The URL can be used to link to this page

Home My WebLink About2008-06-18 Recorded Decision Bk 11 5 P!054 1:573 COVER SHEET TMS,I.S THE FIRST 'AGE OF 'CMS D OCUINENT DONOTREMOVE GRANTOR GRANT RE ADDRESS OF PROPERTY y /To T"E, of 4l". "-.6D TYPE RTGAGE TYPE -CERSUBORDINATION TYPE TYPE DE- 'OF'TRUST OTIMR DESCRIBE gsex North Registry of Deeds o f F. . Iley, R eagis ter 4 Merrimack St. Suite 304 - Lawrence,-M- 01843 wwwlawre ced eds.com F p oft ` 'own of Now Andover kj JF Office of the Pianremg DepartMent Pkb Comm umitY DevelOPIftent Md Services Divi ion Landing � FAH �;, , 16 good Stint Btuldirkg 420, Suite. -36 - North Andover, Mossachuselb 01845 }'° �;a �. 1, F (978) 688-�54 N f UCE OF DE J SJOl4 This Is io rArRy IM"rity(20)days have 2&PW frorn date Of cfed9jpp,flfed Any appeal shall be filed wFthQuti9€IMe a msl, vd riihir� (20).days after the Town Clerk tl 1�pVr kte of filing this otioe iii the office of the Town Clef k, Date; Jrulc 18, 2008 Application file: April 16, 2008 Date of hearings: May 20, 2008 & June 3, & June 17, 2008 Pet Lion of Sun it.11dukherjee, M.D. Manages of Chief, JJC of213-215 Batton Street, North Andover, MA 01 4 5. i'seniiscs Affected; 213 —215 Sutton Street, North Andover,CIA 01845,Map 39 Lot 15. Referring to the above petition for a Site Plan review Special Permit Sri order to allow the c oiwersion of an existing two-story residential duelling ftnto a oommercial building for use as a �ncdicai office within the I-S zor�ng district, A1lor a public hr. , ng given on the above dale, ar)d upon a motion by Richard TRo er4 2nd by A bcao Angles to APPROVE a Site Plan Review Special Pcrirdt_ Vote was unanimous Signed: Cyst Bel I avance, Director Manning Board John Simons, Chairman Alberto Angles, Vice Chairman Richard lRowcn, regular mernber Timothy Seibert, regular member ` ATTEST: A True (pop Town-Cie rk 213-3�5 51�00 a�S r3pA�'b of�P]'�. ,5 GS8-9341 Lxi-1�1.,��TNG b6$$f6ek�1� .' ��gis24�.AI.'F'i��K$ry544 Piy4NN�N[}b'&8-�53$ Page I ThP. PIanniug Board herein approves a Site PI an Review Special Permit for the conversion of an existing residcntial sEmewre into a business offie:e 7xse. for use as a Tjx ical office, with pesviovs paveme3it su>ifa c, wnsi-cuciflou of parking spares, and landscape-work. The property is locates -- - -- s, r sGT's..'Map 3 , Marcel 1 +itl�ixl the I- coning district. No a� Sutton trcet, straaaral changes are being proposed. This Special Permit was roginested by Sunit l ukhcjee, ,L).., Manager of ClricfLLQ 213- 15 Sutton Street, North A..ndovr ,, MA 0184 , The application.was #heel with the Planning Dapa>itment on ApriI 18, 2008, The, applicant submitted a complete application that was 11oticed and reviewed in aceX)rdWjce with Sections 8.3, of the Town)-of North Andover Zonhg Bylaw a-nd MGL 40A, sec, 9. The Planning Board makes the following flndi.i s as ri-quired by the North Andover Zoning Bylaws-Section 9.3 and 10.3. FfNIANGS OF FACT. I. The specific site is an appropriate )ocafion for a project Iocated witlein the 1-S zvving district involving the conversian of the existing residential structure into a medical office, the construction of a parking area consisting of 9 spaoes, site lighting, and landscaping. The rcjposal will maintain the oharacter of established business and residential neighborhood by utilizing the existing footpflut and maintaining the arclnitoctural du igu of the residential structure. 2. The iese as devclopod will not adversely affect the r3elghborhoocl as a suffloient buffer leas I)eeEj provided along the frontage of Sutton Street acid perimeter of the pr pet . The Inndscaping has been placed so as to enhance the appearance along the xrojitage, side, and Tcar of'Sutton Street and in accordance with the landscaping and site plains, All plantings'and see a rang depicted on the approved plaTks referenced honain shall ramp do in perpetuity ovcF ilie life of the project at the expense of the owner. a. I^ef... .cirY Tho-e will be a uniform vinyl :Fenue placed on the perimeter of the; cite at finished fade in compliance with Section 8,4 Screetming and Landscaping ftequiremeiats for Off-Site Cornnicrcial and Industrial District. Said fence will be lnaintaisned in good condition at all fines, b. Oniamental Trees- and.. Shrubs. The landscape plan consists of Taxas, Ilex Glabra, facrophylla normalis, Rhododendron colleti, Yews, lnlcbeiTy, Hydrangea, and other misce llanwus flowers. 3- There will be no nuisance or 5; r ous ba7ard to vehicics or pedestdans. There will be a shared driveway between bath properties. Applicant has "uested a -%vaiver of a traffic stu4-y, An entrance and oxit sign have beem added at the; ent,ance and eg -,ss onta Suq?r�„.Street MTh durnpsfcr will be located and accessed irmmcdiately behind the main 2 'A s(ory--bualdfij and will be3 utilized for bath medical offices. The dumpster will be caeloo&-:aid iced. Li htir,g R)r the, Fight will consist of low wattage sodium and metal halide �-- g att hed=. to the I)uildiu, znd pedestal lighting for landsc jng all. All lighting will be;&wncm;. A -- wheelchair ramp access has been proposed along the easterly side of the main-Jbiii ding. 233-•215 Salem ur Site P3aos ROYIP-w Special Pumit Dmisinn Page Z 4. 'T'hc site drainage system is dcsigntid in accordance with the Town Bylaw requirements and has been reviewed and approved by thv- Town Engineer. Per letter dated 5/3012008 frotrt the Town Engineer, roNuesting that the applicant call DPW for s k,- 6,,,pecti6ss before filling and again hey'{arc paving. Partioular attention needs to be paid by the appiicantlwntractnr installing the material to the quality of gravel material and depth of gravel d stone. 5. The applicant leas in et the requirements of the Town for Site Plan Rcwiew as state in Section 9-3 of'the. Zoning Bylaw. b. Adegaate and appropriate facilities will be provide Car the,pre>ptn- operation of the proposed use. The project includes grading sufficient to hold and manage, tlx(-, increase in runoff resulting from the 13ew imp('-Tvious su `ace. Finally the Phassninng Board finds that this project generally complies with the Town of NoTth Andover Zoning B laW Teqiiirernenti as listed iix SecAoii 8,35 but regllires conditions in order to be, fully in compliance. The Phanning Board herc-by grants an approval to the applicant provided the following conditions are met: SPECIAL CONDMONS. 1 . Prior to the endorsement of the plans by the Flalnuinng Board, the applicant must comply -V-V-'q-.Lh she following conditions: a) The final plants roust be revit�wed and approval by tbe, DPW and the Town Plauui�,^ and subsequently eFidoa-sed by the Planning Board. The final plays must lac submitted for review within ninety days of filing the d ci:sionn with the Town ckrk. b) A bond in the amouDt of two tbousaod dollars �$2, 00) insist be posted for the purpose of insuring that a final as-built plan showing the locations of all on-site >atilit>es, strictures, curb cots, parking &-panes, topography, and drainage facilities is sift nitte. The bond is also in place To insuFe that tho site is c: mtmulcd in accordance with the approved plan. The form of secuifty must be acceptable to thy: planning Board. c) Deeds and easonertts relative to the pi-giect must be supplicd to the Planning Staff, Prior to the start of cons tradioxn: a) During construction, the site must be kept clean and swept rcgulafl fir. b) A con.structicn schenle shall be submitted to the Planning Staff for the> purpose of tracking the const><-uction ankh hiformirtg the public of anticipated activities on the site. 213--21 s Suacw serftt Site.]'lan Review Special Pftm E Decision Page a c It shall be the responsibility of the developer to assure that no eror don on the site shall occur which will cause deposition Of soil or sedixaaen# upon adjaculit proper1l" (}r Public ways, except as normally- ancillaa• to c)lf-site sewer` or other off-site cans e fen. -sf erosIon will be a basis for the Planning Board making a finding that the project is not ire comPlian of, with the plain; provided, hawever, that the Planning Board shall give the developer written not2c;e of any s racla fnading and ten clays to cure said condition. d) The Town Planner must be cc)ntac#ed 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, c) The applicant shall: provide the Plmivag Board with copies of permits, plans and decisiois received f*roi r all other Town boauds, commissions or &.paTtments. In addition to rcec-ip# of these plans, the applicant shall supply the Town Planner with a letter oudining wiy and all revisions Tu%ulting from paid pennits, plans and do�iaiorts ye,ceiv&l from offer town boards, col-fi missions amd depaA-ments that differ frown the approved plans refcrenced in Candlition 421. 3. )Prior to FORM U verification (Building P nit lsstiancc): a) The Planning Boatel Tnust endorse the final site,plan m lars and three (3) copies of the sighed plans must be delivered to the Planning De.p ent- b) One cc-fti ed copy of the recorded decision roust lie submitted ?o the PlatininU i}�•parina ewlt. c) The applicant Tall adhere to the following requirtments of the North Andover fire Department and the 7 ortlr Andover Ruilding Department: 1) All stmotures must contain a commemial fire sprinkler systemu The plans and hydraulic calculations for each oo ina rcial systc m sliall be submitwd for review and approval by the loom Andover Fire Dcparhrnent, flans and hydraulic calculations for each comrncruial system must also be supplied to the Buxl&ag Departmmt, 4. Prior to verification of the CerHfkcate oj-oceupancy: a) The applicant must submit a letter from the aTchitect and engineer of the prgjC'Lt stating that the huildio.g, signs, landscaping, lighting mid site layout substantially cOmply With the plans reference at the eRd of this do uision as endorsed by the Planning Boaj,d. b) The Planning Staff shall approve all ai-tifictal lighting used to illuminate the site. All lighthig shall have uicler roue wiritng and shall he so arranged that all direct rays from such lighting falls entirely within the site aid shall be shiel&'d or recessed so aS not to shine upowa abutting properties or stTe - The planning Staff shall review the sift. Any changes to tlne approved lighting plan as may be reasonably required by die Planning Staff shall be made at the owner's expose. All site lighting shall provide Sett-M S[EtTl Site PEaco Ri view Spent;d pemiil Dmision Page 4 security foT tiie site and structures ho wevex it must not create any glare or proj cot any light onto adjacent residential properties. . . ......... . .. . c c commercial fire spiinkfer systems must he installed in accordance with referenci�,d standard III~PA, 13D and in aif cor lance with 780 Ch% Chapter 9 of the Massachusetts State Building Code. Certification that the systcrns /lave been installed propcxly in accordance witb the above roferenred regulations must be pmvided f-CM both the N Andover Fire Depaitmemt and tho North Andover Building Department to the applicant. The applicant must thcn provide this ecrtification tQ the North Andove- Planning DepaAment, d) Any revisions to the approved siguage plans mast con oim to Section 6, Signage and Outdoor Lighting RegWations of the Town ofNorth Andover-Zoning Bylaw and must be approved by the Building Department. All additional permits anchor variances niva be obtained by the applicant prior to construction. Approvals of said permits and/or variances insist be subrrmilicd to the Planning Depaitinent, ZBA approved a requcst #or a dimensional variance for driveway width ou /10/08. . Prior to the final release of security: a) The Planning Staff shall review the site. Any screening as may be, reasonably rewired by the Planning Staft'will 'be, added at the applicant's expense. b) A. fuml as-built plan showing final topography, the ]ovation of all on- site ntili6es, struo;-arcs, curb cuts, parkii spaces and di-26nage faetffties must he su143mj ted to ai]d mvie ed by the,Planning Staff and the Division of Public Works- b- Any stovkpihng of materials (dirt, wood, oonstruciion material, etc,) must be, shown fin a play} and reviewed and approved by the Planning Staff. Any approved piles imst remain covcrod and fenced off at all times to minimize any dust problems that may occur with adjacent properties. 7, In an effort to rediice noise levels, the applicant shall ke;cp irk optimum working order, through regular majift once, any and all quipnikmt that shall emanate sounds from the sti-=Iares or site. No ine-,hanical device (6, % HVAC, vents, etc.) which may be vbslble from any surrounding rOadway�; shall be placed on the roof. The lours for construction shah be liinite[3 to between 7:00 a.m. and 5,00 p.nx, Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday, , Any }plants, trees, or %hruhs that have. been i-ncorponaed into the Landscape Plan approved in this decision that die within one year ftra the date of planting Shall bo rcplaecd by the owner y order of the Planning Board all plants, trees or shrubs rnusl be maintained in perpetuity), 10 nc oonhactor shall contact Dig Safc at least 72 bours prior W commencing any etc cavati on, 13 5 Suftuct s SkO Pt;ln}tcvicw Sp nidl PeTMit Decision PayE 5 11. Gas, 'l'elc� he 1�c, Cable and Flectric ufi11t}es shall be installed -anderWoruid as specified b the respective a ility companies. 12r No open burning shall be done except as is perrrtytt;A during hurnmg season undcr the Fire Department regulations, 33, No underground 1c] storage shall he installod except as may be, allowed by Town Rt,gulatims, 14, Any and all signage plans far thr, site, whiGb have been provided to the Planning Berard dun-ug #lie site plan review process, wizie presented ;tar the materials of the sigllagc 0113y. Any signage plans most conform to Scetion 6, Signage, and Outdoor li htipg l egula#ions ofthe,- Town of Nonb Andover Zoning Byla , in no way is the applicant to cons is that the }Manning Board has reviewf d aDd approved the signage plans foi, Zoning Cornphance as that i5 the jurisdid310 1 of the Building Depailm ent. 1 S. The provi�;ions of this conditional approval shall apply to and be binding upon the applicant, its etnplo oe;s and ail successors and assigns in intcre st ()r control. 16. Any aetian by a Town board, Commission, or D partn3e;nt, which rc-quire s, change,,; in the plan oT design of the building, as presented to the Planning Board, may be subject to modification by the Planning Roard. 17. Any revisions shall be submitted to the, Town Planner for review, if these revisions ire deemed substantial, the applicant mast submit revised plans to the Planing Board for approval. 18. Additional erosiclz c owTol measures may he rNuired as necessary or as directed by the owner dunh�g construction, such as tL-rnpoirary sedimentatioD basin, row(s) of hay bales anWoT silt fencing shall he iTnplemt!med to prevont auy udvers impacts due to weather prior to completion oT stabilization of site work 19, Fibs de6sion for a Special Permit approval shall be deumed to have lapsed after June of 2010 (two gears frarn the date pe,T .it g-anted) 'Lin]ess substantial use or constructior) has coxxlmenccd. S ulasta>xtial use or construction gill be determined by a-majolfty vote, of the Phumirng Board- 20, 1-bo followiug waivers were recluasted by the applicant and discussed at the Piannirig Board meeting of 613108. a Wajve;r for Iocation of roadwa s/drives. b) Waiver for a landscaping plan, c) Waivcr for a refuse area, d) Waivcr for a drainage plaTVTo n Engirlecr rc;vie ccl drainage, c) Waiver for tTa c impart study. 213--715 Simcu 5tr=i 5 itc Han Rcvi Dw SPecia}Peinnit I?rGixirin Page f i f) Waiver for crc}sion conErols. g) Waiwr for Commoriwealth review. h} Wai-vez for fiscal impact. i) 'Waiver for o rmmrarLi in l act, 1. 'I've followbag information shah he ditmed part oftht decision: Flan 'Fitted. Plan of Land in Notth A-lidovcr, Mass. Owned by B Chicf, LLC Preparr,d For: 5unit Mukhcrjce, ICI.D , 213 Sutton Sftui—,t, North Andover, A 01 45 Prepared By: Scott L. Gile,,;, P.l„S. #1397 50 Deernieadow load, Noilh Andover, MA 01945 Scale: 1" -_ 20' Date: 5/2.8/08 study: Drainage Analysis — Sutton beet, Norlb Andover I'reparcd For: Sunit Mukhoijee, M.D., 213 Sutton SV-,d, North Andover, Iv1.A 01845 Prepared By: Christiansen & Sergi, Inc. 160 Summer SLT( Haverhill, I assachnsetts 01830 Date: 11812008 Pages: 15 -73 r� ' r ' 2 E3-215 Sutt4oE1 S(TMI Site P18n Review Spv-,W FaruiL Dmisaan Page 7