HomeMy WebLinkAbout24-26 MAIN STREET ttOltrl,
a..••• '4o RECEIVED
TOWN CLERK'S OFFICE
' 1013 MAR -6 PM 4: 05
♦ p a
+uxua TUlYti OF
NORTH ANUO'r E,
CONSERVATION DEPARTMENT MASSACHUSFTTs
Community Development Division
MODIFICATION TO ORDER OF CONDITIONS
Pondview—26 Main Street, North Andover
At the February 13,2013publichearing the North Andover Conservation Commission
(NACC)voted to issue a minor modification to DEP File#242-1544.The modification
approves an increase in deck size from 6 feet x 8 feet to 8 feet x 8.5 feet on units 1 through
5. In addition the modification approves the addition of a new 4-foot x 4-foot deck to an
existing 6-foot by 8-foot deck Due to the removal of the existing stairs from all decks(units
1-8),there is a net decrease in impervious area on the site of 100 s.f.All deck supports will
be located outside of the 50-foot No-Build Zone. The modification win conform to the plans
and documents referenced below and all changes will be reflected in the as-built plans.
Applicant: Andover Consultants, Inc.
James S.Fairweather II, P.E.
1 East River Place
Methuen,MA 01844
Record Plans: Site Plan, "Pondview"
Prepared by: Andover Consultants, Inc.
Dated: January 19,2012
Last Revised: January 29,2012
Stamped by: James S. Fairweather II, P.E. -
Other Record Documents: Letter from James S. Fairweather II, P.E.,Project Engineer
Dated: January 29,2013
Letter from James S.Fairweather II,P.E.,Project Engineer
Dated: February 6,2013
1600 Osgood Street,Badding 20,Suite 2-36,Notth Andover,Massachusetts 01845
Phone 978.688.9530 F= 978.688.9542
Web:hnp://v ..ton ofoordmdov=.c /Pages/NAndov MA_Consetvatim/index
RECEIVED
�o•,� TOM, CLERK'S CF?IGC
Town of North Andover
Office of the Planning Department 2013 FEB I I PM 12: 11
Community Development and Services Division TC c
M,a .•��r 1600 Osgood Street NORTH T=i
North Andover,Massachusetts 01845 MASSAChu
NOTICE OF DECISION (INSUBSTANTIAL CHANGE)
Date of Decision: February 11,2013
Petition of: Jeffco,Inc.
P.O. Box 802
Andover, MA 01810
Premises Affected: Rear Lot,LLC
26 Main St.
Assessors Map 28 Lot 14
HISTORY AND BACKGROUND
On February 7,2012,Jeffco,Inc. filed an Application for a Site Plan Review Special
Permit with the Planning Board pursuant to Section 8.3, 10.3, 10.31 and 18 of the Town of North
Andover Zoning Bylaws. On June 19, 2012,the Planning Board unanimously voted to grant the
Applicant a Site Plan Review Special Permit approving the Project.
On January 29,2013,Andover Consultants,represented by James Fairweather,provided
an updated plan titled"Site Plan Pond View,26 Main St.,North Andover,NW,dated January
29,2013. The plan depicts the following changes:
• Larger outdoor decks for units 1 —5. The new dimensions of the decks will be 8' wide
by 8'6' long. The original decks were 8' wide by 6' long.
• An additional 4' by 4' outdoor platform for unit 8.
• The steps from the deck to the ground have been eliminated for all 8 units.
FINDINGS OF FACT
The proposed revisions fall into the categories outlined in Section 8.3.8.a of the Town of North
Andover Zoning Bylaws,which are as follows:
i.) A change of egress and ingress provided the same is in compliance with Town Bylaws
and the requirements of the Commonwealth.
ii.) The applicant has provided an updated plan set dated January 29,2013.
The proposed changes are therefore deemed insubstantial and not materially different that the
approved plan, referenced in the June 19, 2012 Special Permit Decision.
Jeffco,Inc.
26 Main St.,Map 28,Lot 14
Site Plan Review
February 11,2013
CONDITIONS
The Town Planner's finding of no substantial change is conditioned on the following:
a This Decision shall be recorded with the Registry of Deeds and evidence of
recording is to be provided to the Planning Department.
Town of North Andover
Planning Department
By:
tM. Tymo lif
Planner
Dated: February 11, 2012
Massachusetts Department of Environmental Protection P—idedbYMmsDEP:
Bureau of Resource Protection-Wetlands Mass DEP File 8:242-7544
�\ 472215
WPA Form 5-Order of Conditions atyir vmrNORT M:ANDO
City/1'own:NORTHANDOVE8
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a F DOC b.f Amended OOC
3.Applicant Details
a First Name b.Last Name
c.Organimaon JEFFOO,INC.
d Mailing Address P.O.BOX 802
C.Chy/fown ANDOVER f State MA &Zip Code 01810
4.Property Owner
a First Name b.LastNanw
c Organbetlon REAR IAT,LLC
d MadingAddren 24 MAIN STREET
e.CityTovn NORTHANDOVER Estate MA g.Zip Cade 01845
5.Project location
aStrect Address REAR OF 24 MAIN STREET(26 MAIN ST)
h0ty/fow NORTH ANDOVER c.Zip Code 01845
d Assessors Map/Plat#28 e.Panel/1.oW 14
f.Ladtude 42.70564N g.Longrade 71.13229W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 11232 293
7.Dates
a.DeteNOIFiled: 1/162012 b.Date Public Hearing Closed:523/2012 c.Date Oflssuance:5242012
8.Final Approved Plans and Other Documents
a.Pian Title: I.Plan Prepared by: c Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
SITE PLANS ANDOVER JAMES S.FAIRWEATHERA
„POND�W'26aY 10,2012 1"=20'
MAIN STREET, CONSULTANT'S INC. P.E.
B. Findings
l.Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10'ELECTRONIC COPY
Massachusetts Department of Environmental Protection Ero°iled by MossDEP:
cDEp TTP File N:242-1544
7221
Bureau of Resource Protection-Wetlands eDEP TranNORT#:ANDD
0
WPA Form 5-Order of Conditions ciry/l'owo:xoRTB ANDOVER
Massachusetts Wetlands Protection Act M.G.L.a 131,¢40
Cubic Feet Flood Storage
e.oubic feet f cubicfed g cubic fed h.cubic fee[
g.r Isolated Land SubjecttoFboding
a square feel b.square fed
Cubic Feel Flood Smmge
n adnc fed dwbic fed e.cubicfed f.orbic fed
9.1-RicerftontArca
a total sq.feet b.trial sq.feet
Sq ft within 100 ft
c.square fed d.square feetasquare fed f.squarefat
Sq ft between 100-200 ft
g.squarefa h.square fed i.sgtmefeet j.square fed
Coastal Resource Area Impacts:
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
10.r DesigtatedPortAreas bah aae the under Land Undertla;Ocean,below
11.r Land Under the Ocran
a square fed b.square fed
c.dy dredged d.dy dredged
12.r Bantu Beaches Indicate size larder Coastal Beaches and/or Coastal Dimes below
13.r Coastal Beaches
a square feet b.square fed c.dy rannishmeraddyrtauislunart
14.r Coastal Dimes
a square feetb.square fed c.dynounslmentdctynounsbntms
15.r Coastal Banks
alinearfeet b.linear feet
16.r Rocky htterddal Shares
a square fed b.square fed
17.r Salt Marshes
a square feet b.squaw feet c.square fed d.square fed
IS.r Land Under Sah Ponds
a square feet b.square fed
c.e dredged d.dy dredged
19.rLand CmminingShellSsh
s square fed b.squarefed a.squarefed d.square feet
Page 3 of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Pmvidedby MassDEP'
M Ep Transaction
File#:242-1544
Bureau norm 5l- Protection-Wetlands #.4722 15
0
WPA Form 5-Order of Conditions Ctity/1'own:NORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L.C. 131,¢40
the Final Order"I also be noted in the Registry's Gmntm Inde,mderthe nem,of the owner of the lend upon which the
proposed work is to he done.In the case of the registered land,the Final Order shall also be noted an the Land Court
Certificate ofThIc of the owner ofthe land upon which the proposed work is done.The recording n"bou tion shall be subsumed
to the Conservation Commission on theform at the end of this order,which form must be stamped by the Registry Of Dads,
prim to the commencement of work.
10. A sir sball be displayed a the site not less then two square feet or more than Hate square feet in size heading the words,
Massachusetts Department of Envtonmental Protection"
[or'MwDEP'l
File Nmnba:"242-1544"
Il. Where the Department ofEavimnmaaal Protection is requested to issue a Supersed mg Order,the Conservation Commission
shall be aparty to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request forCatifims,ofCompliance(WPAFuns'
SA)to the Conservation Commission.
13. The work shell conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition 413 above shall require the applicant to inquire ofthe Conservation Commission
in writing whether the change is significant enough to require the fling of anew Notice of Intent
15. The Agent or members of the Conservation Commission and the Deparmrent of Envirommentol Protection shall have the right to
,mer and mapeathe ares mbjwto this Order at reasonable hems to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commrissim Or Department for that
evaluation
16. This Order of Conditions shall apply to my smceesmr,in interest a successor in control of the property sutjectm this Order and
many contractor or other person performing work conditioned by this Order.
17. prim tothe start of work,and if the project involves work adjacent to a Bordering Vegetated Welland,the boundary of the
wedand in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wedand
ers
boundary markshall be maintained mail a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedtnentation barriers shall be maintained in good repair until all dismmed areas have been fully stabilized with vegetation Or
othermeam.At no time shall sediments be deposited in awedand orwatebody.During construction,the apphcara mhisber
designee shall inspect the erosion currents on adaily basis and shall remove aavmulatcd sediments wneeded.The applicant
shall immediately entrant any erosion problems that occur at the site and shell also immediately ratify the Conservation
Commission,which reserves the right On require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation bamers shall serve as the limit of work unless nuothm limit of work line has been approved by this order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. 7heworkasoc edwiththi Order(Hre'Project")is(1) r isnm(2)r- subjecttothe Massachusetts Smrmwat Standards.
If the work is subject to Stamwat,r Standards,then the projedis subject onthe following conditions;
a) All wed;including site preparation,landdistrtmee,construction and redevelopment,shall be implemented in accordance
with the construction pciod pollution preventienand erosion and sedimentation control Plan and,if applicable,the
Stornw pollution prevention Plan required by the National Poibutam Discharge Elimination System CorstructionGenenH
Permit as required by Stomrwater Standard S.Construction period erosion,sedimentation and pollution control measures and
best management prem a(BMPs)shall remain m place until the site is fully stabitad.
b) Nostamwater mnoffmay be discharged to the port-construction smrmwaterBMPsmless and until a Registered
professional Engineer provides a Certification dart i.all construction period BMPs have been mnovodor will be removed by
a date certain specified in the Codification.For any construction period BMPs intended to be converted to post construction
operation for stormwater aft(nuotian,recharge,and/ortrcatment,the conversion is allowed by the MassDEP Stmmwater
Handbook BMP specifications and that the BMP has been property cleaned or prepared for post cunstuchon operation,
including removal ofall construction period sed'nnent tapped in inletand outlet control structures;ii..as-tatilt final consruction
BMPplam ere included,signed and stomped by aRegisused ProfesSWool En®neer,cetifymgme She's fully stabilized;ui.
any illicit discharges to the stormwater management system have been removed,as per the requ&emeRsof Smrnwater
Page 5 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided byMmDEP.
Bweau of Resource Protection-Wetlands MmDFPFilc#:242-1544
eDEPTr472215
Ll
WPA Form 5-Order of Conditions CAyTooans ORT#:ANDD
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C7ry/I'ow¢NORTH ANDOVER
Page 7 of 10* ELECTRONIC COPY
L1Massachusetts Department of Environmental Protection Provided by M—DEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1544
WPA Form 5-Order of Conditions eDEP Transection#:
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTHANDD rdDOVER
E. Signatures
This Order is valid for free years fiom the date ufissuance,unless otherwise specified
pursramtm General Condition#4.If ibis is an Amended Order of Conditions,the Amended 1.Data of Original Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.The;Order raw be signed by 2 Num461ligmers
a majority of the Conservation Commission.
The Order most be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Prdection Regional Office,if not filing
electronically,and the property owner,ifditferenentfrom applicant -
Signa m s:
tJl.a- \ v`
C by hand delivery on certfied il, receipt requested,on
S16,611a
Date Dam
F. Appeals
The applicant,the owner,any person aggrieved by flys Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city ortown in which such hand is located,are hereby notified of their right in request the appropriate MassDE.P
Regional Office issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and acompleoci Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the dam of issuance of this Order.A copy of(he request shall athe same time be
sent by certified and I orhand delivery to the Conservation Commission and tote applicant,if he/she is not the appellant
Any appellants seeking in appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participatiorm inthe review ofthis projeeY.Previous participation ince pennitproceeding means to submission of written information to
the Conseivation Commission prior to to close of the public heating requesting a Superseding Order,or providing written information
to the Deparhnentprior to issuance of Superseding Order.
The request shall same clearly and concisely the objections in to Order which is being appealed and how to Order does not
contribute m the protection ofthe interests identified in to Massachusetts Wetlands Protection At(MG.L.c.131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To to extent that the Order is based on a municipal ordinance or bylaw,
and nor on the Massachusetts Wetlands Protection Actor regulations,the Department has no appellate jurisdiction.
Page 9 of 10*ELECTRONIC COPY
Massachusetts Department of Enviroomentsl Protection Provided by MassDEP:
Bureau of Resotuce Protection-Wetlands MasscDEp o,,,,P File 4:242-M1
eDEP Transaction 4:-1544
0
WPA Form 5-Order of Conditions Citylrown:NORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
G.Recording Information
'Deis Order ofCondifiow most be recorded in the Registry ofDeeds or the land Court fm the district inwNchthe land is located,
withinfie chain oftide ofthe affected property.In the case ofrecorded IoM,the Final Order shall also be noted in the Reesh}/S
Grantor lndaa under the name ofthe owner ofthe land subject to the Order.In the case ofregistered land,dds Order shall also be
noted on the Land Coon Certificate of Title ofthe ownaofthe land subject to the Oader of Conditions.The recording mfommtion on
this page shall be submitted to the Conservation Commission fisted below.
NORTHANDOVER
Conservation Commission
D mch onddted line,have stamped bytheRegistry ofIXMs and submittoNe CmiservattcaCmmrus oon
...........................................................................................................................................................-.............................................
To:
NORTHANDOVER
Conservation Canmissim
Please be advised that the Order of Conitimm for the Project at:
REAR OF 24 MAIN STREET(26 MAIN ST) 242-1544
PmjtaLocation MassDEPFOeNumber
Has been recorded at the Registry of D=ds of:
County Book Page
far
Property Owner
and has been noted in the chain oftide ofthe affected Property vc
Book Page
to eaurdwc,with the Onler of Conditions issued on:
Date
If o oDrded Ian,the instrument numba identifymg dos aunsaction es:
hmoxamaNmnbe
ffregistered land,thedonnnentn—ber idemifyhrg Us transaction h:
Docim entNmnber
u..m io
Sigrtature of APPhcanl
Page 10 of 10"ELECTRONIC COPY
DEP FELE#242- 1544
Therefore,the North Andover Conservation Commission(hereafter the"NACU)hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions mom or differ from the plans specifications or other
prol2osals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS mmi
20. The proposed work includes: demolition of an existing garage,structures and
pavement and construction of an 8-unit condominium structure with appurtenant
grading,driveways,stormwater management,landscaping and utilities. Portions of
the work are within 100 feet of Bordering Vegetated Wetland and the bank of Sutton
Pond. A buffer zone enhancement plan is also proposed.
21.The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant Jeffco,Inc.
P.O. Box 802
Andover,Massachusetts 01810
Property Owner: Rear Lot,LLC
Rear of 24 (26) Main Street
North Andover, MA 01845
Notice of Intent filed by: James Fairweather
Andover Consultants, Inc.
1 East River Place
Methuen, MA 01844
Site Plans prepared by: Andover Consultants
Titled: Pondview
26 Main Street
North Andover, Mass
Date:January 19,2012
Revised: May 2(sheets 1,3,4) and May 10,2012
(sheet 2)
Sheets: Existing Conditions Plan,Site Plan, Details (2
sheets)
Stamped by:James S. Fairweather II,P.E.
242-1544,24-26 Main street,special Conditions 1 NACC 5/242012
DEP FILE#242- 1544
nd
24 Failure to comply with all other regulatory measures,shall be deemed cause to revoke or modify this Ordeonditions stated herein,and with all related statutes r.
25.This Order does not grant any property rights or any exclusive privileges;it dos not
property
authorize any injury to private property or invasion of rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of
Conditions,the Act(310 CMR 10.00),the North Andover Wetland ByLaw and
Regulations,and may require any information,measurements,photographs,
observations,and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC,agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26.This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes,ordinances,by-laws
or regulations.
27.The work authorized hereunder shall be completed within three years from the date of
this order.
28.This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days 30 rior to the Mir-tion dao of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29.The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30.Where the Department of Environmental Protection(DEP)is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
ected by the proposed work:
32 The following o Bordering VegetatedWettland(BVW)and ce areas are f Buffer Bank of Sutton Pond. These rsour resource
areas are significant to the interests of the Act and Town ByLaw as noted above and
242-1544,24-26 Main Stree4 Special Conditions 3
NACC 5/2412012
DEP FILE 9 242- 1544
38.No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
39.This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for a district in
property,
which the land is located,within the chain of title of the affected rope In the case
Of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1544."
41. Any changes in the submitted plans caused by the applicant,another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant).Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
42. It is the responsibility of the applicant,owner,and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed and dated sequence of construction,including the installation of
sedimentation/erosion control devices,demolition,foundation installation,
stormwater structure installation,paving,landscaping and all other work planned
through final stabilization.
44.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s)throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
242-1544,24-26 Main Street,Special Conditions 5
NACC 5/242012
DEP FILE#242-1544
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
49. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report with photos from the"Erosion Control Monitor' to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection,all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity,and/or
other water quality impacts.The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater(24 hour event) to
ensure that soils remain stable,and erosion controls are adequate and secure
50. Prior to construction or when stone wall construction is complete,the applicant shall
permanently mark the edge of the"25' No-Disturbance Zone" on all delineated
wetlands with signs or markers spaced evenly every 25 feet incorporating the
following text: "Protected Wetland Resource Area' and the associated rules (1 square
for every 3 round markers). This will designate the resource area sensitivity and
assure no further inadvertent encroachment into the wetland. These permanent
markers are subject to review and approval by the NACC. The applicant shall instruct
all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant. These markers shall remain posted and
be replaced as necessary in perpetuity. Markers may be obtained at the Conservation
Department($2 round/$3 square).
51.The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring,or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five(5)business days prior
to the closing of said land transaction.
52.Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
242-1544,24-26 Mein Street,Special Conditions 7 NACC 524/2012
DEP FILE#242- 1544
Plan is fully binding upon the applicant and/or owners,successors,agents,
associations,heirs and assigns and must be adhered to in perpetuity. Proof of annual
maintenance may be requested to verify compliance. A log/proof of annual
maintenance activities as outlined in the approved Operation&Maintenance Plan
shall be maintained for a 5 year period.
59.The applicants,owners,and their successors and assignees,shall maintain all culverts,
collections basins,traps,outlet structures,subsurface storage areas,and other
elements of the drainage system,in order to avoid blockages and siltation which
might cause failure of the system and/or detrimental impacts to on-site or off-site
resource areas,and shall maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
60. Prior to the installation of the infiltration system, additional soil testing shall be done
within the infiltration area.The applicant shall provide written documentation,for
Conservation Department approval,that soil conditions in that area are consistent
with the design parameters.
61. IMPORTANT: Immediately upon completion of the building foundation(s),and
prior to further construction activities associated with the site,the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor of the
Commonwealth(R.P.L.S.)which accurately depicts the foundation location and it's
proximity to wetland resource areas as approved under this Order of Conditions.
Said plan shall be submitted to the Conservation Administrator for approval. Failure
to comply may result in a stop work order for the site.
62. Upon beginning work,the applicant shall submit written weekly progress reports
detailing what work has been done in or near resource areas,and what work is
anticipated to be done over the next period.This will update the construction
sequence. Reports shall be submitted in as part of the weekly environmental
monitoring report(Condition#49).
63. All existing and proposed catch basins and oil traps on the site or on the streets
adjacent to the project shall be protected by Silt Sacks or other approved method to
prevent sediment from entering the drainage system. Silt Sacks or other catch basin
protection shall be maintained and regularly cleaned of sediments until all areas
associated with the work permitted by this Order have been permanently stabilized
and the NACC and/or Conservation Department has formally approved their
removal.
64. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition
of this order, even after a Certificate of Compliance is issued,that the oil/gasoline
traps in the catch basins be maintained. All catch basins shall be free of all
242-1544,24-26 Main Street,Special Conditions 9 NACC 5242012
DEP FILE#242- 1544
73. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
74. During and after work on this project,there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. if there s a spill or dischargeOf
y
pollutant during any phase of construction the NACC shall be notified by the
applicant within one(1)business day. No construction vehicles aretolubrication,stored orm
100 feet of wetland resource areas,and no vehicle refueling,equipment
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
75. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100)feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wetland protection ByLaw.
76.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types(<5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area.Thisp�ition
shall survive this Order of Conditions and shall run with the title of the proThis
condition is issued under the authority of the Towns Wetland Protection ByLaw and
shall remain in perpetuity.
77.There shall be no dumping of leaves,grass clippings,brush,or other debrisinto a
wetland resource area or within 25 feet of a wetland resource area. This condition
shall remain in perpetuity
78.Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loamirig and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
Conservation staff,the erosion controls shall be
79 removed and properly disposed n approved site stabilizationo and all exposed unvegetated areas shall be seeded.
80. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
NACC 5/24/2012
242-1544,24-26 Main SVeet,special conditions l l
DEP FILE#242 -1544
➢ Resource Area Markers(Condition#50);
➢ Stormwater Management System Maintenance(Condition#58)
➢ Maintenance of catch basins (Condition#64);
➢ Discharge or spillage of pollutants(Condition#74);
➢ Prohibition of underground fuels(Condition#75);
➢ Limitations on the use of fertilizers,herbicides,and pesticides(Conditions
#76)
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#77);
➢ The attached"Stormwater Operations and Management Plan',including
Best Management Practices. No additional filings will be required to
conduct maintenance of the above referenced system and plan.
242-1544,24-26 Main Street,Special Conditions 13 NACC 5/242012
Of NORTH NN
' a TOYY; FCEIVED
t
._ERR'S OFFICE
1011 JUN 20 PM 2: 38
'SSACHUse 7`01';1; 0'=
NORTH A!v00� -I
PLANNING DEPARTMENT MASS .CHLIc,z '
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
SITE PLAN REVIEW DECISION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: June 19,2012
Date of Hearing: March 20,2012, April 3,
2012, May 1, 2012, June 5, 2012,June
19, 2012
Date of Decision: June 19, 2012
Petition of- JeHen,Inc
P.O. Box 802
Andover,MA 01810
Premises Affected: Rear Loy LLC
26 Main St.
Assessors Map 28 Lat 14
Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover
Zoning Bylaw, Sections 8.3, 10.3, 10.31 and 18,and M.G.L.c.40A,Sec.9.
So as to allow the construction of an 8-unit residential condominium dwelling unit on a lot with access to
Main St. via an existing driveway which is located on two lots with frontage on Main St., with parking
spaces, associated landscaping, stormwater management and installation of utilities. The project also
includes the demolition of existing out-buildings, in the Industrial S (I-S) and Downtown Overlay Zoning
District.
After a public hearing given on the above date, and upon a motion by T. Seibert and 2n°by D. Kellogg to
APPROVE the Site Plan Special Permit, as amended, and based upon the following conditions. The vote
was 4-0 in favor of the application. �
An behalf of the 14qrth Andover Planning Board
John Simons,Chairman
Timothy Seibert
Michael Colantoni
Dave Kellogg
1
26 Main St.
Map 28,Parcel 14
` Site Plan Special Permit-Multi-Family Dwelling Unit
The Planning Board herein APPROVES a Site Plan Review Special Permit to allow the construction of an 8-
unit residential condominium dwelling wit. The project involves three lots: 26 Main St. (Map 28, Lot 14),
22-24 Main St. (Map 28, Lot 12) and 28-30 Main St. (Map28, Lot 13). The new dwelling unit will be
constructed on 26 Main St.and will have access to Main St.via two existing driveways which are located on
22-24 Main St. and 28-30 Main St, The project also includes parking spaces, associated landscaping,
stormwater management, the installation of utilities and the demolition of existing out-buildings, in the
Industrial S (I-S) and Downtown Overlay Zoning District. The project is located at 26 Main St., North
Andover, Massachusetts, 01845, Assessors Map 28, Parcel 14, within the Industrial S (I-S) and Downtown
Overlay Zoning District. The parcel totals approximately 24,776 sq.ft.with zero frontage on Main Street and
access via an existing driveway located at 22-24 Main St and 28-30 Main St. This Special Permit was
requested by Jeffcq Inc,PO Boa 802,Andover MA,01810. The application was filed with the Planning
Board on or about February 7,2012. The public hearing on the above referenced application was opened on
March 20, 2012, with additional hearings on April 3, May 1, and June 5, 2012, and closed by the North
Andover Planning Board on June 19, 2012. The applicant submitted a complete application, which was
noticed and reviewed in accordance with Section 8.3, 10.3, 10.31 and 18 of the Town of North Andover
Zoning Bylaw and MGL C.40A,Sec.9.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Sections 8.3, 10.3, 10.31 and 18.
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is the construction of a multi-
family dwelling unit within the Downtown Overlay District, which encourages dense residential
development within the "downtown' North Andover area. The project includes access to the
new dwelling units over an existing driveway located on two lots with frontage on Main St: 22-
24 Main St. and 28-30 Main St. Access to Main St. is over a driveway on the north side of 22-
24 Main St. Parking will be provided within the units as well as in front of each unit, with
additional visitor parking. A stmrnwater management system and extensive landscaping are
included in the project.
2) The owners of the parcel applied for and received the following zoning variances from the town
of North Andover Zoning Board of Appeals on 2/13/09 for construction of a commercial storage
building: Variance for relief of lot area (50,000 sq. ft. required); Variance for frontage (150 ft.
required); Variance for left side setback (20 ft. required);Variance for Floor Area Ratio (.50:1
required).The owner also received a modification of that ZBA Decision on 2/14/12 to allow a
change of use to Residential from Industrial use.
3) The deeds for 22-24 Main St. and 28-30 Main St. describe current gccess easements to the lot at
26 Main St, where the dwelling units Witr be constructed. That deed (referenced in this
document)allows for access to 26 Main St, over two existing driveways located at 22-24 Main
St.and 26-30 Main St.
4) The project provides for adequate facilities for vehicular access by utilizing an existing driveway
located on two parcels with frontage on Main St.The applicant submitted a traffic report,
authored by Dermot Kelly,which estimates that the 8-unit condominium would generate 46
2
26 Main St.
Map 28,Parcel 14
' Site Plan Special Permit-Muld-Family Dwelling Unit
vehicle trips per day,4 vehicle trips per hour during weekday morning peak hours and 4 vehicle
trips per hour during weekday evening peak hours.
5) The Fire Department has determined that the development provides adequate access for fire and
safety vehicles. The entryway provides 15 ft. of unobstructed travel way to access the structure
and also contains a total of 18 feet in front of the structure. These areas will be marked as"Fire
Lanes"and will be free of obstruction and maintained as such in perpetuity.
6) Based on input received from both the Planning Board and the Planning Board's consultant,the
applicant has provided sufficient stormwater management facilities to mitigate flow and to
provide treatment for storrnwater. The project will result in a decrease of impervious cover due
to the removal of the existing pavement and two out-buildings on the site. The stormwater
management system will include a 500 gallon drywell to treat roof runoff. Stormwater runoff
from the paved driveway area will discharge to a deep sump, hooded catchbasin and a
Stormceptor unit.
7) Finally the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Sections 8.3.5, and 18, but requires conditions
in order to be fully in compliance. The Planning Board hereby grants an approval to the
applicant provided the following conditions are met:
PERMIT DEFINITIONS and WAIVERS
1) The "Locus"or"Site" refers to the 24,776 sq. ft. parcel of land with zero frontage as shown on
Assessors Map 28,Parcel 14,and also known as 26 Main Street , North Andover,
Massachusetts.
2) The `Plans" refer to the plans prepared by Andover Consultants Inc., 1 East River Place,
Methuen, MA 01844, entitled "Site Plan "Pondview" 26 Main Street North Andover, Mass.",
dated January 19,2012,as most recently revised on May 10,2012,and June 7,2012
consisting of sheets 1 through 4
3) The "Project" refers to the construction of an 8-unit residential condominium dwelling
unit, on a lot with access to Main St. via an existing driveway which is located on two
lots with frontage on Main St., with parking spaces, associated landscaping, stormwater
management and installation of utilities. The project also includes the demolition of
existing out-buildings, in the hrdustrial S (I-S)and Downtown Overlay Zoning District.
4) The "Applicant" refers to Jeffco, Inc., PO Box 802, Andover, Ma 01810, the applicant for the
Special Permit, its successors and assigns.
5) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant,developer,and owner.
SPECIAL CONDITIONS
1) PRIOR TO ENDORSEMENT OF PLANS
A) The driveway located on 22-24 Main St.(Map 28,Parcel 12)and 28-30 Main St. (Map 28,Parcel
13) and the parking area in the front of the building, as well as all stormwater structures, will be
maintained by a Homeowner's Association, with the terms of ownership and maintenance to be
documented in the Bylaws for the HOA. Maintenance of the driveway and parking area will
3
26 Main St.
Map 28,Parcel 14
Site Plan Special Permit-Multi-Family Dwelling Unit
include installation and maintenance in perpetuity of all "No Parking" signs and "Fire Lane"
pavement markings.
B) A restriction will be placed on the deed for each unit with reference to ownership and
maintenance of driveways, parking areas and stormwater structures by the Homeowner's
Association.
C) Draft easement documents and Homeowner's Association Agreements must be submitted for
review by Town Counsel.
D) No outside storage or dumpsters are allowed. This condition will also be documented in the
Homeowner's Association bylaws.
E) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all North Andover Land Use Boards.
2) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION
A) Three(3)copies of the signed, recorded decision and the recorded plans must be delivered to the
Planning Department.
B) The applicant shall designate an independent Construction Monitor who shall be chosen in
consultation with the Planning Department staff. The Construction Monitor shall submit weekly
reports during the entire duration of the project and must be available upon four(4)hours notice
to inspect the site with the Planning Board staff.
C) A detailed wnstmction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
D) A bond in the amount of fifteen thousand dollars($15,000.00)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. This bond shall be in the form of
a check made out to the Town of North Andover. This check will then be deposited into an
interest bearing bond account.
E) All stormwater management best practices shall be maintained as specified in the Stornwater
Operations and Maintenance Plan that was submitted with the application.
F) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department. These measures must include erosion control to protect all existing and proposed
catch basins and oil traps on the site or on the streets adjacent to the project.
G) A pre-construction meeting must be held with the developer,their construction employces, Planning
Department and other applicable departments, to discuss scheduling of inspections to be conducted
on the project and the construction schedule.
3) DURING CONSTRUCTION
A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner,
throughout the construction process.
4
. 26 Main St.
Map 28,Parcel 14
Site Plan Special Permit-Multi-Family Dwelling Unit
B) Any stockpiling of materials (dirt, wood, concoction material, etc.) 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.
C) 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 ten days to care
said condition.
4) PRIOR TO A CERTIFICATE OF OCCUPANCY
A) The applicant must submit a letter from the architect and 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. Alternatively, the applicant and/or property
owner may provide a bond, determined by the Planning Board, to cover the full amount of the
landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to the use of the building.
B) All stormwater structures shall be cleaned, in accordance with the approved Storawater
Operation&Maintenance Plan.
5) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
B) A final as-built plan showing final topography,the location of all on-site utilities,structures,curb
cuts, parking spaces and drainage facilities, including invert elevations of all sto inwater
structures,must be submitted to the Planning Department.The as-built must be provided in paper
form as well as in SDF (Standard Digital File) formal. The as-built shall also provide a
calculation showing the increase or decrease in impervious area.
C) A recorded copy of all recorded deeds and Homeowner's Association documents must be filed with
the Planning Office.
D) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
6)GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
5
26 Main St.
Map 28,Parcel 14
Site Plan Special Permit-Multi-Family Dwelling Unit
C) The hours for construction shall he 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.
D) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
E) If a dumpster is required once the building is occupied, the owner shall apply to the Board of
Health for the appropriate permit. The location of the dumpster must be approved by the
Planning Office.
F) 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.
G) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
H) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
1) This Special Permit approval shall be deemed to have lapsed after June 19,2014(two years from
the date permit granted), 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 or for
good cause. For purposes of this development, the developer shall be deemed to have undertaken
substantial use or construction if the developer has begun any site grading or tree clearing.
J) The following information shall be deemed part of the decision:
Plan titled: Site Plan"Pondview"26 Main Street,North Andover,Ma 01845
Prepared for: Jeffco,Inc.
PO Box 802
Andover Ma 01810
Prepared by: Andover Consultants,Inc.
I East River Place
Methuen,MA 01844.
Scale: 1"=20'
Date: Dated January 19, 2012, last revised on May 10, 2012, sheets 2 through 4 and
Sheet 1 last revised on June 7,2012
Sheets: 1 through 4
Conceptual
Landscape Plan: Main Street North Andover,Massachusetts
Prepared by: Huntress Associates,Inc.
17 Tewksbury Street
Andover,MA 01810
Date: Jane 3,2012
Sheets: 1
6
26 Main St.
Map 28,Parcel 14
Site Plan Special Permit-Multi-Family Dwelling Unit
Stormwater Report: "Pondview"26 Main Street
Prepared By: Andover Cormorants,Inc.
1 East River Place
Methuen,Ma 01844
Dated: January 19,2012,last revised May 10,2012
Operations and Maintenaace PIan26 Main Street
North Andover,Me 01845 Revised May 10,2012
Traffic Report:26 Main Street
Ref: 824
Prepared by: Dermott J.Kelly Associates hic.,PE,PTOE
Dated: February 6,2012
Deed: Quit Claim Deed,recorded at the Northern Essex registry of Deeds,Book 9738,
Page 94,Grantor-Sutton Redevelopment,LLC,Grantee-Beak Away Realty
Trust
Date: August 30,2005
Proposed Architectural Plans:
Prepared by: Paul Davies&Associates,Architects, Inc.
Date: January 6,2012
Sheets: AI-A5, S-1-S-2
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
7
DOMENIC J.SCALISE
Attorney at Law FECEIVED
89 Main Street TC':'IICIrr,
North Andover,MA 01845
Telephone(978)6824153 2012 MAY 18 AM 9: 11
Fax(978)794-2088
Email djs@djscalise.com
U!k G
May 16,2012
Ms. Judith Tyman,Planner
Town of North Andover
Office of Planning Department
Community Development and Services Division
1600 Osgood Street, Bldg.20, Ste 2-36
North Andover,MA 01845
RE: Jeffeo,Inc.,site plan
24-26 Main Surd(rear)
North Andover,MA 01845
Dear Ms. Tyman:
Concerning the above captioned matter on May 2,2012,this office faxed you a Special
Pemut Request for a Continuance form,obtained from your office, in which I hand wrote a
request for a"continuance of the Public Hearing until June 5,2012 at 7:00 PM.
In the body of the form was an additional request for a continuance and wavier of time
constraint until 6-30-2012,which was not filled in by me,nor do I agree to it.
I will only agree to a waiver of time constraint until the Public Meeting of June 5,2012.
v yours,
Domem . Scalise
DJSlt
Encl:
CC: Jeffco, Inc.
Rear Lot, LLC
Town of Notch Andover I&
ZONING BOARD OF APPEALS RECEIVED c4fl
UU
Albert P.Manzi 111,Esq.Chairman TOWN CLERK'S OFFICE
Ellen P.McIntyre,Vice-Chalonaurn
Richard J.Byers,Esq.Clerk e
Richard M.Vailianceurt 1011FE827 AM11: 50
D.Paul Koch Jr. TOWN OF
Associate Mmars NQRTH ANDOVER
Michael P.Liporto A+Tyler Speck M $$ACHUSETTS
Twn Ci & 1 imo sump
This Is to certify that twenty(20)days
have elapsed from data of decision,filed
Notice of Decision: Year 2012 without filing of an appeal.
-0
"Request for Modification of a Prior Decision" Date �P.L/L to �Joyce A.Bradshaw
Pro ert ah 24 Main Street North Andover MA 01845 Town Gark
NAME: Rear Lot,LLC. EHEARING(S): December 9,2008,January 13,&
a 10,2009.ADDESS:24 Main Street North Andover,MA ION: 2009-014
01845
The North Andover Board of Appeals held a regular scheduled meeting at Town Hall, 120 Main Street,
North Andover, MA on Tuesday, February 14,2012 at 7:30 PM upon the application of Rear Lot LLC,
24 Main Street(Map 28, Parcel 14),North Andover,MA asking for a "Request for Modification of a
Prior Decision" granted by the North Andover Zoning Board Of Appeals on February 10"2009 and was
recorded at the Essex North Registry of Deeds Book on February 17,2009 11521 page 139.
The following voting members were present Ellen P.McIntyre, Richard J Byers, Richard M.
Vaillancourt,and D. Paul Koch Jr.,and Associate Members,Michael P Liporto and Tyler Speck.
Byers made a motion to Grant Modification of n Decision from February 13,2009,Petition 2008-2014,
to allow a change of use to a Residential use(Town Houses)rather than Industrial Use(storage
facilities). Byers referenced A Site Plan of"PondView",26 Main Street,North Andover Me,of existing
and proposed plans.
Site Plan was prepared by Andover Consultants inc., 1 East River Place,Methuen MA. Site plan dated
January 19,2012.
Vaillancourt second the motion.
All those in favor to Grant the Modification, Ellen McIntyre, Richard Byers, Richard Vaillancourt,
Michael P.Liporto and D. Paul Koch Jr.
5-0 ,/po, _ �
(�t�/N 1
Nortb Andover'LIFIllig Itloattl of Appeals
Ellen P.McIntyre,Acting Vice Chairman
Richard J. Byers,Esq.,Clerk
Richard M.Vaillancourt
D. Paul Koch Jr.
Michael Liporto
Tyler Speck
Decision 2009-014
Page 1 of I
Town of North Andover
ZONING BOARD OF APPEALS RECEIVED
Albert P.Manzi III,Esq.Chairman TOWN CLERK'S OFFICE
Ellen P.McIntyre,Ilce-Chairman
Richard J.Byers,Esq.Clerk e
2012FEB21 AM11 50
Richard M.Vaillancourt D.Paul Koch Jr. TOWN OF
Amocime Members NORTH ANDOVER
Michael P.Liposto MASSACNUSETFSTyler Speck
Town Ck,&T Story,
Notice of Decision:Year 2012
"Request for Modification of a Prior Decision'
Property at:24 Main Street North Andover MA 01845
NAME: Rear Lot,LLC. HEARING(S): December 9,2008,January 13,&
Februa 10 2009.
01945 S:24 Main Street North Andover,MA PETITION: 2009-014
OI845
The North Andover Board of Appeals held a regular scheduled meeting at Town Hall, 120 Main Street,
North Andover,MA on Tuesday,February 14,2012 at 7:30 PM upon the application of Rear Lot LLC,
24 Main Street(Map 28,Parcel 14),North Andover,MA asking for a "Request for Modification of a
Prior Decision" granted by the North Andover Zoning Board Of Appeals on February 101h 2009 and was
recorded at the Essex North Registry of Deeds Book on February 17,2009 11521 page 139.
The following voting members were present: Ellen P.McIntyre,Richard J Byers,Richard M.
Vaillancourt,and D.Paul Koch Jr.,and Associate Members,Michael P Liporto and Tyler Speck.
Byers made a motion to Grant Modification of a Decision from February 13,2009,Petition 2008-2014,
to allow a change of use to a Residential use(Town Houses)rather than Industrial Use(storage
facilities). Byers referenced A Site Plan of"Pon lView",26 Main Street,North Andover Ma,of existing
and proposed plans.
Site Plan was prepared by Andover Consultants Inc., 1 East River Place,Methuen MA. Site plan dated
January 19,2012.
Vaillancourt second the motion.
All those in favor to Grant the Modification,Ellen McIntyre,Richard Byers,Richard Vaillancourt,
Michael P.Liporto and D.Paul Koch Jr.
5-0 fQ
North And///over Z+iiik Boaffl of Appeals
Ellen P.Mchltyre,Acting Vice Chairman
Richard J.Byers,Esq.,Clerk
Richard M.Vaillancourt
D.Paul Koch Jr.
Michael Liporto
Tyler Speck
Decision 2009-014
Page 1 of l
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.Manzi III,Esq.Chairman
Ellen P.McIntyre,I7ce-Chairnmn „owrw
Richard J.Byers,Esq.Clerk a� ... .�+.0 2012 FEB
Richard M.Vaillancourt ;� ^_ • - oc 1 P 10� (f b
D.Paul Koch Jr.
u a
Associate Members
Michael P.Liporto '4�'•..., J•(. , ,". .;. .
Tyler Speck
Town CkrkT Star,
Notice of Decision:Year 2012
"Request for Modification of a Prior Decisions"
rope at:24 Main Street North Andover MA 01845
NAME: Rear Lot,LLC. HEARING(S): December 9,2008,January 13,&
February 10,2009,February 9,2010,and
February I4 2012
ADDRESS:24 Main Street North Andover,MA PETITION: 2009-014
01845
The North Andover Board of Appeals held a public hearing at Town Hall, 120 Main Street,North
Andover,MA on Tuesday,February 14,2012 at 7:30 PM upon the application of Rear Lot LLC,24
Main Street(Map 28,Parcel 14),North Andover,MA asking for a "Request for Modification of a
Prior Decision" granted by the North Andover Zoning Board Of Appeals on February 10a 2009 and was
recorded at the Essex North Registry of Deeds Book on February 17,2009 11521 page 139 .
The following voting members were present: Ellen P.Mchityre,Richard J Byers,Richard M.
Vaillancourt,and D.Paul Koch Jr.,and Associate Members,Michael P Liporto and Tyler Speck.
Byers made a motion to Grant Modification of a Decision from February 13,2009, Petition 2008-2014,
to allow a change of use to a Residential use(Town Houses)rather than Industrial Use(storage
facilities). Byers referenced A Site Plan of"PondView",26 Main Street,North Andover Ma,of existing
and proposed plans.
Site Plan was prepared by Andover Consultants Inc., 1 East River Place,Methuen MA. Site Plans dated
January 19,2012.
Vaillancourt second the motion.
All those in favor to Grant the Modification,Ellen McIntyre,Richard Byers,Richard Vaillancourt,
Michael P.Liporto and D.Paul Koch Jr.
5-0
4L
North Andover Z ning BodWd of Appeals
Ellen P.McIntyre,Acting Vice Chairman
Richard J.Byers,Esq.,Clerk
Richard M.Vaillancourt
D.Paul Koch Jr.
Michael Liporto
Tyler Speck
Decision 2009-014
Page 1 of 1
a♦ MORr:,ry
O
o v — _
' 12FEB -7 .ANTI: IS
��a1CNU3♦�
PLANNING DEPARTMENT
Community Development Division
Special Permit— Site Plan Review Application
Please type or print clearly.
1.Petitioner: Jefteo,Inc.
Petitioner's Address: PO Box 802,Andover MA 0 18 10
Telephone number: 978475-8075
2.Owners of the Land: Rear Lot,LLC.
Address: 24 Main Street North Andover,MA 01845
Number of years of ownership: 3.5
3.Year lot was created: 1946
4. Description of Proposed Project:
Construction of an 8-unit residential condominium project with 2 parking spaces per unit(one garage space and one exterior
driveway parking space)on a lot with access to Main Street via existing easements on two existing lots fronting on Main Street
At 22-24 and 28-30 Main Street and an existing curb cut at the noted lots.
5.Description of Premises: 24.776 SF parcel in Industrial S zoning district and Downtown Overlay
6.Address of Property Being Affected: 26 Main Street(rear of 22-24 and 28-30 Main Street)
Zoning District Industrial S
Assessors Map: 28 Lot If: 14
Registry of Deeds: Book#: 11232 Page#: 293
7.Existing Lot:
Lot Area(Sq. Ft): 24,776 Building Height: n/a
Street Frontage: 0 ft Side Setbacks: da
Front Setback: n7a Rear Setback: Na
Floor Area Ratio: Na Lot Coverage: da
8.Proposed Lot(if applicable):
Lot Area(Sq. Ft): 24,776 Building Height: 35 ft
Street Frontage: � Side Setbacks: 10 ft,40 ft
Front Setback: n7a Rear Setback: 57 ft
Floor Area Ratio: 0.527:1 Lot Coverage: 17.6%
Page 5 of 7
1600 Osgood Street,North Andover,BIdg30,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorfhandovef.com
9. Required Lot(as required by Zoning Bylaw): 55 ft
Lot Area(Sq. Ft): 50,000 Building Height:
Street Frontage: 150 it Side Setbacks: 20 ft
Front Setback: -ft Rear Setback: 30 ft
Floor Area Ratio: 0.5 : 1 Lot Coverage: 35/
10. Existing Building(if applicable):
Ground Floor(Sq.Ft.): #of Floors:
Total Sq.Ft.: Height:
Use: Type of Construction:
11. Proposed Building: 3
Ground Floor(Sq.Ft.): 4,352 #of Floors:
Total Sq.Ft. 13.056 Height: 35 ft
Use: Residential condominium Type of Construction:
12.Has there been a previous application for a Special Permit from the Planning Board on these premises?
unknown If so,when and for what type of construction?
13.Section of Zoning Bylaw that Special Permit Is Being
Requested Section 18 Downtown Overlay District
14. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every
application shall be fled with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application.The dated copy of this application received by the Town Clerk or Planning Office does
not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for fling and legal
notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and
Regulations may result in a di al by the Planning Board o lis application as incomplete.
Petitioner's Signature:
Print or type name here: �7>°0'_ 5,f �s
T�cus
Owner's Signature: V` QeSTi�tL?''LTfoD
Print or type name here:
15. Please list title of plans and documents you will be attaching to this application.
Site Plan,"Pori sheets 1,2,3 &4 of 4 dated January 19,2012
Landscape Plan prepared by Huntress Associates,Inc.
Storrnwater Report,prepared for Jeffco,Inc.dated Jamutary 19,2012
Page 6 of 7
1600 Osgood Street,North Andover,IlIdg.20,Suite 2.36 Planning Dept.,Massachusetts 01845
Phone 978.680.9535 Fox 978.688.9542 Web www townofnorthandover.(om
REAR LOT, LLC
24 Main Street
North Andover,MA 01845
January 25,2012
Dominic J. Scalise,Esquire
89 Main Street
North Andover,MA 01845
RE: Letter of Authorization for Permitting
Dear Attorney Scalise:
Pursuant to and in furhetance of the terms set forth within the Purchase and Sales
Agreement hereinafter("Agreement',this communication shall authorize your client Jeffco
Inc. to commence with site permitting with respect to Re Lot,LLC with the Town of
North Andover for any and all land use permits including but not limited to Planning,
Conservation,Zoning,and Budding.
Very truly yours,
Rear Lot,LLC
By its Manager
Albert P.Manzi III,Esquire
CC: Albert P. Manzi Jr.,Manager
DJKDermot J. Kelly Associates,Inc.
Traffic Engineenng/Transportation Planning
280 Main Street, Suite 204
North Reading, MA 01864-1300
978-664-2205
MEMORANDUM
TO: Mr. George Hughes FROM: Dermot J. Kelly, PE
JEFFCO, INC. DJK Associates, Inc.
P. O. Box 802 280 Main St., Ste. 204
Andover, MA 01810 North Reading, MA 01864
SUBJECT: 26 Main Street REF: 824
North Andover, MA
Traffic Impact Analysis
DATE: February 6, 2011
Proposal
DJK Associates, Inc. has conducted a Traffic Impact Analysis for the proposed construction of 8
Condominiums to be located at 26 Main Street east of the existing buildings located at 22-24
and 28-30 Main Street in North Andover, MA. A single standard 22-foot wide access driveway
is proposed to connect to the 22-24 and 28-30 Main Street parcels in the center of the project
parcel. The existing curb cut serving 22-24 and 28-30 Main Street parcels will be used a
Common Driveway to provide access/egress for the proposed of 8 Condominiums to be located
at 26 Main Street. As part of the proposed project two existing structures located on the lot will
demolished. The existing on site conditions and the proposed project are graphically shown on
the Existing Conditions Plan and the Site Plan prepared by Andover Consultants Inc. dated
January 19, 2012.
Vehicle-Trip Generation Study
Traffic volumes generated by residential developments normally follow well-established patterns
with respect to magnitude and temporal distribution. Measurements of numerous such
developments published by the Institute of Transportation Engineers (ITE) have established trip
generation rates, which have been standardized for analysis purposes. The rates at which
residential projects generate vehicle-trips depend on the type of residential project; i.e., single-
family units versus residential condominiums. Accordingly, the ITE Trip Generation Manual was
researched with the appropriate vehicle-trip generation characteristics applied to the proposed
project.
Based on the Institute of Transportation Engineers (ITE) trip generation rates, it is anticipated
that an 8-unit residential condominium development project would generate approximately 46
vehicle-trips per day (vpd). This daily volume would be split evenly with 23 vehicle-trips entering
and 23 vehicle-trips exiting the site over the course of the entire 24-hour day.
DJK Dem of J.Kelly Associates,Inc.
Traffic Engineering/Transportation Planning
Mr. Jeff Hughes
February 6, 2012
Page 2
More importantly, during the weekday morning peak hour, 8 residential condominium units
would generate a total of 4 vehicle-trips per hour with 1 vehicle-trip entering and 3 vehicle-trips
exiting the project site. Similarly, during the evening peak hour, it is anticipated that 4 vehicle-
trips would be generated. The 4 vehicle-trips would consist of 3 vehicle-trips entering and 1
vehicle-trip exiting the development during the peak 60-minute period. The remaining vehicle-
trips would occur over the course of the day.
Table 1 summarizes the peak-hour and daily project-generated traffic volumes for the proposed
8-unit residential condominium development project as well as the total projected traffic volumes
to be generated onto Main Street at the Common Driveway from both the existing structures
and the proposed project.
A total of 112 vpd would be generated by the existing structures and the proposed 8
Condominiums at the intersection of the Common Driveway with Main Street. During each of
the morning and evening peak hours, a total of 13 vph would be generated at the intersection of
the Common Driveway with Main Street.
924-Mem2.Ao ;116112
DJKDermot J. Kelly Associates,Inc.
Traffic EngineedngiTransportation Planning
Mr. Jeff Hughes
February 6, 2012
Page 3
TABLE 1
VEHICLE-TRIP GENERATION SUMMARY
6,076 SF of
6,076 SF of Office/Specialty
Time Period/ Office/Specialty 8 Condominium Retail Space Plus
Direction of Travel Retail Space a Units 6 8 Condominium
Weekday Morning
Peak Hour
Entering(vph)0 8 1 9
Exiting Nor) 1 2 4
Total(vph) 9 4 13
Weekday Evening
Peak Hour
Entering(vph) 2 3 5
Exiting(vph) 7 1 8
Total (vph) 9 4 13
Daily Traffic
Entering(vpd)d 33 23 56
Exitina(vpd) 33 22 56
Total (vpd) 66 46 112
a eased on the Instilute of Transppdatim Egineens(ITE) Trip Generafion, 8°i ECRion, 2008 Land Use Cod,#710 General OMce
Building
b Based on me Institute of Transportation Engineers (ITE) Trip GInsand14/1, a"' Editors. 2008 Land Use Code 1230 Residential
Condominium T.houae.
C vph=vehicle-trips per hour,
d vpd=vehicle-trips per day.
824-Mem2.doa;2/8112
DJK Dermot J.Kelly Associates, Inc.
Traffic Engineering/Transportation Planning
Mr. Jeff Hughes
February 6, 2012
Page 4
Mitigation Measures
The final phase of the analysis process is to identify the mitigation measures necessary to
minimize the traffic-related impacts of the project on the adjacent transportation system. The
proponent has committed to implement all mitigation measures listed below, assuming all
permits and approvals are obtained to construct the proposed project as well as all necessary
permits and approvals to implement such mitigation and the project proponent proceeding to
construction of the project.
o Installation of a Stop sign at the intersection of the Existing/Proposed Common Driveway
and Main is suggested to be considered.
o To enhance the overall sight distance at the intersection of the Existing/Proposed Common
Driveway with Main Street it is recommended that no roadside vegetation be planted within
five of the adjacent sidewalk.
A
f99I
824-Mem2.do";216112
PLAN REFERENCES
o Existing Conditions Plan prepared by Andover Consultants Inc. dated January
19, 2012.
o Site Plan prepared by Andover Consultants Inc. dated January 19, 2012.
820-Mem2 Eom 216112
Community Impact
"Pondview"
26 Main Street
North Andover,Massachusetts
The project proposes the construction of an eight unit condominium on a parcel of land behind
22-24 and 28-30 Main Street. The 24,776 square foot parcel off of Main Street is roughly located
between Saunders Street and Sutton Street and is within the Industrial S Zoning District,as are all
abutting properties,and is situated in the Downtown Overlay District. The project is submitted as
a residential use in the Overlay District. The project includes the demolition of two existing
wood frame garages and the removal of existing paved areas. Access to the parcel is via two
existing curb cuts on Main Street at 22-24 and 28-30,and access and utility easements through
the parcels along the side lines of each lot. The condominium structure will consist of 3 levels;a
lower level with garage,a first floor for living space and a second floor with two bedrooms. The
project will include a 22-foot wide access drive way and an individual driveway for one car
parking, in addition to the garaged parking space noted above. The project will connect to
existing water and sewer mains in Main Street through the existing access/utility easements.
The parcel also abuts Sutton Pond along its easterly boundary and a former Boston and Maine
railroad corridor along its northerly boundary. The railroad corridor is no longer in use,having
long since been abandoned. Remnants of the railroad bridge crossing Sutton Pond are still visible
in the pond as is a remnant of an associated timber wall near the northeast comer of the parcel
The proposed structure and use would be harmonious with the immediately abutting
business and residential properties in scale and height and would not, in our opinion,
adversely affect the neighborhood by creating a nuisance nor diminish adjacent property
values.
As noted above,the project will utilize existing curb cuts on Main Street. A traffic study
prepared by DJK Associates, Inc. determined that the condominium project will generate
4 vehicles per hour(vph) during the morning and the afternoon peak hour at the existing
curb cut. The 8-unit condominium project will also generate total daily traffic of 46
vehicles per day.
The structure would be serviced by town water and sewer utilities. A six inch water main
and 8 inch sewer will be constructed to service the project and connect to existing water
and sewer mains in Main Street. Approximately 1,800 gallons per day of water demand
and sewage is expected to be generated by the project.
Economic impacts would include an increase in the taxes collected by the town for the
additional eight residential uses. No additional public costs for snow removal will be
necessary as the project is on an existing street and snow removal will be performed
internally by a private condominium association contractor. Since the condo units have
only two bedrooms,the number of additional children that would enter the school system
is anticipated to be small, between 6 and 12 students.