HomeMy WebLinkAbout2011-10-04 Planning Board Supplemental Materials (6)
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
SITE PLAN REVIEW DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date:
October 4, 2011
Date of Hearing:
September 6, 2011,
September 20, 2011, and October 4,
2011
Date of Decision:
October 4, 2011
Petition of: Louise and Tim Tanner
1780 Osgood Street
North Andover, MA 01845
Premises Affected: 1780 Osgood Street, Assessors Map 61 Lot 11.
Referring to the above petition for a Site Plan Special Permit, from the requirements of the North Andover
Zoning Bylaw, Sections 8.3, 10.3, and 10.31, and M.G.L. c.40A, Sec. 9.
So as to allow a 50’ X 60’ addition to an existing metal frame building, along with 12’ X 6’ porch at the
entryway, replacement of outside metal siding with masonry siding, along with stormwater management
improvements within the Industiral-2 (I-2) Zoning District.
nd
After a public hearing given on the above date, and upon a motion by R. Rowen and 2 by M. Colantoni to
APPROVE 4 –
the Site Plan Special Permit as amended and based upon the following conditions. Vote was
0 in favor
of the application.
__________
On behalf of the North Andover Planning Board
John Simons, Chairman
Richard Rowen
Timothy Seibert
Michael Colantoni
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J. Tropeano, 1780 Osgood St.
Map 61, Parcel 11
Site Plan Special Permit – Industrial Building Expansion
The Planning Board herein APPROVES the Site Plan Special Permit to allow a 50’ X 60’ addition to an
existing metal frame building, along with 12’ X 6’ porch at the entryway, replacement of outside metal siding
with masonry siding, along with stormwater management improvements within the Industiral-2 (I-2) Zoning
District. The project is located at 1780 Osgood Street, North Andover, Massachusetts, 01845, Assessors Map
61, Parcel 11 within the Industrial 2 (I-2) Zoning District. The parcel totals approximately 165,092 s.f. with
frontage on Osgood Street. This Special Permit was requested by Louise and Tim Tanner, 1780 Osgood
Street, North Andover, MA 01845. The application was filed with the Planning Board on or about August 5,
2011. The public hearing on the above referenced application was opened on September 6, 2011, with
additional hearings on September 20, 2011, and closed by the North Andover Planning Board on October 4,
2011. 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 an expansion of an existing industrial
building from from 2,700 sq. ft. to 5,700 sq. ft., with a 72 sq. ft. porch. The proposed expansion is
appropriate for the site in that the expansion is taking place at the rear of the existing building, which
currently has extensive natural vegetative screening from Osgood St. In addition, the proposed porch
will be located at the existing entrance to the building;
2) Based on input received from both the Planning Board, the Planning Board’s stormwater management
consultant and the Conservation Commission, the applicant has provided sufficient stormwater
management for the treatment of both volume and flow of stormwater for the new addition and has
also provided a floodplain replication area, thus complying with Massachusetts Stormwater
Standards, as well as the Planning Board’s Site Plan Review standards and the Conservation
Commission’s stormwater standards. The proposed stormwater detention structures were increased,
as part of the review process, in order to address the peak runoff rates for the 100 year storm event.
3) The use as developed will not adversely affect the neighborhood as the property is located in an
Industrial zone and has very few immediate abutters. Also, the applicant will be constructing the
addition in an area that is presently heavily disturbed and not visible from Osgood St.;
4) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a
significant impact on parking within the site since the site currently has sufficient storage and parking
area for vehicles related to the business. With the addition, the building will expand from 2,700 sq.
ft. to 5,700 sq. ft., with a 72 sq. ft. porch, on a lot that consists of 3.79 acres, leaving ample room for
traffic circulation;
5) Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3.5, but requires conditions in order to be fully in
compliance. The Planning Board hereby grants an approval to the applicant providedthe following
conditions are met:
SPECIAL CONDITIONS:
Permit Definitions
1) :
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J. Tropeano, 1780 Osgood St.
Map 61, Parcel 11
Site Plan Special Permit – Industrial Building Expansion
A) The “Locus” or “Site” refers to the 165,092 sq. ft. parcel of land with land fronting on Osgood
Street as shown on Assessors Map 61, Parcel 11, and also known as 1780 Osgood Street, North
Andover, Massachusetts.
B) The “Plans” refer to the plans prepared by LJR Engineering, 234 Park Street, North Reading, MA
01864, entitled “Site Plan” and “Detail Plan”., dated August 5, 2011, September 1, 2011, and
most recently revised on September 15, 2011 along with an associated Checklist for Stormwater
Report and Stormwater Management Report dated July 19, 2011
C) The “Project” refers to a 50’ X 60’ addition to an existing metal frame building, along with 12’ X
6’ porch at the entryway, replacement of outside metal siding with masonry siding, along with
stormwater management improvements.
D) The “Applicant” refers to Louise and Tim Tanner 1780 Osgood Street, North Andover, MA
01845, the applicant for the Special Permit, its successors and assigns.
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.
Waivers
2) : The Applicant has requested waivers from the following provisions of the Town of North
including
Andover Zoning Bylaw, Section 8.3.5.e (xix) – Traffic Study, (xxii) – Fiscal Impact, and
(xxiii) – Community Impact. As part of this decision, the Planning Board has granted the above
waivers, in that it has found that the Applicant has provided sufficient information as part of its
application to address all traffic, fiscal, community, and other impacts.
) PRIOR TO THE START OF CONSTRUCTION
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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 developer shall provide the Planning Board with copies of permits, plans and decisions
received from all North Andover land use Boards, including one copy of a recorded Wetlands
Order of Conditions issued under the State Wetlands Protection Act and North Andover Wetlands
Protection Bylaw shall be delivered to the Planning Department.
D) A detailed 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.
five thousand dollars$5,000.00)
E) A bond in the amount of ( shall be posted for the purpose of
insuring that the site is constructed in accordance with the approved plan and that a final as-built
plan is provided, showing the location of all on-site structures. 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.
F) Per the Order of Conditions specified by the town of North Andover Conservation Commission,
the developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Conservation Commission and Planning staff. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Planning Board staff and
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J. Tropeano, 1780 Osgood St.
Map 61, Parcel 11
Site Plan Special Permit – Industrial Building Expansion
shall submit a copy of all reports required by the Conservation Commission to the Planning
Office staff.
G) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
H) 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. All existing
trees that will remain in the landscaped area are to be marked prior to the pre-construction meeting.
I) A pre-construction meeting must be held with the developer, their construction employees, Planning
Department, the Conservation Commission Agent, and Building Department (and other applicable
departments) to discuss scheduling of inspections to be conducted on the project and the construction
schedule.
4) 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) It shall be the responsibility of the developer to assure that no erosion from the construction site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to 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.
5) 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) A final as-built plan showing final topography, the location of all on- site utilities, structures, curb
cuts, parking spaces and drainage facilities, including invert elevations of all stormwater
structures, must be submitted to the Planning Department. 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. 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 the use of the building.
C) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
6) GENERAL CONDITIONS
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J. Tropeano, 1780 Osgood St.
Map 61, Parcel 11
Site Plan Special Permit – Industrial Building Expansion
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) 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.
D) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
E) 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.
F) 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.
G) 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.
after October 4, 2013
H) This Special Permit approval shall be deemed to have lapsed (two years
from the date permit granted), 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 site grading and tree clearing
as noted on the Grading & Utilities Plan, sheet 5 of 10.
I) The following information shall be deemed part of the decision:
Plans titled: Site Plan, 1780 Osgood Street, North Andover, Massachusetts, Assessors Map 61
Lot 11
Detail Plan, 1780 Osgood Street, North Andover, Massachusetts, Assessors Map
61 Lot 11
Date: Dated August 5, 2011, revised on September 1, 2011, and September 15, 2011.
Prepared for: Louise and Tim Tanner
1780 Osgood Street
North Andover, MA 01845
Prepared by: LJR Engineering
234 Park Street
North Reading, MA 01864
Scale: 1” = 40’
Sheets: 2.
Reports titled: Checklist for Stormwater Report and Stormwater Management Report
Date: July 19, 2011
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J. Tropeano, 1780 Osgood St.
Map 61, Parcel 11
Site Plan Special Permit – Industrial Building Expansion
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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