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HomeMy WebLinkAbout2019-09-17 Recorded Decision-Common Driveway Special Permit In Town of North �`��--••1�—'7g�7'�O � ��_ ���� • . Andd�ve���'�� 4��'r`�II-k • �� i ��s��+ Office of the Planning Department Community Development and Services Davis' 120 Main Street � ('�S''f3 I North Andover,Massachusetts 01845I9P3 AM ! NOTICE OF DECISION TOWN ri, COMMON DRIVEWAY SPECUL PERM113 A RTH � !rl Any appeal shall be filed within(20) days after the date of filing this notice in the office of the Town Clerk. Date: September 17,2019 Public Hearings: July 18, 2019,July 30, 2019, August 20,2019, September 3,2019, September 17,219 Date of Decision: September 17,2019 Petition of: Sutton Street Redevelopmeat,LLC 231 Sutton Street, Suite 1B North Andover,il/JA 01845 Premises Affected; 477-505 Sutton Street North Andover,MA 01845 Map 74 Lots 23,24 Referring to the above petition for Common Driveway Special Permit and from the requirements of the North Andover Zoning Bylaw,Artiole 2 Definitions, Section 195-2.2 and Article 10 Administration 195- 10.7. The Applicant seeks a Common Driveway Special Permits to allow a shared driveway allowing access to a Multi-fa.m.ily development located at 505 Sutton Street through a single curb out at 477-505 Sutton Street. The property is located in the Business 2(B2)and)Zoning District. After a public hearing given on the above date, and upon a motion by 1. Simons and 211 by P. Boynton to APPROVEIDENY a Common Driveway Special Permit as amended, and based upon the following conditions. The vote was 5-0 in favor of the application. On bebalf4f the North Andover Planning Board Eitan Goldberg, Chairman. Kate Bargraesi This is to oorVy that tvmnty(20)d , Peter Boynton have g3apsed ftw date of decl" Aaron Preston Without fuing an ap�e�J � r)eto p 2 C) A`Is Date John Simons Trudy L..Rold A r"Copy Town Clerk �, �k: . Bic 16233 Pg283 #688b 477-505 Sutton Street—Common Driveway Special Permit Map 74 Lots 23,24, &54 The proposers Common Driveway is to allow access to a Multi-family development through a single curb out at 477-sb5 Sutton Street,,the Applicant seeks a Common Driveway Special Permit. The property is located in the Buslriess'2.(B-2)Zoning District. ThAs Special Perm t was requested by the Town of North Andofer, 120 Main Street,North Andover,MA 01863.The application was filed with,the Planning Board on June 10,2019. The public hearing on the above referenced application was opened on July 18,2019, and closed by the North,A,ndovor Planning Board on September 17,2019 and reviewed in accordance with Article 2 195-2.2 and Article 10 195--10.7 of the Town of North Andover Zoning Bylaw and MOL Chapter 40A, Section 9. The Planning Board voted (by a vote of 5-0) in favor to grant a Common Driveway Special Permit. A.special permit issued by the Planning Board as 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,trader 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. In accordance with Section 195-2.2.21 and 195-10.7, of the Town of North.Andover Zoning Bylaw, the Planning Board makes the finding that the intent of the Bylaw,as well as its specific orito ria,are met. Tl;is decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) The application adheres to the bylaw restriction that no more than.two (2)lots be serviced by a common drive. 2) The common,driveways are designed to minimize driveway cuts onto Sutton Street by consolidating three(3)existing curb-cuts on Sutton Street into one(1) curb cut. 3) The speck 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. 4) The specific location of the common driveway is appropriate as it connects the.Senior Conter and multi-family apartment complex. 5) The design and location will not adversely affect the neighborhood as the existing traffic pattern. will not be changed. 6) There will be no nuisance or serious hazard to vehicles or pedestrians. 7) Adequate standards have been placed on the design which will meet public health and safety concerns. 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. PE POW DFIF NMON'S 9) The Locus"or"Site"refers to a 4.5 acres of land with land fronting on Sutton Street as shown on ,a portion of Assessors Map 74 Lots 23, 24, 54, and also known as (aWa) 4.77-505 Sutton Street Sutton Street,North Andover,Massachusetts. 10) `X'he").Tanis"refer to the plaza prepared by The Morin-Cameron Group,Inc. dated May 148,2019 and revised to August 29,2019 consisting of Sheets C,1-13,L1.1,L1.2,P.14,P.15,P.25,P.26, 2 i Bk 16283 Pg284 06885 477-505 Sutton Street—Common Driveway Special Permit Map 74 Lots 23,24,& 54 P.35,P36,titled"Multifamily Site Development Flans, 505 Sutton Street,North Andover, Massachusetts, 01845, 11) The"project"refers to construction of a market rate rental residential cornmimity to be known as 136 units;28 studio,55 one-bedroom and S3 two-bedroom units to be contained within two(2) four-,stogy buildings and one(1)three story garden-style buildings, stormwator management facilities, landscaping,signage and other improvements to be located on approximately 3.98 acres of land on at the former site of the Knights of Columbus.This project is located within the BW2 Zoning District, 12) The"Applicant"refers to Sutton Street redevelopment;LLC,the applicant for the Common Driveway Special permit, 13) The"Project Owner"refers to the person or.entity holding the fee interest to the title to the focus from time.to time,which can include but is not limited to the Applicant,Developer, and Owner, SPECIAL CONDITIONS Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following Special Conditions: 14)Applicant shall submit draft documentation concerning a declaration of cross-easements, restrictions and covenants,or equivalent,between the,Project Owner 505 Sutton Street and Project Owner Senior Center which shall identify obligations for construction,rnaintenaaco, :management and other requirements for access/egress driveways to the Planning Department, DPW and Town Counsel fox roview and approval. 15)Any changes made to these plans must be approved by the Town Planner. Any changes doomed substantial by the Town Planner would require a public hearing and a modification by the Planning Board, 16) All special permits granted under sections: 195,Article 8,Part 1,Part 3, and Article 2 Section 195--2.2 and Article 10 Section 195-103 of the Town of North Andover Zoning Bylaw for this Site and 477-505 Sutton Street,Map 74 Lots 23,24,25, 54,shall also be considered as part of this Decision. PRIOR,TO ANY SITE WORK AND CONSTRUCTION 17) The,location of the driveway must be marked in the field and reviewed by the Staff Planner. 18) All erosion control devices must be in place as shown on the plan. 19)The decision of the Planning Board must be recorded at the North.Essex Registry of Deeds aad two (2)aerEified copies of the recorded decision must be submitted to the Planning Department. 20) Transportation Demand Management: The following measures shall be implemented as part of the project to encourage use of alternative modes of transportation: a. Information regarding public transportation services,maps,schedules and fare inf'ortnation shall be posted in a central location. b, An informational packet shall be provided to new residents of the project,promoting alternative modes of transportation, 3 i Bk 16233 Pg285 #6885 477-505 Sutton Street--Common 1]z'iveway Special Permit Map 74 Lots 23,24, &54 c. Secure bicycle parking shall to provided, including both,an exterior bicycle rack and weather protected bicycle parking in a secure area. d. Car-share spaces shall be considered ora-site. 21)A performance guarantee of five thousand($5,000)in the form of a check,made out to the Town of North Andover must be in place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted, 22)A constuction schedule must be provided to the Planniag Department, PRIOR TO A B1LUD)NG PERIVW 23)This Site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission and the Department of Public Works. GENERAL CONDITIONS 24)The contractor shalt contact Dig Safe at least 72 hours prior to commencing any excavation. 25) Gras,telephone,cable,and electric utilities shall be installed as'specified by the respective utility companies. 26)No open burning shall be done except as is peraaitted during the burning season under the Fire Department regulations. 27)No underground fuel storage shall be installed except as may be allowed by Town Regulations. 28)The provisions of this conditional approval shall apply to and are binding upon the Applicant,its employees, and all successoxs and assigns in interest or control. 29) 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 September 17,2021 (two years from the date the permit is granted),exclusive of the time required to pursue 6r await determination of airy appeals,unless substantial use or construction has commenced within said two-year period or for good cause as determined by the Planning. 30)The following shall be deemed part of this decision: Plan titled: Multifamily Site Development Plans 505 Sutton Street North Andover,MA Prepared for. Sutton Street Redevelopment,LLC. 231 Sutton Street North Andover,MA 01845 Prepared by: The Morin-Ca:meroa Group,Inc. 66 Elm Street Danvers,Massachusetts 01923 Scale 1"=30' Bate: May 28,2019 and revised to August 29,2019 Sheets: C.1-13,LI.1,L1.2,P,14,PAS,P.25,P.26,P.35,P.36 4 d .CS.lC. .L17L33 YCJGa� �b��� 477-505 Sutton Street--Common Driveway Special Permit Map 74 Lots 23,24, & 54 CC: Applicant Abutter's i i i i 5 i