HomeMy WebLinkAboutDecision - 1077 OSGOOD STREET 8/7/1990 run ►► u ► ►►u MIN
TOWN OF NORTH ANDOVER
M ASSACRUSETTS
of 40RTH
ti Pao r�
Any appeal be filed
within (20)dep after the
date of filing of this Notice NOTICE OF DECISION
in the Office of the Town
Clerk.
August 7, 1990
Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date of lieariilg .July . 1990. _ . .
Petition of . Angus.Realty Corporation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected 1o77.Osgood Street, • . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the . • • North Andover �Zoninq� Blaw. .Section 4.135 Para 5C .
. . . . "t. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the construction of�a,detention pond,within the Lake,Cochickewick
SO as t0 permit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Watershed District.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above elate, the Planning Board voted
Conditionally
to Approve. . . . . . . . .the .Special Permit. . . . . . . . . . . . . . . . . . .
• . . . .
based upon the following conditions :
CC: Di4ector of Public Works Signed
Board of Public Works J't,", S
Highway Surveyor . . . . . .
Building inspector
Board of Health John,Si „mons.,. Clerk . . . . . . . . . . . . .
Conservation Commission .
Assessors John Draper
Police Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire Chief Joseph Mahoney
Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Engineer Robert Ercolini
Interested Parties
/ �p1flluull�' 13oarci
ANGUS REALTY CORPORATION
1077 OSGOOD STREET
NORTH ANDOVER, MASS.
SPECIAL PERMIT FOR CONSTRUCTION OR
REGRADING WITHIN THE WATERSHED
PROTECTION DISTRICT.
ZONING BYLAW, SECTION 4.135
FINDINGS OF FACT:
The Planning Board makes the following findings regarding this
Special Permit as required by section 4 . 135 of the Zoning Bylaws:
1. The proposed use and site design for this lot are
appropriate, due to it's location in Town.
2 . Adequate vehicular and pedestrian access into the surrounding
site has been provided for.
3 . The applicant has met the requirements of the Town for a
Special Permit as stated in Section 4 . 135 of the Zoning
Bylaw.
4 . Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
5. This application for construction within the Watershed
Protection District, Section 4 . 135 of the North Andover
Zoning Bylaw,. was specifically granted for construction or
regrading within 250 ' of Lake Cochichewick. The applicant has
made every effort to minimize the impact of the new
construction on the Town' s water supply. The additional
drainage which is being directed toward this detention pond
will not have an adverse affect on the Town's drinking water
supply. All runoff from this proposed detention pond will be
piped outside of the Lake Cochichewick watershed and will be
properly mitigated before reaching the Merrimack River. The
Planning Board has herein issued their approval for
construction or regrading within the Watershed Protection
District with the condition that this lot be tied into the
existing sewer system.
The Planning Board finds under Section 4 . 135 of the Zoning Bylaw
that the proposed site plan generally complies with the Town
Bylaw requirements but requires conditions in order to be
completely in compliance with Town Bylaws.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions which
shall be submitted to the Board prior to signing the documents to
be filed with the North Essex Registry of Deeds.
SPECIAL CONDITIONS:
1. This decision shall be filed with the North Essex Registry
of Deeds. Included as part of this decision are the
following pl-ans: -
a. Plans entitled: SITE PLAN, PROPOSED BUTCHER BOY MALL
ANGUS REALTY CORP, 1077 OSGOOD STREET
NORTH ANDOVER, MA.
Pages Included: SC. C-1 through C-7.
Drawn By: M. Anthony Lally Associates
Dated: May, 1989
Plans entitled: FIRST FLOOR PLAN, ELEVATIONS, SCHEMATIC
PERSPECTIVES .
BUTCHER BOY
Pages Included: A-1, A-3 , A-4 .
Drawn By: Maclaren Associates, Inc.
Dated: 2/13/8.7, .2/13/`87, 2/2/88 (respectively)
All plans shall be on 24" x 36" sheets
Any changes made to these plans shall be approved by the
Town Planner. Any changes that the planner may deem as
substantial shall require approval by the Planning Board.
2 . All Planning Board Order of Conditions, issued herein, are
to be placed upon the recorded Final Plans, ( Cover Sheet )
prior to endorsement and filing with the Registry of Deeds.
3 . A final set of plans shall be drawn with regard to the
conditions contained herein. The Plans shall be submitted
to and approved by the Planning Board prior to endorsement
and filing with the North Essex Registry of Deeds.
4 . The Order of Conditions issued by the North Andover
Conservation Commission, Dated; July 21, 1989, Shall be
considered as part of this decision.
5. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
6. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
7. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
8 . No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
9. No underground fuel storage shall be installed except as
may be allowed by Town Regulations.
10 . Prior to a Certificate of Occupancy being issued for any
structures, this site shall have received all necessary
permits and approvals from the North Andover Board of
Health.
11. Prior to the Building Permit being issued for the structure
and again prior to occupancy of the structure, the
applicant shall receive a written determination from the
Conservation Administrator that all work being done under
. the jurisdiction of the Conservation Commission is being
satisfactorily performed and maintained.
12 . 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.
13 . The proposed 24" invert to the detention pond shown on the
above referenced plans shall have a grate or some other
form of a perforated cap which has been approved by the
Town Planner. This is to insure that larger material such
as stones, rocks and debris will not enter and clog the
pipe.
14 . A drainage easement from the Bordon Company to the
applicant shall be recorded with the Northern Essex
Registry of Deeds office prior to the applicant securing a
permit to build. A copy of this easement shall be supplied
to the Planning Board and included in the file. This
easement area shall be planted with appropriate material as
directed by the Town Planner.
15. The applicant shall properly maintain the proposed
detention pond. If the pond is found to have standing water
at a greater rate than has been presented to the board, or
is found in an unsightly condition, then the Planning Board
may require that additional wetland plants and vegetation
be provide at the owners expense.
16. The Conditions for settlement with regard to this property
which were issued by the applicant and the Town of North
Andover on May 1, 1990 shall be considered as part of this
decision.
cc; Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
/0
Of" 120 m6in street
OFFICES OF: 0 Town North Andover
BU—DING ORT HANDOVER Massachusetts 01845
! N
C6NSERVATION (508)682-6483
HEALTH $B4OMUSE4 DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
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OFFICES OF: Town of 120 Main Street
North Andover
BUILDING
NORTH ANDOVER Massachusetts 01845
CONSERVATION .'C.,." DIVISION OF (508)682-6483
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
o W 1 1'-;*z--t
ill Main Street
v a t e f 1
the Andove-- ll`lltan-n.inf�7 helU ;z
t h e TG' H el; t t-m.e'n s, "'I e e 1 n g c cx- u p c n
1, 0 C)2P "r"�n''l-V'u s e a l`�--y r Lp o Z-a lt 1' f--�in, l' �v 7 7 06 e, i"k,
A
U4 c,-u e s'z:. n,g a .13i c.1 a i -P e,r mi L t u n E,r 13 ec t J 2 3 P a
.D o-i the llndove-r Zonina- hv- law . IT F� e a -i n- -as
- n -1 - ,,, is) 0 az'n Cl a", i
Ci� - -L -L
North An,�love% -i�en on June 27 and Ju' v -
-'h E� 2,bF%
mei, .1-s we--
c f n t e `es w e r e d u 1 y n--t-i f-i e d. 7
el s i:f.'.i t ch-ai-rman, Geo.rqje Pe-rna, j.r . ., 12rich Nlitzscne anf�
7-
a orn e v f? the Boa--d ' ,z; -n—l-w�i't
e pet.L o n t��r s e a Sp e c I al e 0, fc,r e
(3 pon, with the -1 a k e. c c w c k W a t e .-.;:1e6, i
7 C, _)o S_Nei'c ri e-n
s"f f e C. e C,C! t- d fit. 1_
Z Zoning, Dis";--�lc*
u e -t'o the lack- of-- a cmoruin the Bo--L-cc c o u JL Ci o f"e 1- y
J.L
hearings .
ka z S,C le t' ad the e g,E,1 n c)t- c e c, op n ft
he g
V
r- C) ii 19901 . Thle rmo ion was se c o: lJo S.
r'
.e p.f
C Ul 0*.-U it 0 ne rL.li
-v c
a rile ing, on
t, nn,e c t-nCj o o,'i.. T'n e nm e n j w,' s
m a e. y M
e r Ec�- a r ox p . i,,
r el p e r '3 s a P'-
Ci o r;n D, a p o, c. as c 27
V1 C.;�
n
n 7 a
D- a. i e t C- 0'-,- --eS
p er r e a,d f0
m.,1'e'' of t h e P-` a n1 q ID r of E,u t v e ±Titilr e.'-! Y.
RobezV Erachini has been appointea by tne Town Eanagcf te LLL-,
the vacancy created by the resignation of E'ricn E:
apovintment is effeative immediately and wLLI uermiLare SePtamaeL''
we , lagm
Robert Ercolinn has been briefed on tne applications be2ore
toe Scard and files have been made availabLe to Aim for review.
Christian Huntress , Town Planner, weno over the application
beforz the Board. The detention pond is the issue . Drainag _
calculations have been reviewed by Bill Hmurcink irom the Division
at Public Works ,
Tony Lally, Lally EngineerB, presented the Board unth the
plans for the detention pond. The detention pond has been designed
to capture flows that would be in excess of raose which
occur in the area. Calculations presented were for storm events up
to aw including 100 year event. Run-oft will not he increased.
Christian Huntress asked Mr. Lally to show the Board the 250
fo3t line from the lake .
THe following question were raised:
1 . year storm event triggers use of tcIeten.t.�-on
Mr. Lally stated that there would, be vfatezr a-n t'ne
detention pond from a 10 year storm event.
2 . Where does the water no from the detention pond?
A pipe is to installed from the detenLion pond aK will
run down Clark Street to Borden Chemical , ultimately
draining into the Merrimack River.
31 How wculd the pond be maintained?
The area would be mowed occasionally to keep control ,
Chrlztian Huntress asked that a grate be place& at the end of
tze pl?e
li.agonese , an abutter, asked
across Route 125 . , Mr. Lally stated tnat the pipe vouit be three of
kwui teen aaep, sloping down . Mr. RagOne •e aSKeL abOU an eaSeMeN_
iron! DLrden Chemical . Tnomas Caffrey, a=crney foi toe applicant,
wini sapply Me Board with a copy of we casement.
A motion was made by john Draper to close the public hearing
on the Proposed Plan for the Eumner Boy Hall , Angus Realty Corp .
L'E89 . Revised Feoruary 2 , 1990 , and direct Muff to draO„
conditions. The movioE was seconded by Robert Encolin! and voze
-a
unanimcusly by those present.
t n en
0 1-a E,r
�,,j n e,,, a., c, R o
ap e o
'o ni
V Cl C
EM a r2
ask& c, n Dr&lp
V e di
c,
_n, S i a n T a n r.t e
4, n` o n a o v a p e C M.
Q U�
Y p•
Lr
-I'he f i 12 c,o n,Ol--,' t i o-s, are of - P,- e
Cc' d ori 1 3 on are new con di-c-ic"llis u___ C: T...
. t t.1 e ro,e n t
c,r c I::L t -1 c,n i Grcii a m e n de ei b y
; .4 - _- . - L_--- C
' i s f o u.n c]', o 'n a-,j e a, n w a.
the detention pond
11 b e r. n t
in un,�lqhtlly conditlan, a., t
Condition #17 was amended by adding;
t I'l a= --,'he a p p I ic ant w i 1 m a ill n t a i n tl-i e e s e m.e n p,Ie
,C o r,s e Ir-v a Commission on B o r d,e r., rhemlca i
I c.n, w made by Robert- ini that the Loarr_7` --rove
he respl.ect to the attachu
e`
s"a-enterit d—raf ted by staf t with t I
with mod—L-i —c— 0— s s,c Se lez t e :_" t n,t
�ini ng
Condit*ion #1� 5 and Cond.-*Lta.on #17 -'respal— u nt-
e nt "n r 6.e r, C h e itt.-L c al p e Z- 0-c)n s e ,,Tat.t.io rL I-, e-C', I., n�s a 0.
_.a s e m, w Bc t
ate
op-J be inserte J n C on dI.L-.L #16 , that dal-
e 111 q a V 1990' The motion was seconeledl
vat e-d', unan1w.c_=us-IlLy by those present.
s e Co P. t i o n s a-:--e a-t t a c h- :ii
is Di rect-or of Publ 1C Works
0 pu",3 11 c W 0 r ks
e€1