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HomeMy WebLinkAboutDecision - 250 CLARK STREET 5/7/2013 L r Bk 13495 P-01 015856 Space above this line is for Registry use only NORTHERN ESSEX"DISTRICT REGISTRY OF DEEDS M.Paul al'annuccauo, A division of the Secretary of the Commonwealth Regxrtergf Deeds "" . DOCUMENT COVER SHEET For use with documents that do not meet Document forinatting standards This is the first page of the docuamexit-Do not"remove , PRINT OR TYPE DOCUMENT TYPE:—, NUMBER OF PAGES (including cover sheet)�� PROPERTY ADDRESS: INDEXING SHALL BE ABSTRACTED FROM THE DOCUMENT SUBMITTED Bk 13495 Pg2 #15856 taORTFt q Q SSLlo 16 "4 rj t e �o 2013 PIAY 10 A�f 8. 03 •per ex-M.-m`'�• �44rda �SSAC kltls�� PLANNING DEPARTMENT MASSrI. Community Development Division 1600 Osgood Street North Andover,Massachusetts,01845 This is to oarsfy that twenty(20)days have elapsed from date of deoldon,fated without filing of an appeal. SITE PLAN REVIEW DECISION Dated . Any appeal;shall be filed JoY03 A. dahaw within(20)days after the sown Clerk date of tiling this notice in the office of the Town Clerk. Date: May 7,2013 Date of Hearing: April 2,2013,April 16, 2013,May 7,2013 Date of Decision: May 7,2013 Petition of Flight Landata,Inc. 250 Clark Street North Andover,MA 01845 Premises Affected: 250 Clark Street Assessors Map 75 Lot F Referring to the above petition for a Site Plan Special Permit, from the requirements of the North Andover Zoning Bylaw,Sections 8.3, 10.3,and 103 1,and M.G.L.e.40A,Sec.9. So as to allow the expansion of an existing building from 9,525 sq. ft. to a total of 19,005 sq. ft., to provide additional office and R&D space as well as hanger space with expanded parking from 14 to 38 spaces, associated landscaping, installation of a larger septic system, stormwater management and installation of utilities in the Industrial 2(I-2)Zoning District. After a public hearing given on the above date,and upon a motion by R. Rowen and 2"d by M. Colantoni to APPROVE the Site Plan Special Permit as amended and based upon the following conditions.The vote was 6–4 in favor of the application. Ojfbehalf of the No Xi Andover Planning Board John Simons,Chairman Richard Rowen Lora McSherry Michael Colantoni Dave Kellogg Lynne Rudnicki —Tr,ptee Copy' Bk 13495 Pg3 #15856 250 Clark Road. Map 75,Parcel F Site Plan Special Permit—Expansion of Existing Industrial Building The Planning Board herein APPROVES a Site Plan Review Special Permit for the expansion of an existing building from 9,525 sq,ft.to a total of 19,005 sq.ft.,to provide additional office and R&D space as well as hanger space with expanded parking from 14 to 38 spaces,associated landscaping,installation of a larger septic system,stormwater management and installation of utilities in the Industrial 2(1-2)Zoning District. The project is located at 250 Clark Street,North Andover,Massachusetts 01845,Assessors Map 75,Parcel F within the Industrial 2(1-2)Zoning District.The parcel totals approximately 74,122 sq.fr.of leasehold area with frontage on Clark Street. This Special Permit was requested by FIight Landata Inc.,250 Clark Street, North Andover,MA 01845. The application was filed with the Planning Board on or about February 15, 2013. The public hearing on the above referenced application was opened on April 2,2013,with additional hearings on April 16,2013,and closed by the North Andover Planning Board on May 7,2013. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 8.3, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A,Sec.9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is the expansion of an existing use and structure and will include provisions for the expansion of parking, improvements to the stormwater system that will improve the drainage on the lot,as well as an expansion of the septic system. 2) Based on input received from both the Planning Board, the Planning Board's consultants, the applicant has provided sufficient stonnwater management facilities to mitigate flow of stormwater by providing two (2) Bio-filters with stone spillways to treat stormwater runoff from the parking area and the addition. Roof runoff will be captured by deep stone-filled trench located at the southern edge of the addition.This design will mitigate the flow of stormwater from the new parking areas and the addition,thus complying with the Planning Board's Site Plan Review standards. 3) Having received approval of the Septic Design Plan dated April 18, 2013 the project is in compliance with all Board of Health Department Regulations. 4) The site has sufficient space for parking and traffic circulation. The proposed warehouse and office use requires 27 spaces, according to the Town's Zoning Bylaw section 8.1 Off-Site Parking and the proposal includes 38 spaces. Because of its location at the Lawrence Airport,there will be no parking or traffic circulation impacts on surrounding neighborhoods. 5) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8,3.5, 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: 1) Permit Definitions: A) The "Locus" or "Site" refers to the 74,122 sq. ft. parcel with land fronting on Clark Street as shown on Assessors Map 75, Parcel F, and also known as 250 Clark Street, North Andover, Massachusetts. 2 Bk 13495 Pg4 #15856 254 Clark Road. Map 75,Parcel F Site Plan Special Permit—Expansion of Existing Industrial Building B) The"Plans" refer to the plans prepared by Williams & Sparages, 191 South Main Street, Suite 103, Middleton, MA 01949 entitled "Layout Plan in North Andover, Mass", dated February 7, 2013,as most recently revised on May 6,2013 consisting of Sheets I through 4_ C) The"Project" refers to the expansion of an existing building from 9,525 sq. ft. to a total of 19,005 sq. ft.,to provide additional office and R&D space as well as hanger space with expanded parking from 14 to 38 spaces, associated landscaping, installation of a Iarger septic system, stormwater management and installation of utilities in the Industrial 2 (1-2) Zoning District. D) The"Applicant"refers to Flight Landata, Inc., 250 Clark Street, North Andover, MA 01 845,the applicant for the Special Permit,its successors and assigns. E) The"Project Ownee'refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant, developer,and owner. 1 2) Waivers: The Applicant has requested waivers from the following provisions of the Town of North Andover Zoning Bylaw, including Section 8.3.5.e (xix)—Traffic Study, (xxii)— Fiscal impact, and (xxiii) — Community Impact. As part of this decision, the Planning Board has granted the above waivers, in that it has found that the Applicant has provided sufficient information as pant of its application to address all traffic,fiscal,community,and other impacts. 3) PRIOR TO ENDORSEMENT OF PLANS A) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover land use Boards, 4) PRIOR TO THE START OF SITE WORK OR CONS'T'RUCTION A) Three(3)copies of the signed, recorded decision and the recorded plans must be delivered to the Planning Department. B) The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four(4) hours notice to inspect the site with the Planning Board staff. C) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. D) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of insuring that the site is constructed in accordance with the approved plan and that a final as-built plan is provided,showing the location of all on-site structures. This bond shall 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 bond account. E) All stormwater management best practices shall be maintained as specified in the Stonnwater Operations and Maintenance Plan that was submitted with the on February 7, 2013, revised March 26,2013 and April 9,2013,titled"Operations and Maintenance Plan 250 Clark Street". F) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. These measures must include erosion control to protect all existing and proposed catch basins and oil traps on the site or on the streets adjacent to the project. 3 Bk 13495 Pg5 #15856 250 Clark Road, Map 75,Parcel F Site Plan Special Permit—Expansion of Existing Industrial Building G) Yellow"Caution"tape must be,placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. All existing trees that will remain in the landscaped area are to be marked prior to the pre-construction meeting. H) A pre-construction meeting must be held with the developer,their construction employees,Planning Department and other applicable departments,to discuss scheduling of inspections to be conducted on the project and the construction schedule. S) DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (din`, 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 and fenced off to minimize any dust problems that may occur with adjacent properties. C) It shall be the responsibility of the developer 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. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however,that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. 6) PRIOR TO A CERTIFICATE OF OCCUPANCY A) The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. B) All stormwater structures shall be cleaned, in accordance with the approved Operation & Maintenance Plan. 7) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography,the location of al I on-site utilities,structures,curb cuts, parking spaces and drainage facilities, including invert elevations of all stormwater structures, must be submitted to the Planning Department.The as-built must be provided in paper form as well as in SDF (Standard Digital File) format. The as-built shall also provide a calculation showing the increase in impervious area.The applicant must also submit a letter from the architect and engineer of the project stating that the building, landscaping,lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4 Bk 13495 Pg6 #15856 250 Clark Road. Map 75,Parcel F Site Plan Special Permit—Expansion of Existing industrial Building C) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 8)GENERAL CONDITIONS A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. B) Gas, Telephoner Cable and Electric utilities shall be installed underground as specified by the respective utility companies. C) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through . Friday and between 8:00 a.m,and 5:00 p.m.on Saturday. D) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. E) If a dumpster is required once the building is occupied, the owner shall apply to the Board of Health for the appropriate permit. The location of the dumpster must be approved by the Planning Office. F) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and al successors and assigns in interest or control. G) 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. H) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. 1) This Special Permit approval shall be deemed to have lapsed after May 7,2015(two years from the date permit 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. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun any site grading or tree clearing. J) The following information shall be deeined part of the decision: Plan titled: Layout Plan in North Andover,Ma Prepared for: Flight Landata,Inc. 250 Clark Street North Andover,MA 01845 Prepared by: Williams&Sparages Suite 103 191 South Main Street Middleton,Ma 01949 Scale: 1"=20' Date: February 7, 2013, last revised on May 6,2013, Sheets: I through 4 5 I Bk, 13495 Pg7 #15856 250 Clark Road. Map 75,Parcel F Site Plan Special Permit—Expansion of Existing Industrial Building Architectural Plans: Prepared by: David Barsky-Architect 477 Concord Ave Cambridge,Ma 02138 Date: November 2012 Sheets: A.01-A.07 Stormwater Report: 250 Clark Street Dated: February 7,2013,last revised March 26,2013 Operations and Maintenance Plan"250 Clark Road" Dated: February 7,2013,March 26,2013 and April 9,2013 cc: Town Departments Applicant Engineer Abutters Assessor 6