HomeMy WebLinkAbout2013-10-01 Planning Board Supplemental Materials (23) pORT#1
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North Andover,Massachusetts 01845
NOTICE OF DECISION
SITE PLAN REVIEW
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 Hearings: April 16, 2013, July 16,
2013, August 20, 2013, September 3, 2013,
September 17, 2013, October 1, 2013
Date of Decision: October 1, 2013
Petition of. Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Premises Affected: 1077 Osgood Street, North Andover, MA 01845, within the General
Business (GB)Zoning District,Assessors Map 35, Lot 27.
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, 10.31 and MGL C40A, Sec 9.
So as to allow: to allow the construction of a 3,672 sq. ft. Bank with two drive-thru tellers and
one drive-thru ATM, with 21 total parking spaces, drainage system network, grading and
landscape work within the General Business Zoning (GB) District and the Watershed Protection
District.
After a public hearing given on the above date, and upon a motion by XX and 2nd by XX to
APPROVE the Site Plan Review Special Permit as amended and based upon the following
conditions. Vote was 5 —0 in favor of the application.
Planning Board
John Simons, Chairman
Richard Rowen
Michael Colantoni
Dave Kellogg
Lynne Rudnicki
Lora McSherry
1077 Osgood Street, Map 35 Lot 27
Site Plan Review Special Permit
The Planning Board herein approves the Site Plan Review Special Permit for the construction of
3,672 sq. ft. retail bank with two drive-thru tellers and one drive-thru ATM, 21 total parking
spaces, drainage system network, grading and landscape work within the General Business
Zoning (GB) District and the Watershed Protection District. The site is located at 1077 Osgood
Street, Map 35, Lot 27. This Special Permit was requested by Angus Realty Trust, 1077 Osgood
Street, North Andover, MA. The applications were filed with the Planning Board on March 15,
2013. The applicant submitted complete applications, which were noticed and reviewed in
accordance with Section 2.30.1, 4.136, 8.1, 8.3, 8.4, 10.3, and 10.31 of the Town of North
Andover Zoning Bylaw and MGL C.40A, Sec. 9.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well
as its specific criteria, is met. This decision specifically stated by the Planning Board makes the
following FINDINGS OF FACT:
1. The proposed project is a result of discussions with the Planning Board, Planning Staff
and outside consultants with respect to parking, queuing, site design, landscaping and
stormwater management. The resulting proposal limits site disturbance, provides
adequate parking and traffic queuing and provides for the least amount of impact on an
environmentally sensitive area.
2. The stormwater management is designed in accordance with the Town Bylaw
requirements and Best Management Engineering and Practices, and the most recent
version of the MA DEP Stormwater Handbook, and has been reviewed by the Town's
outside consulting engineer, Lisa Eggleston. The applicant altered the original drainage
design to provide for stormwater infiltration outside of Zone A (400 ft. from the Lake)
and has provided adequate safeguards to mitigate pollutants from entering the Lake and
the surrounding area. See letters from L. Eggleston dated April 10, 2013, July 15, 2013,
August 14, 2013 and September 12, 2013. The Planning Board has determined that there
will not be any significant degradation of the quality and quantity of water in or entering
Lake Cochichewick.
3. The applicant has provided attenuation for the volume of stormwater for the 100-year
storm event, to the maximum extent practicable. The design as proposed meets the
Department of Environmental Protection's (DEP) standards.
4. There will be no nuisance or serious hazard to vehicles or pedestrians. The plan reflects
extensive discussion with the Planning Board and its consultants, resulting in a design
that provides for safe vehicular access throughout the site. See letters from the Planning
Board's Traffic Consultant, Vanasse & Associates, Inc., dated March 29, 2013 and July
15, 2013.. Based on these and extensive discussion with the Planning Board, the
applicant re-designed the traffic pattern and provided crosswalks and sidewalks for
pedestrians. The project also includes a Truck Circulation Plan (Dated August 10, 2013),
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1077 Osgood Street, Map 35 Lot 27
Site Plan Review Special Permit
providing access for safety vehicles as well as access for WB-40 delivery trucks, using a
pass-through lane outside of the drive-thru lanes in the rear of the building. The North
Andover Fire Department has approved the design—see letter dated September 13, 2013.
5. The applicant has provided architectural elevations (Elevation Plans A210 and A211, dated
April 5, 2013) and a landscape plan (dated June 24, 2013). The architectural features and
landscape design has been approved as consistent with the surrounding area.
6. The new structure is connected to the Town sewer and water systems.
7. A deed restriction will be placed limiting the types of fertilizers that can be used on the site.
8. The topography of the site will not be altered substantially.
9. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The project will provide Town water, sewer, and utilities on the property
to adequately address the needs of the project and has been reviewed by the Division of
Public Works and the outside consulting engineer, Hancock Engineering Services, Inc.
10. As conditioned, the site is an appropriate location for the project use and proposed
structures.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following SPECIAL CONDITIONS:
1. Permit Definitions:
a) The "Locus"refers to the 320,080 sq. ft. parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35, lot 27, and also known as 1077 Osgood Street,
North Andover, Massachusetts.
b) The "Plans"refer to the plans prepared by Lynnfield Engineering, Inc. dated March 15,
2013 revised June 26, 2013, August 1, 2013, and August 29, 2013 entitled "Pentucket
Bank at Butcher Boy Marketplace 1077 Osgood Street North Andover, Massachusetts
01845" and consisting of sheets C1 through C11, Lighting Plan E-1, E-2, Landscape Plan
L-1, Vehicular Access Plan VA-1, and Elevation Plans A210 and A211.
c) The "Project" or "1077 Osgood Street"refers to the construction of a 3,672 sq. ft. Bank
with two drive-thru tellers and one drive-thru ATM, with 21 total parking spaces,
drainage system network, grading and landscape work within the General Business
Zoning (GB) District and the Watershed Protection District.
d) The "Applicants"refers to Angus Realty Corporation, the applicant for the Special
Permit.
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1077 Osgood Street, Map 35 Lot 27
Site Plan Review Special Permit
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 Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a Public Hearing and modification to the
Special Permit by the Planning Board. This Site Plan Review Special Permit may only be
used in conjunction with the Watershed Special Permit for these same premises approved
October 1, 2013.
3. Prior to the endorsement of the plan:
The applicant will provide copies of all Decisions, Notification and Orders of Conditions
from the North Andover Conservation Commission.
4. Prior to start of construction or site work and prior to the issuance of a building permit:
a) The applicant shall designate an independent Construction Monitor who shall be chosen
in consultation with the Planning Department staff The Construction Monitor shall
submit weekly reports during the entire duration of the project and must be available
upon four (4) hour notice to inspect the site with the Planning Board staff The Planning
Staff may reduce the frequency of reports upon review of such a request from the
applicant.
b) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner and Conservation Department.
c) Three (3) copies of the signed, recorded plans and the decision must be delivered to the
Planning Department.
d) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on
the plan. The Planning Staff 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 Conservation Department (and other applicable departments) to
discuss scheduling of inspections to be conducted on the project and the construction
schedule.
f) No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due
to the importance of the site and wetlands. In addition, permanent signs designating "No-
Salt Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations
along the Non-Disturbance Zone as approved by the Conservation Department and
shown on the herein referenced plans. Fertilizers utilized for landscaping and lawn care
shall be slow release, low-nitrogen types (< 5%) and phosphorous-free. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. The applicant
shall incorporate this condition as a deed restriction and a copy of the recorded deed
shall be submitted to the Town Planner and included in the file.
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1077 Osgood Street, Map 35 Lot 27
Site Plan Review Special Permit
5) Prior to Certificate of Occupancy:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water structures and other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval
and must be provided in paper form as well as in SDF (Standard Digital File) format. 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.
b) The Planning Board must by a majority vote make a finding that the site is in conformance
with the approved plan.
c) The Planning Staff shall review the site. If weather conditions do not permit the
completion of the landscaping prior to the use of the building, 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.
6) The applicant must comply with the conditions set forth in the Watershed Special Permit
approved on October 1, 2013 and the Conservation Commission Order of Conditions related to
this project.
7) 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) 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.
c) 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.
8) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
10)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.
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1077 Osgood Street, Map 35 Lot 27
Site Plan Review Special Permit
11)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.
12) Should the Project Owner transfer ownership of the project and/or property prior to
completion and submission of the final as-builts, the buyer shall meet with the Planning
Board to provide an update on the status of the project.
13)This Special Permit approval shall be deemed to have lapsed October 1, 2015 (two years
from the date of issuance) 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. Substantial use or construction will be determined by a majority vote of the Planning
Board.
14)The applicant is hereby notified that should the applicant disagree with this decision, the
applicant has the right under MGL Chapter 40A Section 17, to appeal this decision within
twenty days after the date this decision has been filed with the Town Clerk.
15)This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
Plan titled: Pentucket Bank at Butcher Boy Marketplace 1077 Osgood Street
North Andover, Massachusetts 01845
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Prepared by: Lynnfield Engineering, Inc.
199 Newbury Street, Suite 115
Danvers, Ma 01923
Scale: F= 50'
Date: March 15, 2013 revised June 26, 2013, August 1, 2013, and
August 29, 2013
Sheets: C1 through C11, Lighting Plan E-1, E-2, Landscape Plan L-1,
Vehicular Access Plan VA-1, and Elevation Plans A210 and A211
Report: Storm Water Management Report
Prepared for: Angus Realty Corporation
Prepared by: Lynnfield Engineering, Inc.
199 Newbury Street, Suite 115
Danvers, MA 01923
Date: March 15, 2013, Revised to August 1, 2013
Report: Inspection&Maintenance Plan
Date: March 15, 2013, Revised to September 16, 2013
Prepared by: Lynnfield Engineering, Inc.199 Newbury Street, Suite 115Danvers,
MA 01923
Report: Traffic Impact and Access Study
Prepared by: Bayside Engineering
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1077 Osgood Street, Map 35 Lot 27
Site Plan Review Special Permit
Date: November 27, 2013
Report: Landscape Plan
Prepared by: James K. Emmanuel Associates
Date: June 24, 2013
Report: Vehicular Access Plan
Prepared by: Lynnfield Engineering, Inc.199 Newbury Street, Suite 115Danvers,
MA 01923
Date: August 29, 2013
Report: Architectural Elevations
Prepared by: Lloyd Architects
Date: April 25, 2012
cc: Director of Public Works
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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