HomeMy WebLinkAbout2008-11-12 Decision Site Plan Review Bk 114091 Ps 142 ,r 2172
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Essex North Registry of Deeds
Robert F. Kelley, Register
354 Merrimack St. Suite 304
Lawrence, Massachusetts 01843-1755
(978) 6833 2745 www.lawrencedeeds.com
J
a Bk 11409 Pg143 #32172
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PLANNING DEPARTMENT
This Is to COMy"t y(20) Community Development Division
have elapsed prom datr of dsclewa,Bled 1 G00 Osgood Street `
without filing of an New
Date 8 North Andover,Massachusetts, 01845 ATTEST`. .
Joyos A.BriMAW .
Town Clark �True Copy
Any appeal shall be filed
within (20)days after the T'wn Clerk
date of filing this notice in
the office of the Town ClerL
Date: November 12,2008
Date of Hearing: January 15, 2008, June 3,
2008, September 17,2008, October 7,
2008, October 21, 2008 &November
12,2008
Date of Decision: November 12, 2008
Petition oh D.F.Realty,LLC
1 Parker St., Suite C
Lawrence, MA 01843
1 Premises Affected: Sea Dog Kennel,500 Sutton St,Portion of Assessors Map 74,Parcel 1-B.
{`44eferringAo-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 a 18,654 s.f., 2-story kennel and pet daycare facility, 29 parking spaces,
drainage and stormwater management system, extensive landscaping plan, lighting plan, and associated
grading work within the Industrial 2 (1-2) Zoning District and within the Non-Discharge Zone of the
Watershed Protection District.
After a public hearing given on the above date, and upon a motion by R. Rowen and 2"d by J. Kusek to
APPROVE the Site Plan Special Permit as amended and based upon the following conditions.Vote was 4—
0 in favor of the application.
ga'ela
r--
behalf of the North Oindover Planning Board
Ohn Simons,Chairman
Jennifer Kusek,Clerk
Richard Rowen
Timothy Seibert
1
Bk 11409 Pg144 #32172
Sea Dog Kennel,500 Sutton St,
Map 74,Parcel 1-13
Site Plan Special Permit—Construction of Kennel and pet daycare facility
The Planning Board herein APPROVES the Site Plan Special Permit to construct a 18',654 s.f.,2-story kennel
and pet daycare facility, 29 parking spaces, drainage and stormwat,,��� ''� syst,�t extensive
landscaping plan, lighting plan, and associated grading work. The project TN6( Sutton Street,
North Andover,Massachusetts,01845,portion of Map 74,parcel B in the Industrial 2(1-2)Zoning District
and in the Non-Discharge Buffer Zone of the Watershed Protection District. 1-totals approximately
55,767 s.f, with frontage on Sutton Street. This Special Permit was fir' 're , )Re ty LLC, 1 Parker
Street, Suite 2C,Lawrence,MA 01843. The application was filed with the fanning Board on December 14
2007. The public hearing on the above referenced application was opened on January 15, 2008, with
additional hearings on June 3, 2008, September 17, 2008, October 7,2008, October 21,2008 and November
12, 2008 and closed by the North Andover Planning Board on November 12,2008. The applicant submitted
a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of
the Town of North Andover Zoning Bylaw and MGL C.40A,Sec.9,
The Planning Board makes the following findings as required by the North Andover Toning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is located in the Industrial 2 (I-2)
Zoning District and consists of the construction of a 18,654 sq.fl., 2-story kennel and pet daycare
facility,29 parking spaces,drainage and stormwater management system, extensive landscaping plan,
lighting plan, and associated grading work;
2) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been
provided. The overall layout of the site has been designed to focus on traditional architecture and
provide site amenities designed at a pedestrian scale;
3) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a
significant impact on pedestrian safety and vehicular circulation within the site as the project will add
only minimal additional vehicle trips to the site. In order to mitigate traffic impact, the applicant has
proposed scheduled drop-off times for customers that should help to avoid traffic congestion;
4) The landscaping and lighting 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. Landscaping has been
placed so as to provide screening along Old Clark Street as well as along the Airport Entrance
Driveway. The parking area landscaping has been provided for according to the town's Zoning
Bylaw. All plantings and screening depicted on the approved plans referenced herein shall remain in
perpetuity over the life of the project;
5) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The new building will be serviced by town water and sewer. The Division of Public Works, and the
outside consulting engineer, Vanasse, Hangen Brustlin, Inc, have reviewed the application, utilities,
and drainage and stormwater management plan and deemed them to be adequate. The applicant has
also provided extensive information regarding the construction requirements for the "Fieldturf'
product that will be used in the outdoor area. The applicant will also be providing a Maintenance
Plan for this area that will include the plan for disposal of solid wastes and the maintenance of the
"Fieldturf'area.
6) The applicant will install two monitoring wells to monitor the "Fieldturf", according to a plan to be
approved by the town's engineer.
2
' F Sea Dog Kennel,500 Sutton St. Bk 11409 Pg145 #32172
Map 74,Parcel 1-B
Site Plan Special Permit—Construction of Kennel and pet daycare facility
7) The Applicant has requested waivers from the following provisions of the Town of North Andover
Zoning Bylaw Section 8.3.5:
xix)—Traffic Study
xx)—Commonwealth Review
xxii)—Fiscal Impact
xxiii—Community Impact
As part of this decision, The Planning Board has granted the above waivers, in that it has found that
the Applicant has provided sufficient information as part of its application to address all traffic and
community impacts.
Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3.5, 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) Permit Definitions:
A) The "Locus" refers to the 55,767 sq. ft. parcel of land with land fronting on Sutton Street as
shown on a portion of Assessors Map 74, Parcel 1B, and also known as 500 Sutton Street,North
Andover,Massachusetts.
B) The "Plans" refer to the plans prepared by MHF Design Consultants, 44 Stiles Road Suite 1
Salem NH 03079 entitled "Sea Dog Kennel", dated November 16, 2007, revised 12/07/07,
12/13/07, 6/3/08, 7/10/08, 7/31/08, 8/10/08, 9/12/08 and 10/01/08, consisting of Sheets I through
10.
C) The "Project" or "Sea Dog Kennel, 500 Sutton Street" refers to the construction of 18,654 s.£,
2-story kennel and pet daycare facility, 29 parking spaces, drainage and stormwater
management system, installation of utilities, construction of detention pond and outlet structures,
and limited grading work.
D) The applicant has designated on the plan a location for future parking expansion. This expansion
consists of a total of 17 new spaces.
E) The "Applicant'refers to DF Realty, LLC, l Parker Street, Suite 2C, Lawrence, MA 01843, the
applicants for the Special Permit.
F) 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.
2) The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning and Community Development Staff. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Planning Board designated
official,
3
• Sea Dog Kennel,500 Sutton St. Bk 11409 Pg146 #32172
Map 74,Parcel 1-B
Site Plan Special Permit—Construction of Kennel and pet daycare facility
3) 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)
hour's 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, if
any, and actions taken to resolve these issues.
5) PRIOR TO THE START OF CONSTRUCTION
A) A detailed 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) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Department must be contacted prior to any cutting and or clearing on site.
D) A pre-construction meeting must be held with the developer,their construction employees,Planning
Department and Building Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
E) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all North Andover Land-Use Boards.
F) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of
insuring that the site is constructed in accordance with the approved plan and that a final as-built
plan is provided,showing the location of all on-site structures. This bond shall be in the form of
a check made out to the Town of North Andover. This check will then be deposited into an
interest bearing escrow account.
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.
7) DURING CONSTRUCTION
A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner,
throughout the construction process.
B) 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
and fenced off to minimize any dust problems that may occur with adjacent properties.
C) It shall be the responsibility of the developer to assure that no erosion from the construction site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
4
Bk 11409 Pg147 #32172
• Sea Dog Kennel,500 Sutton St.
Map 74,Parcel I-B
Site Plan Special Permit—Construction of Kennel and pet daycare facility
except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be
a basis for the Planning Board making 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) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
8) PRIOR TO THE 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 building.
B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All Iighting
shall have underground wiring and shah 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. Any changes to the approved
lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's
expense.
C) The applicant shall adhere to the following requirements of the North Andover Fire Department
and the North Andover Building Department: All structures must contain a commercial fire
sprinkler system. 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 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 signage 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.
C) 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 the Planning Department.
5
Sea Dog Kennel,500 Sutton St. Bk 11409 Pg148 #32172
Map 74,Parcel l-B
Site Plan Special Permit—Construction of Kennel and pet daycare facility
D) A maintenance plan, detailing the procedure for daily removal of solid wastes as well as a plan
for periodic maintenance of the"Fieldturf'.
E) A plan for the monitoring wells, outlining the monitoring procedures will be presented for
approval by the town's engineer. '
F) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
10) GENERAL CONDITIONS
A) Any plants, tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved
in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity.
B) Snow storage shall be contained within the area outlined on the Site Development Plan, sheet 4.
C) There shall be one dumpster on site,located as outlined on the Site Development Plan, sheet 4.
D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
E) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
F) 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.
G) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
H) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
I) 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.
J) 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. ,
K) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
L) This Special Permit approval shall be deemed to have lapsed after November 12,2010 (two years
from the date permit granted), exclusive of the time required to pursue or await determination cars
any appeals, of
unless substantial use or construction has commenced within said two-year period or
for good cause. For purposes of this development, the developer shall be deemed to have
undertaken substantial use or construction if the developer has begun site grading and tree clearing
as noted on the Grading,Drainage and Utility Plan, sheet 5 of 10.
M) The following information shall be deemed part of the decision:
6
Bk 11409 Pg149 #32172
Sea Dog Kennel,500 Sutton St.
Map 74,Parcel 1-B
Site Plan Special Permit—Construction of Kennel and pet daycare facility
Plan titled: Sea Dog Kennel
Prepared for: DF Realty,LLC
1 Parker St, Suite 2C
Lawrence,MA 01843
Prepared by: MIS'Design Consultants.
44 Stiles Road,Suite One
Salem,NH 03079
Scale: 1"=40'
Date: Dated November 16, 2007, revised 12/07/07, 12/13/07, 6/3/08, 7/10/08, 7/31/08,
8/10/08,9/12/08 and 10/01/08.
Sheets: 1 through 10.
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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