HomeMy WebLinkAboutDecision - 1077 OSGOOD STREET WSP 7/19/2007 Town of North Andover f 0 112 s¢rq Cl.-{ WS ®r I E
` A Office of the Pining Depr11
Division of Community Deue�o�men
160D Osgood Street T p V?N OF
Norffi Andover,Massachusel#s 018g NORTH R NU V ir-E R
MASSACHUSM
NOTICE OF DECISION
Any appeal shall be filed
within ( 1) days after the
date of filing this notice in
the office of the Town ClerL
Date: July 19,2007
Date of Hearings: May 1,tbru July 17, 2007
Date of decision: July 17, 2007
Petition of. Angus Really Corporation, 1077 Osgood Street, North Andover, MA
01545
Premises Affected: 1077 Osgood Street, North Andover,MA 01845within the General
Business Zoning District, Assessors Map 35, Lot 27.
Referring to the above petition for a Watomhed Special Peat from the regairemeMs Df the Nofth
Andover Zoning Bylaw, Section 4,136,
o as #o allow. to con ruct a sixty(60) sp= paxking for insWlation of an underground storm water
management and drainage system, rr or roadway improvemonu to the main acows wiry, s€te fighting,
associated grading, extensive Landscape work in the Non-Disturbance Zane of the Watershed
Prot Lion District,
After a public bearing; given an the above date, the Planning and voted to APPROVE a
WatmW Special Permit for the Watershed Protwflon Distrkt, based upon the Mowing
can �
C�44
F.-
Nofth An dower Pl gag�Bosrd�jo�
Riobard NsydeHa,Chairmm
John Simons, Vice Chakmm
Albm-to Angles,Clerk
km fer K sek
1077 Osgood Street,Map 35 Lot 27
Watershed Special Permit—tyo=auction of Parking LOt
July 17,2W
The public hearing on the,abovs referenced application was opened April 9, 2007 and olosed by the forth
Andover Planning ward on 3nly 17, 2007. Robert B lnel=s, Lynnfreld Engineering, appeared on
behalfofthe petitioner Angus Realty Corp.
On July 17, 2007 upon a motion made by Albor o Angles and seconded by John Sirnores to GRANT a
Walk shed Special fern it to condruct a 15,298 s.E retail building, 100 tvW parking slams, drainage
system n"oAc, c4ansivt gmding and landscape work in the General, Non-Disturbance, and Nota-
Dis6arge Zones of tho Watfrahetl Protection DistriM under the requiromenrts of Section 4,136 & 10.3 of
the forth Andover Zoning Bylaw, TWs Special Peranit was requested by Angus Realty Corporation of
1077 Osgood Street, North Andover, MA on March 27, 2007. The applicant submitted a complete
application, which was nWced and reviewed in acrordauce with Section 36.52 of the Town of Norf
Andover Zoning Bylaw and MOL ChWWr 40A, Section 9. The motion to approve was subject W the
FINDINCS OF FACTS and SPECIAL CONDMUNS set forth in Append A to this decisioii,
The Planning Board voted can the motion by a vote of 4-0. A Special permit issued by the Special
pe,mt gr sting mAhonty regfiu= a vote of at least four members of a five-member ward.
The applic= is hereby nor ied that should the epplicart disagree with this decision, the applies has the
right, under M L Chapter 40A, Section 17, to appml to this decision within twenty days after the date finis
decision has been filed with tare Town Cla&
In accordance with 4.136 the Planning Board mAes the finding that the intent of the Bylaw, as Well as its
specific niter are met. This dwhi im sperificaliy stated by the Planning BaW ]makes the following
FUVDINGS OF FACT:
1. '1'lraot as a result of the proposed car ruction in wnjunction with other uses Rearby,there will not be any
significant degradation of the quality or quantity of wWer in or entering Lake Cochichewick, The
Planning Board bases this fording outhe fallowing fps:
A) The project is located within an ext rndy mvironm ntal sen itive area and in close proximity to
Lake C Wohewtck. The final design reflects extensive discussion between the 'fawn and
apphc= to onsum the contima W protection of Lake Cochichewick and the safety and welfare of
tbo residen€s of North Andover.
B) The storm water rnamge st and drainage syswm is coi rn=eci to the Town sewer and waver
systems.
A deed m &&coon will be,placed Urniting the types offertili=s thx can b,used on the site,
D) The topography of the site will aot be altered subatanday,
E) The Irma of clean cleanng is resmc d to the minhu= n=ssarry to construct the proposed addition.
Grading and the coa&rcfioh of the parking axes are locaU outside the 50-fiat Consm vation No-
BMW Zone.
F) Czrtfficahon bw been provided lay a registered professional engineer and f u*er vanfied by the
Town's wnsultmg engineer, Vanasn, Hangers Brustlin, Inc. (VHB) that the consttucfson parking
area was aonstncted using Best a.nagernent Pmc i=and that project will not have an effect on the
quality or quar#4 ofntnaffent6ng the wat -i,5& d prat on district. Refer to letter dated June 14,
IZ77 ONgood Strom4 Male 35 W 27
{ WaWrrbad Spalal Permit—Cans€iction of]'asking Lot
Jul} 17,2007
7 from VHE. Further, adcgnate safeguards have b= provided to mitigate polluta,mts Burn
entering Lake Cochichewick.
0) The consm uct a has heen reviewed by Town Staff and the Town's consulting eagmaer, VHB,and
with the appheakan of the ermion conwol mi-,mres and mWffica bons to the drainage and
storan nta management designs,there will be nG degradaboz.i to the quality or quu6ty ofwa w k or
entering lake Cocluchemick The site drainage system and storm water managemetFt design are
designed in accordance with the Town ]Bylaw regain meats and Rost Brr&aering and
Management P acticas,and has been mewed by the outside consulting engine ,VHB. Refcrto
liter dates June 14,2007 ffrorn VHB, Fir, adequate safeguards have been provided to mitigate-
pollute is from entering Lake Cochichewick,
) There is no reasrnable ahernafive location outside the Non-Wsturbance Iona for any "charge,
sUucture x acfivky.
In acc mdance with Section 10,31 of the Now Aiadover boning Bylaw, the Planning Hoard makes the
foUwNing FMI NGS OR FACT:
1 'l(k specific site is an a ropriate loon for propo d use as MI feasible storm waW and erosion
omtrois]have bam placed on tho site;
) The use will not adversely affect the neigbbodiood as the lot is located in a General Business miug
dish ict
) Terre mifl be no miLsm=or saduus ha=dto vehicles or Dede�;
4) A&quW and appropriate iaoihMs areprovided fbr the proper operation ofthe proposed use;
5) The eavSEi lot eonfiro€rra to taw minfirium lot a= rDgair ents for a lot Within the 04=W Bofi=s
District as dio n k Table 2 of tho Forth Andover Zoning By-laws.
6) The Planning Board also makes a specific finding d=the use is m harmony with the g=eW purpose and
intent of the North Andover Zoning Bylaw.
Upon reacbng the above hndinp,the Planning Board approves this SperW Permit lased upon the following
PECJAL NDI"l:'ON :
1) Permit Dermitiew:
A} 'Locus"refers to the 320,D80 s.f, (7.345 acres)parcel ofWd with land fronting on Osgood
Street as shown on Assessors Map 35, lot 27, and also known n as 1077 Osgood Sty,North
Andover,l asmchusem&
B) The"Kans"refer to the plans pmTared by L nn#'ield Ehh&eering elated April 30,2007, revised
5122/07, 5/24/07, and 7l5f07 entitlW "ButekDr Bop Marketplace, 1077 Osgood Street,North
Andover, Massachusetts 01845"and cozisiwdng of sheets C1 —C7,lrl —E2,LTG Cale,and Ll
(revised 715/07).
3
IV77 Osgoa Sfte%Map 35 LDt 27
Wat=W Special Pernxit—Cowncfion of Parking Lot
July 17,2007
The"Project"or "1O77 Osgood gvreet„refers to the construction of sixty(60) space pwizinglot,
irxstallation of an=&rground storm wafer numncrnmt and doge system, minor roadway
improvements to the main access way, site lighting, associated grading, wmsive landscape work
and o%a improve nts shown on the`Nans"as deed above.
D) The`°Applica „refers to Angus Realty Corporation, the applies for the Special Permit,
E) The"Project Owner"€efors to the person or erdity molding the fee interest to the title to the Locus
From time to time, wbkh can inolude but is not limited to the aa;pplimni� devaloper,and owner.
2) The.Town planner&hall approve any changes made to these plains. Any dangea deemed sub antW
by the Town planner would require a public hearing and modification by the planning Board. This
Watershed Special hermit may only be used in conjunction with the Site Plan Special Permit for these
same premises granted Judy 17, 2007.
3) Prior to issuance of u building permit:
A) A performanae guarantee bond of th=thauumd dollars ($3,ODD.00)made out to the TovinofNorth
Andovw must be posted to inane that time=stwctim erosion corrW, measures, and performance~
of auy other condition oanb M herein will take place in acn &mw with the plans and thr,
camditicns ofdus d=sion and to ensure that flic as-hulk plans will be sum.
B) All =sion central measures as spo on on the plan must be in place and roviewed by the Town
P eer and man Department. WeeUy inVcWons of all erosion twantrol measures will be
cempidW by the designated ind endcnt Environmental Monitor and incorporated into the
woekly reports as part of the approved July 17, 2007 Site Plan Review Special Pmaiit for the
prof cat.
Q No pestiaides, fmtiizm or chemicals shall he used in lawn care or maint nce. Tbi-,applicant shall
hw,wporift this condition as a deed restriction and a copy of the re rded deed shall be subutWd to
the ToNm Planner&sad inrinded in the file,
D) No road salt, sodium chloride, or#ther deicing chemicals s€xall be used on paved m6wfm within the
entire site(prarUx%A watemhiA area),and any a nmVernem far snow removal:hail so stipulate clue to
the hopmunoo�of#he site& its pKKhWty to the sake. Further,snow stockpiling is prohibited within
50 feet of attylal€ wetland resource antes m the site. P=nanmit signs desisting 'No ak Zone"
and`No-Snow Stoftamg Zones"sW be displayed in proad nt locations em.
4) Prior to release of the Periarmane Bond:
A) The applicant shall submit an as-bait plan stampod by a Registered ProfrssiaW Engineer in
assaclz is OW shows all construction, including storm wmrr mitigation trenches and other
peen#site features. This as-built plan shall be sabmifted to t#xe Tovm Planner f r approval. "
app€i=mast subrwt a=ruficabop frorn the design engmeor that the site was canAmcxed as shown
on the approved p
8) The Planning Hoard must by a=jority vW snake a finding OW tbC site is in conformance with the
approved plan,
5) In no instance shall the applicant's proposed constm on be allowed to futlni,a'imp=the site der than
as proposed on the plasx refereaced in Condition#t G.
4
,77 DWd Street,Map 35 Iv#27
Watershed Special Permit— nS -vWun c f Parsing Lot
July 17, 00
6} The applicant mug comply vhffi tho conditions set forth in the Site Plan Review Speer P=dt approved
on Jay 17, 007 and tlye Conservation Commission related to this projert DEP die# 2-1, 1.
No open burning" be done =*t as is peirrti#ted during firming seasoin under the Fire Dupanabsrt
regulations.
9) 'the Contractor shall cor m Dig Safe 9 least 72 home prior to enmrrtenoing excavad
9) The provisions of this conditional approval shah apply to and be binding upon the appfia4 its
employees and all su=zsgois and assigns in interest or cos rol.
10) Thts Special Permit approval shall be deemed to have Lapsad July 17, 2009 (two years from the date
of issuance) exclusive of tJre time required to pxMue or await determination of any appeals, unless
substantial use or construction has commmeed within said two-year period. Substantial use or
construction will be dae€nnined by a majority vote of the Planning Board,
11) This decision must be filed with the North Essex lt.egistry of Deexls, T3te following imfcmaa6w is
inclined as part of this decision:
A) .Plan tailed: Butcher Boy Marketplaoe
1077 Osgood Street
Nosh Andover, MA
Prepared for. Angus Realty Corporation
1077 Osgood Strom
Nonh Andovor,MA
Prepared by: L rwfieid EnginwnM Inc.
Jvems,MA 01923
Scale,, 1"—Off'and 1 s,=30'
Date: ApM 2007,Revised 4I30f07, 5f207
sheets: C;1-4 C7,El —E2, LTG twalc, and LI (revised 715l137)
B Repoit titled. Rrspoasps to Corr eats
Pmpo5ed P=Eng Lut E7Kp�ion
1077 Ospod Strew
North Andover, MA
PmpmW for: Angus sty C:orpontion
1077 Osgood Sweet
Norfb Andover,MA
Prepared by: l_.}n afield Engineering,lac.
199 Newbury&re4 Suite 11
Danve-s,MA01 23
Date: May 25,2007
Attntc=: Fig=s
Att hment 1 --Emergency Response Plan
Anachmew 2—Stonnwater Analysis and UaWatiow
AUachm nt 3—hwperdon acid Mai �ace FLIn
co; Direc€or of Public Worlm
Building Inspeafor
Town I4tgcr
5
1677 Omood Street,Maps Lot 27
Watzrozd spxw Pam!-ConguwdU of Parbng b3!
July
-Couffvafion Administrator
Mamithig Board
Police,Chia
Fim Chief
Appli=t
EngmeeI
File
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