HomeMy WebLinkAbout1990-07-24 Decision SPR TOWN OF N 0 RT1.1 A N D 0 V .EaxR '
TO*`H` C .E I� -!
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F ,. ;. U JUL� 303
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'I Any 8Ppe81 shall be filed
within 1 0) days titer the NOTICE 01- DE €�i ;QH
J cute of filing of this Notice
in the office of the Town
C100L . . +July 24 1990
Date . . . . . . . . . .
'e�I C}Il of . . . . . . . . . . . . . .
Premises affected . . ao F 3Vj,ipj-ke s1_rce-t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . + .
Referring t [lie above Petition ror n 3pe(,411 p#;nnil 1'T•um Lhe. tequirenicilts
cif ttifz� . . AQrt4 Aildorer. zQli�.iPg .Qy Evx -. i3r—o L i9a.M.=3 , . .-iii4: X'.1.duL fWViVV. . . . . . . . . . . .
Eke to P(-'r111 F=pXu,:3:,g7VVti? n .(if. ., ft. .-C<14r ,sLE.(xr,'. "AU itiP11. V9.Q)j . .
. . . . . . . . . . 4 � 9. ; 13 . . . . . . . . . . . . . . . . . . . . . . . . F . . . . . . . . . . . . . . . .
After a }public hearing given € n the above date, tEic? 13jEjIijrix)g B0,11-d Vull- 1
CONDITIONALLY
to APPF QW. + . . . . . . .ti .10W . . . . , . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . .
upon the faflowin[.�, eunditions -
CC: Direutor of Public Works
Board of Public WoEks sty nf-,d I 1. f
ItighTozy Surveyor
Buildin .I. 1Spc'ctos iCi}rc � .IrgrTr,. ; ri.�,} C�taiiL ac i. . . . . . .
conse-E ation Commissiun
Buuj(d of Tlclaith :Johr. 'Simons,. clerk� . . . . . . . . . . . . . .
Po.lirn Chief Julm Drag) r. . . . . . . . . . . . . . . . . . . . . .
ifirehiC
Apkpli.ran ,Jnrc �h ih�aFlcrnt� . . . . . . . . . . . . . . . .
Enginner
Robert Ercolini
Iris=€.r.rfi c� PaEtie S . . • • • . . .1,!.iE,1;I Ilig Haar(� '
OR �T` Town of
NORTH I` EYE h9��SSa.i ����''��.�}IA
QYE R
KA€-1EN If.P. N IrSON. DIREC` OR
July 2d , 1990
mr. Daniel. Long ,
Tent Clark
Tour Hall
120 Main Street
North Andover, MA 01845 ke : Site Plan R v'F ev
203 Turnpike S trec L
Dear' Hr . Long :
Tile NGrth Andover Pl,anninq Board held a public hearing on ,June
7 , 1990 , in the Town Hall, Selectmen ' s lfeetinif f euffl UP4--�31 the
application of Evergreen Realty Trust; , 203 `Purnpike btrfvnO, Horth
Andover, MA, requc,nting Site plan approval under 6ection 8 . 3 of the
North Andover loninq Bylaw . The blearing was duly adverLi,`yed in the
North Andover Citizen on May 23 and May 30 , 1990 and all Parties of
interesL were duly !notified . The Meeting was called d to ofde r by
the Chairman , George Perna, Jr. Also present; were Zriivh Vi zsche
and Juhn Draper. John Simons arrived at 8 : 21 P . M, Jack Graham Was
absent .
The petitioner weeks site elan approval for the r,on struct_iun
of a 18 , 583 sq tt . , four story addition to an exist-inn structure .
The remises i,saYs affected it_: Iocs�-reel at 203 Tuu r pikc Sr,Sc'PL in a
Basfne,ss-d ( B-4 ) Zoning District.
3ahn SimefIL read the legal notice to open the public hear-3nq -
ChristaaR Huntress , '}~... Planter, went over the concerns
rai:_ed by the Technical Review Committee . The flow of the Park.i l
and the tratfic were major concerns .
Steve Stapinski , reprrv5ent t.ng Lve.rgrenn Associat--es , for t ht'
proposed addition to the existing building . The sip-e is acroS's
from Varrimack College and Burger: King . Proposed gross floor are
in 119 , 783 uq. ft , The required amount cif parking spaces is 3:39 , 27 ,
the applic;anL has 411 spates at the pvesent time .
of t:,tLe building were shoi-n) to the Bo. ird . The
exi.si ing building is 55 feet high, the proposed is 07 fret .
Page 2 :
GeorJo Perna expru sled nonoernu with the massiveness A the
proposed .
The Board will visit the ,site . The buffer area will be viewed
at that time .
George Verna asked what the zoning Sao in Andovcr ior the arty
that abuts the Property . Steve Stapinski stated that it was R- 1 .
A }grief discussion Latch place on the parking area . The Bt#Ird
is Looking for more green sPane .
F ' cll Nitzsc:he asked al)o{lt the entkance to the propert:y .
Steve Stapinski said that the State has beep to the owners and at
the present time there is no left turn frOm the siL_e . There will
be an easement granted to the State for impnevement s to Route 114 .
At He present time the State is reviewing the curVc ut, which is
now 5 feet . Erich Nitzsche asked to see the plans that We State
is proposing for Route 114 .
john Simons asked ,hat type of lighting would be provided .
George Verna asked that the lighting along Route VIA Jai-- red"c.ed .
Stievc Stapinski told the Board there was a lighting Plan for the
site .
George Perna asked Chwistian Huntress , Town Molncr , to send
a letter to the applicant listing all the conaerna of the Board ,
A lundsc.aping plan uas €-tquestcd by the Fiat rd_
John Simons a;5ked about: the construat.ioll of the
proposed as it relates to the other ;.;cnaot.s . One of: thf- owni3 rs
stated that he would estimate approximately 7 or S months Wr the
construction but would confer with the cOnttactur .
A f110ti.en N-;aS 3;ldde by Friuh Nitzsche to contilluF? the Public
hearingto June 21 , 1990, not UP a sits: visit Wr Satur_aay , June 91
1990 at 9 : 00 a- m, and direco Christian Huntress , Town Planner to
send a letter listing those concerns that the Board KaT raised .
The moti,tnn wa seconded by John Simons a. jd voted unaniMULIs3y by
those present .
The c)j tli Andover Planning board held a regular kgreLing on 031
Thui-,sday evening , Juno- 2R , '199 , in the. Town Hull , ;Sc1_t�c'r.snfi�l ' s
Meeting Racmi . The regularly scheduled meeting ua: fur_ AnIaz 21 ,
1,?qo , 1:511t (ii.ie to t11e lack Of a quol-um, rescheduled . '1'W
meeting vas called to order by the Chairman , Georgc ,'f3r_na, Also
preacnt were uohn Simons, Clerk, E:r Wh AliL sche and Jack GlOhtam -
dohn Draper arrived at 8 ; 43 €} . Est .
7011I1 S i,L1 0�)s ycC Ltj a lctttei: f=rorn Chrlstl'ou Huntress, `f ovik
Planner W Steve. SLwpinski , NErrimack. EngiIlf,'t'I`ing . A latter was
received Iron Merrimack Engineering in resPWSO to LhO Wnccrns of
the board, A ,het Ler= erns ttl:.;47 received frosts
That letter f011c WE :
Page
June 27 , 3990
Mr . Christian nuntress
Town Planner
Town of North Andover
125 Main Street
Morth Andover, MA 01845
bear Chris .
I I'LIVe 17�Id thP- OPPOrtunity to review the plan.s fur the
proposed addition to thu North Andover Office Park . I see no major
impact to Kerrimack College and it ' s property, However, I would
request the following stipulations be i%posed by the Planning Board
prior to the construction phase .
1 . At the rt:que&t of 14�: , Peter Johnson , Merrimack College
will Permit the teworary Use of a small designated area
of our property for caDstruction manageynent or staging
during the course of coRstruction . This area would Wi
required to be necured by appropriate fencing and thf�
college Would bt 114-3111 harmless for a uch It SQ . Upon
completion of this project, Evergro-e:i Reality , ]) . B . A.
North Andover Office Park 0ould be responsibia for
regrading , loam and sending of the area .
Also , the college Woold requent the existAng Once and
gate VaY be replaced to the college ' s specifioacions .
Details regarding the specificatioR are to be agroed open
prior to the start of constructiGn ,
2 , Prior- to the colliie�lencemcnt of wc)rk , Evei-grnFitL Rftuiity,
D B . A, North Andover Office Park will remove all existing
parking areas that are presently on
property . During the removal of the parking area.; ,
grani-to cLirb-O)g or s051t� other picusing
barricade must be installed to stop vehicics from exiting
the parking lot over college prupurty . 111.1 area; that
are presently damaged from traffic exitinq from the;e
areas are to be graded, loaw and seeded .
B . Under no conditions will Evergreen Reality. DLA . B . North
Andover office Park be permitted to store or dispose of
construction debris , trash Q� haZaDJOUS hliLLCEiElls 011
Merrimack College property and will as: any and all
reoponsibilities of any damages of such improper diopusai
of the same by its employees or contractors .
Should you nequire ally lurther iritari;tation rr-Lyardinq the
stipulations to the cowunnuatiun of ""; proposed
addition to the North Andover office Park , please d au ' k hesioato to
Contact my office .
Sincerely ,
Scott A . Cot� ' , Assuciate Director of Physical VinnL , Werrimack
College
Pace 4 :
George Perna ELE.k(3cf Christian Huntress i€ there were ally
outstanding issues .
Steve 8taPinski Wated that there woisl(A 1)e extennive
landscaping ind that islands have been added , A Planting schedule
Wau Preset- Wd to the Planning Board , Plans 11r�Vu bccn reivi ued to
ac;Canimodate those Plano which the State has to widen Route 114 it,
the same area.
PP_ter Johnson , Evergreen Reality, gave QA� board a
construction schedule . Mr. Johnson stated that an average of 8(�
czars are parked in the parking area, leEtvirig 125 tc) 130 vacant
•paces . If additional parking is needed , Merrimack College will
cooparate°
George Ferna :Mated that the Bourn would rcview the screening
of the property after construction , The Building inspector will.
review the site during construction ,
Erich yNitzscy;he /a+�sf1kyed thatan As-Built be submittQd .
1 a [Z L o i.i o n W F 4 F 3 �I i i 1.1 o by Erich mi t M L f s 4 f L e to t om_I.�}{3{� the Public
Waring an 201 Turnpike Street;, dated April 9 , 1990, revised Juno
1990 and instruct staff to draft_ a conditional approval of the Situ
Flan for JUlY 12 , 1990 , The motion was secoLded by John Draper an(I
voted un�nimounly by the Board .
C?�x July 12 , 1990 the Planning Board held a regular meeting Q
the Town :Mall , Oelectmen ' , Meeting Room. The meeting Wau called to
order by the C:k�t�irrn�ri, (,00rge Perna . Also V resent ywly Erich
Nitzsche and Joseph Mahoney . Joseph Mahuney is the Board ' s newest
member , replacing .pack Grahan .
flue t{r the lack of a quorum the Board could not hear any uL
the Public hearings or vote an any decisions .
C±hAstian huntress , Tour Flanncr-, gave the Board copies of a
draft decision , adding to the draft, the concerns off: the € ivis .ion
of P -Ojlic Works ,
Tlie Hoard Will reviel, that draft and vote on f. s: r_tl, the ney,t
meeting , July 19 , 1990 .
Due to tvhc lack aJ: <1 quorum on ;July 12 , �.S�kf�� , C ���� 110T.'tIt
Autdover Planning held a meeting on Thursday evcning , ,3uAy 19 , 199o ,
in the Town Hula , Selectmen ' s meeting Room , The mcetinq uas c a i led
to order Olt aPPrOxi%utuly 8 : 10 P - fat, by George Pc;rna, Chaj. rMall .
Also present wera, John Draper, uoseph Mahoney and RohesrL Ercolini .
The Chairman ankcd John temper to act as vierk , as .John himonz was
not present: ont_il 10205 p . r.
john Draper.' read a letter of resignation from Erich tdUYNchc,
44 i3 ;--L ;l;elf;1 {v i- of the 111ulininc# aax'c , r: lfective -tn)Ldiately , I.1r .
Drap&T. suggested a AUtcr of tihi &cs be sent ro Erich , R(}E)cvrt
LrcQ10i suggested a plaque be order for. Erich in recognition for
his service to the: Town.
Page 5 ;
hobeJ_t. Ercolini has been appointed by the `€°oon Hanager to fill
the vacancy created by the resignation of Erich Nitzsc he . 'the
appointment is effective immediately and will t-ermi-naLv :.icpUmber
no , 1990 ,
Robert Ercolini has been bri.eied an the application before the
Hoard and Kins have been made available to him for review.
Christian Huntress , Town Planner, asked the Board for comments
on the drat decision .
A motj.orj was Made by John SiinonE to �fipprovei Lhe Sire Pian
Mview for 03 Turnpike Street as written . The motion t a;:
seconded by John Draper and voted unanimously by those present ,
The list of conditions is attached .
Sincerely,
PLANNING BOARD
Geargeblvela, Jr .
Chairman
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Bu i ldiag Inspector
Conservation Commission
Board oyf- Malth
Asneoso
Policc Chief
Fire Chief
Applicant
Engineer
1 ilc
F .
EVERGREEN REALTY TRUST
203 TURNPIKE S'1°RUMT, NORTH ANDOVER, MA
SITE PLAN REVIEW APPROVAL, SECTION 8.3 OF THE 01;M1 ANDOVER
ZONING BYLAW.
The Planning Board makes the following findings regarding this
Site Plan Review Application as required by section 8 . 3 of the
North Andover Zoning Eyjaws
FINDINGS OF PACT:
1 . The proposed use and site design for this lot are
appropriate, due to it' s location in Town.
2 . Adequate vl hiclllafr and pedestrian access into the surrounding
site has been provided.
3 . The landscaping plan as shown and, revised, meets the
requireauents of section 8 ,4 of the Zoning Bylaws, with the
addition of the following canditioFns.
4 . The Fite drainage system is designed in accordance with the
Town Bylaw requirements.
5 . The applicant has met the req-Qirements of the Town for Site
Plan Review as stated in Section 8 . 3 of the Zoning Bylaw.
. Adequate and appropriate fac-ilit.ies will be provided for the
proper operation of the proposed use.
Pirially, the Planning Board finds that this parcposa,j. generally
complies with the Town of North Andover Zoning Bylaw requirements
as listed ill section 8 . 35 but requires conditions in order to be
fully in co�Ek fiance.
Therefore, in carder to tally comply with the approval neoessar
to construct the facility as specified in the Site Plan review
application before us, the Planning Board hereby grants a
approval to the applicant provided the following conditions are
met:
SPECIAL ONDITIONS
1. Prior to a building permit- being issued for the applicant
hail remove all existing parking areas that are presently
on Merrimack College property. Further, granite curbing or
other Material approved by the Town Planner, shall be
installed to prevent vehicles from exiting the parking lot
over college property. All areas that are presently damaged
from traffics exiting farom these areas are to be regraded,
loamrad and seeded by the applicant.
: ., 2 . The material used in construction of the proposed addition
shall be of the same -material used for the e�dsting
structure.
3 . Any Plants , Trees or Shrubs that have been incorporated
into the Landscape Plan approved in this decision, that die
within one year frolrt the date of this approval, shall be
replaced by the owner.
4 . Prior to the issuance of 4 blailding permit the applicant
shall place erosion control measures on site as directed by
the Town Planner.
5. All Planning Board Rider of Conditions are to be placed upon
the recorded final plan, ( Cover Sheet ) prior- to Planning
Board endorsement and Filing with the Registry of Deeds .
6 . The contractor shall contact E)ig Safe at least 72 hours
px-ior to corm encing any excavation.
7 . Gas , Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
8 . All etch basins shall be protected and maintained with hay
bales t//ovv ■prevent siltation into the drain lines during
c onUtruction.
9 . No open burning shall be dome except as is permitted during
burning season under the Fire Department regulations .
10 . No underground fuel storage Shull be installed except as may
be allowed by Town Regulations.
11 . All buildings shall have commercial fire sprinklers
installed prior to the issuance of the Certificate of
Occupancy, Per order NAFD. All fire suppression Systems
Shall be in accordance with the rules and regulations of the
NAFD.
12 . Prior to a Certificate of Occupancy being issued for any
structure, this site shall have received all necessary
permits and approvals from the North Andover Board of
Health.
1_3 . Prior to a Certificate of Occupancy being issued for the
structure, the site shall be reviewed by the Planning
Board. Any screening as may be reasonably required by the
Plannning Board Mhall be added at the owners expense.
14 . A bond in the amount of $5000. 00 shall be posted for the
purpose of insuring that a final As-Built plan showing
location of all can site utilities, structures , curbQQts,
parking spaces and drainage facilities be submitted. This
bond shall be in the fora of a passbook and shall be
submitted prior to the issuance of a Building Permit.
15. The applicant shall receive all necessary appxovals and
permits from the State Department of Public Works for access
onto Route 114 . 'Pais approval from MDPW shall be secured
prior to the applicant receiving a Building Permit.
16 . The proposed sewer connection must comply with N L
C. 1, 5. 43 and 314 C14R 7 . 00.
17 . Easement plans and documents for the rerouted main
sewer must b(�: recQarded at the Registry of Deeds prior to
connection of sewer servic-e to the proposed building
addition.
18 . The existing main sewer is loll V.C. pipe and should
be replaced with the same size.
19 . The abandoned portion of the existing loll V. C. sewer
rust be separated and properly plugged just upstream
of the sewer service connection to the existing
building.
0 . A separate as--built plan and profile of the new
sewenr installation prepared at 111= 4C) l horizarital
scale and 1"=41 vertical scale shall be submitted
to the Division of Public Works for review and
approval prior to acceptance of the sewer connection for
the building addition.
1. A sewer connection permit must be obtained from
the Division of Public Works for the building
addition. The permit will require mitigation of
existing infiltration/inflow from the receiving
system at a ratio at 4 to 1 or whatever ratio of
I�itigatiun is required by the Muss. Depart-tent of
Ezt z�onnental Protection of the time of permit
application. 'J'he basis of the mitigation
ratio will be projected sewage flogs from the
building addition calculated in accordance with 314 C H
7 . 00 . The mitigation is required because the
receiving sewerage system know as the West Sido
Interceptor has been determined to be over capacity
due to infiltration/inflow.
The following plans shall be dee-med as part of the decision:
Plans Entitled SITE DEVELOPMENT PLAN OF LAND
Prepared for: EVERGREEN ASSOCIATE5
03 Tui'DpiXe street W Suite 408 ,
North Andover, MA 01845
('Pal . 508 682 - 741 )
Pro-pared by: Merrimack Engineering Services
66 Park Street
Andover, MassaQhuretts 01810
Data: April, 1990 . Revised, June 1990 .
Scale: 1® = 4O • Sheets, l through ]
. cc: Director of public Works
Board of Public Worts
Highway Surveyor
Building Inspector
Board of health
Assesscr8
Conservation CoBAi88ion
Police chief
Fire chief
Applicant
Engineer
File
-"OWN OF NORTH IUS T"`T"
D�JV'151014, OF PUBLIC WORKS,
IRFa-Twosa as r".,Pw FAXe (508) 6 E$3 �..3,E31
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*I AndcvVer, MA 018,45
Daazir ICIr^. Fr;, rr'ra:
'd h D i i i rmkll ";a " Public Works has reviewed the P'1 rvu o
the prop s4,ed of ic7dk,� builcflrigG Additiorrl, at: 3 T4gr"n i. v' Strolet. we,
have the followiniP, cofivii!aviltq to: make:
I w, The sowiorw C.d;:"r`n,tr"ec ion R U%t comply with,h,, OL
C. 2 '5. 4 w -tire 314 CMR 7. 00.
F. Easement p l sang and doc umen for ,the rieromtod main
prior to, connection ,f isewer service to the p r o p cw,s e
dui1d,inq addition.
3. The exiiAirig! main Mer is 1 ''" V. C. pipe and shrziuld
be replaced w i l"i, the, same, s i g .
. 'rhe a ban t)ed portion of th,v existing, l 0"" ' . C. zewer
tiwts,t bw g p rat d and properly Iplugged a upstream
f the sewer Service Connection to the xi ting
Maui1,d inq.
5.. (4 separa,te era s--t'a"r i l t plan and profile of the n o w,
newcar installAtion prepared at 1 "- 401 horizontal
sQallw and1 "-41 vc?rtical, scaleo sh,al l be, ubmit t d,
to the D i'v i%i on, of PlAb 1 i,c Work f o r„ r a v i sw .a n d
approval Prior to of the arc ww r� vo nrrvct, ion
f i r th,w buildingadditi,na,n.
. wear c0n ntc:t f On Po"M i t Most to obtained fr;care
the Di,visiarti of Public: Work% for the building
addition. The permit will Y'Fquire wit iRat ion of
existinn infiitration/ inflpy from the rvQei. inp
sMOM at a ratio at 4 to l or whata erg ratio of
mitigation in r4egQirod by the Russ. Department of
Environmental Protection at t ha t i Me of permit
application. The boom of the oltigation
ratio will be projected sewage flaws from the
building addition eaNalated in acuordarpe with 314
CAT 7. 00. They m i t i gat i are is r*erq u i r ad because the
receiving sewer apes system know as the West 81dLe
Interceptor has boon datormired to bo over capacity
true to infiltration/inflow.
Very truly you m,
d AA
J. William HmQrwiak
Director of EngAne wr iaR
Rdoinistratioh
JWHi lb
col Uver green PSSQCintes
Merrimack Er pireerirg Services