HomeMy WebLinkAbout2008-11-12 Decision Watershed Special Permit �;3 217 Z
12-23-2008
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GRANTO GRANTEE
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MI.0 ASSIGNMENT
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DEED 6D
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AFFIDAVIT _ CERT
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DEC OF HOMESTEAD UCC
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DEC OF TRUST
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DISCRIBE
Essex North Registry of Deeds
Robert F. Kelley, Register
354 Merrimack St. Suite 304
Lawrence, Massachusetts 01843-1755
(978) 683 2745 wwwdawrencedeeds.com
Bk 11409 Pg151 #32173
0 gi ,ED Ib
�SSAC HLIS��
PLANNING DEPARTMENT 1�'O i
This is to certify that twenty(2o)days
have elapsed from date of dedsion,ecd Community Development Divisi
without filing
n a pe3i. 1600 Osgood Street
TowJOyn Ci Bradshaw North Andover, Massachusetts, 01845 A True Copy '
Any appeal shall be filed "'dawn Clerk
within(20) days after the v
date of filing this notice in _
the office of the Town Clerk.
Date: November 12,2008
Date of Hearing: January 15, 2008, June 3,
2008, September 17, 2008, October 7,
2008, October 21,2008 &November
12, 2008
Date of Decision: November 12,2008
Petition of: D.F.Realty,LLC
1 Parker St., Suite C
Lawrence,MA. 01843
Premises Affected: Sea Dog Kennel,500 Sutton St,Portion of Assessors Map 74,Parcel 1-B.
Referring to the above petition for two Watershed Special Permits from the requirements of the North
Andover Zoning Bylaw, Section 4.136:
Under Section 4.136.3(a)(ii)(2)of the Bylaw to permit the use of the Premises as a pet care
facility;
Under Section 4.136.3(b)(ii)(1)of the Bylaw to permit limited activity within the Non-Discharge
Zone of the Watershed Protection District
So as to allow the construction of a 18,654 s.£, 2-story kennel and pet daycare facility, 29 parking spaces,
drainage and stormwater management system, extensive landscaping plan, lighting plan, and associated
grading work within the Industrial 2 (1-2) Zoning District and within the Non-Discharge Zone of the
Watershed Protection District.
After a public hearing given on the above date, and upon a motion by R. Rowen and 2w by J. Kusek to
APPROVE the Watershed Special Permit for the Watershed Protection District Permit as amended and
based upon the following conditions.Vote was 4—0 in favor of a application.
half of-the N Andover Planning Board
Simons,Chairman
Jennifer Kusek,Clerk
Richard Rowen
Timothy Seibert
1
Bk 11409 Pg152 #32173
" Sea Dog Kennel,500 Sutton St,
Map 74,Parcel l-B
Watershed Special Permit--Construction of Kennel and Pet Daycare Facility
The Planning Board herein APPROVES the Watershed Special Pei�itJ WbIsWct►a 118; -�s.f., 2-story
kennel and pet daycare facility, 29 parking spaces, drainage and stormwater management system, extensive
landscaping plan, lighting plan, and associated grading work. The project is located-at.500 Sutton Street,
North Andover,Massachusetts, 01845,portion of Map 74,Parcel B in thk? �} �1-2(I-2)Zoning District
and in the Non-Discharge Buffer Zone of the Watershed Protection District'.'Y6�patcdl-totals'approximately
55,767 s.f. with frontage on Sutton Street. This Special Permit was requested by DF Realty LLC, 1 Parker
Street, Suite 2C, Lawrence,MA 01843. The application was filed with the Planning Board on December 14
2007. The public hearing on the above referenced application was opened on January 15, 2008, with
additional hearings on June 3, 2008, September 17,2008, October 7,2008, October 21,2008 and November
12,2008,and closed by the North Andover Planning Board on November 12,2008. The applicant submitted
a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of
the Town of North Andover Zoning Bylaw and MGL C.40A, Sec.9.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 10.52:
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning
Board bases this finding on the following facts:
a. The project is located within the Non-Discharge Zone of the Watershed Protection
District. The final design reflects extensive discussions between the Town and applicant
to ensure the continued protection of Lance Cochichewick and the safety and welfare of
the residents of North Andover.
b, The existing structure will be connected to the Town sewer and water systems.
c. The topography of the site will not be altered substantially.
2) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The
new building will be serviced by town water and sewer. The Division of Public Works, and the outside
consulting engineer,Vanasse,Hangen Brustlin, Inc, have reviewed the application, utilities,and drainage
and stormwater management plan and deemed them to be adequate. See letters from E. Willis dated
10/02/08 and from K. Dubay dated 10/2/08.
3) The applicant has also provided extensive information regarding the construction requirements for the
"Fieldturf' product that will be used in the outdoor area. The applicant will also be providing a
Maintenance Plan for this area that will include the plan for disposal of solid wastes and the maintenance
of the "Fieldturf' area. The applicant will install two monitoring wells to monitor the "Fieldturi",
according to a plan to be approved by the town's engineer.
4) There is no reasonable alternative location outside the General,Non-Disturbance, and the Discharge Zones
for any discharge,structure or activity.
5) The stormwater management system has been designed to discharge all new flows away from the Non-
Discharge Zone of the Watershed Protection District. According to documentation provided by the applicant,
2
Bk 11409 Pg153 #32173
y Sea Dog Kennel,500 Sutton St.
Map 74,Parcel 1-B
Watershed Special Permit—Construction of Kennel and Pet Daycare Facility
the system design includes intercept swaies as well as additional stormwater management structures and an
underground detention system that also improve the current drainage performance at the site.
6) The applicant has provided a Stormwater Management, Drainage Calculations and Best Management
Practices Report stating that the proposed construction and on-going operation of the facility will not cause a
deterioration of water quality within the Watershed Protection District.
7) On November 12,2008,the applicant was-granted Site Plan Approval for the construction of the facility.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) The specific site is an appropriate location for the proposed use as all feasible storm water 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 Industrial 2 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5) The existing lot conforms to the minimum lot area requirements for a lot within the Industrial 2 Zoning
District as shown in Table 2 of the North Andover Zoning By-laws.
6) The Planning Board also makes a specific 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 Special Permit based upon the following
SPECIAL CONDITIONS:
1) Permit Definitions:
A) The "Locus" refers to the 55,767 sq. ft. parcel of land with land fronting on Sutton Street as
shown on a portion of Assessors Map 74, Parcel 113, and also known as 500 Sutton Street, North
Andover,Massachusetts.
B) The "Plans" refer to the plans prepared by MHF Design Consultants, 44 Stiles Road, Suite 1
Salem NH 03079 entitled "Sea Dog Kennel", dated November 16, 2007, revised 12/07/07,
12/13/07, 6/3/08, 7/10/08, 7/31/08, 8/10/08, 9/12/08 and 10/01/08, consisting of Sheets 1 through
10.
C) The "Project" or"Sea Dog Kennel, 500 Sutton Street" refers to the construction of 18,654 s.f.,
2-story kennel and pet daycare facility, 29 parking spaces, drainage and stormwater
management system, installation of utilities,construction of detention pond and outlet structures,
and limited grading work.
D) The "Applicant"refers to DF Realty, LLC, 1 Parker Street, Suite 2C, Lawrence, MA 01843, the
applicants for the Special Permit.
3
Bk 11409 Pg154 #32173
Sea Dog Kennel,500 Sutton St.
Map 74,Parcel 1-B
Watershed Special Permit—Construction of Kennel and Pet Daycare Facility
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.
2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
PRIOR TO THE START OF CONSTRUCTION
A) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
B) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department,
C) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Department must be contacted prior to any cutting and or clearing on site.
D) A site erosion/site opening bond in the amount of two thousand dollars ($2,000.00) shall be posted
for the purpose of insuring that all erosion control measures have been provided for according to the
approved plan,and that the site is constructed in accordance with the approved plan. This bond shall
be in the form of a check made out to the Town of North Andover. This check will then be deposited
into an interest bearing escrow account.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
B) One certified copy of the recorded decision must be submitted to the Planning Department.
DURING CONSTRUCTION
A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner,
throughout the construction process.
B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all tunes
and fenced off to minimize any dust problems that may occur with adjacent properties.
C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
D) It shall be the responsibility of the developer to assure that no erosion from the construction shall
occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be
a basis for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
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Bk 11409 Pg155 #32173
Sea Dog Kennel,500 Sutton St.
Map 74,Parcel 1-13
Watershed Special Pennit—Construction of Kennel and Pet Daycare Facility
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The applicant must submit a letter from the architect and engineer of the project stating that the
building, landscaping, lighting and site layout substantially comply with the plans referenced at the
end of this decision as endorsed by the Planning Board. Alternatively,the applicant and/or property
owner may provide a bond, determined by the Planning Board, to cover the full amount of the
landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to the use of the parking area.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) A final as-built plan showing final topography, the location of all on- site utilities,structures, curb
cuts,parking spaces and drainage facilities must be submitted to the Planning Department.
B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) 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 a.m. and 5:00 p,m. on Saturday.
D) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
E) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
F) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
G) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
H) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
I) This Special Permit approval shall be deemed to have lapsed after November 12,2010 (two years
from the date permit granted), exclusive of the time required to pursue or await determination of
any appeals, unless substantial use or construction has commenced within said two-year period or
for good cause. For purposes of this development, the developer shall be deemed to have
5
Bk 11409 Pg156 #32173
Sea Dog Kennel,500 Sutton St.
Map 74,Parcel 1-$
Watershed Special Permit—Construction of Kennel and Pet Daycare Facility
undertaken substantial use or construction if the developer has begun site grading a tree clearing
as noted on the Grading, Drainage and Utility Plan, sheet 5 of 10.
J) The following information shall be deemed part of the decision:
Plan titled: Sea Dog Kennel
Prepared for. DF Realty,LLC
I Parker St, Suite 2C
Lawrence,MA 01843
Prepared by: MI-IF Design Consultants.
44 Stiles Road, Suite One
Salem,NH 03079
Scale: I"=40'
Date: Dated November 16, 2007, revised 12/07/07, 12/13/07, 6/3/08, 7/10108, 7/31/08,
8/10/08,9/12108 and 10/01/08
Sheets: 1 through 10.
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
6
