HomeMy WebLinkAbout1997 - Notice of Decision - - Town of North Andover RTh
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover,Massachusetts 01845 icwaf♦y,t�
. WLLIA.M J.SC4TT ��;�,�, ��s�cHu5�t
Director .��`�u0�`C;'f
NOTICE OF DECISION e>� V zo
Any appeal shall be filled . �..
Within (20) days after the �:;� : car�i $t twen ty(20)day- c v
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date of f l I i n th s N of c e ,cut t� "date of der �uiod ...
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in the Office of the Town `` r'
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Clerk. iowm Clerk
Date March 4, 1997
Date of Hearing.-FabxPary
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Petition of Renex Dialysis Clinic
Premises affected 101 Sutton street in the IWS Zoning District
Referring to the above petition for a special permit from the
requirements of the North Andover Zoning Bylaw 8.3
So a8 to allows new use -in_.angXigt.j.ncr structure which contains new processes
not normally associated with the existing use and which may result in changes.
After a public hearing given on the above date the-Planning Board
Voted to APPROVE the special, Permit
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based upon the following conditions;
Signed
CC: Director of Public Works Jose h V. Mahoney, Chairman
Building Inspector
Natural Resource/Land Use Planner Richard Rowen Vice Chairman
Health Sanitarian
r
Assessors Alison Lescarbeau Clerk
Police Chief
Fire Chief Richard Nardeila
Applicant
Engineer John 5imans
File
Interested Parties PlanningBoard
a rd
BOARD OF APPEALS 688-9541 BUILDING 689-9545 CONSERVA110N 689-9530 HEALTH 688-9540 PLANNING 688-9S35
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Town of North .Andover t NaR�N
OMCE of
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street n
North Andover Massachusetts 4 1845
WMLMM J.SCO17 r
Director
March 7, 1997
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
No. Andover, MA 01845
Re: Special Permit/Site Plan Review 201 Sutton Street
Dear Ms, Bradshaw:
The North Andover Planning Board held a public hearing on Tuesday
evening, February 18, 1997 at 7: 30 p.m. in the Senior Center
behind the Town Building, on the application of Renex Dialysis
Clinic of North Andover, Inc., 12801 N. Central Ex Way -- Suite
340, Dallas, TX 75243-1722 for a special, permit under Section 8 . 3
,(Site Plan Review) of the North Andover Zoning Bylaw. The legal
notice was properly advertised in the North Andover Citizen on
January 29 and February 5, 1997 and all parties of interest were
duly notified. The following members were present: Joseph V.
Mahoney, Chairman, Alison Lescarbeau, Clerk, Richard Nardella and
John Simons , Richard Rowen, vice Chairman and Alberto Angles,
Associate Member was absent Kathleen Bradley Colwell, Town
Planner was also absent.
:The petitioner was requesting a special permit to allow a new use
in an existing structure which contains new processes not
normally associated with the existing use and which may result in
changes. The premises affected are 201 Sutton Street, North
Andover, MA in the I--S District.
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Ms. Lescarbeau read the legal notice to open the Public Hearing,
Richard Kaminski, Attorney George Della Russo Jr. , Jerry McNeil,
v.P, of Renex in Dallas, TX and owners, Kenneth and Carrie Crouch
were present representing Renex Dialysis Center, The '
applicants went to the Zoning Board of Appeals and received a '
variance. There -will be no work done to the exterior of the
building with the exception of raising the grade locally at an
existing loading dock and the painting of parking -lines to change
spaces on the existing paved surfaces around the building. The
applicant has filed for a special permit but is requesting a
waiver,
BOAR]OF APPEALS 688-9541 BUILDINO 689-9545 CONSERVATION 688-9530 HEALTH 689-9540 PLANNINO 680.9535
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Mr. Nardella asked how many people would be working there and
what was the square footage. Mr. McNeil stated that there was a
total of 10 employees and 13, 000 SF. Mr. McNeil added that the
first floor there would be 19 dialysis stations. The second floor
was planned for administrative functions.
Mr. Mahoney asked why site plan review should be waived, Mr.
Kaminski stated that the Zoning Bylaw states that if a project is
not going to have an adverse impact/ review can be waived,
Mr. McNeil stated that 30- 45% of the patients drive. The rest of
them have family members drive them or have a van pick them up
from the hospitals because the patients are too weak to drive.
Two handicap parking spaces are planned.
Mr. Nardella. asked if the applicants had plans to expand. Mr.
McNeil stated no,
Ms. Lescarbeau stated that the Board should draft a decision
stating that they can not have more than 19 stations and they
have an adequate amount of parking.
Mr. Nardella asked what kind of traffic would be coming through
the property. Mr. McNeil stated that there would be a large
truck once a month for two hours to off load the materials.
The variance that was granted allows 37 parking spaces instead of
50. The width of the isles 25' and the minimum is 16 1W . The
one .condition is that they have to provide landscaping on the
property.
. :Mr. Nardella and Mr, Simons stated that they would not waive the
-review.
Mr. Nardella stated that they should open the Public Hearing. .
The vote was:
Mr. Nardella yes
Mr. Simons yes
Ms. Lescarbeau yes
Mr, Mahoney did not vote
The Board opened, the Public Hearing,
Mr. Nardella asked if there are any other possible uses. Mr,
kcNeil stated that they are strictly a dialysis center and do not
plan to do anything but dialysis. .
Ms. Lescarbeau asked if they are planning to lease all the
property. Mr. Crouch stated that at the present time :� of the
property is the dialysis center and there is a gymnastics studio
in the rest of the building.
Mr. Simons asked what were the hours of operation. Mr. McNeil
stated that they will be open from 6 a.m. - 6 p.m. Monday -
Friday. There are two shifts per day each lasting 5 hours. Mr.
McNeil stated that when they open the business they will have
only about 60 patients.
Mr. Simons asked what kind of exterior lighting does the building
presently have. Mr. Crouch stated that there is one light facing.
the driveway and is on a timer an there is one in the front and
in the back and they stay on a tamer all night.
Mr. Simons asked if they had a company to pick up, the medical
waste, Mr, McNeil stated that they will put non-hazardous waste.
in the dumpster and the hazardous waste would be disposed in a
hazardous waste container inside the building and would be picked
up by a hazardous waste company.
Ms. Lescarbeau stated that she thought that they should put a
fence around the dumpster.
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Ms. Lescarbeau asked if the sign was going to change, Mr. McNeil
stated that they will conform to the rules and regulations, but
he stated that dialysis centers do not need to advertise so they
do not need a huge sign.
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The Board vroted to approve 241 Sutton Street Dialysis Center Site
Plan Review Modification on the terms that there is a maximum of
•19 stations in the building subject to ZBAs decision being issued
' .and having a stockade fence around the dumpster.
On a motion by Ms. Lescarbeau, seconded by Mr. Nardella the board
voted unanimously to close the public hearing.
On a motion by Mr. Nardell.a, seconded by Mr, Simons the Board
voted unanimously to direct Ms. Colwell to draft a• decision',
The North Andover Planning Board held a regular meeting on March �
4, 1997. The following members were present: Joseph V. Mahoney,
Chairman, Richard Bowen, vice Chairman and Alberto Angles,
Associate Member, Alison Lescarbeau. Clerk and John Simons,
Kathleen Bradley Colwell, Town Planner was also present,
201 Sutton Street -- (Dialysis Center) - site plan review
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Ms, Colwell recommended approval of the Site Plan Review,
On a motion by Ms, Lescarbeau, seconded by Mr. Rowen the Board
voted unanimously to approve the site plan review,
Sincerely,
i Joseph V, Mahoney, Ch a i- man
North Andover Planning Board
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201 Sutton Street enex Dialysis)
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Site Plan Review-Special Permit
The Planning Board herehn approves t the Special Penmk/Site Plan Review for the change In use of'an
existing 1300 SF branding from light assembly,and office to a dialysis treatment center located M the I-
S Zoning District at 201 Sutton Street. This Special Permit was requested by Renex Dialysis U 'c of
North Andover,Inc., 12801 N. Central Ex Way,Suite 3�40,Dallas, TX 7524,3-1722 on land owned b
D Bridge Realty Trust,201 Sutton Street,Forth Andover, 18450
The Planning Board males the following findings as re uff" ed by the Zoning Bylaw Section 8.3 and
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U SINGS OF FA
t w The specific site is an appropriate location for the project as It%a located on land that is zoned
for industrial use and n changes be made to the existing building or site. The exterior of
the building w not change,
2. The use, as developed, will not adversely affect the neighborhood as the level of use of the
building will not change.
3, There will be no nuisance or senoras hazard to vehicles or pedestrians as there i a. rmn
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Bunt oftraffic associated With a dialysis treatment center,
w No new landscaping is proposed as there will be no changes to the existing building and
grounds,
5. No new drainage is proposed on site as no additional in pervivua surface will be created
, The applicant has met the requirements of the Town for Site Plan Review as stated n Section
83 of the Zo Bylaw;
7. Adequate and all r prate facilities will be provided for the proper operation of the proposed
use,
' w w rowed generally complies lies with the Town of over
Finally,, l'lan�u Board panda that this l' h end
Ze�'g, Bylaw requirements as listed In Section .3, but requires conditions 'in order to be fully in
compliance, The Planning Board hereby grants an approval to the applicant provided the following
conditions are met;
SPECIAL CONDITIONS,
I. There shall be no more than 19 dialysis stations ,at this site at this time. If the applicant
Wishes to create additional stations w
he rnunst appear before the Planning Board to request
n modification to this decision.
2. Prior to any work on site,the applicant shall adhere to the Mowing,
a The final plan must be reviewed and approved by the Yawn Planner and subsequently
endorsed by the Planning Board, The final plans must be subn1l'tted for review within
ninety days of filing the decision With the Town Clerk,
A bond in the amount of two thousand ($2,,000) dollars shall be posted for the
0011,
purpose of insuring that a final as-btWt plan showm" g the location,or aff on-site utdities,
structures, curb cuts,parking spaces and drainage facifities is s,ubm'tted. The bond 'is
also M' place to M' ure that the site'is constructed in accordance With the approved plan,
This bond, shy be 'in the form of a check made out to the Town of North Andover.
This check will then be deposited into an interest bearing escrow account.
C A construction schedule shall be submitted to the Planning Staff for the purpose of
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tracking the construction and,informing the public of anticipated activities on the site,
3. The hours for construction must be limited to between the hours of 7,-00 a.m. and 7,,001 p,,m,
Trucking of supplies,and the use of heavy of equipment must also be restricted to these hours.
Sunday and Holiday construction will not be permitted.
4. Mor to FORM U verification(Buflding Permit Issuance):
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The final site, plan mylars must be endorsed and three (3), copies, of the signed plans
,must be delivered to the Planning Department,
�b)i This decision shall be recorded at the'Essex North Registry of Deeds and a certffied
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copy of the decision delivered to the Planning Staff.
S. Prior to verification of the Certificate of Occupancy,
a) The dumpster must be enclosed by a wooden stockade fence or other material in
keeping With the existing building materials,
b) The applicant must submi't a letter from the architect or engineer of the project st,at
O�LLthat the WNW& signs, landscaping, fighting and site layout substanti"afly complyWIL11
the plans referenced at the end of this decision as endorsed by the Planning isloard.
c) AD artificial fightm- g used to illumi'nate the site shag be approved by the Planning Staff,
AD fighting shall have underground wmng and,shall be so arranged that all direct rays
from such fighting falls entirely within the site and shaH be shielded or recessed so as
not to shine upon abutting properties or streets. The site shall be reviewed by the
Plan=' g Staff. Any changes, to the approved lighting plan as may be reasonably
requ' d by the PI owner's Staff shall be,made at the oer's,expense,
ire anning
d) The building must have commercial fire spdnklers installed M' accordance With the
North Andover Fire Department.
6. Pn*o to the final release of security:
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a The site shall be reviewed by the Plantim' g Staff, Any screening as may be reasonably
r ir d by the Plannin Sitaff wiff be added at the appficants expense.
rewired ig
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b) A final as-bunt plan showing the location of all on- site utilities, structures, curb cuts,
parking spaces and drainage facilities must be submitted to and reviewed by the
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Planning Staff and the Division of Public works.
7. 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 mnumize any dust problems that may occur with adjacent properties. Any stock
piles to remain for longer than one week must be fenced off and covered.
8. 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,
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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 as specified by the respective
utility companies.
116 All catch basins shah be protected and maintained during construction with hay bales to prevent
siltation into the drain lines.
12. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
13. No underground fuel storage shall be installed except as may be allowed by`fawn Regulations,
14. The provisions of this conditional approval shall apply to and be binding upon the applicant its
employees and all successors and assigns m interest or control, s
15. 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.,
16. Any revisions shall be submitted to the Town Planner for review, If these revisions are deemed
substantial,the applicant must submit revised plans to the Planning Board for approval, t
17. This Special Permit approval shall llbe deemed to have lapsed aft1122irer {
(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. .
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18. The following information shah be deemed part of the decision:
Plan titled: Proposed Dialysis Center Site Plan ;
Prepared for: Renex Dialysis Clinic of N.A.Inc.
201 Sutton Street
• North Andover,MA
Scale: 1'3 20'
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Date: January 17, 1997
Sheet: 1 of 1
Prepared by: Richard F.Kaminski&Associates,Inc.
360 Merrimack Street
Lawrence,MA, 01943
cc; Director of Public'Forks
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
201 Sutton Street-Site Plan Review
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