HomeMy WebLinkAbout2013-10-01 Planning Board Supplemental Materials (6) NORTH
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PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
SITE PLAN REVIEW MODIFICATION 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 1, 2013
Date of Hearing: August 6, 2013, September
3, 2013, September 17, 2013 and October 1,
2013
Date of Decision: October 1, 2013
Petition of: Peters Street Associates,LLC
c/o Jeffrey D. Sheehy
PO Box 3099
Andover,MA 01810
Premises Affected: 102 Peters St.
Assessors Map 24 Lot 21
Referring to the above petition for a Modification Site Plan Special Permit, from the requirements of the
North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.3 1, and M.G.L. c.40A, Sec. 9.
So as to modify a previously approved Site Plan Review Decision for an office building at the above address
and allow the building to be used as a Day Care Center Business-4(B-4)Zoning District.
After a public hearing given on the above date, and upon a motion by and 2nd by to APPROVE/DENY the
Site Plan Special Permit Modification as amended and based upon the following conditions. The vote was X
—X to approve/deny the application.
On behalf of the North Andover Planning Board
John Simons, Chairman
Richard Rowen
Michael Colantoni
Dave Kellogg
Lora McSherry
Lynne Rudnicki
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102 Peters St.
Map 24,Parcel 21
Site Plan Special Permit Modification Decision
The Planning Board herein APPROVES/DENIES a Site Plan Review Special Permit Modification
for the use of a 2,745 sq. ft. single story commercial building,with eleven(11)parking spaces,
associated landscaping, stormwater management and installation of utilities as a Day Care Center.
The project is located at 102 Peters Street,North Andover, Massachusetts, 01845, Assessors Map
24,Parcel 21 within the Business-4 (B-4) Zoning District. The parcel totals approximately 13,315
sq. ft. with frontage on Peters Street. This Special Permit Modification was requested by Peters
Street Associates,LLC, c/o Jeffery D. Sheehy, PO Box 3099,Andover,MA 01810. The
application was filed with the Planning Board on or about July 3, 2013. The public hearing on the
above referenced application was opened on August 3, 2013 with additional hearings on September
3, 2013, September 17, 2013, and closed by the North Andover Planning Board on October 1, 2013.
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 applicant had previously applied for and received Site Plan Review approval for the
construction of a 2,745 sq. ft. single story commercial building, with eleven (11)parking spaces,
associated landscaping, stormwater management and installation of utilities. This Special Permit
was granted by the Planning Board on April 3, 2012.
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:
1) The specific site is not an appropriate location for the project as it does not comply with the
town's requirements for off-street parking for a Day Care Center. In the town's Zoning
Bylaw, section 8.4.a. Table of Off-Street Parking Regulations, the required number of spaces
for a Day Care Center is .35 per person (licensed capacity). The applicant is proposing a Day
Care Center with 39 person capacity, which would require 14 parking spaces. The site has
11 Off-Street parking spaces.
2) Based on input received from the Planning Board's consultants, Vanasse and Associates,
Inc.(dated August 26, 2013 and September 10, 2013) the applicant did not provide sufficient
information to address the Planning Board's concerns regarding the number of parking
spaces required and potential site access issues. The following conditions were cited in the
reports produced by Vanasse & Associates dated August 26 and September 10, 2013:
a) The initial use as an office building would have generated approximately 11 vehicle trips
during weekday and evening peak hours, which equates to a level of activity at a day care
center serving 15 children.
b) The layout of the parking lot and the short depth of the driveway are not conducive to
high turnover parking that is associated with day care centers.
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102 Peters St.
Map 24,Parcel 21
Site Plan Special Permit Modification Decision
c) The location of the proposed Day Care Center in close proximity to the signalized
intersection of Peters St. and Route 114 may cause traffic queuing problems at that
intersection.
FINDINGS OF FACT 2:
3) The specific site is an appropriate location for the project although it does not comply with
the town's requirements for off-street parking for a Day Care Center. According to the
town's Zoning Bylaw, section 8.4.a. Table of Off-Street Parking Regulations, the required
number of spaces for a Day Care Center are .35 per person (licensed capacity). The applicant
is proposing a Day Care Center with 39 person capacity, which would require 14 parking
spaces and the existing site has 11 Off-Street parking spaces. The Planning Board has
waived strict compliance with the requirement for Off-Street based on material provided to
the Board at the public hearings by the applicant.
4) There is sufficient room within the current site for the new parking spaces, which will
accommodate the proposed use as a day care center. The Traffic Study submitted by the
applicant (and referenced in this document) concludes that the proposed project will increase
traffic by less than 0.2 to 0.4% when compared to the existing 11,586 vehicles per day along
Peters St.
The project is in compliance with Zoning in that it received a Special Permit from the Zoning
Board of Appeals in accordance with Section 9.1 and a variance from sections 7.1.1, 7.2 7.3
and 9.1 of the town's Zoning Bylaw. Section 9.1 allows for a building or structure to be
changed, altered or enlarged except as may be permitted by a Special Permit, which was
granted by the ZBA on November 8, 2011.
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 provided the following conditions are met:
SPECIAL CONDITIONS:
1) Permit Definitions:
A) The "Locus" or "Site" refers to the 13,315 sq. ft. parcel of land with land fronting on
Peters Street as shown on Assessors Map 24, Parcel 21, and also known as 102 Peters
Street, North Andover, Massachusetts.
B) The "Plans" refer to the plans prepared by Andover Consultants Inc., 1 East River Place,
Methuen, MA 01844, entitled "Proposed Site Plan 102 Peters Street, North Andover,
Mass.", dated December 13, 2011, as most recently revised on February 27, 2012,
consisting of Sheets 1 through 3.
C) The "Project" refers to the change in use at 102 Peters St. from an office/commercial
building to the use as a Day Care Center in the Business-4 Zoning District.
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102 Peters St.
Map 24,Parcel 21
Site Plan Special Permit Modification Decision
D) The "Applicant" refers to Peters Street Associates, LLC, c/o Jeffrey D. Sheehy, PO Box
3099, Andover MA 01810, the applicant for the Special Permit Modification, 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.
2) The occupancy of the Day Care Center shall be limited to 15 persons, plus 2 staff members.
3) Waivers: The Applicant has requested waivers from the following provisions of the Town of
North Andover Zoning Bylaw, including Section 8.4.a Table of Off-Street Parking
Regulations. As part of this decision, the Planning Board has granted the above waiver, in
that it has found that the Applicant has provided sufficient information as part of its
application to address all traffic impacts.
4) The applicant shall hire a traffic consultant to monitor traffic conditions. The monitor shall
produce a report to be delivered to the Town Planner for review. The monitoring shall be
conducted for a 5-day week-long period and shall be provided at 6-months, 12-months and 24-
months after occupancy and will include the following:
a) Traffic counts at the driveway serving the facility in order to ascertain the volume of traffic
generated by the site on a daily and peak-hour basis.
b) A Parking Occupancy Study, conducted between 7AM and 9AM and from 3PM to 6PM
recording the number of vehicles parked within the day care center parking lot, reported in
5-minute intervals during the observation period.
c) Motor Vehicle Crash Reports obtained from the North Andover Police Department for the
intersection of both site driveways and Osgood St., for the most recent three-year period
available.
d) The monitoring shall be conducted either between April and June or September and
October.
e) If during the monitoring period, in the opinion of the Planning Board, based on data in the
reports, the approved plan creates a hazardous condition, the Planning Board may require a
modification to the Special Permit.
5) The applicant shall implement an active drop-off/pick-up management policy and a parking plan
such that no more than five (5) children arrive or depart in a 15 minute period in order to limit
traffic and parking demands to a level that is commensurate with available parking supply
afforded by the site and to allow sufficient time for vehicles to exit in the context of queuing at
the Turnpike St./Peters St. intersection. A copy of the drop-off/pick-up policy and parking
management plan shall be provided to the Planning Office for review.
6) PRIOR TO ENDORSEMENT OF PLANS
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102 Peters St.
Map 24,Parcel 21
Site Plan Special Permit Modification Decision
A) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all North Andover land use Boards.
6) PRIOR TO 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, 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.
B) All stormwater structures shall be cleaned, in accordance with the approved Stormwater
Operation& Maintenance Plan.
C) The applicant shall implement the following traffic mitigation measures:
a) Install "Do Not Block Intersection" pavement markings on Peters St. in the eastbound lane,
adjacent to the Site Driveway.
b) Install a "Right Turn Only" Sign on the property. This sign must be approved by the Board
of Selectmen of the Town of North Andover.
c) Provide a letter of approval from MA Department of Transportation regarding the pavement
markings and the "Right Turn Only" sign.
7) 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 as-built must be provided in paper
form as well as in SDF (Standard Digital File) format. The as-built shall also provide a
calculation showing the increase in impervious area. 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.
8) GENERAL CONDITIONS
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102 Peters St.
Map 24,Parcel 21
Site Plan Special Permit Modification Decision
A) If a dumpster is required once the building is occupied, the owner shall apply to the Board of
Health for the appropriate permit. The location of the dumpster must be approved by the
Planning Office.
B) 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.
C) 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.
D) 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.
E) This Special Permit approval shall be deemed to have lapsed after October 1, 2015 (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 any site grading or tree
clearing.
F) The following information shall be deemed part of the decision:
Plan titled: Proposed Site Plan 102 Peters Street North Andover, Mass.
Prepared for: Dundee Properties, LLC
PO Box 3099
Andover, MA 01810
Prepared by: Andover Consultants Inc.
1 East River Place
Methuen,MA 01844
Scale: 1"=20'
Date: Dated December 13, 2011, last revised on September 24, 2013.
Sheets: 1 through 3.
Conceptual
Landscape Plan:102 Peters Street
North Andover,MA 01845
Prepared by: Huntress Associates,Inc.
17 Tewksbury Street
Andover,MA 01810
Date: August 4,2011,last revised on February 29,2012
Sheets: L-1
Stormwater Report: 102 Peters Street
Dated: December 14,2011,last revised February 27,2012
Traffic Report: 102 Peters St.
Ref: 822
Prepared by: Dermott J. Kelly Associates,PE,PTOE
Date: December 28, 2011, June 30, 2013, August 14, 2013, August 22, 2013, August 28,
2013, September 26,2013
cc: Town Departments
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102 Peters St.
Map 24,Parcel 21
Site Plan Special Permit Modification Decision
Applicant
Engineer
Abutters
Assessor
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