Loading...
HomeMy WebLinkAbout2005-07-22 Decision SPR I I 1 OWM4 Town of North Andover RECEIVED Office of the Planning Department �� Y nsl�W • CUR1( `�,��► Community Development and Services Division -, J v - CHus� ' 400 Osgood Street North Andover,Massachusetts 01845 httn://www.tgwnphorftndover.com i Lincoln Daley U� S,')-ob'5 Town Planner P(978)688-9535 F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Cleric. Date: July 22, 2005 Date of Hearings: June 21 -July 5, 2005 Petition of: Sudarshan Chatterjee,M.D. 55 South Bradford Street, North Andover,MA 01845 Premises Affected: Lot#4,Willow Street, North Andover, MA 01845 Map 25, Lot 4. Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 8.3, 10.3 of the North Andover Zoning Bylaw for a Site Plan Review Special Permit so as to allow for the construction of a proposed 3 story office building approximately 7200 s.f with garage underneath to be used as ground floor. Property is located within the B4 zoning district. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Review Special Permit,upon a motion made by Alberto Angles and 2d by James Phinney with language as amended, vote was unanimous 4-0. Signed: Z,/ Lincoln Mey, T Planner cc: Applicant Engineer Richard Nardella, Chairman Abutters John Simons, Vice Chair Town Departments James Phinney, Clerk Alberto Angles • 1,1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688.9530 REALTH 688-9540 PLANNING 688-9535 ` Site Plan Review-Special Permit Map 25, Lot 4 Lot##4 Willow Street July 19,2005 The Planning Board herein approves the Site Plan Review Special Permit for the construction of a 7,200 +/- s.f 3-story office building. The building will be located in the General Business Zoning District (GB) and shown on Map 25 Parcel 4, which is approximately 2.97 acres (129,373 s.f.) in size. with garage underneath to be used as ground floor. The proposed site will be office space for medical services. The proposed building will be steel and brick and will blend with the surrounding structures, while being sensitive with landscaping, The Site Plan Review Special Permit was requested by Dr. Sudarshan Chatterjee, M.D. of North Andover, MA. The application was filed with the Planning Board on May 20, 2005. The applicant submitted a complete application, which was noticed and reviewed in accordance with Sections 8.3, 10.3, of the Town of North Andover Zoning Bylaw and M.G.L. Chapter 40A, Section 9 & 11. 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 project as it is located in the GB zoning district involving the construction of a permitted use of a 7, 200 s.f., 3-story office building and parking lot consisting of 34 spaces. The North Andover zoning bylaw Section 3 (zoning districts and boundaries)allows business offices within the GB zoning district. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided at the rear of the site to provide adequate screening for abutting properties. All plantings and screening depicted on the approved plans, Sheet S-3, Erosion Control & Landscaping Plan, dated September 24, 2004 (Revised 4/25/05), reference herein shall remain in perpetuity over the life of the project. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that the proposed improvements will not increase traffic flow at the building. 4. The landscaping as previously 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, Vanasse, Hangen Brustlin, Inc; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw with the exception of waivers granted within the Special Conditions. 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 8. 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 Page 2 of 7 i 1 Site Plan Review-Special Permit Map 25,Lot 4 Lot#4 Willow Street July 19,2005 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. Environmental Monitor: The applicant shall designate an independent environmental monitor 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. 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 construction 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 duration 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. 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a. The final plan must be reviewed and approved by the 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. b. A bond in the amount of$5,000.00 must be posted for the purpose of insuring that the completion of the work is in accordance with the Plans approved as part of this approval. The bond must be in a form acceptable to the North Andover Planning Board: Items covered by the bond may include, but shall not be limited to the following: i. As-built drawings; ii. On-site sewers and utilities; iii. Topography and grading; iv. Curb Cuts; v. Parking spaces vi. Lot and site erosion control; vii. Site screening and landscaping; viii. Drainage facilities. 4. Prior to the start of construction: a. A construction schedule shall be submitted to the Town Planner for the purpose of tracking the construction and informing the public of anticipated activities on the site. Page 3 of 7 I Site Plan,Review- Special Permit Map 25,Lot 4 Lot #4 Willow Street July 19,2005 b. During construction, the site must be kept clean and swept regularly. c. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, 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. Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. e. The applicant shall provide the Planning Board with copies of permits, plans and decisions received from all other town boards, commissions or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Special Conditions. 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: i. 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 Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 6. Prior to verification 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 Town Planner shall approve all artificial lighting used to illuminate the site. 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 Town Planner shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Town Page 4 of 7 Site Plan Review-Special Permit Map 25,Lot 4 Lot#4 Willow Street July 19,2005 Planner 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 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 Departm( rrt. d. Any revisions to the approved signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. All additional permits must be obtained by the applicant prior to construction, 7. Prior to the final release of security: a. The Town Planner shall review the site. Any screening as may be reasonably required by the Town Planner 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 Town Planner and the Division of Public Works. 8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Town Planner. 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 must be fenced off 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 hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and 8:06 am 5:00 pm 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 (by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity). The replacement plants shall match the size and species as referenced in Condition#2. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. Page 5 of 7 ' I Site Plan Review- Special Permit Map 25,Lot 4 Lot#4 Willow Street July 19,2005 12. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 13.No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 14. 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. 15. All snow storage is to be removed from the site and no snow shall be dumped into the detention basin or adjacent to the wetland, Per order of conditions by the Conservation Department as well as by the Planning Board. 16, 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. 17. The project must be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 18. This Site Plan Review Special Permit approval shall be deemed to have lapsed after July 19, 2007 (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. 19. The following waivers from the Section 8.3.5.e of the North Andover Bylaw have been GRANTED by the Planning Board: a. A waiver to Section 8.3.5.e.v. has been granted to waive the requirement of providing two-foot (2') contours on the plan. The existing topography and level grade on the site prevents this detail from being added. b. A waiver to Section 8.3.5 has been granted so as to allow the applicant to include a traffic statement to the Technical Supplement based on the ITE Trip generation guidelines. c. A waiver to Section 8.3.5 has been granted to waive the requirement of identifying site trees over 12" in diameter. 20. The following information shall be deemed part of the decision: Plan Titled: Site Development Plans for Willow Street Page 6 of 7 r I Site Plan Review- Special Permit Map 25,Lot 4 Lot#4 Willow Street July 19,2QQ5 Map 25, Parcel 4 Prepared for: Dr. Sudarshan Chatterjee 55 South Bradford Street North Andover, MA 01845 Prepared By: CAQ Engineering Associates, Inc, 236 Pleasant St,, Suite 22, Methuen, MA 01844 Carlos A. Quintal, Registered Professional Engineer #30912 .Scale: V= 20' Sheets: S-1 thru S-6. Al thru A3 Date: 9/24/2004/revised 11/8/04, 1/27/05, 2/15/05, 3/21/05, 4/25/05 i Page 7 of 7