HomeMy WebLinkAboutDecision - 1077 OSGOOD STREET 10/1/2013 WSP y a
11-12---2013 a 0NZa
Tovm of North A-ndover
Office of the Planning Deparftnent 8
Community Development and Services Division
1600 Osgood Straet
North Andovexf Massachusetts oiw
i „
NOTICE OF DE CISION
WATERSHED SPECIAL PERMIT
7Ws la to aerli(j#W twenty(20)dmyr.
have e4msd tam dit of 69dalan.(fled
Arty appeal shall he filed wtbautthngof � a
.YiEhRrx( ) cta s after the Dak�. `.�]� 1�� .f-
.foy0 Ar 9mdA100
date of filing this notice in orrnClark
the office of the Town Cleric,
Dahl. Oetober 1, 2013
Date of Heap ings: April 16,2013, July 16,
2013, August 20, 013, September 3,2013,
September 17,2013, October 1,201
Date of Decision: October 1,2013
peEition of: "gus Realty Corporation
1077 Osgood Street
A;orTh Andover, MA 01845
Premises Affected: 1077 Osgood Sirr.0, North Audover, NIA 01845, within the General
Business ( D)Zoning District,Assessors Map 35, Lot27.
t efey ring to the above petition for a Watershed Special Permit ffom t1le regilire ea€s of the forth
Andover Zoning Bylaw,Section 4.136.
o as to aiiow� to allow the co> stmctinn of 3,672 sq. ft. Bank with mo driv thru teller wiudows
and ont drive-fl ru ATM, with 21 total parking spaces, curia e -ystc,m network, grading wid
landscape work within the Gcne l BiKiness Zoning (GB) District and the Non-DisMbaiicv and
on-Discliargc Zones of the WatersW Proiectiolt District.
After a public herring given on the above date, and UPWI a motion by R. Ro m and 2nd by M,
olantoini to APPROVE the Watershed Special Pennit for the Watershed Pro€ection District as
w,nended mid based upon the following conditions. 'Vote was 4—0 k favor of the application.
,
anning oartl
chn Simons,Chairrrtaat
Richard ttowen
Michael olantorni
Dave Kellogg
* ���dray h:•"-,14`r�"Lt�r�f }}tp v f
Bk 13699 Pg50 #32563
1077 Osgood Street, MaV 35 Lot 27
ater$lled Speciat Penrait
The Planning Boyd herein approves the Watmhed Special Pettit for the construction A 3,672
sq. ft. Barak with a drive-thru, with twn drive-tbru teller windows and one drive,-thru ATM, 21
total parking spaces, drainage systorn network, grading aid Jandscape wo& within the General
RusineSS Zoning (GB) District and the Non-Disturbance and Non-Discharge Zones of the
Watershed Protection District, The site is locamd at 1077 Osgood Sired, Map 35, Lot 27, This
Special PeTmit was requested by Angus fealty Corporation. The application was filed vAth the
Phaaming Board on Mareh 15, 2013. The applicant submitted a complete application, which vas
noticed and reviewed in accordance with Seetion 2.34.1, 4,136, 8,1, 83, 8.4, 103, and 10,31 of
the Tovm of oilh Andover Zanii )3ylaw and MGM, C40A, See. 9
Iri axxordani�e with 4.136 the Planning Board makes �is finding that the intent of the Bylaw, as wc11 as its
specific criteria, is met. This decision specifically swed by the Planning D and makes the fullowing
Yidbi OF VATi
1. The, storm aler managcnherd is designed in accordance with the Town Bylaw
requirements and Best Management Engineering and practices, and the most recent
version of the MA DEF Stormwater Handbook, acid hu been reviewed by the TowW s
outside consulting eiWrieer, Visa Eggleston. The applicant altered the origi l &airtage
design to provide for storniwi ter infiltration outside of Zone A (400 ft, from thD Uike)
and has provided adequate safeguards to mitigate pollu nts from entering the lake and
the surrounding area. See letters f m L. Eggleston dated April 10, 2013, July 15, 2013,
August 14, 2013 mid Sepftmber 12, 2013. The Plarkt ing Board has detetmined that diem
will not be any sipiffleaw ftradation of the quality ;rkd quati ity of water iih r eriteriag
Dike Coehichcwick.
2. On Janunyy 8, 2013, the project received a variance fmrn the Town of North Andover
Zoning Board of Appeals, as required by the Town of North Andover's Zoning Bylaw, to
construct a new permanent structure in the lion-Disturbance Zone. Tlhe Zoning 13owd
toured that owing to circirmsts aces related to soil conditions, shape or topography of the
land, that litenai erffomemeat of the, provisions of the Bylaw would involve snbstantiai
hardship, finarictal os otherwke_
3, The applicant has proposed a stornhwater management system that will include deed
sump catch basins, dry ells for roof runoff, hydrodya is separatoa-s, deteahtioo basins ,
propriataiy media filtus and a subsurface hifiWation strndurs. The infiltration s stoms
are designed to capft rp- rtmoff from impervious surfaces, iacitong roof runoff and to
provide,treawaent and flow attenuation befom infiltration.
4. The applicant has provided at"tiati(n for the volume of Aorm ater for the 100-year
Bk 13699 Pg5l #32563
1077 Osgood Street,Map 35 Lot 27
Watershed special Permit
storm event, to the maximum extent practicable. The design as proposed rneets the
Dep3rtn-ea1 of Environmer tal Ptotection's (DPP) 5tandaxrd5.
5. The pro*t is located witMn an extremely environmental sensitive aim aad in close
proximity to lake Cochii-,he ick- The final design reflects extensive discussknns between
the Tovm and applicant to ensure the continued protection of Lake Cocb:iohQv&k and the
safety and welfare of'the msidents of'I oyth Andover;
, The, applicma has provid l a detailed "inspection and Mainwrrnnre Plan" for the
storm ater management system. Ir otporated into this Decision are mqiairemants that
regWre on-going oversight of this plan by the Planning Board and the Planning
Department staff,
7. The applicant has provided a detailed Pirrject clxedk,�le that includes a firnelffie for
constructio€r and Aso inchtdes a Parking lmpaq,,t hedule, that Iists the number of exiAng
parking spaces that will be impacWd during the cony trucliori_
8, The new building will be connected to the Town sewer and water systems.
, A deed restriction will be placM limiting the types of fortifi ers that can be issed ern the,site.
10. The topography of the site will ni3t be altered substantially.
11. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use_ The project will provide 'fawn water, sewer, and utilities on the, property
to adequately €tddress the needs of the project and has been reviewed by tho Division of
Public Works and the ut t ide consulting engineer, Idancook Engineering Services, Inc,
12. As conditioned, the site is an appropriate location for ft project use and proposed
strac.tures.
Upon itacl)ing above findings,the Planning Board approves this Special Peunit based upon the
follov4 ng SPECIAL CO DITIONS-
1. l ertnil Definitions-
a) The"Locus" refers to the 320,080 sq. ft. parcel of land with Iand fronting on€3 good
Street as shown on Assessors Map 35, lot 27, and also known as 1077 Osgood Street,
North Andover, Mnssacb�asetts.
b) The"Flans" rt-Al n! to the plans prepared by Lynn ieId )bRgi neeri ng, hie, dated March 15,
2013 revised Jm,- 26, 2013, Augast 1, 2013, and August 29,2013 4 rsn itled"Pentuck'a
Bank at Butcher Boy Marketplace 1077 Osgood Street North Andover, Mamachu'setts
01845" 2md consisting of'sheets C t through C11, Lighting Plwi E-I,E-2, Landscape Plan
LY1, Vehicular Access ?flan A-1, and Eks vaban Mans A210 and A211,
3
t _ Bk 13699 Pg52 #32563
1077 Osgood Strcet, Map 351 of 27
Watea-shed Special Penrkit
0 The"Project"or"1077 Osgood txwt"refers to the cmistruction of a 3,672 sq. fl, Bank
with two drive-tluv tellers and one.drive-thru ATfvl, with 21 total parking spaces,
drainage system network, grading and landsi�apc work within the, Cier}erai Business
Zoning (GB) District and the Watershed Protection District.
d) The"Applicants„refers to A-ngns Realty Corporation,the applicant for the, Special
Pewit.
O X °`l *,ct{owner"refers to the person or entity holding the fee interest to the title to
the Locus from time to time, which ran include but is ixot Iimited to the applicant,
developer,and ownen
2. The Town Planner shall approve any changes made to these pf m. Any changes deemed
substantial by the Town Planner would require a Public Hearing and modi#ieatiou to the,
Special Penxx t by the Planning Board. This Watershed Special Permit may only be Lpsed in
coi3junction with the Special Pem-lit for Site plan Review 3pt�ciai Permit for these samr
preniises approved October t, 2013.
3. PriQr to the endorsement of the plan;
a) The applicauit will provide copies of all Dads ions, Notification and Orders of Conditions
from the North Andover onsmrvaticn Commission,
4. Prior to Mart of construction or site work and prior to the issuance of a building permit:
a. A gash bond often thousand dollars (.$10,000,00)made o�t to the Town of North Andover
' must be peened to insure: that the cowmrm ion, erosion control, treasures, and perfonriance
of any ether condition contained herein will take place in accorclonce with the plans and djf,
conditions of this decision and to ensure that the as-built plans will be submittcd, TMs fwid
Ul also he�used to cnwre 5 years of mainttriance for the Stormwaler MaF;age ent S s;%rn
is couxpleed, as ou lined in the frjspe tion & Maintenance Plan, dated Sepwmber 1 ,2013,
by f,ytnxfieici Engineering. fluids shall be released after S }rears of quarterly reports have
b=filed by the applicant, as otWined in the Inspection&. MainteI}ance Plan.
b_ All M-gatenance recommendatiom conMined in the quarterly reports i�ef'e iic in
l' Condition 4.a -ball be implemented, There shall also be inspections within two b mess
days a#tcr l 00-yeas•storm events,
c. The, applicant shall designate arz independent Construction Monitor who shall be chosen
in consultation with the Plan ng Depwment staff: The Construction Monitor shall
r,ubjnit weekly reports dwing the entire duration of the con traction of the project and
must be available upon four (4) hour notice to inspect the site with the Plaming &1 rd
staff, The, Manning Staff may �:Pdixce the frequency of reports upon review of sUch a
re,queg from the applicant.
4
Bk 13699 Pg53 #325 3
1077(Ngood St r-eat,Map 35 Lot 27
Watcrshed Spcuial permit
d- A. cash bond in the wnmint of Wn thowand dollars ($10,000.00) shall be pasted f'or the
purpose of covering any maintenance, contingencies, f onsnitanls or emergency situations
that may degrade or impact the, quality of the Town's drinking water supply, Lake,
Cochichewick, The Guarantee shall be in the form of a bond acceptable to the TO-wn
trade payable to the!`own of NoTth Andover bond account and wit l be held in perpewity.
Should the property be sold or transferred, the Pluming DeNrtrn=t will require that a
bond be posted by the new owner and to be held in perpetuity. Said bond will oily be
utilized for the purpnses stated above. Any funds utilized under the cash bond under this
section shall be replenished within 15 business days.
e. The applicant small contract witii a Starmwater Systm Maintenance inspector, with
experience is 3nspecfipu and maintenance of CO TECH Stom Fiheers. ne inspector shall
be chosen in ooriskillation with tNe Flaming board and the Conswvation C=Tn ssion StW.
The inspector shall be responsible for implerncrnting the pertinent compui is of the,
"trrspoction and Maiutenance Plan°'referenced to is&(,ument and soli also Ise ceirtiflM to
0811A Confined Space Standard 29 CFR 1910,146. A copy of th contract shall be
subimitted by the applicant to the sown.
L To ensum the continued protection of the health and wolfare of the residents of North
Andover aW IeSsen the probability and pcsssibility of coutatnilnatian and incident to the
Town's primary source of drinki ng,the applicant has provided to the Pla vu ng DeparEtnent a
compHiensive, ergeney response Plan and Maintenaatcc procedures. This plan was
submitted and ap xcxvedas. art of the Inspeclion & Maintenance, Piati, Said r��rgencj+
Resp and l ahitexzauce Procures will be' dFi tHbdted tip ie To r�'s 1�ire
De,parLmeut, Police 1Depwtrnerrt, Pimming Departaitnt, and the project site where the
dccirment(s) will be kept on fitc, and easily accessible in ease of an 4 tmergency. A report
of a Major Discharge, as outlined in the Eniergerrcy I espnnse Plat section of the
;inspection and Maintenance -Plan", shall be provided to the tovm within 48 hours of the
eveJit.
g. An ink, as-built will be provided after the storrnwater system has been installed,
verifyrfi all storrmwater structures, includii% inverts. A qualified iengineer shaa provide
written certification that the system leas been bvilt according to the plan, has been inspected
daring wet weather and tunctsons as d�signed-
h. The materials for the root of the propoi� d building shall not contain metals (if any kind aW
the ard-i tectcual plans for the building must be part of the approved plans. The materials
shalf not bi-,changed w fbout the approval of the Plant)i ng Board-
i, All �-Osiont Control measures as shovAi okI tb� plan must be in p1 e and reviewed by the
Town Plamier and Cor ervation Department.
�. 'I"k me (3) cnpies of the signed, recorded plans and the decision nn�st be delivered to the
Planning Department.
5
Bk 13699 Pg54 #32563
1077 Osgood Street,Map 35 Lot 27
Waterslied Special permit
k. `fellow "Caution„ taps mtnst be placed along the Urnit of olearir g and grading as shown on
the plan. The Plarming ta,f n-sust be eontacted prior to any clotting and or clearing on si#e.
1. A pre-coniswaf tion meeting must be, held with the developer, their constmoiion employees,
PWvdng Department and Conservation epartxnent (arid oth" applicable departments) to
disctnss wheduling of inspections to be condo-ttxl on the, project and the constrnotion
schedule,
ni. No road salt, sodium chloride, or othe2- deicing ch mkals shall be usf,,tl on paved
sutfhocs ire the buffer zone, and auy ar ngerneant for snow removal .&hall so stipuiate due
to the impoMmce of the site and wetlands. In addition, permaznent signs designating"No-
Salt Zone" and "No-Snow Stockpiling Zones" shall b� displayed in prominent locations
along the Non-Disturbauce Zone. as approved by the Conservation Department. and
8bo n on the herein referenced plans, FcAilizers utilized for landscaping and lawn cane
skull be slow release, low-nitrogen types (< 5%), and phosphorous-fxee, The use of
pt-sticides and herbieides are proWbitecl. Pesticides and hcrbiaides shall not be rased
within 100 feet of a wetland resource aiva. The applicant shall incurporate this
condition as a deed reAric#ion and a copy of the rewrded deed shall tar submitted to
the Tmvn Planer aad included in the fife.
) Prior to release of the Perfo3rmante Road:
a, The applicant shall submit are as-busft plan s annped by a € egisteated I'mfessional
Engineer in Massachusetts that shows all construction, including storm water structures
and other pertinent site features. TWs its-built plan shall be submitted to the TD nn
planer for approval and n,=t be pwMded ii1 pager form as well as in SDF (Standard
Digital File) format. The applicant roust also submit a letter from the a:ruhitact and
mgin= of the project statiag that the build.ingp landscaping, ligirtsng and site layout
substantially comply with the plans at the end of this decision w endorsed by
the Planning Board_
h, Quarterly third-party irnsp Won reports, as outlined in IN, Inspection and -Mai teznwice
Platt, shall be provided to the town for revis . If the reps r, indicate failures in the
system, the Plarming Moore&may i:Noire a modification to the Special PeiT nit.
c. if weather conditions do not perm t the completion of the landscaping prior to the usa;of
the buUding, the appikannt andfor property ovAiez may provide a band, deter mhied by the
Plann41g Roam,to cover the full amount of tit landscapiangrnaterials and installation,
d, "lie Planning Board rntL-,t by a majority vote make a finding that the site is in
c,anfor=nro with the approved Plan,
) Prior taa Cerflfxate of Occaapancy:
The Plam-,ing Staff shall ri:Mew the,site. Any scveening as may be reasonably xequirecl by
the Planning S taf€wilt be added at the Project.0wrier's expense
6
Bk 13699 Pg55 #32563
1077 Osgood Street,Map 35 W 27
Watershed Special Perrnat
?) The applicant niu8t compiy with the condition:q set forth in the Site flan review SpeCial
Permit approved on October 1,2013 and the Oonrervation Corranission Order of Conditions
related to this project.
8) The hors for constmotion shall lac limited to between 7:00 a.m. and 5:00 p.m. Monday
through Friday and between 8:QO a,txn. and 5.00 p.m. vrt Saturday.
9) No open buni*shall be clone except as is permitted doming bum ing season ruder the Fire
depart m,,,nt regulaticus.
10) The Contractor dull mntact frig Safe at lust 72 hows prior to conuneiir'irkg excavation.
11) The provisioiis of this conditional approval small apply to and he binding ztpon the applicant,
its employees and all suo wrs and assigns ire interest or control.
12) Shmild the Project Owner wuisfi r ownership of the project anchor pmpeity prior to
completion and submi ssion of the final as-builts, buyer Thal l meet with.the Pkaning
Board to provide an update on the status of the project.
13) This Special Permit approval shall be decmed to have lapsed October 1, 2015 {two years
from the date of exclusive of the time requimd to pursue or await dete mipatitsn
of any appeals, unless substaWial use or consiruc(ion has commenced within said two-
year period. Subslanfial use oir construction will be determined by a majority vote of the
Platming Board.
14) The appficauit is hereby notified that sshould the applicant disagree with this decision, the
applicant has the right under KGL ChapW 40A Seexion 17, to appeal this decision within
N,enty days after the date this decision bas b*--a filed with the Town Clerk,
15) This decision must he filed with the Essex North Pu,,giStry of Deeds. The Following
information is included as part of this decision;
Plan filled: Pentucicet BaTik at Butcher Boy Marketplace 1077 Osgood Sired
North Andover, assacltusetts 01845
Prepared for- Arigus Realty Corpowiopi
1077 OsgoiA Street
North Andover,MA 0 18 5
Prepared 6y: Lynn#ieid Bngirteering, lne,
199 Newbwy Street, Suite 115
Danvers,Ma 01923
c,ale: V= 50,
Date: March 15, 2013 revised June 26, 2013, August 1, 2011, arrd
August 29, 2013
7
Bk 1 699 Pg56 #3 563
. . w
1077 Osgood Street,Map 35 Lot 27
Watershed Special Permit
Sheets'. Cl Through C11, Lighting Plan 13-1, E-2, Landscape Plan L-1,
Vi #hicuiar Access Plan VA-1, and Elevation Plans A 10 and A211
Rcpom Stoat Water Mmagpment Deport
Prepared fir; Angus Realty Corporation
Pt,e,pared Oy} Lynnf'Yeld Engin=lng, Lug.
199 ewbm-y tree#,suite 115
Danvers, IAA 01923
Date: lvl=h 15,2013,Revised to August 1, 203
Report. Inspection &Maintenance Plan
Date: Much 15, 2013,Revised to Sepwrribex 16,2013
Prepared by: Lyrmfteld Fjagineering, inc.1 9 Newbury ftoet, Suite 115Danver8,
A 01923
keport. Tra#'ie Impact acid Access Study
Prepa" by. Bayside Engineering
Date- Nov=ber 27, 012
Report: Landscape Plan
Prepared by- James K.Enurmuel Associates
Date; .dune 24, 2013
Repot: epic€filar Access Plan
Frgared by. Lymfield Engineering, Inc.1 9 Newbiiq Sit, Suite 115Danvers,
A 01923
Date. August 29, 2013
Report: Architectural Elevations
Prepared by, Lloyd Amhitects
}ate: April 2 5,2012
cc: Direcmor of Public Works
Conservation Adrninisuator
Drahlage Consultant
Plarmiag 13omd
Police Chief
Hre Chief
Applicant
Engineer
Rile
8