HomeMy WebLinkAboutDecision - 41 SECOND STREET 1/15/2013 Gk 13555 Pss202 1-2-1607
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NORTHERN ESSEX DISTRICT REGISTRY OF DEEDS
M.Paul rannuccillo. A division of the Secretary of the Commonwealth
ReOter'af Deeds
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Bk 13555 Pg203 #20607
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2013 JAN 16 PM
HORTH
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street This Is to oarury that twenty(20)days
have elapsed from data of decialon,filed
North Andover,-Massachusetts,01845 W111W filing.of%10' 1(D &
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JOYce A.9rAdbh1*-
SITE PLAN REVIEW DECISION Tw Clerk
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: January 15,2013
Date of Hearing: December 18,2012,
January 15, 2013
Date of Decision: January 15,2013
Petition of- Gene Espinola
41 Second Street
North Andover,MA 01845
Premises Affected: 41 Second Street, Assessors Map 30 Lot 35.
Referring to the above petition for a Site Plan Special Permit, from the requirements of the North Andover
Zoning Bylaw,Sections 83, 10.3,and 10.3 1,and M.G.L.c.40A,Sec.9,
So as to allow the construction of a 3-unit residential building with a parking lot containing eight(8)spaces,
The project will include drainage and stormwater management systems, landscaping,and minor grading work
within the Residential-4(R-4)Zoning District.
After a public hearing given on the above date, and upon a motion by R. Rowen and 2nd by D. Kellogg to
APPROVE the Site Plan Special Permit as amended and based upon the following conditions.Vote was 5—
0 in favor of the application.
O%Vohalf of the NortAndover Planning Board
Whard Rowen
Michael Colantom
Dave Kellogg
Lynne Rudnicki
Lora McSherry
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Bk 13555 Pg204 #20607
41 Second Street.
Map 30,Parcel 35
Site Plan Special Permit—3-unit Residential Building and 8-space Parking Lot
The Planning Board herein APPROVES the Site Plan Special Permit to allow the construction of a 3-unit
residential building with a parking lot consisting of eight(8)parking spaces to be located on the side of the
building. The project will include drainage and stormwater management systems, landscaping, and minor
grading work within the Residential-4 (R-4)Zoning District. The project is located at 41 Second St.,North
Andover,Massachusetts,01845,Assessors Map 30,Parcel 35 within the Residential 4(R-4)Zoning District.
The parcel totals approximately 14,005 sq.ft.with frontage on Second St. This Special Permit was requested
by Gene Espinola,434 Broadway,Lawrence,MA 01841. The application was filed with the Planning Board
on or about November 27, 2012. The public hearing on the above referenced application was opened on
December 18,2012,and closed by the North Andover Planning Board on January 15,2013. 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 a conversion of an existing single
family home into a 3-unit residential building, in the Residential-4 (R-4) District. The applicant
applied for and received a Special Permit from the Town of North Andover Zoning Board of Appeals
in order to raze the existing dwelling unit and to construct a new 3-unit building. The ZBA found that
the proposed would be in harmony with the neighborhood and with the general purpose and intent of
the town's Zoning Bylaw. The expansion will include the creation of eight (8) new parking spaces,
most of which will be located on the western side of the building.
2) Based on input received from both the Planning Board and the Planning Board's stormwater
management consultant the applicant is providing for treatment of both volume and flow of
stormwater for the new parking lot, thus complying with Massachusetts Stormwater Standards, as
well as the Planning Board's Site Plan Review standards. Runoff from the new parking area will be
directed towards an underground infiltration system, which will also capture the roof drainage from
the front of the building. A vegetated Swale will be constructed at the eastern side of the building to
capture runoff before it reaches the abutting property.
3) A Homeowner's Association Declaration of Trust will contain all details regarding the maintenance
of the underground infiltration system and the vegetated swale.
4) The use as developed will not adversely affect the neighborhood as the proposed building is in a
residential neighborhood. The parking lot is to be constructed on the western side lot of the parcel,
adjacent to a ROW owned by the North Andover Housing Authority. All plantings and screening
depicted on the approved plans referenced herein shall be maintained in perpetuity over the life of the
project.
5) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a
significant impact on pedestrian safety and vehicular circulation since the new parking area will
minimize on-street parking in the immediate neighborhood.
6) 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
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Bk 13555 Pg205 #20607
41 Second Street.
Map 30,Parcel 35
Site Plan Special Permit—3-unit Residential Building and 8-space Parking Lot
conditions are met:
DEFINITIONS and WAIVERS
1) Permit Definitions:
A) The "Locus" or "Site" refers to the 14,005 sq. ft. parcel of land with land fronting on Second
Street as shown on Assessors Map 30, Parcel 35, and also known as 41 Second Street, North
Andover, Massachusetts.
B) The "Plans" refer to the plans prepared by Andover Consultants inc., I East River Place,
Methuen, Ma 01844 entitled "Site Plan 41 Second Street North Andover, Mass.", dated
November 20, 2012, as most recently revised on December 26,2012, consisting of Sheets I and
2, along with an associated Community and Traffic Impact report dated November 7, 2012,
Landscape Plan dated July 12, 2012, and Drainage Study dated November 20, 2012 in support of
Permit Site Plan.
C) The"Project"refers to the construction of a 3-unit residential building with a parking lot containing
eight (8) spaces. The project will include drainage and stormwater management systems,
landscaping,and minor grading work within the Residential-4(R-4)Zoning District.
D) The"Applicant"refers to Gene Espinola,434 Broadway,Lawrence, MA 01841,the applicant for
the Special Permit, its successors and assigns.
The"Project Owner"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.
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 part of its
application to address all traffic,fiscal,community,and other impacts.
SPECIAL CONDITIONS:
1) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION
A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
B) One certified copy of the recorded decision must be submitted to the Planning Department.
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.
2) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
A) 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
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Bk 13555 Pg206 #20607
41 Second Street.
Map 30,Parcel 35
Site Plan Special Permit—3-unit Residential Building and 8-space Parking Lot
a check made out to the Town of North Andover. This check will then be deposited into an
interest bearing escrow account.
B) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
C) 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.
D) A pre-construction meeting must be held with the developer,their construction employees,Planning
Department,and other applicable departments,to discuss the construction schedule.
3) 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 (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
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.
4) 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. Alternatively,the applicant and/or property
owner may provide a bond, determined by the Planning Board, to cover the full amount of the
landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to the use of the building.
B) All stormwater structures shall be cleaned, in accordance with the approved Stormwater
Operation& Maintenance Plan.
C) The applicant shall provide a copy of the recorded Homeowner's Association Agreement,
containing the Operations and Maintenance Plan that has been approved by Town Counsel and
recorded at the Essex North Registry of Deeds.
4) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) The Planning Staff shall review the site. Any screening as maybe reasonably required by the
Planning Staff will be added at the Project Owner's expense.
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Bk 13555 Pg207 #20607
41 Second Street,
Map 30,Parcel 35
Site Plan Special Permit—3-unit Residential Building and 8-space Parking Lot
B) A final as-built plan showing final topography,the location of all 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. This as-built plan shall be submitted to
the Town Planner for approval and must be provided in paper form as well as in SDF (Standard
Digital File) format. 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.
C) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
5) GENERAL CONDITIONS
A) Any plants,tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved
in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity.
B) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
C) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
D) 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.
E) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
F) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all 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 January 15,2015 (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 site grading and tree clearing
as noted on the Permit Site Plan.
J) The following information shall be deemed part of the decision:
Plan titled: Site Plan 41 Second Street North Andover, Mass.
Prepared for: Gene Espinola
5
Bk 13555 Pgg208 #20607
41 Second Street.
Map 30,Parcel 35
Site Plan Special Permit—3-unit Residential Building and 8-space Parking Lot
434 Broadway
Lawrence,MA 01841
Prepared by: Andover Consultants, Inc
I East River Place
Methuen,MA 01844
Date: Dated November 20,2012,revised on December 26,2012
Sheets: I and 2
Landscape Plan Titled: #41 Second Street Condominiums N.Andover,MA
Prepared for: Gene Espinola
434 Broadway
Lawrence,Ma 01841
Prepared by: Weinmayr/Jay Associates,Inc.
Landscape Architects
Sheet: L-1
Report: Community&Traffic Impact
41 Second Street
North Andover,Ma 01845
Dated: November 7,2012
Report: Drainage Study
41 Second Street
North Andover,Ma,
Dated: November 20,2012
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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Bk 13555 Pg209 #20607
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