HomeMy WebLinkAboutDecision - 10 COMMERCE WAY 8/23/2002 Town of North Andover aF NBRTH
Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 ��SSgCkuSE���
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Planning Director: )woods @townofnorthandover.com P (978) 688-9535
J.Justin Woods F (978) 688-9542
NOTICE OF DECISION
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Vincent Grasso
10 Commerce Way
Site Plan Special Permit
The public hearing on the above referenced application was opened by the North Andover Planning Board on
August 23, 2002 and closed on May 6,2003. Jim Comeau,P.E.and Dick Doherty,PE,of Hancock
Engineering,appeared on behalf of the applicant.
On May 20,2003,Nardella made, and Angles seconded,a motion to grant a Site Plan Special Permit to
allow for the conversion of an existing 8,200 square foot cinder block metal frame warehouse into a
9,800 square foot car wash and related site improvements and landscaping within the Industrial-2
Zoning District,under the requirements of Section 8.3& 10.3 of the North Andover Zoning Bylaw. This
Special Permit was requested by the by Vincent Grasso, 100 Millpond Road,North Andover,MA,01845. The
original application,excluding revised documentation,as cited herein, was filed with the Planning Board on
submitted on August 23,2002 with subsequent submittals and extensions on file. The applicant submitted a
complete application,which was noticed and reviewed in accordance with Section 10.52 of the Town of North-,
Andover Zoning Bylaw and MGL Chapter 40A, Section 9.The motion to approve was subject to the
FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision.
The Planning Board voted on the motion by a vote of 4 in favor to 0 against(Schwartz and Phinney-were
not present for the vote). A special permit issued by a special permit granting authority requires a vote of at
least four members of a five-member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of,the
Town of North Andover Zoning Bylaw. Accordingly, the Application for the Site Plan Special Permit is
approved,vffh the attached conditions.
The applicant is hereby notified that should the applicant disagree with this decision,the applicant has
the right, under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the
date this decision has been filed with the Town Clerk.
Respectfully Submitted:
J J Woods,Planning Director
r �J
�- for the North Andover Planning Board:
Z7-- John Simons,Chairman
Alberto Angles,Vice Chairman
=" Richard Nardella,Clerk
George White
Felipe Schwarz
James Phinney,Associate Member
i
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Vincent Grasso
10 Commerce Way
Site Plan Special Permit
May 21,2003
Page 2 of 3
Appendix A
In accordance with North Andover Zoning Bylaws Section 8.3 and 10.3, the Planning Board makes the finding
that the intent of the Bylaw, as well. as its specific criteria, is met. Specifically the Planning Board makes the
following FINDINGS OF FACT:
1. The existing site is located in the Industrial-2 District at the Airport on the corner of Commerce Way and
Osgood street within a lot area of approximately 114,000 square feet. The specific site is an appropriate
location for the project given that the building is currently vacant.
2. The building as designed will not adversely affect the neighborhood as the project includes substantial
landscaping around the entire site and the abutting properties immediately adjacent to the site are across
the streets and commercial in nature.
3. There are no wetland resources or related buffers or ILSF exist at the site.
4. The proposed use is allowed in the I-2 District, and conforms to the applicable dimensional criteria.
5. No increase in runoff rates or volume will occur provided that the drainage infiltration system is
constructed as designed.
6. The Town owned sewer pump can handle the additional flow generated by the projects as long as the
carwash wastewater pump only pumps between the hours of I IPM to 7PM(off peak hours).
7. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the
Zoning Bylaw.
8. The Planning Board also makes a specific finding 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.
Upon_ reaching the above findings, the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the
following conditions:
a) A bond in the amount of five thousand ($5,000) dollars in the form of a check must 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, topography, and drainage facilities is submitted. The bond is also in place
to insure that the site is constructed in accordance with the approved plan.
b) The applicant must submit building elevations and profiles for the rear and sides of the building.
2) Prior to the start of construction:
a) During construction,the site must be kept clean and swept regularly.
b) A construction schedule shall be submitted. to the Planning Stag' for the purpose of tracking the
construction and informing the public of anticipated activities on the site.
3) Prior to Building Permit Issuance(Form II):
a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans
must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning Department.
c) The applica t must provide to the Planning Department a recorded copy of the ZBA approval and
variance.
4) Prior to issuance 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, lighting and site layout substantially comply with the plans referenced at the end of
this decision as endorsed by the Planning Board.
b) The building must comply with applicable state fire and building codes.
c) The applicant must provide the Planner with a letter of approval for the wastewater pump station from the
North Andover Water Treatment Plant Superintendent.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Vincent Grasso
10 Commerce Way
Site Plan Special Permit
May 21,2003
Page 3 of 3
d) 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. The Town Planner will review the site and
any screening as may be reasonably required by the Town Planner will be added at the applicant's
expense.
5) Prior to the final release of security:
a) 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.
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 stockpiles to remain for longer
than one week must be fenced off and covered.
7) 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.
8) The contractor shall contact Dig Safe at least 72 hours prior to commenchng any excavation.
9) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective
utility companies.
10) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
11) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
12) 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.
13) 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.
14) 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.
15) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (two years from the date
permit granted)unless substantial use or construction has commenced. Substantial use or construction will
be determined by a majority vote of the Planning Board.
16) The following information shall be deemed part of the decision:
Plan Titled: Proposed Car Wash Facility- 10 Commerce Way
Prepared by: Hancock Engineering Associates,235 Newbury Street,Danvers,MA 01923
Sheets: 1-6, Scale As Noted
Dated: July 30,2002,lasfrevised March 11,2003,
Plan Titled: Circulation Plan
Prepared by: DJK Associates,280 Main Street,Reading, MA 01864
Sheets: 1-1, Scale I"= 20'
Dated: March 28,2003
Plan Titled: Building Renovation
Prepared by: Cubellis Associates,711 Atlantic Avenue,Boston,MA 02111
Sheets: P-1, Scale 3/16"= 1'
Dated: June 6,2002
cc: Conservation Administrator Police Chief Abutters
Director of Public Works Fire Chief Assessor
Health Administrator Applicant DPW
Building Inspector Engineer File
BOARD OF APPEALS 688-9541 BUII,DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535