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HomeMy WebLinkAbout19961007 DECISION RE( I;;. P U K XQVI.-�1 :CLL, ' , �uun w N OF NORTH A N D oV E R Any appeal shall be filecP ( CT 31ASSA IJ33A within (20) days after the QNTN Jate of filing of this Notice 3?�:;" .:�0 in the Office of the Town ° LierK. � ::t,y.' �S�G HUSt NOTICE OF DECISION Date . October ,7, ,1,9,9rQ . . . . . . . . . . . . . Jul 16, Aug 20, Sept 3, Date of Hearings�P.Pt. .1.7.,. Oc.t. .l.,. 1.996 d Michael & Nancy Rullo Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land numbered 1750 Great Pond Road in the R-1 District, Premises affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 4.136 Paragraph 3 (b) ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l X for the construction of a driveway which is within,the. . . . . . . So as t0 4i Non-Disturbance Zone of the Watershed Protection District., , , , After­--a public hearing o men on -the above date , the Planni Board vo[edJ - t� -" CONDITIONALLY tU AFPROVE. . . . . . . . .the .SPECIAL PERMIT. . . . . . . . . . . . . . . . . . . . . . ~ based upon the following conditions CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner U Health Sanitarian Signed Assessors Police Chief Joseph . . . . . . . . Chairman, , , , , Fire Chief Applicant Richard Rowen:Vice, Chairman. . . . Engineer File Alison . . . . . . . . . . . Clerk Interested Parties Richard . . . . . . . . Town of North Andover NORTh 3�0 t,,to -6 � OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street "� 9 •^; North Andover Massachusetts 01845 WILLIAM J.SCOTT 9SSACHU$ Director October 3, 1996 Ms . Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit/1750 Great Pond Road Dear Ms . Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, July 16, 1996 at 7 : 30 p.m. in the Senior Center behind the Town Building, upon the application of Michael & Nancy Rullo, 291 Winter Street, No. Andover, MA 01845 requesting a special permit under Section 4 . 136 Paragraph 3 (b) (ii) and 3 (c) (ii) Watershed Protection District of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on June 26 and July 3, 1996 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and John Simons . The petitioner was requesting a special permit to allow for the construction of a driveway which is within the Non-Disturbance Zone of the Watershed Protection District . The premises affected is land numbered 1750 Great Pond Road in the Residential - 1 (R-1) Zoning District and the Watershed Protection District. Ms . Lescarbeau read the legal notice to open the public hearing. Ms . Colwell gave an overview of the history behind this lot. A special permit was issued by the Planning Board for this project on August 18, 1992 . The lot is located on Great Pond Road across from the Lake. The permit expired in 1994 . The applicant, Mike Rullo, is proposing the same project however it will now be tied into sewer connecting through to French Farm. The work within BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 the watershed consists of the construction of a very long windy driveway. The original plan shows a specific limit of clearing. The driveway was to be constructed of porous pavement on top of gravel with "waterstops" of clay perpendicular to the gravel every few feet to stop water from running under the driveway onto the street. The watershed council expressed some concerns upon review of the plan. Porous pavement with a 12% grade may as well be impervious . There is nothing to stop/control sheet flow off of the porous pavement. The council also expressed concerns about the long term maintenance of the driveway. In a few years when the porous pavement needs repair, the homeowner will simply pave it with regular paving and there will be no control over the storm water. It will run across Great Pond Road into the Lake. Phil Christiansen of Christiansen & Sergi, stated that regular pavement with leaching/infiltration trenches would work and would be a better long term solution. However, there would be additional clearing of trees to create the trenches . The house will now be connected to sewer therefore the area in which the septic system would have been placed can now be undisturbed. Mr. John Desmond, 1775 Great Pond Road, is concerned about the number of trees that must be cut and will be damaged by the driveway. He asked whether the "s : curve could be reduced to minimize the area of clearing. He is also concerned about runoff onto his property at the ends of the "S" curves, and wants to make sure that the trees he has planted will remain. He submitted a letter from residents on French Farm concerned about the sewer line. Mr. Christiansen stated that the driveway is 30 ft away from Mr. Desmond' s property line therefore is doubtful that there will be any erosion on his property. He also stated that the driveway will be cut into the hill approximately 2 ft therefore the water will be contained within the driveway itself and will be directed to a catch basin. He stated that a reduction in the "s" curve would increase the percent slope on the driveway. It is his opinion that a grade greater than 12% is unsafe and he will not stamp a plan that shows that grade. Mr. Simons asked if there was a way to reduce the curve by looking at the area the septic system would have been placed in. Mr. Christiansen will look at this again. Ms. Colwell stated that the sewer line is not within the Planning Board' s jurisdiction however the Conservation Commission and DPW will review it. 2 The Planning Board scheduled a site walk for Saturday at 8 : 00 a.m. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board continued the public hearing to August 6, 1996. The North Andover Planning Board held a regular meeting on August 6, 1996. The following members were present : Joseph V. Mahoney, Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and Richard Rowen. The applicant requested in writing an extension until the August 20, 1996 meeting. The North Andover Planning Board held a regular meeting on August 20, 1996. The following members were present: Joseph V. Mahoney, Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons . Phil Christiansen was present with a new plan of the driveway. As the plan was only presented that evening, Ms . Colwell and the Board members did not have an opportunity to review it before the meeting. Mr. Christiansen stated that Mr. Rullo, the applicant, has negotiated an easement from French Farm for sewerage, therefore, the opening to the driveway was able to be moved. The grades average just under 12% on the driveway. Mr. Nardella stated that on the previous plan there was a parking area at the bottom of the driveway to house a car in the event of icy weather, and he doesn' t see it on this new plan. Mr. Christiansen stated that in bad weather you could just leave the car at the bottom of the driveway, but if directed to he could certainly place a side parking area on the plan. Mr. Nardella stated he would like to see a side parking area with crushed stone to prevent a car from sliding across the street into the lake. Mr. Thomson, an abutter who has lived in the area quite some time, stated that last winter there were maybe 3 days they couldn' t make it up their driveway so they just left the car at the bottom. He also stated that Great Pond Road has quite a crown in it and seriously doubts a car could ever side across into the lake. Mr. Thomson further stated that he is very happy with the new plans and thanks Mr. Christiansen and Mr. Rullo for their efforts . It was discussed whether the plan should be sent to our drainage consultant as the area of work is in the watershed. On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously to have the plan reviewed by the Town' s outside consultant. Now that the driveway opening has been changed Mr. Mahoney suggests that Town staff notify the abutters . 3 Continued until September 3, 1996. The North Andover Planning Board held a regular meeting on September 3, 1996 . The following members were present: Joseph V. Mahoney, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk and John Simons . This is a continuation of the public hearing. Ms . Colwell stated that a revised plan was submitted but more detail is needed. The parking space at the bottom of the driveway has been added, but the plan hasn' t gone to Watershed Committee yet . Phil Christiansen was present and stated they have two easements to go thru French Farm. He also stated that they are waiting for the consultants comments and will then respond. Continued until September 17, 1996. The North Andover Planning Board held a regular meeting on September 17, 1996. The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella and John Simons . Continuation of the public hearing. Ms . Colwell stated that she, the Watershed Council and Coler & Colantonio have reviewed the plans and found many items lacking such as basic labeling on the plan to soil testing. Ms . Colwell stated that she received new information on Friday afternoon after the deadline for submittal of new information. She did review it, but does not feel comfortable issuing a decision quite yet. Phil Christiansen, engineer for the project, stated that all excess water will be stored in the spaces between the crushed stone and they have sized the areas accordingly. Ms . Colwell stated that the existing conditions are not on the plan. Mr. Christiansen asked if the Board could close the public hearing and put the conditions on the plan later. A "blind driveway" sign is to be put up. John Thompson, an abutter to the right of the property, expressed some concern about a vehicle coming down the driveway and into his dining room in bad weather. Mr. Christiansen stated that the driveway is about 15' off the lot line with a 6% grade in that area, therefore, that is very unlikely to happen. Mr. Rowen asked what is the elevation of the driveway and Mr. Christiansen replied two feet higher than the existing grade . On a motion by Mr. Angles, seconded by Mr. Rowen, the Board voted unanimously to close the public hearing and directed staff to draft a decision for the next meeting. 4 The North Andover Planning Board held a regular meeting on Tuesday evening, October 1, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Albert Angles, Associate Member, Richard Nardella and John Simons . A draft decision was prepared by Ms . Colwell for the Board to review. On a motion by Mr. Rowen, seconded by Mr. Simons, the Planning Board unanimously approved the draft decision as written. Attached are the conditions . Sincerely, S'opIL h V. Mahoney, Chairman North Andover Planning Board 5 1750 Great Pond Road Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Michael and Nancy Rullo, 291 Winter Street, North Andover, MA 01845, dated June 21, 1996, requesting a Special Permit under Section 4.136 paragraph 3(b)(ii) and 3(c)(ii) of the North Andover Zoning Bylaw to allow surface and sub-surface discharge of stormwater within the Non-Discharge Zone of the Watershed Protection District and grading within 250' from the edge of Lake Cochichewick.. FINDINGS OF FACT: In accordance with 4.136(4)the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 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 its findings on the following facts: a) the home will be connected to the Town sewer system; b) storm water mitigation trenches will be constructed along the edge of the driveway to catch and treat all storm water drainage; c) the limit of clearing is restricted to the minimum necessary to construct the driveway; d) retaining walls will be constructed to stabilize the site; e) a construction phasing plan and emergency response plan are required. 2. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed driveway construction as the access to the lot is located within the Non-Disturbance and Non-Discharge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: A. The specific site is an appropriate location for the proposed use as all feasible stormwater and erosion controls have been placed on the site; B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities are provided for the proper operation of the proposed use; E. 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. 1 Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1. 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: Site Development Plan for 1750 Great Pond Road in North Andover,Mass. Prepared for: Michael Rullo Scale: 1"=20' Date: August 27, 1996, rev. Sept. 10, 1996, rev. 9/24/96 Prepared by: Christiansen& Sergi Summer Street Haverhill,MA b) Plan titled: Construction Details for 1750 Great Pond Road in North Andover,Mass. Prepared for: Michael Rullo Scale: 1"=20' Date: August 27, 1996, rev. Sept. 10, 1996, rev. 9/24/96 Prepared by: Christiansen& Sergi Summer Street Haverhill,MA Any changes made to these plans shall be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 2. The following items must be added to the plan: a) the annual mean high water mark of the Lake; b) the edge of all wetland resource areas; c) the non-disturbance and non-discharge zones must be labeled as such; d) the edge of vegetation clearing (limit of work). A note must be added to the plan stating"No clearing is to be done beyond the grading lines within 250' of Lake except as allowed specifically by the Planning Board e) all structures i.e, retaining wall and parking space, must be moved outside of the Great Pond Road right-of-way. 2. Prior to any work on site: a) Proof that the site distance along Great Pond Road is sufficient must be submitted. If the site distance is in sufficient, brush should be cut to allow sufficient sight distance. A 2 blind Driveway sign shall also be installed. b) Soil testing must be performed at the location of each proposed storm water mitigation trenches. Testing must be performed by a certified soil evaluator and witnessed by an agent of the town. A three to four foot separation between the bottom of the facility and maximum ground water elevations must be provided. c) A performance guarantee of five thousand ($5,000) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction 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. d) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. e) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. f) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. 3. Prior to verification of a Certificate of Occupancy: a) No pesticides,'fertilizers, or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to the Planning Board and included in the file. b) Due to the length of the driveway, the structure must contain a residential fire sprinkler system in conformance with the North Andover Fire Department approved design. 4. Prior to release of the Performance Bond: a) The applicant shall submit a certified copy of an as-built plan which shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer in Massachusetts. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 5. In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition# 1. 6. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 3 7. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8. 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. 9. This permit shall be deemed to have lapsed after a two (2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will expire on CC. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 1750 Great Pond Road-Watershed 4