HomeMy WebLinkAbout2000-12-07 Recorded Decision SPR 2-1,A 1996 5=47AM FROM P. 2
. Town of North Andover e.NORY,qH
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Divisklrr Director. Office of the .Manning Department O ��
Community Development and Services Division I
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27 Charles Street ti °"'s'
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Notch Andover Massachusetts �sHu�it
Heidi Giff in Telephone(978)688-9535
Planning Director Fax(978)68$-9542
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Notice of Decision -`
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Any appeal shall be filed This L9 to cer*tt►albw*(0)4 yn � rn
Within (20) detys after the witncut 3o d+ tn foodo , x'
Date of filing t4is Notice o
1n the Office of the Town
Town Oprk
Clerk
Date: December 7;2000
Date of Hearing: October 3, 2000,
October 17, 2000 and November 1.4, 2000
Petition of: . Forgetta Development, LLC 1049 Turnpike Street,North Andover,NIA
Premises affected: Forgetta Farms-Osgood Street
Referring to the above petition for a special permit from the requirements of the Nortb
Andover Zoning Bylaw Sections$ 3, 10.3 and 10.31,
So as to allow: the construction of 12,500 square foot pharmacy, 28,000 square foot
retail building, 120,000 square foot office building and a 54,000 square foot hotel.
After a public hearing given on the above date, the Planning Board voted to APPROVE the �
Special Permit for Site Flan Review,based upon the folltfwiog conditions:
Signed i o7 - c
Alison Lescarbeau Chairman
CC: ,Applicant John Simons Vice Chairman ,
l;rtgineer Alberto Angles, Clerk
Abutters Richard Nardela
DPW Richard t2owen
Building Department William-Cu nnifl ban ATTEST:
Conservation. Department A Tate Copy
Health Department ►.
ZBA Town Cleric
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Site Plan Review - Special Permit
1210 Osgood Street—Endicott Plaza
The Planning Board herein approves the Special Permit/Site Plan Review for the
construction of a 12,500 square foot pharmacy, 28,000 square foot retail building,
120,000 square foot office building and a.54000 square foot.hotel. These buildings
are located in the B-1, B-2 and 1-2 Zoning Districts. This Special Permit was requested
by Forgetta Development, LLC, 1049 Turnpike Street, North Andover, MA 01845.
This application was filed with the Planning Board on September 1, 2000. The
applicant submitted a complete application which was noticed and reviewed hi
accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning
Bylaw and MGL c..4.0A,see..9
The Planning Board makes the following findings as required by the North Andover
Zoning Bylaws Section 83 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, Business 1 and Business 2 Zone and involves the construction of
permitted uses within those.zones.
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer
has been provided. Extensive landscaping has been provided around the frontage of
Osgood Street and the perimeter of the.property. Furthermore, over 75% of the
parking has been-located to the.side or react of the property so as to not be obtrusive to
the nearby residential neighborhoods. The overall layout of the site has been
designed to focus on the traditional architecture and.provide site amenities designed
at a pedestrianscale.
3. There will be no nuisance or .serious hazard .to vehicles or pedestrians. The
applicant has dFmonstrated that the curb radii for the entrance/egress driveways is
adequate. In addition, the project provides for a signalization of the Osgood
Street/Barker Street intersection, and proposes to extend sidewalks into the site
allowing for pedestrian and bicycle traffic from surrounding residential
neighborhoods.
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4
as amended by the Planning Board, of the North Andover Zoning Bylaw;
5. The site drainage system is designed in accordance with the Town Bylaw
requirements and has been reviewed and approved by the Outside Consulting
Engineer, Coler &Colantonio;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 8.3 of the Zoning Bylaw.
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7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The project is extending municipal water, sewer and utilities to the
property to adequately address the needs of the project.
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 CONDITI.ONS:
i, Environmental Monitor: The applicant shall designate an independent
environmental rponitor who shall be chosen in consultant with the Planning Department.
The Environmental.Monitor must be available upon four (4) hours' notice to inspect the
site with the Planning Board designated official. The Environmental 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 area of non-
compliance, if any and actions taken to resolve these issues. One particular area of
concern will be the construction of.the,retaining wall referenced in Coler& Colantonio's
memordum of November 7, 2000, item#6. Separate reports must be provided,relative
to the construction of this retaining wall in addition to the regular reports to be given as
outlined above. The designated monitor may not be applicant and/or developer.
2. Construction Monitor. The ..applicant shall designate an independent
construction monitor who shall be chosen in consultant with the Planning Department.
The..constlwtion 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 Auration of the project. The monthly reports shall detail area of non-
compliance, if any and actions taken to resolve these issues. The designated.monitor
may not be the applicant and/or developer. One particular area of concern will be the
design of proposed retaining walls .referenced in VBB's memor dud of November 8,
2000 as item 4)b. Separate reports must be provided relative to the construction of
these retaining walls in addition to the regular reports to be given as outlined above.
The designated monitor may not be applicant and/or developer
3. Prior to the endorsement of the.plans by the Planning Board, the applicant
must comply with the following conditions:
a) The final plm must be reviewed and approved by the DPW,VHB and the
Town Planner and subsequently endorsed by the Planning Board. The
plans and/or additional data must be revised and.provided to VBB.so.as to
address items l,a, 2a and 2b of VHB's memorandum dated November 8,
2000. The final plans must be submitted for review within ninety days
of filing the decision with the Town Clerk.
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b) The plans for the sewer line extension dated 9/5/2000 and revised
11/2/2000 must be reviewed and approved by the DPW and the Town
Planner.. The revisions. depicting a ductile iron,pipe force main instead of
a PVC force main, currently shown on the plans, .may be waived after
subsequent discussions with the Town Planner and DPW. Final
determination must be defined in writing by the developer, and submitted
to the Planning Department.
c) A bond in the amount of twenty five thousand ($25,000) dollars 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 insurg that the site is constructed in accordance with the approved plan.
The form of security must be acceptable.to the Planning Board.
d) A bond shall be determined by the .Department of Public Works for the
sewer line extension construction work. The applicant shall request this
.bond.figure from the Department of Public Works. This figure must.then
be posted for the,purpose.of insuring that the sewer line extension will be
completed. - The bond is also in place to insure that the site is constructed
k accordance with the approved plan. The form of security must be
acceptable to the.Planning Board.
4. Prior to the start of construction:
a) A pre-construction meeting shall be held with the applicant, Town
Planner, Director of Engineering.from the.Department.of Public,Works,.
and the designated Environmental Monitor and Construction Monitor as
listed in Conditions.#1 and #2. The purpose of this meeting will be to
review the phasing of the development and for the applicant to submit a
construction schedule shall be. submitted to all at the pre-construction
meeting for the purpose of tracking the construction and informing the
public of anticipated activities on the-site. The applicant will also
discuss the proposed sewer extension construction phasing also and any
possible road closures and/or traffic mitigation which may occur as a
result of the installation.
b) During construction,.the site must be kept clean-and swept regularly.
c) If a restaurant and/or hotel eafd is installed, a pre-construction meeting
shall be held with the plumbing inspector and the Health Director to
discuss the plumbing requirements for food establishments.
5. Prior to FORM U verification (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) The applicant 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 hire
Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
d) The applicant must supply a copy of the approved Massachusetts Highway
Department permits necessary for access and construction of the site to the
Planning Department.
6. Prior to verification of the Certificate of Occupancy.:
a) The applicant nwst 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 Planning Staff shall approve all.artificial lighting used to. illuminate.
the site. All lighting shall be built in accordance with the documentation
provided entitled "ALN .414 Main Street", Architectural Area I Aghting
All lighting shag have underground wiring and shall be so arranged'that
all direct rays fkom 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 4nay be reasonably required by the Planning Staff shall be
made at the owner's expense. 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 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.
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d) All sewer line extension work must be completed and approved by the
Department of Public Works in accordance with the plans entitled
"Proposed Sewer Extension", Osgood & Sutton Street, North .Andover,
Massachusetts, prepared for Forgetta Development LLC, prepared by
Marchionda & Associates, dated 8/30/00,. revised 9/5/00,. 11/2/00..
Failure to receive approval from the Department of Public Works shall
result in no certificates of occupancy being approved by the Planning
Department and the Department of Public Works.
7. 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. Specifically after the detention pond is completed, the Town
Planner will review the site and any screening as may be reasonably
required by the Town Planner 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.
c) The applicant shall provide $10,000 to develop a pedestrian safety plan to
mitigate impacts associated with the development and provide access to
the development.
8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be
shown on a platy 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 stock piles to remain for longer than one
week must be fenced.off with siltation.fence.and covered.
9. In an effort to reduce noise levels, the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or site.
10. The hol4rs for construction shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan
approved in this decision that die within one year from the date of planting shall
be replaced-by the owner.
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
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13. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies.
14, No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
15. No underground fuel storage shall be installed except as may be allowed by Town
Regulations..
16. 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.
17. 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.
18. The Planning Board expects that the project will be built
withaccordance
with the
design
herein referenced plans and specifications and infull accordance
elements and features displayed and discussed during the Public Hearings. .Any
revisions sha13 be submitted to the Town Planner for review. If the Town Planner
in his/her sole discretion deems these revisions to be substantial,, the applicant
must submit revised plans to the Planning Board for approval.
19. This ;Special Permit .approval .shall be .deemed .to have .lapsed after
(two years from the date permit granted) unless substan#ial
use or c_AO_ traction has commenced.. Substantial use or. construction will be
determined by a majority vote of the Planning Board.
20. The following infomiatiolt shall,be deemed part.of the-decision:
Plan Titled: Endicott Plaza,.North Andover,Massachusetts
Prepared For: Forgetta Farm Development, LLC
1049 Turnpike Street,North Andover,MA 01845
Prepared By: Marchionda&Associates, Inc.
62 Montvale Avenue, Suite 1
Stoneham, MA .02180
Scale: J"=40'
Date: September 1, 2000, revised November 2, 2000
Sheets: E-1 though E-6,.L-1 through L-4
Plan Titled: Proposed.Sewer Extension
Prepared For: Forgetta Development,.LLC
1049 Turnpike Street,North Andover, MA 01845
Prepared By: Marchionda&Associates,Inc.
62 Montvale Avenue, Suite 1
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Stoneham, MA 02180
Scale: 1"=40'
Date: 9/5/00, revised 11/2/00
Sheets: 1 0f7
Plan Titled: Endicott Plaza,North Andover, Massachusetts
Prepared By: Design Partnership Architects;Inc.
Three Washington Square,Suite 300
HaverbK MA 01830-6139
Scale: 1$$=207
Date: 9/20/00, revised 11/2/00
Sheets: A-1 though.A-5
Report Titled: Hydrologic Analysis
Dated: 8/17/00,revised 10/23/00
Prepared By: Marchionda'&Associates, Inc.
62 Montvale Avenue, Suite 1
Stoneham,MA 02190
Report Titled: Fiscal and.Communitylmpact Report
Prepared For: William Barrett,Forgetta Development LLC
1.049 Turnpike,Street. NoarthAndover, MA.01845.
Prepared By: Elmer A. Pease
PD Associates,LLC Real Estate Consultants
1600 Candia Road, Suite 7
Manchester,.NH 03109
Report Titled: Expanded Environmental Notification Form
Trams Impact and Access Study for a
Proposed Mixed Use Commercial Development.
North Andover,MA
Prepared For: Forgetta Development,LLC
Prepared By: Vanasse&Associates,Inc.
10 New England Business Center Drive, Suite 314
Andover, MA 01810
Dated: August, 2000
Report Titled: Vehicle Queue Analysis
Prepared By: Vanasse&Associates, Inc.
10 New England Business.Center Drive, Suite 314
Andover, MA 0-1810
Prepared For: Forgetta Development, LLC
Dated: November 2, 2000
cc: Applicant
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Engineer
He
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