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HomeMy WebLinkAboutDecision - 1679 OSGOOD STREET 11/8/2017 J- J — Town of North Andover Office of the Planning Department Community Development and Services Division Noy PM 3-.21 120 Main Street North Andover,Massachusetts 01845 TtiiWi 10 NORTH NOTICE OF DECISION A S 3 A Ci!0"3) SITE PLAN REVIEW This is to wVy that WMly(20)days have elapsed fforn date of decision,filed Any appeal shall be filed without Ong of an appeal. within (20) days after the Date date of filing this notice in JbpA A;Qmdshaw the office of the Town Clerk. Date: November 7, 2017 Date of Hearings: October 17, 2017, November 7, 2017 Date of Decision: November 7,2017 Petition of: Chad Lawlor 1.679 Osgood Street North Andover,MA 01.845 Premises Affected: 1679 Osgood Street North Andover,MA Assessor's Map 61,Parcel 16 Referring to the above petition for a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw Sections 8.3, 10.3, 10.31 and 16,and M.G.L. c.40A,Sec. 9. So as to allow to allow a contractor's yard and outside storage of landscape products and landscape/contractors equipment located within the Corridor Development District 3 (CDD3)Zoning District. After a public hearing given on the above date, and upon a motion by A. Preston and 2,d by P. Boynton to APPROVE the Site Plan Review Special Permit and based upon the following'conditions.Vote was 5—0 in favor of the application. Oniehalf of North Andover Planning Board g Board John Simons, Chairman Peter Boynton Jennifer Bums Luz Eitan Goldberg Aaron Preston ATT-R-ST* ATruecopy Tow-,,Clerk Iviap al,rWUVI 10 Site Plan Review Special permit Page 2 of 6 The Planning Board herein APPROVES the Site Plan Review Special Permit as to allow a contractor's yard and outside storage of landscape products and Iandscape/contractors equipment located within the Corridor Development District 3 (CDD3)Zoning District.The project is located at 1679 Osgood Street, North Andover,Massachusetts, 01845,Assessors Map 61,Parcel 16. This Special Permit was requested by Chad Lawlor, 1679 Osgood Street,North Andover,MA 01845. The application was filed with the Planning Board on September 25,2017. The public hearing on the above referenced application was opened on October 17,2017 and closed by the North Andover Planning Board on November 7,2017. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 8.3, 10.3, 10.31 and 16 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9. 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. In accordance with 8.3, 10.3, 10.3 1, and 16 the PIanning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: FINDINGS OF FACT 1) The specific site is an appropriate location for the project. 2) The use as developed will not adversely affect the neighborhood. 3) There will be no nuisance or serious hazard to vehicles orpedestrians. 4) The Building Commissioner has deemed the use is allowed by special permit under Bylaw,Section 16 and his recommended Site Plan revisions as identified on sketch plan signed and dated October 17, 2017 have been incorporated in the revised Site Plans dated October 18, 2017 (See mail correspondence dated Oct. 11,2017 and Special Permit sketch plan with notes dated Oct. 17,2017) 5) The Fire Department reviewed the project and has confirmed turning ability for the Fire Department apparatus. Any flammable or combustible storage must comply with NFPA 30. (See memo from Chief McCarthy dated October 20,2017) 6) NA Police Department has reviewed the project and have no issues with the proposed project.(See memo from Lt.Lanen dated October 10,2017) 7) The Department of Public Works has reviewed the Site Plan and recommended changes frons.the Building Department and does not have any concerns. (See email correspondence from John Borgesi dated October 27,2017) 8) The Health Department has reviewed the project and requested a condition that no additional flow be added to the existing septic system for the proposed business. (See email correspondence from Brian;LaGrasse dated October 27,2017) 9) Additional screening was added to the Site Plan in order to provide a more substantial buffer to the residential neighborhood located to the rear of the site. 1679 Osgood Street Map 61,Parcel 16 Site Plan Review Special Permit Page 3 of 6 10)Noise concerns raised at the public hearing were deemed to be an existing condition as a similar use is in operation along the Rt. 125 corridor.This commercial use will have a negligible impact. 11)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 and 16.6,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: WAIVER 12) 8.3.5(e)(viii): Stormwater Management Plan: All applications for Site Plan Review shall =include the submittal of a Stormwater Management Plan prepared in accordance with the latest version of the Massachusetts Stormwater Handbook and additional criteria established herein and demonstrating full compliance with the Massachusetts Stormwater Standards and the North Andover Stormwater Management and Erosion Control Regulations promulgated under Chapter 160 of the Town Bylaws. This requirement is waived since no activity is proposed within 100'of wetlands, no impervious areas proposed,, no buildings proposed, no changes in grading or topography proposed,no new drainage facilities proposed or any being changed. 13) 8.3.5(e)(ix): Building Location: Mentification of all existing and proposed structure(s) located on the site. The number of stories, overall height in feet and gross floor area in square feet of all structure shall be indicated. This requirement is waived as there are no proposed buildings. 14) 8.3.5(e)(x): Building Elevation:A drawing of the exterior of the building, as viewed fiom the front(street view)must be submitted.The Planning Board may request rear views if relevant to the Board's review.This requirement is waived as there is no building proposed to be built. 15) 8.3.5(e)(xx): Traffic Impact Study: Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project.Projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review.This requirement is waived as the residential trip generation is existing and will not change,there are no new buildings and the site is already developed, and the historical use was retail and wholesale florists with substantial automobile and truck generation. SPECIAL CONDITIONS 16) Permit Definitions: • The"Locus"or"Site"refers to the 2.8 acre parcel of land,as shown on Assessors Map 61, Parcel 16, and also known as 1679 Osgood Street,North Andover,Massachusetts. • The"Plans"refer to the plans prepared by Merrimack Engineering Services,66 Park Street, Andover, MA 01810, entitled "Special Permit/Site Plan North Andover Massachusetts", dated September 5,2017 and revised to October 18,2017,prepared for Chad R.Lawlor. • The "Project" refers to allowing a contractor's yard and outside storage of landscape products and landscape/contractors equipment located within the Corridor Development District 3 (CDD3)Zoning District. • The"Applicant"refers to Chad Lawlor, 1679 Osgood Street,North Andover,MA 01845, the applicant for the Special Permit, its successors and assigns. map V A,F aL(,vi 1 V Site Plan Review Special Permit Page 4 of 6 • 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 Iimited to the applicant, developer, and owner. 17) The Director of Planning shall approve any changes made to these plans. Any changes deemed substantial by the Planning Department would require a Public Hearing and Modification by the Planning Board. 18).Any flammable and/or combustible storage must comply with NFPA 30. 19) The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from excessive noise, dust, smoke, or vibration which are higher than levels now experienced from uses permitted in the surrounding area. 20) The hours of operation,for the commercial use, shall be limited to Monday through Saturday 7:00 am to 7:00 pm with the exception of snowplowing operations; 21) The commercial use shall comply with applicable state air pollution control regulations and policies in connection with sound levels. 22)No additional flow shall be added to the existing septic system without first obtaining approval by the Health Department. The commercial use shall utilize self-contained portable toilets on an ongoing basis. 23) All outdoor lighting shall be designed so as not to adversely impact surrounding uses and residential properties,while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness. 24) Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness. 25) Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries, and shall be directed toward the object or area to be illuminated. Light shall be directed away from residences. 26) Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. PRIOR TO THE ISSUANCE OF A BULLDING PERMIT 27) Two (2) copies of the signed, recorded decision and plans must be delivered to the Planning Department. E 1679 Osgood Street Map 61,Parcel 16 Site Plan Review Special Permit Page 5 of 6 28) A performance guarantee bond of two thousand dollars ($2,000.00)made out to the Town of North Andover must be posted to insure that the construction erosion control, and 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. 29) 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. DURING CONSTRUCTION 30) Dust mitigation must be performed weekly,or more frequently as directed by the Director of Planning, throughout the construction process. 31) Any stockpiling of materials (dirt, wood, construction material, ete.) 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.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. 32) 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 three days to cure said condition. PRIOR TO A CERTIFICATE OF OCCUPANCY 33) The Applicant must submit a letter from the project engineer stating that the building and Site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS 34)A final as-built plan showing final building design and Site improvements must be submitted to the Planning Department. The as-built must be provided in paper form as well as in SDF (Standard Digital File)format. 35) The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved pian. GENERAL CONDITIONS 36) 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. 37)A final as-built plan showing the final location of all on- site structures, curb cuts, parking spaces must be submitted to the Planning Department.The as-built 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 substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. F 1679 Osgood Street Map 61,Parcel 16 Site flan Review Special Permit Page 6 of 6 3 8) Any plants,tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity. 39) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 40) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 41) 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. 42)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 43) 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. 44) 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. 45) Any revisions shall be submitted to the Planning Director for review.If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. 46) Pursuant to the North Andover Zoning Bylaw Section 10.31.3 this Special Permit approval shall be deemed to have lapsed November 7,2019(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. 47) The following information shall be deemed part of the decision: Plan titled: Special Permit/Sitc Plan North Andover Massachusetts Prepared for: Chad Lawlor 1679 Osgood Street North Andover,MA 01845 Prepared by: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Scale: 1"=40' Date: September 5,2017,revised to October 18,2017 cc: Applicant Abutters Town Cleric iJIM4't 510NAL ANU PFN iTY GMMARY - vv R i ma - " xo ice n No o�n Awoscr. on �zr nnr uas vc w rer z m.++m rear tr.,oa ry [ r „�00(7S x..o -z '° .as`'`" .z �re a.c.as a rourreacma�nreo to +v xn o;N L.x Ynare>. er - - .�u�reru - ru�a�� rr �} x i mil��35 ��,a� \e�"} - --__•• � � oNcrr,r ) go r4Yl;CIAL f'EkMIT/,SITF, PIAN { ;0 TH ANI)0VAI� MASSACHUSb„TTS `w CHAD R 7A PvLCk �S�Odp� SfiRI-[T �ROJTEF125) - — �K .Waned ) �, = trz cosi ox r�oeracrco)c�H MPfrRIAfACK EYGINEERIN 77 VIGP U VKHA L PLAN am 1_ r ------------------------ a — 44, —-- 4i FST r� a d s aI ----------------- a i a i 1�—`t— — _-- _ —tee— any -- — --- � _ — — _ "OSGOOD STREET (ROUTE 125) �. 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