HomeMy WebLinkAbout2009-03-16 Decision Watershed SP DEF SUB 01
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7 PLANNING DEPARTMENT
8 Community Development Division
9 1600 Osgood Street
10 North Andover,Massachusetts,01845
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12 Decision—Watershed Special Permit-Final
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14 Any appeal shall be filed
15 within(20)days after the
16 date of filing this notice in ,
17 the office of the Town Clerk
18 Date: March 16,2009
19 Date of Hearing: October 7 through March
20 16,2009
21 Date of Decision: March 16,2009
22
23
24 Petition of: 166 Salem Street Realty Trust
25 166 Salem Street
26 North Andover,MA 01845
27 Premises Affected: 166 Salem St.,North Andover,MA,Assessors Map 37D,Parcel 21.
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29 Referring to the above petition for a Watershed Special Pemit from the requirements of the North Andover
30 Zoning Bylaw,Section 4.136:
31 Under Section 4.136.3(b)(ii)(1)of the Bylaw to permit limited activity within the Non-Discharge
32 Zone of the Watershed Protection District
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34 So as to construct a three-lot subdivision,including a roadway,the installations of stormwater
35 management infrastructure,the installation of underground utilities,connections to existing water and
36 sewer service and substantial grading within the Non-Discharge Zone of the Watershed Protection
37 District.
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39
40 After a public hearing given on the above dates,and upon a motion by R.Rowen and 2"d by J.Kusek to
41 APPROVE the Application for a Watershed Special Permit as amended and based upon the following
42 conditions.A vote of 4-0 was made in favor of the application.
43
44
45 On half of the North#dover Planning Board
46
47 John Simons,Chair
48 Richard Rowen
49 Jennifer Kusek,Clerk
50 Timothy Seibert
51
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166 Salem Street Realty Trust
166 Salem Street Watershed Special Permit Decision
Map 37D Parcel 21
2 The Planning Board herein APPROVES the Watershed Special Permit to construct a three-lot subdivision,
3 including a roadway, the installations of stormwater management infrastructure, the installation of
4 underground utilities,connections to existing water and sewer service and substantial grading within the 325
5 foot Non-Discharge Buffer Zone of the Watershed Protection District. The project is located at 166 Salem
6 St.,North Andover,Massachusetts,01845,Map 37D Parcel 21 in the Residential 3(R-3)Zoning District and
7 in the Non-Discharge Buffer Zone of the Watershed Protection District There are three parcels with a total of
8 approximately 115,909 s.f.,two of which have frontage on Salem Street with the third having frontage on the
9 new roadway. This Special Permit was requested by 166 Salem Street Realty Trust of 166 Salem St.,North
10 Andover,MA 01845. The application was filed with the Planning Board on September 3,2008. The public
11 bearing on the above referenced application was opened on October 21, 2008, and closed by the North
12 Andover Planning Board on March 16,2009. The applicant submitted a complete application, which was
13 noticed and reviewed in accordance with Sections 4.126,8.3,10.3,and 10.31 of the Town of North Andover
14 Zoning Bylaw and MGL C.40A,Sec.9.
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17 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
18 Section 10.52:
19
20 FINDINGS.OF FACT:
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22 That as a result of the proposed construction in conjunction with other uses nearby,there will not be any
23 significant degradation of the quality or quantity of water in or entering Lake Cochichewick, The Planning
24 Board bases this finding on the following facts:
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26 1 The project is located within the Non-Discharge Zone of the Watershed Protection District.
27 The final design reflects extensive discussions between the Town and applicant to ensure the
28 continued protection of Lake Cochichewick and the safety and welfare of the residents of
29 North Andover.
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31 2- There will be no construction of stormwater management systems within the limits of the 400 ft.
32 buffer of the Non-Discharge Zone. The creation of the subdivision will result in limited
33 disturbance within that buffer zone,due to the construction of the new home, an allowed use
34 according to the Town of North Andover Bylaw,section 4.126.
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36
37 3. The applicant has applied for and received approval for a Definitive Subdivision of Land,that
38 shows the creation of three lots that conform to the dimensional requirements for a lot within
39 the Residential 3 Zoning District as shown in Table 2 of the North Andover Zoning By-laws.
40 The applicant had previously proposed a four lot subdivision with a conventional subdivision
41 road,that would have been more intrusive and would have had much greater impact on the
42 neighborhood and the surrounding environment. Specifically,the current design eliminates
43 the need for the construction of a detention pond in the Watershed Protection District.
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45
46 4. The applicant had applied for an Earth Removal Special Permit from the Town of North
47 Andover Zoning Board of Appeals,under Section 5,paragraph 5.6.2 of the town of North
48 Andover Zoning Bylaw for the removal of 3,655 cubic yards of excess earth material related to
49 the construction of a four-lot subdivision. The applicant requested a withdrawal without
50 prejudice due to the fact that the design of the Subdivision was changed from four lots to three
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166 Salem Street Realty Trust
166 Salem Street Watershed Special Permit Decision
Map 37D Parcel 21
1 lots with a reduced roadway layout so that the Earth Removal Permit was not required.The ZBA
2 voted to grant the applicant's request for a withdrawal without prejudice on January 13,2009.
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4 5. The applicant has provided for sufficient erosion control measures to ensure that any
5 stormwater runoff that occurs during construction is contained and infiltrated on-site.
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7 6. The applicant has also provided information showing that there will be very little runoff from
8 new impervious surfaces and that the runoff will be discharged into the ground and infiltrated
9 within the two rain gardens to be constructed on site.
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11 7. There is no reasonable alternative location outside the General, Non-Disturbance, and the
12 Discharge Zones for any discharge,structure or activity.
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14 8. The specific site is an appropriate location for the proposed use as it is consistent with the
15 existing residential use on the site;
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17 9. The use will not adversely affect the neighborhood as the lot is located in a Residential 3 Zoning
18 District;
19.
20 10. There will be no nuisance or serious hazard to vehicles or pedestrians;
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22 11. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
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25 12. The Planning Board also makes a specific finding that the use is in harmony with the general
26 purpose and intent of the North Andover Zoning Bylaw.
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28 Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
29 SPECIAL CONDMONS:
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31 1) Permit Definitions:
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33 A) The"Locus" refers to the 115,909 sq. ft. parcel of land with land fronting on Salem Street as
34 shown on a portion of Assessors Map 37D,Parcel 21, and also known as 166 Salem St.,North
35 Andover,Massachusetts.
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37 B) The"Plans"refer to the plans prepared by Christiansen&Sergi 160 Summer St.,Haverhill,MA
38 01830 dated July 23,2008,revised to October 10,2008,February 2,2009,February 17,2009 and
39 March 12, 2009, consisting of Sheets 1 - 5, titled "Definitive Subdivision Plan for Captain
40 Nathaniel Berry Homestead,located in North Andover,Mass,record owner and applicant 166 Salem
41 Street Realty Trust,166 Salem Street,North Andover,MA 01845".
42
43 C) The "Project' or "166 Salem Street" refers to the construction of a three-lot subdivision,
44 including a roadway,the installations of stormwater management infrastructure,the installation
45 of underground utilities,connections to existing water and sewer service and substantial grading
46 in the R-3 Zoning District
47
48 D) The "Applicant" refers to 166 Salem Street Realty Trust, the applicant for the Definitive
49 Subdivision Plan Approval.
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II
166 Salem Street Realty Trust
166 Salem Street Watershed Special Permit Decision
Map 37D Parcel 21
1 E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
2 from time to time,which can include but is not limited to the applicant,developer,and owner.
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5 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
6 by the Town Planner would require a public hearing and modification by the Planning Board.
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8
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10 PRIOR TO THE START OF CONSTRUCTION
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12 A) All applicable erosion control measures must be in place and reviewed and approved by the
13 Planning Department.
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15 C) A bond in the amount of one thousand dollars ($1,000.00)shall be posted for the purpose of insuring
16 that the site is constructed in accordance with the approved plan and that a final as-built plan is
17 provided,showing the location of all on-site structures. This bond shall be in the form of a check
18 made out to the Town of North Andover. This check will then be deposited into an interest bearing
19 escrow account.
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21 PRIOR TO THE ISSUANCE OF A BUILDING PERAHT
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23 A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
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25 B) One certified copy of the recorded decision must be submitted to the Planning Department.
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27 DURING CONSTRUCTION
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29 A) Any stockpiling of materials(dirt,wood,construction material,etc.)must be shown on a plan and
30 reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
31 and fenced off to minimize any dust problems that may occur with adjacent properties.
32
33 B) It shall be the responsibility of the developer to assure that no erosion from the site of construction
34 shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
35 except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be
36 a basis for the Planning Board making a finding that the project is not in compliance with the plan;
37 provided, however, that the Planning Board shall give the developer written notice of any such
38 finding and ten days to cure said condition.
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40 C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
41 regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
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43 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
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45 A) The applicant must submit a letter from the architect and engineer of the project stating that the
46 building and site layout substantially comply with the plans referenced at the end of this decision as
47 endorsed by the Planning Board.
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49
50 PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
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166 Salem Street Realty Trust
166 Salem Street Watershed Special Permit Decision
Map 37D Parcel 21
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2 A) A final as-built plan showing final topography,the location of all on-site utilities,structures and
3 drainage facilities must be submitted to the Planning Department.
4
5 B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
6 approved plan.
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9 GENERAL CONDITIONS
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12 A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
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14 B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
15 respective utility companies.
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17 C) The hours for construction shall be limited to between 7:00 a.m.and 5.00 p.m.Monday through
18` Friday and between 8:00 a.m.and 5:00 p.m.on Saturday.
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20 D) The provisions of this conditional approval shall apply to and be binding upon the applicant,its
21 employees and all successors and assigns in interest or control.
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23 E) Any action by a Town Board,Commission,or Department,which requires changes in the plan or
24 design of the building,as presented to the Planning Board,may be subject to modification by the
25 Planning Board.
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27 F) Any revisions shall be submitted to the Town Planner for review.If these revisions are deemed
28 substantial,the developer must submit revised plans to the Planning Board for approval.
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30 G) This Special Permit approval shall be deemed to have lapsed after March 16,2011 (two years
31 from the date permit granted),exclusive of the time required to pursue or await determination of
32 any appeals,unless substantial use or construction has commenced within said two-year period or
33 for good cause.
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35 H) The following information shall be deemed part of the decision:
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37 Plan titled: Definitive Subdivision Plan for"The Captain Nathaniel Berry Homestead",located
38 in North Andover,MA
39 North Andover,Mass.
40 Prepared for. 166 Salem Street Realty Trust
41 166 Salem Street
42 North Andover,MA 10845
43 Prepared by: Christiansen&Sergi
44 160 Summer St.
45 Haverhill,MA
46 North Andover,MA 01845
47 Scale: 1"=40'
48 Date: July 23 2008,"revisions October 10,2008,February 17,2009,and March 12,2009.
49 Sheets: 1
50
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166 Salem Street Realty Trust
166 Salem Street Watershed Special Permit Decision
Map 37D Parcel 21
1 Application for Definitive Subdivision Plan
2 Received: Sept.3,2008
3 Narrative
4 Received: Sept.3,2008
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6 cc: Town Departments
7 Applicant
8 Engineer
9 Abutters .
10 Assessor
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