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Home My WebLink About1999-02-17 Decision SPR 14AY. 3. 1999 2:01R1.1 tOUl,ST01�1 & STORRS 617 574 4112 NO. 75$$ P. 2/3 F. �� TO 574413'- P Gc. 0 a.02 Town of North Andover OFFEM of �' , ••�'� 4, ' �._. COMNftMTY DEVELOPMENT AND SERVICES � w W1Li]aM J,SCOTIC North Andover,M&m=hm=01 S45 �►.,ss ,�irecmr NOTICE OF DECISION m Any appeal shell be filler:.�t5emt.'yItz' w",�;"') a ; within (20) days 2rl er'fihe��T�': r'` 41 A} '��, date of filling this Notice o � o in the mice of the Town Tam -- Date_ pebtnzanr 17. 19�D9,�„W,-- Oate of Hearing 1/5/99, 2/9199, 2/16/99 Petition of 4NE CI AM $'!`M11 , KOR H ANIIOVER, T�,� ( Promises affected one Clark stxeat Referring to the above petition for special permit frorn the 'IPP 29 :+ 2; requirementsofthe, N -th AWWQK zoning Bylaw Section 8_3 . r so as to allow the cmatruction of an addIrrion to the *XiStia gbuilding 1*ca►ted � at ona ciaxk Strut After a public hearing given on the above date,the Planning Board � voted t® agpro®e $he Site plan Rayiev - Special permit based upon the following conditions: i CC: Director of Public Works Richard S-Rawen.ChalM n Building Inspector Natural Resource/Lard Use Planner Alison 1.®seem u.V.Chairman Health Sanitmtian Aases*ors ,tchn Simons,Clerk Police Chief Fire Chief Richard Nardella Applieent Engineer Towns Outside Consultant File Planning Board interested Parties �s�SY�►TiUP1'-(qr�S�953D iiPe��H-c� 9s�o ° PL,A[�Kit�•(�7�169S-s83S �iAyliY.ili�O�CY.(�4BS•?3'r5,• �ZOIoP1I+ld Sowitn of aP'P'�.nt.s-(��.93a�t+ °lea�t S '1' ' i 1 Clark Street Site Plan Review Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of an addition to the existing building in the Industrial - 2 Zoning District. This Special Permit was requested by Appledore Engineering, Inc., 600 State Street, Suite D, Portsmouth, NH 03801. This application was filed with the Planning Board on December 4, 1998, 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 an industrial park and is zoned for industrial use. 2. The use as developed will not adversely affect the neighborhood as sufficient buffer have been provided as well as conditions on the hours of operation, 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; S. The site drainage system is designed in accordance with the Town Bylaw requirements. 6. The applicant has met,the requirements of the Town for Site Plan Review as stated in Section 8.3 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 Board, the applicant must comply with the following conditions: 1 o a) The drainage consultant, and DPW have approved the final plan. c) A bond in the amount of$10,000 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. 2. Prior to the start of construction: a) 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. b) All erosion control must be installed as shown the approved and endorsed plans. c) The applicant shall determine the preexisting conditions of the noise levels emanating from the site are to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of surrounding noise and therefore a baseline condition from which the applicant determine their increases. The noise levels shall 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 90-001, the guideline for 310 CMR 7.10. The applicant may use relevant professional sound emitting data from the prior building use to build a baseline based on prior use of the building and grounds. References to sources for data must be included in the material. 3. Prior to FORM U verification (Building Permit Issuance): 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) A certified copy of the recorded-decision must be submitted to the Planning Department. 4. Prior to verification of the Certificate of Occupancy: R 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. 2 b) The landscaping must be planted as shown on Sheet 5 of the approved and endorsed plans. c) 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 Planning Office must approve any changes to the approved lighting plan as submitted by the applicant, d) The building must have commercial fire sprinklers installed in accordance with the North Andover Fire Department, 5, Prior to the final release of security: a) 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 Stan'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 stock piles to remain for longer than one week must be fenced off and covered. 7. 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. S. No HVAC 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. 9. 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. 10. The hours for at least 75% of the traffic associated with trucks entering the site for shipping, receiving and waster hauling shall be limited to between the hours of 7:00 am and 7:00 p.m. Monday through 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, 3 t 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. Utilities may be installed above ground where sub-surface conditions do not permit such installation. Evidence of such must be provided by the applicant. 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 that 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. 1f these revisions are deemed 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 21i9 C-2c 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 information shall be deemed part of the decision: 21. Plan titled: North Andover Commerce Center Sitework Approval Drawings Clark Street North Andover, NIA 01845 Prepared for: One Clark North Andover, LLC 121 Middle Street Portland, Maine 04101 Prepared by: Appledore Engineering, Inc. 600 State Street, Suite D Portsmouth, NH-03801 4 J y Dated: December 4, 1998 , Revised: February 9, 1999 Sheets: 1 through 10 b) Report: Drainage Study for North Andover Commerce Center Clark Street North Andover, MA 01845 Prepared for: One Clark North Andover, LLC 121 Middle Street Portland, Maine 04101 Prepared by: Appledore Engineering, Inc. 600 State Street, Suite D Portsmouth, New Hampshire 03801 Revised: January 20, 1999 Dated: December 4, 1998 22, The applicant may construct only the parking spaces on the northern side of Clark street adjacent to the building until such time as the use of the. property requires the construction of the remaining spaces located on the southern side of Clark Street. The applicant shall notify the Planning Board in writing of their intention to expand into the other parking area prior to the construction of the spaces. cc. Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File Lot 1-2B-1 Orchard Hill Road - Site Plan Review 5