HomeMy WebLinkAbout2020-03-10 Recorded Decision SPR 633 Turnpike St Town of North Andover
Office of the Planning Department RECEIVED
Community Development and Services Division ;
120 Main Street
North Andover,Massachusetts 01845 Z020 MAR 16 PH I: 4'i
NOTICE OF, DECISION
SITE PLAN REVIEW SPECIAL PERWT
Any appeal shall be filed ek 16371 PS338 15,968
within(20)days after the 06-29--2020 a 021. 15P
date of filing this notice in V t 1 t F,. 0 i t r L-g
the office of the Town Clerk.
Date: Match 10,2020
Date of Hearings: February 4,20202,March
10,2020
Date of Decision: March 10,2020
Petition of: Marebionda&Associates,LP
62 Montvale Avenue
Stoneham,MA 02180
Premises Affected: Andover Pest Control
633 Turnpike Street
Assessor's Map 25,Lot 44
North Andover,MA 01845
The above petition for a Site Plan Review Special Permit is in accordance to the requirements of the North
Andover Zoning Bylaw,Article 8 Supplementary Regulations Part I Off-Street Parking Requirements,Part 3
Site Plan Review,and 195-10.7 of the North Andover Zoning Bylaw.
This petition is to allow for the construction of a 12'-16.5' paved, wrap-around driveway, four parking
stalls and storinwater improvements. The Project is located within the Corridor Development District I
(CDD-1)Zoning District.
After a public hearing given on the above date,and upon a motion by J. Simons and 2nd by P.Boynton, the
Planning Board Approves the Site Plan Review Special Pei-wit as amended and based upon the following
conditions.Vote was 5-0,unanimous in favor.
On Behaltof the Planning Board
Eitan Goldberg,Chairman
Kelly Cormier
Peter'Boynton
Aaron Preston
John Simons
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Bk 16371 Pg339 #15968
633 Turnpike Street(Map 25 Lot 44)
Site Plan Review Special permit
Page 2 of 6
The Planning Board herein APPROVES the Site Plan Review Special Permit for the construction of a
12'- l6.5'paved,wrap-around driveway,four parking stalls and stormwater improvements. The Project
is located within the Corridor Development District 1 (CDD-1)Zoning District.
The application was filed with the Planning Board on January 16,2020. The public hearing on the above
referenced application was opened on February 4,2020,and closed by the North Andover Planning Board
on March 10,2020. The Applicant submitted a complete application,which was noticed and reviewed in
accordance with Article 8 Supplementary Regulations Part 1 Off-Street Parking Requirements,Part 3 Site Plan
Review,and 195-10.7 of the North Andover Zoning Bylaw and MGL C.40A,Sec,9.
The Planning Board voted unanimously (by a vote of 5-0) 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 members of a five-member board.
The Applicant is hereby notified that should the Applicant disagree with this decision,the Applicant has the right,under
MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the date this decision has been filed
with the Town Clerk.
The Planning Board makes the following findings as required by Article S Supplementary Regulations Part
1 Off-Street parking Requirements,Part 3 Site Plan Review,and 195-10.7 of the North Andover Zoning Bylaw:
FMINGS OF FACT:
1. The specific Site is an appropriate location for the Project as it is located in the Commercial Development
District 1 zoning district and conforms to the use objectives of this district.
2. The use as developed will not adversely affect the neighborhood.
3. There will be no nuisance or serious hazard to vehicles or pedestrians.
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
5. The Special Permit Granting Authority makes a specific finding that the use is in harmony with the general
purpose and intent of the Zoning Bylaw.
6. A privacy fence has been added to the Plan.
7. The Site utilizes a pre-existing,non-conforming 3 V curb out,
8. The proposed Project is a result of discussions with the Planning Board, Planning Staff, and outside
consultants with respect to parking, Site design, grading, landscaping, and stormwater management.
The resulting proposal limits potential impacts on neighboring residents.
9. The Town's storrnwater peer review consultant, Horsley Whitten Group, reviewed the Project and all
concerns have been adequately addressed or conditioned herein(see memo from Janet Carter Bernardo,
P.E.dated February 17,2020).
10. The Town of North Andover Building Department has reviewed the proposal,and made a determination
that the Project is in compliance with applicable zoning regulations (email from Paul Hutchins dated
February 1,2020).
11. The Project has been reviewed by the North Andover Fire Department. A code review completed by a
Bk 16371 Pg340 #15968
633 Turnpike Street(Map 25 Lot 44)
Site P1anReview Special permit
Page 3 of 6
registered design professional shall be submitted to Building and Fire departments for review to assist in
determining what changes or updates to the building may be required as a result of the change in occupancy
type.(see email from Lt.Mike Beirne dated February 16,2020).
12. The Project has been reviewed by the Department of Public Works. All concerns have been addressed of
conditioned herein. (see email from J. Borgesi dated February 18,2020 and T. Willett dated January 17,
2020).
13. The Project was reviewed by the Police Department,which expressed no concerns with the proposal(email
Lt.D.Lanen dated January 16,2020).
14. The Applicant has filed a Notice of Intent (NOI) Application for with the Town of North Andover
Conservation Commission.
Finally,the Planning Board finds that this Project generally complies with the Town.of North Andover Zoning
Bylaw requirements as listed in Article 8 Supplementary Regulations Part I Off-Street Parking Requirements,
Part 3 Site Plan Review,and 195-10.7,but requires conditions in order to be fully in compliance. The Planning
Board hereby grants an approval to the Applicant provided the following special conditions are met.
PERMIT DEFINITIONS:
15. The"Locus"or"Site"refers to the approximately 21,875 sq.ft. of land with frontage on 633
Turnpike Street,as shown on Assessors Map 25,Lot 44.
16. The"Plans"refer to the Plans entitled"Site Plan 633 Turnpike Street in North Andover,MA',
dated December 16,2019,and revised to February 19,2020,consisting of 2 sheets,and prepared
by Marchionda&Associates,L.P,62 Montvale Avenue,Stoneham,MA 02180.
17. The"Project"refers to the construction of a 12'- 16.5' paved,wrap around driveway,four
parking stalls and stormwater improvements.
18. The"Applicant"refers to Marchionda&Associates,L.P,the Applicant for the Site Plan Review
Special Permit,its successors and assigns.
19. 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 CONDITIONS:
PRIOR TO SITR WORK/ISSUANCE OF A BU LAING PERMIT
20. The Plans and this Notice of Decision shall be recorded at the North Essex Registry of Deeds.
Two(2)copies of the signed and recorded Notice of Decision with Plans attached must be
delivered to the planning Department.
21. A construction schedule shall be submitted to the Planning Department for the purposes of
tracking the construction and informing the public of anticipated activities on-site.
22. A signed Illicit Discharge Compliance Statement will be prepared prior to discharging to post-
construction BMP's. A signed statement shall be submitted to the Planning Department,
23. A copy of the `inspeotion/maintenance log'referenced in the Long-term Operations and
Maintenance Plan shall be submitted to the Planning Department annually.
Bk 16371 Pg341 #15968
633 Turnpike Street(Map 25 Lot 44)
Site Plaza Review Special permit
Page 4 of 6
24, A Performance Guarantee bond in the amount of two thousand dollars(S2,000)shall be posted
for the purpose of insuring that the Site is constructed in accordance with the approved flan and
that a final as-built plan is provided.
25. A code review completed by a registered design professional shall be submitted to Building and Fire
departments for review to assist in determining what changes or updates to the building may be
required as a result of the change in occupancy type.
26. The Applicant shall designate an Independent Environmental Monitor who shall be chosen in
consultation with the Planning Department.The monitor will oversee the construction to ensure
that the Site is built according to plan.The monitor shall make inspections of the Project and file
monthly reports to the Planning Department throughout the duration of the Project.The frequency
of inspections may be adjusted in coordination with the Town Planner based on the construction
phase and weather conditions.The reports shall detail areas of non-compliance with the approved
Plans,and any corrective-actions taken.
27. A pre-construction Site meeting shall be held with the Applicant,contractor,Planning
Department representative, and Independent Environmental Monitor.
DURING CONSTRUCTION
28. The construction contractor shall employ all available best-management-practices for the control
of dust,including but not limited to watering,planting,stabilization,track-out shaker plates,
and/or stockpile coverings.
29. Any laydown areas must be shown on a plan and reviewed by the Planning Department.
Stockpiles must be appropriately stabilized and/or covered.
30. It shall be the responsibility of the Applicant 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.Discovery of off-site erosion will be a
basis for the Planning Board to make a finding that the Project is not in compliance with the
approved flans.In the event off site erosion is discovered as a result of construction activity,the
Planning Board shall give the Applicant written notice of any such finding with ten(10)days to
provide evidence of corrective-action.
31. In an effort to reduce noise levels,the Applicant or contractor shall keep in optimum working
order,through regular maintenance,any and all equipment that shall emanate sounds from the
structures or Site.
PRIOR TO ISSUANCE OF A,CERTMCATE OF OCCUPANCY
32. The Applicant must submit a letter from the engineer of the Project stating that the landscaping
and Site layout substantially complies with the Plans referenced in this Notice of Decision as
endorsed by the Planning Board.Alternatively,the Applicant 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 use of the building.
33. The Planning Department will review the Site;any screening as may be reasonably required by
the Planning Staff will be added at the Project Owner's expense.
PRIOR TO'Y'IIE RELEASE OF ALL SECURITY AND ESCROWED FUNDS
Bk 16371 Pg342 #15968
633 Turnpike Street(Map 25 Lot 44)
Site Plan Review Special permit
Page 5 of 6
34. The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction,Site design,including stormwater structures and other
pertinent Site features.One paper copy and one electronic copy(PDF)shall be submitted to the
Town Planner.If over l year has elapsed from the issuance of the Certificate of Occupancy,the
Applicant must submit a second letter from the architect and engineer verifying that the
landscaping and Site layout substantially complies with the Plans referenced in this Notice of
Decision as endorsed by the Planning Board.
35. The Planning Board must,by a majority vote,make a finding that the Site is in conformance with
the approved Plan.
GENERAL CONDITIONS
36. 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.
37. 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.
38. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
39. Gas,telephone,cable,and electric utilities shall be installed underground as specified by the
respective utility companies.
40. 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.Interior construction within the
structures once fully enclosed shall be regulated by the Inspector of Buildings.
41. No open burning,shall be done except as is permitted during burning season under the North
Andover Fire Department regulations.
42. Any action taken 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.
43. This Site Plan Review Special Permit shall be deemed to have lapsed on March 10,2022(two
years from the approval date),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.
44. Any revisions shall be submitted to the Town Planner for review.If these revisions are deemed
substantial,the Applicant must submit revised Plans to the Planning Board for review and
approval.
45. The following information shall be deemed part of this decision:
Plans Titled. Site Plan 633 Turnpike Street in North Andover,MA.
633 Turnpike Street
North Andover,MA 01845
Prepared for; Michael Ryley,Andover Pest Control
633 Turnpike Street
Bk 16371 Pg343 #15968
633 Turnpike Street(Map 25 Lot 44)
Site Plan Review Special permit
Page 6of6
North Andover,MA 01845
Prepared by: Marchionda&Associates,L.P,
62 Montvale Avenue
Stoneham,MA 02180
Scale: 1"=2011
Date: December 16,2019,2020;Revised to February 19,2020
Sheets: 2
Document Title:Operation and Maintenance&Long Term Pollution Prevention Plans for Post-
Construction Storinwater Controls.
Prepared for: Michael Ryley,Andover Pest Control
633 Turnpike Street
North Andover,MA 01845
Prepared by: Marchionda&Associates,L-P,
62 Montvale Avenue
Stoneham,MA 02180
Scale: 1"=2V
Date: October 30,2019,Revised to February 11,2020
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