HomeMy WebLinkAbout2006-06-22 SPR Decision PG188
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Town Pl4noer North Andover,Mss"c9ii Qts 0184MORTH ANDOVE
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his to
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Autry appeal mall be filed
within(20)days after the
date of this Notice
in the Office oftbe Town Cletk.
D40: 7Ue 22,2006
DWe of IMr : Aby 30,200b,Jmee 20,2006
A%Mm date: Yum 20,2006 r»a
Petgtiort of. Stephen Sncnl* s .
762 ride Street North Andover,ivtA Qhli4S
Prmim Atredw: 425 Waveriy-fWd,North Andover,MA 0184,5 � �
14ap22,P 1130 T� >
`•Z'� 9P
Ong to the above po#itian with provision oflVx.01. C un
Section$.3, 10,31,ofthe North AndoVerZ hKpter 40A, Section 9, 11, & cr9
S*w far a Site Pian RevteW Spteir+i
FarrWt so our to allow:liar Ow construction of a 4 unit 8,000,sq. ft. residential brdlding
with 1111304'`Wed twO-M g8.1 900, and moci4W site improv nlents and fin*ad grading
work and lan*ping, lowed within ft R 4 Z*ning]DisttictF
Si a pubis hearrntg$lven on the above date, the Planning Board voted to,A►>{'xoVZ�t
Site review Special Permit,upon a motion rnacie:by Alberto Angles,2W by Jack .�
GVM with language as aufnded,vote was dos 4.0, ..�
Signed�� ..,.
cc: Applicant
I.incollr Daley, Town
Richard Nardek Chimm
Jahn Simons, vice Chair
Town Dqurtfixos Alberto Angles
Jack G A`t'T1v� T,
A True Copy
dO
BOARD OF APPEALS 680-9$41 SUILDtNa a83-gs4s CONSERVATION 689,9530 HIIALTH O.48.9540 PLANNTk(Yj58q.#
Pa���
G3
' ., Shphea�St�Isk
42$Wisvedey Rawk Map 22 Parcel 13o
Site Plan sp"iql parmit
The Plarttsing 804l hen approves the Site Plan Special p4mit to Construd 4-unit,8,000
. Msiftnntlal building with associatod two-car gams limit e�l grading work andlandscaping,u �
The residential building is located on 425 Wavearle Road,
Residential 4(R4)Zoning13istdct. The y Ass�r's Nlup 22, Parcel 13 to the
e parcel is cotrtpriscd of approximately 262000 sq, ft.with
frontage on Wavartey Road, This Special Pc mit w8S
Strect,North Andover,MA a1845. The application was ed with the p, ��ard'7b2 Dale2006, The applicant submitted a col nplete applxratipn,which was notie:�d Ltd reviewedo May 8,
accordance with Section 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and
MOL C.40A,, See. 9.
The Planning Board makes the following fbidings as required by the North Andover Zo `
Bylaws Section 8.3 and 10.3: �S
FINDINGS OF FACT:
1) The specific site is 44 apptOpeiate location for the pmlmSd 4-unit residential building, as the
propose]will&Uuticslly improve the quality and appearance of the dilapidatod p xisting
structure on the property.
2) The proposal will be constructer in the same location of the pro existing building utilizing a
larger footprint. The new shuchn will remedy many of the sa g
problems involving the Prt-aeaxiating building, Further, the em u sand Structural
dwelling units on the props*from S units to 4 units. ces the nura�ber of
3) The use: as pr+eposed will not adversely affect the neighborhood as a suffciant buffer and
landscaping been provided along they perimeter of the site. 'MO landsaupi�ng has been
placW so as to enhance the appe ce along the: frontage Of Waverley Road and the abbuttit�g
Properties. All plantings and $croning dopicted on the approved plans referenced heroin
shall remain in perpetuity over the life of the project.
4) Theme wilt be no nuisance or serious hazard to vehicles or pedestriians. The ro
itnp raves Pedestrian safety and vehicular circulation within the site, ,,a number of v Male
tri S fmm this site will be negligible. CivOn the scope and size: of the:p%jeer, them will be
no signi xc�wt increase in the amount of txa fie enteringgeaving the site on to Waverlpy Rand.
5) The landscaping approved as part of this plan meets theamendedby they Planning Hearst, of theNorth Andover Zoning Bylaw,t The pe'pl as
an
enhances the appearance of the proporty and improves the overall chu racter of the area.
6) The appiicant has met the requimmeynts of the Town for Site Plan Review as Stated in Section
8.3 of the Zoning Bylaw;
7) Adequate and appropriate faeilitie$ will be provided for the o
serviced use. The new 4-unit rasidential building will be by to 4CW d of the Proposod
8) On November 12, 2002, the ZBA, granted a Special Permit for relief from Section 4,
Page 2 of a
Stephen Smolak
42S Wsvertry Read,Map 22 p=W 134
Site flan Spmol peradt
Paragmph 4,122(14) and Toble I to allow fo.r the structure to W used as a four fancily
dwelling unit.
9) Ott March 9, 20041 the Board grantc;d a Special Permit from Section 9, Paragmphs 9.1 and
9.2, and Section 4, Pamgmph 4.122 of the,Zoning Bylaw in order to extend the footprint of
the proviously granted Special Permit:for a.4-unit sftctm with;the following conditions.
10)On Septarnlier 21, 2044, the board granted a Special Permit to modify the approved Special
Permit(319/04)to allow the existing structure on the site to bo razed and replaced,ur the same
footprint with a new two-unit structure and previously approved attached 2-unit structure,
Finally the Planning Board finds that this project gonerally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Seotion 8.35,but requires conditions in order to
be WY in compliatt�, The Plaunixtg Boar�d hereby lets an appr�aval to the appliratit provided
the fallowing conditions are inot:
SPEC UL CONDITIONS:
Px i 'o
i) The"Locus"refers to the 26,000 sq. ft.parcel of land with lend$ont ng on'Waverley as
shown on.Assessors Map 22,'Lot 130, and also known as 425 Waverrley Road,North
Andover, Massachusetts.
ii) 'floe"Plans"refer to the plans prepat'erl by Chtisti4nm& Sergi, 160 Summer Street,
Haverhill,MA 01$30 dated 11/17/04,Revised 3/21/0$, $110105,618106,entitled 'Site
Plan heated in berth Andover Prepared For Stephen Snwlak forth Andover,MA
01845"Charles Hope Co., LLP,370-Craat Pond Road,North Andover, Massachusetts
01845"aW consisting of sluts i through 9.
iii) The"Project"or 11425 Waverley Road"refers to the construction of a 8,000 a.f.,4-unit
residential building, 8 parking spaces, limited gmding work and landscaping.
iv) The"Applicant"prefers to Stephen Swolpk, the applicant for the Special Permit.
v) The"Project Uw1tt e'rofers to the person or entity holding the feat interest to the title to
the Locus ff0m titre to tune,which+can include but is not lin)ited to the applicant,
developer,and owner.
1) The developer shall designate an independent Envimnmentai Monitor who shall be chosen in
consultation with the Planning and Community Development Staff. The Environmental
Monitor must be available upon four (4) how notice to inspect the site with the Planning
Board designated official.
2) The applicant shall designate an independent construction Monitor who SW be chosen in
corr$ultation with the Planning apartment, The construction rrtanitoi Must bo available
upon four (4) hours notice to inspect the site with the Planning Board desigrratod official.
Wage 3 of a
425 Wawerley flogs,Mnp 22 pore*,130
site pin Special Permit
The construction monitor shall nwke weekly inspections of the pm'ed and file
a rnanthly �
reports to the Planning Board throughout the duration of the project. The monthly rtPorta
shall detail am of non-compliance, if any,atkd actions taken to resolve these issues.
3) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD,
THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
A) 11W fined plans must be reviewed od approved by the DPW and the Planning
Department and be endorsed by the Planning Board, The fiW plans must be submitted
for review within ninety(90)days of filing the decision with the Town Cleric.
. 1
B) The final site drainage system must be designed in accordance with the Town Bylaw
requirmuents and reviewed by the Division Of Public 'Works. All storm water drwna
control facilities utilized by the site shall be shown on the site plan. Storm water drainage
calCulatidrs which support the design of the conftul facilities shown the plan shall be
submitted to the Department of Public Works for review and approval. Written
cOnfirmation of said review and approval by the
submitted to the P14nniing Departmectt, �etat of public Works must be
d) PRIOR TO THE START OF CONSTRUCTION
A) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the cnnss#taotion Md i4f0rm14 the public of antleipated activities on the site.
B) All applicable erosion control measures must be in Platy and reviewed and approved by
the Planning Depprtmont,
C) It shall be the rOSpansibility of the developer to assure that no erosion on the sits shwl
occur which will cause deposition of soil or sedimmit upon adjacent properties public
ways, except as normally ancillary to off-situ sewer or other off or
or pu
site ronshvctxon. Off
blic
site erosion will be a basis for the Planning ward male q a findin g that the project is not
in compliance with the plan, provided, however, that the plaW. Board shad give the
devolo�per written Rodeo of any such finding and ton days to said condition.
A) Yellow "caution" tape must be placed along the limit of clearin and
on the plan, The PlanWng Department must be contacted S ern$as sltawrr
clearing on site. pe>`r #o any cutting and or
A pre'conshuction meeting muot be held with the developer, their construction
employees and Planning Department to discuss sahoduling of inspections and inspections
to be conducted on the project.
F) The developer shall provide the Planning Hoard with copies of permits, plans and
decisions received from all North Andover 1Lwd.Use Bos€tdr;,
Pop 4 of 8
i
b t St"htu Sronolek PG 19
425 Weverrley Road,Msp 22 Parrtel 139
Site Man Speelel Permit
1
O) A site opening/erosion control bond shall be in the.total amount of tivd thousand doUarrs
(S 080) for the purpose of covering suly contingencies that might affect the public
welfare such as site opening, clearing, erosion, control and performance of any other
condition contained heroin, The Guarantee=shall be in the fornt of a bond acceptable to
the Town and made payable to the Town of North AxWover ewow ac unt.
CID
H) A bond in the amount of Ovt thousand dollars $5(}0p,
( , OU) shall be post for for the
purpose of insuring that a final as plan showing the location of all on-site structures.
The bond is also in place to insure that t1le Site is constructed in aaoordatrce with the
approved plan. This bond shall be in the form of a chock made out to the Town of North
Andover. This check will them be deposited unto an intemt bearing oscrow account.
5) PRIOR TO THE ISSUANCE OF A BUILBIN+G PERMIT
A) Thm (3) copies of the signori, recorded plans xtaust be delivered to the Planning
�partmant.
B) One cortifled ropy of the recorded decision must be .submitted to the Planning
Department.
C) The applicant shall adhem to the fallowing requirements of the North Andover Fire
Depwiment and the North Andover Building Department:
1. All structures must contain 4 con=errcial fire sprinklersystem. The plans and
hydraulic caloulatiorns for e'pch comr mlcial System shall be submitted for review
and approval by the North Andover Fire Department. Plans and hydraulic
calculations for awh corrunercial system Must also be applied to the Building
Department.
6)WRING CONSTRUCTION
A) .Dust wit*00n .must be perrfomed weekly, or more
Planner, throughout the construction process. as as directed by the Town
B) Any stockpiling of materials (dirt, wood, construction material, etc.)must be shown on a
plan and re'iewed and approved by the Planrri;ng StafE Any approved piles must remain
ccnvaW at all tunes and fenOW Off to minimize any dust probloms that may occur with
4acent Praperfiies,
C) In an effort to reduce noise levels, the devel4
throe ' Shall keep in opti>rnurn working order,
gh regulars rrYaintenance,
structures or site. any and all cquipmont that shall emanate sounds fromthe
7) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUpANCV
A) The building must have any and all fire sprinklers installed in aacortdmoc with the
Massachusetts General ,haws Chapter 148 Section Zb.
Page S of a
I
Stephens SMtah 10290 PG 193
425,Waverley Road,Map 32 parcel 130 MKI
site P140 Speciol Permit
j
1
i
B) The applicant must submit a letter from the architect and engineer of the project stating fhat the buildi3ng, landscaping lighting and Bite layout substarudally comply with the plans
referenced at the end of this dodsion as wWorsW bytlue PlmWng ward. Altanaatively, the
applicant and/or lsrrrpe y owner may p"ovidO a bc}rtd,detemdned by the Planning Board, to
ever the full amount of the 14'ndsoaping Mates and 1"tallati00 if weather conditions do
not p it the completion of the land."inilprior to anticipated occupancy.
C) The Plartm"ng Staff shall approve all artificial lighting used to illuminate the site. All
l At'ng Shalt have und0r9round wining and shall be so ~ '=gad 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 alto, An 0ha0808 to the approved lighting plan as may be r&asonta requir vi by the Planning
Staff shall be made at the owner's expMlse.
D) The commercial fire sprinkler systems must be installed in accordance with referenced
standard NFPA. 13D and in accordance with 780
Stag Building Cott®. Certification that the ' Chapter 9 of the Massaohusett�
accordance with the above referenced rVd ions roust be have pro installed pro lyin
Andover Fire Department and the North Andover Build Provided from both the North
The applicant netts# then provide this certification t the North Andover applicant.
Department, ng
9) PRIOR.TO THE FINAL RELEASE OF ALL SECf7Tti M AND ESCROWED RMS
A) The Planning Stuff shall rcvicw the site. Any scroWng as may be reasprzably re uiced b
the Planning Staffv�►iii be added at the Project Owner's expense. Y
H) A Its as-built plan showing final topggmphy. the location of ali on* site utilifi
structures, curb cuts, P4' Spacces and drainage facilities must be submitted to the
PluwiOg Department.
9)GXNERAL CONDMONS
A) Ann plants, trees or shrubs that have been inco
in this deaisiotr that die must be lacod bY the rporm�ted into tl►e Landscape Plan approved
Project owner in peqxjurty,
B) Snow removal may be stored on the desigtrated stomgos areas shown on said plans
referenced below to the extent possible, but shall be fmcked off site wh excccds onsite storage capacity, enever snow
C} The contractor shall contact big SO& at least 72 hours prior to con'tmenob Sn
excavation. � y
D) Gas, Telephone' Cable and Electric utilities shad be installed underground as specified b the respective utiUty companies. Y
i
Paso a of a
425 WAverley Road,Mop 22 Parcel 13e j
Site Pin Spedal plt
i
E) The hours for oartstrucdQA shall be limited to between 7:
through Friday and between 8:00 a.m. and 5:00 p,tn, an Satuaday.00 am. and 5:Q0 P.m. Mon
F) No open burning WWI be done,except as is permitted during buming smon under the Firs
Department regulations.
C) No undeWound fuel sage shall be installed except as may be Mowed by Town
Regulations.
The provisions Of this conditional, approval shall aAp1Y to and be bind' upon t
applicant, its emPloyC"and all successors and assi " p" he
g ill ixttet or central.
1) Any actions by a Town Board, Commission, or Department, whioh requires ohan ev in the
ntg 1:3a
plan or design of the building, as pmsented to the PImniard, may be �subject to
modification by the Plaming ward.
J) Any revisions shall be submitted to the Town Planner for review. If these revisions arc
deemed substantial, the developer must subuxit revis
approval. ed plans to the Planning Boat for
K) This Special Permit ePproval shull,be deemed to have la
2 grantiarg of this spy p � ea:clusxve of the t MW two years after the May 30,
determto Pumue or 4wait
ination of any appeals, unit substantial use or construction has vomm►need
Within said two Year PoTiod or for good cause. FOr
developer aball be deemed to bavo undat4en substantial,l force � enf the
developer has begun ronovation of the existing slM,,ares.
L) This Site Plan Roview Special Permit approval is bwed upon the follow in ityfarmati
which is incorporated into this decision by reface: S on
1) Plan titled: Site Pamait Plan 10-Atod in
Nnrtla Andover,Massoehumts
Prepared for: Stephen Swolak
762 Dale Stet
North Andover,MA 0184.5
Prparod by, CltriWanscry&Sergi
160 Siam Stxeet
klav WIL MA 01830
Scale: 1"-40'
Date: 10105103, Revised 09/24/04
Slreeta: Sh"t 1 of 1 Site flan.elated 11/17104,Revised W06,Sheets 1--.q
2) Ropott toted. Drainage Analyse for
425 Waverly Road in North Andoven maschuac�ttts Pmld for: Stephen Srtwlak
762 Male Street
i'
Page 7of8
r Stephou Sniot4k �'a cx° °off
425 Waverley Road,Map 22 Panel 130
Site Flo"SP Cld perAdt
North Ambver,MA O1845
Pmp "d by: ChrWmim&Sagi
160 Summer Strut
Haverbil,MA 01.830
Scale: 1",�40'
Date: 10/05/03,Revised 09/24/04
Sheets: Shed I of 1 Site Plan dated 11/17/04,Remised 6/8/06, 1 9
c : Dirmtor of Public Works
Building Inspector
Town Manager
Con vatio8 AdAWnis or
Drainage Cots Wtant
Planning Hoard
Police Chief
Fire{;Nef
Applicant
l3nglrteer
File
Wn
rn
-imb
Page 8of6
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