HomeMy WebLinkAbout1993-07-06 Decision SPR 3
TOWN OF NORTH ANDOVER -, .,, :
MASSACHUSETTS
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Any appeal shall be filed NOTICE OF DECISION
within ( 0) days after the
date cf filing of this Notice
In the Office of the Town Date. .July +6f 1993. . .
99a .
March 16,April+ 20,21ay 18,
�el'�C. Date of Hearing 22,
1993
Petition of . . �4 !tin.Realty#Trust:
. , . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
351
treet
Premises affected , , . . . . . * . .k... . .. . . . .
Referring to the above petition for a special permit from the requirements
North Andover Zoning Bylaw - section 8.3 -- Site €'late Review
ofthe . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to persnit .t�t�. cp�s�ruc�ian . � .tj .�3 ��0 �y,.f�F� addition.i�o,an
.%-q AE A sed. for. manufacturingf Lr.e�zer if or toad. procesaitlj 4L ility.� . , . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
CCNDi.TIONALLY
tQ +t1PPROVE . . . . . . . .tile . . . . SITE PLAN RE?V1.k,W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
+ . .
based upon the fo.Uowing conditions
cc: Di.rec'E--or. of € ailir works
£-jis ldi.ng -Enspector
.Health Administrator
Assesaor'!s
Conservation Administrator signed
Policn Chirtf Richard Nardclla, Cho lrman
Firc Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicant jchn Simons, Vice Chairman
Ertg.i33eer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
File_ Joseph Mahoney, Clerk
interested PArtieS . . . . . • • • • • • • • • • • • • • • • • • • . . . .
Johns Drapex:
Richard Rr)wcn
�y t1i3r�itt i3n;trr.i . . . W
KAREN H_P_ NELSON � To OJ� 120 Main Street, 0184S
fJ;rnrlrrr p
' .ry NORTH AND OVER
{ } 682A348,3
CONSERVATION o- VIV33J4v OF
€I N,ANNrJNG
I PLANNING & COMMUNITY DEVELOPMENT
July 6 , 1993
Mr. Daniel Long, 'down Clerk
Town Building
120 Main Street
North Andover, MA 01845 ate: Site Plan Review -
Bake 'N ' joy
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
March 16 , 1993 in the Senior Center behind Town Building upon the
application of Muffin Realty 'gust, 351 Willow street, requesting
Site Plan Approval uDder Section 8 . 3 of the North Andover Zoning
Bylaw. The following TnErmbers were present: George Perna,
Chairman, John Draper, Joseph Mahoney, Richard Nardella, Richard
Rowen and John Slmon-,�; . The legal notir-e was published in the
Lawrence Eagle Tribune on March 1 , and March 8 , 1993 and all
parties of interest were properly notified.
Mr. Simons read the legal notice to open the public hearing.
Mr. Sizon8 also read a letter from the applicant regiiesting
continuance of the public hearing to April 20th.
Mr. James Bourgeois , Thomas E_ Neve Associates, gave a brief
introduction of the project.
On a Lotion by Mr. Nardella, seconded by Mr. Draper the Hoard
voted to continue the public hearing to April 20, 1993 .
on 4Xpril 20, 1993 the Planning Board held a regular meeting .
The following members were present: Joseph Mahoney, Richard Rowen,
John Draper John Simons and George Perna.
A letter was read From the applicant requesting continuance of
the public hearing to May 18, 1993 .
on a motion by Mr. Perna , seconded by Mr. Rcwet-n, the Board
voted to continae the public hearing to May 16, 1993 .
On May 18 , 1993 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Jo�epb
Mahoney, Richard Rowers, George Perna and John Simons .
Page 2 :
Bake IN Joy
James Bourgeois, -Engineer, was present. Also present was
Steven Caron, 22 Kathleen Drive, Andover, as the neighborhood
spokesperson.
The applicant is proposing a 13 , 090 sq. ft. freezer addition.
Mr. Bourgeois cave the Board a summary of the proposal . A 50 ft.
exten inn of loading (paving) area to new loading bays into a
grassy slope. There would be 40-50 ft. of trees eliminated by this
proposal . No additional employees will be required. Parking - 84
spaces built, 65 used. Materials for addition will match existing
structure.
Mr. Bowen asked why 40-50 ft. of trees would be pulled out to
get to the loading dock. Three new docks were being added for a
total of 10. The27e would be no operations on the weekends .
Current Might-time Operations:
1 Up to 6 trucks with refrigeration loaded between 5 : 00
p.m. and 2 : 00 a.m. Trues idle until departure at 5 : 00
a .m.
2 . Night shift ends when trucks are loaded.
Mr. Perna asked Ms . Bradley to check the Town Bylaw regarding
idling trucks.
Kathleten Drive neighbors told the Board that it has been a
historic problem with the noise and vibrations.
The applicant has two proposals to address the noise and
vibrations issues:
1 . bent constructed - 50 ' tree cut
Mr. Perna asked what the distance was from the berm to the
nearest house. The answer was 425 ft.
2 . Limit hours of operations because beam tied to
construction of addition, not going to be constructed
until next year.
The applicant would agree not to run trucks at might until
berm was built with option at that time to- make a determination as
to whether limit of operation works better. Berm to be considered
as are option.
r. Robert Ogan, Vice President of Bate ' " Joy spoke on the
hours of refrigerator units on trucks - no operation until 5 : 00
a.m.
Page 3 :
Bake IN ' ,boy
Mr. Hardella questioned effect on business. fir. Cgan stated
that this limitation would not have a great detriment to 1au8iness.
Mr. Nardella reserved comments regarding lighting and
landscaping xantil the next meeting.
Mr. Robert Cates, lb Kathleen Drive, stated that at : 00 a.m.
horns are blowing, there is banging and slamming.
Peter Schwind, 20 Kathleen Drive, stated that neighbors have
been working together, berms as a permanent solution, question
problems, with Memorializing agreement.
Dorothea BakQlski , Rathleen Drive, affected by vibrations.
Seth Schwind, 20 Kathleen Drive asked what happens if there is
a new owner. The answer was that the requirements would be
memorialized in any Planning Board decision.
Steve Caron, 22 Kathleen Drive, questioned about increase in
the number of tracks in the future.
One of the abutters stated that there is a problem at 5: 00
a.m. with windows open in the summer and the excess noise.
Mr. Nardella suggested monitoring the level of noise in the
early morning.
Phyllis Cates, Kathleen Drive, stated that there was a
lighting problem although it has improved because lights redirected
down.
Conservation approved with the fQ11owing :
1 . add one catch basin
2 . modify existing to create swan
Barbara Pulsford wanted berm to curve around, site. Mr.
Bourgeois said no because of the wetland edge .
On a motion by Mr. Rowen, sec-onded by Mr. Simons the Board
voted to continue the public hearing to June 1 , 1993 .
On Jiine 1, 1993 the Planning Board held a regular meeting in
Cafeteria A at the High School . The following member: were
present: Richard Nardella, John Simons, Joseph Mahoney, Richard
Rowen, George Perna and John Draper.
A letter was submitted to the Hoard by the neighbors . A
letter was also submitted to the Board by Neve Associates.
Page 4t
Bake IN' Joy
Mr. Simons questioned the elimination of 100 ' of trees . Mr.
James Bourgeois stated that 2001 of trees will re-main between limit
of construction and Route 114 .
Nor. Draper asked what the bent would be made of. Mr.
Bourgeois stated that it would be an earth berm with weodboard
fence on top.
Additional parking not required. There will be 65 spaces
utilized and 75 space provided.
Mr. Perna asked if any new people will be hired as part of the
expansion. Mr. Ggan, Bake 'N' Joy, stated that there would be no
new people hired.
Mr. Draper asked if there would be any additional expansion.
Mr. Bourgeois stated that there may be additions but no plans at
the present tine.
Mr. 4gan talked with the morning manager to get the morning
schedule_
4 : 45 a.m. 6 people arrive -- gate unlocked doors opened
5 : 00 -- 5: 15 trucks leave - trucks do not backs up in the
morning.
Trucks come back from routes between 1: 00 a .m. to 4 : 00 p.m. .
They pull into the yard and back into building in the afternoon and
turned off for the might. Trucks are loaded in the morning. Dry
product is loaded onto the trucks at night until 9 : 00 to 10: 00 p.m.
Neighbors want to make sure these changes are permanent.
Mr. Mahoney asked what were the plans for the berm. Mr.
Bourgeois asked that the Board approve conditionally with
restrictions on hours of operations and when addition is
constructed, either keep hours of operatia-�is restricted or build
berm_
Mr. Peter Schwind, 13 Kathleen Drive, stated that there was
sti.lrl some noise. Mr. Nardella asked if there was any way further
to mitigate the noise . Mr. Bourgeois answer was "no" .
Neighbors concerned that there will not be a permanent
physical barrier - enforceability problems .
It would not be practicable to biil.d berm if not required
because it would eliminate trees. Neighbors would like a sound
barrier to address early morning issues .
Page 5 :
?fake 'N' Joy
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to close the public hearing and take the matter under
advisement.
On June 15, 1993 the Planning Board held a regular meeting in
the Senior Center behind Town building. The following members were
present: Richard Nardella, Richard Rot,ren and George Perna. Also
present were Bob Ogan, Vice ' President of Bake IN' Joy and James
Bourgeois, engineer with Thomas Neve Associates.
The Board discussed the draft decision.
Refrigerator true--ks will not be operated from 10 : 00 p.m. to
5: 00 a.m.
Nis. Bradley to check with Ms. Nelson as to Town policy of
requiring plans to be recorded with Registry of Deeds as opposed to
just the decision.
Issues of berm versus berm and fence were discussed.
OonstructiQn of berm would eliminate trees and thus some buffer.
On a motion by Mr. Perna, Seconded by Mr. Rowen, the Board
voted to continue the discussions until the next meeting as there
was no quorum, so no vote.
On June 22 , 1993 the Planning Board held a regular meeting.
The following members; were present: Richard Mardella, Richard
Rowen, George Perna and Joseph Mahoney.
On a motion by Mr. Rowen, seconded by Mir. Mahoney, the Board
voted to approve the decision drafted, with amendments .
Attached are those conditions.
Sincerely,
NORTH ANDOVER PLANNING BOARD
4zia�6( . A
Richard A. Nardella, Chairman ;�
00: Director of Public Works
Building Inspector
Conservation Administrator
Health Administrator
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
351 Willow street - Bake 'N Joy
Site Plan Review Conditional Approval
The Planning Beard makes the following findings regarding this
Site Plan Review for the construction of a 13 , O08 sq. ft. addition
to the existing Bake IN Joy Building as required by section 8 . 3
of the North Andover Zoning Bylaws:
FINDINGS OF FACT:
1. The proposed use and site design for this let are
appropriate, as this iq an addition to an existing facility
on site.
2 . Adequate vehicular and pedestrian access into the site has
been provided with the adherence to the approved plans.
3 . The landscaping plan as shown and revised, meets the
requirements of section 8 . 4 of the Zoning Bylaws . See also
Condition 6 below.
4 . The site drainage system is designed in accordance with the
Town Bylaw requirements .
5 . The applicant has met the requirements of the Town for Site
Flan Review as stated in Section 8 . 3 of the Zoning Bylaw.
6 . Adequate and appropriate facilities will be provided for the
proper operation of the proposed use .
Finally , the Planning Board finds that this modification
generally complies with the Town of North Andover Zoning Bylaw
requirements as listed in section 8 . 35 but requires conditions in
order to be fully in compliance.
Therefore, in order to fully comply with the approval necessary
to construct the facility as specified in the Site Plan Review
application before us , the Planning Hoard hereby grants an
approval to the applicant provided the fallowing conditions are
met:
SPECIAL CONDITIONS:
1 . The applicant agrees to continue to eliminate operation of
the refrigerator trucks between ten (10 : 08 p.m. ) o ' clock at
night and five (5: 00 a .m. ) o'clock in the morning. The
hours of operation of the refrigerator trucks will remain
restricted until such time as the berm and fence as shown on
the plans is constructed.
2 . Prior to construction of the proposed
a. a bond in the amount of five thousand dollars
( 5000. 00) shall be posted for the purpose of insuring
that a final As-Built plan showing location of all on
site utilities, structures, curb cuts, parking spaces
and drainage facilities be submitted. This bond shall
be in the fora of a check made out to the Town of North
Andover. This check will then be deposited into an
interest bearing escrow account.
b. The applicant must meet with the Planning Staff and a
designated representative of the Mathleen Drive
neighborhood to evaluate the effectiveness of the
limited hours of operation on the noise level in that
neighborhood. After such meeting, the Planning Staff
will determine whether or not the berm and fence as,
shorn on the plans will need to be constructed.
3 . Prior to FORM U verification (Building Permit 1ss4ance)
a. This decision shall be recorded at the Essex Worth
Registry of Deeds and a recorded copy delivered to the
Planning staff.
b. The applicant shall place erosion control measures on
site as directed by the Town Planner.
C. The North Andover Division of Ptiblic Works shall
approve all plans. Any chances to the plans approved b
the Planning Board shall be reviewed by the Town
Planner. Any changes which the Town Planner may deem as
major shall be approved by the Planning Board.
d. The gown Planner shall approve the material to be used
in the exterior construction. The material is to be
consistent with the existing building.
4 . Prior to verification of the Certificate of Occupancy:
a. The building shall have fire sprinklers installed per
order of the North Andover Fire Department.
b . The site shall be reviewed by the Planning Staff . Any
screening as may be reasonably required by the Planning
Staff and/or Tree Warden will be added at the
applicant ' s expense.
c. A final as-built showing the location of all on site
utilities, structures, curb .cuts, parking spaces and
drainage facilities must be submitted to and approved
by the Division of Public Works.
d. All artificial lighting used to illuminate the site
shall be approved by the Planning Staff . All lighting
shall have underground wiring and shall be so arranged
that all direct rays from such lighting falls entirely
within the site and shall be shielded or recessed so as
not to shine upon abutting properties or streets. The
site shall be reviewed by the Planning Staff. Any
changes to the approved lighting plan as may be
reasonably required by the Planning Staff shall be
made at the owner' s expense.
5. Any Plants, Trees or Shrubs -planted in accordance with the
Landscape Plan approved in this decision, which die within
one year from the date of this approval shall be
replaced by the owner.
6. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any ecavation.
7 . Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies .
8 . All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
9 . No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
10 . No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
11 . All signs within the project shall be of wood or stoner with
uniform lettering and design. The signs shall in no way be
interior illuminated. (Neon or other means)
12 . No mechanical devices (ie: H AC, vents, etc. . . ) which may be
visible from any surrounding roadways shall be placed on the
roof.
13 , The applicant, in conjunction with the Town Planner and/or
the Tree Warden, shall mark all trees to be preserved prior
to any construction on site.
14 . The provisions of this conditional approval shall apply to
and be binding upon the applicant, it' s employees and all
successors and assigns in interest or control.
The following plans shall be dscmed as part of the decision:
Plans Entitled: Sake "N Joy Foods, Inc .
North Andover, MA
Freezer Expansion
Prepared by: Stahlman Engineering Corp.
P. O. Box 245
10 Pleasant Street
New Landon, NH 03257
Date: 2-23-93 , rev. 5-10-93
Scale: l"= 40 •
cc: Director of public Woks
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Bakenjoy. site