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HomeMy WebLinkAbout2009-06-16 Recorded Decision SPR I ' d ABOVE FOR,REGISTRY OF DEEDS USE OIVL F COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REATOVLF JJGRAN, OR, GRANTEE - O`� r ADDRESSD OF PROPERTY- CITY/TOWN TYPE OF DOCUMENT ]CLC ASSIGNMENT TYPE DEED 6D MORTGAGE NOTICE TYPE DISCHARGE SUBORDINATION AFFIDAVIT CERT TYPE 'DEC OF HOMESTEAD UCC TYPE DEC OF TRUST OTHER y� DESCRIBE -- - �, ssz North Registry 6fD6eds. Robert F. Kelley, Register . 354 Merrimack St, Suite 304 Lawrence, NIA, 01843 (978) 683-2745 Www.lawrencedeeds.com NORTH OL t fi7t1 rZFC'F'IVE0 CF•F)CE .2009 UUN 17 PH 4: 05 ��SSACHUS���y I'OWH O PLANNING DEPARTMENT MASS ACHUSEl-TS Community Development Division 1600 Osgood Street North Andover, Massachusetts, 01845 SITE PLAN REVIEW—DECISION Date: June 16, 2009 this Is to osrtlfti, <,: Twenty(20)days Date of Public Hearing: June 16, 2009 have elapsed fro Gate of decislon,filed without filing of all Date Petition of: M.E.M.L.V., LLC Joyce-A.BrOshaw P.O. Box 623 Town Clerk 492 Sutton St. North Andover, MA 01845 Premises Affected: 492 Sutton Street. (airport) North Andover, MA 01845, Assessor's Map 76, Lot 3 Referring to the above petition for Review of a Site Plan, according to 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 a 6,375 sq. ft., 75' X 85' airplane hangar in a paved section of the airport in the Industrial -2 District. After a public hearing given on the above date, the Board recommended APPROVAL of the Site Plan Review Special Permit based on the following conditions. On behalf of the North Andover Planning Board John Simons, Chairman Timothy Seibert Michael Walsh Courtney LaVolpicele ATTEST:, A 1'rurp, Copy,. Town C[erk Site Plan Review - Special Permit 492 Sutton Street-M.E.M.L.V. The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a metal building of 6,375 square feet within the Industrial-2 Zoning District, This Special Permit was requested by M.E.M.L.V., Inc, P.O. Box 623, 492 Sutton Street North Andover, MA 01845. This application was Bled with the Planning Board on May 14, 2009. The applicant submitted 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, see. 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 structure, as it will be constructed adjacent to existing hangar buildings located on the property of an airport facility. The North Andover Zoning Board of Appeals granted a Variance on April 14, 2009 from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setback), &Table 2, and Section 8, Paragraph 8.1 (Off Strect Parking) of the Zoning Bylaw for dimensional relief and for a Special Permit from Section 9, Paragraph 9.1 (Non-Conforming Uses) of the Zoning Bylaw in order to extend a non- conforming use(airport) in the I-2 zoning District. 2. The use as developed will not adversely affect the neighborhood, as the hangar will not be visible from adjacent streets or residents. 3. The hangar will not generate any new vehicular or pedestrian traffic. 4. The existing conditions of the site are currently paved, as such no increase in runoff rates or volume will occur. The project is currently under review by the Conservation Commission for stormwater management. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 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 approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) A bond in the amount of two thousand ($2,000) dollars in the form of a check 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. 2 b) The applicant must receive approval from the North Andover Conservation Commission. The applicant must provide to the Planning Department copy of all approvals. c) The Town Engineer must review and approve the drainage plan. 2. Prior to the start of construction: a) During construction,the site must be kept clean and swept regularly. 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. 3. Prior to 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) All permits necessary from the FAA must be obtained and copies of the approvals must be submitted to the Planning Department. 4. Prior to issuance 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, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) The aircraft hangar must comply with applicable state fire and building codes. 5. 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. 6, 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 stockpiles to remain for longer than one week mist be fenced off and covered. 3 I 1 7. 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. 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9. Electric utilities shall be installed underground as specified by the respective utility companies. 10. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 11. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 12. 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. 13. 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. 14. The Site Plan Review Special Permit is contingent upon the approval of the Conservation Commission. The applicant shall submit copies of all decisions rendered to the Planning Office by the Conservation Commission related to the project. 15. 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. 16. This Special Permit approval shall be deemed to have lapsed June 16, 2011 (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. 17. The hanger shall be used for the storage of airplanes and for no other purpose. There will be no storage of items, which shall be in violation of any order or requirement imposed by the Board of Health, Fire Department and Police Department or other appropriate governmental body. No one shall do any act or cause to do any act, which would create a nuisance or presents a danger to the safety and health of any person. 18. No repairs, maintenance or work of any type shall be done or caused to be done in or about the structures. 19. The hangers shall not be used for residential purposes or for any other unlawful purpose. Items which are volatile, flammable or explosive, or which are hazardous, which burn with extreme rapidity, or which when burning or subjected to heat produces toxic fumes or gases in quantities and under conditions dangerous to safety or health of any person, may not be stored, used or kept in or about the structures. These items include, but are not limited to the following: 4 1 a) Combustible Dust — Fine particles or matter stable to spontaneous ignition or explosion or constituting a dust hazard such as lint, shavings, sawdust, flour, starch, sulfur, metal powders and powdered plastics. b) Explosive Gases — Acetylene, ether, ethyl chloride, ethylene, petroleum gases, methyl chloride gas, and oxygen. c) Flammable and Combustible Solids—Pyroxylin products, nitrocellulose, asphalt, coal tar, pitch, waster paper and rags, straw, Kemp,oil,grease and fats. d) Flammable Liquids — Ether, carbon, bisulfate, acetone, alcohol, kerosene, turpentine and flammable paint and varnish. e) Poisonous, Corrosive or Fume Hazard Substances -hydrochloric, nitric, sulfuric, hydrofluoric, and other corrosive acids; corrosive, toxic, or noxious cyanides, ammonia, chlorine, sulfin•dioxide, and similar substances providing like hazards. f) Live animals,contraband, hazardous waste or any other item prohibited by law or ordinance. 20. The following information shall be deemed part of the decision: Plan Titled: Site Plan North Ramp Road Lawrence Municipal Airport North Andover, Mass. Prepared For: M.E.M.L.V., LLC P,O. Box 623 492 Sutton St. North Andover, MA 01845 Prepared By: Andover Consultants, Inc. I East River Place Methuen, MA 01844 Scale: 1"=20' Date: May 11,2009, revised to June 16, 2009 Assessors: Map 76, Lot 3 cc: Applicant Engineer File 5