HomeMy WebLinkAbout2008-05-22 Decisions SPR MOD 4.°f�No°T"q"o Town of North Andover
° ; Office of the Planning Department
�a �* Community Development and Services Divls1641i' 3 i J
1600 Osgood Street
SACHu
North Andover, Massachusetts 01845
NOTICE OF DECISION
Site Plan Review Special Permit- Modification
Date of Decision: May 22, 2008
Application of: Key Lime, Inc.
10 Hepatica Drive
North Andover, MA 01845
Premises Affected: Old Salem Village, Salem Turnpike, Route 114 within the Village
Residential District, Assessors Map 10713, Parcels 16 & 73.
In September 2005,the Planning Board unanimously voted to grant the applicant, Key Lime, Inc., 10
Hepatica Drive,North Andover, MA 01845, a Site Plan Review Special Permit for the construction of
Old Salem Village, which consisted of 37 total single- and multi-family dwelling unit(condominiums)
residential project, the construction of sewer and water extensions, and grading and landscaping
improvements. The project is located within the Village Residential (VR)Zoning District on Map 107B,
Parcels 16 &73 with frontage on Salem Turnpike(Route 114).
On or about April 10, 2008,the applicant filed an Application for a Modification to the Site Plan Review
Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning
Bylaw. The proposed modifications include changing Units 13 & 14, 2 i & 22, 29 &30, and 31 & 32
from the approved duplex style residential units to detached single-family town house units,to construct
an additional wall, and minor grading and landscaping improvements and further described in the Plans
referenced below and renaming the residential project to"Mayflower Drive".
After a public hearing given on May 20, 2008,the Planning Board voted unanimously to Approve the
Modifications to the Site Plan Review Special Permit for the premises affected.
The following information shall be deemed part of this decision:
Plan titled: Layout Plan in No. Andover, MASS This is to certify that twenty(20)days
have elapsed from date of decision,filed
Prepared for: Key Lime, Inc. without filing of an appeal.
10 Hepatica Drive Date
ti Di
p Joyce A.Bradshaw
North Andover, Massachusetts 01845 Town Clerk
Prepared by: Hayes Engineering, Inc.
603 Salem Street
Wakefield, MA 01880
ATTEST:
A True-Copy
o � r
Town Clerk
Old Salem Village/Mayflower Drive
Map 10713,Parcels 16&73
Site Plan Review Special Permit—Modification
May 20,2008
Scale: 1"=40 and 1"=20'
Date: April 16,2008
Sheets: 5
on /Fof
North Andover Tanning Board
John Simons, Chairman
Richard Nardella
Richard Rowen
Jennifer Kusek
Tim Seibert, Alternate
2
Key-Lime, Inc.
10 Hepatica Drive
North Andover,MA 01845
978-683-3163
July 15, 2008
North Andover Planning Board
1600 Osgood Street
North Andover,MA 01845
Re: Plan Modification Old Salem Village
Dear Mr. Chairman:
Enclosed is a copy of the recorded Notice of Decision with the Book and Page listing on
the cover sheet.
If there any questions please call.
Yours truly,
,r
Benja in C. Osgood, Treasurer
ABOVE FOR REGISTRY OF DEEDS USE ONLY
COVER SHEET
THIS IS THE FIRST PAGE OF THIS DOCUMENT
DO NOT REI4IOVE
GRANTOR GRANTEE
ADDRESS OF PROPERTY CITY/TOWN
TYPE OF DOCUMENT
MLC ASSIGNMENT
TYPE
DEED 6D
MORTGAGE NOTICE
TYPE
DISCHARGE SUBORDINATION
AFFIDAVIT CERT
TYPE
DEC OF HOMESTEAD UCC
TYPE
DEC OF TRUST
OTHER
DESCRIBE
Essex North Registry of Deeds
Robert F. Kelley, Register
354 Merrimack St. Suite 304
Lawrence, MA 01843
(978) 683-2745
www.lawrencedeeds.com
a SK 10 1118 PG 272
...,. Tows,of North An&v Ft�C�iV%C?
Offue of the Pig De ��N GE KS OFFICE
CQMM%nd#y Devejopm and 12; 24
4M t ow Shvet
North Artdom Mtamadw (�8l►5 TOWN OF
NTH
Lto1a .SSACN SETTS
Tows Maur
P(978)6w"34
P(978)6W"42
This to to*Miry that twenV(a)des
I I N dots o{carom,tried
5499!��
Any �terkt�aw
appeal Il be fed
Ae w (20)dqs air the
date oaf filing this Notice
in the office of'the Town Ddr September 20,2003
Clerk. DA0 of clop: 040M 4,3004—Member 30,2003
f
Petition of: Key Lime,bto GQ Bet hw►ood D**v North Andover,MA
Olt" G.
Prewim Affoottt~d. Oide SAM Vil*S%Salem Turnpike,Ste 0114,North
Andowetr,NIA 01M
M
Referring to the above petition for a Site Phu Review Special Pervgn fi ow the
requirements ofthe North Andover Zoning Bylaw, Section 8.3, 10.3;and 10.31.
So as to allow the consauction of total of 37 Wn&and multi*fa r dwelfiq units
(condoint Wurm)sewer uwd water adagionk smft and IaM w aping in the V-R,V'dlW c
Residetttaal�cming District.
At a public head ng given on the above date the Planning Board voted to APPRovi it +�
Site Flan Review Special permit ba W on the fonow iv conolitions:
Signed:
Uwoin ,Town
Gc: Appliewt Richard Narde k Chair
Rg&w/,Abuttm John Simons,Vice Chair
Abutters Amw Phkmy,Clerk ATTEST.
Town Departmeutsi Alberto Angles A True Copy
lack Green
Richrtrd llowoal, Alernate
Town Mrk
ii
t 4F APPEAV410541 11 M-MS B1tVATIOM die-"30 WAGTH fto o K AMM U"33!
REMAND:She Pkn l vit* =Spextal Permit r ,
MAP Okte Sal ►Village-
371]"lung Units September
Pxrc�1619k 73
September G,=5 BK 10118 PG 273
The Planning Board, by unani xm vote, herein APPROVES the Special pM=VSite plan
Review for the construction of a 37 total single- and n .&.Oy dW&M g
(coradaMiniu=' sewer and water extosotsioms,, grading,, ,and WWAPMO reed to as "Olde
Salem VM . The pr01M to bated within the Village ReAdentiat (VR) Z, ,W District on
Map 1078, Parcels 16 & 73 and will be acted old'of Salem TU*ke (Route 114). This
Special P07nd was raWested by Key I. Into. +60 Bee*-,.d D-11, 1+T" Ate,
Massahttts 01845. This application was filed with the Pig Board on October 4, 2004.
The applisnt submitted a complete application wW& was noticed and reviewed in Accord.
with Sadoms 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw And MG1.,
c.40A, sec. 9.
The FW=M Board makea this Mowing findings as acquired by the North Andover Z.
Bylaws Secdon 9.3 and 10.3:
FINDINGS OF FACT:
1. The VOCIft site is an appropariate baWon for the project involving the connrtruction of a 37
(total) 210810, and nnalti-fiunily' dwdWW u (condom mruna), sewer and water exteriors,
grsdiO& and laxWw located in the Vrllage RMitlesai W zone. On July 19, 2005, the
Pbming Board approved a Definitnre Subdivigon for a four (4)4ot subdivisioq comprised
of 4 new single.-fannily homes known as Polde Salem V ljW!: ` 've Subdiivison:
2. The Ze *g Board of AW*k granted a dW=dojnal Variance July 12, 2005 firm Seddon 8
Parsgsraph 8.5.6.0 (50' distance between atra+ ) for 30' of retie ty Table 2, Footnote 1
(1+00' sOdAwk ftOm Route 114) for 40' of raW and Table 2 (one unit per ace) 2 writs per
costa of relief fro the 37 writs frmm the requircm eats of the Zoning Bylaw per plea Stated.
within the decision, the applic w shalt provide landscape harrleM vxh as spr= trees, to
ampoonsate for the decreased atanm betwM writs and the decreased di to we between
units and Route 114.
3. The use as developed Will not adversely affect the neighborhood M a sufficient lntffeer has
bees provided along the: frontage of SalemTurnpike (Ate 114). The landscaping has beam
placed so as to entrance the appearance along the frontage of Salem Turnpike (Route 114)
and in accoahm wit the landscaping and site Plana referenced in Condition #24. AM
plantings and meer" dopmted on the approved ph= refuted ham, " remain in
perpetuity over the life of the project.
4. There will be no M&Wx* or serkm haz ujd to vedtirlea or pedestrians. The applicat has
demonstrated that (1)the proposed a and a 8fM paw ffom Salem Tutu
pike Z v t�e$
will not 30'fmmtly � tuft flow Or volumes . Iles
for adequate U*Mc flow, safety, and � ( ) � roadway provides
t
preP�y' pedestrian c+rntnectxons tlmaughout the
S. The t ndwApin approved as & part of thus plea !Jets the regraur�ottants of Section 8.4 as
Amended
by Phuni tg Board,of the North Andover Zoning Bylaw.
POP 2 of S
REMAND:S ke Pin Revkw-3peciai Permit
Oldc Salem Village--37 Dwelling Ua jo
� +�147B,Parma 16 73
tw b,2003 BK 011 G3 274
6. The site drainage system is designed in accordance with the Town Bylaw requirements and
has becn Mimed and approved by the Outside Consulting LnguIm, vanass� UtWn
Brusft Inc;
7. The applicant has met the:requirements of the Town for Site plan R
e
vie
w
as stated in Section
8.3 of the,Zoning Bylaw;
S. Adequate and appropriate facile N will be provided for the proper operation of the proposal
use. The project will for provide for privately owned and maintained water, sewer, and
utilities on the property to adequately address the needs of the project.
FU*1Y the: l*lannirtg Board finds that this project generally cotnplies with the Town of Xorth
Andover Zoning Bylaw requirements as listed in Section 8.35, but requires conditions in order to
be
the 411y in co,pf,,. True Planning Board hereby guts an approval to the appUcant provided
wing conditions are met:
SPECIAL CO"MONS:
1. Bnvironune W Monitor: The applicant shall desigate an independent
who shalt be chosen in consultant with the p +environmental monitor
nviromumtal
Monitor must be available upon four (4) hours notice o iu t. h the planning
' pact the site with the planning
Board designated otFi cW. The gnvironmemal Monitor shalt make w
project and file monthly reports to the P Inspections
of the
fanning 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. Construction Monitor: The applicant shall designate an independenit cosutruction monitor
who shall be chosen in consultant wtth the Planning Department, The construction
monitor must be available upon four (4) hours' notice to inspect the site with the Plato 4 Board
designated official. The Construction Monitor shall make weekly inspections of the project
and file monthly reports to the Platwieag Board throughout the duration of the; project. The
Monthly reports shalt detail area of noncompliance, if any and aeons taken to resolve these
issues. The designated monitor nay not be the applicant and/or developer.
8. Prior to the endorsement of the plats by the 1"irwning Board, the sppH"nt must comply with the(Nowing a ondition s.-
a. The final Platt must W reviewed and approved by the DPW and the Town Planner and
subsequently endorsed by the Planning .Board. 7U final Plans mast'be submitted for
review within shuty days of filing the decision with the Town Clerk.
b. A bond in the amount often thousand$109000.00 dolma must be posted for the purpose
of inswing that a MW as-built plan showing the location of aU onsite utilities, oB'site
sewer and orator extensions, structures curb cuts, parking spaces, tan
' POgmphy, and
drainage haatities are submitted. The bond is also in place to insure that the site is
Paper 3 of a
0
REMAND:Site to gal •spew Parma
Ulde Saleeru MOW—37 Dwelling Units KW 103,P*rx AU 16&73
Sq*mber 6,MS Bin 10118 PG 275
accordance with the approved plane. The farm of seacurity Mua be acceptable to the
P
Board.
C The applicant Most supply a copy of the Approved .Ma&MhusWS "Y DVSrtMM
PMft necessmy for construction ofthe site to the Planning Depauftw.
4. Prior to the start of et►astn on:
a. A construction schedule shall be submitted to the Town Planner for the puugosee of
trukin the construction and informing the public of anticipated activities on the site.
b. A site openi4erosion control band shad be posed (Per WCOMM
with the North
Andover Plaxmicrg Board) in the total amoaat of rive ttre aand (.11000.00) doBan for
the Ptiupose of cowering aw comes that MW affect the Public Wea'are such as
site-opee+9v& clearing ea'osiont control end PeffOnVOM of any otb r condition
contained
her'in. The Qu$rMft shall be in the form of a check made payW a to the Town of
North Andover escrow account.
c. Muting fora,the site=9 be kept clean and smut regularly.
d. It shalt be the responsibility of the developer to assure that no erosion an
the she
shall
occur which will cam deposition of soil or W&MM upon adjacm Properties or public
site erosionexcept a basis Y hY to off-site s or oter h of-site construction.
be for the Planning Board mWdMa&M&g that the Project
in compliance with the plan; provided, however, that the P rrg Board is not
developer wnttart notice of MWh give the
�Y flndirrg and ten days to cure said e�ondistion.
e. The applicant strap provide the pkUW% Bird 'with Copies of Pernnitg,, Plans ,and
decisions waved from all other town boards, caanunimom or departments. In addition
to re� of these plans, .the apph" d supply the Town Planner with a letter
outlining any and all revisions rse IWS:from said Pis. Ply and deCMOns mewed
fivm other town boards, comnnisSIOM sand dgxI tmeeats that dift from the approved
AM rdu=ced in Condition#24.
5. Prior to FORx U verriHep eon(Bupditng Perm bsuance):
a The Planning Ord must endorse the MW oft Plan m yIM and three (3) ecOP= of the
qOWd Plans must be deliveread to the Plannms �. rhe nw site plan shall
im*rPonde COMUMO from the ode Casufting Engineer, Vwwie, Mogen Brustlin,
t'nc. ss letter dated Auger 2, 2005. The aPPHOW shall Provide confilastion stating an
comments have been addressed.
b. The roadway=0 be oanstructed to ed least birulerrCMoff ,pr pp,�y avc the
n lecrpsl umits. Prior to coaetruc�bn of the binder coat, the qv&at aw unsure that all
roqurreod =Pectim and testrag of water, Mwe r, and *MWW fiailitiea has bean connpI.W
Pop 4 of 8
r
RXMAND:She Ptah Rev** 5pftw pernat
Ulde Salami Vilhage M 37 Dw+elhing UWU h4p lWm pwMIS 16 A 73
'U M*C" MUM subrxat to the Town MWW and the Deli of pM. Worjs an
by a Pno sal boa', vft*JM that AU utilitim have Mean
fi*S ed in accord4we with the plans end proft sbea
TO VPhQW ftU adhem to the foUo%* mgWfemcuta Of the North Andover Pie
Deputownt and tlrt North Aadova Buiidig Depa nt:
i. All structures must corntain a dal fire sprimlrler Senn, The pbM and
hydraulic calaxladOM for each, COMM" ,sera, slfatl be submitted for review
and approval by the North Andover Fire Dcpwtnxw. MWM SM by maic
calcuMons for each aorOnmrdah OM MUM also be supplied to tb+e H
Departmart. �8
d. On* certded copy of the recorded dcdsion DIW be Wunmed to the manning
Dept.
6. Prior to vaffiawag of the Certi ate of()aeispain�;
aPP'cm mwg submit Is 1lla fim the vchiw and *'of the prtiW staff that
%ndmpVp � and site kyow sr,fta y � with the plans
�at the end ofthisdecision as� �D
by the Pud.
b. The Town p,,, sr shad approve ahlWfificjW Sighting uaed to mate the site. All
Wng slap have undergrtiound waning and shalt be $o arranged the aQ du1ect
ouch Ugbting falls OW* within the site and shall be slridded or rued so��
shine upon abuttaS properties or streetas. 'ImTown MUM" review the site. Any
� to the approved lighting plan as may be mawnably required by the Town
Ping atoll be made at the owner"s Upmm. All site fightinS
the site and stnrctium however it must not o abaft Provide security for
4accat residential Propcs"W. ! or pa*a aw light onto
c. The mnm'6ociat Sre spri M rr quern MM be inaml d in accordance with refam=d
3ndard WPA 13D and in WWFd W4 with 780 CW Chapter 9 of the M=sachumjs
Su" ftlft Code
acacordance the above the � have been imstalled p Wedy m
Amdovtx Fare D +rtnient and the d � be pt� from both the North
The applicant must then provide thin c icatio Air d vv,,rr P�
Dqw meat.
d. 'Plus appU,capmt ,must suwa
pldy ay of approveda� �; + DoPaptt
Petf'ra to obtaintheor ficcam and Construction of the site to the PlawdiM ,D��.
aasaary Massa ni aatta Hiomay Oft permits for
consul"On and wow to the site, is mid amo,&nct with the
result in denial of an occupa cy permit for any and aft t phone, will
refaced hen. In the wait the� tHnikUngs ,� the plans
Highway Uepa�regmres a change
Page 5 Of 0
G
RRMA D-She Plan Revu, `Spe ad hrmh MW 1072*ftmels 16 do 73
Me Sslom VillgV—37 Dwdit Units
Sepk=bcr 6,ZOOS BK 10118 PG 277
in the sccnaslV= other than what WAS approved in the Chapter 61 Fri the
aPplicam my submit revised plans as rederenced in Condition#24 contained herek
e. Any revisions to the approved signage plans nun conform to Section 6, Signaga and
Outdoor Lighting Regulations of the Town ofNOrth Andover Zoning Bylaw and must be
approved.by the Building Department. All additional permits must be obtained by the
applicant prior to construction.
7. Prior to the&W rebm of security:
A- The Town Planner Shall uarview the site. Any smtet*as may be rea wnably required by
the Town Planmr will be added at the applicant's expense.
b. A fuW u4)u& plan showing ftnal topography, the location of all on. site utilities, off
sit,e
sew" network cxtsneion, structures, curb cuts, parking spars and drainage facilities
roust be submitted to and reviewed by the Town Planner and the Division of Public
Works.
L The pwo ways oolde SLIena V&pDrive" .Nd -*,qW= Dries" . red is Condition
#24, the hAunts, and draiUBP W'astruchu eL OusitC water ad sewer - 6,11huctum lishft
and pump stun ws�l be owned and mai ntShW in peril k by the ownem and suc o mm of
Map 107B, Parcels 16 & 73. JU etppgant shag iu a pe this Mnditiou as a deed
'"0101 ust and It copy of thtC recorded dad ftU be subnated to T"n Phumw and
iodtud+dd in theft
9. For the purposes of thin plan rei'enrenced in Condition#24, the Town shall not be responsible
for providing municipal services including but not limited to snow plowing, snow removal,
trash removal, and mad moena=. Thee app t d" iuMVDr&* thht ronftw u a
deed r+dtmictiauut and a copy of tb a rs riled deed dW be Subw4W to ilia Tuna Pi'nwer
and bKluded in the do
10.Final 4PPMvW of the Site Plan liter — SpsaCal Permit is cow upon the campletion of
the soarer network ammsion fthmace in Condition #24. Said www irk waWon win
fin from the intmection of Suumaw St. and Salem TurgAM (Bret 114) to the entrance of
Alde Salem Village Drive a distmCe of Approximately 2,500 ft. The dev+etppel. will bear the
full oqmnw oftlx sewer network ate nggiom
11. Any stockpiling of rnsteriralsl (dirt, wood, con tstructio>a material, etc.)must be shown on 4 Playa
and reviewed and approved by the Town Planner. Arty approved ON must remain covered
at all tithes to minim any dust problems that my occur with adjacent properties. Any
atockPiles to remain for longer than one week must be fenced off ad covered.
12.In an effort to reduce uoisae levels, the applicarnt SW keep in optimum worldng ,ruder,
through regular nuaintsnance any and all equipment that shrill emanate sounds fkom the
structuresor site.
rude 9 oft!
. G
Z RLMAND.-Site Pbn Rcvk Spada Ar alit MVIWMftmebI6&73
Ulde Sahara Wisp—37 Dwelling Unas
Sir 6,200 BK 10118 PG 278
13.The hours for cornsitructnan shall be hmW to betweesn 7:00 anL and 7.00 p.nx l+aixnday
through Friday and between 11:00 a.nt and 5:00 p.m, on Saturday.
14. Any pinua k trees or shrubs that have bean incorpmxW into the Latndwape Flan approved in
this decision that die within one year finnan the date of planbrng 8W be replaced by the owner
{by order Of the planning Board all plaaK trees or shrubs must be maintained in pe:P Y)•
The replatot ply shall match the size and species as indicated in the landscaping plan.
15. The comractor,shall contact Dig Safe at least 72 hours prior to comunencing any excavation.
16.Gas, Telephone, Cable and FlecWc Utilities shall be installed underground as steed by the
respective utility companies,
17.No open bnnn ng [ be done except as is DqmUnat pm pm buraig won under
the
Fire
18. The provision of this conditional approval ebali APPly to and be binding upon the appltr t,
its employees and all successors and assigns in�or control.
19. All snow storage is to be ruoved from the site and no snow slxall be dumgW into the
adjacent wetland. All snow storage that is stodqA4 tennporarily shall be located in the
t"OMY snow stoCWe areas denoted on the plan. Snow storage.shall not result in the loss
ofparlungRMCMexcept&U*Fumt r moval operations.
20.The mwuutstion, operation' and n=tenance of An OM to '
rennponsn'bn'lity ofthe Condominium AuocWon, �� station will be
21. Any acting by the applicant, current or futtue OWtW, Town Board, Comtgisdon, or
D"Mumult, which requires changes in the plsm: or design of the building, utilities,
lands"Pi ng, and hhghtiung as presented to the Planning by the Planning Board. Board, May subject to tt�an
22. The Plum* Board expects that the project " be built in =ordat" with the heitin
refiraDW plane and specificsttians and m full accordance with the design el ms and
feats dispkYed and &=sod &uiqg the Public Hearings. Any revisim to the plea or
da* of the Plarw� far dm � shall be kWwq* and f be submitted to the Town
ar�omianm with Section 8.3.8 of the ZouWg Bylaw. if the Town
Planner in histher sole discreUm deenna these revisions to be substantial as defined in Section
8.3.8, the applicant must s ubnnit revised plans to the p1s nnning Bowl for approval. More
sF3►, eHy modifications or improvemenuts to the approved sewer design shall be
mrnitt ib to the Planning Board for approval.
Rangy 7 i!t 8
_ REMAND:Ske Plea XeV 'special Permit
73
Okla Salem Village—37 Dwa W S Ural t ;R oa
Septmbar 6,2005 BK 10118 PG 27
23.This spew Permit apptovW be deemed to hm NPOW SfW StPUMber C 2007 (two
Years from the date permit greet4 unl+= SUbILOW use or CoftWwlion has commaoced.
SubatandW use or construction wW be determined by a nobly vote of the pbnnmg Ord.
24. The foRowing waivers were grained in detamining this decision
IL Waiver to construot Storm water detention/notention areas with a =dantnn depth of 4
fW 88 stated in Section 6.14.3 of the Rtd" and Regulations Governing the Subdivision
of Laud In North Andover. The depth of the storm water W the pond would only exceed
4 feet durttta$an a&eme,storm. Further, space con sftiints on the size of the pond ran*
in a greater depth of storm water in the pond.
b. Waiver to impact the mural slopes COWeeding 25% over a horizontal dish me of 10 feet
as measu vd papeYtdic dw to the c Ontowr ss statml in Section 6,24.b of the Rules mW
Regaladm Governing the Subdivi$i0n of Land In North Andover. The d'u<racter of the
ISM is such that thm are Multiple areus with slopes excaeding 25%as idenffW in plans
listed below. The g*W" of the waiver allows for an overall bow site design layout.
The developer will where hasible,nAke a m'Y efta to presave and mda Wn the natural
features of the site.
c. Waiver to bgma the a$turat slopes owesft 33% over a horiz=W distance of 30 feet
as measured pap"cular to the song on a tract or pu*d oflow intended or proposed
for Subdivision or on a building lot 88$W0d in Section 8.10-Ld ofthe Town Bylaw. The
character of the land is sueh that there ate multiple area with 8lapes exceeding 33% as
ide Pied in plans listed below. The of the waiver allows for an ovWll better
site design layout. The doper will where feasible make every effort to preserve and
maims the natural feahuea ofthe site.
25. The&Rowing information shalt be.deemed part of the decision:
Pha titled: -O*Sakmvdw
Nord►And"a,MASS.*
Papow For; KaYlialk hoc.
60 Dochwood Drive
Pmpmod NW*Andaw,UNOWWoft 01845
83" 1h►yes 71nc.
603 Sn Sheet
WabAdd,U 01M
Dined: 0A*ar4,2004,wvisod:6i7/05,7/8W,7/19/05
Sheets. 1 ftao 15
scow V-4
RqWxI"d: DainW Study - Otde Wan 'V'dhW Roane 114, NW* Andovwr,
PrqWW&,r: Key IAMPNPUW lac.
BY hat.
Augmt 27,2004
pig!8 of a
10118 PG 28
REMAND:Sim Plea 9pe"Permit '+ Map l l%nnmb 16&73
Utk Salta Village-37 Dwelling Ua D
septambe�r b,2005 TOWN LE KV-'SEPFFICE
Report t skd: Traffic kpA&Am=Stay sp 23, pm-,o �4
hqmad fix Kcylkmh�� TOWN of
PrqXM4 BY Dew J.UUy Assoc ow,Im. MACHUSETTS
ANCOYER
280 Main Shook Suite 204
Noah RaWhv&MA 01864
Datod: March 21,2005
Engiao�cr
Pape 9 of 0
REMAND: Site Plan Review- Special Permit
Olde Salem Village—37 Dwelling Units, Map
September 6,2005
The Planning Board, by unanimous vote, herein APPROVES the Special Permit/Site Plan
Review for the construction of a 37 total single- and multi-family dwelling units
(condominiums), sewer and water extensions, grading, and landscaping referred to as
"Olde Salem Village". The project is located within the Village Residential (VR) Zoning
District on Map , Parcels and will be accessed off of Salem Turnpike (Route 114).
This Special Permit was requested by Key Lime, Inc. 60 Beechwood Drive, North
Andover, Massachusetts 01845. This application was filed with the Planning Board on
October 4, 2004. The applicant submitted a complete application which was noticed and
reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover
Zoning Bylaw and MGL c.40A, sec. 9.
The Planning Board makes 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 involving the construction
of a 37 (total) single- and multi-family dwelling units (condominiums), sewer and
water extensions, grading, and landscaping as it is located in the Village Residential
Zone. On July 19, 2005, the Planning Board approved a Definitive Subdivision for a
four (4)-lot subdivision, comprised of 4 new single-family homes known as "Olde
Salem Village" Definitive Subdivision.
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer
has been provided along the frontage of Salem Turnpike (Rte. 114). The landscaping
has been placed so as to enhance the appearance along the frontage of Osgood Street
and in accordance wit the landscaping and site plans referenced in Condition#21. All
plantings and screening depicted on the approved plans referenced herein, shall
remain in perpetuity over the life of the project.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant
has demonstrated that (1) the proposed access and egress point from Salem Turnpike
(Rte. 114) will not significantly increase traffic flow or volumes and (2) the roadway
design provides for adequate traffic flow, safety, and enhanced pedestrian
connections throughout the property;
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4
as amended by the Planning Board, of the North Andover Zoning Bylaw. The
Zoning Board of Appeals ;
5. The site drainage system is designed in accordance with the Town Bylaw
requirements and has been reviewed and approved by the Outside Consulting
Engineer, Vanasse, Hangen Brustlin, Inc;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 8.3 of the Zoning Bylaw except for any waivers granted in Condition 18;
Page 2 of 6
REMAND: Site Plan Review- Special Permit
Olde Salem Village—37 Dwelling Units, Map
September 6,2005
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The project includes the construction of a stormwater detention pond
and grading sufficient to hold the increase in runoff resulting from the new
impervious surface.
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:
SPECIAL CONDITIONS:
1. Environmental Monitor: The applicant shall designate an independent environmental
monitor who shall be chosen in consultant with the Planning Department. The
Environmental Monitor must be available upon four (4) hours' notice to inspect the
site with the Planning Board designated official. The Environmental 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. The designated
monitor may not be applicant and/or developer
2. Construction Monitor: The applicant shall designate an independent construction
monitor who shall be chosen in consultant 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. The designated monitor
may not be the applicant and/or developer.
3. Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
a. The final plan must be reviewed and approved by the DPW and the Town Planner
and subsequently endorsed by the Planning Board. The final plans must be
submitted for review within ninety days of filing the decision with the Town
Clerk.
b. A bond in the amount of$ .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 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.
Page 3 of 6
REMAND: Site Plan Review- Special Permit
Olde Salem Village—37 Dwelling Units,Map
September 6,2005
c. If applicable, the applicant must supply a copy of the approved Massachusetts
Highway Department permits necessary for construction of the site to the
Planning Department.
4. Prior to the start of construction:
a. A construction schedule shall be submitted to the Town Planner for the purpose of
tracking the construction and informing the public of anticipated activities on the
site.
a. During construction,the site must be kept clean and swept regularly.
b. 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 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.
c. The applicant shall provide the Planning Board with copies of permits, plans and
decisions received from all other town boards, commissions or departments. In
addition to receipt of these plans, the applicant shall supply the Town Planner
with a letter outlining any and all revisions resulting from said permits, plans and
decisions received from other town boards, commissions and departments that
differ from the approved plans referenced in Condition#21.
5. Prior to FORM U verification (Building Permit Issuance):
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.
6. Prior to verification of the 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.
b. The Town Planner 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 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 Town Planner
Page 4 of 6
REMAND: Site Plan Review-Special Permit
Olde Salem Village—37 Dwelling Units, Map
September 6,2005
shall review the site. Any changes to the approved lighting plan as may be
reasonably required by the Town Planner shall be made 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. Any revisions to the approved signage plans must conform to Section 6, Signage
and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw
and must be approved by the Building Department. All additional permits must be
obtained by the applicant prior to construction.
7. Prior to the final release of security:
a. The Town Planner shall review the site. Any screening as may be reasonably
required by the Town Planner 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
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 Town Planner and the Division of Public Works.
8. Any stockpiling of materials (dirt, wood, construction material, etc.) 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 any dust problems that may occur with
adjacent properties. Any stockpiles to remain for longer than one week must be
fenced off and covered.
9. In an effort to reduce noise levels, the applicant shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from
the structures or site.
10. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday and
Sunday.
11. 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 (by order of the Planning Board all plants, trees or shrubs must
be maintained in perpetuity). The replacement plants shall match the size and species
as indicated and approved in Paragraph #2, in the Findings of Fact made as a part of
this decision.
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
Page 5 of 6
REMAND: Site Plan Review- Special Permit
Olde Salem Village—37 Dwelling Units,Map
September 6,2005
13. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies.
14. No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
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. All snow storage is to be removed from the site and no snow shall be dumped into the
detention basin or adjacent to the wetland. All snow storage that is stockpiled,
temporarily shall be located in the temporary snow stockpile areas denoted on the
plan. Snow storage shall not result in the loss of parking spaces except during prompt
removal operations.
17. 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.
18. The Planning Board expects that the project will be built in accordance with the
herein referenced plans and specifications and in full accordance with the design
elements and features displayed and discussed during the Public Hearings. Any
revisions shall be submitted to the Town Planner for review in accordance with
Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion
deems these revisions to be substantial as defined in Section 8.3.8, the applicant must
submit revised plans to the Planning Board for approval.
19. This Special Permit approval shall be deemed to have lapsed after September 6,
2007 (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.
20. The following waivers from the Section 8.3.5.e of the North Andover Bylaw have been
GRANTED by the Planning Board:
21. The following information shall be deemed part of the decision:
Plan titled: "Olde Salem Village"
North Andover,MASS."
Prepared For: Key Lime,Inc.
60 Beechwood Drive
North Andover,Massachusetts 01845
Prepared By: Hayes Engineering,Inc.
603 Salem Street
Wakefield,Massachusetts 01880
Dated: October 4,2004,revised: 6/7/05, 7/8/05,7/19/05
Page 6 of 6
REMAND: Site Plan Review- Special Permit
Olde Salem Village—37 Dwelling Units,Map
September 6, 2005
Sheets: 1 through 15
Scale: 1"=40'
Report titled: Drainage Study - Olde Salem Village, Route 114, North
Andover, Massachusetts
Prepared for: Key Lime,Inc.
Prepared By: Hayes Engineering, Inc.
Dated: August 27,2004
Report titled: Traffic Impact& Access Study
Prepared for: Key Lime,Inc.
Prepared By: Dermot J. Kelly Associates, Inc.
280 Main Street, Suite 204
North Reading, MA 01864
Dated: March 21,2005
cc: Applicant
Engineer
Page 7 of 6
,.REMAND: Site Plan Review- Special Permit Map 10713,Parcels 16&73
Olde Salem Village—37 Dwelling Units
September 6,2005
The Planning Board, by unanimous vote, herein APPROVES the Special Permit/Site Plan
Review for the construction of a 37 total single- and multi-family dwelling units
(condominiums), sewer and water extensions, grading, and landscaping referred to as "Olde
Salem Village". The project is located within the Village Residential (VR) Zoning District on
Map 107B, Parcels 16 & 73 and will be accessed off of Salem Turnpike (Route 114). This
Special Permit was requested by Key Lime, Inc. 60 Beechwood Drive, North Andover,
Massachusetts 01845. This application was filed with the Planning Board on October 4, 2004.
The applicant submitted a complete application which was noticed and reviewed in accordance
with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL
c.40A, sec. 9.
The Planning Board makes 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 involving the construction of a 37
(total) single- and multi-family dwelling units (condominiums), sewer and water extensions,
grading, and landscaping located in the Village Residential Zone. On July 19, 2005, the
Planning Board approved a Definitive Subdivision for a four (4)-lot subdivision, comprised
of 4 new single-family homes known as "Olde Salem Village" Definitive Subdivision.
2. The Zoning Board of Appeals granted a dimensional Variance July 12, 2005 from Section 8,
Paragraph 8.5.6.0 (50' distance between structures) for 30' of relief, Table 2, Footnote 1
(100' setback from Route 114) for 40' of relief, and Table 2 (one unit per acre) 2 units per
acre of relief fro the 37 units from the requirements of the Zoning Bylaw per Plan. Stated
within the decision, the applicant shall provide landscape barriers, such as spruce trees, to
compensate for the decreased distances between units and the decreased distance between
units and Route 114.
3. The use as developed will not adversely affect the neighborhood as a sufficient buffer has
been provided along the frontage of Salem Turnpike (Rte. 114). The landscaping has been
placed so as to enhance the appearance along the frontage of Salem Turnpike (Route 114)
and in accordance wit the landscaping and site plans referenced in Condition #24. All
plantings and screening depicted on the approved plans referenced herein, shall remain in
perpetuity over the life of the project.
4. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has
demonstrated that (1) the proposed access and egress point from Salem Turnpike (Rte. 114)
will not significantly increase traffic flow or volumes and (2) the roadway design provides
for adequate traffic flow, safety, and enhanced pedestrian connections throughout the
property;
5. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as
amended by the Planning Board, of the North Andover Zoning Bylaw.
Page 2 of 8
REMAND: Site Plan Review-Special Permit Map 10713,Parcels 16&73
Olde Salem Village—37 Dwelling Units
September 6,2005
6. The site drainage system is designed in accordance with the Town Bylaw requirements and
has been reviewed and approved by the Outside Consulting Engineer, Vanasse, Hangen
Brustlin, Inc;
7. The applicant has met the requirements of the Town for Site Plan Review as stated in Section
8.3 of the Zoning Bylaw;
8. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use. The project will for provide for privately owned and maintained water, sewer, and
utilities on the property to adequately address the needs of the project.
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:
SPECIAL CONDITIONS:
1. Environmental Monitor: The applicant shall designate an independent environmental monitor
who shall be chosen in consultant with the Planning Department. The Environmental
Monitor must be available upon four (4) hours' notice to inspect the site with the Planning
Board designated official. The Environmental 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. The designated monitor may not be applicant and/or developer
2. Construction Monitor: The applicant shall designate an independent construction monitor
who shall be chosen in consultant 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. The designated monitor may not be the applicant and/or developer.
3. Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
a. The final plan must be reviewed and approved by the DPW and the Town Planner and
subsequently endorsed by the Planning Board. The final plans must be submitted for
review within ninety days of filing the decision with the Town Cleric.
b. A bond in the amount of $ .00 must be posted for the purpose of
insuring that a final as-built plan showing the location of all on-site utilities, offsite sewer
and water extensions, 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
Page 3 of 8
REMAND: Site Plan Review- Special Permit Map 107B,Parcels 16&73
Olde Salem Village—37 Dwelling Units
September 6,2005
accordance with the approved plan. The form of security must be acceptable to the
Planning Board.
c. The applicant must supply a copy of the approved Massachusetts Highway Department
permits necessary for construction of the site to the Planning Department.
4. Prior to the start of construction:
a. A construction schedule shall be submitted to the Town Planner for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
b. A site opening/erosion control bond shall be posted (per agreement with the North
Andover Planning Board) in the total amount of five thousand ($5,000.00) dollars 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 check made payable to the Town of
North Andover escrow account.
c. During construction,the site must be kept clean and swept regularly.
d. 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
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 malting 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.
e. The applicant shall provide the Planning Board with copies of permits, plans and
decisions received from all other town boards, commissions or departments. In addition
to receipt of these plans, the applicant shall supply the Town Planner with a letter
outlining any and all revisions resulting from said permits, plans and decisions received
from other town boards, commissions and departments that differ from the approved
plans referenced in Condition#24.
5. Prior to FORM U verification (Building Permit Issuance):
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. The final site plan shall
incorporate comments from the Outside Consulting Engineer, Vanasse, Hangen Brustlin,
Inc.'s letter dated August 2, 2005. The applicant shall provide confirmation stating all
comments have been addressed.
b. The roadway must be constructed to at least binder coat of pavement to properly access the
residential units. Prior to construction of the binder coat, the applicant shall ensure that all
required inspection and testing of water, sewer, and drainage facilities has been completed.
Page 4 of 8
REMAND: Site Plan Review- Special Permit Map 107B,Parcels 16&73
Olde Salem Village—37 Dwelling Units
September 6,2005
The applicant must submit to the Town Planner and the Department of Public Worlcs an
interim as-built, certified by a professional engineer, verifying that all utilities have been
installed in accordance with the plans and profile sheet.
c. The applicant shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
i. 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.
d. One certified copy of the recorded decision must be submitted to the Planning
Department.
6. Prior to verification of the 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.
b. The Town Planner 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 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 Town Planner shall review the site. Any
changes to the approved lighting plan as may be reasonably required by the Town
Planner shall be made 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 must then provide this certification to the North Andover Planning
Department.
d. The applicant must supply a copy of the approved Massachusetts Highway Department
permits necessary for access and construction of the site to the Planning Department.
Failure to obtain all the necessary Massachusetts Highway Department permits for
construction and access to the site, in strict accordance with the approved plans, will
result in denial of an occupancy permit for any and all buildings depicted in the plans
referenced herein. In the event the Massachusetts Highway Department requires a change
Page 5 of 8
REMAND: Site Plan Review- Special Permit Map 107B,Parcels 16&73
Olde Salem Village—37 Dwelling Units
September 6,2005
in the access/egress other than what was approved in the Chapter 61 Findings, the
applicant may submit revised plans as referenced in Condition#24 contained herein.
e. Any revisions to the approved signage plans must conform to Section 6, Signage and
Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be
approved by the Building Department. All additional permits must be obtained by the
applicant prior to construction.
7. Prior to the final release of security:
a. The Town Planner shall review the site. Any screening as may be reasonably required by
the Town Planner will be added at the applicant's expense.
b. A final as-built plan showing final topography, the location of all on- site utilities, offsite
sewer network extension, structures, curb cuts, parking spaces and drainage facilities
must be submitted to and reviewed by the Town Planner and the Division of Public
Works.
8. The private ways "Olde Salem Village Drive" and "Hepatica Drive" referenced in Condition
#24, the hydrants, and drainage infrastructure, onsite water and sewer infrastructure, lighting,
and pump station will be owned and maintained in perpetuity by the owners and successors of
Map 107B, Parcels 16 & 73. The applicant shall incorporate this condition as a deed
restriction and a copy of the recorded deed shall be submitted to the Town Planner and
included in the file.
9. For the purposes of this plan referenced in Condition #24, the Town shall not be responsible
for providing municipal services including but not limited to snow plowing, snow removal,
trash removal, and road maintenance. The applicant shall incorporate this condition as a
deed restriction and a copy of the recorded deed shall be submitted to the Town Planner
and included in the file
10. Final approval of the Site Plan Review — Special Permit is contingent upon the completion of
the sewer network extension reference in Condition #24. Said sewer network extension will
begin from the intersection of and Salem Turnpike (Rte. 114) to the entrance of Olde
Salem Village Drive a distance of approximately 2,500 ft. The developer will bear the full
expense of the sewer network extension.
11. Any stockpiling of materials (dirt, wood, construction material, etc.) 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 any dust problems that may occur with adjacent properties. Any
stockpiles to remain for longer than one week must be fenced off and covered.
12. In an effort to reduce noise levels, the applicant shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from the
structures or site.
Page 6 of 8
REMAND: Site Plan Review-Special Permit Map 107B,Parcels 16&73
Olde Salem Village—37 Dwelling Units
September 6,2005
13. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday
through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
14. 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
(by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity).
The replacement plants shall match the size and species as indicated in the landscaping plan.
15. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
16. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
17. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
18. 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.
19. All snow storage is to be removed from the site and no snow shall be dumped into the
adjacent wetland. All snow storage that is stockpiled, temporarily shall be located in the
temporary snow stockpile areas denoted on the plan. Snow storage shall not result in the loss
of parking spaces except during prompt removal operations.
20. The construction, operation, and maintenance of an onsite pumping station will be
responsibility of the Condominium Association.
21. Any action by the applicant, current or future owner, Town Board, Commission, or
Department, which requires changes in the plan or design of the buildings, utilities,
landscaping, and lighting as presented to the Planning Board, may be subject to modification
by the Planning Board.
22. The Planning Board expects that the project will be built in accordance with the herein
referenced plans and specifications and in full accordance with the design elements and
features displayed and discussed during the Public Hearings. Any revisions to the plan or
design of the buildings, utilities, landscaping, and lighting shall be submitted to the Town
Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town
Planner in his/her sole discretion deems these revisions to be substantial as defined in Section
8.3.8, the applicant must submit revised plans to the Planning Board for approval. More
specifically, any modifications or improvements to the approved sewer design shall be
submitted to the Planning Board for approval.
Page 7 of 8
REMAND: Site Plan Review- Special Permit Map 107B,Parcels 16&73
Olde Salem Village—37 Dwelling Units
September 6,2005
23. This Special Permit approval shall be deemed to have lapsed after September 6, 2007 (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.
24. The following waivers were granted in determining this decision
a. Waiver to construct storm water detention/retention areas with a maximum depth of 4
feet as stated in Section 6.14.3 of the Rules and Regulations Governing the Subdivision
of Land In North Andover. The depth of the storm water in the pond would only exceed
4 feet during an extreme storm. Further, space constraints on the size of the pond result
in a greater depth of storm water in the pond.
b. Waiver to impact the natural slopes exceeding 25% over a horizontal distance of 10 feet
as measured perpendicular to the contour as stated in Section 6.24.b of the Rules and
Regulations Governing the Subdivision of Land In North Andover. The character of the
land is such that there are multiple areas with slopes exceeding 25% as identified in plans
listed below. The granting of the waiver allows for an overall better site design layout.
The developer will where feasible make every effort to preserve and maintain the natural
features of the site.
c. Waiver to impact the natural slopes exceeding 33% over a horizontal distance of 30 feet
as measured perpendicular to the contour on a tract or parcel of land intended or proposed
for subdivision or on a building lot as stated in Section 8.10.1.d of the Town Bylaw. The
character of the land is such that there are multiple areas with slopes exceeding 33% as
identified in plans listed below. The granting of the waiver allows for an overall better
site design layout. The developer will where feasible make every effort to preserve and
maintain the natural features of the site.
25. The following information shall be deemed part of the decision:
Plan titled: "Olde Salem Village"
North Andover,MASS."
Prepared For: Key Lime,Inc.
60 Beechwood Drive
North Andover,Massachusetts 01845
Prepared By: Hayes Engineering,Inc.
603 Salem Street
Wakefield,Massachusetts 01880
Dated: October 4,2004,revised: 6/7/05,7/8/05,7/19/05
Sheets: 1 through 15
Scale: I it=40'
Report titled: Drainage Study - Olde Salem Village, Route 114, North Andover,
Massachusetts
Prepared for: Key Lime,Inc.
Prepared By: Hayes Engineering,Inc.
Dated: August 27,2004
Page 8 of 8
REMAND: Site Plan Review- Special Permit Map 107B,Parcels 16&73
Olde Salem Village—37 Dwelling Units
September 6, 2005
Report titled: Traffic Impact&Access Study
Prepared for: Key Lime,Inc.
Prepared By: Dermot J. Kelly Associates, Inc.
280 Main Street, Suite 204
North Reading, MA 01864
Dated: March 21, 2005
cc: Applicant
Engineer
Page 9 of 8
Olde Salem Village,Map 10713,Parcels 16&73
Remand Site Plan Review-Special Permit
Conditional Approval
The Planning Board herein approves the Special Permit Site Plan Review for the construction of
37 dwelling units and associated grading, landscaping located in the Industrial 1 (II) Zoning
District. The purpose of the proposed construction is allow more warehouse area to store raw
materials and finished products related to the existing business. This Special Permit was
requested by Microwave Engineering located at 1551 Osgood Street, North Andover, MA
01845. This application was filed with the Planning Board on March 1, 2005. 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 makes 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 located in the Industrial 1
Zone and involves the expansion the existing warehouse structure that is an appropriate use.
2. The use as developed will not adversely affect the neighborhood, as the project is an
expansion of the existing use and is surrounded by industrial land uses. In addition, the
project will be located on the existing parking area in the rear portion of the parcel and will
not require additional screening or buffering. The existing parcel contains a natural
vegetated buffer at the rear of the property.
3. There will be no nuisance or serious hazard to vehicles or pedestrians.
4. The landscaping approved as part of this plan meets the requirements of Section 8.4 as
amended by the Planning Board,of the North Andover Zoning Bylaw.
5. The site drainage system is designed in accordance with the Town Bylaw requirements and
has been reviewed and approved by the Outside Consulting Engineer, Vanasse, Hangen
Brustlin, Inc;
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. The facility will be on town water and sewer.
8. The Zoning Board of Appeals granted a Special Permit on April 15,2005 from Section 9.2 of
the Zoning Bylaw in order to allow a pre-existing, non-conforming structure to be extended
by a per Plan of Land depicting the proposed Warehouse Addition.
9. The Zoning Board of Appeals granted a dimensional Variance on May 23,2005 from Section
7.3 and Table 2 of the Zoning Bylaw for relief of 18.17 feet from the south side setback of
the exiting building per Plan of Land depicting the proposed Warehouse Addition.
Page 2 of 7
Olde Salem Village,Map 10713,Parcels 16&73
Remand Site Plan Review-Special Permit
Conditional Approval
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:
SPECIAL CONDITIONS:
Permit Definitions:
i) The"Locus"refers to the 3.21-acre parcel of land with land fronting on Osgood
Street as shown on Assessors Map 34,lot 42,and also known as 1551 Osgood Street,
North Andover,Massachusetts.
ii) The"Plans"refer to the plans prepared by Merrimack Engineering Services dated
June 28,2005,entitled"Site Development Plan Proposed Warehouse and Parking Lot
Expansion at Microwave Engineering Located At 1551 Osgood Street,North
Andover,Massachusetts"consisting of sheetsl through 5.
iii) The"Project"or"1551 Osgood Street"refers to the development of 9,075 square feet
of warehouse space and 103 parking spaces.
iv) The"Applicant'refers to Microwave Engineering,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 official.
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:
A) The final plans must be reviewed and approved by the DPW and the Planning
Department and be endorsed by the Planning Board. The final plans must be submitted
for review within ninety(90)days of filing the decision with the Town Clerk.
Page 3 of 7
`
^
mde Sal* vmage. 73
Reinand Site Plan Review-Special Perinit
Conditional Appi-oval
q PRIOR TOTHE START OF CONSTRUCTION
A) & construction schedule ohuO be submitted to the y|aouiug Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
8) All applicable cmxiou control mcuxorux as shown on the p)ou must be in place and
reviewed and approved hy the Planning Department.
C) I/ oho|| be the responsibility of the developer to ax000 that no erosion no the site obnU
occur which will cause deposition of soil or sediment upon adjacent properties or public
ways, except as uu,muUy uooi||n,y to off-site sewer o,other off-site construction. Off-
site
omsion*i||bea6moiuK/,tboPluuniogBoundmukiugufiodiogtbaithen,ojco<inuot
in com»|inuou with the plan; provided, however, that the MouuioA Board shall give the
developer written notice ofxoy such finding and ten days to cure said condition.
D) Y6|n", ^'Cuoboo" {upu must be placed m|uog the limit nf clearing and grading aoshown
no the plan. The Planning Department must 6econtacted prior to any cutting and or
clearing ousite.
E) A pre-construction meeting must he hcN with the developer, Ub6r construction
employees and the Planning Department to discuss xo6udu|iog of inspections and
inspections tobu conducted ou the project.
| o developer must uuoom any ocounomy special permits required oodur the Zoning—
ByulleLs and Numbering
law ib, the continued y,o-uxindog non-conforming status of the original o{ruuoma
f1rnm the Zoning 8unod of Appeals. The developer uboU iuK/on the P|uuuiog
Department/Planning Board of the fiue\ decision of the Zoning Bo&oomcot
0Ojco6ZB&,and provide revised plans oaneeded.
| u developer shall provide the Planning Board with copies of permits,plans and- -fiorma&d_-_�u'ilets and Nu mbering
decisions received 6nm the Conservation Commission. In accordance with Gcnum}
Condition 7(k) hc|o"/, should the Town Planner find that plans approved by the
Cvnxumuhoo Commission substantially differ from the approved plans of the Planning
Board, the developer is required {n present the changes through e public hearing to the
Planning Board for o modification to site plan approval.
D) A bond io the amount nf$5,00O shall be posted for the purpose nfinsuring that o final as-
built n\uu showing the 1ocu|ivu of all on-site structures. The bond iu also io place m
insure that the site is constructed in occnrd0000 with the approved plan. This bond shall
huiu the form ofm check made out to the Town uf North Andover. This check will then
bu deposited into mu interest hearing escrow account.
, 3} PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
Page 4of7
Olde Salem Village,Map 107B,Parcels 16&73
Remand Site Plan Review-Special Permit
Conditional Approval
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.
4) 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) 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 fenced off and
covered.
C) 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.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The building must have any and all fire sprinklers installed in accordance with the
Massachusetts General Laws Chapter 148 Section 26.
B) 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.
C) 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 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 Planning Staff shall review the site. Any
Page 5 of 7
Olde Salem Village,Map 107B,Parcels 16&73
Remand Site Plan Review-Special Permit
Conditional Approval
changes to the approved lighting plan as may be reasonably required by the Planning
Staff shall be made 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.
D) 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 must then provide this certification to the North Andover Planning
Department.
6) 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 must be submitted to the
Planning Department.
7)GENERAL CONDITIONS
A) Any plants,trees or shrubs that have been incorporated into the Landscape Plan approved
in this decision that die must be replaced by the project owner in perpetuity.
B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and
preserve the natural features of the site.
C) Should the Project Owner transfer the project, the buyer shall meet with the Planning
Board to update the Board on the status of the project.
D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
E) Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
F) 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.
G) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
Page 6 of 7
Olde Salem Village,Map 107B,Parcels 16&73
Remand Site Plan Review-Special Permit
Conditional Approval
1-1) No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
1) 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.
J) 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 as provided in General Condition 7(k)below.
JC) ---—------
.Any revisions shall be submitted to the Town Planner for review. If these revisions are.,- - -- Formatted B:--u-llets-and Numbering
deemed substantial, the developer must submit revised plans to the Planning Board for
approval.
!J—This Special permit approval shall be deemed to have lapsed two years after the date of
the grant of this special permit, 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 have undertaken substantial use or construction if the
developer has begun renovation of the existing structures. Moreover, any delay arising
from the need to obtain a Special permit from the Zoning Board of Appeals regarding the
pre-existing non-conforming status of the original structures,or any other permits and the
time required to pursue or await determination of any appeals shall constitute good cause.
Page 7 of 7
Olde Salem Village,Map 10713,Parcels 16&73
Remand Site Plan Review-Special Permit
Conditional Approval
LjM1—This Site Plan Review Special Permit approval is based upon the following
information which is incorporated into this decision by reference:
Plan titled: "Site Development Plan Proposed Warehouse and Parking Lot
Expansion at Microwave Engineering Located At 1551 Osgood
Street,North Andover,Massachusetts
Dated: May 10,2005,Rev.June 28,2005
Applicant: Microwave Engineering
Prepared By: Merrimack Engineering Services
66 Park Street
Andover,MA 01810
Sheets: 1-5
Scale: I"=40'
Report titled:
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Page 8 of 7