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HomeMy WebLinkAboutDecision - 1789 GREAT POND ROAD 12/8/2004 Town of North Andover f Noe*H OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 400 Osgood Street '��`�•o;"'�; North Andover, Ma 01845 - �ss�c►+use< � I HEIDI GRIFFIN Director Fax(978)688-9542 (978)688-9531 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing of this notice in the Office of the Town Clerk,Town of North Andover. Date: December 8,2004 Date of First Hearing: Sept.23,2003 thru November of 2004 Decision: December 7,2004 Petition of: Richard J.Arnone 220 Broadway,#101,Lynnfield,MA 01940 Premises affected: 1789 Great Pond Road Map 35,Lot 40,size of lot 58,101 square feet Referring to the above petition for a Watershed Protection District Special Permit. The application was noticed and reviewed in accordance with the procedures for approval described in Section 4.136, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9. So as to allow: for the construction of the single-family dwelling that will occur within the Non- Discharge Zone,while the construction of the proposed driveway and underground utilities will occur within the Non-Disturbance Zone. At a public hearing given on December 7,2004,upon a motion made by Richard Nardella and 2°d by Felipe Schwarz the Board voted to approve a Watershed Protection District Special Permit for 1789 Great Pond Road based on the following conditions. Signed Alberto Angles,Chairman George White,Vice Chairman Felipe Schwarz,Clerk John Simons Richard Nardella James Phinney �diTS9 1 BOARD OF APPEALS 388-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1789 Great Pond Road Map 35,Parcel 40 Special Permit-Watershed Protection District The Planning Board hereby grants the Watershed Protection District Special Permit,and makes the following findings based on the application of Richard J.Arnone,220 Broadway,#101,Lynnfield,MA,who submitted this application on September 23,2003. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9. The area affected is located off Great Pond Road in the R-1 Zoning District and is identified in the Assessor's Map and Parcel Numbers shown on the plans cited in Special Condition#1 below. The applicant is requesting a watershed special permit in order to permit certain work related to the construction of a 3,400 square foot single-family dwelling,driveway and related grading in the Non-Disturbance Buffer Zone and Non- Discharge Buffer Zone of the Watershed Protection District. Specifically,the construction of the single-family dwelling will occur within the Non-Discharge zone,while the construction of the proposed driveway and underground utilities will occur within the Non-Disturbance Zone. FINDINGS OF FACT: In accordance with Section 4.136 of the Zoning Bylaw,the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,is 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 fads: a) The proposed dwelling will be connected to the Town sewer system; b) A covenant will be placed in the deed limiting the types of T�rtilizers that can be used on the site. c) The topography of the site was altered but has been minimized so as to reduce the net amount of impervious area created. d) The limit of clearing is restricted to the minimum necessary to construct the structures and appurtenances; e) A construction phasing plan and emergency response plan are provided. 2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone and Non-Discharge Zone for any discharge,structure or activity, associated with the proposed project. All homes,impervious areas and utilities are shown in areas that are allowed by right under Section 4.136 of the North Andover Zoning Bylaw. The proposed dwelling and driveway have been located as to minimize the grading and earthwork required to complete the project and restore vegetative cover as quickly as possible. Furthermore,the applicant has placed the construction of the proposed dwelling as far away as possible from the annual high water mark of Lake Cochiewick. In accordance with Section 1031 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 storm water and erosion controls have been placed on the site—the proposal has been reviewed by the town's outside consulting engineer, VHB, to ensure that adequate stormwater controls are in place; also the applicant filed for a Request for Determination of Applicability and received a negative determination by the Conservation Commission on October 22,2003; b) The use will not adversely aged the neighborhood as the lots are located in a residential zone;the proposed single family dwelling is adjacent to two existing residential lots; c) There will be no nuisance or serious hazard to vehicles or pedestrians as the driveway although steep,and potentially inaccessible during severe weather conditions, has been constructed according to acceptable engineering practice. In addition, the proposed single-family residence will have a sprinkler system 2 on to the residence. Finally,the lower section of the driveway is already installed to provide further protedi y .serve as additional access to the single- utilized�sooess Lots B and C and the pr ��entire length to provide traction and support will be family dwelling-,and the proposed driveway for fire apparatus and ambulances on of the proposed use—the house d) and appropriate facilities are provided for the proper Werati a soil sewer and underground utilities for electric cable and telephone services; will be serviced by well has been sized percolation test was conducted by the Board of Health Consultant to ensure that the dry to the at the base of the proposed driveway and is connected properly,and a c�basin has been added Department closed drainage system located on Cwt Pond Road via a piped connection as requested by th e Purpose of Public Works finding that the use is in harmony with the general purpose and e) 11ne Planning Board also makes a specific intent of the North Andover Zoning Bylaw since the use meets all the perfiormance standards and criteria of the Zoning Bylaw described above. reaching the above findings,the Planning Board approves this Special Permit based upon the following eondidons: Upon 8 l) is included as part of This decision must be filed with the North Essex Registry'of Deeds. The following information this decision: P4u twed: Proposed Site Plan,Map 35,Lot 40, Great Pond Road a) Date& 8/14/03,revised 9/16103,10115/03,n'Md t t5144 Applicant: Richard Arnie Civil Engineer: McKenzie Engineering Group,Inc. 196 Central Street Saugus,MA 01906 Shy: 1-3 Scale: 1"=20' b) Report titled: Roof Drywell Sizing Calculations for 1789 Great Pond Road Prepared>� McKenzie Engineering Group,Inc. 196 Central Street Saugus,MA 01906 paw October 31,2003 an insubstantial changes made to these plans and reports.Any chaego c) The Taws Planner",approve Y be ° il presented to the PlaaninS Board for a deemed substantial by the Town Pioneer shall and/or tw of whether such changes would merit a public meeting or bearing mom cation of the Special Permit by the Planning Board. 2) 8iff.tasMXXMdt ALSHM a A perhxmance guarantee of five thousand dollars(55,0(10)in the farm 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 b) Tine limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. 3 Permits and approvals from the North Andover Conservation of Public Works and be in compliance with the above d) The site shall have received all necessary Perm Commission, Board of Health, and the Department permits and approvals(copies of which should be provided to the-Planning Office.) tans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. e) All P adhered to during on mg Plan as shown on sheet 3 of 3 of the submitted plan shall be strictly rim and Summer f) A con�n 'phas m sequence outlined on sheet 3 of 3 is followed for Spring) construction. 'floe standard constructs Seq the late fall and winter months,the contractor should follow the ion. 1f construction is ongoing during fanned during the winter months(Dec.thru following erosion control measures: If construction activities are P as to the specific construction March) then the North Andover Planning Board shall be notified in writing Properly installed before the activities and erasion control measures [f habales and siltation fence have not be led properly an ground then construction activities should not continence until they or a openly o mix approved alternative(filter berm)is approved. Exposed soil areas should be covered with hay the lake. to prevent the migration of fines toward construction An emergency responSe plan is required to be provided to the Town Planner prior to any g) commencing, _ fan or hot top with shall be paved its entire length using the bituminous concrete as shown on the p h) The driveway for fire apparatus and ambulances• suitable subsurface to provide traction and supper completion of the dwelling foundation and prior to further construction 3) EWR&fiUMa'Immediately upon complete a lan prepared by a Registered professional Land activities associated with the site,the applicant shall comp P to wetland resource areas and and Surveyor(R.P.L.S.)which accurately depicts the foundation locati�PIann. S proximity shall be submitted to the Town watershed buffer zones as shown on the approved Watershed Spec it have been met. (The applicant is required Planner for review to verify that the setback limits under the special perm concerns in the matter of the appropriate placement of the foundation) The to take all responsibility to address any will not exceed 4'in height. p1°l d retaining wall at the rear of the property The applicant shall adhere to the following requirements of the Fire Department and the Building Department: to the construction of the driveway at the approved grades. To minimize ent is opposed rem. The plans and a) The Fire Departtn all structures must contain a residential fire sprinkler sys b the North the risk to public safely, and hydraulic calculations for each residential system must also be hydraulic calculations for each ranesidentiayl system shall be submitted for review an approval Andover Fire Department. supplied to the Building Department. be b) All vegetative fuels shall have been removed in accordance with Condition 2G above and must inspected and approved by the Fire Prevention Officer- grad g on plan 10/15/04)and approved by c) (Grading plan shall be provided and coincide with approved dated the Town Planner. retasning walls over 4'high on unbalanced fill. d) Building permits must be obtain el fuels located dwelling and construct �� m die vicinity of the proposed g e) The applicant shall clear the vegO2fi lets' The applicant shall mark the clearing of the vegetative fuels in appropriate"fire wise landscaping"in its p verifiction from the Fire the field and this must be reviewed and approved by the Fire Prevention Officer Prevention Office must be provided to the Planning Office). 5) 4 a) The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 Chit,Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulattans must be provided from both the North Andover Fire Department and the North Andover Building Department b) The Town Planner shall be provided with a copy of the deed to each residential lot which shall include a deed restriction which provides that no pesticides,fertilizers or chemicals shall be used in lawn care or maintenance for that Id and provides that all requirements contained within this special permit shall.be maintained in perpetuity so long as the lot is utilized for residential purposes. c) Ilse applicant shall utilize the existing brick marker to display the house numbers for identification Purposes' have the street numbers of all houses engraved on all Sour sides of the stone,and all ,,be brick marker shall The numbering an the stone shall be 4"in height. anc brick marker shall i established tor)an ill be inspected by the Town determined by the Fire Department(in accordance with the 911 coordinate) Planner to ensure this condition has been met.depicting that the topography and the final grades of the site were d) The applicant shall submit an asrbuilt plan cep' g staff shall review the site. Any mitigation due to built in accordance with the approved plans. The Planning hcant's ex se. over cutting,etc.,as may be reasonably required by the Planning staff shall be added at the app Pen 6) ;th Performance Rnnd: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all on, including sewer lines, storm water mitigation trenches and other pertinent site ent of Public Works for approval. This as-built plan shall be submitted to the Town Planner and the Deaf the and work was applicant must submit a certification from the design engineer that the site was constructed perSormed in accordance with standard engineering practice)as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. In no instance shall the app construction be allowed to further impact the site than as proposed on n applicants proposed the plan referenced in Condition# 1. burning season under the Fire Department regulations. $) No open burning shall be done except as is permitted during g 9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all stiooessors and assigns in interest or control. I1) This permit shall be deemed to have lapsed after a two-(2)year period from the date on which the Special Permit was granted(on December 2006)unless substantial use or construction has commenced. cc: Applicant DPW Building Dept. Conservation Dept. Health Dept. Assessors Police Chief Fire Chief ►,i/a*I*aw.i ✓17s9>WiSiW SPOc W Pant 5