HomeMy WebLinkAbout2001-06-21 Decision SPR 'T owit of forth Andover
Office of the Planning Department
Community Development and Services Division
+L r }
27 Charles Stme ,
Ki)rth Andover, Mamachtisekts 01845 ' ac,ads
Heidi Griffin} TQlepllune (978) 88-9535
l'f r�rr�rz ar r fx r Fax (978)688-9512
Notice Of Decision
Any appeal shall be filed --t
Within (20) days after• the mrTI
}ate orfiI!n g this Notice
lu the Office of the Town � =P�
Clerk
Date- Juiiv, 21, 2001
Date of hearing: May 1, 2001,
June 5, 2001
Petition of: North Andover Building 200 Sutton Street North Andover MA 01845
Premises Affetted: 740 Turnpike Street Forth Andover, MA 018.45
1 eferring to Me above petition for a special permit from the requiremenIs of the North
Andover Zoning Bylaw Seetion 8.3 and 10.3.
o as to allow: the constmetion of 5,326 square foot car wash facility located in the
Village Conmiercial Zoning Nstri t.
After a public hearing given on the above date, the PLanning Board voted to APPROVE,
theSpecial Pe tit for Site Plan Review, based upon the following conditions.
Signed. .
,1 Sim , Chairman
Cc. Applicant Ati to Angles, Vice Chairman
Engineer Richard Nardella, Clem
Abutters Diehard Rowen
DPW Alison Lesearbeau
Building Department
onseCvation Depariment
Health Department
BA
r3c) xT)Cyr s t' F?Ai-5 i38 934t BUILDENG 68R.9545 CONSERVATIOT 6S8-J5M HFALTH 6N-9740 Pi I'rTG GRS-9535
740 Turnpike Street-Car Wasik Facility
1te Flan Review - Special Pet-mit
'f lie Planning Board herein approves the Special YernWSite Plan Review for the
constriction of a 5,326 square foot car wa.3b facility located in the Vile COMMerciat
Zoiling District, This Special Permit was requested by North Andover Building
Corporation, 200 Sutton Street, Nordi Andover, MA 01845, This application was file
with the Planning Board on March 28, 2001, The applicant submitted a complete
application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and
10.31 ofthe Town of North Andover Zoning Bylaw and MGL CAOA, Sec.
The Plaimi.tig Roard nukes the followvig fmdings as requited by the Forth
Andover Zoning Bylaws Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The spedfis site is an appropriate location for the project as it is located in the.Village
Commercial Zone and involves the construction of a car gash facility, which is an
appropriate use as deimied by the Building Commissioner in leis letter elated
September S, 2600 (attached).
2. The use, as developed will not adversely affeO the neighborhood os a suluci nt buffer
bw been provided. Extensive landscaping has been provided along the
in =res egress point. to tine car wash facility and along Routs 114 and will be planted
in accordance witb the reco mendatioiis Rom Michael D. Howard, Enviroumental
Scientist and his letter dated Malt 20, 2001 (attached). Furtbermore, the car wash
facility will be colyqYrisM of a oombination of split face cenwnt block, cedar wood
siding and prchitec t 'al dcsigiv,-xi roof shingles and has been designed to nieet the
architectural standards of the Village Cotmi `cial District.
3. There will be no nuisance or seasons hazard to vehicles or pedestrians. Air On site
Traffic .lat gcment Plan has been submitted by DJK Associates, Inc. and reviewed
and approve by the Outside, Consulting Engineer, Vanasse, liaugen, Drustu, Inc.
4. 'rho land aping approved as a part of this plan meets the requirements of Section 8A
as arnended by the Planuing Board, of the,North Andover Zoning Bylaw;
The site drainage s stein is designed in accordance with the Town Bylaw
roquirements and has beery reviewed and approved by the Outside Consulting
Engineer, Vanaise, Hangen Brustlin, Inc,;
6. The applicant has met the regi rcmmts of the Town for Site Plan Review as staled in
Section 8.3 of the Zoning Bylaw;
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use,
Finally the Planning Board finds that this project generally connlnlies with the Town of
North Andover Zoning Bylaw requirements as listed in ectioin 9,35 but requires
conditions in order to be fully hi comphance. The Planning Board hereby grants an
approval to the applicant provided the following condiflons are met:
SPECIAL CONDITIONS—
I. Prior to the endorsement of the plans by the, Planning Board, the applicant
runs# Comply with the fallowing Cow]itions:
a) The {ingl plan inust be reviowcd and approved by the DPW and the Town
Planner and subsecluelptly endorsed by the Planning Board. The final plans
inust one submitted for review within ninety days of filing the decision
with the Town Clerk.
b) A bond in the amount of live thousand ( ,000) dollars roust be posted
for the purpose of insuring that a final as-built plan showing the location
of a on-site utilities, structures, curd cuts, parking spaces, topography,
and drainage facilities is submitte& 'Ile bond is €also in place to insure
that the site is constructed in accordance with the approved plan. The
form of sccudty must be acceptable to the Planning Department.
) The applicant must supply a copy of the approved Massachusetts Ag€tway
Department permits necessary for construetiun of the site to the Planning
Departtpent.
d) The applicant must supply a letter from Denriis Bedrosian, Drinking WTP
Superintendent for the Town of North Andover, stating that all of his
concerns in his memorandum dated 6/5/01 bave been addressed
satisfactorily. (attached)
. Throughout and Dmin.g Construction:
a) Dust mitigation and roadway cleanhig inwt be peaTorti-aed weekly, or as deemed
necessary by tine'i own Pl€mr, throughout the construction process.
b) A construction schedule shall be submitted to the Planning Staff for the
pugx")se of tracking the constrriction and informing the public of anticipated
activities on the site.
c hours of pe'ation duriizg wnstrttetlon are limited frorrr 7 a.m to S pan,
Monday dwough Friday and S a-mn —5 p.rn on Satwxlays.
d) During construction, the site must be kept clears and swept regularly
. Prior to FORM If verification Building Permit Issuance :
2
a) The Planning Board must endorse the final site plan mylars and three 3)
copies of the sighed plans must be delivered to (lie Plarming Department.
b) One certified copy of the reex)rded decision must be submitted to the
phnining Department.
c The applicant is required to pay sewer mitigation fees in accord"Ce with
the current and prescribed policies at the Departmd--nt of Public Works,
Proof of payment trust be supplied to'the Planning Department.
4. Prior t9 verification of the Certificate of Occapaney;
a) The applicant must subjrtit a letter from the architect and engk=r of the
project stathig that the building, signs, landscaping, ligift and site layout
substantially comply with the plaits releralc at the end of this decision as
endorse b the Planning Bo€i cd.
b) The Planning Staff shall approve all artificial lighting used to ill>>nik to
the site. All lighting shall have underground wiring and shall be so
arranged that till direct rays from such lighting falls entirely within the site
and steal be shinl&-d or recessed so as not to shine upon abutf-ing
properties or streets. 'Yk Planning Staff sbaR review the site. Any
changes to the approved lighting plan as may be reasonably required by
the PWuft Staff shall be ntade at the owner's expense, All site lighting
shall provide secu�tity for the site.and structures however it mask not create
r, any glare or pro*( any light onto adjacent residential properties.
5. Prior to the final mlease of security:
a) The Planning Staff shall review the site. Any screerdng as may be
r4�ta nably required by the Planning Staff will be added at the applicant's
expense. Specificafty after the detention pouf is completed, the Town
Plwuier will review the site and any screening as may be reasonably
requireq by the` `own Planner will be added at the applicant's expense
b) A final as-built plan showing final topography, the location of all QB- site
utilities, structures, curb cuts, parking spas and drainage facilities must
be submitted to and reviewed by the Planting Staff' and the Division of
Public Works,
. Any stockla ing of materials (dirt, wood, consiruction. nmteriA etc.) trust be
shown on a plan and reviewed and approved by the Planning Staff. Any approved
piles must remain covered at all €ivies to minimize any dust problems that may
occur with adjacent properties. Any stook piles to remain for longer than one
week must he fenced off and c o vered.
3
7. During construetion, In are effiart to reduce noise levels, the, applicant shall keep.
hi optimum working order, through regular tnahitenance, miy and all equipment
that shall emanate sounds from the structures or site.
8. Any plants, lreeg or sluubs that have been incorporated hito the Landscape Plan
approved in this decision that die within one, year from the date of plautuig shall
be replaced by the o :ner.
9� The contractor shall contact Dig Safe at least 72 hours prior to coinrriencnig any
excavation.
10, Gas, Telephone, Cable and Electric utilities shall be installed underground as
specirlo by the respective utility companies.
11. No open burning shall be done exceept as is permitted during burnhig sewn under
the Fire Departmem regulations,
12. No underground fuel storage shall be installed except as nmy be allowed by Town
.legul�#aor�s.
13. The provisions of this conditioml approval shall apply to and be binding upon the
applicant, its employees and all sur ssors and assigm in interest or control.
14, Any action by a Town Board, Commission, or Department, which requires
changes -in the plan or design of the building, as presented to the Planing Board,
inay be subject to modification by the Planning Board.
15. Any reyisions shag be subn itWd to the "Town Planner for review. Tf tbesi--
revision are deemed substantial, the applicant rust submit revised plans to the
Planning Board for approval.
16, This Special Permit approval shall be dee ed to have lapsed after
(two year ftom the date permit granted) unless substantial use or cor--trudion has
commenced. Substantial use or construction. will be determined by a nrnajority
vote of the Planning Board.
17. The following inforrm ion shall he deemed part of the decision-
Plan ')titled, Site Development Permit Plan Proposed Car Wash Facility
Plan of Land in North Andover, Massach-usotts
Prepared for: North Andover Building Corporation
200 Sutton Street
North Andover, bass. 01845
Prepared By: Merrimack Engineering Seiviees
66 Park Street
Andover, MA 01845
Scale: 1"L 40'
Date: February 21, 2001, revised May 16, 2001
4
T
Plan Titled: Oii&ite Trio Mamgemcnt Plan
Prepared fog'. John Lceman,North Aiidover, 1assachusctts
Dated: 1 /21/00
1e: 1"=20'
Prepared By: DJK Associates, Inc.
Two Dundee Park, Suite 301, Andover, MA 01810
Report Titled: Traffic InTact & Access Study, Proposed Cav Wash
N-e ared By: DJK Associat", Inc.
Two Dundce Park, Suite 301, Andover, MA 0 18 10
Date: May 2001
Report Titled: Drainage Report
lac»tth Andover 131aild ng Corpmation
0{1 Sutton Street
'forth Andover, MA
Prepared By: t-rrima k Engnicering Services, Inc.
.66 Park.-Stmet
Andover, MA 01810
Date March 28, 2001
c : Appficant
Enginour
Rile
5
TOWN OF NORTH ANDOVER
OFFICE OF
COMMUNITY E L T AND SERVICES
7 CHARLES STREET
NORTH ANI)OVF-R, MA SSAC HUSETTS 0184
IF
Telephone(978) 688-95415
c. y
FAX (978)688- 542
1�
r�}
uptember 25,2000
John Leeman'
45 Pine Ridge Road
North Andover MA 01945
Re, Proposed CaF Wash
740 Turnpike Street
E�car Mr, 1•.mnian:
Flea se be advises that since a car wash is an acces_�,ory use under Section 4.131 "Oeneral Business
Dishriek" and since Section 4,130"Village Commercial D€strut"was adopted at the 1987 Town Meeting#a
"])maintain all the allowances, non-allowances and special permit desigpatia�s similar to those round tiflder the
Column entitled General business except the €ollowi :
• Auto Service Statism -insert the►vord No
* Auto Vehicle Repair, 20dy Shop- insert the word No
Bras Garage-, insert the word No
Storage or Contractors Yard - inset the word No
* Al� Car Saes--insert the work No
Rooming Hoilse- insert tic word o„
In my opinicin that a car wash is an allmved rise in thu Vi1€age Commercial District. 1f you have any
questions pIca_%e ea I me at 688-954 .
Very trit ly yours,
D" Robert Nicetta,
BuUding C on�]t�iSsiorier
ORNTim
Fud: Ttu;gmo- c SE.7-10
MEMORANDUM
Date: March 20, .2001
To: North Andover Budding Corporation ,
t
From: Michael D. €-toward, Enviranmerttaf 5cieptis1-: ti
Subject: Planting List — Proposed Car Wash Facility, Ftt:X , forth Andover, MA,
MEMO-
It is our understanding that the North Andover Planning Board (€ AP[3) has requested additional
screen 1n , at the ingressfegress po1nt to the above referenced devefopment in an effort to m i n i M ize.
the visibility of proposed retaining waifs from Route 114.
The available PkMfing area is lim ted in Size in that the entrance driveway and associated retaining
Walt are SUO-Onnd,�2d by a ju r isd ict ionza I wetland m5ource area. I addition, there is Iifnited space to
" plant between the proposed concrete curb and the re-cons.tructed guardrail. there is a pproximatel
i' 140 squara feet (2 x 70' +I-) that can} be planted along the western retaining wall and
approximately 60 square feet Q x 20' +!-} that can be planted along the eastern retaining wall (see
.' � Sheet 3 of 9).
+' With this in mind, Epsilon A$5ocfates has prepared the fol[owing plar3tirMg fist for the N Pi3`S review
and consideration). Thi,, list, which includes a combination of native shrUb species, a-5 corr'EpiI d
from a publication entitled Roadside Use of Native Plants (dated A ugUs# 2000). Each of the plants
.. described hklreip are tolerant of stressed co nd-Etio�ls typically associated with the shoulder of a
highway (I.e., road .4, debris, runoff and are comparable to those plants found in the dowrx
gradient etiaf,d. We stayed away from tree species because of llrnimted space and the rooting area
req(dred for such species.
a
.....
...... Stes 'lai -Pfar nize
5etvice#perry Ametanchier 3-4' 5-feel on center 3
ctanadensls
BIiick Alder Rex yertibliala 3 -4' 5-feet Ot] celiter 3
_..
Speckled Airier Alms rugo5a _ 3 4' 5--feet on Celt�er 3
�. . ..... ....... .. _.
Sweet Pepper-bus€, Clethra alnlr lii� 3-4' random 3
Once construction activiti�ts are cornptete, you.miy want to coj.sI&z--,sEpplemE1nVng this plant list
with additioriaf plantings should your find that there is additional space to do so.
G� I A5500ATFS FNC.
PkM En cj Int-ery ' F 11 Vi;41 n m em t3 I CMS SLIR o rL t%
Letter of Agreement
Based on our ineeting on July S, 2001, listed below is what we believe to be our fiml
agreznient of conditions to be added to the 1'Wuiing Board decision of July 10, 2001
relative to the proposed canstraction of the Rte. 114 Car wash by Atlantic Realty Trost,
1. The applicant will be responsible for planting a hemlock oir arbor vitae evergit,-en
vegetation butler spaced between 4 mid 6 feet, or as reveled to provide sufficient
screen, measuring between b and 8 feet in Height. TWs buffer will run along the
retahiuig wall on the northern side of the property for approxi ately l 10' or as
needed to provide sufficient screening from abutter's property. The screening will
be approved by the Planning Stall'berore release of final bmid, and any changes
to tli� scieenhig as may be reasonably required by the Planning Staff shall be
made at the owner's expense. The owner shall be responsible for promptly
i intabibig and repairing such retaining wall and promptly replacing any such
evergreens, as necessary.
. Thk- applic:aiA will be responsible for creating ak 3 foot bt-,nn with a henitock or
arbor vitae evergreen vegetation (incasuring between 6 and S feet in height, for a
2
! '{' total height of not less tlum 9 R) buffer behind the durnpster to the north of the
property running to the northeast corner o l'the strsne wall fior approximately 60'.
The applicant will also include a five foot vinyl clad fence tied to the stone wall
} behind the duropster for approximately 60' and tying in to the noilheast stone
wall. The planting, bt irm and Iencc wiH be approved by the Phuming Staff before
release of dal bond, and any changes to the planting,, berm & fence a,; may be
reasonably rewired by the Plannhig Staff shall be inade at the owner's expense,
The owner shall be responsible fbtr promptly maintaining and repairing such wall
and fence and for promptly replacing any such evergreem,, as necessary.
s 3. The rear lighting will provide no light spill beyond edge of pavenient and the light
t source in the rear will be deflected (shielded) so as no to be seen from abutter's
r property. The lighting will be approved by the Planning sur before release of
3 final bond, and ►ray cbariges to the approved l o,ituig plan as may be masonably
required by the PlaTming Staffshall be made at the owner's expense.
4. Trash pickup wig occur between Tarn and 7 pm only.
� . The applicant will post a sign out side ol'the building that states: "No loud music
frown 7-00 p —7:00 arn— police take notice"
ka
SUDN
Page t of 2
, By aceeptance of these additional conditions to he added to the Planning Board
decision dated July 10, 2001, the abutting party Jcflrcy and Kim C:aple (Bartle)
hereby waive zny slalutory rights to appeal such 7110/01 Planning board decision
as amended by this Letter Agreement, However, in the event. such decision is
fbilher amended beyond the revisions specifically set forth hex:eiD, such abutting
party retains all future rights to appeal an(Vor contest such further sanvndecf
decision.
Agreed, July 9, 2001.
Jeff Caple Thomas D. Landani, Trustec
585 Chestnut Street Atlantic Realty TraA
North A.ndovcr, MA 01845 342 N. Main Street
PO Box 3039
ALidover, NIA 01945
Kim C:apie
5 Chestnut Stmet
NoTt r Andover, MA 01845
F'age 2 of 2