HomeMy WebLinkAbout2019-07-16 Decision & Authorization Letter-NOT ENACTED Town of North Andover �3 �tN CLERK's OFFICE
• Office of the Planning Department
Community and Economic Development DPI aUL 7 PM 2: 56
120 Main Street
OF
North Andover Massachusetts 01845 T )h'=
NOTICE OF DECISION
SITE PLAN REVIEW
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Cleric.
Date: July 16,2019
Date of Hearings: June 4,2019,
July 16,2019
Date of Decision: July 16,2019
Petition of: Blue Cod Holdings,LLC.
5 Oscars Way
North Reading,MA 01864
Premises Affected: 630 Turnpike Street
North Andover,MA 01845
Map 98.1),Lot 49
Referring to the above petition for Site Plan Review Special Permit, according to the requirements of the
North Andover Zoning Bylaw,Article 8, Part 3 195-8.10 through 8.17 and. 195-10.7 and MGL C40A, See
9.
So as to allow for the construction of a 295 sq.ft. addition with associated Iandscaping and stormwater
improvements. The project is located within the Corridor Development District 2 (CDD 2)Zoning
District.
After a public hearing,given on the above date,and upon a motion by A. Preston and 2nd by J. Simons to
APPROVE the Site Plan Review Special Permit as amended and based upon the following conditions.
The vote was 5-0, in favor of the application.
On Behalf of rth Andover Planning Board
Eitan Goldberg, Chairman
Kate R.Bargnesi
Peter Boynton
Aaron Preston
John Sin-tons
630 Turnpike Sheet(Map 98.D,Lot 49)
Site Plan Review Special Permit
July 16,2019
Page 2 of 9 Page 2 of 8
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The Planning Board herein APPROVES the Site Plan Review Special Permit so as allow for the
construction of 295 sq.ft, addition with associated landscaping and stormwater improvements. The
project is located within the Corridor Development District 2(CDD 2)Zoning District,This Special
Permit was requested by Blue Cod Holdings, LLC. 5 Oscars Way,North Reading,MA 01864. The
application was filed with file Planning Board on March 14,2019. The public hearing on the above
referenced application was opened on June 4, 2019, and closed by the North Andover Planning Board on
July 16, 2019. The Applicant submitted complete applications,which were noticed and reviewed in
accordance with Section 195-8.10 - 8.17, 195-10.7 of the Town of North Andover zoning Bylaw and
MGL C.40A, See. 9.
The Planning Board voted unanimously (by a vote of 5-0) to grant the Site Plan Review 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-member board.
The Applicant is hereby notified that should the Applicant disagree with this decision, the Applicant has
the right, tinder 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 following findings as required by the North Andover Zoning Bylaws
Article 8,Part 3 ,Site Plan Review and Section 195-10.7, the Planning Board makes the finding that the
intent of the Bylaw, as well as its specific criteria, are inet. This decision specifically stated by the
Planning Board makes the following FINDINGS OF FACT:
1. The specific Site is an appropriate location for such a use, structure or condition. The Site is
located within the Corridor Development District 2(CDD2) and is currently used as an office
building.
2. The use as developed will not adversely affect the neighborhood character. The Project provides
appropriate building, landscaping and screening. The character of the architectural style of the
proposed Addition will improve the aesthetic character in the area and will have no negative
impact on the existing building located along Turnpike Street.
3. The use as developed will not adversely affect the neighborhood as the existing building will
remain in the same location. Landscaping is proposed northern Northwestern side of the property
providing a natural buffer between the residential neighborhood and the fueling station.
4. There will be no nuisance or serious hazard to vehicles or pedestrians. Access to the property
will be continue to be from the existing curb cuts on Turnpike Street. Project includes
improvements to the site walkway.
5. Drainage Mitigation calculations(5 pages),prepared by Merrimack Engineering Services,were
submitted on April 15, 2019.
630 Turnpike Sheet(Map 98.D,Lot 49)
Site Plan Review Special Pennit
July 16,2019
Page 2 of 9 Page 3 of 8
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6. The project will also include the installation of a CULTEC storrnwater infiltration drainage
system.
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use,
The building is currently serviced by town water and sewer. The Division of Public Works has
reviewed the application,utilities,and drainage and deemed them to be adequate.
8. The use is in harmony with the general purpose and intent of this Zoning Bylaw.The Project will
substantially enhance the aesthetics of the Site with new building design, landscaping and
screening.
9. The Addition will contain an elevator which will improve ADA access to the building.
10. The Plans have been reviewed by the Conservation Commission who determined that all
proposed work is located outside of the 100' buffer zone. Any work within the buffer zone will
require a filing with Conservation(see email from Ben Curell dated June 4,2019).
11. The Plan have been reviewed by the Fite Department. The lobby, shaft way and mechanical
room will be covered by an automatic sprinkler system Per MGL 148 Section 26G and/or
upgraded fire detection monitoring system,the( see emails from Lt. Michael Beime dated May
13, 2019, 2019, May 14,2019 and email from Michael Dorrington dated May 30,2019).
12. The Health Department Reviewed the Plans and there were no concerns (see email dated May 22,
2019).
13. The Police Department has reviewed the Plan and there were no concerns (see email from Lt.
Daniel Lanen dated May 13,2019).
14. The stormwater management is designed in accordance with the Town Bylaw requirements and
Best Management Engineering and Practices, and the most recent version of the MA DEP
Stormwater Handbook, and has been reviewed by the Town's outside consulting engineer,
Horsley Witten Group, Eric. There were discussions between the Town's outside consultant
engineer and the Applicant related to the overall stormwater system design and Long Term
Stormwater Operations and Maintenance Platt. The proposed runoff from the impervious areas of
the Site will be drained through four(4)permanent CULTECH infiltration system chambers with
6 Inches of stone above and below and 2 feet of stone on all four sides providing 282.96 cf. of
storage which is greater than the required 272 cf. At the time of construction excavate a deep test
hold to verify that the ESHGW is below elevation of 246.74 (See correspondence fi•om Horsley
Witten dated see memo dated March 28,2019,May 17,2019,May 21, 2019 and email from Blue
Cod Holdings, LLC dated June 4,2019).
15. The Applicant has an Architectur•aI Elevation Plan titled"Interior Renovations &Exterior
Improvements"(dated April 8,2019). The architectural features and design has been approved as
consistent with the surrounding area
630 Tumpike Street(Map 98,D,Lot 49)
Site Plan Review Special Permit
July 16,2019
Page 2 of 9 Page 4 of 8
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16, The Fire Department has reviewed the Plan and determined that an automatic fire sprinkler
system must be installed,the fire alarm panel must be tied to the Fine Department radio box,
documentation showing diesel pump suppression system meets UL 1254 must be provided to the 1
Fire Department and during construction, a construction Site Plan that meets 527 CMR Ch 16 as
well as the applicable edition ofNFPA 24 1,will be implemented.
17. The Building Inspector has reviewed the Site Plan and there were no concerns (see email from
Paul Hutchins dated June 21,2019).
18. Finally, the Planning Board finds that this Project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Section 195-8.14, as well as Part 3 Site Plan
Review, 195-10.7. The Planning Board hereby grants an approval to the Applicant provided the
following conditions are met:
PERYHT DE,FINITIONS
19. The"Locus" or"Site"refers to the 44,217 sq.ft. parcel of land with land fronting on Turnpike
Street as shown on a portion of Assessors Map 98.D,Lot 49, and also known as 630 Turnpike
Street,North Andover, Massachusetts.
20. The"Plans"refer to the Plans entitled "Site Plan#630 Turnpike Street", dated February 20,2019,
consisting of 1 Sheet, prepared by Merrimack Engineering Services, 66 Park Street,Andover,
MA 01810.
21. The"Project"refers to the construction of a 295 sq.ft, addition with associated landscaping and
stormwater improvements sq.ft. located on 44,217 +/- sq. ft. of land on a currently developed
parcel within the Corridor Development District 2(CDD2)Zoning District.
22. The"Applicant"refers to Blue Cod Holdings,LLC. 5 Oscars Way,the Applicant for the Special
Permit, its successors and assigns.
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23. 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.
WAVERS
24. The Applicant has requested waivers from the following provisions of the Town of North
Andover Zoning Bylaw, including Section 195-16.5.A(1)Traffic Impact Study, Section 195-
16.5.A(2) Site layout,site design and parking configuration alternatives, Section 195-8.14.E (16)
Landscaping Plan, Section 195-8.14.E (17)—Refuse Areas, Section 195-8.14.E(18), Section
195-8.14.E(22)—Lighting Facilities, Section 195-8.14.E(23)—Community Impact. As part of
this decision,the Planning Board has granted the above waivers, in that it has found that the
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630 Turnpike Street(Map 98.D,Lot 49)
Site flan Review Special Permit
July 16,2019
Page 2 of 9 Page 5 of 8
Applicant has provided sufficient information as part of its application to address all traffic,
fiscal, community and other impacts.
SPECIAL CONDITIONS
25. Any information required and submitted to any agency of the Commonwealth, shall be filed with
the Planning Department.
26. At the time of construction, a deep test hold must be excavated to verify that the ESHGW is
below elevation 246,74. The results must be provided to the Building Inspector and Planning
Board.
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PRIOR TO THE START OF SITE WORK,CONSTRUCTION OR BUILDING PERMIT
27. Two(2)copies of the signed,recorded PIans and Notice of Decision must be delivered to the
Planning Department.
28. In consultation with the Staff Planner,the Applicant shall designate an Independent Construction
Monitor.The monitor shall read, sign, and return to the Staff Planner the Letter of Agreement for
Independent Monitors.The Construction Monitor must be available upon four(4)hours' notice to
inspect the Site with the Planning Board designated official.The monitor shall make weekly
inspections of the Project, provide monthly reports to the Planning Department throughout the
duration of the Project, and detail any areas of non-compliance and corrective actions.
Additionally,the monitor shall assist Town Staff in overseeing the implementation and updating
of the SWPPP throughout the development process.
29. In consultation with the Staff Planner,the Applicant shall designate an Independent
Environmental Monitor.The monitor shall read, sign, and return to the Staff Planner the Letter of
Agreement for Independent Monitors.The Environmental Monitor must be available upon four
(4)hours' notice to inspect the Site with the Planning Board designated official. The monitor
shall make weekly inspections of the Project,provide monthly reports to the Planning Department
throughout the duration of the Project, and detail any areas of non-compliance and corrective
actions.The monitor will also provide reports following heavy rain events.
3 0. 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 and off the Site, including work
to Turnpike Street.
31. A bond in the amount of ten thousand dollars($1.0,000.00) 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(Site utilities, structures,curb cuts,
parking spaces and drainage facilities, including invert elevations of all storrnwater structures).
This bond shall be in a form acceptable by statute.
630 Turnpike Street(Map 98.D,Lot 49)
,Site Plan Review Special Permit
July 16,2019
Page 2 of 9 Page 6 of S
32. All erosion control measures as shown on the Plan roust be in place and reviewed by the Town
Plamler,
33. Yellow"Caution"tape must be placed along with the limit of clearing and grading as shown on
the Plan. The Planning Staff must be contacted prior to any cutting and or clearing on site.
34. A pre-construction meeting must be held with the developer,their construction employees, and
the Planning Department(and other applicable departments)to discuss scheduling of inspections
to be conducted on the Project and the construction schedule.
DURING CONSTRUCTION
35. Dust mitigation must be performed weekly, or more frequently as directed by the Planning
Director,throughout the construction process. The Site must be kept clean and swept regularly.
36. Any stockpiling of materials(dirt,wood, construction material,etc.)must be shower 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.
37. 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 seven days to cure said condition.
38. 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.
Testing of the generator must be limited to once weekly during weekday daytime hours.
PRIOR TO A CERTITICATE OF OCCUPANCY
39. The Applicant must 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 and that the stormwater management
structures are functioning as designed. 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.
40. All stormwater structures shall be cleaned, in accordance with the approved Stormwater
Operation&Maintenance Plan.
630 Turnpike Street(Map 98.1),Lot 49)
'Site Plan Review Special Permit
July 16,2019
Page 2 of 9 Page 7 of 8
41. All signage shall conform to the signage regulations contained within the North Andover Zoning
Bylaw,Article 6 Sign and Sign Lighting Regulations, unless a Variance is issued by the North
Andover Zoning Board of Appeals.
42. The Commercial fire sprinkler system must be installed. Certification that the system has been
installed properly must be provided from both the North Andover Fire Department and the North
Andover Building Department to the Applicant. The Applicant trust then provide this
certification to the North Andover Planning Department.
43, The Owner shall apply to the Board of Health for the appropriate dumpster permit.
44. The Planning Staff shall review the Site. Any screening as may be reasonably requited by the
Planning Staff will be added at the Project Owner's expense. If weather conditions do not permit
the completion of the landscaping prior to the use of the building,the Applicant and/or Property
Owner may provide a bond,determined by the Planning Board,to covet the frill amount of the
landscaping materials and installation.
PRIOR TO THE RELEASE OF THE PERFORMANCE BOND
45. The Applicant shall submit an as-built Plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including stornrwater structures and other pertinent
site features.This as-built Plan shall be submitted to the Town Planner for approval and must be
provided in paper form as well as in SDF(Standard Digital File)format.
46. The Planning Board-rust by a majority vote make a finding that the Site is in conformance with
the approved Plan.
GENERAL CONDITIONS
47. The Contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
48. Gas Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies, except for so called "green utility boxes"as may be required by the
utility companies.
49. The hours for construction shall be limited to between 7:00 a.im, and 5:00 pan. Monday through
Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
50. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
51. 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.
630 Turnpike Street(Map 98.D,Lot 49)
Site Plan Review Special Permit
July 16,2019
Page 2 of 9 Page 8 of 8
52. Any action by a Town Board, Commission, or Department,which requires changes in the Play or
design of the building, as presented to the Planning Board,may be,subject to modification by the
Planning Board.
53. Pursuant to the North Andover Zoning Bylaw Section 195-8.8.D. (7) this Site Plan Review
Special Permit sliall be deemed to have lapsed after July 9,2021 (two years from the date the
permit is granted),exclusive of the tirrre 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.
54. The following information shall be deemed part of the decision:
Plan titled: Site Plan 4630 Turnpike Street
Prepared for: Blue Cod Holdings,LLC
5 Oscars Way
North Reading, MA 01864
Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 01810
Scale: 1"=20)
Date: February 20, 2019
Sheets: 1
Plan titled: Interior Renovations &Exterior Improvements
Prepared for: Blue Cod Holdings,LLC
5 Oscars Way
North Reading, MA 01864
Prepared by: Kxitikos Associates Architects
14 Olsen Road
Peabody,MA 01960
Scale: 1"=20)
Date: April 8,2019
Sheets: 14
Report: WQMP Operation&Maintenance (O&M)Plan
Prepared by: CULTEC,Inc.
P.O. Box 280
Brookfield, CT 06804
Date: June 4,2019
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Blue Cod
ROLEWiSS,us
5 Oscars Way
North heading,Massachusetts 01864
(978)930-6662 mdorrington@bluecodholdings.com
Sent Via !Email
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July 8,2019
Ms. Monica Gregoire
Staff Planner
Town of North Andover
Town Hall
120 Main Street
North Andover, MA 01845
Re: 630Turnpike Street, North Andover, MA
Application for Special Permit and Site Plan Review
Dear Ms. Gregoire:
Due to my being out of the state next week, Blue Cod Holdings, LLC,petitioner, hereby authorizes
Mr. Robert Gatta of Mavros Company, Its general contractor for project,to act on its behalf and take
all necessary actions during the July 16th meeting of the Town of North Andover Planning Board
regarding the referenced matter.
Piease contact me should you have any questions,
Sincerely yours,
Michael A.Dorrington
Chief Executive Officer and Manager
cc: Mr. Robert Gatta (via email)