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HomeMy WebLinkAbout2019-09-03 Decision SPR • Town of North Andover Office of the Planning Department Community Development and Services DivisioJ919 SEP _4 Pn 3t1 1 120 Main Street ��WN p North Andover,Massachusetts 01845 NOTICE OF DECISION SITE PLAN REVIEW&REDUCTION IN PARKING SPECL4L PERMMTS Date. September 3,2019 Public Hearings: June 4,2019,July 9,2019, July 30,2019, September 3, 2019 Date of Decision: September 3,2019 This is to certify that twenty(20)days have elapsed from date of decision without filing of a , Pe Z� Petition of: 701 Salem Street Realty Trust Date v �t� 701 Salem Street L.aude A. Burziaff North Andover, MA 01845 Interim Town Clerk Premises Affected: 695 &701 Salem Street North Andover,MA 01845 Map 65,Lot 31 &41 Referring to the above petition for a Site Plan Review and Reduction in Parking Special Permit from the requirements of the North Andover Zoning Bylaw,Site Plan Review,Parking under Part 1 (Off-street Parking and Loading),Part 3 (Site Plan Review)and 195-10.7 and MGL c.40A, See 9. So as to allow for the construction of approximately 8,700 sq.ft, addition to an existing building,to be used for mixed-use retail/restaurant,together with associated parking spaces, stormwater management facilities, landscaping,signage and other site improvements. The project is located within the General Business(GB) 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 and Reduction in Parlung Special Permits as amended, and based upon and subject to the following conditions.Vote was 5—0 in favor of the application. Planning Board ATTi,S`I': Eitan Goldberg,Chairman A True Copy Kate Bargnesi Peter Boynton Interlm Tk pk Aaron Preston John Simons _ I 695 & 701 Salem Street Site Plan Review&Reduction in Parking Special Permit Page 2 of 9 The Planning Board herein APPROVES the construction of 8,700 sq.ft. addition to an existing building,to be used for mixed-use retail/restaurant,together with associated parking spaces,stormwater management facilities,landscaping,signage and other site improvements. The project is located within the General Business(GB)Zoning District.This Special Permit was requested by 701 Salem Street Realty Trust, The application was filed with the Planning Board on April 30,2019. The public hearing on the above referenced application was opened on June 4,2019,and closed by the North Andover Planning Board on September 3, 2019. The Applicant submitted a complete application,which was noticed and reviewed in accordance with Section 8.1, 8.3, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec.9, The Planning Board voted unanimously(by a vote of 5-0)to grant the Site Plan Review and Reduction in Parking Special Permits. 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,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 following findings as required by the North Andover Zoning Bylaws Section 8.1, 8.3, 10.3 and 10.3 1: FINDINGS OF FACT 1) The specific Site is an appropriate location for such a use, structure or condition.As the Site is zoned for retail and restaurant use.The Site will continue to be used for retail and restaurant use. The Site design complements the surrounding uses and provides for sufficient traffic, curb cut and circulation improvements, as well as sufficient water, sewer and other utilities. 2) The use as developed will not adversely affect the neighborhood character. The Project provides appropriate building, landscaping and screening set back from the adjacent properties.The character of the architectural style of the proposed new building will complement the architectural style of existing buildings located along Salem Street. 3) There will be no nuisance or serious hazard to vehicles or pedestrians.Driveways have been located to provide for the best available sight distance along Salem Street. Site improvements have been designed to maximize on-site and off-site safety. 4) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5) The proposed Project will provide a total of 70 parking spaces where 72 spaces would be required in accordance with the Section 195-8.4A.("Table of Off-street Parking Regulations").Parking for oversized vehicles will be provided onsite and marked with appropriate signage. 6) The driveways and the Salem Street curb cut has been relocated to improve site circulation,site lines and traffic queuing and allow for safe stopping distances for safer and improved access to and egress from the site. 7) The proposed landscaping and signs have been designed as not to impede the site distances. The driveway and site circulation will allow for full,two-way traffic circulation on site and will also facilitate off street loading and deliveries by trucks at the rear of the site. 2 '695 & 701 Salem Street Site Plan Review&Reduction in Parking Special Permit Page 3 of 9 8) 701 Salem Street has been in business for over 20 years. A previous Site Plan Review Special Permit for the construction of a commercial building was approved on January 7, 1997. 9) Both 701 Salem Street and 695 Salem Street are zoned General Business(G-B)which allows for F retail and restaurant use by right. 10) Adjustments to parking requirements is appropriate given the varying peak demands of the various uses on the Site, and in conjunction with such adjustments,the parking at the Site will not cause detriment to the surrounding neighborhood since the proposed parking program for the Site will not increase traffic congestion or queuing or otherwise result in unsafe conflict of motor vehicle and pedestrian traffic. 11) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project is adequately and appropriately serviced by municipal water,sewer and other utilities that adequately address the needs of the Project. Stormwater management facilities will provide adequate treatment of stormwater in accordance with applicable requirements. 12) The use is in harmony with the general purpose and intent of this Zoning Bylaw. The location of the proposed Project is ideally suited to add additional retail,restaurant and other uses allowed within the B-2 Zoning District to complement and build upon the future redevelopment of the Route 125 corridor in this area of North Andover. 13) The Plan reflects extensive discussions with the Planning Board,Peer Review Consultants,the Planning Department, other Town Departments, and the Applicant with respect:to Site design and stormwater management. 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 the Plan reflects extensive discussions and review by the Town's outside consultant engineer,Horsley Witten Group.The proposed runoff from the impervious areas of the Site will be drained through a closed drainage system to subsurface storage/non- infiltrating detention systems. The Project's permanent stormwater measures include: two subsurface infiltration systems to manage stormwater runoff from the building expansion and the additional parking area. The eastern half of the pavement area will continue to discharge to the closed drainage system within the parking lot that discharges to an existing detention basin located at the corner of Abbot Street and Salem Street. Stormwater runoff from the proposed building room will be collected via a pipe and directed to the subsurface infiltration system. There were extensive discussions between the Town's outside consultant engineer and the Project Engineer related to the overall design and Operations&Maintenance Plan dated March 27, 2019. (See correspondence from Horsley Witten Group, dated May 10,2019 and July 10,2019 and Civil Design Group,LLC response comments dated July 17,2019). 15) The Plan reflects extensive discussion and review with TEC,Inc.,the Town's civil peer review consultant and meets the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. (See emails dated July 11,2019, and Civil Design Group, LLC response comments dated May 14, 2019 and June 25, 2019). 16) The Town Inspector of Buildings,Paul Hutchins, reviewed the project and this project requires two additional parking spaces(see email June 30,2019). 3 I 695 & 701 Salem Street Site Plan Review&Reduction in Parking Special Permit Page 4 of 9 17) The Town Engineer,John Borgesi,has reviewed the Project and has confirmed that all engineering department comments have been adequately addressed(See memos dated August 14, 2019). 18) Lieutenant Michael Beirne of the North Andover Fire Department reviewed the Plans and determined that the final design addresses all of the concerns the Fire Department had over the additional hydrant and access to the Project for firefighting and rescue operations. (See email dated August 8, 2019), 19) The Town Director of Public Health, Brian LaGrasse,reviewed the Project and confirmed that there were no concerns(see email dated May 22, 2019). WAIVERS 20) The Applicant has requested waivers from the following provisions of the Town of North Andover Zoning Bylaw, including Section 195-8.3. Special regulations, 195-10.7, 195-8,Part 1, Parking Special Permit 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 under Part 3. Site Plan Review and 10.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the Applicant provided the following conditions are met: PERMIT DEFINITIONS 21) The"Locus"or"Site"refers to the 61,297 Sq.Ft.parcel of land with land fronting on Salem Street as shown on a portion of Assessors Map 65, Parcels 31 and 41, and also known as 695 and 701 Salem Street,North Andover,Massachusetts. 22) The "Plans" refer to the plans prepared by Civil Design Group, LLC. dated July 14, 2019 and revised to July 23,2019 consisting of Sheets 1 -- 12,A100,A101,E-1 and E-2,titled"Site Plan Set for Proposed Mixed Use Expansion 695&701 Salem Street,North Andover,MA 01845. 23) The "Project" refers to the razing of a nonconforming residential structure located at 695 Salem Street and construction of an 8,700 square foot addition which will result in a 13,550 Square Sq. Ft. space with 2,600 of restaurant space, 9,150 sq.ft. of retail space and 1,750 sf of storage space, parking spaces, stormwater management facilities, landscaping, signage and other improvements depicted on the Plans to be located on an already developed 1.407 acre parcel.This project is within the General Business(G-B)Zoning District, 24) The "Applicant" refers to 701 Salem Street Realty Trust, 701 Salem Street, North Andover, MA 0 184 5,the Applicant for the Special Permit, its successors and assigns. 25) 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. SPECIAL CONDITIONS 26) The Applicant will work with individual landowners located at 710 Salem Street, 740 Salem Street and 20 Abbott Street to provide off-site screening in a reasonable manner to shield abutting 4 i 695 &701 Salem Street Site Plan Review&Reduction in Parking Special Permit I Page 5 of 9 properties from headlight glare. An opaque fence will be erected on Salem Street in accordance with the approved plan. 27) The Applicant will provide the Planning Board with photographic evidence 6 months to a year from the time of occupancy while the foliage is down to ensure that screening is sufficient. 28) The Applicant will provide the Planning Board with a review of litter, lighting and traffic within 1 year of the project's occupancy date. i 29) Signage for Large vehicle parking will be installed in specific parking spaces, i 30) Deliveries to the Site must be limited to between the hours of 7:00 a.m. and 9:00 pin with the exception of individual vendors approved by the Board of Health and current vendor providing Dunkin Donuts and Newspaper deliveries. 31) The dumpsters may only be emptied between the hours of 7.00 am and 9:00 pm. 32) Two additional test pits in the location of the subsurface infiltration system must be provided prior to construction of the subsurface infiltration system. Test pit results must be reviewed and approved by the Planning Board. 33)Any revisions to the approved Plans shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval, all of which is in accordance with Section 8.3.8 (Revisions to Approved Site Plan). PRIOR TO THE ENDORSEMENT OF THE PLANS 34) Unless otherwise approved by the Planning Board,the Applicant shall, upon the later to occur of (a)thirty(30) days after the expiration date of the twenty(20)day Appeal Period of this Decision, submit to the Planning Board for its approval a Form A application for approval of an Approval Not Required along with an ANR Plan which proposes to combine Map 65 Lot 41 as depicted on the Plan.No construction activities authorized by this Decision shall be commenced until the Applicant has recorded an approved ANR Plan for said lots. 3 5) The Applicant shall submit with the ANR Plan an updated Zoning Table for each ANR Lot. The Zoning Table shall meet the criteria listed in Section 195-8.14.E. (6). 36) A Clow Eddy hydrant, open left hydrant that shall be identified within 100 ft of the building on the record plan. The Applicant shall contact the DPW for hydrant specifications and the hydrant detail shall be updated. PRIOR TO ISSUANCE OF SITE WORK,BUILDING PERMIT,OR CONSTRUCTION 37) Two (2) copies of the signed, recorded decision and the recorded plans must be delivered to the Planning Department. 3 8) In consultation with the Staff Planner,the Applicant shall designate an Independent Construction Monitor.The monitor shall read,sign, and return to the Planning Director 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 5 i '695 &701 Salem Street Site Plan Review&Reduction in Parking Special Permit Page 6 of 9 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. 39) In consultation with the Director of PIanning, the Applicant shall designate an Independent Environmental Monitor. The monitor shall read, sign, and return to the Planning Director 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. 40)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. 41)A bond in the amount of twenty thousand dollars ($20,000.00) 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 stormwater structures). This bond shall be in a form acceptable by statute. 42) Two additional test pits in the location of the subsurface infiltration system must be provided prior to construction of the subsurface infiltration system. Test pit results must be reviewed and approved by the Planning Board. 43)A detailed perimeter roof drain system shall be designed for each building for inclusion of details in final construction plans. The Engineer of Record shall certify to the Town that the final design meets the intent of the stormwater management design. 44) All dumpster locations shall be shown on the Plans and the dumpsters shall be screened with fencing and plantings.The final details shall be reviewed with the Planning Director. 45)A copy of all local, state and federal permits required for the project must be submitted to the Planning Department. 46) All stormwater management best practices shall be maintained as specified in the approved Stormwater Operations and Maintenance Plan. 47) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. 48) 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 49) 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 50) Dust mitigation must be performed weekly, or more frequently as directed by the Planning Director, 6 695 & 701 Salem Street Site Plan Review&Reduction in Parking Special Permit Page 7 of 9 throughout the construction process. 51) 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. 52) 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. i 53) Construction parking shall be limited to onsite at 695 Salem Street and 701 Salem Street. PRIOR TO A CERTIFICATE OF OCCUPANCY 54) 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 Project 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, 55) The Applicant must submit a letter from the engineer certifying that the lighting provided meets minimum Illuminating Engineering Society(IES)standards. 56) The Applicant will provide a Ietter from a certified engineer stating that associated retaining walls have been constructed in accordance with approved plans and this decision. 57) All stormwater structures shall be cleaned, in accordance with the approved Stormwater Operation &Maintenance Plan. 5 8) 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. 59) The Owner shall apply to the Board of Health for the appropriate dumpster permit. 60) The Planning Staff shall review the Site. 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 cover the full amount of the landscaping materials and installation. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS 61) 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 expanse. Additionally, all pedestrian warning signage will be reviewed and any additional signage deemed necessary at non-controlled locations such as mid-block crossings and at the roundabout shall be added at the Project Owner's expense. 7 695 &701 Salem Street Site Plan Review&Reduction in Parking Special Permit Page 8 of 9 62) The Applicant shall submit an as-built Plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including stormwater 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. Any variance to the Plan shall be specified in memo format. 63) The Planning Board must by a majority vote make a funding that the Site is in conformance with the approved plan. GENERAL CONDITIONS 64) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 65) 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. 66) 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. 67)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 68) The owner shall apply to the Board of Health for the appropriate dumpster permit. 69) 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. 70) 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. 71) Any revisions shall be submitted to the Town Planner for review. If 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 (Revisions to Approved Site Plan)of the Zoning Bylaw. 72) Pursuant to the North Andover Zoning Bylaw Section 195-10.7.A(3)this Site Plan Review Special Permit shall be deemed to have lapsed after August 20, 2021 (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. 73) The following information shall be deemed part of the decision: Plan titled: Site Plan Set for Proposed Mixed Use Expansion 695&701 Salem Street, North Andover,MA 01845 Prepared for: 701 Salem Street Realty Trust 701 Salem Street North Andover, MA 01845 8 ' 695 & 701. Salem Street ; Site Plan Review&Reduction in Parking Special Permit Page 9 of 9 Prepared by: Civil Design Group 21 High Street North Andover,Massachusetts 01845 Scale: 1"=40' 1 Date: Sheet 1 (dated 4/4/19,revised to 7/19/19),Sheet 2(dated 1/23/19,revised to 6/19/19), Sheets 3-4 (dated 4/4/19, revised to 7/19/19), Sheet 7 (dated 4/4/19), Sheets 8-12 (dated 4/4/19 revised to 7/19/19), Sheets A100 &A 101 (dated 3/25/19, revised to 7/23/19), Sheets E-1 &E-2(dated 4/8/2019,revised to 6/24/19) Sheets: 1 -12,A100,A101,E-1 and E-2 Stormivater Management Report Prepared by: Civil Design Group 21 High Street North Andover,Massachusetts 01845 Dated: April 4,2019,Revised to June 25,2019 i cc: Applicant Abutters i i 9