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HomeMy WebLinkAboutApplication - 1018 OSGOOD STREET 4/2/2013 F?i'CEIVE-0 G OfflU TMIPI! ,AORTJI Town of North Andover 2013 APR --9 PM 1: 28 16 Office of the Planning Department Community Development and Services Division 1600 Osgood Street RSSACkU North Andover,Massachusetts 01845 NOTICE Or DECISION WATERSHED SPECIAL PERMIT Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk, Date: April 2,2013 Date of Hearings: February 5,2013,April 202013 Date of Decision: April 2,2013 Petition of: Mark Gross,PE c/o MBF Design Consultants,Inc 44 Stiles Road,Suite One,Satern,NH 03079 Premises Affected: 1018 Osgood Street,North Andover,MA 01845,within the Business Two(B-2) Zoning District,Assessors Map 35,Lot 19. Referring to the above petition for a Watershed Special Permit fi-om the requirements of the North Andover Zoning Bylaw,Section 4,136. So as to allow: to allow the construction of 2,250 sq. ft. Don-Lit Shop with a drive-thru, with 19 total parking spaces, drainage system network, grading and landscape work within the Business Two(B-2)Zoning District and the Watershed Protection District. After a public hearing given on the above date, and-upon a motion by D, Kellogg and 2nd by R. Rowen to APPROVE the Watershed Special Permit for the Watershed Protection District as amended and based upon the following conditions.Vote —0 in favor of� "Pplication. P ring Board John Simons,Chah- man Richard RoNven Michael Colantoni Dave Kellogg Lynne Rtidnicki Lora Wherry 1018 Osgood Street,Map 35 Lot 19 Watershed Special Permit The Planning Board herein approves the Watershed Special Permit for the construction of 2,250 sq. ft. Donut Shop with a drive-thru, with 19 total parking spaces, drainage system network, grading and landscape work within the Business Two (B-2) Zoning District and the Watershed Protection.District. The applicant had requested a re-zoning of the parcel from Industrial S (I-S) to Business 2(B-2)from the town of North Andover. That request was approved by the town at the Annual Town Meeting held on June 19,2012.The site is located at 1018 Osgood Street, Map 35 Lot 19. This S ecral ermr was requested by Mark Gross PE s MHF Desi� Consultants, Inc. The application was filed with the Planning Board on December t3,'2012, The applicant submitted a complete application, wluch was noticed and reviewed in accordance with Section 2.30.1, 4.136, 8.1, 8.3, 8.4, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec.9 In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, is met. This decision specifically stated by the Planning Board inakes the foltoivung FINDINGS OF FACT: 1. As a result of discussions with the Planning Board,Planning Staff and outside consultants the applicant has significantly altered the design of the stormwater management system from that which was originally presented. The resulting proposal limits site disturbance, provides maximum distance from Lake Cochichewick and provides for the least amount of impact on an environmentally sensitive area, and as provided under section 3.136 (4)(e), the Planning Board has determined that there will not be any significant degradation of the quality and quantity of water in or entering Lake Cochichewick. 2. The applicant has proposed two infiltration systems and one detention system, one located at the front of the property and the other two on the western and eastern sides of the property. They have also added sand filters and an oil and gas filter. The infiltration systems are designed to capture runoff from impervious surfaces, including roof runoff and to provide treatment and flow attenuation before infiltration. 3. The storm water management is designed in accordance with the Town Bylaw requirements and Best Management Engineering and Practices, and the most recent version of the MA DEP Stormwater Handbook, and has been reviewed by the outside- consulting engineer,Lisa Eggleston. The applicant altered the original drainage design to provide for maximum stormwater infiltration and has provided adequate safeguards to mitigate pollutants fivm entering the Lake and the surrounding area. See letters from L. Eggleston dated November 6,2012,November 14,2012 and January 7,2013. 4. The applicant has provided attenuation for the volume of stormwater for the 100-year storm event, to the maximum extent practicable. The design as proposed meets the Department of Environinental Protection's(DEP)standards. 5. The reduction in parking provides for an efficient use of parking spaces, decreases the need for impervious surfaces and provides for a more environmentally sensitive project design. The applicant is requesting a reduction from the required 27 spaces to 19 and 2 1018 Osgood Street,Map 35 Lot 19 Watershed Special Pe;mit has provided supporting documentation in the form of a Parking Demand Evaluation Analysis based on similar sized drive-thru coffee shops in the area that operate with fewer spaces. This request for a reduction in spaces was discussed extensively with the Planning Board and with the Planning Board consultants. See letters from MDM Transportation Consultants dated November 9, 2012, January 15,2013, January 23,2013 and January 30,2013. 6. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover; 7. There will be no nuisance or serious hazard to vehicles or pedestrians. The site will have two driveways and will utilize an existing curb cut on Osgood Street. One driveway is a dedicated entrance and the other is a dedicated exit. 8. The applicant has provided a truck circulation plan,showing access for safety vehicles as well as access for WB-50 delivery trucks, using a pass-through lane outside of the queuing lane. The North Andover Fire Department has approved the design. 9. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. The Applicant and the Town of North Andover signed a"Declaration of Protective Use Covenants,Conditions and Restrictions", dated June 7, 2012, that prohibits the use of the Property for automobile service station,taxi deport and public parking garage. 10. The new structure will be connected to the Town sewer and water systems. 11. A deed restriction will be placed limiting the types of fertilizers that can be used on the site. 12. The topography of the site will not be altered substantially. 13. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will provide Town water, sewer, and utilities on the property to adequately address the needs of the project and has been reviewed by the Division of Public Works and the outside consulting engineer,Hancock Engineering Services,Inc. 14. As conditioned, the site is an appropriate location for the project use and proposed structures. Upon reacldng the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1. Permit Definitions: 3 1018 Osgood Street,Map 35 Lot 19 Watershed Special Permit a) The"Locus"refers to the 28,230 sq.fl.parcel of land with land fronting on Osgood Street as shown on Assessors Map 35,lot 19, and also known as 1018 Osgood Street, North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by MHF Design Consultants dated October 19, 2012 revised December 7,2012,January 9,2013,January 23,2013,February 19,2013 March 1,2013,March 19,2013,and April 3,2013 entitled"Proposed Site Development Plans for Map 35 Lot 19, 1018 Osgood Street,North Andover,Massachusetts 01845"and consisting of sheets 1 through 11,Lighting Plan, and Elevation Plans A-7 and A-8. .c.) The"Project"or"1018 Osgood Street"refers to the construction of 2,250 sq. ft. Donut Shop with a drive-thrus with 19 total parking spaces, drainage nage s s tem network, grad in g I and landscape work within the Business Two (B-2)Zoning District and the Watershed Protection District. d) The"Applicant"refers to Mark Cross,PE,the applicant for the Special Permit. 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 Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a Public .Hearing and modification to the Special Permit by the Planning Board. This Watershed Special Permit may only be used in conjunction with the Special Permit for Reduced Parking and the Site Pian Review Special Permit for these same premises approved April 2, 2013, 3. Prior to the endorsement of the plan: a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file, i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 4. Prior to start of construction or site work and prior to the issuance of a building permit: A performance guarantee bond of ten thousand dollars ($10,000.00)made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. a. The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four(4)hours notice 4 1018 Osgood Street,Map 35 Lot 19 Watershed Special Permit to inspect the site with the Planning Board staff. The Planning Staff may reduce the fiequency of reports'uupon review of such a request from the applicant. ' b. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conseivation Department. c. Three(3)copies of the signed,recorded plans and the decision must be delivered to the Planning Department. d. Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff 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(and other applicable departments)to discuss scheduling of inspections to be conducted on the project and the construction schedule. £ A construction sequencing plan shall be provided, showing the construction phasing of the porous pavement. g. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved e buffer zone and an arrangement for snow removal shall so stipulate due surfaces in the t g s y to the importance of the site and wetlands. In addition,permanent signs designating"No- Salt Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations along the Non-Disturbance Zone as approved by the Conservation Department and shown on the herein referenced plans. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types(<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 5) Prior to release of the Performance Bond: a. The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, indluding storm water structures and other pertinent site features.This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF(Standard Digital File)format. 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. b. If weather conditions do not permit the completion of the landscaping prior to the use of the building,the applicant and/or property owner may provide a bond, determined by the Planning Board,to cover thefill amount of the landscaping materials and installation. c. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. G) Prior to Certificate of Occupancy: 5 1018 Osgood Street,Map 35 Lot 19 Watershed Special Permit 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 7) The applicant must comply with the conditions set forth in the Site Plan Review Special Permit approved on April 2,2013 and the Conservation Commission Order of Conditions related to this project. 8) 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. 9) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. - 10) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 11) 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. 12) Should the Project Owner transfer ownership of the project and/or property prior to completion and submission of the final as-builts,the buyer shall meet with the Planning Board to provide an update on the status of the project. 13) This Special Permit approval shall be deemed to have lapsed April 2,2015 (two years from the date of issuance)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. Substantial use or construction will be determined by a majority vote of the Planning Board. 14) The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right under MGL Chapter 40A Section 17,to appeal this decision within twenty days after the date this decision has been filed with the Town Clerk, 15) This decision must be filed with the Essex North Registry of Deeds. The following information is included as part of this decision: 1) Plan titled: Proposed Site Development Plans for Map 35 Lot 19 1018 Osgood Street,North Andover,Massachusetts 01845, Prepared for: JFJ Holding,LLC 751 Main Street,Suite B PO Box N Sanford,ME 44073 Prepared by: MHF Design Consultants,Inc. 44 Stiles Road,Suite One Salem,NH 03079 Scale: I"=20' 6 1018 Osgood Street,Map 35 Lot 19 Watershed Special Permit Date: October 19,2012,Revised Dec.7,2012,Jan.9,2013,Jan.23,2013,Feb. 19,2013,March 1,2013,March 19,2013,and April 3,2013 Sheets: 1-11 and Lighting Plan,Elevation Plans--A-7,A-8 2) Report: Storm Water Management Report Prepared for: JFJ Holdings,LLC Prepared by: MIF Design Consultants,Inc. 44 Stiles Road,Suite One Salem,NH 03079 Date: October 19,2012,Revised December 7,2012,January 28,2013,and March 1,2013 3) Report: Operations&Maintenance Plan and Long Term Pollution Prevention PIan Date: October 19,2012,Revised December 7,2012 and March 1,2013,April 4,2013 Prepared by: MHF Design Consultants,Inc. 44 Stiles Road,Suite One Salem,NH 03079 4) Report: Traffic Impact and Access Study Prepared by: Greeman Pedersen,Inc. Date: August 2012 5) Report Response to Comments Traffic Impact and Access Study Prepared by: Greeman-Pedersen,Inc. Date: December 2012 cc: Director of Public Works Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File 7