HomeMy WebLinkAbout20171003 Decision LDP 0 Great Pond-Brooks Solar r
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• Town of North Andover
Office of the Planning DepartmentOCT -4 PH 2.
Community and Economic Development Division
10 Train Street TO i;r# -
North Andover,Massachusetts 01845 NORTH ANOWTV.
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NOTICE OF DECISION LAND DISTURBANCE PEST
Any appeal shall be filed
within days after the
gate of filing this notice in
the office of the Town Clerk.
Date: October 3,,2017
Date of Hearings: August 15, 2017
Date of Decision: October 3,2017
Petition of: North Andover Solar,LL
c/o NEXAW,Inc.
4 Liberty Square,3rd Floor
Boston,NIA 02109
Premises Affected: 0 Great Pond Road and 1193 Great Pond Road,North Andover,WU 01845,Map
103 Parcel 1 and Map 103 Parcel 10 within the zoning district.
Referring to the above application for a Land Disturbance Permit from the requirements of the North Andover
Bylaw, Chapter 160 and the requirements of the North Andover Planning Board's Stornnw ter Management
and Erosion Control regulations.
o as to allow the development of a 1.1 megawatt,ground-mounted photovoltaic array over approximately
acres of a 3 .26 acre parcel located across Great load Road from the Brooks School.The property is located
in the Residential 2 2 Zone.
After a Public Hearing given on the above date, and upon a motion by Peter Boynton and 2nd by Aaron
Preston to APPROVE the Land Disturbance Permit, as amended,and based upon the following conditions.
The vote was 5 -0 in favor of the application.
n b half of the TZ601rth Andover banning Board
John Simons, Chairman
Peter Boynton
Jennifer Burns Luz
itan Goldberg
Aaron Preston
Land Disturbance Permit
o Great Pond Road 1193 Great Pond Road(Brooks School)
Page 2 of
The Public Hearing on the above referenced application was opened on August 1 , 2017 closed by the North
Andover Planning Board on October 3,2017.
n October 3,,2017, upon a motion made by Peter Boynton and seconded by Aaron Preston to GRANT,as
amended, a Land Disturbance Pennit to allow development of a 1.1 megawatt,ground-mounted photovoltaic
array over approximately 5 acres of a 33-26 acre parcel located across Great Pond Road from the Brooks
School.The property is located in the Residential 2 R- Zone. This Special Permit was requested by North
Andover Solar,L,LC co NEXAAV,Inc.,4 Liberty Square,Ya Floor Boston,MA 02109 on June 22, 2017.
The Applicant submitted a complete application,which was noticed and reviewed in accordance with Chapter
160 of the Town of North Andover Bylaws. The motion to approve was subject to the FINDINGS OF FACTS
and SPECIAL CONDITIONS set forth in this decision.
The Planning Board vote was unanimous. A Nand Disturbance Permit issued by the permit granting
authority requires a majorityvote 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 miter the date this
decision has been filed with the Town Clerk.
In accordance with Chapter 160, Section 5.1, the Planning Board makes the fmding 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 FMINGS of FACT:
1 The proposed project entails the disturbance of more than one acre of land and is therefore subject to the EPA's
PDES Phase If Construction General Permit,and thus is fully subject to the MA DEP Storrnwater Standards
under the North Andover Stonnwater Management and Erosion Control Bylaw, Chapter 160 of the Town of
North aver Bylaws.
2 The project consists of 13 acres of land within a.33 acre parcel,with tree clearing on 5.5 acres,7 e project
consists of the installation of a solar array,a gravel access road,power inverter stations,utility conduits and a
fence.
3) The Building Conuni sioner has deemed the use is allowed by right under Section 3 of M.G.L.c. oA. See
memo from Donald Belanger dated October 3,2017.)
4 In granting this Permit, the Planning Board has det n.in d that the project complies to the maximum extent
feasible with DEP Standards and that it wi11 not negatively impact downstream resources. The project
incorporates several inprovernents to the existing town drainage system that will provide a net benefit to the
torrnv ater management in the area.The Planning Board bases this finding on the following facts;
. vegetated treatment swales and level spreaders will be installed at the base of the cleared area
to reduce peals flow of runoff from the area that will be cleared,as well as clown gradient from
the proposed gravel road and the gravel staging area.
. Check dams have been added to slow the gate of flow and to promote infiltration.
c. An Operations and Maintenance Plan has been submitted for the construction period and a Long
Terra Pollution Preventions Plan.
. The construction has been reviewed by Town Staff, including the Town Engineer and the
Town's consulting engineer,TI C, and with the application of the Best Management
Practices and modifications to the drainage and stormwater management designs,the
consultant concluded that the Applicant has complied with the requirements of the Land
Land Disturbance Pe nrit
o great fond Road 1193 Great Pond Road(Brooks School)
Page
Disturbance Permit. (See letters from TEC dated July 13, 2017, August 9, 2017 and email
correspondence dated August 21, 01 .
5) This project received an Order of Conditions from the Conservation Corrunission June 13, 2013 and was
extended for the year 2018.
1
6)
The Fire Department reviewed the project and has approved of the access road =* proveaments that will be
enhanced in order to accommodate the North Andover Fire vehicles.They have also discussed the necessary
maintenance of the access road. (See memo from Chief McCarthy dated July 25, 2017 and September 11,
1.'7.
7 North Andover Solar,LLC will be creating a grid-connected photovoltaic power system that will connect t
the utility grid owned by National mod.The connection will Arun through the National Grid pole located on
the ROW of Great Pond Road to a line of utility poles(approximately four poles and one transition pole)on
the Brooks property wing up to the solar panels.The electricity generated by the solar panels will be sold
to Brooks at an agreed upon rate.Easement agreements and lease agreements will need to be drafted in order
to coordinate this effort.Including:
i Forth Andover Solar,LLC lease ofthe area around the panels on the Brooks School
property.
ii North Andover Solar,LLC access easement to utilize the access road to the parcels on the
Brooks School property.
iii Forth Andover Solar,LLC utility easement for the poles on Brooks School property.
iv National Grid utility easement for the poles on Brooks School property.
8) The following is the intended construction sequence for this project:
Step 1: Install erosion control barrier adjacent to wetland at entrance to the site and construct construction
entrance to site,
Step :Install erosion control barriers ECBs around perimeter of site.
Step : dear and grub per drawings.
Step : Construct and stabilize access road,slopes,and treatment swales.
Step : Construct any temporary erosion and sediment controls.
Step : Construct solar equipment.
Step 7:Maintain ECBs.
Step : Begin seeding mulching.
Step 9: Construct temporary diversion swalesditches,sediment traps as needed.
Step 1 :Inspect maintain ECB s.
Step 1 l: Complete pennanent seeding landscaping.
Step 1 : Stabilize with grass/mulch.
Step 1 : Remove temporary erosion control measures.
Step 1 :Perf'onn fm l site inspection
Step 1 : Remove ECBs
9 The Best Management Practices to be employed on the site ensures that soil erosion and sedimentation control
measures will be incorporated into the design and that the gate and volume of stormw t r runoff will be
managed.
10 The solar arrays do not significantly increase impermeable surface as they are raised off the ground and tilted
at an angle to allow for shedding of storwater. The arrays are also spaced to allow for vegetation to be
maintained.
Land Disturbance Permit
40 Great Pond Road 1193 Great Pond Road (Brooks School)
Page 4 of
11 The proposed use protects groundwater and surface water from degradation or depletion to the maximum extent
possible and ensures adequate long-term operation and maintenance ofstorrnwater BestManagement Practices.
1 The proposed use prevents pollutants from entering the municipal and private storm drain systems.
1 The applicant has complied with state and federal statues and regulations relating to stormater discharges.
Upon reaching the above findings, the Planing Board approves this Land Disturbance Permit based upon the
following SPEC CONDITIONS:
Permit Definitions:
a. The"Locus"refers to the 33.26 acre parcel of land and 3.76 acre parcel with frontage on
Great Pond Road as shown on Assessors Map 103 Parcel 1 and Map 103 Parcel 10 also
known as 0 Great Pond Road and 1193 Great Pond Road,Forth Andover,Massachusetts.
b. The"Flans"refer to the puns prepared by Sanborn Head Associates,Inc.,June 2017 and
revised to October 3,2017,entitled"Engineering Drawings Brooks School Solar Farm",
prepared for North Andover Solar,LLC c Nexamp, 4 Liberty Square, 31 Floor Boston,
MA 02109.
C. The"Prof ect"or"0 Great Pond Road and 1193 Great Pond Road"refers to development of
a 1.1 megawatt,ground-mounted photovoltaic array over approximately 5 acres of a 33.26
acre parcel located across Great Fond Road from the Brooks School. The property i
located in the Residential Zone.
d. The"Applicant"refers to North Andover Solar,LLC c/o Nexamp,the applicant for the
Land Disturbance 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.
14 Discontinuance A.bandoum nt
a Upon abandownent or discontinuation.of use,the Applicant shall physically remove the solar
equipment placed on the site by the Applicant within 180 days from the date of abandonment or
discontinuation of use. "'Physically remove" shall include,but not be limited to:
1. Removal of equipment and security barriers installed by the lessee(unless the same will
continue to be used by the owner)from the subject property
ii. Restoring the location of the solar array in its condition before the installation.
b The equipment shall be deemed to be abandoned or discontinued if it has not been used for the
purpose for which it was originally constructed for a period of six months or more.Once
abandonment or discontinuance has occurred,the Applicant shall remove the equipment from the
subject property within 180 days.
i Semi-annual monitoring reports,by the designated independent environmental monitor,of the Site and
re-vegetation shall be submitted to the Planning Departrnent for review.
Land Disturbance Permit
o Great Pond Road 1193 Great Pond Road (Brooks School)
Page 5 of
1 ) The Applicant will appear before the Board one 1)year after complete construction of the project to
provide an update.
1 The Director of Planning shall approve any changes made to these plans. Any changes deemed
substantial by the Planning Department would require a Public Hearing and Modification by the PlannIn
Board.
PRIOR TO THE START of ANY CONSTRUCTION N SITE WORK
18) A performance guarantee bond of ten thousand dollars 10, 0 . 1 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 wiH be submitted.
19 The Applicant shall submit the signed access and utility easements described move to the Planning
Depaxtrnent.
2 The Applicant will show proof that the Town has authorized a PILOT Payment in Lieu of Tax)for a
Solar Photovoltaic Installation for the Site.
21 The .Applicant shall designate an independent environmental monitor who shall be chosen in
consultation with the Planning Department. The monitor must be available upon four 4 hours notice
to inspect the site with the Planning Board designated official. The 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 areas of non-compliance, if any, and actions taken to resolve l
these issues.
22) Prior to the commencement of any work,the Applicant shall submit to the Planning Department a copy
of the approved NP ES Storm Water Pollution Prevention Plan SWP P if disturbance is more than 1
acre for the entire property.
) The.Applicant shall provide copies of all Decisions,Notification and Orders of Conditions from the
North Andover Conservation Commission.
4 The record plans and the Ston-nwater Management flan must be endorsed by the Planning Board and
both this decision and the plans must be recorded by the Applicant at the Registry of Deeds prior to any
commencement of work under the Permit.
25) Yellow"Caution"tape must be planed along the limit of cleaning and grading as shown on the plan. The
Planning Staff`must be contacted prior to any cutting and or clearing on site.
2 All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
27) 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
f inspections to be conducted on the project and the construction schedule.
PRIOR To TIFIEE RELEASE of TM PERFORMANCE BOND
Laud Disturbance Permit
r� 0 Great Pond Road 1193 Great Pond Road(Brooks School)
Page 6 of
2 The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts etts that shows all construction, including storm water mitigation trenches and other pertinent
site features. This as-built plan shall be submitted to the Town Planner for approval.The applicant must
submit a certification from the design engineer that the site was constructed as shown on the approved plan.
29 The Planning Board will issue a Certificate of Completion upon receipt and approval of final reports
and documentation as outlined in the Regulations and/or upon otherwise determining that all work of
the pennit has been satisfactorily completed in accordance with the Stormwater Bylaw. The Certificate
of Completion shall be recorded at the Essex North District Registry of Deeds(oar Registry of District
f the Land Court,if registered land)at the Applicant"s expense and proof of recording provided to the
Planning Board.
o No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
31 The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
2 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) All activity,exclusive of maintenance required in perpetuity,permitted by the Land Disturbance Permit
must be completed within two gears of permit issuance.Extensions of time can be granted by the
Planning Board upon formal written request by the Applicant,in accordance with Section 160.5.M of
Town of North Andover Bylaws,Chapter 160,Storrnwater Management and Erosion Control Bylaw.
34) This decision must be filed with the Northern Essex Registrar of Deeds. The following information is
included as part of this decision:
A Plan Titled: Engineering Drawings Brooks School Solar Farm
Prepared for: North Andover Solar,LL
co Neap
Liberty Square, Floor
Boston,,NIA 02109
Prepared by: Sanborn Mead Associates,Inc.
20 Foundry Street
Concord,NH 03301
Scale: 1"_ '
Date: June 2017 and revised to October 2017
Sheets:
B Operations&Maintenance Plan
Brooks Solar Farm North Andover,Massachusetts
sachusetts
Dated:August 2017
Prepared by: Sanborn Head Associates Inc.
cc:
Applicant
Abutters