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HomeMy WebLinkAboutDecision Lot Slope Exception Special Permit 09-20-2011 02-17--2012 Q 03 a 18P i• PLANNING DWARTlVMENT ' Community Davolopn+ant Division )� 1600 Osgood t►traal .t Morih Ardarar,lMoss4tWitts,01M Pksna:9794U4$15 fax:9710&9349 ThIs is to oehity that iwerity(20)days hava etrw from date of dam,AWd without ling�M&Mw NOME OF DEC)US1ON Dl LOT SLOPE EXCEPTION SMICIAL PERMIT Torn Any appeal shall be 11Ied within(20)daunt after the date of tiling this notion is the office of the Town Clerk. Bate: September 20, 2011 Date of Hearings,. September 20,2011) Date of Decision: ,Septeanber2012011 Applications of: The Shelter Group,ine. 218 North Cha rlu Street,Smite 220 Baltimore,M9 21201.4019 Property Owner: Boston Hill Development,L LC 100 Andover DypLm,Suite 300 North Andover,Massachusetts 01945 Property: -AF1275 Turnpike Shvet(Aesesaors hUp 107A,Paresis 149,283 and 284) Referring to the above patition for a lot Slope Exception Special Permit from the requirements ofthe North Andover Zoning Bylaw,Sections 8,10 and IOAI So an to allow the construction of up to a 140 unit Continuing Care Retirement Center,with associated, grading parking,utilitlea,landsceping,within the Village Ruidential(V-R)Zoning District;on a lot con#eaning areas with natural slopes exoeeding 33%(3:1)ova a hori=tal distance of 30 feet as tneaswed pMmidicalar to the contour on a tract or pamel of land. After a public hearing given on the Above date, and upon a motion by R. R.owen and 2w4 by R. Glover to APPROVE a Spacial Permit based upon the following conditions.Vote was 5.0 utsmnimous In favor of the application. bclut}f of the No Andover Planning Board abn Sitnnons,Chairman Richard Rowan AT tgt.. Mlolneei Golantoni A.LTruo COPY Rlckoy Glover p,y..d sd": .,w 'timothy Seibert Town Clerk Bk 12822 Pg105 #4295 The Shelter Group 1275 Turnpike Street Lot Slopo Exception Special Permit The project is located in the Village Residential(V R)Zoning District and is located on property shown on the North Andover Assmors Maps as Map 107A,Parcels 349,283 and 284 consisting of approximately 33.35 sores of land with frontage on Turnpiko Street,and is depicted on a plan entitled"Consolidation Plan,Boston Bill in North Andover,M&"dated July 20,2010,prepared by Marchionda&Aaaoniates,LP,and endorsed as an Approval Not Required (ANR)Plan on August 5, 2010. This Special Permit is requested by the applicant,The Sbeelter Group,218 North Charles Sftr4 Suite 220,$altirnom MD 21201.4019. The applicant submitted a complete application, which was noticed on September 6 and,September 13,2011,and reviewed in accordance with Sections 8.10 and 10.31 of the Town of North Andover Zoning Bylaw and MOL Chapter 40A, Section 9. The Planning OoW voted unanimously(5.0)in favor of the Sproul Permit, A special permit tuned by The special permit granting authority requires a vote of at least four members of a rive-member board. The applicant is hereby notified that should the applicant disagree with,this deoisiom,the applicant has the right,under MGL Chapter 40A, Sermon 17,to appeal to this decision within twenty days after the data this decision has been filed with the Town Clark. In awordanoe with 8.10 the Planning Board makes the finding that the Inlet of the Bylaw,as well as its apwifm criteria,is mat. This decision specifically atatnd by the Planning Board makes the following Wings of fact FIlV DIGS OF FACT: 1. The Planning Board has worked to assist in the propone nt's design ofthe Project so that it will minimize the disturbance of the Property's steep slope and madmize the retention of natural topographic£canons,as described in the Site Plan Special Permit and CCRC Special Permit Decision,dated April 6,2010. The Applicant proposed certain ndjustmemts to the Project which were approved by the Planning Hoard in its Notice of Decision(Insubstantial Chanp),dated July 5,2011. 2. The areas with natural slopes exceeding 33%(3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on the parcel have been excluded from the mUrraunrr lot size arcs required for the applicable:zoning district(Village Residential 43,560 sq.fQ: a) The total area of slopes equal to or steeper than 3:1 is 1.1 a ores. b) The total parcel area less slopes equal to or steeper than 3:1 -33.3— 1.1 m 32.2 Um. 6) The total area of slopes equal to or steeper than 3:1 to be disturbed- 18,000 sq.K 3. Section 8.10.1.f of the Zoning Bylaw mblees the Planning Board to grent a.spacial permit for exemption from the provisions of this section if,in the Hoard's opinion,the proposal satisfies the 2 L ....--... ----- -- 1 Bk 12822 Pg106 #4295 The Shelter Group 1275 Turnpiko Street Lot Slope Exception Special Permit purposes of Subsection 8.10.1.a,and in asses where the proposal includes disturbing or creating slopes exceeding 33%,the request for special permit is accompanied by: a) A geotcabnical report prepared by a registered professional olvil engineer in the Commonwealth of Massachusetts that recommends methods for slope stabilization, b) A commitment from the applicant to fund construc6onz inspection servio s of a geotechnical engineer." 4, A geoteeWcal report was prepared by Dr, Clarence Welti,P.B„P.C.,a registered professional civil engineer,dated January 30,2009,and a letter was presented by Paul A.Marcluonda,P.B.of Mar bionda&Associates,L.P.as part of the required submittals for the Continuing Care Retirement Center Special Permit(CCRC), approved by the Pimining Board on April 6,2010. X]r.Welti's report addressed several methods for stabilization of the out slopes,including the use of a tlemd retaining wall system,wh 6 is shown on the approved plans, 5, A Slope Stabilization Bond in the amount of one-band red thousand dollm($100,000)was wired by the CCRC Special Permit,for the purpose of ensuring the stabilization of the slopes. These monies or the balance there:ofwM not be released until three years from the date of completion of slope construction. For purposes of this section,"date of completion of slope cowtructio»"shall be defined as the date that the Town's Conmuction Monitor certifies In writing to the Planning Board that the slopes and associated retab&g walls have been constructed in accordance with approved plans and this decision. Furthermore,the Town's Construction Monitor shall not make this determination until a joitnt site visit has bean scheduled with the Planning Board. 6, The CCRC Special Permit also requires that the retaining walls shall be desiped and stamped by a structural engineer rogisterad in the state of Massachusetts. Stamped plans and calculations shall be submitted to the Planning Department and the Building)rnspcxtor print to construction. The submittal of plans is for informational purposes only. The applicant must apply for and receive a building permit to be issued for the refining walls at both the.front and rear of the Property. 7. The purpose and intent of the regulations contained in Subsection 8.10.1.a(Purposes)of the Lot/Slope provisions of the Zoning Bylaw are met. 8. In accordennce with Section 10.31 of the Zoning$ylaw,the planning;Board&ds flat all the following conditions are met. a) The specific site is an appropriate location for such a use, structure or eo"tion since the Property is zoned for a continuing care: retirement center, and the site layout compliments the surrounding uses and provides for adequate access, as well as for adequate water and other utilities. b) The use as developed will not adversely affect the neighborhood character since the lot area is well in excess of minimum requirements, and the proposed CCRC 3 - - _. Bk 12822 Pg107 #4295 The Shelter Group 1275 7lrrnpike Street Lot Slope Exception Special Permit building will be set back in a manner consistent with requirements under the Zoning Bylaw. c) Social,economic,or community needs which are served by the proposal since thB Project will provide for additional opportunities for senior rare by a well.lcnown service provider at a density whieb is less than would otherwise could be developed in the CCRC Zoning District at the Property, from an rc000mic standpoint,the Project will serve as a new source of tax rev4plue to the Town,and rdurn a currently vacant, unused site back to productive economic use while at the same time permanently preserving a critical land area as open space, d) 'Mere will be no nuisance of serious harard to vehicles or pedestuians since driveways have been located to provide for the best available sight distance along Turnpike Street,and the layout has been designed to modmize on-site and off-site safety for pedestrians and v Mcles, e) Adequate and appropriate facilities will be provided for the proper oparatioan of the proposed use since the Project will be serviced by municipal water and other utilities that adequately address the needs of the Project. Stormwater management facilities will provide adequate treatment of storrnwater in accordance with applicablo mquirements, fl The use is in harmony with the general purpose and intent of the Zoning Bylaw for the Treasons described above. Upon reaching the above findings,the Plawdixg Board also fords that the project generally implies with the requirements of the North Andover Zoning Bylaw,but imposes the following conditions in order to be fully in complianoe with.the North Andover Zoning Bylaw. Based upon the foregoing,the Planning Board hereby votes to approve this Special Permit as described in the"Flails"and other supporting inforn wtion described in the public record,provided the following conditions are met; $pedal Conditions; 1. Permit Defilnj fts: a) The"Property"refers a 33.35 acres of land fronting on Turnpike Street, as shown on AwessarsMap 107A,Parcels 149,285 and 284,also[crown as 1275 Turnpike Street, North Andover, Massachusetts, and as depicted ors a plan entitled "Consolidation Plan, Boston Hill in North Andover, MA, "dated July 20, 2010, pmpared by MaroMnoda & Assoclates, LP, and endorsed as an Approval Not Required (ANR) Plan on August 5,2010.. b) The "Plens" refer to the plans prepared by MarcWonda and Associates, Stoneham MA 01028, entitled "Special Permits Plan, Notice of Intent Plan and Stormwater Pollution Prevention Plan for The Artrors at North Andover'l, Applicant Blur Development Services, LLC 200 North Main Street,Bast 14ngmeadow MA 01028, revised to Marcb 3, 2010, The flans also include the "Lot Area Calculation flan, Special Permit Plan per Zoning Bylaw Section 8.10 for The Arbors at North Andover, North Andover,MA,Applicant,The Shelter Group,dated August 10,2011 A ......... Bk 12822 Pg108 #4295 t The Shelter Group 1275 Turnpike Stmot Lot Slope Exception Special Permit c) The "Project" or "1275 Turnpike Strut" refers to the construction of a 133 unit CCRC housing development, with assooiated, grading.,parking, utilities, landscaping, in the Village Residential (VR)district on Turnpike St., at the location of the former Boston Hill ski area as shown on the`Plans"as defined above. d) The "Applicant" refers to The Shelter Group, Inc., the applicant for the Special Permit. e) 'lie"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from Ume to time, which can include but is not limited to the applicant, developer,and owner. 2, This decision must be morded with the North Essex Registry of Deeds after the expiration of the 20-day appeal period. Included as a part of No decision are the following plans: 3. "Lot Area Calculation PIan,Special Permit Plan per Zoning Bylaw Section S.10 for The Arbors at North Andover,North Andover,MA,Applicant,The Shelter Group,dated August 10,2011 4. Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner would require a public hearing and a modification by the Planning Board, 5. Prior to any site disturbance, a) All erosion control devices must be in place as shown on the plan. b) This decision,along with'The Playas"must be recorded at the North Essex Registry of Deeds and it certified copy of the recorded decisions and plan must be submitted to the Plug Office. o) All of the items listed in the CCRC Special Pw"lit decision dated April 10,2010, section 6 must be met, 6. Prior to the Imuanee of a Building Permit: a) All of the items listed in the CCRC Special Permit decision dated April 10,2010, Section 7 must be met. 7. Prior to Certifleate of Occupancy issusuee. a) All of the items listed in the CCRC Special Permit decision dated April 10,2010, section 9 must be mci. 5 .... Bk 12822 Pg109 #4295 The Shelter Group 1275 Turnpike Street Lot Slope Exception Spacial Permit 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9. Gas,telephone,cable,and electric utilities shall be installed as speoified by the respeotive utility companies. 10.No open burning'shail be done except as is permitted during the burning smon under the. Fire Department regulations. 11.No underground fuel storage:shall be.installed except as may be allowed by Town, Regulations, 12.The provisions of this conditional approval sball apply to and be binding Upon the applicant, its employees and all suocessors and assigns in intent or control. 13. This permit shall be deemed to have lapsed aids a two(2)year period from the date,on which the Special Permit was granted,September 20,2011,unless substautiel use or eonstruotion has commenced. Therefore the pwmit will lapse on September 20,2013. 14.The Mowing shall be deemed part of this decision, Plain titled: Special Permits Plan,Notice of Intent Plan and Storrnwater Pollution Prevention Plan for The Arbors at North Andover," Applicant, Elm Development Services, LLC 200 North Main Street„East Longmeadow MA 01028,revised to March 3,2010. Consolidation Plan, Boston Hill in North Andover, Ma. Prepared for Boston Hill Development LLC, 100 Andover ByPass North Andover, MA 01845, dated July 20,2010. Lot Area Calculation Plan, Special permit Plan, per Zoning Bylaw Section 9.10 for The Arbors at North Andover,North Andover, MA, Applicant, The S)Wter Group,dated August 10,2011. A gewtechnical report,prepwod by Dr. Clarence Wald,P.R,P.C., a rogistarel pmfessiorW civil a nglneor dated January 30,2009, Prepared fon The Shelter Group,Inc. 218 North Charles Street,Suite 220 BaltimoM MD 212014019 Prepared by: Mambionda&Associates,LP 62Montvale Avenue,Suita 1 Stoneham,Massachusetts 02180 Scats 1"�80' 6 ..___.... ...... A .......... ................ ........... Bk 12822 Pg11O #4295 The Shelter Oroup 1275 Turnpike Street Lot Slope Exopption Special Parnit CO: Town Departmants Applioant 1119,tne6r Abutters Assassar .. ........... ...... ... .... ....