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HomeMy WebLinkAboutApplication - 1503 OSGOOD STREET 4/24/2006 MOLAK & HA N ., John T. Smolak, Esq. S VAUG -------- T: 978-327-52151 F: 97&-327.52(9 T T' ',-) 1,, t',I F Y S A C. A, \k jsmolak(a)stiiolakvau-,iiaii.co[iI April 14,2006 By Hand Richard Nardella,Chairman Planning Board Town of North Andover 400 Osgood Street North Andover, Massachusetts 01845 RE: Application for Site Plan Review Special Permit 4 2006 Property: 1503 Osgood Street "_�R RANNING DEp,�_ Owner/Applicant: 1503 Osgood Street LLC RTMENT Dear Mr. Nardella: On behalf of the Applicant,1503 Osgood Street LLC, enclosed for filing with the Planning Board are ten(10)copies of the Application for Site Plan Review Special Permit,Memorandum in Support of Site Plan Review Special Permit,and accompanying Site Plans. The proposed project consists of a proposed gas station with convenience store having a drive-through facility to be located on a portion of a parcel of land known and numbered as 1503 Osgood Street. The Property is located at the corner of Osgood Street and Orchard Hill Road on the easterly side of Osgood Street and across the street from the former Lucent Facility now known as Osgood Landing. The site is also located across Orchard Hill Road (to the north) from the Merrimack Valley Credit Union and the AAA building. The Property is located within the Business 2(B-2) Zoning District. We appreciate your time and consideration with regard to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. X" Sincerely, py):J i6of T.Smolak p'> JTS/ cc: 1503 Osgood Street LLC, David Murray,Manager Chris Huntress,RLA,Huntress Associates Frank Monteiro, P.E.,MHF Design Consultants,Inc. Jefferson Office Park,820 Turnpike Street,Suite 203,North Andover, MA 018845 WWW.SMOLAKVAUG"AN.COM Town of North Andover Planning Board Please type or print clearly: 1. Petitioner: 1503 Osgood Street LLC Address: David E. Murray,Manager,Ranger Development Corp., 2 Bridgeview Circle,Tyngsborough,Massachusetts 01879 Telephone Number: (979) 375-4997 2. Owners of the Land: 1503 Osgood Street (David E. Murray.Manager) Address: David E.Murray, Manager,Ranger Development Cori), 2 Bridgeview Circle,Tyngsborough, Massachusetts 01879 Telephone Number: (979) 375-4997 Number of years ownership: 1 Year, 10 months If applicant is not the owner,please state interest property: N/A 3. Request for a Special Permit under Sections 8.31 and 10.3 of the North Andover Zoning Bylaw to: Authorize the redevelopment of a portion of the property to construct an automobile service station for gasoline sales with no automobile repair, retail convenience store and deli, and drive-through doughnut shop establishment on a 6.1 acre parcel of land located in the B-2 Zoning District at the corner of Osgood Street and Orchard Hill Road 4. Location of Property: 1503 Osgood Street(Corner of Osgood Street and Orchard Hill Road) Zoning District: Business Two -2 Assessors: Map: 34 Lot# 7 Registry of Deeds: Book M 7902 Page# 75 5. Existing Lot: Lot Area (Sq. Ft): 264,609 (6.1 ac) Building Height: N/A Street Frontage; 1,106.15 ft Side Setbacks: N/A Front Setback: N/A Rear Setback: N/A Floor Area Ratio: N/A Lot Coverage: N/A 6. Proposed Lot (if applicable): Lot Area (Sq.Ft.): 264,609 (6.1 ac) Building Height: 32 ft Street Frontage: 1,106.15 ft Side Setback: 197 ft Front Setback: 50 ft Rear Setback: 460 ft Floor Area Ratio: 0.028:1 Lot Coverage: 2.8% 7. Required Lot (as required by Zoning Bylaw); Lot Area (Sq.Ft.): 25,000 (min.) Building Height: 35 ft (max) Street Frontage: 150 ft (gas stations) Side Setback: 25 ft (min)_ Front Setback: 25 ft Rear Setback: 30 ft (min) ® Floor Area Ratio: 0.75:1 Lot Coverage: 35% max 8. Existing Building (if applicable): N/A Ground Floor (Sq.Ft.) #of Floors Total Sq. Ft.; Height: Use: Type of Construction: 9. Proposed Building: Ground Floor (Sq.Ft.) 3,791 s.f. #of Floors One Total Sq. Ft.; Height: 32 ft Use: Retail Convenience store, deli and Type of Construction: wood frame drive-through doughnut shop 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? N/A If so, when and for what type of construction? 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. 1503 Osgood Street,LLC By its attorneys, �Jolak&Vaughan LLP Petitioner's Signature: Print or type name here: n T-.Smolak Es q. 1503 Osgood Street,LLC By its attorneys, Smo &Vaughan LLP Owner's Signature: Print or type name here:J n T.Smolak.Esq. TOWN OF NORTH ANDOVER PLANNING BOARD APPLICANT AND OWNER: 1503 OSGOOD STREET LLC PROPERTY: 1503 OSGOOD STREET MEMORANDUM IN SUPPORT OF APPLICATION FOR SITE PLAN REVIEW SPECIAL PERMIT (Sections 8.3 and 10.3 of North Andover Zoning Bylaw) 1. INTRODUCTION 1503 Osgood Street LLC (the "Applicant") is the owner of an existing parcel of land known and numbered as 1503 Osgood Street. The site contains 264,609 square feet (6.1 acres) of land and is designated on the Town Assessor's Maps as Map 34, Lot 7 (the "Property"). The Property is located at the corner of Osgood Street and Orchard Hill Road on the easterly side of Osgood Street and across the street from the former Lucent Facility now known as Osgood Landing. The site is also located across Orchard Hill Road (to the north) from the Merrimack Valley Credit Union and the AAA building. The Property is currently not in use and includes two existing residential dwellings along with a number of old outbuildings, all of which are vacant and in general disrepair. The Property is located within the Business 2 (B-2) Zoning District. The Applicant has owned the Property since 2003. At the Annual Town Meeting held in May, 2005,the Property was rezoned to B-2,consistent with other parcels which have been rezoned in this particular area along Route 125. II. PROPOSED PROJECT 1503 Osgood Street LLC proposes a redevelopment of a portion of the Property as a gasoline service station and convenience store facility, and the proposed redevelopment Project includes the following elements: (a) Construction of new 3,791 s.f. colonial style building which shall include a convenience store, deli, and a doughnut shop facility with.a drive-through window, all as shown on the attached site plans; (b) Construction of a new self-service gasoline service station including five new multi-product fuel dispensers offering self-service/pay-at-the pump features to move customers quickly and efficiently through the site. Site Plan Review Memorandum -- Planning Board (c) Construction of a new overhead canopy with a state-of-the-art fire suppression system above the gas dispensers; (d) Installation of three new double wall fiberglass underground fuel storage tanks equipped with a state-of-the-art leak detection system, all of which will require North Andover Fire Department and the State Fire Marshall Office approval;and, (e) Installation of extensive landscaping around the perimeter of the Property both to improve aesthetics in and around the site, and to serve as a buffer between the property and to properties located in the surrounding area. A summary of proposed site improvements is attached as Exhibit A, and the Site Plans showing the proposed improvements are attached as Exhibit D. III. REQUIRED RELIEF Based upon our preliminary review of the proposed improvements, and after a meeting with the building commisioner, 1503 Osgood Street LLC has determined that a Site Plan Review Special Permit will be required to be issued by the Planning Board in accordance with Sections 8.3 and 10.3 of The Zoning Bylaw of the Town of North Andover, as most recently amended in December,2005 (the"Zoning Bylaw'). In addition to approvals required from the Planning Board,the proposed Project will require an Order of Conditions from the North Andover Conservation Commission,septic system approval by the Board of Health, a flarnmables storage license to be reviewed by the Fire Department and to be approved by the Board of Selectmen in its capacity as Licensing Authority. In addition, the project will require the issuance of a curb cut permit from MassHighway, and the project will be subject to review under the Massachusetts Environmental Policy Act (MEPA). Over the course of the past six months, representatives of the Applicant have met with representatives of the Planning Department,the Building Department, Board of Health, Fire Department, Police Department, and Conservation Commission. The Applicant's Project was also reviewed by the Towns Technical Review Committee (TRC). As a result of those meetings and consultations, a number of their recommendations have been incorporated into the Site Plans. IV. SITE PLAN REVIEW AND SPECIAL PERMIT CRITERIA Section 8.3(6) and Section 10.31 of the Zoning Bylaw list the criteria by which the Planning Board will evaluate the Project as part of its site plan review special permit Site Plan Review Memorandum -- Planning Board process. A description of these criteria, and how the Project meets such criteria, are described as follows: SITE PLAN REVIEW CRITERIA (Section 8.3) GENERAL a. Conformance with all appropriate provisions of the Zoning Bylaw. The proposed retail gasoline service station,retail convenience store,and accessory drive-through are uses allowed by right in the Business Two (B-2) Zoning District. The Project also conforms to all dimensional criteria listed in Section 7,including but not limited to,Table 2 (Summary of Dimensional Requirements),of the North Andover Zoning Bylaw. Compliance with dimensional requirements is summarized on the Site Plans as well as on the Site Plan Review Application Form. As discussed with the Planning Board at the Board's rezoning hearing for the proposed rezoning for the site in April,2005, the rezoning was proposed primarily to accommodate gas station uses as an essential service to the future redevelopment of the Route 125 corridor. b. Protection of abutting properties from detrimental site characteristics. The project provides appropriate building setback from the adjacent properties. The adjoining general business and industrially zoned properties will not be negatively impacted by the proposed Project,but in fact will provide an essential service and complement the surrounding uses. ENVIRONMENTAL a. Protection of unique or important natural,historic or scenic features. The existing grades and mature vegetation will be maintained to the extent practicable,and an appropriate natural buffer will be provided. Wetland resource areas will not be impacted,as the 50-foot no-build and 25-foot non- disturbance zones described in the North Andover Wetlands Protection Bylaw will be maintained,and other storm water management measures will be implemented,to protect wetland resource areas. b. Adequacy of proposed methods of refuse disposal. The Project includes a disposal area located to the southeast side of the property. The disposal area (which will be screened with a six (6')foot chain link fence with privacy slats) will adequately handle the needs of the building,and provide for appropriate screening of the facilities. Solid waste disposal would be handled by a private commercial hauler. Site Plan Review Memorandum -- Planning Board C. Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve the proposed use. The Project will be connected to the municipal water system available in Orchard Hill Road which ties into a main located in Osgood Street. Sufficient capacity exists within the municipal system to accommodate the proposed Project's water needs. A subsurface sewage disposal facility will be installed on the Property in order to manage the sewage needs for the Property. Such septic system design and installation will require Board of Health approval. d. Adequacy of the proposed drainage system within and adjacent to the site to handle the increased runoff resulting from the development. A sub-surface drainage system is being proposed,and accommodates all runoff resulting from the development. This system include two underground detention basins and one underground infiltration system.All drainage and runoff systems are designed to prevent the contamination of groundwater,and drainage and runoff will be recharged onsite. Stormceptors will provide pretreatment of stormwater runoff. Site stormwater will be managed in accordance with the DEP's Stormwater Management Policy and related technical guidance,and will also be separately reviewed as part of the wetlands review process by the North Andover Conservation Commission. Please refer to the enclosed Drainage Report attached as Exhibit B for additional information. e. Provision of adequate landscaping,including the screening of adjacent residential uses,provision of street trees, landscape islands in the parking lot and a landscape buffer along the street frontage. Existing vegetation is comprised of mature mixed hardwoods,and provides a significant natural buffer between this property and the abutting uses.This submission also includes a Landscape Plan providing proposed landscaping within the parking lot, side yard,and front yard areas which show additional buffering and screening areas. A copy of the Landscape Plan is attached as part of the Site Plans. f. Adequacy of the soil erosion plan and any plan for protection of steep slopes,both during and after construction. An erosion control plan has been provided as part of this submission. All proposed grades within landscape areas will not exceed 2:1,and all slopes will be stabilized both during and after construction. The Applicant will take particular care with respect to maintaining enhanced erosion and sedimentation controls to avoid impact to both on-site wetlands and adjacent properties. Site Plan Review Memorandum -- Planning Board g. Protection of adjacent properties by minimizing the intrusion of lighting,including parking lot and building exterior lighting. A lighting facilities plan has been provided as a part of this submission. Canopy fixtures will be flush with the canopy ceiling to eliminate glare. Light poles will not exceed 16 feet in height and shall have recessed bulbs with flat lenses to eliminate glare. Lighting will not cause glare and will minimize spillover onto adjacent properties or streets. h. The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from excessive noise, dust, smoke, or vibration which are higher than levels now experienced from uses permitted in the surrounding area. The proposed use is to be located adjacent to Route 125 and is surrounded by retail,office and industrial uses. The Project includes the retail sale of fuel and related products as part of the service station activities,and no motor vehicle repairs or car wash facilities are proposed on the Property as the Project. The Project layout has been designed to ensure that there will be no long-term impact on the surrounding area from excessive noise,dust,smoke or vibration. DESIGN a. Buildings shall be located with respect to setbacks placement of parking landscaping and entrances and exits with surrounding buildings and development. The proposed site plan conforms to the required building setbacks,and no conflict will exist between this site and the existing parking,landscape,entrance or exit of another adjacent use. The proposed gas dispensers and canopy have been located in compliance with setback requirements, and are located in a manner consistent with modern gas station facilities which require front yard exposure along Route 125. The Traffic Impact and Access Study(the"Traffic Report")provides additional detail on the adequacy of site circulation as related to existing surrounding buildings and development. A copy of the Traffic Report is attached as Exhibit C. b. The buildings shall relate harmoniously to each other in architectural style,site location and building exits and entrances. The Colonial style of the proposed convenience store facilities has been designed in a manner to blend into the area architectural style, and will complement the proposed redevelopment of the former Lucent facility. The canopy has been designed to minimize and reduce massing of the Site Plan Review Memorandum -- Planning Board structure in order to complement the proposed Colonial-style building. A set of architectural plans is attached as part of the Site Plans. C. Screening shall be provided for storage areas,loading docks,dumpsters, rooftop equipment,utility buildings and similar features. The proposed refuse area will be screened with a 6' chain link fence enclosure with privacy slats. All mechanical,electrical and HVAC units have been either located within the building or will be suitably screened,and will not be visible, or create a nuisance,to surrounding properties. d. Electric,telephone, cable t.v.,and other such lines and equipment must be placed underground. All utilities will be located underground. Please refer to the enclosed utility plan shown as part of the Site Plans for more detailed information. e. Demonstrate that the scale,massing and detailing of buildings are compatible with those prevalent in the surrounding area. The Project structures will be designed to respect the scale and style of the buildings in the surrounding neighborhood.Please refer to the attached architectural renderings and elevations for additional detail. TRAFFIC/PARKING a. The location and number of curb cuts shall be minimized to reduce turning movements, and hazardous exits and entrances. The location and number of curb cuts proposed has been reviewed and is appropriate for the proposed use,as further described in the Traffic Report. Moreover,the Project traffic consultant has consulted with MassHighway,which has directed that the curb cut off of Osgood Street be aligned with the existing traffic signal and driveway to the former Lucent facility.The driveway has been designed to provide sight lines that exceed minimum requirements for safe stopping distances.The proposed landscaping and signs in the vicinity of the site driveway have been located sufficiently back from Osgood Street so as not to impede the available sight distances.Turns into the site driveway will operate at level-of-service (LOS) B or better during the peak hours. Exiting movements from the site driveway will operate at LOS D or better during the peak hours. b. Provision for access to adjoining properties shall be provided as appropriate. Given the difference in grades off of Orchard Hill Road,it is not feasible to provide access to adjoining properties. Moreover, it is anticipated that a Site Plan Review Memorandum -- Planning Board future use will be made of the easterly half of the Property in the future which may, in turn, offer an opportunity to connect the project through the rear of the Property to Orchard Hill Road to enhance site circulation. This will depend on the type of future development and proposed topography. We note,however, that there is a 25-foot grade difference between the proposed Project site and the future easterly development. C. Driveways shall be located opposite each other wherever possible. As noted above, and after consultation with MassHighway, the Project driveway curb cut off of Osgood Street will be aligned with the existing traffic signal and driveway to the former Lucent facility to form a four-way, signalized intersection. The existing traffic signal will be modified to accept the fourth leg of the intersection. d. Joint access driveways between adjoining properties shall be encouraged. To the extent a new use is made of the easterly portion of the Property, joint access driveways will be examined. As noted above, a connection may not be feasible due to the topography. e. Internal circulation and egress shall provide for traffic safety, and access to and from minor streets servicing one family dwellings shall be minimized. Internal circulation has been designed to minimize conflicts between cars,trucks and pedestrians,all as more detailed in the Traffic Impact and Access Study. This site does not provide direct or indirect access to minor streets servicing single-family dwellings. SPECIAL PERMIT APPROVAL CRITERIA(Section 10.31) Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met. The following lists the criteria and how these criteria are met. a. The specific site is an appropriate location for such a use, structure or condition. As the property is zoned for retail use,the site is an appropriate location for the proposed Project. The site design compliments the surrounding uses and Site Plan Review Memorandum -- Planning Board provides for sufficient traffic and circulation improvements,as well as sufficient water and other utilities. We also note that as part of the Town's efforts to redevelop the Route 125 corridor,it is significant that a gas service station will be sited in this particular area. Specifically,Section 4.127 of the Zoning Bylaw (Business 2 District Uses) specifically states that: ..automobile service station[use is]... limited to one in each 2,000 linear feet of street or highway as measured along [the] centerline." See NAZB,Section 4.127(12). As a result of this use limitation, the Project will not only result in the siting of a facility in the most appropriate location along this section of Route 125, but it also has the effect of prohibiting the siting of other gas station facilities within 2,000 of the property along Route 125. In effect, the proposed facility will prohibit the siting of another gas station southerly from the property along Route 125 to the Giant Glass building at 1000 Osgood Street, and northerly from the property along Route 125 to the Haverhill border. b. The use as developed will not adversely affect the neighborhood character. The Project provides appropriate building,landscaping and screening setback from the adjacent properties. The character of the Colonial-style building will complement the architectural style of existing buildings in the neighborhood, and the use is well suited for its proposed location. C. Social,economic, or community needs which are served by the proposal. As noted above,the proposed Project will fill an important service and community need for the Route 125 corridor as it will both serve to provide a service function for the redevelopment of the Route 125 corridor as Osgood Landing and adjacent properties are redeveloped,and from a planning and social perspective, it will serve to ensure that a single service station facility will be established in the most appropriate location along this stretch of Route 125. From an economic standpoint,the Project will serve as a new source of tax revenue to the Town with potential new employment opportunities for the area, and return a currently vacant, unused site back to productive economic use. Site Plan Review Memorandum -- Planning Board d. There will be no nuisance or serious hazard to vehicles or pedestrians. Driveways have been located to provide for the best available sight distance along Osgood Street. Site improvements have been designed to maximize on-site and off-site safety. For additional detail please refer to the enclosed Traffic Report prepared by GPI,Inc. e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project is adequately and appropriately serviced by municipal water and other utilities that adequately address the needs of the Project. Stormwater management facilities will provide adequate treatment of stormwater in accordance with applicable requirements. Gas station facilities will be designed and operated in accordance with federal and state regulations,as well as recommendations of the North Andover Fire Department. f. The use is in harmony with the general purpose and intent of this Zoning Bylaw. In addition to the reasons described herein and as shown on the Site Plans and other information submitted as part of the site plan review process,the proposed use is in harmony with the general purpose and intent of this Zoning Bylaw for the following reasons. First,the location of the proposed Project is ideally suited to perform a service function to the future redevelopment of the Route 12 5 corridor in this area of North Andover. Second,the siting of a facility in the proposed location will have the effect of precluding the proliferation of similar facilities from the Haverhill border,along Route 125,to the intersection of Route 125 with Osgood Street. Third,the project will substantially enhance the aesthetics of the property with new building design,landscaping and screening. Fourth,the Project will return a currently vacant and unused property back into productive use, and will provide an important source of new tax revenue to the Town. Fifth,based upon the Applicant's experience with similar facilities, the off-street parking provided is adequate to serve the uses of the property in a safe and effective manner. Lastly,the project,as shown on the Site Plans,complies with the Zoning By-Law. For these reasons,all of the proposed improvements and enhancements noted herein are in harmony with the general purposes and intent of Section 1 ("Purposes') of the North Andover Zoning Bylaw. Site Plan Review Memorandum -- Planning Board V. REQUEST FOR APPROVAL For the above reasons, 1503 Osgood Street LLC respectfully requests that the Planning Board make the required findings and conditions described under Sections 8.3 and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's request for Site Plan Approval. Respectfully submitted, 1503 Osgood Street LLC By its attorneys, b� i John T. Smolak, Esq. �molak& Vaughan LLP 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 Tel. (978) 327-5215 Fax (978)327-5219 Site Plan Review Memorandum -- Planning Board EXHIBIT A SUMMARY OF PROPOSED IMPROVEMENTS • Construction of new 3,791 s.f. colonial style building which shall include a convenience store, deli, doughnut store area with seating, and an accessory drive- through facility, all as shown on the attached Site Plans (see architectural plans); • Construction of a new self-service gasoline service station including five new multi-product fuel dispensers offering self-service/pay-at-the pump features to move customers quickly and efficiently through the site. • Construction of a new overhead canopy (121' x 30')with a state-of-the-art fire suppression system above the gas dispensers; • Install concrete pad with positive limiting barrier as spill prevention measure for dispensers; • Install dumpster with appropriate screening as shown on Site Plans. • Installation of three new double wall fiberglass underground fuel storage tanks equipped with a state-of-the-art leak detection system, all of which will require North Andover Fire Department and the State Fire Marshall Office approval; • Installation of extensive landscaping around the perimeter of the Property both to improve aesthetics in and around the site, and to serve as a buffer between the property and to properties located in the surrounding area. • Upgrade area lighting; and, • Install freestanding sign(50 s.f. in area, 16 feet max. height) as shown on Sign Plan, along with walls signs as shown on Site Plans. Site Plan Review Memorandum -- Planning Board Town of North Andover Abutters Listing REQUIREMENT. Mgt_40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 34 7 1503 OSGOOD STREET LLC 1503 Osgood Street, North Andover MA 01845 Abutters Properties Map Parcel Name Address 34 8 AAA Merrimack Valley, Inc 155 Parker Street, Lawrence, MA 01843 34 52 George Barker 1267 Osgood Street, North Andover, MA 01845 34 17 Ozzy Properties, Inc 3 Dundee Park,Andover, MA 01810 34 16 Merrimack Valley Federal CU 1600 Osgood Street, North Andover, MA 01845 34 50 &51 Albacado limited 45 Beechwood Drive, North Andover, MA 01845 61 6 George Barker 1267 Osgood Street, North Andover, MA 01845 THIS INFORMATION WAS OBTAINED AT THE TOWN OF NORTH ANDOVER ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS BY: Samuel G. Cheney,Jr.Assistant Assessor 3/27/2006 This certifies that the names appearing on the records of the Assessors Office as of Z- -� D Certifie( r11 ate 3 l��j