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HomeMy WebLinkAboutDecision - 1077 OSGOOD STREET 1/16/2008 B k 11063 P--:v 2l g 3 13 02-12-2008 & 03 : 46P COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO.NOT REMOVE �1J 00dJ 1 nJN_ C GRANTOR h�zb GRANTEE ADDRESS OF PROPERTY CITY/TOWN TYPE OF DOCUMENT MLC ASSIGNMENT TYPE DEED 6D MORTGAGE NOTICE TYPE DISCHARGE SUBORDINATION AFFIDAVIT CERT TYPE DEC OF HOMESTEAD UCC TYPE DEC OF TRUST OTHER DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com NORTH afts�°° "tio Town of North Andover : = p Office of the Planning Departffi Division of Community Development. °R,r.o.Pp��y 1600 Osgood Street ti up North Andover, Massachusetts 0184%A`-i S',� - NOTICE OF DECISION This is to certify that twenty(20)days have elapsed from date of decision,filed without filing of an�appeal. Any appeal shall be filed oycBradshaw oJoyce �d� within (20) days after the Town Clerk date of filing this notice in the office of the Town Clerk. Date: January 16, 2008 Date of Hearing(s): January 15, 2008 Date of Decision: January 15, 2008 Petition of: Angus Realty Corporation, 1077 Osgood Street,North Andover, MA 01845 Premises Affected: 1077 Osgood Street,North Andover, MA 01845 within the General Business Zoning District, Assessors Map 35, Lot 27. Referring to the above petition for a Modification to the Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to: delete the language contained within Special Conditions 4) in it entirety from the July 17, 2007 Site Plan Special Permit for the construction of a sixty (60) space parking lot, installation of an underground storm water management and drainage system, minor roadway improvements to the main access way, site lighting, associated grading, extensive landscape work and replace said language of Special Conditions 4) with the word"Deleted". After a public hearing given on the above date, the Planning Board voted to APPROVE the Modification of the Site Plan Special Permit based upon the following conditions: North Andover Pl ning Board Richard Nardella, Chairman John Simons, Vice Chairman Richard Rowen Tim Seibert ATTEST; Jennifer Kusek A True Copy 6' yl.AA.r Town Clerk 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 On July 17, 2007 upon a motion made by John Simons and seconded by Jennifer Kusek,the Planning Board herein APPROVED the Site Plan Special Permit for the construction of a sixty(60) space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way, site lighting,associated grading, extensive landscape work and other improvements shown on the"Plans"as defined below. The project lies in the General Business Zoning District and is located on real property shown on the North Andover Assessors Map 35, Parcel 27 and consists of approximately 320,080 s.f. (7.348 acres) of land with frontage on Osgood Street and Great Pond Road. The Special Permit was requested by the Applicant,Angus Realty Corporation, 1077 Osgood Street,North Andover, MA 01845. This application was filed with the Planning Board on March 26, 2007. 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 Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,the Board's peer review consultants,and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: I) The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of a sixty (60) space parking lot. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. 2) There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that (1)the proposed access and egress point from Osgood Street will not significantly increase traffic flow or volumes and (2) the parking lot design provides for adequate traffic flow, safety, and sufficient pedestrian connections within the site. 3) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw, 4) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB). Refer to letter dated June 14, 2007 from VHB. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. 5) An Emergency Response Plan has been incorporated as part of this decision. 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of 2 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project has been reviewed by the Division of Public Works and the outside consulting engineer, Vanasse, Hangen Brustlin,Inc. 8) The applicant shall comply with the terms and conditions referenced in this Special Permit, the August 31, 1989 Site Plan Special Permit, and the Site Plan Special Permit Modification granted on September 27, 1991. 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, 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) Permit Definitions: A) The"Locus" refers to the 320,080 s.f. (7.348 acres) parcel of land with land fronting on Osgood Street as shown on Assessors Map 35,lot 27, and also known as 1077 Osgood Street,North Andover,Massachusetts. 13) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30, 2007, revised 5/22/07, 5/24/07, and 7/5/07 entitled"Butcher Boy Marketplace, 1077 Osgood Street,North Andover, Massachusetts 01845"and consisting of sheets CI —C7,E1 —E2, LTG Cale,and Ll (revised 7/5/07). C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60) space parking lot, installation of an underground storm water management and drainage system,minor roadway improvements to the main access way, site lighting, associated grading, extensive landscape work and other improvements shown on the"Plans" as defined above. D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit. E) 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) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file reports on the 4t" Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and all actions taken to resolve these issues. As part of the monthly submissions,the Environmental Monitor will submit all environmental monitoring reports provided to Conservation Commission as part of their Order of Conditions. The designated monitor may not be applicant and/or developer. 3) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four(4) 3 1077 Osgood Street, Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file reports on the 4"' Monday of each month to the Planning Department throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. 4) Deleted 5) 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 DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days. Failing submission of required final plans within 90 days will render this Special Permit null and void. B) If applicable, the applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for construction of the site to the Planning Department. 6) Prior to the start of construction: A) 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. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other 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. D) 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. E) A pre-construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, and Conservation Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. Should the Town Planner find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning Board, the developer is required to present the changes through a public hearing to the Planning Board for a modification to site plan approval. G) A site opening/erosion control bond shall be in the total amount of five thousand dollars ($5,000.00) for the purpose of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained 4 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15, 2008 herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. Upon fulfilling the requirements under said bond,the said bond amount will be rolled over to Condition 6(H). H) A bond in the amount of ten thousand dollars ($10,000) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, parking spaces, topography, and drainage facilities are submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond should be in the form acceptable to the Town and made payable to the Town of North Andover escrow account. I) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of covering any contingencies or emergency situations that may degrade or impact the quality of the Town's drinking water supply, Lake Cochichewick. The Guarantee shall be in the form of a bond acceptable to the Town made payable to the Town of North Andover escrow account and will be held in perpetuity. Should the property be sold or transferred, the Planning Department will require that a bond be posted by the new owner and to be held in perpetuity. Said bond will only be utilized for the purposes stated above. 7) Prior to the issuance of a Building Permit: 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) To ensure the continued protection of the health and welfare of the residents of North Andover and lessen the probability and possibility of contamination and incident to the Town's primary source of drinking, the applicant shall be required to submit to the Planning Department a comprehensive Emergency Response Plan and Maintenance Procedures. The Planning Board shall review and approve said plan. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. Failing submission of required Emergency Response Plan within 90 days will render this Special Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be distributed to the Town's Fire Department, Police Department, Planning Department, and the project site where the document(s) will be kept on file and easily accessible in case of an emergency. 8) During construction: A) Dust mitigation and roadway cleaning must be performed weekly or more frequently as directed by the Town Planner throughout the construction process; especially at the corner of the intersection where any new projects are being constructed. B) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material, etc.) and must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site away from the Lake Cochichewick. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochicbewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. 5 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site D) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 9) Prior to the issuance of a 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. 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 anticipated occupancy. 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. C) Emergency Response Plan to be filed and posted in obvious location such as Fire Department,Police n. n7___. _"epa..ti Department and Planning uG}�ai�ment. 10) Prior to the final release of all security and escrowed funds: A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography,the location of all on-site utilities, structures, curb cuts, parking spaces, and drainage structures and facilities must be submitted to the Planning Department. The applicant must submit a letter from the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 11) General conditions: A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) If applicable, tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. C) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible,but must be trucked off site whenever snow exceeds on-site storage capacity. 6 1 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 D) Should the Project Owner transfer ownership of the project and/or property, the buyer shall meet with the Planning Board to provide an update on the status of the project. E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. G) 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. H) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 1) No underground fuel storage shall be installed. J) 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. K) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maintenance testing and inspection. L) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the parking lot, as presented to the Planning Board, may be subject to modification by the Planning Board. M) Depending on the allowed uses, the Planning Board reserves the right to modify the form and frequency of maintenance testing and inspection to ensure the continued protection of Lake Cochichewick. N) 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. 0) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit (July 17, 2007), 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. P) The applicant must comply with the conditions set forth in the Watershed Special Permit approved on July 17, 2007 related to this project. Q) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1. Plan titled: Butcher Boy Marketplace 1077 Osgood Street North Andover, MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering, Inc. 7 1077 Osgood Street,Map 35 Lot 27 Modification to the Site Plan Special Permit—Construction of Parking Lot January 15,2008 199 Newbury Street, Suite 1 l 5 Danvers,MA 01923 �� ' { � Scale: l =40' and I"=30' Date: April 2007, Revised 4/30/07, 5/24/07 Sheets: C1 —C7,E —E2, LTG Calc, and L (revised 7/5/07) Report titled: Responses to Comments Proposed Parking Lot Expansion 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover, MA Prepared by: Lynnfield Engineering, Inc. 199 Newbury Street, Suite 1 l 5 Danvers,MA 01923 Date: May 25,2007 Attachments: Figures Attachment l —Emergency Response Plan Attachment 2—Stormwater Analysis and Calculations Attachment 3—Inspection and Maintenance Plan cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 8