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HomeMy WebLinkAbout2013-06-18 Planning Board Supplemental Materials (51) Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF 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 18, 2013 Date of Hearings: May 7, 2013, June 4, 2013, June 18, 2013 Date of Decision: June 18, 2013 Petition of: Messina Development Corporation Premises Affected: 100 Dale St, North Andover, Massachusetts, 01845. Assessor’s Map 37B, Parcel 9 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136.3.b,ii, 4.136.3.c.ii & 10.3. So as to allow the demolition of an existing single family dwelling and the construction of two single family dwelling units with associated driveways and the installation of utilities and associated grading on two undeveloped parcels within 400 feet of a wetland in the Non-Discharge Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by X and 2nd by X to APPROVE the Watershed Special Permit for the Watershed Protection District as amended and based upon the following conditions. Vote was 6 – 0 in favor of the application. Planning Board John Simons Richard Rowen Michael Colantoni Lynne Rudnicki Lora McSherry Dave Kellogg The public hearing on the above referenced application was opened on May 7, 2013 and closed by the North Andover Planning Board on June 18, 2013. On June 18, 2013, upon a motion made by X and seconded by X to GRANT a Watershed Special Permit for the demolition of an existing single family dwelling and the construction of two single family dwelling units with associated driveways and the installation of utilities and associated grading on two undeveloped parcels within 400 feet of a wetland in the Non-Discharge Zone of the Watershed Protection District, under the requirements of Section 4.136.3.b,ii, 4.136.3.c.ii & 10.3 of the North Andover Zoning Bylaw. The total amount of impervious area to be created is 12,490 sq. ft. This Special Permit was requested by Messina Development Corporation, North Andover, MA 01845 on April 4, 2013. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria is met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick, however, the final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. On January 8, 2013, the project received a variance from the Town of North Andover Zoning Board of Appeals, as required by the Town of North Andover’s Zoning Bylaw for relief from frontage and area requirements for the Residential-1 Zoning District. The Zoning Board found that owing to circumstances related to soil conditions, shape or topography of the land, that literal enforcement of the provisions of the Bylaw would involve substantial hardship, financial or otherwise. The proposed plan reflects changes made to the original plan, as requested by the Planning Board, the peer reviewer and abutters. The location of the dwelling unit on Lot 2 has been moved closer to the site of the original home. The driveway for Lot 2 has been moved to the western side of the dwelling unit to allow for the least amount of disturbance to abutting properties. The construction plan has been reviewed by Town Staff and the Town’s consulting engineer, Lisa Eggleston, and with the application of the erosion control measures and modifications to the drainage and stormwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The plan has been reviewed by the outside consulting engineer, Lisa Eggleston, as evidenced by correspondence dated April 26, 2013, May 7, 2013, June 3, 2013 and June 11, 2013. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to a single-family dwelling: The new project will create 12,490 sq. ft. of new impervious area that will include the two dwelling units, with attached garages and driveways. All of the roof runoff will be routed to a roof infiltration chamber (one for each dwelling unit), surrounded by a 6” stone trench. The runoff for each of the driveways will also be infiltrated into a stone trench along the side of each driveway. Landscaping has been proposed which limits lawn area and defines the type of plantings. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deeds. The limit of work and clearing has been marked on the plan to be as close to the proposed dwelling unit as possible. A deed restriction will be recorded to limit any further clearing on the lot. Copper gutter and down spouts are not to be used in the construction of the dwelling units. A note to this effect has been added to the plan. An Operations and Maintenance document will be provided to the homeowners for maintenance of the roof infiltration chambers. The existing lot complied with the current Zoning Bylaw with regard to frontage and acreage. The two lots were created through the ANR process which was approved by the Planning Board on November 21, 2012. On January 8, 2013, the two new lots received a variances from the Town of North Andover Zoning Board of Appeals, as required by the Town of North Andover’s Zoning Bylaw, for relief from frontage and area requirements for the Residential-1 Zoning District. The existing structure is connected to the Town sewer and water systems. There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-Discharge Zones for any discharge, structure or activity. In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; There will be no nuisance or serious hazard to vehicles or pedestrians; Adequate and appropriate facilities are provided for the proposed project; The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: The “Locus” refers to Lot 1 and Lot 2 totaling 180,312 sq. ft. of land with frontage on Dale Street as shown on the plans prepared by Christiansen & Sergi, Inc., dated April 4, 2013 and revised to June 3, 2013, entitled “Site Development Plan for Watershed Special Permit 100 Dale Street located in North Andover, MA.”.. The “Plans” refer to the plans prepared by Christiansen & Sergi, Inc., dated April 4, 2013 and revised to June 3, 2013, entitled “Site Development Plan for Watershed Special Permit 100 Dale Street located in North Andover, MA.”. The “Project” or “100 Dale Street” refers to the demolition of an existing structure and the construction of two single family dwelling units and associated driveways, installation of utilities and associated grading on two undeveloped parcels within 400 feet of a wetland in the Non-Discharge Zone of the Watershed Protection District. The “Applicant” refers to Messina Development Corp., the applicant for the Special Permit. 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. The Town Planner shall approve any changes made to these plans, including changes to the landscaping. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. Any increase in impervious surface shall require a Special Permit from the Planning Board. Prior to the endorsement of the Plan The applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. The “Limit of Clearing” will be noted on the plan and no further clearing will be allowed on the parcel. This limitation shall be noted in the deed. The applicant shall provide a copy of the Operations & Maintenance Plan for the Roof Infiltration Chambers. The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. Prior to the start of construction or the issuance of a building permit: A performance guarantee bond of eight thousand dollars ($8,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. 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. The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. Confirmatory test pits shall be performed in the area of the site where the infiltration chambers will be located. The test pits results will be reviewed by the Town Planner. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. A pre-construction meeting must be held with the developer, their construction employees, Planning Department and Conservation Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. Any new landscape area will be confined to that which is indicated on the Plan. The soil should have a minimum of 6 inches of topsoil and where possible, native vegetation should be planted. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. 6) Prior to final release of the Performance Bond: The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The applicant must also 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. This as-built plan shall be submitted to the Town Planner for approval. The applicant may request a separate release of $4,000 for each lot, once the construction has been completed for that lot and the as-built has been produced. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) 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. 10) This Special Permit approval shall be deemed to have lapsed on June 18, 2015 (two years from the date of issuance) 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. Substantial use or construction will be determined by a majority vote of the Planning Board. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: “Site Development Plan for Watershed Special Permit 100 Dale Street located in North Andover, MA.”. Prepared for: Messina Development Corp. 277 Washington Street Groveland, MA 01834 Prepared by: Christiansen and Sergi, Inc. 160 Summer Street Haverhill, MA 01830 Scale: 1” = 40’ Date: April 4, 2013, revised to June 3, 2013. Sheets: 1 Plan titled: “Wetland Location and Soil Types for Watershed Special Permit, 100 Dale Street located in North Andover, MA.” Prepared for: Messina Development Corp. 277 Washington Street Groveland, MA 01834 Prepared by: Christiansen and Sergi, Inc. 160 Summer Street Haverhill, MA 01830 Scale: 1” = 40’ Date: May 3, 2013, revised to June 3, 2013. Sheets: 1 Plan Titled: Operations & Maintenance Plan Date: XXX  cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File