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HomeMy WebLinkAbout2012-04-12 Planning Board Supplemental Materials (4) PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover, Massachusetts, 01845 SITE PLAN REVIEW DECISION - DRAFT Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: April 3, 2012 Date of Hearing: February 7, 2012, February 21, 2012, and March 20, 2012, April 3, 2012 Date of Decision: April 3, 2012 Petition of: Dundee Properties, 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 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 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. The project also includes the demolition of an existing single-family dwelling unit in the Business-4 (B-4) Zoning District. After a public hearing given on the above date, and upon a motion by X and 2nd by X to APPROVE the Site Plan Special Permit as amended and based upon the following conditions. The vote was X – 0 in favor of the application. __________ On behalf of the North Andover Planning Board John Simons, Chairman Richard Rowen Timothy Seibert Michael Colantoni Dave Kellogg The Planning Board herein APPROVES a Site Plan Review Special Permit 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. The project also includes the demolition of an existing single-family dwelling unit in the Business-4 Zoning District. 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 was requested by Dundee Properties, LLC, c/o Jeffery D. Sheehy, PO Box 3099, Andover, MA 01810. The application was filed with the Planning Board on or about January 5, 2012. The public hearing on the above referenced application was opened on February 7, 2012, with additional hearings on February 21, 2012, and closed by the North Andover Planning Board on April 3, 2012. 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: The specific site is an appropriate location for the project as it is the construction of a new commercial building in a commercial district (Business 4), and includes changes to the stormwater management system that will improve the drainage on the lot, as well as extensive landscaping that will provide a buffer to existing properties as well as a buffer to Peters St. Based on input received from both the Planning Board, the Planning Board’s consultants, the applicant has provided sufficient stormwater management facilities to mitigate flow of stormwater by providing an underground retention system, a drywell and an overflow swale with a stone trench. This design will not only provide mitigate the flow of stormwater, but will also prevent direct discharge of flow onto Peters St., thus complying with the Planning Board’s Site Plan Review standards. The design of the stormwater facilities is not in full compliance with Massachusetts DEP standards, however, that standard is not a requirement of the North Andover Site Plan Review Zoning Bylaw. There is sufficient room within the current site for the new parking spaces, which will accommodate the proposed use as either professional or medical offices. 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: Permit Definitions: 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. 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. The “Project” refers to 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. The project also includes the demolition of an existing single-family dwelling unit in the Business-4 Zoning District. The “Applicant” refers to Dundee Properties, LLC, c/o Jeffrey D. Sheehy, PO Box 3099, Andover MA 01810, the applicant for the Special Permit, its successors and assigns. 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: The Applicant has requested waivers from the following provisions of the Town of North Andover Zoning Bylaw, including 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 ENDORSEMENT OF PLANS The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover land use Boards. 4) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION Three (3) copies of the signed, recorded decision and the recorded plans must be delivered to the Planning Department. 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) hours notice to inspect the site with the Planning Board staff. 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. A bond in the amount of ten thousand dollars ($10,000.00) 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 bond account. An updated SWPPP (Stormwater Pollution Prevention Plan) and an updated Stormwater Operations and Maintenance Plan shall be submitted to the Planning Office. All stormwater management best practices shall be maintained as specified in the Stormwater Operations and Maintenance Plan that was submitted with the Notice of Intent to the Conservation Commission. All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. These measures must include erosion control to protect all existing and proposed catch basins and oil traps on the site or on the streets adjacent to the project. 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. A pre-construction meeting must be held with the developer, their construction employees, Planning Department and other applicable departments, to discuss scheduling of inspections to be conducted on the project and the construction schedule. 5) DURING CONSTRUCTION Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. 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. 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. PRIOR TO A CERTIFICATE OF OCCUPANCY 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. All stormwater structures shall be cleaned, in accordance with the approved Stormwater Operation & Maintenance Plan. 7) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS 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. 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. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 8) GENERAL CONDITIONS The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 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. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 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 approve by the Planning Office. 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. 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. 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. This Special Permit approval shall be deemed to have lapsed after April 3, 2014 (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. 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 01844Scale: 1” = 20’ Date: Dated December 13, 2011, last revised on February 27, 2012. 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 Stormwa ter Report: 102 Peters Street Dated: December 14, 2011, last revised February 27, 2012 cc: Town Departments Applicant Engineer Abutters Assessor