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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 1 110 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: 2 110 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 a 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 1 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 3 110 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. 4 110 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: 5 110 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 6