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PLANNING DPPARTM-flX 'S A 110-j r-;l'
Community Development Division ASS'Oft
1 600 Osgood Street AAWNorth Andover, Massachusetts, 01845 I
This is to c:erft that twenty(20)days
SITE PLAN REVIEW DECISION have elapsed from date at decislogptiilotl
witiiotat thing of an a
Any appeal shall be filed Date
within(20) days after the JoToww A,n CIarltk h�
date of filing this notice in
the office of the Town Clerk,
Date: April 7, 2015
Date of Hearing: April 7, 2015
Date of Decision: April 7, 2015
Petition of: Nova Flagship LLC
94 Flagship Drive
North Andover, MA 01845
Premises Affected: 94 Flagship Drive
Assessors Map 107.0 Lot 77
The above application for a Site Plan Review Special Permit is in accordance with the
requirements of the North Andover Zoning Bylaw, Section 8.3 and 103, and Massachusetts
General Law Chapter 40A, Section 9.
So as to allow a 315 square foot loading dock addition, modifications to lot entrance for truck
access, modifications to drainage system to relocate pipe lines, creation of pervious area at rear of
lot, pedestrian and forklift access between 80 Flagship Drive and 94 Flagship Drive, and change of
building use in the Industrial 1 (I1)zoning district.
After a public hearing given on the above date, and upon a motion by L. Rudnicki and 2"d by D.
Kellogg 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 behalfbf the North Andhver Planning Board
John Si ns, Chairman
ESSG)( NORTH REGISTRY PF DEEDS L. McSheny
z �C: L. Rudnicki
LAWRENCE,MASS. � -= �� Peter Boynton
A TRUE COPY:ATTEST: Dave Kellogg
ga ATfEST.-
A True Copy
REGISTER OF DEEMS n_-•• a,-4�( &.0-
Town Clerk
l . -
Nova Flagship LLC
Map 147.C,Parcel 77
Site Plan Special Permit
A) The"Locus"or"Site"refers to the 81,334 sq. ft. parcel of land with land fronting on Flagship
Drive as shown on Assessors Map 107.C,Parcel 77.
B) The "Plans" refer to the plans prepared by Christiansen & Sergi, Inc. 160 Summer Street,
Haverhill, Ma 0 183 0, entitled "Plan of Proposed Conditions located in North Andover, Ma",
dated September 15,2014,as most recently revised on March 9,201S,consisting of Sheet 1.
C) The "Project" refers to a 315 square foot loading dock addition, modifications to lot
entrance for truck access, modifications to drainage system to relocate pipe lines, creation of
pervious area at rear of lot, pedestrian and forklift access between 80 Flagship Drive
and 94 Flagship Drive, and change of building use in the industrial 1 (II)zoning district.
D) The "Applicant" refers to Nova Flagship LLC, 94 Flagship Drive, North Andover, MA
01845,the applicant for the Special Permit, its successors and assigns.
E) The "Project Owner" refers to the person or entity holding the fee interest to the title to the
Locus from time to time,which can include but is not limited to the applicant, developer, and
owner.
2) A site inspection must be scheduled with the Planning Department for the purpose of verifying
that the interior catch basin to be eliminated has been properly filled with concrete.
3) Truck deliveries shall be limited to regular business hours between 8:00 am and 5:00 pm.
4) The storage container is "temporary" and must be removed within two years from date of permit
granted.
2) PRIOR TO THE START OF CONSTRUCTION
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 developer shall provide the Planning Board with copies of permits, plans and decisions
received from all North Andover land use Boards.
D) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
E) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of
insuring that the site is constructed in accordance with the approved plan and that a final as-built
plan is provided, showing the location of all on-site structures. This bond shall be in the form of
a check made out to the Town of North Andover. This check will then be deposited into an
interest bearing bond account.
F) The project manager will provide weekly reports on the status of the project.
G) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
H) A pre-construction meeting must be held with the developer,their construction employees,Planning
3
Nova Flagship LLC
Map 107.C,Parcel 77
Site Plan Special Permit
The Planning Board herein APPROVES a Site Plan Review Special Permit for a 315 square foot loading
dock addition,modifications to lot entrance for truck access,modifications to drainage system to relocate
pipe lines,creation of pervious area at rear of lot,pedestrian and forklift access between 80 Flagship
Drive and 94 Flagship Drive,and change of building use in the Industrial 1 (I1)zoning district. The
project is located at 94 Flagship Drive,North Andover,Massachusetts,01845,Assessors Map 107.C,Parcel
77 within the Industrial 1 (I1)Zoning District.The parcel totals approximately 81,334 sq, ft.with frontage on
Flagship Drive. This Special Permit was requested by Nova Flagship LLC 94 Flagship Drive,North
Andover,MA 01845. The application was filed with the Planning Board on or about February 27,2015.
The public hearing on the above referenced application was opened on April 7,2015,and closed by the North
Andover Planning Board on April 7,2015. 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 CA0A,Sec.9.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FMINGS OF FACT:
1) The specific site is an appropriate location for the project as it is zoned Industrial 1.
2) The project includes approximately 2,300 sq. ft. of additional impervious surface at the main entrance
and front of building and 2,350 sq. ft. of pervious surface in the rear parking area will be created by
the proposed upgrades.
3) The 315 square foot loading dock addition has been located at the front of the building to mitigate the
impact to the neighborhood.
4) The use as developed will not adversely affect the neighborhood as the property is located in an
Industrial I zone and the improvements will have little effect on abutting properties.
5) The project was reviewed by the Conservation Commission on March 11, 2015 and received a
Negative Determination of Applicability.
6) The site improvements have a minimal impact to parking and other uses.
7) There will be no nuisance or serious hazard to vehicles or pedestrians.
8) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
9) 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:
SPECIAL CONDITIONS:
1) Permit Definitions:
2
Nova Flagship LLC
Map 107.C,Parcel 77
Site Plan Special Permit
Department and other applicable departments,to discuss scheduling of inspections to be, conducted
on the project and the construction schedule.
3) DURING CONSTRUCTION
A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner,
throughout the construction process,
B) 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 fiom the structures or site.
C) 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.
D) It shall be the responsibility of the developer to assure that no erosion from the construction site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site construction. Off-site erosion will be a basis for the Planning
Board making a finding that the project is not in compliance with the plan; provided, however, that
the Planning Board shall give the developer written notice of any such finding and ten days to cure
said condition.
4) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
B) A final as-built plan showing final topography,the location of all on- site utilities, structures,curb
cuts, parking spaces and drainage facilities, including invert elevations of all stormwater
structures, must be submitted to the Planning Department. The as-built must be provided in paper
farm as well as in SDIi (Standard Digital File) format, The as-built shall also provide a
calculation showing the increase in impervious area, The applicant must also submit a letter from
the architect and engineer of the project stating that the building,landscaping, lighting and site layout
substantially comply with the plans referenced at the end of this decision as endorsed by the Planning
Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the
Planning Board, to cover the full amount of the landscaping materials and installation if weather
conditions do not permit the completion of the landscaping prior to the use of the building.
C) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
5) GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) 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.
4
i
Nova Flagship LLC
Map 107.C,Parcel 77
Site Plan Special Permit
D) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations,
E) 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.
F) 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.
G) 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.
H) This Special Permit approval shall be deemed to have lapsed Miter April 7,2017 (two years from
the date permit granted), exclusive of the time required to pursue or await determination of any
appeals, unless substantial use or construction bas commenced within said two-year period or fog'
good cause. For purposes of this development,the developer shall be deemed to have undertaken
substantial use or construction if the developer has begun any site grading or tree clearing.
1) The following information shall be deemed part of the decision:
Plan titled: Plan of Proposed Conditions located in North Andover,Ma North Andover,MA
Prepared for: Nova Flagship,LLC
94 Flagship Drive
North Andover,MA 01845
Prepared by: Christiansen&Sergi
160 Summer Street
North Andover,Ma 01845
Scale: 1"=20'
Date: September 15,2014,revised to March 9, 2015.
Sheets: 1
Plan titled: Hood to be placed in catch basins
Prepared for: Nova Flagship,LLC
94 Flagship Drive
North Andover,MA 01845
Prepared by: Christiansen&Sergi
160 Summer Street
North Andover,Ma 01845
Date: March 2, 2015
Sheets: 1
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
5
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