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Home My WebLink About2003-04-08 Recorded Decision - WSP DEF SUB i Town of North Andover Office of the Planning Department oa�yy� �'`°+ Community Development and Services Division 27 Charles Street 4 c ,c, ti6 4: North Andover, Massachusetts 01845 gRSST CkusE�`y htt-): vvu,v�,.toi,�rnofnorthandover,corrl Planning Director: 000ds@townofilorthandover.corxt P (978) 688-9535 J.Justin Woods F (978) 688-9542 NOTICE OF DECISION This is to certify that twenty(20)days SENT LISPS VIA CERTUIED MAIL have elapsed from date of decision,filed RETCIRN RECEIPT REQUESTED without filing of an peal. - �! Id Date� ' O_)C 'CCC olq Joy Z rB r.rCa�ds yhawPc."� _. Watershed Special Permit lawn Clerk North Andover Business Center 500 Sutton Street-Lighthouse Realty Trust The public hearing on the above referenced application was opened by the North Andover Plan ing Board on March 25, 2003 and closed on April 8,2003. Karl R, Dubay,P,E, ofNfHF Design Consultants,Inc,,and Chris Huntress of Huntress Associates, appeared on behalf of the petitioner,Jaynes (Jim)Cyrier, Trustee, Lighthouse Realty Trust. On May 6,2003,Nardella made,and White seconded,a motion to grant a Watershed Special Permit to allow for the construction of a steel and masonry building of 30,808 square foot mixed-use building and related site improvements and landscaping within the Industrial-2.Zoning District and Watershed Protection District, under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by the by Jawies Cyrier, Trustee, Lighthouse Realty'Frust, 109 Blue Ridge ' Road,North Andover,MA,018045. The original application,excluding revised documentation, as cited herein, was filed with the Planning Board on submitted on February 21,2003 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 I{MINGS 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 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 fled with the Town ClA k Respectfully Submitted: I-M Directoroods,Planning - �yh Andover Planning Board: John Simons,Chairman Alberto Angles,Vice Chairman Richard Nardella,Clerk ( S :L C� j €+,ti.! €,i^7 George White Felipe Schwarz :� -ls ATTEST;i• �o ' Copy James Phinney Associate Member i CIerk BOARD OF APPEALS 688-9541' BLUDING 685-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLA KING 688-9535 1 Watershed Special Permit North Andover Business Center 500 Sutton Street-Lighthouse Realty Trust May 13, 2003 Page 2 of 3 Appendix A In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific ; criteria,are met. Specifically the Planning Board makes the following FMINGS OF PACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the duality 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 30,808 square foot mixed-use building and related site improvements and landscaping will not have an efeet 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 quantty of water in or entering Lake Cochichewick, 2. While no construction of the building occurs in the Non-Discharge Buffer Zone, there is no reasonable alternative to constructing some of the parking and drainage facilities in the Non-Discharge Buffer Zone. In accordance with Section 10.31 of the North Ajidover .Zoning Bylaw, the Planning Board makes the following W-T-ITSr c 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; 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 I-2 District, and conforms to the applicable dimensional criteria. A Special Permit for the project was gr-anted 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: North Andover Business Center Located at Lawrence Municipal Airport 500 Sutton Street North Andover,Mass. Prepared For: Lighthouse Realty Trust Prepared By: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Sheets: 1-9 Scale: As Noted Dated: September 11,2002, last revised April 8, 2003. 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. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 j Watershed Special Permit North Andover Business Center 500 Sutton Street-Lighthouse Realty Trust May 13,2003 Page 3 of 3 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 release of the Performance Bond: 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. Tire applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote mare 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, it's 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 pernut 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 Or APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535