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HomeMy WebLinkAboutMiscellaneous - 16 BERRY STREET 4/30/2018 (7) qo� ,'Ynr ❑SP 0 Finding Z 1pplicntion filed on: Hearing due on: Decision due on: �� SI'yne o Ac 'SEIB 1= x289 ` DECISION ZONING BOARD OF APPEALS Date: March 11. 2014 RE: Application for a Comprehensive Permit by North Andover HoldiAks LLC' PROCEDURAL HISTORY 1. On or about December 28, 2012 North Andover Holdings LLC (the "Applicant'), applied for a Comprehensive Permit,pursuant to G.L. Ch. 40B (the"Act"), to construct two hundred forty (240) units of rental housing, a community house and a swimming pool on approximately 26.86 acres located along Berry Street in North Andover, Massachusetts (the "Project") in the R-3 zoning district. During the course of the hearing, the Applicant reduced the number of units to 196 on 26.09 acres more or less. 2. The materials submitted by the Applicant in its application and during the public hearing include: Application for a Comprehensive Permit Plans for Riding Academy Preserve A Rental Project of 240 Units of Housing by North Andover Holdings LLC dated December 28, 2012(the"Application") Multi-Family Residential Development Comprehensive Permit Plans of the Riding Academy Development Berry Street,North Andover prepared for North Andover Holdings LLC by Goldsmith,Prest&Ringwall dated March 2013 revised through 1/14/1418 sheets(Cl.l —C7.8) ["Site Plans"] Landscaping and Lighting Plans—Project Riding Academy Development,North Andover,Mass. prepared by Huntress Associates,Inc. dated 7/1/13 revised through 1/17/14, 8 sheets(Ll-L8) ["Landscaping Plans"] Riding Academy Development Architectural Plans A 40B Apartment Complex Berry Street North Andover,Massachusetts 12/2/2013 prepared by David M. White,Architect for North Andover Holdings,LLC, Cover sheet+sheets PAI-6, PB.0-7; PC.0-6,PD.0-7,U1-5,PE.1-2,As.01-02 ["Architectural Plans"] Progress Print Conservation Restriction Plan of Land in North Andover,Mass. dated November XX 2013 drawn by Goldsmith,Prest&Ringwall,Inc. Draft Conservation Restriction(no date) This Is to ce ft that twenty(20)days have elapsed from date of decision,filed without flfing of appeal .toyoeA Brulshaw AT Mff' Tom Cleric A True Copy Towo Clerk q A• e Conceptual Roadway Improvement Plan Salem Turnpike(Rte. 114)Berry Street, North Andover,Prepared by MDM Transportation Consultants dated June 17, 2013 ("Conceptual Roadway Improvement Plan"). Security Plan prepared by The Dolben Company submitted January 15,2014. Stormwater Management Report prepared by Goldsmith,Prest&Ringwall,Inc. dated March 2013 revised through November 27,2013,supplemented by information in appendices to Response of Goldsmith,Prest&Ringwall,Inc.to December 11,2013 Eggleston Environmental Peer Review dated January 14, 2014. Long Term Pollution Prevention and Stormwater Operations and Maintenance Plan prepared by Goldsmith,Prest&Ringwall,Inc. dated March 2013,revised through November 27,2013. Technical Report-Historic Cemetery Delineation,Berry Street Cemetery,Riding Academy Preserve Project Plan,North Andover,Mass.-Submitted by The Public Archaeology Laboratory,Inc.dated June 2013. Traffic Impact and Access Study prepared by MDM Transportation Consultants, Inc.-Berry Street,North Andover, dated March 2013. 3. The Zoning Board of Appeals (the "Board') opened a duly advertised j public hearing on January 24, 20ja and continued the hearing to February 26,2013, May 6, 2013,June 13, 2013, July 23,2013, October 1, 2013, October 22,2013,November 12, 2013,December 10,2013,and January 28,2014. 4. On January 28,2014,the Board closed the public hearing,keeping it open for the sole purpose of receiving from the North Andover Historic Commission its comments on the significance of the building to be demolished on the Project site. 5. The Board deliberated on the Application at public meetings held on February 11,2014, February 25,2014 and March 11,2014 and on March 11, 2014 voted to grant the Comprehensive Permit subj ect to the conditions listed below. 6. The following consultants assisted the Board in its review of the Application: Engineering: Lisa Eggleston,P.E Eggleston Environmental Sudbury,MA. Site design and traffic: Timothy McIntosh, PE, Howard Muise, PTOE and James Fasser Vanasse Hangen Brustlin,Inc. Watertown,MA Sewer: Tara E.McManus,PE Weston&Sampson Peabody,MA MHP Fund: Edith M.Netter,Esq. (Ch.40B Advisor) Edith M.Netter&Associates,P.C. Waltham, MA 7. The Board notified all local boards and commissions of the filing of the Application by sending a copy thereof to such local boards and commissions for their recommendations, all of which have been made a part of the record of these proceedings and have been taken into consideration by the Board in rendering its decision. FINDINGS 1. The Applicant and the Project are qualified pursuant to 760 CMR 56.04 in that MassHousing in a Project Eligibility Letter dated December 3, 2012 has determined that: a) the Applicant is a limited dividend organization. b) the Project is fundable by a subsidizing agency in compliance with 760 CMR 56.04(1)(b). c) the Applicant has"control of the site"as that term is used in 760 CMR 56.04(1)(c). 2. The Town of North Andover does not have 10% of its total housing units available to low and moderate income households. According to the DHCD Subsidized Housing Inventory("SHI") as defined in 760 CMR 56.02 as of May 10, 2012 the Town had 6.2%of its total housing stock available to low and moderate income families. 3. As proposed, the Project includes 5 four-story buildings, each with 48 dwelling units: 30 three-bedroom units, 145 two-bedroom units and 65 one-bedroom units (two of which will have dens). As proposed, the Project includes 436 parking spaces of which 80 will be underground and will be served by municipal water and sewer. 4. As proposed the Project will receive New England Fund (NEF) financing and as required by NEF at least twenty-five percent(25%)of the units in the Project will be restricted for rental by households earning at or below eighty (80%) percent of the Lawrence area median income. 5. The Applicant stated that the Project as originally submitted to the Board included 16.85 buildable acres and that the remaining land is wetlands, floodplain, and land subject to a Declaration of Restriction recorded at Essex North Registry of Deeds A, ` Book 12807 Page 232 as required by the Massachusetts Natural Heritage and Endangered Species(NHES)program. 6. The Site includes Berry Farm Cemetery, for which the Applicant submitted a "Technical Report" by the Public Archeology Laboratory, Inc. dated June 2013. 7. Based on the letter dated 9/17/13 from Weston& Sampson to the North Andover Department of Public Works (DPW), the Board finds that the existing interceptor pipelines and the pumps in the sewer stations are of adequate size and capacity to handle the estimated increase inflows from the Project. 8. The Project, as conditioned below, is consistent with local needs, as required by the Act. DECISION Pursuant to the Act, the Board, after convening a public hearing and making findings of fact, grants a Comprehensive Permit to the Applicant for the construction of one hundred ninety-six (196) units of rental housing, a community house and a swimming pool with associated infrastructure improvements, subject to the conditions listed below. CONDITIONS: 1. The Project shall be constructed in conformance with the Site, Architectural, and Landscaping Plans listed above in item 2 under Procedural History (together,the "Plans")unless otherwise specified in this Decision, and this Decision. The Plans are subject to review and approval by the Director of the Division of Community Development (CDD) based on conformance with the most recent correspondence to the Board on this Project written by Town departments, boards and commissions and peer review consultants (which correspondence is listed below) and this Decision. The CDD shall seek input from the Board prior to making his determination. DPW 12/31/13 letter Fire Department 5/29/13 letter Police Department 12/20/13 letter Health Department 12119/13 letter VHB 1/28/14 email Eggleston 1/21/14 letter 2. The Project shall include no more than 196 (one hundred-ninety six)units of rental housing in no more than four apartment buildings,which buildings are shown on the Architectural Plans and 130 underground parking spaces and 191 surface parking spaces. y A 3. The units shall have a maximum number of bedrooms as follows: Number of Unrts Npmber'of Bedro_ 65 One 18 One with den 95 Two 18 Three 196(Total) 327=total number of bedrooms 4. With respect to the Applicant's request for Waivers from local bylaws and regulations, the Board approves those waivers listed in Attachment I. To the extent the waivers listed in Attachment I conflict with those listed on the Plans, the Attachment 1 list governs. 5. The location of the school bus stop (on-site or on Berry Street) shall be determined on an annual basis by the North Andover school department. Housing 6. At least twenty-five percent of the units(49) shall be reserved in perpetuity (and qualifying for the Subsidized Housing Inventory) for rental and occupancy by households earning at or below eighty (80%) percent of the Lawrence area median income adjusted for household size as defined by the"U.S. Department of Housing and Urban Development pursuant to section 3 of 42 U.S.C. 1437 (the Housing Act of 1937) ("Affordable Units"). 7. In accordance with "Guidelines G.L.C. 40B Comprehensive Permit Projects Subsidized Housing Inventory" and to the extent allowed by law, MA Department of Housing and Community Development, preference for renting up to 70% (seventy percent)of the Affordable Units shall be given to residents of the Town of North Andover (Town) , which for this purpose is defined as anyone currently living in the Town(at the time of application to rent a unit), employees of businesses located in Town, Town employees or households with children attending school in the North Andover School District. Subject to approval by MassHousing, the Applicant shall manage the lottery to select tenants (the "Lottery Agent"). The Applicant shall bear all Lottery Agent costs. The Applicant retains the responsibility to ensure that the lottery complies with all legal requirements. 8. If a lottery for determining who may rent an Affordable Unit is won by a handicapped person, the Applicant shall make a handicapped-accessible Affordable Unit available to that person. 44 Architecture 9. The buildings in the Project and units in the buildings shall conform to the Architectural Plans, except that vinyl siding may be on the fourth floor only (not on the first three floors). Exterior building materials shall be subject to review and approval by the CDD and shall include clapboard, shingles and stone and may include vinyl siding on the fourth floor only and in no other location in the Project. Open Space and Landscaping 10. In addition to the 11.98 acres proposed by the Applicant to be subject to a conservation restriction, prior to the issuance of the first building permit, the Applicant shall place a Declaration of Restriction, prohibiting additional buildings and impervious surfaces but allowing passive recreation, on the open space on the remainder of the Site, the exact boundaries of which shall be subject to review and approval by the CDD. Infrastructure 11. The following portions of the Project shall be and shall remain forever private and the Town shall not have, now or ever, any legal responsibility for their operation,maintenance or repair: a. The stormwater management system b. Interior roadways,driveways and parking areas c. Open space including landscaping,trails, and the tot lot; d. Snow plowing and removal e. All sewer and water connections,lines and equipment required,from Berry Street to the buildings. L Lighting g. Trash disposal h. All site utilities including domestic water,fire protection,gas if applicable,electric,telephone,and cable system; i. Berry Farm Cemetery. 12. The Applicant shall operate, maintain and/or repair all the items listed in 11 (a)through(i)above. 13. The Applicant shall make, at its cost, the intersection improvements at Berry Street and Route 114 as shown on the Conceptual Roadway Improvement Plan and subject to final approval by MassDOT and such work shall be done in accordance with the construction specifications in Appendix I Sections Al-A7, Section E and Section F of the North Andover Subdivision Rules and Regulations and any other Town requirements for such improvements as determined by DPW. 1 14. The Applicant shall provide and pay for all engineering, survey and legal work necessary,as determined by the Department of Public Works(DPW), to transfer land within the new Berry Street right-of-way (as shown on the Site Plan and the Conceptual Roadway Improvement Plan to the Town). 15. The Project shall be connected to the municipal water and sewer systems; The Project shall meet as determined by DPW all Town technical requirements for such connection and use . The Applicant shall pay for peer review of the proposed water and waste water systems,including inspections and a determination that the system functions in a good and workmanlike manner. 16. All water and sewage facility designs shall be subject to review and approval by DPW. 17. During the construction of water, sewer and drainage systems the Applicant's Project Engineer shall be on-site at least weekly to inspect the installation of all such systems and shall certify in writing to the DPW that all aspects of such systems were properly installed in accordance with approved plans. 18. Applicant shall grade the Berry Street shoulder when relocating the stone wall on the Project side of the right-of-way in order to facilitate drainage from the paved area of Berry Street and away from the travelled way. 19. After construction on the Project has been completed, the Applicant shall furnish and install at its cost,the wearing(top)course on Berry Street on the area where the Project site abuts Berry Street as shown on the Conceptual Roadway Improvement Plan,the precise length of which shall be subject to review and approval by the DPW. 20. Applicant shall provide to the DPW, for its review and approval, a schedule for placement of the wearing (top) course of Berry Street at least 14 days prior to installation. 21. Applicant shall maintain and repair the binder course on Berry Street until the wearing/top course is placed. Prior to placing the wearing/top course on Berry Street the Applicant shall arrange for the DPW to inspect the binder course on Berry Street. The Applicant shall make those repairs to the binder course required by DPW. Pre-Construction Review 22. Prior to issuance of a Building Permit the Applicant shall: a. Demonstrate to the Inspector of Buildings that all plans have been approved by the CDD. b. Pay all peer review fees required by the Board or the Town to review the Project to ensure it complies with this Decision. ' 1 c. Initiate and participate in a pre-construction meeting to discuss the proposed construction schedule with its contractor and the Town, including but not limited to the Building, Engineering, and Conservation departments. d. Demonstrate that all required local and state approvals and permits have been obtained and demonstrate that it has obtained Final Approval from MassHousing pursuant to 760 CMR 56.04(7). e. Submit a Declaration of Restriction (referenced in Condition 10) to legal counsel for review and approval subject to Board input and provide evidence of recording to the Board and Inspector of Buildings. f. Provide a performance guarantee in an amount set by the Town Engineer and the Conservation Commission administrator with input from the Board, which guarantee shall be posted to ensure completion of the infrastructure (as listed below) in accordance with the Plans. The guarantee shall be in a form acceptable to the CDD with input from the Board. Items covered by the performance guarantee may include, but shall not be limited to: as-built drawings; sewers and utilities; roadway construction and maintenance; erosion control; site screening and street trees; drainage facilities/stormwater management system facilities; site restoration; final site cleanup; construction within the buffer zone and wetland replication and buffer zone enhancement. The performance guarantee will be reduced from time to time as work progresses and released upon approval by the Town Engineer, the Conservation Commission administrator and the CDD with input from the Board. Construction 23. During construction, the Applicant shall conform to all local, state, and federal laws regarding noise, vibration, dust, and blocking of any roads. The Applicant shall at all times use all reasonable means to minimise inconvenience to residents in the general area. The Applicant shall provide the Police Department with the name and 24 hour telephone number for the project manager responsible for construction. The hours + for operation of construction equipment and personnel are limited to: Monday — Saturday: 7:OOam to 5:00pm. Any noise or traffic complaints during these hours will be investigated and stipulations may be put in place by the Police Department based on reasonableness. The operation of construction equipment and personnel involved outside of these hours may be allowed on an emergency basis with the approval of the Chief of Police. 24. Applicant shall show on a plan any stockpiling of materials (dirt, wood, construction material, etc.) and shall not stockpile unless and until such plan has been reviewed and approved by the Conservation Commission administrator. Any approved piles shall remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. 25. Applicant shall ensure that no erosion from the site of construction occurs which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site utility construction or other off-site roadway construction. In the event of any off-site erosion or deposition the Applicant shall be given written notice and ten days to cure said condition. 26. In an effort to reduce noise levels, the Applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or the Project site. 27. During construction, Applicant shall provide the Inspector of Buildings with a monthly report outlining the status of the Project. The monthly reports shall detail areas of non-compliance with this Decision, if any, and actions taken to resolve these issues. Pre-Occupancy Permit Review 28. Prior to issuance of the Certificate of Occupancy for the final building the Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction,including storm water mitigation trenches and the inverts of all subsurface drainage structures and other pertinent site features. This as-built plan shall be submitted to the Town Engineer and the Inspector of Buildings for approval and must be provided in paper form as well as in SDF(Standard Digital File)format. The Applicant shall also submit a letter from the Project architect and engineer stating that the building,landscaping and site layout comply with the Plans as approved by the Board. General 29. The provisions of this Comprehensive Permit shall be binding upon the heirs,successors and assigns of the Applicant and the obligations shall run with the land. i30. The Applicant shall pay the costs of all inspections (as may be required)to ensure compliance with the conditions listed herein. 31. If any part of this Decision is for any reason held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of any other portion of this Decision. 32. The Board or its designee shall retain jurisdiction over the Project to ensure compliance with the terms and conditions of this Decision. 33. Upon execution by the members of the Board, the Clerk of the Board is directed to file this Decision with the Town Clerk and send a copy to the Applicant by certified mail,return receipt requested. 34. Any person aggrieved by this Decision may appeal pursuant to § 21 of the Act. 35. Subsequent to the end of all applicable appeal periods and prior to the commencement of construction, the Applicant shall record this Decision in the Essex North Registry of Deeds and shall provide the Board and the Inspector of Buildings with a copy of this Decision endorsed with the applicable recording information. 36. This Comprehensive Permit shall expire if construction is not commenced within three years from the date this Decision becomes final as provided in 760 CMR 56.05(12)(c), and subject to the tolling provisions of 760 CMR 56.05(12)(c). For purposes of this paragraph, commencement of construction is defined as the construction of the foundation of at least one of the Project's apartment buildings. The Applicant may apply to the Board for reasonable extensions to this Comprehensive Permit for good cause. 37. If the Applicant revises any of the Plans as approved by the various Town departments and/or the Board (or other materials listed in Item_2 of Procedural History), it shall present the revised plans to the Board in accordance with 760 CMR 56.05(11). 38. This Comprehensive Permit may be transferred by the Applicant only upon compliance with the requirements of 760 CMR 56.05(12)(b). 39. No underground storage of fuel oils shall be allowed on the Project site within one-hundred(100)feet of any wetland resource area. 40. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen, low phosphorous types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shallnot be used within 100 feet of a wetland resource area. 41. There shall be no storage of snow on any parking space. i RECORD OF VOTE The following members of the Board vote as follows to grant a Comprehensive Permit subject to the above-stated conditions: NORTH ANDOVER ZONING BOARD OF APPEALS By: X in favor against 6Ellen Mclntyr , eting air By: X in favor against Rich d y s, rk By: X in favor against D.PM och, r. By: in favor X against Allan E. Cuscia By: X in favor against Mich6l P.Viporto Wherefore a Comprehensive Permit, consistent with the conditions of this Decision, is granted to the Applicant. Filed with the Town Clerk on 11,91ze14 43 ,2014. Joyce a haw, Tokvn Clerk � l ATTACHM ENT 1 WAIVERS The following waivers are granted to the extent they are required for the Project as shown on the Plans: NORTH ANDOVER ZONING BYLAW: (LAST AMENDED MAY 21, 2013) Section 5—Earth Removal Activities: Requirement: Soil removal permit required for removal of earth incidental to construction per Section 5.5 &Section 5.6. Allow for removal of material and other earthwork as required for construction without the requirement of a local permit. Section 6.6(A)—Permitted Signs,Residential District—Accessory Signs: Requirement: One (1) sign oriented to each street on which the premises has access, either attached or ground, pertaining to an apartment development or a permitted non- residential principal use of the premises,such sign shall not exceed ten(10)square feet. Allow for three "entrance signs", one along Salem Turnpike not to exceed 15sf and two at the main entry off Berry Street, not to exceed 10 sf. The entrance sign along Salem Turnpike may have a not-to-exceed 6sf contact information sign underneath it as shown on the "entrance sign" detail on the Plans. Additional site interior signage as shown on the"miscellaneous signage" detail is proposed on-site along with standard traffic signs. Section 8.1 (4)-Off-Street General Parldng Regulations: Requirement: 1.5 off-street parking spaces per one bedroom dwelling unit and 2 off- street parking spaces per two or more bedroom dwelling unit. Allow a minimum of 1.6 total on-site parking spaces per dwelling unit, regardless of bedroom count, to serve the four multi-family residential buildings, common house, compactor/recycling area, and historic cemetery. Section 81 (5)(A)—Dimensions of Parking Spaces and Maneuvering Aisles: Requirement:Minimum maneuvering aisle width of 25 feet for two-way traffic. Allow a maneuvering aisle width of 24' for 2-way traffic. Section 8.1(5)(C)—Entrance and Exit Driveway: Requirement: The maximum width of driveways at the street line shall be twenty-five feet for facilities containing 5 or more stalls. Allow a 72± foot width of the driveway at the street line, supporting two 20 foot wide one-way travel lanes,a 12 foot wide landscape island,and a 25 foot curb radii. Section 8.3-Site Plan Review: Requirement:Application for Site Plan Review,which is to be reviewed by the Planning Board as a Special Permit. Site Plan Review not required. Table 1: Summary of Use Regulations(Also See Section 4.12): Requirement: "Multi-Family Dwellings & Apartments" not allowable use in the R3 Zoning District. Allow construction of four multi-family apartment buildings on a single lot consisting of 196 total units. Table 2: Summary of Dimensional Regulations: Requirement:Maximum building height of 35 feet. Allow construction of two four-story buildings (Building B & Building D) which measure 59'-0" from finish first floor to the roof peak, and construction of two three- story buildings (Building A & Building C) which measure 48'-0" from finish floor to roof peak.Building height as defined by the North Andover Zoning Bylaw is measured from average finish grade surrounding the building as follows: Building A: 49.5±feet Building B: 64.61 feet Building C: 51.0E feet Building D: 64.8±feet Table 2: Summary of Dimensional Regulations [Footnote 11: Requirement: In all districts except Village Commercial and any Corridor Development District front yard setbacks along Route 114 shall be a minimum of 100 feet. Allow construction of Common House building located 55.0+I1 feet from the Route 114 right-of-way property line. 13 Y GENERAL BYLAWS OF THE TOWN OF NORTH ANDOVER: (ADOPTED APRIL 23, 1979,AS AMENDED)THROUGH TOWN MEETING APRIL 2013 Chanter 82—Demolition Delay: Requirement: Review of all demolition permit applications by the North Andover Historical Commission for buildings which are in whole or in part one hundred years or more old. No waiver. No demolition permit may be granted for 16 Berry Street (more than 100- year-old building) unless Applicant demonstrates compliance with Chapter 82 - Demolition Delay Bylaw; other building permits for Project may be granted in conformity with this Decision. Chapter 154—Sewers: Requirement: Common sewers shall not be laid or connected to except by the town officials authorized by law to lay and maintain common sewers.No person shall enter his drain into any common sewer without a written license from the Board of Selectman. Allow the connection of a sewer line from the subject site into the common sewer system of Turnpike Street(Route 114), and the construction of public sewer manholes and sewer mains within the Berry Street right-of-way to complete said connection. All work to be performed by a sewer drain layer licensed by the Town of North Andover,to the extent applicable. All work to be performed under the direction of the DPW, to the extent applicable. Chanter 178—Wetlands Protection: The following list of waivers is from the North Andover Wetlands Protection Regulations (Effective 11-10-98, Revised 3-9-11) which is empowered under Section 178.9 of this Chapter. Section 3.2—Isolated Vegetated Wetland: Requirement: Proposed work in Isolated Vegetated Wetlands shall not destroy or otherwise impair any portion of said area. Allow the alteration of 843±square feet of Isolated Vegetated Wetland located adjacent to the Historic Cemetery with a compensatory wetland replication area proposed at a 2 to 1 ratio adjacent to existing pond#2 as shown on the Site Plans without requiring a waiver from the Conservation Commission. Requirement:No activity is permitted within 25 feet of the edge of a delineated Isolated Vegetated Wetland. Allow the construction of a paved driveway, retaining wall, subsurface utilities and grading within 25 feet of the Isolated Vegetated Wetland adjacent to the Historic Cemetery as shown on the Site Plans without requiring a waiver from the Conservation Commission. Requirement:No structures shall be permitted within 50 feet of the edge of a delineated Isolated Vegetated Wetland. All the construction of a paved driveway,retaining wall and subsurface utilities within 50 feet of the Isolated Vegetated Wetland adjacent to the Historic Cemetery as shown on the Site Plans without requiring a waiver from the Conservation Commission. Section 3.4—Buffer Zone: Requirement: No activity is permitted within 25-feet of the edge of a wetland resource areas. Allow minor grading and installation of stormwater management structure outfalls within 25-feet of Bordering Vegetated Wetlands as shown on the Site Plans without requiring a waiver from the Conservation Commission. The construction of a paved driveway, retaining wall, subsurface utilities and grading within 25 feet of the Isolated Vegetated Wetland adjacent to the Historic Cemetery as shown on the Site Plans without requiring a waiver from the Conservation Commission. Requirement: Construction of any kind is prohibited within 50-feet of the edge of wetland resource areas. Allow construction of a 20 foot wide paved driveway and retaining wall on the west side of Building B within 50-feet of a Bordering Vegetated Wetland as shown on the Site Plans without requiring a waiver from the Conservation Commission. Construction of a paved driveway, retaining wall and subsurface utilities within 50 feet of the Isolated Vegetated Wetland adjacent to the Historic Cemetery as shown on the Site Plans without requiring a waiver from the Conservation Commission. Allow construction of a paved driveway, retaining wall and subsurface utilities within 50 feet of the Isolated Vegetated Wetland adjacent to the Historic Cemetery as shown on the Site Plans without requiring a waiver from the Conservation Commission. Section 5.3—Vegetated Wetland Alteration: Requirement: Commission may grant waiver to allow for disturbance of up to 5,000 square-feet of Vegetated Wetland. Allow construction of paved parking and grading within Isolated Wetland adjacent to the Historic Cemetery without requiring a waiver from the Conservation Commission. Total area of Isolated Wetland to be altered is 843± square feet and compensatory wetland replication area at a ratio of 2 to 1 is proposed adjacent to existing pond 92 as shown on the Plans.