HomeMy WebLinkAbout2001-07-11 Decision SPR Town of North Andover i40RTbp
Office of the Pla iin Department � �#iT4F� ±;��
Community Development ment and Services Division
7 Charles Street
Tartu Andover,Massachusetts 01845 t� MP&
HeU Griffin Telephone( 78)688-9535
Planning Director Fax (978)688-954E2
Notice Of Decision
! , Any appeal shall be filed ,
' Within ( 0) days after the 0. IS I-I QM;Fy 2haf Mt;nty�201
i�hp AI;psed frcmi data ofdeGS;un,fi' z: t
Date of fling this Notke +ILMLEt Milo Of an appear. -�-
In the ( ce of the Town Daio J'U f r
.JV F,L A. Br3duhau$ O
Clerk Town Clwk <��
Date: July 11, 2001
Date of hearing: July 10, 2001
Peta#iort of: Atlantic Realty Trust 342 North Main Street Andover NJA 01810
Premises Affected: 740 Tumpi e Street Forth Andover, MA 01845
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 8.3 and 10.3,
o as to Dhow: the construvtion of 5,326 square foot car wash facility Vcated in the
Village onmierc 1 Toning District.
After a public Dearing given on the above state, the PlanniiRg Board voted to APPROVE,
the Special Permit for Site Plan Review, lased upon the following conditions:
Signed:
tn l ins, 1 airman
Cc; Applicant erto Angles, Mice Cbairman
Engineer Richard Nardella, Clerk
Abutters Richard Rowen
DPW Alison Lescarbeau =
Buildlug Department
Conservation department
Health Department
ZBA ATTEST*
ESS"EX NORTH PEG ISTRY OF IDEFI)S A True COPY
A TRUE COPY. AT TEST;
Towr� Clerk
BOARD OF■■AFFI M 9 6&t-9541 BIRL IMOUAMbr VAS' N 68 MI9 HEALTH 68&45 PLANNI i,�688A533
740 Turnpike Street-Car Wash Faidlity
Site Plan Review - Special Permit
The Planning Board herein approves the. Special Permit/Site, Ply Review for the
c,onstractibn of a 5,326 square foot car washy facility located in the Village Co nercW
Zoning District..Tlvs Special Penult was requested by Atlantic Realty Trust, 342 North
Main Street, Andover, MA 0184 . This application was filed with the Planning Board
on mute 25, 2001. The appUcmit subrnitted a complete application which was noticed
and reviewed in arcordame with Section 8.3, 10.3, and 10.31 of the Town of North
Andover Zoning Bylaw and MGL CADA, Sec. 9
The Naming, Board makes the, hollowing findings as required by the North
Andover Zoning Bylaws Section 8.3 and 10.3:
FINDINGS OF F,A T-
I. The specific site is an appropriate location for the project as it is located in the Village
Commercial Zone and involves the construction* of a car wash facility which is an
appropriate use as deemed by the Building Commissioner in his )etter dated
September 25, 2000 (attached).
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer
has been provided. Extewive landscaping has been provided along the
ingress/egress point to the oar wash facility and along Route 114 and will be planted
in accordance with the recommendations from Mchael D. Howard, Environmental
Scientist and his letter d ed March 20, 2001 (attached). Furthermore, the car wash
1 61ity will be comprised of'a combination of split face cement block, cedar wood-
siding and architectural designed roof shingles and has been designed to street the
architectural standards ofthie Village Commercial District.
1 "There will be no nuisance or serious hazed to vehicles or pedestrians. An Ons3te
Traffic Management Plait has been submitted by. DJK Associntts, Inc. and reviewed
and approved by the Outside Consulting Engineer,V.mwse. flangm Btustlin,Inc.
4. The landscaping approved as a part of this pleat Meets the requ malts of cf; n ,4
as amended by the Planning Board, of the North Andover Zoning Bylaw,
, The site duaimge, system is designed in accordauce with the Town Bylaw
requirerttents and has been reviewed and approved by the Outside Consultkig
Engineer, Vanasse,Banger Brustlin, Inc;
. The applicant has met the requirements of the Town for Site flan Review as slated in
Section 8.3 of the ZDning Bylaw;
7, Adequate and appropriate facilities will be provided for the proper operation of the
proposed use,
l
Finally the Planning Board finds that this projeat generally complies v4th the Town of
Forth Andover Zoning Bylaw requirements as list?d in Section 8.35 but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an
approval to the applicant provided the followiug conditions are md.
SPE IAA CONDITIONS.
x. Prior to the endowment of the glans by the Planning Board, the applicant
must comply with the following conditions—
a) The foal phm must be reviewed and approved by the DPW mid the Town
Planner and subsequently endorsed by the Planning Board. The final plans
must be submitted for review within ninety days of filing the decision
with the Town Clear ,
b) A bond in the amount of five thousand ($5,000) dollars must be posted
for the purpose of insuring that a final as-built plan showing the location
of all on-site utilities, structures, curb eats, parking spaces, topography,
and dralriage facilities is submitted. The bond is aho in place to insure
that the site is constructed in accordance with the approved pima. The
form of security must be acceptable to the Planning Department.
c) The applicant gust supply a copy of the approved Massachusetts Highway
DepWtn nt permits necessary for construction of the site to the Planning
Departrr�ent. .
d) The applict must supply a letter from Dennis Bedrosian, Drinking WTI'
Superintendent for the Town of Forth Andover, stating that all of his
concerns in his memorandum dated 15101 have been addressed
satisfactorily. attached
Z. Tbroughoat and During Construction.
a) Dust mitigation and roadway cleaning must be perforirred weekly, or as deem
necesswy by the Town Planner, throughout the oonsttuction process.
b) . A construction schedule shall be submitted to the Phwning Staff for the
purpose of tracking the conAruction and informing the public of anticipated
activities ors the site.
c) Hours of operation daring consliuction are lialited from 7 a m. to 5 p.rm,
Monday through,Friday and 8 a.m.—5 p.m. on Saturdays.
d) During construction, the site must be kQpt clean and swept regularly
2
3. Prior to FORM IT vertrication (Build' ig Permit issuance);
a) The Plamiing Board must endorse the final site plan mylars and three (3
copies of the signed puns must be delivered to the.Planning Department.
b) One certified copy of the recorded decision must be submitted to the
Planning Department,
c The applicant is required to pay sewer mitigation fees in accordance with
the current and prescribed policies at the Department of Public Works.
Proof of payment must be supplied to the Pkmt i Department.
s ,
4. Prior to verifeation of the Certificate of 0ecupancy:
a The applict must submit a letter l'rorn the architect and enneer of the
project stating that the building, sighs, landscaping, lighting and site layout
substantiaDy coMly widi the plans references) at the end of this decision as
endorsed by the Pbnv3ng Hoard.
b) The Planning Staff shR approve all artificial lighting used to illuminate the
site. All lighting shall have underground wing and shall be so arranged that
all direct rays from such lighting falts entirely within the site and shall be
shielded or recessed so as not to shine upon abutting properties or streets. The
Planning Sty` shall review the site. Any changes to tlw approved ligh#ang
plat as may be reascimbly required by the Plamming Staff shall be made at the
owner's expense. All site lighting shall provide 'security for the site and
stmotures however it must not create any glare or project any light onto
adjacent residential properties.
c) The applicant will post a sign outside of the building that states. "No loud
music from 7:00 pm- 7:00 am - police take notice."
d The applicant will be responsible for planting a hemlock or arbor vitae .
evergreen vegetation buffer spaced between 4 and 6 feet, or as ne ded to
provide sufficient scr'eerr, insuring between 6 and S feet In}height. This
buffer will purr along the repahiing wall on the northern side of the
property for approxiately 1 t 0' or as needed to provide sufficient
screening from the abutter's PropeAy. The screening will be approved by
the Planning Staff before release of final bond, and any changes to the
screening as niay be reasonably required by the Planning Staff shall be
made at the o'wnees expense. The owner shall be responsible for promptly
maintaining and repairing such retaining wall and promptly replacing any
such evergreens as rnecess ry,
e) The applicant wilt be responsible for creating a 3 foot berm wax a
hemlock or arbor vitae evergreen vegetation(measuring between 6 and 8
feet in height, for a total height of not less than 9 feet) buffer behind the
durapster to the north of the property running to the northeast corner of
3
the stone wall for approxi t ly 0'. The applicant will also i iolude a
five foot vinyl clad fence tied to the stone wail behind the dompster for
' approximately 601 and tying inn to the northeast stone wall. The planting,
berry, and fence wiH be approved by the Planning Staff before release of
final bond, and any'changes to the planting, beral, and fence as may be
reasonably required by the Plaming Staff shall be made at the owner's
expense. The owner shall be responsible for promptly innaintaining and
repairing such wall and fence and for promptly replacing any such
evergreens, as necessary.
5. Prior to the fmal release of security:
a) The Pluming Sty' shall review the site. Any screening as may be
reasonably required by the Pluaiuig Staff wifl be added at the applicant's
expense. Specifically after the detention pond is completed, the Town
flamer will review the 'site and any screening..as nl%y be 'reasonably
required by the Town Planner wilt be added at the applicant's expense
b A final as-but plate showing &Rd topography, the location of all on- site
utilities, structures, curb cuts, parking spaces aid dr inago facilities must
be submitted to and reviewed by tine' Plarroing Staff and the Division of
Public Works.
. Any stockpibg of materials dirt, wood, construction niaterial; ebcj must be
shown on a plan and reviewed and approved by the Pk ni g Staff. Any approved
piles must remain covered at all times to ininimize any dust problems that may
omur with adjacent properties. Any stock piles to remain for longer than one
week roust be fenced of and covered.
7. During construction, In an effort to reduce Noise levels, the applicant sIM11 keep
in optimum working order, through regular r internancc, any and ail equipment
that shall eauanate sounds from the structures or site-
S. Any plant, trees or shrubs that have been incorporated into the Landscape Plan
approved in #his dcoision that die within one year from the date of planting shall
be replaced by the owner.
. The contractor shall contact Dig Safe at least 72-hours prior to commencing any
excavation.
10. Gas, Telephone, fable and iJl ctric utilities shall be installed undergrom as
specified by the respective utility companies.
11. o open burning shall be. done except as is permitted dung burning season under
the Fire Department regulations.
4
12. No underground fuel storage shall be installed except as ray be allowed by Town
,Regulations,
13. The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees and €ll successors and assigns in Merest or control.
14. Any action by a Town Road, Commissioi4 or Department, which requires
changes is the ply or de.s of the building, as presented'to the Planning Board,
may be subject to modification by the Phmning Board.
t
15. ,A.iy Tevisiom shall be submitted to the Town Purer for review. If these
revisions are deed substantial, the applicant must subrnit revised plans to the
PLmaing Board for approval,
16. This SpeQial Permit approval shall be deemed to have lapsed after
(two .years fiom the date permit granted) unless substantial use or construction, has
commenced. Substantial use or conrstruoion w1 be determimd by a majority
vote of the Plwming Board,
17. Trash pickup will occur between lam and 7prn only.
19. The Qwrent appfioant is the ovmer acid any prior applicant is no longer in control
of the property.
}
19. The Mowing information 4md be de ned part of the decision:
Flan 'Titled: Site Development Permit Plan Proposed Car Nash Faclq
Plan of Land hi North Andover, Massachusetts
Prepared for: Atlantic Realty Trust
342.North Main Street
North Andover, Mass. 01845
Prepared By: l erxin=k Engineering Services
66 Park Street
Andover, MA 01845
Scale: 1"=4.0'
Date: Jerre 22, 2001
Plan Titled. Onsite Traffic Maas a ent Flan
Prepared for: Atlantic Realty Trust, North Andover, Massachusetts
Dated; 7.1510.1
Scale:
Prepared-By: DJK Associates, Ino,
Two Dundee Park, Suite 301, Andover, MA 01810
Report Titled: Traffic In)pact & Access Study, Proposed Car Wash
Prepared By: DJK Associates, In.
Two Dundee Park, Suite 301, Andover, MA 01810
Date: 7/5101
Report Titled: Drain4ge Deport
Atlantic Realty Trust
North Andover, IAA
Prepared By; Merri=ck E leering Se czs, Inc.
66 Park Street
Andover, MA 01810
Dale: July 6, 2001
cc: Applicant
Engineff
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6
TOWN OF NORTIT A DOVER
OFFICE Or.
COMMUNITY DEVELOPMENT AND SERVICES
27 CHARI ES STREIET
NORTH AN DOVE P, MASS ACHUS ETTS 0I845
a FAX (978)688-954
.
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F.d
SePternber 25,200D
John 1--eman
45 Pkne Ridge Road
North Andover MAO i 845
Re, Proposed tsar Wash
- 74D TuTnplke Street
Dear Kr-
be advised that since a far wash isana cessory use under Section 4,131 o
t
g'.` er mI Bus[nc*$
D'sstrict" and sirSCe SCCtfarl 4,130"ViJIage COMMereial D'astrir r'w�jq adopted nt the t9 €n
"Main tairE all the aEfowAnces, n on-Al€aware and sPee�al Permit designa#Earls slrn 87�overt Meet
caEurnn entitled General busEr=except the foilowing: EEar to those kd under the
} Auto Service Station-- insert the ward No Y
Auto Vehicle Ropajr, Body Shop—insert the wart! Iqo
* Bus Garage—insert tiro word No
* Storage 4�r ContTactors Yard—in58 the word No
• New, Car Sales—insert t€ to work No
• Room ing Molise—insert the word Ne
In my opinion 'hat a car'wash fs an a]10 Erse 3n the Vif€s
questions please calk me at 688-9S43, ge Cu
ratrrtetckal District. Efyou €raye any
Very truly yours,
D. Robert Tlicetta,
Building Cornnitssianer
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Fla- Tumpfke Ss,F-Ia
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Office of the Planning Department
ommui>:ify Development and Services Division
M 4
27 Cliarlps Street
1.1eicii CTiffill Trlcpbone (978)688-9535
Planning Direrto)- Fax(978)688�9542
0cwbLr 23,2001
Clrristbia Minicticei, Pizgject Manager
Atlantic fealty Trust
P.O. Box 3039
Andover, MA 01 S 10
Re- 740 Turnpike Street
Ma. i inicacci,
The Planiii ig Ueparim"t has received your i'finzl site plsn", This PIR11 is not the"final site pIan",the suhmitted
plan dated,tune 22,2001 endorsed August 1, 2001 are the final plaps of record for this project.
Ire your letter you are statiW that revisionn need to be mado to the primary building and adj��I Eeuts to&uKqur1'ace
drainage s€ ctures,water and sapitary utility layout. In aczordanuc with the Town of North Andover Zoning
Bylaw Section 9.3.8 Revisions to Approved Site Plan
a) Any revision to a developm .t that has sew red site plan approval shall he submitted to Me Town
Flatuier for review. No revisions shall be approved until the Town Phinaer receives three(3)
copies of the revi&2d plan =d the revisions on the plan fal I into the fol€okwing categor iuNj
f) A diange of location and layout of any park hig area(s),219n,5,storage or
accessory buildinp, Provided that au Town Bylaws are violated by the change;
i i) The ch wige in the proposed laudscaping plan which does not violate any Town
Bylaw
iii) A change of egress and ingress provided the salve is in compliance with Town
Bylaws and the requirements o€'the Communwealth
The Town Planner cau.uot approve the revisfons as you are suggesting is your ielter dated Octoher 22,2001-
You nee to provide the Plarming.Board with a Iist of the clxauges and delsiI as to why the changes Eirf,necessary
to the plan. Wo have scheduled you to mne bicfure the Planning board on October 30,2001. At that thne the
P Iariniug Board wi I€ determine if th a Changes call bo mEted. 1 f you have any que4ions please contact]he
Planning Department at(978) 688-9535.
StCeroiy,
Heidi Griffin
Town Planner
cc:; Planning Roard
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