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Home My WebLink About2018-02-20 Decision LDP Nil Road&Johnson Street Assessor's Map 107A Lots 294,46,293,28 Bk 15 4 21 Pg310 #619 7 Land Disturbance Permit 0 3-2 0•-2 018 February 20,2018 �� ,� A" Town of North Andover gate r Office of the Planning Department 3` Community and Economic Development Division TOWN Or 120 Maim Street North Andover,Massachusetts 01845 g#" NOTICE OF DECISION--LAND DISTURBANCE PERMIT This to to 6moy that twenty(20)days Any appeal shall be filed have elapsed Vom date of decision,filed wuhdut Nno of an apdieat, within(20)days after the Bate date of filing this notice in O�A. ohj , $ the office of the Town Cleric. ` Date: February 20,2018 Date of Hearings: January 16,2018,February 6, 2018,February 20,2018 Date of Decision: February 20,2018 APPLICATION of: TIKZ LLC 4 E[igh Street,Suite 201 North Andover,MA 01845 Premises Affected: Mil Road & Johnson Street,North Andover,MA 01845,Map 107A Parcel M, 46,293,and 28 within the R-2 zoning district. Referring to the above petition 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 Stormwater Management and Erosion Control Regulations. So as to allow the construction of four(4)detached single-family homes with septic systems and associated site work.The parcels are located in the Residential 2(R-2)zoning district. After a Public Hearing given on the above date,and upon a motion by E Goldberg to approve the Land Disturbance Permit and 2nd by P Boynton to APPROVE the Land Disturbance Permit as amended and based upon the following conditions.The vote was S-0 in favor of the application Am —L W V On beb6li of the Nord Andover Planning Board John Simons,Chairman Peter Boynton Jennifer Burns Luz Eitan Goldberg Aaron Preston A Trub COY �j.a.l�? err, • . Mill Road&Johnson Street .Assessor's Map 107A Lots 294,46,293,28 Bk 15 421 Pg311 #6197 Land Disturbance Permit February 20,2018 The Public Hearing on the above referenced application was opened on January 16,2018 closed by the North Andover Planning Board on February 20,2018. PROCEIDUAL HISTORY 1) An application for a Land Disturbance Permit was requested by TKZ LLC., Suite 201,North Andover,MA 01845 on December 15,2018. 2) A legal notice was noticed in accordance with Section 11 of M.G.L.c.40A on January 2,2018 and January 9,2018 for a public hearing that was held on Tuesday,January 16,2018 and continued to February 6,2018 and February 20,2018 at which time a decision was rendered. 3) The following information was submitted by the applicant: a. Land Disturbance Permit Application,dated December 15,2017 b. Engineers certification letter,dated December 14,2017 c. Site Construction Details plan,dated December 13,2017,revised January 8,2018 January 24,2018 and February 1,2018 d. "Drainage Overlay Information"plan,using Subsurface Sewage Disposal System plans prepared by Merrimack Engineering Services dated September 10,2016,revised on June 6,2017. Drainage overlay was revised January 8,2018,January 24,2018 and revised February 1,2018. e. Pre and post development Drainage Overlay plan for lots 1A,l B, 2A and 2B,dated June 9,2017,revised January 8,2018 and January 24,2018 f Composite Site plan, Submitted January 26,2018 and revised February 1,2018 g. Stormwater Management Plan(Full drainage report),dated November 16, 2017 b. Construction Stormwater Pollution Prevention Plan(SWPPP),dated November 16,2017 i. Owner Certification of authorized Applicant for Land Disturbance permit,dated December 7,2017 j. Town of North Andover Abutters Listing 4) The plans were distributed to Town Departments/Committees for technical review and comment. These distributions included: a. Department of Public works,email dated December 19,2017 b. Board of Health,email dated December 19,2017 c. Conservation Department,email dated December 19,2017 d. Planning Department,email dated December 19,2017 5) The plans were distributed to TEC for stormwater and stormwater review,December 16,2017. 6) The Following written correspondence was received: a. Matthew Fiore,901 Johnson Street,emails dated January 30,2018,February 1,2018 7) The Board deliberated in accordance with Chapter 160 of the Town of North Andover Bylaws and rendered a decision. 8) On February 20,2018,upon a motion made by E Goldberg and seconded by P Boynton to GRANT a Land Disturbance Permit to allow the construction of four(4)detached single-family homes with septic systems and associated site work The property is located in the Residential 2 (Zt 2)zoning district. 2 Mill Road&Johnson Street Bk 15421 P 312 #6197 Assessor's Map 107A Lots 294,46,293,28 g Land Disturbance Permit February 20,2018 The Planning Board vote was Unanimous. A Land Disturbance permit issued by the permit granting authority requires a majority vote of 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 fled with the'Town Clerk. FACTS 1) An Approval Not Required(ANR)plan for 865 Johnston Street created four(4)parcels was approved on October 4,2016, 2) The parcels are located in the Residential 2(R 2)zoning district. 3) Parcel 2B currently has one single-family dwelling with existing driveway. 4) Wetlands are located on lots lA and 1B and an Order of Conditions was issued on August 10, 2017. FINDINGS In accordance with Chapter 160, Section 51,the PIanning 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 snakes the following FINDINGS: 1) The proposed project entails the disturbance 102,290 square feet of land and is therefore subject to the EPA's NPDES Phase II Construction General Permit, and thus is fully subject to the MA DEP Stormwater Standards under the North Andover Stormwater Management and Erosion Control Regulations. 2) For the purposes of calculating the area of land disturbed or changes in surface materials, the methodology set forth by EPA in the stonnnwater regulations applicable to the Town of North Andover 40 CFR 122.26(b)(15)(i)will be followed.Specifically,a potential permittee shall apply for a permit if a single construction activity will disturb 43,560 square feet or more of land or will disturb less than 43,560 square feet but is part of a larger common plan or development or sale that would disturb 43,560 square feet or more.A larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are planned to occur at different times on different schedules under one plan,e.g.,a housing development of five V4 acre lots. 3) In granting this Permit,the Planning Board has determined that the project complies to the maximum extent feasible with DEP Standards and that it will not negatively impact downstream resources. The project incorporates several improvements to the existing town drainage system that will provide a net benefit to the stonnwater management in the area. The Planning Board bases this finding on the following facts: a, Infiltration trenches will be constructed along the length of the driveways on lots 1B and 2A. b. The driveways in the areas of infiltration chambers have a 2 foot wide shoulder of crushed stone that drains into the Stormtech chambers. The stone provides the pretreatment to the stormwater before it enters the chambers. c. The Applicant has provided a Pollution Prevention and Operations and Maintenance Plan for Construction and Post Construction. d. The construction has been reviewed by Town Staff,including the Town Engineer and the Town's consulting engineer,TEC,and with the application of the Best Management Practices 3 Mill Road&Johnson Street Assessor's Map 107A Lots 294,46,293,28 Bk 15421 Pg313 #619 7 Land Disturbance Permit February 20,2018 and modifications to the drainage and stormwater management designs,the consultant concluded that the Applicant has met the requirements ofthe Land Disturbance Permit.(See email from TEG dated February 6,2018). 4) This project was reviewed by the Conservation Commission and an Order of Conditions for lots IA and IB was issued for the areas in jurisdiction on August 10,2017. 5) 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 thatthe rate and volume of stormwater runoff will be managed. 6) 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 of stormwater Best Management Practices, 7) The proposed use prevents pollutants from entering the municipal and private stonn drain systems. 8) The applicant has complied with state and federal statutes and regulations relating to stormwater discharges. Finally the Planning Board fiords that this Project generally complies with the Town of North Andover Bylaw,Chapter 160 and the Requirements of the North Andover Stormwater and Erosion Control Regulations,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: PERMIT DFYh**TITIONS 1) The"Locus"or"Site"refers to parcels identified on the Town of North Andover Assessor records as Map 107.A,Lot 294,containing 1 acre;Lot 46,containing 1.35 acres;Lot 28,containing 1.32;Lot 293,containing 1.31 acres. 2) The"Plans"refer to plans prepared by Sullivan Engineering Group,LLC.,entitled "Mill Street&Johnson Street Composite Site Plan",located in North Andover,MA, dated January 23,2018;plans entitled"Drainage Overly,"dated January 8,2018 and revised January 24,2018 and February 1,2018, ,containing 4 sheets,as well as plans entitled"Site Construction Details,dated December 13,2017 and revised January 8,2018,January 24,2018 and February 1,2018. 3) The"Project"or"Mill Road and Johnson Street"refers to the construction of four(4) detached single-family homes with site grading,driveways,and service utilities.The properties are located in the Residential 2(R 2)zoning district. 4) The"Applicant"refers to TKZ LLC.,the applicant for the Land Disturbance Permit. 5) 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. 4 Mill Road&Johnson Street Assessor's Map 107A.Lots 294,46,293,28 Bk 15421 Pg314 #6197 Land Disturbance Permit February 20,2018 SPECIAL CONDITIONS: 1) A 2'minimum separation to groundwater. Where a groundwater separation of 2' is not possible,an impermeable liner should be installed beneath the system. 2) Inspectional and compliance requirements are applicable to individual lots. PRIOR TO THE START OF.ANY CONSTRUCTION AND/OR SITE WORK For Each Individual Lot 3) Performance guarantee bonds of three thousand dollars($3,000.00)for individual lots 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. 4) The Applicant shall designate an independent environmental monitor who shall be chosen in consultation with the Planning Department. The monitor shall inspect lots individually. 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 shalt detail areas of non-compliance,if any,and actions taken to resolve these issues. 5) Prior to the commencement of any work,the Applicant shall subunit to the Planning Department a copy of the approved NPDES Storm Water Pollution Prevention Plan(S WPPP)if disturbance is more than 1 acre for the entire property. 6) All drainage structures located on individual lots, including bio-retention areas, infiltration basins, grassed swales and drainage channels will be maintained in perpetuity by individual lot owners,with the terms of ownership and maintenance to be documented in the respective deeds for each lot in the subdivision. 7) An approved Septic Design by the Town of North Andover Health Department shall be received for each site.Proof shall be submitted to the Planning Department. 8) The Applicant shall apply for a Driveway Pern►its for individual permitted sites. 9) In consideration of the approval of the Plan,there is to be no f nfher division or subdivision of a part or portion of the,pasrel. This restriction is to be documented in the respective deeds for each lot on the plan. 10)A Construction Sequencing Schedule must be submitted to the Staff Planner. This Schedule should include,but not be limited,to the following items; a. Clearing and grading b. Installation of temporary erosion and sedimentation control measures c. Construction of the retaining walls d. Grading and construction on individual lots,including installation ofstormwater structures, driveways and dwelling units e. Mass clearing and grading of the entire site will not be allowed. 11) The Applimit will provide copies of all Decisions,Notification and Orders of Conditions from the North Andover Conservation Commission. 5 Mill Road&Johnson Street Assessor's Map I07A tots 294,46,293,28 Bk 15 421 Pg315 #6197 Land Disturbance Permit February 20,2018 12) Easement documents,deed restrictions,and maintenance agreements concerning the drainage structures shall be submitted to the Planning Department and reviewed and approved by Town Counsel and the Town Engineer prior to recording. Proof of recording must be submitted to the Planning Board. All easements and restrictions shall remain in perpetuity. 13) The record plans and the Land Disturbance Permit 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 and 2 copies must be delivered to the Planning Department prior to any eonimencerrient of work under the Permit. 14) 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. 15) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. 16) 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. PRIOR TO ISSUANCE OF,A.BUILDING PERMIT 17)A Plot Plan for the lot in question must be submitted to include the following; a. Location of the structure b. Location of the driveway c. Location of all water and septic systems d. Any grading called for on the lot e. Location of drainage,utility and other easements f. Location of landscaping 18)All appropriate erosion control measures for the lots shall be in place. 19) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain line during construction. 20) All lots shall be staked in the field. The location of any major departures from the plan,must be shown. 21) Lot numbers,visible from all roadways must be posted on all lots. PRIOR TO TB E RELEASE OF THE PERFORMANCE BOND 22) The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts for each individual lot that shows all construction, including storm water mitigation trenches and other pertinent site features. The as-built plan shall be submitted to the Town Planner. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. 23)The Planning Board will issue a Certificate of Completion for each individual lot upon receipt and approval of final reports and documentation as outlined in the Regulations and/or upon otherwise determining that all work of the permit has been satisfactorily completed in accordance with the Storaawater Bylaw. The Certificate of Completion shall be recorded at the Essex North District 6 Mill Road&Johnson Street Assessor's Map 107A Lots 294,46,293,28 Bk 15421 Pg316 #6197 Land Disturbance Permit February 20,2018 Registry of Deeds(or Registry of District of the Land Court, if registered land)at the Applicant's expense and proof of recording provided to the Planning 1:30ard. GENERAL COND)lT)(ONS 1) 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 am and 5:00 p.m.on Saturday. 2) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 3) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 4) The provisions.of this conditional approval shall apply to and be binding upon the Applicant, it's employees and all successors and assigns in interest or control. 5) Any action by a Town Board,Commission, or Department, which requires changes in the Plans as presented to the Planning Board,may be subject to Modification by the Planning Board, 6) Any revisions to the Plans 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. 7) All activity,exclusive of maintenance required in perpetuity,permitted by the Land Disturbance Permit must be completed within two years 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,Stormwater Management and Erosion Control Bylaw. 8) This decision must be died with the Northern Essex Registry of Deeds.The following information is included as part of this decision: A) flan Title: Site flan for Land Disturbance Permit for Parcels I Mill Road in North Andover,Mass. Prepared for: TKZ,LLC. North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC. P.O.Box 2004 Woburn,MA 01898 Scale: 1"=50' Date: February 1,2018 Revised: 1/8/18, 1124118,2/l/18 Sheets: 3 B) Plan Title: Site Plan for Land Disturbance Permit 1B Mill Road in North Andover,Mass. Prepared for. TxZ,LLC. ' North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC. P.O.Box 2004 Woburn,MA 01888 Scale: 1"=50' 7 Mill Road&Johnson Street Assessor's Map 107A Lots 294,46,293,28 Bk 15421 P9317 #619 7 Land Disturbance Permit February 20,2018 Date: February 1,2018 Revised: 1/8/18, 1/24118,2/l/18 Sheets: 3 C) Plan Title: Site PIan for Land Disturbance Permit 2A Mid Road in North Andover,Mass. Prepared For. TKZ,LLC. North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC. P.O.Box 2004 Woburn,MA 01888 Scale: 1"=50' Date: February 1,2018 Revised: 1/8/18, 1/24/18,2/l/18 Sheets: 3 D) Plan Title: Site Plans for Land Disturbance Permit 2B Mill Road in North Andover,Mass. Prepared for: TKZ,LLC. North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC. P.O.Box 2004 Woburn,MA 01888 Scale: 1"=50' Date: February 1,2018 Revised: 1/8/18, 1124/18,2/l/18 Sheets: 3 E) Plan Title Site Construction Details in North Andover,Mass. Prepared for: TKZ,LLC. North Andover,MA,01845 Prepared by: Sullivan Engineering Group,LLC. P.O.Box 2004 Woburn,MA 01888 Scale: 1"=N.T.S Date: December 13,2017 Revised: 118/18,1/24/18,211118 Flan Title Site Plan for Land Disturbance Permit Mill Road and Johnson Street Composite North Andover,Mass. Prepared for: TKZ,LLC. North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC. P.O.Box 2004 Woburn,MA 01888 Scale: 1"=30' Date: January 23,2018 Sheets: 1 Mill Road&Johnson Street Assessors Map 107A Lots 294,46,293,28 Bk 15 421 Pg318 #6197 Land Disturbance Pertait February 20,2018 F) Sediment and Erosion Control Platt Dated:January 11,2017 Prepared by:Sullivan Engineering Group,LLC. G) Operation and Maintenance Plan Dated: November 16,2017,and revised on January 23,2018 Prepared by:Sullivan Engineering Group,LLC. H) Pollution Prevention and Operations and Maintenance Plan-Construction Phase Dated:April fO,2017 Prepared by:Sullivan Engineering Group,LLC. 1) Pollution Prevention and Operations and Maintenance Plan—Post Construction Phase Dated:rune 14,2017 Prepared by: Sullivan Engineering Group,LLC. J) Construction Storm Water Pollution.Prevention Flan Dated: November 16,2017 and revised on January 23,2018 Prepared by:Sullivan Engineering Group,LLC. K) Checklist for Storrnwater Report Dated: January 8,2018 Prepared by:Sullivan Engineering Group,LLC. cc: Applicant Abutters 9 M. PAUL IANNUCCILLO, REGISTER REGISTRY OF DEEDS