HomeMy WebLinkAbout2019-06-04 Insubstantial Change (12-19-19) • . :• Town o &A►ndmiarr-tu, ;< r-
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Office of the Planning Department,,._,:,
Community Development DivWb 14 e,I r: : L'
120 Main Street
North Andover, MassachusettI �"r } 9 �11 2: r
NOTICE OF DECISION(INSUBSTANTIAL C-El'AM-E)
Date of Decision: becember 19, 2019
-1-his is to certify that twenty(20)days
Petition of: Enter rise Bank have elapsed from date of decisidn
P without filing of an ap al
222 Merrimack Street ))&X D�
Lowell,MA.01852 L-a'
hyt$om fawn,Glerk Jul
Premises Affected, .247 Chickering Road
North Andover,MA 01.845 ,
BACKGROUND `
On June 4,2019 the Planning Board approved a Site flan Review Special Permit(Special Permit) 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 24,452+/-sq, ft. of land on a currently developed parcel. The property is located in the General
Business(GB)zoning district. On September 24,2019,the Petitioner requested an Insubstantial Change
determination so as to allow for the following modifications:
• Modify Condition 37 of the Notice of Decision Site flan Review Special Permit dated June 4,
2019 to allow for demolition of the existing building and installation of the proposed building
foundation prior to submission of an approved Category I Vehicular Access Permit for proposed
modification to existing driveways serving the subject property; a Mon-Vehicular Access Permit
for the purpose of constructing a water service connection and a sewer service connection to the
subject property within the State Highway Layout; and a Drainage Access Permit for the purpose
of constructing a drainage connection within the State Highway Layout to MaSsDOT's proposed
drainage system.
On October 1, 2019 the Planning Board approved the Insubstantial Change requested with specific
findings and conditions as detailed in Notice of Decision (Insubstantial Change), dated October 1, 2019
(attached hereto).
On November 19,2019 the Petitioner requested a revision to the Insubstantial Change document that the
Planning Board approved on October 1,2019 which Conditions that the Insubstantial Change approval is
applicable only to a demolition permit and a foundation permit. Specifically, Enterprise Bank would like
the Board to waive the requirement for MassDot approval prior to obtaining a building permit as specified
in Condition#37 of the Notice of Decision Site Plan Review Special Permit dated .Tune 4,2019.
FINDINGS OF FACTS
The letter to Enterprise Bank from Daniel J. Mills, P.) ., PTOE, Principal, MDM Transportation
Consultants,Inc.,dated November 25,2019,RE: Proposed Enterprise Bank, 247 Chickering Road (Route
125/133),North Andover,MA 01845 details the status of the requirements and anticipated timelines for
Non-Vehicular and Category I Vehicular Access Permits from MassDOT and provides certification from
a Professional Engineer that the information in the letter is true and correct,after due inquiry.
ATTEST:
A.'h'Itie Capy
.tsx 1bl49 PgL1 ffn4l
Insubstantial Change
242 Chickering Road
December 19, 2019
Page 2 of 2
This request for an insubstantial Change was listed as an agenda item on the December 17,2019 PIanning
Board meeting; however, the meeting was cancelled due to weather conditions.
The Planning Director had a discussion with the Planning Board Chair, Eita n Goldberg,on December 18,
2019 and the two assessed that this request was in fact an insubstantial change to the approved Notice of
Decision dated June 4,2019, as all Brisk of construction prior to the appropriate MassDot permits was on
the Petitioner.
CONDITIONS
The Petitioner shall comply with all existing conditions rendered in the Site Plan Review Special issued
June 4,2619.
Allowing the Petitioner to apply for a building permit does not waive the requirement of obtaining the
necessary MassDOT permits.
The Petitioner accepts all risk of obtaining a building permit and beginning construction of the proposed
bank prior to MassDot granting the Non-Vehicular and Category I Vehicular Access Permits
Letter dated November 25, 2019 from Daniel J.Mills, P.E., PTOE,Principal, MDM Transportation
Consultants, Inc, is considered an attachment to this Notice of Decision.
This Notice of Decision(Insubstantial Change)along with the Notice of Decision (Insubstantial Change)
dated October 1,2019 shall be recorded at the North Essex Registry of Deeds and a recorded copy sha I I
be submitted to the Planning Department prior to issuance of a building permit.
Jorth
an Enright, lanning Director
On Behalf of Andover Planning Board
BX lbl49 PgZZ -Vb4-/
AR
nineering(i)astgn Manning construction 1w1e3nagemern
November 1.9,2019
North Andover Planning Board
Town of Borth Andover
12-0 Main Street
North Andover,MA 01845
Attn. Ms. Monica Gregoire,Staff Planner
Re: Request to Revise Insubstantial Change Document
247 Chickering Road
Enterprise bank
Dear Members of the North Andover Planning Board,
Greenman-Pedersen, Inc. (GPI) on behalf of our client, Enterprise Bank, hereby requests a revision to the Insubstantial
Change document that this Board approved on October 1, 2019. Specifically, Enterprise Bank would like the Board to
waive the requirement for DOT approval prior to obtaining a building permit.
Based on the Insubstantial Change that was approved,the existing building has been demolished and foundation work is
scheduled to commence shortly. Once the foundation is complete Enterprise Bank would like to proceed with building
construction plus, weather permitting, site and utility work with the exception of drainage construction, which will wait
until the DOT permit is issued.
The traffic engineer for this project, MDM Transportation Consultants, Inc., has been working closely with MassDOT and
has now submitted the permit applications. MDM has informed us that the MasSDOT review process typically takes two
to three months, which lines up fine with the fact that at this point no work can be done in the State right-of-way until
April 15, 2020 but creates a problem in terms of being able to move forward with building construction based on the
current approval from the Planning Board. Included with this request is an updated Engineer's Certification from MDM
offering more specific information regarding where we are In the DOT permit process.
We thank you in advance for your consideration of this request. If you have any questions or need additional information,
please feet free to contact me at 603-893-0720 extension 40 or by email to djordan@gpinet.com.
Sincerely,
Greenman-Pe ersen, Inc.
David R.Jordan, P.E., P.L.S., LEEwD AP
Senior Project Manager
Cc: Luke 0ouchard,Enterprise Bank
Greenman-Pedersen,Inc. 44 Stites Road,Suite One Sa€em.NH 03079 p 603-893-0720
An l=quat Opportunfty Employer
TRAFFIC ENGINEER'S CERTIFICATE
To: Enterprise Bank
Re: Proposed Enterprise Bank,247 Chickering Road(Route 125/1 33)
North Andover,Massachusetts
Dated; November 25, 2019
The undersigned, Robert S. Michaud, P.E. of MDM Transportation Consultants, Inc.,
understands that Enterprise Bank is pursuing construction of a new bank branch an land located at
247 Chickering Road in.North Andover, MA(the "Project"), This Engineers Certificate is issued
to outline requirements and anticipated timelines for Non-Vehicular and Category I Vehicular
Access Permits from.MassDOT.
The entire Project consists of demolition of the existing commercial building on the subject
property and construction of a new 3,250 sf Enterprise Bank branch with dual drive-through lanes
and approximately 21 surface parking spaces. The subject property borders Chickering Road
(Route 125/133), a State Highway under the jurisdiction of the Massachusetts Department of
Transportation(MassDOT). Access/egress to the Site is proposed to remain via two existing curb
cuts along Chickering Road; the southern driveway will remain an enter-only driveway and the
northern driveway will remain an exit-only driveway. These driveways will be modified for
conformance with current MassDOT commercial driveways standards and for consistency with
planned roadway improvements by MassDOT along the Chickering Road corridor,
The undersigned hereby states as follows,based on its professional and personal
knowledge and belief:
1, The Project will require Access Permits under M.G.L. Ch. 81, Section 21, as
amended, MassDOT regulations. Specifically, these include a Category l
Vehicular Access Permit for proposed modification to existing driveways serving
the subject property; a Non-Vehicular Access Permit for the purpose of
constructing a water service connection and a sewer service connection to the
subject property within the State Highway Layout; and a Drainage Access Permit
for purpose of constructing a drainage connection within the State Highway Layout
to MassDOT's proposed drainage system,.
l
BX IbI49 PgG4 ffn4l
2. A. Category I Vehicular Access Permit Application was filed with MassDOT on
November 22, 2019 on behalf of Enterprise Bank. MassDOT has assigned #4-
2019-0543 to this perni t. Under this Category I Vehicle Access Permit application,
physical changes to the driveway intersections with Chickering Road are proposed
that are substantially consistent with the Approved Site Flans for the subject
property and with MassDOT's Chickering Load improvement project. MassDOT
is fully informed of the Project as discussed in meetings held at District 4 office on
March 25, 2019 and at a pre-construction meeting held at District 4 for the
Chickering Road improvement project on September 11, 2019. The Category I
Vehicular Access Peimit should issue in the normal course,which is anticipated to
occur in approximately 90 days of the application
3. A Non-Vehicular Access Permit Application was filed with MassDOT on
November 22, 2019 on behalf of Enterprise Bank. MassDOT has assigned #4-
2019-0544 to this permit. Under this Non-Vehicle Access Permit application, the
Site's drainage system is proposed to connect and discharge to the existing
MassDOT drainage system in compliance with MassDOT's Standard Operating
Procedure (S.O.P.) No. HMD-02-02-2-000 "Connection or Discharge to any
MasgDOT Drainage System", MassDOT is fully informed of the Project as
discussed in meetings held at District 4 office on March 25, 2019, at a pre-
construction meeting held at District 4 for the Chickering Road improvement
project on September 11, 2019, and through email correspondence with District 4
staff and MassDOT's project consultant,Fuss&O'Neill,Inc. Design changes have
been made since our initial discussions to address Fuss & O'Neill's concerns with
the initial drainage design. We anticipate that sufficient evidence is provided in the
Application to demonstrate that no practical alternative exists and that proposed
storm water features for the Site result in a reduction in peals runoff rates relative
to existing levels, increases on-site recharge rates from roof drains, improves on-
site water quality,and is subject to an operation and management plan. The Non-
Vehicular Access Permit should 'issue in the normal course,which is anticipated to
occur in approximately 90 days of the application,
4. I know of no reason why the above described Category I Vehicular Access Permit
would not be issued. I also know of no reason why the above described Non
Vehicular Access Permit would not be issued.
I hereby certify to Enterprise Bank that the above
information is true and correct, after due inquiry.
,__T_�"�
` 41�a
Name;Daniel J. MA I , P.E., PTOE
Title: Principal
MDM Transportation Consultants, Inc,
Date: (/ � 5
2
B.k 16149 Pg25 ffb4'/
Town of North Andover
Office of the Planning Depart t�r6E EIV D tc�
commttnity Development DIVlslo�'
120 Main Street Notth Andover,Massachusetts 01?A5'OCT _2 AlI 10� 52
NOTICY,OF DECISION QWSUBSTANT-UJ,,+��
Date of Decision: October 1,2019
f
Petition of., 1!.rrterpzzso BRUIC
222 KerAmack Street
Lowell,MA 01852
S
Premises Affected.- 247 Chiel(ering Road �
North Andover,MA 01845
BACKGROUND
On rune 4,2019 the Plaw&g Board approved a Site Plan Review Special Permit(Special permit)so as to
allow for the construction of a 3,250 sq.ft.bank branch office with a ddve�up window with associated
landscaping,parking spaces,stormwater management facilities,signage and other improvements located
on 294,952+/--sq. ft,of land on a currently developed parcel. The property is Iocated in the General
Business(0)3)zoning district. On September 24,2019,the.petitioner requested an Insubstantial Change
determination so as to allow for the following modifications:
• Modify Condition 37 of the Notice of Decision Site Plan Review Special Permit dated June 4,
2019 to allow for demolition of the existing building and installation of the proposed building
foundation prior to submission of an approved Category I'Vchicular Access Perxuit For proposed
modification to existing driveways serving the subject property; a Non-Vehicular Access Permit
for the purpose of constructing a water service connection and a sewer service connection to the
subj cot property within the State Highway Layout;and a Drainage Access Permit for the purpose
of constructing a drainage connection within the State Highway Layout to MaSSDOT's proposed
drainage system.
FINDINGS Or,!ACTS
The letter to Enterprisc Dank from Robert J.Michaud,]P.B.,Managing Principal,U DM Transportation
Consultants,Inc.letter dated September 23,2019,RE;Proposed Enterprise Bank,247 Chickering Road
(Route 125),North Andover,MA 01845 details the status of the requirements and anticipated timelines
for Non-Vehicular and Category I'V'ehicular Access Permits from,MassDOT and provides certification
from a Professional Engineer that the information in the letter is true and correct, after due inquhy.
i
After discussions at the October 1,2019 Plaw-dng Board mceting, and upon a motion by Peter Boynton,
seconded by Aaron Preston,the planning Board voted to approve the Tusubstantial Change request for
Ent .-prise Rank. The vote was 5-0, unanimous in favor.
1
CONDITIONS
The Petitioner shall comply with all existing conditions rendered in the Site Plan Review Special issued
Juno 4,2019.
The bond referenced in Condition 33 of the Notice of Decision Site Plan Review Special Permit dated
June 4,2019 shall be posted prior to the Issuance of Site Work,Demolition.permit,Foundation Permit or
Building Permit, i
j
Insubstantial Change
247 Cblokering Road
En uprise Bank
Wage 2 of 2
This hisubstantial Change approval is applicablo only to a demolition permit and a foundation permit.
Letter dated.September 23,2019 by Robert J.Michaud,P-E.,Managing Principal,MDM Transportation
Consultants,Inc.is considered an attachment to this Notice of Deaision.
,6,44
Jean Enright,Planning Director
On Behalf of the North Andover Planning Board
153-, .i n s.%-Z7 .egL I V D'a i
iL1JM TRANSPORTATION CONSULTANTS,INC.
'Jimnen&Rnj ine@i'S 5121i�ClI�RLS
Robert J.michat(d,rX.
TRA�F1tC EN(�IN ''U1�IS���.TIFICATE PTQS
To: Enterprise Bank ROBERT J �' s
WICHAUI! •; E
Re: Proposed Enterprise Bank,247 Chickering Road (Route 125) ciYlt
North Andover,Massachusetts
Dated., September 23,2019
i
E
The undersigned, Robert J. Michaud, P.E. of MDM Transportation onsuitants, Ina,,
understands that Enterprise Bank is pursuing construction of a new bank branch oir land located at
247 Chickering Road in.North Andover,MA.(the 'Project''). This Eixgineers Certificate is issued
to outline requirements aad anticipated timelines for Nora-Vehicular and Categoxy 1 Vebicular j
Access Permits from MassDOT.
The entire project consists of demolition of the existing commercial building on the subject
property and construction of a new 3,250 sfEnterprise Bank branch with dual drive-through lanes
and approximately 21 surface parking spaces. The subject property borders Chickeriiig Road
(Route 125), a State Highway under the jurisdiction of the Massachusetts Departinent of
Transportation(MassDOT). Acccsslegress to the Site is proposed to remain via twb existing curb
cuts along Chickering Road; the southern drivoway will romain an enter only driveway and the
northern driveway will remain an, exit-only driveway. These driveways will be modified for
confaimance with current MassDOT cozmnerelal driveways standards and for consistency with
planned roadway improvements by MassDOT along the Chickering Road corridor.
The undersigned hereby states as follows, based on its professional and personal
knowledge and belief:
I. The Project will require Access Poxmits under M.G1. Ch. 81, Section-21, as
amended, MassDOT regulations. Specifically, these; include a Category ,t
Vehicular.A.Gcess Permit for proposed modification to existing driveways serving
the subject property; a Non Vehioular Access Permit for the purpose of I
constructing a water service comcction and a sewer sexvice connection to the
subject property within the.Statb Highway Layout; and a Drainage Access Permit
for purpose of constmoting a draixiage connootion within the Stato Highway Layout
to MasSDOT's proposed drainage system..
i
I
i
i
i
28 Lord road,Sulte 280 Marlborough,Massachusetts 01752
Phone(508)303-0$70•lax(508)303-0371 •www.mctmtt-aias.com
J3.K 16149 pgz ti Ir b 4-f
2. A Category I Vehicular Access Penult will be filed with MassDOT on behalf of
Enterprise Bank within the next 15 business days. Under this Category I VcWGR.,
Access Permit application, physical changes to the driveway intersections with
Chickening Road are proposed that are substat3.tlally consistent with.the Approved
Site Plans for the subject property and that are consistent with MassDOT's
Chickering Road improvementproject, MassDOT is fully informed of the Project
as discussed in meetings held at District 4 office on March 25,2019 and at a pre-
constitrotion meeting 'held at District 4 for the Chickering Road Improvement
project one September 11, 2019. The Category I Vehicular Access Permit should
issue in the normal course, which is anticipated to occur within approximately 90
days of initial application.
3. MDM Transportation Consultants,Inc.has conducted a pre-filing consultation with
MassDOT District 4 staff on March 25, 2019 and September 11., 2019 in
preparation. for a Catega;y I Vehicular Access Permit filing. Dearing this
consultation, a detailed discussion of Permit requirements relative to the Category
I Vehicular Access Permit ensued including compliance with MassDOT's Standard
Operating Procedure(S,O.P)No,HMD-02-02-2-000"Connection or Discharge to
any MassDOT Drainage System". Provisions under this S.O,P, cite the need for a
Non-Vehicii1ar Access Permit for purposes of connecting the Site to the MassDOT
drainage system, and which selves as a prerequisite to issuance. of a Category I
Vehicular Access Permit. MassDOT S.O.P No. 14MD-02-02-2-000 specifically
states"As defined In 720 CMR 13.00 and MassDOT's S.O.P,No.HMD-60-02..3..
000, any conuection to or discharge to any MassDOT drainage system (in cases
where it can be shown that no practical alternative exists),requires the issuance of
a Non--vehicular Access Pen-nit." Upon xeview of the Site Plans and associated
drainage mitigation summary prepared by CPI and dated August 16, 2019
(submitted herewith)and as discussed with MasSDOT.Distriot 4 staff oa September
11, 2019 we anticipate that sufficient evidence is provided in the Application to
demonstrate that"no practical alternative exists"for this drainage conneation, The
GPI drainage mitigation summary indicates that storm water features for the Site
result in a reduction in peak runoff xates relative to existing levels,increases on-site
recharge rates from roof drains,improves on site water duality,and is subject to an
operation and management plan,
4. MDM will concurrently file the requisite Noa-VeNoLilat Access Permit
Applications for the proposed drainage.connection to MassDOT's Chickering Road
system and proposed water/sewer connections and anticipates the,Non-Vehicular
and Category I Vehicular Access Permit will issue in the normal course,which is
anticipated to occur witbin approximately 90 days of initial application,
5, 1 know of no reason why the above described Category I Vehicular Access Permit
would not be issued. I also know of fro reason why the above described Non-
Vebitular Access Permit would not be issued.
2 MD„.,
Bk 16149 Pg29 #547
I hereby certify to Enterprise B9 WTH6—abr e
information is ituo and cormc aft -dme!nqiAiry,
Name:Robert S. Michaud,P.R.
Title: Managing Principal
MDM Transportation Consultanfs,hie,
Date:
3
MDM
f
BX 16149 Pg3U -Vb4'/
� . t;ngineering Paslgn Plann[ng Construotton Management
August 16, 2019
Robert J,Michaud,P.E.
MDM Transportation Consultants,lnc,
28 Lord Road, Suite 280
Marlborough, MA 01762
Re. Dnr tnage Mitigation Summary
Proposed Enterprise Bank
247 Chickering Road
North Andover,MIA
Dear Bob;
On behalf of our client;, Enterprise Bank the following)Information Is provided in response to the request by
MassDOT District regarding the stormwater mitigation proposed forthe above referenced project,
The existing parcel of land Is 24,962-sf In size, fully devoloped with paved parking areas and currently
ocaupted by the Bulger Animal Hospital. The site is bounded by Chickering Road (Route 126)to the west,the
99's restaurant and parking lot to the north and east and wooded land and wetlands to the south. No stormwater
controls currently exist onslte,all runoff drains as sheet and shallow concentrated flow to the Chickarng Road
closed drainage system.
Enterprise Bank is proposing to construct a S,250-sf single story bank building with drive-up eervines and a
parking lot with 20 spaces. The redevelopment of this site will result In a decrease In impervious cover,from
87.3% existing to 68.6% proposed. In accordance with troth Towns and Mate requirements, an on-site
stormwater rnanagementsystem was designed to treat the stormwater runoff and mitigate the post-development
peak rate and volume of runoff,
A standard closed drainage system consisting of deep sump, hooded catoh basins nonnWing to a First
Defense hydrodynarnio separator is proposed within the northern portion of the site to collect runoff from the
parking lot,and drive-up lanes.This system is designed to capture and pretreat runoff prior to discharge Into the
Chickering Road closed plrainage system. Along the southern portion of the site,two I=ilterra tree box filters are
proposed to collect and treat the runoff from the remaining parking lot areas. In front of the building, an
underground roof tnftltration system consisting of arch chambers will provide groundwater recharge of the
rooftop runoff.
Prior to the design of the onsite stormwater system, test pits were performed to determine the depth to
seasonal high water and soil conditions, based an the results of the testpits along with the proposed site grades
and available space around the site,the only feasible location for groundwater recharge is In front of the building.
Where the existing grade rises towards the back of the property, We cannot resat the groundwater separation
required for stormwater infiltration practices,
A Stormwater Management Report was prepared(copy attached) and includes a pre-and post,developi7rent
drainage analysis. The results of that analysis indicate that for the 2, 10 and 100 year storms there will be a
decrease in the peak rate of runoff going to the Chickering Road closed drainage i ystem-
Greenland-pudersen,Inc. qb Slltes Road,Suite One Sateen,NH 03079 p 603-e93.0720
An i-qudi opportunity Employer
Bk 16149 Pg31 #b4'1
DuMnage Mitigation Summary
Enterpr1se Barlk, 247 Chlokering Road
North Andover,MA
August 16,2019
Page 2
Design Storm Pre-Development Post-Devolopmant Change
—(PD k runoff rato), (peak runoff rate
ESIGN PPINT 91 (ChIckering-Rd!Rouie 126)
2� ear 2.1
I O-Year 3 A
100-year. 6.5 &A -0.4
(All values utiown are pack rates In OFS,cublo feat per second)
In addition, by reducing the on-site Impervious cover and providing groundwater recharge of the roof'runoff,
there Will also be a reduction In the volume of runoff leaving the site.
DOW_qn storm Pre-D-dvolopment Post-Development Changu
(runoff volume) (runoff volume)
2- ear 6,809 6,962 -B 47 0 L/6)
10-y,gar 11277 10,280 -98((9%t)..
I 00year 22,269 21,133 1136
(All values shown are peak rates In C F,cubic feet)
As requested by MassDOT, alternative drainage dischargeftle-In locations Weria Investigated. Site,grades
make discharge to the wooded area to tho south of the site infeasible,plus,this is within close proximity to a
Wetland. There is a closed drainage system within the 99 Restaurant parking lot however,-a connection to that
system was deemed Infeasible. Representatives of the 99 expressed concerns to Enterprise Bank overthe age
of theirzy-stem(approximately 23-yrs old),belief that there is no available udd!Vonar capacity to handle additional
runoff from the Enterprise Bank development, and the fact that the 99 parking lot was just paved for the-13r,9t
time In 25 years,
In summary, we bellow that based on the Inability to connect to the 99 RestauranVs drainage system, the
limited capaaltyto provide onsitestorrnwaterreaharge,the8ignifloant Improvernentto the onsite drainage design
through the RMP's ihat have been implemented, and the reduction In peak rate and volume of runoff to the
Chickering Road drainage system, that all steps that could be,Wken, have been taken to millgate the impact
that the stormwater runoff will have on the MassDOT drainage system.
Sincerely,
Greauman-Pedersen,Inc,
David R.Jordan,P.E.,P1.8.,LEED AP
Senior Project Manager
Bk 16149 P:u20 -"W-!547
�M . . :'• Town oMdlbfn d >r--h R s-.:u i sF,t r-�Ij
Office of the Planning Department,,-_,,.,
Community Development Divlsiom l f r': .
120 Main Street
North Andover, MassachusettIOMWr 19 �11' ; 0,n
NOTICE OF DECISION(INSUBSTANTIAL CHANGE)
Date of Decision: beeember 19, 2019
This is to certify that twenty(20)days
have elapsed from date of decislon
Petition of- Enterprise Bank without filing of an a pe?l
222 Merrimack Street � � �
Lowell,MA 01852
fit Town Clerk
Premises Affected: 247 Chickering Road
North Andover,MA 01.845
BACKGROUND
On June 4,2019 the Planning Board approved a Site Plan Review Special Permit(Special Permit) so'as to''
allow for the construction of a 3,250 sq.' t, 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. On September 24,2019,the Petitioner requested an Insubstantial Change
determination so as to allow for the following modifications:
• Modify Condition 37 of the Notice of Decision Site Plan Review Special Permit dated June 4,
2019 to allow for demolition of the existing building and installation of the proposed building
foundation prior to submission of an approved Category I Vehicular Access Permit for proposed
modification to existing driveways serving the subject property;a Non-Vehicular Access Permit
for the purpose of constructing a water service connection and a sewer service connection to the
subject property within the State Highway Layout; and a Drainage Access Permit for the purpose
of constructing a drainage connection within the State Highway Layout to MassDOT's proposed
drainage system.
On October 1,2019 the Planning Board approved the Insubstantial Change requested with specific
findings and conditions as detailed in Notice of Decision (Insubstantial Change), dated October 1, 2019
(attached hereto).
On November 19, 2019 the Petitioner requested a revision to the Insubstantial Change document that the
Planning Board approved on October 1,20I9 which Conditions that the Insubstantial Change approval is
applicable only to a demolition permit and a foundation permit. Specifically, Enterprise Bank would like
the Board to waive the requirement for MassDot approval prior to obtaining a building permit as specified
in Condition#37 of the Notice of Decision Site Plan Review Special Permit dated.Tune 4,2019.
FINDINGS Off'FACTS
The letter to Enterprise Bank from Daniel J. Mills, P.E., PTOE, Principal, MDM Transportation
Consultants, Inc., dated November 25,2019, RE: Proposed Enterprise Bank, 247 Chickering Road (Route
125/133),North Andover,MA 01845 details the status of the requirements and anticipated#imelines for
Non-Vehicular and Category I Vehicular Access Permits from MassDOT and provides certification from
a Professional Engineer that the information in the letter is true and correct, after due inquiry.
ATTEST:
ATrue Copy
C1Pr
1nkg4v t-Town � r�
.bK 1 b 14�1 Ygz 1 fP n 4 1
Insubstantial Change
242 Chickering Road
Deceiiiber 19, 2019
Page 2 of 2
This request for an Insubstantial Change was listed as an agenda item on the December 17,2019 Planning
Board meeting; however,the meeting was cancelled drie to weather conditions.
The Planning Director had a discussion with the Planning Board Chair, Eitan Goldberg,on December 18,
2019 and the two assessed that this request was in fact an insubstantial change to the approved Notice of
Decision dated June 4,2019, as all risk of construction prior to the appropriate Massbot permits was on
the Petitioner.
CONDITIONS
The Petitioner shall comply with all existing conditions rendered in the Site Plan Review Special issued
June 4,2019.
Allowing the Petitioner to apply for a building permit does not waive the requirement of obtaining the
necessary MassDOT permits.
The Petitioner accepts all risk of obtaining a building permit and beginning construction of the proposed
bank prior to MassDot granting the Non-Vehicular and Category 1 Vehicular Access Permits
Letter dated November 25, 2019 from Daniel J.Mills, P.E,, PTOE,Principal, MDM Transportation
Consultants, Inc, is considered an attachment to this Notice of Decision.
This Notice of Decision (Insubstantial Change) along with the Notice of Decision (Insubstantial Change)
dated October 1,2019 shall be recorded at the North Essex Registry of Deeds and a recorded copy shal I
be submitted to the Planning Department prior to issuance of a building permit.
can Enright, lanning Director
On Behalfofth orth Andover Planning Board
.tax 16149 PgZZ ffn4'1
GPI11 f.T.e.ff
L�7rA.S9C.1ahAYSw Y¢.
.sue
�%r.�._.n Engineering I Design Planning Construrtion Managemem
November 19,2019
North Andover Planning Board
Town of North Andover
120 Main Street
North Andover, MA 01845
Attn. Ms. Monica Gregoire,Staff Planner -
Re: Request to Revise Insubstantial Change Document
247 Chickering Road
Enterprise bank.
Dear Members of the North Andover Planning Board,
Greenman-Pedersen, Inc. {GPQ on behalf of our client, Enterprise Bank, hereby requests a revision to the Insubstantial
Change document that this Board approved on October 1, 2019. Specifically, Enterprise Bank would like the Board to
waive the requirement for DDT approval prior to obtaining a building permit.
Based on the Insubstantial Change that was approved,the existing building has been demolished and foundation work is
scheduled to commence shortly. Once the foundation is complete Enterprise Bank would like to proceed with building
construction plus, weather permitting,site and utility work with the exception of drainage construction, which will wait
until the DDT permit is issued.
The traffic engineer for this project, MDM Transportation Consultants, Inc., has.been working closely with MassDOT and
has now submitted the permit applications, MDM has informed us that the MassOOT review process typically takes two
to three months, which lines up fine with the fact that at this point no work can be done in the State right-of-way until
April 15, 202D but creates a problem in terms of being able to move forward with building construction based on the
current approval from the Planning Board_ included with this request is an updated Engineer's Certification from MDM
offering more specific information regarding where we are in the DOT permit process.
We thank you in advance for your consideration of this request. If you have any questions or need additional information,
please feel free to contact me at 603-893-0720 extension 40 or by email to djordan@gpinet.com.
Sincerely,
Greenman-Pe ersen,Inc.
David R.Jordan, P.E., P.L.S., LEEDAP
Senior Project Manager
Cc: Luke Bouchard, Enterprise Bank
Greenman-Pedersen,[no, 44 Sfts Road,Suite One Salem,NH 03079 p 6OM93-0720
An Equal Opportunity Emptoyer
TRAFFIC ENGINEER'S CERTIFICATE
To: Enterprise Bank
Re: Proposed Enterprise Bank,247 Checkering Road(Route 125/133)
North Andover,Massachusetts
Dated: November 25, 2019
The undersigned, Robert J. Michaud, F.E. of MDM Transportation Consultants, Inc.,
understands that Enterprise Bank is pursuing construction of a new bank branch on land located at
247 Chickering Road in North Andover, MA (the "Project"). This Engineers Certificate is issued
to outline requirements and anticipated timelines for Non-Vehicular and Category T Vehicular
Access Permits from MassDOT.
The entire Project consists of demolition of the existing commercial building on the subject
property and construction of anew 3,250 sf Enterprise Bank branch with dual drive-through lanes
and approximately 21 surface parking spaces. The subject property borders Chickering Road
(Route 125/133), a State Highway Under the jurisdiction of the Massachusetts Department of
Transportation(MassDOT). Access/egress to the Site is proposed to remain via two existing curb
cuts along Chickering Road; the southern driveway will remain an enter-only driveway and the
northern driveway will remain an exit-only driveway. These driveways will be modified for
conformance with current MassDOT commercial driveways standards and for consistency with
planned roadway improvements by MassDOT along the Chickering Road corridor.
The undersigned hereby states as follows,based on its professional and personal
knowledge and belief.
1. The Project will require Access Permits under M.G.L. Ch. 91, Section 21, as
amended, MassDOT regulations. Specifically, these include a Category T
Vehicular Access Permit for proposed modification to existing driveways serving
the subject property; a Non-Vehicular Access Permit for the purpose of
constructing; a water service connection and a sewer service connection to the
subject property within the State Highway Layout; and a Drainage Access Permit
for purpose of constructing a drainage connection within the State Highway Layout
to MassDOT's proposed drainage system.
1
13K IbI49 PgL4 ff54-1
2. A Category I Vehicular Access Permit Application was filed with MassDOT on
November 22, 2019 on behalf of Enterprise Bank. MassDOT has assigned 44-
2-019-0543 to this permit. Under this Category I Vehicle Access Permit application,
physical changes to the driveway intersections with Chickering Road are proposed
that are substantially consistent with. the Approved Site Flans for the subject
property and with MassDOT's Chickering Road improvement project. MassDOT
is fully informed of the Project as discussed in meetings held at District 4 office on.
March 25, 2019 and at a pre-construction meeting held at District 4 for the
Chickering Road improvement project on September 11, 2019, The Category I
Vehicular Access Permit should issue in the normal course,which is anticipated to
occur in approximately 90 days of the application.
3. A Non-Vehicular Access Permit Application, was filed with MassDOT on
November 22, 2019 on behalf of Enterprise Bank, MassDOT has assigned #4-
2019--0544 to this permit. Under this Non-Vehicle Access.Permit application, the
Site's drainage system is proposed to connect and discharge to the existing
MassDOT drainage system in compliance with MassDOT's Standard Operating
Procedure (S,O.P.) No. UMD-02-02-•2-000 "Connection or Discharge to any
MassDOT Drainage System". MassDOT is fully informed of the Project as
discussed in meetings held at District 4 office on March 25, 2019, at a pre-
construction meeting held at District 4 for the Chickering Road improvement
project on September 11, 2019, and through email correspondence with District 4
staff and MassDOT's project consultant,Fuss&O'Neill,Inc. Design changes have
been made since our initial discussions to address Fuss &O'Neill's concerns with
the initial drainage design. We anticipate that sufficient evidence is provided iri the
Application to demonstrate that no practical alternative exists and that proposed
storm water features for the Site result in a reduction in peals runoff rates relative
to existing levels, increases on-site recharge rates from roof drains, improves on-
site water quality, and is subject to an operation and management plan. The Non-
Vehicular Access Permit should issue in the normal course,which is anticipated to
occur in approximately 90 days of the application.
4. I know of no reason why the above described Category I Vehicular Access Permit
would not be issued. I also know of no reason why the above described Non-
Vehicular Access Permit would not be issued.
I hereby certify to Enterprise Bank that the above
information is true and correct,after due inquiry_
Name. Daniel J. Mil , PR, PTOE
Title: Principal
MDM Transportation Consultants, Inc.
,Date.
2
Bk 16149 PggZb #b4'1
Town of North Andover
Office of the Planning Depart � IV 0 1G1;
Community Development ulvisla�° � C
120 Main Street
�t� �� �;
North Andover,Massachusetts 01�5�OCT -2
52
NOTICE Or DECISION(INSURSTAN'TSA i�.�� �1 -
Date of )eeision: October 1,2019
Petition of. EnterppAse Bank
222Keriimaek Street
Lowell,MA 01852 �
Premises Affected: 247 Cblekerlug Road �
North Andover,MA 01845
BACKGROUND
On June 4,2019 the Planning Board approved.a Site Plan Review Special Permit(Special Permit) so as to
allow for the construction of 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. On September 24,2019,the Petitioner requested an Insubstantial Change,
determination so as to allow for the following modifications;
• Modify Condition 37 of the Notice of Decision Site Plan Review Special Permit dated June 4,
2019 to allow for demolition of the existing building and installation of the proposed building
foundation prior to submission of an approved Category r Vehicular Access Permit for proposed
modification to existing driveways serving the subject property; a Non-Vehicular Access Permit
for the purpose of constructing a water service connection and a sewer service connection to the
subj ect property within the State Highway Layout;and a Drainage Access Permit for the purpose
of'cvnstructing a drainage connection within the State Highway Layout to MassDOT'S proposed
drainage system.
FINDINGS OF FACTS j
The letterto Enterprise Dank from.RoburtJ.Michaud,P.B.,Managing Principal,MDM Transportation
Consultants,hie. letter dated September 23,2019, n.Proposed Enterprise Bank,247 Chickering Road �
(Route 125),North Andover,NIA 01845 details the status of the requirements and anticipated timelines
for Non-Vehicular and Category I Vehicular Aeoess Permits from.MassDOT and provides certification
from a Professional 13rm'crieer that the info nxation in the letter is true acid correct,after duo inquiry.
Alter discussion at the October 1,2019 Planning Board meeting,and upon a motion by Peter Boynton,
seconded by Aaron Preston,the Planning Board'noted to approve the Insubstantial Change request for
Enterprise Bank. The vote was 5-0, unaninious in favor•.
f
CONDITIONS
The Petitioner shall comply with all existing conditions rendered in the Site Plan Review Special issued
,tune 4,2019.
t
The bond referenced.in Condition 33 ofthe Notice of Decision Site Ilan Review Special Permit dated
June 4,2019 shall be posted prior to the Issuance of Site Work,Demolition Permit,Foundation Permit or
Building Permit, i
F
Insubstantial Change
247 Chicicering Road
Enterprise Bank
Page 2 of 2
This hisubstantial Change approval is applicable only to a demolition permit and a foundation permit.
Letter dated September 23,20119 by Robert J.Michaud,P.E.,Managing principal,MDM Transportation
Consultants,Inc.is conSideved an attachment to this Notice of Decision.
70aii F331 iglit,Planning D!rector
On Behalf of tho Noith.Andover Planning Board
j TRANSPORTMON CONSULTANTS,INC,
,1L1JJ Pianners&Engineers 1 RINCIIIA ,s
Robes 1.MiChRid,P.E.
T17"FIC LKNGINEIJR'S CEgTIp'SCATE Daniel).Miris,z',a.,PTOB
To: Enterprise Bank ROBERT J f7�,
Re; Proposed Enterprise Barak,247 Chickening Road (Route 125) U WiL
North Andover,Massachusetts No, stot
Dated: September 23,2019 ,
f
The undersigned, Robert J. Michaud, P.E. of MDM Transportation onsultants, lnc,,
understands that Enterprise Back is pursuing construction of a new bank branch on land located at
247 Chic%eriaag Road in North Andover,MA(the'Trojeet"). This Engineers Certificate is issued
to outline requirements and anticlpated timelines for Nora--Vehicular and Category l Vehicular j
Access Permits from MassDOT.
The entire Project consists of demolition of the existing comrncxeial building on the subject
property and construction of a new 3,250 sf Enterprise Bank branch with dual drive-through lanes
and approximately 21 surface parking spaces. The subject property borders Chickerhrg Road
(Route 125), a State Highway under the jurisdiction of the .Massachusetts Department of
Transportation.(MassDOT). Access/ogress to the Site is proposed to remain via two existing curb i
cuts along Cbickexing Road; the southern driveway will remain an outer-only driveway and the
northern driveway will remain an exit-only driveway. These driveways will be modified for
conformance with current Massl)OT commercial driveways standards and for consistency with
planned roadway improvements by MassDOT along the Chickering Road corridor.
The undersigned hereby states as follows,based on its professional and personal
knowledge and belief
1. The Project will require Access Permits under M.G.L. Ch. 81, Sectlorr -21, m
amended, MassDOT regulations. Specifically, these include a Category 1
Vehicular Access Permit for proposed modification to existing driveways serving s
the subject property; a Non-Whioular Access Permit for the purpose of �
constructing a water service connection and a sewer service connection to the f
subject property withhr the.State Highway Layout, and a Drainage Access Permit
for purpose of construoti ng a drainage connection within the State Highway Layouat j
to MassDOT'S proposed drainage system.
i
28 Lord Rood,Suite 280 Marlborough,Wmadwsetts 01752
Phone(508)803-0370'Pax(508)303-0371 •www.rndmtraiis.com
BIC 16149 PgZd ffb4-1
2. A Category I Vebicular Access Permit will be, filed with MassDOT on behalf of
Enterprise Bank within the next 15 business days, Under this Category I Vehicle
Access Permit application, physical dhanges to the driveway intersections with
Chickering Road are proposed that are substantially consistent with.the Approved
Site Plans for the subject property and that are consistent with MassDOT's
Chickering Road improvement project. MassDOT is fully informed of the Project
as discussed in meetings held at District 4 office on March 25,2019 and at a pre-
constioction meeting held at District 4 for the Chickering Road Improvement
pxojeot on September 11, 2019, The Category I Vehicular Access Permit should
issue in the xrarrnal course,which is anticipated to occur within approximately 90
days of initial application.
3. MDM Transportation.Consultants,Inc.has conducted a pre f ling consultation with
MassDOT District 4 staff on, March 25, 2019 and September 11., 2019 in
preparation for a Category I Vehicular Access Fermit filing. During this
consultation,a detailed discussion of Permit requirements rolative to the Category
I Vehicular Access Permit ensued Including compliance with MassDOT's Standard
Oparating Procedure(S.O.P)No,HN1D-02-02-2-000"Contzection or Discharge to
any MassDOT Drainage Systa&'. Provisions under this S.O.P, cite the need for a
NQn Vehicular Access Permit for purposes of connecting the Site to the,MassDOT
drainage system., and which serves as a prerequisite to issuance of a Category I
Vehicular Access Permit, MassDOT S.O.F No. HMD-02-02-2-000 specifidaily
states"As defined In 720 CMR 13.00 and MassDOT's S.O.P.No. HMD-50-02-3-
000, any connection to or discharge to any MassDOT drainage system (in oases
where it can be shown that no practical alternative exists),requires fhe issuance of
a Non-vehicular Access Permit." Upon xeview of the Site Plans and associated
drainage mitigation summary prepared by GPI and dated August 16, 2019
(submitted herewith)and as discussed with MassDOT District 4 staff on September
11, 2019 we anticipate that sufficient evidence,is provided In the Application to
demonstrate that"ao practical alternative exists"for this drainage connection. The
CYPI drainage mitigation summary indicates that storm water•features for the Site
result in areduetion:in peak runoffratesrelative to existing levels,increases on-site
xeeharge rates ftorn roof drains,improves ono site water quality,and is subject to an
operation and management plan,
4. MDM will concurrently file the requisite Non-Vehicular Access Permit
Applications for the proposed drainage connection to MassDOT's Chickering Road
system and proposed water/sewer connections and anticipates the Non-Vehicular
and Category I Vehicular Access Permit will issue in the normal course, which,is
anticipated to occur within approximately 90 days of initial application,
.5, I know of:no reason why the above described Category I Vehicular,,Access Permit
would not be issued. I also know of no reason why the above described Non-
Whioular Access Permit would not be issued,
2 DM
Bk 16149 Pg29 #547
I hereby cezffy to Enterprise BAR at Tte—lab e
information is true and corme of due bAqiAry.
Nam P,.-Robert 1. Michaud,P,E,
Title: Managing Principal
ML)M Transportation Consultants,Inc.
.Data:.
MDM
..........
Bk 16149 Pg:3O fFb4-/
-evny -
3ClfPc�Gb7rduer4�_
: = Engineering Design f planning Construotlon Management
August 16,2019
Roberti,Michaud,P,e,
MDM Transportation Consultants,Inc.
28 Lord Road, Suite 280
Marlborough,MA 01752
No: Drainaga Mltigativn summary
Proposed enterprise Bank
247 Chickering Road
North Andover,MA
Dear lob;
On behalf of our client;, Enterprise Bank, the following Informatlan Is provided In response to the request by
MassDOT District 4 regarding the stormwater mitigation proposed fortho uDove referenced project.
The existing parcel of land Is 24,962 sf In size, fully developed with paved parking areas and currently
occupied by the Bulger Antrnat Hospital, The site is bounded by Chickering Road(Route 126)to the west,the
99's restaurant and parking lot to the north and east and wooded land and wetlands to the south. No storrriwater
controls currently exist onsite,all runoff drains as street and shallow concentrated flow to the Chickering Load
closed drainage system.
Enterprise Bank is proposing to construct a 8,250-sf single story bank building with drive-up services and a
parking tot with 20 spaces. Tho redevelopment of this site will result In a decrease In irnpervious covel-,from
8T.8°lo existing to 68.6% proposed. In accordance, with both Town and. State requirements, an on-site
stormwater managamentsystem was designed to treat the stormwater runoff and mitigate the post-development
peak rate and volume of runoff,
A standard closed drainage system ronsisting of deep sump, hooded catch basins connecting to a First
Defense hydrodynamic separator 1s proposed withln the northern portion of the site to collect runoff from the
parking lot and drive-up[ones.This system is desigred to capture and pretreat runoff prlorto discharcdetnto the
Chickering Road closed drainage system. Along thesouthern portion of the site,two l;ilterra trey box filters are
proposed to collect and treat the runoff from the remaining parking lot areas. In front of the building, an
underground roof fnfiltration system consisting of arch chambers will provide groundwater recharge of the
rooftop runoff.
Prior to the design of the onslte stormwater system, test pits were performed to determine the depth to
seasonal high water acid sail conditions, based on the results of the test pits along with the proposed site grades
and available space around the site,the only feasible location for groundwatear rechargo Is in front of the building.
Where the existing grade rises towards the back of the property, we cannot meet the groundwater separation
required for storrnwater infiltration practices.
A Stormwater Management Report was prepared(copy attached)and includes a pre-and post-development
drainage analysis. The results of that analysis indicate that for the 2, 10 and 100 year storms there will be a
decrease in the peals rate of runoff going to the Chickering Road closed drainage"system.
Greenman-Pedersen,Inc. Air s€files Road,Suite One Saturn,NH 03075 p ti(r8 8g3{r72D
An t:qual Oppartunity6mptoyer
Bk 16149 Pg31 WbTl
Dralnago Mitigation Summary
Enterprise rank, 247 Chlakering Road
North Andover,MA
Page 2
Desion Storm Pre-Development Post-Development Change
(Peak runoff Woo) (peak runoff rate)
F-SIGN POINT 01 (Ch lnq-RdlRouie 126)
?:year 2.1 1.6 -0.6 1
1 0-year 3.4 3,1 -0.3
r1 00-year 6.5 &A -0.4
(Ali values shown are peak rates In OFS,cublo feet per second)
In addition, by reducing the on-dte Impervious cover and providing groundwater recharge of the roof'runoff,
there V111 also be a reduction In the volume of runoff leaving the site.
Design Storm Pre-Mvelopment Post-Development Change
(runoff volume) (runoff volume)
Dr2SIGN PQINT 91-(WokerIng Rdftiftq.12�)
5"362 -847(13%6)
10-yqar 11277 10,290 -987.(9%)
I 00-year 22,269 21,133 -1,136(6%).
(All values shown are peak rates In OF,cublo feat)
As requested by Massl)OT, aftematilve drainage discharge/tic-In locations were investigated. Site.grades
make discharge to the wooded area to the south of the site infeasible,plus,this is within close proximity to a
wetiand. There is a closed drainage system within the 99 Restaurant parking lot however,a connection to that
system was deemed infeasible. Representatives of the 99 expressed concerns to Enterprise Bank over the age
of theirsystern(approximately 2B-yrs old),belief thatthere,is no available additional capacity to handle additional
runoff from the Enterprise Bank development, and the fact that the 59 parking lot was just paved for the first
time In 25 years.
In summary, we believe that based on the Inability to connect to the 99 Restaurant's drainage system, the
limited capacity to provide onsite stoymwater recharge,thesignifloant Improvement to the onsite drainage design
through the 91VIP's that have been implemented, and the reduction In peak riato and volume of runoff to the
ChIckering Road drainage system, that all stops that Pould be taken, have been taken to mitigate the impaot
that the stormwater runoff V1 If have on the MassDOT drainage system.
Sincerely,
Greenman-Pederson,Inc.
David R.Jardinn,P.R., P.L.S.,LF-ED AP
Senior Project Manager