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Town of North Andover
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Forth Andover,Massachusetts 01845R
NOTXCE OF DWISXON
S)(Ji`E PLAN REVIE,W SPECML PERM1T
This is certify that Monty(20)days
have elapsed from date of d vision
Any appeal shall be filed µrrihoukflling of an a p
date Iran
within(20)clays after-the Carla lea e
date of filing this notice in Town Clark
the office of the Town Clerk-
Date: December 5,2023
Date of Hearing: November 1,2023,
November 21,2023,December 5,2023
Date of Decision: December 5,2023
Petition of: Homegrown Lacrosse,LLC
400 Osgood Street
North Andover,MA 01845
Premises Affected: 492 Sutton Street,North Andover MA.,Assessor's
075.0-0001:-0000.B;also identified as 034.A 0075-0001.B
Referring to the above application for a Site Plan Review Special Permit Article 8 Supplementary
Regulations,Part 3 Site Plan Review and Article 10 Administration 195-10.7 of the North Andover
Zoning Bylaw. The Applicant proposes development of a 2.5+1-acre leased area on the Lawrence
Municipal Airport property fronting on Sutton Street and situated between Terminal Road(i.c,the Airport
access driveway)and Old Clark Road,to include construction of a 39,100+l-SF athletic facility with
office space,parking lot,utilities and drainage improvements.The project is located within the Industrial
2 Zoning District.
After a public Dearing given on the above dates,and upon a motion by P.Boynton and 2`d by S.Kevlahan to
APPROVE the Site Plan Review Special Permit and subject to the following conditions.Vote was (5-0) in•
favor of the application.
Jean 1';might
On behalf of the North�A'li�met-Tibuning Board
Sy a.'I%-dG 1�id-CK,�hairman
lolm.Simons
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Bk 17913 Pg2 #542
492 Sutton Street
Site Plan Review Spacial Permit
Construction of a 3 9,10 0+1-athletic facility
December 5,2023
The Planning Board heroin APPROVES the Site Playa Review. Special permit to allow for the
development of a 2.5+/-acre leased area on.the Lawrence Municipal Airport property fronting on Sutton
Street and situated between Terminal Road(i.e.the Airport access driveway)and Old Clark Road,to
include construction of a 39,100+l-SF athletic facility with office space,parking Iot,utilities and
drainage improvements.The Project is located within the Industrial 2 Zoning District. The Project is
located at 492 Sutton Street,North Andover,Massachusetts, 01845,Assessors Map 075.0-0001-OOOO.B;
also identified as 034.A-0075-0001.B.This Special Permit was requested by the Applicant,Homegrown
Lacrosse,LLC,400 Osgood Street,North Andover,MA 01845. The,application was filed by the
Applicant with the Planning Board on October 5,2023. The Applicant submitted a complete application,
which was noticed and reviewed in accordance with the requirements of the North Andover Zoning
Bylaw,Article 8 Supplementary Regulations,Part 3 Site Plan Review,.Article 10 Administration Section
195-10.7 and MOL Ch.40A,Sea 9. The public hearing on the above referenced application was opened
on November 7, 2023 and closed on December 5,2023.
The Planning Board voted unanimously(by a vote of 5-0)to grant the Site Plan Review Special Permit,
A special permit issued by the Planning Board,as special permit granting authority,requires a vote of at least
four members of a five-member board.
The Applicant is hereby notified that should the Applicant disagree with this Notice of Decision
("Decision"),the Applicant has the right,under MGL Chapter 40A, Section 17,to appeal this Decision
within twenty days after the date this Decision has been filed with the Town Clerk.
The Planning hoard makes the,following findings as required by the North Andover Zoning Bylaws Article
8,Part 3 Site Plan Review and Section 195-10.7,the Planning Board makes the funding that the intent of the
Bylaw,as well as its specific criteria,are met. This decision specifically stated by the Planning Board makes
the following FINDINGS OF PACT:
FMINGS OF PACT
1) The spNific Site is an gppMpriato location,for sugh,1 iise,structure or condition.
The proposed use is allowed and consistent with current uses in the area. It is a
convenient and centrally located area for the proposed recreational use,not far from
schools.
2) The use as developed will not adversely affect the nei hborhood character.
Building and development will be consistent with surrounding buildings. The project
provides appropriate building,landscaping,and screening set back from adjacent
properties. The character of the architectural style of the proposed building will
complement the style of the other buildings on the airport campus.
3) There will be no nuisance or serious hazard to vehicles or pedestrians.
Driveways have been located to utilize existing internal access ways on the airport
campus and to allow for adequate firelsafety access to the building.
4) Adequate and appropriate facilities will be provided fax the proper_operation of the
proposed use,
The Project is appropriately and adequately serviced by necessary facilities and utilities
to address the needs of the Project,
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Bk 17913 Pq3 #542
3
. •r .
492 Sutton Street
Site Plan Review Speoial Permit
Construction of a 39,100+/-athletic facility
December 5,2023
5) The use is in harmony with the enoralpuMgso and intent of this Zonin B law.
The proposed Project is centrally and cofiveniently located for parents and students and
the proposed use is consistent with existing nearly properties and uses. The Project
allows for the use of existing access,adequate fire/safety access,causes no harm to the
watershed or any resourse areas,and the project will enhance the aesthetic of the property
with new building design, landscaping and screening.The Project,as shown on the plans,
will comply with the North Andover Zoning Bylaw as the Zoning 1.3oard of Appeals
granted a special.permit to allow for the use at their November 14,2023 meeting.
6) Per the North Andover Zoning Bylaw Ch. 195-4.14.1 Recreational uses,including
swimming club,tennis club,health club,indoor ices skating facility,and indoor/outdoor
athletic recreation facility are allowed by special permit. At their regularly scheduled
meeting on Tuesday,November 14,2023 the Zoning Board of Appeals granted a special
permit to allow for the recreational use at the Site.
7) The Site is currently undeveloped and relatively flat,consisting of maintained grass
fields,disturbed earth from removal of stockpiling,and some woods. A portion of the
Site is located within the Watershed Protection District including the 325 foot Non-
Discharge Zone.
8) Maintenance obligations shall be stated in the property lease.
9) The Project will require an,Airspace review by MassDOT's Aeronautics Division and
review by the FAA based upon its location and elevation.
10) The Project-will require aNational Pollutant Discharge Elimination System(NPDES)
Construction General Permit:(CGP)to be filed with and obtained from the'United States
Environmental Protection Agency.
11) Stormwater Management;The stormwater management design for the proposed
development includes constructing a porous pavement parking lot with a subsurface
reservoir to infiltrate runoff from the building roof and parking lot. The reservoir
overflows to the municipal stormwater system on Sutton Street,Town Bylaw
requirements and Best Management Engineering and Practices,and the most recent
version of the MA DEP Stormwater Handbook,and has been reviewed by the Town's
outside consulting engineer,Horsley Witten. There were extensive discussions between
the Town's outside consultant engineer and the Project engineer related to the overall
design and Stormwater Operations and Management Plan(See correspondence from
Horsley Witten dated October 18,2023,November I6,2023(2)and November 28,2023
and response correspondence from Hancock Associates dated November 1,2023,
November 16,2023 and November 27,2023).
12) The application was reviewed by John Borges!,Town Engineer,as evidenced by email
communications dated November 16,2023,November 21,2023,and November 30,2023
and response to comments from Hancock Associates dated November 27,2023,along
with a revised Operation&Maintenance Plan Dated N6veznber.27,2023.
13) The application was reviewed by Town staff as,evidenced by email communications from
Amy Maxner,Conservation Administrator,dated October 10,2023,Lt,Bob Kilcoyne,
3
Bk 17913 Pg4 #542
i
492 Sutton Street
Site plan Review Special Permit 1
Constraetion of a 39,100+/-atble#o facility
December 5,2023
Fire Prevention Officer,dated November 1,2023,and Tim Willett,DPW Operastions,
dated October 19,2023.
Finally,the Planning Board finds that this Project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 195-8.14,as well as Part 3 Site Plan Review, 195-10.7. The
Planning Board hereby grants an approval to the Applicant provided the following conditions are met:
SPECIAL CONDMONS:
14) For the purposes of the decision, the Planning Board approves the following Permit
Definitions:
a.) The "Locus" or"Site" refers to the parcel of land with land fronting on Sutton
Street shown on Assessor's Map 075.0-0001-0000.B; also identified as 034.A-
0075-0001.13,and known as 492 Sutton Street,North Andover,Massachusetts.
b) The"Plans" refer to the Plans prepared by Hancock Associates, 34 Chelmsford
Street,Chelmsford,MA 01824 entitled"Permit Site plan Home Grown Lacrosse
Sports Facility and Offices",dated August 30, 2023 and revised to November 6,
2023 consisting of sheets Al—A 10.
c) The"Project"refers to the proposed development of a 2.5+/-acre leased area on
the Lawrence Municipal Airport property fronting on Sutton Street and situated
between Terminal Road(Le:the Airport access driveway)and Old Clark Road,as
depicted on the Plans, to include construction of a 39,100 +1 SF athletic facility
with office space, parking lot, utilities and drainage improvements under the
requirements of the North Andover Zoning Bylaw, Article 8 Supplementary
Regulations,Part 3 Site Plan Review,Article 10 Administration Section 195-10.7 and
MOL Ch.40A,See 9.The Site is located within the Industrial 2(I2)zoning district.
d) The"Applicant"refers to Homegrown Lacrosse,LLC,the Applicant for the Site
Plan Review Special Permit,its successors and assigns.
e) The"Project Owner"refers to the person or entity holding the fee interest to the
title to the Locus from time to time,or the leasehold interest to the Project and the
fee interestto the building from time to time,as the context may require,and which
can include but is not limited to the Applicant,developer, and owner.
15) All stormwater management best practices shall be,maintained as specified in the approved
Operation and Maintenance flan,dated November 27,2023
16) Per the North Andover Zoning Bylaw §195-8.11.A(3) Developments which require site
plan review: include,"Any construction,site improvements,new uses is existing structures
or developments which contain new processes not normally associated with the existing
use and which result in changes in the potential nuisance to adjacent property; traffic
circulation; stormwater drainage onto or off of the Site; and/or the application of the
parking standards of Part 1 indicate the need fer five or more new or additional parking
spaces". If in the future any of these criteria apply a Modification to the Site flan Review
Special Permit will be warranted.
17) 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 to the
Special Permit by the Planning Board.
PRYOR TO ISSUANCE OF SITE WORK,BUILDING PER14IXT,OR CONSTRU'CnON
4
i
Bk 17913 Pg5 #542
• I
492 Sutton Street
Site Plan Review Special Permit
Construction of a 39,100+/-athletic facility
December 5,2023
18) The Applicant will provide copies of all Decisions,Notification,and Orders of
Conditions,if any,from the North Andover Conservation Commission.
19) Two(2)copies of the signed,recorded decision and with endorsed plans attached must be
delivered to the Planning Department,
20) In consultation with the Director of Planning,the Applicant shall designate an
Independent Environmental Monitor.The monitor shall read,sign,and return to the
Planning Director the Letter of Agreement for Independent Monitors.The Environmental
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,provide monthly reports to the Planning Department throughout the duration of
the Project,and detail any areas of non-compliance and corrective actions.The monitor
will also provide reports following heavy rain events.
21) A copy of the property lease shall be provided to the Planning Department, It is expected
that the lease shall include but is not limited to Identifing obligations for construction,
maintentance for the stormwater management system,sidewalks,parking spaces,utilities
and landscaping.
22) The Project will be subject to the US EPA NPDES Construction General Permit (CGP)
requirements and require a Stormwater Pollution Prevention Plan(SWPPP). A copy of the
CGP and SWPPP shall be submitted to the Planning Department.
23) A copy of all local,state and federal permits required for the Project shall be submitted to
the Planning Department.
24) A construction schedule shall be submitted to the PIanning Staff for the purpose of
tracking the construction and informing the public of anticipated activities.
25) The Applicant shall sign the Illicit Discharge Statement included in the Stormwater
Operations and.Maintenance Plan and return a copy ofthe signed document to the
Planning Department.
26) The Applicant shall sign the Stormwater Operation and Maintenance flan dated
November 27,2023,
i
27) A bond in the amount often thousand dollars(S10,000.00)shall be posted for the
purpose of insuring that the Site is constructed in accordance with the approved plan and
that a final as-built plan is provided,showing the location of all on-site structures(Site
utilities,structures,curb cuts,parking spaces and drainage facilities,including invert
elevations of all stormwater structures). This bond shall be in a form acceptable by
statute.
28) All erosion control measures as shown on the Plan must be in place and reviewed by the
Town Planner and Conservation Department.
29) A pre-construction meeting must be hold with the developer,their construction employees,
Planning Department(and other applicable departments)to discuss scheduling of
inspections to be conducted on the Project and the construction schedule.
5
Bk 17913 Pg6 #542
492 Sutton Street
Site flan Review Special Permit
Construction of a 39,100+/-athletic facility
December 5,2023
DURING CONSTRUCTION
30) Dust mitigation must be performed weekly,or more frequently as directed by the Planning
Director,throughout:the construction process. The Site must be kept clean and swept
regularly.
31) Any stockpiling of materials(dirt,wood,construction maternal,ate.)must be shown on a
Plan and reviewed and approved by the Planning Staff. Any approved piles must remain
covered at all times and fenced off to minimize any dust problems that may occur with
adjacent properties.
32) It shall be the responsibility of the developer to assure that no erosion from the construction
Site shall occur which will cause deposition of soil or sediment upon adjacent properties or
public ways,except as normally ancillary to off-site construction. Off-site erosion will be a
basis for the Planning Board making a finding that the Project is not in compliance with the
Plan;provided,however,that the Planning Board shall give the developer written notice of
any such finding and seven days to cure said condition.
PRIOR TO A CERTIFICATE OF OCCUPANCY
33) The Applicnt must submit a letter from the Project engineer of the Project stating that
the building,landscaping,lighting and Site layout substantially comply with the Plans
referenced at the end of this decision as endorsed by the Flaming Board and that the
stormwater management structures are functioning as designed.
34) All stormwater structures shall be cleaned,in accordance with the approved Stormwater
Operation and Maintenance Plan.
PRIOR TO TEE RELEASE OF THE PERFORMANCB BOND
35) The Applicant shall submit an as built plan stamped by a Registered Professional
Engineer in Massachusetts that shows all construction,including stormwater structures
and other pertinent Site features.This as-built plan shall be submitted to the Town
Planner for approval and must be provided iu paper form as well as in SDF(Standard
Digital File)format.
36) The Planning Board must by a majority vote make a finding that the Site is in conformance
with the approved plan.
GENERAL CONA)tT1tONS
37) Any plants,tree,shrubs,or fencing that have been incorporated into the Plans approved in
this Notice of Decision that die or fall into disrepair must be replaced by the Project Owner
in perpetuity.
3 8) The contractor shall contact Dig Safe at Ieast 72 hours prior to commencing any excavation.
39) Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
40) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday
through Friday,and between 8:00 a.m, and 5:00 p.m.on Saturday.
6
Bk 17913 Pg7 #542
k
492 Sutton Street
Site Plan Review Special Permit
Construction of a 3 9,100+/-athletic facility
December 5,2023
41) No open burning shall be dune except as is permitted during burning season under the Fire
Department regulations.
42) The provisions of this conditional approval shall apply to and be binding upon the
Applicant,its employees,and all successors and assigns in interest or control.
43) Any action by a Town Board, Commission,or Department,which requires changes in the
Plans or design of the building, as presented to the Planning Board, may be subject to
modification by the Planning Board.
44) Any revisions to the Plans shall be submitted to the Staff Planner for review. 1f these
revisions are deemed substantial,the Developer must submit revised plans to the.Planning
Board for approval.
45) Pursuant to the North Andover Zoning Bylaw Section 195-10.7, this Special Permit
approval shall be deemed to have lapsed December S,2025(two years from the date of
issuance)exclusive of the time required to pursue or await determination of any appeals,
unless substantial.use or construction has commenced within said two-year period.
Substantial use or construction will be determined by a majority vote of the Planning
Board,
46) The following information shall be deemed part of the decision:
Flan titled: Permit Site plan Dome Grown Lacrosse Sports Facility
and Offices"
Prepared for. Home Grown Lacrosse,LLC
400 Osgood Street
North Andover,MA 01845
Sheets: A-1 —A A-10
Prepared by. Hancock Associates
34 Chelmsford Street
Chelmsford,bLl 01824
Date: August 30,2023,revised to November 6,2023
Stormwater Management Report
Prepared for: Home Grown Lacrosse,LLC
Prepared by: Brian Geaudreau,PE
Morgan Seale
Hancock Associates
Date August 30,2023,revised to November 27,2023
Stormwater Operations&Maintenance Plan
Prepared by: Hancock Associates
34 Chelmsford Street
Chelmsford,MA 01$24
Date: November 27,2023
cc:
.Applicant
Engineer
Abutters
Owner
7
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Bk 17913 Pg8 #542
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Bk 17913 Pg18 #542
Standard : Operation and MaintenancePlan
A long-term operation and maintenance plan shall be developed and Implemented to ensure that
stormwater management systems function as designed.
STOMAWATA R OPERATION AND MAINTENANCE PLAN—11/27/2023 j
prelimin=Stormwater Operation and Maintenance Budget
Estimated yearly costs=$2,000 annually
-Covers cleaning and maintenance of porous pavement,roof leaders,outlet control structures, and grass swale.
Corporate Certification
(Home Grown Lacrosse,LLC--Owner/Developer)
Y certify under penalty of law thatthe Owner/Developer and its associated entities established for purposes of
ownership,operations and maintenance ofthe leased area located at 492 Sutton Street,North Andover,is
solely and Iegally responsible for implementing the Stormwater Operation and Maintenance plan. The
Owner/Developer has reviewed said plan and fully accepts all responsibilities inherent therein;including
inspection,maintenance,repair,modification and/or replacement of the recharge systems as may be required
to maintain intended recharge functions.The Owner/Developer shall f le yearly maintenance reports including
annual certification that the plan has been fully implemented as outline herein and shall provide copies of
inspection reports and receipts to the Town of North Andover if requested.Furthermore,the
Owner/Developer understands various stormwater management systems have a certain life expectancy and
that replacement of system components will be required. The Owner/Developer accepts all financial
responsibilities associated with future replacements.
Name:
Title:
Date: `f
HGR Lacrosse
400 Osgood Street
North Andover,MA.01945
(978)208-2300
Bryan@hgriacrosse.com
Bk 17913 Pg19 #542
' I
Porous Pavement
Frequent cleaning and maintenance are required for the pavement surface to prevent clogging as the surface
acts as the pretreatment to the stone reservoir below.To keep the surface clean,frequent vacuum sweeping,
annually at minimum,along with periodicjet washing ofasphalt and concrete pavement is required.No
winter sanding shall be conducted on the porous surface,For proper maintenance:
-Minimize salt use during winterrnonths,
-No winter sanding,
-Deep landscaped areas nearby well maintained to prevent soil being transported onto the pavement,
-Clean the surface minimal annually with vacuum sweepingmachines,
-Inspect surface and inspection ports after storm events to insure proper drainage,
-Never reseal or repave with impermeable material,
-Inspect annually for deterioration or spalling,
-Monitor to ensure that the paving surface drains properly after storms--as needed
-Clean surface using powers washer to dislodge trapped particles and vacuum sweep area—as needed
-Inspect surface annually for deterioration
-Assess exfiltration capability at least once ayear.When exfiltration capacity is foundto decline,
implement measures from the Operation and Maintenance plan to restore original exflltration capacity. ,
Inspection&Maintenance Report
Attach additional pages as required to fully document conditions and maintenance performed.
Date Inspector Condition Maintenance Performed*
*Receipts must be attached to the report showing payment for maintenance performed.
F
Bk 17913 Pg20 #542
Crass Swale
Inspect semi-annually the first year,and at Ieast once a year thereafter.Inspect the grass for growth and the
side slopes for signs oferosion and formation drills and gullies.Plant an alternative grass species Ifthe original
grass cover is not successfully established,Ifgrass growth is Impaired by winter road salt or other deicer use,re-
establish the grass in the spring,Trash/Debris Removal;Remove accumulated trash and debris prior to mowing,
Sediment Removal-Check on ayearly basis and clean as needed,Use hand methods(i.e.,aperson with a shovel)
when cleaning to minimize disturbance to vegetation and underlying soils.
Annual Inspection&Maintenance Report
.Attach additional pages as required to fully document conditions and maintenance performed.
Date Inspector Condition Maintenance Performed*
`Receipts must be attached to report showing payment for maintenance performed
. Bk 17913 Pg21 #542
Outlet Control Structure
Inspect or clean outlet control structures four times per year at the end of the foliage and snow removal seasons.
Sediments must also be removed when the depth of deposits is greater than or equal to one half the depth from the
bottom of the lowest pipe in the basin. Vacuum trucks are to be used to remove trapped sediment and supernatant.
Although catch basin debris often contains concentrations of oil and hazardous materials such as petroleum
hydrocarbons and metals,MassDEP classifies them as solid waste. Any contaminated materials must be evaluated
in accordance with the Hazardous Waste Regulations,310 CMR 30.00,and handled as hazardous waste. MassDE11
regulations prohibit landfills from accepting materials that contain free draining liquids.
Annual Inspection&Maintenance Report
Attach additional pages as required to fully document conditions and maintenance performed.
Date Inspector Condition Maintenance Performed*
*Receipts must be attached to report showing payment for maintenance performed.
Bk 17913 Pg22 #542
Roof Drain Leaders
Routine roof inspections shall be performed two times per year.The roof shall be kept clean and free of debris,and
the roof drainage system shall be kept clear.Gutter and downspouts shall be cleaned at least twice per year,or mor
frequently as necessary.
Annual Inspection&Maintenance Report
Attach additional pages as required to fuIIy document conditions and maintenance performed.
]"late Inspector Condition Maintenance Performed*
wE
*Receipts mu-st be attached to report showing payment for maintenance performed.