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HomeMy WebLinkAboutMiscellaneous - 1292 OSGOOD STREET 4/30/2018 (2) 1292 OSGOOD STREET - 210/034._= 000.0 Town of North Andover �°oT" William J. Scott Division Director Office of the Planning Department Community Development and Services Division f i " 27 Charles Street North Andover Massachusetts "s�"c""S�t Heidi Griffin Telephone(978)688-9535 I Planning Director Fax(978)688-9542 Notice of Decision ti Any appeal shall be filed o o e I Within (20) days after theW 66 o 70 Date of filing this Notice _ M �cry In the Office of the Town Clerk C);0 U)rnn rnxx Date: December 7, 2000 ' Date of Hearing: November 14,200& December 5, 2000 Petition of: Daniel and Joanne Forgetta, 1292 Osgood Street North Andover, MA Premises affected: '\ 1292-Osgood Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Sections 8.3, 10.3 and 10.31. So as to allow: the construction of a 3,480 square foot florist shop with an approximate 576 square foot detached greenhouse. After a public bearing given on the above date, the Planning Board voted to APPROVE the Special Permit for Site Plan Review, based upon the following conditions: Signed J01 --4r1Gr/1t Alison Lescarbeau, Chairman CC: Applicant John Simons, Vice Chairman Engineer- Alberto Angles, Clerk Abutters Richard Nardella DPW Richard Rowen Building Department William.Cunningham Conservation Department Health Department ZBA BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNI:NTG 688-9535 Site Plan Review - Special Permit 1292 Osgood Street—Forgetta Florist Shop The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 3,480 square foot florist shop with an approximate 576 square foot detached greenhouse located.in the B-1 Zoning.District. This Special Permit was requested by Daniel and Joanne Forgetta, 1292.Osgood Street, North Andover, MA 01845. This application was filed with the Planning Board on October 13, 2000. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 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 located in the Business 1 Zone and.involves the construction of a permitted use within the B-1 zone. The North Andover Zoning By-Law Section 4.126, Paragraph . 1 allows retail establishment and Paragraph 9 allows residential use including one and two family dwellings. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. Extensive landscaping has been provided around the perimeter of the property- 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant had demonstrated that the curb radii for the entrance/egress driveways is adequate. The applicant has also indicated that there is over 275' of site distance in either direction of the site.. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as amended by the Planning-Board,ofthe.North Andover Zoning Bylaw; 5. The site drainage system is designed in accprdance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer,VHB; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw except for the waiver granted in Condition#17_ 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 1 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 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,..VHB and the Town Planner and subsequently endorsed by the Planning Board. Revised plans must-be submitted including a detailed signage plan in conformance with the Town of North Andover Zoning Bylaw. The final plaps must be submitted for review within ninety days of filing the decision with.the Town Clerk.. b) A bond in the amount of seven thousand ($7,000) dollars must 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, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form ofsecurity must be acceptable-to the Planning Board 2. Prior to the start of construction: a) During construction,the.site must be kept clean and..swept regularly. b) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the .construction .and informing the public of Enticipated activities on the site. 3. Prior to FORM U verification (Building.Permit.Issuance): a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed.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 applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1) All structures,must contain a commercial fire sprinkler system. The plans and hydraulic calculations for.each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 2 a� d) The applicant must havereceived an approved subsurface disposal system from the North Andover Board of Health. Failure to receive an approved subsurface disposal system will result in a building permit not being issuerl_by the Planning Department. e) The applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for access and construction of the site to the Planning Department. 4. Prior to verification of the Certificate of Occupancy: a) The applicant must submit .a letter from the architect and 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_ b) 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. The.Planning .Staff shafl...review. the site. Any changes to the approved lighting plan as.may be..reasonably.required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project anylight onto adjacent residential.properties. c) .The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts.State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must.be.provided from both the.North Andover Fire. Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 5. Prior to the final.release.of security: a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. Specifically after the detention pond is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner will be added at the applicant's expense. 3 b) 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 and reviewed by the Planning Staff and the Division of Public Works. 6. 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 to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. 7. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds fxom.the structures or site. 8. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Fridayand.between 8:00 am..and 500 p.m. on Saturday. 9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced-by the owner. 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified-by the respective utility companies.. 12. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 13. No und@rground fuel storage shall be installed except as may be allowed by Town Regulations. 14. 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. 15. 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. 16. 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. 4 17. A waiver to Section 8.3.5.e.xix of the North Andover Zoning Bylaw requiring a Traffic Impact Study is GRANTED due to the fact that the new florist shop is proposed to be relocated from the existing facility it will replace. No increase in traffic demand from the existing shop, or a change in the number of employees from the existing shop is.expected. 18. This Special Permit approval shall be deemed to have lapsed after (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: i Plan Titled: Site Plan Florist Shop located in North Andover,MA Prepared For: Daniel and Joanne Forgetta 1292 Osgood Street,North Andover,MA 01845 Prepared By: Merrimack Engineering Services 66 Park.Street. Andover MA 018.10 Scale: J"=20' Date: October 6, 2000 revised November 9,2000 Sheets: 1 through.5 Plan Titled: Proposed Landscape and Lighting Plan,Preliminary.Building Floorplan&Elevations Prepared For.: Forgetta.Flowers,.North Andover,MA. Prepared By: Huntress Associates,Inc., Landscape Architecture and Land Planning 17 Tewksbury Street,Andover,MA 01810 Scale: 1"=20' Date: October 20, 2000 Sheets 1 through 2 Report Titled: Drainage Report Dated: 10/6/00, revised 11/9/00 Prepared By: Merrimack Engineering Services 66 Park Street Andover MA 01810 cc: Applicant Engineer File 5 r NORTH Town of North Andover William J. Scott Division Director Office of the Planning Department }� °a'' ''�0 •� Community Development and Services Division } 27 Charles Street °' `°`�` �.q�O��no North Andover Massachusetts Ss"CHUS� Heidi Griffin Telephone(978)688-9535 Planning Director Fax(978)688-9542 Notice of Decision ti Any appeal shall be filed o z o Within (20) days after the rn �o n Date of filing this Notice �' =X W m In the Office of the Town X r-y Clerk §oM�o Mss Date: December 7,2000 Date of Hearing: November 14,200& December 5,2000 Petition of: Daniel and Joanne Forgetta, 1292 Osgood Street North Andover, MA Premises affected: 1292 Osgood Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning.Bylaw Sections 8.3, 10.3 and 10.31. So as to allow: the construction of a 3,480 square foot florist shop with an approXimate 576 square foot detached greenhouse. After a public bearing given on the above date,the Planning Board voted to APPROVE the Special Permit for Site Plan Review, based upon the following conditions: Signed Ci1/G12y tel/1l �eir��� "=� Alison Lescarbeau, Chairman CC: Applicant. John Simons, Vice Chairman Engineer. Alberto Angles, Clerk Abutters Richard Nardella DPW Richard Rowen Building Department William.Cunningham Conservation Department Health Department ZBA BOARD O£APPEALS 688-9541 BIJILDINGS 688-9545 CONSERNIA 1ION 688-9530 HEALTH 688-9540 PLANWNTG 688-9535 i • Site Plan Review - Special Permit 1292 Osgood Street.-Forgetta.Florist Shop i The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 3,480 square foot florist shop with an approximate 576 square foot detached greenhouse located.in the B-1 Zoning.District. This Special Permit was requested by Daniel and Joanne Forgetta, 1292 Osgood Street, North Andover, MA 01845. This application was filed with the.Planning Board on October 13, 2000. The applicant submitted a complete application which was noticed and reviewed in accordance wit Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c 40A,see-9 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: I I FINDINGS OF FACT:. 1. The specific site is an appropriate location for the. project as it is located in the Business 1 Zone and.involves.the construction of a permitted use within the B-1 zone. The North /Andover Zoning By-Law Section 4.126, Paragraph 1 allows retail establishmer t and Paragraph 9 allows residential use including one and two family dwellings. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been prgvided. Extensive landscaping has been provided around the perimeter of the property_ 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant had demonstrated that the curb radii for the entrance/egress driveways is adequate. The applicant has also indicated that there is over 275' of site distance in either direction of the site.. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as amended by the Planning-Board,.ofthe North Andover Zoning Bylaw; 5. The site drainage system is designed in accprdance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer,VIM; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the_Zoning Bylaw except for the waiver granted in Condition#1 Z 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 1 I conditions in order to- be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: i SPECIAL CONDITIONS: 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,.VIM and the Town Planner and subsequently endorsed by the Planning Board. Revised plans must be submitted including a detailed signage plan in conformance with the Town of North Andover Zoning Bylaw. The final plaps must be submitted for review within ninety days of filing the decision withthe Town.Clerk.. b) A bond in the amount of seven thousand ($7,000) dollars must be posted for the purpose of insuring that a final as-built plan showing the location of allon-site utilities, structures, curb cuts, parking.spaces, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Board. 2. Prior to the start of construction: i a) During construction,the site must be kept clean and.swept regularly. b) 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. 3. Prior to FORM U verification (Building.Permit.Issuance): a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed 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 applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1) All structure&must contain a commercial fire sprinkler system. The plans and hydraulic calculations for.each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 2 d) The applicant must have. received an approved subsurface disposal system from the North Andover Board of Health. Failure to receive an approved subsurface disposal system will result in a building permit not being issued.by.the Planning Department. e) The applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for access and construction of the site to the Planning Department. 4. Prior to verification of the Certificate of Occupancy: a) The applicant must submit .a letter from the architect and 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.. I b) 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. The.Planning Staff shall..review the site. Any changes to the approved lighting.plan.as may be. reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light-onto adjacent residential.properties. c) .The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State.Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be.provided from both the.North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 5. Prior to the final.release.of security: a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. Specifically after the detention pond is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner will be added at the applicant's expense. 3 b) 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 and reviewed by the Planning Staff and the Division of Public Works. 6. 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 to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. . 7. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from.the structures or site. 8. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday.and.between 8.00.a.m..and 5.00 p.m. on Saturday. 9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced-by the owner. 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Tglephone, Cable and Electric utilities shall be installed underground as specified,by the respective utility companies.. 12. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 13. No underground fuel storage shall be installed except as may be allowed by Town Regulations_ 14. 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. 15. 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. 16. 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. i 4 17. A waiver to Section 8.3.5.e.xix of the North Andover Zoning Bylaw requiring a Traffic Impact Study is GRANTED due to the fact that the new florist shop is proposed to be relocated from the existing facility it will replace. No increase in traffic demand from the existing shop, or a change in the number of employees from the existing shop is.expected. 18. This Special Permit approval shall be deemed to have lapsed after (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: Plan Titled: Site Plan Florist Shop located in North Andover,MA Prepared For: Daniel and Joanne Forgetta 1292 Osgood Street,North Andover,MA 01845 Prepared By: Merrimack Engineering Services 66 Park.Street. Andover MA 018.10 Scale: �"=20' Date: October 6, 2000 revised November 9,2000 Sheets: 1 through 5 Plan Titled: Proposed Landscape and Lighting Plan,Preliminary.Building Floorplan&Elevations Prepared For: Forgetta.Flowers,North Andover,MA Prepared By: Huntress Associates,Inc.,Landscape Architecture and Land Planning 17 Tewksbury Street,Andover,MA 01810 Scale: 1"=20' Date: October 20, 2000 Sheets 1 through 2 Report Titled: Drainage Report Dated: 10/6/00, revised 11/9/00 Prepared By: Merrimack Engineering Services 66 Park Street Andover MA 01810 cc: Applicant Engineer File 5