HomeMy WebLinkAbout20160419 Decision - Decision - 2302 TURNPIKE STREET 4/19/2016 1,7
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Town of North Andover Zp�bP'PR 21
Office of the Planning Department 22
Community Development and Services Divip*
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�qs1600 Osgood Street
SACNuse
North Andover,Massachusetts 01845
ti
NOTICE OF DECISION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: April 19,2016
Date of Hearing: December 15,2015,
January 19,2016, March 2,2016,April 5,
2016,April 19,2016
Date of Decision: April 19,2016
Petition of: Earth Works,Inc.—Danny Gill,President
23 Ash Street,North Andover,MA 01845
Premises Affected: 2302 Turnpike Street,North Andover, MA 01845,within the Business
Two (B-2)Zoning District,Assessors Map 108A,Lot 9
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 MGL C.40A, See, 9
So as to allow the demolition of an existing single family dwelling and garage and the
construction of a 15,916 SF mixed-use retail and business office commercial complex and a
smaller 4,410 SF building each with accessory indoor storage and parking, including
construction of a payed parking area, anew storrawater management system, extensive grading
and landscape work and installation of utilities within the Business Two (B-2)Zoning District.
After a public hearing given on the above date, and upon a motion by Dave Kellogg and 2"d by
Lynne Rudnicki to APPROVE the Site Plan Review Special Permit, as amended, and based
upon the following conditions. The vote was 5-0 in favor of the application.
hoe �f
Nor Andover arming Board
John Simons, Chairman
David Kellogg
Lora McSherry
Lynne Rudnicki
Peter Boynton
2302 Turnpike Street,Map 108A'Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
The Planning Board herein APPROVES the Site Plan Review Special Permit to allow the
demolition of an existing single family dwelling and garage and the construction of a 15, 916 SF
mixed-use retail and business office commercial complex and a 4,410 SF building each with
accessory indoor storage and parking, including construction of a paved parking area, a new
stormwater management system, extensive grading and landscape work .and installation of
utilities within the Business Two (B-2)Zoning District. The project is located on 2302 Turnpike
Street, Map 108A, Lot 9 in the Business Two (B-2) Zoning District. The parcel totals
approximately 152, 739 SF. This Special Permit was requested by Earth Works, Inc., Danny
Gill, President, located at 23 Ash Street, North Andover, MA 01845. The application was
filed with the Planning Board on November 16, 2015. 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, 10.3, and 10.31:
FINDINGS OF FACT:
1) Based on input received from both the Planning Board and the Planning Board's stormwater
peer review consultant,Eggleston Environmental,the Applicant has provided sufficient
stormwater management facilities to mitigate flow of stormwater:
i) Drainage from the paved areas of the site would be conveyed through a closed
drainage system and sediment forebay to a stormwater infiltration basin.
ii) The infiltration basin has been regraded such that the top inside of the berm is
outside the 50 foot buffer from the Bordering Vegetated Wetlands(BVW).
iii) Roof drainage from the larger building will be discharged to the infiltration basin
at the rear of the building, and roof drainage from the smaller building would
drain overland. An additional infiltration practice has been added under the
pavement at the rear of the building to handle most of the roof runoff from the
main building.The hydraulic model has been revised to exclude the portion of
the pitched roof at the front of the building that is not tributary or piped to the
added subsurface infiltration structure at the rear of the building. The roof drain
collecting network located at the northerly side of the building is sized to handle
the 100 year flow from the remaining portion of the roof area of the main
building.
iv) At the suggestion of the Conservation Administrator the Applicant added Low
Impact Development(LID)measures by creating a rain garden which will allow
for treatment runoff from Sharpners Pond Road,where there is little treatment
today. The Applicant will maintain as part of the O&M Plan.
v) Revised drainage analysis uses a more conservative design infiltration rate
consistent with the mapped soils,and satisfactorily demonstrates compliance .
with Stormwater Standard 02.
vi) The Erosion&Sediment Control Plan has been revised to include additional
measures to protect and restore the infiltration capacity during construction.A 12
2
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
inch"Filtrexx Silt Soxx"has been added to the silt fence detail to provide
additional erosion and sediment control.
vii) A note has been added to the plans indicating the project requires coverage under
1 (1 q NPDES construction general permit and the preparation of a stormwater
pollution prevention plan(SWPPP). The Applicant will provide the Planning
Board and Conservation Commission with confirmation of the"active"EPA
01 NOI status and a copy of the SWPPP,when they are secured just prior to
construction.
viii) The Applicant will limit the use of fertilizers,herbicides and pesticides.
Fertilizers utilized for landscaping and lawn care shall be slow release,low
nitrogen types(<5%), and shall not be used within 25-feet of the bordering
vegetated wetland.Herbicides and Pesticides shall not be used within 100 feet of
the bordering vegetated wetland.
See L. Eggleston memo dated December 10, 2015, March 2,2016 and Williams & Sparages
review response memo dated February 10, 2016 and March 5, 2016 and L. Eggleston email
correspondence dated March 18,2016.
2)Landscape materials will be stored in the smaller stand-alone building as designated on the
plan.Materials will be delivered to site periodically,including,but not limited to,mulch,
stone products, and sand. The smaller stand-alone building has been designed with tall
garage doors and proper ventilation,which will allow a dump truck to back into the building
and unload under cover of the roof Deliveries of these materials will be overseen by a staff
person from the landscaping business, including opening and closing the garage door(s)and
then sweeping any materials which may inadvertently become deposited outside the garage
door during the unloading operation.
3)The onsite subsurface disposal system will be abandoned properly in accordance with the MA
DEP regulation, 310CMR 15.354.Additionally,the onsite well will be abandoned properly
in accordance with section 6 of the North Andover Board of Health regulations. (As
requested by the North Andover Health Department,see memo dated December 10,2015)
4) All traffic entering and exiting the property will do so from Sharpners Pond Road. Per Gene
Willis, Town Engineer, response letter dated March 1, 2016, the southern driveway entrance
is approximately 70' from the intersection with Turnpike Street and has been moved north to
approximately the 148' contour (flat area) to maximize distance from intersection. The
northern driveway will be for delivery vehicles only. Analysis based on ITE Trip Generation
Data and in comparison to the traffic data from the Merrimack Valley Planning Commission s
indicated that the additional traffic generated by the project will represent one (1%)percent of
the total number of vehicle trips along this section of Turnpike Street.
5) Based on the proposed construction and uses within the facility, the required parking spaces
per Zoning Bylaw are 34 spaces. The Applicant has provided 3 additional spaces for a total
of 37 spaces.
6) The specific site is an appropriate location for the allowed use of retail and office with
3
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
accessory uses of indoor storage and parking such a use,structure, or condition.
7)The use as developed will not adversely affect the neighborhood and there will be no nuisance
or serious hazard to vehicles or pedestrians.
8) Adequate and appropriate facilities will be provided for the proper operation of the proposed
use. The project will provide Town water, sewer, and utilities on the property to adequately
address the needs of the project and has been reviewed by the Division of Public Works. (See
letter from T. Willett dated April 5,2016).
9) There will be no washing of vehicles outside the building. Only company vehicles will be
washed periodically on site. One of the bays of the smaller stand along building has been
designated as a vehicle washing station. A sediment/soil and gas trap will be installed in the
garage up gradient of a building sewer. Wash water will be contained within the station using
a trench drain, which will prevent wash water from flowing onto the parking lot.
Construction vehicles will not be washed on site. They will be washed on their respective
construction sites before being transported to the subject property for indoor storage.
10) All mechanical devices will be installed indoors in a designated mechanical room and no
mechanical devices will be visible from any surrounding roadways or rooftops.
11) The Division of Fisheries and Wildlife has reviewed the application and has found that the
project will not adversely affect the Resource Area Habitat of state-protected rare wildlife
species.
12) The property will have two gates that provide access to the back of the building. The gates
will be electronic and will either have a key pad entry or card entry. The code or card will be
provided to the Fire department to ensure access. The Fire Department will also be provided
with keys to the front rear common entrances of the building. Per Lt. Robert Bonenfant, Fire
Prevention Officer, response letter dated April 14, 2016 the Fire Department will require a
Fire Hydrant to be within 500 feet from the proposed development, the mulch storage be
permitted through the fire department yearly and all mulch storage will be bin accordance
with NFPA-1,permits for any and all flammable and combustible fluids that are stored on the
site to be in accordance with the Mass General Law permit schedule, and 360 degree access
around the building for all fire apparatus to include the ladder truck.
Finally the Planning Board finds that the use is in harmony with the general purpose and intent
of the Town of North Andover Zoning and that this project generally complies with the Bylaw
requirements as listed in Sections 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:
SPECIAL CONDITIONS:
13)Permit Definitions:
4
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
i. The"Locus"refers to the 152,739 sq. ft.parcel of land with land fronting on
Turnpike Street as shown on Assessors Map 108A,lot 9, and also known as 2302
Turnpike Street,North Andover,Massachusetts.
ii. The"Plans"refer to the plans prepared by Williams and Sparages dated November
11,2015, last revised on February 10,2016,March 8, 2016,March 31, 2016 and
April 12,2016 entitled"Earth Works Site Development plan and Location Plan"and
consisting of sheets 1 through 14.
iii. The"Project"refers to the demolition of an existing single family dwelling and
garage and the construction of a 15, 916 SF mixed-use retail and business office
commercial complex and a smaller 4,410 SF building each with accessory indoor
storage and parking,including construction of a paved area, a new stormwater
management system,extensive grading and landscape work and installation of
utilities within the Business Two(B-2)Zoning District.
iv. The"Applicant"refers to Earth Works,Inc.,the Applicant for the Special Permits.
V. 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.
14)PRIOR TO THE ENDORSEMENT OF THE PLAN
G i� The Applicant will provide copies of all Decisions,Notification and Orders of Conditions
1116 from the North Andover Conservation Commission.
'9.Abm1 4) The Applicant will submit an Auto-Turn Analysis to the Planning Department showing
C0�81u'�� vehicle access checks, clearances, and swept path maneuvers to allow 360 degree access
around the building for all fire apparatus to include the ladder truck.
C) Drafts of all easement documents and maintenance agreements concerning the rain
garden must be submitted to the Planning Department and reviewed by DPW and
approved by Town Counsel.
15)PRIOR TO r4START OF SITE 2=OR CONSTUU*Ju10N
SLAkml*41- Three (3) copies of the signed, recorded decision and the recorded plans must be
(0171U N delivered to the Planning Department.
In consultation with the Town Planner, the Applicant shall designate an independent
construction monitor. The monitor shall read, sign, and return to the Town Planner the
Letter of Agreement for Independent Monitors. The monitor shall make weekly
W,Ak inspections of the project,provide monthly reports to the Planning Department, and detail
any areas of non-compliance and corrective actions. The monitor will also provide
5
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
reports following heavy rain events. The monitor must also be available upon notice to
inspect the site accompanying a Planning Department designated official.
t\ \/C) 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.
V/D) 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
check will then be deposited into an interest bearing bond account.
E) All stormwater management best practices shall be maintained as specified in the
Stormwater Operation and Maintenance Plan that was submitted with the application,
\16+ '✓F) All applicable erosion control measures must be in place and reviewed and approved by
&0 901 b the Planning Department.
-N//G) All easement documents must be recorded with the Registry of Deeds as noted in the
Decision. The Applicant shall provide the Planning Department with two copies of each
document filed.
=®7�. jnC nt T yr - C f ,u\y 1(,
/I-1) A pre-constrt tion meeting must be held with the developer, their construction
CD/gIZA employees, Planning Department and other applicable departments, to discuss scheduling
1H Ca►5cfthenof inspections to be conducted o the project and the construction schedule.
(V
a rA �1 Mthwt,A ifte rural e h'Vs fish FIAT nu wo-KMOV41 in ft how until a5rr 3 F�a1
16)DURING CONSTRUCTION `���,\ �'\l r �'� ' I"
\ j�oyl A) Dust mitigation must be performed weekly,or more frequently as directed by the Town
Planner,throughout the construction process.
S)0-
& �
MV/ (f) B) 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
1 covered at all times and fenced off to minimize any dust problems that may occur with
adjacent properties.
C) 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 potice of any such finding and ten days to cure said condition.
17)PRIOR TO A CERTIFICATE OF OCCUPANCY
A) 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
6
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
:referenced at the end of this decision as endorsed by the Planning Board and that the
stormwater management structures are functioning as designed. 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.
C) All signage shall conform to the signage regulations contained within the North Andover
Zoning Bylaw, Section 6.
D) The Applicant must comply with the conditions set forth in the Site Plan Review Special
Permit approved on April 19,2016 and the Conservation Commission Order of
Conditions related to this project.
18)PRIOR TO THE FINAL.RELEASE OF ALL SECURITY AND ESCROWED
FUNDS
A) 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.
B).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
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 and that the
stormwater management structures are functioning as designed.
C) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
D) The Town Planner shall verify whether construction was in compliance with all
respective approved plans and conditions set by the Conservation Commission,Board of
Health,Zoning Board of Appeals, and Division of Public Works and report to the
Planning Board.
19)GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
7
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
B) Gas, Telephone,Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
C) 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.
D) No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
E) The owner shall apply to the Board of Health for the appropriate dumpster permit.
F) 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.
G) 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.
IT) 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.
I) This Site Plan Review Special Permit shall be deemed to have lapsed after April 19,2018
(two years from the date the permit is 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 as determined by the Planning
Board.
J) The following information shall be deemed part of the decision;
Plan titled: "Earth Works Site Development plan and Location Plan"
Prepared for: Earth Works,Inc.
23 Ash Street
North Andover,MA 01845
Prepared by: Williams&Sparages
191 South Main Street,Suite 103
Middleton,MA 01949
Scale: 1"=40'
Date: Dated November 11,2015,last revised on February 10,2016,March 8,
2016,March 31,2016 and April 12,2016
Sheets: 1 through 14
Architectural Renderings
Prepared for: Earth Works,Inc.
Prepared by: Build/Design/Consultant
10 Grove Street
6
9
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
Middleton,MA 01949
Dated: April 3,2016
Stormwater Management System Inspection&Maintenance Plan
Prepared for: Earth Works, Inc,
Prepared by: Williams&Sparages
191 South Main Street, Suite 103
Middleton,MA 01949
Dated: November 4,2016;revised February 10, 2016
Mitigative Drainage Analysis
Prepared for: Earth Works,Inc.
Prepared by: Williams&Sparages
191 South Main Street, Suite 103
Middleton,MA 01949
Dated: November 4,2015,revised on December 29,2015 and March 8,2016
cc: Town Departments
Applicant
Engineer
Conservation
Abutters
Assessor
9
Bk 14627 Pg3 #11051
05-13r2016 @ 11:07a
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Office of the Planning Department;2lJlb APR 2! Pp! 4; 2�
Community Development and Services Divi ° �?�,`q OF
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North Andover,Massachusetts 01845 tr-A SSAC1-1US C r;
NOTICE OF DECISION .�1 !e
ha a ei'q 'WY that Twenty(Zp)day$
d/f0l"date Of
Any appeal shall be filed vwtt►out Aunq of a •81�
within(20) days after the date
date of filing this notice in
T04A' aw
the office of the Town Clerk.
Date: April 19,2016
Date of Hearing: December 15,2015,
January 19, 2016, March 2,2016,April 5,
2016,April 19,2016
Date of Decision: April 19,2016
Petition of: Earth Works,Inc.—Danny Gill,President
23 Ash Street,North Andover,MA 01845
Premises Affected: 2302 Turnpike Street,North Andover, MA 01845,within the Business
Two(B-2)Zoning District,Assessors Map 108A,Lot 9
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 MGL C.40A, Sec. 9
So as to allow the demolition of an existing single fancily dwelling and garage and the
construction of a 15,916 SF mixed-use retail and business office commercial complex and a
smaller 4,410 SF building each with accessory indoor storage and parking, including
construction of a paved parking area, a new stormwater management system, extensive grading
and landscape work and installation of utilities within the Business Two (B-2)Zoning District.
After a public hearing given on the above date, and upon a motion by Dave Kellogg and tad by
Lynne Rudnield to .APPROVE the Site Plan Review Special Permit, as amended, and based
upon the following conditions, 'Tice vote was 5.0 in favor of the application. `
`
— �&A
4'J
No 4 Andover P Rnning Soard
John Simons, Chairm-an,
David Kellogg
Lora McSherry
Lynne Rudnick-;-
Peter Boynton _
ATTEST:
A True copy
Town Clerk
I
Bk 14627 Pg4 #11051
2302 Turnpike Street,Map 108A'Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
The Planning Board herein APPROVES the Site Plan Review Special Permit to allow the
demolition of an existing single family dwelling and garage and the construction of a 15, 916 SF
mixed-use retail and business office commercial complex and a 4,410 SF building each with
accessory indoor storage and parking, including construction of a paved parking area, a new
stormwater management system, extensive grading and landscape work -and installation of
utilities within the Business Two (B-2)Zoning District. The project is located on 2302 Turnpike
Street, Map 108A, Lot 9 in the Business Two (B-2) Zoning District. The parcel totals
approximately 152, 739 SF. This Special Permit was requested by Earth Works, Inc., Danny
Gill, President, located at 23 Ash Street, North Andover, MA 01845. The application was
filed with the Planning Board on November 16, 2015. 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 MOL C.40A, Sec.9
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaws Section 8.3, 10.3,and 10.31:
FINDINGS OF FACT:
1) Based on input received from both the Planning Board and the Planning Board's stormwater
peer review consultant,Eggleston Environmental,the Applicant has provided sufficient
stormwater management facilities to mitigate flow of stormwater:
i) Drainage from the paved areas of the site would be conveyed through a closed
drainage system and sediment forebay to a stormwater infiltration basin.
ii) The infiltration basin has been regraded such that the top inside of the berm is
outside the 50 foot buffer from the Bordering Vegetated Wetlands(BV W).
Hi) Roof drainage from the larger building will be discharged to the infiltration basin
at the rear of the building,and roof drainage from the smaller building would
drain overland. An additional infiltration practice has been added under the
pavement at the rear of the building to handle most of the roof runoff from the
main.building.The hydraulic model has been revised to exclude the portion of
the pitched roof at the front of the building that is not tributary or piped to the
added subsurface infiltration structure at the rear of the building. The roof drain
collecting network located at the-northerly side of the building is sized to handle
the 100 year flow from the remaining portion of the roof area of the main
building.
iv) At the suggestion of the Conservation Administrator the Applicant added Low
Impact Development(LID)measures by creating a rain garden which will allow
for treatment runoff from Sharpners Pond Road,where there is little treatment
today.The Applicant will maintain as part of the O&M Plan.
v) Revised drainage analysis uses a more conservative design infiltration rate
consistent with the mapped soils,and satisfactorily demonstrates compliance .
with Stormwater Standard#2.
vi) The Erosion&Sediment Control Plan has been revised to include additional
measures to protect and restore the infiltration capacity during construction.A 12
2
e
Bk 14627 Pg5 #11051
2302 Turnpike Street,Map 108A Lot 9
Site PIan Review-Mixed-use Retail and Business Office Commercial Complex
inch"Filtrexx Silt Soxx"has been added to the silt fence detail to provide
additional erosion and sediment control.
vii) A note has been added to the plans indicating the project requires coverage under
NPDES construction general permit and the preparation of a stormwater
pollution prevention plan(SWPPP). The Applicant will provide the Planning
Board and Conservation Commission with coaaf'irimation of the"active"EPA
NOI status and a copy of the SWPPP,when they are secured just prior to
construction.
viii) The Applicant will limit the use of fertilizers,herbicides and pesticides.
Fertilizers utilized for landscaping and lawn care shall be slow release,low
nitrogen types (<5%), and shall,not be used within 25-feet of the bordering
vegetated wetland.Herbicides and Pesticides shall not be used within 100 feet of
the bordering vegetated wetland.
See L.Eggleston memo dated December 10, 2015, March 2, 2016 and Williams & Sparages
review response memo dated February 10, 2016 and March 5, 2016 and L. Eggleston email
correspondence dated March 18,2016.
2)Landscape materials will be stored in the smaller stand-alone building as designated on the
plan.Materials will be delivered to site periodically, including,but not limited to,mulch,
stone products,and sand. The smaller stand-alone building has been designed with tall
garage doors and proper ventilation,which will allow a dump truck to back into the building
and unload under cover of the roof Deliveries of these materials will be overseen by a staff
person from the landscaping business,including opening and closing the garage door(s)and
then sweeping any materials which may inadvertently become deposited outside the garage
door during the unloading operation.
3)The onsite subsurface disposal system will be abandoned properly in accordance with the MA
DEP regulation,314CMR 15.354.Additionally,the onsite well will be abandoned properly
in accordance with section 6 of the North Andover Board of Health regulations. (As
requested by the North Andover Health Department, see memo dated December 10,2015)
4) All traffic entering and exiting the property will do so from Sharpners Pond Road. Per Gene
Willis,.Town Engineer, response letter dated March 1, 2016, the.southern driveway entrance
is approximately 70' from the intersection with Turnpike Street and has been moved north to
approximately the 148' contour (flat area) to maximize distance from intersection. The
northern driveway will be for delivery vehicles only. Analysis based on ITE Trip Generation
Data and in comparison to the traffic data from the Merrimack Valley Planning Commission
indicated that the additional traffic generated by the project will represent one(1%)percent of
the total number of vehicle trips along this section of Turnpike Street.
5) Based on the proposed construction and uses within the facility, the required parking spaces
per Zoning Bylaw are 34 spaces. The Applicant has provided 3 additional spaces for a total
of 37 spaces.
6) The specific site is an appropriate location for the allowed use of retail and office with
3
Bk 14627 Pg6 #11051
2302 Turnpike Street,Map 108.A,Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
accessory uses of indoor storage and parking such a use,structure,or condition.
7)The use as developed will not adversely affect the neighborhood and there will be no nuisance
or serious hazard to vehicles or pedestrians.
8)Adequate and appropriate facilities will be provided for the proper operation of the proposed
use. The project will provide Town water, sewer, and utilities on the property to adequately
address the needs of the project and has been reviewed by the Division of Public Works. (See
letter from T. Willett dated April 5,2016).
9) There will be no washing of vehicles outside the building. Only company vehicles will be
washed periodically on site. One of the bays of the smaller stand along building has been
designated as a vehicle washing station. A sediment/soil and gas trap will be installed in the
garage up gradient of a building sewer. Wash water will be contained within the station using
a trench drain, which will prevent wash water from flowing onto the parking lot.
Construction vehicles will not be washed on site. They will be washed on their respective
construction sites before being transported to the subject property for indoor storage.
10) All mechanical devices will be installed indoors in a designated mechanical room and no
mechanical devices will be visible from any surrounding roadways or rooftops.
11) The Division of Fisheries and'Wildlife has reviewed the application and has found that the
project will not adversely affect the Resource Area Habitat of state-protected rare wildlife
species.
12) The property will have two gates that provide access to the back of the building. The gates
will be electronic and will either have a key pad entry or card entry. The code or card will be
provided to the Fire department to ensure access. The Fire Department will also be provided
with keys to the front rear common entrances of the building. Per Lt. Robert Bonen£ant, Fire
Prevention Officer, response letter dated April 14, 2016 the Fire Department will require a
Fire Hydrant to be within 500 feet from the proposed development, the mulch storage be
permitted through the fire department yearly and all mulch storage will be bin accordance
with NFPA-1,permits for any and all flammable and combustible fluids that are stored on the
site to be in accordance with the Mass General Law permit schedule, and 360 degree access
around the building for all fire apparatus to include the ladder truck.
Finally the Planning Board fads that the use is in harmony with the general purpose and intent
of the Town of North Andover Zoning and that this project generally complies with the Bylaw
requirements as listed in Sections 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:
SPECL41 CONDITIONS:
13)Permit Definitions:
4
Bk 14627 Pg7 #11051
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
i. The"Locus"refers to the 152,739 sq. ft.parcel of land with land fronting on
Turnpike Street as shown on Assessors Map 108A,lot 9, and also known as 2302
Turnpike Street,North Andover,Massachusetts.
ii. The"Plans"refer to the plans prepared by Williams and Sparages dated November
11,2015, last revised on February 10,2016, March 8, 2016,March 31,2016 and
April 12,2016 entitled"Earth Works Site Development plan and Location Plan"and
consisting of sheets 1 through 14.
iii. The"Project"refers to the demolition of an existing single family dwelling and
garage and the construction of a 15, 916 SF mixed-use retail and business office
commercial complex and a smaller 4,410 SF building each with accessory indoor
storage and parking,including construction'of a paved area, a new stormwater
management system,extensive grading and landscape work and installation of
utilities within the Business Two(B-2)Zoning District.
iv. The"Applicant"refers to Earth Works,Inc.,the Applicant for the Special Permits.
V. 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.
14)PRIOR TO THE ENDORSEMENT OF THE PLAN
A) The Applicant will provide copies of all Decisions,Notification and Orders of Conditions
from the North Andover Conservation Commission.
B) The Applicant will submit an Auto-Turn Analysis to the Planning Department showing
vehicle access checks, clearances,and swept path maneuvers to allow 360 degree access
around the building for all fire apparatus to include the ladder truck.
C) Drafts of all easement documents and maintenance agreements concerning the rain
garden must be submitted to the Planning Department and reviewed by DPW and
approved by Town Counsel.
15)PRIOR TO THE START OF SITE WORK OR CONSTUCTIOIeT
A) Three (3) copies of the signed, recorded decision and the recorded plans must be
delivered to the Planning Department.
B) In consultation with the Town Planner, the Applicant shall designate an independent
construction monitor. The monitor shall read, sign, and return to the Town Planner the
Letter of Agreement for Independent Monitors. The monitor shall make weekly
inspections of the project,provide monthly reports to the Planning Department,and detail
any areas of non-compliance and corrective actions. The monitor will also provide
5
Bk 14627 Pg8 #11051
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
reports following heavy rain events. The monitor must also be available upon notice to
inspect the site accompanying a Planning Department designated official.
C) 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.
D) 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
check will then be deposited into an interest bearing bond account.
E) All stormwater management best practices shall be maintained as specified in the
Stormwater Operation and Maintenance Plan that was submitted with the application.
F) All applicable erosion control measures must be in place and reviewed and approved by
the Planning Department.
G) All easement documents must be recorded with the Registry of Deeds as noted in the
Decision. The Applicant shall provide the Planning Department with two copies of each
document filed.
H) 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.
16)DURING CONSTRUCTION
A) Dust mitigation must be performed weekly,or more frequently as directed by the Town
Planner,throughout the construction process.
B) 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.
C) 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 lotice of any such finding and ten days to cure said condition.
17)PRIOR.TO A CERTMCATE OF OCCUPANCY
A) 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
Bk 14627 Pg9 #11051
2302 Turnpike Street,Map 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
referenced at the end of this decision as endorsed by the Planning Board and that the
stormwater management structures are functioning as designed. 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.
B) All stormwater structures shall be cleaned, in accordance with the approved Stormwater
Operation&Maintenance Plan.
C) All signage shall conform to the signage regulations contained within the North Andover
Zoning Bylaw, Section 6.
D) The Applicant must comply with the conditions set forth in the Site Plan Review Special
Permit approved on April 19,2016 and the Conservation Commission Order of
Conditions related to this project.
18)PRIOR TO TBE FINAL RELEASE OF ALL SECURITY AND ESCROWED
FUNDS
A) 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.
B) 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
Applicant must also submit a letter fxom 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 and that the
stormwater management structures are functioning as designed.
C) The Planning Board must by a majority vote make a finding that the'site is in
conformance with the approved plan.
D) The Town Planner shall verify whether construction was in compliance with all
respective approved plans and conditions set by the Conservation Commission,Board of
Health,Zoning Board of Appeals,and Division of Public Works and report to the
Planning Board.
19)GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
7
Bk 14627 Pg10 #11051
2302 Turnpike Street,AIap 108A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
B) Gas,Telephone, Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
C) 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 am. and 5:00 p.m. on Saturday.
D) No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
E) The owner shall apply to the Board of Health for the appropriate dumpster permit.
F) 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.
G) 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.
II) 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.
I) This Site Plan Review Special Permit shall be deemed to have lapsed after April 19,2018
(two years from the date the permit is 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 as determined by the Planning
Board.
J) The following information shall be deemed part of the decision:
Plata titled: "Earth Works Site Development plan and Location Plan"
Prepared for: Earth Works,Inc.
23 Ash Street
North Andover,MA 01845
Prepared by: Williams&Sparages
191 South Main Street,Suite 103
Middleton, MA 01949
Scale: 1"=40'
Date: Dated November 11,2015,last revised on February 10,2016,March 8,
2016,March 31,2016 and April 12,2016
Sheets: 1 through 14
Architectural Renderings
Prepared for: Earth Works,Inc.
Prepared!by: Build/Design/Consultant
10 Grove Street
8
Bk 14627 Pg11 #11051
2302 Turnpike Street,Map I08A Lot 9
Site Plan Review-Mixed-use Retail and Business Office Commercial Complex
Middleton,MA 01949
Dated: April 3,2016
Stormwater Management System Inspection&Maintenance Plan
Prepared for: Earth Works,Inc.
Prepared by: Williams&Sparages
191 South Main Street, Suite 103
Middleton,MA 01949
Dated: November 4, 2016;revised February 10,2016
Mitigative Drainage Analysis
Prepared for: Earth Works,Inc.
Prepared by: Williams&Sparages
191 South Main Street, Suite 103
Middleton,MA 01949
Dated: November 4,2015,revised on December 29,2015 and March 8, 2016
cc: Town Departments
Applicant
Engineer
Conservation.
Abutters
Assessor
9
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