HomeMy WebLinkAbout2007-08-08 Decision SPR Recorded Town. of North Andover u E iv ED F,r,
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Office of the Panning Department
Community Development and Services Di �b�
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,ray` apt North Andover, Massachusetts 01845 NORTH .kNG UVE R
HiASSACi US,E-T f IS
NOTICE OF DECISION
Any appeal shall be filed 10---18---2007 & 04 _ 08Q
within(20)days after the
date of filing this notice in
the office of the Town Clerk,
Date: August 8,2007
Date of Hearins(s): 2/6/07,615/07,7/17/07
Date of Decision: August 7,2007
Petition of: GFM General Contracting Corporation
325 North Main Street,No. 15B
Middleton,MA 01949
Premises Affected: 1812, 1920-1830 Turnpike Street, North Andover, MA 018450 within
the General Business Zoning District,Assessors Map 106D,Parcels 46
and 47.
Referring to the above petition for a Site Plan Special Permit from the requirements of the North
Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C_40A, Sec. 9
So as to allow: the construction of 38,430 s.f.+l- of retaiUoffce building, parking, utilities, site
lighting, landscape improvements, and other improvements within the General Business Zoning
District.
After a public hearing given on the above date, the Planning Board voted unanimously to
APPROVE A SITE PLAN REVIEW SPECIAL PERMIT based upon the following
conditions:
r "!4/�C
North Andover P g Board
Richard Nardella, Chairman
John Simons, Vice Chairman
Richard Rowen, regular member
Jennifer Kusek, regular member
Tim Seibert,alternate member
ATTEST,
This is to certify that twenty(zo)days A TrueB Copy
have elapsed from date of decision,filed
without filing of an appeal.
Date ap,` Town Clerk,
Joyce A.Bradshaw
'Gown ciork
Bk 10944 Pg 175 #30622
` 1812,1820-1830 Turnpike Street
Map 1061),Parcels 46 and 47
Site Plan Review Special Permit
August 7,2007 r,'77 f , f F
On August 7, 2007 upon a motion made by John Simons and seconded by iicha d Rowers,the Planning
Board herein APPROVED the Site Plan Review Special Permit for the of
retail/off building, 119 parking spaces, utilities, site lighting, extensive lan and gra ' g work and
other improvements shown on the "Plans" as defined below. The project inclu fVA%Freation of a
parking and driveway Easement located on 1812 Turnpike Street as shown IRsANMW 106D,
Parcel 47. The purpose of which is to create common driveway access locatedtgpft0*idisira k&wn as
1812 Turnpike Street, shown on Assessor's Map 106D,Parcel 47 which shall service both 1812 Turnpike
Street and 1820-1830 Turnpike Street in connection with the "project" as defined below. A recorded
maintenance agreement for the common driveway access shall be filed with the Registry of Deeds.
The project lies in the General Business Zoning District and is located on real property shown on the
North Andover Assessors Map 106D, Parcel 46 and 47 and consists of approximately 88,245 s.£ (2.026
acres) and 38,332 s.£+/- (88 acres) respectively with frontage on Turnpike Street and Berry Street_ The
Special Permit was requested by the Applicant, GFM General Contracting Corporation, 325 North Main
Street,No. 15B,Middleton,MA 01949.This application was filed with the Planning Board on January 4,
2007. The Applicant submitted a complete application which was noticed and reviewed in accordance
with Sections 83, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec.9.
The Applicant has filed with the Planning Board all-plans and reports required under the North Andover
Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the
North Andover Zoning Bylaws. During the review process, the Applicant and its professional consultants
also submitted various revisions to the plans along with various supplemental memoranda and
correspondence in response to requests by the Planning Board, the Board's peer review consultants, and
by the various departments within the Town of North Andover that reviewed the project. All of these
plans,reports and correspondence are contained in the Planning Board's files and are hereby incorporated
by reference into the public record for this hearing.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3,as well as Section 9 of M.G.L. c.40A:
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 permitted uses within this zone. Specifically the General Business
District permits both"retail stores and wholesale stores,as well as`restaurants,dining room or lunch
room". Presently,the site contains approximately 88,245 s.f of underutilized land area.The project
provides goods and services to compliment the surrounding uses,expands the economic base within,
the town,and improves the character and integrity of the abutting residential neighborhoods.
2) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been
provided. The landscaping and Iighting plans approved as part of this plan meet the requirements of
Section 8.4 as amended by the Planning Board,of the North Andover Zoning Bylaw. The lighting
plan consists of a combination of shielded downcast lighting and ornamental lighting that has been
arranged to provide adequate safety for the business and shall not impact abutting properties on
Turnpike Street and Berry Street. The landscaping has been placed so as to enhance the appearance
along the frontage of Turnpike Street,Berry Street and the commercial and residential abutting
properties. All plantings and screening depicted on the approved plans referenced herein shall remain
in perpetuity over the life of the project.
3) There will be no nuisance or serious hazard to vehicles or pedestrians.The proposed parking lot
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Bk 10944 Pg 176 #30622
` 1812,1820-1830 Turnpike Street
Map 106D,Parcels 46 and 47
Site Plan Review Special Permit
August 7,2007
design and access/egress drives provide for adequate internal and external traffic flow,safety,and
sufficient pedestrian connections throughout the project, and will not result in a significant increase in
vehicle trips from the site.
4) The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw. The Planning Board has determined that the site plan meets the spirit and
intent of Section 8.4 of the North Andover Zoning Bylaw.
5) The site drainage system and storm water management design are designed in accordance with the
Town Bylaw requirements and Best Management Practices, and has been reviewed by the outside
consulting engineer,Vanasse,Haugen Brustlin, Inc. (VHB).
6) The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan Review,
including all filing requirements as stated in Sections 8.3 and 10.31 of the Zoning Bylaw.
7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use,and
the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will
provide for municipal water,sewer and utilities on the property to adequately address the needs of the
project. The Colonial style of the building has been designed in a manner to blend into the existing
area architectural style and will complement the surrounding neighborhood.The storefronts and
office areas contain numerous pedestrian scaled elements that provide for improved visual and
physical access to the goods and services within the building.The project also contains a tasteful
lighting plan throughout the site to enhance the pedestrian feel of the project while maintaining
sufficient lighting.
8) Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requircramts as listed in Section 8.3 and 10.31 but requires conditions in order to be
fully in compliance. The Planning Board hereby 1zflanimously votes to both grant the requested
waivers as described in the Applicant's application,and also unanimously votes to grant approval of
the Applicant's proposed project as described in the`Tlans"and other supporting information
described in the public record,provided the following conditions are met:
SPECIAL CONDITIONS:
1) Permit Definitions:
a) The"Locus"refers to the 88,245 s.f.(2.026 acres)and 38.332 s.f.(.88 ages)respectively with
frontage on Turnpike Street and Berry Street as shown on the North Andover Assessors Map
1061),Parcel 46 and 47.
b) The"Plans"refer to the plans prepared by Eastern Land Survey Associates,Inc., 104 Lowell
Street,Peabody, MA 01960 dated October 21,2007,Revised 5/7/07, 5/30/07, 6/21/07, 7/9/07
entitled"Site Development Permit Plan For GFM General Contracting Corporation 1820—1830
Turnpike Street in North Andover,Massachusetts"consisting Sheets 1 through 7.
c) The"Project"or"1812, 1820-1830 Turnpike Street"refers to the construction a 38,430 s.f.
retail/off building, 119 parking spaces,utilities,site lighting,extensive landscape and grading
work and other improvements as shown on the Plans.
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' Bk 10944 Pg 177 #30622 �
1912,1920-1830 Turnpike Street
Map 106D,Parcels 46 and 47
Site Plan Review Special Permit
August 7,2007
d) The"Applicant"refers to GFM General Contracting Corporation,the applicant for the Special
Permit.
e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the Applicant,developer,and owner.
f) AU artificial lighting used to illuminate the parking lot and access ways shall have underground
wiring and shall be so arranged that all direct rays from such lighting falls substantially within the
parking, loading or driveway area,and shall be shielded or recessed so as not to shine upon
abutting properties.
2) Environmental Monitor: The developer shall designate an independent Environmental Monitor who
shall be chosen in consultation,with the Planning and Community Development Staff. The
Environmental Monitor roust be available upon four(4)hours notice to inspect the site with the
Planning Board designated official. The Environmental Monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products if applicable.
3) Construction Monitor: 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 areas of non-
compliance and actions taken to resolve such issues.The designated monitor may not be applicant
and/or developer. The weekly inspections and monthly reports provided to the Planning Department
shall include the following:
a) Site clearing;
b) Erosion control;
c) Drainage and detention structures;
d) On-site water and sewer utilities;
e) Parking spaces and related pavement;
f) Curb cuts;
g) Retaining walls;
h) Site screening,landscaping and street trees;
i) Site restoration;
j) Final site cleanup;
k) Dumpsters shown on the Plans shall be screened at all times; and
1) Temporary storage of construction debris,dirt,and equipment.
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 Planning Department and be
endorsed by the Planning Board. The final Plans shall be modified to include a Planning Board
endorsement block and must be submitted for review within ninety (90) days of filing the
decision with the Town Clerk. Failure to submit and obtain Planning Board endorsement within
the 90-day period will automatically cause the approval to become null and void.
b) The final site drainage system must be designed in accordance with the Town Bylaw
requirements and reviewed by the Division of Public Works. AU storm water drainage control
4
Bk 10944 Pg 178 #30622
1912,18,20-1830 Turnpike Street
Map 106D,Parcels 46 and 47
Site Plan Review Special Permit
August 7,2007
facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations
which support the design of the control facilities shown on the plan shall be submitted to the
Department of Public Works for review and approval. Written confirmation of said review and
approval by the Department of Public Works must be submitted to the Planning Department.
c) A bond in the amount of fifteen thousand($15,000)dollars must be posted for the purpose of
insuring that a final as-built plan showing the location of alI 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.
d) All site plan application and escrow fees must be paid in full and verified by the Town Planner.
5) PRIOR TO THE START OF CONSTRUCTION:
a) 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.
b) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
c) It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public 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 malting a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
d) A pre-construction meeting = be held with the developer, their construction employees,
Planning Department, Building Department, Conservation Department, Town Engineer, and
Police Department to discuss scheduling of inspections, the construction schedule, and the
process/method of informing the public of the anticipated activities an the site. The applicant will
also discuss the traffic mitigation and any possible mad closures, which may occur as a result of
the construction. The applicant will coordinate with the North Andover Police Department if the
construction of the project necessitates Police traffic details. Minutes of the meeting must be
submitted to the Planning Board prior to the start of construction.
e) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all other North Andover band-Use Boards or departments. In addition to receipt of
these plans, the Applicant shall supply the Town Planner with a letter Outlining any and all
revisions resulting from said permits, plans and decisions received from other town boards,
commissions and departments that differ from the approved plans referenced in Codition 24.
6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning Department.
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Bk 10944 Pg 179 #30622 �
~ 1812,1920-1830 Turnpike Street
Map 106D,Parcels 46 and 47
Site Plan Review Special Permit
August 7,2007
c) The project owner 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.
7) DURING CONSTRUCTION:
a) During construction,the site must be kept clean and swept regularly throughout the construction
process. Dust mitigation,dewatering and roadway cleaning must be performed weekly,or more
frequently as dictated by site and weather conditions and as directed by the Town Planner.
b) The plans for the stockpiling of materials(dirt,wood, construction material,etc.)must be shown
on a plan and reviewed and approved by the Town Planner. The developer will make every effort
to locate stockpiles on the site and away from residential properties. Any approved piles must
remain covered at all times to minimize potential dust and the project owner will be required to
install appropriate erosion control measures.
c) Iu an effort to reduce noise levels,the developer shall keep in optimum working order,through
regular maintenance,any and all equipment that will emanate sounds from the structures or site.
d) The Town Planner will perform monthly inspections of the site during construction to ensure that
the developer is adhering to the conditions set forth in the decision.
8) PRIOR TO TEE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) The Applicant must submit a letter from the architect and engineer of the project stating that the
building,landscaping,lighting and site layout substantially comply with the plans referenced at the
end of this decision as endorsed by the Planning Board. Alternatively,the Applicant and/or property
owner may provide a bond,determined by the Planning Board,to cover the full amount of the
landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to the use of the parking area.
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 lighting plan. Any changes to the approved lighting plan as
may be reasonably required by the Planning Staff shall be made at the owner's expense.The
Applicant must submit a letter from the architect and engineer of the project stating that the building,
signs,landscaping,lighting and site layout substantially comply with the Plans referenced at the end
of this decision as endorsed by the Planning Board. 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
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Bk 10944 Pg 180 #30622
1912,1920-1830 Turnpike Street
Map 106D,Parcels 46 and 47
Site Plan Review Special Permit
August 7,2007
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.
d) Any and all sigaage plans for the site,which have been provided to the Planning Board during the
site plan review process,were presented for the purpose of demonstrating signage materials only.
Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the
Town of North Andover Zoning Bylaw,as amended,and must be approved by the Building
Department. In no way is the Project Owner 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. All additional permits must be obtained by the Project Owner prior to construction.
9) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner'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 structures and facilities must be submitted to the Planning
Department.The Applicant must submit a letter from the architect and engineer of the project stating
said items substantially comply with the plans referenced at the end of this decision as endorsed by
the Planning Board.
11)All site work and external construction activity shall be limited to between 7:00 am.and 7:00 p.m,
Monday through Friday and between 8.00 am. and 5:00 pm.on Saturday.
12)Any plants,trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die shall be replaced immediately by the owner(if seasonally feasible). All plantings
and screening depicted on the approved plans shall remain in perpetuity over the life of the project.
Reasonable substitutions may be allowed as determined by the Town Planner,but size and coverage
must be maintained throughout the duration of the project.
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)The use of permanent or temporary trailers for storage of goods and products associated with the
operations of any business within the project area is prohibited.
17)No underground fuel storage shall be installed except as may be allowed by Town Regulations.
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.
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Bk 10944 Pg 181 #30622
1812,1920-1830 Turnpike Street
Map 106D,Parcels 46 and 47
Site Plan Review Special Permit
August 7,2007
19) Snow removal may be stored on the designated storages areas shown on said plans referenced below
to the extent possible,but shall be trucked off site whenever snow exceeds onsite storage capacity.
20)Tenants shall use diligent efforts to retrieve shopping carts from the common areas and return them to
the designated areas specified by the owner. Project Owner will ensure that best efforts shall be made
by all tenants to prevent the use of its shopping carts in the center from interfering with the use of the
parking lot. Present and scheduled removal must be complied with in order alleviate safety concerns.
21) Truck deliveries for goods and merchandise shall occur only between the hours of 6 am.and 11 p.m.
seven days a week.Trash pickup from the dumpster shall be limited to between the hours of 7:00 am
to 9 pm.,seven days a week. The dumpster and dumpster enclosure shall remain closed except when
trash deposit,removal and pickup operations are being conducted.
22)The Planning Board requires that the project be built in accordance with the herein referenced plans
and specifications and in foil accordance with the design elements and features displayed and
discussed during the Public Hearings and in strict accordance with all conditions contained herein.
Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of
the Zoning Bylaw.If the Town Planner in hislher sole discretion deems these revisions to be
substantial as defined in Section 8.3.8,the applicant must submit revised plans to the Planning Board
for approval.
23)This Special Permit approval shall be deemed to have lapsed alter August 7,2009 (two years from
the date permit granted)unless substantial use or construction has commenced. Substantial use or
construction will be determined by a majority vote of the Planning Board.
24)The following information shall be deemed part of the decision:
a)Plans titled: Site Development Permit Plan
For GFM General Contracting Corporation
1820- 1830 Turnpike Street in
North Andover,Massachusetts
Prepared For: GFM General Contracting Corporation
325 N.Main Street,#15B
Middleton,MA 01949
Prepared by. Eastern Land Survey Associates,Inc.
104 Lowell Street
Peabody,MA 01960
Scale: 1'=20'
Plan Date: October 21,2007,Revised 5/7/07,5/30/07,6/21/07,7/9/07
Sheets: 1 through 7
b)Plans titled: Site Development Permit Plan
For GFM General Contracting Corporation
1820- 1830 Turnpike Street in
North Andover,Massachusetts
Prepared For: GFM General Contracting Corporation
325 N. Main Street,#15B
Middleton,MA 01949
Prepared by: Bay State Design Associates
8
Bk 10944 Pg 182 #30622
1812,1820-1330 Turnpike Street
Map 106D,Parcels 46 and 47
Site Plan Review Special Permit
August 7,2007
70 Tower Office Park
Woburn,MA 01801
Scale: 1"=20)
Plan Date: 719/07
Sheets: T001,A200—A204,A401-A403
c)Plans titled: Landscape&Lighting Plan
1820—1830 Turnpike Street
North Andover,Massachusetts
Prepared For. GFM General Contracting Corporation
325 N.Main Street,#1513
Middleton,MA 01949
Prepared by: Huntress Associatcs,Inc.
17 Tewksbury Street
Andover,MA 01810
Scale: 1"=40'
Plan Date: May 23,2007,Revised 6/12/07,6/21/07, 7/10/07
Sheets; 2
d)Report titled: Traffic Impact&Access Study
Proposed Commercial Development Project
North Andover,Massachusetts
Prepared For: GFM General Contracting Corporation
325 N.Main Street,#1513
Middleton.,MA 01949
Prepared by: Dermot J.Kelly Associates Inc.
280 Main Street, Suite 204
North Reading,MA 01864
Date: November 16,2006,Revised 5/10/07.
e)Report titled: Stormwater Management Report
1820-1830 Turnpike Street
North Andover,MA
Prepared For: GFM General Contracting Corporation
325 N.Main Street,#15B
Middleton,MA 01949
Prepared by: Eastern Land Survey Associates,Inc.
104 Lowell Street
Peabody,MA 01960
Date: October 2006,Revised May 2007
APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of this
Decision by bringing an action within twenty(20)days after the Decision has been filed in the Office
of the Town Clerk pursuant to Section 17 of Mass.Gen.Laws Chapter 40A.
cc: Applicant
Building Department
9
Bk 10944 Pg 183 #30622
• 1812,I820-1830 Turnpike Street
Map 106D,Parcels 46 and 47
Site Plan Review Special Permit
August 7,2007 t�'ti•. � ,�,, .' .: j t;
Conservation Department
Fire Departmenta��
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