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HomeMy WebLinkAboutDecision - 1551 OSGOOD STREET 8/8/2005 p►ORTN ``��"° �•�" Town of North Andover � •-S•` OOL _• Office of the Plannin g Department i P -� ' Community Development and Services Divisio ACH' �� 400 Osgood Street North Andover,Massachusetts 01845 ;,, hUp•//www.townofnorffimdover.com Lincoln Daley Town Planner This is to certify that twenty(20)days P(978)688-9535 have elapsed from date of decision,filed F(978)688-9542 without filing a appeal. ©tea Date ATTEST, Joyce A.B dshaw A True Copy Town Clerk �O � NOTICE OF DECISION Town Cleric Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk. Date: August 8,2005 Date of Hearings: March 1 —August 2,2005 Petition of Microwave Engineering Corp. Premises Affected: 1551 Osgood Street,North Andover, MA = 7 -'' Map 34, Parcel 42 U1 c:'l CID Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & `3 Section 8.3, 10.3, of the North Andover Zoning Bylaw for a Site Plan Review Special Permit so as to allow for the construction of an additional 9,075 s.£ warehouse to existing manufacturing facility located within the I-1 Zoning District. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Review Special.Permit, upon a motion made by John Simons, 2nd by Alberto Angles as amended, vote was unanimous 4-0. ' co Signe Lincoln Daley, Towalfilanner cc: Applicant Engineer Richard Nardella, Chairman Abutters John Simons, Vice Chair Town Departments James Phinney, Clerk Alberto Angles Attachment BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1551 Osgood Street,Map 34 Lot 42 Site Plan Review-Special Permit Conditional Approval The Planning Board herein approves the Special Permit Site Plan Review for the construction of a 9,075 square foot warehouse expansion and construction of 103 parking spaces located in the Industrial 1 (I1) Zoning District. The purpose of the proposed construction is allow more warehouse area to store raw materials and finished products related to the existing business. This Special Permit was requested by Microwave Engineering located at 1551 Osgood Street, North Andover, MA 01845. This application was filed with the Planning Board on March 1, 2005. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 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 103: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Industrial 1 Zone and involves the expansion the existing warehouse structure that is an appropriate use. 2. The use as developed will not adversely affect the neighborhood, as the project is an expansion of the existing use and is surrounded by industrial land uses. In addition, the project will be located on the existing parking area in the rear portion of the parcel and will not require additional screening or buffering. The existing parcel contains a natural vegetated buffer at the rear of the property. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 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. 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, Vanasse, Hangen Brustlin, Inc; 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 facility will be on town water and sewer. 8. The Zoning Board of Appeals granted a Special Permit on April 15, 2005 from Section 9.2 of the Zoning Bylaw in order to allow a pre-existing, non-conforming structure to be extended by a per Plan of Land depicting the proposed Warehouse Addition. 9. The Zoning Board of Appeals granted a dimensional Variance on May 23, 2005 from Section 7.3 and Table 2 of the Zoning Bylaw for relief of 18.17 feet from the south side setback of the exiting building per Plan of Land depicting the proposed Warehouse Addition. Page 2 of 7 1551 Osgood Street,Map 34 Lot 42 Site Plan Review-Special Permit Conditional Approval 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: Permit Definitions: i) The"Locus"refers to the 3.21-acre parcel of land with land fronting on Osgood Street as shown on Assessors Map 34, lot 42, and also known as 1551 Osgood Street, North Andover,Massachusetts. ii) The"Plans" refer to the plans prepared by Merrimack Engineering Services dated June 28, 2005, entitled"Site Development Plan Proposed Warehouse and Parking Lot Expansion at Microwave Engineering Located At 1551 Osgood Street,North "Andover, Massachusetts" consisting of sheets through 5. iii) The"Project" or"1551 Osgood Street" refers to the development of 9,075 square feet of warehouse space and 103 parking spaces. iv The"Applicant' refers to Microwave Engineering, the applicant for the Special Permit. v) The"Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 1. 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. 2. 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. 3. PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: r=te K > _ c Page 3 of 7 7.. r 1551 Osgood Street,Map 34 Lot 42 Site Plan Review-Special Permit Conditional Approval A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. 4. PRIOR TO THE START OF CONSTRUCTION A) 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. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off- site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, they construction employees and the Planning Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer must secure any necessary special permits required under the Zoning Bylaw for the continued pre-existing non-conforming status of the original structures from the Zoning Board of Appeals. The developer shall inform the Planning Department/Planning Board of the final decision of the Zoning Enforcement Officer/ZBA, and provide revised plans as needed. G) The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. In accordance. with General Condition 7(k) below, should the Town Planner find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning Board, the developer is required to present the changes through a public hearing to the Planning Board for a modification to site plan approval. H) A bond in the amount of$5,000 shall be posted for the purpose of insuring that a final as- built plan showing the location of all on-site structures. 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. Page 4 of 7 1551 Osgood Street,Map 34 Lot 42 Site Plan Review-Special Permit Conditional Approval 5. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning 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. 6. DURING CONSTRUCTION A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) 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 stockpiles to remain for longer than one week must be fenced off and covered. C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 7. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The building must have any and all fire sprinklers installed in accordance with the Massachusetts General Laws Chapter 148 Section 26. B) 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. Alternatively, the applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior'to anticipated occupancy. C) 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 Page 5 of 7 1551 Osgood Street,Map 34 Lot 42 Site Plan Review-Special Permit Conditional Approval 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. D) 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 ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner'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 the Planning Department. 9. GENERAL CONDITIONS A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. C) Should the Project Owner transfer the project, the buyer shall meet with the Planning Board to update the Board on the status of the project. D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. E) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. F) 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. G) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. Page 6 of 7 1551 Osgood Street,Map 34 Lot 42 Site Plan Review-Special Permit Conditional Approval I) No underground fuel storage shall be installed except as may be allowed by Town Regulations. I) 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. J) 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 as provided in General Condition 7(k)below. K) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. L) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit, exclusive of the time required to pursue or await determination of any appeals_, unless substantial use or construction has commenced within said two year period or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. Moreover, any delay arising from the need to obtain a Special Permit from the Zoning Board of Appeals regarding the pre-existing non-conforming status of the original structures, or any other permits and the time required to pursue or await determination of any appeals shall constitute good cause. M) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: Plan tided: "Site Development Plan Proposed Warehouse and Parking Lot Expansion at Microwave Engineering Located At 1551 Osgood Street, North Andover, Massachusetts Dated: May 10,2005,Rev. June 28,2005 Applicant: Microwave Engineering Prepared By: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Sheets: 1 -5 Scale: 1"=40' Report titled: cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Page 7 of 7