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HomeMy WebLinkAbout04032018 Decision - Decision - 660 GREAT POND ROAD 4/3/2018 E.T) • Town of North Andover - • Office of the Planning Department 2018 - APR 5 AN 11: 42 Community Development and Services Division 120 Main Street North Andover,Massachusetts 01845 Hr�IRTIH` NOTICE OF DECISION �11 A 13 WATERSHED PROTECTION DISTRICT SPECIAL PEWT Is Is to Gway that twenty(20)days have elapsed from date of decision,filed Any appeal shall be filed YA#xu sing of an appeal. -)/within(20)days after the Date- . . date of filing this notice in Joyom A.Bradshaw the office of the Town Clerk. Town C*k Date: April 3,2018 Date of Hearing: April 3,2018 Date of Decision: April 3,2018 Petition of: Rolling Ridge Retreat and Conference Center 660 Great Pond Road North Andover,MA 01845 Premises Affected: 660 Great Pond Road North Andover,MA Assessor's Map 63,Parcel 11 Referring to the ab I o I ye petition for a Watershed District Special Permit, from the requirements of the North Andover Zoning Bylaw Sections 4.136, 10.3 AND 10.3 land M.G.L.c.40A, Sec.9. So as to allow the paving and repaving a portion of the existing paved driveway connecting the main visitor's parking area to Great Pond Road with a portion of work occurring within the 325'Non-Discharge Zone of the wetland resource area in the Watershed Protection District. This project is located within the Residential I (R- 1)Zoning District. After a public hearing given on the above date,and upon a motion by John Simons and 211 by Peter Boyton to APPROVE the Watershed Protection District Special Permit and based upon the following conditions. Vote was 5—0 in favor of the application. Odbehalf of North Andover Planning Board Eitan Goldberg, Chairman Peter Boynton Jennifer Bums Luz Aaron Preston ATTEST: John Simons A True Copy Town Clerk 660 Great Pond Road Map 63,Parcel 11 Watershed Protection Special Permit Page 2 of 6 The Public Hearing on the above referenced application was opened on April 3,2018 closed by the North Andover Planning Board on April 3, 2018. PROCEDURAL HISTORY 1) An application for a Watershed Protection District Special Permit was filed by Rolling Ridge Retreat and Conference Center, 660 Great Pond Road,North Andover,MA 01845. 2) A Legal Notice was noticed in accordance with Section 11 of M.G.L. c.40A. 3) The following information was submitted by the applicant: a. Watershed Protection District Special Permit application was stamped by the Town Clerk on March 9,2018. b. "Watershed Special Permit Site Plan",Dated March 5,2018 revised to March 26,2018 c. Town of North Andover Certified Abutters List. 4) The plans were distributed to Town Departments/Committees for technical review and comment on March 12,2018. These distributions included: a. Department of Public works, email response March 23,2018. b. Board of Health,email response March 12,2018. c. Conservation Department,email response March 21,2018. 5) The complete application was reviewed in accordance with Section 4.136, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MLG Chapter 40A, Section 9. 6) A public hearing was held on April 3,2018. 7) On April 3,2018,upon a motion made by John Simons and seconded by Peter Boyton to GRANT a Watershed Protection District Special Permit to allow the paving and repaving of a portion of the existing paved driveway connecting the main visitor's parking area to Great Pond Road with a portion of work occurring within the 325' within Non- Discharge Zone of the wetland resource area in the Watershed Protection District. The Planning Board vote was unanimous. A Watershed District Protection District Special Permit issued by the permit granting authority requires a majority vote 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 249, Section 4 to appeal to this decision within sixty days after the date this decision has been filed with the Town Clerk. FACTS 8) The stormwater review for this project has been reviewed by the Town of North Andover Public Works Department. With the Application of erosion control measures and modifications to the stormwater management designs,there will not be significant degradation to the purity of the - ground water and Lake Cochichewick nor any adverse effects on the groundwater table. The site 660 Great Pond Road Map 63,Parcel 11 Watershed Protection Special Permit Page 3 of 6 drainage system and stormwater management design and is designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. 9) The Project is located within an extremely environmentally sensitive area and in close proximity to ]Lake Cochichewick and/or a tributary to the lake,the Town's sole drinking water supply;however the final design includes the implementation if the Best Management Practices that reflect extensive discussions between the Town and Applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. 10)As per section B.8 of The Conservation Restriction recorded on June 24,2011 as Book 12526,Page 14335,The New England Annual Conference of the United Methodist Church,its successors and assignees reserve the right to pave,maintain,operate, discontinue use,repair,restore and/or replace the existing driveways at their current widths. 11) The specific site is an appropriate location for the project. 12) The use as developed will not adversely affect the neighborhood. 13) There will be no nuisance or serious hazard to vehicles or pedestrians. PERYEIT DEFINITIONS • The"Locus"or"Site"refers to the 36.2 acre parcel of land,as shown on Assessors Map 63,Parcel 11, and also known as 660 Great Pond Road,North Andover,Massachusetts. • The"Plans"refer to the plans prepared by Andover Consultants,Inc., 1 East River Place.Methuen, MA 01844, entitled "Watershed Special Permit Site Plan," North Andover, MA 01845," dated March 5,2018,Revised March 26,2018. • The"Project"refers the paving and repaving a portion of the existing paved driveway connecting the main visitor's parking area to Great Pond Road with a portion of work occurring within the 325' Non-Discharge Zone of the wetland resource area in the Watershed Protection District. • The "Applicant" refers to Rolling Ridge Retreat Center, 660 Great Pond Road, North Andover, MA 01845,the applicant for the Special Permit, its successors and assigns. • 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. 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 provided the following conditions are met: SPECIAL CONDITIONS 14) The Applicant shall be responsible for the long term operation and maintenance of the proposed grass swales in accordance with the Massachusetts Stormwater Handbook. The maintenance shall include at a minimum semi-annual inspections,mowing of the swales,removal of sediment/debris annually, and repair/reseeding(as necessary). 660 Great Pond Road Map 63,Parcel 11 Watershed Protection Special Permit Page 4 of 6 15)All work is to remain outside of the 100'buffer zone.Erosion control should be installed at the 100' buffer zone to be sure the areas are protected.Erosion control should be installed where heavy equipment will pass through the buffer zone to be sure there are no construction related impacts (see email from Jennifer Hughes, Conservation Administrator,dated March 21,2018). 16) The use of coaf tar-based pavement sealants is prohibited. The Applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed restriction shall be submitted to the Town Planner and included in the file. PRIOR TO ANY SITE WORK/ISSUANCE OF A BUILDING PERNUT 17) Two (2) copies of the signed, recorded decision and plans must be delivered to the Planning Department. 18)A performance guarantee bond of two thousand dollars($2,000.00)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. 19) 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. 20)A pre-construction meeting must be held with the developer,their construction employees, Planning Department and Building Department(and other applicable departments)to discuss scheduling of inspections to be conducted on the project and the construction schedule. All erosion control measures as shown on the plan must be in place and reviewed by the Planning Staff during the meeting. 2 1) In consultation with the Staff Planner, the Applicant shall designate an independent construction monitor. The monitor shall read, sign, and return to the Planning Department the Letter of Agreement for Independent Monitors. Upon the start of site work the monitor shall make weekly inspections of the project(any suspension in monitoring due to inactivity on the site shall be pre- approved by the Town Planner), provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to inspect the site accompanying a Planning Department designated official. DURING CONSTRUCTION 22) Dust mitigation must be performed weekly,or more frequently as directed by the Director of Planning, throughout the construction process. 23)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.It shall be the responsibility of the developer to assure that no erosion from the construction site shall occur which 660 Great Pond Road Map 63,Parcel 11 Watershed Protection Special Permit Page 5 of 6 will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site construction. 24) 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 three days to cure said condition. PRIOR TO THE RELEASE OF THE PERFORMANCE BOND 25)A final as-built plan showing the grass swale and driveway width and length shall be submitted to the Town Planner for approval. The as-built must be provided in paper form as well as in SDF (Standard digital File)format. 26) The applicant must submit a letter from the engineer of the project stating that the site layout substantially complies with the plans referenced at the end of this decision as endorsed by the Planning Board. 27) The Planning Board must by a majority vote make,a finding that the Site is in conformance with the approved plan. GENERAL CONDITIONS 28) 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. 29) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 30) 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. 31)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 32) 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. 33)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. 34) Any revisions shall be submitted to the Planning Director for review.If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. 35)Pursuant to the North Andover Zoning Bylaw Section 10.31.3 this Special Permit approval shall be deemed to have lapsed April 3,2020(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 660 Great Pond Road Map 63,Parcel 11 Watershed Protection Special Permit Page 6 of 6 commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 36) This decision must be recorded with the North Essex Registry of Deeds.The following information is included as part of this decision: Plan titled: Watershed Special Permit Site plan 660 Great Pond Road.North Andover,MA 01845 Prepared for: Rolling Ridge Retreat and Conference Center 660 Great Pond Road North Andover,MA 01845 Prepared by: Andover Consultants,Inc. 1 East River Place Methuen,MA 01844 Scale: 1"=60' Date: March 5,2018,Revised March 26,2018 cc: Applicant Abutters Town Clerk Z,016 �r Town of North Andover Planning Department Community& Economic Development Division 120 Main Street North Andover, Massachusetts 01845 Date:April 5,2018 Dear: Rolling Ridge Retreat&Conference Center Applicant The Planning Board issued a Decision for the following permit: Watershed Special Permit Permit Type 660 Great Pond Road, North Andover, MA 01845(Map 63, Parcel 11) Location of Premises Your 20-day appeal period will have passed at midnight on the following date: April 25,2018 1. Once the appeal period has passed, please pick up your Town Clerk-certified copy of the Planning Board's decision from the Town Clerk's office located at 120 Main Street, North Andover, MA 01845(phone:978.688-9501). 2. Please make a paper copy of the final approved site development plan and any other applicable plans and bring to 120 Main Street to have the Planning Director sign the final plans. These plans are to be attached to the Town Clerk- certified copy of the Planning Board's Notice of Decision. 3. Please bring the Town Clerk-certified copy of the decision with the Planning Director signed plans attached to the Northern Essex Registry of Deeds,354 Merrimack Street, 3rd floor, entrance C, Lawrence, MA 01843(phone 978-683- 2745),as the decision and plans must be filed at the Northern Essex Registry of Deeds as soon as possible. 4. Once this is completed please bring:two(2)copies of the recorded, certified decision and the Northern Essex Registry of Deeds receipt to the Planning Department which is located at Town Hall, 120 Main Street, North Andover, MA 01845. Failure to file the decision with the Registry of Deeds will result in your inability to exercise your special permit approval and your inability to obtain a building permit with the Building Department. A Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced or an extension has been granted by the Planning Board. If you have any questions, please feel free to call (978.688-9535)or fax(978-688.9542), during regular business hours.