HomeMy WebLinkAbout2021-01-19 DRAFT Decision i4
n f9ii
Town of North And
Office of the Plantring Department
w Conimunity Development and Services vices Divisiorr
.120 Main Street
North Andover,Massachusetts 0 1845
NOTICE OIL DECISION
SITE PLAN REVIEW&BARKING SPECIAL PERMITS
Any appeal shall be filed
Itl>rlrY clyaftrt'tl>i
d,atie of filing tl'rl notice in
the office of the Town Clerk.
lets.- Japtiaty l 9,2021
Deceniber 1 ,' ,Ja uu ry 5,2 21,January
1 ,221
Date of Decision'.
Petition of. Crosspoint Associates,Inc.
188 Needhain Street,Sprite 255
Newton, 6
Prernises Affected: 4 19&43 5 Arr.d '%� r Street
Y ;
e
f ryring to,the above p tl i n for-aSitt,flan Reviewand Parking'Special Permit,from the requirements f li
North..Ai,Wover Zoning Bylaw,, rti l , ='ar-t ,includingParking Permit it n r�Aili l Dort I, an
Article 1 § 1 -1 . read MGL . �see,91.
So as to allow for thiewdevelopinent ofth prope tie located at 419 and 4 5 Andover treet'by demolishing
the i thi Etl n Allen and the l li S a and.S al n I aril airr�a and orrstr u t.rr two rn ll r�buildings xv th atotal r a� foot u, f 1 ,8 ,S t ��lru �r new +mme'- ial t rtiant . l' ur businesses are proposed on the
prw p t :the existing Beitucci.'s Restauran coffee shop a medical office,iuid a,bank. Botha the coffee shop
and bank irr lard drive-thro uu ;li bper'Ations.The Site esign includes new lights,throughout the prop rty s,well
as an outdoor Ati ad j a rat to tla fl"e shop',',thie installation of an improved stonnwater mitigation system,
a
and itnproved l ndsca in On Site,T)idlparcels arelocated in the en r al Business zoningdistrict.
After*a Public hearing i rr on the.above date„and upon qua in tion by X and 2nd by X to, 'II:fIVE/DEN
the Site Plan Review and rkli Special rintsrredd, id � n and subject t the following
C rrditions.''dote was in favor of the l li ation.
n Belialf of the oirtlur Andover Planning Bard
J101111 sirnon
Peter Bloynton
Aaron Preston
Kate B rgnesi
l
419&435 Andover Street,Map 24 L,ot 32&39
Site Plan Review&Reduction in Pat-king Special Pei-mit
January 19,2021
'I'lic Site Plan Review Special Permit and Parking Special Pennit applicatioii,s were filed witli the Planning
Board on October 24,2020. The PublicHearing on the above referenced application was qpenedon Noveniber
24,2020 and closed by the North Andover Plamung Board on January 1.9,202 1.
On January 1,9,202 1,uP
. on n m a motioadc byX an secon d a, d by X to A:PP ROVEIDENY, as amended a
.
Site Plan Review Special Permit and Pail-king Special.Permit to audiorize the redevelolmient of the properties
located at 419 and 435'Amdover Street by demolishing flie existing Eflian Allen and the Ali Spa and Salon
building and constructing two snialler buildings with a total square footage of 10,852 SF: to, house new
commercial tenants.,Four,businesses are proposed on,the property:the ex isting Bertucei's RestaUrallt,,a coffee
s1lop,a inedical office, and a bank. Botli the coffee stiol)and bank include drive-thru operations. Ilie Site
desiga ill.0 loud es new lights throughout the property as well as an outdoor patio adjacent to,(lie:coffee shop,the
installation of animproved stormwater mitigation system,and iml)roved landscal.),ing oii,site.Tlit Project is,
located at 419&435 Andover Street,Nortli Andover,Mass acliusetts,01845,Assessors Map 24,Parcels 32&
39 withiti.General Business Zoning District. "me 1I)arcels total s,approxilmately 116,987+/-SF. In Special
PerMits were,requested by Crosspoint Associates,hic., 188 Needliani Street,Suite 255,Newton,MA O�2,464.,
'File Applicant submitted a complete application,which was noticed and revieNved.in accordance with Article
8)Part 3$including Parking Special Permit under Article 8 Part 1, and Article 10§ 1,95�-1,0.7 oil the
North Andovet-Zoning B,ylaw and Massacliuselts General Law Chapter 40A,Section 9. The motion to
c,t p prove was subject to tlic.F.INDINGS OF FACTS and SPECIAL,CONDITIONS set fordi iti.this decision.
The Planning Board vote was X—X,,unanhnous,,in favor,,to grant the Site Plan view and Parking
Special Permits. A special.permit issued by the special perin,it granting authority requires a vote of least
four,mem blei-s of a five-membler board.
The Applicant is licreby notified that sliould the Applicant disagree witli(Iiis,decision,the Applicant lias,t�l�ie
ri,glit,under MGI,Cliapter 40A,Section 1,7,to appeal to this decision wilbin twenty,days of die date this
decision Ira s been filed itlr the Town Clerk�.
Tlie Plaii,nin I n i 'nil's
I g Board makes,the finding diat the intent of the Bylaw,as wel as its specific e iter a are niet,
decision specifically stated by the Planning Board makes the following FINDINGS OF FACT:
FINDINGS O,F FACT
1) The,specific Site is an appropriate location for such a use,structure or condition.As the Site Is
zoned for retail,banks,places fir'army professional,artistic or mercantile activity atild res tau rant,
use.The restaurant use lias been a longstanding use on the Site and the proposed,uses are
consistent with otlier uses in flic area and witli the General Business zoiii,tig district.The Site
design coinjAinictits the surrounding uses and provides for sufficient traffic,curb cut and
circulation hnpmvetnkients,as well as sufficient'water,s,ewer and other utilities.
2) The use as developed will not adversely affect tlic neigliWrhood character.Tlie Project provides,
approp riate building,landsca ing and screening set back froni(lie a per rod pioties.The
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existing,Etlian Allen and the Bliss Spa Salon building currently ocenples,24,098 SE The two
buildings proposed to'be constructed after tlii's building,is deinolislied total 10,852,SF,wIiicIi
significantly reduces tile building massing,on Site,iniproving the aesthetics,of die,Fite,
Im-eventing overci-owding,and ensuring adequate light and air. Nelgliboring properties are
protected with the installation of improved landscaping and buffers.The developmetit will not
liave,a greater Impact on tlie surrounding area resultitig,froni.Iiiglier noise,se,dust,smoke,,01'
vibi.ration levels dian,the current use.The cliaracter of the arcWtechn-al style of the proposednew
building will cornl?leiiient and is in keel)ing with the arciii.tectUral style of existing builditrigs
located alotig Rt. 125 and Rt., 1.14,as,well as to the rear`of the Site. In addition the Applicant leas
subrilitted elevations of offier,Con vientMID,locations,
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19 435 And Street Ma 4 Lot 39 ..,.,...... .. . ..:...'....,.....:.:..:..-....:-...... ..-.... ,...:.,.,...'':,.,..:..,.::::..-.'-.-.'..:-,,, ,
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Site Plan i eview eduction in Parkin S ecial Per`niit
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Januar 1 1 . .
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Th Pro`e t will fulfill a conimunit need d for the Route 1 l corridor` s it will provide additional . '
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rretail restaurant and other faciIitles��hich are inn oi-tant for the redevelo nient oftile corridor. ...
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From an economic stand oint the Project will E provide potential new ens to � ent a or tunities
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for(lie area, .:
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There will be no nuisance or serious hazard to vehicles or pedestrians.Driveways s have been
: located to provide for the best available si ht distance alon t. 11 and fit. 1 5 The prop osal .
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inn proves the one site traffic pattem and r oid unsafe con lists h tween moto vehicles and
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de Irian tr`affli T] proposed dri -th � n for th n it ire ae tuni dat all
e s c. v des oho bud ca o e
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ehicic queues completely within the property to avoid backups on the public roadways.The curl
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cuts have been niiitiinized and relocated to imp rove triaffic pattern lessenin traffic con estioil. . .. .
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Site improvements har e ben designed to ima maximize on-site and off site safct .The Applicant has ...
ply ..
• € 1 l i l h i' ' l �r �• for l l T l 1 1� r PI r : ' .
coo aced to des t t o cc a nee o t e ass t, 1 or a ent 1.
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5 According to the Traffic Stud submitted b ras Associates Inc.dated October ..
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a. The proposed coffee shop,medical offices ace and drive-thru bank are expected to
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generate approximately 7?new vehicle trip 4 entering and 9 existing)during the . ..: .
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.weekday morning leahour,approximately new f hi le trips � entering and 41 .. . .
existing)duringthe weekday eveningpeak hour and approximately1 new vehicle
tr•x en ex du the aturidaidda peak.
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b, 1x oa a• o to the use o '�a� t Site, operational,tk
1 ,1proposed
redevelopment Project is projected to amount to approximately l to new vehicle
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trips per minute drain peak hours o roadway traffic. .. .
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C. Pro'ect�related traffic iereaes are no ro'ected to�•eslt irr aotble it act to area .
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traffic o er�ations a cor Faxed to future No uald conditions foIlowin the
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implementation
of corridor improvements ut n l under design by T for
the route 114 corridor. I..
d. The proposed coffee/donut t shop restaurant with dr`i a tl rr has been adequately ..'
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situated o Site and designed to cure drive-tl -ueueix can be accommodated :
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without adversely impacting on-Site circulation, ... ..
The proposed Project provide a total of 1 spaces where 15 spaces would be {e required ire
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accordance with tile Section ,1 # "Tahoe o Off-street Parking").Adjustments to arl in . .
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re u r`c act is appropriate � Ili varying cad demands of the various uses on the Site,and .
ire coiijunction with such aid ustmetits the park at the Site�vi11 not cause detriinent to the .
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s u rrou nd ing nei gliborhood since the ro osed arkin ro rani for the Site will not increase
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traffic cony estion or` euirr or otherNvise result in un safe conflict of inotor vehicle alld .
pedestrian traffic, s further described in the Traffic Impact Assessment. :. ::.
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A roxiniatel %of the pro os d aces are cony act soine of which are are led aces •tlic .
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do not meet the dimensional requirements of 195- .5 Design Standards, These aces are . :.. .. .. .: . '
predominantly existing aces for Bertucei}s e.taurant and will remain a the currently are. :.
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Six news aces will h compact. The use of compact parkin aces allows the Applicant to : .
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provide additional parking spaces. Pursuant to 1 - Ile Planning i�aY�odif
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the desire requirements of the park design provisions. .
l Additionally,pursuant to 19 - . D oninion Parkin Areas and Multi 1e-Use Facilities,p ..
vlzere there are multi lees that require parking,the number of parking spaces ordinarily , .
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required may be reduced below the sum required for the separate uses provided that the lours, .. .:. . .. .. -. .. ..
days,on peak parking or loading demands for the uses are so different that a lover total will .
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19&435Andover Street,Mali 24 Lot 32&39
Site Plat Review&Reduction in Larking Special Permit
January 19,2021
:
provide adequately for all rises or activities seared by the parking facility or loading bay,and that
the location or the parking facility in relation to the uses 131-oposed to be served by it i :..
appropr}ate.The Pr0i cc will involve parking fog•a co nib i n at ion of retail,bank,medicat,and
restaurant uses,which will complement the residential neighborhoods adjacent to the Site,and the :
hours,clays,or pear parking or loading demand for the commercial uses are so different that the
proposed number of Project parking spaces will provide adequately for all-uses or activities
served by the parking facilities,and the location of the parking facility in relation to the uses ::.. .
proposed to be servcd by it is appropriate. The proposed parking layout will[lot cause detriment
to the surrounding neighborhood through increased traffic volumes,will not result in increased
congestion or questing since circulation will be enhanced through Shared access to the Site,and
the parking design will not result in any unsafe conflict of motor vehicle and pedestrian traffic. :.
9 The Applicant leas conducted a Parking Demand CalouIation with re pent to the utili zation of the
proposed 139 parking spaces, The average peak deniand will be 89 spaces(weekdays at noon),
well below the provided 139 spaces. Saturdays at noon will have an average pear demand of 87
spaces.With a surphis.of 50 spaces,the proposed development provides adequately for all rises,
thus the Board gran ts a Parki jig S p cc]al Permit to mod the p a rk i ng requir meats pursuant to§
195-8.8 Special Perm ts,
1 Adequate and appropriate facilities will be provided for the proper operation of the proposed use. :
The Project is adequately and appropriately serviced by municipal water,sewer and other utilities
that adequately address the needs of the Project. An improved,updated torniwa(cr ana i rat
system w111 Ise installed to address on-site drainage. Storinwater inauageme11t facilities will
provide adequate treatment of stonnwater in accordance with applicable requirements. : .. :..
t 1)The use is in harniony with the general purpose and Intent of this Zoning Bylaw.The location of
the proposed Project is ideally suited to add additional retail,riestauratit and other uses allowed
within the General Business Zoning District to complement and build upon the Future :..
redevelopment of the Rt. 114 corridor in this area of North Andover.
12 The Plan reflects extensive discussions with the Planning Board,Peer Review Consultants,the .. :
Plasm ing Department,other Town D ep art trlents,and t1Ye App lie ant with respect to Site design and
stomiwater man genient,
1 The stone ater management is designed in accordance with the Town Bylaw requirements and
Best Management Engineering and Practices,and the most recent version of the MA DBP
torinwater Handbook,and the P I a n reflcots extensive discussions and review by the Town's :
outside consultant engineer,Horsley Mitten Group.The overall Site,including the parking areas,
leas been designed to drain to deep-sunip,Hooded catch basins.T1ic catch basins will capture aad
convey stornlivater runoff,via an underground Pipe system,to a proposed infiltration basin.
During extreme storm events,the infiltration basin overflows via an outlet Control structure to a :.:...: ..
proposed perforated pipe infiltration trench along the westerly property lisle,which will act as a
level spreader to sheet flow excess runoff to the abutting property and parking lot,as it does
ulid er exisIing condition . Pretreamient of storinwater run offwill be provided by a combination
of deepOsump,hooded catch basins and proprietary treatment units prior to discharge into the
proposed infiltration basins.Rooftop runoffhas been designed to floxv to the basins as well.
There were extensive discussions between the Town's outside consultant engineer and the Project ..
Engineer related to the overall design and Stonnwater Operations&l aintellance Plan.(See
correspondence froin Horsley Witten Group dated November 10,2020,December 17,2020 and :
December 22)2 020;and Bohlen•response comment dated December 8,2020,a 11d Dcec nib er 21,
22
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19& 3 Andover Street,Map 24 Lot 3 &3 .
Site Plan Review Red tiction in Parking � ecial Permit � .
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January 1 ,2021 :: :::.:
1 The Plan reflects extensive discussion and preview with TES Inc. the Town's civil and traffic ...
peer review consultant and nicets the requirements of the Town for Site Plan Review as stated in .. :.
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195-Article Part Site Plan Review of the Zoning law, See memos dated November 23
2020 and December 1 2020•and anasse As hic,res on conuiients dated cein er :'-,.'-'.:::'.:".,.,..'".':.":",'"':.:.:,.,.:-- - . ... .... . . . ... . . - ,
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2020 and Dccemberi 2 202 .Re ardia TE corres1 sondence dated Dee elube r- 14,2020 t he
Board found that they r satisfied with the development as proposed as it relates to Conditions
47 9 #�12 and 413. In regards to Condition##11 the final Plan set leas addresses the minor error � .
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noted. lei re ards to Cony iti n� 1� The B ui1 In nuni i i i �1 . . .
of e d o o leas cox f" ed lie leaYot
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e ed cony faint r ardin e i #ir conditions of Bert cep s D aces and t1iat the Site
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cor�� lies ritl the amount of a�' i see cx ail o�rr and e dated Jar ua� 2 21 . . .
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1 The Town Engineer,John Bor- esi has reviewed the Project and there are nooutstanding- . .:. . .:
issues
See Bail dated Dccember 3,20.
1 The North .. :.
e ort h Andover Fire De ail ent has reviewed d the Project and has confirmed that all
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comments leave been satisfactorily addressed see email correspondence from Lt.M.Beirne dated
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October 2 and November 23,202 and the res on ni nio from Bohler datedNovember 19 : .. .
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17 DPI era(ion leas reviewed the Project and leas con that all comments lave beers � . . . :.
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satisfactorily addressed see mail correspondence from T'.Willett dated October 2 and .. .
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November 2 2 20 and the response nnemo from Boller dated November 1 2 ..
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1 }The Project will require a National Discharge a t �PD :
Construction General Perth P to a obtained r�t
o be filed d ob ed from the United States
Environmental Protection Agency.
19 T1 l assacl tsetts Department ofTran ortations Ma sD T Highway Division is ranted ... ..:
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atithorit to issue State Hi hw Ac Perini n N n-� hi 1 r P • 1'
ay es is a d on c a Access its lh . ,X,, ...
ha ter 1 See.21 and 720 MR 13. for any work related to State Route 12 wliicli i a state .. ..
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jurisdictional highway. ..
Finally the Planning Board finds that this Project generally complies the of North :.
.1 t .
ZoningBylaw requirements as listed in Article 1� Part 3 including Parking Special Permit under Article
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Part 1 and Article l fl 1 -�1 .'7 on the l oi-tli Andover Zoning Bylaw but requires conditions its order to .
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be fill in compliance. The Planning Board hereby rants an approval to the Applicant provided the . . .:
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following CONDITIONS are met: ,...::
PERMIT IT DEFINITIONS : .. : .
2 The"Locus"or"Site"refer to the combined 1,42 SF pa or land acid the 35,5 f F pa reel of .
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land as shown on onion of A sesso� Ma 2 ,Parcels 3 and 32,and also known alkla as�419 .
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irdover Str- ct ad3 5 A ndavc'S t'eet,N oilh Andover}lassaclsett .
21 The"Plans"refer to the fans pre pa red b Mohler Eta inecrin .darted October 22,2020 and revised .. ...
1 1 ...:,.....'.:,,.'............,.........December 8,2 20 and De ember 21,2020 consisting of S lice ts C-I01,C-1 02,C-201,C-3011 C- .
01, -501, 1, - 02,L-10 , L-101,L-2 0, -901, -�902., -9 3, -9 4, -9 5 and 1 of 1, : - .. .
titled"Proposed Site Plan Doctu ents for Crosspoint Proposed Site Plan Devclopment Location of
Site: �419&435 Andover Street Essex County Town of North Andover,Massachusetts Map , : ..
Lots 32 3 ".
2 The"Project"refers to the redevelopment of the properties located at 1 and 435 Andover Street by .- . . , . .
demolisiing the existing Ethan Allen and the Bliss Spa and Salon building and constilleting two :: . .:. .. .
.
19&435 Andover Street,Map 24 Lot 32&.3
Site Plan Review&Reduction in Parking Special Permit
January 19,2021
smaller buildings wide a total square footage of 10,852 SF to house new conuiiercial tenants. Four
businesses are proposed on the property:the existing Bet ucei's Restaurant,a coffee slop,a medical
office, and a batik, both the coffee slop and batik include drive-thru opetutions, The Site design
nieludes new lights drroughout the property a s well as an outdoor patio adjacent to the coffee slop,the .:
installation of an improve imp-
iovied stonimater mitigation sy teu�,and improved ed landscaping on Site. The
Project is located within the General Business Zoning Dishict.
2 The"Applicant"refers to Crosspoint Associates,1jic., 188 Needham Street, Suite 255,Newton,
MA 02464,the Applicant for the Special Permit,its successors and assigns.
24)Tl e
ccPrInee'1`efcl to the persoY or enttty hol tie fee lterest to tlYe tEtle to#lie 1.oeis `...
from tiine to nine,Nvhich cats inelude brit is riot Iiinited to the Applicant,developer,axed owner. :
SPECIAL CONDITIONS
2 Any information required and submiRed to a spy age acy of the C oninionw aIth,shall be filed with
the Planning Department. :.
2 The Applicant shall continue to work with MassDDT to coordinate the Site redevelopment design
with MassDOT's improvements to both Rt. 114 and Rt. 125.
2 The Applicant must meet all Massachusetts Department of Ti-ansportation MassDOT
reguIation s concernisig traMc.signa I zation and roadway improvements to R1. 114,
2 The AppIicant slia1]inform the P1aniiing Department if the Proj cc mee ts.or exceed s any of th e :
Massachusetts Environmental Policy Act(MEPA)review thresholds listed its 301 CMR 11.03 :.
and if a MEP MEPA filing is required the Applicant shall provide a copy of the filing to the Planning
D epa rt tile ii t.
29 The Applicant trust supply a copy of the apptoved MassDDT perinits necessa ry for access a ad
construction of[lie Site to the Planning Depatini nt.In the event tile MassDOT requires a
material change as deemed by the Planning Director)to the access/egress or other detail
depicted on the P I a n s the Applicant sha11 submit reprised plans to be reviewed by the Board in :
accordance with the process described in§ 195- .17 Revisions to Approved Site Plan).
30)Transpoilation Demand Managemem: The following measures shall be implemented as part of
the Project in an effort to reduce the overall number of automobile trips to and from the Project :
Site and to 1)ronioIe the lose of alternative modes of t ra nsportation.
a D signatrtou of a Transportation Coordinator within the Project to encourage the :
use of alternative modes of travel to single occupanoy vehicles;
i eye le racks shall be Places its a convenient.area of the Project to promote the
use of bicycles by employees and patrons of the Project.
Posting oftransit naps and ichedules in conspicuous locations within the Project
to promote the use of area transit services by employees of the Project.
d Construct all crosswalks and sidewalks proposed as part of the Project to adhere
to Americans with Disabilities Act ADA guidelines;
e The Applicant wH1 encourage tenants to offer altemati a pork schedules to all
employees as well as staggered work shi s where appropriates to reduce pear
period traffic volumes,It is rioted that commercial employees typically work with
staggered shifts that are not coincident with typical commuter travel tinier. .:
41.9& 5 Ando-vei-Sty eet,.Nlap 24 Lot 32&39
Site Plan Review&,Reduction in Parkilig Special Permit
January 19,20,21
3 1)All utilities shall be,installed underground and if final locations of apPurtenant equipri'letit to these
utilities(e.g.(ransformer pads')materi all rnpact the design the Applicant and/or Project Owner
shall provide such details of such niodificaton to the Board for review.
32)All plans niust meet Americans,with Disabilities Act(ADA)and Architce(ural Access Board,
(AAB)require ran ents.
33)Deeply rooted,trees and,shrubs shall not be planted over subsurface infiltration systems,and
landscape areas designated as snow storage;locatioliis shall.be planted accordingly.
34),The Applicant or tenantssshall riot place bantiets or other like signs on any stnicture or erect
structures to hold,such advertising devices unless otherwise approved,by a Town Board.
,35)The Apl licant shall COMILICt a Drive-Through I.,ane Monitoring for the proposied Starbilicks program
once a year for a two year period beginniiig approximately one year after the Certificate of
Occupancy is issued Ifor Starblucks. The traffic monitoring,should focus on,the queuing association
with the d6ve-through o, eration;including,b ut not linitted to,average length ueue,of q peak length
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of queu .lo e,any negative impacts to interr frculation and/or Rt.125(Andover Street). Results shall
be, conipared to the projected traffic analysis,., The monitoring progn-ani shall include weekday
morning,weekday evening and Saturday daily coutits,at the Site driveways at a time that is not
during a holiday week.or a time that school is,not in session.The results of the nionitoring analysis
shall be subiiiitted to the Planning Board along %vith atiy suggested initig'ation strategles, if
applicable.
ire Applicant shall co,iduct Drive-ThrougliLane' onitoring for th
i �M C proposed Starbucks within 2
i,iioiit,l,ls,follo�v'l"ng,fire Certificate of 0ocupancy aInd Starbucks',5, opening for bus"Tara es's.I'lieDdivet
Througli Lane Moniltoritig, ball focus,ort the'qp-cuin , ocJhated with'the driv ,thro ugh op erajol
,tli
recording tine observed
e total obseed quette over a 2-hour M,period(7:00 A to,9:00 AM)on.oire'(1)weekday
(non-holida'y).'rfie selected date It nil be coordinrated with the Plannitig Director ar d.results shall
Board along eedback on site circulation and site access froni
be subirtitted to be Plan""' with f I I
ti C Commented[E31�:.Ap guage.
Route 125(Andover�S e t),j plicant s suggested lan
36)Any revislons to the approved Plans shall be submitted to the Town Planner fo,r review.If these
t-evis,ions are deenied substantial,'the developer inust sublinit,revised plans,to the Planning Board
for approval,all of which is in,accordatice,with§ 195-8.17(ReNrisimis to,Approved,Site Plan).
PRI011,TO THE ENDORSEMENTOF THE PLANS,
RLUnIes,s otherwise;approved by thc Planning Board,the Applicant shall stibinit to the Platining
Board for it approval a Forni.A,applicatiozi for approval of an Approval Not Required along with
an AN Plan,which pr oses to,cotnbitle Map 24 Lot 32 an on
d,39 into e confiorm in lot,as,
op
depicted on the Plan.No construction activities authorized by this Decision shall be coninien,ced
until the,Applicant leas recorded an approved,ANR Plan for said lots,.
ove Condition 37 toPrior toIssuancebf a Build4.i P ,g ,ernip't and,tamen 1 d,�'t asfollows".
Condition 37—No building permit shall be;issued until the Applican't leas ejthqtLj) subin,itted to I
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the Plannilmr Board for its,approval,a Fon�ii,,A application,for approvar],of,an,Approval Not
eq 'red alonvy witli,an AINIL Plan w1i"1Ch 11, osesto conibine M 32and 39,itito one'u t 1 ap-24 Lot
conforrii,in Iot asde'Meted oti th M su,e lair mid bmission,of arecorded and approved ANR Planfior
,,
I said,lints to the Plaiiiiing Department;,or it ,since the lots are cm-ei-itly under separate own r" l i
rid thereis,a current sha,rt,,;d eni intflace between the two
A I parking agre en't* propertfies.,11-te
Applicant rare L,at its option,lee p,the lots,sevarate in their that
7
419i&435,Andover Street,Map 24 Lot 32&319
Site Plan Review&Reduction in Parking Special Permit
January 19,2021
prior to,the'J'sismance of a building 1perm the Applicaig will subnfit copies of the agree ni ents
tetween,tlie 2 lot owners. in the lot,lines are,not,being,changed,waivers would not bd
1:Mu ired,hurt the extent they are,tile Board igi:gnts,stich waivers from its,regg ted CE32];Applicant's reoie%st.
.................
PRIOR TO THE COMMENCEMEN T OF'SITE WORK OR DEMOLITION PERMIT
3-7).38J, Ali Illicit Discharge Compliance Statenient shall be:signed by the Project Owner mid a
cioipy shall be submitted to,the Planning Department.
418),391. The Storiiiwater Operations Phan&Maititenarice Plan.(O&m Plan sliall be signed by the
Project Owner and a copy shall be st14mitted to the Planning Depatinicrit.
34M.,q�� wentyfrhieniergen contact inforn"lation read Owner' infoliiiation liall be
Bursted in/on the construction,(railer/lobby/conimon area.,
PRIOR TO ISSUANCE OF BUILDING PERMIT OR CONSTRUCTION THE THAN SITE
WORK OR DEMOLITION)
a' "II` (2)copies of the signed,recorded decision with Plans attached must be delivered to
the Planning Department.
44)4 Per Horstey Witten Group,Conunent 3.b of mertiorandulli dated Deccinber 17,2020,the
Applic,antburs provided supporting infortaiattion'Including a Gootechnical Repoiil with soil borings
at tile location of the infiltratioli ch,an"Iber.,The inforIllation froni.the boring mid the proposed
grading of this area should provide e-tiough separation,from the bottom.of the systear i and the
'I high groundwater(able. The Applicant shall conduct aniadditional test it w thin ic
scasona I I P1 I
footprint of the try filtration systeni to confirm the appropriate separation. Per f1ors'ley Witten
(3roup Comment 3.a of memonandum dated Deceniber 117,20201,an,additional test Pit Shall be
conducted within the f6otpritit of the SubsurfAce Detention Systeni.to confirm that the proposed
systein will have at a niiiiiinuni 2.0 Beet of separation to groundwater rug .required for recharge,
-3J,—.`1"Jic Applicant sliall conduct an additional test pit within the footprint of the infiltratioll
system to confimn the appropriate separatio.i.i.
4,:1-)j4)_In consultation with the Director of Planning, the Applicant shall contract with Bo,liler
Engineering as a Construction Monition The monitor shall read,sign,and returti.to the Planning
Director the Letter of Agreenient.'The Construction,Monitor Must be available upon four(4)liouls"
notice to inspect the site with the,Phanning Board designated official. 'File monitor shall niake at
least tnotithly inspections of the 1"roject provide motithly repol to the Planning Department
(hroughout the duration of the Project,, and. detail any areas of non-coiii,pliance and cometive
actions, In the event that construction sliall cease the Applicant shall notify the Plarining
Department and,reporting shall not be required until the Applicant notifies the Planning Departnien(
that construction has,coiiiiiieiice(I.,A,d:(Ii,tionall,y,the nionitor shall assist Towt],Staff hi overseeitig
the heel lemen(ation and updating of the SWPPP throughout the developnient process.
44-)4 '1 P1..5J,.......--.-,Acotistnicti,ojisellic(Itieslial,],bestibiiiittedtotlie atining Staff for the purpose of tracking
the construdion and informing the public of anticipated activities on(lie Site.Construction of the
Project will require sequencing and w ill require crosion.and,sediment controls inspect loins by the
Plantung Departn'ient periodlically..Additional and alterilative nicasures err ay be required depending
on actual field condition .
bond in.the amount of thirty thousand dollai-is, ($30,000.00) sliall. be posted for the
puq)ose of insuring that the Site:is,constnicted in,accordance with the approved Plan and that a
8
419&435 Aiidovei-Sfi-cet,.Map 24 I-M 32&39
bite la Review&Reduction in Parking S1,ecial Pernlit
January 19,20,21
firial,as-built plan is provid,ed,showing this location of all on-site structures(Site utilities,structums
curb, cuts, parking spaces and facilities, including invert clevations of all stormweater
structures). Thisbond shall be in,a form acceptable by state statute and ill ay be a surety bond.
4(i)4 7
—All dunipster locations shall be shown oil the Plans,and the duilipsters shall be serectied
with feticinn and plailtings.The finial de(ails,shall be reviewed with the Plailning Director.
*7)4,,,) *nie Applicant must su, ply a copy of the ap, oved MassD01*permits n ecessary for
p pr
access and construction of the Site to the PlanningDepartment.
4Pr state and federal pertnits required-for the P ect,niust,be submitted to
A,col)y of all local,, r0i
this Planning Departnictit.,
44)5 0, All sto�riilwatei"iiia,ii(i ,eiiiciit best practices shall be niaintained as spec fied i in(lie approved
,--J--
Stommater Operations and Maititeiiance Plait.
54)5D, All applicable erosion,contiol nieasures must be fti place and,reviewed,and-approvedby the
Planning Departnietit.
5 4 52 The Project will be sub'ect to the US EI'A NIMES Construction-Gieneral Perinit(COP)
requirements and require a Stonn Water Pollution.Pr evention Plan(SW IT), A copy of the CGP
and SWl?PP shall be subtilitted tothe Planning Deparblient.In addition to erosion control measures,
the cons truct ion sequen61g plan]SW'PPP shall address when in,the develop,iitent process,tile valious
lon I le "re; terror temi.stormwatei-BMPs will be brought on-line and,how stommater flows frolin t Site i or
will be managed in the interim.
-construction meeting niust,be bald with the Applicant,developer,Planning De mt-tilient,
........ pre I
Construction Monitor,and Ere'viroilmental Monitor. 'flie,puij)osc ofthis meeting will be to review the
pliasing of this development curd fors the Applicant to submit a construction scliedule to all at tile pre-
construction meeting for the jmq)ose of tracking the coilstructioll aild infomifilg the public of
anticipated activities,oil the Site.
DURING CONSTRUCTION
L&34;,:54 Dust mitigation must be per we forilled ekly,or iiio freq as re tiently directed by(lie Plant.iing
Director,througliotit the cons(ructilon process.
In an effbil to reduce liaise levels the developer sliall.kee P n i o thmiti l.working r er thro od , u gh P
regular maintenance,any aild all equipnient that shall eniatriate sounds,from tile structures or Site.
455,�6,—Alv stockpiling of materials(did,wood,construction,material,etc.)ilmst be shown on a plan
and reviewed and approved by the Plannilig Staff,. Any approved,piles must remain covered at all
times and fenced off to miniiii ize any dust problenis that rue ay occur with adjacent properties.
It sliall be the res,p otisibility of the developer to assure that no erosion from the construe ction
Site shall occur which will cause deposition of soil or sediment upon adjacent propet-ties or publte
'ways,except,as nomially ancillary to off-site construction. Off-site erosion will be,a basis for the
Planning Doard mak,hig a finding that the Project is not iu. compliance with the plan; provided,,
li.owever,that the Planning Board shall give the developer written notice of any such,finding and severe.
days to cure said condition.
PRIOR TO,A CERTIFICATE OF OCCUPANCY FOR EACH BUIL
419&4,35 Ando-ver Street,Map 24 Lot
Site Plan Review&Reduction in Parking Special Pernlit
Jantiary 19,2021
-57),5 8 1 - 'rhe APPlicant may seek Certificate of Occupancies for each building as the work is
complieted that relates,to the specific building.
)59L__The Applicant mustsupply a copy of the approved MassDOT perinits necessary for
access and construc(ion of the Site to tile Plaml inn g Department.
-59-)1160') The Applicant must submit a letter from thie architect and eiigineer of the.project stating that
the building,landscaping,fighting and Site layout as it relates to flie build.ing a Cert,,ificate of
Occupancy is smiglit substantially comply with the plans referenced at the end of this decision as
endorsed by tile,Planning Board and that the stomiwater managenlent structures are functioning as,
diesigned. Alternatively,prior to tile issuance of thelast Ceftificate of Occupancy,tile Applicant
and/or Project Owner inn ay provide a bond,deternifiled ley tine Planning Bloard,to cover the full
amount ofthe landscaPing materials mid installation if weather conditions,do not pernitt the
cornpletion of the landscaping prior to the use of flie buildiiig,
44),6j_1__The Applicant imist submit a letter firom the engi inn certifying that the fighting provided
Eng inn eeling Society(JES (allrdards.
t -'All stomiwater stmictmes shall be clearied, in acclordance with,the approved Storillwater
Operation&Maintenance Plan.,
62),,Li Y J All signage shall,conforin to the signage regulations contained within the North Andover
Zoning Bylaw, Section 6, unless a Variance is issued by the North Andover Zoning and of
Appeals.
PRIOR TO TIIE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
6.� .I I I LAJ_,,file Planning Staff sliall review tile Site. Any screet ing as tnay be reasot ably required by
tile Planiiing Staff will.be added at tile Project Owner's expense.
6, ,5 A final as-built plan showing final topography, the location of all oil-, site utilities,
structures, CUrb cuts,, parking, spaces and drainage facilities, including invert elevations of all
stomiwater structures,must be submitted to the Planning Department, Any variance to tile Plan
shall be specified inn 111C1110 forniaM.'19he as,-built niust be provided in paper form as well as ill S,DF
(Standard Dig,ital,Tile)fornizt.
45)0,0,�i `fhe Platining Board must by a,majority Grote ma a finding,drat tile Site is in substantial
conformance with the approved plan.
GENERAL CONDITIONS
64),_01--Ally plants, tree, shrubs,or fencing that have been incorporated into,tile Landscape Plan
approved inn this decision that die or fall into disrepair illust be replaced by the Project Owner in
perpetuity.
contractor shall contact Dig Safe,at least 72 hourss prior to commencing any,excavation.
g9L_Gas,Telephone,Cable and,Electric utilities shall be installed underground as specified by
the respective utility companies,except for so-called"green utility boxes"as,may be,required by
the Utility con1panics.,
169),701) Tile hours for construction shall be litnited to between,71:00 a.m. and 5:00 p.m.Monday
through Friday and between 8:00 aml.and 5:0110 p.m.on Saturday,
10
419&43.5 Atidovei-Sti-ect,Map 24 Lot 32&39
Site.plan Review&Re fur ction in Parking Special Permit
Iui
January 19,20,21,
No open burning shall be done except as is perinitted,dUring burning season under the Fire,
Depailment regulations.
7�1), __—'Tlie Project Owner shall apply to the Board of Health for the appropriate dutnpstcr pennit.
Z.,IJ_._The provisiot s of this conditional approval sliall apply to and be bindhig upon the
Applicant,its employees and all successors and assigils in interest or control,
7TI) action by a"I" wn Board,,Conitnission,or Department,whichrequires clianges,in the
plea, or design of the building,as pre"Sented to the Planning Board,may be,subject to niodific anti on
by the Planning Board.
_AnY revisions shall be submitted to the Town Planner"for review. if these revisions are
deemed substaiitial, (lie,developer niust submit revised plans to the Planning Board for approval
using the process outlined in§195-8.17('Revisions to Approved Site Plan)of the Zoning Bylaw.
7 1�,' Pursuatit to,the Nortli.At do Zoning Bylaw Section 195-10.7(3),this Site PlailReview
Special Permit sliall be deemed to have lapsed after January'x,20,23(txvo years from.the date the
perinit is granted),exclusive,ofthe time required to pursue or await detenninatiourn of any appeals,
untess substantial use or con staut ctioran has com,nien.celd within said two-year period or for good
cause as determined by the Planning Board.
...—The followhig in form ation shall be deenied part of the decisloll:
Plan titled-, Proposed Site Plan Documents f6i-Crosspohit proposed Site Plan Developnierut
Location off" Site: 419 & 4,35 Andover Street E,s,sex County Town of'North
Atidlover,Massachusetts Mal),24,,Lo(s,32,&39
Prepared foi-: Cros�spoint Associates,Inc.
188'1` 1ham Street)Suite 255
Newton,MA 02464
Prepai-ed Oy: Bobler Engineering
45 Franklin Strect,50'Floor
Boston,MA 02,1,10
Scale: 1," 201
Date: October 22,2020,Rcvised'Dccetnber 8,2020 and December 2 1 2020
I..m.0 -200 C
sbeets: C�-10 1,G 1021,C-20 11 C-301�,C-4011 C-50 1,C60 1,C-602 L_10011 l 1, L -
9013 C-9,021 C-903)C-9104,C-9,05 and I of I
Stormwatej-Managenient Report
Prepared by:, Bold er Engineering
45 Franklin Street,5'Floor
Boston,MA 02110
Prepared,fot-: Cros,spoint Associates,,hic.
188 Needhain,Street,Suite 255
Newton,MA 024,64
Dateld: October 22,2020,
Stoli-niwater,Operation,and Maintenance Plan
419&435Andover Street,Map 24 Lot 32&39
Site Plati Review&Reduction in Parking Special Permit
January 19,2021
Prepared by: Bohler l tigineerhig
Prepared for: Cr sspoint Associates,I ic. :.:: ....
Dated: October 22,2020
Elevations
Prepared by: Please Zero l e ig;i BuIlditig A
Dated: October 20,2020
Px•epax*ed by: Corest to Group mIdMg B :.
Dated: October er 22,2020
Transportation Impact Assessinent
Prepared by: Vanasse&Associates,hie.
Prepared for: Crosspoitit Associates,Inn.
Dated: October 2
c: Enghieer
Attorney
Applicant :.:. .
Abutters
Town Clerk
1
