HomeMy WebLinkAboutDecision - 49 ORCHARD HILL ROAD 4/15/2005 NORTH
°`•T``° '•'"4 'Town of North Andover i E C E!V E D
Office of the Planning Department 'w T ,!:B ll�A D S K`a"V
*� ,•°* Community Development and Services Divisi6 `�l r
400 Osgood Street
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North Andover,Massachusetts 01845 2005 MitY 21 P 4: O U
Lincoln Daley hiip://www.townofnorthandover.com
Town Planner
P(978)688-9535 NOTICE OF DECISION This is to certify that twenty(20)day:;
F(978)688-9542 have elapsed from date of decision,filed
without filing of an peals
Any appeal shall be filed sate ,
within(20) days after the Town Cle Dra tlshs�w
date of filing this Notice
in the office of the Town
Clerk.
Application filed: April 15, 2005
Date of first hearing: May 17, 2005
Date of Decision: May 17, 2005
Petition of. AAA Merrimack Valley
49 Orchard Hill Road,North Andover, MA 01845
(Please note: see original decision dated April 10, 1998 granting the construction of a one floor 21,600
square foot light manufacturing business office and letter dated July 21, 2004 from the Town Planner
granting a modification to the approved said Site Plan Special Permit to construct 27 additional parking
spaces behind the existing building.)
Premises Affected: 49 Orchard Hill Road,North Andover, MA 01845
Referring to the above petition for a MODIFICATION of a Site Plan Review Special
Permit in order to allow for expansion of the applicant's internal operations by
constructing a 4,300 square foot maintenance/vehicle area with three (3) bay doors, 1,400
square foot stock area, and 1,100 square foot employee office and locker room area.
After a public hearing given on the above date, the Planning Board voted to APPROVE
the Modification of a Site Plan Review Special Permit based upon the following
conditions:
Signed:
Lincoln Daley, Town 411anner
Alberto Angles, Chairman
George White, Vice Chairman
cc: Applicant John Simons
Engineer Richard Nardella
Abutters James Phinney ATTEST:
DPW A True Copy
Building Department
Conservation Department
Health Department
ZBA Town Clerk
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
4. Throughout and During Construction:
a) During construction,the site must be kept clean and swept regularly.
b) Dust mitigation such as site watering and pavement cleaning must be
performed weekly, or as deemed necessary by the Town Planner,
throughout the construction process.
d) In an effort to reduce noise levels, the applicant shall keep in optimum
working order, through regular maintenance, any and all equipment that
shall emanate sounds from the structures or site.
5. Prior to FORM U verification (Building Permit Issuance):
a) The Planning Board must endorse the final site plan mylars and three (3)
copies of the signed plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning
Department.
c) The applicant shall adhere to the following requirements of the North
Andover Fire Department and the North Andover Building Department:
1) All structures must contain a commercial fire sprinkler system. The
plans and hydraulic calculations for each commercial system shall be
submitted for review and approval by the North Andover Fire
Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
6. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the
project stating that the building, signs, landscaping, lighting and site layout
substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
b) The Planning Staff shall approve all artificial lighting used to illuminate
the site. All lighting shall have underground wiring and shall be so
arranged that all direct rays from such lighting falls entirely within the site
and shall be shielded or recessed so as not to shine upon abutting
properties or streets. The Planning Staff shall review the site. Any
changes to the approved lighting plan as may be reasonably required by
the Planning Staff shall be made at the owner's expense. All site lighting
shall provide security for the site and structures. However, it must not
create any glare or project any light onto adjacent residential properties.
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6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 8.3 of the Zoning Bylaw.
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The project will be on town water and sewer.
Finally, the Planning Board finds that this project 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. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1. This approval is based on the fact that area labeled "maintenance" on said plans
will only be used for the purposes of routine maintenance of vehicles and
equipment associated with the business functions of AAA Merrimack Valley and
not utilized as a storage facility or auto-body shop.
2. Prior to the endorsement of the plans by the Planning Board, the applicant
must comply with the following conditions:
a) The final plans must be reviewed and approved by the Town Planner and
subsequently endorsed by the Planning Board. The final plans must be
submitted for review within ninety days of filing the decision with the
Town Clerk.
b) A bond in the amount of$1,000 must be posted for the purpose of insuring
that a final as-built plan showing the location of all on-site utilities,
structures, curb cuts, parking spaces, topography, and drainage facilities is
submitted. The bond is also in place to insure that the site is constructed
in accordance with the approved plan. The form of security must be
acceptable to the Planning Board.
c) Deeds and easements relative to the project must be supplied to the
Planning Staff.
3. Prior to the start of construction:
a) During construction,the site must be kept clean and swept regularly.
b) A 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.
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MODIFICATION for a Site Plan Review - Special Permit
1211 Osgood Street
The Planning Board herein approves the Modifications for a Site Plan Review Special
Permit for the expansion of the applicant's internal operations by constructing a 4,300
square foot maintenance/vehicle area with three (3) bay doors, 1,400 square foot stock
area, and 1,100 square foot employee office and locker room area in the Industrial 1 (I1)
Zoning District. This Modification to the Special Permit was requested by AAA
Merrimack, 49 Orchard Hill Road, North Andover, MA 01845. The application was filed
with the Planning Board on April 15, 2005. The applicant submitted a complete
application which was noticed and reviewed in accordance with Sections 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 located in the
Industrial 1 (I 1) Zoning District and involves the construction of a permitted use
within the Industrial 1 Zone. The North Andover Zoning By-Law Section 4.132
allows business offices, indoor storage, and a maintenance area as an accessory use
(as defined by Section 2.21 — definition of an Accessory Use Structure) within the
Industrial 1 Zoning District.
2. The use as developed will not adversely affect the neighborhood, as the majority of
work will be completed inside the existing footprint of the facility. The work
completed outside includes the removal of curbing at the rear of the building for the
purpose of constructing an access into the maintenance area. The landscaping plan is
based on the approved February 10, 1998 Site Plan and will remain unaffected by the
modification.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant
has demonstrated that the modifications will not impact the traffic flow behind the
building. The applicant has demonstrated that the curb radii for the entrance/egress
driveway is adequate for pedestrian and municipal purposes.
4. The landscaping as previously approved meets the requirements of Section 8.4 as
amended by the Planning Board, of the North Andover Zoning Bylaw. No new
landscaping is being proposed.
5. The site drainage system is designed in accordance with the Town Bylaw
requirements and has been reviewed and approved. The current site drainage plan is
based on the approved February 10, 1998 Site Plan and will remain unaffected by the
modification.
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c) The commercial fire sprinkler systems must be installed in accordance
with referenced standard NFPA 13D and in accordance with 780 CMR,
Chapter 9 of the Massachusetts State Building Code. Certification that the
systems have been installed properly in accordance with the above
referenced regulations must be provided from both the North Andover Fire
Department and the North Andover Building Department to the applicant.
The applicant must then provide this certification to the North Andover
Planning Department.
7. Prior to the final release of security:
a) The Planning Staff shall perform a site visit to review the site for
consistency with the modifications as presented in the plans stated below.
b) A final as-built plan showing final topography, the location of all on- site
utilities, structures, curb cuts, parking spaces and drainage facilities must
be submitted to and reviewed by the Planning Staff and the Division of
Public Works.
8. 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 to minimize any dust problems that may
occur with adjacent properties. Any stock piles to remain for longer than one
week must be fenced off and covered.
9. In an effort to reduce noise levels, the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or site. No mechanical devices (i.e. HVAC, vents,
etc.) which may be visible from any surrounding roadways shall be placed on the
roof.
10.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.
11.The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
12.No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
13.No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
14.Any signage plans must conform to Section 6, Signage and Outdoor lighting
Regulations of the Town of North Andover Zoning Bylaw. In no way is the
applicant to construe that the Planning Board has reviewed and approved the
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signage plans for Zoning Compliance as that is the jurisdiction of the Building
Department.
15. The provisions of this modification approval shall apply to and be binding upon
the applicant, its employees and all successors and assigns in interest or control.
16. 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.
17. Any revisions shall be submitted to the Town Planner for review. If these
revisions are deemed substantial, the applicant must submit revised plans to the
Planning Board for approval.
18.Additional erosion control measures may be required as necessary or as directed
by the owner during construction, such as temporary sedimentation basin, row(s)
of hay bales and/or silt fencing shall be implemented to prevent any adverse
impacts due to weather prior to completion or stabilization of site work
19. This Modification for a Special Permit approval shall be deemed to have lapsed
after May 17, 2007 (two years from the date permit granted) unless substantial
use or construction has commenced. Substantial use or construction will be
determined by a majority vote of the Planning Board.
20. The following information shall be deemed part of the decision:
Plan Titled: "Interior Expansion Plan"
Prepared For: AAA Merrimack Valley
49 Orchard Hill Road,North Andover, MA 01845
Prepared By: Interiors East
One Meetinghouse Drive, Londonderry,NH 03053
Scale: 115=169
Date: March 4, 2005
Plan Titled: "Existing Site Conditions"
Prepared For: AAA Merrimack Valley
49 Orchard Hill Road, North Andover, MA 01845
Prepared By: Interiors East
One Meetinghouse Drive, Londonderry,NH 03053
Scale: 1"=405
Date: March 4, 2005
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