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HomeMy WebLinkAbout20141118 Decision yORTH r'ir. t ��. PFp t� �`-.�-• n *` 2ottt��� t61tio RECENED Town of North Andover T' i i,- arV Office of the Planning Department * Community Development and Services DivisiAh NOY 211111: 38 1600 Osgood Street y9`°RAr.o����<y North Andover,Massachusetts 01845 �s3f E .!�F SSCHUS NU i 10.E �,f f ID 0 NOTICE OF DECISION ;SAS I.4C"U S E 1,` SITE PLAN REVIEW SPECIAL PERMIT Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: November 18,2014 Public Hearings: October 21,2014;November 18,2014 Date of Decision:November 18,2014 Petition of: Great Circle LLC 8 Washington Street Beverly,MA 01915 Premises Affected: Appx. 85 Terminal Road,Leased Lot on Lawrence Municipal Airport 492 Sutton Street Assessors Map OOOO.B,Parcel 1 North Andover,MA O 1845 The above petition for a Site Plan Review Special Permit is in accordance with the requirements of the North Andover Zoning Bylaw, Sections 8.3 and 10.3,and MGL C.40A, Sec.9. This petition is to allow for the construction of a box-style,2-story, 17,388 square foot airplane hangar at the Lawrence Municipal Airport. The hangar will house up to three(3)private planes for personal and corporate use by the Applicant,and will be constructed on a 48,800 square foot lot to be ground-leased from the Airport Commission. The site is located within the Industrial-2 Zoning District. The application was submitted by Glovsky&Glovsky,LLC.on behalf of the Applicant,Great Circle Center LLC.,with plans dated September 19,2014,revised November 6,2014,and prepared by Meridian Associates. After a public hearing given on the above dates,and upon a motion by David Kellogg, seconded by Lynn Rudnicki,the Planning Board APPROVES the Site Plan Review Special Permit as amended and with conditions.A vote of 5-0 was made in favor of the application. i ^ 1 4,h,- I On behalf of the No dover Planning Board John Simons,Chair Michael Colantoni David Kellogg Lora McSherry Lynne Rudnicki Peter Boynton,Associate 1 Town of North Andover Site Plan Review Special Permit—85 Terminal Road - November 18,2014 The Planning Board herein APPROVES/DENIES the Site Plan Review Special Permit for the construction of one new airport hangar at the Lawrence Municipal Airport with accompanying access road and ten(10)parking spaces.The hangar will also contain an accessory office space. The application was filed with the Planning Board on September 22,2014.The public hearing on the above referenced application was opened on October 21,2014, and closed on XXX. The applicant submitted a complete application,which was noticed and reviewed in accordance with Sections 8.3 and 10.3 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 Bylaw, Sections 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 Industrial-2 Zoning District and is located within the Lawrence Municipal Airport's existing footprint. 2) The Applicant anticipates approximately 100 flights annually out of the Lawrence Municipal Airport. Given the existing volume of flights at the airport,this use, as developed,will not adversely affect the neighborhood. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. 4) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The hangar will use water and sewer provided by the Town of North Andover. 5) This Special Permit Granting Authority makes a specific finding that the use is in harmony with the general purpose and intent of the Zoning Bylaw. 6) The proposed project includes the construction of ten(10)parking spaces immediately adjacent to the hangar. This number of spaces is sufficient given that the primary expected use of the airport hangar is for storage of aircraft, which would not likely require a high volume of guest parking spaces; additional parking spaces are located on-site at the Lawrence Municipal Aiport. 7) The Applicant shall comply with all applicable regulations associated with facilities on airport lands, including FAA and local airport regulations. 8) The Town of North Andover Fire Department has reviewed the proposal and determined that the proposed site affords adequate access and egress in an emergency. 9) The North Andover Zoning Board of Appeals is requiring the Applicant to apply for a zoning variance because the dimensions of the proposed hangar as it relates to the dimensions of the leased space would not be compliant with the North Andover Zoning Bylaw. 10) The proposed stormwater infrastructure has been independently reviewed and is sufficient. Post- construction stormwater infrastructure maintenance will be the responsibility of the Applicant and/or all lease successors or owners of land. 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 compliant. The Planning Board hereby grants an approval to the Applicant,provided the following special conditions are met. 2 Town of North Andover Site Plan Review Special Permit—85 Terminal Road November 18,2014 PERMIT DEFINITIONS 1) The "Locus" refers to the approximately 1.1-acre parcel of leased land at the Lawrence Municipal Airport at approximately 85 Terminal Road,referenced on Assessor's Map OOOO.B,Parcel 1. 2) The "Plans" refer to the plans entitled "Site Development Plans, 85 Terminal Road", prepared by Meridian Associates, dated September 19,2014 and revised November 6,2014. 3) The"Project"refers to the construction of an airport hangar, including construction of an access road, installation of utilities, installation of stormwater management infrastructure, and construction of ten (10)new parking spaces. 4) The "Applicant" refers to Great Circle Center LLC., the applicant for the Site Plan Review Special Permit. 5) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus, which can include but is not limited to the Applicant,developer, and/or owner. SPECIAL CONDITIONS Upon reaching the above findings,the Planning Board approves this Definitive Subdivision Plan with the following conditions: PRIOR TO ISSUANCE OF A BUILDING PERMIT 1) The Plans and this Notice of Decision must be recorded at the Essex North Registry of Deeds. Two (2) copies of the signed and recorded Plans and Notice of Decision must be delivered to the Planning Department. 2) A Performance Guarantee bond in the amount of$3,000 shall be posted for the purpose of insuring that the site is constructed in accordance with the approved plans and that a final as-built plan is provided. PRIOR TO THE START OF CONSTRUCTION 3) In consultation with the Town Planner, the Applicant shall designate an independent construction monitor. The monitor shall make weekly inspections of the project, provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to inspect the site accompanying a Planning Department designated official. 4) A construction schedule shall be submitted to the Planning Department for the purposes of tracking major milestones and general construction. 5) A pre-construction meeting must be held with the developer, contractors, Planning Department, Applicant, and other applicable representatives to discuss.scheduling of inspections and construction schedule.At this same meeting,the activities for conditions 6 and 7 below may be also conducted. 6) 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 initial cutting and/or clearing on-site. Existing trees that will remain in the landscaped area are to be marked. 7) All applicable erosion control measures must be in place and reviewed and approved by the Planning 3 Town of North Andover Site Plan Review Special Permit—85 Terminal Road November 18,2014 Department. 8) The Applicant shall provide the Planning Department of evidence of filing and approval of the EPA General Construction Permit(GCP)for this project. DURING CONSTRUCTION 9) Any stockpiling of materials must be maintained using all relevant Best Management Practices (BMPs)including covering of loose stockpiles and/or implementing dust mitigation measures. 10)It shall be the responsibility of the Applicant to ensure that no erosion from the site of construction shall occur which will cause the 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 to make a finding that the project is not in compliance with this Notice of Decision, and the board shall give the developer written notice of any such finding and provide ten(10)days to implement corrective actions. 11) 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 construction site. 12) Hours of construction are limited from 7:00am to 5:00pm Monday through Friday, and 8:00am to 5:00pm on Saturdays. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 13) The Applicant must submit a letter from the architect or/and engineer of the project stating that the building and site layout substantially comply with the approved Plans. Alternatively, the applicant 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 use of the building. 14) It shall be the Applicant's responsibility to assure the proper placement of driveways. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. 15)All slopes must be stabilized with regard to erosion and safety. 16) The lot must be raked, loamed, and seeded, sodded or mulched. 17) The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. PRIOR TO THE RELASE OF SECURITY AND/OR ESCROWED FUNDS 18)A final set of as-built plans showing final topography, location of utilities, structures, drainage facilities, and easements must be submitted to the Planning Department. Plans shall show all relevant site elements including but not limited to stormwater infrastructure, landscaping, building footprints, impervious and pervious surfaces, sewer and water connections, and other pertinent site features. One paper copy and one electronic copy (PDF) shall be submitted to the Planning Department. If over 1 year has elapsed from the issuance of the Certificate of Occupancy, the applicant must submit a second letter from the architect and/or engineer verifying that the on-site conditions still substantially comply with the approved Plans. 4 Town of North Andover Site Plan Review Special Permit—85 Terminal Road November 18,2014 19) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 20) The Town Planner shall verify that all Planning, Conservation, Board of Health, and Division of Public Works requirements are satisfied and that construction was in compliance with all respective approved plans and conditions. GENERAL CONDITIONS 21) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 22) Gas, telephone, cable, and electric utilities shall be installed underground as specified by the respective utility companies. 23) The provisions of this conditional approval shall apply and be binding upon the Applicant, its employees, and all successors and assigns in interest or control. 24)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. 25)Any revisions shall be submitted to the Town Planner for review; if the revision is deemed substantial,the Applicant must submit revised plans to the Planning Board for approval. 26) This Site Plan Review Special Permit shall be deemed to have lapsed on November 18, 2016 (two years from the approval date), 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 as determined by the Planning Board. 27) The following information shall be deemed part of this decision: Plans Titled: Site Development Plans, 85 Terminal Road North Andover,MA 01845 Prepared for: Great Circle Central LLC. 54 Logan Lane,Unit C Santa Rosa Beach,Florida 32459 Prepared by: Meridian Associates 500 Cummings Center,Suite 5950 Beverly,MA 01915 Scale: 1"=200' Date: September 19,2014 revised November 6,2014 Sheets: 1-10 5 Town of North Andover Site Plan Review Special Permit—85 Terminal Road November 18,2014 cc: All Town Departments Applicant Engineer Abutters Assessor 6 Town of North Andover ZONING BOARD OF.APPEALS Albert P.Manzi III,Esq.Cbairman Men P McIntyre,� Vice-chairman RTH .2915TER 3 * Aicbardj-Byers,Esq.Clerk of tkO + D.FaulKochjr.Esq. 0 Allan Cuscia Ja Associate Members Michael A Liporto DeneyMorganthal DougLudg:in ACHUS Town Clerk Time Stamp Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2015 of this notice in the office of the Town Clerk per Mass.Gen.L.ch.40A,§17 Property at: 85 Terminal Road(Lawrence Municipal Airport) NAME:Great Circle Central LLC HEARING(S): October 14,2014 and December 9,2014,The following continued Hearings were continued at the request of the Petitioner,November 13,2014,Januaryl.3,2015 ADDRESS: 85 Terminal Road(Map 000.B,Parcel 0001), PETITION: 2014-008A&2014-008B (Lawrence Municipal Airport) North Andover,MA.01845 1 1 The North Andover Board of Appeals held a public hearing at Town Hall,at 120 Main Street,North Andover,MA on Tuesday, February 10'h,2015 at 7:30 PM on the application of Great Circle Central LLC located at 85 Terminal Road (Map 0003,Parcel 0001), North Andover, MA 01845. Petitioner was requesting a Variances and a Special Permit for construction of a new airplane hangar in the 1-2 Zoning District. A Special Permit from the Zoning Board of Appeals under Section 9,Paragraph 9.1 of the Zoning Bylaw for non-conforming use was needed(airport)in the Industrial-2 Zoning District. Petitioner was also requesting a Dimensional Variance that was also required from the Zoning Board of Appeals under Section 7, Paragraph 7.3&Table 2 of the Zoning Bylaw for all setbacks from lease lines in order to construct a new airplane hangar.Also lot area was insufficient. The Petitioner of Great Circle Central LLC at 85 Terminal Road(Map 000.11,Parcel 0001),North Andover,MA 01845 has now requested the petitions be"Withdrawn Without Prejudice" The following voting members were present: Albert P.Manzi,Ellen P.McIntyre,Richard J.Byers,D.Paul Koch Jr and Allan Cuscia. The following Associate members was present:Doug Ludgin Koch made a motion to allow for the respective petitions to be"Withdrawn Without Prejudice",for Great Circle Central LLC,for location at the Lawrence Airport,address 85 Terminal Road(Map 000.13,Parcel 001). Cuscia second the motion The following members voted in favor to Grant the petitioner to"Withdraw without Prejudice",McIntyre,Byers,Koch and Cuscia Not in favor to Grant the Petitioner to"Withdraw without Prejudice%Manzi. 4-1 Petition is withdrawn without prejudice. Nort Andover Zoning oard of ppeals Alb�rt P.Manzi 1111,Esq., Chairman Ellen P.McIntyre, Vice Chairman 11chard J.Byers,Esq.,Clerk D.Paul Koch Jr. Allan Cuscia. 2014-008A. 2014-008B Page 1 of 1