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HomeMy WebLinkAbout2003-02-21 Recorded Decision SPR .t Y hl."4 Y':el ��. �� '�� � . Town of North Andover Office of the Planning Department JUN 1 0 2003 Community Development and Services:Division , 27 Charles Street NORTl t��luclu i� �, +,Ol N* PLANNING f-)KPAr31`Mt4NT North Andover, Massachusetts 01845 ' a�c►�use lft://www.townofnortliandover.com Plairtning Director: jwoods@townofnortl-randover.com P (978) 688-9535 J. JusHri Woods A170 r: (978) t1r-__ 542 A True This Is to certify that twenty(20)days have elapsed from date of decision,Bled• NOTICE OF DECISION " Q '�' without filing of a ap eal. Town"Clerk �' �{µ`r�7 a Data '�� 2c�...� A ,,i Joyo�A,f fAdtlhaw SENT LISPS'VIA CERTIFIED MAIL _ '� ✓` " Tom Clerk TURN Rl✓C RE� � EIPT REQUESTED. .. . . . ... ` Pico Trust--530 Turnpike Street C-) ! Site Plan Special Permit --0 ' r The public1earitigs on the above-referenced applications were closed by the North Andover Planning Board on February 18,2003;Present were Planning Board Vice Chair Alberto Angles, Clerk Richard'Nardella, Members Felipe Schwarz and George.,White,Associate Member•James*Phinney Plan'rilngDirector J.Justin Woods,and-Planning Assistant Debble Wilson: John McGarrry of Pico Truif as well'as Karl Dubay,ofMHF Design appeared on behalf of the petitioner. Nardella made, and Schwarz seconded, a motion to grant the Site Plan Special Permit`to-perniit the applicant to modify. the exterior-of the existing building and. modify the parking plan, This Special Permit was requested by John McGarry of,Pico Trust, 401 Andover Street, North.Andover, MA 01845. The original;application,,excluding.revised documentation, as cited herein,, was,filed with the Planning Board on November 15, 2002 with subsequent submittals on file. The applicant submitted a complete application, which was noticed and reviewed in accordance with 8.3 and 10.3 of the Town of North Andoverr Zoning Bylaw and MGL Chapter 40A,,.S"`ectiori 9: The h iotion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of in favor to 0 against. A special permit issued by a special permit granting authority requires a vote-of at:least four members of five-member board. See MGL Chapter 40A, Section 9 and Section 10,3(5)'ofthe Town of North Andover Zoning Bylaw.. Accordingly, the Applications for the Site Plan Special Permit is approved with conditions. - , The applicant is hereby notified that should the applicant disagree'with this decision,*the applicant has the•right,under MGL Chapter 40A,Section,17,16 hppeal'to this decisionwithin twentyAnys after the date this decision has beenfiled-with the Town Clerir. Respectfully Silbrhitted: A A&2-1e_�. J t`° � Woods,Planning Direct , OR T"I-1 REGISTRY-OF AWRIENCC, MASS. for the North Andover Planning Board. Voted; TRUE Copy. A1"T "i"; John Simons,Chairman ' Y-N-Abst-N/A Alberto Angles,Vice Chairman Y-N-Abst-N/A Richard Nardella;-Clerk Y-N-Abst-N/A George White Y-N-Abst-N/A Felipe Schwarz Y-N-Abst-N/A � In James Phinney,Associate Member Y-N-Abst-N/A BOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSEItVKrION 688.9530 HEALTH 688.9540. PLANNING 688.9535 f I i I i Pico Trust-- 530 Turnpike Street Site flan Special Permit February 21, 2003 Page 2 of 3 Appendix A Site Plan Special Permit 'Me Planning Board makes the following findings as required by the North Andover Zoning Bylaw Sections 8.3: FINDINGS OF FACT: 1. The use will not result in any nuisance.or serious hazard to vehicles or pedestrians. 2. The ZBA granted a setback variance to permit the proposed parking along Route 114 to nnatch the existing conditions on adjacent properties. 3. Existing travel lames will be improved by the plan. 4. There will be minimal alteration to the existing site and structure as a result of the proposed changes. 5. Finally the planning Board finds that this project generally complies with the Toivnn of North Andover "Zoning Bylaw requirements as listed in-Sections 8.3 and 10.3 but requires conditions in order to be fully in compliance. The Planning Board hereby grants all approval to tine applicant provided the following conditions are met.- SPECIAL CONDITIONS; 1) No portion of the premises may be used for a restaurant or any other food related retail or preparation business or a convenience store as there would not be adequate parking. 2) Snow removal may be stored oil the landscaping islands to the extent possible, but shall be trucked off-site whenever snow exceeds onsite storage capacity. 3) Prior. to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The plan shall be modified to show that pat-king space li l l5 shall be eliminated and painted no parking to comply with.the ZBA approval. b) A bond in the amount of$5,000 shalt be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures and parking. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shalt 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 escrow account. 4) Prior to the start of construction, a construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing tine public of anticipated activities on the site.- 5) Prior to FORM U verification(Building Permit Issuance).- a) The final site plan mylars must be endorsed and three(3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must ba submitted to the Planning Department, 6) Prior to verification of the Certificate of Occupancy, tile applicant must submit a letter from the architect or engineer of tine project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 7) Prior to.the final release of security, A final as-built plan showing final construction and location of the building and packing spaces shall be submitted to and reviewed by the Planning Staff. BOARD OF APPEALS 689-9541 JRJJLDINOM8 9545 CONSURVNI'EON 685.953© IJEiAU111 6M9540 PLANNING 688-9535 Pico Trust— 530 Turnpike Street Site flan Special Permit February 21, 2003 Page 3 of 3 8) 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 tunes to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. 9) 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, 10) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation: 11) The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 12) Any action by a Town Board, Commission, or Department that 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. 13) Any revisions shall be submitted to the Town Planner for review, if these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval 14) This Special Permit approval shall be deemed to have lapsed on two years from"the date the permit was granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 15) The following information shall be deemed part of the decision: Plan: Office Building 530 Turnpike Street Prepared for: John McGarry Prepared by: Landry Architects 389 Main Street, Salem,NH 03079 Sheet C1 Titled: Proposed Parking Plan Dated: 11/15/02, last revised 1/28/03 Sheet A2.1 Titled: Proposed Exterior Elevations Dated: 10/7102, last revised 12/4/02 Plan: Landscape Plan 530 Turnpike Street Prepared for: John McGarry Prepared by: Huntress Associates,Inc. 17 Tewksbury Street, Andover, MA 0 18 10 Sheet LI Titled: Landscape Plan Dated: 1/30/03 cc, Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Engineer Abutters Assessor DPW BOARD OF APPEALS 698.9541 ®U1LDING 688.9545 CONURVA'DON 688-9530 HRA1.3'H 688.9540 PLANNING 689-9535