HomeMy WebLinkAboutDecision - 1077 OSGOOD STREET 8/31/1990 PUP� 1111111U UUNl1U
TO '6'►TN OF NORTH Ali 17OVER RECr-NEE)
UAS ;SACHUSETTS pAN L L CRY
TC !
0_� ta ER
NaR�
NpRTH �
f (t
• AtIG 1 cJ{
Any appeal shall be filed
within(20)days after the
date of filing of this Notice
In the Office of the Town NOTICE O F DECISION
Clerk.
Date. . august. 31. .1990 . , . . , . .
Date of ,learing . . .lw st, 23,, z990
Petitionof . . .Angus .Realty. Corp: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected .107 . . . . . . . . Street. . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the North•Andover Zoning.By law.� Section,8_3.: ,Site Plan Review. , . . . . . _ , . , .
the�construction�of.a.320'x120' ,,two.story retail-office building
O as to permit
on 5.3 acres on the East side of Great Pond Road and the South side of Osgood Street.
< . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY SITE PLAN REVIEW
toAPPROVE . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CC: Director of Public Works based upon the following conditions :
Highway Surveyor
Board of Public Works
Building Inspector
Conservation Commission
Signed
- Assessors / �•
Police Chief George Perna, Jr. , Chairman
Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicant John Draper
Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
File Joseph Mahoney
Interested Parties . . . . . . • • • • • • . . . . . . . . . . . . . . . . . . . .
Robert Ercolini
. . . . . . . . . . . .
�1'laiitiin�' 13o�ircl
ANGUS REALTY CORP.
BUTCHERBOY MALL
1077 OSGOOD STREET
SPECIAL PERMIT APPROVAL, SECTION 8.3 OF THE NORTH ANDOVER ZONING
BYLAW.
FINDINGS OF FACT:
The Planning Board makes the following findings regarding this
Site Plan Review application as required by section 8. 3 of the
Zoning Bylaws:
1. The proposed use and site design for this lot are
appropriate, due to it's location in Town.
2 . Adequate vehicular and pedestrian access into the surrounding
site has been provided.
3 . The landscaping plan as shown and revised, meets the
requirements of section 8.4 of the Zoning Bylaws.
4. The site drainage system is designed in accordance with the
Town .Bylaw requirements.
5. The applicant has met the requirements of the Town for Site
Plan Review as stated in Section 8. 3 of the Zoning Bylaw.
6. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
Finally, the Planning Board finds that this proposal 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.
Therefore, in order to fully comply with the approval necessary
to construct the facility as specified in the Site Plan Review
application before us, the Planning Board hereby grants a
approval to the applicant provided the following conditions are
met:
CONDITIONS OF APPROVAL:
The Planning Board issued a denial for this project on 5/4/88,
this denial was based on seven points which have been properly
addressed since that time. It is with this understanding that the
planning Board issues this Site Plan Review approval with the
following conditions:
1. The applicant shall prepare and submit a final set of
plans. The final plans shall include the following in one
packet:
a. Plans entitled: SITE PLAN, PROPOSED BUTCHER BOY MALL
ANGUS REALTY CORP, 1077 OSGOOD STREET
NORTH ANDOVER, MA.
Pages Included: SC. C-1 through C-7.
Drawn By: M. Anthony Lally Associates
Dated: May, 1989
Plans entitled: FIRST FLOOR PLAN, ELEVATIONS, SCHEMATIC
PERSPECTIVES.
BUTCHER BOY
Pages Included: A-1, A-3, A-4.
Drawn By: Maclaren Associates, Inc.
Dated: 2/13/87, 2/13/87, 2/2/88 (respectively)
The above referenced plans shall also include all revisions as
noted herein. All plans shall be on 2411 x 361' sheets.
2 . The following information must be submitted to, and approved
by, the Planning Staff prior to the applicant receiving a
Building Permit for either the wall or structure.
a. detailed wall cross sections and Plan describing methods
of excavation and their limits.
b. Comprehensive Wetland Replication Plan as required in the
Order of Conditions issued by the NACC.
c. Landscape planting plan.
d. Construction Sequence and Erosion Control plan.
e. Wetland Flagging shall be check by a representative of
the North Andover Conservation Commission prior to
construction.
3 . The following information must be submitted to the Planning
Staff prior to the applicant receiving a Certificate of
Occupancy for any structure on this site:
a. Progress reports of all work within the wetlands must be
submitted every three months from the date that
construction commences on this site.
4 . All drainage facilities including detention basins, shall be
constructed and erosion controlled prior to the applicant
receiving a Building Permit for the structure. If this is
found to be inappropriate due to phasing of construction
activities, then a bond in the amount of $20, 000 shall be
posted with the Planning Board to ensure proper adherence to
this condition. The bond shall be released upon completion of
all drainage facilities.
5. An as-built plan and profile shall be submitted for review
and approval prior to the final release of the security
required herein. A certified interim as-built verifying that
all utilities have been installed in accordance with the
plans and profile shall be submitted prior to the application
of the binder coat of pavement. In addition, all required
inspection and testing of water, sewer, and drainage
facilities shall be completed prior to binder course paving.
6. All Planning Board Order of Conditions are to be placed upon
the recorded Final Plans, ( Cover Sheet ) prior to
endorsement and filing with the Registry of Deeds.
7 . Throughout all lands, tree cutting shall be kept to a
minimum in order to minimize erosion and preserve the
natural features of the site. Accordingly, the developer in
conjunction with a registered Landscape Architect, shall
submit a tree cutting and reforestation plan consistent with
the provisions of Section 5.8 of the North Andover Zoning
Bylaws, to be approved by the Planning Staff prior to the
applicant receiving a Building Permit for either the wall or
structure. This plan shall explicitly include specific trees
to be retained.
8. The contractor shall contact Dig Safe at least 72 hours
prior 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 with hay
bales to prevent siltation into the drain lines during road
construction.
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
be allowed by Town Regulations.
13 . All buildings shall have commercial fire sprinklers
installed prior to the issuance of the Certificate of
Occupancy, per order NAFD.
14 . Prior to a Certificate of Occupancy being issued for any
structures, this site shall have received all necessary
permits and approvals from the North. Andover Board of
Health.
15. Bonds, in an amount to be determined by the Planning Board,
shall be posted to ensure construction and/or completion of
site screening, erosion control and any other pertinent
public amenities. These bonds shall be in the form of a Tri-
Party Agreement or passbook and shall be posted prior to the
issuance of a building permit for this site.
16 . Prior to a Certificate of Occupancy being issued for any
structures, the site shall be reviewed by the Planning
Board. Any screening as may be reasonably required by the
Planning Board shall be added at the owners expense.
17. Prior to the Building Permit being issued for the structure
and again prior to occupancy of the structure, the applicant
shall receive a written determination from the Conservation
Administrator that all work completed to date under the
Conservation Department's jurisdiction is being
satisfactorily performed and maintained.
18 . Any Plants, Trees or Shrubs that have been incorporated
into the Landscape Plan approved in this decision, that die
within one year from time of planting shall be replaced at
the owners expense.
19. This approval shall lapse unless construction has commenced
within one (1) year from the closing of the appeal period for
the granting of this Site Plan Review application. (the
"commencement date") Further, all construction shall be
completed within two (2) years from the commencement date.
If the applicant can show good cause why construction has not
commenced within the one (1) year period or why construction
has not been completed within the two (2) year period, the
Planning Board, in it's discretion, may extend these time
periods as allowed by M.G.L. Chapter 40A, Section 9. The
time provided herein shall not include such time as required
to pursue or await the determination of an appeal referred to
in M.G.L. Chapter 40A, Section 17.
20. The provisions of this settlement shall apply to and be
binding upon the applicant, it's employees and all successors
and assigns in interest or control.
21. The material to be used in construction of the retaining wall
shall be submitted to and approved by the Planning Staff
prior to the building permit being issued for the
construction of the proposed wall. English ivy shall also be
planted at the base of the wall, the precise spacing of the
individual plantings shall be approved by the Town Planner.
22 . All lighting found within the site shall be down cast and
shall not project into adjacent properties. Planning Board
Staff shall approve lighting details prior to the issuance of
a Permit to Build.
23 . All signs within the project shall be of wood, with uniform
lettering and design. The signs shall in no way be interior
illuminated. (Neon or other means)
Each sign found on the building shall be of the same size and
style. The only exception being the end units, which because
of the architecture will need to have a sign with a square
shape, but the style and material shall remain the same as
the others.
The intent herein is to create a uniform and attractive
appearance.
24. Additional islands are to be placed within the parking area.
These islands are to be properly landscaped with trees and
shrubs as approved by the Town Planner.
25. Prior to the issuance of a Building Permit for the structure,
the applicant shall temporarily tie the existing building
into sewer; and shall remove the existing septic system in
accordance with the rules and regulations of the North
Andover Board of Health.
26. Any mechanical devices (ie: HVAC, vents, etc. . . ) placed on
the roof shall not be visible from any surrounding roadways.
27 . The facade of the proposed structure shall incorporate the
use of clapboard in some manner. The extent and color of the
clapboard shall be approved by the Town Planner prior to the
issuance of a Building Permit for that structure. Color
samples shall be submitted and included in the file.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File