HomeMy WebLinkAbout2007-08-08 Correspondence Cr • �
SMOLAK & VAUGHAN � John T. 51130I1Fk
— ------ -- -- - -- — T 978-127-5215 1 F 978-W-5219
A T T o 1'. N E v ti A 7 !. A
�smolak;ir:snFulakvuuglwn..cnnF
May 17,2007 "
By E-Mail °.
Richard A. Nardella,Chairman
Planning Board
Town of North Andover
1600 Osgood Street
North Andover, North Andover, Massachusetts 01845
Lincoln Daley,Town Planner
Planning Department
Division of Community Development
Town of North Andover
1600 Osgood Street
North Andover, North Andover,Massachusetts 01845
RE: Application for Site Plan Review Special Permit
Property; 1812, 1820-1830 Turnpike Street
Owner/Applicant: GFM General Contracting Corp.
Summary of Site Plan Changes
Dear Mr. Nardella and Mr. Daley:
On behalf of the Applicant,GFM General Contracting Corporation, the
following is a list of modifications made to the site plans originally reviewed by
the Board at its last hearing on this matter which was February 7. Since that
time,we have made modifications to the site plan and related architectural plans
as a result of the need to provide additional parking, and to conform with the 50-
foot rear yard setback requirements of the Zoning Bylaws. The changes made to
the site plans and related architectural plans are summarized as follows:
1. Based upon the Board's recommendation to consider additional
parking alternatives to expand retail opportunities, the building
now includes 23 parking spaces in the building basement area,
along with additional parking and other related circulation
improvements to the west of the site located in the area of the
existing shed on 1812 Turnpike Street,
2. The rear of the building has also been reconfigured to run parallel
with Berry Street, and as a result, the building is now of a
trapezoidal shape rather than rectangular in shape which enhances
Jefferson Offlee Park,820 Ttimpike Street,Suite 203,North Andover,MA 01845
WWW.SMOI,AKVA IJGH A N.COM
0
SMOLAK & VAUGHAN Li,P
May 17,2007
aesthetics to the Berry Street side of the property, and in turn,
makes it more aesthetically appealing to current and future
residential uses to the south of the site.
3. The revised building configuration has allowed us to move the
patio area to a more central location of the building to the rear of
the site in an area which "softens up" the rear design to make it
more "pedestrian friendly" to the residential neighborhood and
other residents nearby who might be drawn to the building. At the
suggestion of the Planning Board, we continued the inviting look of
the front of the building to the rear of the building as well.
4. Based upon input from the Planning Board suggesting we look for
ways to increase parking so as to not unduly restrict the size of the
proposed retail component of the project, the number of parking
spaces has increased from 98 to 119. As a result, the increased
parking also allows us to consider medical office use in addition to
business/professional office use and retail uses.
5. The driveway connection to Berry Street just northwest of the
building has been eliminated and a com ection to the adjacent
parking lot at 1812 Turnpike Street has been provided to eliminate
the possibility of an additional cut-through in the area.
6. Grading to the right of the building has been modified (as a result
of the garage parking proposal) such that 180 linear feet of
retaining wall is no longer proposed in the buffer zone;
Please contact me should you have any additional questions or continents.
Very truly yours,
)John T. Smolak
JTS:
cc: Mr. Gino rodera, GPM General Contracting Corp.
James MacDowell,Pastern Land Survey Associates, Inc.
Chris Huntress, R.L.A.
Dermot Kelly, P.E.
Page 1 of 2
Ippoiito, Mary
- . ... ..... ...........__
From: John Smolak Usmolak@smolakvaughan.com}
Sent: Friday, October 19, 2007 7:54 AM
To. Ippolito, Mary; McEvoy, Jeannine; McKay, Alison
Cc: Gino Fodera
Subject:: GFM General Contracting, 1812, 1820-1830 Turnpike Street-- Recording Information
Hi Mary, Jeanine, and Alison:
Please note the following documents have been recorded yesterday with the Essex North Registry of
Deeds. Hard copies of the documents will be sent to you sometime today, but the images have not shown up yet
on the Registry website. But I wanted to send you the attached receipt as evidence of recording.
1. Common Driveway Special Permit Book 10944, Page 169
2. Site Plan Special Permit Book 10944, Page 174
3. Wetlands Order of Conditions Book 10944, Page 184
4. Site Plans Plan Nos. 15808 through 15811.
Regards,
John
John T. Smolak, Esq.
Smolak & Vaughan LLP
East Mill
21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. 978.327.5220 (Main)
Tel. 978.327.5215 (Direct)
Fax 978.327.5219
E-Mail.jsmolak@SmolakVaughan.com
Web Address: www.SmalakVaug iap.com
--------------------------------------------------------------------------------------------------...._..._-_--_..__---------------------------------------
-----------------
iRS CIRCULAR 230 NOTICE
Applicable Treasury Regulations require that I inform you that any U.S. tax advice in this communication and any
attached document is not intended or written to be used, and cannot be used by any taxpayer for the purpose of
avoiding U.S. tax penalties.
-------------------------------------------------------------------------------------------------------------------------------------------------------
-----------------
STATEMENT OF CONFIDENTIALITY
This communication is intended only for the use of the individual or entity named as the addressee. it may contain
information which is privileged and/or confidential under applicable law. If you are not the intended recipient or
such recipient's employee or agent, you are hereby notified that any dissemination, copy or disclosure of this
communication is strictly prohibited. If you have received this communication in error, please immediately notify
us at(978) 327-5220 or via return a-mail to jsmoiak@smolakvaughan.com and expunge this communication
without making any copies. Thank you for your cooperation.
-------------------------- ----------------------------------------------.._..---------------------------------------------------------------------------
-----------------
DISCLAIMER REGARDING ELECTRONIC TRANSACTIONS: This communication does not reflect an intention
by the sender or the sender's client or principal to conduct a transaction or make any agreement by electronic
means. Nothing contained in this message or in any attachment shall satisfy the requirements for a writing, and
11/1/2007
i
i
Book:-10944-page: 169- Inst#:�30621--
Ctl#: 211 Rea:10-18-2007 @ 4:08:39p
NAND 1812 1820-1830 TURNPIKE ST
DOC DESCRIPTION TRANS AMT
NOTICE -____---_
Surcharge CPA $2n,0O 20.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
Total fees: v75.00
Book: 10944 Page:-174-YInst#: 30622
Ctl#: 212 ROc:10`18-2007 @ 4:08:39p
NAND 1812 1820-1800 TURNPIKE ST
DOC DESCRIPTION TRANS AMT
NOTICE ---
Surcharge CPA $20,00 20.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
Total fees: ^�-75,00
-__ sP v►,
Book: 10944 Pags 184 Inst#: 30623 ^
Ctl#: 213 Reo:10-18-2007 @ 4:08:39p
NANO 1812 1820-1830 TURNPIKE ST
DOC DESCRIPTION TRANS AMT
ORDER -COPE ---------
Surcharge CPA $20.00 20,00
50,00 recording foe 50.00
5.00 TECH FEE 5.00
Total fees: _--75.00
Total charges: 11585,00
CHECK PM 1147 1,585.00
a
RECEIPT
Printed:10-18-2007 @ 16:08:46
Essex North Registry
Robert F, Kelley
Register
Trans#: 142779 Oper:CARMENT
SMOLAK 8 VAUGHN
Cti#: 207 Rec:10-18-2007 9 4:08:39p
DOC DESCRIPTION TRANS AMT
_ 5 _________
PLAN 1. Ft)
Surcharge CPO $20,00 140.00
5.00 TECH FEE 35.00
Plan recording 350,00
Document Copy Man 35.00
Total fees: 560.00
Ct1N: 208 Roo:10-18-2007 @ 4:08:39p
DOC DESCRIPTION TRANS AMT
YP0,00 --
PLAN f
Surcharg8 CPA � 120.00
5.00 TECH FEE 30,00
Plan recording 300.00
Document Copy -Man 30.00
Total fees: 480.00
Cti#: 209 Rec:10-18-2007 @ 4:08:39p
DOC DESCRIPTION TRANS AMT
PLAN
Surcharge CPA�$" J20,00 40.00
5,00 TECH FEE 10.00
Plan recording 100.00
Document Copy -Man 10,00
Total fees; 160.00
Ctl#: 210 Rec:10-18-2007 @ 4:08:39p
DOC DESCRIPTION TRANS AMT
PLAN
Surcharge CPA $20.00 40,00
5.00 TECH FEE 10.00
Plan recording 100.OD
Document Copy -Man 10.00
Total fees: 160,00
1
Town of North Andover
Office of the Planning Department
Community Development and Services Division
�S$ACHU`'E1
Osgood Landing i
1600 Osgood Sheet
Building#20,Suite 2-36
North Andover,Massachusetts 01845
P(978) 688-9535
r(978)688-9542
Stonewall Plaza LLC
Ciro Fodera
325 North Main St.. Unit 15-B
Middleton, MA 01949
November 9, 2009
Re: Application for Special Permit from the Zoning Board of Appeals to construct a new sign at 1820
Turnpike St., Stonewall Plaza
Dear Mr. Fodera,
At the Planning Board meeting held on November 3, 2009,the Planning Board reviewed the revised
design for the sign that you have proposed for the building known as Stonewall Plaza, located at 1820
Turnpike St.,North Andover,MA. The Board did not recommend any changes to the sign and would
recommend approval by the Zoning Board of Appeals.
If there are any questions, please let me know.
Re arils,
Judith Tymon,A
cc: Curt Bellavance,Director Community Development
Jerry Brown, Inspector of Buildings
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSFRVATION 688.9530 HEALTH 688-9540 PLANNING 688-9535
' Town of Noah Andover 44 IAa RTF{1H
Office of the Planning Department
Community Development and Services Division ,
27 Charles Street .P
North Andover, Massachusetts 01845 �Ss�c►►u��`
Telephone(978)688-9535
Fax (978)688-9542
Notice Of Decision =' C)
Cl-i-<
Any appeal shall be filed
MFYI
Within (20) days after the �, r_�
Date of filing this Notice C' ' ==
In the Office of the Town <�
Clerk ,
w
Date: December 20, 2001
Date of Hearing: November 13, 2001,
December 4, 2001 &December 18, 2001
Petition of: Jean Paul Proulx 1812 Turnpike Street, North Andover, MA 01845
Premises Affected: 1812 Turnpike Street North Andover, MA 01845
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 8.3 and 10.3.
So as to allow: the construction of a two-story clapboard and wood/metal frame
office/retail building in the General Business Zoning District.
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit for Site Plan Review, based upon the following conditions:
Signed: - '
lerto
n SiiFions, Chairman
Cc: Applicant Angles, Vice Chairman
Engineer Richard Nardella, Clerk
Abutters Richard Rowen
DPW Felipe Schwarz
Building Department
Conservation Department
Health Department
ZBA
l
BOARD O APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688.9530 HEALTH 688-9540 PLANNING 688-9535
Site Plan Review - Special Permit
1812 Turnpike Street
The Planning Board herein approves the Special Permit/Site Plan Review for the
construction of a 2-story clapboard and wood/metal frame 20,250 square foot office and
retail building located within the General Business Zoning District. This Special Permit
was requested by Jean Paul Proulx 1812 Turnpike Street North Andover, MA 01845.
This application was filed with the Planning Board on October 12, 2001. The applicant
subn-dtted a complete application which was noticed and reviewed in accordance with
Sections 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:
1. The specific site is an appropriate location for the project as it is located in the
General Business Zone and involves the construction of a permitted use within the
General Business Zone, The North Andover Zoning By-Law Section 4.131, allows
retail establishment and office use within the General Business Zoning District.
2, The use as developed will not adversely affect the neighborhood as a sufficient buffer
has been provided. The first 15 feet of the total setback abutting the residential
district shall remain open and green and suitably landscaped, this has been provided
along the fear lot line.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The
applicant has demonstrated that the curb radii for the entrance/egress driveways are
adequate.
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4
as amended by the Planning Board, of the North Andover Zoning Bylaw;
5. The site drainage system is designed in accordance with the Town Bylaw
requirements and has been reviewed and approved by the Outside Consulting
Engineer, Coler& Colantonio.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 8.3 of the Zoning Bylaw except for the waiver granted in Condition #21.
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use,
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
1
approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1. This approval is based on the fact that a restaurant will not be included in
the development. This restriction is required due to the fact that the parking
ratio is greater than that for office and retail. Presently, 10,000 SF of Retail
and 10,000 SF of office require 83 parking spaces, the proposed plan
provides parking for 83 spaces. If the development chooses to include a
restaurant(s), a site plan review special permit must be applied for from the
Planning Board.
2. The developer shall designate an independent Environmental Monitor who shall
be chosen in consultation with the Planning and Community Development Staff.
The Environmental Monitor must be available upon four (4) hours notice to
inspect the site with the Planning Board designated official,
3. The applicant shall designate an independent construction monitor who shall be
chosen in consultation with the Planning Department. The construction monitor
must be available upon four (4) hours' notice to inspect the site with the Planning
Board designated official. The construction monitor shall make weekly
inspections of the project and file monthly reports to the Planning Board
throughout the duration of the project. The monthly reports shall detail area of
non-compliance, if any, and actions taken to resolve these issues.
4. Prior to the endorsement of the plans by the Planning Board, the applicant
must comply with the following conditions:
a) The final plans 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 filing the decision
with the Town Clerk.
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 Board.
c) Deeds and easements relative to the project must be supplied to the
Planning Staff.
5. Prior to the start of construction:
a) During construction, the site roust be kept clean and swept regularly.
2
b) A construction schedule shall be submitted to the Planning Staff for the
purpose of tracking the construction and informing the public of
anticipated activities on the site.
c) The Town Planner must be contacted and review the site 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.
6. Prior to FORM U verification (Building Permit Issuance):
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.
c) The Planning Board recognizes that the applicant may want to construct the
building with the addition of columns and eaves as depicted on plans titled
Paul Proulx Retail/Office Building Elevations dated November 19, 1999 sheet
A-3.1 the Planning Board supports the addition of the columns and eaves. To
construct the additions the applicant must obtain a variance from the Zoning
Board of Appeals allowing a reduction to the 100-foot setback requirement.
A recorded copy of the Zoning Board of Appeals decision certifying the
variance has been granted must be provided to the Planning Department.
d) The applicant shall adhere to the following requirements of the North
Andover Fire Department and the North Andover Building Department:
1) All structures must contain a commercial fire sprinkler system. The
plans and hydraulic calculations for each commercial system shall be
submitted for review and approval by the North Andover Fire
Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
e) The applicant must supply a copy of the approved Massachusetts Highway
Department permits necessary for access and construction of the site to the
Planning Department.
7. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the
project stating that the building, signs, Iandscaping, lighting and site layout
substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board
3
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 Planning 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
shall provide security for the site and structures however it must not create
any glare or project any light onto adjacent residential properties.
c) 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
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.
8. 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.
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.
9. 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,
10. In an effort to reduce noise levels, the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or site. No mechanical devices (i.e. HVAC, vents,
etc..) which may be visible from any surrounding roadways shall be placed on the
roof.
4
11. The hours for construction shall be limited to between 7:00 a.m, and 5:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
12. 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.
13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
14. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies.
15. No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
16. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
17. 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. 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.
18. 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.
19. 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.
20. 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.
21. A waiver to Section 8.3.5.e.v of the North Andover Zoning Bylaw requiring
topography: contour intervals depicted at two (2') intervals is GRANTED due to
the fact that a one foot contour interval was chosen to properly illustrate the
drainage characteristics of a relatively flat site.
22. This Special Permit approval shall be deemed to have lapsed after December 20,
2003 (two years from, the date permit granted) unless substantial use or
5
construction has commenced. Substantial use or construction will be determined
by a majority vote of the Planning Board.
23. The following information shall be deemed part of the decision:
Plan Titled: Office/Retail Development
Prepared For: Jean P Proulx
1812 Turnpike Street, North Andover, MA 01845
Prepared By: Allen &Major Associates, Inc
100 Commerce Way
P.O. Box 2118
Woburn, MA 01889
Scale: 1"=20'
Date: 12/23/99 revised 1/07/00, 1/07/00, 8/09/00, 3/30/01, 11/13/01 &
12/04/01
Plan Titled: Paul Proulx Office/Retail Building
Prepared By: Mulvanny Architects
11820 Norhup Way, Bellevue, WA 98005
Scale: 1/8 1'-0"
Date: November 19, 1999
Report Titled: Drainage Calculations
Dated: October 12, 2001
Prepared For: Jean P. Proulx
1812 Turnpike Street
North Andover, MA 01845
Prepared By: Allen &Major Associates, Inc
100 Commerce Way
P.O. Box 2118
Woburn, MA 01888-0118
Report Titled: Fiscal and Community Lnpact Report
Prepared for: Paul Proulx
1812 Turnpike Street
North Andover, MA 01845
Prepared by: Elmer A Pease i
PD Associates, LLC Real Estate Consultants
1600 Candia Road Suite#7
Manchester, NH 03109
cc: Applicant
Engineer
File
6