HomeMy WebLinkAboutDecision - 150 FLAGSHIP DRIVE 7/21/2006 4 µORTH S
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have is a certify that ateof decision, Town of North Andover 2006 JUL 21 PM 5: 34
have elapsed from date of decision,filed
without filing of an appeal. Planning Department
Date '�' , 1600 Osgood Street,Bldg.20,Suite 2-36 -10 Yi H
Boyce A.Bradshaw North Andover,Massachusetts 01845 1408 T H �y l)G'
Town Cleric ,�
Phone: 978-688-9535 Fax: 978-688-9542 M A S S b C I
NOTICE OF DECISION ATTEST:
A True Copy
Any appeal shall be filed py—
within(20) days after the Town Clerk
date of filing this Notice
in the office of the Town Clerk.
Date: July 21,2006
Date of Hearings: June 20,2006
Petition of. Channel Building Company,Inc.
355 Middlesex Ave.,Wilmington,MA 01887
Premises Affected: 150 Flagship Drive,North Andover, MA 01845
Map 25, Parcel 82
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Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, 0� c,
Section 8.3, 10.3 1, of the North Andover Zoning Bylaw for a Site Plan Review Special
Permit so as to allow for the construction of 11,074 s.f warehouse addition to the N
existing 50,000 s.f existing warehouse located in the Industrial 1 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 CD
Richard Rowen with language as amended, vote was unanimous 5-0.
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Sign ry
Lincoln D y, Town P anner cn
cc: Applicant Richard Nardella, Chairman
Engineer John Simons, Vice Chairman
Abutters Alberto Angles
Town Departments Richard Rowen, acting Clerk
Jack Green
Channel Building Company, Inc.
150 Flagship Drive, Map 25, Lot 82
Site Plan Special Permit
The Planning Board herein approves the Site Plan Special Permit for the construction 11,074
square foot addition of a warehouse to the exiting 50,000 square foot industrial building located
in the Industrial I (I-1) Zoning District. The property is located at 150 Flagship Drive, Assessors
Map 25, Lot 82 and consists of 9.735 acres. This special permit was requested by Channel
Building Company, Inc., 355 Middlesex Avenue, Wilmington, MA 01887 for property owned by
Flagship, LLC., 150 Flagship Drive, North Andover, MA 01845. This application was filed with
the Planning Office on May 4, 2006. 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 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 as it is zoned for industrial use.
2) The use, as developed, will not adversely affect the neighborhood as the site is located in the
industrial park and sufficient buffer zones have been created to shield the use from adjacent
residential properties.
3) There will be no nuisance or serious hazard to vehicles or pedestrians as the project has been
designed to include the proposed 11,074 square foot addition in the calculation and design of
the parking lot, number of spaces, and site access and egress.
4) The landscaping approved as part of this plan meets the requirements of Section 8.4 of the
North Andover Zoning Bylaw with review by the Planning Board.
5) The site drainage system and storm water management design are designed in accordance
with the Town Bylaw requirements and was previously approved by the Planning Board on
July 3, 1996.
6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section
8.3 of the Zoning Bylaw;
7) Adequate and appropriate facilities will be provided for the proper operation of the proposed
use and was previously approved by the Planning Board on July 3, 1996.
8) In addition to the conditions set forth in this decision, the project shall adhere to the
conditions stated within the July 3, 2006 Planning Board decision.
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, 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:
Page 1
` Channel Building Company, Inc.
150 Flagship Drive, Map 25, Lot 82
Site Plan Special Permit
SPECIAL CONDITIONS:
Permit Definitions:
i) The "Locus"refers to the 424,048 s.f. parcel of land with land fronting on Flagship
Drive on Assessors Map 25, Lot 82, and also known as 150 Flagship Drive, North
Andover, Massachusetts.
ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated May 2,
2006, revised July 6, 2006 entitled "Site Plan, Assessors Map 25 — Lot 82, 150
Flagship Drive, North Andover, Massachusetts, Prepared for: Channel Building
Company, Inc., 242 Neck Road, Haverhill, Massachusetts 01830"
iii) The"Project"or"150 Flagship Drive"refers to the development of 1 1,074 s.f.
warehouse addition as the southeast corner of an existing 50,000 s.f. warehouse
facility.
iv) The"Applicant"refers to Channel Building Company, Inc., the applicant for the
Special Permit.
v) 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.
1) The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning and Community Development Staff. 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) The applicant shall designate an independent construction monitor who shall be chosen in
consultation 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.
3) Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
Page 2
Channel Building Company,Inc.
150 Flagship Drive, Map 25, Lot 82
Site Plan Special Permit
A) The final plans must be reviewed and approved by the Planning Department and be
endorsed by the Planning Board. The final plans must be submitted for review within
ninety (90) days. Failing submission of required final plans within 90 days will render
this Special Permit null and void.
4) Prior to the start of construction:
A) A construction schedule shall be submitted to the Planning and Conservation
Departments for the purpose of tracking the construction and informing the public of
anticipated activities on the site.
B) All applicable erosion control measures as shown on the plan must be in place and
reviewed and approved by the Planning and Conservation Departments.
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) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown
on the plan. The Planning Department must be contacted prior--to any cutting and or
clearing on site.
E) A pre-construction meeting must be held with the developer, their construction
employees, Planning Department, and Conservation Department to discuss scheduling of
inspections and inspections to be conducted on the project.
F) A site opening/erosion control bond shall be in the total amount of three thousand
dollars ($3,000.00) for the purpose of covering any contingencies that might affect the
public welfare such as site opening, clearing, erosion control and performance of any
other condition contained herein. The Guarantee shall be in the form of a bond
acceptable to the Town and made payable to the Town of North Andover escrow account.
G) A bond in the amount of three thousand dollars ($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 spaces, topography, and drainage facilities are submitted.
The bond is also in place to insure that the site is constructed in accordance with the
approved plan. This bond should be in the form acceptable to the Town and made
payable to the Town of North Andover escrow account.
Page 3
Channel Building Company, Inc.
150 Flagship Drive,Map 25,Lot 82
Site Plan Special Permit
5) Prior to the issuance of a Building Permit:
A) Three (3) copies of the signed, recorded plans must be delivered to the Planning
Department.
B) One certified copy of the recorded decision must be submitted to the Planning
Department.
C) The applicant shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and
hydraulic calculations for each commercial system shall be submitted for review
and approval by the North Andover Fire Department. Plans and hydraulic
calculations for each commercial system must also be supplied to the Building
Department.
6) During construction:
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as
directed by the Town Planner,throughout the construction process.
B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt,
wood, construction material, etc.) and 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 potential dust and be required to install appropriate erosion control measures.
Any stockpiles to remain for longer than one week must be fenced off and be seeded.
C) In an effort to reduce noise levels, the developer shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from the
structures or site. Covenants were filed several years ago relative to noise level.
` ) Prior to the issuance of a 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. 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 anticipated occupancy.
B) The Planning Staff 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
such lighting falls entirely within the site and shall'be shielded or recessed so as not to
Page 4
Channel Building Company, Inc.
150 Flagship Drive, Map 25,Lot 82
Site Plan Special Permit
shine upon abutting properties or streets. The Planning Staff shall review the site. Any
changes to the approved lighting plan as may be reasonably required by the Planning
Staff shall be made at the owner's expense. All site lighting shall provide security for the
site and structures however it must not create any glare or project any light onto adjacent
residential properties.
C) The commercial fire sprinkler systems must be installed in accordance with referenced
standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts
State Building Code. Certification that the systems have been installed properly in
accordance with the above referenced regulations must be provided from both the North
Andover Fire Department and the North Andover Building Department to the applicant.
The applicant must then provide this certification to the North Andover Planning
Department.
8) Prior to the final release of all security and escrowed funds:
A) The Planning Staff and Planning Board shall review the site. Any screening as may be
reasonably required or relocated by the Planning Board 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 structures and facilities must be
submitted to the Planning Department.
9) General conditions:
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved
in this decision and the July 3, 1996 decision that die must be replaced by the project
owner in perpetuity.
B) Should the Project Owner transfer ownership of the project and/or property, the buyer
shall meet with the Planning Board to provide an update on the status of the project.
C) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
D) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
E) No underground fuel storage shall be installed.
F) All signs must be consistent with the signage currently on site and must comply with the
sign bylaw.
Page 5
Channel Building Company, Inc.
150 Flagship Drive, Map 25,Lot 82
Site Plan Special Permit
G) All mechanical devices (i.e. HVAC, vents, etc.) which may be visible from any
surrounding roadways shall be placed on the rear roof line.
H) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday
through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
I) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
J) 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.
K) 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.
L) This Special Permit approval shall be deemed to have lapsed two years after the date of
the grant of this special permit granted on July 18, 2008, 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.
M) This Site Plan Review Special Permit approval is based upon the following information
which is incorporated into this decision by reference:
1) Plan titled: Site Plan,Assessors Map 25—Lot 82
150 Flagship Drive, North Andover, Massachusetts,
Prepared for: Channel Building Company, Inc.
242 Neck Road, Haverhill, Massachusetts 01830
Prepared by: MHF Design Consultants,Inc.
12-B Manor Parkway
Salem,NH 03079
Scale: 1"=407
Date: May 2,2006,Revised July 6,2006
Sheets: 1
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
Page 6
Channel Building Company,Inc.
150 Flagship Drive, Map 25,Lot 82
Site Plan Special Permit
File
Page 7