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HomeMy WebLinkAboutWSP NOTICE OF DECISION Sk 13681 P:9147 10-28-2013 a OORTy . . _ oFs,t.n 6:°NO Town of North Andover 2 11 IF" Office of the Planning Department s ;* Community Development and Services Division gAT lV" ��y 1600 Osgood Street North Andover,Massachusetts 01845 NOTICE OF DECISION This is to certify that twenty(20)days have elapsed from date of decision,filed without filing of an a peal. Any appeal shall Date be filed Joyce A.Bradshaw within(20)days after the Town clerk date of filing this notice in the office of the Town Clerk. Date: February 15,2011 Date of Hearings: January 4,2011, February 15,2011 Date of Decision: February 15,2011 Petition of: Town of North Andover,120 Main Street,North Andover,MA 01845— Thomas Zahoruiko,Fields Committee Premises Affected: 0 Dale Street,North Andover, Massachusetts,01845,Assessor's Map 64, Parcel 18 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, Section 4.136. So as to allow the installation of natural grass athletic playing field, including the installation of a drainage system, a gravel parking area, within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District. .After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District,based upon the following conditions: nning Board John Simons,Chairman Richard Rowen Timothy Seibert Michael Colantoni Courtney LaVolpicelo Bk 13681 Pg148 #31122 Dale Street Athletic Field,Map 64,Lot 18 Watershed Special Permit February 15,2011 The public hearing on the 4bove referenced application was opened on January 4,2011 and closed by the North Andover Planning Board on February 15,2011. On February 15,2011 upon a motion made by Richard Rowen and seconded by Timothy Seibert to GRANT a Watershed Special Permit to allow the installation of a natural grass athletic playing field, including the installation of a drainage system, a gravel parking area, within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by the Town of North Andover, Thomas Zahoruiko, Fields Committee, 120 Main Street, North Andover, MA 01845 on December 2, 2011. 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 Appendix A to 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: 1) 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: 1) The construction has been reviewed by Town Staff, including Gene Willis,the Town Engineer and Judy Tymon, the Town Planner. With the application of the erosion control measures and modifications to the drainage and stormwater management design, there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by town staff, as noted above. Adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices: i) To control runoff from the field and parking area,a drainage system has been designed with a combination of open swales on the northern side as well as the eastern side of the field and a closed drainage system consisting of two catch basins and a wet detention pond. An emergency overflow has also been designed with a level spreader. ii) The detention pond has been designed to collect runoff and direct it into a controlled outlet before discharge,thus mitigating the increase in the peak rate of runoff as well as providing recharge to the groundwater. The drainage system has been designed to regulate discharge from the 1,2, 10,25 and 100-year storm events. iii) The applicant has provided a "Statement of Water Quality Impact" from a Professional Engineer, stating that the project will not adversely impact the quality of surface and 2 Bk 13681 Pg149 #31122 Dale Street Athletic Field,Map 64,Lot 18 Watershed Special Permit February 15,2011 groundwater adjacent to the Lake and that there will be no increase in concentrations of nitrogen,phosphorous or other dissolved inorganic chemicals. 2) The project is located within an extremely environmental sensitive area and in proximity to Lake Cochichewick and in close proximity to a wetland area that drains to the Lake, The final design reflects extensive discussions between the Town and the applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. The new field will be located within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection Overlay District. In addition, all drainage systems and parking will be located within the Non-Disturbance and Non-Discharge Zones. 3) The'applicant has agreed to use organic and low nitrogen fertilizers and to curtail the use of pesticides so as to reduce the potential of chemical loading to adjacent wetlands. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible stormwater and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood as evidenced by the Findings stated in the previous section of this document; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) 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: a) The"Locus"refers to the parcel of land with frontage on Dale Street as shown on Assessors Map 64,Parcel 18,and also known as 0 Dale Street,North Andover,Massachusetts, 01845. b) The"Plans"refer to the plans prepared by New England Engineering Services,Inc.,dated September 25,2008 and revised January 15,2011 entitled"Prgposed Site Plan Town Farm Dale Street North Andover,MA" c) The"Project"or"The Dale Street Athletic Field"refers to the installation of natural grass athletic playing field, including the installation of a drainage system, a gravel parking area, within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District. d) The"Applicant"refers to The Town of North Andover,the applicant for the Special Permit. 3 Bk 13681 Pg150 #31122 s Dale Street Athletic Field,Map 64,Lot IS Watershed Special Permit February 15,2011 e) 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. 2) Px nor to the start of construction: a) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department,prior to any work being done at the site. 4) Prior to the actual use of the fields, the Planning Board and/or its agent shall review the project for compliance with the approved set of"Plans". This may require a site visit and/or a meeting with the Planning Board. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 8) This Special Permit approval shall be deemed to have lapsed February 15,2013 (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 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: "Proposed Site plan Town Farm Dale Street,North Andover,Ma" 0 Dale Street,North Andover,Mass. Prepared for: Town of North Andover 0 Dale Street North Andover,MA 01845 Prepared by: New England Engineering Services,Inc. 1600 Osgood Street Building 20, Suite 2-64 North Andover,Ma 01845 Scale: V=40' Date: September 25,2008 and revised January 15,2011 Sheets: Site Plan cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant 4 Bk 13681 Pg151 #31122 Dale Street Athletic Field,Map 64,Lot IS Watershed Special Permit February 15,2011 Planning Board Police Chief Fire Chief Applicant Engineer File S