HomeMy WebLinkAboutDecision - 1503 OSGOOD STREET 6/21/2006 5 T
: BK 10291 PG 3
To" of forth Andover
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Office of the Planning Depdrhne VUFFICE
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Community Development and S c W1, AMID.- 49
Os tAnding
1600 Osgood Street
>[.l"Win Daley uilding#20,Suite 2,36 TO Wili OF
Tows Rlulnr� North Andover,Massachusetts "AS NrjQVrj��
P(971)6M"35 if
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withat(20)Up be tee
date of filing ft Notice
in the oflcx of tl*Town Clerk.
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ftMI ea AlS eW: 1503 Q,pod Street,North Andower,MA OINS
Map 34,?time]7 cm
Raftning to the above petition with provision ofm G L.Cbapbar 4oA,Section 9, 11,A '
SWdon 8.3, 10.31,of the North Andovr ZOWV Bykw for a Site Pkm BeOw Rpa�bri °
Pem t so aR to dlow for the consirucdan of 30791 a.£of convenience stOi+ddl %domit Cr
shop hh M a dItVO4&0U8b UlitY,a 5 PUMP P80006 station,30 pttrldng
a0aci4ted grading and extensive 111nds080%work 1009W wdb n the 11.2 Z
Di1�ct.
At a public hoWng SWo on the above 481%the Plat*Bond voted to APP'HOV'P a
Site PIu1 RMM SPO1 POWK upon a Motion meta by John Simons,a by Alberto
An&with langi w as ceded,vote was uaWmow 4-0.
signed:_
Lincoln Deli*, ToWiTlamw
cc: Applicant RiChUd NUdd% ChWaM
1SD&= John Simons,Vice Chin=
Abuttara Alberto Anees
Town D*WWWU Jtck Ono ATTEST;
A True gCWy
BOARD OF APPEALS 688-4341 M)ILDlNG 688.y545 CONSSRVAIYON 6it8-V530 HEALTH 69$-44 o PLANN E 9737" �"
Pap 4
'tow ii Clerk
1503 OqpW Str"t,LW BK 1 0291 PG 31
lf"09ROM Street,Map 34.Lot 7
Site Plan Special Pew
The Planning Board herein approves the Site plan Permit far the eonatructian of 3,791
square feet of convenience. stor+e/deli, donut shop with a drive•through fe►ciiity, a 5-pump
gsaoMP, station, 30 paddng spaces, associated grading and extensive
convenience stone and gasoline station are la�cated in the landscaping B2) Zoning work, The
Access and egmss from the site will be from qs Business 2 ($2) Zoning District
by 1503 Usgood S Street. This Spedal Permit was requested
ttet,L.LC, 2 Bridgeview Circle
was filed with the Planning Board on �z�The aapppli rot submitted a pcomplete
application,which was noticed and reviewed n aaecn
rdance with Suction 8.3, 10.3, and 10. 1 of
the Town of North Andover Zoning Bylaw and MOL C.40A, Sec.9
7he Bylaw Planning Board makes the following findings as required by the North Andover
Bylaws Section 8.3 end 111.3: ZOning
FINDINGS OF FACT:
1) The specific site is an altlttoPrlate location for the Project as it is laud in the Business 2
Zoning District and involves the consh'uction of a conveniences story, deli, donut shop with
drive`-through facility, and gasoline station. Further fife
that will promote ecorintxtf►c Proj4d provides goody mw smvices
growth and diversity along a Major corridor identified in the
Town Master Plan and Community Development Plan.
2) Thera will be no nuisance or serious hazard to vehicles or
demonstrated that (1) tits prnp and is pedestrians, The applicant has
signiScantl 8ron !out from Osgood Street will not
Y incise traffic flow or volumes and (2) the parking design provides for
aderluate traffic flow,safety,and sufficient pedestrM<wn neations throughout the project;
3) The landscaping approved as part of this p� meets the
amended by the Planning�,of the North Andover Zoning Bbylaw.cots of Section $.4 as
4) The site drainage "M an$ storm water management design am d
with the Town Bylaw 'quirenncots and has been reviewed by Chet Outside conoulting
engineal Vanessa,Haugeu.BftgWin,Inc.
5) The applicant has met the r quiremonts of the Town for Site Plan Review as stated is Scm
8.3 of the Zoning Bylaw; ecti
b) Adequate and appropriate Mies will be provided for the
use, The project will be end to Town water utilities on operation of the equ a ly
address the needs of the and utilities on the proPrrh'to adequately
the outside needsti Project and has been reviewers by the Divisions of Public Works and
' ' '•Vanasso,Hangpt eruatlin,Inc. Sewer for the pro
Private, but has been designed to ject will be
ery to the Tows sewer when the sewer network is
extended this area. At such time the war network is extended to this property,the
will contract to the Town$ew$r network. The Division of Public VV pro ect
and the outside consulting engineer., V orks, Beath befit,
Private sewer design and deemed it adoqua Hatrgen sru$tliA, Inc, have reviewed the
Page 2 of 9
1503 LLC
1W Osgood Street,Map 34,Lot 7 BK 1 0291 PG 32
Site flan$peew Permit
Finally the Planning Board finds that this project generally c ornplies with the Town of North
Andover Zoning Bylaw requireman as listed in Soction 8,3,but requires conditions in order to
be fully in compliance. The Planning Board hereby gmts an approval to the applicant provided
the following conditions are met:
SPECIAL CONDMONS:
P+annit Mrritions•
i) The"Focus"refine to the 264,609 Lf paml of lard,with land fronting on Osgood
Suva and Orchard,Hill Road as shown on Assessors Map 34,Lot 7,and also known
as 1503 Osgood Street,North Andover,Massachusetts.
ii) The "Plans"refer to the plans prepared by MHF Design Consultants dated April 10,
2006, revised June 9, 2006 entitled "Site Development Plans Map 34, Lot 7, 1503
Osgood Sheet(Route 123)/Orchard Hill Road,North Andover,Massachusetts 01845."
and conaietiag of sheets 1 through 8,A2,C1,Laghtirg Plan--Skeet I of 1,and WB-50
Truck Tuming Plan—Sheet 1 of 1
iii)The"Project"or"1503 Osgood street"rcfeM to the development of 3,791 square feet
of convenience store/deli,donut shop with a drive-through facility,a 5-pump gasoline
station,30 parking spaces,associated grading and extensive landscaping work.
iv) The"Applicant"refers to 1503 Osgood Street,LW,,the applicant for the Special
Permit.
v) The"Project Owner"refers to the person or entity holding the fix interest to the title
to the Locus f ore time to time,which can include but is rat limited to the applicant,
developer,and owner.
1) The developer sha11 designate an independent Enviromnental Monitor who shall be chosen in
consultation with the Planning and Community Development Stag, The Enviromt entd
Monitor must he available upon four (4) hours notice to inspect the site with the Planning
Board designated official. The Environanemtal Monitor shall make weekly inspections of the
project and file monthly reports to the Planning Board throughout the duration of the project.
The monthly report,+ shall detail =3 of ooWcompliance, if any and actions taken to resolve
these issues.The designated monitor may not be applicant and/or developer.
2) The applicant shall desigaato an independent construction monitor who shall be chow in
consultation with the Planning fit. The ow"Uuction 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 report
shall detail area of non-compliance,if any,and actions taken to rescylve these issu„�,
Pugs 3 of 9
1503 No"sweet LLC BK 10291 PG 33
1543 Oft"d Street„Map 34,Lot 7
Site plan S P
3) Prior to the endonement of the 0M by the Planning Board, the applleent mart
comply with the folhrwbg conditlo=-,
A) The final plans must be reviewed and approved by the Division of Public Worlra,
Planning Npartmad, and Health Department and be endorsed by the Planning Board.
The final plans mug be submitted for review witlsM ninety(90)days. Failing submission
Of required final plans within 90 days will render this Special Permit null and void.
B) If applicable, the applicant must supply A copy of the approved Massachuse#ts Highway
Dopartmeut lw" "We"My for the construction of the driveway and signal work to the
Planning Department.
4) Prior to the$brrt of c000ftc bn:
A) A construction schedule shall be submitted to the Planning and Conservation
Departments for the purpose of ft ding the �struc6on and infornaittg 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 and Conservation Dqu mnents.
C) It &hail be the rCSpanaibility of the developer o
otxur which will cause l� a.9sur+e that no erosion on the site shall
deposition of soil or sodiaient upon adjacent properties or public
ways, except as norntally ancillary to off-site sewer or other off--site conetructiiOn. Off.
site erosion will be a basis for the Planning Bow makirs a finding that the project is not
in compliance with the plan,;provided, however, that the Planning Hoard shall give the
developer written notice of say such finding and taro days to core said condition.
D) Yellow "Caution"tape must be plated along the limit of clearing and gMJjng as shown
on the plan. The planning sera must be oozatactad prior to any cutting and or
clearing on site,
E) A pre-constnyc don meeting must be .held with the developer, their construction
employees, Planning Dep�pent, and Coaswvstion Deparm ent to discuss schadulin
inspections and inspections to be conducted on tho-project. 8 of
F) The developer shall provide, the Plantuitng Board with copies of permits, plans and
decisions received from the Conservation Commission, Should the Town Ple,n w tied
that pleas approved by the Conservation Commission substantially differ from the
apved plans of the Planning BOatd, the developer is required to present the
ugh a public hearing to the Planning Board for a modification to site plan approval.
p approval.
G)
dollars (510,000) for tluc shall be in the total amount of ten thousand
purpose of covering any contingencies that might affect the
Peke 4 of 9
1503 Owed 8ftA UC BW 10291 PG 34
ISO Clho M 5trxet,Map 34.Lot 7
Site Pin Speelat Permit
public welfare such as site opening, clearing, erosion Wntrol and performance of any
other condition contained herein. The Guarantee shah be in the form of a bond
acceptable to the Town and made payable to the Town of North Andover escrow account.
H) A bond in the amount of ten thousand dollars($j o,000)must be poMW for the purpose of
insuring that a final wbuilt plan showing the location of all on-site utilities, struetru+es,
curb alt% PUkM$sPalms, top Wghy, and drainage facilities are submitted. The bond is
also ua place to insure that the site is constructed in awordoxv with the approved plan.
This bond should be in the form acceptable to the Town and made payable to the Town
of North Andover escrow account.
5) Prior to tbe Isms nce of ran Banding Permit:
A) Three (3) copies of the signed„ wed phis$ must be delivered to the Planning
Department.
B) One a:xtified copy of the Mcorded decision must be submitted to the Planning
Deparbrient
C) The applicant shall adhere to the following requiramente of the North Andover Fire
Department and the North Andover Building Deputme nt:
1. All structures must contain a commercial fire sprinkler system. The plane and
Isydmhc calculations for each commercial system shall be submitted for review
and approval by the North Andover Fire Departmwnt. Plana and hydraulic
calculations for each commercial system mint also be supplied to the Building
Department.
D) To ensut+e the Mdnuod protection of the health and welfere of the resi&* of Norris
ArAover, and lessen the probability and possibility of aeon and incident to the
Town's primary source of drinking,the applicant shall be required to submit to the Planning
Deparonent a conipralumsive l mayency Response Plats and MaWenance PmcWun& The
Planting Board shall review and approve said plan. The fined plans must be submitted for
review within ninety (90) days of filing the decision with the Town Clerk, Failing
submission of required Emergency Rcspolosa Plant within 90 days will render this Special
Permit null and void. Said Emergency Response plan and M[aintenm=plum will be
distributed to the Town's Fire Department,Police DWafhmnt,Planning Department, and
the pnpject site where the document(s)will be kept on file Arid easily accessible in case of
an emergency.
d) Darbg eobstruction:
A) L)nat mitigation and roadway cleaning must be performed weekly, or mops ffequeWy as
direcmed by the Town Planner,throughout the Construction prom,
Page 5 of 9
x LLC K 1 029 f PG 33
150 Oqpod Strest'a Map 34.Lot 7
Site special Permit
B) The Board will strictly enforce the policy relative to the stoc4iling of materials (dirt,
wood, construction materiel, etc.) and must be shown on a plan and reviewed MW
approved by the Town Planner. Any approved piles must remain covered at all times to
minimize potential dust and be required to install appropriate erosion control measures.
Any stockpiles to remain for longer than one week must be feptcod off and be seeded.
C) to an effort to reduce noise levels, the developer shall keep in optimum working order,
throupph regular maintenance, any and all equipment that shall emanate sonos from the
structures or site.
7) Prior to the issuance of a CaMeate of Occupancy:
A) The applicant must submit a letter fcarn the architect and engineer of the pwjed stating that
the building,sips,lazudcapnt:g,lighting and site kayout substantially comply with the plans
IN40 eed at the end of this decision as endorsed by the Planing Board. AhMatively,the
applicant and/or property owner may provide a band,detem med by the Planning Board,to
rover the full amount of the landscaping materials and installation if weather conditions do
not psemt the completion of the landscaping prior to anticipated oc wcy.
B) The Planning Staff shall approve all artificial lipfing used to illuminate the sites. All
lighting shall have underground wiring and shall be so arranged that all diced rays $om
such lighting falls entirely within the site and shall be shielded or recessed so as not to
sbine upon abutting properties or streets. The Planning Stuff shall review the site. Any
changes to the approved lighting plan as may be reasonably required by the P
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&I=or project any light Onto adjacent
residential properties.
C) The eomrnercial fire sprinkler systems must be inatall+ed in accordance with referenced
stwular+d NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts
State Building Code. Cenific"on that the systems have been installed properly in
accordance with the above referenced regulations must be pmovided from both the North
Andover Fire Depmtatcnt sad the North Andover Building Degartnwnt to the applicant,
The applicant must then provide this certification to the North Andover Planning
Department,
D) Fmeromey Response Plan to be tiled and posted in obvious place such as Fine Department,
Polite Department,and Planning DepaYtxt=t
g) Prior to&C f d re10*24 of all VaeurItY and ertrrowed funds:
A) The Planning Staff and Plartaang Hoard shall review the site. Any screening as may be
reasonably required or relocated by the Placating Board will be added at the Project
Owner's expense.
Paged 00
ISM Osgood ftat,UC BK 10291 PG 36
150 Ospod Stmet Map 34.Lot 7
Site Plan Specira Pwmft
H) A final as-built plan ft wing final toMMhY, the locetion of 81I on-sit* UdlitiM
structures, curb cuts, patidug vuxs, and drainage strachrres and facilities must be
submitted to the Planning Department.
9)Gear"condidens:
A) Any plants,treas or shrubs that have been incorporated into the Landscapa Plan approved
in this decision that die must be replaced by the project owner in perpetuity.
8) Tree cutting shell be kept to a minimum throughout the project to minimize erosion and
preserve the natural features of the site.
C) Snow removal may be stored on the designated storages ass shown on said plans
referenced below to the extent posslbla, but must be trucked off site whenever snow
exceeds on-site storage cape ity.
D) Should the Project Owner transfer owrsership of the project andlor property, the buyer
shall meet with the Planning Hoard to,provide an update on the sUtus of the project.
E) The contractor shall cvuW Dig Safe at least 72 hours prior to c onnrmencing any
excavation
F) Gas,Telephone,Cattle ad Electric utilities shall be installed underground as specified by
the respective utility companies.
G) The hours for construction shall be limited to between 7:00 amL and 5:00 p.m, Monday
through Friday and between 8:00 a.m.and 5:00 p,w.on Saturday.
H) No open burning shall be done except as is permitted during burning season under the Fires
Department regulations.
1) No underground fuel storage shad be installed beyond the 3 underground fuel storage
tanks associated with the gasoline station in plans referenced in Condition N below. Said
fuel storage tanks must comply with all local and state building codes and regulations.
J) The provisions of this conditionral approval shall apply to and be binding upon the
applicant,its employees and all successors and assigns in interest or control.
K) Any action by a Town Board,Commission, or Department, which requires changes in the
plan or design of the building, as presented to the PlauninS 13r►ar4, may be subjesn to
modification by the Planning Board.
L) Any revisions shall be submitted to the Town Planer for review. If those revisions are
deemed substantial, the developer must submit revised pleas to the Planning Board for
approval.
Pegs 7 of 9
f
INN Ospod Strut,LLC BK 10291 PO 37
15p3 osgaW Stru4 Map 34.Lot 7
site PI"Speew Permit
M)This Special Permit appioval shall be deemed to have loped two yon after the date of
the grant of this special permit tented on June 21,2006,exclusive of the time required to
pursue or await determinmtion of any appeeb, vnleee substantial use or const<rnctlon has
commenced within said two yeer period or for,good cause.
N) This Site Plan Review Special Pemtit ap MVAI is based upon the following infortnation
which is incorporated porated into this decision by reference:
1) Plano.titled: Site Dmlopment Plans Map 34,Lot 7
1503 Osgood Strict Mwte 125)/Orchard Hill Rand
Nott Andover,MaaseclUktts 01845,
hqmmd for_ 1503 Osgood Strag,LLC
2 Hridgcwiew Circle
Tyngeborovgh,MA
Preparedby. NM Design Comultantr,lip.
103 Stiles RoA Suite One
Sale M NH 03079
Scale: 111=20t
Date: April 10,2006,revised 618/06,6/9/06
Sheets: 1-8.A2,Cl
Li$bting Platt—Sheet 1 of 1
WB-50 Tnwk 1 wft.plan Shed 1 of 1
2) Report: Storm water M iagement Drainage Calculations
&BOA MAIM Pra cticcs
Prepared The 1503 Osgood Street,LLC
2 Bridgeview Circle
Tyngsberougk MA
Pre mW by MV Design Consultmds,laic.
103 Stiles Road,Suite OrA
Salem,NH 03079
Data June 9,2006
3) Report: Tragic and Acme Study
Proposed Gasoliae Statiou/Cowivnienoe Stoat with Driva-Through
Notts AMoves,Massachusetts
for Romer Development Corp.
2 Bridgeview Circle
Tyssgsbomugls,MA01879
Prepared by Grawman-Pedmm%lm.
105 Centrat Street,Suite 4100
Stowhatn,MA 02180
Date: October 2005
4) Plan Titled L andseepe A mWte cture&Land PlawiWs
Chris Hwurea of Hunum Associptm,hsc.
17 Tewbbury St.,Andover,.NIA 018 lo
Data: hm 9,2006
Page 8 of 9
i N.91 PG 3
ISO Street,UC
190 0jVW Stm4 Map 34 Lot 7
site Plan Special Pernnit T0WR ►%RVSE C
t F I C E
cc: Director of Public Works 20H JUN 26 AN 10: 4
Building Inspector
Town Manager TOV ii OF
Conservation Administrator WITH ANDOVER
Drainage Consultant MA SACF":tISET T
Planning Board
Police Chief
Fire Chief
Applicant
En&ea
File
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