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HomeMy WebLinkAboutDecision - 1003 OSGOOD STREET 5/17/2005 NOFTN ;`' Town of North Andover "°� " Office of the Planning Department - Community Development and Services Division $e . 400 Osgood Street �+s`sC� North Andover,Massachusetts 01845 Lincoln Daley htty.Jlwww.townofnorthandover.com p (978)688-9535 Town Planner F (978)688-9542 NOTICE OF DECISION r r, Any appeal shall be filed _D -r—>C within(20)days after the date of filing this Notice 77 J' ;J in the office of the Town Clerk. cn Date: May 17, 2005 Date of Hearings: March 25 thru May 3, 2005 Petition of: Thomas Properties LLC 231 Sutton Street, North Andover,MA 01845 Premises Affected: 1003 Osgood Street,North Andover,MA 01845 Referring to the above petition with provision of M.G.L.,Chapter 40A, Section 10.3, Section 8.3 for a Modification for a Site Plan Review Special Permit and for a Modification for a Watershed Special Permit to a previous decision dated January 12, 2004. So as to allow for the removal of the Youth Soccer field out of this zone leaving the field in its natural state. Property is located within the B-2 zoning district. At a public hearing given on the above date,the Planning Board voted to APPROVE a Modification to a Site Plan Review Special Permit, upon a motion made by Richard Nardella and Yd by John Simons with language as amended,vote was unanamous 5-0.- At a public hearing given on the above date,the Planning Board voted to APPROVE a Modification to a Watershed Special Permit,upon a motion made by George White and 2"d by Richard Nardella with language as amended, vote was unanamous 5-0. Signed: Lincoln Daley,To fanner cc: Applicant Engineer Abutters Town Departments BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688.9530 HEALTH 688.9540 PLANNING 688.9535 � 1/ RECEIVED .%CYCE BRADSHAW 1003 Osgood Street ',''�'�� CL E R Site Plan Review-Special Permit Modification The Planning Board hereby approves the Special Permit/Site Plan Review modific4ww fir'W%nJPati0ns and expansion of an existing structures at 1003 Osgood Street,as shown on Assessors Map 35, Lot 50. The modification effectively removes General Condition C of the site plan special permit requiring the owner of said property to construct a youth soccer field in the existing open field and enter into a contractual arrangement with the Town. In lieu of the youth soccer field,the applicant would provide an in- kind contribution in the amount of$25,000 to the North Andover Youth Services for the purpose of improving and restoring current athletic fields in Town.The renovated structures will accommodate 13,000 square feet(+/-)of office space and four(4)renovated residential apartments for a total building size of 17,843 square feet. Thomas Properties LLC, 231 Sutton Street,North Andover, MA 01845,requested this Special Permit/Site Plan Review on May 3,2005. 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 Business Two (B-2) Zone and the use is professional/medical office with associated multi-family residential. 2. The use as developed will not adversely affect the neighborhood, as the project is less intensive than the surrounding general business and industrial land uses.The applicant has proposed to preserve and renovate the existing structures, helping to maintain the historic character of the site and the surrounding views toward Lake Cochichewick. 3. The proposed modification will further preserve and enhance the character of the site and area by placing a covenant in the deed restricting future development and allowed uses for the existing open field. The $25,000 in-kind gift provides a community benefit by helping maintain and improve current athletic fields in North Andover. 4. There will be no nuisance or serious hazard to vehicles or pedestrians as indicated by the Traffic Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the Town's Outside Engineering Consultant,Vanasse Hangen Brustlin,Inc. 5. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. 6. The site drainage system is designed in accordance with the Town Bylaw requirements. The drainage calculations submitted by MHF Design Consultants were reviewed with the Town's Outside Engineering Consultant,Vanasse,Hangen, Brustlin,Inc. and deemed to be acceptable. 7. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 and for Special Permits as stated in Section 10.3 of the Zoning Bylaw. 8. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The facility will be connected to the municipal sewer system in the Town of North Andover. 9. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. 1003 Osgood Street Special Permit Approval-Modification 1 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) and (6) subject to the following conditions. 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 3.20-acre parcel of land adjacent to Route 125 as shown on Assessors Map 35, lot 50,and also known as 1003 Osgood Street,North Andover, Massachusetts. ii) The"Plans"refer to the plans prepared by MHF Design Consultants dated August 15,2003 and last revised December xx,2003,entitled Site Plan review and Special Permit Plans for 1003 Osgood Street North Andover,Massachusetts"consisting of Sheets 1 through xx and L through L2. iii) The"Project"or"1003 Osgood Street"refers Locus in acco�dancetw of 13,000 sque feet with the Plans and the of office and four residential apartments at the instant Special Permit. iv) The"Applicant" refers to Thomas Properties LLC,the applicant for the instant 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) PRIOR TO THE ENDORSEMENT OF HE FOLLOWING CONDITIONS: G BORD, THE APPLICANT MUST COMPLY W 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) Prior to the endorsement of the plans, the affordable unit criteria will be established to the Planning Board for one unit. C) The applicant shall provide a $25,000 in kind contribution to the North Andover Youth Services for the purpose of improving and restoring current athletic fields in Town. Said amount shall be in the form of a check payable to the Town of North Andover. 2) 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. 1003 Osgood Street Special Permit Approval -Modification 2 13 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 and the Planning Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer must secure any necessary special permits required under the Zoning Bylaw for the continued pre-existing non-conforming status of the original structures from the Zoning Board of Appeals. The developer shall inform the Planning Department/Planning Board of the final decision of the Zoning Enforcement Officer/ZBA,and provide revised plans as needed. G) The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. In accordance with General Condition 7(k) below, should the Community Development Director 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. 3) 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. 4)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. 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 to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must'be fenced off and covered. 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. 5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The building must have any and all fire sprinklers installed in accordance with the Massachusetts General Laws Chapter 148 Section 26. B) The applicant must submit a letter from the architect and engineer of the project stating that the 1003 Osgood Street Special Permit Approval-Modification 3 �� 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 abond determined t Board, the full amount of the landscaping materials and installation weather conditions do not permit thecompletion of the landscaping prior to anticipated occupancy. C) 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. 6) 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 facilities must be submitted to the Planning Department. 7)GENERAL CONDITIONS A) The area shown on the plan entitled "Landscape Plan" dated October 3, 2003, by Huntress Associates, Inc.,as "Existing Open Field to Remain"and more particularly delineated as the area within the 250'No Disturbance Setback,as shown on the plan(the"Open Space"), shall be left in its natural and open state and that no construction shall occur thereon. The foregoing shall not be construed to prevent the landscaping, mowing or haying of the Open Space or the installation, maintenance and replacement of utilities and/or drainage of surface and subsurface water to or from the Open Space and all appurtenances thereto. B) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one years from the date of planting shall be replaced by the project owner. C) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan,a reforestation plan must be submitted as outlined in Section 5.8(6)of the Zoning Bylaw. D) Should the Project Owner transfer the project, the buyer shall meet with the Planning Board to update the Board 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) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. H) No underground fuel storage shall be installed except as may be allowed by Town Regulations. 1003 Osgood Street Special Permit Approval-Modification 4 /� 1) All blasting shall be in complete compliance with regulations and procedures required by the North Andover Fire Department. 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 as provided in General Condition 7(k)below. L) Any revisions shall be submitted to the Community Development Director 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 date of the grant 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. Moreover, any delay arising from the need to obtain a Special Permit from the Zoning Board of Appeals regarding the pre-existing non-conforming status of the original structures, or any other permits and the time required to pursue or await determination of any appeals shall constitute good cause. N) The following information shall be deemed part of the decision: i) A set of plans entitled"Site Plan Review and Special Permit plans for 1003 Osgood Street,North Andover, Massachusetts 01845";prepared for Thomas Properties LLC 231 Sutton Street North Andover,Massachusetts 01845; prepared by MHF Design Consultants 103 Stiles Road,Suite One,Salem NH 03079,consisting of sheets 1 through xx,dated August 15,2003 and revised as of December xx,2003 and sheets L1 through L2 prepared by Huntress Associates, 17 Tewksbury Street,Andover, MA 01810,dated August 15,2003. ii) A Traffic Study prepared by DJK Associates entitled"Traffic Impact&Access Study, Dated August 14, 2003. iii) Drainage calculations entitled"Stormwater Management Drainage Calculations and Best Management Practices'; prepared by MHF Design Consultants; dated August 15,2003. iv) Architectural drawings prepared by Woodman Associates, Inc.entitled".... V) Plan entitled"Landscape Plan"for"1003 Osgood Street,North Andover, Massachusetts 01845'; prepared by Huntress Associates,Inc., 17 Tewksbury Street,Andover, Massachusetts 0 18 10,dated March 21,2005. cc: Director of Public Works Building Inspector Town Manager Conservation Administrator 1003 Osgood Street Special Permit Approval-Modification 5 �� Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File 1003 Osgood Street Special Permit Approval Modification 6 17