HomeMy WebLinkAbout2008-05-21 Decision Site Plan Review Gk 11245 Ps99
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i Essex North Registry of Deeds
Robert F. Kelley, Register
354 Merrimack St. Suite 304
Lawrence, MA 01.843
(978) 683-2745
www.iawirencedeeds.com
Bk 11245 Pg 100 #18114
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0�04 Town of North Andover
p Office of the Planning Department
}off p# Community Development and Services DivUl Y 21
1600 Osgood Street
ShCHUS
North Andover, Massachusetts 01845 a
NOTICE OF DECISION This is to certify that twenty(20)days
have eiapsOd Rom 406 of decision.filed
vyflhou#fiiing of an&plpo I
Any appeal shall be filed Date
within(20)days after the Joyce A.Bradshaw
date of filing this notice in Toym Verk
the office of the Town Clerk.
Date: May 21,2008
Date of Hearing: 2/6/08,3/4/08,4/15/08
and 5/6/08
Date of Decision: May 20,2008
Application of. RCG North Andover Mills LLC
c/o RCG,LLC
17 Ivaloo 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 a Site Plan Review Special Permit from the requirements of the
North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MOL C.40A, Sec. 9 so as to allow for
the construction of Phase ll.A 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
SITE PLAN SPECIAL PERMIT based upon the following conditions:
SG& IPLAt-J NO. (Sq (02 .6 f ltAF'
North Andover P nning Board
A 5 kec'o zvel) Heakw t'rt ki John Simons,Chairman
Alberto Angles, Vice Chairman
Jennifer Kusek,Clerk
� r
Richard Rowen
1
Richard Nardella
Tim Seibert, Alternate
ATTEST:
A.True Copy.
Town Clerk, '
Bk 11245 Pg 101 #18114
RCG North Andover Mills, LI,C.—Phase ILA
Site Plan Review Special Permit
Conditional Approval
May 20,2008
The Planning Board hereby unanimously APPROVES the Site Plan Special Permit for Phase ILA 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 twits, 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
This Application for Special Permit was filed by RCG North Andover Mills LLC, 17 Ivaloo Street,
Somerville, MA 02143 on January 18, 2008. The area affected is located at 21 High Street, Map 69
Parcel 1 and Map 68, Parcel 10 totaling approximately 986,867 square feet and located in the I-S Zoning
District, The Applicant submitted a complete application which was noticed and reviewed in accordance
with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9.
The Applicant has filed with the Planning Board all plans and reports required under the North Andover
,Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the
North Andover Zoning Bylaws. During the review process, the Applicant and its professional consultants
also submitted various revisions to the plans along with various supplemental memoranda and
correspondence in response to requests by the Planning Board, and by the various departments within the
Town of North Andover that reviewed the project. All of these plans, reports and correspondence are
contained in the Planning Board's files and are hereby incorporated by reference into the public record for
this hearing.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3,as well as Section 9 of M.G.L.c.40A:
I. The specific site is an appropriate location for a Planned Development District (PDD) 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.
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 Village 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. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw and provides for sufficient buffering for the surrounding area and abutting
residential properties.
5. The site drainage system has been reviewed by the Division of Public Works. No significant changes
are proposed for the site regarding drainage facilities or impervious areas.
6. The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan Review,
including all filing requirements as stated in Sections 8.3. 10.3 and 10.31 of the Zoning Bylaw.
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Bk 11245 Pg 102 #18114
RC(;North Andover Mills,LLC.—Phase ILA
Site Plan Review Special Permit
Conditional Approval
May 20,2008
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use and
the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will
provide for municipal water, sewer and utilities on the property to adequately address the needs of the
project.
Finally the planning Board finds that this project complies with the Town of North Andover Zoning
Bylaw requirements as listed in Section 8.3, 10.3 and 10.31 but requires conditions in order to be frilly in
compliance. The Planning Board hereby unanimously votes to both grant the requested waivers as
described in the Applicant's application, and also unanimously votes to grant approval of the Applicant's
proposed project as described in the "Plans" and other supporting information described in the public
record,provided the following conditions are met;
SPECIAL CONDITIONS:
1. Permit Definitions:
a. The "Locus" refers to the 986,867 s.f, of land with frontage on High Strect and Water Street;as
shown on Assessors Map 99, Parcel 1, and Map 68, Parcel 10, and also known as 21 High Street
and 120 Water Street,North Andover,Massachusetts.
b. The"Plans"refer to the plans as follows:
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;
2. Set of definitive plans, consisting of nine (9) sheets, entitled "Submission of Definitive Plan
Phase IIA, East Mill, High Street, North Andover, MA," dated May 15, 2008, prepared by
Design Consultants, Inc.,265 Medford Street,Somerville, MA 02143;
3. 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
4. A roadway and landscaping plan entitled"Landscape Plan—East Mill, Phase II.A"consisting
of three (3) sheets (1-1.0, L2.0 and 1-3.0), dated May 15, 2008, prepared by LandWorks
Studio, Inc.
c. The "Project" or "East Mill — Phase ILA" refers to 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 stated in the Plans;
d. The"Applicant"refers to RCG North Andover Mills LLC,the applicant for the Special Permit.
e. The"Project Owner" refers to the person or entity holding the fee interest to the title to the Locus
from titne to time, which can include but is not limited to the Applicant, developer,and owner.
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Bk 11245 Pg 103 #18114
RCG North Andover Mills, LLC. --Phase ILA
Site Plan Review Special Pennit
Conditional Approval
May 20,2008
2. Environmental Monitor: The developer shall designate an independent Environmental Monitor who
shall be chosen in consultation with the Planning and Community Development Staff. Tile
Environmental Monitor must be available upon four (4) hours notice to inspect the site with the
Planning Board designated official. The Environmental Monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products if applicable.
I 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 areas of non-
compliance and actions taken to resolve such issues. 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;
i. Site restoration;
j. Final site cleanup;and
k. Temporary storage of construction debris,dirt,and equipment.
4. PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
a. The final plans described in Paragraph Lb(2) through (4) (the "Final Plans") must be reviewed
and approved by the DPW and the Planning Department and be endorsed by the Planning Board,
The Final Plans shall be modified to include a Planning Board endorsement block and must be
submitted for review within ninety(90)days of filing the decision with the Town Clerk. Failure
to submit and obtain Planning Board endorsement within the 90-day period will automatically
cause the approval to become nul I and void.
b. The final site drainage system must be designed in accordance with the Town Bylaw
requirements and reviewed by the Division of Public Works. All storm water drainage control
facilities utilized by the site shall be shown on the site plan. Written confirmation of said review
and approval by the Department of Public Works must be submitted to the Planning Department.
c. A bond in the amount of five thousand ($5,000)dollars must be posted for the purpose of insuring
that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking
spaces, topography, and drainage facilities is submitted. The bond is also in place to insure that
the site is constructed in accordance with the approved plan. The form of security must be
acceptable to the Planning Board.
d. All site plan:application and escrow fees must be paid in full and verified by the Town Planner.
4
Bk 11245 Pg 104 #18114
RCG North Andover Mills, LLC.—Phase ILA
Site Plan Review Special Permit
Conditional Approval
May 20,2008
5. PRIOR TO THE START OF CONSTRUCTION:
a. 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.
b. All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
c. 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 or other 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.
d. A pre-construction meeting must be held with the developer, their construction employees,
Planning Department, Building Department, Town Engineer, and Police Department to discuss
scheduling of inspections, the construction schedule, and the process/method of informing the
public of the anticipated activities on the site. The applicant will also discuss the traffic
mitigation and any passible road closures, which may occur as a result of the construction. The
applicant will coordinate with the North Andover Police Department if the construction of the
project necessitates Police traffic details. Minutes of the meeting must be submitted to the
Planning Board prior to the start of construction.
? e. The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all other North Andover Land-Use Boards or departments. In addition to receipt of
these plans, the Applicant shall supply the Town Planner with a letter outlining any and all
revisions resulting from said permits, plans and decisions received from other town boards,
i
commissions and departments that differ from the approved plans.
j 6. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a. Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
i
b. One certified copy of the recorded decision must be submitted to the Planning Department.
c. The project owner sball adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department.
1. All structures must contain a residential and/or commercial fire sprinkler system. The plans
and hydraulic calculations for each commercial system shall be submitted for review and
approval, if required, 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.
d. 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
i phases of this project. The applicant, its successors or assigns, shall remain a member for a
5
Bk 11245 Pg 105 #18114
RCG North Andover Mills,LLC.--Phase ILA
Site Plan Review Special Permit
Conditional Approval
May 20,2008
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
l 5'h 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.
7. DURING CONSTRUCTION:
a. During construction, the site must be kept clean and swept regularly throughout the construction
process. Dust mitigation, dewatering and roadway cleaning must be performed weekly, or more
frequently as dictated by site and weather conditions and as directed by the Town Planner.
b. The plans for the stockpiling of materials (dirt, wood, construction material, etc.)must be shown
on a plan and reviewed and approved by the Town Planner. The developer will make every effort
to locate stockpiles on the site and away from abutting residential properties. Any approved piles
must remain covered at all times to minimize potential dust and the project owner will be required
to install appropriate erosion control measures.
c, In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that will emanate sounds from the structures or site.
d. The Town Planner will perform monthly inspections of the site during construction to ensure that
the developer is adhering to the conditions set forth in the decision.
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. For purposes of Phase ILA and the
construction of residential units,said letter may be submitted in reference to single or multiple units.
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 parking area.
b. The Planning Staff shall approve all new artificial lighting used to illuminate the site. All new
lighting shall have underground wiring and shall be so arranged that all direct rays from such
lighting falls 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 a site lighting plan for any new site
lighting. Any changes to the approved lighting plan as may be reasonably required by the
Planning Staff shall be made at the owner's expense. The Applicant must submit a letter from the
architect and engineer of the project stating that the building, signs, landscaping, lighting and site
layout substantially comply with the Plans referenced at the end of this decision as endorsed by
B
Bk 11245 Pg 106 #18114
RCG North Andover Mills, LLC.-- Phase 1[.A
Site Plan Review Special Permit
Conditional Approval
May 20,2008
the Planning Board. All site lighting shall provide security for the site and structures, however, it
must not create any glare or project any light onto adjacent residential properties,
c. The residential and/or commercial 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 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.
d. 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 additional screening or buffering measures 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 structures and facilities must be submitted to the Planning
Department. The Applicant must submit a letter from the architect and engineer of the project stating
said items substantially comply with the plans referenced at the end of this decision as endorsed by
the Planning Board.
10. All site work and external construction activity shall be. limited to between 7:00 a.m, and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m.on Saturday.
IL Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die shall be replaced immediately by the owner(if seasonally feasible). Ail plantings
and screening depicted on the approved plans shall remain in perpetuity over the life of the project.
Reasonable substitutions may be allowed as determined by the Town Planner, but size and coverage
must be maintained throughout the duration of the project.
12, The contractor shall contact Dig Safe at least 72 hours prior to cornmencing any excavation.
13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
14. No open burning shall be done except as is permitted during burning season under the lire
Department regulations.
15. No underground fuel storage shall be installed except as may be allowed by Town Regulations.
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Bk 11245 Pg 107 #18114
RCG North Andover Mills, LI,C.—Phase ILA
Site Plan Review Special Permit
Conditional Approval
May 20,2008
16, 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.
17. The Owner will haul any required snow off-site to the extent that such accumulated snow interferes
with parking and access on the Property.
18. Truck deliveries for goods and merchandise for the retail uses shall occur only between the hours of
6 a.m. and 9 p.m. seven days a week. Trash pickup from the dumpster shall be limited to between
the hours of 7:00 am to 9 pin., seven days a week. The dumpster and dumpster enclosure shall
remain closed except when trash deposit,removal and pickup operations are being conducted.
19. The Planning Board requires that the project be built in accordance with the herein referenced plans
and specifications and in full accordance with the design elements and features displayed and
discussed during the Public Hearings and in strict accordance with all conditions contained herein.
Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8
of the boning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be
substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning
Board for approval.
20. This Special Permit approval shall be deemed to have lapsed after May 20, 2010 (two years from
the date permit granted) unless substantial use or construction has commenced. Substantial use or
construction will be determined by a majority vote of the Planning Board.
21. The following information shall be deemed part of the decision;
Report titled: Application for Definitive Plan Approval for Planned Development District
(PDD)Special Permit--Phase IIA
Prepared for: RCG North Andover Mills,LLC,
171valoo 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 lvaloo Street
Somerville, MA 02143
Prepared by: Design Consultants, Inc.
265 Medford Street
Somerville, MA 02143
Dated: Received February 2008, Revised 3/3/08,4/8/08
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Bk 11245 Pg 108 #18114
RCG North Andover Mills,LLC.—Phase ILA
Site Plan Review Special Permit
Conditional Approval
May 20,2008
APPEAL: Any person aggrieved by this Decision by the planning Board,H)Cai)y, ngj,, fi 'Wjp� of
this Decision by bringing an action within twenty(20)days after the Decision has been filed in the Office
of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A.
cc: Town Departments
Applicant
Engineer
Abutters
9