock piles to remain for longer than one week must be fenced off and covered. 7. Noise Issues: a) Heating and cooling requirements for this building require sizable equipment. The design for this building is a split system where approximately half the equipment is located within the building and will have no adverse noise impact. The remaining roof mounted equipment (condensing units) will be placed in screened and/or recessed roof areas, with acoustically dampening treatment, reducing reverberation and arresting the travel of sound. b) 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. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 9. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 10. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 4 13. 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. 14. 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. 15. 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. 16. This pecial Permit approval shall be deemed to have lapsed after (two years from the date permit granted) unless su stantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 17. The following information shall be deemed part of the decision: a) Letter dated June 19, 1998, from Dermot J. Kelly Associates, Inc., Traffic Engineering/Transportation Planning, Two Dundee Park, Andover, MA 01810, prepared for MHF Design. b) Letter dated July 16, 1998, from Paul Haject Associates, Transportation Engineering and Planning, 375 Common Street, Lawrence, MA 01840, prepared for North Andover Planning Board. C) Plan titled: Proposed Site Development Map 46 - Lots 35 & 46 Chickering Road - Route 125 North Andover, MA Prepared for: Scott Construction Company, Inc. 12 Rogers Road Haverhill, MA 01835 Prepared by: MHF Design Consultants, Inc. 12-B Manor Parkway Salem,NH 03079 Date: June 19, 1998, rev. 8/6/98 Sheets: 1 through 15, A-1 Architectural Rendering d) Report titled: Storm water Management Report for Old Town Village Retail Project, 200 Chickering Road North Andover, Massachusetts, 01845 Prepared for: Scott Companies 12 Rogers Road Haverhill, MA 01835 5 Prepared by: MHF Design Consultants, Inc. 12-B Manor Parkway Salem, NH 03079 Dated: February 7, 1997, rev. March 31, 1997, April 30, 1997, May 14, 1997, June 22, 1998, August 4, 1998. e) Plan titled: Building Elevations 200 Chickering Road North Andover Dated: August 8, 1998 Scale: 1/8"= 1' Prepared by: Koch Architects 36 Essex Road Ipswich, Massachusetts CC. Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 200 Chickering Road - Site Plan Review 6