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Home My WebLink About07/15/2025 - Insubstantial Change - - Town of North Andover Office of the Planning Department..............P V, }r Community Development Division 120 main Street North Andover Massachusetts 01 045 :NOTICE OF DECISION (Insubstantial Change) Date of Decision: July 15,2025 Petition of: IISM,Inc ��. � �.....,.,.... ., u�.��n..,n.,.... ��'��'�w� � �n� ��; � �� 881 East Street i., .s p" s p t;r n Tewksbury,TE A.01876 Premises Affected: 350 Winthrop Avenue North Andover,MA 0184 Map 26 Block +6, 8, & 9 Map 27 Block 27, 30, 31, & 32 BACKGROUND On ..February 20 2024, the Planning Board approved a Site plan Review Special Permit to allow the redevelopment program consisting of renovating the existing Kohl's tenant space to accommodate the relocation of Market Basket, The vacated Market Basket tenant space will be renovated to accommodate Kohl's and approximately 17,600 00 SF specialty retail shops. Additional improvements include parking lot upgrades,improved traffic circulation,increased landscape area,upgrades to existing stormwater management system,and Site lighting improvements. The property is located in the B-3,B-4 R-4 zoning districts. On July 9, 2025 the Petitioner submitted a request for proposed mo ificatlons to the plans titled Site Plan for Redevelopment of North Andover Mall--North Andover,MA., dated October 24, 2023 and revised to February 19, 2024. FINDINGS OF FACTS The Petitioner attended the July 15, 2025 Planning,Board meeting to discuss the Insubstantial Change request with the Planning Board. The proposed storm water management for the redevelopment project was reviewed by Horsley Witten in January 2024. The proposed,storm,water ma.n�ag,e ent system. approved in 2024 and currently under construction includes e�t banns with�sediment forebays, a water, ali swale, and trench drains that direct runoff to hydrodynamic particle separators. The proposed parking,lot area was graded to provide additional flood storage capacity. A large portion of the parking lot is within the 100-year flood zone(Zone AE) and the flood way associated with the Shawsheen River bisects the northwest corner of the parcel. There are wetland resource areas and buffer zones within the northern and southern portions of the property. o e. roecburin the construction renovations t site lew cn014 of 2025 a roblem was ident�e where th.e l r e as hamlt ark`n lot beiv!een Winthrop�rcp Avenue and the p retail building began to leak and sink holes were observed due to .ccsslve groundwater. 4 kM uwly4mNMW� ✓ .... Insubstantial Change Request 3 5 0 Winthrop Avenue—North Andover Mall July 15, 2025 Page 2 of 2 • It is the engineer's t:) project ineers opinion that a perched water table is under the parking lot and 01 0 following extreme rain events, stormwater and groundwater flowing downslope from the southeast settles beneath the parking lot and cannot infiltrate. The proposed solution is to install an underdrain system that consists of 6-inch perforated corrugated plastic pipe(CPP) encased in an 18-incy by 18-inch stone trench. The underdrain system is proposed to be installed below the gravel base course of the parking lot. • The perforated CPP underdrain system will connect to a solid 6-inch CPP on the south side of Wet Basin 2 and outlet at the bank edge of the perennial stream. The stream bed at the location of the proposed outfall is at elevation 22. The invert of the 6-inch CPP is proposed to be at 24 and the surface elevation at this location is approximately elevation 25. The project engineer is proposing rip-rap stone that complies with MassDOT M2.02.3. oil The proposed changes to the stormwater management design were reviewed by the Town's third- party consultant,Horsley Witten(see July 10, 2025 letter from Janet Carter Bernardo.P.E.)., and the peer review consult has no objection to the proposed underdrain system. It is Horsley Witten's opinion that the proposal to intercept the groundwater will not impact the stormwater management previously approved and constructed. In addition,the Petitioner is requesting to modify the grades within the Bioretention Area adjacent to Wet Bas in-1. # The project engineer has observed that during heavy rainfall events standing water is held within the Bioretention Area and Wet Basin-1 which then surcharges into the Sediment Forebay. The originally approved design included a 30-foot-wide riprap spillway,bottom of stone at elevation 26, between Wet Basin-1 and the Bioretention Area, The Bioretention Area was set at approximately elevation 26, discharging via a riprap spillway set at elevation 25 into the perennial stream. Existing spot grades within the Bioretention area are between elevations 25.8 and 26.3. 0 The modified design includes lowering the spillway between Wet Basin-1 and the Bioretention Area from elevation 26 to 25.8. The grades within the Bioretention Area will also be lowered to create a Grass Channel Swale with a 1% slop between elevations 25.5 and 25.0. The riprap spillway at elevation 25 will remain. 0 Horsley Witten has peer reviewed the proposed changes and has recommended that the petitioner include the addition of riprap at the outlet between the Bioretention Area/Grass Channel Swale and the perennial stream. Also,Horsley Witten recommends that the petitioner confirm that it is proposing the same seed mix for the Grass Channel Swale as previously specified—New England Control/Restoration Mix for Detention Basins and Moist Areas. 0 The project engineer has included the recommended addition of riprap,at the outlet between the Bioretention Area/Grass Channel Swale and the perennial stream on the plan referenced at the end of this Notice of Decision. Also the project engineer has confirmed that the same seed mix for the Grass Channel Swale as previously specified is proposed. 0 The petitioner has filed for an Amendment to the approved Order of Conditions with the Conservation Commission. fur Insubstantial Change 3 5 0 Winthrop Avenue—North Andover Mall July 15, 2025 Page 3 of 3 After discussion at the July 15,2025 Planning Board meeting, and upon a motion by E. Goldberg to deem the modifications as insubstantial. P.Boynton seconded the motion. The vote was:3-0. unanimous in favor. The finding of Insubstantial Change is conditioned on the f Imollowinor- . CONDITIONS The Petitioner shall comply with all existing conditions rendered in the approved Site Plan Review Special Permit for the site. In the event the Conservation Commission requires a material change to details depicted on the plans referenced at the end of this Notice of Decision (as deemed by the Planning Director)during the Amendment to the Order of Conditions hearing the Petitioner shall submit revised plans to be reviewed by the Board in accordance with the process described in § 195-8.17(Revisions to Approved Site Plan). This Notice of Decision shall be recorded with the Northern Essex Registry of Deeds and evidence of recording shall be provided to the Planning Department. • The following information shall be deemed part of the decision: Plan titled. Parking Lot Underdrain Piping,Plan tp Prepared for: DSM Realty 881 East Street Tewksbury,MA 01876 Boston,MA 02110 Sheets: C-2.1 Prepared by: RJO'Connell&Associates,Inc. 80 Montvale Avenue, Suite 201 Stoneham,MA 02180 Date: July 8,2025 Plan titled: Miscellaneous Details V Prepared for: DSM Realty 881 East Street Tewksbury,MA 01876 Boston,MA 02110 Sheets: C-9 Prepared by: RJO'Connell&Associates,Inc. 80 Montvale Avenue, Suite 201 Stoneham,MA 02180 Date: July 8,2025 J*,i,E-n 'ght,Plani", , ri ing Director On Behalf of the North Andover Planning Board Eitan Goldberg, Chair John Simons Peter Boynton