HomeMy WebLinkAbout2019-06-04 Decision Site Plan Review Enterprise Bank i
,. .• Town of North Andover
Office of the Planning Department
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Community Development Division
120 Main Street 2019 JUN —5 PM 12- 38
North Andover,Massachusetts 01845
TOWN V
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NOTICE OF DECISION
SITE PLAN REVIEW This Is to wutty that tx�ertty(20)daYs
have elapses from date of dfidsim,filed
wlihoutKnq of an appe
Any appeal shall be filed gate,^ al.71114 1,201q
within(20)days after the Town Clork thaw _
date of filing this notice in
the office of the Town Clerk.
Date: dune 4,2019
Date of Hearings:April 16,2019,May 21,
2019,June 4,2019
Date of Decision: June 4,2019
Petition oh Enterprise Bank
222 Merrimack Street
Lowell,MA 01852
P,k 15920 Pia'3- a A.6 4.79
Premises Affected: 247 Chickering Road 13-1 16—2 s_r 19 a O 3 r 3 4•rr
North Andover,MA 01845 ,F, t4 v r-t h 1F2 i r
Assessors Map 46,Lot 4.
Referring to the above petition for a Site Plan Review Special Permit from the requirements of the North
Andover Zoning Bylaw,Article 8,Part 3 Sections 195-8.10-8.17, 195-10.7 and MGL C40A, Sec 9.
So as to allow for the construction of a 3,250 sq.ft. bank branch office with a drive-up window with
associated landscaping, parking spaces, stormwater management facilities, signage and other
improvements located on 24,952+/-sq.A of land on a cuiTently developed parcel. The property is located
in the General Business(GB)zoning district.-
After a public hearing, given on the above date, and upon a motion by J. Simons and 2nd by A. Preston to
APPROVE the Site Plan Review Special Permit as amended and based upon the following conditions.The
vote was 4—0 in favor of the application.
On behalf the North Andover Planning Board
Eitan Goldberg, Chairman
Peter Boynton
Lori Crane
Aaron Preston
John Simons
tlT'I'lt;T, . .
A True Copy
Bk 15920 Pg216 #16479
247 Chickering Road(Map 46 Lot 4)
Site flan Review Special permit
June 4,2019
Page 2 of 8
The Planning Board herein APPROVES the Site Plan Review Special Permit so as to allow the
construction of a 3,250 sq.ft. bank branch office with a drive-up window with associated landscaping,
parking spaces, stormwater management facilities, signage and other improvements located on 24,952+/-
sq. ft. of land on a currently developed parcel. The property is located in the General Business (GB)
zoning district. The Site is located at 247 Chickering Road, Map 46, Lot 4, This Special Permit was
requested by Enterprise Bank, 222 Merrimack Street, Lowell, MA 01852. The applications were filed
with the Planning Board on March 15,2019. The Applicant submitted complete applications,which were
noticed and reviewed in accordance with Section 195-8.10 - 817, 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 4-0)to grant the Site Plan Review Special Permit
A special permit issued by the Planning Board,as special permit granting authority,requires a vote of at least
four menibers of a five-membor board.
The Applicant is hereby notified that should the Applicant disagree with this decision,the Applicant has the right,under
MCst Chapter 40A,Section 17,to appeal this decision within twenty days alter 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
8, fart 3 Site Plan Review and Section 195-10.7,the Planning Board snakes the finding that the intent of the
Bylaw,as well as its specific criteria,are met. This decision specifically stated by the Planning Board makes
the following MDINGS OF PACT:
1. The specific Site is an appropriate location for such a use,structure or condition. The Site is
zoned for General Business which allows for banks. The proposed Project is a result of
discussions with the planning Board,Planning Staff and outside consultants with respect to
parking,queuing, site design,landscaping and stormwater management. The resulting proposal
provides adequate parking and traffic queuing.
2. The use as developed will not adversely affect the neighborhood character. The Project provides
appropriate building, landscaping and screening and the proposed building and use are set back
from the adjacent properties. The character of the architectural style of the proposed new
building will improve the aesthetic character in the area and will complement the architectural
style of adjacent existing building located along Chickering road.
3. The Zoning Board of Appeals granted variances per Table 2(Demensional Requirements)of the
for required lot areas(48 sq,ft.relief), Side setback(5 ft. relief),Rear set back(3 ft relief),
landscape side setback(9 ft.relief)Landscape rear setback(9 ft. relief)on April 9,2019.
4. There will be no nuisance or serious hazard to vehicles or pedestrians.Driveways have been
located to provide for the best available sight distance along Chickering Road. Site improvements
have been designed to maximize on-site and off-site safety.
5. According to the Traffic Study Submitted by N DM Transportaton Consultants,Inc.:
a. The Project is expected to generate 31 vehicle trips(18 entering and 13 exiting)during
the weekday morning peak hour, 66 vehicle trips(33 entering and 33 exiting) during the
weekday evening peak hour and 86 vehicle trips(44 entering and 42 exiting)during the
Bk 15920 Pg217 #16479
247 Checkering Road(Map 46 Lot 4)
Site Plan Review Special permit
June 4,2019
Page 3 of 8
Saturday midday peak hour. The maximum queue at the drive-thru is expected to be
approximately 3 vehicles for the Bank.
b. Access/egress to the Site is proposed to remain via two existing curb cuts along
Checkering Road;the southern driveway will remain an enter-only driveway and the
northern driveway will remain an exit-only driveway.
6. The proposed Project provides a total of 20 parking spaces(6.2 spaces per ksf GFA)where 18
parking spaces, including I ADA van parking space is required in accordance with Section 195-
8.4"Off-street parking requirements."
7. 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. Stormwater management facilities will provide
adequate treatment of stormwater in accordance with applicable requirements.
8. 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.
9. 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 D13P
Stormwater Handbook, and has been reviewed by the Town's outside consulting engineer,
Horsley Witten. The proposed runoff from the impervious areas of the Site will continue to be
drained through a closed drainage system to Chickering Road. The Project's permanent
stormwater measures include a First Defense High Capacity proprietary separator and a roof
infiltration 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 and Maintenance Plan(See correspondence from Horsley Witten dated March 28 and
May 1,2019 and correspondence from MI-IF Design Consultants;Inc. Dated April 24,2019).
10. The Project, as designed,will utilize Low Impact Development(LID) best management practices
(BMPs)including two(2)Filterra tree box filters.
11. The Plan reflects extensive discussion and review with TEC, Inc., the Town's civil peer review
consultant and meets the requirements of the Town as stated in Part 3 Site flan Review. (See
Memos from TEC dated March 29,2019 and from MHP Design Consultants, Inc. dated April 24,
2019).
12. There will be no nuisance or serious hazard to vehicles or pedestrians.
13. The Applicant has provided an architectural elevation plan and a landscape plan (dated March 13,
2019). The architectural features and landscape design has been approved as consistent with the
surrounding area.
14. The Project is under review by the North Andover Conservation Commission as a portion of the
Project falls within the 100 foot buffer of an adjacent wetland resource area.
15. The Project has been reviewed by the North Andover Fire Department. A Knox box will be
installed per Chapter 69,North Andover Fire Alarm By-Laws, during construction, a construction
site plan, meeting the requirements set forth in 527 MCR Ch 16, as well as the applicable edition
Bk 15920 Pg218 #16479
247 Chickering Road(Map 46 Lot 4)
Site Plan Review Special permit
June 4,2019
Page 4 of 8
of NFPA 241, will be implemented, in accordance with applicable codes and regulations, a fire
alarm system shall be installed(see email from Lt.Mike Beirne dated March 21,2019).
16. The Project has been reviewed by the North Andover Health Department and thoxe are no
concerns(see email from Brian LaG-rasse dated March 29,2019).
17. The Project has been reviewed by the Department of Public Works. The demolition of the
existing building requires the termination of water and sewer services where they meet the
Town's main lines in Chickering Road. Excavation requires a permit from MassDOT. Adequate
and appropriate facilities will be provided for the proper operation of the proposed use. The
Project will provide Town water, sewer, and utilities on the property to adequately address the
needs of the Project. (see email from Peter Ellison dated March 27,2019).
Finally, the Planning Board finds that this Project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 195-8.14,as well as Part 3 Site Plan Review, 195-10.7. The
Planning Board hereby grants an approval to the Applicant provided the following conditions are met:
PERIvfl~b>CFM') IONS:
18. The"Locus"refers to the 24,952 sq. ft. a parcel of land with land fronting on Chickering Road as
shown on Assessors Map 46, lot 4,and also known as 247 Chickering Road,North Andover,
Massachusetts.
19. The"flans"refer to the plans prepared by MI.11*Design Consultants,Inc. dated March 13,2019,
Revised to April 15,2019 entitled"Site Re-Development Plans for Assessors Map 46 Lot 4"and
consisting of sheets 1-11,Lighting plan(1 of 1),Truck Turn Plan(1 of I)and Building Elevations
(1 of 1).
20. The"Project" or"247 Chickering Road"refers to the construction of a 3,250 sq.ft.bank branch
office with a drive-up window with associated landscaping,parking spaces, stormwater
management facilities,signage and other improvements located on approximately 24,952 +/-sq.
fr of land on a currently developed parcel.The property is located in the General Business(GB)
zoning district.
21. The"Applicant"refers to Enterprise Bank,222 Merrimack Street,Lowell,Ma 01852, the
Applicant for the Special Permit,its successors and assigns.
22. 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 CONAPMONS:
23. Any information required and submitted to any agency of the Commonwealth, shall be Bled with
the Planning Department.
24. The Applicant must supply a copy of the approved MassDOT permits necessary for access,
excavation and construction of the Site to the Planning Department. In the event MassDOT requires
a material change (as deemed by the Planning Director) in the access and/egress or other details
depicted on the Plan dated March 17, 2019 Revised to April 15, 2019, the Applicant shall submit
Bk 15920 Pg219 #16479
247 Chickering Road(Map 46 Lot 4)
Site plan Review Special permit
June 4,2019
Page S of 8
revised plans to be reviewed in accordance with the process described in Section 195-8.17(Revisions
to Approved Site Plans).
25. 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.
26. All light fixtures will be turned off at 10:00 pm, except for the under-canopy lighting at the drive-
thru ATM machine.
27. The Town )Tanner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a Public Hearing and modification to the Special
Permit by the Planning Board,
PRIOR TO THE ENDORSEMENT OF THE PLANS
28. The Applicant will provide copies of all Decisions, Notification, and Orders of Conditions from
the North Andover Conservation Commission.
PRIOR`1E'O ISSUANCE OF SITE WORK,BUILDING PERMIT,OR CONSTRUCTION
29. Two (2) copies of the signed, recorded decision and with endorsed plans attached must be
delivered to the Planning Department.
30. 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.
31. 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 fora' (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 Platming
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.
32. 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 Chickering Road. 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.
33. A bond in the amount of ten thousand dollars ($1.0,000,00) shall be posted for the purpose of
insuring that the Site is constructed in accordance with the approved plan and that a final as-built
plan is provided, showing the location of all on-site structures(Site utilities,structures, curb cuts,
I
I
Bk 15920 Pg220 #16479
247 Chickering Road(Map 46 Lot 4)
Site Plan Review Special permit
June 4,2019
Page 6 of 8
parking spaces and drainage facilities, including invert elevations of all stormwater structures).
This bond shall be in a form acceptable by statute,
34. All erosion control measures as shown on the flan must be in place and reviewed by the Town
Planner and Conservation Department,
35. Yellow"Caution"tape must be placed along with the limit of clearing and grading as shown on the
Plan, The Planning Staff must be contacted prior to any cutting and or clearing on site.
36. A pre-construction meeting must be held with the developer,their construction employees,Planning
Department and Conservation Department(and other applicable departments)to discuss scheduling
of inspections to be conducted on the Project and the construction schedule.
37. The Applicant must supply a copy of the approved MassDOT permits necessary for access,
excavation and construction of the Site to the Planning Department.
DURING CONSTRUCTION
38. 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.
39. 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.
40. 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 PIanning
Board making a finding that the Project is not in compliance with the Plan;provided,however,that
the Planning Board shall give the developer written notice of any such finding and seven days to cure
said condition,
(PRIOR TO A CERT)TIC.A,TE OF OCCUPANCY
41, The Applicant must submit a letter from the architect and engineer of the project stating that the
building, landscaping, lighting and site layout substantially comply with the plans 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..
42. The Planning Staff shall review the Site. Any changes to the approved lighting plan as may be
reasonably required by the Planning Staff shall be made at the Owner's expense.
43. 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 Project.
Bk 15920 Pg221 #16479
247 Chickeriug Road(Map 46 Lot 4)
Site Plan Review Special permit
June 4,2019
Page 7 of 8
44. All signage shall conform to the sigaage regulations contained within the North Andover Zoning
Bylaw, Article 6 Sign and Sign Lighting Regulations, unless a Variance is issued by the North
Andover Zoning Board of Appeals.
45. The owner shall apply to the Board of Health for the appropriate dumpster permit.
46. The Planning Staff shall review the Site. If weather conditions do not permit the completion of the
landscaping prior to the use of the building, 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. Plant selection and landscaping within the wetlands buffer zone shall be in compliance
with the final wetlands Order of Conditions issued for the Project
PRIOR TO THE RELEASE OF T E PERFORMANCE BOND
47. The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including stormwater structures and other pertinent
site features.This as-built plan shall be submitted to the Town Planner for approval and must be
provided in paper form as well as in SDF(Standard Digital File)format.
48. The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan,
GENERAL CONDITIONS
49. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
50. 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 companies.
51. 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_
52. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
53. 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.
54. 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.
55. Pursuant to the North Andover Zoning Bylaw Section 195-8.8.D.(7) this Site Plan Review
Special Permit shall be deemed to have lapsed after June 4, 2021 (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.
56. The following information shall be deemed part of the decision:
Bk 15920 Pg222 #16479
247 Chickering Road(Map 46 Lot 4)
Site plan Review Special permit
June 4,2019
Page 8 of 8
Plan titled: Site Re-Development flans for Assessors Map 46 Lot 4
247 Chickering Road
North Andover,Massachusetts 01845
Prepared for: Enterprise Bank
222 Merrimack Street
Lowell,MA 01852
Prepared by: NW Design Consultants,Inc.
444 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=20'
Date: March 13,2019,Revised to April 15,2019
Sheets: 1-11,Lighting flan,Truck Turn Plan,Building Elevations
Report; Storm Water Management Report
Prepared for: Enterprise Bank
Prepared by: MW Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Date: March 13,2019,Revised to April 24,2019
Report: Operation&Maintenance flan
Date: March 13,2019,Revised to May 13,2019
Prepared by: Mp1F Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03079
Report: Traffic Impact Memorandum
Prepared for: Enterprise Bank
222 Merrimack Street
Lowell,MA 01852
Prepared by: MDM Transportation Consultants,Inc.
Date: 28 Lord Road,Suite 280
Marlborough,MA 01752