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HomeMy WebLinkAbout2013-01-15 Planning Board Supplemental Materials (34) PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover, Massachusetts, 01845 SITE PLAN REVIEW DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: January 15, 2013 Date of Hearing: December 18, 2012, January 15, 2013 Date of Decision: January 15, 2013 Petition of: Gene Espinola 41 Second Street North Andover, MA 01845 Premises Affected: 41 Second Street, Assessors Map 30 Lot 35. 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-unit residential building with a parking lot containing eight (8) spaces. The project will include drainage and stormwater management systems, landscaping, and minor grading work within the Residential-4 (R-4) 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. Vote was X – 0 in favor of the application. __________ On behalf of the North Andover Planning Board John Simons Richard Rowen Michael Colantoni Dave Kellogg Lynne Rudnicki Lora McSherry The Planning Board herein APPROVES the Site Plan Special Permit to allow the construction of a 3-unit residential building with a parking lot consisting of eight (8) parking spaces to be located on the side of the building. The project will include drainage and stormwater management systems, landscaping, and minor grading work within the Residential-4 (R-4) Zoning District. The project is located at 41 Second St., North Andover, Massachusetts, 01845, Assessors Map 30, Parcel 35 within the Residential 4 (R-4) Zoning District. The parcel totals approximately 14,005 sq. ft. with frontage on Second St. This Special Permit was requested by Gene Espinola, 434 Broadway, Lawrence, MA 01841. The application was filed with the Planning Board on or about November 27, 2012. The public hearing on the above referenced application was opened on December 18, 2012, and closed by the North Andover Planning Board on January 15, 2013. 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 a conversion of an existing single family home into a 3-unit residential building, in the Residential 4 District. The applicant applied for and received a Special Permit from the Town of North Andover Zoning Board of Appeals in order to raze the existing dwelling unit and to construct a new 3-unit building. The ZBA found that the proposed would be in harmony with the neighborhood and with the general purpose and intent of the town’s Zoning Bylaw. The expansion will include the creation of eight (8) new parking spaces, most of which will be located on the southwestern side of the building. Based on input received from both the Planning Board and the Planning Board’s stormwater management consultant the applicant is providing for treatment of both volume and flow of stormwater for the new parking lot, thus complying with Massachusetts Stormwater Standards, as well as the Planning Board’s Site Plan Review standards. Runoff from the new parking area will be directed towards an underground infiltration system, which will also capture the roof drainage from the front of the building. A vegetated swale will be constructed at the eastern side of the building to capture runoff before it reaches the abutting property. A Homeowner’s Association Declaration of Trust will contain all details regarding the maintenance of the underground infiltration system. The use as developed will not adversely affect the neighborhood as the proposed building is in a residential neighborhood. The parking lot is to be constructed on the western side lot of the parcel, adjacent to a ROW owned by the North Andover Housing Authority. All plantings and screening depicted on the approved plans referenced herein shall be maintained in perpetuity over the life of the project. There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a significant impact on pedestrian safety and vehicular circulation since the new parking area will minimize on-street parking in the immediate neighborhood. 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: DEFINITIONS and WAIVERS Permit Definitions: The “Locus” or “Site” refers to the 14,005 sq. ft. parcel of land with land fronting on Second Street as shown on Assessors Map 30, Parcel 35, and also known as 41 Second Street, North Andover, Massachusetts. The “Plans” refer to the plans prepared by Andover Consultants Inc., 1 East River Place, Methuen, Ma 01844 entitled “Site Plan 41 Second Street North Andover, Mass.”, dated November 20, 201, as most recently revised on December 26, 2012, consisting of Sheets 1 and 2, along with an associated Community and Traffic Impact report dated November 7, 2012, Landscape Plan dated July 12, 2012, and Drainage Study dated November 20, 2012 in support of Permit Site Plan. The “Project” refers to the construction of a 3-unit residential building with a parking lot containing eight (8) spaces. The project will include drainage and stormwater management systems, landscaping, and minor grading work within the Residential-4 (R-4) Zoning District. The “Applicant” refers to Gene Espinola, 434 Broadway, Lawrence, MA 01841, 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. Waivers: The Applicant has requested waivers from the following provisions of the Town of North Andover Zoning Bylaw, including Section 8.3.5.e (xix) – Traffic Study, (xxii) – Fiscal Impact, and (xxiii) – Community Impact. As part of this decision, the Planning Board has granted the above waivers, in that it has found that the Applicant has provided sufficient information as part of its application to address all traffic, fiscal, community, and other impacts. SPECIAL CONDITIONS: 1) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. One certified copy of the recorded decision must be submitted to the Planning Department. 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 draft copy of the Homeowner’s Agreement must be provided for review by the town’s attorney. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A bond in the amount of ten thousand dollars ($10,000.00) 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 escrow account. The developer shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning staff. The Construction Monitor shall file weekly reports during construction of the underground infiltration area and the construction of the parking lot. Monitoring reports can be filed on a monthly basis during the construction of the residential dwelling unit. The monitor must be available upon four (4) hours notice to inspect the site with the Planning Board staff. All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. Yellow “Caution” tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. All existing trees that will remain in the landscaped area are to be marked prior to the pre-construction meeting. A pre-construction meeting must be held with the developer, their construction employees, Planning Department, and other applicable departments, to discuss the construction schedule. 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. The applicant shall provide a recorded copy of the recorded Homeowner’s Association Agreement, containing the Operations and Maintenance Plan. 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. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The applicant must also 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. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. GENERAL CONDITIONS Any plants, tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity. 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. 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 January 15, 2015 (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 site grading and tree clearing as noted on the Permit Site Plan. The following information shall be deemed part of the decision: Plan titled: Site Plan 41 Second Street North Andover, Mass. Prepared for: Gene Espinola 434 Broadway Lawrence, MA 01841 Prepared by: Andover Consultants, Inc 1 East River Place Methuen, MA 01844 Date: Dated November 20, 2012, revised on December 26, 2012 Sheets: 1 and 2 Landscape Plan Titled: #41 Second Street Condominiums N. Andover, MA Prepared for: Gene Espinola 434 Broadway Lawrence, Ma 01841 Prepared by: Weinmayr/Jay Associates, Inc. Landscape Architects Sheet: L-1 Report: Community& Traffic Impact 41 Second Street North Andover, Ma 01845 Dated: November 7, 2012 Report: Drainage Study 41 Second Street North Andover, Ma, Dated: November 20, 2012 cc: Town Departments Applicant Engineer Abutters Assessor