HomeMy WebLinkAboutCorrespondence - 1475 OSGOOD STREET 2/28/2009 TOWN OF NORTIi ANDOVER
DIVISfON OF PUBLIC WORKS
384 OSGOOD STREET
NORTH ANDOVER, MASSA[BUSBTlSOl845'2AOg
BROC,£L}. 7N|B8DEAU, P,E.
DIRECTOR
Eugene P. Willis, US. PE I Th Telec6^ne (97� d05-uP58
l}�ecoorufl�,e/nmor�g� ^
~ ~ Fax (978 688'9573
February 28, 2008
Planning Board Members,
1600 Osgood St.
North Andover
Re: Site plan review for proposed new police station at 1475 Osgood St.
Dear Board Men7h8[s.
| 8rniD receipt Ofa "R8nov8ted/NeVv Site Plan C-2.lbyL1EE\Architects dated Feb. 28. 20O9.
There have been no written comments, calculations, or other data provided. The site plan shows no �
�
change iD topography oriD the amount nf impervious @Fea The8iba �S8co8e��dbvOrch8rdHiU �d
� -' .. �
which appears to be an unaccepted road. The lack of information provided restricts the scope [frny �
rax|evv. �
�
The site presently exists; b} the extent that it functions well now, it should continue b] dOmniDthe �
future, I cannot comment on how well the site presently functions. It is unclear if the "Proposed I �
story structure" east of the existing brick etnuoLUme exists Or is to be added. If it were to be added, then �
the previous assumption would nO longer b8valid.
�
| offer the following C0Fnn0entS: �
|. The condition and capacity Of the septic system has not been addressed. Failure Dfthis
system could require a substantial ompi1o| outlay for R future repair. | suggest that the system
not only bm analyzed for title 5 compliance but also the quality, condition, and oap@oih/ 0fth8
' �
subsurface disposal system and all its components be evaluated and a report generated.
2. An as-built plan of the subsurface disposal system should beprovided.
3. The outfoUofthe existing drainage system iS not shown mn the plan. The �
existing pipe sizes appear to be smaller than DPW would typically recommend for such a
system. The drain pipes appear to flow through catchbasins instead of drain manholes which
can present o problem for future maintenance.
Page 2
03/13/09
4. 1 would suggest locating new catch basins in the east and west gutter lines of the driveway
where it intersects Orchard Hill Rd. The driveway crown should be adjusted to capture all the
stormwater runoff leaving the site in these structures. The infrastructure capacity should be
sized for the volume of flow anticipated.
Sincerely,
Eugene P. Willis PE
Town Engineer
cc file
TOWNJ 01" NOPI I i l 1A Nli)(M'k
384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909
FWCEIVED
MAR 12 2009
NUt� ... ..iqouvER U.
PLANNING DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Judy Tymon DATE: March 12, 2009
Planning Department
FROM: Ray Santilli
Assistant Town Manager
suBj: 1475 Osgood Street— Site Plan Review
Following are the applicant's responses/submissions to your draft memorandum of March I 01h
regarding the initial site plan review of 1475 Osgood Street.
SITE PLAN REVIEW
vii. Storm Water Drainage: The applicant will be providing storm water drainage
calculations. Although there is no increase in impervious surface, there could be a
change in drainage patterns due to the one story addition.
The existing site drainage has been as initially constructed since May 1986 and there is no record
that there has been no drainage issues from the site and/or clogged pipes and/or pipes that caused
a back-up due to size. Although drainage through manholes is today the preferred method, at the
time the original building was constructed, it was very common to pass drainage through catch
basins. Also, there exists at present, from the original construction, a catch basin capturing the
run-off from the main parking area at the entrance of the driveway to Orchard Hill Road, with a
12"RCP line connecting into the main storm drain line on Orchard Hill Road. The total amount
of impervious to pervious surface area has been reduced by 3.5%, therefore reducing the amount
of paved area. The following is the calculations comparison of the existing site to the renovated
site pervious to impervious surface area, which has been reduced due to the proposed new
addition and reduction in paving.
Existing Site Proposed Renovated Site
Gross Site Area 82,526sf 82,526sf
Paved Impervious Area 43,706sf 42,201 sf
Unpaved pervious 38,820sf 40,325sf
Based on this information, the Town of North Andover requests a waiver from the preparation of
a Stormwater Drainage Study as we have demonstrated that the pre-existing system and parking
and landscape grades are not being altered.
xiii. Location of Roadways/Drives: The applicant should indicate the width of the
driveway and parking lot aisles and should indicate on the plan that the aisle width
conforms to zoning.
All parking spaces except for the handicap spaces are 9'0" in width and 18'0" in length. All
roadways and drives are 24'0"wide, except at the security gates which are one-way traffic at
15'0" in width. All handicap accessible parking spaces are in accordance with the regulations of
the Massachusetts Access Board 521 CMR and Title 2 of the Federal Access ADA regulations
and are in accordance with the Zoning By-Laws of the Town of North Andover(see attached
plan).
xiv. Landscaping Plan: There will be no changes to the existing landscaping. The
applicant will need to demonstrate how the landscape meets Section 8.4 of the
Zoning Code "Screening and Landscaping Requirements for Off-Street
Commercial and Industrial Districts".
The Town intends to maintain the existing landscaping that was planted when the building was
originally constructed. Many of the plants and trees have matured over time and are more robust
thus providing a denser visual screen than previously approved. New planting areas are
anticipated and shown on the attached plans at the Northeast and Southeast corners of the
building. The intent is to provide curbing for traffic restriction and flow. The beds will be
prepared for future plantings. The existing plantings and screening buffers conform to Zoning
Regulation section 8.4 in density and width at abutting properties. The building is further
screened by Osgood Street through the existing grade increase over the width of the buffer area.
The applicant is requesting a waiver of adding any further plantings at this time as we feel that
the existing plantings conform to the zoning by-law and will be maintained as other public
buildings and properties are maintained by the Town of North Andover. (See attached
landscaping plan.)
xviii. Drainage Basin Study: A drainage report will be submitted as part of the Storm
Water Report and Calculations.
Based on the information provided in vii— Storm Water Drainage above, the Town of North
Andover requests a waiver to providing a Drainage Basin Study.
xix. Traffic Impact Study: It is not clear that the new use of the site will not change
traffic patterns. The applicant should address this issue with information
regarding number of employees, hours of operation, etc, compared to the prior use.
The volume of vehicular traffic, based on police stations of comparable size, is anticipated to be
approximately 25% of what the previous bank experienced. The bank employed 40 full-time
people and also utilized a drive-up window which is being demolished to accommodate the cell
block and sally port areas. The bank attracted numerous vehicular flows since they had walk-up
service counters and maintained offices for loan and bank officers.
For the police building, the maximum number of staff/employees (15-20) is anticipated during
the peak shift hours of 8:OOa to 4:OOp, Monday through Friday, with approximately 10-20
visitors daily. The police building will operate 24-hours per day but the number of employees
and visitors reduce considerable between 4:OOp and 8:OOa. Based on this information, the Town
of North Andover requests a waiver to providing a Traffic Impact Study.
xx. Commonwealth Review: The applicant has stated that no additional permits or
information is required by any agency of the Commonwealth. The applicant
should note that fact in the narrative and should request a waiver.
The Town of North Andover notes there are no additional permits or information required by any
agency of the Commonwealth, and therefore seeks a waiver of this section.
xxi. Utilities: There is an on-site septic system for the existing building. The applicant
will provide a copy of the as-built for the septic system.
See attached copy of As-Built On-Site Septic System currently on file with the North Andover
Health Department. The septic system was reconstructed and upgraded in September 2006. The
applicant has met with the Health Department and will provide to them all documentation as
required at the submission of the building permit.
xxii. Fiscal Impact: No fiscal impact study has been completed. The applicant should
request a waiver.
As the applicant is a municipality and the building at 1475 Osgood Street will serve as the North
Andover Police Department, the Town of North Andover requests a waiver to providing a fiscal
impact study.
xxiii. Community Impact: No community impact study has been completed. The
applicant should request a waiver.
As the applicant is a municipality and the building at 1475 Osgood Street will serve as the North
Andover Police Department, the Town of North Andover requests a waiver to providing a
community impact study.
GENERAL COMMENTS
1. Stormwater Management: The applicant will provide drainage calculations for the
project. The town engineer has reviewed the project and has provided the following
comments:
e The outfall for the drainage system is not shown on the plan. It should be indicated
where the drain pipes from the site are draining to, so that it can be determined if the
proposed capacity can be handled off-site.
e In some instances, manholes should be used instead of catchbasins to facilitate
maintenance. DPW also proposes trvo catchbasins within the gutterline of Orchard
Hill Road. The driveway to Orchard Hill Road should also be crowned to allow for
maximum capture of drainage from the site.
® Some of the existing 8"drain pipes may not be adequate for maintenance.
Stormwater outfall for the site drainage system is indicated on the attached sketch taken from the
existing building site utility drawing indicating a 12"RCP line running from CB#4 on the site to
a drain manhole constructed when the initial building was constructed and located on the
Northwest corner of Orchard Hill Road and Osgood Street with a Rim at 80.66' and an Invert of
77.70'.
The existing site drainage has been as initially constructed since May 1986, and there have been
no drainage issues from the site and/or clogged pipes and/or pipes that caused aback-up due to
size. Although drainage through manholes is today the preferred method, at the time the original
building was constructed, it was very common to pass drainage through catch basins. Also, there
exists at present from the original construction a catch basin capturing the run-off from the main
parking area at the entrance of the driveway to Orchard Hill Road with a 12"RCP line connecting
into the main storm drain line on Orchard Hill Road.
2. Parking and Roadway Design: The applicant should have the plan reviewed by the Fire
Department to be sure that the addition provides for convenient and safe manipulation of
safety vehicles. It should also be noted that Orchard Hill Road is not a town-accepted road
and thus is not maintained by the town.
The proposed plan was reviewed by the North Andover Fire Department. Attached is
correspondence from Fire Chief William Martineau indicating he finds no issues with the
contemplated construction/renovations.
Orchard Hill Road was accepted by Town Meeting in May 2001 and is fully maintained by the
Town of North Andover.
3. The Existing Landscaping will remain. The applicant should review the existing
landscaping to insure that it meets Section 8.4 of the Zoning Code, "Screening and
Landscaping Requirements for Off-Street Commercial and Industrial Districts".
95% of the landscaping indicated has existed since the initial building was constructed and is
natural vegetation. The planters at the building at the North, West and South are original. Dead
plants only will be replaced. New planters at the Northeast and Southwest corners of the addition
are mainly to provide protection of the building. Please see complete response to xiv—
Landscaping Plan above.
F tAORTN 9
�.tLED 169 �O
6 OL
O
SSACHUS�
PLANNING DEPARTMENT
Community Development Division
Agenda Item #X
TO: Planning Board
FROM: Judy Tymon, Town Planner
RE: North Andover Police Station. The Town of North Andover is proposing to renovate and put an
addition on to an existing two-story building at 1475 Osgood St., at the site of the former Merrimack Valley Credit
Union. The one-story addition of 3,064 sq.ft. is required for a new sallyport and police detention areas. The
addition will be placed on the western side of the building with the public entrance to remain on the Osgood St.side
of the building and a staff entrance on Orchard Hill Road side of the building. The addition will provide a more
secure environment for most police activity,which will be generally out of view of the public.
DATE: 1"Review—March 10,2009-DRAFT
The following information was included as part of tiie application:
Plans: Sheets 1 - 7, including Site Cover Plan, Renovated/New Site Plan; Floor Plans, Basement,First
Floor, Second Floor; Renovated New Elevations;Renovated New Elevations,Base Bid;
Site Cover Sheet updated Feb. 16, 2009
All other sheets are dated February 28, 2009
Scale: Various
Submitted by: Lieb Architects
Stonehill Corporation Center
999 Broadway, Suite 403
Saugus, MA 01906
Applicant: The Town of North Andover
Additional: Site Plan Review Application, dated February 12, 2009
Narrative
SITE PLAN REVIEW:
i. NORTH ARROW/LOCATION MAP: A North Arrow is located on the upper right side of the plan.
Addressed.
ii. SURVEY OF LOT/PARCEL: The lot area is displayed on the plan. Map 34,Lot 16 consist of 82, 526 SF.
Addressed
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
iii. NAME/DECRIPTION OF PROJECT: The name and description of the project have been provided in the
title block and a review is located in the application narrative. Addressed
iv. EASEMENTS/LEGAL CONDITIONS:No easements have been noted on the plan. Addressed
V. TOPOGRAPHY: Sufficient grading information has been shown on the plan, in particular surrounding the
entire property.Addressed
vi. ZONING INFORMATION: The zoning district information has been revised from Industrial-I to Corridor
Development District 3 (CDD3). Addressed
Vii. STORMWATER DRAINAGE: The applicant has will be providing stormwater drainage calculations.
Although there is no increase in impervious surface, there could be a change in drainage patterns due to the
one story addition. Not Addressed
viii. BUILDING LOCATION: The location of the existing office building is shown on the plans.Addressed
ix. BUILDING ELEVATION: Elevations showing the new addition have been provided.Addressed
X LOCATION OF PARKING/WALKWAYS: The plan shows a total of 75 off-street parking spaces. The
Zoning requirements are for 66 spaces. The plan also shows the existing driveway, the traffic aisles and
handicap accessible parking spots. Addressed
xi. LOCATION OF WETLANDS/NOTICE OF INTENT: There are no wetlands on the property. Addressed
xii. LOCATION OF WALLS/SIGNS: The applicant is proposing placing wall lettering on the outside of the
building, facing Osgood St.Addressed
xrrr. LOCATION OF ROADWAYS/DRIVES: 1 he applicant should llldlc ate the wldt1l of the driveway and
parking lot aisles and should indicate on the plan that the aisle width conforms to zoning.Not Addressed.
xiv. OUTDOOR STORAGE/DISPLAY AREAS: There are no outdoor storage or display areas proposed. N/A
xv. LANDSCAPING PLAN: There will be no changes to the existing landscaping. The applicant will need to
demonstrate how the landscape meets Section 8.4 of the Zoning Code, Screening and Landscaping
Requirements for Off-Street Commercial and Industrial Districts. NotAddressed.
xvi. REFUSE AREAS/DISPOSAL: The applicant has proposed an outdoor dumpster with fencing. Addressed
xvii. LIGHTING FACILITIES: There are parking lot area lights indicated on the plan. There will be no changes
to the current lighting of the parking lot or the building.Addressed
xviii. DRAINAGE BASIN STUDY: A drainage report will be submitted as part of the StormWater Report and
Claculations.Not Addressed
xix. TRAFFIC IMPACT STUDY: It is not clear that the new use of the site will not change traffic patterns.
The applicant should address this issue with information regarding number of employees, hours of
operation, etc., compared to the prior use.Not Addressed
xx. COMMONWEALTH REVIEW: The applicant has stated that no additional permits or information is
required by any agency of the Commonwealth. The applicant should note that fact in the narrative and
should request a waiver.Not Addressed
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
xxi. UTILITIES: There is an on-site septic system for the existing building. The applicant will provide a copy
of the as-built for the septic system.Partially Addressed
xxii. FISCAL IMPACT: No fiscal impact study has been completed. The applicant should request a waiver.
Not Addressed
xxiii. COMMUNITY IMPACT: No community impact study has been completed. The applicant should request
a waiver. Not Addressed
GENERAL COMMENTS
1. Stormwater Management: The applicant will provide drainage calculations for the project. The town engineer
has reviewed the project and has provided the following comments:
• The outfall for the drainage system is not shown on the plan. It should be indicated where the drain pipes
from the site are draining to, so that it can be determined if the proposed capacity can be handled off-site.
• In some instances, manholes should be used instead of catchbasins to facilitate maintenance. DPW also
proposes two catchbasins within the gutterline of Orchard Hill Road. The driveway to Orchard Hill Road
should also be crowned to allow for maximum capture of drainage from the site.
• Some of the existing 8"drain pipes may not be adequate for maintenance.
2. Parking and Roadway Design: The applicant should have the plan reviewed by the Fire Department to be sure
that the addition provides for convenient and safe manipulation of safety vehicles. It should also be noted that
Orchard Hill Road is not a town-accepted road and thus is not maintained by the town.
3. The Existing Landscaping will remain. The applicant should review the existing landscaping to insure that it
meets Section 8.4 of the Zoning Code, Screening and Landscaping Requirements for Off-Street Commercial
and Industrial Districts.
RECOMMENDATIONS:
The Planning Department recommends continuing the application to allow the applicant to respond to the Staff
comments and revise the plans accordingly.
Cc: applicant
Engineer
DPW
Fire Department
Building Department
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
TOWN OF NORTH ANDOVER
DIVISION OF PUBLIC WORKS
384OS(3OODSTREET
NOR7}l ANDOVER, MA SS/\CH0S E7l`S0>845-29O9
BRUCE D. Tf4IBQ[)BAU, P.G.
Z)IBSCT(}R
Eugene P. Willis, MS. }E Telephone (978) 685-0950
I}/rec/urmf/�gineer/ng Fax (y76) &98-9J73 ACHU
March 13, 2009 ----~—
North Andover Planning Board
\60O Osgood St.
North Andover
flo:North Andover new police station site p1oo review 2
Dear Board Members,
l have received the Site Plan ofLand dated February 9, 20Ogby Sullivan Engineering Group,
and the applicant's response to draft memorandum dated March 12' 2OO9 from Ray 8nntil1i. ] have
visited the site and offer the following comments: �
l. The site plan ohovva n "Manhole with pump" onthe southeast corner o[the building that was
not shown on the site p|ou from l.IEB /\aaooiotco. It is unclear what the function of this �
oicuotuno is for, or what its condition and capacity is. �
2. The ground around the three existing catch basins on the north side of the lot appears 1ohave �
�
settled over time. The rims of these structures are no longer in the [ovv spot and should be
lowered and pave000uLadjusted.
3, The applicant's response to the configuration nfthe existing drainage oym1com is correct. �
4, The applicant's response to runoff from the site onto Orchard Hill Road via the driveway �
appears tubuincorrect. The grading around, rim elevation and location of the existing catch �
basin will not collect the runoff from the paved areas. h appears that a substantial portion of �
the paved area ou the site pitches 10 this point. { suggest u more thorough review bythe �
applicant's engineers. laon available Co meet onmito with the applicant's engineers if requested
to discuss the conditions, as they presently exist.
Sincerely,
Eugene P. Willis PE �
Town Engineer
cc file
NORTii '9q
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�SSACHU`���
PLANNING DEPARTMENT
Community Development Division
Agenda Item#1
TO: Planning Board
FROM: Judy Tymon,Town Planner
RE: North Andover Police Station. The Town of North Andover is proposing to renovate and put an
addition onto an existing two-story building at 1475 Osgood St., at the site of the former Merrimack Valley Credit
Union. The one-story addition of 3,064 sq.ft. is required for a new sallyport and police detention areas. The
addition will be placed on the western side of the building with the public entrance to remain on the Osgood St.side
of the building and a staff entrance on Orchard Hill Road side of the building. The addition will provide a more
secure environment for most police activity,which will be generally out of view of the public.
DATE: 2nd Review—March 16,2009
The:allowing information was included as part of the application:
Plans: Sheets 1 - 7, including Site Cover Plan,Renovated/New Site Plan; Floor Plans, Basement,First
Floor, Second Floor; Renovated New Elevations; Renovated New Elevations, Base Bid;
Site Cover Sheet updated Feb. 16,2009
All other sheets are dated February 28,2009
Scale: Various
Submitted by: Lieb Architects
Stonehill Corporation Center
999 Broadway, Suite 403
Saugus,MA 01906
Applicant: The Town of North Andover
Additional: Site Plan Review Application, dated February 12, 2009
Narrative
Memo from R. Santilli, dated March 12, 2009
SITE PLAN REVIEW:
i. NORTH ARROW/LOCATION MAP: A North Arrow is located on the upper right side of the plan.
Addressed.
ii. SURVEY OF LOT/PARCEL: The lot area is displayed on the plan. Map 34,Lot 16 consist of 82, 526 SF.
Addressed
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Requirements for Off-Street Commercial and Industrial Districts". The applicant's intent is to provide new
beds for future plantings that will conform to the details provided on the plan.Addressed.
xvi. REFUSE AREAS/DISPOSAL: The applicant has proposed an outdoor dumpster with fencing. Addressed
xvii. LIGHTING FACILITIES: There are parking lot area lights indicated on the plan. There will be no changes
to the current lighting of the parking lot or the building.Addressed
xxiii. DRAINAGE BASIN STUDY: See Section vii. Storm Drainage.Addressed
xix. TRAFFIC IMPACT STUDY: The applicant has provided information regarding the anticipated number of
staff to occupy the building as well as the anticipated hours of operation. The applicant has also estimated
that the volume of vehicular traffic is anticipated to be approximately 25% of the prior use. Based on this
information the applicant is requesting a waiver from the requirement to provide a traffic study. Addressed
xx. COMMONWEALTH REVIEW: The applicant has stated that no additional permits or information is
required by any agency of the Commonwealth. The applicant has stated that fact in the narrative and has
requested a waiver.Addressed
xxi. UTILITIES: There is an on-site septic system for the existing building. The applicant has provided a copy
of the as-built for the septic system.Addressed
xxii. FISCAL IMPACT: No fiscal impact study has been completed. The applicant has requested a waiver.
Addressed
xxiii. COMMUNITY IMPACT: No community impact study has been completed. The applicant has requested
a waiver. Addressed
rsrTr{u,Ar CO MMEINmc
Vl� \Ll L V �l�11� \11J
1. Stormwater Management: The applicant has provided information about the prior use of the site and has stated
that the paved impervious area of the site will be reduced as a result of this project.
2. Parking and Roadway Design: The applicant has had the plan reviewed by the Fire Department who has stated
that the plan provides for convenient and safe manipulation of safety vehicles. It should also be noted that
Orchard Hill Road is a town-accepted road and is maintained by the town.
3. The applicant has provided a plan showing that the project meets Section 8.4 of the Zoning Code, Screening
and Landscaping Requirements for Off-Street Commercial and Industrial Districts. The applicant will also be
provided additional planting areas according to the plan.
4. The applicant has applied for a Zoning Variance from the ZBA for a rear lot setback. The hearing for that
application has been scheduled for March 2009.
RECOMMENDATIONS:
The Planning Department requires no further information from the applicant at this time. The Planning Board
should consider the decision of the ZBA regarding the rear setback variance before making its decision.
Cc: applicant
Health Dept.
DPW
Fire Department
Building Department
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Judy
From: S8ndUi
Sent: Tuesday, March 31. 20O03:1OPM
/o: /ymun' Judy
Co: Belavanoo. Curt
Subject: NE: Draft copy of Site Plan Review Decision
Judy,
It appears that the document iaso ^boUerpkate"that most of it does not pertain to this project. However,lwould suggest
two modifications:
• Findings ofFacts, Paragraph 5 —substitute "The applicant has agreed 10 review and discuss the changes regarding
stormwater management, as requested hv the town cnghoor."
• Prior to the Start of Construction, Paragraph A — substitute "If changes are made to the otornnva1er management
system as outlined in the letter from town engineer B. Willis n:fbreuoud above, an updated site p\uu obuU be
provided tothe Planning Office.
9?a* Swnat
AyoistaotI own Manager �
&c Human Resources Director �
Town of North Andover �
From: Tvnnon, Judy �
Sent: Tuesday, March 31, 2009 12:18 PM �
To: SanUUiRay �
Cc: Be|lavance, Curt
Subject: Draft copy of Site Plan Review Decision
Ray,
Here is a draft copy of the decision for the Site Plan Review of 1475 Osgood St. It is pretty much a boilerplate document, �
with no requirements for bonds, etc You'll notice that | did leave room under#5 "Finding of Facts"for potential changes
to the plan based on Gene Willis' questions. As soon as you have resolved the issues with him, let me know and | will �
add itto the decision. Let me know if you have any questions.
Judy TymonvAICP
Town Planner
Town of North Andover
16OO Osgood St.
North Andover, MA 01945
ph: 978-688-9535
fax: 978-688-9542
1
URBELIS &FIELDSTEEL,LLP
155 FEDERAL STREET
BOSTON,MASSACHUSETTS 02 1 1 0-1 727
THOMAS J.URBELIS Telephone 617-338-2200 Andover
e-mail tju@uf-law.com Telecopier 617-338-0122 Telephone 978-475-4552
April 6, 2009
Albert P. Manzi, 111, Chair
Zoning Board of Appeals
1600 Osgood Street
North Andover, MA 01845
RE: POLICE STATION PROJECT
Dear Al:
You informed me that the Zoning Board of Appeals by a 3-2 vote requested an opinion as
to whether a special permit is required from the Board for the extension of a building for the
police station project.' Your Board has already voted to grant a variance for relief of the rear
setback in order to construct a one-story addition to a pre-existing structure on a pre-existing lot.
The question you presented to me as being raised by the Board related to a proposed
expansion of a pre-existing structure on a pre-existing nonconforming lot.
Section 9.1 of the Zoning Bylaw provides that:
"Any non-conforming building, structure, or use as defined herein, which
lawfully existed at the time of passage of the applicable provision of this or any
prior by Law or any amendment thereto may be continued subject to the
provisions of this Bylaw. Any lawfully non-conforming building or structure and
any lawfully non-conforming use of building or land may be continued in the
same kind and manner and to the same extent as at the time it became lawfully
non-conforming, but such building or use shall not at any time be changed,
extended or enlarged except for a purpose permitted in the zoning district in
which such building or use is situated, or except as may be permitted by a Special
Permit or otherwise by the North Andover Board of Appeals. Pre-existing non-
conforming structures or uses, however, may be extended or altered, provided that
It is my understanding that the Planning Board is holding hearings on a site plan special permit.
URBELIS &FIELDSTEEL,LLP
April 6, 2009
Page 2
no such extension or alteration shall be permitted unless there is a finding by the
Board of Appeals that such change, extension, or alteration shall not be
substantially more detrimental than the existing non- conforming use to the
neighborhood. When a pre-existing structure has been made nonconforming due
to changes in the lot size required by this bylaw, such structure may be extended
or altered based on a finding by the Zoning Enforcement Officer that such
structure after the change meets all current zoning requirements except for lot
size. (1995/43)
The police station is an allowed use on the subject parcel. .Furthermore, the draft decision
of your Board granting a variance for the rear setback states:
"The Board finds that desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially derogating
from the intent or purpose of the North Andover Bylaw."
This finding by your Board could be interpreted as the finding required in Section 9.1 of
the Zoning Bylaw that such change, extension, or alteration shall not be substantially more
detrimental than the existing non-conforming use to the neighborhood. However, if your Board
believes that the extension will not be substantially more detrimental and does not consider the
language in the draft decision to be sufficient to comply with 9.1, then the Board should revise
the language in the decision to also include the language in 9.1 verbatim.
This property is in the Corridor Development District 3 (CDD3). Section 16.5 of the
Zoning Bylaw states in part:
"The following uses may be allowed in the Corridor Development Districts by
granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw:
1. No building or structure in excess of 3,000 gross square feet of building
area shall be constructed, reconstructed, erected or altered in the Corridor
Development District without the granting of the Special Permit. The
granting of the special Permit shall be pursuant to Section 8.3 and 10.3 of
the bylaw and subject to the following conditions."
URBELIS &FIELDSTEEL,LLP
April 6, 2009
Page 3
Various conditions are then listed. Since the 3,000 gross square feet threshold is
exceeded here, it appears that a Special Permit from the Planning Board is required pursuant to
the foregoing section of the Bylaw. Section 16.9 states:
"Procedures for submission of application and plan:
1. The applicant shall file eight (8) copies of Corridor Development District
Plan, supporting materials, filing and outside engineering review escrow
fees, and three (3) copies of the form titled `Corridor Development District
Special Permit Application" to the Planning Board. The Town Planner
shall certify that the plans and materials submitted have been time
stamped by the Town Clerk's Office and meet the submittal requirements.
2. The Planning Board, within sixty-five (65) days from receipt of the plan
by the Town Clerk, shall determine whether the proposed project is
generally consistent with criteria of the paragraph 16.1 of this Section.
The Planning Board will review the plans during a public hearing process
and will receive comments from the public, other Town Departments, and
the applicant.
3. The applicant must follow the procedures for obtaining a Special Permit as
set forth in Section 10.3 of the Zoning Bylaw.
4. If applicable, the applicant must follow the procedures for Site Plan
Review under Section 8.3, Site Plan Review."
It is my understanding that such an application has not been filed yet.
Please call if you have any questions or if there is anything else you need.
Very truly yours,
Thomas . Urbelis
TJU/kmp
cc: Zoning Board of Appeals
Mark Rees
Ray Santilli
Curt Bellavance
Judy Tymon
Gerald Brown
Tymon, Judy
From: Tymon, Judy
Sent Monday, April 27' 2000Q:58AM
/o: oanum. nuy
Cc: Bel|ovanoe. Curt
Subject: Planning Board meeting May G
n*v'
Just Lo let you know, regarding Gene's requested changes to the plan for 1475 Osgood St., I think the PB will want to
have evidence ot the meeting that you have addressed Gene's issues. They usually want to have assurance that Gene
has signed-off on the project and that his questions have been answered. | think the decision can be worded asfollows:
Under Findings of Fact:
��-��
"The applicant has agreed to mal e he following changes bn the plan: (List changes)
PriortoStartofCons1ructior�: "A|| mhangestuthestornnvvatersystennraqueatedbvthetow/nenQineerand |iatedabove
will be shown nnan updated site plan as well ason the final as-built p|on."
This way,you won't have to change the existing set of plans but you will have addressed Gene's issues before the PB
votes on the project. Let me know if you have any questions.
�
Judy lrymon, AICP
�
Town Planner
�
Town of North Andover
16OO Osgood St. �
North Andover, MA 01945 �
/
ph: 978'688-9535
fax: 978-688-9542
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