HomeMy WebLinkAbout2020-12-15 Recorded Decision SPR e
PLANNING DEPARTMENT
' Community Development Division
Ard6 ,� 120 Main Street
.r".. North Andover,Massachusetts, 01845
ri i t
35
NOTICE OF DECISION
SITE PLAN REVIEW SPECIL PERIVIT'C , : ;,•;•.
MODIFICATION '. . .. ;r .
Any appeal shall be Tided
within(20)clays after the B k T 16771 �P s 7 3 v S�IS
date of filing this notice in 0- 16 —210. e�
the office of the Town Clerk ��s sa a
Date: December 15,2024
Date of Hearing: December 1;2026,Decembibr.
15,2020
Date of Decision: December 15,2020
Petition of: Deborah L Colbert,P.E.
185 Centre Street This Is to cer*chat twenty(20)d4o
Danvers,MA 01923 have elapsed from date of dedalotti
vrithout fi[l Dote
Owner: David Sampson Trudy'
p
1270 Turnpike Street Tarn Gisrfc ,
North Andover,MA 01845
Premises Affected: Assessors Yhp 107.A,Lot 148
The above application for a Site Plan Review Special Permit Modification is in accordance with the
requirements of the North Andover Zoning Bylaw,Article 8, Supplementary Regulations,Part 3 Site Plant
Review,Article 10 Administration,Section 195-10.7 and Massachusetts General Law Chapter 40A,Section
9.
So as to allow the applicant to ro-stripe existing parking spaces and add nine(9)new parking spaces,as well
as additional site improvements to the rear of the existing building which include adding a fence,regrading,
loam and seeding and adding a new retaining wall to improve accessibility to open space. No charges to the
existing building proposed, The property is located in the Village Commercial Zoning District.
After a Public Nearing given on the above date, and upon a motion by J. Simons and 21 by A, Preston to
APPROVE the Site Plan Review Special Permit Modification,as amended,and based upon the following
conditions.The vote was 5-0,unanimous in favor of the application.
On be if of the Nv b Andover Planning Board
Eitan Goldberg, Chairman
John Simons
Aaron Preston
Kate Bargnesi
Peter Boynton
1
Bk 16771. Pg74 #5318
Deborah L Colbert,P.E.
185 Centre Street
Danvers, MA 01923
SPR Special Permit Modification
December 15,2020
The Site flan Review Special Permit application was filed with the Planning Board on November 3,2020, The
Public Hearing on the above referenced application was opened on December 1,2020 and closed by the North
Andover planning Board on December 15,2020.
On September 15,2020,upon a motion made by J.Simons and a second by A.Preston to APPROVE,as
amended, a Site Plan Review Special Permit Modification to authorize the re-striping of existing parking
spaces and add nine(9)new parking spaces,as well as additional site improvements to the rear of the existing
building which include adding a fence,regrading,loam and seeding and adding a new retaining wall to improve
accessibility to open,space. No changes to the existing building proposed, The property is located in the
Village Commercial Zoning District. The Project is located at 1270 Turnpike Street, North Andover,
Massachusetts,01845,Assessors Map 107.A,Parcel 148 within the Village Commercial(VC)Zoning District.
The parcel totals approximately 98,183 SF with frontage on Turnpike Street. This Special Permit Modification
was requested by Deborah L. Colbert, 185 Centre Street,Danvers, MA 01923, The Applicant submitted a
complete application, which was noticed and reviewed in accordance with Article 8, Supplementary
Regulations,Part 3 Site Plan Review,Article 10 Administration:,Section 195-10.7 and Massachusetts General
Law Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and
CONDITIONS set forth in this decision.
The Planning Board vote was 5-0,unanimous,in favor. A special permit issued by 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,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 finding that the intent ofthe Bylaw,as well as its specific criteria are met. This
decision specifically stated by the Planning Board makes the following FINDINGS OF FACT:
FINDINGS OF FACT:
1) The specific Site is an appropriate location for suoh a use,structure or conditions as the added parking
is assisting in increasing the ability to provide adequate parking for potential tenants and by utilizing
the space appropriately and efficiently behind the building for increased outdoor spaces and
accessibility.
2) The use as developed will not adversely affect the neighborhood as the property is located in the Village
Commercial zoning district. Situated on the parcel is an existing 5,700+1 commercial Office building.
3) There will be no nuisance or serious hazard to vehicles or pedestrians.
4) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
5) At the October 30,2001 Planning Board meeting the Site gained approval of a Site Plan Review Special
Permit for the construction of a 5,700 SP office building with related parking and landscaping in the
Village Commercial zoning district.
6) The Plans have been revised to include a 4' high fence and evergreen shrubbery in order to provide
proper screening from Rt. 114.
2
E
Bk 16771 Pg75 #5318
i
Deborah L Colbert,P.R.
185 Centre Street
Danvers,MA 01923
SPR Special Permit Modification
December 15,2020
7) The Site is subject to an Easement flan(Plan##13576 recorded at the North Essex Registry of Deeds)
and. associated Access Easement and Sewer Easement Agreement (Book 5942, Page 266-267; Book
5563.Page 47-49).It is understood that the easements do not prohibit parking spaces.These easements
have been reviewed with Town Counsel and determined not to prohibit creation of the proposed parking
i
spaces.
8) The Project has been reviewed by the Town Engineer,John Borges!. Based on the Plans submitted all of
his comments from his original review have been addressed. (See email correspondence dated October j
20,2020,October 27,2020 and December 4,2020).
9) The Project has been satisfactorily reviewed by the Police Department(oonfi ming email Lt.Lanen dated
Nov. 5, 2020), the Fire Department(confirming emails Lt. Michael Beige dated Nov. 3, 2020),Health
Department(confirming email from,B.LaGrasse dated Nov.3,2020),and DPW Operations(confirming
email dated November 5,2020).
10)Finally the Planning Board finds that this Project generally complies with the Town of North Andover
.Zoning Bylaw.requirements as listed in Article 8,Supplementary Regulations,Part 3 Site flan Review,
but requires conditions in order to be, fully in compliance. The Planning Board hereby grants an
approval to the Applicant provided the following CONDITION'S are met:
SPEC1fAL CONDITIONS:
11)Permit Definitions:
a. The"Locus"or"Site"refers to the 98,183 SF parcel of land with land fronting on 1270 Turnpike
Street as shown on Assessors Map 107.A,Parcel 148.
b. The "Plans" refer to the plans prepared by Hancock Associates, 185 Centre Street, Danvers,
Massachusetts 01923, entitled "1270 Salem Twnpikes2, North Andover, Massachusetts 01845"
dated October 30, 2020 and Revised to December 15, 2020, consisting of Grading and Drainage
Plan CI and Layout and Materials Plan C2.
c. The"Project"refers to the re-striping of existing parking spaces and add nine(9)new parking
spaces, as well as additional site improvements to the rear of the existing building which
include adding a fence, regrading, loam and seeding and adding a new retaining wall to
improve accessibility to open space. No changes to the existing building proposed, The
property is located in the Village Commercial Zoning District.
d. The "Applicant"refers to Deborah.L. Colbert, P.E., 185 Centre Street, Danvers,MA 01923, the
Applicant for the Special Permit Modification,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.
12) The following requested WAIVERS or MODIFICATIONS to off-street parking Design Standards
(195-8.5) are granted as the Site was previously constructed in accordance with the October 30, 2001
Site Plan Review Special Permit.
a. §195-8.5.A: Modification by the Planning Board to reduce the parking aisle width from 25'to
24' as it exists today.
b. §195-8.5.D: Waiver to allow for pavement without curbing in the vicinity of the Access
Easement to the Pump Station as it exists today.
c. §195-8.6.E(l): Waiver to allow for parking at the :front of the property. This waiver was
granted in the approved Site flan Review Special Permit of October 30,2001.
3
Bk 16771 Pg75A #5318
Deborah L Colbert,P.E.
185 Centre Street
Danvers,MA 01923
SPR Special Pennit Modification
December 15,2020
d. §195-8.6.E(2): Waiver to allow for one landscaped island to be three(3)feet and planted with
ground cover.
e, §195-8.14: Waiver from requirement that all landscape plans shall be prepared by a certified
landscape architect registered in the Commonwealth of Massachusetts.
f §195-8.14.E(1): Waiver for a location map t a scale of 1"equals 1,500'. Locatio195-8.14m
map scale is l"inch equals 2,000'
g. §195-8.14.E(5): Waiver for showing topography 50' beyond the perimeter of the Site.
h. §195-8.14.E(6): Waiver from providing all zoning information as this was submitted with the
approved Site Plan Review Special permit granted October 30,2001.
i. §195-8.14.E(7): Waiver from providing a drainage area map. A stormwater drainage memo
has been provided.
j. §195-8.14.B(8): Waiver from providing a Stormwater flan,A storznwater drainage memo has
been provided.
k. §195-8,14.E(9): Waiver from providing the existing building's overall height.
1. §195-8.14.E(10): Waiver from providing building elevations.
m. §195-8.14.E(16): Waiver from providing a Landscape Plan. Proposed landscaping is shown
on Materials and Layout flan.
n. §195-8.14.E(19): Waiver from providing a traffic study. This waiver was granted in the
approved October 30,2001 Site Plan Review Special Permit.
o. §195-8.14.E(22): Waiver from providing a Fiscal Impact Statement beyond what has been,
stated in the application.
p. §195-8.14,E(23): Waiver from providing a Community Impact Statement beyond what has
been stated in the application.
q. §195-8.18.A:Waiver of requirement of a strip of land at least six feet wide with trees or shrubs
densely planted,to create at least an impervious screen, at least four feet high at the time of
planting and which are of a typo that me be commonly expected to forte a year-round
impervious screen at least five feet high within three years. The strip of land fronting Turnpike
Street to serve as a landscape buffer is five feet wide and will be planted with evergreen
shrubbery and a four foot(4')high fence.
r. §195-8.18.D: Waiver from requirement of planting at least one tree for every 30 linear feet on
at least three sides of the perimeter of an outdoor parking lot with 20 or more spaces due to the
proximity of the wetlands and the existing tree line.
s. §195-•8.19: Waiver from engaging in tho services of a registered landscape architect.
13) Per North Andover Fire Department:
a. Access to fire protections equipment on the exterior of the building shall be maintained. Thirty-six
minimum clearance around fire protection features as well as a clear, unobstructed path to Fire
Department conmcctions is required to be maintained per 527 CMR.
b. hydrants in the general vicinity of the Site remain unobstructed by anywork related to the proposed
project.
c. Fire lanes and access roadways remain unchanged,open and unobstructed.
14) The Planning Director shall approve any changes made to these flans, Any changes deemed substantial
by the planning Director would requite a Public Hearing and Modification by the Planning Board.
PRIOR TO ANY LAND DISTURBANCE and/or BUILDING PERWHT
15) Two (2)copies of the signed recorded Notice of Decision and flans shall be delivered to the Planning
Department,
4
Bk 16771 Pg75B #5318
Deborah L Colbert,P.C.
185 Centre Street
Danvers,MA 01923
SPR Special Permit Modification
December 15,2020
16) The Pfoperty Owner provide a signed Version of the Illicit Discharge Statement two weeks prior to the
beginning of any land disturbance.
17) The Applicant shall provide the Planning Board with copies of permits,plans and decisions received
from all North Andover land use Hoards.
18) In consultation with the Planning Director,the Applicant shall designate an independent Environmental
monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for
Independent Monitors. Upon the start of site work the monitor shall make weekly inspections of the
Project(any suspension in monitoring due to inactivity on the Site shall be pre-approved by the Town
Planner),provide monthly reports to the Planning Department, and detail any areas of non-compliance
and corrective actions.The monitor will also provide reports following heavy rain events.
19) A detailed construction sequencing plan shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the Site.
20) 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 therm be deposited into an interest bearing bond
account.
21) All applicable erosion control treasures must be in place and reviewed and approved by the Planning
Director. Should the Planning Director determine additional erosion control measures are necessary the
Applicant shall provide said measures at his own expense.
22) A pre-construction meeting must be held with the developer, their construction employees, Planning
Department and other applicable depattments,to discuss scheduling of inspections to be conducted and the
construction schedule.
DURING CONSTRUCTION
23) Dust mitigation must be performed weekly, or more .frequently as directed by the Town planner,
throughout the construction process,
24) In an effort to reduce noise levels,the developer shall keep in optimum working order, through regular
maintenance,any and all equipment that shall emanate sounds from the structures or Site.
25) Any stockpiling ofmaterials(dirt,wood,construction material,etc.)roust be shown on a plan and reviewed
and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced of
to minimize any dust problems that may occur with adjacent properties.
26) It shall be the responsibility ofthe 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. Of site erosion will boa basis for the Planning Board snaking 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 three days to cure said condition.
PRIOR TO CPRT)WICA E Or, OCCUPANCY
5 ',
Bk 16771 Pg75C #5318
Deborah L Colbert,P.E.
185 Centre Street
Danvers,MA.01923
SPR Special Permit Modification
December 15,2020
27) The Applicant must submit a letter from the project engineer that the building,parking spaces,
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.
PRIOR TO')E'kIE F)WAL RE,LE.A,SE OF ALL SECURITY AND ESCROWED FUNDS
28) The planning Staff shall review the Site. Any screening as may be reasonably required by tho Planning
Staff will be added at the Project Owner's expense.
29) 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 form as well as in SDF
(Standard Digital File) format, The as-built shall also provide a calculation showing the increase in
impervious area.
30) The Planning Board must by a majority vote make a ceding that the Site is in eonfbimance with the
approved plan.
GENERAL CONDITIONS
31) Any plants,tree,shrubs,or fencing that have been incorporated into the PIans approved in this decision
that die or fall into disrepair must be replaced by the project Owner in perpetuity.
32) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
33) Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by the respective
utility companies.
34) 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.
35) No open burning shall be dome except as is permitted during burning season under the Fire Department
regulations.
36) The owner shall apply to the Board of Health for the appropriate dumpster permit,if needed.
37) 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.
38) 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. '
39) Any revisions shall be submitted to the Planning Director 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(Revision.to Approved Site plan)of the Zoning Bylaw
6
Bk 16771 Pg75D #5318
Deborah L Colbert,P.B.
185 Centre Street
Danvers,MA 01923
SPR Special Permit Modification
December 15,2020
40) This Special Permit approval shall be deemed to have lapsed after December 15,2022(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 has commenced within said two-year period or for good cause.
For purposes of this development,the developer shall be deemed to havo undertaken substantial use or
construction if the developer has begun any Site grading or tree clearing.
41) This decision must be fled with the North Essex,Registry of Deeds. The following information is
included as part of this decision:
Plait titled: 1270 Salem Turnpike,North Andover,Massachusetts 01845
Prepared for; David Sampson
51 Elliot Street
Danvers,MA 01923
Prepared by: Hancock Associates
185 Centre Street
Danvers,MA.01923
Scale, 1"=20'
Date: October 30,2020 and Revised to December 13, 2020
Sheets: Grading and Drainage Plan C1,Layout and Materials plan C2
Drainage Memorandum: 1270 Turnpike Street—Drainage
Prepared for: Town ofNorfh Andover Planning Board
Main Street
North Andover,MA 01845
Prepared by:. Deborah L.Colbert,P.E.
185 Centre Street
Danvers,MA,01923
Date: October 29,2020
Operations&Maintenance Plan
Prepared by: Hancock Associates
185 Centre Street
Danvers,MA 01923
Prepared for: 1270 Turnpike Street
Date: December 11,2020
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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