HomeMy WebLinkAbout2020-10-06 Recorded Decision SPR Bk 16587 Pg70 #30816
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PLANNING DEPARTMENT
Community Development Division.
120 Main Street
North Andover,l4Xassaehusetts,01845 'ttdStctoce+6fY(d
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NOTICE OF DECISION MOW sung of
A SITE PLAN REV7�W SPECUL PERAUT rWy L -,%oi �
ny appeal shall be filed 7um Cis
MOW(20)days after the
dale of filing this notice in
the office of the Town Clerlr.
Date; October 6,2020
Date of Rea rings; September 1,September 15,
2020 and October 6,2020
Date of l0eeision; October 6,2020
Petition of; Muffin 3N,LLC
clo Michael Ogan,lxecutive'Vice President
335 Willow Stroct
North Andover,M6; 01845
Prernfses Affected; 335 Willow scree;
Assessors Map 25 Lot 74
Referring to the above peti6otl for a Site Plan Review Spacial permit from the requirements of the North
Andover Zoning Bylaw,(Article 8,pan 3 [Site Plan Review]and Miele 10,§ 195-103A(Spacial Penn it
-Gancraij,of Chapter 195•-North Amdgver Zoning Bylaw)and MCM c.40A,$or,9,so as to allow for
the construction of two additions onto the existing structure totaling 8,708 SI',with associated upgrades to
parking,utilities,stormwater managomont,lighting,landscaping and other associated improvements,This
Project i$locatad within the M Toning District.
After a public bearing given on the above date,and upon a Motion by A.Preston and 2 d by K,Dargaesi to
APPROVE the Site Plan Rvi iew Special Permit,as rttneno:14 and based upon the MIONs*condition s,'Vote
was 5-0 in favor of the application.
On behal of the North Addover Planning Board
Eitan Goldberg,Chairman
Kelly Cormier
Porcr Boynton
Kate Bargae3i
Aaron PresWn
A'rrr M
ATM*CvV
TdNA ONE
1
Muffim 3X,LLC
c/o Michael Ogan, Executive Vice President
335 Willow Street
North Andover, MA 01845
Map 25 Lot 74
Site flan Special Permit
The Public Hearin on the above referen
ced raced application was opened on September 1, 2020 and closed by the
North Andover Planning Board on October 6,2020.
On October 6,2020,upon a motion made by A.Preston and a second by K.Bargnesi to APPROVE,
as amended, a Site Plat.Review Special permit so as to allow for the construction of two additions onto
the existing structure totaling 8,708 SF,with associated upgrades to parking, utilities,stormwater
management, lighting, landscaping and other associated improvements. This Project is located within the
I-1 Zoning District. This Special Permit was requested by Muffin 3X,LLC, c/o Michael Ogan,Executive
Vice President, 351 Willow Street,North Andover,MA 01845 on July 30, 2020. The Applicant
submitted a complete application, which was noticed and reviewed in accordance with the North Andover
Zoning Bylaw, (Article 8,Part 3 [Site Plan Review] and Article 10, § 195-10.7A [Special Permit-
General], of Chapter 195 --North Andover Zoning Bylaw) and MGL c. 40A, Sec 9. The motion to
approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this
decision.
The Planning Board vote was 5—0,unanimous,in favor. A special permit issued by the special permit
granting authority requires a vote of at least four members of a five-member 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.
The Planning Board makes the finding that the intent of the Bylaw,as well as its specific criteria are met, This
decision specifically stated by the Planning Board makes the following FINDINGS OF FACT:
FINDINGS OF FACT:
1) The specific Site is an appropriate location for the Project as it is located in an industrial park and {
proposes an expansion of an existing building, adjacent to abutting property owned by the Applicant,
allowing for the expansion of the business operation with similar proposed uses of manufacturing and
warehousing. The proposed expansion is appropriate for the Site in that the expansion still allows for
the required off site parking space requirement and entails improvements to the landscaping and
stormwater management system.
2) The Project has been reviewed by the Town's Stormwater Review consultant, Horsley Witten, and with
the application of erosion control measures and modifications to the drainage and stormwater management
designs,the Site drainage system and stormwater management design are designed in accordance with the
Town Bylaw requirements and Best Engineering and Management Practices. (See correspondence from
Horsley Witten dated August 13, 2020, September 17, 2020 and The Morin-Cameron response to peer
review correspondence dated September 14,2020).
3) The Project has been satisfactorily reviewed by the Police Department(confirming email Lt.Lanen dated
Aug. 5,2020 and September 21, 2020),the Fire Department(confirming email Lt. Michael Beirne dated
July 30,2020 and September 21,2020),DPW(T.Willett confirming email August 5,2020 and September
22,2020).
2
Muffin 3X,LLC
c/o Michael Ogan, Executive Vice President
335 Willow Street
North Andover, MA 01845
Map 25 Lot 74
Site Plan Special Permit
1,
4) A Notice of Intent was filed with the Conservation Commissions on July 30,2020 and the hearing for which
was opened on August 12,2020;
5) On Friday, October 2, 2020 the Planning Board received email correspondence from Christine &
Michael Lewis, 24 Kathleen Drive regarding concerns related to noise. The concern was described as
constant fan noise produced by the most recent expansion of 351 Willow Street(a Bake N'Joy Facility)
which has made living in this location unpleasant.Additional noise issues were described coming from
production runs,noise fi•om freezers and other machines on top of the constant fan noise. The residents
acknowledge that they are pleased with the attention to the matter shown by Stephen Casey (North
Andover Health Department) and Nick Greene, (Bake N' Joy Employee Health & Safety Program.
Manager).
6) On Monday, October 5, 2020 the Planning Boad received email correspondence from Stephen Casey
Jr.,Health Inspector,which provided a detailed explanation of actions taken to assess the situation and
what the next steps will be.
7) The use as developed will not adversely affect the neighborhood as the Site is located within and
industrial park and the proposed uses of manufacturing and warehouse are of a similar nature as the
previous uses of warehouse and office space. All plantings and screening depicted on the approved
plans referenced herein shall be maintained in perpetuity over the life of the Project;
8) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a
significant impact on pedestrian safety and vehicular circulation within the Site as the Project will add
parking spaces through reconfiguring and re-striping of spaces in order to meet the off-street parking
requirement.
9) The;Planning Board also makes a specific finding that the use is in harmony with the general purpose
and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board
approves this Special Permit based upon the following CONDITIONS:
SPECIAL CONDITIONS:
10) Permit Definitions:
a) The "Locus" or "Site" refers to the 156,129 SF parcel of land with land fronting on Willow
Street as shown on Assessors Map 25, Parcel 74, and also known as 335 Willow Street, North
Andover,Massachusetts.
b) The "Plans" refer to the plans prepared by The Morin-Cameron Group, Inc., 66 Elm Street,
Danvers, MA 01923, entitled "Site Re-Development Plans, 335 Willow Street, North Andover,
Massachusetts (Assessor's Map 25. Lot 74)", dated July 29, 2020 as most recently revised on
September 14, 2020, consisting of Sheets 1 through 11, along with an associated Stonnwater
Management Technical Report dated July 29,2020.
c) The "Project"refers to the construction of two additions onto the existing structure totaling 8,708
SF, with associated upgrades to parking, utilities, stormwater management, lighting, landscaping
and other associated improvements. This Project is located within the 1-1 Zoning District.
3
Muffl"3X,LLC
c/o Michael Ogan, Executive Vice President
335 Willow Street
North Andover, MA 01845
Map 25 Lot 74
Site Plan Special Permit
d) The "Applicant" refers to Muffin 3X, LLC, c/o Michael Ogan, Executive Vice President, 351
Willow St.,North Andover, MA 01845, the Applicant for the Special Permit, its successors and
assigns. I
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.
11) The proposed development must not have any adverse impact on the surrounding area resulting from
excessive noise, dust, smoke, or vibrations which exceed allowable levels defined by applicable State
and local regulations.
12) The commercial use shall comply with the applicable state air pollution control regulations and policies
in connection with sound levels.
13) All outdoor lighting shall be designed so as not to adversely impact surrounding uses and residential
properties,while also providing a sufficient level of illumination for access and security purposes. Such
lighting shall not blink, flash,oscillate or be of unusually high intensity of brightness.
WAIVER:
In accordance with §195-8.14.0 of the North Andover Zoning Bylaw all landscape plans shall be
prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. A
waiver is being sought to allow the Landscape Plan to be prepared by a Registered Professional Civil
Engineer with a background in ecological landscape design and management.
PRIOR TO THE START OF CONSTRUCTION
14) Two (2) certified copies of the recorded decision with signed Plans attached must be delivered to the
Planning Department.
15) Background noise decibel level readings shall be conducted in accordance with recognized and
generally accepted good engineering practices for environmental noise sampling. Baseline noise
decibel level readings shall be conducted over a minimum of one full week, with testing occurring at
several intervals per day. It is noted that the Site is currently not operational and the baseline readings
will not be reflective of the business operation that previously utilized this existing building.
i
16) The developer shall provide the Planning Board with copies of permits, plans and decisions received
from all North Andover land use Boards, including one copy of a recorded Wetlands Order of
Conditions issued under the State Wetlands Protection Act and North Andover Wetlands Protection
Bylaw shall be delivered to the Planning Department.
17) At least 30 days prior to the start of land disturbing activities,the Applicant shall provide to the Planning
Department for review and comment a copy of its Stormwater Pollution Prevention Plan (SWPPP)
prepared in consultation with the Applicants' site contractor(s) and Project engineers. The SWPPP
shall be prepared in accordance with the U.S Environmental Protection Agency's Stormwater
Construction General Permit (USEPA, 2012) and related guidance document entitled "Developing
Your Stormwater Pollution Prevention Plan. A Guide for Construction Operators".
4
Muffin 3X,LLC
C/o Michael Ogan, Executive Vice President
335 Willow Street
North Andover,MA 01845
Map 25 Lot 74
Site Plan Special Permit
18) A detailed 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.
i
19) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of insuring
that the Site is constructed in accordance with the approved plan and that a final as-built plan is
provided,showing the location of all on-site structures. 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
20) In consultation with the Planning Director, the Applicant shall designate an independent
environmental monitor. The monitor shall read, sign, and return to the Town Planner the Letter of
Agreement for Independent Monitors. Upon the start of Site work the monitor shall make weekly
inspections of the Project (any suspension in monitoring due to inactivity on the Site shall be pre-
approved by the Planning Director), provide monthly reports to the Planning Department, and detail
any areas of non-compliance and corrective actions. The monitor will also provide reports following
heavy rain events.The monitor must also be available upon notice to inspect the Site accompanying a
Planning Department designated official.
21) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
22) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The
Planning Department must be contacted prior to any cutting and or clearing on Site.
23) A pre-construction meeting must be held with the developer, their construction employees, Planning
Department, and the Conservation Commission Agent (and other applicable departments) to discuss
scheduling of inspections to be conducted on the Project and the construction schedule.
DURING CONSTRUCTION
24) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner,
throughout the construction process.
25) 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 and fenced off
to minimize any dust problems that may occur with adjacent properties.
26) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular
maintenance,any and all equipment that shall emanate sounds from the structures or Site.
27) It shall be the responsibility of the developer to assure that no erosion from the construction Site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally
ancillary to 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.
5
I
Muffin 3X,LLC
c/o Michael Ogan, Executive Vice President
335 Willow Street 1
North Andover, MA 01845
Map 25 Lot 74
Site Plan Special Permit
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
28) The Planning Staff shall review the Site. Any screening as may be reasonably required by the Planning
Staff will be added at the Project Owner's expense.
29) A final as-built plan showing final topography,the location of all on-site utilities,structures,curb cuts,
parking spaces and drainage facilities, including invert elevations of all stormwater structures,must be
submitted to the Planning Department. The Applicant must also submit a letter from the architect and
engineer of the Project 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. Alternatively,the
Applicant and/or property owner may provide a bond,determined by the Planning Board,to cover the full
amount of the landscaping materials and installation if weather conditions do not permit the completion of
the landscaping prior to the use of the building.
30) Condition#15 of this decision shall be repeated. The testing shall meet the same criteria as specified
in said condition, The results of the testing prior to start of construction and prior to release of the
performance bond shall be summarized and presented to the Planning Board.
31) The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan.
GENERAL CONDITIONS
32) Any plants, tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved in
this decision that die or fall into disrepair must be replaced by the Project Owner in perpetuity.
33) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
i
34) Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by the respective !!�
utility companies. i
I
35) The hours for construction shall be limited to between 7:00 a.m.and 5:00 p.m.Monday through Friday
and between 8:00 a.m. and 5:00 p.m. on Saturday.
36) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations,
37) 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.
3 8) 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.
39) Any revisions shall be submitted to the Planning Director for review. 1f these revisions are deemed
substantial, the developer must submit revised plans to the Planning Board for approval using the
process outlined in Section 195-8.17 (Revision to Approved Site Plan)of the Zoning Bylaw.
6
Muffin 3X,LLC
c/o Michael Ogan, Executive Vice President
335 Willow Street
North Andover, MA 01845
Map 25 Lot 74
Site Plan.Special Permit
40) This Special Permit approval shall be deemed to have lapsed after October 6, 2022 (two years from
the date permit 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.
41) The following information shall be deemed part of the decision:
Plan titled: "Site Re-Development Plans, 335 Willow Street,North Andover,Massachusetts
(Assessor's Map 25.Lot 74)"
Prepared for: Muffin 3X,LLC
351 Willow St,
North Andover,MA 01845
Prepared by: The Morin-Cameron Group
66 Elm Street
Danvers,MA 01923
Scale: As noted
Date: Dated July 29,2020,revised on September 14, 2020
Sheets: 1 through 11
Report: Stormwater Management Technical Report
Prepared by: The Morin-Cameron Group
66 Elm Street
Danvers,MA 01923
Date: July 29, 2020 and as amended per the Morin-Cameron response to peer review
correspondence dated September 14,2020
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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