HomeMy WebLinkAboutMiscellaneous - 530 TURNPIKE STREET 4/30/2018 (2)L
m
m
O
O m
o m
o ^�
o A
Town of North Andover
Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
h!!p://www.townofnorthandover.com
Planning ]Director: iwoods@townofnorthandover.com
J. Justin Woods
NOTICE OF DECISION
SENT USPS VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
# rIoa� 0510 o000 08q 4 la -30
Pico Trust — 530 Turnpike Street
P (978) 688-9535
F (978) 688-9542
r�
r�
Site Plan Special Permit CD
The public hearings on the above -referenced applications were closed by the North Andover Planning Bdrd
on February 18, 2003. Present were Planning Board Vice Chair Alberto Angles, Clerk Richard Nardella,
Members Felipe Schwarz and George White, Associate Member James Phinney, Planning Director J. Justin
Woods, and Planning Assistant Debbie Wilson. John McGarrry of Pico Trust as well as Karl Dubay of MHF
Design appeared on behalf of the petitioner.
Nardella made, and Schwarz seconded, a motion to grant the Site Plan Special Permit to permit the
applicant to modify the exterior of the existing building and modify the parking plan. This Special
Permit was requested by John McGarry of Pico Trust, 401 Andover Street, North Andover, MA 01845. The
rrWnal application, excluding revised documentation, as cited herein, was filed with the Planning Board on
November 15, 2002 with subsequent submittals on file. The applicant submitted a complete application, which
was noticed and reviewed in accordance with 8.3 and 10.3 of the Town of North Andover Zoning Bylaw and
MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and
SPECIAL CONDITIONS set forth in Appendix A to this decision.
The Planning Board voted on the motion by a vote of 5 in favor to 0 against. A special permit issued by a
special permit granting authority requires a vote of at least four members of a five -member board. See MGL
Chapter 40A, Section 9 and Section 10:3(5) of the Town of North Andover Zoning Bylaw. Accordingly, the
Applications for the Site Plan Special Permit is approved with conditions.
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 to this decision within twenty days after the
date this decision has been filed with the Town Clerk.
Respectfully Submitted:
J.Woods, Planning Director
for e North Andover Planning Board: Voted:
John Simons, Chairman Y-N-Abst-N/A
Alberto Angles, Vice Chairman Y-N-Abst-N/A
Richard Nardella, Clerk Y-N-Abst-N/A
George White Y-N-Abst-N/A
Felipe Schwarz Y-N-Abst-N/A
James Phinney, Associate Member Y-N-Abst-N/A
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Pico Trust — 530 Turnpike Street
Site Plan Special Permit
February 21, 2003
Page 2 of 3
Appendix A
Site Plan Special Permit
The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Sections
8.3:
FINDINGS OF FACT:
1. The use will not result in any nuisance or serious hazard to vehicles or pedestrians.
2. The ZBA granted a setback variance to permit the proposed parking along Route 114 to match the existing
conditions on adjacent properties.
3. Existing travel lanes will be improved by the plan.
4. There will be minimal alteration to the existing site and structure as a result of the proposed changes.
5. Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Sections 8.3 and 10.3 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) No portion of the premises may be used for a restaurant or any other food related retail or preparation
business or a convenience store as there would not be adequate parking.
2) Snow removal may be'stored on the landscaping islands to the extent possible, but shall be trucked off AM
whenever snow exceeds onsite storage capacity.
3) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the
following conditions:
a) The plan shall be modified to show that parking space # 115 shall be eliminated and painted no
parking to comply with the ZBA approval.
b) A bond in the amount of $5,000 shall be posted for the purpose of insuring that a final as -built
plan showing the location of all on-site structures and parking. The bond is also in place to insure
that the site is constructed in accordance with the approved plan. 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.
4) Prior to the start of construction, 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.
5) Prior to FORM U verification (Building Permit Issuance):
a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered
to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning Department.
6) Prior to verification of the Certificate of Occupancy, the applicant must submit a letter from the architect
or engineer of the project stating that the construction and operations substantially comply with the plans
referenced at the end ofthis decision as endorsed by the Planning Board.
7) Prior to the final release of security, A final as -built plan showing final construction and location of the
building and parking spaces shall be submitted to and reviewed by the Planning Staff.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Pico Trust — 530 Turnpike Street
Site Plan Special Permit
February 21., 2003
Page 3 of 3
8) 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.
9) 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.
10) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
11) The provisions of this approval shall apply to and be binding upon the applicant, its employees and all
successors and assigns in interest or control.
12) Any action by a Town Board, Commission, or Department that 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.
13) 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.
14) This Special Permit approval shall be deemed to have lapsed on two years from the date the permit was
granted unless substantial use or construction has commenced. Substantial use or construction will be
determined by a majority vote of the Planning Board.
15) The following information shall be deemed part of the decision:
Plan: Office Building
530 Turnpike Street
Prepared for: John McGarry
Prepared by: Landry Architects
389 Main Street, Salem, NH 03079
Sheet C 1 Titled: Proposed Parking Plan
Dated: 11/15/02, last revised 1/28/03
Sheet A2.1 Titled: Proposed Exterior Elevations
Dated: 10/7/02, last revised 12/4/02
Plan:
Prepared for:
Prepared by:
Sheet L 1 Titled:
Dated:
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Engineer
Abutters
Assessor
DPW
Landscape Plan
530 Turnpike Street
John McGarry
Huntress Associates, Inc.
17 Tewksbury Street, Andover, MA 01810
Landscape Plan
1/30/03
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 $EALTH 688-9540 PLANNING 688-9535
Message
Woods, Justin
From: Simons, John Pohn.Simons@FMR.COM]
Sent: Tuesday, February 11, 2003 1:32 PM
To: 'Felipe Schwarz'; 'Justin Woods'
Cc: Simons, John
Subject: RE: 530 Turnpike
Page 1 of 2
Well put. I think this is a "chip shot" because this is an existing building that will look better post -development and
have an improved traffic pattern. -
-----Original Message -----
From: Felipe Schwarz (mailto:fschwarz@fpa-inc.com]
Sent: Tuesday, February 11, 2003 12:56 PM
To: 'Justin Woods'
Cc: 'John Simons (E-mail)'
Subject: RE: 530 Turnpike
Justin,
Sorry for the delay, here are my quick thoughts from our PB discussions... John please review/comment for anything
I may have misstated r missed. Thanks.
Parking.
- Most of the parking is existing, and will reconfigured.
- One of our conditions will say "no restaurants", which is most intensive parking use.
- While applicant does not know the use of the rest of the building, they have analyzed the most parking -
intensive use and DO meet the parking requirements for them.
- Parking along 114 runs in line with Crossroads project next door, and will have new white fence like Crossroads
plaza.
- Travel lanes in parking areas along 114 will be widened from the existing condition, providing for improved turning
radius over the existing condition.
- Parking area along Crossroads side of the building is existing and has building equipment on a pad along the
building; so the area is not available for a travel lane, and the 13.5' feet drive is one-way and has been reviewed by
the PB extensively.
Traffic Flow.
- First thing, this is an existing building and as of a little over a year ago it had tenants with reasonable problem -free
traffic flow. This project is basically a face-lift to the exterior and a minor change in use, and the Board felt a full
Traffic Study is not needed at this time.
- The flow of parking lot has not been a major issue of the Board, the traffic flow appears reasonable and logical.
- The access directions in and out of the project onto 114 are existing, and appears to be reasonable.
I think thats it.. The point here is that the ZBA should realize that the board has had several detailed discussions on
the project and has resolved several issues, check out Debbie's notes. Also, this is an 30 -yr old existing building
with existing parking, and existing curb cuts, and existing traffic flow. I think you get it.
Call us if you have any questions before or after your meeting with Bob. i have to leave at 3, so Im available on my
cell 978-621-3372 after 3.
Thanks.
Felipe Schwarz D
F F R 1 a 2003
2/11/03
BOARD OF APPEALS
Message Page 2 of 2
Fort Point Associates, Inc.
286 Congress St, 6th floor
Boston, MA 02210
617.357.7044 x207
617.357.9135 fax
-----Original Message ---
From: Justin Woods [mailto:jwoods@townofnorthandover.com]
Sent: Tuesday, February 11, 2003 12:35 PM
To: Felipe R Schwarz (E-mail)
Cc: John Simons (E-mail)
Subject: 530 Turnpike
The Zoning Enforcement Officer offered to meet with me to discuss this project prior to tonight's
meeting. His primary concerns are parking and traffic flow. Do you have an ETA for the bullets you
wanted me to discuss?
Thanks, jw.
J. Justin Woods
Planning Director
Town of North Andover
Community Development Division
27 Charles Street
North Andover, MA 01845
P (978) 688-9535
F (978) 688-9542
mailto:-jwoods@townofnorthandover.com
http://www.townofnorthandover.com/
2/11/03
Town of North Andover
Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
hft://www.townofnorthandover.com
Planning Director. jwoods@townofnorthandover.com
J. Justin Woods
NOTICE OF DECISION
SENT USPS VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
P (978) 688-9535
F (978) 688-9542
Pico Trust — 530 Turnpike Street
Site Plan Special Permit
The public hearings on the above -referenced applications were closed by the North Andover Planning Board
on February 18, 2003. Present were Planning Board Vice Chair Alberto Angles, Clerk Richard Nardella,
Members Felipe Schwarz and George White, Associate Member James Phinney, Planning Director J. Justin
Woods, and Planning Assistant Debbie Wilson. John McGarrry of Pico Trust as well as Karl Dubay of MHF
Design appeared on behalf of the petitioner.
Nardella made, and Schwarz seconded, a motion to grant the Site Plan Special Permit to permit the
applicant to modify the exterior of the existing building and modify the parking plan. This Special
Permit was requested by John McGarry of Pico Trust, 401 Andover Street, North Andover, MA 01845. The
original application, excluding revised documentation, as cited herein, was filed with the Planning Board on
November 15, 2002 with subsequent submittals on file. The applicant submitted a complete application, which
was noticed and reviewed in accordance with 8.3 and 10.3 of the Town of North Andover Zoning Bylaw and
MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and
SPECIAL CONDITIONS set forth in Appendix A to this decision.
The Planning Board voted on the motion by a vote of 5 in favor to 0 against. A special permit issued by a
special permit granting authority requires a vote of at least four members of a five -member board. See MGL
Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning Bylaw. Accordingly, the
Applications for the Site Plan Special Permit is approved with conditions.
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 to this decision within twenty days after the
date this decision has been filed with the Town Clerk.
Respectfully Submitted:
Z®
APR 16 2003
BOARD OF APPEALS
J. Justin Woods, Planning Director
for the North Andover Planning Board:
John Simons, Chairman
Alberto Angles, Vice Chairman
Richard Nardella, Clerk
George White
Felipe Schwarz
James Phinney, Associate Member
Voted:
Y-N-Abst-N/A
Y-N-Abst-N/A
Y-N-Abst-N/A
Y-N-Abst-N/A
Y-N-Abst-N/A
Y-N-Abst-N/A
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535