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HomeMy WebLinkAboutDecision - 163 TURNPIKE STREET 10/24/2006 V40 R Tfl o�"CLAD $m quo Town of orth.Andover .r Office of the Planming Department .,, Community Development and Servi ces Divi Eli �,n A6AAT0°r��y 1600 Osgood Street :.. ` 1SSACNUS R North.Andover, Massachusetts 01845 f" NOTICE OF DECISION Any appeal shall be riled within (20) days after the date of riling this notice in the office of the Town Clerk, Date: October 24, 2006 Hate of Hearings August 1 thru October 17, 2006 Petition of: Holmes Realty Trust, c/o Seng Ea 163 Turnpike Street, North Andover,MA 01845 Premises Affected: 163 Turnpike Street,North Andover, AM 01845, within the Residential 4 Zoning District, Assessors Map 24 Lot 19 Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 83, 2iii, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to allow: to construct 8 parking spaces for a 1,200 sf. office and residential unit mixed-use development, limited grading work, drainage utilities, and landscaping within the Residential 4 Zoning District. After a public hearing given on the above date, the Planning Board voted with an unanimous vote to APPROVE A SITE PLAN SPECIAL PERMIT based upon the following conditions: North An ver Planning Board Richard Nardella, Chairman Alberto Angles Jennifer Kusek Richard Rowen cc: Town Departments Applicant Engineer Abutters 163 Turnpike 0bout,Map%4 Lot 1P ' Site Plan Special Permit—Construction o[8space parking lot October |7,2O06 The Planning Board herein approves the Site Plan 8Peoio| Permit to cooSbn(t 8 parking spaces for a 1,200 8f office and residential unit mixed-use deYC}0pDleDL, limited grading work, drainage utilities, and landscaping. The parking lot and mixed-use building is located u lh] Turnpike Sbr*C, }\yuomaoz`m Map 24, Parcel lQ u the Residential 4 (84)Zoning District. The parcel io comprised of approximately 18,238 s.f. with frontage on Turnpike Street and Peters Street. This Special Pen-nit was requested hy Holmes Realty Trust, c/o SoogEa, 163 Turnpike Street,North Andover M/\O\845. The application was filed with the Planning Board ouJune 30, 2O00. The applicant submitted acomplete application,which was noticed and reviewed in accordance with Section 8.3, 10.3` and l0.3l of the Town of North Andover Zoning Bylaw and MG[C.4OA, Sec. 9. The Planning Board makes the Dnilnvviog findings as rcuoircJ by the North Andover Zoning E|ylovva Section 8.3 and 10.3: FINDINGS OF FACT: l) The specific site is an appropriate location for the eight space parking lot as the proposal will allow sufficient parking for the recently approved mixed-use office and residential building.. 2) The use as proposed will not adversely affect the neighborhood as pudduQ lot and mixed-use are directly contiguous with existing commercially zoned properties. Podbor, sufficient buffer and landscaping has been provided along the perimeter of the site. The landscaping has been placed aoao to onbauon the nppeu/000e along the fimcdo8e of Turnpike and Peters Stcso\ and the abutting properties. All plantings and screening depicted on the approved plans referenced herein shall remain � io perpetuity over the life of the project. 3) There will he no nuisance or serious hazard to vobio}cm or pedestrians. The proposal improves � pedestrian safety and vnbicn1oz cizco|uboo vvbbio the site. The number of vehicle trips from this site � will be negligible. [}iv�otb�scope and oiz�oFUzmp project, �b�xcwU�be ai0ui�cunkiuur�oa�io�b� � _ ~ � umoutn[(m[Oc �����|�av�Ad�yboonto�omnd��t��t _ = Turnpike . � 4) The |uudaoopiog approved as pod of this plan meets the requirements of Section 8.4 as amended by � the y]unuiog Board, of the North Andover Zoning Bylaw, The landscape p)ou uohouoeo the appearance of the property and improves the overall character of the area. � 5) The applicant has met the requirements nf the Town for Site Plan Review os stated iu Section 0.3of � the Zoning Bylaw; � 6) Adequate and appropriate facilities will be provided for the proper operation o[the proposed use. � The existing mixed-use building will he serviced bytown water and sewer. � 7) On September 12' the ZBA granted u Special Permit for Soudou 4.3 to allow a 'aduc conforming structure and use on u pro-orio<iug, conforming lot to ohunoc usage to o mixed-use structure consisting of one first floor office and one residential unit on the second floor. Finally the Planning Board Oodm that this project generally complies with the Town of North Ahdover-4 2ouiu8 My|nv requirements as listed in Section 8.3.5, but requires conditions in o o compliance. The Planning Board hereby grants an approval to the applicant pcovi tb " ,.m—�-+ tw� i��e conditions are met: —o [] 2 _ rn 163 Turnpike Street, Map 24 Lot 19 Site Plan Special Permit—Construction of 8 space parking lot October 17,2006 SPECIAL CONDITIONS: Permit Definitions: i) The"Locus"refers to the 18,238 sq. ft. parcel of land with land fronting on Turnpike and Peters Street as shown on Assessors Map 24, Lot 19, and also known as 163 Turnpike Street,North Andover, Massachusetts. ii) The"Plans"refer to the plans prepared Sullivan Engineering Group, Inc., 22 Mount Vernon Road,Boxford MA 01921 dated 6/28/06, revised 10/1/06, 10/10/06 entitled"#163 Turnpike Street, Site Plan of Land Located in North Andover, Mass,Prepared for Seng Ea and consisting of sheets 1 of 1. iii) The"Project'or"163 Turnpike Street"refers to the construction of 8 parking spaces for a 1,200 sf office and residential unit mixed-use development, limited grading work, and landscaping. iv) The"Applicant'refers to Holmes Realty Trust,c/o Seng Ea, 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) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by-the Planning Board. The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. B) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. 4) PRIOR TO THE START OF CONSTRUCTION A) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. B) 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. C) A pre-construction meeting must be held with the developer, their construction employees and Planning Department to discuss scheduling of inspections and inspections to be conducted on the project. 3 163 Turnpike Street,Map 24 Lot 19 Site Plan Special Permit—Construction of 8 space parking lot October 17,2006 E) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. F) A bond in the amount of one-thousand dollars ($1,000.00) shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 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. 6)DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (dirt, wood,construction material, etc.)must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. 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. 7) 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) The Planning Staff shall review the site. 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 shine upon abutting properties or streets. Any changes to the approved_ lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. C) 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 the Planning Department. D) 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. 8) GENERAL CONDITIONS A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. 4 163 Turnpike Street,Map 24 Lot 19 Site Plan Special Permit—Construction of 8 space parking lot October 17,2006 B) Snow removal may be stored on the designated storages areas located on the western edge of the property on said plans referenced below to the extent possible, but shall be trucked off site whenever snow exceeds onsite storage capacity. 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) 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. F) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. G) No underground fuel storage shall be installed except as may be allowed by Town Regulations. H) 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. I) 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. J) 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. K) This Special Permit approval shall be deemed to have lapsed two years after the October 24, 2006 granting of this special permit, 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 renovation of the existing structures. L) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: #163 Turnpike Street Site Plan of Land Located in North Andover,Mass. North Andover,Massachusetts Prepared for: Holmes Realty Trust, c/o Seng Ea 163 Turnpike Street North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC. 22 Mount Vernon Road Boxford,MA 01921 Scale: 1"=20' Date: June 28, 2006,Revised 10/1/06, 10/10/06 Sheets: Sheet 1 of 1 Site 5 163 Turnpike Street,Map 24 Lot 19 Site Plan Special Permit—Construction of 8 space parking lot October 17, 2006 2) Report titled: Drainage Analysis for 163 Turnpike Street in North Andover,Massachusetts Prepared for: Seng Ea 83 Sherwood Road North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC. 22 Mount Vernon Road Boxford,MA 01921 Date: October 10,2006 > ­j 0 CA) 6