HomeMy WebLinkAboutPlanning Decision - Time Stamped Common Driveway 2.26.20 - Decision - 505 SUTTON STREET 2/26/2020 teo
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'ei'° Town of North Andover
• Office of the Planning Department
Community Development and Services Division '
120 Main Street J
North Andover,Massachusetts 01845 >
NOTICE OF DECISION
COMMON DRIVEWAY SPECIAL PERMIT MODIFICATION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: February 25,2020
Public Hearings: February 25,2020
Date of Decision: February 25, 2020
Petition of; Sutton Street Redevelopment,LLC
231 Sutton Street, Suite 1B
North Andover,MA 01845
Premises Affected: 477-505 Sutton Street
North Andover,MA 01845
Map 74 Lots 23, 24, 54
Referring to the above petition for Common Driveway Special Permit Modification and from the
requirements of the North Andover Zoning Bylaw,Article 2 Definitions, Section 195-2.2, Section 195-
8.17 and Article 10 Administration 195-10.7.
The Applicant seeks to modify the original approved Common Driveway Special Permit dated September
17, 2019 and associated site development Plans to reflect the location and elevations of the proposed 3-
story building to the rear of the parcel(Building 3 on the Revised Site Plans)and a 4/3-story building to
be situated along Sutton Street(Building 1 on the Revised Site Plans)and allowing shared driveway
access to a Multi-family development located at 505 Sutton Street through a single curb out at 477-505
Sutton Street. The Property is located in the Business 2(B2)and)Zoning District.
After a public hearing given on the above date, and upon a motion by K. Bargnesi and 2"d by A. Preston to
APPROVE a Common Driveway Special Permit Modification as amended, and based upon the following
conditions. The vote was 5-0 in favor of the application.
/&
On behalf of/eNorth And er Planning Board
Eitan Goldberg, Chairman
Kate Bargnesi
Peter Boynton
Aaron:Preston
John Simons
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477-505 Sutton Street—Common Driveway Special Permit Modification
Map 74 Lots 23, 24, &54
The proposed Common Driveway Special Permit Modification seeks to modify the original approved
Common Driveway Special Permit dated September 17,2019 and associated site development Plans to
reflect the location and elevations of the proposed 3-story building to the rear of the parcel(Building 3)
and a 4/3-story building to be situated along Sutton Street(Building 1)and allowing shared driveway
access to a Multi-family development located at 505 Sutton Street through a single curb cut at 477-505
Sutton Street. The Property is located in the Business 2(B-2)Zoning District. This Special Permit
Modification was requested by the Town of North Andover, 120 Main Street,North Andover,MA 01845.
The application was filed with the Planning Board on January 16,2020. The public hearing on the above-
referenced application was opened on February 25,2020,and closed by the North Andover Planning
Board on February 25,2020 and reviewed in accordance with Article 2 195-2.2, 195-8.17,and Article 10
195-10.7 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section.9.
The Planning Board voted (by a vote of 5-0) in favor to grant a Common Driveway Special Permit
Modification. A special permit issued by the Planning Board as the special permit granting authority
requires a vote of at least four members of a five-member board.
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.
In accordance with Section 195-2.2., 195-8.17 and 195-10.7 of the Town of North Andover Zoning Bylaw,
the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met.
This decision specifically stated by the Planning Board wakes the following FINDINGS OF FACT:
1) The application adheres to the bylaw restriction that no more than two (2) lots be serviced by a
common drive.
2) The common driveways are designed to minimize driveway cuts onto Sutton Street by
consolidating three(3)existing curb-cuts on Sutton Street into one(1) curb cut.
3) The specific Site is an appropriate location for access to the lot given the current and projected
traffic on the roadway and the site distance to adjacent driveways and roadways.
4) The specific location of the common driveway is appropriate as it connects the Senior Center and
multi-family apartment complex.
5) The design and location will not adversely affect the neighborhood as the existing traffic pattern
will not be changed.
6) There will be no nuisance or serious hazard to vehicles or pedestrians.
7) Adequate standards have been placed on the design which will meet public health and safety
concerns.
8) Adequate and appropriate facilities will be provided for the proper operation of the proposed use,
and the use is in harmony with the general purpose and intent of this Zoning Bylaw.
9) On September 17,2019,the Planning Board approved a Site Plan Review,Multi-Family
Housing, Reduction in Parking Special Permit, and Modification of Screening and Landscaping
Special Permits to allow for the construction of a market rate rental residential community to be
known as,consisting of a total of 136 studio, one-bedroom and two-bedroom units to be
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477-505 Sutton Street--Common Driveway Special Permit Modification
Map 74 Lots 23,24, & 54
contained within three(3)separate four-story garden-style buildings, stormwater management
facilities,landscaping,signage and other improvements to be located on approximately 3.24 acres
of land on at the former site of the Knights of Columbus. This project is located within the B-2
Zoning District.
10) On September 17,2019,the Planning Board approved a Height Waiver Special Permit to allow a
height waiver for construction of two four-story residential, garden style structures,not to exceed
55 feet in Building Height, as part of the overall construction of a multi-family,market rate rental
residential community consisting of a total of 136 units; 28 studio, 55 one-bedroom and 53.two-
bedroom units to be contained within two (2)four-story buildings and one(1)three story garden-
style buildings,stormwater management facilities, landscaping, signage and other improvements
to be located on approximately 3.98 acres of land on at the former site of the Knights of
Columbus. This project is located within the B-2 Zoning District.
11) On September 17,2019,The Planning Board approved a Common Driveway Special Permits to
allow a shared driveway allowing access to a Multi-family development located at 505 Sutton
Street through a single curb cut at 477-505 Sutton Street. The Property is located in the Business
2 (B2)and)Zoning District,
12) The approved Height Waiver Special Permit Conditioned"PRIOR TO ANY SITE WORK,
CONSTRUCTION,BUILDING PERMIT; Revised plans with building elevations must be
submitted to the Planning Board for review".
13) Revised Site Plans and Elevations reference herein reflect the September 17,2019 approved
Height Waiver Special Permit FINDING OF FACT#4, "Building 3, a three-story building, is
located at the gear of the project site which abuts Surrey Drive to minimize massing along the
residential neighborhood. High and low canopy landscaping and offset wooded buffers between
the developed portions of the residential lots allows for appropriate screening for the Surrey Drive
neighborhood. Buildings 1 and 2,the four-story buildings, are located to the cast of the site and
along a Sutton Street,a major road in a commercial area, across from an airport".
PERMIT DEFINITIONS
14) The Locus" or "Site"refers to a 3.24 acre parcel of land fronting on Sutton Street as shown on a
portion of Assessors Map 74 Lots 23, 24, 54, and also known as (a/k/a) 477-505 Sutton Street,
North Andover,Massachusetts.
15) The"Revised Site Plans"refer to the Revised Site Plans prepared by The Morin-Cameron Group,
Inc. dated May 18, 2019 and revised to January 31,2020 consisting of Sheets C.1-13,L1.1,L1.2,
PA.05,PA.06,PB.06,PB.07,PC.06,PC.07,titled"Multifamily Site Development Plans, 505
Sutton Street, (Assessor's Map 74,Lots 23,24, 54),North Andover,Massachusetts, 01845.
16) The"Project"refers to the construction of a market rate rental residential community, consisting
of a total of 136 units;28 studio, 55 one-bedroom and 53 two-bedroom units to be contained
within one 4/3-story building,one 4-story building, and one 3-story garden-style buildings,
stormwater management facilities, landscaping, signage and other improvements to be located on
approximately 3.24 acres of land on at the former site of the Knights of Columbus. This project is
located within the B-2 Zoning District.
17) The"Applicant"refers to Sutton Street Redevelopment,LLC,the applicant for the Common
Driveway Special Permit.
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477-505 Sutton Street—Common Driveway Special Permit Modification
Map 74 Lots 23,24,& 54
18) 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
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the
following Special Conditions:
19) Applicant shall submit draft documentation concerning a declaration of cross-easements,
restrictions and covenants, or equivalent,between the Project Owner 505 Sutton Street and
Project Owner adjacent Senior Center development which shall identify obligations for
construction, ;maintenance,management and other requirements for access/egress driveways to
the Planning Department,DPW and Town Counsel for review and approval.
20) Any changes made to these Revised Site Plans must be approved by the Town Planner. Any
changes deemed substantial by the Town Planner would require a public hearing and a
modification by the Planning Board.
21) All special permits granted under sections 195,Article 8,Part 1,Part 3, and Article 2 Section
195-2.2 and Article 10 Section 195-10.7 of the Town of North Andover Zoning Bylaw for this
Site and 477-505 Sutton Street,Map 74 Lots 23,24,25, 54, shall also be considered as part of
this Decision.
PRIOR TO ANY SITE WORK AND CONSTRUCTION
22) The location of the driveway must be marked in the field and reviewed by the Staff Planner,
23)All erosion control devices must be in place as shown on the Revised Site Plans.
24) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and
two(2) certified copies of the recorded decision must be submitted to the Planning Department.
25) Transportation Demand Management: The following measures shall be implemented as part of
the project to encourage use of alternative modes of transportation:
a. Information regarding public transportation services,maps, schedules and fare
information shall be posted in a central location.
b. An informational packet shall be provided to new residents of the project, promoting
alternative modes of transportation.
C. Secure bicycle parking shall be provided, including both an exterior bicycle rack and
weather protected bicycle parking in a secure area.
d. Car-share spaces shall be considered on-site.
26) A performance guarantee of five thousand($5,000) in the form of a check made out to the Town
of North Andover must be in place in accordance with the Revised Site Plans and the conditions
of this decision and to ensure that the as-built plans will be submitted.
27) A construction schedule must be provided to the Planning Department,
PRIOR TO A BUILDING PERMIT
28) This Site shall have received all necessary permits and approvals from the North Andover Board
of Health,Conservation Commission and the Department of Public Works.
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477-505 Sutton Street—Common Driveway Special Permit Modification
Map 74 Lots 23, 24, &54
GENERAL CONDITIONS
29) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
30) Gas,telephone, cable,and electric utilities shall be installed as specified by the respective utility
companies.
31)No open burning shall be done except as is permitted during the burning season under the Fire
Department regulations.
32)No underground fuel storage shall be installed except as may be allowed by Town Regulations.
33) The provisions of this conditional approval shall apply to and are binding upon the Applicant, its
employees, and all successors and assigns in interest or control.
34) Pursuant to the North Andover Zoning Bylaw Section 195-10.7.A(3)this Site Plan Review
Special Permit shall be deemed to have lapsed after February 25,2022(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.
35) The following shall be deemed part of this decision:
Plan Titled: Multifamily Site Development Plans
505 Sutton Street
(Assessor's Map 74,Lots 23,24,54)
North Andover,MASSACHUSETTS
Prepared for: Sutton Street Redevelopment,LLC.
231 Sutton Street
North Andover, MA 01845
Prepared by: The Morin-Cameron Group,Inc.
66 Elm Street
Danvers,Massachusetts 01923
Scale 1"—30)
Date: May 28,2019 and revised to January 31,2020
Sleets: C.1-13,L1.1,L1.2,PA.05,PA.06,PB,06,PB.07,PC.06,PC.07
cc:
Applicant
Abutters
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