HomeMy WebLinkAbout2007-08-08 Application SPR No ark Town of North Andover
Office of the Planning Department
Commuxdty Development and Services Division r'—I'f"0"F[)
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1600 Osgood Street
North Andover,Massachusetts 01845
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Lincoln Daley P 978-688-9535
Town Planner F 978-688-9542
Town of North Andover Planning Board
M Milo,
Please type or print clearly:
1. Petitioner: GFM General Contracting CoM,
Address: 325 North MainStreet No- ISM,Middleton NIA 01949
Telephone Number: L617) 877-9963
2. Owners of the Land: can Paul R.--Pro_ulx
Address:L812 TMnike Street North Aid:oy—er,MA 01845
Telephone Number:_
Number of years ownership: 47'Years '
If applicant is not the owner,please state interest in property:Agplicant has
ent
ered into a Purchase Ment-mjLh the Owner.
I Request for a Special Permitmider Sections-,8&2)(ajfl) & -10.3--of the
North Andover ZoMing' Bylaw'§eeWn g
Construction of -Site PIN Special Permit for the
.q15,900 retaiVoffte building to be located at 1820-
1830 Turnpike Street.
4. Location of Property: 1812, 1820-L830 Turnpike Street(Route 114)
Zoning District: General Business (GB)—_ —
Assessors: Map: LORL— Lot# 4§and 47
Registry of Deeds: Book#:202
Page# 119
Existing Lot: (VACANT)
Lot Area (Sq.Ft): _ 88g45 Building Height:,
Street Frontage: 383.85 Side Setbacks: N
Front Setback:- Rear Setback: A
Floor Area Ratio; Lot Coverage: N/
NIA
6. Proposed.Lot(if applicable):
Lot Area (Sq.Ft): 88,245 , r, Building Height: 44.6
Street Frontage: 383.85 Side Setbacks: 25 .„
Front Setback: 106.00 hear Setback. 36
Floor Area Ratio: NIA-- Coverage: 23.92%
7. Required Lot(as required by Zoning Bylaw);
Lot Area(Sq.Ft.): 25,000 Building Height: 45
Street Frontage: 12,__5.0_, Side Setback: 25 1
Front Setback: i 1 .00 _ Rear Setback: 35 (1)
Floor Area Ratio: WA », Lot Coverage: 35.OQEo
(1) Setback may be required to be increased by 15 feet where locus is
determined to abut a residential zone.
S. Existing Building(if applicable):N/A
Ground Floor(Sq.FL) #of Floors
Total Sq.Ft.; Height:
Use: Type of Construction:
9. Proposed Building:
Ground Floor(Sq.Ft.) 11,025 #of Floors 2
Total Sq.Ft.; 25.909 Height: 44.6 ft.
Use: Commercial(4ftice/RetaM _ Type of Construction: Wood Frame
10. Has there been a previous application for a Special Permit from the Planning
Board on these premises?Yes.. If so,when and for what type of
construction?The site received a Site Plan Special Permit bv_ lecision,dated
December 20 2091 for th couLtogfioa of a 2-story clapboard and woo metal
frame offic /lretail building.Such approval has expired and was not used.
i
11. Petitioner and Landowner signatare(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 furnish 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 Rules and Regulations may result in a dismissal al by the
Planning Board of this application as incomplete.
GFM General Contracting Corp.
By i atto a rmlak&Vaughan LLP
Petitioner's Signature; '
Print or type name her .Gino Fodera.President
`Jean Paul R.Prouls,by the Applicant,GFM General Contracting Corp.pursuant to
Owner letter of Authorization,B p lica t' tto a s,Smolak&I ughan LLD
Owner's Signature: W
Print or type name here: o P ul IL roulx
TOWN OF NORTH ANDOVER. PLANKING BOARD
APPLICANT: GFM GENERAL CONTRACTING CORP.
OWNER.: JEAN PAUL R. PROUD
PROPERTY: ASSESSOR MAP 106.1)PARCELS 46 and 47
1812, 1820-1830 TURNPIKE STREET, NORTH.ANDOVER
MEMORANDUM IN SUPPORT OF ALPLIgATION FOR SITE PLAN REVIEW
,SPECIAL PERMIT
(Sections 8.3 and 10.3 of North Andover Zoning Bylaw)
I. INTRODUCTION
GFM General Contracting Corp. is the applicant(the"Applicant") seeking site
plan approval of a proposed 25,909 +/-s.f. 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 4,085 s.f.
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
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 23,1.959 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.
Please also note that the Planning Board previously voted to grant a special
permit/site plan approval by decision, dated December 0,2001,to the Owner for the
construction of a"two-story clapboard and wood/metal frame office/retail,building„
on 1820-1830 Turnpike Street(the 2001 Decision"). The 2001 Decision,however,has
since expired.
II. PROPOSED PROJECT
The Applicant,GFM General Contracting Corp.,proposes the following project,
including:
(a) the construction of a two-story traditional style commercial office and
retail building of 25,909 square feet in size, including;
Site Plan Review Memorandum — Planning Board
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(i) 9,184 s.f. of first floor space, of which 5,840 s.f. would be dedicated to
general retail use, and 3,344 s.f. of first floor space would be dedicated to a
specialty retail convenience market use;and,
(ii) 10,911 s.f. of second floor office space,along with 5,814 s.f. of storage
space available in the attic above the second floor;
(iii) and having a building exterior which includes a combination of brick,
simulated stucco and millwork to provide a residential scale to
complement and serve as a transition to the current and proposed
residential uses adjacent to the Property.
(b) the construction of a total of 98 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) the extensive re-landscaping and re-vegetation of the front,side and rear
yards as shown on the Landscaping Plan.
A set of building
plans is attached as Exhibit B.
A perspective rendering of the building and other site improvements is
attached as Exhibit C.
A Lqnd�sca PI
i�n
MA for the Property is attached hereto as Exhibit D.
Collectively,the proposed improvements as described above and as shown on
Exhibits A through D shall be referred to as the Project.
RE'QUIRED RELIEF
Based upon our Preliminary review of the proposed improvementsand after a
meeting with the Building commissioner, the Applicant has determined that a Site Plan
Review Special Permit will be required to be issued by the Planning Board in
accordance with Sections 8.3 and 10.3 Of The Zoning Bylaw of the Town of North
Andover,as most recently amended in May,2006 (the-Zoning Bylaw").
In addition to approvals required from the Planning Board, the Proposed Project
will require either a finding by the Zoning Board of Appeals (or in the alternative,a rear
yard setback variance) to enable the building to be constructed a distance of 36 feet fro
Berry Street,a Wetlands Order of Conditions issued by the North Andover m
Conservation Commission, local sewer and water connection permits to be issued by
Site Plan Review Memorandum — Planning Board
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the Department of Public Works,and various licenses and other approvals to be issued
by the Board of Health as well as the Board of Selectmen in its capacity as Licensing
Authority. In addition,the Project will require the issuance of a curb cut permit from
MassHighway.
Over the course of the past six months,representatives of the Applicant have met
with individual representatives of the Planning Department,the Building Department,
Board of Health,Fire Department,and Conservation Commission. The Applicant's
Project was also reviewed by the Towes Technical Review Committee (TRC). As a
result of those meetings and consultations, a number of their recommendations have
been incorporated into the Site Plans.
IV. SITE PLAN REVIEW AND SPECIAL PERMIT CRITERIA
Section 8.3(6) 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:
SITE PLAN REVIEW GRIT .(Section 8.31
GENERAL
a. Conformance with all appropriate provisions of the Zoning Bylaw.
The proposed uses of the site for retail/office uses are uses allowed by right in
the General Business(GB) Zoning District. Except for the rear yard setback
which is subject to both a pending request for finding and petition for variance,
the Project conforms to all dimensional criteria listed in Section 7,including but
not limited to,Table 2(Summary of Dimensional Requirements),of the North
Andover Zoning Bylaw. Compliance with dimensional requirements is
summarized on the Site Plans as well as on the Site Plan Review Application
Form.
b. Protection of abutting properties from detrimental site characteristics.
The Project provides appropriate building setbacks from the adjacent properties.
The adjoining properties are zoned both ViUa&e Residential(VR) as well as
Residential-3 (R-3),and will not be negatively impacted by the proposed Project
In fact,the Project in fact will provide an essential service and complement the
surrounding uses.
Site Plan Review Memorandum -- Planning Board
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ENVIRONMENTAL
a. Protection of unique or important natural,historic or scenic features.
The majority of the site is cleared and is maintained by routine mowing
activities. Woody vegetation is limited to a tree overstory along the eastern and
northeastern property boundaries. All trees located outside the development
limits will be preserved. Wetland resource areas will not be impacted,as the 25-
foot Non-Disturbance Zone described in the North Andover Wetlands Protection
Bylaw will be maintained,and other storm water management Best
Management Practices (BMPs) measures will be implemented to protect wetland
resource areas. Additionally,a Buffer Zone Enhancement Plan will be
implemented within the 25-foot No-Disturbance Zone to re-vegetate areas
previously altered by mowing activities.
b. Adequacy of proposed methods of refuse disposal.
The Project includes a disposal area located to the northeast side(or rear)of the
Property. The disposal area (which will be screened with a six-foot chain link
fence with privacy slats)will adequately handle the needs of the building,and
provide for appropriate screening of the.facilities. Solid waste disposal would be
handled by a private commercial,hauler.
c. Ability of proposed sewage disposal and water supply systems within
and adjacent to the site to serve the proposed use.
The Project will be connected to the municipal water system and sewer system
which ties into a main located in Turnpike Street. Based upon the Project
Engineer's discussion with the DPW,sufficient capacity exists within the
municipal system to accommodate the proposed Project's water and sewer
needs.
d. Adequacy of the proposed drainage system within and adjacent to the
site to handle the increased runoff resulting from the development.
A sub-surface drainage system is being proposed,and accommodates all runoff
resulting from the development. This system employs Best Management
Practices and includes the installation of deep sump catch basins,an infiltration
bed,and stormceptors which will provide pretreatment of stormwater runoff. All
drainage and runoff systems are designed to prevent the contamination of
groundwater,and drainage and runoff will be recharged onsite. Site stormwater
will be managed in accordance with the DEP's Stormwater Management Policy
and related technical guidance,and will also be separately reviewed as part of
the wetlands review process by the North Andover Conservation Commission.
Please refer to the enclosed excerpt from the Stormwater Management Report
attached as Exhibit E for additional information.
Site Plan Review Memorandum -- Planning Board
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e. Provision of adequate landscapin&including the screening of adjacent
residential uses,provision of street trees,landscape islands in the
parking lot and a landscape buffer along the street frontage.
As noted above,the majority of the site is cleared and is maintained by routine
mowing activities. Woody vegetation is lin-dted to a tree overstory along the
eastern and northeastern property boundaries. All trees located outside the
development limits will be preserved. This submission also includes a
Landscape Plan providing proposed landscaping within the parking lot,side
yards,rear yards and front yard areas which show additional buffering and
screening areas. A copy of the Landscape Plan is attached.
f. Adequacy of the soil erosion plan and any plan for protection of steep
slopes,both during and after construction.
All proposed grades within landscape areas will not exceed 2:1,and all slopes
will be stabilized both during and after construction. The Applicant will take
particular care with respect to maintaining enhanced erosion and sedimentation
controls to avoid impact to both on-site wetlands and adjacent properties.
g. Protection of adjacent properties by minimizing the intrusion of
lighting,including parking lot and building exterior lighting.
A lighting facilities plan has been provided as a part of this submission.
Lighting will not cause glare and will minimize spillover onto adjacent
properties or streets.
h. The proposed development must not present a demonstrable adverse
impact on the surrounding area resulting from excessive noise,dust,
smoke,or vibration which are higher than levels now experienced from
uses permitted in the surrounding area.
The proposed use is to be located adjacent to Route 114 and is surrounded by
commercial,residential and agricultural uses. The Project includes the
construction of a retail/office building similar to that previously approved by the
Planning Board in 2001,but substantially enhanced in appearance from that
project approved in 2001. The Project layout has been designed to ensure that
there will be no long-term impact on the surrounding area from excessive noise,
dust,smoke or vibration.
Site Plan Review Memorandum Planning Board
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DESIGD!
a. Buildings shall be located with respect to setbacks,placement of
parking,landscaping and entrances and exits with surrounding
buildings and development.
The proposed site plan conforms to the required building setbacks except as
otherwise provided above,and no conflict will exist between this site and the
existing parking,landscape,entrance or exit of another adjacent use. The Traffic
Impact and Access Study (the"Traffic Report )provides additional detail on the
adequacy of site circulation as related to existing surrounding buildings and
development. A copy of the Traffic Report is attached as Exhibit F.
b. The buildings shall relate harmoniously to each other in architectural
style,site location and building exits and entrances.
The Colonial style of the proposed building has been designed in a
manner to blend into the area architectural style,and will complement the
surrounding neighborhood. A set of architectural elevation plans is
attached as part of the Site Plans.
C, Screening shall be provided for storage areas,loading docks,dumpsters,
rooftop equipment,utility buildings and similar features.
The proposed refuse area will be screened with a 6'chain fink fence enclosure
with privacy slats. All mechanical,electrical and HVAC units have been either
located within the building or will be suitably screened,and will not be visible,
or create a nuisance,to surrounding properties.
d. Electric,telephone,cable t.v,and other such lines and equipment must
be placed underground.
All utilities on the Property will be located underground.Please refer to the
enclosed utility plan shown as part of the Site plans for more detailed
information.
e. Demonstrate that the scale,massing and detailing of buildings are
compatible with those prevalent in the surrounding area.
The Project structures will be designed to respect the scale and style of the
buildings in the surrounding neighborhood.Please refer to the attached
architectural renderings and elevations for additional detail.
Site Man Review Memorandum — Planning Board
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TRAFFIC/PARKINCx
a. The location and number of curb cuts shall be minimized to reduce
turning movements,and hazardous exits and entrances.
The location and number of curb cuts proposed has been reviewed and is
appropriate for the proposed use,as further described in the Traffic Report. The
driveway has been designed to provide sight lines that exceed minimum
requirements for safe stopping distances.The proposed landscaping and signs in
the vicinity of the site driveway have been located sufficiently back from
Turnpike Street so as not to impede the available sight distances.Turns into the
site driveway will operate at level-of-service (LOS)B or better during the peak
hours. Exiting movements from the site driveway will operate at LOS D or better
during the peak hours.
b. Provision for access to adjoining properties shall be provided as
appropriate.
.The Applicant has examined the feasibility of extending access from the
1820-1830 Turnpike Street onto and through to the existing access point
onto Route 114 through the Equestrian Shop entrance at 1812 Turnpike
Street. Although the project has been granted easement rights to use a
portion of 1812 Turnpike Street for parking,landscaping and other
improvements,the Applicant has been unable to secure rights from the
Owner to access across 1812 Turnpike Street westerly through the existing
driveway onto Route 114. Moreover,given the presence of existing
wetland resource areas and buffer zones located to along the easterly
boundary of 1820-1830 Turnpike'Street, it is not feasible to extend access
onto the property abutting the Property to the east.
C. Driveways shall be located opposite each other wherever possible.
Given the odd-shaped configuration of the property, and the resulting
difficulty in placing driveway access points in a manner which will
maximize efficiency and safety of pedestrian and vehicular access,it is not
possible to locate driveways opposite of one another and still maintain
safe and effective traffic circulation both on and adjacent to the Property.
d. Joint access driveways between adjoining properties shall be
encouraged.
To the extent a new use is made of the Equestrian,Shop premises,
joint access driveways will be re-examined at that time. As noted above,
Site Plan Review Memorandum -- Planning Board
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a connection may not be feasible due to the inability of the Applicant to
secure through access onto 1812 Turnpike Street.
e. Internal circulation and egress shall provide for traffic safety,and access
to and from minor streets servicing one family dwellings shall be
minimized.
Internal circulation has been designed to minimize conflicts between vehicles
and pedestrians,all as more detailed in the Traffic Impact and Access Study.
Further,although access is provided onto Berry Street,such access is safe and
effective to enhance traffic circulation on and adjacent to the property.
SEE_(:UL EE_RAM APPROVAL CRUF jRIA(Section 10J11
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.
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 Colonial-style building will
complement the architectural style of existing buildings in the neighborhood,
and the use is well suited for its proposed location.
C. There will be no nuisance or serious hazard to vehicles or pedestrians.
Driveways have been located to provide for the best available sight distance
along Osgood Street. Site improvements have been desired to maxin-dze on-site
and off-site safety. For additional detail please refer to the enclosed Traffic
Report prepared by DJK Associates,Inc.
d. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use.
Site Plan Review Memorandum — Planning Board
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k
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,
e. 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 in this area of North Andover. Second,the siting of a facility 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 8.3 and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's request
for Site Plan Approval.
Respectfully submitted,
GFM General Contracting Corp.
By s attorneys,
ohn T. Smolak,Esq.
Smolak&Vaughan LLP
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
Site Plan Review Memorandum .- planning Board
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