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HomeMy WebLinkAbout20140617 OSGOD PERMIT NORTH ® �'f-ft-ED i"6 46 Q.. -,. - _ ,_p a §'��:� '�M:_�..._ mss°.:.�':.�...a.'_�°.`G ,{" s r- _ ® o� coc,..` n , i, [ ��SSACHUS�� 5 PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover Massachusetts 01845 This is to certify that twenty, have elapsed from date without filing a eal. OSGOD Special Permit DECISION Da a � ) Joyce A.Bradshaw Any appeal shall be filed Town Clerk within (20)days after the date of filing this notice in the office of the Town Clerk. Date: June 17,2014 Hearing Dates: June 3, 2014, June 17, 2014 Decision Date: June 17, 2014 Petition of: Charles Gracy—ACT Theater Company 50 S. Elm Street Bradford,MA 01835 Premises Affected: 1632 Osgood Street Assessors Map 34 Lot 17 The above petition for a Osgood Smart Growth Overlay District (OSGOD) Special Permit according to the requirements of the North Andover Zoning Bylaw, Sections 10.3 and 17.0 and in accordance with the purposes of M.G.L.Chapter 40R. This petition is to allow the conversion of existing space for the use of a perfonning arts center in the Industrial 2 Zoning District and within the Osgood Smart Growth Overlay District. This use is allowed by Special Permit in the Business Opportunity Zone by Plan Approval Special Permit. After a public hearing given on the above date, and upon a motion by R. Rowen and 2nd by D. Kellogg to APPROVE the OSGOD Special Permit,as amended, and based upon the following conditions.The vote was 5-0 in favor of the application. i On behalf of the North Andover Planning Board Richard Rowen Lora McSheny Michael Colantoni Dave Kellogg Lynne Rudnicki AT'T'EST: A True Copy T6va Clerk 1 1632 Osgood Street Map 34,Parcel 17 OSGOOD Special Permit-ACT Theater Co The Planning Board herein APPROVES an OSGOD Special Permit to allow the conversion of existing space for the use of a performing arts center in the Industrial 2 Zoning District and within the Business Opportunity Zone of the Osgood Smart Growth Overlay District. The project is located at 1632 Osgood Street, North Andover, Massachusetts, 01845, Assessors Map 34, Parcel 17. The parcel totals approximately 126 acres with frontage on Osgood Street. This Special Permit was requested by Charles Gracy — ACT Theater Company. The application was filed with the Planning Board on May 1, 2014. The public hearing on the above referenced application was opened on June 3, 2014, with an additional hearing on June 17, 2014, and closed by the North Andover Planning Board on June 17, 2014. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.3 and 17.0 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 10.3 and 17.0: PERMIT DEFINITIONS 1) The"Locus" or"Site"refers to the 125.69 acre parcel of land with land fronting on Osgood Street as shown on Assessors Map 34, Parcel 17, and also known 1632 Osgood Street, North Andover, Massachusetts. 2) The"Plans"refer to the plans prepared by Fishbrook Design Studio, 2 Lawrence Road, Boxford, MA 01921, entitled "ACT Theater 1600 Osgood Street, Building 34, North Andover, 01845.", dated May 2, 2014 consisting of Sheets 1 through 4. 3) The"Project"refers to the conversion of existing space for the use of a performing arts center in the Industrial 2 Zoning District and within the Osgood Smart Growth Overlay District. 4) The "Applicant" refers to Charles Gracy—ACT Theater Company, 50 S. Elm Street, Bradford, MA 01835,the applicant for the Special Permit,its successors and assigns. 5) 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. FINDINGS OF FACT: 1) The specific site is an appropriate location for such use as it is a conversion of existing space for the use of a performing arts center in the Industrial 2 Zoning District and within the Business Oppoi tunity Zone of the Osgood Smart Growth Overlay District. 2) The proposed building is located within a large, existing complex and the proposed use will not create traffic, access, egress,or drainage concerns. 3) The performing arts center will have an occupant load of 249 with non-fixed seating to allow for a variety different types of productions. 4) Because of the unique site the use as developed will not adversely affect the neighborhood. 5) Because of the unique site there will be no nuisance or serious hazard to vehicles or pedestrians. 6) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 7) The use is in harmony with the general purpose and intent of the Zoning Bylaw. 2 1632 Osgood Street Map 34,Parcel 17 OSGOOD Special Permit-ACT Theater Co 8) The Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 17.0, 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) PRIOR TO THE START OF SITE WORD OR CONSTRUCTION A) The Notice of Decision must be recorded by the applicant at the Essex North Registry of Deeds. B) Two(2)copies of the signed,recorded decision must be delivered to the Planning Department. C) If applicable, the developer shall provide the Planning'Board with copies of permits, plans and decisions received from all North Andover land use Boards. D) A crosswalk to access the building from the parking lot and sixty parking spaces (including three handicap spaces)must be lined and striped. E) 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 A CERTIFICATE OF OCCUPANCY A) The applicant must submit a letter from the architect or engineer of the project stating that the building and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. B) The applicant must demonstrate sufficient lighting on building and in parking area. 3) GENERAL CONDITIONS A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. B) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. C) If a dumpster is required once the building is occupied, the owner shall apply to the Board of Health for the appropriate pen-nit. D) 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. E) 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. 3 1632 Osgood Street Map 34,Parcel 17 OSGOOD Special Permit-ACT Theater Co F) 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. G) This Special Permit approval shall be deemed to have lapsed after June 17,2016(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. H) The following information shall be deemed part of the decision: Plan titled: "ACT Theater 1600 Osgood Street,Building 34,North Andover, 01845." Prepared for: Charles Gracy—ACT Theater Company 50 S.Elm Street Bradford,MA 0183 5 Prepared by: Fishbrook Design Studio 2 Lawrence Road B oxford,MA 01921 Scale: 1/8"= 1'0" Date: Dated May 0,2014,last revised on XX Sheets: Title Page,C1.1,A0.0,Al.1 cc: Town Departments Applicant Engineer Abutters Assessor 4 E-88EX NORTH R - �'Y LAWRENCE,MASS, A TRUE COPY;ATTEST; 2 ' REGISTER Or DEE.L 4 4 4 4 4 4 I I I 0 n m� o J J I _ I iI I , a C 7 Mcir—7a—7 a 1= j_ _,Ccq 1=pocaCC C©CCaa mC m culo- pCacGOC� . EQUE OU I s UJUDCUll -C�CCCCO "�CCrQC� � ACC CI CCC � :C�77 n I CCrxjc�C N° l CUICCU — — -�- C— . �-� 0 I y l! 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