HomeMy WebLinkAbout2017-01-17 Decision SPR I
Town of North Andover
Office of the Planning Department
Community Development and Services Division
120 Main Street
North Andover,Massachusetts 01845 1, 2011 JAN ( $ P 4
NOTICE OF DECISION
SITE PLAN REVIEW SPECIAL PERMIT
Pursuant to Chapter 40A,Section 17
of the Massachusetts General Laws,
appeals from the decision niust be filed Date; January 17,2017
in the office of the Town Cleric Public Hearings: December 6, 2016, January
within(20)days after the 3,2017,January 17,2017
date of filing this notice in Date of Decisions January 17,2017
the office of the Town Cleric.
Petition of: Chestnut Green Condominiian Association
c/o Property Management of Andover
P,O. Box 488
Andover,MA 0 18 10
Premises Affected: 555-575 Turnpike Street
North Andover,MA 01845
Assessor's Map 25 Lot 11, 69,71
The above application for a Site Plan Review Special Permit is in accordance with the requirements of the
North Andover Zoning Bylaw, Section 8.1, 8.3 and 10.3, and Massachusetts General Law Chapter 40A,
Section 9.
This application is to allow for construction of nine (9) parking spaces and associated stormwater
management in the Business 4(B-4)Zone.
After a public hearing held on the above dates,and upon a motion by David Kellogg,seconded by Lynne
Rudnield, the Planning Board APPROVES the Site Plan Review Special Permit as amended and with
conditions.A vote of 5-0 was made in FAVOR of the application.
law
On beha of the N01111 dover Planning Board
John Simons,Chair
Lynne Rudnicki
David Kellogg
Lora McSherry
Peter Boynton
I
€
E
i
The Planning Board herein APPROVE,S the Site Plan Review Special Permit for the construction of'nine (i
(9)parking spaces and associated storznwater management in the Business 4(B-4)Zone.This Special
Permit was requested by Chestnut Green Condominium Association. The application was filed with the
Planning Board on November 7,2016, The public hearing on the above referenced application was
opened on December 6,2016, and closed by the North Andover Planning Board on January 17,2017,
The Applicant submitted a complete application,which was noticed and reviewed in accordance with
Section 8.1, 8.3, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec, 9.
The Planning Board voted unanimously(by a vote of 5-0)to grant the Site Plan review,Special
Permit. A special permit issued by the planning board,as special permit granting authority,
requires a vote of at least four members of a live-member board.
The Planning Board makes the following findings as required by the North Andover Zolzitig Bylaws
Sections 8.1, 8.3, 10.3 and 10.31:
PINDIENGS OF PACT
1) The specific Site is an appropriate location for such a use, structure,or condition.
2) The use as developed will not adversely affect the neighborhood.
3) There will be,no nuisance or serious hazard to vehicles or pedestrians.
4) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
1
5) The Planning Board makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw.
6) The proposed prof cot is a result of discussions with the Planning Board,Torun Departments, �
Applicant and outside consultant with respect to parking, site design,grading,and stozmwater
management.
7) The site drainage system and stornwater management design are designed in accordance with the
Town Bylaw requirements and Best Management Practices,and the most recent version of the MA
DEP Stormwater Handbook, and has been reviewed by the outside consulting engineer,Eggleston
Environmental. (See email from L.Bggleston dated November 22,2016.)
8) There is approximately 84,122 square feet of gross floor area in the three buildings,the required
parking spaces per the North Andover Zoning Bylaw are 378 parking spaces, There are currently 259
parking spaces at the Site.The Site is a znix of medical and other office use,the medical use exceeds
all other Uses at the Site,
9) The proposed nine(9)parking spaces will be dedicated as employee parking only.
10) The Hire Department has reviewed the Plan and has stated that although the proposed parking spaces
are within the roadway casement the roadway as constructed currently does not provide the fire
apparatus with sufficient turning radius. They presently need to back the apparatus up from that point
on Hillside Road to either the entrance/exit of the Chestnut Green Complex or to Bucklln Road off of
Hillside Road.Therefore,the additional proposed parking spaces will not impede Tire response to this
complex. (See memo from Lt.Robert Bonenfant dated November 29,2016.)
Site Plan Review Special Permit
555-575 Turnpike street—Chestnut Green Condominium Page 2 of 7
January 17,2017
11)The Department of Public Works has reviewed the projeet and finds that all of the proposed parking
spaces are located within roadway easement area but off of the existing edge of the pavement. Since
the proposed spaces are located completely off of the existing edge of pavement,the DPW does not
have any concerns with the proposed parking layout, (See memo from John Borgesi,Town Engineer,
dated November 30,2016)
12)There is no deeded casement to the Town of North Andover for access to the existing roadway
easement area, as identified on the submitted"Site Development Plan of Land"dated April 20,2015.
The DPW recommends that a deeded easement to the Town of North Andover,for the area identified
as "Roadway Easement"be developed to clarify the roadway easement access rights for all patties
and the deeded easement be recorded at the Northern Essex Registry of Deeds. (See memo from John
Borgesi,Town Engineer,dated November 30,2016.)
WAIWI RS
13) 8.3,5 (e)(i):North Arrow/Location Map: A north arrow and a-location map showing surrounding
roadways and land use adjacent to the site.Location map should show at least one intersection of two
existing Town roadways.This requirement is waived as the project site is bounded by three streets.
14) 8.3.5 (c)(iv):Name/Description of Project:The name of development and the names,addresses and
telephone numbers of the project tenants,land uses,development pleases, or other pertinent
information necessary to evaluate the proposed development plan.This requirement is waived
because the tenants and telephone numbers is extensive as they are condominium units. The
Condominium Association is listed and the information of the development and proposed
construction is in the projectnarxative,
resent d proposed to o ra h of the site utilizin two foot contour
15) $.3.5 (e)(v):Topography:Thep an p p p g p y , g
intervals.Existing topography fifty feet beyond the perimeter of the parcel as it appears on the most
current Town of North Andover topographic mapping shall also be shown.This requirement is i
waived as the plan shows the proposed and existing topography in the proposed construction site
only.
16) 83 S(e){vi): Zoning Information; All applicable Zoning Bylaw information shall be provided
regarding the site's development. This information shall be placed in a table and list all the parking,
setbacks,percent of lot coverage,floor-area-ratio,number of dwelling units, total amount of square
feet, size of signs, and any tither applicable zoning information necessary for proper review of the site
plan by the Town Planner and Planning Board.This requirement is waived as there are no new
buildings proposed and only an additional trine parking spaces are involved in the application.
1.7) 8.3,5(e)(viii): Stormwater Management Plan: All applications for Site Plan Review shall include the
submittal of a Stormwater Management Plan prepared in accordance with the latest version of the
Massachusetts Stormwater Handbook and additional criteria established herein and demonstrating full
compliance with the Massachusetts Stormwater Standards and the North Andover Stormwater
Management and Erosion Control Regulations promulgated under Chapter 160 of the Town Bylaws.
This requirement is waived as the stormwater calculations and design are provided for the nine
parking spaces,using porous pavement with no increase in rate of runoff or volume of runoff.
18) $.3.5(e)(ix):Building Location: Identification of all existing and proposed structure(s) located on the
site.The number of stories,overall height in feet and gross floor area in square feet of all structure
shall be indicated, This requirement is waived as there are no proposed buildings for construction.
Site Plan Review Special Permit
555-575 Turnpiko Strect--Chestnut Green Condominium Page 3 of 7
January 17,2017
I
i
19) 8.3 6(e)(x):Building 1116vation:A drawing of the exterior of the building,as viewed from the front
(street view)must be submitted.The Planning Board may request rear views if relevant to the Board's
review.This requirement is waived as there is no building proposed to be built.
t
i
20) $.3.5(e){xiii}: Location of Walls/Signs: Identification of the location,height and materials to be used
for all retaining walls and signs located on the site.This requirement is waived as no signs are
proposed or will be impacted by the proposed nine parking spaces.The proposed retaining wall is
shown on the plans.
21) 8.3.5(e)(xvi):Landscaping Plan:Identification of the location and landscape schedule of all perimeter I
and interior landscaping,including but not limited to proposed paving materials for walkways, fences, '
stonewalls and all planting materials to be placed on the site.In addition,all existing trees over 12
inches DBH,to be saved or removed shall be shown on the site plan.Ally landscaping required by the
Town Bylaws shall be indicated on the site plan in tabular form showing the amount required and the
amount provided.This requirement is waived as landscaping is provided only in the area of the nine
parking spaces and not the entire site as a whole.
22) 8.15(e)(xvii): Refuse Areas: Identification of the location of each outdoor refuse storage area, I
including the method of storage and screening.All refuse areas must be fully enclosed.This �
requirement is waived.since no new buildings are proposed and the proposed parking spaces do not
impact any of the refOsefdtimpster areas.
j
23) 8.3.5(e)(xviii): Lighting Facilities:Identification of the proposed illumination,indicating the direction
and the degree of illumination offered by the proposed lighting facilities,including an example of the
light fixture to be used.This requirement is waived since no impact to the existing lighting is j
proposed.
24) 8.3.5(e)(xx): Traffic Impact Study: Identification of existing traffic levels,along with the expected
traffic impacts to occur based upon the proposed project.Projects which access state highways, a i
traffic impact study shall be filed with MEPA concurrently with the Planning Board review.This
requirement is waived as the proposal is to add nine parking spaces to alleviate overcrowding in the
existing developed parking lot.
i
25) 8.3.5(e)(xxii)Utilities: All utilities,including water line locations,sewer Iine locations and profiles,
and storm drainage systems.This requirement is waived as construction is limited to 24"below the
street elevation and no utilities otherwise are servicing the building in this project area.
26) 8.3.5(e)(xxiii):Fiscal Impact:Projections of costs rising from increased demand for public services
and infrastructurc;provisions of benefits from increased tax revenues,employment and infrastructure
improvements;and impacts on adjacent property values.The requirement is waived as nine parking
spaces will not impact tax revenues. '
27) $ 3.5{e}(xxtv): Community Impact:Analysis of the proi cots impact on the surrounding neighborhood
�
in terms of architectural consistency, pedestrian movement and overall character;impacts on nearby
historic structures or site; and an evaluation of the proposed projects consistency and compatibility
with existing local and regional plans.This requirement is waived as the project will not impact the
neighborhood or architectural consistency of the area since no buildings are proposed.
Site Plan Review Special Permit
555-575 Turnpike Street—Chestnut areen Condominium Page 4 of 7
January 17,2017
E
I
Finally, the Planning Board finds that this Project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Sections 8.1, 8.3, 10.3 and 10.31, 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'.
PRRMIT AEIC+INUI;ONS
28)The "Locus" refers to the approximately 4.8 acre parcel at 555-575 Turnpike Street, referenced on
Assessor's Map 25,Parcel 11, 69, 7L
29)The"Plans"refer to the plans entitled"Site Development Plan of hand in North Andover,MA prepared
for Property Management of Andover",prepared by Merrimack Engineering Services,dated April 20,
2016.
30) The "Project" refers to the construction of nine (9) parking spaces and associated stormwater
management in the Business 4 (B-4)Zone.
31) The "Applicant" refers to Chestnut Green Condominium Association, the applicant for the Site Plan
Review Special Permit,
32)The "Project Owner" refers to the person or entity bolding the fee interest to tine title to the Locus,
which can include but is not limited to the Applicant,developer,and/or owner.
SPECIAL CONDITIONS
Upon reaching the above findings,the Planning Board approves this Site Plan Review Special Pernlit
with the following conditions; E
33)Tile parking spaces shall be assigned for employees only and signage shall be erected to indicate that
these spaces are reserved for employees only,The intent of the assigned parking spaces is to minimize
constant turnover in these spaces, and the Site area in particular,for the benefit of the neighborhood.
34)The Applicant shall convey an easement in the parking area,to be reviewed by Town Counsel, and
that the easement must be accepted by the Board of Selectmen and recorded with the Registry of
Deeds.The Applicant shall provide the Planning Department with two copies of the recorded
documents.
35) The use of coal tar-based pavement sealants is prohibited.
36)No mature trees shall be removed.
37) Snow stockpiling for the Site shall not occur at the end of Ili]]side.Road or hi the area around the mature
trees to the left of the new parking spaces.A"No Snow Stockpiling"sign shall be placed in the area of
the trees.
38) Trees shall be protected from road salt,sodium chloride, or other de-icing Chemicals.
39)All appropriate measures should be taken to protect the trees on the Site and the owner shall maintain
the trees in perpetuity,
40) The Applicant will provide landscaping between the retaining wall and the sidewalk and the sidewalk
and the building in offorts to preserve green space.
Site Plan Review Special Permit
555 575`l'umlAo Street—Chestnut Crreea Condoininiurn Page 5 of 7
January 17,2017
I
41) The Applicant shall monitor the pavement to ensure water drainage, debris accumulation,and surface
deterioration.A vacuum sweeper shall be used annually to remove sediment and organic debris on the
pavement surface.An Operations and Maintenance Plan with these conditions shall be established and
submitted to the Planning Department.
PRIOR TO A BUIELDING PERMIT OR SITE WORK/CONSTRUCTION
42)The Basement, Plans and this Notice of Decision must be recorded at the Essex North Registry of
Deeds. Two (2) copies of the signed and recorded Plans and Notice of Decision must be delivered to
the Planning Department.
43)A Performance Guarantee bond in the amount of five thousand($5,000)shall be posted for the
purposes of ensuring that the site is constructed in accordance with the approved plaits and that a-filial
as-built plan is provided.
44)A construction schedule shall be submitted to the Planning Department for the purposes of tracking
major milestones and general construction.
45)A pre-construction meeting must be held with the Applicant,contractors,Mining Department, and i
any other applicable representatives to discuss scheduling of inspections,points of contact,and major
milestones.At this same meeting,the activities for Special Conditions 45 and 46 below may also be
conducted.
iI
46) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown ott the Plan. I
The Planning Department must be contacted prior to any initial cutting and/or clearing on-site.
Existing trees that will remain in the landscaped area are to be marked.
47) All applicable erosion control measures must be in place, reviewed,and approved by the Planning
Department.
DURING CONSTRUCTION
48)Any stockpiling of materials must be maintained using all relevant Best Management Practices
(BMPs)including covering of loose stockpiles and/or implementing dust mitigation measures.
49)It shall be,the responsibility of the Applicant to ensure that no erosion from the site of construction
shall occur which will cause the deposition of soil or sediment upon adjacent properties or public 3
ways,except as normally ancillary to off-site sewer or other off site construction. Off-site erosion
will be a basis for the Planning Board to snake a finding that the project is not in compliance with the
Special Permit, and the Board shall give the developer written notice of any such finding and provide
three(3)days to implement corrective actions.
i
50)hi an effort to reduce noise lovels,the developer shall peep in optimum working order,through
regular maintenance, any and all equipment that shall emanate sounds from the construction site.
51)Hours of construction are limited from 7:00am to 5:00prn Monday through Friday,and from 8:00am
to 5:00pm on Saturdays,
PRIOR TO THE RELEASE OF, SECURITY AND/Olt ESCROWED FUNDS
52) The.Applicant must submit a letter from the architect and/or engineer of the project stating that the
site layout complies with the approved Plans.
i
Site Plan Review Special Permit
555-575 Turnpike Street-_Chestnut Green Condominium Page,6 of
January 17,2017
I
53)All slopes must be stabilized with regard to crosion and safety.
54)The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable,
55)All stornrwater structures shall be cleaned in accordance with the approved Storrawater Operation&
Maintenance Plan,
56)A final set of as-built plans showing final topography, location of utilities,stir►otures,curb cuts,
parking spaces, drainage facilities, and easements must be submitted to the Planning Department for
on-site verification. Plans shall show all relevant site elcnnents including, but not limited to,
stormwater infrastructure,Iandscaping, building footprints, impervious and pervious surface area,
sewer and water connections,and other pertinent site features. One full size paper copy and one
electronic copy(TIFF format)shall be submitted to the Planning Depar-ftnent,
57)The Planning Board must, by a majority vote,make a finding that the site is in conformance with the
approved Plans.
GENET RA-L CONDITIONS
58)The contractor shall contact Dig Safe at least 72 hours prior to coinnrencing any excavation.
59) Gas,telephone,cable,and electric utilities shall be installed underground as specified by the
respective utility company,
60)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.
61) Any action by a Town Board, Cornrnission,or Department which requires a change in the plan or
design of this proposal as presented to the Planning Board may require the Applicant to return to the
Planning Board to modify this Site Plan Review Special Permit,as deemed necessary by the Planning
Director.
62)Pursuant to the North Andover Zoning Bylaw Section 10.31.3 this Site Plan Review Special Permit
shall be deemed to have lapsed after January 3, 2019 (two years from the date the permit is granted),
exclusive of the time required to pursue or await determination of any appeals,unless substantial use
or construction has commenced within said two-year period or for good cause as determined by the
Plaiming Board.
63) The following shall be deemed part of this decision:
PLANS: Site Development Plan of Land in North Andover,MA prepared for Property
Management of Andover
PLAN SIMETS: I
PREPARED FOR: Property Management of Andover
P.O.Box 488
Andover,MA 01810
PREPARED BY: Merrimack Engineering Services
66 Parr Street
Andover,MA 01810
DATE: April20, 2015
Site Plan Review Special Permit
555-575 Turnpike Street--Chasfnut Green Condominium Page 7 of 7
January 17,2017