HomeMy WebLinkAbout1997-05-21 Recorded Decision SPR Town of North Andover RECENED
COMMUNITY DEVELOPMENT ANVAk%U8
146 Main Street R�
of • t` F
North Andover, l assachuse-M 0 RM 5 AK s7
WK,0AM J. SCOTT
Director
NOTICE OF DECISION
Any a.ppeal.shall be filled ATiESM .
within ( 0) days after the .- Ll��ngotanapp"Lm d �sc:�,:� i o
date of filling this Eotice � ,
MMn Clerk
in the 0f'Fce of the Town T.Y;)L:v.;c
tent.
Date_X;, -I I lag
�.... w.
Date of Hearing
Petition of Orchard dill Road
Promises affected Orchard Hill Road
f
Referring to the above petition for a special permit from the
requirementsaf the _North Andover Zoning Bylaw Section 8,3 ( site Plan Reviow}
so as to allow to constra t y €300 SF steel"• building )ro posed Gymnastics/
Dance School.'
After a public hearing given on the above date, the Planning Board
Voted t'0 A.pranve the i
based upon the following conditions:
signed � '� � •�``��� �`�.�
: Director of Public Works Joseph V, Mahoney, Chairman
Building Inspector
Natural Resource/Land Use Planner Richard F owen. Vice Chairman
Health Sanitarian r,x,
Assessors Alison Lescarlaeau, Clerk
Police Chief
Fire Chief Richard Nardella
Applicant LaKT1%
Engineer John Simons �_
�
File
Interested Parties Planning Board
BO DOFAPPEAL.S M4541 BLEfI FNQ 688-9545 CONSERVAV ION 688-9530 FIEALTH ag-9340 FI€-Lk ITNEW C+S$-9535
Town of North Andover
01TICE OF
COMMUNITY ]DEVELOPMENT AND SERVICES � -
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30 Schod Sfteet ■ z*� � #
Forth Anduvey, Massachusetts 01345 s�cwu�����
ILL J. SCOTr
Direelar
May 22, 1997
Ms. Joyce Bradshaw
Town Cleric
120 Main Street
No_ Andover, 3 A 01845
Re: Site Plan ReviewlOrchard 1--fill Road
Dear N4s. Bradshaw,
The Noah Andover Planning Hoard held a public hearing on Tuesday cvcii ng, April 1 , 197 at
7-3 0 p.in. in the Seji or Ccuer behind the Town Buildi€g, upon the application of George I .
Barker, Jr. for.'Orcliard hill Raad, 1267 Osgood Street, N. Andover, MA. 01845 requesting a
sp ial permit under Section 8.3 Site Plan Review of the North Andover Zoning Bylaw. The legal
no ce waS properly advertised in the North Andover Citizen ou March 26 and April 2, 1997 and
all parties of interest were dulj notified_ The following menibers were present: .Ioseph ' '-
Mahoney, Chairman, Richard Ro en, Vice Chairman, Alberto Angles, Associate IV .tuber,
Richard Nardella, Jofni Simons and KatWeen Colwell, Town Planner.
The petitioner was requesting a special permit to allow ror the construction of a 9,800 SF steel
building proposed GyrnnasticcVDance School located on Orchard hill Road cuff Osgood Street in
the Industrial -1 (1-1) Zordng District_
Torn Zahoruiko was pseseua representing Orchard Hill. Mr. Zahorulka stated that they are
plary ng to build a 9,1300 SF gymnastics studio/school in the I-1 zoning district. The finished
occupiablc space is located ou one floor of the proposed 70' x 140' bgiIding- The structure is a
steel frame and exterior sheath sin-i Iar to the Town Printing building on Aagship Drive. PaE-king
for 26 cats will be provided.
Mr_ Narddla asked if there was an opportunity to increase the size of the building in the filrutrc. 1
Nlr_ Zahoniiko stated that the lot is large enough to handle a larger building however this building
will be constructed to be converted to office use in the future_ Mr- Nardella stated that his only
concern is that if they were to expand what would you do different with the drainage, If there
were an expansion the. drainage would have to be reviewed at that time-
CONSERVATION 668A530 HEALTH 699-9544) MANNIM3 094535
Mr- Mahoney asked what they would be using for the lighting- Mr- Zaliorrriko stated that lie 1s
plarrr�ng to use the same lighting fixtures that are at Town Printing on F€a swp Drive - downcast
box fighting-
Mr- Ro en stated that he would like to see the catch basins off ofthe of the, driveway.
Ms- Colwell confirmed that all drainage is mitigated on site.
. Simons asked what they plan on doing Cor landscaping- r- Zahamiko stated that they will
have tress that are 1 ' - l ' tall (no species yet) and 4° - 6' arbravitjes.
r. Simons asked what the building was grade out of Mr. Zahomiko stated that it is made out of
steel-
Mr, Nardella asked what they are plaiu�jig for a sign, Mr, Zahoruiko stated that it would be 4'
S' and made out of wood and metal-
Ben Osg6od Jr- of 164 Johnson Street, stated that his daughter is involved with gymnastics and
thinks it's a great idea and is a win, win situation for the Town. The Board should promote Town
owned businesses-
M Zahoruiko stated that the owner of the gymnastics studio is lathy Needhani-
Ms. Colwell stated that.she will draft a decision far the May 0, 1997 mcetin if a1 of he
drainage issues have been resolved.
Mr, imort asked if the utilities would be under ground- Mr, ahoruiko stated that they would
be-
on inued until May 20, 1997-
The North An oveF Planning board held a regular rneeting on May 20, 1997. The foilowing
members were.present- Joseph V. Mahoney, Chairman, Richard Riawen, Mice Chairman, Arson
1.escarbeau, Clerk, Alberto Angles, Associate Member, Richard Niardefla and John SIMOUS.
W-iliam Scott, Director of Community Development, was also present.
Mr- Scott stated that Mr, Zahoruiko has addressed all remahr ng issues and recommends closing
the public hearing.
On a motion by Mr- Nardella, seconded by Mr. Ro en, the Board voted unanimously to close the
public Bearing.
Discussion can the amount a# the bond ['or site plan review was talked about the amount decided
on was ,000-
On a motion by Mr, Rowen, seconded by Mr. Nardella, the Board voted unanimously to approve
the Orchard Hill Road site plan review as amended.
Attached are#fie conditions.
Sincerely,
J) Aa c
Joscph V_ Mahoney, Chairman
North Alidaver Planning Board '
f•
Lot 1-7%0rchard Hill Road-SI€e Man Review-SPadail PeFMN
Lot 1-2AOrchard Hill Road
Site PER Review - Special Permit
The Planting Board herein approves.the Special Perrrut/Site Flan Review for the
construction of 9,800 SF steel building located on Lot 1- A in the Industrial - I Zorulig
District- George - Barker, Jr., 1267 Osgood Street, Forth Andover, MA 01845,
requested this Special Permit- This application was filed with the Planning.Board an
March 17, 1 997-
The Plaming Board makes the followirEg findings as required by the North Andover
.Zoning Bylaws Section 8.3 and 10,3;
FINDIN GS OF F ACT:
' 1, The �;pecif€c site is an appropriate location for the project as it is located in an area
surrounded by industrial uses,
- The use as developed will not adversely afficct the neighborhood as sufficient buffers
have been provided;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4, The landscaping approved as a hart oftliis plan Jneets the requirements of&-cation 8,4
of the North Andover Zoy ing Bylaw;
5. The site drainage system will be designed in accordance with the Town Bylaw
requirements.
6. The applimit has inet the requirements of the Town far Site Plan Review as stated in
Section 83 of the Zonhig Bylaw;
7, Adequate and-appropriate facilities wiII be provided for the proper operation ofthe-
proposed use.
Filially the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirelne-nts as listed in Section 9.35 but requires
conditions in order to be fully in compliance. The.Planii ng Board Hereby grants an
} ' approval to the applicant provided the following conditions are rnet,
SPECIAL CONDMONS:
1. Prior to the endorsement of the plans by (Ike Planning Berard, the applicant
must comply with the following conditions:
a) All storm water-drainzge control facilities utilized by the site shall be shown
1
LGt 1-?AOichard MIN Road-Ue Play ROVIew-Speazat Flew t
on the site plan, Storm water drainage calculations, which si upport the
design of the control facilities shown on the plan, shall be submitted to the.
Planning Department, DPW and consultant for review and approval-
Calculations shall show a uruitiga#ion of runoff to zero for a 2, 10, and 100
Yew- storm event.
b The following information mst be provided to the consultant and to the
Planning Department for review and approval and the appropriate changes
made to the puns:
i Information as cited in the letter dated May 15, 1997 from Thomas
D. Zahoruiko of TARA LEIGH Development Corp,, which is
attached hereto and incorporated herein by reference-
d Corrections and additions rntlst be made to the, plan as follows-
-re drrections and additions as cited:in the letter dated ll�fa 15, 1397
from Thomas D. Zahoruiko of TAI2A LEI UH Development Corp-,
which is attached hereto and incorporated herein by reference-
The final plan must be reviewed and approved by the drainage consultant,
DPW and the Town Planner and subsequently endorsed by the Pimping
Board- The final plans must be submitted for rcvi ffw within ninety days of
filing the decision with the Towns Clerk..
e A bond in the arnount of $5,000 doily rs sbali be posted for the purpose'of
+, insuring that a final as-built plan ghovAng the location of all on-site utilities,
structures, curb cuts, parking spaces and drainage facilities is subsllitted-
The bond is also in place to insure that the site is constructed in accordance
with the approved plan, This bond shall be in the form of a check made out
to the Town of North Andover- This check will then be deposited Into an
interest hearing escrow ace-Gunt-
A construction schedule shall be submitted to the Plariing Staff for the
purpose of tracking the constructimi and infarrrting the pubiic of
anticipated activities on the site.
'f 2. Prier to the start of any worse ora site,
Tfre finial site plan mylars must be endorsed and three ( ) copies of the
signed Mans must. be delivered to the Planning Department.
b� This decision shall be recorded at the Essex North Registry of Deeds and a
certified copy of the decision delivered to the Planning Staff
2
Lot 3-Mrchard HH1 Road-Site Man Realew-SpeciaF Permit
All erosion control measures must be installed.
d The applicant witl in the requirements of the Planning Office shall
determine the preexisting conditions of the noise levels emanating fionh the
site area to determine the baseline noise conditions o tlhe site area. The
noise survey will provide evidence of the origin of surrounding noise and a
baseline condition front which the applicant can determine their hncreases.
The noise levels shall not increase the broadband level by more then 10
dB(A) above the ambient levels or produce a "pure tone" condition as set
' forth in DAQC Policy 90-001, the guideline for 310 CMR 7-10 at the
f ' property line-
3. The applicant's cGntraetor shall insure that the construction of the facility
,. will not cause undue nnisanee to adjacent hnsinesses. Methods such as (lie
following must be employed: ` '
a) Construction shall not begin prior to 7; O:am and shall cease at .3Q p, n.
b) Construction shall be link ted to weekdays, Monday through Friday during
the above hours. Construction may occur on Sattirday daring the hours of
9 arin to 5 p.m. to facilitate a shorter construction period.
. c) Dust rr itigatiozi methods such as site watering to insure that dust floes not
leave this site during construction shall be implemented-
4. Prior to ORM U verifcation (Building Permit Issuance):
5. Prior to verification of the Cerfificate of Occupaney:
a The applicant must submit a letter fronh the architect or engineer of the project
stag that the building, signs, landscapin1g, lighting and site layout substantially
comply with the plans referenced at the end of this decision as endorsed by the
Planning Board-
b The Planning taf�'shall approve all artificial light-ng used to Mum natc the
site. All lighting small have underground wiring and shall be so arranged
that all direct rays ftom such lighting falls entirely within the, site and shall
' be shielded or Tecessed so as not to shine upon abutting properties or
streets. Thee PlanningStaff shall review the site. Any changes to the
approved lighting plash as may be reasonably required by the PIai rt ng Staff'
shall be made at the owner's expense.
c) Tltc buiiding must have commercial fire sprinklers installed in-accordance,
with a design approved by the North Andover Fire Department-
. 3
Ot 1-2AOrchard Hill Road-G to Pan Review-S ai Ferm k
6. Prior to the final release of security:
a) The Planning Star`steal€ review the site. Any screening as may be
reasonably required by the Planttijtg Staff will be added at the applicant's
expense-
0 b) A final as-built plan ihoving.the location of all on- site utilities, structures,
curb cuts, parking spaces and drainage faoilities must be submitted to and
reviewed and accepted by the Planning Staff'and the Division of Public
Works.
7. Any stockpiling of materials (dirt, wood, construction matcrial, etc,) must be
shown ors a plan and reviewed and approved by the Flaming Staff. Any approved
Piles rnust 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_
8_ lei are effort to reduce noise Ievels, the applicant shall keep its optimum working
order, through reLmlar maintenance, any and all equipment that. shall Pmaiiate
sounds from the structures or site.
_ No HVAC equipment or other equipment that will emanate noise exceeding levels
cited herein, shall be placed on the exterior of the structure. Such equipment shall
be enclosed.as shown on the plans_
10. The hours for trucks entering the site foi shipping, receiving and waste mauling
shall be limited to between the lours of8 am and 6 p_rn_ Monday through Friday.
Snow plowing may occur during operating hours and at lust two (2) hours prior
to the opening of the facility and four hours after the closing,
11. Any plants, trees or shrubs that have bern incorporated into the Landscape Plan
approved in this-decision that die within orze year from the date of planting shall be
replaced by the ovw filer,
12- The contractor sha11 contact Dig Safe at least 7 Hours prior to commencing any
e�ccavaftt�n_
13. Gas, Telephone, Cable and Electric utilities shall he installed underground as 1
specified by the respective utility companies,
14_ No open burning shall be done except as is permdtted during k.urning season under
the Fire Department fegm€ations,
15. No underground fuel storage shall be installed except as may be allowed by Town
Regulations-
4
Lot 1-2AOfchard Hill Road-SlRe P3 an Reuiew-Speciai Qe€m[
16. 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,
17. Any action by a Town Board, onu-rn ssion, 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_
t S_ Any revisions shall be subukted to the Town Plami r for review. if these revisions
are deemed substantial, the applicant must wbmit revised plans to the Planning,
Board for approval.
19_ TWs Special Permit proval shall be deemed to have lapsed after
� -� (two years from the,date peTMA granted) unless
substant1al use or construction has cointnemed. Substantial use or construction
wi11 be deter inj�d by a majority vote of the PfanTting Board,
20, ' The following information shall be deemed part of the decision:
a late eriti#Ied: Site Plan for Lot 1- Orchard Mill Road
In North Andover, Mass_
Prepared by: Christiansen & Sergi
160 Summer Street
Haverhill, MA 01930
Prepared fors George I _ Barker, Jr,
Scale: 1" = 401
Dated: March 14, 1997, rev_ April 4, 1997
Rev. May 19, 1997
ADS} IN OTHER REM ION DATES
b) Report entitled: Report on Storm water Mitigation
- Prepared for: Lot 1-2A Orchard Dill Road
in Noah Andover, Mass.
Prepared for: George R, Barber, Jr_
Bate; April 3, 1997
cc. Applicant ,
Assessors
Building Tnspector
Conservation Admen Arator
Director of Public Works
Engineer
File Health Administrator
Fire Gluef
Lot 1-2AOrchard Hj€j Read-Silo Ran Review-Special Permit
Plwui ng Board
Police Chief
Lot 1- A. Orchard HII - Site Pfau Review
ti
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