HomeMy WebLinkAboutDecision - 1211 OSGOOD STREET MODIFICATION 10/7/2014 UL
D=0�"41n}6 A�O M Town of North Andover '.,
Office of the Planning Departme 4 OCT {0 AM 8: 04
* _ Community Development and Services Division
1600 Osgood Street f)i AN OVA,
�SSFlCHU50t
North Andover,Massachusetts 01845 S A,CHUSETTS
NOTICE OF DECISION This is to certify that t e nt;
SITE PLAN REVIEW MODIFICATION have elapsed from date o'
tho
wiut filing of a a o i.
Any appeal shall be filed Joyce A.Biadshaw
Town Clerk
within (20) days after the
date of filing this notice in
the office of the Town Cleric.
Date: October 7, 2014
Public Hearings: September 2,2014,
September 16,2014, October 7, 2014
Date of Decision: October 7, 2014
Petition of: 1211 Osgood Street LLC
1211 Osgood Street
North Andover, MA 01845
Premises Affected: 1211 Osgood Street
Assessors Map 3 5 Lot 8
North Andover, MA 01845
The above petition for a Site Plan Review Special Permit Modification is according to the requirements of the
North Andover.Zoning Bylaw, Sections 8.1, 8.3, 10.3,and 10.31 and MGL C.40A, Sec. 9.
So as to modify the previously approved Site Plan Review Special Permit Decision, dated January 9, 2004
and modified March 15, 2005, to remove "Special Condition I", which prohibits a restaurant use on the site,
and to approve reduced parking requirements under zoning Bylaw Section 8.1.8.e, multiple use facility. The
site is located within the General Business zoning district.
After a public hearing given .,,n the above date, and upon a motion by Lynne Rudnicki and 2ntl by D.
Kellogg, the Planning Board Approves the Modification of the Site Plan Review Special Pcx-niit as
amended and based upon the following conditions.The vote was unanimous in favor.
/U" All,
r I
61i behalf of the h Andover Planning Board
John Simons,Chairman
Michael Colantoni
David Kellogg
Lora McSherEy
A`tTEST: Lynne Rudnicki
A True
Copy Peter Boynton
•t.'gvwu Clerk-
. . 1
I
Town of North Andover
Site Plan Review Special Permit Modification— 1211 Osgood Street
October 7,2014
Tire Planning Board herein APPROVES the Modification to the Site Plan Review Special Permit Decision
dated January 9,2004 and modified March 15,2005 to remove a condition prohibiting a restaurant use an the
site and to reduce the parking requirements due to multiple uses on the site which is located in the General
Business Zoning District, This Special Permit was requested by 1211 Osgood Street LLC. The application
was filed with the Planning Board on August 1, 2014. The public hearing on the above refgcnced
application was opened on September 2,2014, and closed by the North Andover Planning Board on October
7,2014.The applicant submitted a complete application,which was noticed and reviewed in accordance with
Section 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec.9.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Sections 8.3 and 10.3:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is located in the General Business zone
and involves uses permitted within this zone. The North Andover Zoning Bylaw Section 4.1.31
allows retail establishment,office use,and restaurants within the General Business zone.
2) The use as developed will not adversely affect the neighborhood as a sufficient buffer will be
provided. Landscaping has been provided around the perimeter of the properly, and the applicant will
provide under-planting screening along Barker Street.
3) There will be no increase in nuisance or serious hazard to vehicles or 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.
5) On January 9, 2004 the North Andover Planning Board voted to grant a Site Plan Review Special
Permit to construct the commercial property. On March 15, 2005 the North Andover Planning Board
voted to grant a modification to allow for the relocation of HVAC units and add safety bollards. The
modification contains a condition that prohibits restaurant use. The condition reads "This approval is
based on the fact that a restaurant will not be included in the development. This restriction is required
do to the parking spaces provided and the parking limitations of the site. if the development chooses
to include a restaurant, a modification to the Site Plan Special Permit must be applied for throilugh the
Planning Department".
6) Per Section 8.1.8.e of the North Andover Bylaw, the applicant demonstrated that existing',parking
supply is sufficient to support a 2,094 square foot restaurant use. It was determined that the expected
peak parking demand for uses on the site are so different that a lower total will provide adequately for
all uses or activities. According to the Zoning Bylaw Section 8.4.a, the site would require 56parking
spaces total if a restaurant use were authorized. The applicant demonstrated that due to fluctuations ill
peak parking demand throughout the day, the peak parking demand if a restaurant were authorized
would not exceed 48 parking spaces. Including two loading zone parking spaces to the rear of the
structure,the site currently provides 53 parking spaces.
7) The proposed Site Plan Review Special Permit Modification will not require the addition of any new
parking spaces, changes to vehicle or pedestrian circulation, curb cuts, nor any other on-site
modifications.
i
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I '
Town of North Andover
Site Plan Review Special Permit lodifcation--- 1211 Osgood Street
October 7,2014
8) The applicant has met the requirements of the Town Site Plan Review as stated in the Zoning Bylaw
Section 8.3.
9) The Special Permit Granting Authority makes a specific finding that the use is in harmony with the
general purpose and intent of the Zoning Bylaw.
Finally the Planning Board finds that this modification generally complies with the Town of (North
Andover Zoning Bylaw requirements as listed in Section 8.3.5, but requires conditions in order to b fully
in compliance. The Planning Board hereby grants an approval to the applicant provided the following
conditions are met.
PERMIT DEFINITIONS:
A) The"Locus"refers to the 29,620 sq. ft. parcel of land fronting Osgood Street with entrances off
of Osgood Street and Barker Street.
13) The"Plans" refer to the plans entitled "Site Development Permit Plan", dated September 3,2003
and revised March 9, 2005,consisting of Sheets I through 7, prepared by Merrimack Engineering
Services, 66 Park Street,Andover MA 0 18 10.
C) The"Project"refers to the change in use within the commercial center, unit 4 to allow a 2,094 square
foot restaurant.
D) The "Applicant" refers to 1211 Osgood Street LLC, the applicant for the Site Plan review
Special Permit Modification.
E) 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 ISSUANCE OF A BUILDING PERMIT
A) The Notice of Decision must be recorded at the Essex North Registry of Deeds.
B) Two (2) copies of the signed and recorded Notice of Decision must be delivered to the
Planning Department.
2) DURING CONSTRUCTION
A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Olanner,
throughout the construction process.
B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must 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 applicant 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 sewer of other
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Town of North Andover
Site Plan Review Special Permit Modification— 1211 Osgood Street
October 7,201 d
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, #hat the
Planning Board shall give the applicant written notice of any such finding and ten days to
cure said condition.
D) 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.
3) PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The applicant must submit a letter from tire architect and engineer of the project stating,that the
building, lighting, landscaping, and site layout substantially comply with tire plans referenced at the
end of this decision as endorsed by the Planning Board.
B) 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.
C) 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 the Planning Department,
4) GENERAL CONDITIONS
A) The provisions of this decision shall apply to and be binding upon the applicant, its ernployces,
and all successors and assigns in interest or control.
B) Two parking studies shall be prepared and submitted to the Planning Board through the Town
Plattner; one at a period 6 months from this decision (April, 2015), and one at a period 12 months
from this decision (October 7, 2015). These studies shall, at a minimum, evaluate the existing
parking occupancy and vacancy, over tine course of one consecutive Friday and Saturday, at I-
hour intervals, from the hours of 10:00 a.m. until 7:00 p.tn. The Planning Board shall review each
study within I month of submission. On review of each parking study, the Planning Board may,
by vote, require corrective action related to the reduced parking requirements in the evenUthat the
Board finds the parking provided no longer meets the intent of Zoning Bylaw Section 8.1.8.e.
C) Trash shall not be stored in any exterior portion of the property in the public eye.
D) The applicant shall provide under-planting for the landscaped portion fronting Baker Street to
provide adequate screening. Under-planting screening shall complement existing trees to Provide
a thorough visual barrier along Barker Street.
E) Should the applicant, at any time, become no longer compliant with the provisions for reduced
parking outlined in zoning Bylaw section 8.1, the applicant shall provide corrective Factions
including but not limited to providing off-site or satellite parking for employees Vvith an
accompanying shuttle.
F) Gas, telephorte, cable. and electric utilities shall be installed underground as specified by the
respective utility companies.
G) No open burning shall be done except as is permitted during burning season under the Fire
Department Regulations.
4
I€
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Town of North Andover
Site Platt Review Special Pennit Modification— 1211 Osgood Street
October 7,2014
H) The hours of operation for all businesses within the commercial site shall be limited to'between
6:00 a.m. and 10:00 p.m.
I) In an effort to reduce noise levels, the applicant shall keep in optimum working order any and all
equipment that shall emanate sounds from the structures or site. Not mechanical devices which
may be visible from any surrounding roadways shall be placed on the roof.
J) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
K) 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.
L) This Special Permit approval shall be deemed to have lapsed October 7, 2016 (two years from the
date of issuance) 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. Substantial
use or construction will be determined by a majority vote of the Planning Board.
M) The applicant is hereby notified that should the applicant disagree with this decision, the
applicant has the right tinder MGL Chapter 40A Section 17, to appeal this decision within twenty
days after the date this decision has been Bled with the Town Clerk.
N) 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.
O) The following information shall be deemed part of the decision:
Plans Titled: Proposed Retail Facility
1211 Osgood Street
North Andover MA 01845
Prepared for: ]'own of North Andover
North Andover, MA 01845
Prepared by: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Scale: 115=207
Date: September 3, 2003; Revised March 9,2005
Sheets: 1-7
cc: Town Departments
Applicant
Abutters
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