HomeMy WebLinkAbout2003-04-08 Recorded Decision - SPR DEF SUB f 1
Town of North Andover
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Office of the Planning Department
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Community Development and Services Division Y ^
27 Charles Street
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North Andover, Massachusetts 01845
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Planning Director: woods@totivnofnorthandover.coin P (978) 688-9535
J.Justin Woods F (978) 688-9542
NOTICE OF DECISION
SENT DSPS VIA CERT U M D MAIL
is to certify that iwenky(20)days
have elapsed from date of decision,filed
RETURN RECEIPT REQUESTED without filing of an eat.
# 11003 OF 10 M00 OV4 _lL0 — pate
J9y04 Bradshaw
Town 04@fit
Site Plan Special Permit
North Andover Business Center
500 Sutton Street-Lighthouse Realty"Trust
The public hearing on the above referenced application was opened by the North Andover Planning Board on
March 25, 2003 and closed on April 8, 2003. Karl R. Dubay,P.E. of MHF Design Consultants,Inc., and Chris
Huntress of Huntress Associates, appeared on behalf of the petitioner, James(Jim)Cyrier, Trustee,Lighthouse
Realty Trust. �Tl
On May 6,2003,Nardella made, and White seconded,a motion to grant a Site Plan Special Permit to ;
allow for the construction of a steel and masonry building of 30,808 square foot mixed-use building and
related site improvements and landscaping within the Industrial=2 Zoning District,under the
requirements of Section 8.3 & 10.3 of the North Andover Zoning Bylaw. This Special Petirdt was
requested by the by James Cyrier,Trustee, Lighthouse Realty Trust, 109 Blue Ridge Road,North Andover,
MA.,01845. The original application,excluding revised documentation, as cited herein,was filed with the
Planning Board on submitted on February 21,2003 with subsequent submittals on file. The applicant submitted
a complete application,which was noticed and reviewed in accordance with Section 10.52 of the Town of
North Andover Zoning Bylaw and MGL Chapter 40A,Section 9. The motion to approve was subject to the
FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to dais decision.
The Planning Board voted on the motion by a vote of 5 in favor to 0 against (Schwartz did not vote). A
special permit issued by a special permit granting authority requires a vote of at least four members of a five-
member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning
Bylaw. Accordingly, the Application for the Site Plan Special Permit is approved with the attached
conditions.
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 Cilerk
Respectfully Submitted: , i t ,Q 3- n�_ _ CY
oods,Planning Director
h Andover Planning Board:
John Simons,Chairman
Alberto Angles,Vice Chairman
Richard Nardella,Clerk
q d 3 ,�i " (€91 George White A Trmb Copy ,
Felipe Schwarz
u_A T V 'r' i James Plunrtey,Associate Member ply"O.(4411�Town QleA
BOARD OF APPEALS 688-9541 BU1LDrNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Site Plan Special Permit
North Andover Business Center
500 Sutton Street-Lighthouse Realty Trust
May 13,2003
Page 2 of 3
Appendix A
In accordance with North Andover Zoning Bylaws Section 8.3 and 10.3, the Planning Board makes the finding
that the intent of the Bylaw, as well as its specific criteria, is met. Specifically the Planning Board makes the
following FINDINGS OF FACT:
1. The existing site is located in the Industrial-2 District at the Airport Access Road on Sutton Street within a
proposed lease area of approximately 2.6 acres. The specific site is an appropriate location for the project
given that the site is currently vacant land designated for non-aviation use.
2. The building as designed will not adversely affect the neighborhood. as the project includes substantial
landscaping along the Airport Access Road, the abutting properties immediately adjacent to the site are
across the streets and commercial in nature, and the residential abutters are set back substantially from the
site.
3. Based on a Traffic Impact and Access Study prepared by Dermot J. Kelly Associates, current and
projected traffic on the roadway Nvill sustain development of this project, and the site distance to adjacent
driveways and roadways are adequate. The Curb radii for the entrance/egress driveway is also sufficient.
A. There are no wetland resources or related buffers or ILSF exist at the site and the Conservation
Commission issued a negative order of conditions.
5. The proposed use is allowed in the 1-2 District, and conforms to the applicable dimensional criteria. A
Special Permit for the project was granted by the Zoning Board of Appeals.
6. No increase in runoff rates or volume will occur provided that the drainage infiltration system is
constructed as designed.
7. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the
Zo>vng Bylaw.
8. The Planning Board also makes a specific finding 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.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following
SPEC.IA1.CONDITIONS:
1) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the
following conditions:
a) A bond in the amount of five thousand dollars ($5,000) in the forra of a check 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 is submitted. The bond is also in Place
to insure that the site is constructed in accordance with the approved plan. The form of security must
be acceptable to the Planning Board.
2) Prior to the start of construction:
a) During construction, the site must be kept clean and swept regularly.
b) A construction schedule shall be submitted to the Planning Staff for the purpose of traeking the
construction and informing the public of anticipated activities on the site.
3) Prior to Building Permit Issuance(Form i1):
a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed 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 must provide to the Planning Department a recorded copy of the ZBA approval.
4) Prior to issuance of the Certificate of Occupancy:
a) The applicant must submit a letter frorn 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.
b) The building must comply with applicable state fire and building codes.
BOARD OF APPEALS 688-9541 BULLDING 638-9545 CONSERVATION 688-9530 HEALTH 683-9540 PLANNING 683-9535
i
Site flan Special Permit
North Andover Business Center
500 Sutton Street-Lighthouse Realty Trust
May 13,2003
Page 3 of 3
5) Prior to the final release of security: e
a) The Planning Staff'shall review the site. Any screening as may be reasonably required by the Planning
Staff will be added at the applicant's expense. Specifically after the detention pond is completed, the
Town Planner will review the site and any screening as may be reasonably required by the Town Planner i
will be added at the applicant'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 must be submitted to and reviewed by the Planning Staff
and the Division of Public Works.
6) 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 to
minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer
than one week must be fbnced off and covered.
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 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.
9) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
10) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective
utility companies.
11) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
12) No underground fuel storage shall be installed except as maybe allowed by Town Regulations.
13) 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.
14) 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.' j
15) Any revisions shall be submitted to the Town Planner for review. If these revisions are•deeuxGU SiiliStantial, 1
the applicant must submit revised plans to the Planning Board for approval.
16) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (two years from the date
permit granted) unless substantial use or construction has commenced. Substantial use or construction will
be determined by a majority vote of the Planning Board.
17) The Board granted a waiver for Section 8.3,5.3.e.ii requiring a boundary line survey.
18) The following information shall be deemed pant of the decision:
Plan Titled: North Andover Business Cen3 r
Located at Lawrence Municipal Airport
500 Sutton Street
North Andover,Mass.
Prepared For: Lighthouse Realty Trust
Prepared By: MHF Design Consultants, Inc.
103 Stiles Road, Suite One
Salem,NH 03079
Sheets: 1-9
Scale: As Noted
Dated: September 11, 2002, last revised April 8,2003.
cc: Conservation Administrator Police Chief Abutters
Director of Public Works Fire Chief Assessor
Health Administrator Applicant DPW
Building Inspector Engineer File
BOARD OF APPEALS 688-954 l BUILDING 688-9545 CONSF-RVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535