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HomeMy WebLinkAboutPlanning Decision - Site Plan Review 2.25.20 - Decision - 505 SUTTON STREET 2/25/2020 Town of North Andover Office of the Planning Department € _0 < Community Development and Services Division 120 Main Street North Andover,Massachusetts 01845 ' NOTICE OF DECISION SITE PLAN REVIEW,MULTI FAMILY HOUSING &REDUCTION in PARKING and SCREENING AND LANDSCAPING SPECIAL PERMITS 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 113 North Andover,MA 01845 Premises Affected: 505 Sutton Street North Andover,MA 01845 Map 74 Lots 23,24, 54 Referring to the above petition for a Site Plan Review, Multi-Family Housing, and Modification of Parking Standards Special Permit Modifications from the requirements of the North Andover Zoning Bylaw,Article 4 Buildings and Uses Permitted Section 195-4.8.0,Article 8 Supplementary Regulations Part 1 Off-Street Parking and Loading,Part 3 Site Plan Review,Part 4 Screening and Landscaping of Off-Street Parking Areas and Article 10 Administration 195-10.7 and MGL c.40A,Sec 9. So as to modify the original approved Site Plan Review, Multi-Family Housing and Reduction in Parking, and Modification of Screening and Landscaping Special Permits 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)to allow for 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. After a public hearing given on the above date,and upon a motion by P.Boynton and 2nd by J.Simons to APPROVE the Site Plan Review, Multi-Family Housing and Reduction in Parking, and Modification of Screening and Landscaping Special Permit Modifications as amended,and rased upon and subject to the following conditions.Vote was 5—0,in favor of the application. i On behalf o the North An46ver Planning Board Eitan Goldberg,Chairman Kate Bargnesi Peter Boynton Aaron Preston John Simons 1 505 Sutton Street,Map 74 Lots 23,24, 54 Site Plan Review, Multi-Family&Modification of Parking Standards Special Permit Modifications The Planning Board herein APPROVES the modification of the original approved Special Permits 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)to allow for 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 3.98 acres of land on at the former site of the Knights of Columbus. This project is located within the B-2 Zoning District. This Special Permit was requested by Sutton Street Redevelopment,LLC. 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. The Applicant submitted a complete application,which was noticed and reviewed in accordance with Article 4 Buildings and Uses Permitted Section 195-4.8.0,Article 8 Supplementary Regulations Part 1 Off-Street Parking and Loading,Part 3 Site Plan Review,Part 4 Screening and Landscaping of Off-Street Parking Areas and Article 10 Administration 195-10.7 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9. The Planning Board voted unanimously(by a vote of 5-0)to grant the Site Plan Review,Multi-Family Housing Special Permit, Reduction in Parking Special Permit and Modification of Screening and Landscaping Special Permit Modifications. A special permit issued by the planning board, as 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. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Article 4 Buildings and Uses Permitted Section 195-4.8,0,Article 8 Supplementary Regulations Part 1 Off-Street Parking and Loading, Part 3 Site Plan Review, Part 4 Screening and Landscaping of Off-Street Parking Areas and Article 10 Administration. 195-10.7: FINDINGS OF FACT I. On September 17,2019,the Planning Board approved a Site Plan Review,Multi-Family Housing,Reduction in Parking, 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 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. 2. 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 3.24 acres of land on at the former site of the Knights of Columbus. This project is located within the B-2 Zoning District. 2 505 Sutton Street,Map 74 Lots 23,24,54 Site Plan Review, Multi-Family&Modification of Parking Standards Special Permit Modifications 3. 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 (132)and)Zoning District. 4. The September 17, 2019 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". 5. The Revised Site Plans and Elevations are to reflect the September 17,2019 approved Height Waiver Special Permit FINDING OF FACT#4,"Building 3,a three-story building, is located at the rear 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 east of the site and along a Sutton Street, a major road in a commercial area, across from an airport". 6. The specific Site is an appropriate location for such a use, structure or condition. The Site is appropriate due to its location in a mixed-use neighborhood and at the junction of two major roads,Route125 and Sutton Street. It is within proximity to commercial shopping, lifestyle and job amenities and is within walking distance to a public park. 7. The use as developed will not adversely affect the neighborhood character. The proposed multifamily use is compatible with other nearby residential and commercial uses,such as those found in downtown North Andover(Commercial,residential and governmental)and along Route 125 and 133 (commercial,multifamily residential,and educational). 8. The Project will provide market rate rental housing which provides seniors with an opportunity to downsize and age in place, and younger persons and others to afford a residential living arrangement allowing them to either stay in the Town in which they grew up, or to live in a community close to employment opportunities or other families in the area. The additional residential units will also serve to provide an economic and community need by providing additional purchasing power which can support local businesses. 9. There will be no nuisance or serious hazard to vehicles or pedestrians.Vehicular access to the Site has been reduced to a single shared driveway and there are sidewalks along much of Sutton Street. 10. Adequate and appropriate facilities will be provided for the proper operation of the proposed use: The design and engineering of the multifamily structures will be in conformance with the most recent building code in effect. The Project is adequately and appropriately serviced by municipal water, sewer and other utilities that adequately address the needs of the Project. Stormwater management facilities will provide adequate treatment of stoimwater in accordance with applicable requirements. 11. The use is in harmony with the general purpose and intent of this Zoning Bylaw. The Project will substantially enhance the aesthetics of the Site with new building design,landscaping and screening while at the same time providing development which is compatible with other nearby residential,public,and commercial uses. Architecturally,the buildings were designed to be compatible with the vernacular of the community. A number of aesthetic and architectural features have been included in the design that draw from the surrounding neighborhoods and area buildings. Building 3, a three-story building, is located at the rear of the project site which abuts 3 505 Sutton. Street,Map 74 Lots 23,24,54 Site Plan Review,Multi-Family&Modification of Parking Standards Special Permit Modifications 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 east of the site and along a Sutton Street, a major road in a commercial area, across from an airport. 12. At the May 2018 North Andover Town Meeting,the Town voted to Amend the Zoning Map to rezone 505 Sutton Street(Map 74 Parcel 23)and 0 Sutton Street(Map 74 Parcel 54)from General Business(GB)to Business 2 (B2)and 477 Sutton Street(Map 74 Parcel 24)from Residential 4(R4)to Business 2 (132). 13. The owner of a series of parcels of land on Sutton Street, Sutton Street Redevelopment,has agreed to donate a portion of that land for the construction of a new Senior Center. At the May 2018 Annual Town Meeting the Town voted to authorize the Board of Selectmen to accept a donation or gift of a parcel of land located on Sutton Street consisting of approximately 57,300 square feet more or less as shown on the plan entitled"Plan Showing Division of Land for a Town Meeting Warrant Article in North Andover,Massachusetts 477 &505 Sutton Street,"dated April 11,2018 prepared by The Morin-Cameron Group,Inc. for the purpose of construction of a Senior Center and necessary parking spaces or any other public purpose on terms and condition the Board deems to be in the best interest of the Town. 14. According to the Traffic Study submitted by Vanasse Associates,Inc.: a) The project is expected to generate 740 new vehicle trips on an average weekday(370 entering and 370 exiting),with approximately 49 new vehicle trips(13 entering and 36 exiting)expected during the weekday morning peak hour, and 60 new vehicle trips (37 entering and 23 exiting) during the weekday evening peak hour. b) A single curb-cut will be constructed on Sutton Street with the development of this project. c) Based on the results of the traffic analysis,the Site driveway shall be placed under STOP- sign control,with a painted STOP-bar included, d) Pedestrian crossing signage will be installed at the marked crosswalk at the main access driveway to the Site. e) All signs and other pavement marking installed within the development Site shall conform to the applicable standards of the current Manual on Uniforms Traffic Devices(MUTCD). f) Any landscaping or signage in the vicinity of the driveways should be chosen and located so that sign distance is not obstructed. Landscaping should be maintained in the area of the driveways to maintain safe lines of sight for exiting and approaching vehicles. g) The Site will accommodate a connection to the proposed Senior Center which is one-way towards the Senior Center. 15. The proposed project provides a total of215 spaces(1.56 SP/Unit; 95 surface spaces and 119 garage spots)where 224 spaces(1.25 SP/Unit for studio, 1.5 for I BD and 2 per 2 BD)are required in accordance with the Section 195-8.4 ("Off-street parking requirements"). The 1.56 SP/Unit parking ratio exceeds the current industry demand and exceeds the average statistical demand for parking in a mid-rise apartment of 1.35 space/unit(Reference: Institute of Transportation Engineers:Parking Generation Manual 41 Edition). Accordingly,the Applicant has requested a Special Permit for a reduced number of proposed parking spaces in accordance with Article 8 Section 195-8.8. The request is based upon the varying peak demands of the various uses on the Site, and in conjunction with a reduction of parking spaces based upon projected use,the parking at the Site will not cause detriment to the surrounding neighborhood since the proposed parking program for the Site will not increase traffic congestion or queuing or otherwise result in unsafe conflict of motor vehicle and pedestrian traffic. 4 505 Sutton Street,Map 74 Lots 23,24,54 Site Plan Review,Multi-Family&Modification of Parking Standards Special Permit Modifications 16. In accordance with Section Article 8 195-8.8.D. ("Reduction in parking"),the Project will involve parking for residential uses.The proposed parking layout will not cause detriment to the surrounding neighborhood through increased traffic volumes,will not result in increased congestion or queuing since circulation will be enhanced through shared parking, access points and access to the Site, and the parking design will not result in any unsafe conflict of motor vehicle and pedestrian traffic. 17. Approximately 56%of the parking will be in garages under each of the buildings, out of sight and offering enclosed/weather protected parking for the residents. The surface parking incorporates extensive landscape islands and perimeter screening to minimize the footprint of pavement. 18. The Special Permit request to Modify Screening and Landscaping standard allows for interior islands to have up to 14 parking spaces facing each other between landscape islands where a maximum of 10 is allowed per the bylaw,allowing for better interior circulation and access. 19. The Plan reflects extensive discussions with the Planning Board,Peer Review Consultants,the Planning Department, other Town Departments,and the Applicant with respect to Site design and stormwater management. 20. The stormwater management is designed in accordance with the Town Bylaw requirements and Best Management Engineering and Practices, and the most recent version of the MA DEP Stormwater Handbook, and the Plan reflects extensive discussions and review by the Town's outside consultant engineer,Horsley Witten Group.The proposed runoff from the impervious areas of the Site will be drained through a closed drainage system to subsurface storage/non- infiltrating detention systems. The Project's permanent stormwater measures include: deep sump catch basins with hood outlets. The Site will have three onsite rain gardens providing low impact stormwater management in addition to subsurface infiltration/detention system. There were extensive discussions between the Town's outside consultant engineer and the Project Engineer related to the overall design and long term Stormwater Operations&Maintenance Plan. (See correspondence from Horsley Witten Group, dated July 1, 2019,July 10,2019,August 19,2019, and email correspondence dated Sept. 16, 2019, and The Morin-Cameron Group,Inc. dated August 13,2019 and August 29,2019). 21. The Plan reflects extensive discussion and review with TEC,Inc.,the Town's civil peer review consultant and meets the requirements of the Town for Site Plan Review as stated in Article 8 Part 3 of the Zoning Bylaw. (See correspondence dated August 12,2019, and September 3,2019 and Morin-Cameron Group,Inc. dated August 13,2019,), 22. The North Andover Public School Assistant Superintendent, James Mealey,has reviewed the project and concurs that given the lack of 3-bedroom units and that these units will be market rate it is not anticipated that this development will have a significant impact on school enrollment or the school budget.(see correspondence dated June 25,2019). 23. The project will provide for municipal water, sewer and utilities on-site to adequately address the needs of the Project. Site grading shall be coordinated with the Senior Center site construction project due to the shared access driveway. (See memo from T.Willett, DPW Operations Manager and John Borgesi,Town Engineer dated June 27, 2019). 24. The Town Engineer,John Borgesi,has reviewed the Project and has confirmed that all engineering department comments have been adequately addressed(See memos dated August 15, 2019). S 505 Sutton Street,Map 74 Lots 23,24,54 Site Plan Review,Multi-Family&Modification of Parking Standards Special Permit Modifications 25. The North Andover Fire Department has reviewed the Plans and determined that the Project must meet requirements of MGL 148, 527 CMR,NFPA 1 and NFPA 101. Project-specific site safety plan be implemented upon commencement of construction activities in accordance with 527 CMR Ch. 16 and NFPA 241,Bi-directional amplifier/emergency responder communications system installed in accordance with 780 CMR 916.,Fire protection systems be installed in accordance with 780 CMR Ch. 9, MGL 148 26G and NFPA 13.,Radio master box connected to North Andover Public Safety [NAPS] dispatch center via the North Andover FD radio box system be installed and connected to fire protection systems. The NAPS dispatch center will only monitor alarms.Any supervisory and/or trouble alarms will need to be monitored by an approved monitoring company in addition to the radio box connection in accordance with 527 CMR and NFPA 72.,A secured key access box will need to be installed in accordance with North Andover By-Law 69-8.1,An elevator which is large enough to accommodate an EMS stretcher be installed in accordance with 780 CMR,,A swept path analysis be performed of the site and parking areas to ensure FD apparatus has adequate access to the buildings in accordance with 527 CMR Ch. 18.,FD requests a third-party review of project by a registered Fire Protection Engineer due to scope of work(See Lt. Mike Beirne email dated June 11,2019). 26. The North Andover Fire Department has reviewed the Revised Site Plans and has provided comments related to fire hydrant location/distance provision.A condition is included herein to address these comments (see email from M.Beirne dated February 20,2020). 27. The Health Department has revised the application and determined that the dumpster must be sized appropriately for the number of units proposed. Buildings will have to meet housing code requirements for multi-unit rental properties. (See email from Brian LaGrasse dated June 10, 2019). 28. The Applicant has filed a Notice of Intent(NOI)with the Conservation Commission. 29. The Zoning Board of Appeals granted two setback variances and a Floor Area Ratio variance for the proposed development on September 10,2019. 30. The Applicant has revised the zoning table on Plan page CA to reflect Contiguous Buildable Area Proposed as 125,924 +/-, consistent with the ANR Plan approved July 30, 2019 by the Planning Board. WAIVERS The Applicant seeks the following waivers: a) Section-8.14.E(Locus map is at a scale of 1"=500' instead of I"=1,500' to provide greater clarity of the site context within the surrounding road network; b) Section 195-8.14.E(5)not showing contours within 50' of the parcel boundary. Land within 50' of the parcel boundary is private land to which the Applicant has not been granted access to conduct a survey; c) Section 195-8.14(6)Not showing proposed signs; these will be submitted at a later date once known; d) Section 195-8.14(13)Not showing proposed signs;these will be submitted at a later date once known; e) Section 195-8.14(21)A sewer and drainage profile have not been provided as the project does not include a road. The PIanning Board approves all waiver requests 31. Finally the Planning Board finds that this Project generally complies with the Town of North 6 505 Sutton Street,Map 74 Lots 23,24,54 Site Plan Review,Multi-Family&Modification of Parking Standards Special Permit Modifications Andover Zoning Bylaw requirements as listed in Article 4 Buildings and Uses Permitted Section 195 - 4.8.0, Article 8 Supplementary Regulations Part 1 Off-Street Parking and Loading, Part 3 Site Plan Review, Part 4 Screening and Landscaping of Off-Street Parking Areas and Article 10 Administration 195-10.7 of the Town of North Andover Zoning Bylaw, 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 32. The "Locus" or "Site" refers to a 3.24 acre parcel of land with 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) 505 Sutton Street,North Andover,Massachusetts,and as more specifically depicted as Lot 2 on the Plans. 33. 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,North Andover,Massachusetts, 01845. 34. 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. 35. The "Applicant"refers to Sutton Street Redevelopment, LLC, 231 Sutton Street, Suite 1B,North Andover,MA 01845, the Applicant for the Special Permits, its successors and assigns. 36. 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 37. Any revisions to the approved Revised Site Plans shall be submitted to the Planning Director for review. If these revisions are deemed substantial,the Applicants must submit revised plans to the Planning Board for approval,all of which is in accordance with Section 8.17 ("Revision to Approved Site Plan"). 38. All special permits granted under,Article 2 Definitions,Article 8 Supplementary Regulations, Article 7 Dimensional Requirements, and Article 10 Administration for this Site shall also be considered as part of this Decision. 39. 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. 40. 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. 7 505 Sutton Street,Map 74 Lots 23,24,54 Site Plan Review,Multi-Family&Modification of Parking Standards Special Permit Modifications 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. 41. All proposed water mains shall be privately owned and maintained 42. All hydrants shall be Clow Eddy, open left. 43. Site grading shall be reasonably coordinated by both Sutton Street Redevelopment,LLC and the Town of North Andover along the Senior Center and Multifamily site interface. Coordination efforts shall be intended to maintain safe vehicular access between the Sites and shall include reasonable measures for public safety during construction and after occupancy, should one Project be completed prior to the other. PRIOR TO ISSUANCE OF SITE WORK,BUILDING PERMIT,OR CONSTRUCTION 44, Two (2) copies of the signed, recorded decision and the recorded Revised Site Plans must be delivered to the Planning Department. 45. The Applicant shall submit to the Planning Department the recorded ANR Plan endorsed by the Planning Board on July 30,2019. 46. The Applicant shall meet with the Fire Department to review fire hydrant locations/distances from fire department connections and to ensure that there is sufficient access to the property when apparatus is connected to the hydrants. Applicant shall provide correspondence to the Planning Department indicating that all concerns have been sufficiently addressed. 47. The Applicant and/or Project Owner shall submit documentation concerning a declaration of cross-easements,restrictions and covenants, or equivalent,between the Project Owner 505 Sutton Street and Project Owner Senior Center which shall identify obligations for construction, maintenance,management and other requirements for access/egress driveways. The document shall be recorded with the Northern Essex Registry of Deeds, and the Applicant shall provide the Planning Department with two copies of the recorded documents. 48. In consultation with the Director of Planning, the Applicant shall designate an Independent Construction Monitor.The monitor shall read,sign,and return to the Planning Director the Letter of Agreement for Independent Monitors. The Construction Monitor must be available upon four (4)hours' notice to inspect the Site with the Planning Board designated official. The monitor shall make weekly inspections of the project, provide monthly reports to the Planning Department throughout the duration of the Project, and detail any areas of non-compliance and corrective actions. Additionally, the monitor shall assist Town Staff in overseeing the implementation and updating of the SWPPP throughout the development process. 49. In consultation with the Director of Planning, the Applicant shall designate an Independent Environmental Monitor. The monitor shall read, sign, and return to the Planning Director the Letter of Agreement for Independent Monitors.The Environmental Monitor must be available upon four(4)hours' notice to inspect the Site with the Planning Board designated official. The monitor shall make weekly inspections of the project,provide monthly reports to the Planning Department throughout the duration of the Project, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. 8 505 Sutton Street,Map 74 Lots 23,24, 54 Site Plan Review,Multi-Family&Modification of Parking Standards Special Permit Modifications 50. A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on and off the Site, including work to Sutton Street. Construction of the project will require sequencing and will require erosion and sediment controls inspections by the Planning Department periodically.Additional and alternative measures may be required depending on actual field conditions. 51. A bond in the amount of forty thousand dollars ($40,000.00) shall be posted for the purpose of insuring that the Site is constructed in accordance with the approved Revised Site Plans and that a final as-built plan is provided,showing the location of all on-site structures(Site utilities,structures, curb cuts, parking spaces and drainage facilities, including invert elevations of all stormwater structures). This bond shall be in a form acceptable by statute. 52. The Applicants and/or Project Owners shall secure and maintain a long terra third party contract or other qualified equivalent with an industry specific trained and licensed professional capable of operating, inspecting and maintaining the stormwater management system.A copy of the executed third parry contract or equivalent arrangement shall be provided to the Planning Department. a) Any and all such contractual arrangements shall be added to the final Stormwater Operations and Maintenance Plan, as an addendum with continual updates, business registrations, certifications and proper insurances, as applicable. 53. A copy of all local,state and federal permits required for the project must be submitted to the Planning Department. 54. The Applicant shall pay for the required sewer mitigation fees (a/k/a I/I fees)at the Department of Public Works. Proof of payment must be supplied to the Planning Department. 55. All stormwater management best practices shall be maintained as specified in the approved Stormwater Operations and Maintenance Plan,as the same may be amended by the wetlands Order of Conditions for the Project. 56. All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. 57. A pre-construction meeting must be held with the Applicant,Developer,Planning Department,Town Engineer, Construction Monitor,and Environmental Monitor. The purpose of this meeting will be to review the phasing of the development and for the Applicant to submit a construction schedule to all at the pre-construction meeting for the purpose of tracking the construction and informing the public of anticipated activities on the Site. DURING CONSTRUCTION 58. Dust mitigation must be performed weekly, or more frequently as directed by the Planning Director, throughout the construction process. The Site must be kept clean and swept regularly. 59. 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. 60. 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 9 505 Sutton Street,Map 74 Lots 23,24,54 Site Plan Review, Multi-Family&Modification of Parking Standards Special Permit Modifications making a finding that the project is not in compliance with the Revised Site PIan;provided,however, that the Planning Board shall give the developer written notice of any such finding and seven days to cure said condition. PRIOR TO A CERTIFICATE OF OCCUPANCY 61. An as-built drawing of the Site sewer system shall be submitted to the Department of Public Works. 62. 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 Revised Site Plans 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. 63. The Applicant shall submit a certified letter from a licensed surveyor confirming the final average grades and building heights(as defined in the Zoning Bylaw). 64, The Applicant must submit a letter from the engineer certifying that the lighting provided meets minimum Illuminating Engineering Society(IES)standards. 65. All stormwater structures shall be cleaned, in accordance with the approved Stormwater Operation & Maintenance Plan, as the same may be amended by the wetlands Order of Conditions for the Proj ect. 66. All signage shall conform to the signage regulations contained within the North Andover Zoning Bylaw,Article 6,Signs and Lighting Regulations,unless a Variance is issued by the North Andover Zoning Board of Appeals. 67. If a phased Certificate of Occupancy schedule is requested the Applicant shall present a phasing schedule to the Planning Board for approval. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS 68. 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. Additionally,all pedestrian warning signage will be reviewed and any additional signage deemed necessary at non-controlled locations such as mid-block crossings and at the roundabout shall be added at the Project Owner's expense. 69. 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. Any variance to the Revised Site Plans shall be specified in memo format.The as-built must be provided in paper form as well as in SDF(Standard Digital File)format. 70. The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved Revised Site Plan. GENERAL CONDITIONS 71. 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. 72. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 10 505 Sutton Street,Map 74 Lots 23,24,54 Site Plan Review,Multi-Family&Modification of Parking Standards Special Permit Modifications 73. Gas,telephone, cable,and electric utilities shall be installed as specified by the respective utility companies. 74. 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. 75. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 76. The Owner shall apply to the Board of Health for the appropriate dumpster permit. 77. 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. 78. Any action by a Town Board, Commission, or Department,which requires changes in the Revised Site Plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 79. Any revisions shall be submitted to the Planning Director for review.If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval using the process outlined in Section 195-8.3.8 (Revision to Approved Site Plan)of the Zoning Bylaw. 80. 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 this decision within twenty (20)days after the date this decision has been filed with the Town Clerk. 81. Pursuant to the North Andover Zoning Bylaw Section 195-10.7.A(3)this Site Plan Review, Multi-Family Housing Special Permit,Reduction in Parking Special Permit and Modification of Screening and Landscaping Special Permit Modifications 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 Board. 82. The following information shall be deemed part of the 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 Sheets: C.1-13,L1.1,L1.2,PA.05,PA.06,PB.06,PB.07,PC.06,PC.07 11 505 Sutton Street,Map 74 Lots 23,24,54 Site Plan Review,Multi-Family&Modification of Parking Standards Special Permit Modifications Document Title Stormwater Report Prepared by: The Morin-Cameron Group,Inc. 66 Elm Street Danvers,Massachusetts 01923 Dated: May 16,2019 Document Title: Traffic Study Prepared by: Vanasse&Associates,Inc. 35 New England Business Center Drive,Suite 140 Andover,MA 01810 Dated: July 2019 Plan Title: Planting Plan Prepared by: Radner Design Associates,Inc.; Dated: May 14,2019 and revised to January 31,2020 Plan Title: Site Lighting Plan Prepared by: Radner Design Associates,Inc,; Dated: May 14,2019 and revised to January 31,2020 Document Title: Exterior Elevations,505 Sutton St.,North Andover,Massachusetts Prepared by R.A. Schaefer&D.M.White,Architects; Dated: October 1,2019 cc: Applicant Abutters 12