HomeMy WebLinkAbout2008-05-21 Decision Planned Development District Bk 11245 Ps 1 Oc 1.�115
REC61VED
JUL 9— 2008
N0k I r,NNUOVER
PLANNING DEPARTMENT
ABOVE FOR REGISTRY O.FDEEDS USE ONLY
COVER SHEET
TMS IS THE FIRST PAGE OF THIS DOCUMENT
DO NOT REMOVE
R GCS M o2-r H An1pUvE R MILLS LLC
Dkc
GRANTOR GRANTEE
1� I Gai S'T. 0 No a r if Npovtm
ADDRESS OF PROPERTY CITY/TOWN
TYPE OF DOCUMENT
MLC ASSIGNMENT
TYPE
DEED 6D
MORTGAGE `NOTICE D r D EC t SIDIV
TYPE
DISCHARGE SUBORDINATION
AFFIDAVIT CERT
TYPE
DEC OF HOMESTEAD UCC
TYPE
DEC OF TRUST
OTHER
DESCRIBE
Essex North Registry of Deeds
Robert F. Kelley, .Register
354 Merrimack St. Suite 304
Lawrence, MA 01.843
(978) 683 2745
www.lawrencedeeds.com
Bk 11245 Pg 110 #18115
�04,,K �o ;,•;�tio Town of North Andover
p Office of the Planning Departmerl ', L. � 3
Community Development and Services Division € ! c
��S°°^•�• `g 1600 Osgood Street
North Andover, Massachusetts 01845
Thls.Is to certify that twenty(20)days
NOTICE OF DECISION have elapsed from date of dedslon,filed
wlthoutfiling of en NO
pate UAlE roe
Any appeal shall be filed Joyce A.Sivdahaw
within(20) days after the Town Clark
date of filing this notice in
the orrice of the Town Cleric.
Date, May 21,2008
Date of Hearings.,216/08,3/4/08,4115108
and$16108
Date of Decision.May 20,2008
Application oh RCG North Andover Mills LLC
c/o RCG,LLC
17)valoo:Street,Suite 100
Somerville,Massachusetts 02143
Premises Affected: 21 High Street, North Andover,MA 01845, within the Industrial S Zoning
District,Assessors Map 69,Parcel 1,and Map 68,Parcel 10.
Referring to the above Application for .Planned Development District Special Permit under the
requirements of the North Andover Zoning Bylaw, Sections 11, 10.3,and 10.31 and MGL C.40A, Sec. 9
so as to allow for the construction of Phase MA of a mixed-use redevelopment which includes the
renovation and conversion of approximately 65,000 s.f. of existing vacant space to fifty (50) residential
one&two bedroom units,the conversion of other space within the existing building to commercial uses,
expansion of surface parking to add 149 new parking spaces, landscape and access improvements,
drainage and stormwater management improvements,and other improvements as described in the"Plans"
cited below.
After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A
PLANNED DFNTLOPMENT DISTRICT SPECIAL PERMIT based upon the following conditions.
Isq�.2 ASN��hAndn����ver Plannipg Board
John Simons,Chairman
6C.0 it V e D H eae Wt'TFl Alberto Angles,Vice Chairman
Jennifer Kusek,Clerk
Richard Rowen ,
Richard Nardella
Tian Seibert,Alterride•
ATTEST,
A True Copy
-Town Clerlf
Bk 11245 Pg 111 #18115
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kCG North Andover Mills, LLC.—Phase ILA
Special Permit-Planned Development District
Conditional Approval
The Planning Board hereby APPROVES the Planned Development District Special Permit for Phase ILA
of a mixed-use development which includes the renovation and conversion of approximately 65,000 S1
of existing vacant space to fifty (50) residential one & two bedroom units located within the second and
fourth floors of Building 93A and fourth and fifth floors of Building #1, the conversion of other space
within the existing buildings to commercial uses, expansion of surface parking to add 149 new parking
spaces, landscape and access improvements, drainage and stormwater management improvements, and
other improvements as described in the"Plans"cited-below.
This special permit was requested by RCG North Andover Mills LLC, 17 ivaloo Street, Somerville, MA
02143 on January 18, 2008. RCG North Andover Mills LLC submitted a complete application on
February 27, 2008. The application was noticed and reviewed in accordance with the procedures for
approval described in Section 11, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MOIL
c.40, sec. 9. The area affected is located at 21 High Street. Map 69 ParceI I and.Map 68, Parcel 10
totaling approximately 986,867 square feet and located in the I-S Zoning District,
The Planning Board makes the following findings as required by the Town of North Andover Zoning
Bylaw,Sections 10.3, 10.31,and 11.
I. The specific site is an appropriate location for a Planned Development District as it is located in the I-
S Zoning District and the PDD plan meets the minimum requirements required by Section 11.4 of the
Town of North Andover Zoning Bylaw. Consistent with the objective of the PDD Zoning Bylaw
provisions under Section 11.2,the Project will provide for a mixture and diversity of retail,residential
and other uses which do not detract from, but which will enhance,the livability and aesthetic qualities
of the Machine Shop Village and other neighboring downtown areas. As a project that is proposing
to utilize existing buildings, the proposal will promote the efficient use of land while protecting
natural resources,such as water resources,wetlands,and floodplains.
2. The use as developed will not adversely affect the neighborhood as this site is located in the
Industrial-S Zone .and within the Machine Shop overlay district, Further, the Project provides
appropriate building, landscaping, and screening setback from adjacent properties. There will be no
change in architectural style of existing buildings, and the use is suited for its proposed location in
proximity to the downtown and abutting residential,commercial and retail uses.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant submitted a
traffic study dated December 2007 to the Planning Staff and Division of Public Works and the study
was found to be accurate and sufficient for the proposed project. The Project will use existing
vehicular entries and exists, as well as onsite parking.areas,Which will result in no hazard to vehicles
and pedestrians.
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The project will be on town water and sewer and has been determined acceptable by the Department
of Public Works. With the addition of 149 new parking spaces, the Property includes a sufficient
number of parking spaces well in excess over the zoning requirements for the current and proposed
uses.
5. Since the project proposes uses during Phase ILA are to be located at existing buildings, there will be
no visual impacts that would be incompatible with the historic nature of the neighborhood.
6. The project will have no impact on the natural environment. The proposed drainage improvement
and construction of the new drainage culvert will improve onsite stormwater management.
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Bk 11245 Pg 112 #18115
kCG North Andover Mills,LLC.—Phase I I.A
Special Permit-Planned Development District
Conditional Approval
7. On January 15, 2008, the Planning Board approved the Preliminary Planned Development District
Special Permit for the second please (Phase 11) of the multi-phased, mixed-use development which
included: (a) the redevelopment and conversion of 65,000 s.f. of existing buildings to 50 1- and'2-
bedroom apartments to be located on the ground floor of Building No. 3A, and tipper floors of
Buildings I, IA, 3, 3A,and 32, with an address of 120 Water Street; (b)renovation of 50,000 s.£ of
existing space for commercial uses allowed in the Planned Development District; (c) construction of
new parking spaces to support the proposed uses; (d) construction of 39-unit residential building
located adjacent to the existing mill pond; (e) construction of 98 new one- and two-bedroom
residential units proposed to be located on and adjacent to the existing struetured.parking garage;and,
(f) streetscape and associated improvements to the parking areas and landscaping. This Decision
relates solely to items(a),(b),and(c)of Phase If ("Phase II.A.").
The Planning Board also makes findings under Section 111 of the Zoning Bylaw.that Phase ILA of this
PDD is in harmony with the general purpose and intent of the Bylaw, including Sections 11.2 and 10.3,
.and that the PDD provides for a mixture of land usage at designated locations at greater density and
intensity than would normally be allowed.
In particular,the Planning Board finds that this project:
1, Does not detract from the livability and aesthetic qualities of the environment. The project will
provide for a mixture and diversity of retail, residential and other uses which will enhance the
livability and aesthetic qualities of the Machine Shop Village and other neighboring downtown areas.
Further,the project will preserve the existing architectural style of the mill buildings.
2. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. The
proposed uses are permitted under.the PDD provisions of the Zoning Bylaw,and will serve to provide
a mix of uses consistent with the Town's objectives in the Machine Shop Village area. The project
will return a portion of a largely vacant and underutilized property back into productive use. Further, .
the proposed uses will further provide for pedestrian amenities to complement the surrounding uses.
The project will enhance the aesthetics of the property with new streetseape amenities, landscaping,
and screening.
3. Promotes more efficient use of land while protecting natural resources, such as water resources,
wetlands, floodplains and wildlife. Phase ILA of the project includes the renovation of existing
buildings and will have no impact on the natural environment.
4. Promotes a diversity of housing opportunities at a variety of costs within North Andover's downtown.
SPECIAL CONDITIONS:
Finally, the Planning Board finds that the Planned Development District complies with Town Bylaw
requirements so long as the applicant complies with the following conditions,'
I. 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. The Environmental Monitor shall make inspections as determined necessary by the Town
Planner to assure compliance with this decision. The monitor shall meet with the Town Planner at
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Bk 11245 Pg 113 #181.1.5
R.CG North Andover Mills, LLC.--Phase ILA
Special Permit-Planned Development District
Conditional Approval
appropriate intervals and file monthly written reports to the Planning board detailing areas, if any, of
non-compliance with approved plans and conditions of the site plan approvals,
2. Construction Monitor. 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) hours' notice to inspect the site with the Planning Board designated official. The
Construction Monitor shall make 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. The designated monitor may not be the
applicant and/or developer. The designated monitor may not be applicant and/or developer. The
weekly inspections and monthly reports provided to the Planning Department shall include the
following.
a) site clearing;
b) erosion control;
c) drainage and detention structures;
d) on-site water and sewer utilities;
e) parking spaces and related pavement;
f) curb cuts;
g) retaining walls;
h) site screening, landscaping and street trees;
1) site restoration;
j) final site cleanup.
3. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which
Will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally
ancillary to off--site sewer and other on-site construction. Off site erosion in relation to tha
streetscape improvements will be a basis for the Planning Board making a finding that the project is
not in compliance with the plan.
4. Prior to endorsement of the plans (described in Paragraph 4.c.(2) through (6) below)(the "Final
Plans")by the Planning Board and recording the same with the Registry of Deeds,the Applicant shall
adhere to the following:
a. The applicant shall post(per agreement with the North Andover Planning Board)a Site Opening
Bond in the amount of five thousand (55,000) to be held by the Town of North Andover. The
Guarantee shall be in the form of a check made payable to the Town of North Andover escrow
account. This amount shall cover any contingencies that might affect the public welfare such as
site-opening, clearing, erosion control and performance of any other condition contained herein,
prior to the posting of the Performance Security as described in Special Condition 8(a) of this
Conditional Approval. This Performance Guarantee may at the discretion of the Planning Board
be rolled over to cover other bonding considerations, be released in full, or partially retained in
accordance with the recommendation of the Planning Staff and as directed by the vote of the
North Andover.Planning-Board.
b. Any new conservation easements relative to the Project must be supplied to Planning Staff and
reviewed and approved by Town Counsel.
c. For purposes of this Decision, The Planning Board Approves the following building designs as
depicted in the following"Plans"as follows:
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Bk 11245 Pg 114 #18115
RCG North Andover,Mills, LLC.—Phase ILA
Special Permit-Planned Development District
Conditional Approval
i. An existing conditions survey entitled"ALTA/ACSM Land Title Survey, Water St.and High
St.,North Andover,MA,"dated January 8,2007, prepared by Coneco, Engineer, Scientists,
and Land Surveyors,4 First Street, Bridgewater, MA,02324;
ii. Set of definitive plans,consisting of nine (9)sheets,entitled"Submission of Definitive Plan
Phase.11A, East Mill,-High Street,North Andover, MA,"dated May 15,2008,prepared by
Design Consultants, Inc.,265 Medford Street,Somerville, MA 02I43;
iii. A set of residential unit plans, consisting of five(5)sheets, entitled"North Andover Mills,"
dated January 10,2008,prepared by Khalsa Design, Inc., including,Second Floor Plan ,
Bldg.:3 (Dwg. A-102),Third Floor Plan, Bldg.3 (Dwg.No.A-103),Fourth Floor Plan,
Bldg.3 (Dwg,No.A-104),and Fifth Floor Plan,Bldg, 3 (Dwg,No,A-105); and
iv. A roadway and landscaping plan entitled"Landscape Plan—East Mill, Phase ILA"consisting
of three(3)sheets(LI A,L2.0 and L.3.0), dated May 15,2008,prepared by LandWorks
Studio, Inc.;
5. Recording of Decision and Plans:
Prior to the issuance of a Building-Permit, a copy of this Decision, including the Phased Development
Schedule attached hereto, shall be recorded with the Final Plans, and one certified copy of the
recorded decision and Final Plans must be submitted to the Planning Department.
6. Prior to the Start of Constraeflon:
a. A pre-construction meeting shall be held with the applicant, Town Planner, Director of
Engineering from the Department of Public Works, Building Inspector, and the designated
Environmental Monitor and Construction Monitor as'listed in Special Conditions#1 and #2. The
purpose of this meeting will be to review the phasing of the development. The applicant will also
discuss the traffic mitigation and any possible road closures and/or traffic mitigation which may
occur as a result of the installation,
b. A 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.
7, Throughout and During Construction:
a. Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the
Town Planner,throughout the construction process.
b. Street sweeping must be perfonned,at least once per month, throughout the construction process,or
more frequently as directed by the Town Planner.
e. Hours of operation during construction are limited from 7 a.m,to 7 p.m., Monday through Friday
and 8 a.m,--5 p.m.on Saturdays,
8. Prior to the issuance of a Building'Permit:
a. A Performance Guarantee in an amount to be determined by the Planning board,shall be posted to
ensure completion of the work in accordance with the Plans approved as part of this conditional
5
i
Bk 11245 Pg 115 #18115
RCG North Andover Mills,LLC.-Phase ILA
Special Permit-Planned Development District
Conditional Approval
approval. The bond must be in the form acceptable to the North Andover Planning Board, Items
covered by the Bond may include,but shall not be limited to:
i. as-built drawings;
ii. sewers and utilities;
iii. roadway construction and maintenance;
iv, lot and site erosion control;
V. site screening and street trees;
vi. drainage facilities;
vii. site restoration;and
viii. final site cleanup.
b. The applicant shall adhere to the following requirements of the fire Department and the Building
Department;
i. All structures trust contain a residential and/or commercial fire sprinkler system. The plans
and hydraulic calculations for each residential and/or commercial system shall be submitted
for review and approval by the North Andover Fire Department. Plans and hydraulic
calculations for each residential and/or commercial system must also be supplied to the
Building Department when applying for a building permit.
c. The applicant must comply with the Section 4.2 of the Town of North Andover Zoning Bylaw
until such time as Section 4.2 expires on July 1, 2009 unless .otherwise amended or waiver
granted by the Planning Board,
d. The applicant is required to pay sewer mitigation fees in accordance with the current and
prescribed policies at the Department of Public Works. These fees are based on the number of
bedrooms. Proof of payment must be supplied to the Planning Department.
e. The applicant, its employees, successors or assigns, shall be obligated to become a participating
member of the Merrimack Valley Transportation Management Association(MVTMA), subject to
payment of all dues and other obligations of membership and such membership shall apply to all
phases of this project. The applicant, its successors or assigns, shall remain a member:for a
period of two(2)years commencing within six(6)months after the date this Decision is recorded
and shall be required to file a declaration stating such membership is current on or before January
15't'annually to the Planning Department.
Information regarding the MVTMA can be obtained from the Planning Department. If the
applicants, its employee's successors or assigns are required to comply with a substantial increase
in the fees required by the MVTMA,or other unforeseen complications relative to their required
membership in the MVTMA or obligations therefore shall arise, the applicants, its employees,
successors or assigns shall have the opportunity to appear before the Planning Board. The
Planning Board shall then determine whether or not such required membership in the MVTMA
shall continue,
9. Prior to verification of a Certificate of Occupancy.
a. The applicant shall adhere to the following requirements of the North Andover Fire Department and
the North Andover Building Department. All structures must contain a residential and/or commercial
fire sprinkler system, Said fire sprinkler systems must be installed in accordance with referenced
standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State
Building Code. Certification that the systems have been installed properly in accordance with the
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Bk 11245 Pg 116 #18115
RCG North Andover Mills,LLC.-Phase ILA
Special Permit-Planned.Development District
Conditional Approval
above referenced regulations must be provided from both the North Andover Fire.Department and
the North Andover Building Department to the applicant. The applicant must then provide this
certification to the North Andover Planning Department.
10. Prior to final release of security:
a. The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the applicant'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 must be submitted to and reviewed by the Planning
Staff and the Division of Public Works.
11. if applicable, tree cutting shall be kept to a minimum throughout the project to minimize erosion and
preserve the natural features of the site.
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
14. The Applicant has filed with the Planning Office an Open Space Plan along with a form of
Conservation Restriction encompassing an area meeting the Usable, Open Space requirements under
Section 11.5 ofthe:Zoning Bylaw. Such Conservation Restriction shall be executed by the Applicant
and held by the Planning Board in escrow until such time as .the improvements proposed on the
Property(including uaose lmprovernen's related to Phase 1, Phase 11, and such other phases approved
by the Planning Board) are substantially completed, and the final terms of the Conservation
Restriction are satisfactorily agreed upon by the Applicant and Planning Board prior to the recording
of the same,
15, This special permit approval shall be deemed to have lapsed after May 20, 2010 (two years from the
date permit.granted)unless substantial construction of roadway and utilities has commenced.
16. The provisions of the Special'Permit shall apply to and be binding upon the applicant, its employees,
contractors and subcontractors and al I successors in interest or control.
17. The developer shall implement and follow all requirements set forth in this decision (Special
Conditions 1-14), the plans and reports referenced below and previous decisions issued by Planning
Board for Phase I of this project, Failure to comply with all requirements therein and the conditions
of this approval shall be the basis for the Planning Board, voting by mgjority vote, to stop all site
work and construction until defects on the site are corrected and the development is put back into plan
compliance. Plan compliance will be solely determined by a majority vote of the Planning Board
based upon the developers written comments and the conditions contained herein.
18. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a
determination by the Board whether such changes would merit a public meeting or hearing and/or
Special Permit modification.
19. The following materials and plans are included as part of this decision-
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Bk 11245 Pg 117 #18115
RCG North Andover Mills,LLC,-- Phase ILA
Special Permie-Planned Development Distriel
Conditional Approval
Report titled: Application for Definitive Plan Approval for Planned Development District
.(PDD) Special Permit—Phase IIA
Prepared for: RCG North Andover Mills, LLC.
17 Ivaloo Street
Somerville, MA 02143
Prepared by: RCG North Andover Mills,LLC.
17 Ivaloo Street
Somerville,MA 02143
Dated: Received January 18, 2008, Revised May 15,2008
Attachements: A through G
Report titled: Drainage Report for East Mill Phase 11A
North Andover, MA
Prepared for: RCG North Andover Mills, LLC.
17 fvatoo'Street
Somerville,'MA:02143
Prepared by: Design Consultants,Inc.
265 Medford Street
Somerville,MA 02143
Dated: Received February 2008,Revised 3/3108,4/8/08
APPEAL: Any person aggrieved by.this Decision by the Planning Board, if any, may file.an appeal of
this Decision by bringing an action within twenty(20)days after the Decision has been tiled in the Office
of the Town Clerk pursuant to-Section 17 of Mass.Gen. Laws Chapter 40A.
cc: Applicant
Engineer
File
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Bk 11245 Pg 118 #18115
�xh�b�t A
Town of North Andover
. Office of the Planning Department
*_ - Community Development and Services jrDivision
°,a.� ,�:,• ,` 1600 Osgood Street
��S�cHvse North Andover, Massachusetts 01845
NOTICE OF PHASED DEVELOPMENT SCHEDULE -- 2007-2011
Application of•. RCG North Andover Mills LLC
17 IValoo Street
Somerville,Massachusetts 02143
Premises Affected: East Mill -• Phases I and ILA, 120 'Water Street, North Andover,
MA,within the Iladustnat S ,Zoning District as modified pursuant to
the Planned Development District Zoning Bylaw(Section 11) Special
Permit,Assessors Map 69,Lot 1 and Map 68,Lot 1.
Referring to the requirements of the North Andover Zoning Bylaw, Section 4.2 of the North
Andover Zoning Bylaw(Phased Development Bylaw), this form represents the schedule for allowing the
following dwelling units to be considered eligible for building permits under the Town of North Andover
Phased Development Bylaw (Section 4.2 of the North Andover Zoning Bylaw). Pursuant to Section 4:2,
this Phased Development Schedule must be recorded with the Planned Development District Special Permit
Decision with the Town Clerk,and no building permits for residential units shall be Issued pursuant to this
schedule until the Applicant records the approval Decision with the Phased Development Schedule at the
Essex.North District Registry of Deeds.
The Planning Board,by its signature or by the signature of duly authorized representative below,
does hereby establish for East Mill--Phases l (20 Units)and N.A.(50 Units),the above-referenced
development schedule-that Iimits the number of building permits that can be issued for the residential units
as part of the Bast Mill—Phase 1 and Phase ILA Projects approved as part of the Planned Development
District Special Permits issued pursuant to Section I I of the North Andover Zoning Bylaw. The Applicant,
its successors and assigns shall conform to the following schedule that limited the number of residential
units eligible for building permits for the years identified below.
Total Residential UnitsF2097
mber of Units for Which Number of Units for
Phases I and ILA ding Permits Can Be Which Building Permits
ed in Calendar Year Can Be Issued in
Calendar Year 200E
70 14 14
Total Residential Units Number of Units for Which I Number of Units for
--Phase II.A Building Perutits Can Be Witich Building Permits
Issued in Calendar Year Can Be Issued in
2009 I.Calendar Year 2010
14 14
Number of Units for Which
Bui€ding Permits Can Be
Issued in Calendar Year
2011
14 Total 70 Units
1
Ek 11245 Pg 119 #18115
F -r
}AORTN 2 1 ; ,?
�• L.t1
Town of North Andover
Office of the Planning Department
Community Development and Services Division t
s�b,,,,e•r' � 1600 Osgood Street
North Andover, Massachusetts 01W
NOTICE OF PHASED DEVELOPMENT SCHEDULE -- 2007-2011 (Cont'd)
Thh;Notice of Phased Development Schedule supersedes the Notice of Phased Development Schedule for
Phew l recorded wills The Essex North District Registry of Deeds ill Book 10993,Page 5:1.
Signature of Planning Board Member or Authorized Representative
r-- Date: May,4,2008
Signature of Property Owner or Authorized Representative
Date: May.;l/,2008
/ECG Iltors r 'Alf/X�PLC
ir3 r�oj
2