HomeMy WebLinkAbout2013-04-02 Planning Board Supplemental Materials (148)
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:
April 2, 2013
Date of Hearing:
April 2, 2013
Date of Decision:
April 2, 2013
Petition of: Douglas Mund/Douglas Mund Design Group
132 King Street
Groveland, MA 01834
Premises Affected: 110 Sutton Street, Assessors Map 17 Lot 9.
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 two-story 3,796 sq. ft. addition to an existing building. The project
includes stormwater drainage improvements and landscaping within the General Business (GB) Zoning
District.
nd
APPROVE
After a public hearing given on the above date, and upon a motion by XX and 2 by XX to the
X – 0 in favor
Site Plan Special Permit as amended and based upon the following conditions. Vote was of
the application.
__________
On behalf of the North Andover Planning Board
John Simons
Richard Rowen
Michael Colantoni
Dave Kellogg
Lynne Rudnicki
Lora McSherry
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110 Sutton Street.
Map 17, Parcel 9
Site Plan Special Permit – 3,796 sq. ft. addition
The Planning Board herein APPROVES the Site Plan Special Permit to allow the construction of a two-story
3,796 sq. ft. addition to an existing building and parking lot. The project includes stormwater drainage
improvements and landscaping within the General Business (GB) Zoning District. The project is located at
110 Sutton St., North Andover, Massachusetts, 01845, Assessors Map 17, Parcel 9 within the General
Business (GB) Zoning District. The parcel totals approximately 53,943 sq. ft. with frontage on Sutton St.
This Special Permit was requested by Douglas Mund of Douglas Mund Design Group, 132 King St.,
Groveland, MA 01834. The application was filed with the Planning Board on or about February 15, 2013.
The public hearing on the above referenced application was opened on April 2, 2013, and closed by the North
Andover Planning Board on April 2, 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 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 addition to an existing
commercial building within the General Business (GB) District.
2) Based on input received from both the Planning Board and the Planning Board’s stormwater
management consultant the applicant is providing for treatment of both volume and flow of
stormwater for the existing parking lot and for the new addition, thus complying with Massachusetts
Stormwater Standards, as well as the Planning Board’s Site Plan Review standards.
3) Runoff from the existing parking area will be directed towards two sediment forebays, located at the
northern edge of the existing parking area. These forebays are designed to capture, pre-treat and
attenuate the flow from the parking area. Also, a level spreader to disperse discharge along the bank
of the river will be constructed. The existing pavement in front of the new addition will be removed
and replaced with loam and seed and roof drainage from the addition will be discharged onto the new
lawn area.
4) The Planning Board’s consulting stormwater engineer has stated that the proposed work is consistent
with the state’s Stormwater Management Standards for redevelopment projects. The design also
exceeds the compensatory storage requirements for construction in a flood zone. See letter from
Eggleston Environmental dated March 15, 2013.
5) The use as developed will not adversely affect the neighborhood as the existing building is in the
General Business (GB) Zone.
6) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a
significant impact on pedestrian safety and vehicular circulation since the existing parking area
provides sufficient parking spaces for the building addition.
7) 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:
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110 Sutton Street.
Map 17, Parcel 9
Site Plan Special Permit – 3,796 sq. ft. addition
DEFINITIONS and WAIVERS
1) Permit Definitions:
A) The “Locus” or “Site” refers to the 53,943 sq. ft. parcel of land with land fronting on Sutton
Street as shown on Assessors Map 17, Parcel 9, and also known as 110 Sutton Street, North
Andover, Massachusetts.
B) The “Plans” refer to the plans prepared by DGT Survey Group – North Shore entitled
“Preliminary Site Improvement Plan 110 Sutton Street in North Andover, Mass Essex County.”,
dated February 15, 2013 consisting of Sheets 1 through 3,
C) The “Project” refers to theconstruction of a two-story 3,796 sq. ft. addition to an existing
building. The project includes stormwater drainage improvements and landscaping within the
General Business (GB) Zoning District.
D) The “Applicant” refers to Douglas Mund/Douglas Mund Design Group, 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
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from time to time, which can include but is not limited to thepplicant, developer, and owner.
2) Waivers: 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.
SPECIAL CONDITIONS:
) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION
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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) 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.
Construction of the stormwater management improvements shall be implemented during the first
phase of construction and during a period of low flow in the Merrimack River.
D) The applicant shall provide a copy of project approval from the Natural Heritage Endangered
Species Protection program (NHESP).
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
2)
five thousand dollars$5,000.00)
A) 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 and stormwater management
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110 Sutton Street.
Map 17, Parcel 9
Site Plan Special Permit – 3,796 sq. ft. addition
improvements. 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.
B) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
C)
The applicant shall designate an independent construction monitor who shall be chosen in
consultation with the Planning and Conservation Departments. The monitor will oversee the
construction of the stormwater management system to ensure that the system is built according to
the plan and that the level spreader functions properly. The construction monitor must be
available upon four (4) hours notice to inspect the site with the Planning Board designated
official. The construction monitor shall make weekly inspections of the project and file monthly
reports to the Planning Board throughout the duration of the project. The monthly reports shall
detail area of non-compliance, if any, and actions taken to resolve these issues.
D) 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.
E) A pre-construction meeting must be held with the developer, their construction employees, Planning
Department, and other applicable departments, to discuss the construction schedule.
3) 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.
4) 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.
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110 Sutton Street.
Map 17, Parcel 9
Site Plan Special Permit – 3,796 sq. ft. addition
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
4)
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. 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.
C) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
5) GENERAL CONDITIONS
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 April 2, 2015
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 Permit Site Plan.
I) The following information shall be deemed part of the decision:
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110 Sutton Street.
Map 17, Parcel 9
Site Plan Special Permit – 3,796 sq. ft. addition
Plan titled: “Preliminary Site Improvement Plan 110 Sutton Street in North Andover, Mass
Essex County.”
Prepared for: Nancy Chippendale’s Dance Studios
110 Sutton Street
North Andover, MA 01845
Prepared by: DGT Survey Group – North Shore
18 Center Street, Suite 1
Newburyport, MA 01950
Date: Dated February 15, 2013
Sheets: 1 through 3
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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