HomeMy WebLinkAboutDecision - 150 FLAGSHIP DRIVE 7/3/1996 D� h � IHD BDkDD RECE1VE^ }
JOYCE BRADaHAW
w v OF NORTH A N D O VE R TOWN CLERK
appeal shall be filed HASSAC111 SETTS NORTH
within (20) days after the JUL 5 5 C5 AM '96
date of filing of this Notice
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in the Office of the Town �? 'JUL w $
Clerk. _ =
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.$A�NUSt 7
NOTICE OF DECISION
D ate .July 3: .1996 . . . . . . . . . . . . . . . .
Jun 4, Jun 18, 1996
Date of Hearing
Channel Building Co. , -Inc.
Petitionof ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
150 Flagship Drive, North Andover Business Park
Premisesaffected . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
North Andover Zoning Bylaw Section 8.3 (site plan review)
ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
allow construction of a 50,000 sq ft one story building.
soas to ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .
based upon the following conditions :
CC: Director of Public Works
Building Inspector K r�
Natural Resource/Land Use Planner
Health Sanitarian Signed
Assessors
Police Chief Joseph. V., Mahoney; Chairman .
Fire Chief
Applicant Richard Rowen:_ Vice Chairman. . . .
Engineer
File . .Alison Lescarbeau, Clerk. _ . . , , , ,
Interested Parties
Richard. Nardella
John Simons
Town of North Andover f „ORTIy
OFFICE OF �?o`,"
COMMUNITY DEVELOPMENT AND SERVICES ° . p
• 4
146 Main Street
North Andover, Massachusetts 01845 �l.......
Ss4c NU gE
July 3, 1996
Ms . Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, MA 01845
Re : Special Permit/Site Plan Review
150 Flagship Drive
Dear Ms . Bradshaw,
The North Andover Planning Board held a public hearing on Tuesday
evening, June 4, 1996 at 7 : 30 p.m, in the Senior Center behind
the Town Building, on the application of Channel Building
Company, . Inc. , 242 Neck Road, Haverhill, MA 01830 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 May 15 and May 22, 1996 and all parties
of interest were duly notified. The following members were
present: Richard Rowen, Vice Chairman, Alberto Angles, Associate
Member, Richard Nardella and John Simons.
The petitioner was requesting a special permit to allow for the
construction of a 50, 000 sq ft one story building.
The premises affected is 150 Flagship Drive, North Andover
Business Park.
Mr. Angles read the legal notice to open the public hearing.
Paul Kneeland, president of Channel Building, was present and
stated that the location of the property is lot 1 North Andover
Business Park with frontage on 150 Flagship Drive . The proposed
building is to house Town Printing currently located on Charles
Street . It is a' 50, 000 sq ft parcel formerly zoned residential,
but changed at Town Meeting to Industrial - I . The site plan was
developed keeping in mind all the covenants placed on the
property years ago i .e. building height, buffer zones, site
lighting, trash management, noise level . No abutters were
present, but Greg Weich from Channel Building stated he will send
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BOARD OF APPEALS 688-9541 BLUDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNNG 688-9535
to Peter Novello, an abutter, the list of items covered in the
covenant and how they are being addressed.
Frank Monteiro, MHF Group in Salem, N.H. was present and stated
that the property is 8 . 9 acres and access will be through a 50'
wide lot . A Form A has been submitted to avoid a wetland
crossing. There will be a row of white pines installed and
landscaping done around the perimeter of the building. There is
existing water and sewer and a detention pond will be provided.
There is a swale around the perimeter of the property and a 2 to
1 cut slope to swale. The building is at elevation 263 . Mr.
Simons asked Mr. Monteiro why clear as much land as shown on the
plan and Mr. Monteiro replied that it is necessary so that the
building will be on one elevation. Mr. Simons asked why can' t
you put the drainage into the subdivision drainage and Mr.
Monteiro replied it can' t accommodate any more . Mr. Rowen stated
that because of the steep slopes we may require interceptor
drains . Mr. Rowen asked where will you place snow storage and
Mr. Monteirn replied off to the side of the building. Mr.
Nardella asked what are the hours of operation and Mr. Poore
replied 7 am to 11 pm 5 days a week, some Saturdays and very
minimum Sundays . Mr. Simons asked Mr. Monteiro to address the
lighting. and Mr. Monteiro stated that there .will be several 30'
high poles around the building and wall pack lighting on the
building. Ms . Colwell stated that she is waiting for a report
from John Chessia on the drainage calcs, but doesn' t feel there
will be anything overwhelming.
A site walk is scheduled for June 15, 1996 at 8 a.m.
Continued until June 18, 1996.
The North Andover Planning Board held a regular meeting on
June 18, 1996 . The following members were present: Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles,
Associate Member, Alison Lescarbeau, Clerk, John Simons and
Richard Nardella.
This is a continuation of the public hearing.
Greg Weich from.Channel Builders was present and stated that Peter Novello, an abutter, was
notified of the site walk but did not attend. Ms. Colwell stated that the drainage issues have not
been addressed, but they should be by the July 2, 1996 meeting.
Ms. Colwell also discussed a potential issue with the Conservation Commission. The most
appropriate place'for the wetland replication area in located adjacent to the stone wall in between
the proposed project site and the property boundary with Peter Novello. The covenant placed on
the property states that a fifty foot buffer zone must remain from the stone wall towards the
project site. It does not state that the area between the stone wall and Peter Novellos' property
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would remain undisturbed. It was always assumed that this area would not be disturbed as the
majority of the land is a wetland resources area. Because the majority of the area is a wetland
resource area is also the best location for the wetland replication area. Mike Howard,
Conservation Administrator, will review an alternate location off site however the ConCom has
never approved off site replication and it is doubtful that this location will work. Mr. Paul
Kneeland, Bayfield Development, presented a letter from Peter Novello stating that he understood
that the wetland replication area would be adjacent to the stone wall. He does not object to the
location as long as tree clearing is minimized. The Planning Board discussed that they This is a
continuation of the public hearing.
Greg Weich from Channel Builders was present and stated that Peter Novello, an abutter, was
notified of the site walk but did not attend. Ms. Colwell stated that the drainage issues have not
been addressed, but they should be by the July 2, 1996 meeting.
Ms. Colwell also discussed a potential issue with the Conservation-Commission. The most
appropriate place for the wetland replication area in located adjacent to the stone wall in between
the proposed project site and the property boundary with Peter Novello. The covenant placed on
the property states that a fifty foot buffer zone must remain from the stone wall towards the
project site. It does not state that the area between the stone wall and Peter Novellos' property
would remain undisturbed. It was always assumed that this area would not be disturbed as the
majority of the.land is a wetland resources area. Because the majority of the area is a wetland
resource area is also the best location for the wetland replication area. Mike Howard,
Conservation Administrator, will review an alternate location off site however the Con.Com has
never approved off site replication and it is doubtful that this location will work. Mr. Paul
Kneeland, Bayfield Development, presented a letter from Peter Novello stating that he understood
that the wetland replication area would be adjacent to the stone wall. He does not object to the
Iocation as long as tree clearing is minimized. The Planning Board discussed that they would
support the alternate location for the replication, however if the ConCom determines that there is
no other appropriate location other than adjacent to the stone wall the Board would approve that
location.
Staff was directed to draft a decision for the July 2, 1996 meeting.
Continued to July 2, 1996 meeting.
The North Andover Planning Board held a regular meeting on
July 2, 1996. The following members were present : Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles,
Associate Member, Alison Lescarbeau, Clerk, John Simons and
Richard Nardella.
Continuation of the public hearing.
Ms . Colwell stated that the two remaining issues are stormwater
drainage and replication of wetlands . The stormwater drainage
has been adequately addressed by the applicant . Paul Kneeland
stated that he met with Bill Scott and Mike Howard. The only
3
location available for the wetland replication is between the
stone wall-and Mr. Novello' s property. Mr. Howard will recommend
that the replication be completed at a ratio of 1 : 1 instead of
2 : 1 to reduce the area of clearing.
On a motion by Mr. Rowen, seconded by Ms . Lescarbeau, the Board
voted unanimously to close the public hearing.
Ms . Colwell had a draft decision ready for the Board to review.
On a motion by Mr. Nardella, seconded by Mr. Angles, the Board
voted unanimously to approve the draft decision as amended.
Attached are those conditions .
S 'ncerely,
l� KRr
Joseph V. Mahoney, Chairman
North Andover Planning Board
4
150 Flagship Drive
Site Plan Review- Special Permit
The Planning Board herein approves the Special Pennit/Site Plan Review for the construction of a
50,000 sf industrial building with the potential for a 13,000 sf addition located in the Industrial-1
Zoning District, This Special Permit was requested by Channel Building Company, Inc., 242 Neck
Road, Haverhill, MA 01830 for property owned by Business Park Realty Trust, Robert I Palumbo,
Trustee, 242 Neck Road, Haverhill, MA 01830. This application was filed with the Planning Office
on May 13, 1996.
The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and
10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is zoned for industrial use.
2. The use, as developed, will not adversely affect the neighborhood as the site is located in the
industrial park and sufficient buffer zones have been created to shield the use from adjacent
residential properties.
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of
the Zoning Bylaw with review by the Planning Board;
5. The site drainage system is designed in accordance with the Town Bylaw requirements subject
to the conditions of this decision;
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 fisted 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. Prior to the endorsement of the plans by the Planning Board, the applicant shall adhere
to the following:
a) Corrections and additions must be made to the plan as follows:
-Storm drain inverts on the plans and in the report differ at the stub to Lot 75, at
CB#6 and DMH#3.
1
ii) Details of the retaining wall must be provided.
b) A full set of site plans must be submitted to the Town Planner for review within
ninety days of filing the decision with the Town Clerk.
C) A bond in the amount of ten thousand ($10,000) dollars 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.
d) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and infom-iing the.public of anticipated activities on the site.
2. Prior to FORM U verification (Building Permit Issuance):
a) The plans must be endorsed and three (3) copies of the signed plans must be delivered
to the Planning Department.
b) This decision shall be recorded at the Essex North Registry of Deeds and a recorded
copy delivered to the Planning Staff.
3. During construction, the following issues must be addressed:
a) If groundwater breakout should occur within the deep cut slopes along the west and
south sides of the site, suitable subdrains should be designed and installed to address
the issue. Water should not be allowed to seep out of the slope for collection in the
swale since seepage may result in erosion and impact the stability of the slope.
b) Groundwater levels during the construction of the proposed detention basin must be
monitored. Groundwater seepage may effect slope stability and erosion may result.
4. Prior to verification[ of the Certificate of Occupancy:
a) The building must be constructed as presented to the Planning Board and as shown on
the following plans:
i) Plan titled: Elevations 3/32=1'
Project: Town Printing, Inc.
Lot 1 North Andover Business Park
Drawing No.: A3-1
Date: 4/26/96
Prepared by: Channel
ii) Plan titled: Site Plan
Assessors Map 25 -Lot 82
Flagship Drive
North Andover,Massachusetts
Prepared for: Channel Building Company, Inc.
Neck Road
Haverhill,Massachusetts 01830
Prepared by: MHF Design Consultants, inc.
Manor Parkway
Salem, New Hampshire 03079
Scale: 1"=40'
Date: April 26, 1996; rev. 6/24/96
Sheet 4 of 10
Owner of record: Business Park Realty Trust
c/o Paul I Kneeland& Steven R Webster, Trustee
Neck Road
Haverhill, Massachusetts 01830
b) The landscaping must be planted as shown on the plan presented to the Planning Board
as follows:
i) Plan titled: Landscape Plan
Assessors Map 25 -Lot*82
Flagship Drive
North Andover,Massachusetts
Prepared for: Channel Building Company, Inc.
Neck Road
Haverhill,Massachusetts 01830
Prepared by: MHF Design Consultants, inc.
Manor Parkway
Salem,New Hampshire 03079
Scale: 1"=40'
Date: April 26, 1996; rev. 6/24/96
Sheet: 6 of 10
c) All artificial lighting used to illuminate the site shall be approved by the Planning Staff.
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 site shall be reviewed by the
Plarming Stag Any changes to the approved lighting plan as may be reasonably
required by the Planning Staff shall be made at the owner's expense.
d) All buildings shall have commercial fire sprinklers installed in accordance with the
North Andover Fire Department.
e) The site must have received all necessary permits and approvals from the North
Andover Board of Health and the Conservation Commission.
5. Prior to the final release of security:
a) The site shall be reviewed by the Planning Staff. Any screening as may be reasonably
required by the Planning Staff and/or Tree Warden will be added at the applicant's
expense. The wetland replication area will be specifically reviewed.
b) A final as-built plan showing the location of all on- site utilities, structures, curb cuts,
parking spaces and drainage facilities must be submitted to and reviewed by the
Division of Public Works.
6. Note: The 13,000 sf addition must be constructed in accordance with these plans. 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.
7. 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.
8. The contractor shall contact Dig Safe at least 72 hours prior.to commencing any excavation.
9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective
utility companies.
10. All catch basins shall be protected and maintained during construction with hay bales to prevent
siltation into the drain lines.
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. All signs must consistent with the signage currently on site and must comply with the sign
bylaw.
14. All mechanical devices (i.e.: HVAC, vents, etc.) which may be visible from any surrounding
roadways shall be placed on the rear roof line.
15. 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.
16. 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.
17. 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.
18. This Special Permit approval shall be deemed to have lapsed after
(two years from the date perrnit granted) unless substantial use or construction has
commenced. Substantial use or construction will be determined by a majority vote of the
Planning Board.
19. The following information shall be deemed part of the decision:
a) Plan titled: Proposed Site Development
Map 25 -Lot 82
Flagship Drive
North Andover, Massachusetts
Prepared for: Channel Budding"Company, Inc.
Neck Road
Haverhill, Massachusetts 01830
Prepared by: MHF Design Consultants, inc,
Manor Parkway
Salem,New Hampshire 03079
b) Scale: as noted on individual sheets
Date: April 26, 1.996; rev. 6/24/96
Sheets: 1 througli 10 as follows:
Title Sheet
Existing Conditions Plan
Plan of Land
Site Plan
Grading and Utility Plan
Landscape plan
Details
Details
Details
10.Detads
C) Plan titled: Elevations 382=1'Project: Town Printing, Inc.
Lot 1 North Andover Business Park
Drawing No.: A3-1
Date: 4/26/96
Prepared by: Channel
d) Report titled: Drainage Analysis for Proposed Site Development
Assessors Map 25 Lot 82
Flagship Drive
North Andover,Massachusetts
Prepared by: MI-IF Design Consultants,Inc.
Manor Parkway
Salern,New Hampshire 03079
Project# 40996
Prepared for: Channel Building Company, Inc.
Neck Road
Haverhill, Massachusetts
Dated: April 26, 1996; rev. June 24, 1996
e) This decision was drafted in accordance with the provisions of the Restrictive
Covenant between the Trustees of Business Park Realty Trust and the Town of North
Andover recorded in the North Essex Registry of Deeds as Instrument No. 17260.
cc: Director of Public Works
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
150 Flagship Drive-Site Plan Review