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HomeMy WebLinkAbout2002-12-27 Recorded Decision - WSP Town of North Andover 140 Yff 0 ffice of the Planning Department Con-imunity Development and Services Division 27 Charles Street4jV - NoAh Andovei-, Massadmsetl[s 01845 I-Teidi Griffin Telophond'078);'68SM35 Planning Director Fax (978) -954 T P Notice Of Decision __j Any appeal shall be filed Within (20) days after the Date of filing this Notice . Date: December 27, 2002 U0 This Is to certify that twenty(20)days In the Office of the Towil ejapsod frorn date of decIsIon,filed.. Date of Hearing: September 10, without MIN of Olin Dest. Clerk J)Affi— -- , 2002, October 1, 2002, October 15, ill A,ffridshilm 2002, December 3, 2002 & Town Clark December 17, 2002 �(Pctition of: Tara Leigh Development LLC, 185 Hickory Hill Road, North Andover, MA 01845 Premises Affected: Property along Bradford Street Referring to the above petition for a Watershed Special Permit, the application was noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover Zoning Bylaw and M.G.L. c.40A, see. 9. So as to allow: stormwater management including surface and subsurface discharge,drainage pond outlet, a portion of the roadway,utilities,parking and associated grading within the Non-Disturbance Zone;roadways, utilities,driveways,homes, retaining walls, site grading, storrawater management(surface and subsurface discharge), and drainage pond outlets within the Non-Discharge Zone. After public hearings given on the above dates, the Planning Board voted to APPROVE the Watershed Special Permit, based upon the following c7itions: Signed- JAn Simons, Chairman- A Cc: Applicant Richard Nardella, Clerk Engineer Felipe Schwarz Abutters George White DPW ZBA A'PTEST: Building Department A Trim Copy Conservation Department Health Department rf'OW11 cleA, 1301UMOFAPPRALS688-9541 BUILDING688-9545 CONTSERVATION688-9530 HRALTH688-9340 PLANNYiNG688-9535 Carter Farm Definitive Subdivision,Bradford Sheet Watershed Special Permit The Planning Board hereby grants the Watershed Protection District Special Permit, and makes the following findings based on the application of Tara Leigh Development Corporation, LLC, 185 Hickory Hill Road, North Andover, MA 01845, who submitted this application on August 9, 2002. The applicant submitted a complete application that was noticed and reviewed in accordance with Section 4.136, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The area affected is located off Bradford Street in the Residential-2 Zoning District and is identified as Town of Boxford Assessors Map 4, Block 1, Lot 3 and North Andover Map 62, Lot 2. Parcels Town of Boxford Map 4, Block 1, Lot 3.1 and North Andover Map 62, Lot 138 are also encompassed by this decision. Parcels are shown on the plans cited in Special Condition #1 below. The applicant is requesting a watershed special permit to approve certain work related to the development of a seventeen-lot residential subdivision with three multi-use recreation fields, playground, town common and open space as shown on the plans in Special Condition#1 below within the Non-Discharge, Non-Disturbance and General Buffer Zone of the Watershed Protection District. Specifically, work within the Non-Disturbance Zone will include stormwater management including surface and subsurface discharge, drainage pond outlet, a portion of the roadway, utilities, parking and associated grading. No homes or private driveways have been proposed within the Non-Disturbance Zone. Work within the Non-Discharge Zone includes roadways, utilities, driveways, homes, retaining walls, and site grading: Additional work within the Non-Discharge zone includes stormwater management as surface and subsurface discharge, drainage pond outlet and associated grading. FINDINGS OF FACT: In accordance with Section 4.136 of the Zoning Bylaw, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 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 its findings on the following facts: a) The proposed dwellings will be connected to the Town sewer system; b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to constrict the structures and appurtenances; e) A construction phasing plan and emergency response plan are provided, 2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone and Non- Discharge Zone for any discharge, structure or activity, associated with the proposed project. All homes, impervious areas and utilities are shown in areas that are allowed by right under Section 4.136 of the North Andover Zoning Bylaw. The stormwater management facilities have been located as to minimize the grading and earthwork required to complete the project and restore vegetative cover as quickly as possible. 1 i 3. The project shall mitigate wetland impacts of the roadway crossing with a wetland replication area of6,040 square feet. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: a) 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; b) The use will not adversely affect the neighborhood as the lots are Iocated in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) 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 since the use meets all the performance standards and criteria of the Zoning Bylaw described above. f) The project will extend Town sewer via Bradford Street and Barker Street. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPI,CIAL 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: Definitive Subdivision Plans for Carter Farm Subdivision Bradford Street North Andover,Massachusetts 01845 Dated: August 9, 2002, last revised November 4, 2002 Applicant: Tara Leigh Development,LLC Civil Engineer: MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079 Sheets: 1 —24 Scale, Varies per drawing Landscape Architect: Huntress Associates, Inc. Landscape Architecture&Land Planning 17 Tewksbury Street Andover, MA 01810 b) Report titled: Stormwater Management Drainage Calculations &Best Management Practices, MHF Project M 10900 Carter Farm Subdivision 2 North Andover, MA 01845 Prepared by: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079 Dated: August 2,2002, last revised November 5,2002 c) Report titled: Wetland Replication Planting Plan Carter Farm, North Andover, MA Prepared by: Michael Howard,Epsilon Associates,Inc. 150 Main Street Maynard,MA 0175-0700 Dated: August 29, 2002 d) The Town Planner shall approve any insubstantial changes made to these plans and reports. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination of whether such changes would merit a public meeting or hearing and/or modification of the Special Permit by the Planning Board. 2) Prior to any work on site: a) A performance guarantee of ten thousand dollars ($10,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) The site shall have received all necessary permits and approvals from the North-Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. f) A construction phasing plan and emergency response plan are required to be provided to the Town Planner prior to any construction.commencing. 3) Foundation Plan: Immediately upon completion of the dwelling foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.)which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved 3 Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met, 4) Upon application of building permit: The applicant shall adhere to the following requirements of the Fire Department and the Building Department: a) All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department, 5) Prior to verification of a Certificate of Occupancy: a) The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. 6) After conveyance of each Residential Lot: a) The Town Planner shall be provided with a copy of the deed to each residential lot which shall include a deed restriction which provides that only organic, low nitrogen fertilizers shall be used in lawn care or maintenance for that lot, 7) 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 sewer fines, storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The 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 make a finding that the site is in conformance with the approved plan. 8) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition 4 1. 9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10)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, 11)This permit shall be deemed to have lapsed after a two- (2) year period &'om December 17, 2002, 4 e the date an which the Special Permit was granted unless substantial use or construction has commenced. cc; Applicant Conservation He 5