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HomeMy WebLinkAbout2001-06-21 Decision Special Permit PDD 0Fs t N�) r(I IUD • Town of North Andover �oR7►, , Office of the Planning Department Community Development and Services Division 27 Charles Street " ����•• �`'' North Andover,Massachusetts 01845 �ssnc�uet� Heidi Griffin Telephone (978)688-9535 Planning Director his is to certify that twenty(20)days Fax (978)688-9542 nave elapsed from date of decision,fllau )ilhout illIn��q ATTEST: doyoe B aus A True Copy Town cle'k Notice Of Decision Rr..q 5i44&", , Any appeal shall be filed Town CZex1s C= c Within (20) dgys after the Date of filing-this Notice c �n n In the Office of the Towle l Clerk rr'- 'I7 � © Date: June 21, 2001 > Date of)Hearing: April 1;�2001, May 1,.2W 1 &June 5, 2001 — (�-A Petition of: Richmond Realty Trust 451 Andover Street,North Andover,MA 01845 � Premises Affpcted: located off Waverly Road " Referring to the above petition for a special permit from the requirements of the North, Andover Zoning Bylaw Section U. So as to allow: for a four story 43-dwelling unit building. - After a public hearing given on the above date,the Planning Board voted to APPROVE, the Special Permit for Planned Development District Special Permit, based upon the following conditions: Signed?berto Si ons, Chairman Cc: Applicapt Angles, Vice Chairman Eingineer Richard Nardella, Clerk Abutters Richard Rowen r' DPW Alison Lescarbeau Building Department Cortservatioq Department Health Department � ZBA ` BOARD OIL APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEAM1688-9540 PLANNIN0 688-9535 Riverbend Cr ing-Greene Street Special Permit Planned Development District Conditional Approval The Planning Board hereby APPROVES the Planned Development District Special Permit for a 4 story 43-dwelling unit building. This building will be utilized by adults 55 years of Xhmond or older, known as Riverbend Crossing. This special permit was requested by Realty Trust, 451 Andover Street, North Andover, Massachusetts on March 29, 2001. Richmond Realty Trust submitted a complete application on March 29, 2001. The application was noticed and reviewed in accordance with the procedures for approval described in Section 11, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40, sec. 9, The area affected is located off Waverly Road in the I-S Zoning District. The Planning Board makes the following findings as required by the Town of North Andover Zoning Bylaw, Sections 10.3 and 10.31. 1. The specifip site is an appropriate location for a Planned Development District as it is located in the I-S Zoning District and the PDD plan meets the minirnwn requirements required by Section 11.4 of the Town of North Andover Zoning Bylaw. 2. The use as developed will not adversely affect the neighborhood as this site is located in the industrial-S Zone and is adjacent to the Town of North Andover Housing Authority, and is a similar use as the property adjacent to it. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant submitted. a traffic impact and access study to the town's outside engineering consultant and the study was found to be accurate and sufficient for the proposed project. Furthermore, the Town of North Andover Fire Department has determined in their review that this proposed project will enhance the current life safety conditions presently found on the property (attached). 4. Adequate aid appropriate facilities will be provided for the proper operation of the proposed use. The project will be on town water and sewer and has been determined acceptable by the Department of Public Works as noted in their letter dated May.24, 2001 (attached). The Planning Board also makes findings under Section 11.2 of the Zoning Bylaw that this PDD is in harmony with the general purpose and intent of the Bylaw, including Sections 11.2 and 10.3, and that the PDD provides for a mixture of land usage at designated locations at greater density and intensity than would normally be allowed. In particular, the Planning Board finds that this project: 1 BK 6743 FAG 107 l. Does not detract from the livability and aesthetic qualities of the environment — The building has been designed by registered architect and a community and fiscal impact analysis has been submitted; 2. Is consistent with the objectives of the Zoning Bylaw— The project conforms to the Town of North Andover Zoning Bylaw with the exception of variances granted by the Zoning Board of Appeals; 3. Promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains and wildlife -- The project contains approximately 38% open space which can be utilized for terraces, walking trails and other active or passive recreational uses; and 4. Promotes diverse, energy-efficient housing at a variety of costs. The property will provide housing for individuals 55 years of age or older, which is a type of housing needed in the Town of North Andover. Finally, the Planning Board finds that the Planned Development District complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. The developer shall designate an independent Environmental Monitor who shall be chosen. in consultation with the Planning and Community Development �taM The Environmental Monitor must be available upon four (4) hours h otice to inspect the site with the Planning Board designated official. The Environmental Monitor shall, make inspections as determined necessary by the Town Planner to assure compliance with this decision. T�e monitor shall meet with the Town Planner at appropriate intervals and file monthly written reports to the Planning Board detailing areas, if any, of non-compliance with approved plans and conditions of the site plan approvals. 2. It shah be the responsibility of the developer to assure that no-erosion on -the $ite shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer and other off-site construction. Off--site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plT. 3. Prior to endorsement of the plans by the Planning Board and recording with the Registry of Deeds the applicant shall adhere to the following: a. The applicant shall post (per agreement with the North Andover Planning Board) a Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North Andover. The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. This amount shall cover any contingencies that might affect 2 BK 6743 Pia 108 the public welfare such as site-opening, clearing, erosion control and p6rformance of any other condition contained herein, prior to the posting of the Performance Security as described in Condition 6b of this Conditional Approval, This Performance Guarantee may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full, or partially retained in accordance v ath-the recommendation of the Planning Staff and as directed by the vote of the North Andover Planning Board. b. Deeds and easements relative to the project (with the exception of the Master Deed referenced in condition #6d) must be supplied to Planning Staff and reviewed and approved by Town Counsel. C. The construction and placement of the North Andover Trails Committee standard 55" flask will occur near the cul-de-sac area .at--the bottom of the street near the parking areas. Revised plans must be submitted reflecting this. The Planning Board Approves the following building designs as depicted in the following plants: Plan Tided; Lower& 1"'Floor Elevations 2"j,_3'd and 40'floor plans Elevations Architect: Joseph D. UGrasse&Associates, fc. One Ehn,Square Andover,MA 01810 Dated: November 27,2000,revised 12/15/00 Sheets: A.-1, A-2,A 3,A-4 4. Prior to C' nstruction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and inforn€ling the public of anticipated activities on the site, b) Yellow Hazard tape must be placed along the no-cut line on 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 cut in accordance with the approved plans. 3 5. Throug4out and During Construction: (a) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. (b) Street sweeping must be performed, at least once per month, throughout the construction process, or more frequently as directed by the Town Planner. (c) Hours of operation during construction are limited from 7 a,m. to 5 p.m, Mondaythrough Friday and 8 am. —5 p.m. on Saturdays. C. Prior to the issuance of a building permit: a) The Planning Board must by majority vote make a specific finding thpf the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. b) A.Perfarnw)ce Guarantee in an amount to be detemifiW by the Planning Board, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in,the form acceptable to the North Andover P Board. Items covered by the Bond may include, but shall be limited to: i3 as-built drawings; H) sewers and utilities ini)roadway co"ction and nudntermce iv)lot and site.erosion control v) site screening and street trees vi)drainage facilities - vn7 site restoration viii)final site cleanup c) The applicant shall adhere to the following requirements of the Fire Department and the Building Department: i. All structures must contain a residential fire spriul der system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Pepartment, Plans and hydraulic calculations fot each -residential system must also be supplied to the Building Department when applying for a building permit. d) A Master Deed which represents the following: (1) Each unit shall be occupied by at least one person who is at least 55 years of age or older; (2) All unit owners shall comply with the rules 4 issued by the S retary of HUD for verification of occupancy which shall provide f&verification by reliable surveys and affidavits, which shall be admissible in administrative and judicial proceedings for the purpose of such verification; (3). Children under the-age of 18 may not reside in a unit for more than six months (6) in any nine month (9) pe4od. e) The applicant must comply with the Growth Management Bylaw, Section 8.7 of the Town of-North Andover Zoning Bylaw. if the applicant wishes to qualify for the exemption listed in Section 8.7.6.d the Master Deed referenced above in Condition 6.d. must run with the land. (f) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer t appurtenances for use. (g) The roadway must be constructed to at least binder coat of pavement ! to properly access the lot in question prior to construction-of the binder coat, the applicant shall ensure that all required inspection and testing of wafer, sewer, and drainage ;facilities has been completed. The applicard must subn* to the Town Planner and the Department of Public Works an interim as-built, -certified -by .a -professional engineer, verifying that all utilities have been installed in accordance with the plats and profile sheet. (h) The applicant is required to pay sewer mitigation fees fees in accordance with the current and prescribed policies. at the Department of Public Works. These fees are based on the number of bedrooms. Proof of payment must be supplied to the Planning Department. (i) The open space, subject to the easement for the public to use the trails, shall be part of the condominium. To insure that this condition is met, the Applicant shall provide to the Planning Board a copy of the Master Deed along .with the Exhibit A -property description uppn the recording of the Master Deed at the Essex North District kegistry of Deeds. The Master Deed shall provide that the open space shall never be severed from.the condominium nor shall the unit owners ever be able to vote to withdraw the open Space land from the condominium. 7. Prior to verification of a Certificate of Occupancy. a) The applicapt shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building 5 BK 6743 PG III Department. All structures must contain a residential fire sprinkler system. The residential fire sprinkler systems must be installed in accordance with referenced standard NF1'A 13D and in accordance with 780 -C.MR., Chapter A of the Nlassachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. .The,applicant Must then provide this certification to the North Andover Planning Department. S. Prior to final release of security; a) The Plqnning Staff shall review the site. Any screening as may be reasondbl required edb the Planning S Y q Y tall wall be g added at the applicant's expense. Specifically after the detention pond is completed, the Town Planner 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 find topography, the location of all on- site utilities, structures, curb cuts,.parking spaces and drainage facilities must be submitted to and reviewed by the Pl€mning StaEand the Division of Public Works, 9. Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs, outside of the no-cut line as shown ' on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. 10. This special permit approval shall be deemed •to have- -lapsed after (two years from the date permit granted) unless substantial construgtion of roadway and utilities has commenced. 11. The provisions of the-Special Permit shall apply to and be-binding upon the applicant, . its employees, contractors and subcontractors and all successors in interest or control. 6 12. The developer shall implement and follow all requirements set forth in this decision (conditions 1-12) and the plans and reports, referenced below in conditions 13a-d. Failure to comply with all requirements therein and the conditions of.this approval shall be the basis for the Planning Board, voting by majority vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance-will be-solely determined -by a majority vote of the Planning Board based upon the developers written comments and the ponditions contained herein, 13. The Town Planner shall approve any insubstantial changes made to the plans and reports described in ,Sections 3 and 13. Any changes dewled.substantial by the Town Planner shall be presented to the Planning .Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. a) Plan titled: Definitive Plan: Planned Development for Riverbend Crossing Dated: 3/28/01 Applicant: Richmond Realty Trust Civil Engineer: Christiansen&Sergi, 160 Summer Street Haverhill,MA 01830 Sheets: 1 of 7 Scale: 1"20' b) Plan tit�d; Proposed Site Locus Plan&Landscaping Plan Dated: November 27,2000, revised 12/15/00 Sheets: C-1 &C-2 Scale: 1"=-40'.and..1"--20' Landscape Architect: Joseph LaGrasse&Associates, Inc. One Elm Square Andover,MA 01810 c) Report rifled: Tic Impact and Access Study Riverbend Crossing Condominium Development North Andover,MA Prepared by: Vanasse&Associates, hie. 10 New.England Business Center Drive, Suite 314 Andover,MA 01810 Dated: May 2001 7