Loading...
HomeMy WebLinkAbout2012-06-05 Planning Board Supplemental Materials (89) PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover, Massachusetts, 01845 SITE PLAN REVIEW DECISION - Draft Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: June 5, 2012 Date of Hearing: April 3, 2012, May 23, 2012, and June 5, 2012 Date of Decision: June 5, 2012 Petition of: Lowell Five One Merrimack Plaza Lowell, MA 01852 Premises Affected: 498 Chickering Road Assessors Map 71 Lot 26 Referring to the above petition for a Site Plan Special Permit, from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31, and M.G.L. c.40A, Sec. 9. So as to allow the construction of a 3,159 sq. ft. single story bank building, with three (3) drive-through lanes, 24 parking spaces, associated landscaping, stormwater management and installation of utilities. The project also includes the demolition of an existing, abandoned gas station in the General Business (GB) Zoning District. After a public hearing given on the above date, and upon a motion by X and 2nd by X to APPROVE the Site Plan Special Permit, as amended, and based upon the following conditions. The vote was X – 0 in favor of the application. __________ On behalf of the North Andover Planning Board John Simons, Chairman Richard Rowen Timothy Seibert Michael Colantoni Dave Kellogg The Planning Board herein APPROVES a Site Plan Review Special Permit for allow the construction of a 3,159 sq. ft. single story bank building, with three (3) drive-through lanes, 24 parking spaces, associated landscaping, stormwater management and installation of utilities. The project also includes the demolition of an existing, abandoned gas station in the General Business (GB) Zoning District. The project is located at 498 Chickering Road, North Andover, Massachusetts, 01845, Assessors Map 71, Parcel 26 within the General Business (GB) Zoning District. The parcel totals approximately 36,759 sq. ft. with frontage on Chickering Road. This Special Permit was requested by Lowell Five, One Merrimack Plaza, Lowell, MA 01852.. The application was filed with the Planning Board on or about March 2, 2012. The public hearing on the above referenced application was opened on April 3, 2012, with additional hearings on May 23, 2012, and closed by the North Andover Planning Board on June 5, 2012. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 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: The specific site is an appropriate location for the project as it is the construction of a new bank building in a General Business District (GB), and includes changes to the stormwater management system that will improve the drainage on the lot, as well as extensive landscaping that will provide a buffer to existing properties as well as a buffer to Franklin St., Park St. and Chickering Road. Based on input received from both the Planning Board and the Planning Board’s consultants, the applicant has provided sufficient stormwater management facilities to mitigate flow of stormwater by providing a combination of open and closed systems, that will include catchbasins and deep sumps to be constructed at the low points of the parking area, with discharge via flared end section, with a rip-rap forebay to a grassed swale to be located in the ROW of Franklin Street. This design will not only mitigate the flow of stormwater, but will also prevent direct discharge of flow into the town’s drainage system in Chickering Road, thus complying with the Planning Board’s Site Plan Review standards. The project will consist of less impervious surface due to the removal of existing asphalt and the smaller footprint of the parking area and proposed building. The Traffic Study submitted by the applicant (and referenced in this document) concludes that the proposed project will generate 57 fewer vehicle trips during the morning peak hour and 28 fewer vehicle trips during the evening peak hour than the previous gas station. The proposed project also eliminates one existing curb cut on Chickering Road. The proposed site has the required area for the bank building, the drive-through bays and associated parking. The site had consisted of two parcels, which were combined through the ANR process, resulting in a parcel consisting of 36,759 sq. ft. The site is subject to a Sensitive Use Restriction, according to the deed provided by the applicant, registered at the Essex North Registry of Deeds, Boo 11072, Page 215. The applicant has provided a statement from William A. Simmons, a Licensed Site Professional, dated May 11, 2012, that summarizes the procedures that will be taken during construction by the LSP to comply with the deed restrictions. 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, 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: PERMIT DEFINITIONS and WAIVERS The “Locus” or “Site” refers to the 13,759 sq. ft. parcel of land with land fronting on Chickering Road as shown on Assessors Map 71, Parcel 26, and also known as 498 Chickering Road, North Andover, Massachusetts. The “Plans” refer to the plans prepared by Merrimack Engineering Services, 66 Park Street, Andover, MA 01810, entitled “Site Plan Proposed Bank Facility, located in, North Andover, Massachusetts.”, dated January 20, 2012, as most recently revised on May 30, 2012, consisting of Sheets 1 through 5. The “Project” refers to the construction of a 3,159 sq. ft. single story commercial bank building, with three drive-through bays, twenty four (24) parking spaces, associated landscaping, stormwater management and installation of utilities. The project also includes the demolition of an existing, abandoned gas station in the General Business (GB) Zoning District. The “Applicant” refers to Lowell Five, One Merrimack Plaza, Lowell, MA 01852, the applicant for the Special Permit, its successors and assigns. 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 limited to the applicant, developer, and owner. SPECIAL CONDITIONS PRIOR TO ENDORSEMENT OF PLANS The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover land use Boards. 2) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION Three (3) copies of the signed, recorded decision and the recorded plans must be delivered to the Planning Department. The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four (4) hours notice to inspect the site with the Planning Board staff. 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. A bond in the amount of fifteen thousand dollars ($15,000.00) shall be posted for the purpose of insuring that the site is constructed in accordance with the approved plan and that a final as-built plan is provided, showing the location of all on-site structures. 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 bond account. All stormwater management best practices shall be maintained as specified in the Stormwater Operations and Maintenance Plan that was submitted with the application. All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. These measures must include erosion control to protect all existing and proposed catch basins and oil traps on the site or on the streets adjacent to the project. A pre-construction meeting must be held with the developer, their construction employees, Planning Department and other applicable departments, to discuss scheduling of inspections to be conducted on the project and the construction schedule. 3) DURING CONSTRUCTION Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. 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 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. 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 ten days to cure said condition. PRIOR TO A CERTIFICATE OF OCCUPANCY The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the building. All stormwater structures shall be cleaned, in accordance with the approved Stormwater Operation & Maintenance Plan. 5) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS 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. A final as-built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities, including invert elevations of all stormwater structures, 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 as-built shall also provide a calculation showing the increase in impervious area. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) GENERAL CONDITIONS The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 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. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. If a dumpster is required once the building is occupied, the owner shall apply to the Board of Health for the appropriate permit. The location of the dumpster must be approved by the Planning Office. 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. 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. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. This Special Permit approval shall be deemed to have lapsed after June 5, 2014 (two years from the date permit granted), 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 or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun any site grading or tree clearing. The following information shall be deemed part of the decision: Plan titled: Site Permit Plan, 498 Chickering Road, North Andover, MA, Proposed Bank Facility located in North Andover, Massachusetts Prepared for: Lowell Five One Merrimack Plaza Lowell, MA 01852 Prepared by: Merrimack Engineering Services 66 Park St. Andover, MA 01810 Scale: 1” = 20’ Date: Dated January 20, 2012, last revised on May 30, 2012. Sheets: 1 through 5, plus Signage Plan Sheet 5 dated February 21, 2012. Conceptual Landscape Plan: Site Permit Plan Proposed Bank Facility Plan of Land in North Andover, Massachusetts Prepared For: Lowell Five One Merrimack Plaza Lowell, Ma 01852 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 Date: February 24, 2012, updated to April 27, 2012 Sheets: 2 Project Drainage Report: Proposed Bank Facility (498 Chickering Road) Dated: February 16, 2012, last revised May 23, 2012 Operations and Maintenance Plan: 498 Chickering Road, Lowell Five Bank Dated: May 1, 2012, last revised May 15, 2012 Traffic Report: Proposed Lowell Five Drive-in Bank Ref: 760-2 Prepared by: Dermott J. Kelly Associates, PE, PTOE Dated: February 27, 2012 Proposed Architectural Plans: Lowell Five, Proposed New Branch, North Andover MA Date: February 8, 2012 Sheets: A1-A3 cc: Town Departments Applicant Engineer Abutters Assessor