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HomeMy WebLinkAbout2015-07-28 Decision Downtown Overlay SP MOD .�mw,", 'ry m C��gi PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover,Massachusetts,01845 NOTICE OF DECISION DOWNTOWN OVERLAY SPECIAL PERMIT MODIFICATION Any appeal sliall be filed within(20) days after the (late of tiling this notice in the office of the Town Clerk, Date: July 21, 2015 Date of Hearing: July 21, 2015 Date of Decision: July 28, 2015 Petition of: RCG LLC, on behalf-'of RCG West Mill NA LLC 17 lvaloo Street, Suite 100 Somerville, MA 02143 Pi-einises Affected: 4 High Street, North Andover,MA 01845 Assessors Map 54,Lot 01 Referring to the above petition for a Modification to the Downtown Overlay Special Permit filed pursuant to Sections 8.1, 103, and 18 of the North Andover Zoning Bylaw to allow the demolition of Building 37 in its entirety, a re-orientation of the parking lot (152 spaces), revised landscape plans, revised storm water management plans and revised operation and maintenance report associated with the modification. After a public hearing given on the above date, and upon a motion by L. Rudnicki, seconded by D. Kellogg, the Planning Board APPROVES: (a) a Modification to the Downtown Overlay Special Permit under Section 18 of the North Andover Zoning Bylaw; and(b) a Modification to the Parking Special Permit under Section 8.1 of the North Andover Zoning Bylaw, as amended and based upon the following conditions. Vote was 4 in FAVOR., none opposed to the application. j1* On behs f of the North iftidover Planning Board John Simons, Chairman David Kellogg Lynne Rudnicki Peter Boynton 41 iigh Sired Downtown Overlay Speciai Permit Mortification July 24,2015 The Planning Board herein APPROVES: (a) a Downtown Overlay Special Permit Modification under Section 18 of the Zoning and (b) a Parking Special Permit Modification under Section 8.1 of the Zoning Bylaw, so as to allow the demolition of Building 37 in its entirety,the creation of a total of 152 parking spaces, revised landscaping, revised stormwater management plans and revised operation and maintenance report as depicted on the Plans and other supporting information, reports, as described herein. The application was filed with the Planning Board on July 8, 2015. The applicant submitted a complete application conforming to the requirements of the Zoning Bylaw, which application was noticed and reviewed in accordance with Sections 8.1, 10.3, and 18 of the North Andover Zoning Bylaw. The public hearing on the above referenced application was opened and closed on July 21, 2015. A quorum of Planning Board members was present. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Sections 8.1, 10.3, and 18: FINDINGS OF FACT: 1) The modification of the January 6, 2015 Downtown Overlay Special Permit "Previous Plans" results in a net decrease in impervious area and a net increase of parking spaces by 3 over the previous plans. 2) The modifications were reviewed by the Planning Board's peer consultant who determined: there was a net improvement in stormwater management, complies with Massachusetts Stormwater Standards, the removal of building 37 in its entirety has a beneficial impact on stormwater management. 3) Building 37 was constructed in the 1990's and is not considered historical. 4) The piped culvert running under the new proposed parking area and under building 37 was only structurally spanned in certain areas which made the previous plans structurally deficient. The modified plans allow for safe vehicle and pedestrian travel over the culvert, 5) The modified plans incorporate an outdoor wooden deck area and open the views to Osgood Pond, 6) The specific site is an appropriate location for the project as it is consistent with the intent and purpose of the Downtown Overlay District in that the site design complements the surrounding uses, preserves important historical building elements and the historic nature of the district, and provides for sufficient traffic and circulation improvements in a manner which promotes a vibrant, mixed use, commercial center. The proposed demolition of Building 37 and resulting uses will not negatively impact historic structures, and the proposed parking, landscaping, and other improvements will enhance the physical access and visual presence of the remaining structures. 2of8 4 High Street Downtown Overlay Special Permil Modification July 24,2015 7) Based on input received from both the Planning Board and the Planning Board's peer review stormwater management consultant, the applicant is providing for a stormwater management benefit for both volume and flow of stormwater from the existing and proposed parking lot, thus complying with Massachusetts Stormwater Standards as well as the Planning Board's standards. The proposed changes will provide both treatment and attenuation through the use of stormwater BMPs. 8) The Applicant will remove paving in specific areas near the wetland and pond, named "Osgood Pond", and create an attractive amenity for visitors and to benefit the pond ecology with native plantings. 9) The parking lot will primarily consist of bituminous pavement supplemented by decorative pavers, and plantings. In the design, the Applicant has sought to preserve the slab foundation of the building to be razed in order to protect the underlying culvert system; the slab will be cut strategically to provide locations for bio swales, new circulation, and other drainage features. 10) The use as developed will not adversely affect the neighborhood as the proposed rises are consistent with the intent of the Downtown Overlay District, the site and associated buildings are in the Downtown Overlay District, and the existing activity on-site consists of a mix of residential,commercial, and industrial uses. 11) 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 involves a re-orientation of the proposed parking area. The proposed project enhances the overall walkability and encourages pedestrian activity. 12) The project will have a positive impact on the neighborhood visual character, including architectural design, views, and vistas. The proposed demolition of Building 37 will open a view to Osgood Pond from High Street. 13) The proposed landscaping for the project is consistent with the intent of the screening and landscaping criteria and will enhance and complement the proposed parking improvements. 14) The Board finds that a Special Permit under Section 8.1 is appropriate, In accordance with Section 8.1.8(b) (Modification of Parking/Loading Area Design Standards), the modifications to drive aisles, parking spaces, pedestrian crossings and the parking layout as depicted on the Plans, would serve to provide for safe and convenient parking for the project. In accordance with Section 8.1.8(e) (Common Parking Areas and Multiple Use Facilities), the Project will involve a combination of retail, restaurant, office, and residential uses on the Property, where the hours, days, or peak parking or loading demand for the uses at West Mill are so different that the proposed number of Project spaces (152) will provide adequately for all uses or activities proposed to be served by the parking facility. 3 of 8 4 High Street Downtown Overlay Special Permit Modification July 24,2015 15) The Applicant shall be responsible for ensuring the proper continued operation and maintenance of the stormwater system as noted in the O & M Report submitted with this modification, 16) FinalIy the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 18, 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 as outlined below. DEFINITIONS 1) The "Locus" or"Site"refers to the 416,904 sq. ft. area of land with land fronting on High Street as generally shown on Assessors Map 54, Parcel 01, and also known as 4 High Street, North Andover, Massachusetts, as more particularly depicted on the "Plans" as defined below. 2) The "Plans" refer to the plans prepared by Horsley Witten Group Inc., Pages C1-C-16, dated September 25, 2014, Revision Dates of December 3, 2014, January 6, 2015, January 22, 2015 and recently signed by Engineer July 2, 2015. Also included as "Plans" are"Reports", Stormwater Analysis & Drainage Report and O & M Report for West Mill Redeveloment prepared by Horsley Whitten Group, Inc. 3) The "Project" refers to the demolition of on Building 37 in its entirety, the creation of a 152 space parking lot, associated landscaping and the revised stormwater management plan. 4) The "Applicant" refers to RCG LLC, on behalf of RCG West Mill NA LLC, the applicant for the Special Permit, its successors and assigns. 5) 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 Upon reaching the above findings, the PIanning Board approves this Downtown Overlay Special Permit Modification with the following conditions: 1) All previous conditions associated with the Downtown Overlay Special Permit dated January 6,2015 shall remain in effect. 2) The Board recognizes that the project will be completed in multiple phases, and recognizes that this Modification is a component of one of those phases. A series of building permit applications will be filed with according Certificate of Occupancies. To this end, the conditions described below apply to each separate phase for which a building permit is sought unless otherwise provided herein 4 of 8 4 High Street Downtown overlay Special Permit Modification July 24,2015 PRIOR TO ISSUANCE OF A BUILDING PERMIT 3) The Plans and this Notice of Decision must be recorded at the Essex North Registry of Deeds. Two (2) copies of the signed and recorded Plans and Notice of Decision must be delivered to the Planning Department, 4) A Performance Guarantee bond for the Previous Plans in the amount of$20,000 shall cover the conditions of Previous Plans and this modification and the release will be based on compliance with both decisions. PRIOR TO THE START OF CONSTRUCTION S) In consultation with the Town Planner, the Applicant shall designate an independent construction. monitor. The independent_ construction monitor must sign the 1 _,.-- "Independent Construction /Stormwater Monitor Letter of A, ,reernent" and return ' ' Planning Department. The monitor shall make weekly an or�:"maI copy to the inspections of the project site, provide monthly reports to the Planning Department, and immediately provide notice to the Planning Department detailing any areas of non- compliance and any corrective actions taken. The monitor will also provide reports following heavy rain events. The monitor must be available upon notice to inspect the site accompanying a Planning Department designated official. 6) A construction schedule shall be submitted to the Planning Department for the purposes of tracking major milestones and general construction. 7) A pre-construction meeting must be held with the developer, contractors, Planning Department, Applicant, and other applicable representatives to discuss scheduling of inspections and construction schedule. At this same meeting, the activities for conditions S & 9 below may also be conducted. S) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department prior to demolition of Building 37. 9) Stockpile areas for debris associated with demolition should be noted on Plans and approved by Planning Department, 10) The Applicant shall provide the Planning Department evidence of filing and approval of the EPA NPDES General Construction Permit(GCP)for this project. DURING DEMOLITION & CONSTRUCTION 11) Any stockpiling of materials must be maintained using all relevant Best Management Practices (BMPs) including covering of loose stockpiles and/or implementing dust mitigation measures. 5 of 8 4 High Street Downtown overiny Special Permit Modification July 24,2015 12) It shall be the responsibility of the Applicant to ensure that no erosion from the site of construction shall occur which will cause the deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off site construction. Off-site erosion will be a basis for the Planning Board to make a finding that the project is not in compliance with the Special Permit, and the board shall give the developer written notice of any such finding and provide ten (10) days to implement corrective actions. 13) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the construction site. 14) Hours of construction are limited from 7.00arn to 5:00pm Monday through Friday, and from 8:00am to 5:00pm on Saturdays. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 15) As rioted in Special Condition Two (2), the Board recognizes that the Project will be completed in multiple phases. To this end, for each phase of the Project for which a building permit is filed, the applicant must submit a letter from the architect or/and engineer of the project stating that the building and site layout substantially comply with the approved Plans for the specific phase. 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 for the particular phase, and/or prior to the use of the specific building for which the building permit is sought unless otherwise determined by the Board. 16) All slopes must be stabilized with regard to erosion and safety. 17) The lot must be raked, loamed, and seeded, sodded, or mulched, 18) The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. 19) All stormwater structures shall be cleaned, in accordance with the approved Stormwater Operation&Maintenance Plan. PRIOR TO THE RELEASE OF SECURITY AND/OR ESCROWED FUNDS 20) A final set of as-built plans showing final topography, location of utilities, structures, curb cuts, parking spaces and drainage facilities, and easements, must be submitted to the Planning Department. Plans shall show all relevant site elements including, but not limited to, stormwater infrastructure, landscaping, building footprints, impervious and pervious surface area, sewer and water connections, and other pertinent site features, One paper copy and one electronic copy (PDF) shall be submitted to the Planning Department. If over 1 year has elapsed from the issuance of the Certificate of Occupancy, the applicant must submit a second letter from the architect and/or engineer verifying that the on-site conditions still substantially comply with the approved Plans. 6 of 8 i 4 High Street Downtown Overlay Special Permit Modification July 24,2015 21) The Planning Board must by a majority vote make a finding that the final as-built plans and site are in conformance with the approved plan. 22) The Town Planner shall verify that all Planning, Conservation, Board of Health, and Division of Public Works requirements are satisfied and that construction was in compliance with all respective approved plans and conditions. GENERAL CONDITIONS 23) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 24) Gas, Telephone, Cable and EIectric utilities shall be installed underground as specified by the respective utility companies. 25) 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. 26) 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. 27) Any revisions shall be submitted to the Town Planner for review. 1f these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. The Planning Board holds the final authority on determination of changes to the plans. 28) This Special Permit Modification approval shall be deemed to have lapsed after July 24, 2017 (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 as determined by the Planning Board, 29) The following information shall be deemed part of the decision: Plan: West Mill Redevelopment Permitting Plan,North Andover Massachusetts Plan Sheets: C 1-C 16(C-3 revised) Prepared for: RCG West Mill NA LLC 17 lvaloo Street, Suite 100 Somerville, MA 02143 Prepared by: Horsley Witten Group,Inc. 90 Route 6A Sandwich,MA 02563 7 ors C I 4 High Street DOW1110wil Overlay Special Permit Ivlodiftcation July 24,2015 Date: September 25, 2014, revised December 3, 2014, revised January 6, 2015, January 22, 2015 and Signed by Engineer July 2, 2015. Report: Stormwater Analysis and Drainage Report: West Hill Redevelopment Prepared for: RCG West Mill NA LLC 17 Ivaloo Street, Suite 100 Somerville, MA 02143 Prepared by: Horsley Witten Group, Inc, Date: July 2015 Report: Operations &Maintenance Report: West Hill Redevelopment Prepared for: RCG West Mill NA LLC 17 Ivaloo Street, Suite 100 Somerville, MA 02143 Prepared by: Horsley Witten Group, Inc. Date: July 2015 cc: Town Engineer Building Inspector Conservation Administrator Planning Board Applicant Abutters Assessor's Office File 8 or 8