HomeMy WebLinkAbout2003-12-04 Decision SPR 58
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Town�ittle Professionals-2324 Turnpike Street �"� t.".Vi iqC L E? ;"
i� Site Plan Review - Special Permit Town Clerk
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The Plan nnng Board herein approves the Special Permit/Site Plan Review for tfle
construction of a 12,600 square foot daycare facility, including the new building, utilities,
landscaping and parking in the Industrial 1 Zoning District. This project includes
redevelopment of the property from an existing contractor's garage, yard and residence to
the abovementioned daycare facility. This Special Permit was requested by Little
Professionals, Inc, c/o James K. Richards, CPA, 7 Laconia Circle, North Andover, MA
01845. This application was filed with the Planning Board on July 21, 2003. The
applicant submitted a complete application, which was noticed and reviewed in
accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning
Bylaw and MGL C.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 FACT: rn
1. The specific site is an appropriate location for the project as it is located in 'ire
Industrial 1 Zoning District and involves the construction of a daycare facility, vuh
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is an appropriate use within the district. A comprehensive variance and spSol cx�
permit were approved by the Zoning Board of Appeals for the use of this fac'i"
this district. The existing site is well suited for the use in terms of its c
topography, location, suitability of on-site utilities, and best use of this triang D
parcel at the gateway to town.
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2. The use as developed will not adversely affect the neighborhood as a sufficient buffer
has been provided. The Industrial 1 District potentially allows an extensive heavy
industrial use, which could potentially include heavy trucking, manufacturing, and
masses of pavement. However, this project is much different from that, and is o
instead a smaller-scale and less intrusive proposal The proposed building o
architecture includes appropriate use of materials, including an attractive colonial
theme with walls jogged to parallel the street frontage, and a lushly landscaped front coo
corner area which will bring the overall site massing into proper prospective. The Cr
project includes substantial landscaping along both roads as a beautification project N
intended for the benefit of the site and the town. The proposed use is a small facility,
and will not alter any no-disturbance or wetland areas.
3. The landscaping plan includes extensive landscaping along both the frontage of
Sharpners Pond Road and Turnpike Street. Along Turnpile Street there is a mixture
of perennials and annuals fronting and between the boulders, as well as a large
mixture of shrubs. Sharpners Pond Road will contain 6 honey locust trees,
accompanied by a variety of shrubs along the perimter of the parking lot on
Sharpners Pond Road. Finally, there are 12 white pine trees to serve as a buffer
between the parcel and the adjacent lot for an efficient screening. The playground
areas are encompassed by a 4 foot chain link fence, that is black vinyl coated with top
and bottom rails.
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BK 9344 Pig 259
4. There will be no nuisance or serious hazard to vehicles or pedestrians. Access will
be via a single drive, off Sharpners Pond Road. It will be a minimum of twenty-five
feet wide with one 12.5 foot entrance lane and one 12.5 foot exit lane. The centerline
of the day care center's main driveway is 281 feet from the edge of Route 114.
Additionally, the proponent submitted a Highway Access Permit on July 28, 2003 to
widen Sharpners Pond Road to provide two approach lanes for additional safety.
However, this decision rests with the Massachusetts Highway Department but the
proponent has taken as many safety measures as possible. Emergency access has
been coordinated with the North Andover Fire Department and North Andover Police
Department also.
5. Storm water facilities are designed to meet both town and state requirements. A
fully designed replacement septic system has been included, including pb med
reserved areas; as well as a new well and cistern system to service the facility
5. The site drainage system is designed in accordance with the Town Bylaw
requirements. The project will incorporate the required TSS removal for the site.
The parking runoff will utilize a Downstream Defender treatment facility as well as a
deep sump catch basin. Treated water and roof water will be routed via a subsurface
detention basin system. The total peak discharge for the proposed conditions will not
exceed the existing conditions as required. The drainage calculations for the site have
been reviewed and approved by the Town's consulting engineer, VHB.
7. The project incorporates the feedback concerns of the North Andover Fire
Department in respect to life safety systems, sprinklers,emergency access and egress.
8. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 8.3 of the Zoning Bylaw with the exceptions of waiver(s) granted in
Condition#19.
Finally the Planning Board finds that this project 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. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
SPECIAL CONDMONS:
1. Prior to the endorsement of the plans by the Planning Board, the applicant
must comply with the following conditions:
a) The final plan must be reviewed and approved by the DPW and the Town
Planner and subsequently endorsed by the Planning Board. The final plans
must be submitted for review within ninety days of Sling the decision
with the Town Clerk.
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b) A bond in the amount of ten thousand ($10,000) 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 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 Department.
2. Prior to the start of construction:
a) A construction schedule must be submitted to the Planning Staff for the
purpose of tracking the construction and informing the public of
anticipated activities on the site.
b) Yellow Hazard tape must be placed along the no-cut line as shown on the
approved plans and must be confirmed by the Town Planner. The
Town Planner must be contacted to review the marked tree line prior to
any cutting on site. The .applicant shall then supply a copy of a plan,
certified by a registered professional engineer, certifying that the trees
have been curt in accordance with the approved plans.
3. Prior to Building Permit bsuance:
a) The Planning Board must endorse the final site plan mylars and three (3)
copies of the signed plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the
Planning Department,
4, Throughout and During Construction:
a) In an effort to reduce noise levels,the applicant shall keep in optimuam
working order, through regular maintenance, any and all equipment that
shall emanate sounds from the structures or site.
b) During construction,the site must be kept clean and swept regularly.
c) Dust mitigation and site cleaning must be performed,weekly, or as deemed
necessary by the Town Planner,throughout the construction process.
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6K 9344 PG 261
S. Prior to verification of the Certificate of Occupancy:
a) The applimit must submit a letter from the architect and engineer of the
project wing that the building, signs, landscaping, lighting and site layout
suer comply with the plans referenced at the end of this decision as
endorsed by the Pig Board. Alternatively, the applicant and/or
property owner may provide a bond, determined by the Planning Board, to
cover the full amount of the landscapmg materials and installation if weather
conditions do not permit the completion of the landscaping prior to
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b) The Planning Staff shall approve all artificial lighting used to illuminate
the site. 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 Pk naimg Staff shall review the site. Any
changes to the approved lighting plan as may be reasonably required by
the Planning Staff shall be made at the owner's expense. All site lighting
shaIl provide security for the site and structures however it nmst not create
any glare or project any light onto adjacent residential properties.
c) The applicant shall adhere to the following requiremerits of the North
Andover Fire Department and the North Andover Building Department:
i. All structures must contain a commercial fire sprinkler
system The commercial fire sprinkler systems must be
installed in accordance with referenced standard NFPA 13D
and in accordance with 780 CMR, Chapter 9 of the
Massachusetts State Building Code. Certification that the
systems have been installed properly in accordance with the
above re&Tenced regulations must be provided from both the
North Andover Fine Deparlment and the North Andover
Budding Depa l mo t to the applicant. The applicant must
then provide this certification to the North Andover Planning
Department.
d) The on-site water cistern supply shall be provided in accordance with
recogwzed national fire protection association standards and approved by
the fire departrne t if municipal water is not available prior to occupancy.
If there is a written commitment to tie into the municipal water supply,
which may be available to the occupant prior to opening, the fire
department will work with the applicant to eliminate the financial burden
of installing the internal on site water supply system (cistern) while
ms+___i tainin a proper.level of life safety for the occupants of the building.
The ability of the fire department to work with the applicant in this
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instance would require a firm written commitment, which emphasizes the
shortest period of time for municipal water to the site.
e) If the Massachusetts Highway Department allows the proponent to widen
Sharpness Pond Road to provide two approach lanes, the proponent is
obligated to do so as outlined in the letter from DJF Associates to Mr.
James K. Richards, CPA dated September 6, 2003.
6. Prior to the final release of security:
a) The Planning Staff shall review the site. Any screening as may be
reasonably required by the Planning Staff will be added at the applicant's
expense. Specifically after the drainage structure is completed, the Town
Plarmer will review the site and any screening as may be reasonably
required by the Town Planner will be added at the applicant's expense
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 Planning Staff and the Division of
Public Works.
7. Any stockpiling of materials (dirt, wood, construction material, .etc.) must be
shown on a plan and reviewed and approved by the Planning Staff. Any approved
piles must remain covered at all times to minimize,any dust problems that may
occur with adjacent properties. Any stock piles to remain for longer than one
week must be fenced off and covered. Special attention needs to take place to
ensure that any stockpiling and/or removal of materials stay within the boundaries
of the lot and do not create additional debris to Route 114.
8.- The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan
approved in this decision that die within one year from the date of planting shall
be replaced by the owner and all landscaping shall be properly maintained in a
health condition in perpetuity..
10. The contractor shall contact Dig Safe at least 72 fours prior to commencing any
excavation.
11. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies.
12. No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
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13. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
14. Any and all signage plans for the site which have been provided to the Planning
Board during the site plan review process were presented for the materials of the
signage only. Any signage plans must conform to Section 6, Signage and
Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and
must be approved by the Building Department. In no way is the applicant to
construe that the Planning Board has reviewed and approved the signage plans for
Zoning Compliance as that is the jurisdiction of the Building Department.
15. The provisions of this conditional approval shall apply to and be binding upon the
applicant,its employees and all successors and assigns in interest or control.
16. Any action by a Town Board, Commission, or Department, which requires
changes in the plan or design of the building, as presented to the Planning Board,
may be subject to modification by the Planning Board.
17. Any revisions shall be submitted to the Town Planner for review. If these
revisions are deemed substantial, the applicant must submit revised plans to the
Planning Board for approval.
18. This Special Permit approval shall be deemed to have lapsed after Novem r
18. 2005 (two years from the date permit granted) unless substantial use or
construction has commenced. Substantial use or construction will be determined
by a majority vote of the Planning Board.
19. The following information shall be deemed part of the decision:
Plan Titled: Site Redevelopment Plans Map 108A,Parcel 8
2324 Tumpke Street (Route 114)
North Andover,Massachusetts 01845
Prepared for: Little Professionals, Inc.
Children's Centers
Prepared By: MU Design Consultants,Inc
103 Stiles Road, Suite One
Salem,NH 03079
Scale: 1"=20'
Date: 11/12/02, revised 1/14/03, 1/31/03, 2/11/03, 4/2/03, 5/27/03,
7/11/03, 9/18/03, 9/26103, 11/3/03
Sheets: 1-9, Al, Building Elevation and Floor Plans, L 1 Lighting
Plan&Tktails
Report Titled: Stormwater Management, Drainage Calculations&Best
Management Practices
Prepared for: Little Professionals, Inc.
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Bye 9344 PG 264
Prepared by: MHF Design Consultants, Inc
103 Stiles Road, Suite One
Salem,NH 03079
Dated: March 25, 2003,revised July 15,2003, September 23, 2003
Report Titled: Traffic Impact&Access Study
Prepared for: Little Professionals,Inc.
Prepared by: Dermot J. Kelly Associates, Inc.
280 Main Street, Suite 204
North Reading, MA 01864
Dated: April 2003
Letter Titled: Little Professionals,North Andover,MA
Prepared For: Little Professionals, Inc.
Dated: September 6, 2003
Prepared To: Mr. James K. Richards, CPA
Prepared By: Dermot J. Kelly Associates, Inc.
280 Main Street, Suite 204
North Reading, MA 01864
cc: Applicant
Engineer
File
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