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HomeMy WebLinkAbout2003-05-06 Decision Site Plan Review & WSP Town of North Andover Office of the Planning Department Community Development and Services Division y 27 Charles Street North Andover, Massachusetts 01845 iittL:LLyww.toAij)c)fltottl-lart(lovei,coii,i Planning Director: tc�wnofIIor tll��r�Idover coIII � P (978) 688-9535 J.Justin Woods — — P (978) 688-9542 NOTICE OF DECISION SENT LISPS VIA CERTIFIED MAYL RETURN RECEIPT REQUESTED Clark Street Napoli Trucking Watershed Special Permit The public hearing on the above referenced application was opened by the North Andover Planning Board on March 11,2003 and closed on April 8,2003. Philip Christianson,RE, of Christianson&Sergi,Steven Webster and Attorney Domenic Scalise represented Mr.Napoli, On May 6,2003,Nardella made,and White seconded,a motion to grant a Watershed Special Permit to allow for the construction of two steel frame 6,000 square foot garages and related site improvements and landscaping within the Industrial-2 Zoning District and Watershed Protection District,under the requirements of Section 8.3& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by the by Louis Napoli,Napoli Trucking, 52 Inglewood Street,North Andover,MA,01845. The original application,excluding revised documentation,as cited herein,was filed with the Planning Board on submitted on February 4,2003 with subsequent submittals on file. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 10,52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9.The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5 in favor to 0 against(Schwartz did not vote). A special permit issued by a special permit granting authority requires a vote of at least four members of a five- member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning Bylaw, Accordingly, the Application for the Watershed Special Permit is approved with the attached conditions. The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right,under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. Respectfully Submitted: J. n Woods,Planning Director he North Andover Planning Board; John Simons,Chairman Alberto Angles,Vice Chairman Richard Nardella,Cleric George White Felipe Schwarz James Phinney,Associate Member fou BOARD OF A,PPEALI"B88-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 j Clark Street Napoli Trucking Watershed Special Permit May 13,2003 Page 2 of 3 Appendix A Appendix A In accordance with 4.133 the Planning Board snakes the finding that the intent of the Bylaw, as well as its specific criteria,are mct. Spcci fically the Planning Board makes the following 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 building will be connected to the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) Certification has been provided by a registered professional engineer that the construction of the two steel frame 6,000 square foot garages and related site improvements and landscaping will not have an effect on the quality or quantity of runoff entering the watershed protection district. d) The construction of the building has been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion control, use of organic low nitrogen fertilizers, and drainage infiltration system, there will be no degradation to the quality of quanity of water in or entering Lake Cochichewick. 2. While no construction occurs in the Non-Discharge Buffer Zone, there is no reasonable alternative to constructing some parking and drainage facilities in the Non-Discharge Buffer Zone. 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 reasible storm water and erosion controls have been placed on the site; 2. The use wil l not adversely affect the neighborhood; 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 proposed use is allowed in the 1-2 District,and conforms to the applicable dimensional criteria. A Special Permit for the project was granted by the Zoning Board of Appeals. 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) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan Titled: Napoli Trucking Located at Lawrence Municipal Airport Clark Street North Andover,Mass. Prepared For: Louis Napoli,Napoli Trucking Prepared By: Christiansen&Sergi. 160 Suinlner Street Haverhill,MA 01830 Sheets: 1-3 Scale: As Noted Dated: January 21,2003, last revised March 17,2003 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ti r Clark Street Napoli Trucking Watershed Special Permit May 13,2003 Page 3 of 3 b) 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. 2) Prior to issuance of a building permit: a) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. b) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 3) Prior to a Certificate of Occupancy: a) 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 fiom 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 with the approved plan. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition# 1. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) 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. 8) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (two years from the date permit granted)unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File BOARD OF APPEALS 688.954E BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688.9540 PLANNING 688-9535