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HomeMy WebLinkAboutCorrespondence - 1077 OSGOOD STREET 3/21/2007 %AORT►l 01 EO O h � O.Q cocmiiw_y1' SS CHy PLANNING DEPARTMENT Community Development Division AGENDA ITEM #6 TO: Planning Board FROM: Lincoln Daley,Town Planner RE: Angus Realty Corporation Site Plan Special Permit and Watershed Special Permit to expand the parking facility by 67 parking spaces and related storm water management system located at the southwest corner of property known as 1077 Osgood Street,Assessor's Map 35,Parcel 27 DATE: 2 Review—June 18,2007 1"Review-April 30,2007 Proposal: The applicant,Angus Realty Corporation,is seeking a Site Plan Special Permit and Watershed Special Permit to expand the current parking facilities by 67 parking spaces, stormwater management system,and related grading and landscape work. The purpose of the parking lot expansion,according to the applicant,is to alleviate parking congestion during peak operating periods of the facility. Further,a portion of the southern property entrance will have to be shifted north to provide for additional area for the proposed parking layout, but curb cut and pavement within the right-of-way of Osgood Street would remain unchanged. The property consists of approximately 7.348 acres (320,080 s.£) and is in the General Business,Business 2, and Residential 1 Zoning Districts(the project area lies within the General Business Zoning District) and is within the Background: This is the 2nd public hearing for the Site Plan Special Permit and Watershed Special Permit applications. The application had been continued since May lst Public Hearing to allow the applicant to resolve drainage issues before the Conservation Commission.The application was received by the Town Clerk's office March 25,2007. The Town's outside consultant,VHB, submitted a second review for the project dated 6/14/07. As stated in their review,the applicant has addressed all previous comments and no additional review is required at this time.Please see attached VHB review for Watershed Special Permit and Site Plan Special Permit. Below please find my review of the following plans submitted to this Department: Plan titled: Butcher Boy Marketplace 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street, Suite 115 Danvers,MA 01923 Scale: 1"=40' and 1"=30' Date: April 2007,Revised 4/30/07, 5/24/07 Sheets: C1 —C7,El —E2,LTG Cale, and Ll Report titled: Responses to Comments Proposed Parking Lot Expansion 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street, Suite 115 Danvers,MA 01923 Date: May 25,2007\ Attachments: Figures Attachment 1 —Emergency Response Plan Attachment 2—Stormwater Analysis and Calculations Attachment 3—Inspection and Maintenance Plan WATERSHED SPECIAL PERMIT REVIEW SECTION 3 ZONING DISTRICTS AND BOUNDARIES The parcel of land is located within the Watershed Protection District of Lake Cochichewick and is located in a designated GB,132, and R-1 Districts. Although the project area lies within the GB Zoning District, the applicant will be required to revise the plans accordingly to include all relevant zoning districts. ADDRESSED SECTION 4.136 WATERSHED PROTECTION DISTRICT Section 2—Boundaries and Zones: The proposed activities are located within the 100-foot and 250-foot Non-Disturbance Zone and 325-foot Non-Discharge Zone associated with bordering vegetated wetlands and the Lake Cochichewick in the Watershed Protection District. The limit of work for the proposed 67- space parking lot is approximately 90 feet from the bordering vegetated wetland/Lake. The Non- Disturbance Zone associated with Lake Cochichewick is correctly labeled on the plan. However, the applicant should consider labeling setback to state Non-Disturbance Setback(Lake Cochichewick). The Non-Disturbance Zone associated with the delineated wetland resource area (Lake Cochichewick) is labeled 100' Wetland Setback. The Plans will need to be revised to change the 100' Wetland Setback line to 100'Non-Disturbance Setback(Wetland Resource Area). The Plans should be revised to include the 325 foot Non-Discharge Zone Setback. ADDRESSED Section 3—Uses and Building Requirements: In accordance with Section 4.136 (3)(c)(ii)(1)which states that any activities which cause a change in topography or grade& Section 4.136 (3)(c)(ii)(5)which states that any surface or sub-surface discharge,including but not limited to, storm water runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds requires a Watershed Special Permit. Section 4:—Special Permit Requirements: 4.136 (4)(c)(ii)(1) & (5). The proposed 67-space parking, stormwater management plan, and related grading and landscaping is allowed by special permit. 4.136 (4)(c)(iii). A statement was submitted by the applicant's engineer stating that the proposed project will not degrade the quality or quantity of water in or entering Lake Cochichewick as a result of this project. (See page 2 of the Watershed Special Permit Application) 4.136 (4)(c)(iv).The applicant has not submitted written or visual alternatives to locating the activities outside the Non-Disturbance Zone. The applicant's engineer states that the location of the proposed parking lot expansion is the only area of the site suitable for expansion of the parking lot. (See page 2 of the Watershed Special Permit Application) 4.136 (4)(c)(v).The project will not result in any industrial waster water treatment or disposal system or any wastewater treatment system of fifteen thousand gallons per day capacity. The applicant states that the proposed parking area will not result in an increase in waster water disposal or fertilizer application. The facility is located on the municipal sewer system. No increase in concentrations of nitrogen in groundwater will occur as a result of the project. 4.136 (4)(c)(vi&vii). The applicant has provided written documentation stating proposed activities will not create concentrations of nitrogen,phosphorous and other relevant chemicals on and off-site the property. The decision will continue the condition requiring a deed restriction for the use ofpesticides, fertilizers and chemicals on the site. Given the location of the parking area to the lake, the Planning Board should request that the applicant develop an Emergency Response Plan similar in nature to the plan created for the 1025 Osgood Street(Treadwell's)project currently being constructed. ADDRESSED.An Emergency Response Plan has been submitted as part of the Report "Responses to Comments,Proposed Parking Lot Expansion"dated May 25, 2007. Said Plan has been reviewed by the Town's outside consultant and Town Planner. VHB states the following: "VHB has reviewed the Applicant's Emergency Response Plan. It appears to be a comprehensive document that provides guidance to employees of Butcher Boy Marketplace in the event of an oil or hazardous material discharge on the property of Butcher Boy marketplace. Based on our review of the plan, any potential spill within the expanded parizing lot area would be captured by the proposed drainage system which drains into a closed drainage system away f•om the Lalze." Upon review of the document,I would concur with VHB's comments. 4.136(4)(g).The Bylaw requires that any runoff from impervious areas within the Non-Disturbance Zone to the extent possible shall be recharged on site and diverted toward areas covered with vegetation for surface infiltration. In accordance with the DEP Stormwater Manual Volume I, Page 1-27 infiltration is restricted within a Zone A of a reservoir. The proposed parking area is located within this Zone A, therefore infiltration has not been proposed. All of the surface runoff is directed into a closed drain system, which flows across Osgood Street, and into the Clarke Street drainage system. The stormwater management plan was designed so as to direct all stormwater runoff away from the lake and into the Merrimack River. (Please refer to pages 2-4 of the Watershed Special Permit Application) SECTION 7 DIMENSIONAL REQUIREMENTS Section 7.1-Lot Area: The primary plaza structure and parking lot lie within the GB Zoning District is with a total area of approximately 320,080 square feet with 679 feet of frontage. The parcel meets the minimum lot area requirement of 25,000 square feet or as shown in Table 2 of the North Andover Zoning Bylaws. Section 7.3- Setbacks: Proposed structure meets the required yard setbacks of 25-foot front and side setbacks and 35-foot rear setback as stated in Table 2 of the Zoning Bylaw. Section 7.4—Building Heights: NA SITE PLAN SPECIAL PERMIT REVIEW i. NORTH ARROW/LOCATION MAP: This has been provided on the plan. ii. SURVEY OF LOT/PARCEL: The parcel area is displayed on the plan, Sheet C-1.Although the boundary survey has been submitted, it is recommended that the Applicant submit a surveyed plot plan signed/stamped from a Licensed P.L.S. and not by the Applicant's engineer. Not Addressed. iii. NAME/DECRIPTION OF PROJECT: This has been provided in the title block of the plan labeled "Butcher Boy Marketplace, 1077 Osgood Street, North Andover, MA", and a review of the project is described within the Site Plan application narrative. (See attached Application received 3/26/07). iv. EASEMENTS/LEGAL CONDITIONS: No easements shown. The applicant should verify if any easements exist on the property. Partially Addressed. One easement is shown in the southern portion of the property. It is assumed that easement shown is a utility easement,but should be clarified by the applicant. V. TOPOGRAPHY: This has been provided on the site plan at one-foot intervals. vi. ZONING INFORMATION: A zoning chart has been included on the Plans submitted located on C4. 1. The application indicates that the site is located within the General Business (GB) zoning district. However, the Plot Plan (sheet C-1) indicates multiple zoning districts. The Applicant should review and correct zoning district labeling, as it appears to be mislabeled. ADDRESSED—Refer to Responses to Comments Report,#1 and#5,pages 1 and 2 respectively. Vii. STORMWATER DRAINAGE: Stormwater from the proposed additional pavement, as well as paved areas formerly routed into C1353,will not be routed into two new catch basins (PCB#2 and PCB#3). These catch basins will convey runoff into a subsurface stormwater detention system (Pond 100) made up of a network of 24" HDPE pipes. This syste is designed to detain the first 0.5" of stormwater runoff volume from the contributing impervious area(1,320 CF of runoff). It will also temporarily detain the stormwater runoff, while a concrete outlet control structure built into PDMH#1 will allow stormwater to pass into the existing system at controlled rate. This rate will match the existing flows from CB#53, thereby having no effect on the total rate of runoff from the site for the 1-year, 10-year, and 100-year 24-hour storm events. For the purposes of the drainage study, only the flow that enters the pipe connected to CB53 was analyzed, since this was the only portion of the existing system that will be affected by the proposed design. The applicant states that the stormwater system has been designed to remove 82.75% of the Total Suspended Solids (TSS). VHB reviewed the stormwater management plan and provided the following comments: 1. The existing conditions plan shows various sizes of existing drainage pipe,ranging from 15- inch to 24-inch diameter, on the existing site. The proposed drainage layout shows a proposed 24-inch pipe connecting to an existing 15-inch pipe via a drain manhole. The Applicant may wish to upgrade this existing 15-inch pipe to a 24-inch pipe. A similar situation exists at the main site drive and across Osgood Street(i.e. 24-inch pipes connecting to 15-inch pipes). Does the site experience any flooding issues? At a minimum,the Applicant should verify that the existing pipe system has sufficient capacity to handle any additional volume of water generated from the expanded parking lot. ADDRESSED—Refer to Response to Comments Report,#6,page 2 of 7. 2. The Applicant should provide supporting documentation for the TSS removal Rate of 77% for the proposed stormceptor. ADDRESSED—Refer to Response to Comments Report,#6,page 2 of 7. viii. BUILDING LOCATION:NA ix. BUILDING ELEVATION:NA X. LOCATION OF PARKING/WALKWAYS: The site currently contains 158 parking spaces which satisfies Section 8. Off Street Parking. VHB has reviewed the plans and provided the following comments: 1. VHB would expect that additional handicap spaces would be proposed given that the total number of parking spaces has increased. The Applicant should confirm,based on ADA criteria,that the number of handicap spaces is adequate. ADDRESSED—Refer to Response to Comments Report,#7,page 3 of 7. 2. Assuming that additional handicap spaces are required,the Applicant should clearly locate these spaces. If these spaces are to be located within the proposed parking lot expansion,the Applicant should ensure that an accessible path is provided connecting the spaces to the building. As an alternative, existing parking spaces could be converted to handicap spaces. ADDRESSED—Refer to Response to Comments Report,#7,page 4 of 7. xi. LOCATION OF WETLANDS/NOTICE OF INTENT: The site plan states that wetlands exist within 100' of the project. As such, the applicant will be required to file with the Conservation Commission for a Notice of Intent. xii. LOCATION OF WALLS/SIGNS: NA xiii. LOCATION OF ROADWAYS/DRIVES: Access to the site will be fi°om existing curb cut off of Great Pond Road. VHB has reviewed the plans and provided the following comments: 1. Passenger cars can easily maneuver the parking lot expansion. Single unit vehicles(snow plow, small fire truck,ambulance)can also maneuver the parking lot expansion with some minor encroachment onto opposing travel lanes. Vehicles larger that a single unit vehicle will have difficulty negotiating the proposed parking lot. ADDRESSED—Refer to Response to Comments Report,#10,page 4 of 7. 2. VHB assumes that the reconfigured, northwesterly site drive is one-way into the site. The Applicant should confirm. Also,the Applicant should consider a"one-way"sign in addition to the signing(Do Not Enter)already proposed. ADDRESSED—Refer to Response to Comments Report,#10,page 4 of 7. xiv. OUTDOOR STORAGE/DISPLAY AREAS: There is no outdoor storage being proposed. xv. LANDSCAPING PLAN: The proposal calls for relocating the existing planting and shrubberies from the their existing locations throughout the perimeter of the new parking lot.Does the Applicant intend to plant any new trees or shrubs? More detail is required to explain which plantings are to be relocated. The applicant should seriously consider adding to the existing landscape plan to provide a visual buffer to the expansion of the impervious area ("Sea of Parking'). Partially Addressed.Refer to Response to Comments Report,#11,page 4 of 7. The applicant should revise the landscaping plan(labeled L-1)to include the type,caliper(if applicable),and total number of each planting. Further,the additional parking area affords the opportunity to maximize natural screening along the southern perimeter that will not only enhance the appearance of the site, but also provide a visual buffer to the additional impervious surface. It is recommended that the applicant include additional tree plantings(1 per 301)along the southern perimeter. xvi. REFUSE AREAS: NA xvii. LIGHTING FACILITIES: The proposal calls for the addition of 9 lights located along the perimeter of the new parking area. The light poles will be approximately 27 feet in height and are essentially a continuation of the existing style and type of light that currently exists on site. The Applicant should verify that the additional lighting has no impact on adjacent properties. ADDRESSED—Refer to Response to Comments Report,#12,page 5 of 7 and Sheet LTG CALL. xviii. DRAINAGE BASIN STUDY: Please refer to Stormwater Analysis and Calculations section of the application. xix. TRAFFIC IMPACT STUDY: The Applicant states that no impacts are expected to existing traffic. Given the relatively small size of this expansion, this appears to be a reasonable statement. xx. EROSION CONTROLS: The applicant proposes to erect a single line of silt fence with haybales surrounding the limit of work. The applicant should verify with the Conservation Department if the erosion control measures proposed are in fact satisfactory. ADDRESSED—All proposed erosion control measures have been reviewed and approved by the Conservation Commission. The Conservation Commission closed the public hearing for the application on June 13,2007. xxi. COMMONWEALTH REVIEW: No reports filed with any State Agency in support of this project.Applicant is asking for a waiver. xxii. UTILITIES: The site will be serviced by municipal services. xxiii. FISCAL IMPACT: No fiscal impact study has been completed. Applicant is asking for a waiver. xxiv. COMMUNITY IMPACT: No community impact study has been completed. Applicant is asking for a waiver. GENERAL COMMENTS: 1. Stormwater Management and Best Management Practices: The proposal includes an Inspection and Maintenance Plan that takes into account Storm Drain Inlet Protection, Surface Stabilization, Inspection and Maintenance of Stormceptor Units, and Long-Term Inspection and Maintenance Measures Post Construction. Planning Staff has reviewed the plan and determines that more information is needed and will work with the applicant. ADDRESSED—Refer to Response to Comments Report,Attachment No. 1—Emergency Response Plan and Attachment No.—Inspection and Maintenance Plan. Both documents have been reviewed and approved by VHB and the Planning Department. 2. Storage Trailers Onsite: The applicant is currently storing their products within two trailers located behind the main building. Upon a request from Chairman Nardella, I examined the past decisions involving the site and there was no reference or condition allowing the outside storage of supplies and products. The Planning Board should inquire what measures are being taken by applicant eliminate these storage trailers. Partially Addressed-Refer to Response to Comments Report,#13,page 5 of 7. The legal status of the trailers is currently the subject of a pending lawsuit between an abutter,the Town,and the applicant. The applicant is currently evaluating the conversion of retail space within the building to storage pace to provide additional refrigerated/non-refrigerated storage for the Butcher Boy Market. It is my understanding that a conceptual rendering has been submitted to the Health Department for initial comments.The applicant should apprise the Planning Board of the status of the lawsuit and conceptual plan for the internal expansion. RECOMMENDATIONS: The majority of issues raised by Planning Staff and VHB have been addressed. Depending upon the outcome of the Public Hearing,Planning Staff would recommend tabling the application to the July 17, 2007 meeting to allow the applicant to revise the plans. cc . P15 TOWN OF NORTH ANDOVER PLANNING BOARD ENGINEERING REVIEW OF SITE PLAN AND WATERSHED SPECIAL PERMIT FOR CONFORMANCE WITH THE TOWN OF NORTH ANDOVER ZONING BYLAW Site Plan Title: Butcher Boy Marketplace VHB No.: 09280.32 Site Plan Location: Osgood Street/Great Pond Road,North Andover,MA Applicant: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA Applicant's Engineer: Lynnfield Engineering, 199 Newbury Street,Danvers,MA 01923 Plan Date: March 21,2007 Review Date: 04-14-07 2"d Review: 06-14-07 The plan was reviewed for conformance to the 1972 Town of North Andover Zoning Bylaw(last amended July 10, 2006). The Applicant has submitted the following information for VHB's review: • Response to comment letter dated May 25,2007 • Emcrgcnc�;Rcsponse PIcx.dated May 24 2007 • Stormwater Analysis and Calculations with revision date of May 18, 2007 • Inspection and Maintenance Plan with revision date of May 24,2007 VHB has reviewed the Applicant's responses to our original comments. The Applicant has addressed our previous comments and no additional review is required at this time. See below for additional details. Town of North Andover Zoning Bylaw 1. The application indicates that the site is located within the General Business(GB)zoning district. However,the Plot Plan(sheet(2-1)Indicates multiple zoning distiit.tS. The Applicant should review. and correct zoning district labeling as it appears to be mislabeled. Comment Addressed. 2. The Applicant states that the reason for the parking lot expansion is to alleviate congestion during peak operating periods of the facility. Is the current parking supply in conformance with current zoning requirements for this type of facility? Comment Addressed. 3. (4.136.3.c)The proposed parking lot expansion is located within the Non-Disturbance Buffer Zone. (no action required) No response provided or required. 4. (4.136.3.c.ii)The proposed parking lot expansion is allowed by special permit. No response provided or required. 5. (4.136 11.c.fi) Tlie Apphcaui should clearly°show and label the rio disturbance and nor discharge buffer zones on all plans. Comment Addressed. 1 \C:\Documents and piles\OLK2\092$033Butche,Boyaevieav2.doc 6. (4.136.4.c.iv) The Applicant has stated that there is no reasonable alternative location for the proposed parking lot expansion outside the non-disturbance buffer zone because there is no other area of the site suitable for the expansion. No response provided. VHB assumes that the Applicant has discussed alternative locations,or lack thereof,with the Planning Board. No additional engineering review is anticipated. 7. (8.3.5.e.xix) The Applicant states that no impacts are expected to existing traffic. Given the relatively small size of this expansion,this appears to be a reasonable statement. No response provided. VHB assumes that the Applicant has discussed traffic impacts,or lack thereof,with the Planning Board. No additional engineering review is anticipated. 8. (8.3.5.e.xx) Osgood Street is state highway. The Applicant should verify that an access permit from MassHighway is not required. Comment Addressed. General Site Plan/Drainage Comments 9. VHB would expect that additional handicap spaces would be proposed given that the total number of parking spaces has increased. The Applicant should confirm,based on ADA criteria,that the number of handicap spaces is adequate. Comment Addressed. 10. Assuming that additional handicap spaces are required,the Applicant should clearly locate these spaces. If these spaces are to be located within the proposed parking lot expansion,the Applicant should ensure that an accessible path is provided connecting the spaces to the building. As an alternative,existing parking spaces could be converted to handicap spaces. Comment Addressed. No new handicap spaces are proposed within the parking lot expansion, however additional handicap spaces are provided close to the main entrance of the building. 11. Passenger cars can easily maneuver the parking lot expansion. Single unit vehicles(snow plow, small fire truck,ambulance)can also maneuver the parking lot expansion with some minor encroachment onto opposing travel lanes. Vehicles larger that a single unit vehicle will have difficulty negotiating the proposed parking lot. Comment Addressed. 12. VHB assumes that the reconfigured,northwesterly site drive is one-way into the site. The Applicant should confirm. Also,the Applicant should consider a"one-way" sign in addition to the signing(Do Not Enter)already proposed. Comment Addressed. 13. The landscaping plans seem to indicate that all planting will be relocated plantings. Does the Applicant intend to plant any new trees or shrubs? Comment Addressed. 14. The proposed parking lot expansion includes site lighting. The Applicant should verify that the additional lighting has no impact on adjacent properties. Comment Addressed. 2 \u\Documents and Settings\mippolit\Local Settings\Temporary Internet Piles\OLK2\0928033-ButcherBoy-review2.doe 15. The existing conditions plan shows various sizes of existing drainage pipe,ranging from 15-inch to 24-inch diameter,on the existing site. The proposed drainage layout shows a proposed 24-inch pipe connecting to an existing 15-inch pipe via a drain manhole. The Applicant may wish to upgrade this existing 15-inch pipe to a 24-inch pipe. A similar situation exists at the main site drive and across Osgood Street(i.e.24-inch pipes connecting to 15-inch pipes). Does the site experience any flooding issues? At a minimum,the Applicant should verify that the existing pipe system has sufficient capacity to handle any additional volume of water generated from the expanded parking lot. Comment Addressed. 16. The Applicant should provide supporting documentation for the TSS removal Rate of 77%for the proposed stormceptor. Comment Addressed. Emergency Response Plan 17. VHB has reviewed the Applicant's Emergency Response Plan. It appears to be a comprehensive document that provides guidance to employees of Butcher Boy Marketplace in the event of an oil or hazardous material discharge on the property of Butcher Boy marketplace. Based on our review of the plan,any potential spill within the expanded parking lot area would be captured by the proposed drainage system which drains into a closed drainage system away from the Lake. 3 \C:\Documents and Settings\mippolit\Local Settings\Temporary Internet Fde\OLK2\0928033-ButcherBoy-review2.dm %AORTi4 .00-10 'I°, - `- r Laws JBoad "Ip 4G4 W.14.4.. I•ru• Board acw�u II North Andover �n, PLANNING DEPARTMENT orating Community Development Division Ag rids fl: Agenda Item#1 TO: Planning Board FROM: Lincoln Daley,Town Planner RE: Angus Realty Corporation, 1077 Osgood Street-Waiver of Site Plan Review and Watershed Special Permit to construct an 800 square foot accessory cold storage addition. DATE: February 15,2008 Angus Realty Corporation is before the Planning Board to request a Waiver of Site Plan Review and Watershed Protection District Special Permit to construct an 800 square foot accessory cold storage addition. The applicant states that the purpose of the request is to alleviate ongoing storage space inadequacies at Butcher Boy Market. The location of the detached storage space is located on the easterly side of the existing building and lies approximately sixty-five(65)feet from the closet property line. The cooler would sit on a concrete pad and be constructed of insulated galvanized steel panels with an aluminum cove base. The floor would be coated with Stonclad UT installed by Stonhard Floor Systems. The cooler would have an insulated rubber membrane roof with a slanted rubber membrane shed roof over the entire cooler area. The refrigeration units would be located on the roof of the existing Butcher Boy Market building. The cooler would be situated three(3)feet from the existing building to allow for access to the fire apparatus and The proposed use does not have a significant impact both within the site and in relation to adjacent properties and streets, on pedestrian and vehicular traffic,public services or infrastructure, environmental,unique and historic resources, or on abutting properties. The proposed use does not expand the existing footprint and does not disturb existing topography. The proposed cooler is less than two-thousand(2000)square feet of gross floor area and does not require five(5)or more parking spaces. Town Staff and Officials have been working with Angus Realty Corporation Section 8.3.8 Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of arty parking area(s), signs, storage or accessory buildings,provided that no Town Bylaws are violated by the change; ii) The change in the proposed landscapingplan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fox 978.6889542 Web www.townotnortliandover.com b) The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the ope, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. c) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting, Article 20) 4.136.8. Waiver of Watershed Protection District Special Permit 1) When any construction proposed on an existing structure within the Watershed Protection District will not expand the existing footprint of a structure, and will not disturb existing topography, and is a proposal on town sewer, the Planning Board may determine, without a public hearing, that submission of a watershed protection district special permit is not required. However, in orderto obtain such a waiver, an applicant must schedule and agree in writing for the Town Planner to perform a minimum of two inspections during the construction process to ensure proper erosion control is established during construction; the applicant must also agree in writing that the Town Planner can stop construction if the proper erosion control is not in place. For all proposals on septic, this section will not apply, and all applicants should refer to Sections 4.13 6(3)(a)(b)(c) and(d) of the Town of No rth Andover Zoning Bylaw. 2) The applicant must request a waiver from obtaining a Watershed Protection District SpecialPermit in writing and may be required to submit supporting documentation, including, but not limited to, proposed plans and correspondence depicting the proposal. The waiver request will be discussed at a regular meeting of the Planning Board. (Section 4.136 rewritten and reorganized at the May 1, 1995 Annual Town Meeting, Article 38) 4.137 Flood Plain District(1993139) 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.roin � � � � � tkORTil IV PLANNING DEPARTMENT [V00UDhv Development Division Agenda Item# 7[O: Planning Board FROM: Lincoln Daley, Town Planner f0E; Angus Realty Corporation, l077 Osgood Street-Waiver of Site Plan Review and Watershed Special Permit to construct on8OO square foot accessory cold storage addition. DATE: February )5`3U08 Angus Realty Corporation is before the Planning Board to request a Waiver of Site Plan Review and Watershed Protection District Special Permit to construct an 800 square foot accessory cold storage addition. The applicant states that the purpose of the request is to alleviate ongoing storage space inadequacies ut Butcher Boy Market. The location of the detached storage space is located on the easterly side of the existing building and lies approximately sixty-five(65) feet from the closet property Uoo. The freezer structure would sit on a � concrete pad and be constructed of insulated galvanized steel panels with an aluminum cove base. The floor would be coated with Stonclad UT installed by Stonhard Floor Systems. The freezer structure would have an insulated rubber membrane roof with a slanted rubber membrane shed roof over the entire cooler area. The refrigeration units used to cool the space would be located on the roof of the existing Butcher Boy Market building. The freezer structure would bo situated three(J)feet from the existing building to allow for access to the fire apparatus located on the current structure. The purpose of the structure is to provide sufficient freezer space for their product and reduce the need for outside storage. The proposed use does not have a significant impact both within the site and in relation to adjacent properties, streets, on pedestrian and vehicular traffic,public services or infrastructure, environmental, unique and historic resources. The proposed use does not disturb existing topography as the area is already paved. Further,the proposed structure is less than two thousand (2000) square feet of gross floor area and does not require five(5)nr more parking spaces. The Bylaw is specific in describing the when e000dd5cu1iou(revision to an approved site plan and watershed special permit) ioappropriate. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com � � Section 8.3.8 Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town Bylaws are violated by the change; ii) The change in the proposed landscaping plan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b) The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do notfall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. c) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting,Article 20) 4.136.8. Waiver of Watershed Protection District Special Permit 1) When any construction proposed on an existing structure within the Watershed Protection District will not expand the existing footprint of a structure, and will not disturb existing topography, and is a proposal on town sewer, the Planning Board may determine, without a public hearing, that submission of a watershed protection district special permit is not required. However, in order to obtain such a waiver, an applicant must schedule and agree in writing for the Town Planner to perform a minimum of two inspections during the construction process to ensure proper erosion control is established during construction; the applicant must also agree in writing that the Town Planner can stop construction if the proper erosion control is not in place. For all proposals on septic, this section will not apply, and all applicants should refer to Sections 4.136(3)(a)(b)(c) and(d) of the Town of North Andover Zoning Bylaw. 2) The applicant must request a waiver from obtaining a Watershed Protection District Special Permit in writing and may be required to submit supporting documentation, including, but not limited to,proposed plans and correspondence depicting the proposal. The waiver request will be discussed at a regular meeting of the Planning Board. (Section 4.136 rewritten and reorganized at the May 1, 1995 Annual Town Meeting, Article 38) 4.137 Flood Plain District(1993139) Recommendation: The proposal seemingly falls in line with the requirements of Section 8.3.8 Revisions to Approved Site Plan (a). In my opinion,the applicant would not qualify for a Waiver of the Watershed Special Permit as the proposal, although not technically connected to the existing building, could be view as an expansion to the existing foot print. Further,the Fire Department will be required to provide a determination if the 3 foot separation between the proposed structure and existing building provides ample access and meets all State Building and Fire Codes. The space between the two structures presents serious danger and access issues during the winter season due to snow and ice buildup. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com As the Board is aware, Town Staff and Officials have been working with Angus Realty Corporation for approximately 1.5 years on the issue of outside storage and the use of trailers. Although this represents a first step in resolving onsite storage issues,the Planning Board should question if further expansion to the current building will be necessary and/or what alternative measures are planned for the site(ie.permanent storage units)to sufficiently hand future storage of goods and products. If the applicant can demonstrate that the proposal will satisfy their storage deficiencies for the foreseeable future,the Board may consider granting the waiver request of Site Plan Review. However, if the proposal is viewed as a stopgap measure for future incremental expansion,the applicant should consider filing a modification. i ..................: 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Cc : PO TOWN OF NORTH ANDOVER PLANNING BOARD ENGINEERING REVIEW OF SITE PLAN AND WATERSHED SPECIAL PERMIT FOR CONFORMANCE WITH THE TOWN OF NORTH ANDOVER ZONING BYLAW Site Plan Title: Butcher Boy Marketplace VHB No.: 09280.32 Site Plan Location: Osgood Street/Great Pond Road,North Andover,MA Applicant: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA Applicant's Engineer: Lynnfield Engineering, 199 Newbury Street,Danvers,MA 01923 Plan Date: March 21,2007 Review Date: 04-14-07 2"d Review: 06-14-07 The plan was reviewed for conformance to the 1972'Town of North Andover Zoning Bylaw(last amended July 10, 2006). The Applicant has submitted the following information for VHB's review: • Response to comment letter dated May 25,2007 • Emergency Rcsponsc Pl.,n dated May 24,2007 • Stormwater Analysis and Calculations with revision date of May 18, 2007 • Inspection and Maintenance Plan with revision date of May 24,2007 VHB has reviewed the Applicant's responses to our original comments. The Applicant has addressed our previous comments and no additional review is required at this time. See below for additional details. Town of North Andover Zonine Bylaw 1. The application indicates that the site is located within the General Business(GB)zoning district. However,the Plot Plan(sheet -1)indicates multiple zoning districts. The Applicant should review and correct zoning district labeling as it appears to be mislabeled. Comment Addressed. 2. The Applicant states that the reason for the parking lot expansion is to alleviate congestion during peak operating perit;Us of t11e facility. is tsie C'iuicnt parking supply iri Ct;itfdrimaiiCc with Current zoning requirements for this type of facility? Comment Addressed. 3. (4.136.3.c)The proposed parking lot expansion is located within the Non-Disturbance Buffer Zone. (no action required) No response provided or required. 4. (4.136.3.c.ii)The proposed parking lot expansion is allowed by special permit. No response provided or required. 5. (4.136.A. 1 The Applicant should clearly show and label.the non-disturbance and non-discharge buffer zones on all plans. Comment Addressed. 1 \L:\Documents and Settings\mippolit\Local Settings\Temporary Internet Files\OLK2\0928(nO ButcherBoy-review2.doe 6. (4.136.4.c.iv) The Applicant has stated that there is no reasonable alternative location for the proposed parking lot expansion outside the non-disturbance buffer zone because there is no other area of the site suitable for the expansion. No response provided. VHB assumes that the Applicant has discussed alternative locations,or lack thereof,with the Planning Board. No additional engineering review is anticipated. 7. (8.3.5.e.xix) The Applicant states that no impacts are expected to existing traffic. Given the relatively small size of this expansion,this appears to be a reasonable statement. No response provided. VHB assumes that the Applicant has discussed traffic impacts,or lack thereof,with the Planning Board. No additional engineering review is anticipated. 8. (8.3.5.e.xx) Osgood Street is state highway. The Applicant should verify that an access permit from MassHighway is not required. Comment Addressed. General Site Plan /Drainage Comments 9. VHB would expect that additional handicap spaces would be proposed given that the total number of parking spaces has increased. The Applicant should confirm,based on ADA criteria,that the number of handicap spaces is adequate. Comment Addressed. 10. Assuming that additional handicap spaces are required,the Applicant should clearly locate these spaces. If these spaces are to be located within the proposed parking lot expansion,the Applicant should ensure that an accessible path is provided connecting the spaces to the building. As an alternative,existing parking spaces could be converted to handicap spaces. Comment Addressed, No new handicap spaces are proposed within the parking lot expansion; however additional handicap spaces are provided close to the main entrance of the building. 11. Passenger cars can easily maneuver the parking lot expansion. Single unit vehicles(snow plow, small fire track,ambulance)can also ntarreuver the parking lot expansion with some minor encroachment onto opposing travel lanes. Vehicles larger that a single unit vehicle will have difficulty negotiating the proposed parking lot. Comment Addressed. 12. VHB assumes that the reconfigured,northwesterly site drive is one-way into the site. The Applicant should confirm. Also,the Applicant should consider a"one-way" sign in addition to the signing(Do Not Enter)already proposed. Comment Addressed. 11 The landscaping plans seem to indicate that all planting will be relocated plantings. Does the Applicant intend to plant any new trees or shrubs? Comment Addressed. 14. The proposed parking lot expansion includes site lighting. The Applicant should verify that the additional lighting has no impact on adjacent properties. Comment Addressed. 2 \G\Documents and Settings\mippolit\i.c ai Settings\Temporary Internet Piles\O LK2\0929(23[IutcherBoy-rex�ew2doc 15. The existing conditions plan shows various sizes of existing drainage pipe,ranging from 15-inch to 24-inch diameter,on the existing site. The proposed drainage layout shows a proposed 24-inch pipe connecting to an existing 15-inch pipe via a drain manhole. The Applicant may wish to upgrade this existing 1.5-inch pipe to a 24-inch pipe. A similar situation exists at the main site drive and across Osgood Street(i.e. 24-inch pipes connecting to 15-inch pipes). Does the site experience any flooding issues? At a minimum, the Applicant should verify that the existing pipe system has sufficient capacity to handle any additional volume of water generated from the expanded parking lot. Comment Addressed. 16. The Applicant should provide supporting documentation for the TSS removal Rate of 77%for the proposed stormceptor. Comment Addressed. Emergency Response Plan 17. VHB has reviewed the Applicant's Emergency Response Plan. It appears to be a comprehensive document that provides guidance to employees of Butcher Boy Marketplace in the event of an oil or hazardous material discharge on the property of Butcher Boy marketplace. Based on our review of the plan,any potential spill within the expanded parking lot area would be captured by the proposed drainage system which drains into a closed drainage system away from the Lake. 3 \C:\Documents and Settings\ndppolit\Local Settings\Temporary Internet Files\OLK2\0928033-ButcherBor- iew2.doc TOWN OF NORI H ANDOVER PLANNING BOARD ENGINEERING REVIEW OF SITE PLAN AND WAIERSHED SPECIAL PERMIT FOR CONFORMANCE WITH IRE TOWN OF NORTH ANDOVER ZONING BYLAW Site Plan Title: Butcher Boy Mar ketplace VHB No.,: 09280.32 Site Plan Location: Osgood Street/Great Pond Road,North Andover,MA Applicant: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA Applicant's Engineer: Lynnfield Engineering, 199 Newbury Street,Danvers,MA 01923 Plan Date: March 21,2007 Review Date: 04-27-07 The plan was reviewed for conformance to the 1972 Town of North Andover Zoning Bylaw(last amended July 10,2006). the Applicant has submitted the following information f'or VHB's review: • Application lot Watershed Special Permit,dated March 20,2007 • Plans entitled`Butcher Boy Marketplace, 1077 Osgood Street,North Andover,MA"—9 Sheets-dated Match 21,2007. The following comments note non-conformance with specific sections of the Zoning Bylaw or questions/comments on the proposed design and VHB's recommendations/suggestions Town of North Andover Zoning Bylaw 1. The application indicates that the site is located within the General Business(GB)zoning district. However,the Plot Plan(sheet C-1)indicates multiple zoning districts The Applicant should review and correct zoning district labeling as it appears to be mislabeled. 2, The Applicant states that the reason for the parking lot expansion is to alleviate congestion during peak operating periods of the facility.. Is the current parking supply in conformance with current zoning requirements for this type of facility? 3. (4 1363.c)The proposed parking lot expansion is located within the Non-Disturbance Buffer Zone.(no action required) 4 (4 136.3 c.ii) the proposed parking lot expansion is allowed by special permit. 5. (4 136.4.c.ii) the Applicant should clearly show and label the non-disturbance and non-discharge buffer zones on all plans. 6. (4 136.4 c.iv) The Applicant has stated that there is no reasonable alternative location for the proposed parking lot expansion outside the non-disturbance buffer zone because there is no other area of the site suitable for the expansion. 7 (8 3.5.e xix) The Applicant states that no impacts are expected to existing traffic Given the relatively small size of this expansion,this appears to be a reasonable statement. 8 (8 3.5.e xx) Osgood Street is state highway. The Applicant should verify that an access permit from MassHighway is not required. 1 \\\Mawatr\te\09280.32\does\memos\0928033ButcherBoy reviewt doc General Site Plan lDrainaE!e Comments 9.. VHB would expect that additional handicap spaces would be proposed given that the total number of parking spaces has increased The Applicant should confirm,based on ADA criteria,that the number of handicap spaces is adequate 10 Assuming that additional handicap spaces are required,the Applicant should clearly locate these spaces If these spaces are to be located within the proposed parking lot expansion,the Applicant should ensure that an accessible path is provided connecting the spaces to the building. As an alternative,existing parking spaces could be converted to handicap spaces_ 11 Passenger cars can easily maneuver the parking lot expansion Single unit vehicles(snowplow,small fire truck,ambulance)can also maneuver the parking lot expansion with some minor encroachment onto opposing travel lanes. Vehicles larger that a single unit vehicle will have difficulty negotiating the proposed parking lot. 12. VHB assumes that the reconfigured,northwesterly site drive is one-way into the site. the Applicant should confirm. Also,the Applicant should consider a"one-way"sign in addition to the signing(Do Not Enter)already proposed 13. The landscaping plans seem to indicate that all planting will be relocated plantings, Does the Applicant intend to plant any new trees or shrubs? 14. the proposed parking lot expansion includes site lighting_ the Applicant should verify that the additional lighting has no impact on adjacent properties 15 The existing conditions plan shows various sizes of existing drainage pipe,ranging from 15-inch to 24- inch diameter,on the existing site. The proposed drainage layout shows a proposed 24-inch pipe connecting to an existing 15-inch pipe via a drain manhole. the Applicant may wish to upgrade this existing 15-inch pipe to a 24-inch pipe' A similar situation exists at the main site drive and across Osgood Street(Le.24-inch pipes connecting to 15-inch pipes). Does the site experience any flooding issues? At a minimum,the Applicant should verify that the existing pipe system has sufficient capacity to handle any additional volume of water generated from the expanded parking lot_ 16 The Applicant should provide supporting documentation for the TSS removal Rate of 77%for the proposed stormceptot It is recommended that the Applicant provide WRITTEN RESPONSES to the issues and comments contained herein. Reviewed by: /'//(.� Date: � 7 Timothy B. Intosh,P E Project Manager—Highway and Municipal 2 \\\VraNvatY\te\0926032\dots\memos\0928033-Uutcher6oy-rex iewl doc IOWN OF NORTH ANDOVER PLANNING BOARD ENGINEERING REVIEW OF SITE PLAN AND WATERSHED SPECIAL PERMIT FOR CONFORMANCE WITH IHE TOWN OF NORTH ANDOVER ZONING BYLAW Site Plan Title: Butcher Boy Marketplace VHB No.: 09280.32 Site Plan Location: Osgood Street/Great Pond Road,North Andover,MA Applicant: Angus Realty Corporation, 1077 Osgood Street,North Andover,MA Applicant's Engineer: Lynnfield Engineering, 199 Newbury Street,Danvers,MA 0192:3 Plan Date: March 21,2007 Review Date: 04-30-07 The plan was reviewed for conformance to the 1972 Town of'North Andover Zoning Bylaw(last amended July 10,2006) The Applicant has submitted the following information for VHB's review: • Application for Watershed Special Permit,dated March 20,2007 • Application for Site Plan Special Permit,dated March 20,2007 • Plans entitled`Butcher Boy Marketplace, 1077 Osgood Street,North Andover,MA"—9 Sheets-dated March 21,2007. The following comments note non-conformance with specific sections of the Zoning Bylaw or- questions/comments on the proposed design and VHB's recommendations/suggestions. Town of North Andover Zoning Bylaw I. . The application indicates that the site is located within the General Business(GB)zoning district. However,the Plot Plan(sheet C-1)indicates multiple zoning districts The Applicant should review and correct zoning district labeling as it appears to be mislabeled. 2. The Applicant states that the reason for the parking lot expansion is to alleviate congestion during peak operating periods of'the facility Is the current parking supply in conformance with current zoning requirements for this type of facility? 3. (4 136 3 c) the proposed parking lot expansion is located within the Non-Disturbance Buffer-Zone..(no action required) 4 (4 136 3 c ii)the proposed parking lot expansion is allowed by special permit. 5 (4.436 4.c.ii) the Applicant should clearly show and label the non-disturbance and non-discharge buffer zones on all plans. 6 (4 1.36 4.c iv) The Applicant has stated that there is no reasonable alternative location for the proposed parking lot expansion outside the non-disturbance buffer zone because there is no other area of the site suitable for the expansion. 7 (83.5.e.xix) The Applicant states that no impacts are expected to existing traffic, Given the relatively small size of'this expansion,this appeals to be a seasonable statement. 8. (8 3.5.e.xx) Osgood Street is state highway. The Applicant should verify that an access permit from MassHighway is not required, 1 \\\Mawatr\te\09280.32\does\memos\0928033-ButcherBoy-revlewr doe General Site Plan/Drainage Comments 9 VHB would expect that additional handicap spaces would be proposed given that the total number of parking spaces has increased. the Applicant should confirm,based on ADA criteria,that the number of handicap spaces is adequate 10 Assuming that additional handicap spaces are required,the Applicant should clearly locate these spaces. If these spaces are to be located within the proposed parking lot expansion,the Applicant should ensure that an accessible path is provided connecting the spaces to the building. As an alternative,existing parking spaces could be converted to handicap spaces• 11. Passenger cars can easily maneuver the parking lot expansion. Single unit vehicles(snow plow,small fire truck,ambulance)can also maneuver the parking lot expansion with some minor encroachment onto opposing travel lanes. Vehicles larger that a single unit vehicle will have difficulty negotiating the proposed parking lot 12 VHB assumes that the reconfigured,northwesterly site drive is one-way into the site.. the Applicant should confirm Also,the Applicant should consider a"one-way"sign in addition to the signing(Do Not Enter)already proposed 13 The landscaping plans seem to indicate that all planting will be relocated plantings Does the Applicant intend to plant any new trees or shrubs? 14. the proposed parking lot expansion includes site lighting. The Applicant should verify that the additional lighting has no impact on adjacent properties. 15 The existing conditions plan shows various sizes of existing drainage pipe,ranging from 15-inch to 24- inch diameter,on the existing site, The proposed drainage layout shows a proposed 24-inch pipe connecting to an existing 15-inch pipe via a drain manhole. The Applicant may wish to upgrade this existing 15-inch pipe to a 24-inch pipe A similar situation exists at the main site drive and across Osgood Street(i e 24-inch pipes connecting to 15-inch pipes) Does the site experience any flooding issues? At a minimum,the Applicant should verify that the existing pipe system has sufficient capacity to handle any additional volume of water generated from the expanded parking lot 16 The Applicant should provide supporting documentation for the I SS removal Rate of 77%for the proposed stormceptor. It is recommended that the Applicant provide WRIT I EN RESPONSES to the issues and comments contained herein Reviewed by: �✓� - � ' Date: Timothy B clntosh,P E Project Manager—Highway and Municipal 2 \\\Mawatr\te\0928032\does\memos\8928033•ButcherBoy-reviewr doc. O tLED ti O L 14L O� coc.ii�iwcx rED ��SSgcHUS���� PLANNING DEPARTMENT Community Development Division AGENDA ITEM #4 TO: Planning Board FROM: Lincoln Daley,Town Planner RE: Angus Realty Corporation Site Plan Special Permit and Watershed Special Permit to expand the parking facility by 67 parking spaces and related storm water management system located at the southwest corner of property known as 1077 Osgood Street,Assessor's Map 35,Parcel 27 DATE: 3rd Review—July 10,2007 2 Review—June 18,2007 I"Review-April 30,2007 Proposal: The applicant,Angus Realty Corporation,is seeking a Site Plan Special Permit and Watershed Special Permit to expand the current parking facilities by 67 parking spaces, stormwater management system,and related grading and landscape work. The purpose of the parking lot expansion,according to the applicant, is to alleviate parking congestion during peak operating periods of the facility. Further,a portion of the southern property entrance will have to be shifted north to provide for additional area for the proposed parking layout, but curb cut and pavement within the right-of-way of Osgood Street would remain unchanged. The property consists of approximately 7.348 acres(320,080 s.£) and is in the General Business, Business 2, and Residential 1 Zoning Districts(the project area lies within the General Business Zoning District)and is within the Background: This is the 3rd public hearing for the Site Plan Special Permit and Watershed Special Permit applications. The application was continued to allow the applicant to address the comments from Staff and the Planning Board kept the Public Hearing open. The application was received by the Town Clerk's office March 25, 2007. The Town's outside consultant, VHB, submitted a second review for the project dated 6/14/07. As stated in their review,the applicant has addressed all previous comments and no additional review is required at this time. Please see attached VHB review for Watershed Special Permit and Site Plan Special Permit. Below please find my review of the following plans submitted to this Department: Plan titled: Butcher Boy Marketplace 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street, Suite 115 Danvers,MA 01923 Scale: 1"=40' and 1"=30' Date: April 2007,Revised 4/30/07, 5/24/07 Sheets: C 1 —C7,E 1—E2,LTG Cale, and L1 (revised 7/5/07) Report titled: Responses to Comments Proposed Parking Lot Expansion 1077 Osgood Street North Andover,MA Prepared for: Angus Realty Corporation 1077 Osgood Street North Andover,MA Prepared by: Lynnfield Engineering,Inc. 199 Newbury Street, Suite 115 Danvers,MA 01923 Date: May 25,2007\ Attachments: Figures Attachment 1 —Emergency Response Plan Attachment 2—Stormwater Analysis and Calculations Attachment 3 —Inspection and Maintenance Plan WATERSHED SPECIAL PERMIT REVIEW SECTION 3 ZONING DISTRICTS AND BOUNDARIES The parcel of land is located within the Watershed Protection District of Lake Cochichewick and is located in a designated GB, 132, and R-1 Districts. Although the project area lies within the GB Zoning District, the applicant will be required to revise the plans accordingly to include all relevant zoning districts. ADDRESSED SECTION 4.136 WATERSHED PROTECTION DISTRICT Section 2—Boundaries and Zones: The proposed activities are located within the 100-foot and 250-foot Non-Disturbance Zone and 325-foot Non-Discharge Zone associated with bordering vegetated wetlands and the Lake Cochichewick in the Watershed Protection District. The limit of work for the proposed 67- space parking lot is approximately 90 feet from the bordering vegetated wetland/Lake. The Non- Disturbance Zone associated with Lake Cochichewick is correctly labeled on the plan. However, the applicant should consider labeling setback to state Non-Disturbance Setback(Lake Cochichewick). The Non-Disturbance Zone associated with the delineated wetland resource area(Lake Cochichewick) is labeled 100' Wetland Setback. The Plans will need to be revised to change the 100' Wetland Setback line to 100'Non-Disturbance Setback(Wetland Resource Area). The Plans should be revised to include the 325 foot Non-Discharge Zone Setback. ADDRESSED Section 3—Uses and Building Requirements: In accordance with Section 4.136(3)(c)(ii)(1)which states that any activities which cause a change in topography or grade& Section 4.136 (3)(c)(ii)(5)which states that any surface or sub-surface discharge, including but not limited to, storm water runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds requires a Watershed Special Permit. Section 4: —Special Permit Requirements: 4.136 (4)(c)(ii)(1) & (5). The proposed 67-space parking, stormwater management plan,and related grading and landscaping is allowed by special permit. 4.136 (4)(c)(iii). A statement was submitted by the applicant's engineer stating that the proposed project will not degrade the quality or quantity of water in or entering Lake Cochichewick as a result of this project. (See page 2 of the Watershed Special Permit Application) 4.136(4)(c)(iv).The applicant has not submitted written or visual alternatives to locating the activities outside the Non-Disturbance Zone. The applicant's engineer states that the location of the proposed parking lot expansion is the only area of the site suitable for expansion of the parking lot. (See page 2 of the Watershed Special Permit Application) 4.136 (4)(c)(v). The project will not result in any industrial waster water treatment or disposal system or any wastewater treatment system of fifteen thousand gallons per day capacity. The applicant states that the proposed parking area will not result in an increase in waster water disposal or fertilizer application. The facility is located on the municipal sewer system. No increase in concentrations of nitrogen in groundwater will occur as a result of the project. 4.136 (4)(c)(vi&vii).The applicant has provided written documentation stating proposed activities will not create concentrations of nitrogen, phosphorous and other relevant chemicals on and off-site the property. The decision will continue the condition requiring a deed restriction for the use of pesticides, fertilizers and chemicals on the site. Given the location of the parking area to the lake, the Planning Board should request that the applicant develop an Emergency Response Plan similar in nature to the plan created for the 1025 Osgood Street(Treadwell's)project currently being constructed. ADDRESSED.An Emergency Response Plan has been submitted as part of the Report "Responses to Comments, Proposed Parking Lot Expansion"dated May 25, 2007. Said Plan has been reviewed by the Town's outside consultant and Town Planner. VHB states the following: "VHB has reviewed the Applicant's Emergency Response Plan. It appears to be a comprehensive document that provides guidance to employees of Butcher Boy Marketplace in the event of an oil or hazardous material discharge on the property of Butcher Boy marketplace. Based on our review of the plan, any potential spill within the expanded parking lot area would be captured by the proposed drainage system which drains into a closed drainage system away from the Lake. " Upon review of the document, I would concur with VHB's comments. 4.136 (4)(g). The Bylaw requires that any runoff from impervious areas within the Non-Disturbance Zone to the extent possible shall be recharged on site and diverted toward areas covered with vegetation for surface infiltration. In accordance with the DEP Stormwater Manual Volume I, Page 1-27 infiltration is restricted within a Zone A of a reservoir. The proposed parking area is located within this Zone A, therefore infiltration has not been proposed. All of the surface runoff is directed into a closed drain system, which flows across Osgood Street, and into the Clarke Street drainage system. The stormwater management plan was designed so as to direct all stormwater runoff away from the lake and into the Merrimack River. (Please refer to pages 2-4 of the Watershed Special Permit Application) SECTION 7 DIMENSIONAL REQUIREMENTS Section 7.1-Lot Area: The primary plaza structure and parking lot lie within the GB Zoning District is with a total area of approximately 320,080 square feet with 679 feet of frontage. The parcel meets the minimum lot area requirement of 25,000 square feet or as shown in Table 2 of the North Andover Zoning Bylaws. Section 7.3- Setbacks: Proposed structure meets the required yard setbacks of 25-foot front and side setbacks and 35-foot rear setback as stated in Table 2 of the Zoning Bylaw. Section 7.4—Building Heights:NA SITE PLAN SPECIAL PERMIT REVIEW i. NORTH ARROW/LOCATION MAP: This has been provided on the plan. ii. SURVEY OF LOT/PARCEL: The parcel area is displayed on the plan, Sheet C-1.Although the boundary survey has been submitted, it is recommended that the Applicant submit a surveyed plot plan signed/stamped from a Licensed P.L.S. and not by the Applicant's engineer. ADDRESSED — Applicant submitted a surveyed plot plan signed/stamped from a Licensed P.L.S. iii. NAME/DECRIPTION OF PROJECT: This has been provided in the title block of the plan labeled "Butcher Boy Marketplace, 1077 Osgood Street, North Andover, MA", and a review of the project is described within the Site Plan application narrative. (See attached Application received 3/26/07). iv. EASEMENTS/LEGAL CONDITIONS:No easements shown. The applicant should verify if any easements exist on the property. ADDRESSED—A note has been added to the plan indicating that the easement was granted to New England Telephone and Telegraph. V. TOPOGRAPHY: This has been provided on the site plan at one-foot intervals. vi. ZONING INFORMATION: A zoning chart has been included on the Plans submitted located on C4. 1. The application indicates that the site is located within the General Business(GB)zoning district. However, the Plot Plan (sheet C-1) indicates multiple zoning districts. The Applicant should review and correct zoning district labeling, as it appears to be mislabeled. ADDRESSED—Refer to Responses to Comments Report,#1 and#5,pages 1 and 2 respectively. Vii. STORMWATER DRAINAGE: Stormwater from the proposed additional pavement, as well as paved areas formerly routed into C1353, will not be routed into two new catch basins (PCB#2 and PCB#3). These catch basins will convey runoff into a subsurface stormwater detention system (Pond 100) made up of a network of 24" HDPE pipes. This syste is designed to detain the first 0.5" of stormwater runoff volume from the contributing impervious area(1,320 CF of runoff). It will also temporarily detain the stormwater runoff, while a concrete outlet control structure built into PDMH#1 will allow stormwater to pass into the existing system at controlled rate. This rate will match the existing flows from CB#53, thereby having no effect on the total rate of runoff from the site for the I-year, 10-year, and 100-year 24-hour storm events. For the purposes of the drainage study, only the flow that enters the pipe connected to CB53 was analyzed,since this was the only portion of the existing system that will be affected by the proposed design. The applicant states that the stormwater system has been designed to remove 82.75% of the Total Suspended Solids (TSS). VHB reviewed the stormwater management plan and provided the following comments: 1. The existing conditions plan shows various sizes of existing drainage pipe, ranging from 15- inch to 24-inch diameter, on the existing site. The proposed drainage layout shows a proposed 24-inch pipe connecting to an existing 15-inch pipe via a drain manhole. The Applicant may wish to upgrade this existing 15-inch pipe to a 24-inch pipe. A similar situation exists at the main site drive and across Osgood Street(i.e. 24-inch pipes connecting to 15-inch pipes). Does the site experience any flooding issues? At a minimum, the Applicant should verify that the existing pipe system has sufficient capacity to handle any additional volume of water generated from the expanded parking lot. ADDRESSED—Refer to Response to Comments Report,#6,page 2 of 7. 2. The Applicant should provide supporting documentation for the TSS removal Rate of 77% for the proposed stormceptor. ADDRESSED—Refer to Response to Comments Report,#6,page 2 of 7. viii. BUILDING LOCATION:NA ix. BUILDING ELEVATION:NA X. LOCATION OF PARKING/WALKWAYS: The site currently contains 158 parking spaces which satisfies Section 8. Off Street Parking. VHB has reviewed the plans and provided the following comments: 1. VHB would expect that additional handicap spaces would be proposed given that the total number of parking spaces has increased. The Applicant should confirm, based on ADA criteria,that the number of handicap spaces is adequate. ADDRESSED—Refer to Response to Comments Report,#7,page 3 of 7. 2. Assuming that additional handicap spaces are required,the Applicant should clearly locate these spaces. If these spaces are to be located within the proposed parking lot expansion,the Applicant should ensure that an accessible path is provided connecting the spaces to the building. As an alternative, existing parking spaces could be converted to handicap spaces. ADDRESSED—Refer to Response to Comments Report,#7,page 4 of 7. xi. LOCATION OF WETLANDS/NOTICE OF INTENT: The site plan states that wetlands exist within 100' of the project. As such, the applicant will be required to file with the Conservation Commission for a Notice of Intent. xii. LOCATION OF WALLS/SIGNS: NA xiii. LOCATION OF ROADWAYS/DRIVES: Access to the site will be from existing curb cut off of Great Pond Road. VHB has reviewed the plans and provided the following comments: 1. Passenger cars can easily maneuver the parking lot expansion. Single unit vehicles (snow plow,small fire truck, ambulance)can also maneuver the parking lot expansion with some minor encroachment onto opposing travel lanes. Vehicles larger that a single unit vehicle will have difficulty negotiating the proposed parking lot. ADDRESSED—Refer to Response to Comments Report,#10,page 4 of 7. 2. VHB assumes that the reconfigured, northwesterly site drive is one-way into the site. The Applicant should confirm. Also,the Applicant should consider a"one-way" sign in addition to the signing(Do Not Enter) already proposed. ADDRESSED—Refer to Response to Comments Report,#10,page 4 of 7. xiv. OUTDOOR STORAGE/DISPLAY AREAS: There is no outdoor storage being proposed. xv. LANDSCAPING PLAN: The proposal calls for relocating the existing planting and shrubberies from the their existing locations throughout the perimeter of the new parking lot.Does the Applicant intend to plant any new trees or shrubs? More detail is required to explain which plantings are to be relocated. The applicant should seriously consider adding to the existing landscape plan to provide a visual buffer to the expansion of the impervious area ("Sea of Parking'). ADDRESSED—The applicant submitted a revised landscaped plan dated 7/5/07. The revised plan includes information(table) showing the type,size,caliper of the plantings and satisfies the requirements of Section 8.4 Screening and Landscape Requirements. xvi. REFUSE AREAS: NA xvii. LIGHTING FACILITIES: The proposal calls for the addition of 9 lights located along the perimeter of the new parking area. The light poles will be approximately 27 feet in height and are essentially a continuation of the existing style and type of light that currently exists on site. The Applicant should verify that the additional lighting has no impact on adjacent properties. ADDRESSED—Refer to Response to Comments Report,#12,page 5 of 7 and Sheet LTG CALC. xviii. DRAINAGE BASIN STUDY: Please refer to Stormwater Analysis and Calculations section of the application. xix. TRAFFIC IMPACT STUDY: The Applicant states that no impacts are expected to existing traffic. Given the relatively small size of this expansion, this appears to be a reasonable statement. xx. EROSION CONTROLS: The applicant proposes to erect a single line of silt fence with haybales surrounding the limit of work. The applicant should verb with the Conservation Department if the erosion control measures proposed are in fact satisfactory. ADDRESSED—All proposed erosion control measures have been reviewed and approved by the Conservation Commission. The Conservation Commission closed the public hearing for the application on June 13,2007. xxi. COMMONWEALTH REVIEW: No reports filed with any State Agency in support of this project. Applicant is asking for a waiver. xxii. UTILITIES: The site will be serviced by municipal services. xxiii. FISCAL IMPACT: No fiscal impact study has been completed. Applicant is asking for a waiver. xxiv. COMMUNITY IMPACT: No community impact study has been completed. Applicant is asking for a waiver. GENERAL COMMENTS: 1. Stormwater Management and Best Management Practices: The proposal includes an Inspection and Maintenance Plan that takes into account Storm Drain Inlet Protection, Surface Stabilization, Inspection and Maintenance of Stormceptor Units, and Long-Term Inspection and Maintenance Measures Post Construction. Planning Staff has reviewed the plan and determines that more information is needed and will work with the applicant. ADDRESSED—Refer to Response to Comments Report,Attachment No. 1—Emergency Response Plan and Attachment No.—Inspection and Maintenance Plan. Both documents have been reviewed and approved by VHB and the Planning Department. 2. Storage Trailers Onsite: The applicant is currently storing their products within two trailers located behind the main building. Upon a request from Chairman Nardella, I examined the past decisions involving the site and there was no reference or condition allowing the outside storage of supplies and products. The Planning Board should inquire what measures are being taken by applicant eliminate these storage trailers. ADDRESSED—As stated in the letter from Lynnfield Engineering dated 7/6/07,Angus Realty Corporation is committed to continue to work with the Board as it evaluates alternatives to the use of refrigerated storage trailers. RECOMMENDATIONS: All issues raised by Planning Staff and VHB have been addressed. If the Planning Board finds that the application is complete,Planning Staff recommends closing the Public Hearing and rendering a decision. Attached please find the draft decisions for the Watershed Special Permit and Site Plan Special Permit for the project.