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HomeMy WebLinkAbout2019-09-17 Decision LDP Grogan's Field FICE •. Towne of North Andover • Office of the Planning Department2019 SEP 2 0 AM 8; Community and Economic Development Division 120 Main Street T@ WN t} North Andover,Massachusetts 01845 ��,��'�� AS��Q Vr-p NOTICE OF DECISION--LAND DISTUIBANCE PELT This is certify that twenty(20)days have elapsed from date of decision without filing a�e��Wa c� Any appeal shall be filed within.(20)days after the Carla oa Town Clerk date of filing this notice in the office of the Town Clerk. Date: September 17,2019 Date of Hearings: September 17,2019 Date of Decision: September 17,2019 Petition of; Town of North Andover n.p: 1-7 3 8 21 P s 3� Z u'7 a 120 Main Street _n3—I�-2fj22 a (33 v 38cp North Andover,MA.01845 H,0 r-t=h R 9�1 11 ' F-t F-L3 Premises Affected: Grogan's Field 67)Baldwin Street North Andover,MA 01845 Map 11 Parcel 33 within the R-4 Zoning District Referring to the above application,for a Land Disturbance Permit from the requirements of the North Andover Bylaw,Chapter 250 and the requirements of the North.Andover Planning Board's Stormwater Management and Erosion Control Regulations. So as to allow the renovation of the baseball field and associated paved walkways and associated paths by performing grass turf and infield repairs,updating the dugout and spectator areas,bituminous concrete parking and walkways,irrigation repairs,fencing replacement,ball netting,foul poles and site:furnishings. The property is located in the Residential 4(R-4)zoning district. After a public Tearing given on the above date,and upon a motion by P.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 r OpZehalf of the North.Andover Planning Board i Eitan Goldberg,Chairman Kate Bargnesi Peter Boynton. Aaron Pxeston ATTEST: John Simons ATrue COPY .kSK :1.-/JUZ Pg4U ffb-!11 Land Disturbance Penn it 67 Baldwin Street Septeiber 17,2019 Nags 2 of 6 The Public He6ang on the above referenced application was opened on September 17,2019 and closed by the North Andover Planning Board oil September 17,2019. On September 17,2019,upon a motion made by P.Boynton and seconded by A,Preston to GRANT a Land Disturbance Permit,as anus ided,to allow the renovation of the baseball field and associated paved walkways and associated paths by performing grass turf and infield repairs, updating the dugout and spectator areas, bituminous concrete parking and walkways, irrigation repairs,fending replacement, ball netting,foul poles and site fitrnishings.The property is located in the Residential 4 (R-4)zoning district,This Special Permit was requested the Town of North Andover, 120 Main Street,North Andover, MA 01845 on August 28,2019, Tile 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 5-0, unanimous in favor. A Land Disturbance Pennit 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 this decision within sixty days after the date this decision has been filed with the Town Cleric. In accordance with Article VI Land Disturbance Permits Procedures,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) Tile proposed project entails the disturbance of more than one acre of land and is therefore subject to the EPA's NPDES Phase 11 Construction General Permit,and thus is fully subject to the MA DEP Stormwater Standards under the North Andover Stormwater Management and Erosion Control Bylaw,Chapter 160 of the Town of North Andover Bylaws. 2) For(lie purposes of calculating the area of land disturbed or changes in surface materials,(lie methodology set forth by EPA in the stormwater regulations applicable to the Town ofNoilh.Andover 40 CFR 122,26(b)(l 5)(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 district construction activities are planned to occur at different times on different schedules under one plan,e.g,,a housing development of five W acre)lots. 3) Li granting this Permit, the Planning Board has determined that (lie 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 stormwater management in the area.The Planning Board bases this finding oil the following facts: a. The project utilizes Country drainage swales used to direct runoff to the area drain. b. The project utilizes Stornutech chambers. The stone provides the pretreatment to the stormwater before it enters the chambers. c. The Applicant has provided a Landscape Plan.The majority of the site will remain wooded. Tile disturbed riverfront area along the drives will be allowed to revegetate to forest. Tire remainder of tile cleared land will be lawn and ornamental planting beds. Land Disturbance Permit Bk 17382 Pg4 0 #6 7 2 2 67 Baldwin Street September 17,2019 Pogo 3 of 6 d. The Applicant has provided a Pollution Prevention and Operations and Maintenance Plan for Construction and Post Construction. e. The construction has been reviewed by Town Sta,££,including the Town Engineer. Storm water peer review was conducted by the Town Engineer, Sohn Borgesi who concluded that the Applicant has met the requirements of the Land Disturbance Permit. (See memo from Sohn Borgesi dated September 17,2019). 4) 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 rate and volume of stormzwater runoff will be managed. 5) 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. 6) The proposed use prevents pollutants froze entering the municipal and private storm drain systems. 7) The applicant has complied with state and federal statutes and regulations relating to storrnwater discharges. Upon reaching the above findings, the Planning Board approves this Land Disturbance Permit based upon the following SPECIAL CONDITIONS; Permit Defuaitions: a. The"Locus"refers to the 4 acre parcel of land with frontage on Baldwin Street as shown on Assessors Map 13,Parcel 33,and also known as 67 Baldwin Street aka Grogan's Field, North Andover,Massachusetts. b. The"PIans"refer to the plans prepared by Waterfield Design Group.,dated August 7, 2019,entitled"Grogan's Field Restoration.",prepared for the Town of North Andover, Massachusetts. c. Tbo"Project"or"67 Baldwin Street aka Grogan's Field"refers to the renovation of the baseball field and associated paved walkways and associated paths by performing grass turf and 'wield repairs,updating the dugout and spectator areas,bituminous concrete parking and walkways, irrigation repairs,fencing replacement,ball netting,foul poles and site furnishings.The property is located in the Residential 4(R 4)zoning district. d. The"Applicant"refers to the Town of North Andover,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. 8) 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 Planning Board, PRIOR TO TIUE START OF ANY CONSTRUCTION AND/OR.SITE WORK Bk 17382 Pg41A #6722 Land Disturbance Permit 67 Baldwin Street September 17,2019 Page 4 of G 9) A performance guarantee bond of ten thousand dollars ($I0,90100) 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 wbinitted. 14) 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 inontlity 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 these issues. 11) Jtr consideration of the approval of the Plan, there is to be no further division or subdivision of a part or portion of the parcel. This restriction is to be documented in the respective deeds for each lot on the plan. 12) 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 of storinwater structures, driveways and dwelling units e. Mass clearing and grading of the entire site will not be allowed. 13) The Applicant will provide copies of all Decisions,Notification and Orders of Conditions from the North Andover Conservation Commission. 14) Easement documents,deed restrictions,and maintenance agreements concerning the drabiage structures shall be submitted to the Planning Department and reviewed and approved by Town Counsel and tine Town Engineer prior to recording. All easements and restrictions shall remain in perpetuity. 1 S) The record plans and the Stormwater Management Per►nit 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. 16) Yellow"Caution"tape trust be placed along the limit of clearing and grading as shown on the plait. The Planning Staff must be contacted prior to any cutting and or clearing on site. 17) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department_ I8) A pre-construction meeting trust be held with the developer,their construction employees,planning Department and Building Department(arid 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 19) A Plot Plan for the lot in question must be submitted to include the following: a. Location of the structures b. Atny grading called for rain the lot c. Location of drainage,utility and other easements Land Disturbance Permit Bk 17382 Pg41 #6722 67 Baldwin Street September 17,2019 Page 5 of 6 d. Location of landscaping 20) All appropriate erosion control measures for the lots shall be in place. 21) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain line during construction. 22) All lots shall be staked in the-field. The location of any major departures from the plan must be.shown. 23) Lot numbers,visible from all roadways trust be posted on all lots. PRIOR TO THE RELEASE OF THE PERFORMANCE BOND 24) 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 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 plant. 25) 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 permit 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 (or Registry of District of the band Court,if registered land)at the Applicant's expense and proof of recording provided to the Planning Board. GENERAL CONDITION'S 26)No open burning shall be done except as is permitted during burning season under the Fire DepartmeAt regulations. 27) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 28) The provisions ofthis conditional approval shall apply to and be binding upon the Applicant,it's employees and all successors and assigns in interest or control. 29) 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 ofNorkh Andover Bylaws,Chapter 160,Stormwater Management and Erosion Control Bylaw. 30) This decision roust be filed with the Northern Essex Registry of Deeds.The following information is included as part of this decision: A) Plan Titled; Grogan's Field Restoration Prepared for: Town of North Andover 120 Main Street North Andover,MA 01845 Prepared.by: Waterfeld Design Group 50 Cross Street Winchester,MA 01890 Scale: 1"^3 0' ,Date: August 7,2019 9' Land Disturbance Permit 67 Baldwin Street September 17,2©19 Page 6 of 6 Sheets: 4 H) Storinwater Management Plan Dated:July 2019 Pi-epared by:Waterfivld Design Group C) Stormwater Pollution Prevention Plan and Erosion and Sediment Control Plan Dated,July 2019 Prepared by:Waterf9eld Design Group co: Applicant Abutters Town Clerk i f