HomeMy WebLinkAboutDecision - 1503 OSGOOD STREET 7/20/2010 Big 12209 Psr8 42!5616
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Essex North Regisxry of Deeds
Robert F. Kelley; Reg"ter
354 Merrimack St, Suite 304
Lawrence, MA 01843
(978) .683-2 745
www.iawren'eedeeds.com
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This Is to oertify that twenty(20)days ., .S OFFICE
have elapsed from dote of decWon,filed V`
without fillng of an appeal. { 10Date 4&T-4
Joyco A,Bradshaw CH
TOM Olv�
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
SITE PLAN REVIEW—CORRIDOR DEVELOPMENT DISTRIC DECISION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk. Date: duly 20, 2010
Date of Hearing: June 15,2010, July 6,
2010,and July 20, 2010
Date of Decision: July 20,2010
Petition of: Hera Development Corp.
470 Washington Street
Brighton, Massachusetts 02135
Premises Affected: 1503 Osgood Street, Assessors Map 34,Lot 7.
Referring to the above petition for a Site Plan Special Permit and Corridor Development District Special
Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, 1031, and 16, and
M.G.L.e.40A,Sec.9.
So as to allow the construction of a 16,527 s.f. warehouse/office facility, 28 new parking spaces, drainage
and stormwater management system, extensive landscaping plan, lighting plan,and associated grading work
within the Corridor Development District 3(CDD 3)Zoning District.
After a public hearing given on the above date, and upon a motion by R. Rowen and 2'd by M. Walsh to
APPROVE the Site Plan Special Permit and Corridor Development District Special Permitas amended and
based upon the following conditions.Vote was 5 —0 i avor of the ap
behalf of the North dover PIanning and
r7
ohn Simons,Chairman
Courtney E. LaVolpicel o
Richard Rowen
Timothy Seibert `.
Michael Walsh
ATTEST,
—, A'True Copy
Town Cierh .
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Hera Development Corp., 1503 Osgood Street
Map 34,Pamel 7
Site Plan Special Permit—Construction of Warehouse/Office Facility
The Planning Board herein APPROVES the Site Plan Special Permit to construct a 16,527 s1
warehouse/office facility, 28 new parking spaces, drainage and stormwater management system, extensive
landscaping plan, lighting plan, and associated grading work. The project is located at 1503 Osgood Street,
North Andover,Massachusetts, 01845, Assessors Map 34, Parcel 7 within the Corridor Development District
3(CDD 3)Zoning District..The parcel totals approximately 264,609 s.f.with frontage on both Osgood Street
and Orchard Hill Road, This Special Permit was requested by Hera Development Corp., 470 Washington
Street, Brighton,Massachusetts 02135. The application was filed with the Planning Board on or about May
14, 2010. The public hearing on the above referenced application was opened on June 15, 2010, with
additional hearings on July 6,2010,and closed by the North Andover Planning Board on July 20,2010. The
applicant submitted a complete application,which was noticed and reviewed in accordance with Section 8.3,
10.3, 10.3 land 16 of the Town of North Andover Zoning Bylaw and MGL C.40A,See.9.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3, 10.3 and 16:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is located in the Corridor Development
District 3 (CDD 3)Zoning District and consists of the construction of a 16,527 s.f warehouse/office
facility, 28 new parking spaces, drainage and stormwater management system, extensive landscaping
plan, lighting plan, and associated grading work. The project accommodates a compatible use which
is typically associated with transportation corridors and large traffic flows, but which provides for a
low peak trip generation which minimizes impacts to surrounding uses;
2) The use as developed will not adversely affect the neighborhood as a sufficient landscaped buffer has
been provided particularly along Orchard Hill Road, and will provide for a significant visual buffer
from Osgood Street. There exists a natural vegetated buffer to the north of the site,which screens the
development from the residential development at Cherise Circle. As a result,the overall layout of the
site has been designed to minimize visual impacts;
3) Based on input received from both the Planning Board and the Conservation Commission, the
applicant significantly decreased the cutting into the site and corresponding requirement to fill the site
in order to bring the site to the required grade for construction. The area designated for cutting and
filling directly abuts the wetlands and the new plan will have significantly reduced impact on the
wetlands and the wetlands buffer area.
4) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a
significant impact on pedestrian safety and vehicular circulation within the site as the project will add
only minimal additional vehicle trips to the site. As described in the traffic letter report, dated May
28,2010, prepared by Greenman-Pedersen,Inc. (GPI),the proposed development is expected to have
"minimal impacts on the Osgood Street and Orchard Hill Road intersection with an expected increase
in traffic of approximately 1 additional vehicle every 2 to 8 minutes during the critical peak hours. In
addition, the GPI Letter Report indicates that "volume-to-capacity ratios on all movements at the
intersection are expected to be below 1.00, indicating that capacity will remain after the proposed
development is constructed and occupied';
5) The landscaping and lighting plans approved as part of this plan meet the requirements of Section 8.4
as amended by the Planning Board of the North Andover Zoning Bylaw. Landscaping has been
2
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Hera Development Corp., 1503 Osgood Street
Map 34,Parcel 7
Site Plan Special Permit—Construction of Warehouse/office Facility
placed so as to provide screening along Orchard Hill Road as well as along the westerly portion of the
lot as viewed from Osgood Street. The parking area landscaping has been provided for according to
Section 8.4 and 16.7 of the town's Zoning Bylaw. All plantings and screening depicted on the
approved plans referenced herein shall be maintained in perpetuity over the life of the project;
6) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The new building will be serviced by town water and a subsurface sewage disposal system which
required Board of Health approval will treat project sewage discharges . The Division of Public
Works, and the outside consulting engineers, Vanasse, Hangen Brustlin, Inc. and Eggleston
Environmental, Inc., have reviewed the application, utilities, and drainage and stormwater
management plan and deemed them to be adequate.
7) The Board has also determined, in accordance with Section 16.9 of the Zoning Bylaws, that the
proposed project is generally consistent with criteria of the paragraph 16.1 of this Section in
that the project involves a unique use which will promote economic development and
diversity in the Town's tax base, and provides for a use which is compatible and harmonious
with surrounding properties.
8) The Project also complies with the standards under Section 16.5 for the grant of a special permit as:
(a) the GPI Traffic Report adequately addresses potential traffic impacts and related mitigation;
b
the proposed project will not create adverse traffic and safety impacts as evidenced by the findings in
the GPI Letter Report and testimony of GPI at the hearing; (c)the proposed use and building will be
located in a manner which is compatible with the existing neighborhood, and uses are harmonious
with the character of the area as the proposed use will complement the other commercial uses in the
neighborhood; and, (d)the proposed project provides sufficient screening and buffering as evidenced
by the landscaping plan which will provide a substantial buffer and screening from neighboring
properties.
9) Further, as shown on the Site Plans, the Project meets the applicable design standards under Section
16, including the following:
(a) Section 16.6 (Design Standards) of the Zoning Bylaw have been met as: (1) the proposed uses
comply with applicable Town performance standards; (2) the architecture is compatible with the
architecture of the surrounding uses, and is appropriate for the proposed project uses in terms of
scale and massing; (3) all new utilities will be placed underground; (4) landscape space and
pedestrian connectivity have been designed to provide sufficient and safe access throughout the
development; (5) the hours of operation shall be conditioned and limited to ensure that
neighboring residents are not exposed to offensive noise or late night traffic; (5)vehicular access
will be provided at two points onto Orchard Hill Road as the Applicant has demonstrated that site
constraints inhibit the ability to consolidate driveways with the existing gas station facility on the
Site, and no traffic conflicts are anticipated as a result of the proposed driveways; (6) the design
also serves to protect and enhance natural resources, including wetland resources, along the
northern and eastern boundaries of the Site;and(8)the project design both minimizes impervious
surfaces and the stormwater management has been design to minimize stormwater runoff in
accordance with Town,State and Federal stormwater requirements.
(b) Section 16.7 (Screegling and Landscaping) Standards have been met and screening and
landscaping is sufficient as shown on the Site Plans, except for Section 16.7.5 — where the
required 3-foot building foundation landscaping strip has been requested to be waived as a result
of the Fire Department's request for a 5 ft. wide gravel path around the building for fire safety
3
Hera Development Corp., 1503 Osgood Street
Map 34,Parcel 7
Site Plan Special Permit—Construction of Warehouse/Office Facility
purposes.
(c) Section 16.8 (Lighting and Signs Standards have been met, and the Lighting flan demonstrates
that: (1) site lighting design has been designed so as not to adversely impact surrounding uses
while also providing a sufficient level of illumination for access and security purposes; (2)
parking areas will be illuminated to provide appropriate visibility and security during hours of
darkness; (3) any outdoor lighting fixture newly installed or replaced shall be shielded so that it
does not produce a strong, direct light beyond the property boundaries, and shall be directed
toward the object or area to be illuminated;(4)lighting of the site will be adequate at ground level
for the protection and safety of the public in regard to pedestrian and vehicular circulation, and
the glare from the installation of outdoor lights and illuminated signs will be contained on the
property and shall be shielded from abutting properties; (5) the planting of landscaping materials
as shown on the Project Landscaping Plan are of such height and depth as needed to sufficiently
screen from view abutting residential areas any unshielded light source, either inside or outside;
and,(6)All signs will conform to Section 6.6(D)Business and Industrial Districts.
(d) Section 16.13.3 (Dimension and Density Requirements) have been met as shown on the Site
Plans.
10) Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3.5 and in Section 16, but requires conditions in
order to be fully in compliance. The Planning Board hereby grants an approval to the applicant
provided the following conditions are met:
SPECIAL CONDITIONS:
1) Permit Definitions:
A) The "Locus" or "Site" refers to the 264,609 sq. ft. parcel of land with land fronting on Osgood
Street and Orchard Hill Road as shown on Assessors Map 34, Parcel 7, and also known as 1503
Osgood Street,North Andover, Massachusetts.
B) The "Plans" refer to the plans prepared by MHF Design Consultants, 44 Stiles Road, Suite 1
Salem NH 03079 entitled "Proposed Site Development Plans, 1503 Osgood Street (Route
125)/Orchard Hill Road, North Andover, Massachusetts", dated May 13, 2010, as most recently
revised on July 16, 2010, consisting of Sheets 1 through 10,along with a Truck Turn Plan(Sheet I
of 1), as well as the plans prepared by Hendren Design Associates, including: (a) Lighting Plan
(Sheet A-1.5), dated June 25,2010;(b)Elevations Sheet(Sheet A-2.0), dated June 25,2010;and,(c)
Floor Plan(Sheet i of 1),(undated).
C) The"Project"refers to the construction of a 16,527 s.f.warehouse/office facility,28 new parking
spaces, drainage and stormwater management system, extensive landscaping plan, lighting plan,
and associated grading work.
D) The "Applicant" refers to Hera Development Corp., 470 Washington Street, Brighton,
Massachusetts 02135,the applicant for the Special Permit,its successors and assigns.
E) 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.
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Hera Development Corp., 1503 Osgood Street
Map 34,Parcel 7
Site Plan Special Permit—Construction of Warehouse/Office Facility
2) Waivers. The Applicant has requested waivers from the following provisions of the Town of North
Andover Zoning Bylaw, including Section 8.1.5 (a) - reduction of minimum aisle width to 24
feet, Section 8.3.5.e(Ax)-Traffic Study, (xxii)-W Fiscal Impact, and(xxiii)-Community Impact,as
well as Section 16.7.5 -- Building Foundation Landscaping. As part of this decision, the Planning
Board has granted the above waivers, in that it has found that the Applicant has provided sufficient
information as part of its application to address all traffic, fiscal, community,and other impacts.
3) The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning and Community Development Staff. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the .Planning Board designated
official.
4) The applicant shall designate an independent construction monitor who shall be chosen in
consultation with the Planning Department. The construction monitor must be available upon four(4)
hour's notice to inspect the site with the Planning Board designated official. The construction
monitor shall make weekly inspections of the project, as well as inspections after one-inch or greater
storm events, and file monthly reports to the Planning Board throughout the duration of the project.
The monthly reports shall detail areas of non-compliance-, if any, and actions taken to resolve these
issues. The frequency of the reporting and monitoring will be discussed with the town planner and
adjustments to the schedule will be made upon review by the town planner.
5) PRIOR TO THE START OF CONSTRUCTION
A) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
B) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
C) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Department must be contacted prior to any cutting and or clearing on site.
D) A pre-construction meeting must be held with the developer,their construction employees, Planning
Department, the Conservation Commission Agent, and Building Department (and other applicable
departments)to discuss scheduling of inspections to be conducted on the project and the construction
schedule.
E) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all North Andover land use Boards.
6) PRIOR TO THE ISSUANCE OF A BUILDING PER1Vi111'lE'
A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
5
. 11
• Hera Development Corp., 1503 Osgood Street
Map 34,Parcel 7
Site Plan Special Permit—Construction of Warehouse/Office Facility
B) A stormwater pollution prevention plan, including a long term pollution prevention plan
(SWPPP), shall be submitted to the Town Engineer for review and approval.
C) One certified copy of the recorded decision must be submitted to the Planning Department.
D) One copy of a recorded Wetlands Order of Conditions issued under the State Wetlands Protection
Act and North Andover Wetlands Protection Bylaw shall be delivered to the Planning
Department.
E) This Special Permit is contingent on the issuance of a Disposal System Construction in
accordance with State Title S Regulations and the North Andover Board of Health Regulations by
the town of North Andover Board of Health. One copy this Permit issued for the construction of
the on-site wastewater disposal system by the North Andover Board of Health shall be delivered
to the Planning Department.
F) A bond in the amount of ten thousand dollars ($10,004A0) 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. This bond shall be in the form of
a check made out to the Town of North Andover. This check will then be deposited into an
interest bearing escrow account.
7) DURING CONSTRUCTION
A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner,
throughout the construction process.
B) 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.
C) it shall be the responsibility of the developer to assure that no erosion from the construction site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site construction. Off-site erosion will be a basis for the Planning
Board 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 ten days to cure
said condition.
8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) 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. 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.
B) The Planning Staff has approved all artificial lighting used to illuminate the site. All lighting
shall have underground wiring and shall be so arranged that all direct rays from such lighting falls
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Hera Development Corp., 1503 Osgood Street
Map 14,Parcel 7
Site Plan Special Permit-Construction of Warehouse/Office Facility
entirely within the site and shall be shielded or recessed so as not to shine upon abutting
properties or streets. 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.
C) Any and all signage plans for the site,which have been provided to the Planning Board during the
site plan review process,were presented for the purpose of demonstrating signage materials only.
Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the
Town of North Andover Zoning Bylaw, as amended, and must be approved by the Building
Department. In no way is the Project Owner to construe that the Planning Board has reviewed
and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building
Department, All additional permits must be obtained by the Project Owner prior to construction.
9) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
B) A final as-built plan showing final topography,the location of all on-site utilities, structures,curb
cuts, parking spaces and drainage facilities, including invert elevations of all stormwater
structures,must be submitted to the Planning Department.
C) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
10) GENERAL CONDITIONS
A) Any plants, tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved
in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity.
B) The Building hoof material shall be either TPO Membrane or anodized aluminum. Roofing
materials shall not contain copper or galvanized steel.
C) In the case of future changes to the design of the septic leach field and trench system,the location
of that system shall not be any closer to the underground infiltration system than shown on the
plan referenced herein.
D) Snow storage shall be contained within the area outlined on the Site Development Plan,sheet 4.
E) There shall be one dumpster pad location on site, located as outlined on the Site Development
Plan,sheet 4.
F) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
G) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
7
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Hera Development Corp., 1503 Osgood Street
Map 34,Parcel 7
Site Plan Special Permit—Construction of Warehouse/Office Facility
H) 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.
I) The hours of operation shall be from 6 a.m. to 8 p.m. and otherwise in compliance with applicable
laws, except that office uses or other uses not generating noise or other nuisance conditions
outside the building may be permitted inside the building at hours earlier than 6:00 am or later
than 8:00 pm.
3) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations_
K) No underground fuel storage for the Project shall be installed except as may be allowed by Town
Regulations,
L) There shall be no outside storage of any oil or hazardous materials. There shall be no interior
storage of oil or hazardous materials in the Building unless otherwise permitted by and in
compliance with applicable laws.
M) 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.
N) 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.
O) Any revisions shall be submitted to the Town Planner for review. if these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
P) This Special Permit approval shall be deemed to have lapsed after July 20,2012(two years from
the date permit 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. For purposes of this development,the developer shall be deemed to have undertaken
substantial use or construction if the developer has begun site grading and tree clearing as noted
on the Grading&Utilities Plan,sheet 5 of 10.
Q) The following information shall be deemed part of the decision:
Plan titled: Proposed Site Development Plans, 1503 Osgood Street(Route 125)/Orchard Hill
Road,North Andover,Massachusetts
Prepared for. Hera Development Corp. ,
470 Washington Street
Brighton,Massachusetts 02135 -A -
Prepared by: MHF Design Consultants.
44 Stiles Road,Suite One r�s
Salem,NH 03079
Scale: 1"=40%
Date: Dated May 13,2010,as most recently revised on July 16,2010. .
Sheets: 1 through 10. .�-
C)
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Hera Development Corp., 1503 Osgood Street
Map 34,Parcel 7
Site Plan Special Permit—Construction of Warehouse/Office Facility
Applicant
Engineer
Abutters
Assessor
9