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HomeMy WebLinkAboutDecision - 701 SALEM STREET 1/9/1997 6.;a 6=�tO .E R CEIVED i *JOYC BRADSHAW ; ,:PORT TOWN CLERK TpWN OF NORTH s. NDO � ER Any appeal shall befileCi � ASSACHL SETTSA(�I1 1(� 5® pMrW , within (20) days after the ..pRT, date of filing of this Notice of ,ti p in the Office of the Town ° . ATruecc�Y MUS 4 r'' is to csrtifir th.-twenbj(20)'-' '..`c clap od f;::.:.;M->of dQ:i:inn tilsd iil4lg app;el. NOTICE OF DECISION - __- ,1,,yce arad--haw T.r�rn�.letk ' D ate ,January .9.,. .1.9.9.7. . . . . . . . . . . . . , M Date of Hearing January 7, 19y7 z ? _3 Petition of 701 Salem STreet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises a ffected . . . . . . . . . . Referring to the above petition for a special permit from the requirements Of the North Andover Zoning Bylaw Sectiion 8.3 allow construction of 7680 SF one so as to �Kt . . . . . . . . . . . . . . . . stozy. .hui1 ding• =- 3-ftet-'a public hearing given on the above date , the Plannr<rg Board vote -- -approve the special permit _. -- to . . . . . . . . . . Foy Locvs S E � bFF� Boo/L q,23-) Ve-4 a57 based upon the following conditions : CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Sio ed (_h VI��n Assessors Police Chief Joseph . . . . . . . 9.. . . . . . . . . . . . . . .. . . . . . . . . Fire Chief Applicant Richard . . . . . . Vice Chairman Engineer File Alison . . . . . . . . . . . Clerk Interested Parties ` ® � Richard . . . . . . . . a°"i3 o 701 Salem Street Site Plan Review- Special Permit The Planning Board herein approves the Special Pem:A/Site Plan Review for the construction of a 5,300 SF commercial building located in the General Business Zoning District on the corner of Salem Street and Abbott Street. This Special Permit was requested by System Builders Inc., 202 Sutton Street,North Andover, MA 01845 on May 1, 1996. The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located on land that is zoned for business and will replace an existing commercial structure. 2. The use, as developed, will not adversely affect the neighborhood as 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 traffic will be directed away from Abbott Street onto Salem Street and a sidewalk will be constructed around the perimeter of the site as requested by the Police Department; 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of the Zoning Bylaw with review by the Planning Board; 5. The site drainage system is designed in accordance with the Town Bylaw requirements subject to the conditions of this decision; 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. 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. Prior to any work on site, the applicant shall adhere to the following: a) The final plan must be reviewed and approved by the drainage consultant, 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. 1 e®B .0 b kkI`t ` C7 �tl b) The following issues must be resolved to the satisfaction of the drainage consultant. DPW and the Town Planner prior to the endorsement of the plan: i) No information on pipe capacity wt , provided for any of the drainage pipes downstream of the detention basin. An evaluation of the existing drainage system in Salem Street must be performed to demonstrate that sufficient capacity is available in the existing pipe network in Salem Street to convey the flow or the applicant must submit a letter from DPW certifying that the existing drainage system in Salem Street is adequate to handle the additional flow. ii) A sidewalk must be constructed around the perimeter of the site along Abbott,,- Street and Salem Street per DPW standards. iii) A white picket fence or other low fence must be constructed along Abbott Street and Salem Street as part of landscaping. iv) The note on sheet 3 of 3 stating that the existing tree line within 10' of the property line to remain must be removed as all trees on the site have been cut. v) The driveway must be marked as one way in from Abbott Street. The lanes must be marked on the pavement and there must be signs identifying the access drive as one way. vi) The landscaping shown on the plan along Abbott Street near the passing lane must be changed to provide for a low lying shrub to facilitate site distance. c) A bond in the amount of twenty thousand ($20,000) dollars shall 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 and drainage facilities is submitted. 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. d) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. 2. Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) This decision shall be recorded at the Essex North Registry of Deeds and a certified copy of the decision delivered to the Planning Staff. 3. Prior t erification of the Certificate of Occupancy: The applicant must submit a letter from the architect or 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. 2 siltation into the drain lines. 13. No open burning shall be done except as is permitted during burning season under the Fire D,partment regulations. 14. No underground fuel storage shall be installed except as may be allowed by Town 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. 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. 17. Any revisions shall be submitted to the Town Planner for review.If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 18, This Special Permit approval shall be deemed to have lapsed after man• 1�; (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. 19. The following information shall be deemed part of the decision: a) Plan entitled: Site Plan of Land Proposed Commercial Development at 701 Salem Street in North Andover, Mass. Prepared for: System Builders, Inc. 202 Salem Street North Andover,Massachusetts 01845 Dated: December 16, 1996 Scale: 1"=20' ; Prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 Report entitled:Site Description and Drainage Analysis for Proposed Retail Facility at Abbott and Salem Streets North Andover,Massachusetts Date: May, 1996 Prepared for: Systems Builders,Inc. 202 Sutton Street North Andover,Massachusetts Prepared by: Merrimack Engineering Services, Inc. 66 Park Street Andover,Massachusetts 01810 cc: Director of Public Works 4 Building Inspector Health Administrator Assessors Conservatiot Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 701 Salem Street-Site Plan Review 5 Town of North Andover I NORTH OFFICE OF �? 5` °L COMMUNITY DEVELOPMENT AND SERVICES 0 p 146 Main Street North Andover,Massachusetts 01845 4A"D h WILLIAM J. SCOTT 9SSaCHUS�� Director January 9, 1997 Ms . Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re : Special Permit/Site Plan Review 701 Salem Street Dear Ms . Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, May 21, 1996 at 7 : 30 p.m. in the Senior Center behind the Town Building, on the application of System Builders, Inc . 202 Sutton Street, North Andover, MA 01845, for a special permit under Section 8 . 3 (Site Plan Review) of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on May 1 and May 8, 1996 and all parties of interest were duly notified. following Joseph V. Mahoney, Chairman, Alison Lescarbeau, Clerk Pladnnera d was also Richard Rowen. present. The petitioner was requesting a special permit to allow for the construction of a 7680 sq ft one story building located at 701 Salem Street North Andover, MA 01845 . Ms . Lescarbeau read the legal notice to open the public hearing. Ms . Colwell stated that the applicant has agreed to a continuance until May 28, 1996 given the long agenda at this meeting. Karen Fitzgibbons, Planning secretary, called all the abutters and informed them of the continuance . Discussion continued until May 28, 1996 The North Andover Planning Board held a regular meeting on May 28, 1996 the following members were present : Joseph V. Mahoney, Chairman, Alberto Angles, Associate Member, Richard Rowen, Vice Chairman, Alison Richard p�esen� . Simons . Kathleen Bradley Colwell 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 This public hearing is continued from May 21, 1996 . Steve Stapinski was present along with Bob Daly from Merrimack Engineering. Mr. Stapinski stated that the plans call for the demolition of the present retail structure and home . The proposed development is a 7600 sq ft retail strip facility with multiple uses proposed: a bank, a convenience store...a two drive up ATM. It will be a rural type colonial structure tr.at W_11 fit in with the neighborhood. The building is orientated towards Abbott Street, not Salem Street . Parking will be in front of the building with the landscaping in front kept purposely low for visual reasons . There will be a 15' planting strip between the residential area and the parking lot, with multiple plantings along Salem and Abbott Streets . There will be wall pack lighting on the property, there is gas and Town water present . The applicant wouldn' t begin building until sewerage is installed in the area . There are no wetlands on site and drainage is designed for 0% runoff for 100 year storm. The drainage calculations have been sent to the outside consultant by Merrimack Engineering. Mr. Stapinski stated that there are 42 parking spaces available, but they only need 38 . It was mentioned that at the TRC meeting the Police Department stated they want 2 accesses on Salem Street, not one. Also to come out of the TRC meeting was the question of why the structure is facing Abbott Street instead of Salem Street . With lots more traffic on Salem Street it seems logical to place the building fronting onto Salem Street. Mr. Stapinski stated that under the Town' s bylaw the applicant essentially has 15' of unusable land, and given the setbacks it would reduce the footprint by 50% and the parking would have to be behind the building. Ms . Colwell stated that the Police Department wants a traffic study done due to the fact that the Sargent School creates even more traffic in that area. Mr. Nardella stated that from a retail point of view facing the structure on Abbott Street seems like a death wish. He suggested an "L" shaped or curved structure even if the applicant has to apply for waivers . Ms . Colwell stated that she talked to the architect regarding the rear of the property. Ms . Colwell expressed concern about possible conflicts between cars and deliveries and loading docks . The architect will provide a rendering of the rear of the building and will make it blend in with the front and sides . John Crisostamo, 695 Salem Street, is very concerned about the appearance and upkeep of the proposed structure. He lives very close by and stated that rubbish is not contained properly, therefore, the wink: carries it everywhere . Also, he has b,.en speaking with the owner of the property who is willing to install a fence. Mr. Crisostamo stated that he feels the proposed 2 structure will be a great improvement when complete, but he does not want to live near a strip mall . The plans show red maple trees are to be planted, but he is not happy with that . He was assured by the Planning Board that shrubs, a fence and dense trees that do not shed there leaves will be planted. Also, Mr. Crisostamo claims that the property line between him and the proposed structure is not clearly defined and he would like that done so there will be no chance of anyone encroaching onto his property. Ms . Colwell stated that the applicant will be required to mark the property line with yellow caution tape prior to cutting any trees . Peter North, 285 Rea Street, is concerned about traffic also, it is a difficult intersection already and there is a constant mess on the property. Tim O'Brien, 710 Salem Street, stated that the building and property are a mess now and he is concerned that the new building will be kept clean and debris picked up. Kevin Speicer, an abutter, is concerned about the hours of operation. He was told by the Planning Board that would be addressed. The Board suggested to Mr . Stapinski that he relocate the building facing onto Salem Street, place an entrance and egress on Salem Street, and have a traffic study done . A site walk is scheduled for June 1, 1996 at 8 : 00 a.m. Continued until June 18, 1996 meeting. The North Andover Planning Board held a regular meeting on June 18, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. Kathleen Bradley Colwell was also present . Matthew Xenakis, property owner, was present along with John Daly the architect of the project . . Ms . Colwell stated that the applicant has presented 6 different orientation options for the building, however, all of them violate the 45' setback from the abutter. Ms . Colwell further stated that she has met with the abutter, Mr . Crisostamo, and he will appeal any variance granted by the ZBA to impinge upon this setback requ-rement. 3 Mr. Daly presented the Board with the 6 options as to the building orientation. The applicant is looking for direction on which option the Board prefers so they can move forward. The different options were discussed by the Board and it seems option 6 works better. There is one entrance and one exit on Salem Street with a possible lane for circulation, there will be staggered walkways with planters . Mr. Daly stated that the property owner is willing to spend more money to orient the building toward Salem Street, but he may need some relief on zoning encroachments . After viewing the plans, Mr. Simons stated that it seems ��ou' re creating a structure that' s branch bank centered, not neighborhood centered. Mr. Nardella sta-ced that the footprint is too large for the site and Mr. Mahoney agreed. Mr. Nardella also stated that the building should not be oriented to the drive up bank, and Mr. Simons agreed. Atty. Mary McCabe, representing the Crisostomos, was present and stated that option 6 will create heavy traffic near their house and they are concerned about safety issues . The Planning Board discussed eliminating the driveway around the rear of the building. Tim O' Brien, 710 Salem Street, concerned about the site distance on Salem Street. Mr. Daly asked about a center entrance and the Board was in agreement . Mr. Xenakis and Mr. Daly to work on the plans and come before the Board again. Continued until July 2, 1996 meeting. The North Andover Planning Board held a regular meeting on July 2, 1996. The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. Kathleen Bradley Colwell was also present. Continuation of the public hearing. Ms . Colwell stated that a revised site plan was submitted to the office on Monday showing an entrance only from Abbott Street that feeds into the bank or to a pass lane . The driveway around the back of the building has been eliminated and all of the required setbacks have been met along the property boundary with the Crisostomos . Fire Chi( f Dolan was present and stated that if `'he building does not have sprinklers, he would require a fire lane . John Daly, architect for the project, stated the building will have 4 sprinklers . Ms . Colwell stated that Mr. Nicetta is requiring 39 parking spaces, not including a restaurant . Mr. Simons stated that he feels the building is still too large for the lot, although he appreciates the progress that has been made . Mr. Rowen asked what side of Abbott Street will the sidewalks be on and Mr. Nardella replied the other side from the proposed building. Mr. Nardella stated that the parking spaces must be determined if a restaurant is allowed. Ms . Colwell stated that as the plans just arrived at the office, the Police Department hasn' t had time to review them. Mr. Mahoney asked the Board to state their opinion of the new plans : Mr. Nardella: too big for the site, concerned about parking. Mr. Rowen: a 7, 000 sq ft structure on one acre of land seems too massive, however, it is allowed under the bylaws . Ms . Lescarbeau: too big for the site, does not like drive-up tellers . Mr. Simons : appreciates the effort being made to reduce the size of the building, but does not like drive-up tellers . Mr. Angles : could live with this plan, but would like to see something a little smaller. Mr. Mahoney: building too large for the site, but could live with the present plan. Matthew Xenakis, owner of the property, stated that they have come before the Board with many plans and options and the Board does not seem happy with any of them. Under the bylaws a larger building is allowed, but they are not proposing that. Mr. Xenakis is looking for some direction from the Board before full site plans showing the building layout are drawn up . Ms . Colwell summed up by stating that maybe the building could be made smaller without losing the sidewalks and landscaping if possible. If not, it seems the Board could go along with the plan presented tonite . Continued until July 16, 1996 meeting. The North Andover Planning Board held a regular meeting on July 16, 1996 . The following members were present : Joseph V. Mahoney, C.-iairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present . 5 Applicant in writing requested an extension until August 20, 1996. The North Andover Planning Board held a regular meeting on August 20, 1996. The following members were present : Joseph V. Mahoney, Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, John Simons and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present . At the request of the applicant discussion continued until September 3, 1996 . The North Andover Planning Board held a regular meeting on September 3, 1996 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons . Kathleen Bradley Colwell, Town Planner was also present . Continuation of the public hearing. John Daly, architect for the project, stated that he submitted the 8th plan for this location to the Planning Office on Thursday. The building has been reduced to 5300 feet, 41 parking spaces and more green space. The building still contains the bank, and there will be a deli with a drive-up window. The building does encroach a bit on both sides and will require a variance. The main entrance is on Salem Street in the center of the lot, and an entrance only is on Abbott Street for the bank ATM. Tom Laudani will be bringing the sewer down Salem Street to service the lots across the street, and the plans are for this site to connect up to sewerage . Mr. Simons asked, aside from the Town' s standards for parking, is this overkill and Mr. Daly replied in the affirmative . Mr. Simons suggested that less parking in the front of the building would be in keeping with the village atmosphere. Mr. Rowen stated to Mr. Daly that great strides have been made since the plan was first presented. Ms. Lescarbeau stated that this plan is a great improvement . Tom Driscoll, representing the Police Chief, stated there is concern regarding the lack of sidewalks and the safety of children walking to school . He stated that the Police Department would like to see sidewalks going up the same side of the road as the proposed building. Another concern is at the back of the property the Police Department would like a sign saying "not an exit" to cut down on potential accidents . A flashing yellow light at the entrance of the building would be appreciated also . Ms . Colwell stated that she spoke with DPW regarding the sidewalk issue and there is a question about what side of the street the sidewalks should go on. Mr. Perna stated that right now the 6 sidewalk is planned for the opposite side of the proposed development . Ms . Colwell stated that the drainage is the only question left. Continued until September 17, 1996 . The North Andover Planning Board held a regular meeting on September 17, 1996 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, John Simons and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present . At the request of the applicant an extension was granted until October 15, 1996. The North Andover Planning Board held a regular meeting on October 15, 1996. The following members were present : Joseph V. Mahoney, Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and John Simons . Kathleen Bradley Colwell, Town Planner was also present . The applicant requested, in writing, a continuance until November 19, 1996. The North Andover Planning Board held a regular meeting on November 19, 1996 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and John Simons . Kathleen Bradley Colwell, Town Planner was also present. Continued until December 3, 1996 meeting. The North Andover Planning Board held a regular meeting on December 3, 1996. The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and John Simons . Kathleen Bradley Colwell, Town Planner was also present . A zoning variance was granted for the property. The next step is to get the drainage approved. Mr. Xenakis stated that the neighbors have already chosen what trees they want to edge their yards . Ms . Colwell stated that she recommends getting that information to Steve Stapinski so he can change that on the plans . The lighting and sign materials must also be shown on the plan. 7 The Planning Board suggested that Mr. Xenakis take a look at how Osco Drug and Crossroads marked the edges of their parking lots, and maybe he could do the same with a picket fence and shrubs . Ms . Lescarbeau left the meeting at 9: 50 P.M. Ms . Colwell stated that if the applicant addresses all the conditions in the letter, that John Chessia wrote, she does not foresee any problems . Ms . Colwell would like to get comments by next Wednesday so she could get comments to the board. Ms . Colwell would like to close this hearing at the next meeting. The public hearing was continued to the December 17, 1996 meeting. 701 Salem Street-site plan review The North Andover Planning Board held a regular meeting on December 17, 1996 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present . Steve Stapinski of Merrimack Engineering was present representing 701 Salem Street, Bob Daley also of Merrimack Engineering was present. Matthew Xenakis, owner of 701 Salem Street was also present. Steve Stapinski addressed the Board stating that they will have a drive up area, their sign will be a wooden contemporary. Their handicap ramps are going to be relocated so they' re closer to the doors . They have also added an additional catch basin in Salem Street. Mr. Mahoney is concerned about how they will connect the catch basins . Mr. Stapinski stated that they will connect the pipe from Summer Street and two (2) basins will be added. Ms . Colwell stated that the entrance to Abbott Street was to be one way. Mr. Nardella stated that there was an issue of having a traffic light put in. Ms . Colwell stated that the Police Dept . wanted to put in a flashing blinking yellow light but the Planning Board felt that it was excessive. Sidewalks will be provided. Mr. Nardella is concerned about how the numbers were calculated on the parking spaces . Mr. Stapinski stated that the Building Inspector calculated the figures by putting in a bank and restaurant . Mr. Stapinski a('ded that the retail business would need 25 parking, if they added a restaurant and a bank they would need an additional 14 spaces extra. 8 Ms . Colwell stated that the newly drafted plans were brought into her at 2 : 30 p.m. Tuesday afternoon. Therefor she has not reviewed them nor has any other town staff . Mr. Simons stated that he thought they should put in picket fences along the front of the building. John Depippo of 695 Salem Street has been working with Matthew Xenakis . Mr. Depippo is concerned with his side of the property and with the type of fence that will be put up. They have talked about having an 8' fence but would have to get a variance from Zoning Board of Appeals . The Board had no problem with this, but wants the fence to slope down at the ends 4-5 feet. They will determine the style with the fence company. Mr. Depippo has gone to the nursery and they have suggested a Canadian Hemlock. Ms . Colwell stated that as long as they agreed there was no problem. On a motion made by Ms . Lescarbeau, seconded by Mr. Rowen the Board voted unanimously to close the public hearing. The North Andover Planning Board held a regular meeting on January 7, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, John Simons and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present Ms . Colwell stated the applicant has not demonstrated that the storm water drainage in Salem Street is sufficient. The applicant has to provide calculations or get a letter from DPW stating that the drainage is sufficient . On a motion by Mr. Rowen, seconded by Mr. Simon, the Board voted to approve the site plan review/special permit as amended tonight. Attached are the conditions . Sincerely, Joseph V. Mahoney, Chairman North Andover Planning Board 9