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HomeMy WebLinkAboutDecision - 163 MAIN STREET 1/22/2007 B Ut 10629 P:9275 _�W_4111_ 1__r 02-13-2007 a 02 a 2 i� 11 CEIVED f NORTH T0W11' r RIK'S 0r FIS'E o < ti Town of North Andover Office of the Planning Department 2001 JAN 22 Pty 4: 10 ' * Community Development and Services Division 1600 Osgood Street NORTH"1i 4F N D r � .JVF'�R SACHUSE North Andover, Massachusetts 01845 MA S S ra L,H U.SE T_- NOTICE OF DECISION This Is to certify tHk 4enty(20)days V have elapsed from d6te of decision,filed Any appeal shall be filed without filing of an appeal. within 20 days after_the Date f�,B� ha ( � 3' Joyce A,Bradshaw date of filing this notice in Town Clerk the office of the Town Clerk. Date: January 22, 2007 Date of Hearing: November 7, 2006, December 19, 2006, January 16, 2007. Date of Decision: January 16, 2007 Petition of: Michael Foster and Stephen Sullivan 9 Waverley Road,North Andover, MA 01845 Premises Affected: 163 Main Street,North Andover, MA 01845, within the General Business Zoning District, Map 30, Lot 10. Referring to the above petition for a 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 allow: the construction of a two-story, 3,504 gross square foot office building, 12 parking spaces, installation of drainage and storm water management system, limited grading work, and landscaping within the General Business District(GB). After a public hearing given on the above date,--the Planning Board-voted to APPROVE A SITE PLAN SPECIAL PERMIT based upon the following conditions: orth Ando er Planni g Board Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Rowen Jennifer Kusek cc: Town Departments Applicant Engineer Abutters ATTEST: A True Copy .a 4a Town Clerk, 163 Main Street Street,Map 30 Lot 10 `Site Plan Special Permit-Construction of two-story office building. January 17,2006 The Planning Board herein APPROVES the Site Plan Special Permit to construct a 3,504 gross square foot, two-story office building, 12 parking spaces, installation of drainage and storm water management system and limited grading work. The office building and 12 space parking lot are located a 163 Main Street, Assessor's Map 30, Parcel 10 in the General Business (GB) Zoning District. The parcel is comprised of approximately 11,772 s.f with frontage on Main Street. This Special Permit was requested by Michael Foster and Stephen Sullivan, 9 Waverley Road, North Andover MA 01845. The application was filed with the Planning Board on October 5, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 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 General Business Zoning District and involves the construction of a two-story office building, 12-space parking lot,and substantial Iandscape work. Further,the project provides services that will expand the economic base within the downtown area and improves the character and integrity of the neighborhood. 2) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal improves pedestrian safety and vehicular circulation within the site. The number of vehicle trips from this site will be negligible. Given the scope and size of the project,there will be no significant increase in the amount of traffic entering/leaving the site on to Main Street. 3) The landscaping and lighting plans approved as part of this plan meet the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw. The lighting plan consists of shielded downcast lighting that has been arranged to provide adequate safety for the business and shall not impact abutting properties or Main Street. The landscaping has been placed so as to enhance the appearance along the frontage of Main Street and the abutting properties. With the exception of the plantings stipulated in the agreement between the applicants and the Sturbridge Arms Condominium Association along the southern boundary of the parcel, all plantings and screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of the project 4) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 5) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The new office building will be serviced by town water and sewer. The Division of Public Works, and the outside consulting engineer, Vanasse, Hagen Brustlin, Inc, have reviewed the application, utilities,and drainage and storm water management plan and deemed them to be adequate. 6) On November 27, 2006, the ZBA granted a Special Permit for Section 9, Paragraph(s) 9.1 & 9.2 of the Zoning Bylaw in order to raze a pre-existing, non-conforming structure and re-build within the existing front and side setbacks on a pre-existing,non-conforming lot with the following conditions: 1. The applicant shall apply to the North Andover Planning Board for a Site Plan Special Permit, 2. The applicant shall provide a landscape buffer planting along the right side lot line in order to screen the ground floor units of Sturbridge Arms 173 Main Street,along with the 6' white vinyl fence and landscape buffer planting along the left lot line in order to screen 159 and 161 Main Street. 2 A 163 Main Street Street,Map 30 Lot 10 'Site Plan Special Permit—Construction of two-story office building. January 17,2006 Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3.5, 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: Permit Definitions: i) The"Locus"refers to the 11,772 sq. ft. parcel of land with land fronting on Main Street as shown on Assessors Map 30, Lot 10, and also known as 163 Main Street, North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830, entitled "Site Plan for Proposed Office Building at 163 Main Street in North Andover, MASS.and consisting 1 sheet. iii) The"Project"or"163 Main Street"refers to the construction of a 3,504 gross square foot, two- story office building, 12 parking spaces, installation of drainage and storm water management system and limited grading work. iv) The "Applicant" refers to Michael Foster and Stephen Sullivan, the applicants for the Special Permit. v) 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. 1) 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. 2) The applicant shall designate an independent construction monitor who shall be chosen in consultatfon with the Planning Department. The construction monitor must be-available upon four(4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 3) 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 of filing the decision with the Town Clerk. B) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the 3 163 Main Street Street,Map 30 Lot 10 Site Plan Special Permit-Construction of two-story office building. January 17,2006 Department of Public Works for review and approval. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. 4) 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 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 and Building Department to discuss scheduling of inspections to be conducted on the project and the construction schedule. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. G) A bond in the amount of Four Thousand ($4,000.00)Dollars shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. 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. 5) 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. 6)DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) 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 and fenced off to minimize any dust problems that may occur with adjacent properties. 4 163 Main Street Street,Map 30 Lot 10 'Site Plan Special Permit—Construction of two-story office building. January 17,2006 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. 7) 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, 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, detern fined 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 the use of the parking area 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. 8) 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 clan showing final topography,the location cif all on-site-utilities,stn3��res�curb cuts,parking spaces and drainage facilities must be submitted to the Planning Department. 9)GENERAL CONDITIONS A) Any plants,tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity. B) Snow removal may be stored on the designated storages areas located on the western portion of the property to the extent possible, but shall be trucked off site whenever snow exceeds onsite storage capacity. C) There shall be no dumpsters or outside storage of materials/refuse on site. All materials/refuse to be stored inside of the building. D) All exterior lighting on site shall be turned off by 6:00 p.m. 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. 5 163 Main Street Street,Map 30 Lot 10 'Site Plan Special Permit—Construction of two-story office building. January 17,2006 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 except as may be allowed by Town Regulations. 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) 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. L) 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. M) This Special Permit approval shall be deemed to have lapsed two years after the January 16,2007 granting of this special permit, 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 renovation of the existing structures. N) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Plan for Proposed Office Building at 163 Main Street in North Andover,Mass. Prepared for: Michael Foster and Stephen Sullivan 9 Waverley Road North Andover,MA 01 845 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Scale: Date: September 27,2006,Revised 11/16/06, 12111/06, I/1/07 Sheets: Sheet 1 2) Plot Plan titled: Plan of Land in North Andover,MA owned by Michael J.Foster and Stephen M. Sullivan Prepared for: Michael J.Foster and Stephen M. Sullivan 9 Waverley Road North Andover,MA 01845 Prepared by: Scott Giles 50 Deer Meadow Road North Andover,Mass. Scale. 1"=20' Date: 9/8/06,9/11/06, 9/13/06,9/28/06 Sheets: Sheet 1 3) Building Elevations: 6 163 Main Street Street,Map 30 Lot 10 Bite Plan Special Permit—Construction of two-story office building. January 17,2006 i; C C I V E D Special Permit Plan as drawn for 70V� ' CUERK,'S Or"TIC Stephen Sullivan&Michael Foster 2001 JAN 22 PM 4< 10 163 Main Street in North Andover,Mass. Prepared for: Michael Foster and Stephen Sullivan 163 Main Street J `1i C O',E_ North Andover MA 01845 M ART N /�'i S �`r_s°: Prepared by: Ronald Henry Albert MASS,a C I is SETT S 202 Mill Street Haverhill,MA 01830 Scale: 1/8"= 1' Date: September 14,2006 Sheets: A— 1 through A—4 7