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HomeMy WebLinkAbout04/26/2022 - Recorded Notice of Decision - - Bk 17483 Pg237 #14758 06-22- A22 @ 01 : 47p Town of North Andover Office of the planning Department 36 Community Development and Services Division 120 Main Street NORT� wpi OF North Andover,Massachusetts 0I 845 , : NOTICE OF DECISION SIGN MASTER PLAN SPECIAL PERMIT Any appeal shall be fled Within(20)days after the date of filing this notice in the office of the Town Clerk. Public Hearings: March 15, 2022.April 26, 2022 Date of Decision:April 26,2022 Petition of 1600 Osgood Street,LLC 1600 Osgood Street MR, 3 J< 62 13 Piq 2.7 2, Forth Andover,Massachusetts 01845 r t Premises 0 Affected: 1600 Osgood Street13 K 11150 4,North Andc�re � � 210 r,MA01845 0K [6x�0A P44'. Z,51 Assessor's Map 34,Lots 17,and depicted as Lot A consisting of 57.68-+1-acres (2a512fiI4+/s.f) Referring to the above petition for a Sign Master Plan Special Permit the"Application"). The Application was filed seeking relief In the forte,of a Sign Master Plan Special Permit Article 6!, § 195- 6.6.G.(4)and,Article l 0, § 195-10.7 [special.pertnits-general],of Chapter 195--North Andover Zoning ]Bylaw)and I�ICrL c. 40A Sec 9 p g , so as to allow far the implementation of a sign master plan in connection with signage proposed an and adjacent to the property known as Lot A,and also known and numbered as 1600 Osgood Street(the"Sign Project"). T'he Sign Project is located within the Indu.strial 2 zon1n District. g After ,public hearings given on the above date, and upon a motion b J. Simons and 2nd y by A.. Koenig to APPROVE the Sign Master Plan Special Permit,as amended,and based upon and subject to the following conditionsthis"Decision" er.vote as 5-0 in favor of the application a . This is certify that twenty(20)days have elapsed frorn date of decision without filirro of an appeal. :r1 •� �, � Date Carla a Lr ,urine Vlrarren ;� . r �� Town Clerk / Enright 01,Vehalf of the Planning Board Eitan Goldberg,Chauman Peter Boynton Kelly Cormier ATTEST: Alissa Koenig A Tree Copy Johan Simons 20)&"U�Ude& - Town Clerk Bk 17483 Pg238 #14758 1600 Osgood Street,Map 34 Lot 17(Lot A) Sign Master Flan Special Permit April 26,2022 The Planning Board herein APPROVES the Sigel,Master Plan Special Permi as ' (this"Decision', + � further described below As described in the Application,the"Projectf`as previouslyapproved b the Board rehabs lxtati an and redevelopment Pp � d includes the of approximately 399,999 square feet of existing buildings known as both Building Nos.20 and 2 1,along � �with 1�S�l�parkin g spaces,with upgrades to parking, access,utilities, stormwater management, lighting, landscaping and other associated area as de improvements(the" Project in art i Penovaticn p cted as Area 1 on Lot A on the approved site (the lans "RenovatiSitePon and,the relocation and redevelopment of a portion of the existing6MW Solar Energy an area depicted as rgy System located in p Area 2 on Lot A on the approved site plans(the"Solar Site"operation of a Large-Scale e- �for purposes of the o P P g Scale Ground-Mounted Solar Energy System(the``S ola,Pro'eof) including associated i rovemerit P s,to be located on the Solar Site. Collectively,the Renovation Project and the Solar Project, shall be noted as the"Pro`ect" and the Renovation J .l a tio�n Site and Solar Site shall collectively he noted as the"Property"or"Lot A"unless otherwise described herein to include off-premises be located on the adjoining parcel at 1�5 4 Os signage to 7, g p good Street, also known as Lot B,and are as depicted on the P lans, C ollectively,the work ongoi tng at Lot A and Lot B is a"'redevelo pment prof eCt as 1# encompasses one or more parcels of land which collectively consist of at least 100 acres and involves new construction and/or renovations. The Proj ect,including the S ign ProJ'ec# is to sated within s the l-2 Zoning District. Other than the proposed signage program as described in this Application and supporting materials,including signage schedules.,illustrations, pP pportrng strations,and plans depicted on the materials and related plans attached to the Application(the"S ignage Improvements"),and as further described below,no changes are being proposed to the Project previously approved by the Board. The relief described in the Application requested by 1600 Osgood Street LLC the Applicant Owner of the Site was filed g � ppl ZcaEnt and with the Planning Board on February 10,2022. The public hearingon the above referenced Application was opened on March 15 2022 and closed by the North Andover Planning Board on [arch 15,2022. The Applicant submitted the Application and other supplemental Pp tat documents of record M• canfonnance with the requirements of the North Andover Zoning Bylaw,which were noticed and reviewed in accordance with Article 6 1�� 6 �x. a - .6. 4( )and,Article 10,§ 195-10.7A(Special Permit-General) of Chapter 195--North Andover ' oning Byla�v�and 11��rL c.40A,Sec}. The Planning Board voted unanimously(by a vote of 5-0 to approve the Sin ' Pe }, PP g Master Plan Special Permit A special permit issued by the,planning board,as special permit granting authors r� of at least four members of a fire-mein F �' g authority, quires a vote five-member board. Planning Board members participating throughout the hearing process were: Bitan Goldberg, Chair; Peter Bo ton• Kell Cormier; . S xrrion s. � � y , Al�s sa Koenig, and John The Applicant is hereby notified that should the Applicant disagree with this Deci sioii t,under 1VI�L Chapter �' a the Applicant has the right per 40A, Section 17,to appeal to this Decision within twee Decision has been file �days aver the date this d wl"th the 'own Clerk. FINDINGS OF FACT I. The specific site is an appropriate location for such a use,structure or condition since the Property is zoned for industrial use,the signage is specifically tailored to the site and therefore the Property is an appropriate location for the proposed signage master Ian for the Project.P � the signage design provides for a consistent design and theme for the facilities, and properly uses signage in a manYler providing appropriate P P y p g and aesthetically pleasing mess aging,while at the same time providing for safe and effective direction for drivers and pedestrians entering and exiting the Propertyand surrounding p g g property. 1600 Osgood Street,leap 34 Lot1?'(Lot A) Bk 17483 Pg239 #14758 Sign Master Plan Special Permit April 26,2022 2. The Project signage use will not adverselyaffect the neighborhood , g ood but will in fact enhance the circulation and safety of the area by properly directly and circulating hi within the surround' g vehicles and pedestrians g neighborhood with the use of directional and way#fuidin signs,along with appropriate traffic signage to direct traffic in an g g orderly manner, Accordingly,the proposed signage for the proposed industrial uses are well suited for the l proposed ocatiQn. I There will be no nuisance or serious hazard to vehicles or pedestrians Osgood Street and p aus as driveways accessing g the Property will be located and designed with ap ro irate signage u� accordance with the plans Previously a P F F p Y approved by the Board in prior decisions,and signs are located at the exist�g driveway curb cut locations. The parking and I ' designed and located p g oading signage has been gn cated to minimize conflicts and to maximize e cie c leadin to a safe efficient ingress to and egress,from Y g and gr m Osgood Street and the abutting 1450 Osgood Street property for automobile,true and pedestrian traffic. Si p p p to signage vmpravemexrts have been designed to maximize an-site and off-site safety. 4 Adequate and appropriate facilities will be provided for the proper operation of the proposed use as the Project is adequately and appropriately serviced by signage, m addition to other municipal water, sewer and other utilities that adequately address the nee p � Y needs of the Project. 5. As required under§ 195-6.6.G.(4),the Property and Sign Project are l • 2 1-2 Bonin �• � located thin the hidustnal g District,and the work ongoing at Lot A and Lot B is a"'redevelopment "' project"'as it encompasses one or more parcels of Land which collective) consist involves new cons Y of at least l�0 acres, and construction and/or renovations. Any subsequent modification to signage on Lot A shall be considered part of the"'redevelopment project" and p p 1 �and this Sign Master Plan Special hermit any modifications thereto shall be treated as part of this Sign Project. 6. Although the proposed signage deviates from the specific si re § 1 95-6.6,the Board finds y p �requirements of chapter 195, that the signage contained within the Application, includingthe proposed sires, locations}and general design a g �approach h far signs as described in the materials included in the Application,and as presented to the Board is consistent with the general purpose and intent of the sipwi bylaw criteria.described under§ I95_6.2 since the si protects and enhances the visual environment of the�'owrx f � a or purposes of safety, convenience, information, and the welfare of its residents, and are appropriate to the land buildings a g or uses to which they are appurtenant, and are adequate for their intended purpose while balancingthe individual an community interests identified under d • § 195-6.2. The Board fiends that the signage contained within the Application is consistent with the special permit criteria described d under§ l 95-I o.7 (special permits),as noted in this Decision. 7. The proposed use is in harmony with the general purpose and intent� . following reasons p f this honing Bylaw for#ire g . The existing buildings have existed at the Property for decades and the signage ra proposed will enhance the aesthetics of the buildings and surrounding p p _ gs urzding property. The adjoining property,Lot B, is comprised of p ' new buildings,configuration,and traffic patterns. The Property and Lot B are designed to co-exist and,to some extent share, common access and easement rights.The proposed signage will also provide for safe and effective vehicular pedestrian travel within and and out of the Property added by strategically placed and visible signage, markings and other wayfindin si s desi ed to fac• ' g gr► facilitate internal and external circulation. The Sign Project,as shown on the.Site Flans,complies with the Zoning Bylaw. For t of the Proposed� rovement � g Y these reasons,all l� p s and enhancements noted herein' are m harmony with the general purposes and intent of Article I ("Purposes")of the North Andover Zoning Bylaw. Y 8) The application was reviewed by 'own staff as evidenced email comet M by communication from Array axnera Conservation Adrxififistrator,dated February 28,2022,email communication from wil'Ieit,DPWerations Director, Tim,dated February 15,2022, email communication from John Bk 17483 Pg240 #14758 1600 Osgood Street,Map 34 Lot 17 t A) Sign Master Plan Special Permit April 26,2022 Borgesi,Town Engneer,dated February 28,2022, 2022. and Lt.Dan Laneri,NAPD dated February 28, Accordingly,the Planning Board finds that the Sign Project generally complies with Andover Zoning Bylaw g � P the Town of North g requirements, including: Article 6, § 195-6.6.G.(4),and Article 1[Special Permit-General � � 195-10.7A �,of Chapter 195 --North Andover Zoning Bylaw), and MGL c.40A Sec. 9 but requaures conditions in order to be fly in compliance. The Plannin B Applicant of the goard hereby grants an approval to the PP a requested Sip Master Plan Special Permit above,provided the following Conditions are met. PERM-TT DEFINITIONS The fallowing Permit Definitions are as follows; 8. The term."Property"or"Sites'refers to a 57.68-acre area of land fronting on Osgood Street,shown as Assessors Map 34, Lot 17, and also known as Lot A., and numbered as 1600 Osgood North Andover, g Street, Massachusetts,and as more specifically depicted on the Plans. 9• The term "Plans77 refers to the portions of the laps related to Lot A re P prepared by Langan Engineering & Envuonme�ntal Services, Inc dated July 25, 2019 and revised to Se 242�,consistin of 146 sheets a September 1�, g entitled"Permit Site Plans,forth Andover Massachusetts,Proposed Redevelopment for Hxllwood Enterprises,L.P.and 1600 Osgood p.god Street,LLC,Distribution Facility, 1600 Osgood Street, Town of North Andover, Essex County, Massachusetts," as ad' fans attached as Exhibit � adjusted by the p A to this Decision 10. The`"Sign Proj ect"refers to the signage proposed on and P th adjacent to e Property.P �.The Sign Protect is located within the Industrial 2(12)Zoning District. 1l. The "Applicant" refers to 1600 Osgood Street, LLC, 1600 Osgood Street Massachusetts 01$4 F g t, North Andover, , the Applicant for the Sign Master Plan Special Permit, its successors and assigns. 12. The"'OWner"refers to the person or entity holding the fee interest to the title to the Property from time to time,which can include but is not limited to the Applicant developer,and p p y future owner. SPECIAL CONDITIONS 13. All special permits granted under the"Notice of Decision—Site Plan Review Park ing,and Common Driveway Special Permits,and Large Scale Ground Mounted Solar Energy ' System Site Plan Review and Solar Setback Modification Special y 2�Permit"dated May 2 2 � � 0 0,and recorded with the Essex.North Registry of Deeds in Book 16635,Page 148 (the"'Original Lot A. Decision"), as modified b the"Modification y to Site Plan Review,Parking, and Common Driveway Special Permits,as well as the Modification to Large-Scale G round-Mounted g Solar Energy System Site Plan Review and Solar Setback Modification Special Permit��d ,2020 and recorded � . ti S p e 8 dated October � "' d with the Essex North Registry of Deeds in Book 16635,Pa 1 (the 1L.ot A Modification L�ecY g Decision")(collectively,the'`Lot A Decision )and special conditions m the Lot A Decision shall also be considered as parr of,and as adjusted b this Decision incorporated herein. J y, and the Plans 14. The signage as depicted on the Plans shall be installed substantial) in conformance with Plans. y file 15. An"Ammon Trucks Left Only"sign shall be installed at both the northern and sout hern access/egress drives. The final placement of the two(2)said signs shall be roved b the Planning Director. � approved y 16. The internal xllurximation lighting specifications for the four 4)freestanding signs along Osgood Street shall meet the specifications detailed in Exhibit 13,which is attached to this Decision. Bk 17483 Pg241 #14758 1600 Osgood Street,Map 34 Lot 17(Lot A) Sign Master Plan Special Permit April 26,2022 17. After the initial sign installation as provided above, signs may be installed re with the approval � � moved,and replaced pp of the Building Inspector,provided that such signage substantially conforms to the Plans. PRIOR TO ISSUANCE OF SITE WORK,BUILDING PERAUT OR CO NSTRUCTION 18. Two(2)copies of the signed,recorded decision with approved to the Plans attached must be delivered Planning Department. 19. A pre-construction meeting must be held with the Applicant, developer,andPlanning Department. The purpose of this meeting will be for the Applicant to submit a sign gn schedule to review the initial installation Of new signage and timm" for such initial installation. on. 20. Evidence of the application far,and issuance of,signpermits b the Build' . be provided. P Building Commissioner shall DURING CONSTRUCTION 21. Any stockpiling of materials(dirk goo(,construction materiaL sign debris etc.)tc.)must be reviewed and approved as a part of the sign schedule described above by the Plannin staff approved piles must remain covered g . Any P c Bred at all times and fenced o�to minin�i.�e any dust problems that may occur with adjacent properties. AFTER.MTIAI.,SIGN INSTALLATION 22. The Applicant must submit a letter from the architect,engineer,or sign con ` Project stating that the ' gn parry far the Sign .� g installation o f signs substantially comply with the Plans and are functioning as designed. 23. All signage shall conform to the signage regulations contained within the North Andover Zoni g Bylaw,Article 6, except as modified by this]decision. 24. Ile project engineer shall certify that sight lines at all Rt. 125 access/egress locations . ocatxons are in compliance with engineering standards. GENERAL CONDITIONS 25. The contractor shall contact Dig Safe at least 72 hours prior to commencing g any excavation. 26. The hours for construction shall be limited to between 7:00 a.m. and 5:04 . p m.Monday through Friday and between 8:00 a.m. and 5:00 p.m, on Saturday. 27. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 28. The owner shall apply to the Board of Health for the appropriate dun ster e . p p p permit xfnecessary,to temporarily dispose of any signage debris. 29. The provisions of this approval shall apply to and be bindingu the Applicant,on P Pp t,its employees and all successors and assigns in interest or control. 3 0. Any action by a Town Board,Commission,or Department,which requires changes in resented to the Planning � g the Plans as p anning Board,may be subject to modification by the Planning Board. 31. Pursuant to the North Andover Zoning Bylaw Article 10 Administration Section Z 95- 14,7,this Sign faster Plan Special Permit Decision shall be deemed to have lapsed after April 6,2024two years from the date the permit is granted),exclusive of the time pursue to required� p sue or await Bk 17483 Pg242 #14758 1600 Osgood Street,,Map.34 Lot 17 t A Sign Master Plan Special Permit April 26,2022 determination of any appeals,unless substantial use or 'construc tan has commenced within said two-gear period of for good cause as determined by the Planning Board 32. pursuant to the]forth Andover Zon in Bylaw Article I Q ' g Administration Section 19 S-10.7,this I eois*on shall not tape effect until: (a)the Town Clerk certifies ocopy . . a of the dec�sxon that 20 days have elapsed without filing of an a1a cal or that an appeal denied;(b)the � t Y I�,p aI filed has been dismissed or certified decision has been recorded,at the owner's ex e Registry of Deeds indexed in p nse,In the Esser punt the grantor index under the namef the record owner,a and noted on the ownerrs certificate of title;and,(c)if the l e s cia Permit involves ' decision at the o � F lves registered property,the wnees expense,shall also be filed with the Recorder of the Land Court. cc: Applicant Abutters Town Clerk Owner Bk 17483 Pg243 #14758 1600 0,9ge0d Strfet,Map 34 t 1-7( t A s4p Master plan Special pew April 26,2022 HXBXT A TO NOTICE OF SIGN MASTER P LA 1Y SPEC [ PERMIT DEC.TSION aANS sat Ofplaus Wmist g of 8 Sheets entitled"'O ood Landing,g, 11500 Osgood trce�North Andu ver,MA 01845��e�g� e�elap�en is I�alGd���c�-ber �' • 15,2aI (mess with noted) pre pared by Payant,including, 1. Cover Sheet; 2. "Double Sidcd Monumen'V'labeled sheet I A.l 1 of 3 "'Double � 1, dated I1 � 1 (Rev. loll��21�s y pin labeled 2A.1, Y of 1 dated 1/ I 4 " � (Rev. I�f I��1�a `)0 ubla Sided Pylon"labeled 3A,.I., I of 1,dated 1/26/2 I (Rev� 0[� 1tit + �7 �1���� 1�7 "Double Sided Monument"laded.4A.1, 1 or 1, dated 1/26/21 6. "S- Sided ,, (Rey. 1��I 5 1�� e Sided Dircetory labeled 5 A,I, I of 1,dated 1/26/21 7. "pa�t i �a (Rev. 1�15f21�� Mountedand ujgtory Sr gnu labeled 6A.1, I of 2 dated 1/26/21 (Rev. 1(j/]5/2 1); 8. `Tost Momted RcgulatOrY Signs"labeled 6A.2 2 of 2 dated 16/21 (Rev. I01I5l21�. A set of plans eon sis ling o1'11 sheets, dated as noted �� Fn V i ron p .pa�ed by L�t1g Engl�Yocrng and ental S erviees,.1ne.,m- c ludirag 9. 1 W g C�i'E1`e4et F ►'� 5` r aid �.: #dated February2022; 1[. t - . 5 Osgood treet Proposed Signs oV P!wj" date - 1 I. 15 5 0-1650 0 sgo od Street Lx1sting asp# dated 'e1�ru� 12, "Pxop osed Building lVal i ��go���,clued Feb.-Uar. 2 , 1 t sga yd 1,anding i peed1i(1tion5,Program standard 'GeneralNl # s3" February 20 ; 14. "Osgo od'Loading'1 en ant sign LSpeei fi� ti o dreg ri " c F � r ��_l,UL S".&M CrUeria . dated 1 c 2022 15. fwlprop os 0sguod'Solar ign�� dated ebrra a • �, "15-50-1650 Osgood Street Sign Schcdulce dated February Signage&Striping Plan 1 i t dated 1 [1 020(Rev.4121-12022); 106 Signage&- Sfipij Ig Plan V j'"dated 12/1,1/20 o(Rev. • 19. C �� . _ 4I�1���� �}and 1'50 i Si gnage&Striping Delail;F'dated 12/1 V202 0 (Rev.412 I/2 022). { Bk 17483 Pg244 #14758 1600 Osgood 8treet,Mal)341-0117(Lot A) S meter Pim metal fart Apri 1263,2022 EXHIBIT B TO NOTICE OF SIGN MASTER PLAN SPECIAL PERMIT DECISION Dote: these • #� a v�p� tad to a ple s� presented � ail 20,22 P1 ]Board�tiu (picture attar l� 2 bA-10fter frOM, Gary McCov....Account Executive.,Po anti o 24 Yodt- E 5� t -max led modules, o Kod#�. bincts. Sip, d id 1 (l 0 t i k alMain r nanols that tare stencil cut. a Tetterint1 "(hiejk -ush t i agrxjic w1 $ )�I s ill d t of ph letter. Bk 17483 Pg245 #14758 POY n t W.Rank RoUms May'Z,2022 Langan ago StrMt aastvnj MA 02116 Re:Osgood landing L ghung swdim ns l=r`ank., Per the request of The KOA Andover Manning faand,below autttries our tighting spermcations fcr the osgoodsigTaw- These specif muorns%ere presented in a sang to sign and w p gn presented at the��r�t�� meeting, 5ne��tcati��s Ught ng n 24 Mt-GIE 6500 w>>fte tet(A-trice€tee tnoduRe$. hodutes Spawd In rows V m meter witti 1.h"spacing throtghwL sign cab imts. • Faces n WMdual 090 thlc*atvMJ31UM pffiieif hat are tstencit coat, 0 Len ring is M"thlr-k Push-thru ac;ylk wfth 1ve vinyl jq,ptted to face of ewh tetter. Chrry lacy Acroitnt L-xectrlwv8 M5'Surnuel Hamel Ikuteward New aedford,M.A 0274.5 Bk 17483 Pg246 #14758 r 1-5 ................. AMAZON TR U CKS LEFT ONLY i i I Ii 130RDER ,a P\—1 - 1 ,3 TH-0.6,5 IN=-0,.5h roned Style,: regu I a tor y.sc--L . . 1988 Edition .............. .............. LAIVGA/V Pdrmfwt RIP. N& 1600 OSGOOD "NvIAZON TRUCKS now ar, l iiSTREET LEFTONLY' &a"Bx FIGe i F.8�, 410� wM AMOOM MASSACHUsum, SIGN oo� Cbeda� 9 � �t1:�7 ate;�ke�..[y�y�.�•al.sf�s��.�or.�r - _ 8 7 14758 k 17 4 _ _ - _ ...... _ _ _ _ -i_.k_: ......................... Fr t- I. _ _ - _ _ _ - ... .. ... - _ - 71. _ ........................;` . ..... ........ ........:......:.........:........... - fr .- ! -_ !► E - __ � _ - _ - _ _ - _ - _ _ _ ,. �. ............. x= -_ _- • r: _ _ -s� - _ . r - - «. .......... .: - - - /. f. -' ER ESSE� NQRTH REGISTRY QF DEEDS E-RECQRDED