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HomeMy WebLinkAboutDecision - 1211 OSGOOD STREET 3/16/2005 This is to certify that twenty(2U)days have elapsed from date of decision filed -` `' - - --,-. V - -_- . without filing of an appeal. - ti Joyce ,Bradshaw Town Cletk _ 1 NOTICE OF DECISION -- Any appeal shall be filed A True C'OPY within(20) days after the -ly—Via. '�flf(e��°' date of filing this Notice J Tow),.01P-Y'1' in the office of the Town Clerk. Date: March 16, 2005 Application filed: December 3,2004 Date of first hearing: January 4, 2005 thru March 15, 2005 Date of Decision: March 15,2005 Petition of Frank&Kathleen Terranova d/b/a 1211 Osgood Street,North Andover, MA 01845 (Please note: see original decision dated January 9,2004 granting the construction of approximate 9210 s.£ of retail facility located in the G-B zoning district.) Premises Affected: 1211 Osgood Street,North Andover, MA 01 845 Referring to the above petition for a MODIFICTION of a Site Plan Review Special Permit Section 8.3 in order to allow for a relocation of AC units and bollards from the side of the building to the rear. After a public hearing given on the above date, the Planning Board voted to APPROVE the Modification of a Site Plan Review Special Permit based upon the following conditions: Signedf- �-cam- Lincoln Daley, Tom Planner Alberto Angles, Chairman George White,Vice Chairman cc: Applicant John Simons Engineer Richard Nardella Abutters James Phinney DPW Building Department Conservation Department Health Department ZBA ` VIA �ias�y4..y MODIFICATION for a Site Plan Review, Special Permit 1211 Osgood Street The Planning Board herein approves the Modification for a Site Plan Review Special Permit for the relocation of AC units and bollards from the side of the building to the rear located in the G-B zoning district. This Special Permit was requested by Frank and Kathleen Terranova, d/b/a 1211 Osgood Street, North Andover, MA 01845. The application was filed with the Planning Board on December 3, 2004. 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 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 and involves the construction of a permitted use within the General Business Zone. The North Andover Zoning By-Law Section 4.131, allows retail establishment and office use within the General Business Zoning District. 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 are adequate. Entrance signs have been added off Osgood Street. An entrance sign has been added at the Barker Street entrance. The labeling for the proposed snow stockpiling area has been appropriately labeled. 8' width parking parallel spaces are labeled. The dumpster area has been modified so as to provide adequate truck access. Four (4) building perimeter lights in the rear of the building are to be directed downward. Trucks can safely navigate the loading zone. Traffic flow change signs have been placed regarding the one way. An additional handicap space has been added to comply with the Section 8.1.14 of the Bylaw. The three (3) handicapped spaces will conform to (MAHB) dimensions and specifications. Wheelchair ramps proposed along the sidewalk on the southeast side of the building are not wheelchair ramps, these ramps will be used for loading and un-loading during deliveries. Access change onto Osgood Street (Rte. 125) has been approved by MHD. The proposed driveway onto Rte. 125 located at the northwesterly end of the site has been approved by MHD. 4. The landscaping approved as 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 2 placed to provide a landscaping buffer between the abutting Barker property, Tax Map . Internal landscaped islands and a 4' vinyl white picket fence have been included along the perimeter of the property along Rte. 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 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. Hours of operation for any establishment within the retail facility shall be 6 a.m. to 10 p.m. 8. Waivers have been granted for the following: a. A waiver from Section 8.1.7 of the Bylaw to allow a minimum width of 17' for the one-way aisle along the northerly portion of site. The minimum aisle width provides sufficient access and egress for emergency vehicles on and around the site. b. A waiver from Section 8.1.7 of the Bylaw allowing four (4) 8'x22' parallel parking spaces along the Northerly portion of the site. The length of the four (4) newly created parking spaces have been increased to allow easier entrance and exiting. c. A waiver from Section 8.1.7 of the Bylaw to allow a minimum width of 16' for the one-way aisle at the rear of the building except where labeled "LOADING ZONE" (approximately 56') where a minimum aisle width of 19' was previously approved 1/15/04. The minimum aisle width provides sufficient access and egress for emergency vehicles on and around the site.d. A waiver from Section 8.1.14 to allow the handicapped parking spaces to be 8'x18'. The three (3) handicapped parking spaces meet the requirements of the CMR 521 of the Architectural Access Board (AAB) by providing additional 8' striped areas adjacent to the 8'x18' handicapped parking spaces. A sign identifying "Handicapped Parking Only" will be placed at each of the handicapped. parking spaces. All handicapped signs will comply with the Bylaw. 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. This approval is based on the fact that a restaurant will not be included in 3 the development. This restriction is required due to the parking spaces provided and the parking limitations of the site. If the development chooses to include a restaurant, a modification to the Site Plan Special Permit must be applied for through the Planning Department. 2. The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 3. The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction 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. 4. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final plans must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. 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 $7,000.00 by Western Surety Company dated $/4/04 was 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 said bond amount posted by the Western Surety Company will be rolled over from the previously approved 2004 Site Plan. c) Deeds and easements relative to the project must be supplied to the Planning Staff. 5. Prior to the start of construction: a) During construction,the site must be kept clean and swept regularly. 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. c) The Town Planner must be contacted and review the site prior to any cutting on site. The applicant shall then supply a copy of a plan, certified 4 by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 6. 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 Plaiuiing 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 must supply a copy of the approved Massachusetts Highway Department permits necessary for access and construction of the site to the Planning Department. 7. 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 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. 5 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. 8. 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. 9. 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. 10.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. No mechanical devices (i.e. HVAC, vents, etc.) which may be visible from any surrounding roadways shall be.placed on the roof. 11. The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 12. 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. 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14. Gas, Telephone, Cable, and Electric utilities shall be installed underground as specified by the respective utility companies. 6 i 15.No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 16.No underground fuel storage shall be installed except as may be allowed by Town Regulations. 17. Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the materials of the signage only. Any signage plans must conform to Section 6, Signage and Outdoor lighting Regulations of the Town of North Andover Zoning Bylaw. In no way is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. 18.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. 19. 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. 20.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. 21.Additional erosion control measures may be required as necessary or as directed by the owner during construction, such as temporary sedimentation basin,*row(s) of hay bales and/or silt fencing shall be implemented to prevent any adverse impacts due to weather prior to completion or stabilization of site work 22. This Modification fora Site Plan Review Special Permit approval shall be deemed to have lapsed after March 15, 2007 (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. 23. The following information shall be deemed part of the decision: Plan Titled: Site Plan/Retail Facility Prepared For: F.K. Realty Trust 1211 Osgood Street,North Andover,MA 01845 Prepared By: Merrimack Engineering Services Stephen E. Stapinski, P.E.#29876 and Robert C. Daley, P.E. #31650 66 Park Street Andover,MA 01810 7 Scale: F9=20' Date: September 3,2003 revised: March 9,2005. decision/modification/1211 Osgood St. 8