HomeMy WebLinkAbout2011-09-20 Planning Board Supplemental Materials (5)
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
Phone: 978-688-9535
Fax: 978-688-9542
NOTICE OF DECISION
LOT SLOPE EXCEPTION SPECIAL PERMIT
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: September 20, 2011
Date of Hearings: September 20, 2011,
Date of Decision: September 20, 2011
Application of: The Shelter Group, Inc.
218 North Charles Street, Suite 220
Baltimore, MD 21201-4019
Property Owner: Boston Hill Development, LLC
100 Andover Bypass, Suite 300
North Andover, Massachusetts 01845
Property: 1275 Turnpike Street (Assessors Map 107A, Parcels 149, 283 and 284)
Referring to the above petition for a Lot Slope Exception Special Permit from the requirements of the North
Andover Zoning Bylaw, Sections 8.10 and 10.31
So as to allow the construction of up to a 140 unit Continuing Care Retirement Center, with associated,
grading, parking, utilities, landscaping, within the Village Residential (V-R) Zoning District, on a lot
containing areas with natural slopes exceeding 33% (3:1) over a horizontal distance of 30 feet as measured
perpendicular to the contour on a tract or parcel of land.
nd
After a public hearing given on the above date, and upon a motion by R. Rowen and 2 by R. Glover to
APPROVE
a Special Permit based upon the following conditions. Vote was 5-0 unanimous in favor of the
application.
On behalf of the North Andover Planning Board
John Simons, Chairman
Richard Rowen
Michael Colantoni
Rickey Glover
Timothy Seibert
The Shelter Group
1275 Turnpike Street
Lot Slope Exception Special Permit
The project is located in the Village Residential (V-R) Zoning District and is located on property
shown on the North Andover Assessors Maps as Map 107A, Parcels 149, 283 and 284 consisting of
approximately 33.35 acres of land with frontage on Turnpike Street, and is depicted on a plan
entitled “Consolidation Plan, Boston Hill in North Andover, MA, “ dated July 20, 2010, prepared by
Marchionda & Associates, LP, and endorsed as an Approval Not Required (ANR) Plan on August 5,
2010. This Special Permit is requested by the applicant, The Shelter Group, 218 North Charles
Street, Suite 220, Baltimore, MD 21201-4019.The applicant submitted a complete application,
which was noticed on September 6 and September 13, 2011, and reviewed in accordance with
Sections 8.10 and 10.31 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,
.
Section 9
The Planning Board voted unanimously (5-0) in favor of the Special PermitA special permit issued by
.
the special permit granting authority requires a vote of at least four members of a five-member board.
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 to this decision within twenty days
after the date this decision has been filed with the Town Clerk.
In accordance with 8.10 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific
findings of fact:
criteria, is met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1.The Planning Board has worked to assist in the proponent’s design of the Project so that it will
minimize the disturbance of the Property’s steep slope and maximize the retention of natural
topographic features, as described in the Site Plan Special Permit and CCRC Special Permit
Decision, dated April 6, 2010. The Applicant proposed certain adjustments to the Project which
were approved by the Planning Board in its Notice of Decision (Insubstantial Change), dated
July 5, 2011.
2.The areas with natural slopes exceeding 33% (3:1) over a horizontal distance of 30 feet as
measured perpendicular to the contour on the parcel have been excluded from the minimum lot
size area required for the applicable zoning district (Village Residential 43, 560 sq. ft.):
a)The total area of slopes equal to or steeper than 3:1 is 1.1 acres.
b)The total parcel area less slopes equal to or steeper than 3:1 = 33.3 – 1.1 = 32.2
acres.
c)The total area of slopes equal to or steeper than 3:1 to be disturbed = 18,000 sq. ft.
3.Section 8.10.1.f of the Zoning Bylaw enables the Planning Board to grant a special permit for
exemption from the provisions of this section if, in the Board’s opinion, the proposal satisfies the
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The Shelter Group
1275 Turnpike Street
Lot Slope Exception Special Permit
purposes of Subsection 8.10.1.a, and in cases where the proposal includes disturbing or creating
slopes exceeding 33%, the request for special permit is accompanied by:
a)A geotechnical report prepared by a registered professional civil engineer in the
Commonwealth of Massachusetts that recommends methods for slope
stabilization.
b)A commitment from the applicant to fund construction inspection services of a
geotechnical engineer.”
4.A geotechnical report was prepared by Dr. Clarence Welti, P.E., P.C., a registered professional
civil engineer, dated January 30, 2009, and a letter was presented by Paul A. Marchionda, P.E. of
Marchionda & Associates, L.P. as part of the required submittals for the Continuing Care
Retirement Center Special Permit (CCRC), approved by the Planning Board on April 6, 2010.
Dr. Welti’s report addressed several methods for stabilization of the cut slopes, including the use
of a tiered retaining wall system, which is shown on the approved plans.
one-hundred thousand dollars
5.A Slope Stabilization Bond in the amount of ($100,000) was
required by the CCRC Special Permit, for the purpose of ensuring the stabilization of the slopes.
These monies or the balance thereof will not be released until three years from the date of
completion of slope construction. For purposes of this section, “date of completion of slope
construction” shall be defined as the date that the Town’s Construction Monitor certifies in
writing to the Planning Board that the slopes and associated retaining walls have been
constructed in accordance with approved plans and this decision. Furthermore, the Town’s
Construction Monitor shall not make this determination until a joint site visit has been scheduled
with the Planning Board.
6.The CCRC Special Permit also requires that the retaining walls shall be designed and stamped by
a structural engineer registered in the state of Massachusetts. Stamped plans and calculations
shall be submitted to the Planning Department and the Building Inspector prior to construction.
The submittal of plans is for informational purposes only. The applicant must apply for and
receive a building permit to be issued for the retaining walls at both the front and rear of the
property.
7.
The purpose and intent of the regulations contained in Subsection 8.10.1.a (Purposes) of the
Lot/Slope provisions of the Zoning Bylaw are met.
8.In accordance with Section 10.31 of the Zoning Bylaw, the Planning Board finds that all the
following conditions are met.
a)The specific siteis an appropriate location for such a use, structure or condition
since the Property is zoned for a continuing care retirement center, and the site
layout compliments the surrounding uses and provides for adequate access, as
well as for adequate water and other utilities.
The use as developed will not adversely affect the neighborhood character since
b)
the lot area is well in excess of minimum requirements, and the proposed CCRC
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The Shelter Group
1275 Turnpike Street
Lot Slope Exception Special Permit
building will be set back in a manner consistent with requirements under the
Zoning Bylaw.
Social, economic, or community needs which are served by the proposal since the
c)
Project will provide for additional opportunities for senior care by a well-known
service provider at a density which is less than would otherwise could be
developed in the CCRC Zoning District at the Property. From an economic
standpoint, the Project will serve as a new source of tax revenue to the Town, and
return a currently vacant, unused site back to productive economic use while at
the same time permanently preserving a critical land area as open space.
There will be no nuisance or serious hazard to vehicles or pedestrians since
d)
driveways have been located to provide for the best available sight distance along
Turnpike Street, and the layout has been designed to maximize on-site and off-site
safety for pedestrians and vehicles.
Adequate and appropriate facilities will be provided for the proper operation of
e)
the proposed use serviced by municipal water and other
since the Project will be
utilities that adequately address the needs of the Project. Stormwater
management facilities will provide adequate treatment of stormwater in
accordance with applicable requirements.
The use is in harmony with the general purpose and intent of the Zoning Bylaw
f)
for the reasons described above.
Upon reaching the above findings, the Planning Board also finds that the project generally complies
with the requirements of the North Andover Zoning Bylaw, but imposes the following conditions in
order to be fully in compliance with the North Andover Zoning Bylaw. Based upon the foregoing, the
Planning Board hereby votes to approve this Special Permit as described in the “Plans” and other
supporting information described in the public record, provided the following conditions are met:
Special Conditions:
Permit Definitions
1.:
a)The “Property” refers a 33.35 acres of land fronting on Turnpike Street, as shown on
Assessors Map 107A, Parcels 149, 283 and 284, also known as 1275 Turnpike Street,
North Andover, Massachusetts, and as depicted on a plan entitled “Consolidation
Plan, Boston Hill in North Andover, MA, “dated July 20, 2010, prepared by
Marchinoda & Associates, LP, and endorsed as an Approval Not Required (ANR)
Plan on August 5, 2010..
b)The “Plans” refer to the plans prepared by Marchionda and Associates, Stoneham
MA 01028, entitled “Special Permits Plan, Notice of Intent Plan and Stormwater
Pollution Prevention Plan for The Arbors at North Andover”, Applicant Elm
Development Services, LLC 200 North Main Street, East Longmeadow MA 01028,
revised to March 3, 2010. The Plans also include the “Lot Area Calculation Plan,
Special Permit Plan per Zoning Bylaw Section 8.10 for The Arbors at North Andover,
North Andover, MA, Applicant, The Shelter Group, dated August 10, 2011”.
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The Shelter Group
1275 Turnpike Street
Lot Slope Exception Special Permit
c)The “Project” or “1275 Turnpike Street” refers to the construction of a 133 unit
CCRC housing development, with associated, grading, parking, utilities, landscaping,
in the Village Residential (VR) district on Turnpike St., at the location of the former
.
Boston Hill ski area as shown on the “Plans” as defined above
d)The “Applicant” refers to The Shelter Group, Inc., the applicant for the 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.This decision must be recorded with the North Essex Registry of Deeds after the expiration
of the 20-day appeal period. Included as a part of this decision are the following plans:
3.“Lot Area Calculation Plan, Special Permit Plan per Zoning Bylaw Section 8.10 for The
Arbors at North Andover, North Andover, MA, Applicant, The Shelter Group, dated August
10, 2011”.
4.Any changes made to these plans must be approved by the Town Planner. Any changes
deemed substantial by the Town Planner would require a public hearing and a modification
by the Planning Board.
Prior to any site disturbance
5.:
a)All erosion control devices must be in place as shown on the plan.
b)This decision, along with “The Plans” must be recorded at the North Essex Registry
of Deeds and a certified copy of the recorded decision and plan must be submitted to
the Planning Office.
c)All of the items listed in the CCRC Special Permit decision dated April 10, 2010,
section 6 must be met.
Prior to the issuance of a Building Permit
6.:
a)All of the items listed in the CCRC Special Permit decision dated April 10, 2010,
section 7 must be met.
Prior to Certificate of Occupancy issuance
7.:
a)All of the items listed in the CCRC Special Permit decision dated April 10, 2010,
section 9 must be met.
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The Shelter Group
1275 Turnpike Street
Lot Slope Exception Special Permit
8.The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
9.Gas, telephone, cable, and electric utilities shall be installed as specified by the respective
utility companies.
10.No open burning shall be done except as is permitted during the burning season under the
Fire Department regulations.
11.No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
12.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.
13.This permit shall be deemed to have lapsed after a two (2) year period from the date, on
which the Special Permit was granted, September 20, 2011, unless substantial use or
construction has commenced. Therefore the permit will lapse on September 20, 2013.
14.The following shall be deemed part of this decision:
Special Permits Plan, Notice of Intent Plan and Stormwater Pollution
Plans titled
:
Prevention Plan for The Arbors at North Andover,” Applicant, Elm
Development Services, LLC 200 North Main Street,, East Longmeadow MA
01028, revised to March 3, 2010.
Consolidation Plan, Boston Hill in North Andover, Ma. Prepared for Boston
Hill Development LLC, 100 Andover By-Pass North Andover, MA 01845,
dated July 20, 2010.
Lot Area Calculation Plan, Special Permit Plan per Zoning Bylaw Section
8.10 for The Arbors at North Andover, North Andover, MA, Applicant, The
Shelter Group, dated August 10, 2011.
A geotechnical report, prepared by Dr. Clarence Welti, P.E., P.C., a registered
professional civil engineer, dated January 30, 2009.
The Shelter Group, Inc.
Prepared for:
218 North Charles Street, Suite 220
Baltimore, MD 21201-4019
Marchionda & Associates, LP
Prepared by:
62Montvale Avenue, Suite 1
Stoneham, Massachusetts 02180
1” = 80’
Scale:
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The Shelter Group
1275 Turnpike Street
Lot Slope Exception Special Permit
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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