Loading...
HomeMy WebLinkAboutMiscellaneous - 1801 TURNPIKE STREET 4/30/2018Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9535 Fax (978) 688-9542 N Notice Of Decision a �= Any appeal shall be filed o CD o . Within (20) days after the Date of filing this Notice o j >� In the Office of the Town D _3 � p o Clerk �, D -° W Date: December 20, 2001 N Date of Hearing: November 13, 2001, December 4, 2001 & December 18, 2001 Petition of: Jean Paul Proulx 1812 Turnpike Street, North Andover, MA 01845 Premises Affected: 1812 Turnpike Street North Andover, MA 01845 Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 and 10.3. So as to allow: the construction of a two-story clapboard and wood/metal frame office/retail building in the General Business Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Site Plan Review, based upon the following conditions: Cc: Applicant Engineer Abutters DPW Building Department Conservation Department Health Department ZBA 1. Signed: �hn ons, Chairman berto Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Felipe Schwarz BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Site Plan Review - Special Permit 1812 Turnpike Street The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 2 -story clapboard and wood/metal frame 20,250 square foot office and retail building located within the General Business Zoning District. This Special Permit was requested by Jean Paul Proulx 1812 Turnpike Street North Andover, MA 01845. This application was filed with the Planning Board on October 12, 2001. 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 General Business Zone and involves the construction of a permitted use within the General Business Zone. The North Andover Zoning By -Law Section 4.131, allows retail establishment and office use within the General Business Zoning District. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The first 15 feet of the total setback abutting the residential district shall remain open and green and suitably landscaped, this has been provided along the rear lot line. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that the curb radii for the entrance/egress driveways are adequate. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer, Coler & Colantonio. 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 #21. 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. This approval is based on the fact that a restaurant will not be included in the development. This restriction is required due to the fact that the parking ratio is greater than that for office and retail. Presently, 10,000 SF of Retail and 10,000 SF of office require 83 parking spaces, the proposed plan provides parking for 83 spaces. If the development chooses to include a restaurant(s), a site plan review special permit must be applied for from the Planning Board. 2. The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 3. The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 4. 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 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. b) A bond in the amount of ten thousand ($10,000) 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 of security must be acceptable to the Planning Board. c) Deeds and easements relative to the project must be supplied to the Planning Staff. 5. Prior to the start of construction: a) During construction, the site must be kept clean and swept regularly. 2 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. c) The Town Planner must be contacted and review the site prior to any cutting on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 6. 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 Planning Board recognizes that the applicant may want to construct the building with the addition of columns and eaves as depicted on plans titled Paul Proulx Retail/Office Building Elevations dated November 19, 1999 sheet A-3.1 the Planning Board supports the addition of the columns and eaves. To construct the additions the applicant must obtain a variance from the Zoning Board of Appeals, allowing a reduction to the 100 -foot setback requirement. A recorded copy of the Zoning Board' of Appeals decision certifying the variance has been granted must be provided to the Planning Department. d) 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. 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. 7. 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. 3 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. 8. 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. 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. 9. 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. 10. 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. No mechanical devices (i.e. HVAC, vents, etc..) which may be visible from any surrounding roadways shall be placed on the roof. 51 11. 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. 12. 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. 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 15. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 16. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 17. Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process were presented for the materials of the signage only. Any signage plans must conform to Section 6, Signage and Outdoor lighting Regulations of the Town of North Andover Zoning Bylaw. In no way is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. 18. 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. 19. 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. 20. 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. 21. A waiver to Section 8.3.5.e.v of the North Andover Zoning Bylaw requiring topography: contour intervals depicted at two (2') intervals is GRANTED due to the fact that a one foot contour interval was chosen to properly illustrate the drainage characteristics of a relatively flat site. 22. This Special Permit approval shall be deemed to have lapsed after December 20, 2003 (two years from the date permit granted) unless substantial use or 5 construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 23. The following information shall be deemed part of the decision: Plan Titled: Office/Retail Development Prepared For: Jean P Proulx 1812 Turnpike Street, North Andover, MA 01845 Prepared By: Allen & Major Associates, Inc 100 Commerce Way P.O. Box 2118 Woburn, MA 01888 Scale: I"=20' Date: 12/23/99 revised 1/07/00, 1/07/00, 8/09/00, 3/30/01, 11/13/01 & 12/04/01 Plan Titled: Paul Proulx Office/Retail Building Prepared By: Mulvanny Architects 11820 Norhup Way, Bellevue, WA 98005 Scale: 1/8"=1'-0" Date: November 19, 1999 Report Titled: Drainage Calculations Dated: October 12, 2001 Prepared For: Jean P. Proulx 1812 Turnpike Street North Andover, MA 01845 Prepared By: Allen & Major Associates, Inc 100 Commerce Way P.O. Box 2118 Woburn, MA 01888-0118 Report Titled: Fiscal and Community Impact Report Prepared for: Paul Proulx 1812 Turnpike Street North Andover, MA 01845 Prepared by: Elmer A Pease PD Associates, LLC Real Estate Consultants 1600 Candia Road Suite #7 Manchester, NH 03109 cc: Applicant Engineer File rel