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HomeMy WebLinkAboutDecision - 1211 OSGOOD STREET 8/20/1997 Town of Forth AErdover OFFICE OF c?°y�• `� ' .,�o COMMUNITY DEVELOPMENT AND SERVICES 30 SchooI Street WII LIAM J.SCOTT North Andover, Massachusetts 01845 "SSq=HUB��c� Director NOTICE OF DECISION Any appeal shall be filled " C3 within (20) days after the C-31 �an� date of filling this Notice _ 2: in the Office of the Town = Clerk. Date` August 20, 1997 . `? Date of Hearing August 5 & August 19, 1997 Petition of 1211 Osgood Street (McLays Florist) Premises affected 1211 Osgood S reps Referring to the above petition for a special permit from the requirements of the North Andover Zoning By-law Section 8.3 (special permit1 so as to allow a concrete masonry and wood one (1) story 2,500 SF building for commercial use located at the corner of Barker Road & Osgood Street. After a public hearing given on the above date, the Planning Board voted to APPROVE the Special permit - site plan review based upon the following conditions: Si ned �' g �`\,k CC: Director of Public Works Richard S.Rowen, Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney File Interested Parties Planning Board rnNm7PVA170N uFn,7? A99-01An n. A*M.T Tr- oQ..o�-A s. Town of North over oRTH t pe OFFICE OF �,?o �` °c COMMUNITY DEVELOPMENT SERVICES p 30 School Street :< •" �� North Andover.Massachusetts 01845 �,q go9�...''` WILLIAM J.SCOTT SSACHUSE Director August 20 , 1997 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Site Plan Review/1211 Osgood Street (McLay's Florist) Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, August 5, 1997 at 7:30 p.m. in the Department of Public Works Conference Room, upon the application of McLay's Florist 757 Turnpike Street, North Andover, MA 01845 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 July 16 & July 23, 1997 and all parties of interest were duly notified. The following members were present: Richard S. Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Alberto Angles, Associate Member and Joseph V. Mahoney. William J. Scott, Director of Community Development was also present. The petitioner was requesting a special permit to allow a concrete masonry and wood one (1) story 2,500 SF building for commercial use located at the corner of Barker Road and Osgood Street. The location of the project is 1211 Osgood Street and is in the Business - 1 (B-1) Zoning District. Mr. Simons read the legal notice to open the public hearing. Patrick O'Leary is present representing the applicant, Frank Terranova of McLay's Florist. The proposed project is for a retail flower shop (McLay's) to relocate at the intersection of Barker Street and Osgood Street (Route 125) where there once was a retail pool establishment. This is an existing site with no changes to the size of the structure, existing utilities will be used. The road is a paved surface, hard packed for parking. Mr. O'Leary stated that 14,000 to 20,000 cars a day pass by on Osgood Street (a state road). With 100 cars a day estimated to visit the flower shop, the traffic increase would be negligible. The Planning Office is in receipt of a letter from Chief Stanley indicating his acceptance of the plan. As catch basins are already present, the applicant feels there is no need for a drainage plan, in fact, the applicant feels they will actually be improving the drainage. Mr. Mahoney asked where is the access coming from and was told Osgood Street. Mr. O'Leary expects a curb cut transfer to be made with the sale of the property. Mr. Simons asked what is the likelihood of a curb cut transfer being granted and Mr. O'Leary replied it should be granted by CONSERVATION 688-9530 T"MALTH 688-9540 PLANNING 688-9535 the state, but if not, a new one will be asked for which should take 90 days to receive. Mr. Scott asked it is an historical access to the property, correct and Mr. O'Leary replied yes, people have been using it for years. Mr. O'Leary stated the plans for the rear of the property call for clearing and upgrading it. That area could potentially be used for delivery of floral supplies. Mr. Rowen asked if there was a fence in the back and was told yes. Most of the fence will be removed except for what is on the state property. The entire site calls for a 6' chain link fence to be installed. The fencing is necessary because an area may be used for flower display and the applicant is concerned about theft. Mr. Rowen asked if there are any plans to move from the proposed scale to something larger and Mr. Terranova replied we plan no greenhouses for now. Dan Forgetta, an abutter on Osgood Street, is concerned about the concentration of similar businesses in the area: presently there is Forgetta's, and Barker's with Holland's and now McLay's coming! He feels that is too much in one area! Mr. Forgetta presented an ad from the Eagle-Tribune depicting the new McLay's and he is concerned they might expand. Mr. Forgetta also concerned about how an existing non-conforming property can meet frontage setbacks, and was told that with the acquisition of State property that is taken care of Mr. Rowen stated the applicant is not obligated to correct the problem. State zoning extends to the highway so it would include the area.'Frank Alteri, a Barker Street resident for 11 years, feels that, esthetically speaking, McLay's would be an improvement to the property. Hammond Barner,French Farm Road, concerned about traffic and a school bus stop nearby. Mr. O'Leary stated that at peak hours during peak season, only 10 cars an hour are expected, only 7 cars an hour off peak. As for the bus stop, it is one high school bus stop. Mr. O'Leary stated that only one entrance and exit together on Barker Street is proposed. It was suggested that the Board members take a site walk on their own before the next public hearing. Mr. Rowen asked the applicant if at all possible could you get away from the chain link fence in the front? Jack McLay stated that a chain link fence is necessary due to possible theft. Ms. Lescarbeau pointed out that the plan calls for every other fence post to have plantings of crawling bushes or vines. The Planning Board collectively stated they are not happy with the proposed display of flowers and chain link fence in the parking lot. They feel the applicant is creating an eyesore! Mr. Rowen would like to see a better sketch of the entrance. Mr. Simons asked about a sign and was told a temporary one would be in place for the first 60 days, after that Mr. Terranova will come in with a final proposal for a sign. On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Planning Board voted unanimously to continue the public hearing until August 19, 1997. The North Andover Planning Board held a regular meeting on August 19, 1997. The following members were present: Richard Rowen, Chairman, John Simons, Clerk, Alberto Angles, Associate Member, Richard Nardella and Joseph V. Mahoney . William J. Scott, Director of Community Development was also present. Mr. Mahoney stated that he has looked at other florists and thought that the chain link fence around the property looked all right. Frank Terranova stated that he has decided to put a picket fence around the front of the property and chain link around the rest of the property. Mr. Scott stated that he would prefer to see a swing gate rather than a slide gate. Mr. Nardella asked what the purpose of having the exit & entrances off of Rt. 125. Mr. Terranova stated that it was for the convenience for the customers. Mr. Nardella asked why couldn't they enter& exit from Barker Street. Mr. McLay stated that they were trying to keep the traffic away from the homes. Mr. Rowen asked if they were planning to repave the parking lot. Mr. McLay stated that they are. Mr. Rowen asked if they are planning to landscape around the fence. Mr. McLay stated that they are. Mr. Scott stated that they do not have any plans for a sign but, for now they can put up a banner and in 90 days they can come back before the Board and submit plans for a sign approval. Steven Cyr, of Salem Street, sated that it would be nice to see the building with out boards on the windows. Mr. Scott went over the draft decision with the Board. Mr. Terranova asked if they are planning to put central air in the building. Mr. Terranova stated that there is currently a central air conditioning unit in the back of the building. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to close the Public Hearing. On a motion by Mr._Mahoney, seconded by Mr. Simons, the Board voted unanimously to approve the draft decision. Attached are the conditions. Sincerely, Ii-11C (eC) Richard S. Rowen, Chairman North Andover Planning Board 1211 Osgood Street McLay's Florist Site Plan Review The Planning Board herein approves the Special Permit/Site Plan Review for the renovation of the site and building located at 1211 Osgood Street in the General Business GB Zone. McLay's Florist, 757 Turnpike Road, North Andover, MA 01845 requested this Special Permit. This application was filed with the Planning Board on July 17, 1997. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10..3: FINDINGS OF FACT: 1. The-specific site is an appropriate location for the project as it is located in the General Business Zone along a major roadway, surrounded by Agricultural, Commercial and Residential Uses; 2. The use as developed will not adversely affect the neighborhood as the proposed use is less of an impact than those which are allowed in the district.; 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 of the North Andover 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: i 1. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The following information must be provided to the consultant and to the Planning Department for review and approval and the appropriate changes made to the plans: i) Confirmation of the property acquisition of the Massachusetts Highway Department by the applicant. b) Corrections and additions must be made to the plan as follows: i) A picket fence will be constructed from the easterly potion of the building to the southerly portion of the site and then back to the entrance drive from route 125. The fence shall be of a construction substantially similar to the attached detail. ii) The free standing sign shown on the plan is not considered part of the approval by the Planning Board. The applicant will be allowed a 90 day time period which they shall have the ability to erect a temporary sign on the building. The temporary sign shall not exceed the area requirements of the Zoning By-law. Such sign shall be removed at the end of 90 days. The approval of the freestanding sign shall require an amendment to the site plan. C A bond in the amount of $2,000 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 informing the public of anticipated activities on and off the site. 6 There will be no banners of any types placed across the fences. There will be total screening around the dumpster with a stockade fence. 7ating.chain link fence will be of a coated type with either black or dark green The fence shall run from the westerly potion of the building in a terly direction to route 125 then running along 125 to the north westerly property bound then running easterly to the north easterly property bound then running back to the buildings easterly side. 2. Prior to the start of any work on site, a) The Planning Board must endorse the final site plan mylars. Three (3) copies of the endorsed plans must be delivered to the Planning Department. b) This decision must be recorded at the Essex North Registry of Deeds and a certified copy of the decision delivered to the Planning Department. c The applicant shall determine the preexisting conditions of the noise levels emanating from the site area, at the property line at a height of 6 feet, to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of surrounding noise and a baseline condition from which the applicant can determine their increases. The noise levels shall not increase the broadband level by more then 10 dB(A) above the ambient levels or produce a "pure tone" condition at the property _ line as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. 3. The applicant's contractor shall insure that the construction of the facility will not cause undue nuisance to adjacent businesses. Methods such as the following must be employed: a) Construction shall not begin prior to 7:00 am and'shall cease at 6:00 PM for exterior work , and may continue to 11:00 PM for interior work. b) Construction shall be limited to weekdays, Monday through Friday during the above hours. Construction may occur on Saturday during the hours of 7 am to 5 p.m. to facilitate a shorter construction period. c) Dust mitigation methods such as site watering to insure that dust does not leave the site during construction shall be implemented. 4. Xa) Acopy RIM U verification (Building Permit Issuance): of the Highway Access Permit from the Massachusetts Highway artment must be submitted to the Planning Department. If the permit is V no necessary then a letter confirming such from the applicant will be required. 5. Prior to verification of the Certificate of Occupancy: a) All improvements outlined in the plans referenced below must be completed as certified by the applicant. b) The applicant must submit a letter stating that the building, signs, � landscaping, fighting and site layout substantially comply with the plans JP_C\ referenced at the end of this decision as endorsed by the Planning Board. C) fanning Department shall approve all artificial lighting used to uminate 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 Department 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. The building must have commercial fire sprinklers installed in accordance with a design approved by the North Andover Fire Department. 6. Prior to a final release of security: a) The Planning Staff shall review the site. Any site screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. b) A final as-built plan showing the location of all on- site utilities, structures, curb cuts, par Icing spaces and drainage facilities must be submitted to and reviewed and accepted by the Planning Staff and the Division of Public Works. 7. All truck deliveries must be made to the site via Route 125. 8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff prior to the stockpiling. 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. 9. 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. 10. The hours for trucks entering the site for shipping, receiving and waste hauling shall be limited to between the hours of 6 am and 10 p.m. Monday through Sunday. Snow plowing may occur during operating hours and at least two (2) hours prior to the opening of the facility and four hours after the closing. Snow must be removed from the site to avoid the use of parking spaces as snow stacking areas. 11. 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. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 15. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 16. 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. 17. 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. 18. 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. 19. This Special Permit approval shall be deemed to have lapsed two years , which is Pq , from the date the permit is granted unless substantial use or co truct on has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 20. With the exception of the above the applicant or tenant shall not place banners or other like signs on any structure or erect structures to hold such advertising devices. 21. The following information shall be deemed part of the decision: 22. Plan entitled: Proposed Retail Florist 1211 Osgood Street (Mass. Route 125) North Andover, Massachusetts Prepared for: Frank Terranova 757 Turnpike Street North Andover, Massachusetts Prepared by: Vannesse Hangen Brustlin, Inc. PT K� is" t•� I s I I t II � f WOOD PICKET FENCE SITE DEVELOPMENT PERMIT PLAN PLAN OF LAND IN NORTH ANDOVER , MASSACHUSETTS STOP AND SHOP 40 RETAIL FACILITY FOR OWNER & DEVELOPER NORTHPOINT REALTY DEVELOPMENT CORP. 231 SUTTON STREET - SUITE IA NORTH AN-D-O VEIL MASS-ACHUSE-TTS 01845 (lnTf C-F-p ;IA.RY. 1 1QQ7 r., v REV~ APRIL 9, 1997