HomeMy WebLinkAboutApplication - 1003 OSGOOD STREET 6/18/2010 (2) SMOLAK Ik VAk0GHAN
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June I8, 20O
BYHAND
John Simons, Chairman
Planning Board
Town o/North Andover
]8OU Osgood Street
North Andover, Massachusetts 01845
RE: Applications for Site Plan Review, Watershed Protection District and
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Common DdvewaySpec�lP�mi� ������ co
' IOO� Street
Property: `/»8"vu
Owner/APplicant: Osgood Properties LLC
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Dear Chairman Simons and Other Board Members:
Ou behalf o[ the ���, endoaed�ofUb�XwiUz the
" �
Planning Board are ten /IO\ copies of the Application for Site Plan Review Special �
Pern-Lit, Watershed Protection District Special Permit,Common Driveway Special
Permit, Memorandum in Support of Special Permits, and accompanying Site Plans and
other supporting materials,
Osgood Properties LD[proposes u redevelopment of the Property to include a
21,000 a.[ restaurant/retail/office building, the restoration and relocation u/the historic
barn structure to the south of its current location, the construction of a total of 106
parking spaces, the installation of landscaping and lighting, and the preservation ufau �
�
open space area along the southern and western boundaries of the site to preserve the �
Lake Cochichewick watershed area and adjacent wetland resource areas, all as shown on
the attached site plans. The Property is located within the Business 2 (B-2) Zoning �
District where the uses described above are permitted, �
Me appreciate your time and consideration with regard to this matter and we �
look forward tnworking with you throughout the approval process. Please feel free to �
contact ony office with any further questions orconcerns. �
il Y, �
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JTS/ /1141 ir/T*S��l i - ~~.______-
cu: Osgood Properties LLC,John Grasso,Manager �
Chris 7yanzlo,P.E., MBF Design Consultants, Inc.
Town Clerk's Office /B Hand)
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PLANNING DEPARTMENT
Community DevOopnient Division
Special Per'iiift --- Site Plati Revie,", Applicatioji
Please type or print clearly
1. Petitioner: Osgood Properties LLC John Grasso, Manager
Petitioner's Address: 865 Turnpike Street, 2nd Floor, North Andover, Massachusetts 01845
Telephone number: 978-502-6030
2.Owners of the Land: Osgood Properties LLC John Grasso, Manager
Address:865 Turnpike Street, 2nd Floor, North Andover, Massachusetts 01845
Number of years of ownership: 2 years, 10 months
3.Year lot was created: December 14, 1966 —(See Plan No. 5595 recorded with ENRD)
4. Description of Proposed Project: Project involves the construction of a new 21,000 sJ. retail,office, and restaurant building,
the relocation of the historic barn to the rear(or southwestern corner of site), the removal of the existinq house, the construction of
106 parking spaces, the preservation of open space along Lake Cochichewick, and landscaping of areas altered by proposed
Project.
5. Description of Premises: Existing 3.1-acre parcel with buildings located on south side of Osgood Street.
6,Address of Property Being Affected: 1003 Osgood Street
Zoning District: Business 2(B-2)
Assessors Map: 35 Lot#: 50
Registry of Deeds: Book#: 10893 Page#: 250 —
7. Existing Lot:
Lot Area (Sq. Ft): 138,729 Building Height_: 41'6" Existing Barn
Street Frontage: 304,41' - Side Setbacks: ' >25'
Front Setback: 71 Rear Setback: >30'
Floor Area Ratio: 0.07:1 Lot Coverage: 7.0%
8. Proposed Lot(if applicable): N/A
Lot Area (Sq. Ft): 138,729 Building Height_: 35' New Building
Street Frontage: 304,41' Side Setbacks: ' 26'
Front Setback: 72' Rear Setback: 64'
Floor Area Ratio: 0.18:1 Lot Coverage: 6.5%
{000 1237 I;y r)
1600 Osgood Street,Noitli Aodover,Bldg.20,Suite 2-36 Plamflrig Del)t.,Mossudiusetts 01845
Mooe 978,688.9535 Fax 978.688,9542 Web wwoomoMortimpdover,(om
9. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft): 25,0000 Building Height: 35 Feet
Street Frontage: 125 Feet Side Setbacks: 25 Feet
Front Setback: 25 Feet Rear Setback: 30 Feet
Floor Area Ratio: 0.75:1 Lot Coverage: 35%
10. Existing Building (if applicable): Existing house to be razed. Barn to be relocated.
Ground Floor(Sq. ft): 2,000 #of Floors: 2
Total Sq. Ft.: 4,000 Height: 4116"
Use: Vacant Type of Construction:. Wood Frame
11. Proposed Building:
Ground Floor(Sq. Ft.): 7,000 ....... #of Floors: 3
Total Sq, Ft._21,000 Height: <35 Feet
Use: Office/Retail/Restaurant Type of Construction:Wood Frame
12. Has there been a previous application for a Special Permit from the Planning Board on these premises?
Yes. If so,when and for what type of construction?Watershed Protection Dist.And Site Plan
Review SP's for renovation and expansion of existing buildings (2004), modified in 2005, and in 2007
13. Section of Zoning Bylaw that Special Permit Is Being Requested 8.3 and 10.3
14. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board, Every
application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does
not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and
Regulations may result in a dismissal by the Planning Board of this application as incomplete.
Petitioner's Signature: (!s�r=(Owner and Applicant)
Print or type name here:Jo o, ManaQer
Owner's Signature:
Print or type name here:Jolhn ? , so MMana er
15. Please list title of plans and documents you will be attaching to this application See list of plans and specifications
described in attached Memorandum,
{00002370;V
1600 Osgood Street,North Andover,Bl4g.20,Suite 2-36 Plannhig Depl,,Mossuchusetts N845
Phone 978,688,9535 Fox 978.688,9542 Web www.fown0northrindom.corn
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PLANNING DEPARTMENT
Community DevOopnient Division
Special Perinit — Watershed Pei-mit Application
Please type or print cWrly,
1. Petitioner: Osgood Properties LLC John Grasso, Manager
Petitioner's Address: 865 Turnpike Street, 2nd Floor, North Andover, Massachusetts 01845
Telephone number: 978-502-6030
2. Owners of the Land: Osgood Properties LLC John Grasso, Manager
Address: 865 Turnpike Street, 2nd Floor, North Andover, Massachusetts 01845
Number of years of ownership: 2 years, 10 months
3.Year lot was created: December 14, 1966, (See Plan No. 5595 recorded with ENRD)
4. Is the lot currently on septic or sewer?
Sewer
If on sewer, please provide date the sewer connection was
completed:unknown
5. Description of Proposed Project: Project involves the construction of a new 21,000 sJ. retail, office
and restaurant building, the relocation of the historic barn to the rear(or southwestern corner of site), the
removal of the existing house,the construction of 106 parking spaces,the preservation of open space along
Lake Cochichewick, and landscaping of areas altered by proposed Project.
6. Description of Premises: Existing 3,1-acre parcel with buildings located on south side of Osgood Street.
7.Address of Property Being Affected: 1003 Osgood Street
Zoning District: Business 2(B-2)_
Assessors Map: 35 Lot#: 50
Registry of Deeds: Book#:10893 Page#: 250 —
8. Existing Lot:
Lot Area (Sq. Ft): 138,729 Building Height-: 41'6" Existing Barn
Street Frontage: 304.41' - Side Setbacks: >25$
Front Setback: 7' Rear Setback: >30'
Floor Area Ratio: 0.07:1 Lot Coverage: 7.0%
9. Proposed Lot(if applicable): N/A
Lot Area (Sq, Ft): 138,729 Building Height_: 35' New Building
Street Frontage: 304,41' Side Setbacks: 26'
Front Setback: 72' Rear Setback: 64'
Floor Area Ratio: 0,18:1 Lot Coverage: 6.5%
g00012370,,])Poge I o12
1600 Osgood Street,Noah Andover,Bldg,20,Suite 2-36 Planning Dept,,Mossa(husetts 01845
Phone 978.688,9535 Fox 978.688,9542 Web Aww�to wnof noi I han dove r..co..ni
Edited 8/6/07
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq, Ft): 25,0000 Building Height: 35 Feet
Street Frontage: 125 Feet Side Setbacks:- 25 Feet
Front Setback: 25 Feet Rear Setback: 30 Feet
Floor Area Ratio: 0.75:1 Lot Coverage: 35%
11. Existing Building (if applicable): Existing house to be razed. Barn to be relocated.
Ground Floor(Sq. Ft.): 2,000 #of Floors: 2
Total Sq. Ft.: 4,000 Height: >35 Feet
Use: Vacant Type of Construction: Wood Frame
12. Proposed Building:
Ground Floor(Sq. Ft.): 7,000 #of Floors: 3
Total Sq. ft 21,000 Height: <35 Feet
Use: Office/Retail/Restaurant Type of Construction:Wood Frame
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises? Yes —If so,when and for what type of construction?Watershed
Protection Dist.And Site Plan Review SP's for renovation and expansion of existing
buildings(2004), modified in 2005, and in 2007
14. Section of Zoning Bylaw that Special Permit Is Being Requested 4.136 and 10.3.
15. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the
Planning Board, Every application shall be filed with the Town Clerk's office. It shall be the
responsibility of the petitioner to furnish all supporting documentation with this application. The
dated copy of this application received by the Town Clerk or Planning Office does not absolve the
applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and
legal notification. Failure to comply with application requirements, as cited herein and in the
Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this
application as incomplete,
Os and Properties, LLC (Owner and Applicant)
Petitioner's Signature:
Print or type name here:J�oh—n- sso, anager
Owner's Signature:
Print or type name here: John r4so, ManAger
16. Please list title of plans and documents you will be attaching to this application,
See list of plans and specifications described in attached Memorandum.
(OOW217o;,u)Page 2 of 2
1600 Osgood Street,North Andover,Bldg,20,Suite 2-36 Planning Del)t,,Massachusetts 01845
Phone 978.688,9535 Fax 978,688.9542 Web www.lownofnorthandover,com
....................e....._.... .............
IdOed 8/6/07
Print Form
Town of North Andover Planning Board
Application for Special Permit
Please type or print clearly.
1. Petitioner: Osgood Properties LLC (John Grasso, Manager)
Petitioner's Address:865 Turnpike Street, 2nd Floor, North Andover, MA 01845
Telephone number:(978)502-6030
2. Owners of the Land: Osgood Properties LLC (John Grasso, Manager)
Address:865 Turnpike Street, 2nd Floor, North Andover, MA 01845
Number of,years of ownership: 2 years, 10 mos.
3. Year lot was created: December 14, 1966 (See Plan No. 5595 recorded with ENRD)
4. Description of Proposed Project:
Permitting of e common diivewa�/aprrnverf And conctu icted in 9QQZ to prnviria
common access to properties located at 1003 Osgood Street and 1025 Osgood Street.
Rights and obligations or common driveway are subject o Agreement of asemen , dare-
ft,tcybe, 16,2666 .eco,ded Yvit', the Essex Ma.tl i Regist,y of Deeds in Book i 645 1, Page 525.
5. Description of Premises:
Existing 3.1-acre parcel with b iildinus thereon located on sni ith sid .of Osgood Street,
6. Address of Property Being Affected 1003 Osgood Street
Zoning Dist►•ict:Business 2 (B-2)
Assessors: Map: 35 Lot# 50
Registry of Deeds: Book#: 10893 Page#: 250
7. Existing Lot:
Lot Area(Sq.Ft) 138,729 Building Height 41'6"+/- Barn
Street Frontage: 304.41' Side Setbacks: >25'
Front Setback: 7.00' Rear Setback: >30'
Floor Area Ratio: 0.07:1 Lot Coverage: 7.0%
8. Proposed Lot(if applicable):
Lot Area(Sq.Ft) 138,729 Building Heigbt35.00' New Building
Street Frontage: 304.41' Side Setbacks: 26.00'
Front Setback: 72.00' Rear Setback: 64.00'
Floor Area Ratio: 0.18:1 Lot Coverage: 6.50%
9. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft) 25,000 Building Height 35 Feet
Street Frontage: 125 Feet Side Setbacks: 25 Feet
Front Setback 25 Feet Rear Setback: 30 Feet
Floor Area Ratio: 0.75:1 Lot Coverage: 35%
10. Existing Building(if applicable):
Ground Floor(Sq. Ft.) 2,000 #of Floors: 2
Total Sq.Ft. 4,000 Height: 41'6"+/-
Use: Vacant Type of Construction Wood Frame
11. Proposed Building:
Ground Floor(Sq. Ft.) 7,000 #of Floors: 3
Total Sq. Ft. 21,000 Height: <35 Feet
Use:Office/Retail/Restaurant Type of Construction Wood Frame
12. Has there been a previous application for a Special Permit fi•om the Planning Board on these
premises?Yes If so,when and for what type of construction?2004 -Renoy.
13. Section of Zoning Bylaw that Special Permit Is Being
Requested_ Common nrivawaV Spacial Permit --Sertinns 2 40 1 And 10 3
14. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the
responsibility of the petitioner to furnish all supporting documentation with this application.
The dated copy of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses
for filing and legal notification. Failure to comply with application requirements,as cited herein
and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard
of this application as incomplete.
Petitioner's Signature:
Print or type name here:John Grass , Manager, Osgood Properties, LLC
Owner's Signature:
Print or type name here:John asso, Manager, Osgood Properties, LLC
15. Please list title of plans and documents you will be attaching to this application.
See Memorandum and related attachments.
TOWN OF NORTH ANDOVER PLANNING BOARD
APPLICANT AND OWNER: OSGOOD PROPERTIES LLC
PROPERTY: 1003 OSGOOD STREET
MEMORANDUM IN SUPPORT OF APPLICATION FOR SITE PLAN REVIEW
SPECIAL PERMIT, WATERSHED PROTECTION DISTRICT SPECIAL PERMIT,
PARKING SPECIAL PERMIT AND COMMON DRIVEWAY SPECIAL PERMIT
(Sections 2.30.1, 4.136, 8.1, 8.3 and 10.3 of North Andover Zoning Bylaw)
1. INTRODUCTION
Osgood Properties LLC (the "Applicant") is the owner of an existing parcel of
land known and numbered as 1003 Osgood Street. The site contains 138,729 square
feet (3.1 acres) of land and is designated on the Town Assessor's Maps as Map 35,
Lot 50 (the "Property"). The Property is located on the southerly side of Osgood Street
to the west of Great Pond Plaza and Mad Maggie's (former Treadwell's site) (1025
Osgood Street) and across the street from Giant Glass (1000 Osgood Street). The
Property is currently not in use and includes and existing farmhouse and attached barn,
both of which are vacant and in general disrepair.
The Property is located within the Business 2 (B-2) Zoning District within which
the proposed Project uses (retail, restaurant and office uses) are permitted by right but
subject to the relief described below. The Applicant has owned the Property since 2007.
H. PROPOSED PROJECT
Osgood Properties LLC proposes a redevelopment of the Property to include a
restaurant/retail/office building, and the proposed redevelopment Project includes the
following elements:
(a) Construction of new 21,000 s.f. retail/office building which shall include
7,000 s.f, of restaurant space, 7,000 s.f. of retail space, and 7,000 s.f. of office
space designed to integrate with the design of the adjacent Great Pond Plaza,
all as shown on the attached site plans and architectural concept plans;
(b) Relocation of the historic barn structure, containing approximately 4,000 s.f.
of gross floor area, to the south of its current location, and restoration of barn
structure for additional office and/or restaurant use;
(c) Construction of a total of 106 additional parking spaces as depicted on the site
Plans;
Site Plan Review,Watershed and Common Driveway Special Pennits Memorandum -- Planning Board
1
(d) hnstallation of extensive landscaping around the perimeter of the Property
both to improve aesthetics in and around the site, and to serve as a buffer
between the property and to properties located in the surrounding area; and,
(e) Permanently preserve an open space area along the southern and western
boundaries of the site to preserve the Lake Cochichewick watershed area and
adjacent wetland resource areas.
The Site Plans showing the proposed improvements are attached as Exhibit D.
III. REQUIRED RELIEF
Based upon our preliminary review of the proposed improvements, and after a
meeting with the Building Commissioner, Osgood Properties LLC has determined that
the following relief is required under the North Andover Zoning Bylaw:
a. Site Plan Review Special Permit (Sections 8.3 and 10.3 of NAZB);
b. Watershed Protection District Special Permit (Sections 4.136 and 10.3 of
NAZB);
C. Parking Special Permit (to be issued through Site Plan Review pursuant to
Section 8.1 of NAZB); and,
d. Common Driveway Special Permit (Sections 2.30.1 and 10.3 of NAZB).
In addition to approvals required from the Planning Board, the proposed Project
will require an Order of Conditions issued by the North Andover Conservation
Commission. The project will also require the issuance of a highway access permit from
MassDOT's Highway Division (formerly MassHighway), and the project will be subject
to hazards to navigation review by the Federal Aviation Administration (FAA) and
airspace review by the MassDOT's Aeronautics Division (formerly the Massachusetts
Aeronautics Commission).
Over the course of the past months, representatives of the Applicant have met
with representatives of the Planning Department, the Building Department, Fire
Department, Police Department, and Conservation Commission. The Applicant's
Project was also reviewed by the Town's Technical Review Committee (TRC). As a
result of those meetings and consultations, a number of their recommendations have
been incorporated into the Site Plans.
Site Plan Review,Watershed and Common Driveway Special Permits Memorandum -- Planning Board
2
IV. SITE PLAN REVIEW AND SPECIAL PERMIT CRITERIA
Section 8.3(6) and Section 10.31 of the Zoning Bylaw list the criteria by which the
Plarmirng Board will evaluate the Project as part of its site plan review special permit
process. A description of these criteria, and how the Project meets such criteria, are
described as follows:
A. SITE PLAN REVIEW CRITERIA (Section 8.3)
GENERAL
a. Conformance with all appropriate provisions of the Zoning Bylaw.
The proposed retail, restaurant and office uses are uses allowed by right in
the Business Two (B-2) Zoning District. The Project also conforms to all
dimensional criteria listed in Section 7, including but not limited to, Table
2 (Summary of Dimensional Requirements), of the North Andover Zoning
Bylaw. Compliance with dimensional requirements is summarized on
the Site Plans as well as on the Site Plan Review Application Form.
b. Protection of abutting properties from detrimental site characteristics.
The Project provides appropriate building setbacks from the adjacent
properties. The adjoining business properties will not be negatively
impacted by the proposed Project, but the Project in fact will complement
the surrounding uses.
ENVIRONMENTAL
a. Protection of unique or important natural, historic or scenic features.
Of prime importance is to ensure that there will be no impacts to Lake
Cochichewick and immediate watershed areas. For these reasons, the
Project has been designed with enhanced stormwater management
measures to ensure that there is no degradation of water quality as a result
of the Project. To minimize and potential cutting or grading, the existing
site grades and mature vegetation will be maintained to the extent
practicable, and an appropriate natural buffer will be provided. Wetland
resource areas will not be impacted, as the 25-foot non-disturbance zone
described in the North Andover Wetlands Protection Bylaw will be
maintained, and other storm water management measures will be
implemented, to protect wetland resource areas. Moreover, the Applicant
intends to relocate the existing historic barn located on the Property and to
restore and preserve this important historical resource of the Town.
Site Plan Review,Watershed and Common Driveway Special Pennits Memorandum -- Planning Board
3
b. Adequacy of proposed methods of refuse disposal.
The Project includes a disposal area located on the Property as depicted on
the Site Plans. The disposal area (which will be screened with a six (6')
foot chain link fence with privacy slats) will adequately handle the needs
of the building, and provide for appropriate screening of the facilities.
Solid waste disposal would be handled by a private commercial hauler.
C. Ability of proposed sewage disposal and water supply systems within
and adjacent to the site to serve the proposed use.
The Project will be connected to the municipal water system available un
Osgood Street. Sufficient capacity exists within the municipal system to
accommodate the proposed Project's water needs. The Project will also
include a sewer tie-in connection from the 1025 Osgood Street sewer maul
which has already been constructed up to the property line of 1003
Osgood Street.
d. Adequacy of the proposed drainage system within and adjacent to the
site to handle the increased runoff resulting from the development.
A sub-surface drainage system is being proposed, and accommodates all
runoff resulting from the development. Proposed stormwater
management consists of parking lot street sweeping, underground pipe
and stone infiltration trenches for recharge of rooftop runoff and a closed
drainage system consisting of deep sump, hooded catch basins,
Stormceptor treatment devices and an underground stormwater detention
system to control peak rates of runoff. All drainage and runoff systems
are designed to prevent the contamination of groundwater, and drainage
and runoff will be recharged onsite. Stormceptors will provide
pretreatment of stormwater runoff. Site stormwater will be managed vn
accordance with the DEP's Stormwater Management Policy and related
teclunical guidance, and will also be separately reviewed as part of the
wetlands review process by the North Andover Conservation
Commission. Please refer to the enclosed Drainage Report attached as
Exhibit A for additional information.
e. Provision of adequate landscaping, including the screening of adjacent
residential uses, provision of street trees, landscape islands in the
parking lot and a landscape buffer along the street frontage.
Site Plan Review,Watershed and Common Driveway Special Permits Memorandum -- Planning Board
4
Existing vegetation is comprised of mature mixed hardwoods and open
field areas, and provides a significant natural buffer between this property
and the abutting uses, particularly as it relates to the Lake. This
submission also includes a Landscape Plan providing proposed
landscaping within the parking lot, side yard, and front yard areas which
identify additional buffering and screening areas. A copy of the
Landscape Plan is attached as part of the Site Plans.
f. Adequacy of the soil erosion plan and any plan for protection of steep
slopes, both during and after construction.
An erosion control plan has been provided as part of this submission. All
proposed grades within landscape areas will not exceed 2:1, and all slopes
will be stabilized both during and after construction. The Applicant will
take particular care with respect to maintaining enhanced erosion and
sedimentation controls to avoid impact to both on-site wetlands and
adjacent properties.
g. Protection of adjacent properties by minimizing the intrusion of
lighting, including parking lot and building exterior lighting.
A lighting facilities plan has been provided as a part of this submission
and will be consistent with the lighting plan implemented as part of the
redevelopment of 1025 Osgood Street. Light poles will include recessed
bulbs with flat lenses to eliminate glare. Lighting will not cause glare and
will minimize spillover onto adjacent properties or streets.
h. The proposed development must not present a demonstrable adverse
impact on the surrounding area resulting from excessive noise, dust,
smoke, or vibration which are higher than levels now experienced from
uses permitted in the surrounding area.
The proposed use is to be located adjacent to Route 125 and is surrounded
by retail, office and industrial uses. The Project proposes to include a
combination of retail, restaurant and office uses. The Project layout has
been designed to ensure that there will be no long-term impact on the
surrounding area from excessive noise, dust, smoke or vibration.
DESIGN
a. Buildings shall be located with respect to setbacks placement of parking
landscaping and entrances and exits with surrounding buildings and
Site Plan Review,Watershed and Common Driveway Special Permits Memorandum -- Planning Board
5
development.
The proposed site plan conforms to the required building setbacks, and no
conflict will exist between this site and the existing parking, landscape,
entrance or exit of another adjacent use. The proposed building has been
located in compliance with setback requirements, and is located in a
manner consistent with the adjacent Great Pond Crossing building at 1025
Osgood Street. The Traffic Impact and Access Study (the "Traffic Report")
provides additional detail on the adequacy of site circulation as related to
existing surrounding buildings and development. A copy of the Traffic
Report is attached as Exhibit B.
b. The buildings shall relate harmoniously to each other in architectural
style, site location and building exits and entrances.
The architectural style of the proposed building has been designed in a
manner to complement the architectural style of the buildings at Great
Pond Crossing, and will complement the existing retail facility. A set of
architectural elevations is attached as part of the Site Plans.
C. Screening shall be provided for storage areas, loading docks, dumpsters,
rooftop equipment, utility buildings and similar features.
The proposed refuse area will be screened with a 6' chain link fence
enclosure with privacy slats. All mechanical, electrical and HVAC units
have been either located within the building or will be suitably screened,
and will not be visible, or create a nuisance, to surrounding properties.
d. Electric, telephone, cable t.v., and other such lines and equipment must
be placed underground.
All utilities will be located underground. Please refer to the enclosed
utility plan shown as part of the Site Plans for more detailed information.
e. Demonstrate that the scale, massing and detailing of buildings are
compatible with those prevalent in the surrounding area.
The Project structures will be designed to respect the scale and style of the
buildings in the surrounding neighborhood, and in particular, the
adjacent building at 1025 Osgood Street. Please refer to the attached
architectural renderings and elevations for additional detail.
Site Plan Review,Watershed and Conunon Driveway Special Permits Memorandum -- Planning Board
6
TRAFFIC/PARKING
a. The location and number of curb cuts shall be minimized to reduce
turning movements, and hazardous exits and entrances.
The location and number of curb cuts proposed has been reviewed and is
appropriate for the proposed use, as further described in the Traffic
Report. Moreover, the Project traffic consultant has consulted or will
consult with MassDOT's Highway Division to ensure that all proposed
cuts conform to MassDOT standards. The driveways have been designed
to provide sight lines that exceed minimum requirements for safe
stopping distances. The proposed landscaping and signs in the vicinity of
the site driveway have been located sufficiently back from Osgood Street
so as not to impede the available sight distances. Turns into the site
driveway will operate at an appropriate level-of-service (LOS) during the
peak hours. Exiting movements from the site driveway will operate at an
appropriate LOS during the peak hours as described in the Traffic Report.
b. Provision for access to adjoining properties shall be provided as
appropriate.
As described below and shown on the Site Plans, the existing common
driveway along Osgood Street, along with proposed circulation
improvements to the rear of the property, have been designed and
constructed to enhance access and circulation in conjunction with Great
Pond Crossing.
C. Driveways shall be located opposite each other wherever possible.
To the extent practicable, the proposed Project driveway curb cuts off of
Osgood Street will be aligned with the existing driveways across Osgood Street.
d. Joint access driveways between adjoining properties shall be
encouraged.
As depicted on the Site Plans, a joint, or common, driveway was required
under past approvals and constructed off of Osgood Street.
e. Internal circulation and egress shall provide for traffic safety.
Internal circulation has been designed to minimize conflicts between cars,
trucks and pedestrians, all as more detailed u1 the Traffic Impact and
Access Study. This site does not provide direct or indirect access to minor
streets servicing single-family dwellings.
Site Plan Review,Watershed and Common Driveway Special Permits Memorandum -- Planning Board
7
For the reasons described above and in the supporting documentation and Site
Plans described above, the Applicant respectfully requests the Board to vote to grant
Site Plan Approval of the Project.
B. WATERSHED PROTECTION DISTRICT CRITERIA (Section 4.136)
The Project is located partially within the Watershed Protection District
boundaries so only those portions of the Property within the defined District must
comply with Section 4.136 of the NAZB. Moreover, since the Property is located on a
lot recorded on December 14, 1966 (i.e., prior to the date of the enactment of
amendments to the District in 1994), the provisions relating to the Conservation Zone
and the enlargement of the Non-Disturbance Zone and the Non-Discharge Zones do not
apply to the Project as described in Section 4.136(2)(f) of the NAZB.
Accordingly, the following are the zones applicable to the Project:
Table 2. Lots created on or prior to October 24, 1994
Non-Disturbance Non-Discharge
From Annual High 250 Feet 325 Feet
Water Mark
Of Lake Cochichewick
From Edge of All 100 Feet 325 Feet
Wetland Resource
Areas Within the
Watershed District
Section 4.136(4) of the NAZB ("Special Permit Requirements") requires the
following information to be provided:
(a) a written certification by a Registered Professional Engineer, or other
scientist educated in and possessing extensive experience in the science of hydrology
and hydrogeology, stating that there will not be any significant degradation of the
quality or quantity of water in or entering Lake Cochichewick, is attached as Exhibit C.
(b) As demonstrated by the Site Plans and supporting information, there is no
reasonable alternative location outside the Non-Disturbance and/or Non-Discharge
Buffer Zones, for any discharge, structure, or activity, associated with the proposed use
to occur.
(c) As demonstrated by the Site Plans and supporting information in Exhibits
A and C, all on-site operations including, but not limited to, construction, waste water
disposal, and fertilizer applications will not create concentrations of nitrogen ill
groundwater, greater than the Federal limit at the down gradient property boundary.
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(d) Based upon a determination by the Project engineer, no concentrations of
nitrogen or phosphorous are anticipated to be generated as part of this Project.
(e) As demonstrated by the Site Plans and supporting information in
Exhibits A and C, any runoff from impervious surfaces will, to the extent possible, be
recharged on site and diverted toward areas covered with vegetation for surface
infiltration.
Accordingly, the Applicant respectfully requests the Board to find that, as a
result of the proposed use 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.
C. PARKING SPECIAL PERMIT CRITERIA (Section 8.1)
The Applicant proposes on-site parking which both meets the needs of persons
to be employed or to make use of the services to be provided at the Property, while at
the same time promoting better site design through the use of flexible parking
standards as described below. As more particularly shown on the Site Plans, the
proposed project would provide a total of 106 spaces where 163 spaces would be
required in accordance with the Section 8.1(4)("Table of Off-Street Parking").
Accordingly, the Applicant feels that a Special Permit resulting u1 a reduced number of
proposed parking spaces is appropriate given the varying peak demands of the various
uses on the Property, and in conjunction with a reduction of parking spaces based upon
projected uses, the parking at the Property will not cause detriment to the surrounding
neighborhood since the proposed parking program for the site will not increase traffic
congestion or queuing or otherwise result in unsafe conflict of motor vehicle and
pedestrian traffic, as further described in the Traffic Report attached hereto as
Exhibit B.
Specifically, as further depicted on the Site Plans, the proposed parking spaces
and maneuvering aisles will meet the minimum dimensional standards described in
Section 8.1.5 of the NAZB, and will comply with standards for: vehicular and
pedestrian circulation; driveway egress points; surfacing, drainage and curbing;
loading; and, lighting.
As to the requirements for the location and layout of parking facilities under
Section 8.1.6 of the NAZB, the required off-street parking spaces and loading bays shall
be provided on the same lot as the principal or accessory use they are required to serve,
except for those spaces proposed to be shared with the owner of 1025 Osgood Street as
allowed under Section 8.1.8(d).
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As noted above, the Applicant is requesting relief from certain parking standards
as authorized under Section 8.1.8 of the NAZB as part of the Site Plan Review Special
Permit process, and described below:
(1) Common Parking Areas and Multiple Use Facilities (Section 8.1.8(e))
The Project will involve a combination of retail, restaurant and office uses on the
Property, and many of the uses will have varying peak parking demand. As described
in the Traffic Report, the hours, days, or peak parking or loading demand for the uses
are so different that the proposed number of Project spaces will provide adequately for
all uses or activities served by the parking facility, and the location of the parking
facility in relation to the uses proposed to be served by it is appropriate. More
specifically, the parking demand analysis contained within the Traffic Report supports
the proposal for the reduced parking demand, especially when combined with the
parking usage of the 1025 Osgood Street site.
(2) Reduction in Parking (Section 8.1.8(8))
In addition to the common parking spaces noted above, the Applicant is
proposing to reduce the number of parking spaces to 106 spaces, representing a 35%
reduction of the total number of spaces otherwise required under the Table of Parking
Requirements in Section 8.1.4. Based upon the projected parking usage and other
information contained within the Traffic Report, the Applicant feels that such lesser
amount of parking spaces is justified.
Accordingly, based upon the Traffic Report, the Site Plans, and other information
filed with the Board as part of this hearing, the proposed parking adjustments identified
above will not cause detriment to the surrounding neighborhood through increased
traffic volumes, will not result in increased congestion or queuing since circulation will
be enhanced through shared parking and access points, and will actually improve on-
site and off-site traffic patterns and access to the Property and will not result in any
unsafe conflict of motor vehicle and pedestrian traffic. For these reasons, the Applicant
respectfully requests the Planning Board to vote to approve these parking and access
adjustments described above, and depicted on the Site Plans as part of its Site Plan
Review Decision.
D. COMMON DRIVEWAY SPECIAL PERMIT (Section 2.30.1)
As part of the traffic enhancements proposed and approved for Great Pond
Crossing, a common driveway servicing both 1025 Osgood Street as well as the
Property was required, and has been constructed but never formally approved by
Special Permit. Such common driveway is subject to a recorded maintenance
agreement running with the land which serves to reduce curb cuts otherwise required
Site Plan Review,Watershed and Conunon Driveway Special Permits Memorandum -- Planning Board
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established in the most appropriate location along this stretch of Route
125 while at the same time preserving and enhancing the protection of
Lake Cochichewick. From an economic standpoint, the Project will
serve as a new source of tax revenue to the Town with potential new
employment opportunities for the area, and return a currently vacant,
dilapidated and unused site back to productive economic use.
d. There will be no nuisance or serious hazard to vehicles or pedestrians.
Driveways have been located to provide for the best available sight
distance along Osgood Street. Site improvements have been designed to
maximize on-site and off-site safety. For additional detail please refer to
the enclosed Traffic Report.
e. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use.
The project is adequately and appropriately serviced by municipal water
and other utilities that adequately address the needs of the Project.
Stormwater management facilities will provide adequate treatment of
stormwater in accordance ti7ith applicable requirements.
f. The use is in harmony with the general purpose and intent of this
Zoning Bylaw.
In addition to the reasons described herein and as shown on the Site Plans
and other information submitted as part of the site plan review process,
the proposed use is in harmony with the general purpose and intent of
this Zoning Bylaw for the following reasons. First, the location of the
proposed Project is ideally suited to add additional retail and restaurant
uses to complement and build a critical mass which is important to the
future redevelopment of the Route 125 corridor in this area of North
Andover. Second, the siting of a facility in the proposed location will have
the effect of converting an existing blighted property into an important
revenue-generating property for the Town. Third, by maintaining a view
corridor to the Lake from Route 125, and by preserving open space along
the portion of the Property abutting Lake Cochichewick, the Project
will substantially enhance the aesthetics of the Property with new
building design, landscaping and screening while at the same time
preserving an historic barn to be reused as part of the Project in a mariner
which restores the historical integrity of the building. Fourth, based upon
the Applicant's experience with similar facilities, the off-street parking
provided is adequate to serve the uses of the property in a safe and
Site Plan Review,Watershed and Common Driveway Special Permits Memorandum -- Planning Board
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effective mariner. Lastly, the project, as shown on the Site Plans, complies
with the Zoning By-Law. For these reasons, all of the proposed
improvements and enhancements noted herein are in harmony with the
general purposes and intent of Section 1 ("Purposes") of the North
Andover Zoning Bylaw.
V. REQUEST FOR APPROVAL
For the above reasons, Osgood Properties LLC respectfully requests that the
Planning Board make the required findings and conditions described under Sections
4.136. 2.31, 8.3 and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's
request for a Watershed Protection District Special Permit, a Common Driveway Special
Permit, a Parking Special Permit, and Special Permit for Site Plan Approval
Respectfully submitted,
Osgood Properties LLC
By its attorneys,
C,
John T. Smolak, Esq.
Smolak & Vaughan LLP
East Mill, 21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. (978) 327-5215
Fax (978) 327-5219
Site Plan Review,Watershed and Connnon Driveway Special Pennits Memorandum -- Planning Board
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EXHIBIT A
DRAINAGE REPORT
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EXHIBIT B
TRAFFIC AND IMPACT ASSESSMENT REPORT
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