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Home My WebLink AboutDecision - 980 OSGOOD STREET 5/3/1995 � REO[!Y�D � UKUU | |{U UUMUU JUyO[ BRADSHAW TOWN O F NORTH AND O V E R TOWN SLE�. K MASSACHU S E T T S NORTH-ANDOVER \ IMm l 12 14pU «�� ` Any appeal shall be filed � ~____COPY within (20) days after the ~ ,f � date mff`Gng of this Notice U Tmn Clerk � in the Off ' —''' ~^ ^^ "=°"«" ' | Cleric. N{}T| CE ��F DE��|S|ON . ` ` lo�13 Dute . ^ma� ,3� .l995 . , , , . , . , ^ . . . . . , , no,u ---- - �ar 2l 1995 ' Date of Hearing . , . . . , .'' . . . . . . . . . Joyce A. Apr 4, &gz l8, l995 Town Clerk May l, 1995 . Jubu Ferreiza c/o 0oz�b &udove� �e�aco Corp Petitionof . . . , . . . , . . . . . , � . ^ , . . , , ^ , . , . . . , . , , . i . , , ^ , , . , .` � . , ^ , , , ^ , ^ , , , . . . . . . . == . � . 98O Osgood Street Premisesaffected , . . . . , . , . . . . . ^ . . ^ , , ^ , ^ ^ ^ , . , . , ^ ^ . . . , . . , . , . ^ . , ^ ^ , . ^ ^ . , . . ^ . , . . Referrioa to the above petition for a special permit from the requirements North Andover Zoning Bylaw - Section 4.136 Watershed Protection District ofthe . . , . , . ^ . . , , . , , . . , ^ , , ^ , . , . , . ^ _ , ^ . , . , ^ . , .`^ . , , , , . , , , ^ , , . , , , , , . _ ^ . ^ . , . . . . ^ , allow the construction of a 2560 sq. ft. l 1/2 atuz� sous to ��zooz . . , . , . , . , . . . . ^ , . ^ . . . . , , , ^ ^ ^ , ^ . , . . . ,~ , ^ . . , ^ , . ^ ' ^ . . . ^ . , , . . . . , . . " . ouubio Donuts. " ' ' ' ' ' ' ` ' ' ^ ' ' ' ` ' ' ^ ' ` ' ' ' ' ` ' ^ ' ` ^ ' ` ' ^ ' ' ^ ` ^ ` ` ' ' ` ' ' ' ' ' ' ' ' ' ` ` ^ ` ^ ^ ' ` ' ` ' ^ ' ` ' ' ' ' ' ' ' ' ' ' ' ' After n public bearing -'veo on the above date, the Planning Board voted till till—o conditionally to . �IPPFPyf!. . . . . . . .tbe . . . . . . . . ` ' ' ` ` ^ ^ ' ' ' ' ` ` ' ' ^ ' ' ' ' ' ^ ' ' ' ' ' ' ' ' ' ' ' CC: Director of Public Works based upon the following Building IusIx4mtoz Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief �3 '�� A4 Fire Chief ^�-c�r��e ^ �� ~/v/ U7(� ��8 0kpDiobazd ,a^ ,0azdella,, ,Cbaizmau , , Applicant p+ 4n lv (/* . ' /m/�°c,i—�ooepb Mahoney, Vice Chairman �� ! Engineer L �M /�,�~ � 4 �� xM ��,� ^ . , . . , . . , . . . ^ . ` ^ ` ^ ` ^ ^ ` ^ ` ` ^ ' ' ' . , . | File ' ' ~ � /'/'v _-� Richard 8oneu, Clerk Interested Parties ^Al. . .n, ,ou. .Les. . . . . . . , , . . , , , , , ^ , , , ^. . . ^ / � ' ` ^ ^ ` ` ^ ^ ^ ^ ^ ^ ^ ^ ^ ` ^ ^ ` ` ` ' ` ` ` ^ ` ` ` ` ^ ` ` � John Simons 7. Town of North Andover < N°oT#1 OFFICE OF ,.? •' ' °c COMMUNITY DEVELOPMENT AND SERVICES 1 p r 146 Main Street ��''•,,,o•�•'`ty+ KENNETH IL MAHONY North Andover,Massachusetts 01845 9SS^CHUS"*' Director (508) 688-9533 O 1 May 3 , 1995 Ms. Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Watershed Protection District North Andover Texaco Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on March 21, 1995 in the Senior Center behind the Town Building, upon the application of John Ferreira c/o North Andover Texaco Corp. , 980 Osgood Street, North Andover, MA, requesting a Special Permit under section 4 .136 Paragraph 2 .b.2 . (Watershed Protection District) of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on February 22 and March 1, 1995 and all parties of interest were duly notified. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk. The petitioner was requesting a special permit to allow the construction of a 64 ' x 40' 2560 sq. ft. , 1 1/2 story "Dunkin Donuts" located at the North Andover Texaco Station, Rte. 125, 980 Osgood street in the Business 2 (B2) Zoning District. Due to a lack of a quorum, the Planning Board was unable to open the public hearing. The public hearing will be opened on April 4, 1995. The -Planning Board held a regular meeting on April 4 , 1995. The following members were present: Richard Nardella, Chairman, Joseph Mahoneyll,4 Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. Mr. Rowen read the legal notice to open the public hearing. John Ferreira and Robert Daly were present. Ms. Colwell stated that they have altered drainage so that it flows 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Jute Parrino D.Robert Nicetta Michael Howard Sandra Staff Kathleen Bradley Colwell Q A into the Merrimack River, not Lake Cochichewick. A letter was read from DPW giving their approval. Conservation Commission has no issues. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, vote to close the public hearing was unanimous. The Planning Board held a regular meeting on April 18, 1995. The following members were present: Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. Mr. Mahoney, acting chair, asked the Board members to read over the draft decisions and have comments ready for the May 1st meeting. The Planning Board held a regular meeting on May 1, 1995. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk and Alison Lescarbeau. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to unanimously approve the Watershed Special Permit as written. Attached are those conditions. Sincerely, North Andover Planning Board Richard A. Nardella, Chairman 2 Li F7 980 Osgood Street Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of John Ferreira, 980 Osgood Street, North Andover, MA dated February 3 , 1995, requesting a Special Permit under Section 4. 136 (4) (a) of the North Andover Zoning Bylaw to allow surface and subsurface discharge of stormwater associated with an addition to the existing Texaco Station. The site is located in the Business - 2 Zone in the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4 . 136 (7) and (8) 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: A. 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. This finding is based upon a written certification stating that the runoff from of the new development will drain into a detention area on adjacent property which outlets to the Route 125 storm drain network and eventually outlets into the Merrimack River Watershed. Therefore the majority of the stormwater drains outside of the Watershed Protection District. B. that there is. no reasonable, alternative location outside the Non-Discharge Zone for any discharge associated with the proposed construction as the entire lot is located within the Non-Discharge Zone. 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 stormwater management systems employ Best Management Practices ; B. The use will not adversely affect the neighborhood as the property is located in a Business -2 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. ill rSppecia'31 Uon raching the above findings, the Planning Board approves this Permit based upon the following conditions: SPECIAL CONDITIONS: 1 This decision must be filed with the North Essex Registry of I Deeds. The following information is included as part of this decision: Plan titled: Site Plan of Land in North Andover, MA Drawn for: John Ferreira 980 Osgood Street North Andover, MA Scale: 1" = 20 ' 3/31/95 Date: Sept 10, 1994 ; rev. 3/16/93 ; 3/20/95; Prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 Any changes made to these plans shall be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. In no instance shall the applicant' s proposed construction be allowed to further impact the site than as proposed on the plan. 2 . Prior to any work on site: a. All erosion control measures must be in place and reviewed by the Town Planner. b. 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. 3 . Prior to FORM U verification (building permit issuance) : a. The existing storm drain line that runs adjacent to Route 125 must be cut, plugged, and abando ed as shown on the i plan. 0.VG sa � 4 . Prior to N- rification of a Certificate of Occupancy: a. No pesticides, fertilizers, or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to the Planning Board and included in the file. 2 jromb.O�The structure must contain a r 1 fire sprinkler system in conformance with the North Andover Fire Department. C. The water service for the new building must be connected to the twelve (12) inch water main on Osgood Street. 5. Prior to release of the Performance Bond: a. The applicant shall submit a certified copy of an as- built plan which shows all construction, including sewer lines, leach pits and other pertinent site features. This as-built shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer. 6. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8 . 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. 9 . This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will expire on q cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer , Fire Chief Applicant Engineer File texaco.wpd 3