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Home My WebLink AboutDecision - 1077 OSGOOD STREET 7/2/2008 WSP paRj% r If } ver I � , 5cHu3 lanrda at eves viax�C�igood Landig 16DO.C)sgoud meet CM ram, 978) R -4535 oat do,,, Slu �e - � cra•v� � V(978)688-9542 �C e b GI& Any shall be filed within (20) EIa s after the date of filing this notice iij the office of the Town Clerk late of$cal irtg: 6/17f08 & VIM Petition of. , A Date of bccisior�: '7If2oos Angus Real Trasf, l077 Osgood treel, lot Andover, A 01 45 P�`ern�se� A#f`eetecE; '10'�'7 Osgood Streq North A 3dDver, A" 01845 3 rs�ness within Zoning Distric4 Assessors P 3 , . time eneral �fvt 7 iefcixing to the above petitr'ot, for V4ate�sltd r Andover owing Bylaw, Section�4-13t 3 c, r e �a i ' rm�t fro, the r [LIt erts ')f the Nc"tb o as to allow to install two dry goad storage containers storage c and constrnctiooaiet-Within a ponjorr of the 2 0' aon�disturbance bcfPcr zone located refrigerated zoning district, Wi(kin the G-B After a public, hearin i erz ort the above date, WA � D €'E AI, the Plarming Board voted to APPRO a followhi a ' for the Watershed Protection District, based u � conditioz�s� pots the C 13ellavance,Director John Simons, Chairma, Alberto Angles, Vice Chairman Jennifer Rusek Clerk �'i�oill Seibert, rear men7be�r f noAxn OP HEAL'i'HSS&95g0 �.AR'N3N{'r688=S535 i i The public hearing on the above referenced application was opened on June 17, 2008 by the North Andover Planning Board. On July 1, 2008 upon a motion made by Jennifer l .usek, and seconded by Timothy Seibert, to grant a Watershed Special Permit to install two dry good storage containers and construction ofa refrigerated storage cooler within a portion of the 250' non-disturbance buffer zone located witbfn the -B zoning district within the Watershed Protection District, The original application was filed with the Planning Board on May 15, OOS_ The applicant submitted a complete application, which was noticed and reviewed in accordance with Section l 0.52 of the Town ofNarth Andover Zoning Bylaw and MGL Chapter 40A, Section 11. The Planning Board voted on the motion by a voice of 4-0 in favor_ A special permit issued by the special permit granting authority requires a vote of at least four members of afive- member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, urger Mai, Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decisions has been filed with the Town Clerk. Appendix A In aecordanae with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well pq�R� �y(f, p�� ! p�q ♦y� } �y /yip .�•. �y q l �y n y �} y � ty.�h /�'��a��' as its sneGiflc. cF t are nil . ! his deci T:lvis f;L frt Y !F Y !!_J n;ng Oriaav aalu ta�.t.�.i iii •SaARV 1'F[!l FINDINGS OF FACT. I 1_ That as a result of the proposed core tructiorl in conjunction with other uses nearby, there will not be any significant degradation of the duality or quantity of water in or entering Lake ochichewick. Tlie Planning Board bases this finding on the following f c.-ts; a) The existing structure is connected to the Town sewer system. b) The topography of the site will not be altered substantially. c Certification has been provided by a registered professional engineer that the renovations will not have an effect on the quality or quantity of nmoff entering the watershed protection district_ d The construction has been reviewed by the Town's consulting engineer, VHB, and with the application of the erosion conttol measures, thrre will be no degradation to the quality or quantity of water in oz entering sake Cochiche ick or any delineated w a s_ e) ZBA approved a variance from Section 7, Paragraph 7.3 for yards setbacks. 2. There is no reasonable alternative location outside the Non-Disturbance Zone for any discharge, strucwTe or activity. In accordance with Section 10.31 of the North And over Zorra ng Bylaw, the Pla i' O rd Makes V_- the following FINDINGS OF FACT: 4== - r 1077 OsLood Arc:t—Watophed Spatial Rwni{ Page 2 i 1. The specific site is aR appropriate location for the proposed use as all feasible storm inter and erosion controls have been placed on the site; 2_ The use will not adversely affect the neighborhood as the lot is located in a General Business zorr ng district; 3. There will be no nci ante or serious hazard to vehicles or pedestfians; 4. Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5_ The existing lot conforms to the inini mum lot area requirements for a lot within the neral Business District as Shown in Table 2 of the North Andover Zoring By-laws. 6, The Planiuug Board also makes a spcdfic finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Watmhed Special Permit based upon the following SPECIAL ONDTT IONS- t. ZBA approved a variance from Section 7 ParWaph 7.3 for yards setbacks. ) Prior to issoanee of a building permit: a) A performance guararfto of $1,000.00 in the form of a check made out to the Town of Nortli Andover must be posted to insure that corystruction will take place in accordance VAth the plans and the condition8 of tliis decision and to ensure that the as-built plans will be submitted. b) All erosion control measures as shorn on the plan must be in place and reviewed by the 1 al Wl!1 lanr,er. ) Pi for to release of the Performance Bard: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all constructim including storm water mitigation trenches and other penirient 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. b) The Planning Board must by a majority vote make a finding that the site is in conformance vMh the approved plan. 4) rya no instance shall the applicant's proposed construction be allowed to further impact the site other than its proposed on the plan referenced in Condition# 1. ) No open buming shall be done except as is pernidned during burning season under the Fire Departinerit regulations, 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation, 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. 907 osgoad Slre+et—Waluchrd Npxdaj Permit .TUW iS,2OOR Pam 3 I 8) This permit shall be dee ed to have, lapsed after a two- ( ) year period from tho elate July 1, 008 on which the Special Permit was issued, unless subgantial use or construction has corri3n e�cerl. 9) The Town Plwmtr shall approve airy changes made to these plays. Any changes deemed substantial b3i the Town 1'hmner would re quire a public bearing and modification by the Planning Board. 10) That all conditions of existing Special Permit related to this property shall re-main enforced. l) This decision must be filed with the North asex Registry ofDeWs, The following hiformation is included as part of this dccisinn' a) Plank titled: WatenheAi Special Permit for Butcher Boy Marketplace 1077 Osgood Streei,NoitL Andover, MassachusctN 01 4 Sheets C 1, Plot Plan; C2, Existing Conditions Kai; C3, Storage C~ontaincr Plan; C4, Erosion and Sedimient Control ,Plan. Prepared for: Angus realty CorpoTztion Prepared by: Lynn-field Engineering,lue., Consulting Environrr3cnul Engine ,-rs 19 Newbury Street, Suite 115 Danvers, Massaehursetts 01923 Richard Bartbr-I nes, #33017,PE Scale: l"=2W Date: June 16, 2008 1077 041,0l t Strut-WalcoS L hd Spmiak Permit July 2,2WS Page A