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HomeMy WebLinkAboutVERGREEN ASSOCIATES TOWN OF NORTH ANDOVER RECEIVED MASSACHUSETTS I)AIIIEt. LONG iMWuV[ CuLEtryRy``!K!E t µpRTry W jn At7I3oVE •• R 03 CH a t y Any appeal shall be filed within (20)days after the date of filing Of this Notice NOTICE OF DECISION In',the Office of the Town Clerk Date. ° July 24, 1990 . . . . . . . . . . . . . . . . . . . .. . . . . . . Date of Hearing .4v1y.2-1.1. X990 . Petition of . . �F9F� .?�$sgciates . . . . . . . . . . . . . . . . . . ;Premises affected . , zo3. Turnpike.street . _ , ° , , . . _ . . • . Referring to the above petition for a special permit from the requirements of the . . AGnth Andover. RJap. "View. . . . . so as to permit .tha. cvnstructivu,vt .a .1R�5�3. sq. t...fvu .atnrS. atou.to.au.. :... . . . . . . 'eA- Atw*M 13JtA1V-V%K9. . . . . . . ... . . . . . . . . . . . . . . . . . . . .. , .. . . After a public hearing given on the above date, the Planning Board voted , CONDITIONALLY to AFF90n. . . . . . . . .the . . . . . . . .. . . . . . . . . . . . . . . . based upon the following conditions: cc: Director of Public Works Board of Public Works S1gTled � ,(ti Highway Surveyor Y O Building inspector George Pestm, Jr;y, Chairman . . Conservation Commission Board of Health John Simons, Clerk. . . . . . . . . . . Assessors Police Chief John Dr aQgr , , , , , , , Fire Chief Applicant Joseph Mahoney ° . . Engineer, . . . . . . . . . . . . File Robert Ercolini Interested Parties ' ' hlatlRltlg Board OFFICES OF: d ` 4 TOWN Of :120 MaMEOVED BUILDING NORTH ANDOVER Massa lteg('QGa CONSERVATION $ss o HEALTH e°"OBf DIVISION OF (508 ( rYR PLANNING PLANNING & COMMUNITY DEVELOPMENT ; KAREN H.P. NELSON, DIRECTOR July 24, 1990 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re: Site Plan Review 203 Turnpike Street Dear Mr. Long: The North Andover Planning Board held a public hearing on June 7 , 1990, in the Town Hall , Selectmen' s Meeting Room upon the application of Evergreen Realty Trust, 203 Turnpike Street, North Andover, MA, requesting Site Plan approval under Section 8. 3 of the North Andover Zoning Bylaw. The hearing was duly advertised in the North Andover Citizen on May 23 and May 30, 1990 and all parties of interest were duly notified. The meeting was called to order by the Chairman, George Perna, Jr. Also present were Erich Nitzsche and John Draper. John Simons arrived at 8: 27 p.m. Jack Graham was absent. The petitioner seeks site plan approval for the construction of a 18, 583 sq. ft. , four story addition to an existing structure . The premises affected is located at 203 Turnpike Street in a Business-4 (B-4 ) Zoning District. John Simons read the legal notice to open the public hearing. Christian Huntress, Town Planner, went over the concerns raised by the Technical Review Committee . The flow of the parking and the traffic were major concerns. Steve Stapinski, representing Evergreen Associates, for the proposed addition to the existing building. The site is across from Merrimack College and Burger King. Proposed gross floor area is 119, 783 sq. ft. The required amount of parking spaces is 339. 27 , the applicant has 411 spaces at the present time. Elevations of the building were shown to the Board. The existing building is 55 feet high, the proposed is 57 feet. Page 2 : George Perna expressed concerns with the massiveness of the proposed. The Board will visit the site. The buffer area will be viewed at that time. George Perna asked what the zoning was in Andover for the area that abuts the property. Steve Stapinski stated that it was R-1. A brief discussion took place on the parking area. The Board is looking for more green space. Erich Nitzsche asked about the entrance to the property. Steve Stapinski said that the State has been to the owners and at the present time there is no left turn from the site. There will be an easement granted to the State for improvements to Route 114 . At the present time the State is reviewing the curb-cut, which is now 5 feet. Erich Nitzsche asked to see the plans that the State is proposing for Route 114. John Simons asked what type of lighting would be provided. George Perna asked that the lighting along Route 114 be reduced. Steve Stapinski told the Board there was a lighting plan for the site . George Perna asked Christian Huntress, Town Planner, to send a letter to the applicant listing all the concerns of the Board. A landscaping plan was requested by the Board. John Simons asked about the construction schedule of the proposed as it relates to the other tenants. One of the owners stated that he would estimate approximately 7 or 8 months for the construction but would confer with the contractor. A motion was made by Erich Nitzsche to continue the public hearing to June 21, 1990, set up a site visit for Saturday, June 9, 1990 at 9:00 a. m. and direct Christian Huntress, Town Planner to send a letter listing those concerns that the Board had raised. The motion wa seconded by John Simons and voted unanimously by those present. The North Andover Planning Board held a regular meeting on on Thursday evening, June 28, 1990, in the Town Hall, Selectmen' s Meeting Room. The regularly scheduled meeting was for June 21 , 1990 , but due to the lack of a quorum, was rescheduled. The meeting was called to order by the Chairman, George Perna. Also present were John Simons, Clerk, Erich Nitzsche and Jack Graham. John Draper arrived at 8: 43 p.m. John Simons read a letter from Christian Huntress, Town Planner to Stapinski,inski, Merrimack Engineering. A letter was received from Merrimack Engineering in response to the concerns of the Board. A letter was also received from Merrimack College. That letter follows: t Page 3: June 27, 1990 Mr. Christian Huntress Town Planner Town of North Andover 120 Main Street North Andover, MA 01845 Dear Chris: I have had the opportunity to review the plans for the proposed addition to the North Andover Office Park. I see no major impact to Merrimack College and it' s property. However, I would request the following stipulations be imposed by the Planning Board prior to the construction phase. 1 . At the request of Mr. Peter Johnson, Merrimack College will permit the temporary use of a small designated area of our property for construction management or staging during the course of construction. This area would be required to be secured by appropriate fencing and the college would be held harmless for such use. Upon completion of this project, Evergreen Reality, D.B.A. North Andover Office Park would be responsible for regrading, loam and seeding of the designated area. Also, the college would request the existing fence and gate way be replaced to the college ' s specifications. Details regarding the specification are to be agreed upon prior to the start of construction. 2 . Prior to the commencement of work, Evergreen Reality, D. B.A. North Andover Office Park will remove all existing parking areas that are presently on Merrimack College property. During the removal of the parking areas, granite curbing or some other aesthetically pleasing barricade must be installed to stop vehicles from exiting the parking lot over college property. All areas that are presently damaged from traffic exiting from these areas are to be graded, loam and seeded. 3 . Under no conditions will Evergreen Reality. D.A. B. North Andover Office Park be permitted to store or dispose of construction debris, trash or hazardous materials on Merrimack College property and will assume any and all responsibilities of any damages of such improper disposal of the same by its employees or contractors. Should you require any further information regarding the aforementioned stipulations to the construction of the proposed addition to the North Andover Office Park, please don't hesitate to contact my office. Sincerely, Scott A. Cote ' , Associate Director of Physical Plant, Merrimack College Page 4: George Perna asked Christian Huntress if there were any outstanding issues. Steve Stapinski stated that there would be extensive landscaping and that islands have been added. A planting schedule was presented to the Planning Board. Plans have been revised to accommodate those plans which the State has to widen Route 114 in the same area. Peter Johnson, Evergreen Reality, gave the Board a construction schedule. Mr. Johnson stated that an average of 80 cars are parked in the parking area, leaving 125 to 130 vacant spaces. If additional parking is needed, Merrimack College will cooperate. George Perna stated that the Board would review the screening of the property after construction. The Building Inspector will review the site during construction. Erich Nitzsche asked that an As-Built be submitted. A motion was made by Erich Nitzsche to close the public hearing on 203 Turnpike Street, dated April 9, 1990, revised June 1990 and instruct staff to draft a conditional approval of the Site Plan for July 12, 1990. The motion was seconded by John Draper and voted unanimously by the Board. On July 12, 1990 the Planning Board held a regular meeting in the Town Hall, Selectmen ' s Meeting Room. The meeting was called to order by the Chairman, George Perna. Also present were Erich Nitzsche and Joseph Mahoney, Joseph Mahoney is the Board' s newest member, replacing Jack Graham. Due to the lack of a quorum the Board could not hear any of the public hearings or vote on any decisions. Christian Huntress, Town Planner, gave the Board copies of a draft decision, adding to the draft, the concerns of the Division of Public Works. The Board will review the draft and vote on it at the next meeting, July 19, 1990. Due to the lack of a quorum on July 12, 1990, the North Andover Planning held a meeting on Thursday evening, July 19, 1990, in the Town Hall, Selectmen' s meeting Room. The meeting was called to order at approximately 8: 10 p.m. by George Perna, Chairman. Also present were John Draper, Joseph Mahoney and Robert Ercolini. The Chairman asked John Draper to act as clerk, as John Simons was not present until 10:05 p.m. John Draper read a letter of resignation from Erich Nitzsche as a member of the Planning Board, effective immediately. Mr. Draper suggested a letter of thanks be sent to Erich. Robert Ercolini suggested a plaque be order for Erich in recognition for his service to the Town. Page 5: Robert Ercolini has been appointed by the Town Manager to fill the vacancy created by the resignation of Erich Nitzsche. The appointment is effective immediately and will terminate September 30, 1990. Robert Ercolini has been briefed on the application before the Board and files have been made available to him for review. Christian Huntress, Town Planner, asked the Board for comments on the draft decision. A motion was made by John Simons to approve the Site Plan Review for 203 Turnpike Street as written. The motion was seconded by John Draper and voted unanimously by those present. The list of conditions is attached. Sincerely, PLANNING BOARD George erns, Jr. , Chairman CC : Director of Public Works Board of Public Works Highway Surveyor Building Inspector Conservation Commission Board of Health Assessors Police Chief Fire Chief Applicant Engineer File EVERGREEN REALTY TRUST 203 TURNPIKE STREET, NORTH ANDOVER, MA SITE PLAN REVIEW APPROVAL, SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. The Planning Board makes the following findings regarding this Site Plan Review Application as required by section 8.3 of the North Andover Zoning Bylaws: FINDINGS OF FACT: 5 I. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3. The landscaping plan as shown and revised, meets the requirements of section 8.4 of the Zoning Bylaws, with the addition of the following conditions. 4 . The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this proposal 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. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Site Plan Review application before us, the Planning Board hereby grants a approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to a building permit being issued for the applicant shall remove all existing parking areas that are presently on Merrimack College property. Further, granite curbing or other material approved by the Town Planner, shall be installed to prevent vehicles from exiting the parking lot over college property. All areas that are presently damaged from traffic exiting from these areas are to be regraded, loamed and seeded by the applicant. 2. The material used in construction of the proposed addition shall be of the same material used for the existing structure. 3. 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 this approval, shall be replaced by the owner. 4 . Prior to the issuance of a building permit the applicant shall place erosion control measures on site as directed by the Town Planner. 5. All Planning Board Order of Conditions are to be placed upon the recorded final plan, ( Cover Sheet ) prior to Planning Board endorsement and filing with the Registry of Deeds. 6. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 7. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 8. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 9. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 10. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 11. All buildings shall have commercial fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. All fire suppression systems shall be in accordance with the rules and regulations of the NAFD. 12. Prior to a Certificate of Occupancy being issued for any structure, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 13. Prior to a Certificate of Occupancy being issued for the structure, the site shall be reviewed by the Planning Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. 14 . A bond in the amount of $5000.00 shall be posted for the purpose of insuring that a final As-Built plan showing location of all on site utilities, structures, curbcuts, parking spaces and drainage facilities be submitted. This bond shall be in the form of a passbook and shall be f submitted prior to the issuance of a Building Permit. 15. The applicant shall receive all necessary approvals and permits from the State Department of Public Works for access onto Route 114. This approval from MDPW shall be secured prior to the applicant receiving a Building Permit. 16. The proposed sewer connection must comply with MGL C.21, 5.43 and 314 CMR 7.00. 17. Easement plans and documents for the rerouted main sewer must be recorded at the Registry of Deeds prior to connection of sewer service to the proposed building addition. 18. The existing main sewer is 10" V.C. pipe and should be replaced with the same size. 19. The abandoned portion of the existing 10" V.C. sewer must be separated and properly plugged just upstream of the sewer service connection to the existing building. 20. A separate as-built plan and profile of the new sewer installation prepared at 111= 40 ' horizontal scale and 1"=4 ' vertical scale shall be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer connection for the building addition. 21. A sewer connection permit must be obtained from the Division of Public Works for the building addition. The permit will require mitigation of existing infiltration/inflow from the receiving system at a ratio at 4 to 1 or whatever ratio of mitigation is required by the Mass. Department of Environmental Protection at the time of permit application. The basis of the mitigation ratio will be projected sewage flows from the building addition calculated in accordance with 314 CMR 7.00. The mitigation is required because the receiving sewerage system know as the West Side Interceptor has been determined to be over capacity due to infiltration/inflow. The following plans shall be deemed as part of the decision: Plans Entitled: SITE DEVELOPMENT PLAN OF LAND Prepared for: EVERGREEN ASSOCIATES 203 Turnpike street - Suite 408, North Andover, MA 01845 (Tel. 508 682 - 7416) i Prepared by: Merrimack Engineering Services 66 Park Street Andover, Massachusetts 01810 Date: April, 1990. Revised, June 1990. Scale: 1" = 40' Sheets, l through 3 cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File