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HomeMy WebLinkAboutDecision - 65 FLAGSHIP DRIVE 10/3/2001 Town of North Andover 0ffice (.)f the I'lanning Department Cornmunity Development a d Services Division � a 27 Chules a1rc.ed. North Andover, Massadiusetts 01845 Notice Of Decision Any appeal shall be tiled Within (20) days after the S Date of filing this Notice ZC 6 r,V1 In the Office of the TownV� ` Clerk CD G Date; October 3, 2001 ,Vi a� ,r� Date of Hearing: Septemberj , 2001 & October 2, 2001 Petition of: MHF Design Consultants, Inc. 103 Stiles Road, Salem, NH 03079 Premises Affected: 65 Flagship Drive Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 and 10.3. So as to allow: the construction of a 9,100 square foot addition to an existing office/warehouse building to be utilized for a use similar to the existing use of the existing building located in the Industrial-1 Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Site Plan Review, based upon the following conditions: Signed: (- /4 , ' 21 o n Simons, Chairman Cc: Applicant Al erto Angles, Vice Chairman Engineer Richard Nardella, Clerk Abutters Richard Rowen DPW Felipe Schwarz,Associate Member Building Department Conservation Department Health Department ZBA ffiC.:VAF D QIE'AP'f'EIS.M 688-)541 BUIL DI'w14.i'r88-9545 CONSERVATION 688-9530 11F.Af,111 688-x,7540 PLANNING 698-9535 698-9535 Site Plan Review - Special Permit 65 Flagship Drive The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 9,100 square foot addition to an existing office/warehouse building to be utilized for a use similar to the existing use of the existing building. This building is located in the Industrial-1 Zoning District. This Special Permit was requested by MHF Design Consultants, Inc., 103 Stiles Road, Salem, NH 03079. This application was filed with the Planning Board on August 3, 2001. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 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 103: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Industrial-1 Zone and involves the construction of permitted uses within those zones. The architecture of the building will be compatible with that of the adjacent commercial/industrial buildings on Flagship Drive. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. Extensive landscaping has been provided, in addition to the existing landscaping, Emphasis has been placed on landscaping to the rear of the lot and surrounding the parking and perimeter of the proposed addition, which includes the installation of 14 Norway Maples, and 5 Japanese Flowering Crabs, to provide for an effective buffer. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer, Vanasse, Hangin,Brustlin, Inc.; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw except for those waivers expressly stated in Condition#17. 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will be serviced by municipal water, sewer and utilities to adequately address the needs of the project. 1 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. Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Environmental 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 area of non- compliance, if any and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. 2. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final plan must be reviewed and approved by the Town Planner and subsequently endorsed by the Planning Board. The landscape plan must be revised and provided to the Town The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b) A bond in the amount of ten thousand ($10,000) dollars 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. The form of security must be acceptable to the Planning Board. 2 3. Throughout and During Construction: a) During construction, the site must be kept clean and swept regularly. b) Dust mitigation such as site watering and pavement cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. c) Hours of operation during construction are limited from 7 a.m. to 5 p.m., Monday through Friday and 8 a.m. —5 p.m. on Saturdays. d) 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. 4. Prior to FORM U verification (Building Permit Issuance): 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 applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1) All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. d) The applicant is required to pay sewer mitigation fees in accordance with the current and prescribed policies at the Department of Public Works. Proof of payment must be supplied to the Planning Department. e) The applicant's contractor shall plant the perimeter trees identified on the Landscape Plan, (Sheet 5), prior to the construction of the parking area and structures. The applicant shall schedule an inspection with the Town Planner for verification of completion of landscape plantings. 5. 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, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 3 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. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. c) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 6. Prior to the final release of security: 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. Specifically after the detention pond is completed, 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 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. 7. 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. 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. 4 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. 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, 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. 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 Special Permit approval shall be deemed to have lapsed after (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. 17. The following waivers have been granted as part of this decision: 1. Waiver to Section 8.3.5.e(ix), to provide a building elevation of the proposed addition has been GRANTED, as the applicant has provided photographs of the existing building and the proposed addition will be built to match the existing building. 2. Waiver to Section 8.3.5.e(xix) to provide a traffic impact study has been GRANTED, as a traffic study for the industrial subdivision itself was conducted when the traffic signalization was installed at the intersection of Route 114/Willow Street. 3. Waiver to Section 8.3.5.e(xxi) to provide a sewer line profile has been GRANTED, as the project is a sewer service, not a main line. 4. Waiver to Section 8.3.5.e(xxii and xxiii) to provide fiscal and community impacts has been GRANTED, as the addition to the building will not warrant the rendering of these reports because the building is already in use. 5 18. The following information shall be deemed part of the decision: Plan Titled: Proposed Site Development, Map 107C, Lot 76 65 Flagship Drive North Andover,MA 01845 Prepared For: Ranger Development 65 Flagship Drive North Andover,MA 01845 Prepared By: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, New Hampshire 03079 Scale: I"=20' Date: July 16, 2001,revised 8/1/01, 9/12/01 Sheets: 1-8 Report Titled: Drainage Calculations 65 Flagship Drive North Andover, Massachusetts Dated: July 18, 2001 Prepared By: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079 cc: Applicant Engineer File 6 Town of North Andover ;O€2TH ��,Bay t,LEU h6 0. Office of the Planning Department Community Development and Services Divisi®n m 27 Charles Street 4 <e r .. > North Andover, Massachusetts 01845 ���SACNUS���� Heidi Griffin Telephone (978) 688-9535 Planning Director Fax (978)688-9542 October 31, 2001 John T. Smolak, Esq. 50 Rowes Wharf Boston, MA 02110-3342 Re: 65 Flagship Drive Mr. Smolak, At the Planning Board meeting of October 30, 2001, the Planning Board approved the request to modify the decision for 65 Flagship Drive. In accordance with Section 8.3.8 of the North Andover Zoning Bylaw the Planning Board approved the modification to move condition 2b "A bond in the amount of ten thousand ($10,000) dollars 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. The form of security must be acceptable to the Planning Board." And make it a new condition which states "Prior to Start of Construction a bond in the amount of ten thousand ($10,000) dollars 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. The form of security must be acceptable to the Planning Board." If you have any additional questions please call the Planning Department at(978)688-9535. Sincerely, `�1 eidi Griffin Town Planner cc: Joyce Bradshaw, Town Clerk BOARD OF APPI;<4LS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535