HomeMy WebLinkAboutDecision - 94 FLAGSHIP DRIVE 8/17/1995 PbA�� IN� 80A8� JOYCE`E`R'x�L 'AW
An appeal shall be fileq W N O F NORTH A N D O ti' E NaR NORTH Y pp MASSACHL; SETTS
within (20) days after the �iGj 1�� 5
date of filing of this Notice of "°a':1tio
in the Office of the Town �0 mama op
Clerk.
SS'�C HUSE
NOTICE OF DECISION
Auust 17, 1995
Date . . . .g. . . . . . . . . . . . . . . . . . . . . . . . .
Date of Hearing JP1y. 18,. 1995. . . .
August 1, 15, 1995
PetitionOf ,Development.Associates , , . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected „ 94,Flagship Drive, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Referring to the above petition for a special permit from the requirements
of the North Andover .Zoning BXlaw .- .Section ,8.3, SitA Plan, Aevlew, so, a,s, to. . . . .
§6xK§xm R � allow,for.the,expansion of the parking area ,tcj ,4.36 ,addi,tianal. .
. . . . . . . . . . . . . . . . .
spaces .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
t0 APPROVE . . . . . . . . .the .SPECIAL ,PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions :
CC: Director of Public Works
Building Inspector /A
Natural Resource/Land Use Planner C��' � /��✓dx� /�
Health Sanitarian Signed �c
Assessors
Police Chief Joseph V, Mahone. Chairman, , , , ,
Fire Chief
Applicant Richard Rowena. Vice. Chairman
Engineer
File Alison. Lescarbeau. Clerk, , ,
. . . . . . . . . . . . . . .
Interested Parties
Richard Nardella
. _
John Simons
Town of North Andover F NORTH
OFFICE OF 3�0 ct ti0
COMMUNITY DEVELOPMENT AND SERVICES ° .` p
146 Main Street
KENNETH R.MAHONY North Andover, Massachusetts 01845
�9SSAC[HUSS��y
Director (508) 688-9533
August 17, 1995
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Special Permit - Site Plan Review - 94 Flagship Drive -
Chemlawn
Dear Ms. Bradshaw:
The North Andover Planning Board held a public hearing on July
18, 1995 in the Senior Center behind the Town Building, upon the
application of Development Associates, 630 Silver Street, Unit 3C,
P.O. Box 528, Agawam, MA 01001 requesting 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 June 28 and July 5, 1995 and all parties of interest
were duly notified. The following members were present: Joseph
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles,
Associate Member, Richard Nardella, Alison Lescarbeau and John
Simons. Kenneth Mahony, Director of CDS was also present.
The petitioner was requesting a special permit to allow for
the expansion of the parking area to 43 additional spaces at 94
Flagship Drive.
Ms. Lescarbeau read the legal notice to open the public hearing.
Stormwater drainage was sent out for review, waiting for response.
Lighting will be the same as what is currently on the building--it
is shielded and will not shine off site. The dumpster will need to
be enclosed. Landscaping will be added as necessary. The site is
currently surrounded by vegetation, after the additional paving is
added some additional screening may be necessary which can be taken
care of by staff. Some wetlands are proposed to be filled.
Conservation Commission will review the project Wednesday night.
Ms. Colwell recommends continuing the public hearing to allow
ConCom to review the project and to allow stormwater review to be
completed.
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BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
Fee Issue: Our fee structure for site plan review is based on the
square footage of the building. No building is involved in this
site. Although the applicant paid the fee, I suggest that the
Board agree to set the fee based on the square footage of the
additional parking area and refund whatever amount is necessary.
Mr. Simons stated that he is concerned about the Marion Drive
neighbors.
Mr. Mahoney concerned about piles of "stuff" at the back of the
parking lot and what will happen to it?
Charles Caron, engineer, stated that Chemlawn cleared the area out
for snow storage initially, the piles will be removed.
Ms. Lescarbeau asked where will the snow go in the winter?
Mr. Caron stated that some of the parking will be eliminated in the
winter to allow room for the snow.
Ms. Lescarbeau: are all of these parking spaces required?
Mr. Charles: this is a real number of spaces due to the number of
telemarketing agents in the spring. There are fewer employees in
the winter.
Ms. Lescarbeau: why not expand in the front?
Mr. Charles: issues with keeping required parking space size and
driveway distance, aesthetic concern about parking in the front.
Mr. Rowen wants to keep as many trees as possible on the site.
Mr. Charles: the parking area will be curbed with drainage away
from the wetland into natural grass swale.
On a motion by Ms. Lescarbeau, seconded by Mr. Rowen, the Board
voted to continue the discussion until August 1, 1995.
The applicant is to address all drainage issues with outside
consultant, review alternate parking plan, and respond to
Conservation Commission concerns regarding the wetlands.
The Planning Board held a regular meeting on August 1, 1995. The
following members were present: Joseph Mahoney, Chairman, Richard
Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles,
Associate Member, and Richard Nardella.
Charles Caron, engineer, David Ross Associates was present.
Steve Gerdnic, branch manager for Chemlawn was also present.
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They submitted a new plan showing that some of the parking has been
moved to the front of the building. The edge of the pavement is
moved away from the wetland, and there is no wetland filling. The
applicant provided the consultant with additional information.
John Chessia, Coler and Colantonio, faxed information to Joe
Mahoney.
Mr. Caron stated he is presenting the final plan at the
Conservation Commission meeting on August 2 , 1995.
Mr. Rowen asked in all cases do you have a minimum of 25 feet of
access for emergencies?
Mr. Caron replied "yes" .
Public hearing continued until August 15, 1995 meeting.
The North Andover Planning Board held a regular meeting on August
15, 1995. The following members were present: Jospeh Mahoney,
Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk,
Richard Nardella, John Simons and Alberto Angles.
Chuck Caron was present.
Ms. Colwell stated that a revised plan was shown at the last
meeting.
The dumpster has been enclosed and there will be no additional
lighting.
ConCom closed the public hearing and will approve the project.
Mr. Simons asked if the Board will be bonding the project?
Ms. Colwell: yes.
On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted
unanimously to close the public hearing.
Bond to be set at $3 , 000 to cover tree planting and as built plan.
On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted
unanimously to approve the Special Permit. Attached are the
conditions.
Sincerely,
North Andover Planning Board
Uoseph V. Mahoney, 6hairman
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94 Flagship Drive (Chemlawn)
Site Plan Review - Special Permit
The Planning Board herein approves the Special Permit/Site Plan
Review for the construction of additional parking spaces at 94
Flagship Drive. This Special Permit was requested by Development
Associates, 630 Silver Street, Unit 3C, P.O. Box 528, Agawam, MA
01001 on June 27 , 1995.
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 Industrial-1;
2 . The use, as developed, will not adversely affect the
neighborhood as there is a parking lot existing on the site
currently;
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;
5. The site drainage system is designed in accordance with the
Town Bylaw requirements;
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 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. Prior to any construction:
A bond in the amount of three thousand ($3,000) dollars
shall be posted for the purpose of insuring that a final
06 as-built plan showing the location of all on-site
\1 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 and that additional
trees are planted as necessary. 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.
b. A construction schedule shall be submitted to the
Planning Staff for the purpose of tracking the
construction and informing the public of anticipated
activities on the site.
IV c. This decision shall be recorded at the Essex North
Registry of Deeds and a recorded copy delivered to the
Planning Staff.
2 . After the site has been cleared, the Planning Staff will
review the site and determine whether additional screening
will be necessary. Additional screening is anticipated along
the northern boundary with Lot H and possibly along the
southern boundary where the site abuts residential property.
The existing fence along the southwestern boundary must be
relocated as shown on the plan.
3 . 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
Planning Staff. Any changes to the approved lighting plan as
may be reasonably required by the Planning Staff shall be made
at the owner' s expense.
4 . Prior to the final release of security:
a. 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 Planning Department and the Division of Public Works.
b. The dumpster must be relocated as shown on the plan must
be enclosed entirely by a wooden stockade fence of a
height two (2) feet higher than the dumpster.
5. Any plants, trees or shrubs that have been planted in
accordance with this approval that die within one year from
the date of planting shall be replaced by the owner.
6. The contractor shall contact Dig Safe at least 72 hours prior
to commencing any excavation.
7 . Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
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8. All catch basins shall be protected and maintained during
construction with hay bales to prevent siltation into the
drain lines.
9. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
10. No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
11. All mechanical devices (ie: HVAC, vents, etc. . . ) which may be
visible from any surrounding roadways shall be placed on the
rear roof line.
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
after 4U&.,,g11 7 (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.
The following information shall be deemed part of the decision:
a. Plan titled: Site Plan of Land in No. Andover, Mass
Prepared for: Development Assoc.
Scale: 1" = 20 '
Dated: June, 1995; rev. July 21, 1995
Prepared by: David E. Ross Associates, Inc.
P.O. Box 361-17 W. Main St
Ayer, MA 01432
b. Drainage Calculations
Development Associates
Flagship Drive
North Andover, Massachusetts
cc: Applicant
Assessors
Building Inspector
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Conservation Administrator
Director of Public Works
Engineer
File
Fire Chief
Health Administrator
Planning Board
Police Chief
94flagship.sp
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