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Home My WebLink About2023-12-19 Limited Site Plan Review Decision Bk 17901 Pg146 #21071; 12-21-2023 @ 12 : 10p i ,.'own of Andover r n.,.,� �0 Office of the Flanning Department "; Pi•. COMW tniiy DeveloPmeut and Services Division Or 120 Main Street i10RT;•1 A 14(1 CR North Andover,Massachusetts 01845 c.`€' "ISE-IrTS NOTICE OF DECISXON LI 4URD SITE PLAN REVIEW ? Date: Deo6mber 19,2023 Date of bearing: December 19,2023, Date ofDeelsion; De-eember 19,2023 Petition of; 220 Sutton Street,DLC � 200 Sutton Street North Andover,MA 01845 r Premises Affected; 220 Sutton Street,North Andover MA,01845 Assessor's Map 39 Lot 24 Referring to the above application for a Limited Site Plan Review Article 8 Supplementaky Regulations, Part 3 Site plan Review and Artiole 10 AdmiMstration 195-10.7 of the North Andover Zoning Bylaw. ; Applicant proposes eonstmotion of a 4,230 SF tenant aroa within an existing building to be used as a day care faollity. The facility is planning for 9 toddlers(2 3 years old),20 preschoolers(4+years old),and 7 infants(2+months old). The Site is located in the Business 2 zoning district. s After a public hearing given,on the above dates,and upon a motion by S.Revlahan and 2"d by J. Simons to APPROVE the Limited Site plan Review,as amended,and subject to the following condition$.Vote'w&s(4- 0)in favor of the application. -Al i I i r dean Enright , On behalf of the North Andover Planning Board ' Eita .Goldberg,Chairman F Sean Kevlahan i Peter Boynton rohn Simoris 3 •A.;nu�e�pY , . • ; 1' ot 'u" ','',. 1 Bk 17901 Pg147 #21071 220 Sutton Street,Map 39,ILot24 Limited Site Plan Review j Construction day care facility December 19,2023 The Planning Board herein APPROVES the Limited Site Plan Review decision to allow for the construction of a 4,230 SF tenant area within an existing building to be used as a day care facility. The faoility is planning for 9 toddlers(2-3 years old),20 preschoolers(4+years old),and 7 infants(2+months old), .The Site is located in the Business 2 zoning district.The Project is located at 220 Sutton Street, North Mdovex,Massachusetts, 01845,.Assessor's Map 39 Lot 24,This Limited Site Plan Review was F requested by the 220 Sutton Street,LLC and Charles T.Matses(Owner)and Applicant,220 Suttan E Street,LLC,220 Sutton Street,North Andover,MA 01845. The application was filed by the Applicant o with the Planning Board on November 21,2023. The Applicant submitted a.complete applioation,whioh was noticed and reviewed in accordance with the requirements of the North Andover Zoning Bylaw, j Article S Supplementary Regulations,Part 3 Site Flan Review,Article 10 Administration Section 195-10.7 i and MOL Ch.40A,Seo 9, The publio hearing on the above referenced application was opened on. December 19,2023 and closed on December 19,2023. !! The.Planolug Board voted unanimously(by a vote of 4-0)to grant the Limited Site Playa Review decision. ; { This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT; M NDItNGS OF FACT 1) The project Is considered a day care facility use,and is subject to MQL Chapter 40A Section 3, otherwise known as the"Dover Amendmonf'(see email dated November 14,2023 from Paul Hutchins,Building Commissioner/Zoning Enforeament 0ffleer,to Alex Matses). As such,the Planning Board's authority is limited to reasonable consideration of structure bulk, ' height,yard sizes,lot area,setbacks,open space,parldng and building coverage. t 2) he s ecc Site is an appEWri tolocation foLUch a use structure or co The specific Site is an appropriate location for the Project as it is located in the Business 2 j zoning district and corfbrnns with both the use and dimensional requirements of'this district. 3 The use as de eI a ill njLt adversely affect the net hborhaod character, Existing building is consistent with surrounding buildings. The,Project Is located in a mixed use building that contains multiple tenants.Existing commercial uses surround the property; 4) There will be no nut ce or serious hazard to ve ides ox pedestrians. The Applicant has demonstrated consideration for Site safety for vehicle traffic,drop- i off/plck up procedures,parking,and pedestrians. 5) Adequate and a ro riate facili es ill be ov ded far t e a er a arc ion of e PM posed use. The Project is adequately serviced by necessary facilities and utilities to address the needs of the Project. i G) a use is in harmony with the a eral purpose and intent of this Zoning�B law. The Project allows for the use of are existing building,existing access/egress,adequate fire/safety access,causes no harm to any resource areas,The Project,as shown on the,flans, will comply with the North Andover Zoning Bylaw. 7 2 i Bk 17901 Pg148 #21071 220 Stratton Street,Map 39,Lot 24 Limited Site Plan Review Construction day acre facility December 19,2023 i 7) The application was reviewed by'T'own staff as evidenced by email communications from ' Amy Maxner,Conservation Administrator,dated November 21,2023,Lt.Bob Rilooyne,Fire Prevention Officer,dated December 06,2023. LWTl D S)C'!'E PLAN RR VMW FOR R M- IGIIOUS USES,lEDUCAMONAL'U'SES AND LLD ' I CAPS' F'ACELITYES 's The purpose of Lin)ited Site Plan review is to ensure that all religious and education uses,and all child care facilities are reasonably regulated in regards to bulk and height or structures and determining yard sizes,lot area setbacks,open space,paring and building coverage requirements,The planning Board has the authority to place reasonable conditions on the aforementioned issues but ate not permitted to E withhold approval of Limited Site Plan Review where there is an inability to satisfy proposed reasonable j regulations. In reviewing the Limited Site plan Review application for religious uses,educational uses and child care 1 facilities,the following issues shall be considered: ' P a) Relationship of the bulk of structures and adequacy of open spaces to the natural Iaodscape,existing buildings and other community assets in the area and compliance } with other requirements of'this Bylaw,which includes,but is not limited to,building coverage requirements,yard sizes,lot areas and setbacks; ! The Board finds that the size,bulk and height of the existing building is consistent with the surrounding existing buildings in the general area.The project proposes construction of tenant space within an existing building. b) Physical layout of the plan as it relates to convenience and safety of'vehicular and pedestrian movement within the Site,the location of driveway openings in relation to traffic or to adjacent streets and,when neoessoxy,ebrnplianca with other regulations for the handicapped,minors and the elderly; i The project utilizes the existing access drive along the side of the existing building and an egress drive which conneots to Charles Street. The existing Site complies with ; regulations for handicapped,minors,and the elderly. c) Adequaoy of the arrangement of parking and loading spaces in relation to the proposed rises of the premises; The Site provides 129 parking spaces. Existing tenants include Buono Bistro restaurant, 1 Best Cleaners,and Northeast Rehabilitation. The combined required parking spaces for j these three tenants total 105 parking spaces. The proposed dayowe requires an i additional 15 parking spaces,bringing the total required spaces to 115 vs,the 129 existing spaces provided, Child drop-off is predominantly spread out from 7:30 am to 9.00 am in the lobby area. After families drop-off their ohildren and check in using a mobile phone platform,staff j will be responsible for greeting the children and guiding them to their assigned i I 3 i Bk 17901 Pg149 #21071 220 Sutton Street,Map 39,Lot 24 Limited Site Plan Review ; Construction day care facility Noernber 19,2023 classroom. Fick up is spread out from 3:30 pinto 5:00 pm. Staff will bring the child to tl�e lobby area for pick-up. Only the lobby door will bo used for check in and check- out. Other doors will be used for emergency exit only. d) Physical lighting of the Site,especially the adequacy of the method of exterior lighting for convenience,safety and security within the Site and for protection of neighboring properties,roadways and the night sky; Existing building lighting and parking Iot lighting are proposed. e) Protection of adjoining premises against seriously detrimental uses by provision for surface water drainage; The Project utilizes an existing building with no proposed changes to the,building footprint, No stormwater management improvements are proposed. f) Adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the Site; i No new refuse areas are proposed fox the existing building. g) Adequacy of fire protection measures,and; ' No changes to existing access/egress drive lanes are proposed. Per U.Kilcoyne's email correspondence dated December 6,2023,the Fire Department has no issues of concerns at this time with the Project as proposed. h) 7ncorporatioa of sustainability and resiliency principles into the Site design that results in,a plan that is responsive to the environment and actively contributes to the development of a more sustainable community. No new sustainability and/or Kesilienoy principles are proposed to be incorporated into the existing Site design, i This Limited Site flan Review declsion was issued subject to the following conditions: 1 SPECLAL CONDITIONS: 8) For the purposes of the decision, the Planning Board approves the following Permit Definitions; a) The"Locus"or"Site"refers to the parcel of land with land fronting on Sutton Street shown on Assessor's Map 39 Lot 24 and known as 220 Sutton Street, North Andover, Massachusetts 01845. b) The"Plants"refer to the Plans prepared by RP Architectural Studio, 78 Highland Circle, Wayland,MA 01778 entitled"220 Sutton/toad--Daycare Pit-out",dated August 7,2023, Sheet Al.I and Plan entitled"Functional Floor Plan",prepared for TenantNortheast Rehab Network,70 Butler Street,Salem,NTH 03079, ff' o) The "Project" refers to the proposed construction of a 4,230 SP tenant area within an existing building to be used as a day care facility. The facility is planning for 9 toddlers (2-3 years old),20 preschoolers(4+years old),and 7 infants(2+months old). The Site is located in the Busfness 2 zoning district. f 4 Bk 17901 Pg150 #21071, 220 Sutton Street,Map 39,Lot 24 ; Limited Site plan Review Construction day care facility December 19,2023 d) The "Applicant" refers to 220 Sutton Street, LLC, and the Owner refers to 220 Sutton Street, LLC, and Charles Matses, in this I.,imited Site Plah ERevlow decision, and its successors and assigns. e) 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. 9) Pour to Six parking spaces within the angled spaces along the side of the building shall be � dedicated as drop-off/pick-up parking spaces for the day care facility. 10) The planning Director shall approve any changes made to these Plans. Any changes deemed substantial by the Town Planner would require a public meeting to review the modification to the Limited Site Plan Review decision by the Planning 1.3oard in accordance with Ch. 195-8,17 of the Zoning Bylaw. PRIOR TO XSSUANCE OF SITE WORX,l3VMDING pERMXT,OR CONSTRUCTION F 11) If applicable,the Applicant will provide copies of all Decisions,Notification,and Orders of Conditions from the North Andover Conservation Commission, 1 F 12) Two(2)copies of the signed,recorded decision and with endorsed plans attached must be delivered to the Planning Department. PWOR TO A CERTIFICATE OF OCCUPANCY 13) The Applicant must submit a letter from the Project engineer 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. s' F GENB AL CONDITIONS i 14) Any plants,tree,shrubs,or fencing that have been incorporated into the Plans approved in this ! Notice of Decision that die or fall into disrepair must be replaced by the Pxojeot Owner in ' perpetuity. 15) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation, i 16) Gas,Telephone,Cable and Rleetric utilities shall be installed underground as specified by the respective utility companies, l 7) The hours for constructions shall be limited to between 7:00 a.m.and 5:00 p.m.Monday through I Friday,and between 8:00 a.m.and 5:00 p.m.on Saturday. f l 8) No open burning shall be done except as is pennitted during burning season under the Fire # Department regulations. ! 19) 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. I 20) Any action by a Town Board,Commission,or Department,which requires changes in the i Plans or design of the building,as presented to the Planning Board,may be subject to , modification by the Planning Board. 1 1 5 � I ' I Bk 17901 Pg151 #21071 220 Sutton Street,Map 39,Lot 24 Limited Site Plan Review Construction day care facility k Deoember 19,2023 21) The Planning IJfrector shall approve any changes made to these Plaits. Any changes deemed substantial by the Town Planner would require a publio meeting to review the modification to the Limited Site Plan Review decision by the Planning Board it accordance with Ch, 195- 8.17 of the Zoning Bylaw. 22) The following information shall be deemed part of the decision: r i Plan titled.; 220 Sutton Road—Bay Care Pit-,out j Prepared by: RP A.rchiteotural Studio 78 Highland Cirole , Wayland,MA 01778 i Streets: Al.I Rate: August 7,2023 1 Plau titled: Functional Floor Plan Prepared by: RP Atchitectuml Studio j 78 Highland Circle Wayland,MA.01778 Prepared:for: Tenant Northeast Rehab Network i 70 Butler Street f Salem,NH 03079 i i Applicant Engineer [ Abutters Owner i i k 1 7 i s k I 3 t f i i 6 I I it „ Bk 17 901 Pg152 #21071 IWM ?Tli0l4t,L�l HVN�1 J�w�E•1A�'ON 1 i I i �X`td1,OQfNlt1U6H'd5ritts}�1.11154�� '� II aa�o�ron�sct�u .� � i .CSA'OJJfl9 i 1 2 � i { a r i f � Bk 17901 Pg153 #21071 VW E4enopUV 4VQN i�o-ild arasdv<O.paaa uoNn�QZ� � a � k � • i R i B v � jot eq8 �` �f o loll INN _v R f u$j.j ] i i .1 M. PAuL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEbs 4-RECORDED