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HomeMy WebLinkAboutDecision - 102 PETERS STREET 10/1/2013 %AORTPI .t�RD 16 0 f k l c 4? e 4 COC MCA W,CA 4^' �0�AYED FPS t�.y "�s CHUS PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover,Massachusetts, 01845 SITE PLAN REVIEW MODIFICATION DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: October 1, 2013 Date of Hearing: August 6, 2013, September 3, 2013, September 17, 2013 and October 1, 2013 Date of Decision: October 1, 2013 Petition of: Peters Street Associates,LLC c/o Jeffrey D. Sheehy PO Box 3099 Andover, MA 01810 Premises Affected: 102 Peters St. Assessors Map 24 Lot 21 Referring to the above petition for a Modification of a Site Plan Special Permit, from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31, and M.G.L. c.40A, Sec. 9. So as to modify a previously approved Site Plan Review Decision for an office building at the above address and allow the building to be used as a Day Care Center Business-4 (B-4) Zoning District. After a public hearing given on the above date, and upon a motion by R. Rowen and 2"a D. Kellogg by to APPROVE the Site Plan Special Permit Modification as amended and based upon the following conditions. The vote was 5—0 to approve the application. O behalf of the N h Andover Planning Board John Simons, Chairman Richard Rowen Michael Colantoni Dave Kellogg Lora McSherry 1 102 Peters St. Map 24,Parcel 21 Site Plan Special Permit Modification Decision The Planning Board herein APPROVES a Site Plan Review Special Permit Modification for the use of a 2,745 sq. ft. single story commercial building, with eleven (11) parking spaces, associated landscaping, stormwater management and installation of utilities as a Day Care Center. The project is located at 102 Peters Street, North Andover, Massachusetts, 01845, Assessors Map 24, Parcel 21 within the Business-4 (B-4) Zoning District. The parcel totals approximately 13,315 sq. ft. with frontage on Peters Street. This Special Permit Modification was requested by Peters Street Associates, LLC, c/o Jeffery D. Sheehy, PO Box 3099, Andover, MA 01810. The application was filed with the Planning Board on or about July 3, 2013. The public hearing on the above referenced application was opened on August 6, 2013 with additional hearings on September 3,2013, September 17, 2013, and closed by the North Andover Planning Board on October 1, 2013. 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 applicant had previously applied for and received Site Plan Review approval for the construction of a 2,745 sq. ft. single story commercial building,with eleven(11)parking spaces, associated landscaping, stormwater management and installation of utilities. This Special Permit was granted by the Planning Board on April 3, 2012. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project although it does not comply with the town's requirements for off-street parking for a Day Care Center. According to the town's Zoning Bylaw, section 8.4.a. Table of Off-Street Parking Regulations, the required number of spaces for a Day Care Center are .35 per person(licensed capacity). The applicant is proposing a Day Care Center with 39 person capacity, which would require 14 parking spaces and the existing site has 11 Off-Street parking spaces. The Planning Board has denied a request for a waiver from strict compliance with the requirement for Off-Street Parking and the applicant is restricted to a 31 student capacity for the proposed Day Care Center. 2) There are sufficient parking spaces to accommodate a capacity of 31 students. The Traffic Review submitted by the Planning Board's Peer Reviewer concluded that the confined nature of the parking lot would be appropriate for use as a Day Care Center only if conditions for operation of the Day Care Center, as outlined,in sections 5.C, 5:D., 5.E and 5.F of this decision, are implemented. 3) The project is in compliance with Zoning in that it received a Special Permit from the Zoning Board of Appeals in accordance with Section 9.1 and a variance from sections 7.1.1, 7.2 7.3 and 9.1 of the town's Zoning Bylaw. Section 9.1 allows for a building or structure to be changed, altered or enlarged except as may be permitted by a Special Permit, which was 2 102 Peters St. Map 24,Parcel 21 Site Plan Special Permit Modification Decision granted by the ZBA on November 8, 2011. 4) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3.5, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1) Permit Definitions: A) The "Locus" or "Site" refers to the 13,315 sq. ft. parcel of land with land fronting on Peters Street as shown on Assessors Map 24, Parcel 21, and also known as 102 Peters Street,North Andover, Massachusetts. B) The "Plans" refer to the plans prepared by Andover Consultants Inc., 1 East River Place, Methuen, MA 01844, entitled "Proposed Site Plan 102 Peters Street, North Andover, Mass.", dated December 13, 2011, as most recently revised on September 24, 2013, consisting of Sheets 1 through 3. C) The "Project" refers to the change in use at 102 Peters St. from an office/commercial building to the use as a Day Care Center in the Business-4 Zoning District. D) The "Applicant" refers to Peters Street Associates, LLC, c/o Jeffrey D. Sheehy, PO Box 3099, Andover MA 01810, the applicant for the Special Permit Modification, its successors and assigns. E) 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. 2) The occupancy of the Day Care Center shall be limited to 31 students,plus staff members. 3) Waivers: The Applicant has requested waivers from the provisions of the Town of North Andover Zoning Bylaw, including Section 8.4.a Table of Off-Street Parking Regulations. As part of this decision, the Planning Board has not granted the above waiver, in that it has found that the existing parking lot with 11 spaces can accommodate a capacity of 31 students 4) PRIOR TO ENDORSEMENT OF PLANS A) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover land use Boards. 5) PRIOR TO A CERTIFICATE OF OCCUPANCY A) The applicant must submit a letter from the architect and engineer of the project stating that the building, 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 3 102 Peters St. Map 24,Parcel 21 Site Plan Special Permit Modification Decision 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 the use of the building. B) The applicant must submit two (2) copies of the recorded decision and plans to the Planning Office. C) The applicant shall implement an active drop-off/pick-up management policy and a parking plan such that no more than five (5) vehicles arrive or depart in a 15 minute period in order to limit traffic and parking demands to a level that is commensurate with available parking supply afforded by the site and to allow sufficient time for vehicles to exit in the context of queuing at the Turnpike St./Peters St. intersection. A copy of the drop-off/pick-up policy and parking management plan shall be provided to the Planning Office for review. D) The three (3) parking spaces located along the east side of the Project site and proximate to Peters St. shall be designated as employee parking. E) The applicant will install the following mitigation measures, as outlined in the applicant's traffic consultant report, authored by Dermot Kelly, dated August 5,2013: a) Install a DO NOT BLOCK INTERSECTION sign (MUTCD reference # R10-7) in advance of the intersection of the project site drive along Peters St., facing eastbound traffic. b) Install DO NOT BLOCK pavement markings on Peters St. in the eastbound lane adjacent to the site drive. c) Modify the exiting Double Yellow Centerline (DYCL) pavement marking on Peters St., as show on the "Alternative Mitigation Measures Plan" submitted as part of the DJK memo dated August 14, 2013. d. The Applicant must provide a letter from MA DOT stating that they approve the changes. F) The applicant shall hire an independent traffic consultant to monitor traffic conditions. The monitor shall produce a report to be delivered to the Town Planner for review. The monitoring shall be conducted for two days, at peak morning and evening hours and shall be provided 12-months after full occupancy and will include the following: a) Traffic counts at the driveway serving the facility in order to ascertain the volume of traffic generated by the site on a daily and peak-hour basis. b) A Parking Occupancy-Study, conducted between 7AM and 9AM and from 3PM to 6PM recording the number of vehicles parked within the day care center parking lot,reported in 5-minute intervals during the observation period. This study must also include information regarding pedestrian movements within the parking lot as well as pedestrian 4 102 Peters St. Map 24,Parcel 21 Site Plan Special Permit Modification Decision and vehicle accidents. c) Motor Vehicle Crash Reports obtained from the North Andover Police Department for the intersection of the site driveways and Peters St. and a crash report for the site driveway and parking lot, for the most recent three-year period available. Motor Vehicle Crash Reports must also be obtained for the intersection of Peters St. and Route 114. d) The monitoring shall be conducted either between April and June or September and October. e) If during the monitoring period, in the opinion of the Planning Board, based on data in the reports, the approved plan creates a hazardous condition, the Planning Board may require a modification to the Special Permit. G) All stormwater structures shall be cleaned, in accordance with the approved Stormwater Operation&Maintenance Plan. H) The applicant must install a solid cover on the catchbasin located in the grassed area in the rear of the building. 6) 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, including invert elevations of all stormwater structures, must be submitted to the Planning Department. The as-built must be provided in paper form as well as in SDF (Standard Digital File) format. The as- built shall also provide a calculation showing the increase in impervious area. The applicant must also submit a letter from the architect and engineer of the project stating that the building, 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 the use of the building. C) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) GENERAL CONDITIONS 5 102 Peters St. Map 24,Parcel 21 Site Plan Special Permit Modification Decision A) If a dumpster is required once the building is occupied, the owner shall apply to the Board of Health for the appropriate permit. The location of the dumpster must be approved by the Planning Office. B) 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. C) 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. D) 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. E) This Special Permit approval shall be deemed to have lapsed after October 1, 2015 (two years from the date permit granted), 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 any site grading or tree clearing. F) The following information shall be deemed part of the decision: Plan titled: Proposed Site Plan 102 Peters Street North Andover, Mass. Prepared for: Dundee Properties, LLC PO Box 3099 Andover, MA 01810 Prepared by: Andover Consultants Inc. 1 East River Place Methuen, MA 01844 Scale: l"=20' Date: Dated December 13, 2011, last revised on September 24,2013. Sheets: 1 through 3. Conceptual Landscape Plan:102 Peters Street North Andover,MA 01845 Prepared by: Huntress Associates,Inc. 17 Tewksbury Street Andover,MA 01810 Date: August 4,2011,last revised on February 29, 2012 Sheets: L-1 Stormwater Report: 102 Peters Street Dated: December 14,2011, last revised February 27,2012 Traffic Report: 102 Peters St. Ref: 822 6 102 Peters St. Map 24,Parcel 21 Site Plan Special Permit Modification Decision Prepared by: Dermott J. Kelly Associates, PE,PTOE Date: December 28, 2011, June 30, 2013, August 14, 2013, August 22, 2013, August 28, 2013, September 26,2013 cc: Town Departments Applicant Engineer Abutters Assessor 7