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PLANNING DEPARTMENT
Community Development Division
1 600 Osgood Street
North Andover,Massachusetts,01845
SITE PLAN REVIEW DECISION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: April 15,2014
Date of)Hearing: April 15,2014
Date of Decision: April 15,2014
Petition of: RCG LLC,on behalf of RCG West Mill NA LLC
17 Ivaloo Street, Suite 100
Somerville,MA 02143
Premises Affected: 4 high Street,Assessors Map 054.0,Lot 0001.
Referring to the above petition for a Site Plan Special Permit, fi•om the requirements of the North Andover
Zoning Bylaw,Sections 8.1,8.3, 10.3, 10.31,and 18.
So as to allow the creation of an additional 30 parking spaces within an existing parking area,with associated
landscaping and storm water management within the Downtown Overlay District.
After a public hearing given on the above date, and upon a.motion by R. Rowen and 2'd by D. Kellogg to
APPROVE the Site Plan Special Permit as amended and based upon the following conditions.Vote was 5-
0 in favor of the application.
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Q ehal of the North Odover Planning Board.
Jo Simons
Richard Rowen
Dave Kellogg
Lora McSher y
Lynne Rudnicki.
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4 High St.
Map 54,Parcel t
Site Plan Special Permit—30 additional parking spaces
The Planning Board herein APPROVES the Site Plan Special Permit to allow creation of an additional 30
parking spaces within an existing parking area, with associated landscaping and storm water management
within the Downtown Overlay District. The project is located at 4 High Street, North Andover,
Massachusetts, 01845,Assessors Map 054,0, Parcel 0001 within the Industrial-S (IS) and General Business
(GB) Zoning District. The parcel totals approximately 416,904 sq. ft. with frontage on High Street. This
Special Permit was requested.by.RCG LLC, on behalf of RCG West Mill NA LLC, 17 Ivaloo Street, Suite
100,Soinervillc,Ma 02143. The application was filed with the Planning Board on or about March 17,2014.
The public hearing on the above referenced application was opened on April 15, 2014, and closed by the
North Andover Planning Board on April 15, 2014. The applicant submitted a complete application, which
was noticed and reviewed in accordance with Section 8.1, 8.3, 10.3, 10.31, and 18 of the Town of North
Andover Zoning Bylaw and MGL C.40A,Sec.9.
Tile Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.1, 8.3, 10.3, 10.31 and 18:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is an expansion to an existing parking
area within the Downtown Overlay District. The additional parking spaces will be added, along with
bio-retention areas for storinwater management, within the footprint of the existing parking area,
resulting in no increase in impervious surface.
2) Based on input received froin both the Planning Board and the Planning Board's stormwater
management consultant, the applicant is providing for a substantial storinwater management benefit
for both volume and flow of storinwater from the existing parking lot, thus complying with
Massachusetts Stormwater Standards, as well as the Planning Board's Site Plan Review standards.
The existing storinwater rlrnoff flows directly into a piped drainage system, whereas the proposed
change will provide both treatment and attenuation through the use of stormwater BMPs described
below.
3) Runoff froin the parking area will be directed towards five bio-retention/rain gardens that will be
located within the existing parking lot. The rain gardens will provide pre-treatment for stormwater
and will result in a decrease in runoff to the existing underground piped system.. The rain gardens will
contain 3 feet of soil medium to allow for flow attenuation and TSS removal. A broaderested weir
and an overflow inlet will provide for overflow protection.
4) The new parking areas will be created using pervious concrete unit pavers on a sand setting bed. The
new parking spaces will be graded to drain away from the oxisting driveway, draining to a low point
within the parking area. Adjacent to this low point is a break in the granite curbing which will allow
storinwater to travel across a pea stone strip and then across a sod filter strip to a bio-retention area
described hi item#3.
5) The existing landscaping, which consists of several mature trees, will be maintained as much as
possible. New landscaping will be provided in addition to the rain gardens that are to be installed for
stormwater management,
6) The use as developed will not adversely affect the neighborhood as the existing parking lot and
associated buildings are in the Downtown Overlay District.
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I 4 High St.
Map 54,Parcel 1
Site Plan Special Permit—30 additional parking spaces
7) 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 since the project is an expansion of
an existing parking area.
$) 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, 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 and also grants the following waivers from Section 8.4 Screening and Landscaping
for Off Street Commercial and Industrial Districts:
WAIVERS
The Planning Board grants the following waivers from section 8.4,2 and Section 8.4.3 of the Town of
North Andover Zoning Bylaw:
A) The Board grants a waiver from the requirement in section 8.4.2 to provide a strip of land at
least six(6)feet wide(may be part of required yard setbacks)with trees or shrubs densely
planted,to create at least an impervious screen,at least four(4)feet high at the time of planting
and which are of a type that may be commonly expected to form a year round impervious screen
at least five(5)feet high within three years.
B) The Board also grants a waiver from the requirement in section 8.4.3 to provide a wall or fence
of uniform appearance at least five(5)feet high above finished grade will be allowed. Such a
wall and/or fence may be perforated,provided that not more than 25%of the face is open.
These waivers are granted based on the fact that the proposed work is located within an isolated, but
improved, area within site and is surrounded by existing mill buildings. The Board finds that the
proposed improvements would be enhanced without detriment to the surrounding neighborhood.
DEFINITIONS
1) Permit Definitions:
A) The"Locus"or"Site"refers to the 416,904 sq.ft. parcel of land with land fronting on High Street
as shown on Assessors Map 54, Parcel 1, and also known as 4 High Street, North Andover,
Massachusetts.
B) The "Plans"refer to the plans prepared by Design Consultants, hie., 120 Middlesex Ave., Suite
20, Somerville, Ma 02145,Pages C1.0-05.0., dated March 14, 2014, updated on 3/21/14, 4/7/14
and 4/8/14,consisting of Six(6)Sheets.,
C) The "Project" refers to the creation of an additional 30 parking spaces within an existing
parking area, with associated landscaping and storin water management within the
Downtown Overlay District.
D) iThe"Applicant"refers to RCG LLC,on behalf of RCG West Mill NA LLC,the applicant for the
Special Permit, its successors and assigns.
E)';iThe"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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4 high St.
Map 54,Parcel l
Site Plan Special Perwit--30 additional parking spaces
SPECIAL CONDITIONS:
1) PRIOR TO THE START Or SITE WORD OR CONSTRUCTION
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A) Three(3)copies of the signed, recorded plans must be delivered to the Planning Department.
B) One certified copy of the recorded decision must be submitted to the Planning Department.
C) One copy of any decision rendered by the North Andover Conservation Commission.
D) 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.
2) PRIOR TO ANY CONSTRUCTION OR A SITE WORK
A) A bond in the amount of five thousand dollars ($5,000.00) 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 and storrawater management
improvements. 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 bond account.
B) An Operations and Maintenance Plan will be provided which will detail the maintenance of the
rain gardens and of the permeable pavers. The O&M plan will include the following:
a. Period cleaning of catch basins and the drainage overflow tank
b. Maintenance of pervious pavers,periodic vacuum sweeping and/or low pressure washing
and filling in the aggregate as necessary
C) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
D) The applicant shall designate an independent construction monitor who shall be chosen in
consultation with the Planning and Conservation Departments. The monitor will oversee the
construction of the parking lot and all storrnwater management facilities to ensure that the system
is built according to the plan. The construction monitor must be available upon four (4) bours
notice to inspect the site with the PIanning Board designated official. The construction monitor
shall matte weekly inspections of the project and file monthly reports to the Planning Board
throughout the duration of the project. The monthly reports shall detail area of non-compliance,
if any,and actions taken to resolve these issues.
E) Yellow"Caution"tape must be placed along the Iimit of clearing and grading as shown oil the plan.
The Planning Department must be contacted prior to any cutting and or clearing on site. All existing
trees that will remain in the landscaped area are to be marked prior to the pre-construction meeting.
F) A pre-construction meeting must be hold with the developer,their construction employees,Planning
Department,and other applicable departments,to discuss the construction schedule.
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4 High St.
Map 54,Parcel 1
Site Plan Special Perinit--30 additional parking spaces
3) DURING CONSTRUCTION
A) Dust mitigation must be performed weekly, or more fi-equently 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 assume 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 waking 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.
4) PRIOR TO A CERTIFICATE OF OCCUPANCY
A) The applicant must submit a letter from the architect and engineer of the project stating that the,
Iandscaping and site layout substantially complies 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) All stormwater structures shall be cleaned, in accordance with the approved Stormwater
Operation&Maintenance Plan.
5) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) The Planning Staff shall review the site. Any screening as maybe 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. This as-built plan shall be submitted to
the Town Planner for approval and must be provided in paper form as well as in SDP (Standard
Digital File) format. The applicant must also submit a letter from the architect and engineer of the
project stating that the, landscaping and site layout substantially complies with the plans referenced
at the end of this decision as endorsed by the Planning Board.
C) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
G) GENERAL CONDITIONS
A) Tile contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
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4 High St.
Map 54,Parcel 1
Site Plan Special Per►nit—30 additional parking spaces
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) 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.
D) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
E) 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.
F) 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.
G) Any revisions shall be submitted to the Town Planter for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
H) This Special Permit approval shall be deemed to have lapsed after April 15,2016(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 Permit Site Plan.
I) Tho following information shall be deemed part of the decision:
Plan Sheets: C 1.0-05.0(6 sheets)
Prepared for: RCG LLC,on behalf of RCG West Mill NA LLC
171valoo Street, Suite 100
Somerville,Ma 02143
Prepared by: Design Consultants,Inc.
120 Middlesex Avenue,Suite 20
Somerville,Ma 02145
Date: March 14,2014,revised 3/21/14,417/14 and 4/8/14
Sheets: C1.0,C1.1, C2.0,C3.0,C4.0, C5.0
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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