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Home My WebLink About09/23/2019 - Notice of Decision - Common Driveway Special Permit - 481 Sutton Street 2 24 T -ivii of North Andover - .2-�4..X o .1.. A Office of the Planning Department Community Development and Ser v- vices Di RECEIVED FO ]'qi ffl� fl.E R K' -0 F I C E 120 Main Street S: F North Andover, Massachusetts 0 1945 2019S 23 PM 1: 52 NOTICE OF DECISION V W - TOWN OF, 110TH COMMON DRIVEWAY SPE CI AL PERMISF This is to oertify that twenty(20)days Any appeal shall be fiffed have elapsed from date of decision within(20) days after the wbout filing date of filing this notice in fat Laurie A. Burz1aff the offlice of the Town Clerk. Interim Town Cleri< Date.* September 17,2019 Public Hearings: July 18, 2019,July 30, 2019, August 20, 2019, September 3, 2019, September 17,219 Date of Decision: September 17,2019 Petition of: Town of North Andover 120 Main Street North Andover, MA 0 1863 Premises Affected: 477-505 Sutton Street North Andover,MA 0 1845 Map 74 Lots 23,24 Referring to the above petition for Common Driveway Special Permits and from the requirements of the Nofth Andover Zoning Bylaw,Article 2 Definitions, Section 195-2.2 and Article 10 Administration 19 5- 10.7. The Applicant seeks a Common Driveway Special Permit to allow a shared driveway allowing access to a Senior Center through a single curb cut at 477-505 Sutton Street. The Property is located in the Business 2(B2) Zoning District. After a public hearing given on the above date, and upon a motion by P. Boynton and T d by A. Preston to APPROVE a Common Driveway Special Permit as amended, and based upon the following conditions. The vote was 5-0 in favor of the application. On behalf of Yhe North Andover Planning Board Eitan Goldberg, Chaii-man Kate Bargnesi Peter Boynton ATTESP, Aaron Preston A bve-Copy John Simons Intei'l'i'Town(."Iexrk 77&505 Sutton Street—Common Driveway vay Special Permit Map 74 Lots 23,24,&5 J The proposed Common Driveway is to allow access to a Senior Center through a single curb cut at 77-- 5 05 Sutton Street,the Applicant seeps a Common Driveway Special Permit. The Property is located in the Business -2 Zoning District. This Special Permit was requested by the Town of North Amdover, 120 Main Street,North Andover,MA.o 1863, The application was filed with the Planning Board on June 1.0,2019. The public hearing on the above-referenced application was opened on July 18,2019, and closed by the North Andover Planning Board on September 1 ,2019 and reviewed in accordance with Section Article 2 19 5-2.2 and Article 10 19 5-l o.7 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. - The Planning Board voted (lay a vote of _ in favor to grant a Common Driveway Special Permit. special permit issued by the Planning Board as 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 Cleric. In accordance with Article 2 Section 195-2.2and.i io e 10 l --1 .7 of the`fawn ofNorth Andover Zoning Bylaw, the Planning Board makes the fi nding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FLINGS of ACT; 1 The application adheres to the bylaw restriction that no more than two 2 lots be serviced by a coon drive. 2 The common driveways are designed to minimize driveway cuts onto Sutton Street by consolidating three 3 existing curb-cuts on Sutton Street into one l curb cut. 3) The specific Site is an appropriate location for access to the lot given the current and projected traffic on the roadway and the site distance to adjacent driveways and roadways. 4) The specific location of the common driveway is appropriate as it connects the Senior Center and multi-family apartment complex. 5 The design and location will not adversely affect the neighborhood as the existing traffic pattern will not be charged. k 6 Where will be no nuisance or serious hazard to vehicles or pedestrians, 7) Adequate standards have been placed on the design which will meet public health and safety concerns. 8) Adequate and appropriate Facilities will be provided for the proper operation ofth proposed use, and the use is in hanony with the general purpose and intent of this,honing Bylaw. 2 Y 477&505 Sutton.Street—Common Driveway Speoial permit Map 74 Lots 23 5 2 P RMI M oNS 9 The"Locus"or"Sites'refers to approximately 4.5 acres of land fronting n button Street as shown on a portion of Assessors Map 74 Lots 23, 2 , & 54, and also known as 477-505 Sutton Street, North Andover,Massachusetts. 10 The`g lans"refer to the plans entitled"Site Development Plans North Andover " Adult Center",, dated May 28, 2019,Revised to August 27,2019 each consisting of 8 Sheets,prepared b eVelli Zrein ne. Box 307,Foorough, NU 0805. 11 The "Project"refers to the construction of a Senior Center,with 81 parkingspaces, associated stormwater drainage,a driveway, and landscaping. The Applicant sees a Common Driveway Speoi l Permit. The property is located in the Business --2 Zoning District. 12 The"Applicant"refers to The` `own of North Andover,the applicant for the Common Driveway Special Permit. 1 The"Project Owner''refers to the person or entity holding the fee interest to the tine to the Locus from time to time,which can include but is not limited to the Applicant,Developer,and Owner. SPECUL CONDITIONS Upon o reaching the above findings,the Planning Board approves this Special Permit it based upon the following Special Conditions: 1 Applicant shall submit draft documentation coneeming a declaration of cross-easements restrictions, and covenants,or equivalent, between the Project Owner 505 Sutton Street and Project Owner Senior Center which shall identify obligations for construction,maintenance, management and other requirements for access/egress driveways to the Planning r eparfinent, DPW and` 'own Counsel for review and approval. 1 Any changes made to these plans Heist be approved by the Town Planner. Any changes deemed substantial by the Town Planner would require a public hearing and a modification by the Planning Board. 1 All special permits t p granted under sections 195,Axticle ,Part 1 and Fart Article 2 Section I9 2.2,and Article 10 1 5-1 .7 of the Town of North Andover Bylaw for 1 Surrey Drive are 477-■ button street,map 74 dots ,�4,25, 54, shall also he considered as part of this Decision. PRIOR TO ANY SITE WORK AND CONSTRUCTION 1 The location of the driveway must he marked in the field and reviewed by the Staff ff planner. 18 All erosion control devices mast be in` lace as shown on the plan. 19 The decision of the planning Board roust he recorded at the North Essex Registry Deeds o s nd two(2) certified copies of the recorded decision must be submitted to the Planning Department. 20 construction schedule must be provided to the Plannm* went. p 21 The Applicant and/or Project Owner shall submit documentation conceming a declaration of cross-easements,restrictions, and covenants nts, or equivalent, between the Project Owner, 505 Sutton Street, and Project Owner Senior Center which shall identify obligations for construction maintenance,management and other requirements for access/egress driveways the document 3 G Batton Street—Common Driveway Special Permit Map 74 Lots 23,24, & 54 shall be recorded with the Northem Essex Registry of Deeds, and the Applicant shall provide the Planning Department with two copies of the recorded documents. PRIOR TO A BUILDWG P RNU ` 22 This Site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission and the Department of Public Works. GENERAL CONDITIONS 2 The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 24 Gas,telephone,cable,and electric utilities shall be installed as specified by the respective utility companies. 25 No open burning shall be done except as is permitted during the burring season under the Fire Department regulations. 2 No underground fuel storage shall be installed except as may be allowed by Town Regulations. 27 The provisions of this conditional approval shall apply to and are binding upon the Applicant, its employees, and all successors and assigns in Interest or control. 28 Pursuant to the Forth Andover Zoning Bylaw Section 195--10.7 the Common Driveway Special Permit shall be deemed to have lapsed after September 17, 2021 (two years from the slate the permit is 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 as dtrnined by the Planning Board. 29 The following shall be deemed part of this decision: Plan titled: Site Development Flans North Andover Adult Center I Surrey Dr.(Map 74 25)477- 55 Sutton Street.,(Map 74 Parcel 2 ,24 and 54)Forth Andover,Massachusetts Prepared for: Town of North Andover 120 Main Street North Andover,Massachusetts 0 1845 Prepared by: DeVellis.groin,Inc, PO Box 307 Foxboro,MA.020 Scale: . '= o' Date: May 28,2019,Revised to August 27,2019 Sheets: cc: Applicant Abutters