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HomeMy WebLinkAboutMiscellaneous - 586 MASSACHUSETTS AVENUE 4/30/2018 (3) TTS U,,AVENUE l � � � NUNIINIIIU UUNIIU TOWN OF NORTH ANDOVElt SACUUSETTS 1i011 f' 1i l,''.'JI, 1 NORTH 1 o ti Any appeal shall be filed uM 117 P1 `i p within (20) days after the date of filing of this Notice in the Office of the Town s^C HUS Clerk. NOTICE OF DECISION SITE PLAN REVIEW, MODIFICATION Date. . .June� .12 , . �9.9.j . . . . . . . . . . . Date of hearing •MaX• ,3O . • 1991 • • Petition of . dl✓Cagt-'o. N.e,1.sQm.AsS.mQiates.,. .Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . X86. . �����h�.�tt�.AYe.•.►. .�or�t1� �ndovex.,. .M�. Oa.84S . . . . . Referring to the above petition for a special permit from the requirements of the .Noy;tk�, AndQ�z�z. 2P.ni.nq.8�.7.ar,t,. .Sec ,i.on .8: 3b. • . a ,. � p ragraph• 2• &. .3 . . . . . . so as to permit . .CQpptX:tlgtioil. .ot .a .1.9.,.6.33 ,.s .. -Lt- .structure• and q assoeiates arkin facilities for P g use as a �, . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � r� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a publiclie hearing given on the above date, the Plutuiii6 Board voted to . aP.P.rove. . . . . . .the . .S.�tq .]FIAA .RQview. MQdification. . . . . . . . . . . . . . . . . . . . . . bused upon the following conditions : Signed George.D:, Pe�r}�, , jr..., ,Cha.ixman • John •Simons.,• ,Clerk• . Joseph .Mahoa-rey . . . . . . . . . . . . . . . Johx� .>�xapez . . . . . . . . . . . . . . . . . . . Richard N�irde•114 . • • • , • , • , , • . . . . . Planlnng Bonird June 12 , 1991 Mr. Daniel Long, Town Clerk Town of North Andover 120 Main Street North Andover, MA 01845 Re : Special Permit - Modification deCastro Nelson, Assoc . Dear Mr. Long: The North Andover Planning Board held a public hearing on May 16 , 1991 , upon the application of deCastro Nelson Associates, Inc . , requesting a Site Plan Review Modification under the provision of Section 8 . 36 , Paragraphs 2 and 3 of the North Andover Zoning Bylaws. The public hearing was duly advertised in the North Andover Citizen on May 1 , and. May 8, 1991 in the North Andover Citizen and all parties of interest were properly notified. The following members were present and voting: George Perna, Jr. , Chairman, John Simons, Clerk, Joseph Mahoney, John Draper. Richard Nardella excused himself from any conversation due to a potential conflict of interest. The purpose of the modification is for the construction of a Church. The premises affected are located on the North side of Massachusetts Avenue in a Residential 4 (R-4 ) Zoning District. John Simons read the legal notice to open the public hearing. Richard Nardella excused himself from conversation due to a potential conflict of interest. Christian Huntress, Town Planner, stated that the applicant is requesting a modification to the previous approval , dated August 7 , 1990 . The reasons for the request of modification are as follows : 1 . The Planning Board ' s original approval stipulated that the applicant receive a legal easement from the School Committee for parking and access on the property of the Atkinson School . This easement was to be recorded with the Northern Essex Regisrty of Deeds. The applicant has approached the School Committee and they are reluctant to grant an easement to the church for fear that this easement may restrict future expansion plans for the school . Due to this discrepancy the applicant is requesting that the Planning Board reconsider their original condition that a bridge be built to connect the property of the church to the Atkinson School . 2 . The original plans approved by the Planning Board showed the exterior construction of the church to be of masonry block, slate roofing shingles and other material which will incur additional cost. Due to uncollected revenues the applicant would like to construct the proposed structure of clapboard/wooden shingles and asphalt roofing shingles. - I Mr. deCastro, of deCastro Nelson Associates was present on I behalf of the First Calvary Baptist Church. Mr. deCastro stated that the church ' s Building Committee had petitioned the School • Committee on several occasions for the easement and . had been unsuccessful . Mr. deCastro went on to say that in light of the applicants inability to secure the easement as required by the Planning Board the Church had no alternative but to apply to the Planning Board for a modification of the original approval . George Perna asked how the original conditioned read with regard to requiring that a legal easement be recorded. Christian Huntress read the following condition from the original approval : 18. The applicant shall receive approval from the North Andover School Department for construction of the proposed connection between the Atkinson School and the church . Any changes to the plans approved by the Planning Board shall be reviewed by the Town Planner. Any changes which the Town Planner may deem as major shall be approved by the Planning Board. 19 . Upon receiving approval from the School Department, and prior to receiving a Building Permit, the applicant shall furnish and cause to be recorded with the Northern Essex Regisrty of Deeds easement documents . These easements shall allow reciprocal access to both the property of the church and the Atkinson School . Reverend Dickerson of the First Calvary Baptist Church was present. Reverend Dickerson stated that the Church was willing to cooperate in any was possible, but that they had been unable to satisfy the conditions of the original approval through no fault of their own. Reverend Dickerson asked if there was any other way to facilitate the wishes of the Planning Board without requiring the recording of an easement. George Perna asked staff if an easement would be required to allow access to the school ' s property. Christian Huntress replied b saying that this was a legal issue that could be addressed to Y Y g g counsel . Mr. deCastro continued his presentation and reviewed the proposed changes to the exterior construction of the proposed structure . John Simons stated that the change to clapboard and other less expensive material sounded acceptable due to the nature of the surrounding residential neighborhood which is similar in character to the building now being proposed. George Perna asked if anyone from the audience would like to speak. Mr. Paul Connors of Autran Ave . was present and expressed his concern with regard to traffic circulation, and the material to be used in construction of the church. George Perna stated that the change . in material seemed to make the building appear more residential in character which should better fit the surrounding neighborhood. Mr. Perna went on to say that staff would review the legal opinion with counsel and the Board is still considering conditioning the construction of a connecting bridge to the property of the Atkinson school . 1 Upon a motion made by John Simons, and seconded by Joseph Mahoney, the Board voted to . continue the public hearing to May 30, 1991 and to further, direct staff to contact Town Counsel with regard to the issues discussed, and prepare a draft decision for review on May 30, 1991 . The vote was unanimous . On May 30, 1991 the Planning Board continued the public hearing with regard to deCastro Nelson Assoc . Inc , and the site Plan Review Modification for the First Calvary Baptist Church. Richard Nardella excused himself from conversation due to a possible conflict of interest. Christian Huntress reported to the Planning Board that counsel has not yet responded to the issue of whether easements would be required to allow access to the property of the school . Mr. Huntress then passed out a copy of the draft decision as prepared by staff . George Perna asked if the Board could vote a decision contingent upon the ruling of counsel. Christian Huntress stated that the board could vote to approve the decision as draft by staff and amended. John Simons then said that he felt it appropriate to condition the church to either place the bridge or build a sidewalk along Massachusetts Avenue to allow pedestrian access . Mr. Simons went on to say that should the church build the sidewalk then they shall also place a sign when the parking lot is full directing vehicles to the parking lot at the Atkinson School. Upon a motion by John Draper, seconded by Joseph Mahoney, the Planning Board voted to approve the Site Plan Review Modification as drafted by staff and amended by the Planning Board. Attached are those conditions . Sincerely, PLANNING BOARD George 1Y. Perna, Jr , Chairman CC : Director of Public Works Board of Public Works Highway Surveyor Building Inspector Conservation Commission Board of Health Assessors Police Chief Fire Chief Applicant Engineer File FIRST CALVARY BAPTIST CHURCH MASSACHUSETTS AVE. AND CHICKERING STREET.. NORTH ANDOVER, MASS. SITE PLAN REVIEW MODIFICATION, SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. The Planning Board makes the following findings regarding this Site Plan Review Application as required by section 8 . 3 of the North Andover Zoning Bylaws: s FINDINGS OF FACT: f 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has been provided with the adherence to the approved plans. 3 . The landscaping plan as shown and revised, meets the requirements of section 8.4 of the Zoning Bylaws, with the addition of the enclosed conditions. 4 . The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8. 3 of the Zoning Bylaw. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this modification 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. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Site Plan Review application before us, the Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. 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 this approval, shall be replaced by the owner. 2 . Prior to the issuance of a building .permit the applicant shall place erosion control measures on site as directed by I the Town Planner. 3 . All Planning Board Order of Conditions are to be placed upon the recorded final plan, ( Cover Sheet ) prior to Planning Board endorsement and filing with the Registry of Deeds. 4 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 6. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 7 . No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 9 . All buildings shall have commercial fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. All fire suppression systems shall be in accordance with the rules and regulations of the NAFD. 10. Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 11. Prior to a Certificate of Occupancy being issued for the structure, the site shall be reviewed by the Planning Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. 12 . The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 13 . All lighting found within the site shall be as approved by the Planning Board and shall not project into adjacent properties. Prior to a Certificate of Occupancy being issued for the structure, the site shall be reviewed by the Planning Board. Any changes to the approved lighting plan as may be reasonably required by the Planning Board shall be made at the owners expense. 14 . All signs within the project shall be of wood or stone, with uniform lettering and design. The signs shall in no way be interior illuminated. (Neon or other means) 15. No mechanical devices (ie: HVAC, vents, etc. . . ) which may be visible from any surrounding roadways shall be placed on the roof I 16. A bond in the amount of $5000.00 shall be posted for the purpose of insuring that a final As-Built plan showing location of all on site utilities, structures, curbcuts, parking spaces and drainage facilities be submitted. This bond shall be in the form of a passbook and shall be submitted prior to the issuance of a Building Permit. 17. The applicant shall receive all necessary approvals and permits from the State Department of Public Works for indirect access onto Route 125. This approval from MDPW shall be secured prior to the applicant receiving a Building Permit. 18. Prior to a Building Permit being issued the North Andover Division of Public Works shall approve all plans. Any changes to the plans approved by the Planning Board shall be reviewed by the Town Planner. Any changes which the Town Planner may deem as major shall be approved by the Planning Board. 19 . A tree cutting plan shall be submitted to the Town Planner. Prior to the applicant receiving a Building Permit a no cut line shall be established and approved by the Town Planner. 20. Prior to a Building Permit being issued, the Town Planner shall approve of the material to be used in the exterior wall construction. 21. Only one access point shall be allowed on Massachusetts Ave. This access shall be as designated in the approved plans. 22 . The applicant shall construct a vehicular bridge to handle overflow parking for particular events held at either the church or the school. The bridge shall be as shown on the original plans approved by the Planning Board. Although the bridge shall be gated to control vehicular access, pedestrian access shall be open at all times. 23 . The applicant shall grant an easement to the School Department for access and parking. This easement shall be approved by Town Counsel and filed with the Northern Essex Registry of Deeds prior to the issuance of a Certificate of Occupancy. 24. The applicant shall prepare a final set of plans as approved b this conditional Site Plan Review approval.Y pp This final set of plans shall be approved by the Town Planner prior to the issuance of Building Permit. I The following plans shall be deemed as part of the decision: Plans Entitled: First Calvary Baptist Church. Site Plan, and all other accompanying sheet as listed Ll - L5. J Prepared for: First Calvary Baptist Church ..586 Massachusetts Ave. North Andover, MA 01845 Prepared by: de Castro Nelson Assoc. Architects and Planners 347 Congress Street Boston, MA 02210 Sheets: L1 - L5 Date: 3/30/90 Final revision date: 4/16/91 Scale: 1"= 20 ' cc: Superintendent of Schools Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File