HomeMy WebLinkAbout2017-09-05 Decision-Land Disturbance Permit • Town of North Andover (f(,
• Office of the Planning Department SEP w6 PH �
Community and Economic Development Division
1.20 Main Street
North Andover,.Massachusetts 01845 NORTH
NOTICE OF DECISION—LAND DISTURBANCE PERMIT
Any appeal shall be flied 3 '
within (20)days after the
date of filing this:notice in
the office of the Town Clerk.
Date: September 5, 2017
Date of Hearings; May, 2,2017,August 15, 2017
Date of Decision: September 5, 2017
Petition of: Livingstone Development
PO Box 50
Tewksbury,MA 01.876
Premises.Affected: 1975 Salem Street (aka 0 Salem Street), North Andover, MA. 01845,Map 106B
Parcel 16 within the R,-2 zoning district
Referring to the above application for a Land Disturbance Permit from the requirements of the North,Andover
Bylaw, Chapter 160 and the requirements of the North Andover Plamaing Board's Stormwater Management
and Erosion Control Regulations.
So as to allow the construction of three(3) detached single-family homes with site,grading,driveways, and
service utilities.The property is located in the residential 2(R-2)zoning district.
After a Public Hearing given on the above date,and upon a motion by Peter Boynton and 211d by Aaron
Preston to APPROVE the Land Disturbance Permit, as amended,and based upon the following conditions.
The vote was 5- 0 in favor of the application
On behalf of the North Andover Planning Board
John Simons,Chairman
Peter Boynton
Jennifer Bums Luz
Eitan Goldberg
Aaron Preston
Land Disturbance permit
1975 Salem Street(aka 0 Salem Street)
September 5,2017
Page 2 of 6
The public hearing on the above referenced application was opened on May 2,2017 closed by the North
Andover Planning Board on September 5,2017.
On September 5,2017,upon a motion made by peter Boynton and seconded by Aaron Preston to GRANT a
Land Disturbance Permit, as amended,to allow the construction of three(3)detached single-family homes
with site grading, driveways,and service utilities.The property is located in the Residential 2(R-2)'zoning
district.This Special Permit was requested by Livingstone Development Corp.,PO Box 50 Tewksbury,MA
01876 on April 11 2017. The Applicant submitted a complete application,which was noticed and reviewed
in accordance with Chapter 160 of the Town of Forth Andover Bylaws.The motion to approve was subject to
the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision.
The Planning Board vote was unanimous. A band Disturbance Permit issued by the permit granting
authority requires a majority vote of a five-member board.
The Applicant is hereby notified that should the applicant disagree with this decision,the Applicant has the
eight,under MGL Chapter 249, Section 4 to appeal to this decision within sixty days after the date this
decision has been filed with the Town Clerk,
In accordance with Chapter 1.60, Section 5.1,the Planning Board makes the finding that the intent of the
Bylaw, as well as its specific criteria is met. This decision specifically stated by the Planning Board makes
the following FINDINGS OF PACT.
1) The proposed project entails the disturbance of more than one acre of land and is therefore subject to the EPA's
NPDES Phase 11 Construction General Permit,and thus is£ally subject to the MA DEP Stormwater Standards
under the North Andover Stormwater Management and Erosion Control Bylaw,'Chapter 160 of the Town of
North Andover Bylaws.
2) For the purposes of calculating the area of land disturbed or changes in surface materials,the methodology set
forth by EPA in the stormwater regulations applicable to the Town ofNorth Andover 40 CFR 122.26(b)(15)(i)
will be,followed.Specifically,a potential pertaittee shall apply for a permit if a single construction activity will
disturb 43,560 square feet or more of land or will disturb less than 43,560 squai o feet but is part of a larger
common plan or development or sale that would disturb 43,560 square feet or more.A larger common plan of
development or sale means a contiguous area where multiple separate and distinct construction activities are
planned to occur at different times on different schedules under one plats, e.g., a housing development of five
1/4 acre lots.
3) In granting this Permit the Planning Board has determined that the project complies to the maximum extent
feasible with DEP Standards and that it will not negatively impact downstream resources. The project
incorporates several improvements to the existing town drainage system that will provide a net benefit to the
stormwater management in the area,The Planning Boatel bases this finding on the following facts;
a. The project utilizes a common drive to minimize pavement, sulier elevated drives to direct
water to stone shoulders and infiltration chambers to recharge to groundwater and to reduce
peak Bow rates.
b. The driveways in the areas of infiltration chambers have a 5 foot wide shoulder of crushed
stone that drains into the Stormtech chambers. Tho stone provides the pretreatment to the
stormwater before it enters the chambers,
c. The Applicant has provided a Landscape Plan.The majority of the site will remain wooded.
The disturbed xiverfront area along the drives will be allowed to revegetate to forest. The
remainder of the cleared land will be lawn and ornamental planting beds.
E
Land Disturbance Permit
1975 Salem Street(aka 0 Salem Street)
September 5,2017
Page 3 of 6
d. The Applicant has provided a Pollution Prevention and Operations and Maintenance Plan for
Construction and Post Construction.
e. The construction has been reviewed by Town Staff, including fthe Town Engineer and the
Town's consulting engineer, TEC, and with the application of the Best Management Practices
and modifications to the drainage and stormwater management designs, the consultant
concluded that the Applicant has met the requirements of the Land Disturbance Permit. (See
email from TEC dated August 21,2017.)
i 4) This project has received Frontage Exception Special Permits for Lot 2 and Lot,3,Access Other Than Legal
Frontage Special Permit for Lot 3 and a Common Driveway Special Permit for Lot 2 and 3 from the Planning
Board.Additionally,the Planning Board has approved the Approval Not Required(ANR)to divide the parcel
into three(3)lots.
5) The Parcel is both priority and estimated habitat area.The proposed work was determined by National Heritage
&Endangered Species Program (NBESP)to be a "no take". (See letter from the Massachusetts Division of
Fisheries and Wildlife dated,October 25,2016).
6) This project was reviewed by tine Conservation Commission and an Order of Conditions was issued for the
areas in jurisdiction,
7) The Best Management Practices to be employed on the site erasures that soil erosion and sedimentation control
measures will be incorporated into the design and that the rate and volume of stormwater runoff will be
managed.
8) The proposed use protects groundwater and surface water from degradation or depletion to the maximum extent
possible and ensures adequate long-term operation and maintenance of stormwater Best Management Practices,
9) The proposed use prevents pollutants.from entering the municipal and private storm drain systems.
10) The applicant has complied with state and federal statutes and regulations relating to stormwater discharges.
Upon reaching the above findings, the planning Board approves this Land.Disturbance Permit based upon the
following SPE,CIAL CONDITIONS:
Permit Definitions:
a. The"Locus"refers to the 7.8 acre parcel of land with frontage on Salem Street as shown on
.Assessors Map 10613,Parcel 16, and also known as 1975 Salem Street aka 0 Salem Street,
North Andover,Massachusetts.
b. The"Plans"refer to the playas prepared by Christiansen and Sergi,fao., dated October 3,
2016 and revised to August 20,2017,entitled"Site plan for Special Permit for Lots 1-3
Salem Street in North Andover,Mass.",for 1975 Salem Street aka 0 Salem Street, located
in North Andover,MA,prepared for Livingstone Development Corp.
c, The"Project"or"1975 Salem Street aka 0 Salem Street"refers to the construction of three
(3) detached single-family homes with site grading,driveways,and service,utilities. The
property is located in the Residential 2(R 2)zoning district.
i
Land Disturbance Permit
1975 Salem Street(aka 0 Salem Street)
September 5,2017
Page 4 of b
d. The"Applicant"refers to Livingstone Development Corp.,the applicant for the Land
Disturbance Permit,
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.
11) The Director of Planning shall approve any changes made to these plans. Any changes deemed
substantial by the Planning Department would require a Public Hearing and Modification by the Planning
Board.
PRIOR TO TIMi START OF ANY CONSTRUCTION AND/OR SITE WORK
12) A performance guarantee bond of tern thousand dollars ($10,000.00) made out to the Town of North
Andover must be posted to insure that the construction,erosion control, measures, and performance of
any other condition contained herein will take place in accordance with the plans and the conditions of
this decision and to erasure that the as-built plans will be submitted. :
13) The Applicant shall designate an independent environmental monitor who shall be chosen in
consultation with the Planning Department. The monitor must be available upon four(4)hours notice
to inspect the site with the Planning Board designated official. The monitor shall make weekly
inspections of the project and file monthly reports to the Planning Board throughout the duration of the
project. The monthly reports shall detail areas of non-compliance,if any, and actions taken to resolve
these issues.
14) Prior to the commencement of any work,the Applicant shall submit to the Planning Department a copy
of the approved NPDES Storm Water Pollution Prevention Plan(SWPPP)if disturbance is more than I
acre for the entire property.
IS) All drainage structures located on individual lots,including bio-retention areas,infiltration basins,grassed
swales and drainage channels will be maintained in perpetuity by individual lot owners,with the terms of
ownership and maintenance to be documented in the respective deeds for each lot in the subdivision.
16) An approved Septic Design by the Town of North Andover Health Department shall be received.Proof
shall be submitted to the Planning Department.
17) The.Applicant shall apply for a Driveway Permit for both Lot 1 and the Common Driveway on Lot 2 and
Lot 3.
18)In consideration of the approval of the Plan, there is to be no further division or subdivision of a part
or portion of the parcel. This restriction is to be documented in the respective deeds for each lot on the
plan.
19) A Construction Sequencing Schedule must be submitted to the Staff Planner. This Schedule should
include,but not be limited,to the following items:
a. Clearing and grading
b. Installation of tempoxaay erosion and sedimentation control measures
c. Construction of the retaining walls
d. Grading and construction on individual lots,including installation of.stormwater structures,
driveways and dwelling units
e. Mass clearing and grading of the entire site will not be allowed.
Land Disturbance Permit
1975 Salem.Street(aka 0 Salem Street)
September 5,2017
Page 5 of 6
i
20) The Applicant will provide copies of all Decisions,Notification and. Orders of Conditions from the
North Andover Conservation Commission, '
21) Easement documents,deed restrictions,and maintenance agreements concerning the drainage structures
shall be submitted to the Planning Department and reviewed and approved by Town Counsel and the
Town Engineer prior to recording. All easements and restrictions shall remain in perpetuity.
22) The record plans and the Starmwater Management permit must be endorsed by the Planning Board and
both this decision and the plans must be recorded by the Applicant at the Registry of heeds prior to any
commencement of work under the Permit.
23) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The
Planning Staff must be contacted prior to any cutting and or clearing on site.
24) All applicable erosion control measures must be in place and reviewers and approved by the Planning
Department.
25)A pre-construction meeting:must be held with the developer, their construction employees,Planning
Department and Building Department(anal other applicable departments)tb discuss scheduling of
inspections to be conducted on the project and the construction schedule. ,
PRIOR TO ISSUANCE OF A.)3UMAING PERMIT
26) A Plot Plan for the lot in question must be submitted to include the following:
a. Location of the structure
b. Location of the driveway
c. Location of all water and septic systems
d. Any grading called for on the lot
e. Location of drainage,utility and other easements
f. Location of landscaping
27) All appropriate erosion control measures for the lots shall be in place.
28) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain line
during construction,
29) All lots shall be staked in the field. The location of any major departures from,the plan must be shown,
30) Lot numbers,visible from all roadways must be posted on all lots.
PRIOR TO TIT'RELEASE OF TBE PERFORMANCE BOND
31) The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including stonn 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 from the design engineer that the site was constructed as shown on the approved plan,
32) The Planning Board will issue a Certificate of Completion upon receipt and approval of final reports
and documentation as outlined in the Regulations and/or upon otherwise detenn.ining that all work of
the permit has been satisfactorily completed in accordance with the Storrnwater Bylaw. The Certificate
of Completion shall be recorded at the Essex North District Registry of Deeds(or Registry of District
of the Land Court, if registered land)at the Applicant's expense and proof of:recording provided to the
Planning Board,
Lana Disturbance Permit
1975 Salem Street(aka 0 Salern Street)
September 5,2017
Page 6 of 6
GENERAL CONDITIONS
33)No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
34) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation,
35) The provisions ofthis conditional approval shall apply to and be binding upon-the Applicant,it's employees
and all successors and assigns in interest or control.
36) All activity,exclusive of maintenance required in perpetuity,permitted by the Land Disturbance Permit
must be completed within two years of permit issuance,Extensions of time can be granted by the
Planning Board upon formal written request by the Applicant,in accordance with Section 160.5.M of
Town of North Andover Bylaws,Chapter 160,Stornrawater Management and Erosion Control Bylaw,
37) This decision must be filed with the Northern Essex.Registry of Deeds. The following information is
included as part of this decision,:
A) Plan Titled: Site Plan for Special Permit for Lots 1-3 Salem Street in North Andover,Mass.
Prepared for: Livingstone Development Corp.
PO Box 50
Tewksbury,MA 01.876
Prepared by: Christiansen and Sergi,Inc.
160 Summer Street
Haverhill,MA 01830
Scale; 1"=50'
Date: October 3,2016 and revised to August 20,2017
Sheets: 4
B) Sediment and Erosion Control Plan
Dated: January 11,2017
Prepared by, Christiansen and Sergi,Inc,
C) Landscape Plan
Dated:July 3,2017
Prepared by: Christiansen and Sergi,Ino.
D) Pollution Prevention and Operations and Maintenance Plan-Construction Phase
Dated:April 10,2017
Prepared by: Chuistiansen and Sergi,Inc.
E) Pollution Prevention and Operations and Maintenance Plan—Post Construction Phase
Dated:June 14,2017
Prepared by: Christiansen and Sergi,Inc.
cc:
Applicant
Abutters
'Sown Clerk