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HomeMy WebLinkAbout2006-07-21 Decision SPR i °. L Lr-11 1 PE*CEIVCDyry/ +A' Town of North Andover 2006 JUL 2 I PM 51134 Planning Department 1600 Osgood Street,Bldg.20,Suite 2.36 T Q W k4 oil- North Andover,.Massachusetts 01845 NORTH Ah@0Vfi' t Phone: 978-688-9535 Pax. 08-688-9542 MA S S A C K U 1.3 i i S i NOTICE QF 12ECISIQN Aqy appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk, Date: July 21,2006 Date of Hearings: June 20,2006 Petition of: Channel Building Company,Inc. 355 Middlesex Ave,,Wilmington,MA 01887 Premises Affected: 150 Flagship Drive,North Andover,MA 01845 Map 25,Parcel 82 Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 8.3, 10.31, of the North Andover Zoning Bylaw for a Site Plan Review Special Permit so as to allow for the construction of 11,074 s.f warehouse addition to the existing 50,000 s.f, existing warehouse located in the Industrial 1 zoning district, At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Review Special Permit, upon a motion made by Alberto Angles, 2d by Richard Rowen with language as amended,vote was unanimous 5-0. Sign Lincoln D y, Town P anner cc: Applicant Richard Nardella, Chairman Engineer John Simons, Vice Chairman Abutters Alberto Angles Town Departments Richard Rowen, acting Clerk Jack Green 1 1 . r Channel Building Company,Inc. 150 flagship Drive, Map 25, Lot 82 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit for the construction 11,074 square foot addition of a warehouse to the exiting 50,000 square foot industrial building located in the [ndustrial 1 (1-1) Zoning District. The property is located at 150 Flagship Drive, Assessors Map 25, Lot 82 and consists of 9.735 acres. This special permit was requested by Channel Building Company, Inc., 355 Middlesex Avenue, Wilmington, MA 01887 for property owned by Flagship, LLC., 150 Flagship Drive, North Andover, MA 01845, This application was filed with the Planning Office on May 4, 2006, The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec, 9 The Planning Board snakes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is zoned for industrial use, 2) The use, as developed, will not adversely affect the neighborhood as the site is located in the industrial park and sufficient buffer zones have been created to shield the use from adjacent residential properties. 3) There will be no nuisance or serious hazard to vehicles or pedestrians as the project has been designed to include the proposed 11,074 square foot addition in the calculation and design of the parking lot, number of spaces, and site access and egress. 4) The landscaping approved as part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw with review by the Planning Board. 5) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and was previously approved by the Planning Board on July 3, 1996. 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use and was previously approved by the Planning Board on July 3, 1996. 8) in addition to the conditions set forth in this decision, the project shall adhere to the conditions stated within the July 3, 2006 Planning Board decision. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, 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: Page 1 i i r Q I I Channel Building Company, lice. 150 Flagship Drive, Map 25, Lot 82 Site Play Special Permit SPECIAL CONDITIONS: Permit Definitions: i) The "Locus"refers to the 424,048 s.£ parcel of land with land fronting on Flagship Drive on Assessors Map 25, Lot 82, and also known as 150 Flagship Drive, North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by MHF Design Consultants dated May 2, 2006, revised July 6, 2006 entitled "Site Plan, Assessors Map 25 — Lot 82, 150 Flagship Drive, North Andover, Massachusetts, Prepared for: Channel Building Company, Inc,, 242 Neck Road, Haverhill, Massachusetts 01830" iii) The"Project"or"150 Flagship Drive"refers to the development of 11,074 s.f warehouse addition as the southeast corner of an existing 50,000 s.f; warehouse facility. iv) The"Applicant"refers to Channel Building Company, Inc., the applicant for the Special Permit. v) 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. 1) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated offieial, The Environmental Monitor shall snake Meekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project, The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues.The designated monitor may not be applicant and/or developer. 2) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project, The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 3) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: Page 2 I i E ' Channel Bididing Company,Inc. 150 flagship Drive, Map 25, Lot 82 Site Plan Special Permit A) The final plates must be reviewed and approved by the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days. Failing submission of required final plans within 90 days will render this Special Permit null and void. 4) Prior to the start of construction: A) A construction schedule shall be submitted to the Planning .and Conservation Departments for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and ' reviewed and approved by the Planning and Conservation Departments, C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public i ways, except as normally ancillary to off-site sewer or other 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. D) 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. E) A pre-construction meeting must be held with the developer, their construction I employees, Planning Department, and Conservation Department to discuss scheduling of inspections and inspections to be conducted on the project. F) A site openinglc.rosion control bond shall be' ih the total amount of three thousand dollars ($3,000.00) for the purpose of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any _ other condition contained herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. G) A bond in the amount of three thousand dollars ($3,000.00) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces, topography, and drainage facilities are submitted, The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond should be in the form acceptable to the Town and made payable to the Town of North Andover escrow account. i I Page 3 ........... Channel Building Company, Inc, 150 Flagship Drive,Mop 25, Lot 82 Site Plan Special Permit 5) Prior to the issuance of a Building Perimit: A) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department, C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 6) During construction: A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) The Board will strictly enforce,the policy relative to the stockpiling of materials (dirt, wood, construction material, etc,) and must be shown on a plan and reviewed and approved by the Town Planner. Any approved piles must remain covered at all times to minimize potential dust and be requited to install appropriate erosion control measures. Any stockpiles to remain for longer than one week must be fenced off and be seeded, C) In an effort to reduce noise levels, the developer shall keep in optimum working order,4L��� through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. Covenants were filed several years ago relative to noise level. 7) Prior to the issuance of a Certificate of Occupancy.- A) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, 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 anticipated occupancy. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays fi-om such lighting falls entirely within the site and shall'be shielded or recessed so as not to Page 4 I Channel Building Company, Inc. ISO Flagship Drive, Map 25,Lot 82 Site Plan Special Permit shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be trade at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. C) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code, Certification that the systems have been installed properly in accordance with the above referenced regulations 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. 8) Prior to the final release of all security and escrowed funds: A) The Planning Staff and Planning Board shall review the site. Any screening as may be reasonably required or relocated by the Planning Board will be added at the Project Owner's expense. B) A final as-built plan showing final topography, the location of all on-site utilities, structures, curb cuts, parking spaces, and drainage structures and facilities must be submitted to the Planning Department, 9) General conditions: A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision and the July 3, 1996 decision that die must be replaced by the project owner in perpetuity. B) Should the Project Owner transfer ownership of the project and/or property, the buyer shall meet with the Planning Board to provide an update on the status of the project. C) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. D) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. B) No underground fuel storage shall be installed. F) All signs must be consistent with the signage currently on site and must comply with the sign bylaw, Page 5 ` Channel Building Company, Inc. 150 Flagship Drive,Map 25,Lot 82 Site Plan Special Permit G) All mechanical devices (i,e. HVAC, vents, etc.) which may be visible from any surrounding roadways shall be placed on the rear roof line. H) 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. 1) No open burning shall be clone except as is permitted during burning season under the Fire Department regulations. J) 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. K) 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. L) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit granted on July 18, 2008, 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. M) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Plan, Assessors Map 25—Lot 82 150 Flagship Drive,North Andover, Massachusetts, Prepared for: Channel Building Company, Inc. 242 Neck Road, Haverhill, Massachusetts 01830 Prepared by: MUF Design Consultants,.Inc. 12-B Manor Parkway Salem,NH 03079 Scale: 151 "=40' Date: May 2,2006,Revised July 6,2006 ._ . _. Sheets: 1 cc; Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer Page 6 N•�r J �� J i i� RECEIVED W 103 Stffes Road•Suite One, Salem,New Pampshlre 03079 MHF Design Consultants, Inc, TEL(603)893-0720 FAX(603)893-0ffl6 MAI M ; 0 May 2, 200G `1�1 W X O taftS1l ,kH00169 MASS AC�tld��.l , Mr. Richard Nardella iil i North Andover Planning Board 400 Osgood Street North Andover, MA 01845 Re; 150 Flagship Drive Site Plan Special Permit Dear Mr. Nardella: On behalf of Channel Building Company, Inc.;we are.pleased to provide the attached Site Plan Special Permit application regarding the proposed construction of an 11,074 s.£ addition located at 150 Flagship Drive. The following is a brief description of the proposed site plan. 1. Description of Proposed Project: The proposed project includes the construction of an 11,074 s.£ addition at the southeast corner of an existing 50,000 s.f warehouse facility. Previous approvals included provisions for parking, stormwater management and appropriate utility connections for a 13,000 s.f, future expansion and thereforeMo new parking or increase in impervious areas is proposed with this addition. 2. Description of Premises: Zoned Industrial 1 (I-1)the site is a 9.735-Ac parcel of land occupied by Flagship,LLC and is bounded by the Town of Andover to the west,Flagship Drive to the north, and residential zoned properties to the south and east. Occupied by a 50,000 sf building and paved parking lot, the site currently utilizes town water and sewer facilities along with underground electric and telephone services. On-site drainage is handled and mitigated by a combination open and closed drainage system consisting of a grass-lined open channel and a series of catch basins and manholes, respectively. All site drainage as described above discharges into an above ground detention basin eventually discharging into a wetlands system to the east, If you should have any questions, please contact our offlue at(603) 893-0720. Sincerely, gn Consultants, c. Christopher M. Tymul , 1T. Staff Engineer P:Trojccts\Engt202306%ite Plan Special_Print-LTR.doo ENGINEERS • PLANNERS • SURVEYORS i J{ i RAC �uE0 Town of North Andover Planning Board Application for Site Plaq Special PerM MAY �4 PM 3' 44 017 Please type or print clearly, NORTH AHDUVLil 1. Petitioner: Channel Building m Co an Inc. MA i Petitioner's Address; 355 Middlesex Avenue,.W__ilmin on,MA 01887^ i Telephone number: 978 657-7300 2. Owners of the Land:. Flaashin.LLC Address: 150 Flaashin Drive,N.Andover,MA 01845 Number of years of ownership: 9 3, Year lot was created: '1989 .41 Description of Proposed Project: The proposed project includes the construction of an 11,074 s,i:warehouse addition to a previously approved site plan Special Permit which expired in July 1998. i 5. Description of Premises: Currently the site is occupied by Flagship, LLC and is bounded by the Torun of Andover to the west,Flagship Drive to the north and Residential zoned property to the south and cast. This current building, parking, drainage facilities, and utility connections were previously approved and constructed to the satisfaction of the Town of N. Andover Departments. 6. Address of Property Being Affected 150 Fla shi Driv North Andover Zoning District: Industrial 1 -1 Assessors: Map: 25 Lot# 82 Registry of Deeds: Book#: 4714 Page M 322 7. Existing Lot: Lot Area(Sq.Ft) 424,048 s.f, BuildingHeight 33' Street Frontage: 150.00, Side Setbacks: 100.5' Front Setback: 676' Rear Setback; 100, Floor Area Ratio: 0.15:1 Lot Coverage: 12% 8. Proposed Lot(if applicable); Lot Area(Sq.Ft) 424,048 0. BuildingHeight 33' Street Frontage: 150.00, Side Setbacks: 10015' Front Setback: 676' Rear Setback: 100, Floor Area Ratio: 0.17:1 Lot Coverage: 14% 9. Required Lot(as required by Zoning Bylaw); Lot Area(Sq.Ft) 80,000 Building Height 55' Street Frontage: 150, Side Setbacks: 50' Front Setback: 50' Rear Setback: 50' Floor Area Ratio: 0.50:1 Lot Coverage: 35p/© i I I, al 10. Existing Building(if:applicable), Ground Floor(Sq,FL) 50,000 81 of Floors; 1+Mezzanine Total Sq.Ft. 62600s1 Height: 33' Use: PrintingMarchouse _ Type of Construction Steel Frame 11, Proposed Building: Ground Floor(Sq.Ft.) 6I 07411, #of Floors: I+Menanine Total Sq.Fl. 73,674 0. Height: 33' Use: Printin/Wxrehom Type of Construction Steel Frame 12. Has there been a previous application for a Special Permit from the Planning Board on these premises? YES If so,when and for what type of conslauction? July 199b,Site Plan Special Permit for the Construction of a 50,000 s.f. Industrial building with the otential for a 13,000 s.f.D!ture Ex anion. i 13. Section of Zoning Bylaw that Special Permit Is tieing Requested_NAZB Section.8 3 2,a)il I 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. { 22 I Petitioner's Signature: ' Print or type name h ^704J Owner's Signature: Print or type name here: �-t'-��+--� ,.� �a�r cL— 15. Please list title of plans and documents you will be attaching to this application. Proposed Site Development Plans 150 Flagship Drive North Andover Business Park Nortb Andover,MA 01845 Prepared for Channel Building Company,Inc, Dated: Revised June 24,M Prepared by: M1QF Design Consultants,Inc. 103 Stiles Road,Suite One Salem,NH 03079 As-Built Plan 150 Flagship Drive North Andover,MA 01845 Prepared for Channel Building Company,Inc. Dated; January 1,1998 Prepared by: MHF Design Consultants,Inc. 103 Stiles Road,Suite One: Salem,NH 03079 Elevations3/16"-1' Project: Flagship Press 150 Flagship Derive N.Andover,MA 01845 Date: 3/21106 Drawing No.AM Prepared by Channel Building Company,Inc, I Notice of Decision Special Permit Approval Dated: July 3,1996 Petition of Channel Building Co.,Inc, Premises affected* 150 Flagship Drive,North Andover Business Park I i } 7pr 18 OB 03. 16p NORTH ANDOVER 9788889542 p. 1 RECEWE0 . TOY,'Iq C.U.Rhi'3 GUICC „t 2096 MAY,' 4"To,306 TOIM'C� �dA A0f10S3CU. ,f i ( .•I1r'ft r:t5 Is. . irr.rcl..;r, ir April 10, 2006 Chris Tvmuia NIFIF Design Consultants i 12-B Manor Parkway Salem, NH 03720 � RE: Proposed Addition of 150 Flagsh'P Drive North Andover,MA This letter has been prepared to document the site.inspec bon i conducted on April 61 2006 at the above referenced site, The purpose of the inspection was to determine if the proposed addition to the existing manufacturing facility would to conducted he within and the buffer zone to any jurisdictional wetland resource areas pursuant the North Andover Wetlands Protection Bylaw. Determinations were also based upon a Pr Ousfg (DEd File and assaci t dwhich allowed the construction of the existing manufacturing driveways,parking, grading, stormwater management structures and appurtenances since this work was found to be within the buffer zone to a Bordering Vegetated Wetland (BVW) and a Presh'water Wetland subject to protectlost under the North 3 Andover Bylaw only, The proposed addition was also included on the previously approved plans,but was located greater than 200 feet from the wedand resource area and was never built with the building. A Certificate of Compliance was issued for this work in January of 2000. present conditions on the site remain consistent with the As-Built plan d January a uar 1, 1998 in that no additional resource areas were observed within 10(Y f the p P sed addition. Although exhibiting characteristics of a resource area,the existing drainage Swale located around the perimeter of the site just beyond the existing pavement does not qualify as a protectable resource area pursuant to the MaBssaachustls Pursuant todthese protection Act and the North Andover Wetlands Pr'otec.tiox�Bylaw, .Findings, the addition as proposed would be allowable without a permit from the North Andover Conservation Commission. Please do not hesitate to contact me should you have any.further questions or concerns in this regard.Thank you in advance for your anticipated cooperation. 1 1 y i Rpr 18 D5 03: J 7p NORTH ANDOVER 978688SS42 p. � I I I I Sincerely, �'L�J Alison McKay Conservation Administrator Cc: Pamela]Merrill,ConservatiOn Associate Curt Bellavance, AICP,Community Development Director Lincoln Daley,Town Planner 150 flagship Drive Fife-242-81.7 Building File I i RECEIVED j TOWN CURK'S 0MCE AbuflerloAbulrer( J Building Dept. f ) consorvetlon ( ) zoning { ) 00 —i - M + 06 Town of North Andover [)I Abutters t istlna RTH A COVER R15QVIREMENr: hfGL 40A,Section 11 stales In pan 1pa(ges In Interest as used in this ChopW shell mean a,4 pehronw, MA �j' V 7 7 abutters,avmers of lad direutty up{wwwrt any pubju or private way,and ehuttem w ebulters vdihln throe hundfed(300)foot of the property Eno of the poNtIoner as Choy appear on 1ho most recont applicab,a Lax 1161,not WrhstandIN Thal the lend of any suds owner Is located In ano herclty or town,the pfanning hoard of Iba dty or krrm,and the planning boob orevety obultN Chy or town." Subloel Property: MAP PARCEL Name Address 25 82 Flagship,LLC 150 Flagship Drive North Andover,MA 01846 Abutters Pranerfies MaD Parcel Name Addms 25 3 Trustees of Reservatlons 572 Essex Street Beverly,MA 01915 25 52 Trustees of Reservations 572 Essex Street Beverly,MA 01915 26 76 WSP Realty Trust 11 Sayfleld Drive North Andover,MA 01846 25 76 Muffin Realty Trust 361 Wlllow Street North Andover,MA 01845 25 78 Blan chi Realty Trust 7 Danbury Road. Nashua,NH 03000 25 80 WOR Associates Limited 355 Middlesex Road Wilmington,MA 01887 26 83 Rupp Realty Trust 400 Willow Street North Andover,MA 01845 25 85 United Realty Trust 105 Fiagshlp Drive North Andover,MA 01845 107,13 25 ARC Realty Corp 100 Flagship Drive North Andover,MA 01845 107.0 41 Alison Novello 84 Pine Ridge Road North Andover,MA 01846 107.0 47 Rlchard Sullivan 99 Marian Drive North Andover,MA 01845 107.0 48 Daniel Lanen 111 Marian Drive North Andover,MA 01845 107.0 49 Rlchard Cavanaugh 123 Marian Drive North Andover,MA 01845 i Dale 412612006 Page 4 0! 1 This certifies that the names appearing on the records the Assessors Office as of opt)ofoe Dd G Certified pate i RE0EP/Ln JoYcE BRAD-8HAw hall he filed° w N o F NORTH A D o �" E NOSH TOWN CLERK Any appeal s -9A S S A C H t 5ETTs within (20) days after the JUL 9 05 A '96 late of filing of this Notice in the Office of the Town Clerk. .,."A • "s�cKvS°�4 k � NOTICE OF DECISION y I Date. 7u1 3: .1896 . . . . . . . . . . . . . . . . I Jun 4, Jun 18, 1996 Date o Hearing_ - - - . ,7uly� 2, 199�i' Channel Building Co. , Inc. Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Flagship Drive, North Andover Business Park Premisesaffected . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements � North Andover Zoning Bylaw Section 8.3 (site plan review) ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . , . . . . . . . . . . . . . . . . , . , . , . . . , allow construction of a 50,000 sq ft one story building. soas to 'PieWW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the .Planning Board voted CONDITIONALLY to '� OVE . , . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the follocving conditions: CC: Director of Public Works . Building Inspector Natural Resource/Land Use Planner Health Sanitarian Signed Assessors Police Chief �7ose�h V; Mahoney., Chaa.rman, , . , . Fire Chief Applicant Richard Rowen; Vice, chairman„ Engineer Clerk. rile Alison Le. . . . . . . . . interested Parties Richard Har'della. . . . . . . . . . . . . . . . I lohn Simons 'lown of Noah Andover tl°RTC, O`{i itl° OMCF,OF COMMUNITY DEVEEOPMENT•AND SERVICES • x x 146 Main Street ' 4 /H tii i«Mr North Andover, Massachusetts ONO �Ssacµus�� 6 July 3, 1996 Ms , Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 i Re; Special Permit/Site Plan Review 150 Flagship Drive I Dear Ms , Bradshaw, The North Andover planning Board held a public hearing on Tuesday evening, June 4, 1996 at 7 ,, 30 p.m. in the Senior Center behind the Town Building, on the application of Channel Building Company, Inc. , 242 Neck Road, Haverh.illi MA 01.830 for a special permit under Section 8 , 3 (Site Plan Review) :of the North Andover Zoning Bylaw, The Legal, notice was properly advertised in the North Andover Citizen on May 15 and May 22, 1996 and all parties � of interest were duly notified. -The 'following members were present; Richard Rowen, Vice Chairman, Alberto Angles, Associate' i Member, Richard Nardel.l.a and John Simons. The petitioner was requesting a special permit to al.l.ow for the construction of a 50, 000 sq ft one story building. The premises affected is 150 Flagship Drive, North Andover n Business Park, Mr. Angles read the legal notice to open the public hearing. Paul. Kneeland, president of Channel. Building, was present and stated that the location of the property is lot 1 North Andover Business Park with frontage on 150 Flagship Drive . The proposed building is to house Town Printing currently located on Charles Street . It is a .50, 000 sq ft parcel formerly zoned residential, ,400 but changed at Town Meeting. to Industrial. -- 1 . The site plan was developed keeping in mind all the covenants placed on the property years ago i .e . building height, buffer zones, site lighting, trash management, noise level ', No abutters were present, but Greg Wei.ch from Channel Buildi:n stated he will. send to Peter Novell.•o, an abutter, the list of items covered in the covenant and how they are being addressed, Frank Monteiro, MHF Group in Salem, N,H, was present and stated that the property is 8 , 9 acres -and access will be through a 50' wide lot , A Form A has been submitted to avoid a wetland crossing, There will be a row of white pines installed .and Landscaping done around the perimeter of the building, There is existing water and sewer and a detention pond will be provided. There is a swal.e around the perimeter of. the property and a 2 to 1 cut; slope to swal.e. The building is at elevation 263. Mr. Simons asked Mr. Monteiro why clear as much land a's shown on the plan and Mr. Monteiro replied that it is necessary so that the building will be on one elevation, Mr. Simons asked why can't you put the drainage into the' subdivisiori drainage and Mr. Monteiro replied it can' t accommodate any more. Mr. Rowen stated that because of the steep slopes we may require interceptor drains . Mr, Rowen asked where will you place snow storage and Mr. Monteiro replied off to the side of the b'ullding. Mr. Mardel.la asked what are the hours of operation and Mr. Poore replied 7 am to 11 pm 5 days a week, some Saturdays and very minimum Sundays. Mr. Simons asked Mr. Monteiro to address the. lighting and Mr.. Monteiro stated that t~he're will be several. 3o' high poles around the building and wall pack lighting on the building. ' Ms . Colwell stated that she is waiting for a report: fiom John Chessia on the drainage ' calcs, but doesn' t feel there will be anything overwhelming. A site walk is scheduled for June 15, 1996 at 8 a.m. Continued until. June 1.8, 1996. The North Andover Planning Board held a regular meeting on June 18, 1996. The following members ,were• present : Joseph V, Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Le' scarbeau, Clerk, John Simons and Richard Nardell.a. This is a continuation of the public hearing, Greg Wei&from Channel Builders was present and stated that Peter Novello, an abutter, was, notified of the site walls but did not attend. Ms, Colwell stated that the drainage issues have not been addressed, but they should be by the July 2, 1996 meeting, Ms, Colwell also discussed a potential issue with the Conservation Commission, The most appropriate place for the wetland replication area'in located adjacent to the stone wall in between the proposed project site and the property boundary with Peter Novello. The covenant placed on the property states that a fifty toot buffer zone must remain from the stone-wall towards the project site, it does not state that the area between the stone wall and Peter Novellos' property would remain undisturbed, It was always assumed that this area would not be disturbed as the majority of the land is a wetland resources area-Because the majority of the area is a wetland resource area is also the best location for the wetland replication area. Mike Howard, Conservation Administrator, will review an alternate location off site however the ConCom has' never approved off site replication and it is doubtful that this location will work, Mr. Paul Kneeland,Bayfield Development, presented a letter from Peter Novello stating that he understood that the wetland replication area would be adjacent to the stone wall. He does not object to the location as long as tree clearing is minimized, The.Planning Board discussed that they This is a continuation of the public hearing, Greg Weich from Channel Builders was present and stated that Peter Novello, an abutter, was notified of the site walk but did not attend, Ms. Colwell stated that the drainage issues have not been addressed, but they should be by the July 2, 1996 meeting. Ms, Colwell also discussed a potential issue with the Conservation Commission. The most appropriate place for the wetland replication area in located adjacent to the stone wall in between the proposed project site and the property boundary with Peter Novello, The covenant placed on the property states that a fifty foot buffer zone must remain from the stone wall towards the project site, 1t does not state that the area between the stonewall and Peter Novellos' property „ would remain undisturbed. Zt was always assumed that this area would not be disturbed as the majority of the land is a wetland resources area. Because the majority of the area is a wetland resource area is also the best location for the wetland replication area, Mike Howard, Conservation Administrator, will review an alternate location off site however the ConCorn has never approved off site replication and it is doubtful that this location will work. Mr, Paul Kneeland,Bayfteid Development, presented a letter from Peter Novello stating that he understood that the wetland replication area would be adjacent to the stone wall, He does not object to the location as long as tree•clearing is minimized, The Planning Board discussed that they would support the alternate location for the replication, however if the ConCom determines that there is no other appropriate location other than adjacent to the stone Wall the Board would approve that location, Staff was directed to draft a decision for the July 2, 1996 meeting, Continued to July 2, 1996 meeting. The North Andovdr Planning Board held a regular meeting on July 2, 1996. The tollowing members were present ; Joseph V. Mahoney, Chairman, Richard Rowen, Vice chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John. Simons and Richard Nardel.la . Continuation of the public hearing. Ms . Colwell stated that the two remaining issues are stormwater drainage and replication of wetlands , The stormwater drainage has been adequately addressed by the applicant. Paul. Kneeland stated that he met with Bill Scott and Mike Howard.. The anly 3 I f1 ' E I location available for the wetland replication is between the stone wall and Mr. Novel.l.o' s property, Mr. Howard will recommend that the replication be completed at a ratio of 1 t 1. instead of 2 : 1 to reduce the area of cleaning . On a motion by Mr. Rowen, seconded by Ms . Lescarbeau, the Board voted unanimously to close the public hearing, Ms . Colwell had a draft decision ready for the Board to review. On a motion by Mr. Nardel.l.a, seconded by Mr. Angles, the Board voted unanimously to approve the draft decision as amended. Attached are those conditigns . Sincerely, �. KAr Joseph V. Mahoney, Chairman North Andover Planning Board E I ISO Flagship Drive Site Plan Review- Special Permit The Planning Board herein approves the Special.Permit/Site Plan Review for the construction of a 50,000 sf 'industrial building with the potential for a 13,000 sf addition.located in the Industrial-1 Zoning District. This Special Pertnit was requested by Channel Building Company, Inc., 242 Neck Road, Haverhill, MA 01830 for property owned by Business Park Realty Trust, Robert J. Palumbo, Trustee, 242 Neck Road, Haverhill, MA 01830. This application was filed with the planning Office on May 13, 1996. i The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and 10.3: FINDINGS OF DUCT: I 1. The specific site is an appropriate location for the project as it is zoned for industrial use. 2• The use, as developed, will not alversey a e tfe ne3gTibar�iooc as the site is locatecl €n the - - - industrial park and sufficient buffer zones have been created to shield the use from adjacent residential properties. 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8,4 of the Zoning Bylaw with review by the Planning Board; S. The site drainage system is designed in accordance with the Town Bylaw requirements subject to the conditions of this decision; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8,35 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: SPFCUL CONDMONS: L Prior to the endorsement of the plans by the Planning Board, the applicant shall adhere to the following; a) Corrections and additions must be made to the plan as follows: i) Storm drain inverts on the plans and in the report differ at the stub to Lot 75, at CB#6 and DMH#3. I i I U) Details of the retaining wall must be provided, b) A full set of plans must be submitted.to the Town planner for review within ninety days of fibg the decision with-the TowwClerk, c) A bond in the amount of ten thousand ($10,000) dollats shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted, The bond is also in place to insure that the site is constructed in accordance with the approved plan. 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, d) 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 the site, 2, Prior to FORM U verification (Building Permit Issuance); a) The plans must be endorsed and three(3) copies of the signed plans must be delivered � to the Planning Department, b) This decision shall be recorded at the Essen North Registry of Deeds and a recorded copy delivered to the Planning Staff, 3, During construction,the following issues must be addressed-, a) If groundwater breakout should occur within the deep cut slopes along the west and south sides of the site, suitable subdrains should be designed and installed to address the issue. Water should not be allowed to seep out of the slope for collection in the swale since seepage may result in erosion and impact the stability of the slope, b) Groundwater levels during the construction of the proposed detention basin must be. monitored. Groundwater seepage may effect slope stability and erosion may result, 4. Prior to verification of the Certificate of Occupancy; a) The building must be constructed as presented to the,Plmning Board and as shown on the fallowing plazas; i) Plan titled; Elevations 3J32=1' Project; TomPrint'mg,Inc. Lot 1 North Andover Business Park Drawing No.: AM Date: 4/26/96 Prepared by; Channel ii) Plan titled; Site Plan A.ssensors Map 25 -Lot 92 2 I . Flagship Drive North Andover,Massachusetts Prepared for: Channel Building Company, Inc, Neck Road Haverhill,Massachusetts 01830 Prepared by: . MHF Design Consultants, inc. Manor Parkway Salem,New Hampshire 03079 Scale: 1" u 40' Date: April 26, 1996; rev. SIX 0196 Sheet 4 of 10 Owner of record: Business Park Realty Trust c/o Paul I Kneeland&Steven R.Webster,Trustee Neck Road Haverhill,Massaehusetts 01830 b) The landscaping must be planted as shown on the plan presented to the Pla uftg Board as follows: i) Plan titled: Landscape Plan Assessors Map 25-Lot 82 Flagship Drive North Andover,Massachusetts Prepared for: Channel Building Company,Inc, Neck Road Haverhill,Massachusetts 01830 Prepared by: MIIF Design Consultants, inc.- Manor Parkway Salem,New Hampshire 03079 Scale: 1" 40' Date: April 26, 1996; rev. 6/13/96 Sheet: 6 of 10 c) All artificial lighting used to illuminate the site shall be approved by the Planning Staf. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets, The site shall be reviewed by the Planning Staf. Any changes to the approved lighting plan as may be reasonably required by the Plarming Staff shall be made at the owner's.expense. d) All buildings shall have commercial fire sprinlders installed in accordance with the North Andover Fire Department, e) The site must have received all necessary permits and approvals from the North Andover Board of Health and the Conservation Commission. S, Prior to the f nAl release of security: a) The site shall be reviewed by the Planning Stan, Any screening as may be reasonably i . 3 ............ .......... . I required by the Planning Staff andlor Tree Warden will be added at the applicant's expense, The wetland replication area will be specifically reviewed. b) A final as-built plan showing the location of all on- site utilities, structures, curb.cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Division of Public Works, f 6. Note; The 13,000 sf addition must be constructed in accordance with these plans. Any revisions shall be submitted to the Town Planner for review. ff these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval, 7. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected and maintained during construction with hay bales to prevent siltation into the drain lines, 11. No open burning shall be done.except as is permitted during burning season under the hire Department regulations. 12, No underground fuel storage shall be installed except as may be allowed by Town Regulations, 13. All signs must consistent with the signage currently on site and must comply with the sign bylaw. 14. All mechanical devices (i.e.: HVAC, vents, etc.) which may be visible from any surrounding roadways shall be placed on the rear roof be. 15, 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. 16. 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. 17. Any revisions shall be submitted to the Town Planner for review, If these revisions are deemed substantial, the applicant must submit revised:plans to the Planning Board for approval. 18. This Special Permit approval shall be deemed to have lapsed after S /�ion (two years from the date permit granted) unless substantial us or construhas commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. i 4 ' F • ' f ICI 19, The following information shall be deemed part of the decision: a) Plan titled: Proposed Site Development Map 25 -Lot 82 Flagship Drive North Andover,Massachusetts Prepared for: Channel Building Company, Inc, Neck Road Haverhill,Massachusetts 01830 Prepared by: METE Design Consultants, inc. Manor Parkway Salem,New Hampshire 03079 Scale: as noted on individual sheets Date, April 26, 1996;rev, 6/13/96 Sheets: i through 10 as follows:. Title Sheet Existing Conditions Plan Plan of Land Site Plan Grading and Utility Plan - -.. ..,.. _. _.... .-Landscape plan Details Details. . Details 10.Detaits b) Plan titled: Elevations 3132=1'Project: Town Printing,Inc. Lot 1 North Andover Business Park Drawing No. A.3M1 Date; 4l26/96 Prepared by: Channel rt c) Report titled: Drainage Analysis for Proposed Site Development Assessors Map 25 Lot 82 Flagship Drive North Andover,Massachusetts Prepared by: MIFF Design Consultants,Inc, Manor Parkway Salenn,New Hunpslvre 03079 Project# 40996 Prepared for: Channel Building Company,Inc, Neck Road Haverhill,Massachusetts Dated: April 26, 1996;rev. June 13, 1996 d) This decision was drafted in accordance with the provisions of the Restrictive Covenant between the Trustees of Business Park Realty Trust and the Town of North Andover recorded in the North Essex Registry of Deeds as Instrument No• 17260. cc; Director of Public Works Building Inspector Health Adnnistrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 150 Flagship Drive-Site Plan Review ' f