HomeMy WebLinkAboutRecorded WSP Decision y •w ,
,M1 E,• Qom".
•. Town of North Andover
• Office of the Planning Department 6 Ati ; 35
Community Development and Services Division
120 Main Street T O w s� OF
North Andover Massachusetts 01845sHOR T�i ANDOVER
IS
NOTICE OF DECISION ,II
WATERSHED PROTECTION DISTRICT'
SPUML PERAM This Is oualfy that twenty(20)days
have elapsed ftotn date of decision
without tiling of
Date
Any appeal shall be filed Carla awe Warren
within(20)flays after the Town Clerk
date of filing this notice in
the office of the Town Clerk.
Date: December 5,2023
Date of Hearing: November 7,2023,
November 21,2023,December 5,2023
Date of Decision: December 5,2023
Petition of Homegrown Lacrosse,DI.0 ,
d00 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 Watershed Special Permit Article 4 Building and Uses Permitted,
Part 5 Watershed Protection District and Article 10 Administration 195-10.7 of the North Andover
Zoning Bylaw, The Applicant proposes development of a 2.5 +/acne leased area on the Lawrence
V� Municipal Airport property fronting on Sutton Street and situated between Terminal Road(i.e.the Airport
access driveway)and Old Clerk Road,to•include construction of a 39,100+/-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 hearing given on the above-dates,and upon a motion by S.Kevlahan and 211 by J. Simons to
APPROVE the Watershed Special Permit and subject to the following,conditions.Vote was(5-0)in favor of
the application.
Jean Enright
a On beh f of the.Noxtb�A - ,,laver Planning Board
t `.,' a'; Ttal oldberg,Chaimran
Sean Kovlahan '.
u �/`� 'eterBoynton
fi\34.�rr• w .' !M.� A•r .•, mma � errs
`Sohn Simons
;' .,j_gWn'Clerk
Bk 17912 Pg345 #541
s a
492 Sutton Street
Watershed Special Permit
Construction of a 39,1.00 athletic facility
December 5,2023
The Planning Board herein APPROVES the'Watershed Special Permit to allow for the development of a
2.5+/.acre leased area on the Lawrence Municipal Airport property fronting Sutton Street and situated
between Terminal Road(i.e.the Airport access driveway)and Old Clark.Road,to include construction of
a 39,100+/SP athletic facility with office space,parking lot,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,Assessor's Map 075.0-0001-00003- 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 4 Buildings and
Uses Permitted,Part 5'Watershed Protection District,Article 10 Administration Section 195-10.7 and MGL
Ch.40A,Sec 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 of5-0)to grant the Watershed Special Permit A
special permit issued by the Planning Board,as special permit granting authority,requires a vote of at least
four members of 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 Board 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 finding 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 FACT:
FINDINGS OF FACT
1) The specific Site is an app=riate location for such a use,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 neighborhood 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) Thee 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 fire/safety access to the building.
4) Adequate end appropriate facilities will be provided for the proper operation of'tba
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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I
Bk 17912 Pg346 #541
i
492 Sutton Street
Watershed Special Permit
Construction of 39,100+/»athletic facility
December 5,2023
5) The se is in haring"with the general puWose and intent of this Zonin B law,
The proposed Project is centrally and conveniently Iocated 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 resource areas,and the project will enhance the aesthetic of the property
with now building;design,landscaping and screening.The Project,as shown on the Plans,
will comply with the North Andover Zoning Bylaw as the Zoning Board of Appeals
granted a special permit to allow for the use at their November 14,2023 meeting.
6) The Site is currently undeveloped and relatively flat,consisting of maintained grass
fiel
ds,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.
7) 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 this finding on the following facts:
a) The Project is -located within an environmental sensitive area and in close
proximity to a wetland resource area that drains to Lake Cochichewick.The final
design reflects discussions between the Town and. Applicant to ensure the
continued protection of Lake Cochichewick and the safety and welfare of the
residents of North Andover.
b) Stormwater Management: The construction has been reviewed by Town Staff and
the Town's stormwater management consulting engineer,Horsley Witten, and with
the application ofthe erosion control measures and modifications to the drainage and
stormwater management designs, the consultant concluded that there will not be
significant degradation to the quality or quantity, of water in or entering Lake
Cochichewick,The Site drainage system and stormwater management design are
designed in accordance with the Town Bylaw requirements,Best Engineering and
Management Practices and the most recent version of the MA DEp Stormwater
Handbook.The Plan has been reviewed by the outside consulting engineer,Janet
Carter Bernardo, P.E., as evidenced by letters dated October 18, 2023 and
November 16, 2023 (2), and November 28, 2023 and response correspondence
from Hancock Associates dated November 1, 2023, November 16, 2023, and
November 27, 2023. The stormwater management design for the proposed
development includes constructing a porous. pavement parking Iot with a
subsurface reservoir to infiltrate runofffxom the building roof and parkin$lot. The
reservoir overflows to the municipal stormwater system on Sutton Street.
8) The application was reviewed by John Borgesi,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 November 27,2023.
9) The application was reviewed by Town staff as evidenced by email communications from
Amy Maxner,Conservation Administrator,dated October 10,2023,Lt.Bob Kilcoyne,
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Bk 17912 Pg347 #541
492 Sutton Street
Watershed Special Permit
Construction of a 39,100*/-athletic facility
December 5,2023 i
Fire Prevention Officer,dated November 1,2023,and Tim Willett,DPW Operastions,
dated Ootober 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 CONDI UON'S:
10) 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.•
0075-00013,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 Dome Grown Lacrosse
Sports Facility and Offices", dated August 30,2023 and revised to November 6,
2023 consisting of sheets A 1 —Al0.
c) The"Project"refers to the proposed development of a 2.5 +/-acre Ieased 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,as
depicted on the Plans,to include construction of a 39,100 +/-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
MGL Ch.40A,Sec 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 interest to the building from time to time, as the context may require, which
can include but is not Iimited to the Applicant,developer,and owner.
11) All stormwater management best practices shall be maintained as specified in the approved
Operation and Maintenance Plan,dated November 27,2023.
12) 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.
PRIOR TO ISSUANCE OT SZTE WORK,BUILDING PEST,OR CONSTRTJCI ION
13) The Applicant will provide copies of all Decisions,Notification,and Orders of
Conditions,if any,from the North Andover Conservation Commission,
14) Two(2)copies of the signed,recorded decision and with endorsed plans attached must be
delivered to the Planning Department.
15) In consultation with the Director of Planning,the Applicant shall designate as
Independent Environmental Monitor.The monitor shall read,sign,and return to the
Planning Director the Letter of Agreement for Independent Monitors,The Environmental
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Bk 17912 Pg348 #541
492 Sutton Street
Watershed Special Permit
Construction of a 39,100+1-athletic facility
December 5,2023
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,
16) 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.
17) All erosion control measures as shown on the Plan must be id place and reviewed by the
Town Planner,
1 S) A copy of all local,state and federal permits required for the Project shall be submitted to
the Planning Department.
19) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities.
20) The Applicant shall sign the Stormwater Operation and Maintenance Plan dated
November 27,2023.
21) A bond in the arnount of four thousand dollars($4000.00)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 Ina form acceptable by
statute.
22) The Applicant shall incorporate the following conditions as a property restriction and a copy
of the recorded restriction shall be submitted to the Town.Planner and included in the file.
a) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free.
b) 'Ile use of coal tar-based pavement sealants is prohibited.
23) A pre-construction meeting must be held 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.
DURING CONST>i21( MON
24) 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.
25) Any stockpiling of materials(dirt,wood,construction.material,etc.)must be shown on a
Plan and reviewed and approved by the]darning Staff, Any approved piles must remain
covered at all times and fenced off to minimize any dust problems that may occur with
adjacent properties.
Bk 17912 Pg349 #541
492 Sutton Street
Watershed Special permit
Construction of a 39,100+/ athletic facility
December 5,2023
26) 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 constructioni. Off-site erosion will be a
basis for the Manning 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 CER'X`lF11:CA1E OF OCCUPANCY
27) The Applicant 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 Planning Board and that the
stormwater management structures are functioning as designed,
28) All stormwater structures shall be cleaned,in accordance with the approved.Stormwater
Operation and Maintenance Plan.
PRIOR TO THE RELEASE OF THE PERFORMANCE BOND
29) 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 in paper form as well as in SDP'(Standard
Digital File)format.
30) The Planning Board must by a majority vote make a finding that the Site is in conformance
with the approved plan.
GENERAL COND>! IONS
31) 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
ini perpetuity.
32) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
33) Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
34) The how for construction shall be limited to between 7,00 am. and 5:00 p.m,Monday
through Friday,and between 8:00 a.m.and 5:00 p.m,on Saturday.
35) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
36) The provisions of this conditional approval shall apply to and be binding upon the
Applicant,its employees,and all successors and assigns ml interest or control.
37) 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,
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Bk 17912 Pg350 #541
492 Sutton Street
Watershed Special Permit
Construction of a 39,100+1-•athletic facility
December 5,2023 1
38) Any revisions to the Flans shall be submitted to the Staff Planner for review. If these
revisions are deemed substantial,the Developer must submit revised plans to the Planning
Board for approval.
39) Pursuant to the North Andover Zoning Bylaw Section 195-103, this Special Permit
approval shall be deemed to have lapsed December 59 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.
40) The following information shall be deemed part of the decision:
Plan titled: Permit Site plan Home 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,MA 01824
Date; August 30,2023,revised to November 6,2023
Storrnwater Management Report
Prepared for. Home Grown Lacrosse,)(.LC
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 01824
Date: November 21,2023
cc:
Applicant
Engineer
Abutters
Owner
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