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HomeMy WebLinkAbout2011-10-04 Planning Board Supplemental Materials (6) PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover, Massachusetts, 01845 SITE PLAN REVIEW DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: October 4, 2011 Date of Hearing: September 6, 2011, September 20, 2011, and October 4, 2011 Date of Decision: October 4, 2011 Petition of: Louise and Tim Tanner 1780 Osgood Street North Andover, MA 01845 Premises Affected: 1780 Osgood Street, Assessors Map 61 Lot 11. 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 M.G.L. c.40A, Sec. 9. So as to allow a 50’ X 60’ addition to an existing metal frame building, along with 12’ X 6’ porch at the entryway, replacement of outside metal siding with masonry siding, along with stormwater management improvements within the Industiral-2 (I-2) Zoning District. nd After a public hearing given on the above date, and upon a motion by R. Rowen and 2 by M. Colantoni to APPROVE 4 – the Site Plan Special Permit as amended and based upon the following conditions. Vote was 0 in favor of the application. __________ On behalf of the North Andover Planning Board John Simons, Chairman Richard Rowen Timothy Seibert Michael Colantoni 1 J. Tropeano, 1780 Osgood St. Map 61, Parcel 11 Site Plan Special Permit – Industrial Building Expansion The Planning Board herein APPROVES the Site Plan Special Permit to allow a 50’ X 60’ addition to an existing metal frame building, along with 12’ X 6’ porch at the entryway, replacement of outside metal siding with masonry siding, along with stormwater management improvements within the Industiral-2 (I-2) Zoning District. The project is located at 1780 Osgood Street, North Andover, Massachusetts, 01845, Assessors Map 61, Parcel 11 within the Industrial 2 (I-2) Zoning District. The parcel totals approximately 165,092 s.f. with frontage on Osgood Street. This Special Permit was requested by Louise and Tim Tanner, 1780 Osgood Street, North Andover, MA 01845. The application was filed with the Planning Board on or about August 5, 2011. The public hearing on the above referenced application was opened on September 6, 2011, with additional hearings on September 20, 2011, and closed by the North Andover Planning Board on October 4, 2011. 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 an expansion of an existing industrial building from from 2,700 sq. ft. to 5,700 sq. ft., with a 72 sq. ft. porch. The proposed expansion is appropriate for the site in that the expansion is taking place at the rear of the existing building, which currently has extensive natural vegetative screening from Osgood St. In addition, the proposed porch will be located at the existing entrance to the building; 2) Based on input received from both the Planning Board, the Planning Board’s stormwater management consultant and the Conservation Commission, the applicant has provided sufficient stormwater management for the treatment of both volume and flow of stormwater for the new addition and has also provided a floodplain replication area, thus complying with Massachusetts Stormwater Standards, as well as the Planning Board’s Site Plan Review standards and the Conservation Commission’s stormwater standards. The proposed stormwater detention structures were increased, as part of the review process, in order to address the peak runoff rates for the 100 year storm event. 3) The use as developed will not adversely affect the neighborhood as the property is located in an Industrial zone and has very few immediate abutters. Also, the applicant will be constructing the addition in an area that is presently heavily disturbed and not visible from Osgood St.; 4) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a significant impact on parking within the site since the site currently has sufficient storage and parking area for vehicles related to the business. With the addition, the building will expand from 2,700 sq. ft. to 5,700 sq. ft., with a 72 sq. ft. porch, on a lot that consists of 3.79 acres, leaving ample room for traffic circulation; 5) 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 providedthe following conditions are met: SPECIAL CONDITIONS: Permit Definitions 1) : 2 J. Tropeano, 1780 Osgood St. Map 61, Parcel 11 Site Plan Special Permit – Industrial Building Expansion A) The “Locus” or “Site” refers to the 165,092 sq. ft. parcel of land with land fronting on Osgood Street as shown on Assessors Map 61, Parcel 11, and also known as 1780 Osgood Street, North Andover, Massachusetts. B) The “Plans” refer to the plans prepared by LJR Engineering, 234 Park Street, North Reading, MA 01864, entitled “Site Plan” and “Detail Plan”., dated August 5, 2011, September 1, 2011, and most recently revised on September 15, 2011 along with an associated Checklist for Stormwater Report and Stormwater Management Report dated July 19, 2011 C) The “Project” refers to a 50’ X 60’ addition to an existing metal frame building, along with 12’ X 6’ porch at the entryway, replacement of outside metal siding with masonry siding, along with stormwater management improvements. D) The “Applicant” refers to Louise and Tim Tanner 1780 Osgood Street, North Andover, MA 01845, the applicant for the Special Permit, its successors and assigns. 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. Waivers 2) : The Applicant has requested waivers from the following provisions of the Town of North including Andover Zoning Bylaw, Section 8.3.5.e (xix) – Traffic Study, (xxii) – Fiscal Impact, and (xxiii) – Community Impact. As part of this decision, the Planning Board has granted the above waivers, in that it has found that the Applicant has provided sufficient information as part of its application to address all traffic, fiscal, community, and other impacts. ) PRIOR TO THE START OF CONSTRUCTION 3 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) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover land use Boards, including one copy of a recorded Wetlands Order of Conditions issued under the State Wetlands Protection Act and North Andover Wetlands Protection Bylaw shall be delivered to the Planning Department. D) A detailed 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. five thousand dollars$5,000.00) E) A bond in the amount of ( shall be posted for the purpose of insuring that the site is constructed in accordance with the approved plan and that a final as-built plan is provided, showing the location of all on-site structures. 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. F) Per the Order of Conditions specified by the town of North Andover Conservation Commission, the developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Conservation Commission and Planning staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board staff and 3 J. Tropeano, 1780 Osgood St. Map 61, Parcel 11 Site Plan Special Permit – Industrial Building Expansion shall submit a copy of all reports required by the Conservation Commission to the Planning Office staff. G) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. H) 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. All existing trees that will remain in the landscaped area are to be marked prior to the pre-construction meeting. I) A pre-construction meeting must be held with the developer, their construction employees, Planning Department, the Conservation Commission Agent, and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. 4) 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. C) It shall be the responsibility of the developer to assure that no erosion from the construction site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to 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. 5) 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, including invert elevations of all stormwater structures, must be submitted to the Planning Department. The applicant must also 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, 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 the use of the building. C) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) GENERAL CONDITIONS 4 J. Tropeano, 1780 Osgood St. Map 61, Parcel 11 Site Plan Special Permit – Industrial Building Expansion A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. C) 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. D) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. E) 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. F) 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. G) 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. after October 4, 2013 H) This Special Permit approval shall be deemed to have lapsed (two years from the date permit granted), 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 site grading and tree clearing as noted on the Grading & Utilities Plan, sheet 5 of 10. I) The following information shall be deemed part of the decision: Plans titled: Site Plan, 1780 Osgood Street, North Andover, Massachusetts, Assessors Map 61 Lot 11 Detail Plan, 1780 Osgood Street, North Andover, Massachusetts, Assessors Map 61 Lot 11 Date: Dated August 5, 2011, revised on September 1, 2011, and September 15, 2011. Prepared for: Louise and Tim Tanner 1780 Osgood Street North Andover, MA 01845 Prepared by: LJR Engineering 234 Park Street North Reading, MA 01864 Scale: 1” = 40’ Sheets: 2. Reports titled: Checklist for Stormwater Report and Stormwater Management Report Date: July 19, 2011 5 J. Tropeano, 1780 Osgood St. Map 61, Parcel 11 Site Plan Special Permit – Industrial Building Expansion cc: Town Departments Applicant Engineer Abutters Assessor 6