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HomeMy WebLinkAbout2007-10-15 Decision Planned Development District t Sk 10973 P 44 6 Y34793 RCG North Andover Nils,LLC.--Please I 12--07---2007 a 1?2 31 s, Special PerMt-Planned Development District F r; J' Conditional Approval r.•`i'''° - `'°�7" Town of North Andover 2007 OCT 15 P11 t. }� 66 t� •� a• L� Office of the Planning Department_ Community Development and Servke*t��+�ri,;r•-. " 1600 Osgood Street ,�.";►.'Z; �ssACHUg�'; . North Andover,Massachusetts 01W NOTICE OF DECISION This is to certify that twenty(20)days have elapsed from date of dedsl6n.filed without filing of an a peal. Any appeal shall be filed Date within(20)days after the Joyce A,eradshvW date of filing this notice in 'rawn Claris the office of the Town Clerk. Date: October 15,2007 Date of Hearing: 9118107, 1012107 Date of Decision: October 12,2007 Application of: RCG North Andover Mills LLC c/o RCG,LLC 17Ivaloo 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 Please I of a mixed-use development which includes the conversion of 35,000 square feet of existing office space to 15,000 square feet of rewl/office space, and 20,000 square feet into a total of twenty (20) apartments consisting of a mix of both 1- and 2-bedroom units, landscape work, streetscape improvements, and other improvements as described in the "Plans" cited below. After a public hearing given on the above date,the Planning Hoard voted unanimously to APPROVE A PLANNED DEVELOPMENT DISTRICT SPECIAL PERMIT based upon the following conditions: art&Andover I'larcni Board Richard Nardolla,Chairman John Simons,Vice Chairman Jennifer Kusek,regular member 'liar Seibert,alternate member ATTEST: A True Dopy oy-6, Town Clerk rt ' Bk 1.0993 Pg 47 #34793 RCG North Andover Mills,LLC.—Phase I Special Permit-Planned Development District 1 Conditional Approval r� 2007 OCT IS NJ 1,: 1 � The PlanningBoard hereby"PROVES the Planned Development District Spec Y p p a mixed-use development which includes the conversion of 35,000 square feet of existing cifilce`sp de'to 15,000 square feet of retail space and twenty 1- and 2-bedroom apartments, landscape work, streetseape 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 August 17,2007. RCG North Andover Mills LLC submitted a complete application on August 17, 2007. 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 MGL c.40,sec. 9. The area affected is located at 21 High Street, Map 69 Marcel 1 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, 10.3 1,and 11. 1. Since the project proposes uses that are to be located at existing buildings, there will be no visual impacts that would be incompatible with the historic nature of the neighborhood. 2. The project will have no impact on the natural environment. The Planning Board also makes findings under Section 11.2 of the Zoning Bylaw that 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 streetscape amenities, landscaping, and screening. 3. Promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains and wildlife. Phase I of the project include the renovation of existing buildings and will have no impact on the natural environment. 4. Promotes diverse,energy-efficient housing at a variety of costs within North Andover's downtown. 2 Bk 10993 Pg 48 #34793 RCG North Andover Mills,LLC.—Phase I Special Permit-'Planned Development District Conditional Approval 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: 1. 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 Plannnirig 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 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. 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 off-site construction. Off-site erosion in relation to the streetscape improvements will be a basis for the Planning Board making a finding that the project is not in compliance with the plan. SPECL&L CONDITIONS: 3. Prior to endorsement of the plans (described in Paragraph 3.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 ($5,000) 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 Condition 6b of this Conditional Approval. This Performance Guarantee may at the discretion of the Planning Board be roiled 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: 1) An existing conditions survey entitled"AIaTA/ACSM Land Title Survey,Water St.and High St.,North Andover,MA,"dated January 8,2007,prepared by Coneco; 2) Set of definitive plans,consisting of four sheets,entitled"Definitive Plan:Planned Development,East Mill,"dated August 13,2007,prepared by Design Consultants,Inc.;a set of residential unit plans,consisting of three sheets,entitled"North Andover Mills,"dated August 16,2007,prepared by Khalsa Design,Inc.,including:Third Floor Plan,Bldg. 3A 3 Bk 10993 Pg 49 #34793 •° RCG North Andover Mills,LLC.—Phase I Special Permit-Planned Development District Conditional Approval (Dwg.A-103),Third Floor Plan,Bldg. 11 (Dwg.No.A-103.5),and Fifth Floor Plan,Bldg. 1 i (Dwg.No.A-105), 3) An elevation plan entitled`Building l 1 Elevation Plan,North Andover Mills,"dated August 16,2007,prepared by Khalsa Design,Inc. (Dwg.No.A-300); 4) A set of floor plans,consisting of two sheets,entitled"East Mill,North Andover,"dated June 14,2007,prepared by Burt,Hill,consisting of Building 1 First Floor(Dwg.No.ASK-01), and Building 1,Second Floor(Dwg.No.ASK-02); 5) A roadway and landscaping plan entitled"Landscaping and Street Improvement Plan—East Mill,"dated September 27,2007,prepared by Design Consultants,Inc.; 6) A plan entitled"Open Space Plan--East Mill,"dated September 26,2007,prepared by Design Consultants,Inc.; and, 7) A set of wall and freestanding sign plans,consisting of three sheets,entitled"East:Mill,"dated August 29,2007,prepared by Barlo Signs,Inc. 4. Recording of Decision and Plants: 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. 5. Prior to 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. 6. Throughout and During Construction: a) Dust mitigation and roadway cleaning must be performed weekly, or as dcemed necessary by the Town Planner,throughout the construction process. b) Street sweeping must be performed,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 5 p.m., Monday through Friday and 8 a.m.—5 p.m,on Saturdays. 7. 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 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 4 M - Bk 10993 Pg 50 #34793 k RCG North Andover Mills,l;LC.—Phase 1 Special Permit-Planned Developi rent District Conditional Approval iii) roadway construction and maintenance iv) lot and site erosion control v) site screening and street trees vi) drainage facilities vii) site restoration viii) final site-cleanup c)The applicant shall adhere to the following requirements of the Fire Department and the Building Department: L All structures must contain a residential fire sprinkler system. The plants and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department when applying for a building permit, d) The applicant must comply with the Section 4.2 of the Town of North Andover Zoning Bylaw. e) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer design. f) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner and the Department of Public Works an interim as-built, certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile sheet. g) 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. 8. 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 fire sprinkler system. The residential 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. 9. Prior to Baal 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. 5 Bk 10993 Pg 50A#.34793 k � RCG North Andover Mills,LLC.—Phase X Special Permit-•Planned Development District Conditional Approval 10. If applicable,tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. 11. 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 Sections 11,5 of the 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 those improvements related to Phase 1, Phase If, 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. 12. This special permit approval shall be deemed to have lapsed after October 2, 2009 (two years from the date permit granted)unless substantial construction of roadway and utilities has commenced. 13. The provisions of the Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 14. The developer shall implement and follow all requirements set forth in this decision(conditions 1.-12) and the plans and reports, referenced below. Failure to comply with all requirements therein and the conditions of this approval shall be the basis for the Planning Board, voting by majority 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, 15. 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. 16, The following materials and plans are included as part of this decision: Report titled: Application for Definitive Plan, Approval for Planned Development District (PDD) Special Permit 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: August 17,2007,Revised September 27,2007 Appendix: A-K 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 filed in the Office of the Town Clerk pursuant to Section 17 of Mass. 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