HomeMy WebLinkAboutDecision - 1600 OSGOOD STREET 7/22/2005 �10RT//
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NOTICE OF DECISION
Any appeal shall be filed
within(20) days after the
date of filing this Notice
in the office of the Town Clerk.
Date: July 22,2005
Date of Hearings: June 7 -July 5, 2005
Petition of: Ozzy Properties, Three Dundee Park,Andover,MA 01810
Premises Affected: 1600 Osgood Street,North Andover,MA 01845
Map 34, Parcel 17
(formerly Lucent building)
Referring to the above petition with provis'on of M.G.L. Chapter 40A, Section 9, 11, &
Section 8.3, 10.3, of the North Andover fining Bylaw for a Site Plan Review Special
Permit so as to allow for the construction of a new 410 +/- space parking lot, entry plaza,
walkways, site lighting and landscape improvements to the East side of Buildings 20&
21 at 1600 Osgood Street,North Andover, MA. Property is located within the I-2 zoning
district.
At a public hearing given on the above date, the Planning Board voted to APPROVE a
Site Plan Review Special Permit, upon a motion made by Alberto Angles, 2°d by James
Phinney, that the plan will be done per the satisfaction of the Planning Board with
language as amended, vote was unanimous 4-0.
Sign
Lincoln Daley, TXn Planner
cc: Applicant
Engineer Richard Nardella, Chairman
Abutters John Simons, Vice Chair
Town Departments James Phinney, Clerk
Alberto Angles
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Site Plan Review-Special Permit Map 34,Lot 17
1600 Osgood Street
July 19,2005
The Planning Board herein approves the Special Permit/Site Plan Review for the construction of
a 410-space parking lot, associated walkways, site lighting, and landscaping and new entry plaza
to service the existing buildings located at 1600 Osgood Street. The site improvements will be
constructed east of buildings 20 and 21 and is located within the Industrial-2 (12) Zone on
Assessors Map 34, Lot 17. This Special Permit was requested by 1600 Osgood Street LLC, c/o
Ozzy Properties, Inc. Three Dundee Park, Andover, MA 01810. This application was filed with
the Planning Board on May 6, 2005. The applicant submitted a complete application which was
noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North
Andover Zoning Bylaw and MGL c.40A, sec. 9.
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaws Section 8.3 and 10.3:
FINDINGS OF FACT:
1.• The specific site is an appropriate location for the project involving the construction of a 410-
space parking lot, associated walkways, site lighting, and landscaping and new entry plaza to
service the buildings 20 and 21. The site is zoned Industrial-2 and contains over 2.0 million
square feet of office, manufacturing and warehouse space. The proposed parking lot satisfies
the 50' setback for open space and provides significantly enhanced landscape buffer from
Route 125;
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has
been provided along the frontage of Osgood Street. The landscaping has been placed so as to
enhance the appearance along the frontage of Osgood Street and in accordance wit the
landscaping and site plans referenced in Condition#21. All plantings and screening depicted
on the approved plans referenced herein, shall remain in perpetuity over the life of the
project.
a. Shade Trees: There will be 37 Little Leaf Linden trees 2.5" — 3" in caliper, 5 Sugar
Maple Trees 2.5" — 3" in caliper, 15 Red Maple trees 2.5" — 3" in caliper, as well as
Bradford Pear trees 2.5"—3".
b. Ornamental Trees: There will be 4 Eastern Redbud Trees 8'-10' in height, 11 Flowering
Dogwood trees 8'-10' in height, 10 Shadblow trees 8'-10' in height, 16 clump Heritage
River Birch trees 10'-12' in height, as well as 30 Sargent Cherry trees 6'-7' in height.
c. Conifers: There will be 14 Colorado Blue Spruce trees 6'-7' in caliper and 5 Austrian
Pine trees 6'-7' in caliper.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has
demonstrated that the proposed improvements will not increase traffic flow or volumes, will
improve on-site circulation, and provide for enhanced pedestrian connections throughout the
property;
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as
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Site Plan Review- Special Permit Map 34,Lot 17
1600 Osgood Street
July 19,2005
amended by the Planning Board, of the North Andover Zoning Bylaw;
5. The site drainage system is designed in accordance with the Town Bylaw requirements and
has been reviewed and approved by the Outside Consulting Engineer, Vanasse, Hangen
Brustlin, Inc;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section
8.3 of the Zoning Bylaw except for any waivers granted in Condition 18;
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use. The project includes the construction of a stormwater detention pond and grading
sufficient to hold the increase in runoff resulting from the new impervious surface.
Finally the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Section 8.35, but requires conditions in order to
be fully in compliance. The Planning Board hereby grants an approval to the applicant provided
the following conditions are met:
SPECIAL. CONDITIONS:
1. Environmental Monitor: The applicant shall designate an independent environmental monitor
who shall be chosen in consultant with the Planning Department. The Environmental
Monitor must be available upon four (4) hours' notice to inspect the site with the Planning
Board designated official. The Environmental Monitor shall make weekly inspections of the
project and file monthly reports to the Planning Board throughout the duration of the project.
The monthly reports shall detail area of non-compliance, if any and actions taken to resolve
these issues. The designated monitor may not be applicant and/or developer
2. Construction Monitor: The applicant shall designate an independent construction monitor
who shall be chosen in consultant with the Planning Department. The construction monitor
must be available upon four (4) hours' notice to inspect the site with the Planning Board
designated official. The Construction Monitor shall make weekly inspections of the project
and file monthly reports to the Planning Board throughout the duration of the project. The
monthly reports shall detail area of non-compliance, if any and actions taken to resolve these
issues. The designated monitor may not be the applicant and/or developer.
3. Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
a. The final plan must be reviewed and approved by the DPW and the Town Planner and
subsequently endorsed by the Planning Board. The final plans must be submitted for
review within ninety days of filing the decision with the Town Clerk.
b. A bond in the amount of$3,000.00 must be posted for the purpose of insuring that a final
as-built plan showing the location of all on-site utilities, structures, curb cuts, parking
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Site Plan Review-Special Permit Map 34,Lot 17
1600 Osgood Street
July 19,2005
spaces, topography, and drainage facilities is submitted. The bond is also in place to
insure that the site is constructed in accordance with the approved plan. The form of
security must be acceptable to the Planning Board.
c. If applicable, the applicant must supply a copy of the approved Massachusetts Highway
Department permits necessary for construction of the site to the Planning Department.
4. Prior to the start of construction:
a. A construction schedule shall be submitted to the Town Planner for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
b. During construction, the site must be kept clean and swept regularly.
c. It shall be the responsibility of the developer to assure that no erosion on the site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public
ways, except as normally ancillary to off-site sewer or other off-site construction. Off-
site erosion will be a basis for the Planning Board making a finding that the project is not
in compliance with the plan; provided, however, that the Planning Board shall give the
developer written notice of any such finding and ten days to cure said condition.
d. The applicant shall provide the Planning Board with copies of permits, plans and
decisions received from all other town boards, commissions or departments. In addition
to receipt of these plans, the applicant shall supply the Town Planner with a letter
outlining any and all revisions resulting from said permits, plans and decisions received
from other town boards, commissions and departments that differ from the approved
plans referenced in Condition#21.
5. Prior to FORM U verification (Building Permit Issuance):
a. The Planning Board must endorse the final site plan mylars and three (3) copies of the
signed plans must be delivered to the Planning Department.
b. One certified copy of the recorded decision must be submitted to the Planning
Department.
6. Prior to verification of the Certificate of Occupancy:
a. The applicant must submit a letter'from the architect and engineer of the project stating that
the building, signs, landscaping, lighting and site layout substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
b. The Town Planner shall approve all artificial lighting used to illuminate the site. All
lighting shall have underground wiring and shall be so arranged that all direct rays from
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Site Plan Review-Special Permit Map 34,Lot 17
1600 Osgood Street
July 19,2005
such lighting falls entirely within the site and shall be shielded or recessed so as not to
shine upon abutting properties or streets. The Town Planner shall review the site. Any
changes to the approved lighting plan as may be reasonably required by the Town
Planner shall be made at the owner's expense. All site lighting shall provide security for
the site and structures however it must not create any glare or project any light onto
adjacent residential properties.
c. Any revisions to the approved signage plans must conform to Section 6, Signage and
Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be
approved by the Building Department. All additional permits must be obtained by the
applicant prior to construction.
7. Prior to the final release of.security:
a. The Town Planner shall review the site. Any screening as may be reasonably required by
the Town Planner will be added at the applicant's expense. Specifically after the
detention pond is completed, the Town Planner will review the site and any screening as
may be reasonably required by the Town Planner will be added at the applicant's
expense.
b. A final as-built plan showing final topography, the location of all on- site utilities,
structures, curb cuts, parking spaces and drainage facilities must be submitted to and
reviewed by the Town Planner and the Division of Public Works.
8. Any stockpiling of materials (dirt, wood, construction material, etc.)must be shown on a plan
and reviewed and approved by the Town Planner. Any approved piles must remain covered
at all times to minimize any dust problems that may occur with adjacent properties. Any
stockpiles to remain for longer than one week must be fenced off and covered.
9. In an effort to reduce noise levels, the applicant shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from the
structures or site.
10. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday
through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday and Sunday.
11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in
this decision that die within one year from the date of planting shall be replaced by the owner
(by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity).
The replacement plants shall match the size and species as indicated and approved in
Paragraph#2, in the Findings of Fact made as a part of this decision.
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
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Site Plan Review- Special Permit Map 34,Lot 17
1600 Osgood Street
July 19,2005
13. Gas,Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
14.No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
15. 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.
16. All snow storage is to be removed from the site and no snow shall be dumped into the
detention basin or adjacent to the wetland. All snow storage that is stockpiled,temporarily
shall be located in the temporary snow stockpile areas denoted on the plan. Snow storage
shall not result in the loss of parking spaces except during prompt removal operations.
17. 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.
18. The project will be built in accordance with the herein referenced plans and specifications
and in full accordance with the design elements and features displayed and discussed during
the Public Hearings. Any revisions shall be submitted to the Town Planner for review in
accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole
discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant
must submit revised plans to the Planning Board for approval.
19. This Special Permit approval shall be deemed to have lapsed after July 19,2007 (two years
from the date permit granted) unless substantial use or construction has commenced.
Substantial use or construction will be determined by a majority vote of the Planning Board.
20. The following waivers from the Section 8.3.5.e of the North Andover Bylaw have been
GRANTED by the Planning Board:
a. A waiver to Section 8.3.5.e.vi has been granted so as to allow the applicant not to provide
a table showing the zoning information, parking, and setbacks.
b. A waiver to Section 8.3.5.e.ix has been granted so as to allow the applicant not to require
a drawing of the exterior of the buildings as the buildings already exists.
c. A waiver to Section 8.3.5.e.x has been granted so as to allow the applicant not to show
all existing and proposed parking on plans due to the relative size of the site and limits of
the proposed parking.
d. A waiver to Section 8.3.5.e.xii has been granted so as to allow the applicant not to
provide a fiscal impact study, as the buildings already exist.
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Site Plan Review- Special Permit Map 34,Lot 17
1600 Osgood Street
July 19,2005
e. A waiver to Section 8.3.5.e.xiii has been granted so as to allow the applicant not to
provide a community impact analysis, as the buildings already exist.
f. A waiver to Section 8.3.5.e.xix has been granted so as to allow the applicant not to
provide a traffic study. The resulting construction will not increase the historic traffic
flow or volumes as the parking is being provided to service existing buildings.
21. The following information shall be deemed part of the decision:
Plan Titled: Preliminary Parking Lot Plans For Buildings 20 &21
1600 Osgood Commerce Center
Prepared for: 1600 Osgood Street LLC,Three Dundee Park,Andover,MA 01820
Prepared By: Huntress Associates, Inc., 17 Tewksbury Street, Andover, MA 0 18 10
Marchionda& Associates, LP, 62 Montvale Avenue, Suite One, Stoneham, MA
02180.
Scale: 1"=40'
Sheets: 1-3, L-1 through U.
Date: May 4, 2005
Plan Titled: Delineated Wetlands and Riverfront Areas
(Aerial Photography)
Prepared for: 1600 Osgood Street LLC,Three Dundee Park, Andover, MA 01820
Prepared By: Epsilon Associates, Inc., 150 Main Street, Maynard,MA 01754.
Scale: 19'=400'
Date: September 9,2004
Report Titled: Drainage Report for 1600 Osgood Commerce Center
Building 20&21 Parking Lot
Dated: May 20,2005.
Prepared By: Marchionda & Associates, LP, 62 Montvale Avenue, Suite One, Stoneham, MA
02180.
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