HomeMy WebLinkAbout2007-08-08 Application Common Driveway ' I
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Town of North Andover
aF�;�oTM r�yo Office of the Planning Department
Community Development and Services Division
1600 Osgood Street Iv E.n
North Andover,Massachusetts 01845
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Lincoln Daley P 978-6W9535
Town Planner F 978-688-9542
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Town of North Andover Planning Board
Wpllcal on for orimmun'Dr�v ;y pec=al '�rmrt
1. Petitioner: GFM General Contracting Corp.
Address: 325 North Main Street No. 15B Middleton MA 01949
Telephone Number; 617 877-9963
2. Owners of the Land: dean Paul R. Prouix
Address: 1812 Turn ike Street North Andover MA 01845
Telephone Number:`
Number of years ownership: 47 Years
If applicant is not the owner,please state interest in property: Applicant has entered into a
Purchase Agreement with the Owner.
3, Year lot was created: 1958
4. Description of Proposed Project: The Applicant,GFM General Contracting Corp_,pro osp es to
construct a common driveway servicing both 1812 Turnpike Street,as well as 1820-1830
Turnpike Street in connection with a proposed retail/office building to be constructed at 1820-
1830 Turnpike Street.
5. Description of Premises: The premises„known as 1820-1830 Turnpike Street is 2.026 acres in
size and is located between TM pike Street Route 114 and B eLTy Street and is designated on the
Town Assessor's Maps as Map 106D Lot 46 and the common driveway will be located on the
remises known as 1812 Turnpike Street shown on the Town Assessor's Ma s as Map 106D Lot
47,
6. Address of Property Affected: 1812 1820-1830 Turnpike Street Route 114
Zoning District: General Business GB
Assessors: Map: 106D Lot# 46 and 47
Registry of Deeds: Book#:902 Page# 119
7. Existing Lot: (VACANT)
Lot Area (Sq. Ft): 88,245 Building Height: . N/A
Street Frontage: 38385 Side Setbacks: N/A
Front Setback: N/A Rear Setback: N/A
Floor Area Ratio: N/A Lot Coverage: NIA
S. Proposed Lot(if applicable):
Lot Area (Sq. Ft): 88,245 Building Height:
Street Frontage: 383.85 Side Setbacks: 95
Front Setback: t06,00 Rear Setback: 51
Floor Area Ratio: N/A Lot Coverage: 12.9 %
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9. Required Lot(as required by Zoning Bylaw);
Lot Area(Sq.Ft.): 25,000 Building Height: 45
Street Frontage: 125.0 Side Setback: 25 (1)
Front Setback: 100.00 Rear Setback: 35_(1)
Floor Area Ratio: NIA Lot Coverage: 35.00%
(1) Setback may be required to be increased by 15 feet where locus is
deteinined to abut a residential zone.
10. Existing Building(if applicable):NIA
Ground Floor(Sq.Ft.) #of Floors
Total Sq. Ft.; Height:
Use: Type of Construction:
11. Proposed Building:
Ground Floor(Sq.Ft.) 9,639 #of Floors 2
Total Sq. Ft.; 38.430 Height: 44.5 0,
Use: Commercial_(Office/Retail) Type of Construction: Wood Frame
12. Has there been a previous application for a Special Permit from the Planning Board on these
Premises?Yes.. 1f so,when and for what type of construction?The site received a Site Plan
Special PermiLby Decision dated December 20 2001 for the construction of a 2-star
clapboard and wood/metal frame office/retail building.Such approval has erred and was
not used.
13. Section of Zoning Bylaw that Special Permit Is being Requested:
Sections 2.30.1 & 10.3 of the North Andover Zoning Bylaw seeking a Common Driveway Special
Permit to provide common access on premises known as 1812 Turnpike Street and 1820-1830
Turnpike Street in connection with a retail/office building to be located at 1820-1,830 Turnpike
Street.
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14. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the
responsibility of the petitioner to fumish all supporting documentation with this application. The
dated copy of this application received by the Town Clerk or Planning Office does not absolve the
applicant from this responsibility. The petitioner shall be responsible for all expenses for filing
and legal notification. Failure to comply with application requirements,as cited herein and in the
Planning Board Mules and Regulations may result in a dismissal by the Planning Board of this
application as incomplete.
GFM General Contracting Corp.
By'ts attor s,Smolak&Vaughan LLP
Petitioner's Signature:
Print or type name here: ino Fodera President
*,lean Paul R. Proulx, by the Applicant,GFM General Contracting Corp.pursuant to
Owner letter of Authorizatio , By Ap ' ant's attorneys,Smolak&Vaughan LLP
Owner's Signature:*
Print or type name here:J4 au[R. Prou r.
15. Please list title of plans and documents you will be attaching to this application.
See attached,
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TOWN OF NORTH ANDOVER PLANNING BOARD
APPLICANT: GFM GENERAL CONTRACTING CORP.
OWNER; JEAN PAUL R. PROULX
PROPERTY: ASSESSOR MAP 106.1) PARCELS 46 and 47
18129 1820-1830 TURNPIKE STREET, NORTH ANDOVER
MEMORANDUM IN SUPPORT OF APPLICATION FOR SITE PLAN REVIEW
SPECIAL PERMIT
(Sections 2.301 and 10.3 of North Andover Zoning Bylaw)
I. INTRODUCTION
GPM General Contracting Corp. is the applicant(the"Applicant') seeking a Common
Driveway Special Permit in connection with a proposed retail/office building"Project" as
further described below. Specifically,the Applicant is the prospective purchaser of certain real
property consisting of 2.026 acres (88,245 s.f.),known and numbered as 1820-1830 Turnpike
Street,located between Turnpike Street(Route 114) and Berry Street and is designated on the
Town Assessor's Maps as Map 106D,Lot 46,along with a certain rights with respect to a
portion of said adjacent lot,known and numbered as 1812 Turnpike Street, shown on the Town
Assessor's Maps as Map 106D,Lot 47 over which the Applicant has obtained easement rights to
the west of the building site (also owned by the Owner) to construct a common driveway,
parking,landscaping and other improvements as shown on the Site Plans attached hereto as
Exhibit A(the "Property"). The Property is owned by jean Paul R. Proulx (the"Owner"). The
Owner acquired the Property by deed from Ernest J. Morin, dated September 23, 1959 as
recorded at Book 902,Page 119 of the Essex County North District Registry of Deeds. The
Property is located in the General Business ("GB") Zoning District,where the proposed use of
the Property as a mixed commercial use (retail/office)is permitted by right,subject to site plan
review.
II. PROPOSED PROJECT
As a result of the Planning Board's last hearing on the pending Site Plan Approval
Special Permit Hearing held on June 5, 2007,the Applicant,GFM General Contracting Corp.,
proposes to construct a common driveway servicing both 1812 Turnpike Street,as well as 1820-
1830 Turnpike Street where the following project would include:
(a) the construction of a two-story traditional style commercial office and retail
building, including;
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(i)first floor retail use;
(ii) second floor office space,along with storage space available in the attic above
the second floor; and,
(iii) garage under parking.
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Common Driveway Special Permit Memorandum -- Planning Board
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(b) the construction of a total of 119 parking spaces, along with Colonial-style
lighting as shown on the Landscaping Plan attached hereto;
(c) the construction of a main site access drive to be located on Route 114,with two (2)
secondary drives located along Berry Street; and,
(d) a common driveway located on 1812 Turnpike Street to be used by both the
Applicant and the Owner of 1812 Turnpike Street.
Collectively, the proposed improvements as described above and as shown on Exhibit A
shall be referred to as the Project.
III, REQUIRED RELIEF
Based upon the June 5, 2007 Planning Board Hearing,as well as subsequent discussions
with the Town Planner, the Applicant has determined that a Common Driveway Special Permit
will be required to be issued by the Planning Board in accordance with Sections 2.30.1 and 10.3
of the Zoning Bylaw of the Town of North Andover,as most recently amended in June,2007
(the"Zoning Bylaw").
IV. COMMON DRIVWAY SPECIAL PERMIT CRITERIA
Section 2,30.1 and Section 10,31 of the Zoning Bylaw list the criteria by which the
Planning Board will evaluate the Project as part of its site plan review special permit process. A
description of these criteria, and how the Project meets such criteria,are described as follows:
Specifically,Section 2.30.1 of the Zoning Bylaw provides that"[e]ach driveway shall
service no more than one lot. Subject to the granting of a Special Permit from the Planning
Board, a driveway may be shared by not more than two (2) lots. Each such shared driveway
must be regulated by a recorded maintenance agreement running in perpetuity with the land.
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The Applicant agrees to be governed by a recorded.maintenance agreement for the
common driveway,and shall submit a proposed form of agreement for the Planning Board's
review and approval. The 2 lots to be served by the common driveway are both 1812 Turnpike
Street,as well as 1820-1830 Turnpike Street. The Project also meets the following criteria, as set
forth in the Common Driveway Special Permit application requirements:
1. The project will encourage the most appropriate use of the land since the project is
allowed by right in the General Business Zoning District, subject to the grant of both a
Common Driveway and Site Plan Review Special Permit.
2. The Project will not overcrowd the land as the lot coverage is much less than otherwise
allowed under the Zoning Bylaw.
3. The value of the land will be conserved as wetland resources will be protected.
4, Traffic congestion will be lessened and circulation improved by virtue of the common
driveway and other access points onto the Property,
Common Driveway special Permit Memorandum -- Planning Board 2
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5. No undue concentration of population will occur as a result of the proposed Project.
6, No impact to light and air will occur as a result of the Project.
7. There are no known hazards from fire or other danger resulting from the common
driveway.
8. Adequate and appropriate facilities are available for utilities for the Project,
9. N/A
10. N/A. Stormwater management will be provided in accordance with the DEP
Stormwater Management Policy and related guidance.
11. Adequate and appropriate amenities for the Project will be provided.
Further,Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not
approve any such application for a Special permit unless it finds that in its judgment all the
following conditions are met. The following lists the criteria and how these criteria are met,
a. The specific site is an appropriate location for such a use,structure or
condition.
As the property is zoned for retail and office use, the site is an appropriate
location for the proposed Project. The site design compliments the surrounding
uses and provides for sufficient traffic and circulation improvements,as well as
sufficient water,sewer and other utilities. Moreover, the proposed common
driveway will serve to enhance the appropriateness of the location for the
proposed use.
b. The use as developed will not adversely affect the neighborhood
character.
The Project provides appropriate building,landscaping and screening setback
from the adjacent properties. The character of the building will complement the
architectural style of existing buildings in the neighborhood,and the use is well
suited for its proposed location. Further, the common driveway will serve to
enhance traffic circulation within and around the site so as not to adversely effect
the neighborhood..
C. There will be no nuisance or serious hazard to vehicles or pedestrians.
Driveways,including the common driveway,have been located to provide for
the best available sight distance along Berry Street and Turnpike Street, Site
improvements have been designed to maximize on-site and off-site safety. For
additional detail please refer to the enclosed Traffic Report prepared by DJK
Associates, Inc.
Common Driveway Special Permit Memorandum -- Planning Board
d. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use.
The project is adequately and appropriately serviced by municipal water and
other utilities that adequately address the needs of the Project. Stormwater
management facilities will provide adequate treatment of stormwater in
accordance with applicable requirements. Gas station facilities will be designed
and operated in accordance with federal and state regulations, as well as
recommendations of the North Andover Fire Department.
C. The use is in harmony with the general purpose and intent of this
Zoning Bylaw.
In addition to the reasons described herein and as shown on the Site Plans and
other information submitted as part of the site plan review process,the proposed
use is in harmony with the general purpose and intent of this Zoning Bylaw for
the following reasons. First, the location of the proposed Project is ideally suited
to perform a service function to the future redevelopment of the Route 114
corridor u1 this area of North Andover. Second, the siting of a facility,along with
the proposed location of the common driveway,in the proposed location will
complement existing and proposed uses in this general area of Route 114.
Third, the project will substantially enhance the aesthetics of the property with
new building design, landscaping and screening. Fourth, the Project will return
a currently vacant and unused property back into productive use,and will
provide an important source of new tax revenue to the Town. Fifth,based upon
the Applicant's experience with similar facilities,the off-street parking provided
is adequate to serve the uses of the property in a safe and effective manner.
Lastly,the project,as shown on the Site Plans,complies with the Zoning By-
Law. For these reasons, all of the proposed improvements and enhancements
noted herein are in harmony with the general purposes and intent of Section 1
("Purposes") of the North Andover Zoning Bylaw,
V. REQUEST FOR APPROVAL
For the above reasons, the Applicant,GFM General Contracting Corp.,respectfully
requests that the Planning Board make the required findings and conditions described under
Sections 2.30.1 and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's
request for Common Driveway Special Permit
Respectfully submitted,
GFM General Contracting Corp.
B its attorneys,
John T. Smolak,Esq.
Smolak &Vaughan LLP
820 Turnpike Street,Suite 203
North Andover,Massachusetts 01845
Common Driveway Speciat Permit Memorandum -- Planning Board
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EXHIBIT A
Site Plans
Common Driveway Special Permit Memorandum Planning Board
REQUIRED PA.WNG n 1I9 SPACES ,/
PROPOSED PARKVG m 116 DACES
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