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HomeMy WebLinkAboutDecision - 1211 OSGOOD STREET 1/9/2004 / Town of North Andover °� tORTH.,ti .�` ° j Office of the Planning Departfi>Et�;- � `�S'f, Community Development and Serviced T'� This is to certify that twenty(20)days 27 Charles Street '` V i`; +.; &'—• R�T.D•I P` have elapsed from date of dedsion;filed North Andover, Massachusetts 01 5 'JSA US�� without filing of a�.�a peal• 1 1U�I; JAI`' -9 P Date% Ye�pione(978)688-9535 Joyoe A. h Fax(978)688-9542 Town Cis Notice Of Decision ATTEST,, a ;' Any appeal shall be filed A True Copy o }, Within (20) days after the wnFc Clerk . , Date of filing this Notice In the Officg of the Town m Clerk cn o r}7 C:3 z-x Date: January 9, 2004 CD m Date of Hearing: October 21, 03, i. November 6,2003,December 16x03 — &December 20, 2003 D Petition of: Frank&Kathleen Terranova m M C) Cr cn Premises Affected: 1211 Osgood Street Referring to the above petition for a Site Plan Review Special Permit. The application was determined to be complete and was noticed and reviewed in accordance with the Sections o 8.3, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec.9 -F= 0 So as to allow: the construction of an approximate 9210 Square Foot Retail Facility located in the General Business Zoning District -� After a public hearing given on the above date, the Planning Board voted to APPROVE, the Site Plan Review Special Permit, based upon the foll ow' g'conditions: Signed: Heidi Griffin,Acting 1*04anner on behalf of: Alberto Angles, Chairman Cc: Applicant George White, Vice Chairman Engineer Felipe Schwarz, Clerk Abutters John Simons DP_W Richard Nardella Building Department James Phinney, Associate Member Conservation Department Health Department MA BOARD OF APPEALS 68.8-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 fiJ','1ri CI.E K Site Plan Review-Special Permit A I i 0 0`l E 1211 Osgood Street—Osgood Crossing,Proposed Retail Facility 1004 JAN -9 A % i The Planning Board,herein approves the Special Permit/Site Plan Review for the construction of an approximate 9210 square foot retail facility located in the. General Business Zoning District. This Special Permit was requested by Frank and Kathleen Terranova, North Andover, MA 01845. This application was filed with the Planning Board on September 12, 2003. 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 NIGL c.40A,sec. 9 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: 1 FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of a permitted use within the General Business zone. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. Extensive landscaping has been provided around the perimeter of the property. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that the curb radii for the entrance/egress driveways is adequate. There will be access to the site via both Route 125 as well as Barker Street. The exit onto Route 125 is right-turn only. There are two access and egress drives to the site from Barker Site. Finally, there is also a 25'wide travel lane maintained throughout the site. 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. Landscaping has been provided throughout the property, with particular emphasis placed to provide a landscaping buffer between the adjacent Barker property. There is also internal landscaped islands, as well as a.4'vinyl white picket fence along to the perimeter of the property on Route 125. 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,VHB; 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. The project will be on town water and sewer. 1 Department permits necessary for access and construction of the site to the Planning Department, If approvals from MA Highway result in a modified access and egress to the site, the applicant must return to the planning board to obtain approval with revised site plans reflecting such. e) The Hours of Operation any establishment within the retail facility shall be 6 a.m. to 10 P.M. 4. 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, 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 tghting 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. d) The applicant must obtain a sign permit in accordance with and as required by Section 6 of the Town of North Andover Zoning Bylaw, 3 5. 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. 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 stock piles to remain for longer than one week must be fenced off and covered. a. 7. 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. 8. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m.on Saturday. 9. 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. 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 12. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 13. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 14. 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. 15. 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. 4 Plan Titled: Proposed Floor Plan and Proposed Elevations Prepared For: 1211 Osgood Street, North Andover, MA Prepared By: GSD Associates 148 Main Street, Building A North Andover, MA 01845 Date: September 3,2003, revised December 3, 2003 Sheets A1.1,A2.1 Report Titled: Osgood Crossing,Special Special Permit Application Retail Facility Drainage Summary Dated: September 12, 2003 Prepared By: Merrimack Engineering Services 66 Park Street Andover MA 01810 cc: Applicant Engineer File 6