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Home My WebLink About2021-03-16 Recorded Decision Common Driveway SP Bk 16872 Pg31 #12014 Town of North Andover Office of the Planning Department 0 4--12--2 0 21 10 : 5 2 a Coiiamunity Development and Services Division 120 Mairi Street North Andover, Massachusetts 01845 NOTICE OF DECISION COMMON DRIVEWAY SPECIAL PERNRT Any appeal shall be filed within(20) days after the This is to certify that tweet'(20)days date of ding this notice in have elapsed „date of docislon the office of the Tower ClerlL wWx>ut filing of tr a 1. Date: March 16,2021 , Date�� .y-W 1 l Public Hearings- March 16,202 in Cleric Date of Decision: March 16, 2021 Petition of: Crosspoint Associates,Inc 188 Needham Street,Suite 255 Newton,MA 02464 Premises Affected. 419 and 435 Andover Street North Andover,MA 01845 Assessor's Map 24,Lot 32&39 Referring to the above petition for a Common Driveway Special Permit from the requirements of the North Andover Zoning Bylaw,Article 2 Definitions, §195-2.2,Driveway, Article 10 Administration, §195-10.7. So as to allow the construction of three(3)common driveways to serve two(2) lots within a commercial redevelopment Project of 419 and 435 Andover Street,within the General Business(GB)Zoning District. After a public hearing given on the above date,and upon a motion by John Simons and 2nd by Aaron Preston to APPROVE the Common Driveway Special Permit, and based upon the following conditions.Vote was 5- 0 unanimous in favor of the application. On behalf of�he North Andover Planning Board .Bitan Goldberg, Chair John Simons Aaron Preston Peter Boynton Kate Bargnesi ATr0*t: ATrue Copy Town Ckd 1 Common mon Driveway Special Permit Bk 16872 Pg32 #12 014 419&435 Andover Street-Crosspoint Associates,Inc. March 16,2021 The proposed Common Driveways are located within a commercial redevelopment Project located at 419 &435 Andover Street,North Andover,Massachusetts,01845,Assessors Map 24 Sots 32 and 39.This Special Permit was requested by Crosspoint Associates,Tue. 188 Needham Street,Suite 255,Newton, MA,02464.The AppIicant submitted a complete application which was filed with the,Planning Board on February 24,2021 and noticed on March 8 and March 15,2021. The public hearing on the above referenced application was opened on March 16,2021,and closed by the North Andover Planning Board X,and reviewed in accordance with Article 2 Definitions, §195-2,2,Driveway,Article 10 Administration, §195- 10.7 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The Planning Board voted unanimously(by a vote of 5-0) in favor to grant the Common Driveway Special Permit, A special permit issued by the planning,board as special permit granting authority requires a vote of at least four members of a five-meruber board. The Applicant is hereby notified that should the Applicant disagree with this decision, the Applicant has the right,under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. xn accordance with Article 2 Definitions, §195-2.2, Driveway, Article 10 Administration, §195-103 the Planning Hoard makes the fording that the intent of the Bylaw,as well as its specific criteria,is met. This decision specifically stated by the Naming Board makes the following FMINGS OF FACT: 1) Permit Definitions: a) The"Locus"or"Site"refers to the 81,426 SF parcel or land and the 35,560 S1~parcel of land as shown on a portion of Assessors Map 24,Parcels 39 and 32 respectively, and also known (aWa)as 419 Andover Street and 435 Andover Street,North Andover,Massachusetts, b) The "flans"refer to the plans prepared by Bohler Engineering. dated October 22, 2020 and revised December 8,2020,December 21,2020,and March 5,2021 consisting of Sheets C-101, C--102, C-201, C-301, C-401, C-501, C601, C-602, L-100, L-101, L-200, C-901, C-902, C- 903, C-904, C-905 and 1 of 1,titled"Proposed Site Plan Documents for Crosspoint proposed Site Plan.Development Location of Site: 419 &435 Andover Street Essex County Town of North Andover,Massachusetts Map 24,Lots 32&39". c) The"Project"refers to the redevelopment of the properties located at 419 and 435 Andover Street by demolishing the existing Ethan Allen and the Bliss Spa and Salon building and constructing two smaller buildings with a total square footage of 10,852 SF to horse ziew commercial tenants. Four businesses are proposed on the property:the existing Bertucei's Restaurant,a coffee shop,a medical office,and a bank. Both the coffee shop and bank include drive-thru operations.The Site design includes new lights throughout the property as well as an outdoor patio adjacent to the coffee shop, the installation of an improved stormwater mitigation system, and improved landscaping. The Project is located within the General Business Zoning District. d) The"Applicant"refers to Crosspoint Associates,Inc,, 188 Needham Street,Suite 255,Newton, MA 02464,the Applicant for the Special Permit,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 ovvrAer. 2 Common Driveway Special Permit Bk 16872 Pg3 3 #12 014 419 &43 5 Andover Sheet—Crosspoirxt Associates,Inc. March 16,2021 2) As part of the traffic enhancements proposed for the Site,tbree common driveways servicing both of the commercial parcels have been proposed. Such common driveways are designed to minimize driveway cuts onto Route 125 and Route 114,The common driveways enhances safety for motorists entering or exiting the Site and enhances safety for motorists and others driving by the Site. 3) The application adheres to the bylaw restriction that no more than two(2)lots be,serviced by the common driveway. 4) The specific Site is an appropriate location for access to the lot given the current and projected traffic on the roadway and the site distance to adjacent driveways and roadways. 5) The specific location of the common driveway is appropriate as to integrate both the commercial parcels comprising the Site. 6) The design and location will not adversely affect the neighborhood. 7) There will be no nuisance or serious hazard to vehicles or pedestrians. 8) Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and the use is in harmony with the general purpose and intent of this Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following Special Conditions: 9) Any changes made to these plans must be approved by the Town]Planner. Any changes deemed substantial by the Town planner would require a public hearing and a modification by the Planning Board. 12)All special permits granted under section,Article 2 Defiazitions, §195-2.2,Driveway,Article 8 Supplementary Regulations,Part 1 and Part 3,and Article 10 Administration, §195-10.7 of the Town of North Andover Zoning Bylaw for this Site shall also be considered as part of this Decision. PRIOR TO ANY SITE W ORX�AND CONSTRXJUCUON 13)All erasion control devices must be in place as shown on the plan. 14) The decision of the Planning Board roust be recorded at the North Essex Registry of Deeds and two (2)certified copies of the recorded decision must be submitted to the Planning Departmeat, L 15)A construction schedule must be provided to the Planning Department. ,PRIOR TO A BUILDING]PERMIT 16)This Site shall havo received all necessary permits and approvals from the Notch Andover Board of Health,Conservation Coannuission and the Department of Public Works. 17)Applicant shall submit draft documentation concerning a declaration of cross-easements, restrictions and covenants,or equivalent,between the 419 Andover Street(Map 24,Lot 39)and 435 Andover Street(Map 24,Lot 32)which shall identify obligations for construction, maintenance;stormwater mauagernent and other requirements for the access/egress driveways, sidewalks,parking spaces,common area maintenance areas,and landscaping to the Planning Department,DPW and Town,Counsel for review and approval. 3 Commkoa Driveway Special Permit Bk 16872 Pg3 4 #12 U 14 419&435 Andover Street--Crosspoint Associates,Inc, March 16,2021 GENE12.A L CONDITIONS 1 S)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 19)Gas,telephone,cable,and electric utilities shall be installed as specified by the respective utility companies. 20)No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 21)No underground fuel storage shall bs installed except as may be alloyed by Town Regulations, 22) The provisions of this conditional approval shall apply to and be binding upon.the A.pplieant,its employees and all successors and assigns in interest or control. 23)pursuant to the North Andover Zoning Bylaw Section 195-10.7(3)this Site flan Review Special Permit shall be deemed to have lapsed after March 16,2023 (two years from the date the permit is granted),exclusive of the time required to pursue or await determination of any appeals,unless substantial use or construction has commenced within said two-year period or for good cause as determined by the Planning Board. 24)The following information shall be deemed part of the dccision: Plan titled: Proposed Site Plan Documents for Crosspoint proposed Site Plan Development Location of Site: 419 & 435 Andover Street Essex County Town of North Andover,Massachusetts Map 24,Lots 32&39 Prepared for: CrosspoiatAssociates,Inc. 188 Needham Street, Suite 255 Newton,MA 02464 Prepared by: Bohler Engineering 45 Franklin Street,5"Floor Boston,MA 02110 Scale: 1"=20' Bate: October 22, 2020, Revised December S, 2020, December 21, 2020, and March 5, 2021 Sheets: C-101, C-102,C-201,C-301,C-401,C-501,C601, C-602,L-100,L-101,L-200, C-901,C-902,C-903,C-904, C-905 and 1 of i Stormwater Managemeut Report Prepared by: Bohlen Engineering 45 Franklin Street,5"Floor Boston,MA 02110 Prepared for. CrosspointAssociates,Inc. 188 Needham Street,Suite 255 Newton,MA 02464 Dated: October 22,2020 4 Common Driveway Special Permit Bk 16872 Pg3 5 #12 014 419 &435 Andover Street—Crosspoint Associates,Inc, March 16,2021 Stormwater Operation and Maintenance Plan Prepared by: Boller Engineering Prepared for, Crosspoint Associates,Imc. Dated: October 22,2020 Etevations Prepared by: Phase Zero Design.(Building A) Dated: November20,2020 Prepared by. Philadelphia Sign(Building B) Dated: November 17,2020 Transportation Impact Assessment Prepared by; Vanasse&Associates,Inc. Prepared for: Crosspoiut Associates,Inc. Dated: October 2020 cc: Engineer Attorney Applicant Abutters Town Clerk j 1 i I 1, 5 R. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS EII i i i