HomeMy WebLinkAboutDecision 1679 OSGOOD STREET 11/7/2017 tz
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Town of North Andover
Office of the,Planning Department
2917 OV
Community Development and Se ices Division N
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3'2 1
PM
120 Main Street
North Andover,Massachusetts 01845
A C
NOTICE OF DECISION
SITE PLAN REVIEW
This is 10 mqoy that t*mty(20)days
have elapsed kom date of decWon,Mod
Any appeal shall be fifled without Ong of an appeal.
within (20) da ys after the
Date
JbAyW A. sh
date of filing this notice in. Ad aw
the office of the Town Clerk,
Date: November 7,2017
Date of Hearings: October 17,201750
November 7, 2017
Date of Decision: November 7, 2017
Petition of.- Chad Lawlor
1679 Osgood Street
North Andover,MA 01845
Premises Affected: 1679 Osgood Street
North Andover,AIA
Assessor's Map 61,Parcel 16
Referring to the above petition for a Site Plan Review Special Permit, from the requirements of the North
Andover Zoning Bylaw Sections 8.3,,, 10.33 10.31 and 16,and M.G.L.c.40A.Sec,9.
So as to allow to allow a contractor's yard and outside storage of landscape products and landscape/contractors
equipment located within the Corridor Development District 3 (CDI)3)Zoning District.
After a public he * 0 nd
"mg given on the above date, and upon a motion by A. Preston and 2 by P. Boynton to
APPROVE the Site Plan Review Special Permit and based upon the following-conditions. Vote was 5—0 in
Favor of the application.
On ehalf of North Andover Planking Board
John Simons, Chairman
Peter Boynton
Jennifer Burns Luz
Eitan Goldberg
Aaron Preston
ATTEST:
A True COPY
9,1,
To)v�Clerk
Map v 12'r all;V1 10
Site Pima Review Special Permit
w
Page 2 of 6
The Planning Board herein APPROVES the Site Plan Review Special Permit as to allow a contractor's
yard and outside storage of landscape products and landscape/contractors equipment located within the
Corridor Development District CDD Zoning District.The project is located at 1679 Osgood Strect,
North Andover,Massachusetts, 0 1845,,Assessors Map 61,Parcel 16.This Special Permit was requested
by Chad Lawlor, 1679 Osgood Street,North Andover,MA 01 84S. The application was filed with the
Play ng Board on September 25,2017. The public hearing on the above referenced application was
opened on October 17, 2017 and closed by the North Andover Playing Board on November 7,2017.
The applicant submitted a complete application,which was noticed and reviewed in accordance with
S ection 8.3, 1.0.3, 10.3 1 and 16 of the Town of North Andover Zon ing Bylaw and MGL C.40A, S ec. 9.
The Applicant is hereby notified that should the Applicant disagree with tMs decision,the
Applicant has the right,under MGL Chapter 40A, Section 17,to appeal this decision withn
twenty days after the date this decision has been filed with the Town Clerk.
accordance with 8.3, 1.0.3, 10.31,and 16 the Planning Board makes the finding that the�x�tent of the claw,
as well as its specific criteria are net. This decision specifically stated by the Planing Board makes the
following F 1NGS of FACT:
FLINGS of FACT
1 The specific site is an appropriate location for the project.
2 The use as developed will not adversely affect the neighborhood.
3 There will be no nuisance or serious hazard to vehicles or pedestrians.
4) The Building Commissioner has deemed the use is allowed by special permit under Bylaw,Section 16
and his recommended Site Plan revisions as identified on sketch plan signed and dated October 17,
017 have been incorporated Mn the revised Site Playas dated October 18, 2017 (See mail
correspondence dated Oct. i 1,2017 and Special Permit sketch plan with notes dated Oct. 17,20 17
5) The Fire Departinent reviewed the project and has confirmed turfing ability for the Fire Depart .ent
apparatus. Any flammable or combustible storage must comply with NFPA 30. (See memo from
Chief McCarthydated October 20,2 17
6 NA Police Department has reviewed the project and have no issues with the proposed project. (See
memo from Lt. Lanen dated October 10,2017
7 The Department of Public works has reviewed the Site Plan and recommended changes from the
Building Department and sloes not have any souse s. (See email correspondence from John
t orge i dated October 27,2 17
8) The Health Department has reviewed the project and requested a condition that no additional flow
be added to the existing septic system for the proposed business. (See email coiTespondence from
Briar.La Grasse dated October 27,2017
9) Additional screening was added to the Site Plan in order to provide a more substantial buffer to the
residential neighborhood located t the rear of the site.
1679 Osgood Street
Map 61,Parcel 1
y Site.Plan Review Special Permit
LL Page 3 of 6
1 Noise concerns raised at the public hearing were deemed to be an existing condition as a similar
se is Mn operation along the Rt. 12S corridor.This commercial use will have a negligible impact.
11 Finally, the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Section 8.3.5 and 1 . ,but requires conditions in
order to be fiffly in compliance. The Planning Board hereby grants an approval to the applicant
provided the following conditions are net:
WAIVER
12) 8.3.5(e)(vifi).6 Stormwater Management Plan: All applications for Site Plan Review shall include
the submittal of a Storrnwat r Management Plan prepared in accordance with the latest version of
the Massachusetts Stoinwater Handbook and additional criteria established herein and
demonstrating fall compliance with the Massachusetts Storrnwater Standards and the North
Andover Storrawater Management and Erosion Control Regulations promulgated wider Chapter
160 of the Town Bylaws. This requirement is waived since no activity is proposed within 1 or of
wetlands, o impervious areas proposed,, no buildings proposed, no changes in g��adng o•
topography proposed,no new drainage facilities proposed or any being changed,
3 8.3. e I : Building Location: Identification of all existing and proposed structures located on
the site. The number of stories, overall height in feet and gross floor area in square feet of al
structure shall be Mndicat d. This requirement is in
as there are no proposed buildings.
1 .3. ex : Building Elevation:A.drawing of the exterior of the building, as viewed from the
front(street view)must be submitted.The Planning Board may request rear views if relevant to
the Board's review. This requirement is waived as there is no building proposed to be built.
15) 8.3. c xx : Traffic hnpact Study: Identification of existing trams.c levels, along with the
expected traffic impacts to occur based upon the proposed project. Projects wbich access state
highways, a traffic impact study shall be filed with MEPA.concurrently with the Planning hoard
review.This requirement is warred as the residential trip generation i existing and wi�I not
change,there are no new buildings and the site is already developed,and the historical use was
retail and wholesale florists with substantial automobile and truck generation.
SPECS CONDITIONS
1 Permit Definitions:
• The"Locus"'or"Site"refers to the 2.8 acre parcel of land,as shown on Assessors Map 6 1,
Parcel 16, and also known as 1679 Osgood Street,No h Andover,Massachusetts.
• The'Mans"refer to the lawns prepared by Merrimack Bngineeri�ig Services,6 6 Park Street,
Andover, MA 0 18 10, entitled "Special Peimit Site Plan North Andover Massachusetts",
dated September 5,1,2017 and revised to October 18,2017,,prepared for Chad R.Lawlor.
• The "Project" refers to allowing a contractor's yard and outside storage of landscape
products and landscape/contractors equipment located within the Corridor Development
District CDD3 Zoning District.
• The""Applicant"refers to Chad Lawlor, 1679 Osgood Street,North Andover,NIA o 1845,
the applicant for the Special Permit, its successors and assigns.
IVId %ji, uai%. .L xv
Site Plan Review Special Permit
Page 4 of 6
F
The"Pro ect Owner"refers to the person or entity ,oldmng the fee interest to the title to the
Locus from time to time, which can Mncxude but is not limited to the applicant, developer,
and owner.
1 The D -etor of Planning shall approve any changes made to these plans. Any changes deemed
substantial by the Planning Department would require a Public Hearing and Modification by the
Pl nmm�g Board.
1 Any flammable e and/or combustible storage must comply with NFPA 30.
1 The proposed development must not present a demonstrable adverse impact on the
sui ounding area resulting from excessive noise, dust, smoke, or vibration wMch are
higher than levels now experienced from uses permitted in the surrounding area.
o The hours of operation,for the commercial use, shall be fisted to Monday through
Saturday 7:0 o am to 7:00 pin with the exception of snowplowing op ration ;
21 The conu nrcial use shall comply with applicable state air pollution control regulations
and policies in connection with sound levels.
2 No additional flow shall be added to the existing septir,system without first obtaining approval by
the Health Department. The commercial use shall utilize elf-contained portable toilets on an
ongoing basis.
2 All outdoor lighting shall be designed so as not to adversely impact surrounding uses and
residential properties, while also providing a sufficient level of Illumination for access
and security purposes. Such lighting shall not blink, flash, oscillate or he of unusually
high intensity of brightness.
s.
2 Parking areas shall be illuminated to provide appropriate visibility and security dufin.g
hours ofdarkness.
2 Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does
not produce a strong, direct light Beyond the property boundaries, and shall be directed
toward the object or area to be illuminated. Light shall be directed away from residences,
2 Lighting of the site shall be.adequate at ground level for the protection and safety of the
public in regard to pedestrian and vehicular circulation. The glare from the installation of
r
outdoor lights and illuminated signs shall be contained on the propel and shall be
shielded from abutting properties.
PRIOR TO ISSUANCE of A BIDING PERMIT
27) Two copies of the signed, recorded decision and plans must be delivered to the Planning
Department.
1679 Osgood Street
Map 61,Parcel 16
t
Site Plan Review Special Peimit
F 'age 5 of
2 A performance guarantee bond of two thousand dollars $2,0 o, made out to the Tom of
North Andover must be posted to insure that the construction erosion control, and measures, and
performance of any other condition contained herein will take place in accordance with the plans
and the conditions of this decision and to ensure that the as-built plans will be submitted;
2 A.detailed construction schedule shall be submitted to the Planning Staff for the purpose oftracking
the construction and informing the public of anticipated activities on the site.
DURNG CONSTRUCTION
0 Dust mitigation must be performed weekly,or more frequently as directed by the Director of Planning,
throughout the construction process.
3 l 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 ire covered at all tines
and fenced off to n pi e any dust problems that may occur with ad acent properties.It shall be the
responsibility of the developer to assure that no erosion from the construction site shall occur wbich
will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally
ancillary to -site construction.
32 Off-site erosion will be a basis for the l lann g Board making a finding that the project is not in
compliance with the plan;provided,however,that the Planning hoard shall give the developer vnitten
notice of any such ceding and throe days to cure said condition.
RIOT.TO A CERTIFICATE of OCCUPANCY
33 The Applicant must submit a letter fx- m the project engineer stating that the building and Site layout
substantially comply with the plans referenced at the end of this decision as endorsed by the Planning
Board.
PRIOR To THE FINAL RELEASE of ALL S CURJ Y AND ESCROWED FUNDS
3 A.final as-built plan showing final building design and Site improvements must be submitted to the
Planning.g Department. The as-built must be provided in paper form as well as In SDI` Standard
Digital File)format.
3 The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan.
GE NERAL CONDITIONS
3 The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff`will be added at the ProjectOwner's expense.
37)A final as-built plan showing the dal location of all on-site structures, curb cuts,parking spaces
must be submitted to the Planning Department.The as-built must be provided in paper fora as well
as in SD (Standard Digital File)format.The Applicant must also submit a letter from the architect
and engineer of the project stating that the building, land capm' g substantially comply with the
plans referenced at the end of this decision as endorsed by the Planning Board.
1679 Osgood Street
Map 61,Parcel 1
{ Site Plan Review Special Permit
Page 6 of 6
8 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.
9 The contractor shall contact Dig Safe at least 72 hours prior to connnencing any excavation.
0) Gas, Telephone, Cable and leetrie utilities shall be installed underground as specified by the
respective utility companies.
1 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: 0 p.m. on Saturday.
2 No open burying shall be done except as is permitted during burnffig season under the Fire
Department.ent regulations.
43) 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.
44)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.
45) Any revisions shall be submitted to the Plannffig Director for review.If these revisions are deemed
substantial,the developer must submit revised plans to the Manning Board for approval.
6 Pursuant to the North Andover Zoning Bylaw Section 10.31.3 this Special Permit approval shall
be deemed to have lapsed November 7,2019(two gears from the date of issuance)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. Substantial use or construction will be detei-mined by
a majority vote of the Faring Board.
7) The following inform.ation shall be deemed pact of the decision:
Plan titled: Special Permit/Site Plan North Andover Massachusetts
Prepared for. Chad Lawlor
1679 Osgood Street
North Andover,MA 01845
Prepared y: Merrimack ngineer g Services
66 Park Street
Andover,MA. 011
Scale: 1 o'
Date: September 5,2017,revised to October 18,2017
c: Applicant
Abutters
Town Clerk