HomeMy WebLinkAbout06/01/2021 - Notice of Decision 5
• Town of North Andover
Office of the Planning Department , ,
Community evel ment and Services Division `
120 Main Street
North Andover, Massachusetts 0184 AI r
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NOTICE of RECISION - r
SITE PLAN REVIEW SPECIAL PERMIT This IS certify that twerp days
have elapsed from date of dWslon
► appeal shall a filed w 'lout filing o a appeal.
Dart
within 20 days after the Carla Dawne Warren
date of filing this notice in , "Town Clerk
the-office of the Town Clerk.
Date: June 1, 2021
Date of Hearings; March 1 ,2021,May 4,
2021,June 1,2021
Date of Decision: June 1,2021
Petition of: Elaine Finb ry
160 Foster Street
North Andover,AA 0145
Premises Affected: 3 Great Pond Road and o Johnson Street
North Andover,NA 0 1845
Map 96, Lot 21 and Map 96,Lot 22,respectively
The above petition for a Site Plan Review Special Permit is in accordance with Article 8, Fart 3 and Section
195-10.7 of the North Andover Zoning Bylaw.
This petition is to allow-for the creative reuse and conversion of the Grange Hall in the Old Center to
three residential units, construction of retaining walls, storrnwat r management, and creation o
associated parking spaces. No exterior alterations are proposed. The parcel is located within the
Residential 3 zoning:district.
After a public hearing given on the above date, and upon a motion by J. Simons and 2nd by A. Freston,the
Planning Board Approves the Site Plan Review Special Permit as amended and used upon the following
conditions.Vote was 4-0,t ammoos in favor.
ALM
n behalf oft a Planning Board
itan Goldberg,Chairman
Peter Boynton
Aaron Freston
TT&IM
John Simons
A True Copy
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Gr at Pond Road&0 Johnson Street
Map96,Lot 21 &Map 96,Lot 22
Site Plan Review Special permit
Page 2 of
The Planning Board herein APPROVES the Site Plan Review Special Permit for the creative reuse and
conversion of the Grange Nall in,the Old Center to three residential units, construction of
retaining walls, ston water management, and creation of associated paring spaces. No exterior
alterations are proposed. The parcel is located within the Residential dential 3 zoning district.
The application was filed with the Planning Board on October 262 2020. The public hearing on the above-
referenced application was opened on November 24, 2020 and repeatedly continued with no evidence
heard until March 16, 201. The hearing was continued to April 6, 2021 and April 27, 2021, and evidence
was next heard on May 4,202 1.Again the application was continued May 18,2021 and evidence was then
heard on June 4 and the hearing was closed by the North Andover Planning Board on June 1, 2021. The
Applicant submitted a complete application,which was noticed and reviewed in accordance'with Article 8,,
Part 3 Site Plan Review,and 1 -1 . 'of the North Andover Zoning Bylaw and MGL C.40A, See. 9.
The Planning Board voted (by a vote of - to grant the Site Plan Review Special Permit. A.special
permit issued by the planning board, as 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 4 A, Section 17,to appeal to this decision within twenty days after the date this
decision has been filed-with the Town Clergy,
The Planning Board males the following findings as required by Article 8, Part 3 Site Pion Review, and
19 -10. "of the North Andover.honing Bylaw:
FLINGS OF ACT:
1. The specific Site is an appropriate location for such a use, structure or condition. This is an existing
structure and the Progect is located in the Residence 3(R-3)Zoning District. The Site is small and adjacent
to wetlands and .on'unercial uses. The specific Site,and the preservation and ire-use ofthe historic structm
for presidential use is appropriate in this location widii .the Old Center and the Town Common.
2. 'The use as developed will net adversely affect the neighborhood. This ire-use of the structure will conserve
.the value of the land and historic building. The building, as a community center, sloes not have regular
°-traf ic,however, when used for gatherings has surge traffic. The reuse as residential units will result in
daily traffic,but will eliminate the surge traffic.
3. There will be no nuisance or serious hazard to vehicles or pedestrians.Based on deliberations at both the
Zoning Board o Appeals and the Planning Board hearings, a
well s input from the general public,the
Site Plans were modified to reflect pig to the rear of the structure, eliminating proposed spaces
Umediatel adjacent to Great Pond Road. The addition of three residential unpits and daily vehicle trips
} associated with the wits can be accommodated by Great Pond Road and the Old Center as redesigned.
4. Adequate and appropriate facilities will be provided for the proper operation of the use. The
proposed
} building is on Town water and sewer,adequate parking;will be provided,and the renovation of the building
to current building codes will reduce fire hazard.
5. :The Special Permit- ranting Authority makes a speck finding that the use is in harmony with the general
purpose and intent of the Zommg Bylaw.
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3 great Pond Road&o.Johnson Street
Map 96,Jot 21 &Map 9 ,Lot 22
Site Plan Review Special permit
Page 3 of
.' The Zoning Board of Appeals granted a Special Permit requested under Section 195- .33 Residential
Adaptive Ike-use and Section 195-9.3 A 5 Pre-Existing Non-Conforming Use of the Zoning Bylaws for
the purpose of converting Grange Hall in the old Center to a multi-family home with three 3 residential
units.
7. The Zoning Board•of Appeals granted the following variances on Larch 9,2021:
a Variance requested under Section 1958.5 A. design Standards for parking and driveways and,
b Variance requested from Section 1 5- .5 C 2 Design Standards for entrance and exit
driveways of the Zoning Bylaw for the pose of instating six parting stalls for the
•multi-family home.
. In accordance with Article 4 Buildings and Uses Permitted, Part 7 Residential .Adaptive Reuse Special
Permit , 195- .3'7(l ,the Planning Board,after review of the Housing and Historic,Cultural,and Natural
.Resources Chapters, has determined that sufficient evidence has been provided that the Project is'in,
accordance with the current North Andover Master Plan.
9. The creative adaptive reuse of this structure preserves an historic resource.Founded in 1886 when North
Andover was still a fig community,the North Andover Order of the Ptrons of Husbandry No. 12
(AKA'qhe rang ")was a vibrant flourishing organization. In 1911 they buildt their own assembly hall
with two large open meeting rooms at 3 Great Pond Road Mn the Old Center.
10.In accordance with Article 4 Buildings and Uses Permitted, Part 7 Residential Adaptive Reuse Special
Pennits, 195- .3 7(G), mffii num of 30%of the remaining lot area must remain penneabie material such
,but not waited to,vegetation,mulch,and gees,unless specifically waived by the Planning Board during
site plan review. Existing Site is 3 5% impervious and 5%pervious land cover. Proposed condition is
impervious and 5 %pervious land cover.
11.. fhe Project has been reviewed by the Town Engineer. ' Comments were submitted to the Applicant on
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December 3 2020 March 23, 2021, and May 20, 2021. The Applicant provided a response to those
comments on April 29, 2021. The Town Engineer has recommended a condition of approval and
conrrrned all other concerns have been satisfactorily addressed.
12.-The Applicant filed a Notice of Intent with the Conservation Commission in,April 29,2021.
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13.:The School Department has reviewed the Project and communicated has no issues at this time.(see email
Jaynes Meaiey dated October 27,2020 .
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k 1 . The Project has been reviewed by the North Andover Fire Department, which con finned there were no
{issues with the Site Plan a presented. (see email fit,Mike eire dated October� ,2020 .
` Public r1Operations . A.11 concerns have
.. 15..the Project has begin reviewed by a Department of Pub�c Works staff
k been addressed of conditioned herein.(see email Tim Willett dated October 2 ,202o and March 11,202 i).
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x 16.'The Project was previewed by the Police Department,which requested adequate sight lines and pang (see
email Lt.D.Lanen dated October 27,2020,March 11,2021,and March 25,202 .
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' 17. The Project was reviewed by the Health Department and all concerns have been address. (see ernail
2021
correspondence B.La Grasse s dated November ,2020, March 11,
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Grdat Pond Road&0 Johnson Street
Map 9 ,Lot 21 &Map 96,Lot 22
Site Plan Review Special permit
Page 4 of
Finally,the Planning Board makes a specific finding that the use is in harmony with the general purpose and
intent of the zoning bylaw, but requires conditions 1n order to be f d in compliance. The Tanning Board
hereby grants are approval to the Applicant provided the following special conditions are met.
18. The"Locus"or `Site"refers to the approximately 14,137 /-s .ft. of land with frontage on Great
Fond Road,as shown on Assessors Map 96,Lot 21 11, 39 sq. ft. and Map 96,Lot 2' 2,398 sq. ft.).
9. The"Plans"refer to the flans entitled"Proposed 3 Unit Condon w' ium 3 Great Pond Road,North
Andover,NM."April 27,2021, and revised to,dune 2.2 21, consisting of C 1 Cover and Index,C2
Existing Conditions, C3 Proposed Site Plan,and C4Detail sheets,prepared by Hayes Engineering,
Inc., 603 Salem Street,Wakefield,MA.o 18 80 and prepared for Lame inbwy, 14 Lynde Street,
Salem,NA 01970.
20. The"Project"refers to the creature reuse and conversion of the Grange Hall in the'01d Center
to three residential units, construction of retaining walls, st r water management and
creation of associated parking spaces. No exterior alterations are proposed. The parcel is
located within the Residential 3 zoning district.
1. The"Applicant"refers to Elaine Finbury,the Applicant for the Site Ilan Review Special Permit, its
successors and assigns.
22. The"'Project Owner's refers to the person or entity holding the fee interest to the title to.the Locus
from tu*ne to time,which can include but is not limited to the Applicant,developer,and:owner.
WAIVERS:
23.;19 -8 140 1 Location Map. A.waiver is requested for scale requirement of 1"=1, 00' as a scale of
l" 4 ' is sufficient to identify at least one intersection.
24. 19 -8.14, 5)Topography. A waiver is requested to the provision of topography 5 -feet beyond the
:parcel boundary.
2 ..198-8.14 i 0 Building Elevation. A.waiver is requested to the provision of a building elevation as no
change to the building faade is proposed.
2 .:19 - .1 1 Landscaping Plan. A.waiver is requested to the provision of a landscaping plan a
proposed plantings are indicated on the site plan.sheet.
2 7..19 - .14 18 Refuse Areas. Refuse will be stored in toter-style containers for curbside pick up. No
duarnptsters are proposed.
28. 19 - .14 18 Lighting Facilities. No additional lighting beyond household fixtures at the doorways
are proposed.
29. 19 -8.14 19)Traffic Study. The project proposed 3 residential units within an existing.historic
building. A'waiver is requested as the proposed traffic increases are nominal.
304-195--8.14 2 Fiscal Impact. A waiver is requested as the building is existing.
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Great Pond Road&o Johnson Street
Map 9 ,Lot 21 &Map 9 ,Lot 22
Site:Plan Review Special permit
Page 5 of 8
. 1 -8.1 2 Community Impact. A waiver is requested as the b ildmng is existing.
PRIOR TO SITEWORK I CONSTRUCTION,and/or ISSUANCE of A BUIELDING PEST
2. This Notice of Deision with Plans attached shall be recorded at the North Essex Registrar of Deeds.
Two(2)copies of the signed and recorded Notice of Decision with Plans attached must.be delivered
o the Planning De:patient.
. The necessary test,pits and estimated seasonal high groundwater table shall be evaluated by a licensed
soil evaluator for c nfrnation that a two 2 foot separation is maintained between the bottom of the
infiltration system,and the seasonal high groundwater and that this information be provided for
review pror to the start of any site work and/or construction.
. A construction schedule shall be submitted to the Planning Department for the poses of tract mpg
the construction and informing the public of anticipated activities -site.
. A signed Illicit Discharge Compliance Statement will be prepared prior to discharging to post-
construction W"s. A signed statement shall be submitted to the Planning Department.
.'The Construction Period Pollution Prevention Plan,the Long-Term Pollution and Prevention Plan and
.the Post-Construction Operation and Maintenance Log shall be signed by the Propel Owner and a
copy of each shaffbe submitted to the Planning Department.
37.The Long-Tenn Pollution Prevention Plan and Post-Construction Operation and Maintenance Plan
(including maintenance of All drainage structures),shall be maintained in perpetuity by a homeowner's
association,with the teams of ownership and maintenance to be documented in the respective deeds for
each residential unit.
. A Performance Guarantee bond In the amount of four thousand dollars $ ,000 shall be posted for
.the purpose of insuring that the Site is constructed in accordance with the approved Plan and that a
.final -built plan is provided.
. he Applicant shall designate an Independent Environmental Monitor who shall be chosen in
consultation with the Planning Department.The monitor will oversee the construction to ensure that
:the Site is built according to the Plan.The monitor shall make inspections of the Project and file
.monthly reports to.the Planning Department throughout the duration of the Project.The frequency of
inspections may be adjusted in coordination with the Town Planner based on the construction phase
and weather conditions.The reports shall detail areas of non-compliance with the approved Plans,and
any corrective actions taken.
o..A pre-constructiofi Site meeting shall be held with the Applicant,contractor,Planning Department
-representative,resentative,and Independent Environmental Monitor.
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3 Grat Pond Road&0 Johnson Street
Map 96,Lot 21 &Map 96,Lot 22
R6,Plan Review Special permit
Page 6 of 8
DURING CONSTRUCTION
41.-The construction q ontractor shall employ all available best-management-practices for the control o
dust, including but not limited to watering,planting,stabilization,track-out shaker plates, and/or
stockpile coverings.
2. Any la rdown area'must be shown on a Ply and reviewed by the Planning Deponent. Stockpiles
must be appropriately stabilized and/or covered.
. It shall be the responsibility of the Applicant to assure that no erosion from the construction Site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public' ways,except
as normally ancillary to off-site construction.Discovery of off-site erosion will be a basis for the
Planmm�g Board to;make a finding that the Project is not in compliance with the approved Plans.In the
:event off-site erosion is discovered as a result of con truction activity,the Planning Board shall give
.the Applicant written notice of any such finding with ten 10 days to provide evidence bf corrective-
action.
44. 1n an effort to reduce noise levels,the Applicant or contractor shall keep in optimum working order,
through regular maintenance,any and all equipment that shall emanate sounds from the structures or
site.
PRIOR TO ISSUANCE of A CERTIFICATE OF OCCUPANCY
4 . The Applicant must submit a lever from the engineer of the Project stating that the landscaping and
Site layout substantially complies with the Plans referenced in this Notice of Decision as endorsed b
the Planning hoard.Alternatively,the Applicant may provide a bond,determined by the Planning
Board,to corer the full amount of the landscaping materials and installation if onditions do
not permit the completion of the landscaping prior to use of the building.
46.-Three to four ' —.10' arborvitaes shall be installed to the rear of 1 —12.Johnson Street to provide
screening of the parking lot. The specific location for installation shall be determined ire the field in
.consultation with the Planning Director.
. :The Planning Department will review the Site;any screening as may be reasonably required by the
Planning Staff will be added at the ProjectOwner's expense.
'PRIOR TO THE:RELEASE OF ALL SECURITY AND ESCROWED FUNDS
. -The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
:Massachusetts that.shows all construction,Site design,including storm water structures and other
.pertinent Site features.One paper copy and one electronic copy(PDT`)skull be submitted to the Town
Planner.If over 1 year has elapsed from the issuance of the Certificate of Occupancy,the Applicant
:must submit a second letter from the Project engineer verifying that the lan scapm g and Site layout
substantially complies with the Plans referenced in this Notice of Decision as endorsed by the
-Planning Board.
4 , ''1''he Planning Board must,by a majority vote,make a finding that the Site is in conformance with the
approved Plan.
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reat Pond Road&0 Johnson Street
map 96,Lot 21&Map 96,Lot 2
Site.Plan Review Special permit
Page 7 of 8
GENES CONDITIONS
o. The provisions of this conditional approval shall apply to and be binding upon the Applicant, its
employees, and all successors and assignsn interest or control..
5 1. Any plants,tree, shrubs,or fencing that have been incorporated into the Plan approved in this Notice
of Decision that die or fall into disrepair must be replaced by the Project Owner in perpetuity.
2..the contractor shall contact Dig Safe at least 72 hours prior to eom ncing any excavation.
. Gas,telephone,cable,and electric utilities shall be installed underground as specif ted by the
respective utility companies.
4.:The hours for construction shall be limited to between 7: o a.m. and :00 p.m. Monday.through
Friday,and between 8:00 a.m. and :00 p.m.on Saturday.interior construction within the structures
once fully enclosed shall be regulated by the Inspector of Buildffigs.
55.'No open burning shall be done except as is pennitted during burning season under the North Andover
Fire Department regulations.
.:Any action taken 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 hoard.
7. This Site Plan Review Special Permit shall be deemed to have lapsed on June 1,2023(two years
from the approval date),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.
8.-Any revisions shall be submitted to the Town Planner for review.If these revisions are deemed
substantial,the Applicant must submit revised clans to the Planning Board for review and approval.
9..The following info'rmation shall be denied part o this decision:
Plans"titled: Proposed 3 Unit Con o nimum 3 Great Pond Road,North Andover,MA.
Prepared for; Lanier Fin burl
14 Lynda Street
Salem,Na 0170
Prepared by: Hayes Engineering,Inc.
Goa Salem Street
Wakefield,MA o 18 80
Scale: 11)=20'
Date: April 21,2021,Revised to June 2,2021
Sheets: C13,C21,C3,
Document Title.Storm water Management Report
Prepared for: Lanier Fin bury
1.4 Lynda Street
Salem,NIA 0 1970
Prepared by: Hayes Engineering,Inc.
603 Salem Street
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Great Pond Road&0 Johnson Street
Map 96,Lot 21 &Map 96,Lot 22
SiW Plan Review Special permit
Page
Wakefield,MA 01880
Date: April 2 1.22 1
CC: Applicant
Project Engineer
Attorney
Building Department
Conservation Department
Department of Public works