HomeMy WebLinkAbout1997-01-10 Recorded Decision SPR I
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Any appeal shall be filet M A s sac la ' s 'E T T s JAN 13 10 sp M '9.7
within (20) days after the
late of filing of this Notice
in the Office of the Town
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January 7; 1997
Date of Hearing
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MA'S W97 Pu1;02
Lot F Flagship Drive: . . . . . .. . . . . . ... .. .. ... .• , .• ••• ••
petition of . . . •
Lot F Flagship Drive Narth ,Ar0cx.0x-,. Imo. . in. •the i�•1•�is•t•r•ic� :,`_
Premises affected
Referring to the above petition for a special Permit from the requirements
n° tie
North. .Andover. . ... . Zo..ning .Bylaw. . Sec 4.0p 8 P.- . . .. .. .... . . . .. .. . . . ..... ...
. . . . . . . .
allow to construct a 15 foot one stpr
so 'as to Y. [� rAnxY.building. .
of32,,50Q S,F.. . .... . .. ... .. . . .. .. . . . . . ... .. . .. . .. .. .. .. . .. ... .. ... . .. . ........
fitter a pu1511-c-hearing_Vgiven dYl the above date, .the V-kannin. goard_vote!L
ial permit
toaPP,raVe . .. . . . . .the .. c . . . .. . .. . . . . . . . . . . .. ... . . _, _.
,11'lkue copy
ern Oak
based upon the follo%virtg conditions:
CC: Director of Public works
Building inspector
Natural Resource/Land Use Planner
Kealth Sanitarian, signed •� ;r\ �•` �s:.i
So�a}Sh V. Mahoney,,Chazrmap,,
?olice Chief '
Fire Chief Richard Rowen, vice Chairman•,,,
Applicant /4
Engineer t �� m� Q/�� Al ison Lescarbeau� Clerk
File /
interested Parties Richard Nardella.... .. ... .......
,Sohn Simons __
Town of/FFXI p
North Andover rio�T�
COMMUNITY I)MLOMaNT.AcND SERV CES
146'MWa Strcbt 4 .'
Wf[.I.iANf J.SG07"C'
NortkAndover,h%s uwbjsWA 01845 �► "'
iaa c �
Director
Januar,y,,,~7, 1 96
Ms. Joyce Bradshaw
Town.41—erk
1.20:X&�-1k Street
No. Andover, _mA 01-945
Re: Site Plan Review/Lot F Flagship Drive
Dear Ms. Bradshaw,
�Y The North Andover planning Board held a public hearing on Tuesday
evening, November 19, 1996 at 7:30 p.m. in the Senior Center
behind the Town Building, upon the application of zntellisense
Corporation, 16 Upton Drive, Wilmington, MA 01887 requesting a
special permit under section 8.3 site Plan Review of the North
Acidover Zoning Bylaw. -The legal notice was.properly.advertised
in the North Andover Citizen on October 30 and November, 6, 1996
and all parties of interest were. duly notified. The following
`..7 members were present: Joseph V. Mahoney, Chairman, Richard .
Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles,
Associate Member and John Simons.
The petitioner was requesting a special permit to allow for the
construction of a 15 ft one story masonry building of 32,500
sq.ft. in the Industrial - 1 (I--1) Zoning District.
Ms. Lescarbeau read the legal notice to open the public hearing.
Attoxaey peter Shaheen was present representing the applicant,
Fxa�ik`febba, Engineer for the project was also present, as was
the owner`—of the company, Dr. Meseeh.
Mr. Iebba stated they want to build a 32,500 SF one story
building located in a 1-1 Zoning District. The company,
Intellisence Corp. are software developers and assemble sensors
for the military. There are 15 employees presently with the
company. The business hours would be 8:30a.m..-6.:00p.m. lionday'.-
Friday and some Saturdays. Deliveries would occur 1=2 t-imes 'a '
week.
Mr. Iebba stated that the HVAC units would .not be-on the,
building they would be .inside of the building along with the
1
HOARD OF APPEALS 689-9$41 6UaDRZO 680.9545 CONSERVA-TION 6M9530 H19ALTH 689-9540 P ANN NO689-9535
4747
Mr. Iebba stated .that the HVAC units would not be on the
building they would be inside of the building along with the
dumpsite. Mr. Iebba also stated that there would be minimal
chemical usage in the plant and all the chemicals would be taken
out of the building by clean Harbors, There was also an issue
about earth removal, but is no longer an issue as there will be
no dirt taken off property. The issue of lighting was brought up
and Mr. Iebba stated that all lights will be facing the property
of flagship Drive and there would not be any in the rear of the
building, Mr. Iebba also stated that they would like to have
about 75 parking spaces becauFe they may eventually hire more
employees.
Mr.Bill Krieger of Marion Drive, was concerned about where the
cut line was going to be and -what would be graded. Mr. Iebba
stated they will be starting the grade 150' back from his
property and will create a cut with a 3-1 slope down to the
parking lot. Trees will be planted at the top of the slope.
Ms. Jean Krieger of Marion Drive, had an overall map of North
Andover Business Park which she feels shows better what the
people face by this building being built here. Ms. Krieger's
main concerns were: where the chemicals are being shipped out, if
there were going to be any vents along the top of the building,
and if there was an alarm that would go off if there was any
leakage of chemicals. She questioned the noise from the chemical
vents.
Dr. Meseeh responded by telling her that all chemicals would be
shipped out in their proper containers, and that they would
install the proper vents in the roofs of the building. He also
said if it was a law then he would definitely install an alarm.
Dr. Meseen will provide information about the noise of the vents.
Mr. Krieger asked where the location of the chemical lab would be
and if they would have scrubbers.
t
Dr. Meseeh responded by stating that the chemical lab would be
located near the loading docks in front of the building and that
there will be scrubbers on the roof.
Ms. Mary Mottola has lived in her house for thirty years and has
appeared before the planning board many times and was told
unofficially that this lot was unbuildable. Mr.- Mahoney knew
nothing about that.
Continued until December 3, : 996
2
BK 4747- PG 153
The North Andover Planning Board held a regular meeting on
December 3, 1996. The following members were present: Joseph V.
Mahoney, Chairman, Richard Rowen, Vice chairman, Alison
Lescarbeau, Clerk, Alberto Angles, Associate Member and John
Simons.
Bill Scott, Director of Community Development passed out a
package on noise control. Mr. Scott has also been working with
the Mattola's on the noise information.
Ms. Colwell stated that Mr. Scott and herself have been working
together about the noise and sound control.
Mr. Shaheen spoke to the Kreigers & the Mattola's after the
meeting. They have done what they think is the best that they
can do. Mr. .Scott's memo has tried to address the screening of
the noise control. The owner of Intell..isense will be on the
property for most of the operating hours and can address any
issues that might occur.
Mr. Shaheen stated that they have no problem with Mr. Scott's
letter except that they do not want to have restrictions on their
hours of operation. For the reasons being, it would be harder to
sell if they wanted to resell the property.
Mr. Shaheen stated that no one else in the industrial park has
restricted hours and doesn't understand why they should have to.
Mr. Simons stated that they do not want a business running all
night but, do not want to make any inconvenience for them.
Ms. Colwell stated that the limits on hours of operation were
directed towards noise issues and late night / -early morning
deliveries.
Ms. Mattol.a is more concerned about the resale of her property.
Mr. Kreiger stated that he is concerned about the truck traffic
with the trash pick up and the deliveries.
Mr. Shaheen stated that they will schedule times for the
deliveries and the trash pickups so it will not disturb anyone.
Ms. Colwell stated that the applicant can come in and request a
change to the hours or decisions can be written to limit hours of —
deliveries and dumpsite pick up.
Ms. Mattola is concerned about the water in her cellar.
Ms. Mattola stated that she did not have water in her cellar.
3
Ms. Kreiger also stated that she did not have water in her
cellar.
Mr. Mahoney suggested. that the .everyone look -over the package
that Mr. Scott handed out since they didn' t have a chance to look
at them before the meeting.
Ms. Colwell got verbal input from a consultant on the dry well .
test pits and drainage issues. There are still many outstanding
issues that need to be addressed.
Ms. Colwell suggest to nave a site visit.
A site visit is scheduled for December 7, 1996 8:00 a.m.
The public hearing was continued to the December 17, 1996
meeting.
The North Andover Planning Board held a regular meeting on
December 17, 1996, The following members were present: Joseph V.
Mahoney, Chairman, Richard Rowen, vice Chairman, Alison
Lescarbeau, Clerk, John Simons and Richard Nardella.
Frank Iebba was present to represent Lot F. Mr. Iebba stated
that they did tests on Sunday after the site walk on Saturday and
they were inconclusive. Mr. Iebba stated that.he .would provide
underground storage tanks.
Mr. Nardella asked if the property owner would give them an
extension on purchasing the property. Mr. Shaheen stated that he
would mention it to the property owner to see if they could get
an extension on purchasing the property.
Ms. Colwell stated that the town has never used an underground
system before and that she is not aware of how they work.
Mr. Rowen stated that there are two issues that have not been
cleared one is on the drainage, if we get feedback on being sure
that the problem will be solved as long as the town is protected.
The second issue is the how high the retaining wall is.
Ms. Colwell stated that there is always a way to maintain
drainage it is just a matter of money and building 'location,
Mr. Iebba stated that to put in the underground tank would cost
about $25,000 and to put in the drywell it would cost about
$20,000 but, with more labor. He is confident that it will work.
He will submit a plan for the retaining wall stamped by a.
structural engineer.
4
On a motion by Mr. Rowen, seconded by Ms. Lescarbeau the Board
voted unanimously to close the public hearing.
The North Andover Planning Board held a regular meeting on
January 7, 1997. The following members were present: Joseph v,
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison
Lescarbeau, 'Clerk', Alberto Angles, Associate Member, John Simons
and Richard N'ardella.
Mr. Rowen suggested that the engineer certify in writing that the
project substantially complies with the approved plans prior to
the certificate if occupancy.
On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board
voted to approve the site plan review/special permit as of this
evening.
Attached are the conditions,
Sincerely, f,
G _ � �� •y ' � `art)
Joseph V.. Mahoney, C 6irma
North Andover Planning Board
S
Lot F Flagship Drive
Site Plan Review-Special Permit
The Planning Board herein approves the Special Permit/Site Plan Review for the
construction of a-32,500 SF one story masonry building located-at Lot F Flagship Drive in
the Industrial- 1 Zoning District: This Special Permit was requested by Tntelliserise'Corp.,
16 Upton Drive,Wilmington,MA 01887. This application was filed with the Planning
Board on October 28, 1996.
The Planing Board makes the following findings as required by the North Andover
Zoning Bylaws Section 83.and 10.3:
FINDINGS OF FACT.
]. The specific site is an appropriate location for the project as it is located in an
industrial park and is zoned for industrial use.
2. The use as developed will not adversely affect the neighborhood as sufficient buffers
have been provided as well as conditions on the location of the HVAC units and other
noise producing elements;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4
of the North Andover Zoning Bylaw;
5. The site drainage system will be designed in accordance with the Town Bylaw
requirements as required by Condition l(a)below.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 9.3 of the Zoning Bylaw;
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.
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 Iio-wd,the applicant
must comply with the following conditions:
1
a) All storm water drainage control facilities utilized by the site shall be shown _
on the site plan. Storm water drainage calculations which support the
design of the control facilities shown on the plan shall be submitted to the
Planning'Departmertt,DPW-arrd'consu[tant for review and'approval.
Calculations shall show a mitigation of runoff to zero for a 2, 10, and 100
year,stom' event.
b) The following information must be provided to the-consultant and to the
Planning Department for review and approval and the appropriate changes
made to the plans:
i) Calculations of pipe capacity and catch basin inlet capacity should
be provided to the consultant and to the Planning Department to
evaluate the proposed storm water management system, The
dkgri-Oekage dlidWd iWudo a catc3fitient awes plan ide► ying
areas tributary to catch basins and dry wells with support data
justifying the runoff flow path and the times of concentration.
ii) The storm drain layout must be revised to eliminate changes in
direction of over 90 degrees. In addition,some of the proposed
catch basin locations wit[not capture much runoff and some areas
of the parking lot will trap water. Development of a catchment
plan as above will clearly show how much each catch basin collects
and will identify area not intercepted by catch basins.
c) Corrections and additions must be made to the plan as follows:
i) The rear setback line must be adjusted to reflect the true curve of
the rear lot line.
ii) The retaining wall on land owned by Marasco Trust must be shown
on the plan.
iii) Underground utilities must be used. The note on the"Typical
Cross-section"must be changed to reflect this requirement,
iv) The limit of clearing shown on the plan must be revised to allow
sufficient space to construct the retaining wall.
v) The wall detail must be endorsed by registered engineer.
vi) . The size and slope of the roof drains must be added to the plan.
vii) The capacity of the existing storm sewer system should be
identified to evaluate the impact of the proposed connection. At a
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BK 4747 PG 158
minimum existing pipe inverts and slopes for the Flagship Drive
system should be-indicated,
viii) -A detail must be added Sheet 2 of 3 for cape hod berm.
ix) The handicap parking space location must be reviewed with respect
to compliance with the American Disabilities Act and the proper
adjustments made.
d) The final plan must be reviewed and approved by the drainage consultant,
DPW and the Town Planner and subsequently endorsed by the Planning
Board.The final plans must be submitted for review within ninety days of
filing the decision with the Town Clerk..
e} A-bond in the amount.of twentp.thousand($20,000)dollars shall 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 and
drainage facilities is submitted, The bond is also in place to insure that the
site is constructed in accordance with the approved plan. 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.
f) A construction schedule shall be submitted to the Planning Staff for the
purpose of.traek➢ng the construction:and,infomm ng-the public of
anticipated activities on the site.
2. Prior to the start of any work on site,
a) The final site plan mylars must be endorsed and three(3)copies of the
signed plans must be delivered to the Planning Department,
b) This decision shall be recorded at the Essex North Registry of Deeds and a
certified copy of the decision delivered to the Planning Staff,
c) The applicant's contractor shall construct any and all fencing necessary to
serve as a buffer. At a minimum the fence shall be a solid stockade type
and a minimum of six(6)feet high as described in Note 13 and shown on
Sheet 1 of the below referenced plans.
d) All erosion control measures must be installed as required by Note 8 on
sheet 1 of the approved plan.
e) The applicant shall determine the preexisting conditions of the noise levels
emanating from the site area to determine the baseline noise conditions of
the site area. The noise survey will provide evidence of the origin of
3
BK 4747. Pia 159-
surrounding noise and a baseline condition from which the applicant can
determine their increases. The noise levels shalt not increase the broadband
level by more then 10 dB(A)above the ambient levels or produce a"pure
tone"condition as set forth in DAQC Policy 90-00f,,.Ihe.guideline for 310
CMR 7.10 at the property line.
3. The applicant's contractor shall insure that the construction of the facility will not
cause undue nuisance to adjacent homes. Methods such as the following must be
employed;
a) Construction shall not-begin prior to 7:30 am and shall cease at 5.30 p.m.
b) Construction shall be limited to weekdays,Monday through Friday during
the above hours. Construction may occur on Saturday during the hours of
9 am to'3''p;hi. to facilitaee a shorter construction pbriod:
c) Dust mitigation methods such as site watering to insure that dust does not
leave the site during construction shall be implemented.
d) The applicant's contractor shall perform a pre-construction video survey of
the adjacent residential structures to determine the pre-construction
foundation and wall conditions of such structure. Such survey shall be in
accordance with requirements typical to pre-blast survey and the contractor
shall engage a professional firm that is experienced in such surveys. The
written and video results of the survey shall be distributed to the owner of
the homes that have been surveyed.
e) The applicant's contractor shall make available to each of the above
property owners the name of their liability insurance carrier and necessary
contract thereto.
4. Prior to FORM U verification(Building Permit Issuance):
a) The applicant's contractor shall plant evergreen trees, as Indicated on the
plan,prior to the construction of the parking area and structures. Such
trees shall be planted at a minimum height of six(6)feet and shall be of a
variety that provides a year round visibility buffer. Planting shall be in
accordance with the specifications of the Massachusetts Nursery
Association and shall be maintained in accordance with proper landscape
practices in perpetuity to insure proper growth rates for the plant species.
Trees that do not reasonably perform to normal growth rates for the
species shall be replaced within one year.
5. Prior to verification of the Certificate of Occupancy:
4
BK 4747 PG 160
a) The applicant must submit a letter from the architect or 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) All artificial lighting used to illuminate the site shall be approved by the
Planning Staff. All lighting shall have underground wiring and shall 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 site shall be reliewed by the Planning Staff. 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 building must have commercial fire sprinklers installed itt accordance
with a desigii approvp.d.by the North Andavec Fire,Dopartment,
6. Prior to the final release of security:
a) The site shall be reviewed by the Planning Staff 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 the location of all on-site utilities,structures,
curb cuts,parking spaces-and drainage facilities must be submitted to and
reviewed and.accepted by the Planning Staff and the Division of Public
Works.
7, 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 stock piles to remain for longer than one
week must be fenced off and covered.
$, In an effort to reduce'noise levels,the applicant shall keep in optimum working
order,through regular maintenance,any and all equipment which shall emanate
sounds from the structures or site.
4. No 14VAC equipment or other equipment that will emanate noise exceeding levels
cited herein,shall be placed on the exterior of the structure. Such equipment shall
be enclosed as shown on the plans.
10. The hours for trucks entering the site for shipping,receiving
em i Monde through Ming
shall be limited to between the hours of 9 am and 6 p. Y g y.
Snow plowing may occur during operating hours and at least two(2)hours prior
to the opening of the facility and four hours after the closing.
S
I t. 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.
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 alJowed.by Town
Regulations.
16. The provisions of this conditional approval shall apply to and be binding upon the
applicant,its employees and all-smcessors 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. 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.
19, This Special Perm �proval shall be deemed to have lapsed after
C (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.
20. —)The following infonnation shall be deemed part of the decision:
a) Plan entitled: Elevations
Prepared.by: Architectural Partners
Prepared for: Intellisense Corp.
Flagship Drive
North Andover,Mass
Dated: 18 Oct 1996
b) Plan entitled: Propc sed Industrial Building For Intellisense Corporation
Parcel 0 23 Map# 107
Flagship Drive,North Andover,MA
B
P
BK 4747 PG 162
Record Owners; Woburn Properties Limited
-Lot F Flagship Drive
North Andovef,MA
Prepared by: Essex Survey
Box 620-622
Newton Lower'1~alls;MA 02162.' .
Dated: October 1996,rev,Nov. 18, 1996,Dec. 1 , 1996,
Sheet: 1 through 3
c) Report Titled: Stnrm Drainage Calculations
Intellisense Corp.
Flagship Drive
North Andover,MA
Dated: October 1009.
Prepared by: .,,F,Iebba .,
Box 620622
Newton Lower Falls,MA 02162
cc. Director of Public Works
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Plahnir]g Board
Policb Chief : ..
Fire Chief
Applicant
Engineer
File
Lot F Flagslup Drive -Site Plan Review
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