HomeMy WebLinkAboutDecision - 1003 OSGOOD STREET 1/12/2004 (2) .rown of North Andover
Office of the Planning Departatent
Community Development and Ser 131011
-
27 Charles Street
North Andover, Massachusetts 01845
Telephone (978) 688-9535
Fax (978)688-9542
Notice Of Decision.
Any appeal shall be filed
Within (20) days after the
Date of filing this Notice
In the Office of the Town
C lerk
Date: January 12,2004
Date of Hearing: September 23,
2003, October 7, 2003, October
21, 2003,November 6,
2003,1Sovember 25,2003,
December 2, 2003,January 6,2004
Petition of: Thomas Properties, LLC, 231 Sutton Street,North Andover, NM 01845
Premises Affected: 1003 Osgood Street
Referring to the above petition for a Watershed Special Permit from the requirements of
the North Andover Zoning Bylaw Section 4.136.
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 condi�t
Cc: Applicant Signed:
Engineer Heidi Gri n,Acting Town Planner
Abutters on beha 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
F30:-RD C7P PPEALS 638-954] TIUILDI\G 688 954'5 C<)N,"'EI2\'1'I'ICD\"688-9530 TTEALTH 684-9540 PLA UNG 688-7535
1003 Osgood Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Thomas Properties,
LLC, 231 Sutton Street, North Andover, MA 01845, who submitted this application on August
22, 2003. The area affected is located on Osgood Street in the B-2 Zoning District, Map 35, Lot
50. The applicant is requesting a watershed special permit for the renovation and expansion of an
existing structure to accommodate 13,000 square feet(+/-) of office use, four residential apartments, a
youth soccer field and associated parking within the Non-Discharge and Non-Disturbance Buffer Zone
of the Watershed Protection District. Specifically,work within the Non-Disturbance Zone will include
stormwater management including surface and subsurface discharge, drainage pond outlet, and grading
associated with both the stormwater system and proposed soccer field. No homes, impervious areas
or driveways of any kind have been proposed within this zone. Work within the Non-Discharge Zone
will include renovation and addition to the existing structure, construction of associated parking,
landscaping,utilities, associated retaining walls and site grading.Additional work in the Non-Discharge
Zone includes stormwater management as surface and subsurface discharge, drainage structures and
associated grading.
FINDINGS OF FACT:
In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as
its specific criteria, are met. Specifically the Planning Board finds:
1. That as a result of the proposed construction in conjunction with other uses nearby, there will
not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases its findings on the following facts:
a) The proposed structures will be connected to the Town sewer system;
b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the
site.
c) The topography ofthe site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary to construct/renovate the
structure and appurtenances;
2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone, Non-
Discharge Zone and Conservation Zone for any discharge, structure or activity, associated with
the proposed project. All structures, impervious areas and utilities are shown in areas that are
allowed by right under Section 4.136 of the North Andover Zoning Bylaw. The stormwater
management facilities have been located as to minimize the grading and earthwork required to
complete the project and restore vegetative cover as quickly as possible.
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1003 Osgood Street—Watershed Special Permit
In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the
following findings:
a) The specific site is an appropriate location for the proposed use as all feasible storm water
and erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the use is less intensive than the
surrounding general business and industrial uses;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the proposed
use;
e) The Planning Board also makes a specific finding that the use is in harmony with the
general purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following conditions:
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this 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 1
through L2 prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA
0 18 10,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. Ground and first floor
plans
The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a public hearing and modification by the
Planning Board.
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1003 Osgood Street—Watershed Special Perniit
2) PRIOR TO ANY WORK ON SITE:
a) A performance guarantee of ten thousand dollars($10,000) in the form of a check made out to
the Town of North Andover must be posted to insure that construction will take place in
accordance with the plans and the conditions of this decision and to ensure that the as-built
plans will be submitted.
b) The limit of work as shown on the plan by the erosion control line must be marked in the field
and must be reviewed and approved by the Town Planner.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner.
d) The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission, Board of Health, and the Department of Public Works and be in
compliance with the above permits and approvals.
e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division
of Public Works.
3) Foundation Plan: Immediately upon completion of the addition foundation and prior to further
construction activities associated with the site, the applicant shall complete a plan prepared by a
Registered Professional Land Surveyor(R.P.L.S.)which accurately depicts the foundation location
and its proximity to wetland resource areas and watershed buffer zones as shown on the approved
Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the
setback limits under the special permit have been met.
4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) The plans and hydraulic calculations for each fire sprinkler system shall be submitted for
review and approval by the North Andover Fire Department. Plans and hydraulic
calculations for each system must also be supplied to the Building Department.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant
shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to
the Town Planner and included in the file.
b) The building must have any and all fire sprinklers installed in accordance with the
Massachusetts General Laws Chapter 148 Section 26. Certification that the systems have
been installed properly and in accordance with the above referenced regulations must be
provided from the North Andover Fire Department.
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1003 Osgood Street—Watershed Special Peimit
6) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: ,
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including sewer lines, storm water mitigation
trenches and other pertinent site features. This as-built plan shall be submitted to the Town
Planner and the Department of Public Works for approval. The applicant must submit a
certification from the design engineer that the site was constructed as shown on the approved
plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with
the approved plan.
7) In no instance shall the applicant's proposed construction be allowed to further impact the site than
as proposed on the plan referenced in Condition# 1.
8) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
10)The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
11) 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.
cc: Applicant
File
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1003 Osgood Street—Watershed Special Permit