HomeMy WebLinkAbout2013-10-01 Planning Board Supplemental Materials (22) pORT#1
Q��SLED ,b qti Town of North Andover
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North Andover,Massachusetts 01845
NOTICE OF DECISION
WATERSHED 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: October 1, 2013
Date of Hearings: April 16, 2013, July 16,
2013, August 20, 2013, September 3, 2013,
September 17, 2013, October 1, 2013
Date of Decision: October 1, 2013
Petition of. Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Premises Affected: 1077 Osgood Street, North Andover, MA 01845, within the General
Business (GB) Zoning District,Assessors Map 35,Lot 27.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, Section 4.136.
So as to allow: to allow the construction of 3,672 sq. ft. Bank with two drive-thru tellers and one
drive-thru ATM, with 21 total parking spaces, drainage system network, grading and landscape
work within the General Business Zoning (GB) District and the Non-Disturbance and Non-
Discharge Zones of the Watershed Protection District.
After a public hearing given on the above date, and upon a motion by XX and 2nd by XX to
APPROVE the Watershed Special Permit for the Watershed Protection District as amended and
based upon the following conditions. Vote was 5 —0 in favor of the application.
Planning Board
John Simons, Chairman
Richard Rowen
Michael Colantoni
Dave Kellogg
Lynne Rudnicki
1077 Osgood Street, Map 35 Lot 27
Watershed Special Permit
The Planning Board herein approves the Watershed Special Permit for the construction of 3,672
sq. ft. Bank with a drive-thru, with two drive-thru tellers and one drive-thru ATM, 21 total
parking spaces, drainage system network, grading and landscape work within the General
Business Zoning (GB) District and the Non-Disturbance and Non-Discharge Zones of the
Watershed Protection District. The site is located at 1077 Osgood Street, Map 35, Lot 27. This
Special Permit was requested by Angus Realty Corporation. The application was filed with the
Planning Board on March 15, 2013. The applicant submitted a complete application, which was
noticed and reviewed in accordance with Section 2.30.1, 4.136, 8.1, 8.3, 8.4, 10.3, and 10.31 of
the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria, is met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1. The stormwater management is designed in accordance with the Town Bylaw
requirements and Best Management Engineering and Practices, and the most recent
version of the MA DEP Stormwater Handbook, and has been reviewed by the Town's
outside consulting engineer, Lisa Eggleston. The applicant altered the original drainage
design to provide for stormwater infiltration outside of Zone A (400 ft. from the Lake)
and has provided adequate safeguards to mitigate pollutants from entering the Lake and
the surrounding area. See letters from L. Eggleston dated April 10, 2013, July 15, 2013,
August 14, 2013 and September 12, 2013. The Planning Board has determined that there
will not be any significant degradation of the quality and quantity of water in or entering
Lake Cochichewick.
2. The applicant has proposed a stormwater management system that will include deep
sump catch basins, drywells for roof runoff, hydrodynamic separators, detention basins,
proprietary media filters and a subsurface infiltration structure. The infiltration systems
are designed to capture runoff from impervious surfaces, including roof runoff and to
provide treatment and flow attenuation before infiltration.
3. The applicant has provided attenuation for the volume of stormwater for the 100-year
storm event, to the maximum extent practicable. The design as proposed meets the
Department of Environmental Protection's (DEP) standards.
4. The project is located within an extremely environmental sensitive area and in close
proximity to Lake Cochichewick. The final design reflects extensive discussions between
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1077 Osgood Street, Map 35 Lot 27
Watershed Special Permit
the Town and applicant to ensure the continued protection of Lake Cochichewick and the
safety and welfare of the residents of North Andover;
5. There will be no nuisance or serious hazard to vehicles or pedestrians. The plan reflects
extensive discussion with the Planning Board and its consultants, resulting in a design
that provides for safe vehicular access throughout the site. See letters from the the
Planning Board's Traffic Consultant, Vanasse & Associates, Inc., dated March 29, 2013
and July 15, 2013. Based on these and extensive discussion with the Planning Board, the
applicant re-designed the traffic pattern and provided crosswalks and sidewalks for
pedestrians. The project also includes a Truck Circulation Plan (Dated August 10, 2013),
providing access for safety vehicles as well as access for WB-40 delivery trucks, using a
pass-through lane outside of the drive-thru lanes in the rear of the building. The North
Andover Fire Department has approved the design—see letter dated September 13, 2013.
6. The applicant has provided a detailed "Operations and Maintenance Plan" for the
stormwater management system. Incorporated into this Decision are requirements that
require on-going oversight of this plan by the Planning Board and the Planning
Department staff
7. The new structure will be connected to the Town sewer and water systems.
8. A deed restriction will be placed limiting the types of fertilizers that can be used on the site.
9. The topography of the site will not be altered substantially.
10. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The project will provide Town water, sewer, and utilities on the property
to adequately address the needs of the project and has been reviewed by the Division of
Public Works and the outside consulting engineer, Hancock Engineering Services, Inc.
11. As conditioned, the site is an appropriate location for the project use and proposed
structures.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following SPECIAL CONDITIONS:
1. Permit Definitions:
a) The "Locus"refers to the 320,080 sq. ft. parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35, lot 27, and also known as 1077 Osgood Street,
North Andover, Massachusetts.
b) The "Plans"refer to the plans prepared by Lynnfield Engineering, Inc. dated March 15,
2013 revised June 26, 2013, August 1, 2013, and August 29, 2013 entitled "Pentucket
Bank at Butcher Boy Marketplace 1077 Osgood Street North Andover, Massachusetts
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1077 Osgood Street, Map 35 Lot 27
Watershed Special Permit
01845" and consisting of sheets C1 through C11, Lighting Plan E-1, E-2, Landscape Plan
L-1, Vehicular Access Plan VA-1, and Elevation Plans A210 and A211.
c) The "Project" or "1077 Osgood Street"refers to the construction of a 3,672 sq. ft. Bank
with two drive-thru tellers and one drive-thru ATM, with 21 total parking spaces,
drainage system network, grading and landscape work within the General Business
Zoning (GB) District and the Watershed Protection District.
d) The "Applicants"refers to Angus Realty Corporation, 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. The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a Public Hearing and modification to the
Special Permit by the Planning Board. This Watershed Special Permit may only be used in
conjunction with the Special Permit for Site Plan Review Special Permit for these same
premises approved October 1, 2013.
3. Prior to the endorsement of the plan:
a) The applicant will provide copies of all Decisions, Notification and Orders of Conditions
from the North Andover Conservation Commission.
4. Prior to start of construction or site work and prior to the issuance of a building permit:
a. A performance guarantee bond of ten thousand dollars ($10,000.00) made out to the Town
of North Andover must be posted to insure that the construction, erosion control, measures,
and performance of any other condition contained herein will take place in accordance
with the plans and the conditions of this decision and to ensure that the as-built plans will be
submitted.
b. 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 construction of the project and
must be available upon four (4) hour notice to inspect the site with the Planning Board
staff The Planning Staff may reduce the frequency of reports upon review of such a
request from the applicant.
c. The applicant shall provide a bond equal to 5 years maintenance for the Stormwater
Management System, as outlined in the Inspection & Maintenance Plan, dated September
16, 2013, by Lynnfield Engineering. This bond shall be provided to the Town of North
Andover and shall be released after 5 years of quarterly reports have been filed by the
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1077 Osgood Street, Map 35 Lot 27
Watershed Special Permit
applicant, as outlined in the Inspection&Maintenance Plan.
d. A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the
purpose of covering any contingencies or emergency situations that may degrade or
impact the quality of the Town's drinking water supply, Lake Cochichewick. The
Guarantee shall be in the form of a bond acceptable to the Town made payable to the
Town of North Andover escrow account and will be held in perpetuity. Should the
property be sold or transferred, the Planning Department will require that a bond be
posted by the new owner and to be held in perpetuity. Said bond will only be utilized for
the purposes stated above.
e. The applicant shall contract with a Stormwater System Maintenance inspector, with
experience in inspection and maintenance of CONTECH Storm Filters. The inspector shall
be chosen in consultation with the Planning Board and the Conservation Commission Staff.
The inspector shall be responsible for implementing the pertinent components of the
"Inspection and Maintenance Plan" referenced in this document and shall also be qualified
and trained in confined space entry. A copy of the contract shall be submitted by the
applicant to the town.
f To ensure the continued protection of the health and welfare of the residents of North
Andover and lessen the probability and possibility of contamination and incident to the
Town's primary source of drinking, the applicant shall be required to submit to the Planning
Department a comprehensive Emergency Response Plan and Maintenance Procedures. The
Planning Board shall review and approve said plan. The final plans must be submitted for
review within ninety (90) days of filing the decision with the Town Clerk. Failing
submission of required Emergency Response Plan within 90 days will render this Special
Permit null and void. Said Emergency Response Plan and Maintenance Procedures will be
distributed to the Town's Fire Department, Police Department, Planning Department, and
the project site where the document(s) will be kept on file and easily accessible in case of
an emergency.
g. An interim as-built will be provided after the stormwater system has been installed,
verifying all stormwater structures, including inverts. A qualified engineer shall provide
written certification that the system has been built according to the plan, has been inspected
during wet weather and functions as designed.
h. The applicant shall be responsible for maintenance and repair of all underground stormwater
stormwater pipes that extend from the site to the outfall on Commerce Way.
i. The materials for the roof of the proposed building shall not contain metals of any kind and
the architectural plans for the building must be part of the approved plans. The materials
shall not be changed without the approval of the Planning Board.
j. All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner and Conservation Department.
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1077 Osgood Street, Map 35 Lot 27
Watershed Special Permit
k. Three (3) copies of the signed, recorded plans and the decision must be delivered to the
Planning Department.
1. Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on
the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site.
m. A pre-construction meeting must be held with the developer, their construction employees,
Planning Department and Conservation Department (and other applicable departments) to
discuss scheduling of inspections to be conducted on the project and the construction
schedule.
n. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due
to the importance of the site and wetlands. In addition, permanent signs designating "No-
Salt Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations
along the Non-Disturbance Zone as approved by the Conservation Department and
shown on the herein referenced plans. Fertilizers utilized for landscaping and lawn care
shall be slow release, low-nitrogen types (< 5%), and phosphorous-free. The use of
pesticides and herbicides are prohibited. Pesticides and herbicides shall not be used
within 100 feet of a wetland resource area. The applicant shall incorporate this
condition as a deed restriction and a copy of the recorded deed shall be submitted to
the Town Planner and included in the file.
5) Prior to release of the Performance Bond:
a. The applicant shall submit an as-built plan stamped by a Registered Professional
Engineer in Massachusetts that shows all construction, including storm water structures
and other pertinent site features. 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.
b. Quarterly third-party inspection reports, as outlined in the Inspection and Maintenance
Plan, shall be provided to the town for review. If the reports indicate failures in the
system, the Planning Board may require a modification to the Special Permit.
c. If weather conditions do not permit the completion of the landscaping prior to the use of
the building, 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.
d. The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
6) Prior to Certificate of Occupancy:
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1077 Osgood Street, Map 35 Lot 27
Watershed Special Permit
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
7) The applicant must comply with the conditions set forth in the Site Plan Review Special
Permit approved on October 1, 2013 and the Conservation Commission Order of Conditions
related to this project.
8) 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.
9) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
10) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
11) 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.
12) Should the Project Owner transfer ownership of the project and/or property prior to
completion and submission of the final as-builts, the buyer shall meet with the Planning
Board to provide an update on the status of the project.
13) This Special Permit approval shall be deemed to have lapsed October 1, 2013 (two years
from the date of issuance) 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. Substantial use or construction will be determined by a majority vote of the
Planning Board.
14) 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 this decision within
twenty days after the date this decision has been filed with the Town Clerk.
15) This decision must be filed with the Essex North Registry of Deeds. The following
information is included as part of this decision:
Plan titled: Pentucket Bank at Butcher Boy Marketplace 1077 Osgood Street
North Andover, Massachusetts 01845
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Prepared by: Lynnfield Engineering, Inc.
199 Newbury Street, Suite 115
Danvers, Ma 01923
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1077 Osgood Street, Map 35 Lot 27
Watershed Special Permit
Scale: 1"= 50'
Date: March 15, 2013 revised June 26, 2013, August 1, 2013, and
August 29, 2013
Sheets: C1 through C11, Lighting Plan E-1, E-2, Landscape Plan L-1,
Vehicular Access Plan VA-1, and Elevation Plans A210 and A211
Report: Storm Water Management Report
Prepared for: Angus Realty Corporation
Prepared by: Lynnfield Engineering, Inc.
199 Newbury Street, Suite 115
Danvers, MA 01923
Date: March 15, 2013, Revised to August 1, 2013
Report: Inspection&Maintenance Plan
Date: March 15, 2013, Revised to September 16, 2013
Prepared by: Lynnfield Engineering, Inc.199 Newbury Street, Suite 115Danvers,
MA 01923
Report: Traffic Impact and Access Study
Prepared by: Bayside Engineering
Date: November 27, 2013
Report: Landscape Plan
Prepared by: James K. Emmanuel Associates
Date: June 24, 2013
Report: Vehicular Access Plan
Prepared by: Lynnfield Engineering, Inc.199 Newbury Street, Suite 115Danvers,
MA 01923
Date: August 29, 2013
Report: Architectural Elevations
Prepared by: Lloyd Architects
Date: April 25, 2012
cc: Director of Public Works
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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