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Home My WebLink AboutDecision - 980 OSGOOD STREET 5/3/1995 (2) L 9 —9 x- P�AM1 �6 BQAPO JOYCE aR3AI `- AW / TOWN OF NORTH ANDOVE g�TOTWNCLt'�K i TIURH AND6VER I~ MASSACHUSETTS AY 3 1l 1.) 'g5 Ot NO oTM �H O o + A ` s .4's True Caper Any appeal shall be filed 'SSNCHUSE� within (20) days after the Town Clerk date of filing of this Notice NOTICE OF DECISION in the Office of the Town Clerk. May 3, 1995 Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This I$to cWWy that (20)days, Mar 7, Mar 21, 1995 have e1aP99dNmdWjof49dsIon8bd Date of Hearing witiVW Jr Apr 4•, Apr 18, 1995 Joyce Tbiwi A.CWk May 1, 1995 (� John Ferreira, c/o No. Andover Texaco Corp. Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected ,980 Osgood street Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw - Section 8.3 Site Plan Review so as to allow ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ("�-...` '... After a public hearing given on the above date, the Planning Board voted conditionally .z to approve . . . . . . . . .the . .SPECIAL PFiRMIT•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; e. CC: Director of Public Works Building Inspector based upon the following conditions : Natural Resource/Land Use Planner Eta Uf e� Health Sanitarian Assessors Police Chief Signed .�CiL��• ��c�L.��-tv � Fire Chief Applicant Richard.A.. Nardella, Chairman . , Engineer �° File , . .Joseph Mahoney, Vice Chairman , Interested Parties Richard Rowen: Clerk . . . . . . . . . . , . . . Alison Lescarbeau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Simons 0 � 1 I . . . . . . . .planning B oard. . . . . . . . Town of orth Andover � pORTH Q �ZllD 16. tiO OFFICE OF 3a yt 6 0� COMMUNITY' DEVELOPMENT SERVICES A 146 Main Street ATFD `(y KENNETH R.MAHONY North Andover, Massachusetts 01845 �SSACHUS�� Director (508) 688-9533 May 3, 1995 Ms. Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Site Plan Review North Andover Texaco Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on March 7, 1995 in the Senior Center behind the Town Building, upon the application of John Ferreira c/o North Andover Texaco Corp. , 980 Osgood Street, North Andover, MA, requesting a Special Permit under section 8 .3 (Site Plan Review) of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on February 15 and February 22, 1995 and all parties of interest were duly notified. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. The petitioner was requesting .a special permit to allow the construction of a 64 ' x 40 ' 2560 sq. ft. , 1 1/2 story "Dunkin Donuts" located at the North Andover Texaco Station, Rte. 125, 980 Osgood street in the Business 2 (B2) Zoning District. Mr. Rowen read the legal notice to open the public hearings. Robert Daly, Merrimack Engineering, presented plan and explained that applicant, John Ferreira, wants to attach a 64 , by 40 ' addition to existing gas station. Purpose would be for a drive thru Dunkin Donuts and a small retail outlet. Access would be thru an existing curb cut. Parking would be available in front and rear of building. Hours would be 6 a.m. to 9 p.m. seven days a week. Mr. Nardella suggests that applicant give Ms. Colwell a landscape plan for the next meeting. Also, wants drive thru clearly marked as one way. Will need to widen driveway to 25 feet. May want to relocate dumpster to location of future parking. May 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell e'u need to remove snow, as there seems no place to store it. Motion made by Ms. Lescarbeau, seconded by Mr. Rowen, to continue public hearing to March 21, 1995. The Planning Board held a regular meeting on March 21, 1995. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk. Due to a lack of a quorum, the Planning Board was unable to continue the discussions of this project. The public hearing was continued to April 4, 1995. The Planning Board held a regular meeting on April 4, 1995. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. Ms. Colwell stated that the back parking spaces should be used for employee parking. Mr. Nardella wondered if the building could be reduced by a few feet in order to install sidewalks. Mr. Mahoney has no concerns at all. Mr. Daly presented a landscape plan for the front and sides. Mr. Ferreira stated that Dunkin Donuts will put their sign below the Texaco sign. Ms. Colwell: let the sign bylaw stand. Mr. Nardella directed staff to draft a decision by the 4/18/95 meeting. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the public hearing was closed. The Planning Board held a regular meeting on April 18, 1995. The following members were present: Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. Mr. Mahoney, acting chair, asked the Board members to read over the draft decisions and have comments ready for the May 1st meeting. The Planning Board held a regular meeting on May 1, 1995. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, 'and Alison Lescarbeau. The Planning Board set the bond at $5, 000. The signs 2 are to be consistent with the signs that are there. On a motion by Joseph Mahoney, seconded by Alison Lescarbeau, the Board voted unanimously to approve the special permit for site plan review as amended. Attached are those conditions. Sincerely, North Andover Planning Board /Richard A. Nardella, Chairman 3 gao Osgood Street (North Andover Texaco) Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 2 ,560 square foot addition to the existing Texaco Station in the Business - 2 Zoning District. This Special Permit was requested by John Ferreira, North Andover Texaco, 980 Osgood Street, North Andover, MA 01845 on February 3 , 19995 The Planning Board makes the following findings as required by the Zoning Bylaw Section 8 . 3 and 10.3 : FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is zoned for Business and is an addition to the existing Texaco Station; 2 . The use, as developed, will not adversely affect the neighborhood as the site is currently developed a business location; 3 . There will be no nuisance or serious hazard to vehicles or pedestrians; 4 . The landscaping plan approved as a part of this plan meets the requirements of Section 8 .4 of the Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements; 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 w'ill be provided for the proper operation of the proposed use. 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. Prior to the endorsement of the plans by the Planning Board, the applicant shall adhere to the following: -) A full set of site plans must be submitted to the Town V Planner for review within ninety days of filing the decision with the Town Clerk. W 3 7 . a% fA 13 b. ,I - - i - A bond in the amount of five thousand ($sj000) dollars shall 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 and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. 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 escrow account. c. ) 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. 2. Prior to FORM u verification (Building Permit Issuance) : a. The mylars must be endorsed and three (3) copies of the signed plans must be delivered to the . Planning Department. 0M This decision shall be recorded at the Essex North Registry of Deeds and a recorded copy delivered to the Planning Staff. 3. Prior to verification of the Certificate of occupancy: a. The building must be constructed as presented to the Planning Board and as shown on the following plans: i. Plan titled: Elevations New Addition: North Andover Texaco 980 Osgood Street (Route 125) North Andover, MA Scale: 1/811 = 11 Date: Nov. 1994 Sheet: A-2 Prepared by: John Daly, Associates 26 Shaw Drive Wayland, Massachusetts 01778 ii. Plan titled: Site Plan of Land in North Andover, MA Scale: 201 Date: Sept. 10, 1994 ; rev. 3/16/95, 3/20/95, 3/31/95 Prepared for: John Ferreira 980 Osgood Street North Andover, MA Prepared by: Merrimack Engineering Services 66 Park Street 2 "a ya uar,x� S §u'__ Andover, Massachusetts 01810 b. The landscaping must be planted as shown on the plan presented to the Planning Board prepared by Matthew' s Landscape Co. Inc. C. The six (6) foot stockade fence must be constructed on the retaining wall as shown on the plan. d. All artificial lighting used to illuminate the site shall be approved by the Planning Staff. 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 site shall be reviewed by the Planning Staff. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner' s expense. e. All buildings shall have commercial fire sprinklers installed in accordance with the North Andover Fire Department. f. The site must have received all necessary permits and approvals from the North Andover Board of Health and the Conservation Commission. 4. Pri r to the final release of security: a. The site shall be reviewed by the Planning Staff. Any screening as may be reasonably required by the Planning Staff and/or Tree Warden will be added at the applicant' s expense. b. A final as-built plan showing the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Division of Public Works. 5. The parking spaces at the rear of the addition must be designated for employee parking. This reduce the number of potential conflicts that may occur in the rear parking area. 6. The dumpster shown on the plan must be enclosed entirely by a wooden stockade fence two (2) feet higher than the dumpster. 7. 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 planting shall be replaced by the owner. 8. The contractor shall contact Dig Safe at least 72 hours prior 3 to commencing any excavation. 9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected and maintained during construction with hay bales to prevent siltation into the drain lines. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12 . No underground fuel storage shall be installed except as may rI be allowed by Town Regulations. 13 . All signs must consistent with the signage currently on site " nd must comply with the sign bylaw. 14 . All mechanical devices (ie: HVAC, vents, etc. . . ) which may be visible from any surrounding roadways shall be placed on the rear roof line. 15. 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. 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. This Special Permit approval shall be deemed to have lapsed after M 4Y,�? , j 2,Z- (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. The following information shall be deemed part of the decision: a. Plan titled: New Addition: North Andover Texaco 980 Osgood Street (Route 125) North Andover, MA Scale: 1/8" _ 1 ' Date: Nov. 1994 Prepared by: John Daly, Associates 26 Shaw Drive Wayland, Massachusetts 01778 4 ew `gig e Sheets: A-1 Floor Plan A-2 Elevations A-3 Wall Sections S-1 Foundation Plan - Roof Framing Plan b. Plan titled: Site Plan of Land in North Andover, MA Scale: 1" = 20 ' Date: Sept. 10, 1994 ; rev. 3/16/95, 3/20/95, 3/31/95 Prepared for: John Ferreira 980 Osgood Street North Andover, MA Prepared by: Merrimack Engineering Services 66 Park Street Andover, Massachusetts 01810 cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File Texaco. site 5