HomeMy WebLinkAbout2006-02-13 Recorded Decision 'too Toy �
Town of North Andover
P Office of the Planning Department pE: FIV-p
Community Development Street
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Lincoln Daley a
F(978)688-9542
NOTICE OF DECISION This is la cArWy that twcm r(20)days
hava elapsed If am date of deGsico.fled
without fil€reg of pal.
Any appeal shall be filed .Dale . ayg
within(20)days after the Joyce&Bradshaw
date of filing this Notice Town Clerk
in the office of the Town
le&
Date. February 13, 2006
Application filed: November 3, 2005
Date of Hearings: 121201 005 —2/712006
petition of San it Mulherjee, M.D. 238 Sutton Street, North Andover, MA 01845
Premises Affected: 217— 219 Simon Street, forth Andover, 11 A 01845,Map 39 Lot 14.
Referring to the above petition for a Site Plan Review Special Permit in order to a �oi `thty ;
conversion of an existing two-family residential building into a commereW building for use as a
medical office within the I-S zoning district. r
A.fler a public hearing given on the alcove date, and upon a motion by John Simons, 24 b ea'Pk ~�
Green to APPROVE the Site Plan Review Special Permit, Vote was unanimous 5-0.
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Lincoln Dal , "own P Cr
North Andover Naming Board
Richard Nardella, Chairman
John Simons, Vice ChMirman
CC.- Applicant Alberto Angles cn
dear Jack Green Lj
Abutters Richard Rowan, Alternate
DPW
Tomi p�rin,c�ls
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Si a Plwk Review Special FenniE
Page 1
The Planning Board herein approves the Site Plan Revit;w Special Pet it for the
conversion ofart existing two-family residential buiIding into a commercial building for vse as a
medical office, increased impervious surface, construction of 12 parking spaces,and landscape
work. The property is located at 217 and 219 Sutton Street, Assessor's Map 39, Parcel 14 within
the I-S zoning district. No structural changcs are being proposed. This Speciat Permit was
requcsted by Sunit M ukherjee, My D., 238 Salton Street, Forth Andover, MA 01845. The
application was filed with the Planning Board on November 3, 2005. The applicant submitted a
comp letc application that was noticed and rev itiwed in accordance with Sections 8.3, of the
Town of lord} Andover Zooning Bylaw and II GL 40A, sec. 9.
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaws Section 8.3 and 10.3.
FINDINGS OF IiA T-
1. The specific site is an appropriate location for a project looted within the 1-S zoning district
involving the conversion of the existing two-family residential structure into a medical
office, the construction of a parking area consisting of 12 spaces, site lighting, and
landscaping. The proposal will maintain the character of established business and residential
neighborhood by utilizing the existing footprint and maintaining the architectural design of
the residential structure.
. 'floe use as developed will not adversely affect the neighbor-hood as a sufficient buffer has
been provided along the frontage of Sutton Street and perimeter of the 'property. The
landscaping has begirt placed so as to enhance the appearance along 'the frontage of Sutton
Street and in accordance with the landscaping and site plans referenced in Condition 922.
All plantings and screening depicted on the approved plays mferenced herein shall remain in
perpetuity over the life of the project at the expense of the owner.
a, f"ciicing, There will be a uniform wooden picket fence placed on the perimeter of the site
at finished grade in compliance with. Section 9.4 Screening and Landscaping
Requirements for Off-Site Gommnercial and Industrial District. Said fence will be
maintained in good condition at all tunes.
b.' Ornamental Trees and Shrubs: The landscape plait consists of 2 Flowering Dogwood
Trees, 3 Yew Shrubs, 9 Boxwood English shrubs, 3 Hydrangeas, 4 Rhododendron plants,
and other miscellaneous flowers,
3, 'There will be no nuisance or serious hazard to vehicles or pedestrians, The applicant has
demonstrated that the proposed i mprovernents will not increase traffic flow or volumes, will
improve on-site circ tilati€rn, and provide for enhanced pedestrian connections throughout the
property and on Sutton Street, An entrance and exit sign have been added at the entrance and
egress on to Sutton Street, The dumpster will be located and accessed iinniediately behind
the main 2 ' story building. The dumpster will be enclosed and locktA Lighting for the
sight wxihl consist of low wattage sodium and instal halide lighting attached to the building
and pedestal lighting for landscaping all. All lighting will be downcast. A wheelchair ramp
access has been proposed along the easterly side of'tht! main building.
217—219 Surion Street
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4. The landscaping approved as part of this plant meets the requirements of Section 8.4 of the
North Andover Zoning Bylaw as amended by the Planning board.
5. The site drainage systetrt is designed in accordatice with the Town Bylaw requirements and
has been reviewed and approved by the Town Engineer.
6. The applicant has wet the requirements of the Town for Side Plan Review as stated in Section
8.3 of the Zoning Bylaw.
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use: The project includes grading sufficient to hold and manage the increase in runoff'
resulting from the new impervious surface.
S. On Novembcr 8, 2005, the Zoning Board or Appeals granted a dimensional variace from
Section 8, Paragraph 9.1.7 of the Zoning Bylaw for relief from the requirements for driveway
width and for a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw for the
extension of pre-existing, non-cop forming structure on a pre-existing, non-con l"orming lot.
Finally the Planning Board Iinds t1hat this project generally complies with the Town of Torth
Andover Zoning Bylaw requirements as listed in Section 8,35 but requires conditions in order to
be fully in complian". The Planning Board licreby grants an approval to the applicant provided
the following conditions are pact:
SPECIAL CONDITIONS:
1. The developer shall designate an independent Environmental Monitor who shall be
chosen in consultation with the, Planning and Community Development Staff. The
Environmental Mo>iitor shall prepare weekly inspections and submit monthly project
reports to the Planning Board throughout the duration of the project. The monthly reports
sbail detail area of non-compliance, if any and actions taken to resolve these issues. The
designated monitor may not be applicant and/or developer The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Pluming ward
designated official.
. The applicant shall designate are indepelndent construction monitor who shall be chosen in
consultation with the Planning Department, The construction monitor must be available
upon four (4) hours' notice to inspect the site with the Plasuiing Board designated official.
The construction monitor shall make weekly inspections of the project arrd file monthly
reports to the Planning Board throughou the duration of the project.. The monthly reports
shall detail area ol`aunt-compliance, if any, and actions taken to resolve these issues.
3. friar to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
a) The final plans must bp, reviewed and appro-ved by the DPW and the 'town
Planner and subsequently endorsed by the Planning Board. The finial plans must
Site Plan Kcirrew Spcciut Permit
Page 3
be submitted for review within ninety days of filing the decision with the Town
Clerk,
b) A bond in the amount of two-thousand dollars ($ ,OCO) most 6e posted for the
purpose of insuring that a final as-built plan showing the location of all on-site
utilities, structures, curb cuts, parking spaces, topography, and drainage facilities
is submitted, The bond is also in place to insure that the site is constructed in
accordance with the approved plan. The form of security must be acceptable to
the Planning Board.
c) Deeds aird easements relative to the project must be supplied to the Plarming
Staff.
4. Prior to the start (if construction:
a) During construction, the site inust be kept clean and swept regularly.
b) A construction sclieciule shall be submitted to the Planning Staff`for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
e) It shall be the responsibility of the developer to assure that no erosion on the 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 or other off-site
construction. Off-site erosion will be a basis for the Planning Board making a
'finding that the project is not in cornphance with [be plan; provided, however,that the
Plaming Board shall give the developer written notice of any such finding and ten
days to cure said condition.
d) The Town Planner must be contact s and review the site prior to any cutting on site.
The applicant shall then supply a copy of a plan, certified by a registered professional
engineer, cerfil'ying that the trees have been cut in accordance with the approved
plans.
e) The applicant shall provide the Plann'i rg Board with copies of permits, plans and
decisions received from all other town boards, commissions or departments. In
addition to receipt of these plans, the applicant shall supply the Town Planner with a
letter outlining any arrd all revisions resulting from said permits, plans and decisions
received from other town boards, commissions and departments that stiffer from the
approved plans referenced in Condition 421.
5, Prior to FORM L, verification (Building Permit Issuan3 e).-
a) The Planning Beard must endorse the final site plait mylars and three (3) copies of the
signed plans must be delivered to the Planning Department.
b) Ont!'certified copy of the recorded decision must be submitted to the Planning
Department,
Sumt
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Page 4
c) The applicant muss leave obtained a Vmiance from tJte Zoning Board of Appeals with
regards to the required sign approval, A recorded copy of the Zoning Board of
Appeals decision certifying the variallee has been received ru t be provided to the
Planning Department as proof of such,
d) The applicant shall adhere to the following requirements of [lie Worth Andover Fire
Department and the North Andover Building Depaailmcrit:
1) All structures must contain a cominercial fire sprinkler system. The, plans and
hydraulic calculations for each-commercial system shall be submitted for
review- and approval by the North Andover Fire Department. flans aartd
hydraulic calculations for each commL� rcial system strait also be supplied to
the Building Department.
. Prior to verification of the Cerfificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the project stating
that fete building, signs, landscaping, lighting-and site layout substantially comply with
the plans referenced at the end of this decisionas endorsed by the Plamrirng Board.
b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All
lighting shall have underground Widllg and shall be so arranged that all direct rays
f'roni such lighting falls entirely within the site and shall be shielded or recessed so as
not to shine upon abutting properties or streets. The Planning Staff shall review the
site. Any changes to [lie approved lighting plat} as may be reasonably required by the
Planting Staff shall be made at the ow noes expense. All site lighting sliall provide.
security for [be site and structures however it must not create any glare or project any
light onto adjacent residential properties.
c) '1'11e cosr mereial fire sprinkler systems must be installed in accordanec with
referenced standard N PA 13D and in accordance with 780 CMR, Chapter 9 of the
I assaehusetts State Building Code. Certification that tl systems have bce-n installed
properly in accordance with the above referenced.regulations must be proviai from
bout tic Forth Andover Fire Depattment and the North Andover Building Department
to the applicant. The applicant must theft provide this ceflification to the North
Andover Planning Department.
d) Any revisions to the approved sigrnage plans must conform to Section 6, Signage and
Oatdoor Lighting Regulations of the Town of North Andover Zoning Bylaw aind must
be approved by the Building Department. All additional permits and/or variances
mwt be obtained by the applicant prior to construction. Approvals of said permits
atndior variances must be submitted to the Planning Department.
7. Prior to the final release of security:
a) The Planning Staff shall review the site. Any screening as may he reasonably
mquiTed by the Planning Staff will be added at the applicant's expose.
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Page 5
b) 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 and
reviewed by the Nlaiujing S gaff and the Divisions of Public Wotks.
8. Any stoekpifing of materials (dirt, wood, construction r natcrial, etc.) must be shown oil a
plan and reviewed and approved by the Planning Staff. -Any approvttd piles must remain
covered and fenced riff at all times to minimize any chin problems that may occur with
adjacent properties-
9. In all eftbrt to reduce noise levels, the applicant shall keep in optimum working order,
tluough regular maintenance, any and all equipment that shall emanate sounds from the
tructures or site. No inechanical devices (i.e. 11VAC, vents, etc.) which may be visible
from any surrounding roadways shall be placed on the roof
10. The hours ft)r cornstniction shall be hunited to between 7:00 a.m. and 5.00 p.m. Monday
through Friday and between 9:00 a.m. anal 5:00 p.M. an Saturday.
11. Any plabis, trees, or shrubs that have been incorporated into the Landscape Plan}
approved in this decision that dic within one year from the data of planting shall be
replaced by the owner (by order of the Planning Hoard all plants, trees or shnibs must be
maintained in perpetuity). The replacement plants shall mawh the size and species as
referenced in Condition 922., Landscape flan,
12, The contractor shall contact Dig Safe at least 72 hotirs prior' to commencing arEy
excavation.
13, Gas, Telephone, Cable and Electric utilities shall be installed undcrground as specifier by
the respective utility companies.
14. No open burning shall be done except as is permitted during burning season under the
Fire epaitm.ent regulations.
15.No underground fuel storage shall be installed except as may be allowed by. Town
Regulations.
16. Any and all signage plants for the site, which bave beers provided to the Planning Board
during the site plant review process, were presented for the inatenals of the signage only.
Any signage plans must conforirn to Section 6, Signage and Outdoor lighting Regulations
of the Town of North Andover Zoning Bylaw. ir€ no way is the applicant to construe (hat
the Planning Board has reviewed and approved the signage plans for Zoning CoMpliarnce
as that is the jurisdiction of the Building Department.
17, The provisions of (his conditional approval small apply- to and be binding opon the
inpplican}t, its employees and all successors and assigns in interest or control.
E 7—_'1)Sutton Shoff#
sits Play Ekevkki S xcia€E'trmii
Page 6
18. Airy action by a Town Board, Commission, or Department, which requires changes Fr1 the
plan or desipi of the building, as presented to the Planning Board, may be subject to
inedification by the Planning Beard.
19. Any revisions shall be submitted to the Town Planner for review. 1f these revisions arc
deemed substantial, the applicant must submit revised plans to the Planning Board for
approval.
20. Additional erosion control incasures may be required as nefxssary or as directed by the
owner during comitruction, such as temporary sedimentation basin, row(s) of hay bales
and/or silt fencing shall be implemented to prevent any adverse impacts due to weather
prior to completion or stabilization of site work
21. This decision for a Special Permit approval shall be deemed. to have lapsed sifter
February 7, 2008 (two years froth the date permit granted) unless substantial use or
construction has commenced. Substantial use or construction will be determined by a
nialority vote of the Planning Board.
22. The following infonnation shall be deemed part of the decision
Plan 'Filled: Plan of Land in North Andover, Mass.
- Owned by Peter and Julie Ciaraldi
Prepared For: Sunit Mukhcrjce, M.D., 238 Sutton Street, North Airdover, MA 0184
Prepared By: Scott L. Giles, P.L. .
Fratrk S. Giles, P.L.S.
50 Deermeadow Road,Noah Andover, MA 01845
Scale: 1" —20'
Date: 1111112005, Devised 12/15/05
Sheet: Sheet 2, Fence Layout F1), Landscape UghUng (L1), Sign Layout (S1�.
Study: Drainage Analysis—Sutton Street, North Andover
Prepared For: Sunit Mukherjee, M.R, 238 Sutton Street, Forth Andover, MA 01845
Prepared By: hfi dio nsen & ergi,•Inc.
160 Summer Street, Haverhill, Massachusetts 01930
Date; 11f2f2005
Pages: 4
17--��4 SuR[un Strert
Site Kim Rcti i%%V Spec W permil
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