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Home My WebLink About2012-06-19 Decision SPR paRT#t Ilk 13041 Ps219 2-21291 7--27 --201? a 1 1 =L71 C. b 20 r �1 �.' �I►i Airma PLANNING DEPARTMENT Community Development Division 16M Osgood Street This Is to oerttfy that twenty(20)days North Andover,Massachusetts,01845 have elapW from date of dadslon,1W wHhout flElDgte to p SITE ELAN REVIEW DECISION ,t hsw Any appeal shall be filed T a Coe within(20)days after the date of filing this notice in the office of the Town Clerk. Date: June 19,2012 Date of Hearing: March 20,2012,April 3, 2012, May 1,2012,June 5,2012,June 19,2012 Date ofDeclsion: June 19, 2012 Petition of: Je#fco,Inc. P.O.Box 802 ( Andover, MA 01910 Premises Affected: Rear Lot,LLC 26 Main St. Assessors Map 2.8 Lot 14 Referring to the above petition for a Site Plan Special Permit,from the requirements of the North Andover Zoning Bylaw,Sections$.3, 10.3, 10.31 and 18,and M.G.L.c.40A,Sec.9. So as to allow the construction of an 8-unit residential condominium dwelling unit, an a lot with access to Main St. via an existing driveway which is located on two loin with frontage on Main St., with parking spaces, associated landscaping, stotmwater management and installation of utilities. The project also includes the demolition of existing out-buildings, in the Industrial S (1-S) and Downtown Overlay Zoning District. Aber a public hearing given on the above date,and upon a motion by T. Seibert and 2'd by D.Kellogg to APPROVE the Site Plan Special Permit, as amended, and based upon the following conditions. The vote was 4-0 in favor of the application. behalf'of the Andover Planning.Board• John Simons,Chairman Timothy Seibert Michael Colantoni Dave Kellogg Ar ►=. A TY0,0 +Y l .tm '' Clerk 1 Bk 13041 Pg220 #21291 26 Main St. Map 28,Parcel 14 Site Plan Special Permit-Multi-Family Dwelling Unit The Planning Board herein APPROVES a Site Plan Review Special Permit to allow the construction of an 8- unit residential condominium dwelling unit. The project involves three lots: 26 Main St.(Map 28, Lot 14), 22-24 Main St. (Map 28, Lot 12) and 28-30 Main St. (Map28, Lot 13). The new dwelling unit will be constructed on 26 Main St.and will have access to Main St,via two existing driveways which are located on 22-24 Main St. and 28-30 Main St,, The project also includes parking spaces, associated landscaping, stormwater management, the installation of utilities and the demolition of existing out-buildings, in the Industrial S (I-S) and Downtown Overlay Zoning District. The project is located at 26 Main St., North Andover, Massachusetts, 01845, Assessors Map 28, Parcel 14, within the Industrial S (I-S)and Downtown Overlay Zoning District. The parcel totals approximately 24,776 sq.f2.with zero frontage on Main Street and access via an existing driveway located at 22-24 Main St and 28-30 Main St. This Special Permit was requested by Jeffco,Joe.,PO Box 802,Andover MA,01810. The application was filed with the Planning Board on or about February 7, 2012. The public hearing on the above referenced application was opened on March 20, 2012, with additional hearings on April 3, May 1, and dune 5, 2012, and closed by the North Andover Planning Board on June 19, 2012. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, 10.31 and 18 of the Town of North Andover Zoning Bylaw and MG1,CADA,See.9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Sections 8.3, 10.3, 10.31 and IS. FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is the construction of a multi- family dwelling unit within the Downtown Overlay District,which encourages dense residential development within the "downtown" North Andover area, The project includes access to the new dwelling units over an existing driveway located on two lots with frontage on Main St: 22- 24 Main St. and 28.30 Main St. Access to Main St. is over a driveway on the north side of 22- 24 Main St. Parking will be provided within the units as well as in front of each unit, with additional visitor parking, A stormwater management system and extensive landscaping are included in the project. 2) The owners of the parcel applied for and received the following zoning variances from the town of North Andover zoning Board of Appeals on 2/13/09 for construction of a commercial storage building: Variance for relief of lot area(50,000 sq. ft. required); Variance for frontage(150 ft, required); Variance for left side setback (20 ft. required);Variance for Floor Area Ratio (.50:1 required).The owner also received a modification of that ZBA Decision on 2114/12 to allow a change of use to Residential from Industrial use. 3) The deeds for 22-24 Main St. and 28-30 Main St. describe current access easements to the lot at 26 Main St., where the dwelling units wnr be constructed. That deed (referenced in this document)allows for access to 26 Main St.,over two existing driveways located at 22-24 Main St.and 26-30 Main St. 4) The project provides for adequate facilities for vehicular access by utilizing an existing driveway located on two parcels with frontage on Main St.The applicant submitted a traffic report, authored by Dermot Kelly,which estimates that the 8-unit condominium would generate 46 2 Bk 13041 Pg221 021291 26 Main St, Map 28,Parcel 14 Site Plan Special Permit-Multi-Family Dwelling Unit vehicle trips per day,4 vehicle trips per hour during weekday morning peak hours and 4 vehicle trips per hour during weekday evening peak hours. 5) The Fire Department has determined that the development provides adequate access for fire and safety vehicles. The entryway provides 15 f. of unobstructed travel way to access the structure and also contains a total of 13 feet in front of the structure. These areas will be marked as"Fire Lanes"and will be free of obstruction and maintained as such in perpetuity. 6) Based on input received from both the Planning Board and the Planning Board's consultant, the applicant has provided sufficient stormwater management facilities to mitigate flow and to provide treatment for stormwater. The project will result in a decrease of impervious cover due to the removal of the existing pavement and two out buildings on the site. The stormwater management system will include a 500 gallon drywell to treat roof runoff. Stormwater runoff from the paved driveway area will discharge to a deep sump, hooded catchbasin and a Stormceptor unit. 7) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Sections 8.3.5,and 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: PERMT DEFE41TIONS and WAIVERS 1) The"Locus" or"Site"refers to the 24,776 sq. ft. parcel of land with zero frontage as shown on Assessors Map 28,Parcel 14,and also known as 26 Main Street , North Andover, Massachusetts. 2) The "flans" refer to the plans prepared by Andover Consultants Inc., I Bast River Place, Methuen, MA 01844, entitled "Site Plan "Pondview" 26 Main Street North Andover, Mass.", dated January 19,2012,as most recently revised on May 10,2012,and June 7,2012 consisting of sheets l through 4 3) The 4'Project' refers to the construction of an 8-unit residential condominium dwelling unit, on a lot with access to Main St. via an existing driveway which is located on two lots with frontage on Main St., with parking spaces, associated landscaping, stormwater management and installation of utilities. The project also includes the demolition of existing out-buildings,in the Industrial S(I-S)and Downtown Overlay Zoning District. 4) The "Applicant" refers to Jeffco, Inc., PO Box 902, Andover, Ma 01810, 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 1) PRIOR TO ENDORSEML"NT OF PLANS A) The driveway located on 22-24 Main St.(Map 28, Parcel 12)and 28-30 Main St. (Map 28, Parcel 13) and the parking area in the front of the building, as well as all stormwater structures,will be maintained by a Homeowner's Association,with the terms of ownership and maintenance to be documented in the Bylaws for the HQA. Maintenance of the driveway and parking area will 3 Bk 13041 Pg222 #21291 26 Main St. Map 28,Parcel 14 Site flan Special Permit-Multi-Family Dwelling Unit include installation and maintenance in perpetuity of all "No Parking" signs and "Fire Lane" pavement markings. B) A restriction will be placed on the deed for each unit with reference to ownership and maintenance of driveways, parking areas and stormwater structures by the Homeowner's Association. C) Draft easement documents and Homeowner's Association Agreements must be submitted for review by Town Counsel. D) No outside storage or dumpsters are allowed. This condition will also be documented in the Homeowner's Association bylaws. E) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land Use Boards. 2) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION A) Three(3)copies of the signed, recorded decision and the recorded plans must be delivered to the Planning Department. B) The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four(4)hours notice to inspect the site with the Planning Board staff. C) 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. D) A bond in the amount of fifteen thousand dollars($151,000.00)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 al I on-site structures. 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. E) All stormwater management best practices shall be maintained as specified in the Stormwater Operations and Maintenance Plan that was submitted with,the application. F) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. These measures must include erosion control to protect all existing and proposed catch basins and oil traps on the site or on the streets adjacent to the project. G) A pretconstruction meeting mug be held with the developer,their construction employees,Planning Department and other applicable departments, to discuss scheduling of inspections to be conducted on the project and the construction schedule. 3) DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. 4 Bk 13041 Pg223 #21291 26 Main St. Map 28,Pareel 14 Site Plan Special Permit-Multi-Family Dwelling Unit B) Any stockpiling of materials(dirt, wood, construction material, etc.) most be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles roust 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 assure 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-sine erosion will be a basis for the Planning SoaA 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. 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 building, landscaping, lighting and site layout substantially comply 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 SECURIETY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening 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 facilities, including invert elevations of all stormwater structures,must be submitted to the Planning Department. The as-built must be provided in paper formm as well as in SDF (Standard Digital File) format. The as-built shall also provide s calculation showing the increase or decrease in impervious area. C) A recorded copy of all recorded deeds and Homeowner's Association documents must be filed with the Planning Office. D) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6)GENERAL CONDITIONS A) The contractor shall contact Dig Safe at feast 72 hours prior to commencing any excavation. B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 5 Bk 13041 Pg225 #21291 26 Maid St. Map 28,Parcel 14 site Plan Special Permit-Multi-Family Dwelling Unit Stormwater Report: "Pondview"26 Main Street Prepared By: Andover Consutants,Inc. 1 East River Place Methuen,Ma 01844 Dated: January 19,2012,last revised May 10,2012 Operatlona and Maintenance Plau26 Main Street North Andover,Ma 01845 Revised May 10,2012 Traffic Report:26 Main Street Ref: 824 Prepared by: Der mott J.Kelly Associates Inc,, PE,PTOE Dated: February 6,2012 Deed: Quit Claim Deed,recorded at the Northem Essex registry of Deeds,Hook 9738, Page 94,Grantor-Sutton Redevelopment:,LLC,Grantee-Beak Away Realty Trust Date: August 30,2005 Proposed Amh1tectural Plana: Prepared by: Paul Davies&Associates,Architects,Inc. Date: January 6,2012 Sheets: Al-A5, S-1-S-2 ee: Town Departments Applicant Engineer Abutters Assessor 7 Bk 13041 Pg224 #21291 26 Main St. Map 28,Parcel 14 Site Plan Special Permit-Multi-Family Dwelling Unit 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 bursting season under the Fire Department regulations. E) If a dumpster is required once the building is occupied, the owner shall apply to the Board of Health for the appropriate permit. The location of the dumpster must be approved by the Planning Office. 1±) 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. G) 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. H) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. I) This Special Permit approval shall be deemed to have lapsed after June 19,2014(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 any site grading or tree clearing. J) The following information shall be deemed part of the decision: Plan titled: Site Plan"Pondview"26 Main Street,North Andover,Ma 01845 Prepared for: Jeffco,Inc. PO Box 802 Andover Ma 0 18 10 Prepared by: Andover Consultants,.Inc. I East River Place Methuen,MA 01844. Scale: 1"=20' Date: Dated January 19, 2012, last revised on May 10, 2012, sheets 2 through 4 and Sheet I last revised on June 7,2012 Sheets: 1 through 4 Conceptual Landscape Platt:Main Street North Andover,Massachusetts Prepared by. Huntress Associates, Inc. 17 Tewksbury Street Andover,MA 01810 Date: June 3,2012 Sheets: 1 b