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HomeMy WebLinkAboutDecision - 919 GREAT POND ROAD 8/19/2003 Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street ° North Andover, Massachusetts 01545 http://www.townofnorthandover.com'Town Planner: iwaads�townofnorthandover.cam P (975) 655°9535 J. Justin Woods F (975) 655-9542 NOTICE OF DECISI®N SENT LISPS VIA CE RTMED MAIL RETURN RECEIPT QUESTED 919 Great Pond Road Assessors Map 1.03,Lot 17 Special Permit-Watershed Protection District Registry:Book 4403,184 The public hearing on the above referenced application was opened and closed by the North Andover Planning Board on August 5, 2003. Bob Daley, PE, of Merrimack Engineering Services, appeared on behalf of the petitioner,ACM Development. On August 19, 2003, Nardella made, and Simons seconded, a motion to grant a 'Watershed Special Permit to allow for the construction of a 700 square foot two stall garage with great room,modifications to floor plan, and the addition of a front deck and enlargement of the rear deck within the Non-(Discharge Zone 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 by Andrew Matses, President, ACM Development, 200 Sutton Street, North Andover, MA, 01845. The original application, excluding revised documentation, as cited herein, was filed with the Planning Board on submitted on June 20, 2003 with subsequent submittals on file. 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 voted on the motion by a vote of 4 in favor to 0 against (Phinney voted, White abstained, Schwarz not present). A special permit issued by a special permit granting authority requires a vote of at least four members of a five-member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning Bylaw. Accordingly, the Application for the Site Plan Special Permit is approved with the attached conditions. 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, Respectfully Submitted: p < a �J s n Woods,Town Planner for'the North Andover Planning Board: Alberto Angles,Chairman George White,Vice Chairman Felipe Schwarz,Clerk John Simons Richard Nardella James Phinney,Associate Member BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 919 Great Pond Road Watershed Protection District August 20,2003 Page 2 of 3 Appendix A In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw,as well as its specific criteria,are met. Specifically 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 Cochichowick. The Planning Board bases this finding on the following facts: a) The existing dwelling is connected to the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the 4nimum necessary to construct the proposed attached breezeway and two stall garage; e) Certification has been provided by a registered professional engineer that the installation of the attached breezeway and two stall garage will not have an effect on the quality or quantity of.runoff entering the watershed protection district. fl The construction of the attached two stall garage has been reviewed by the town's outside engineering consultant, VBB, and with the application of the erosion control and use of organic low nitrogen fertilizers, there will be no degradation to the quality of quanity of water in or entering Lake Cochichewick or any wetlands. 2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge,structure or activity, associated with the proposed project as ahnost the entire lot is located within the Non-Discharge Zone. 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 storm water and erosion controls have been placed on the site; 2. The use will not adversely affect the neighborhood as the lot is located in a residential zone; 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 Zoning Board of Appeals granted a dimensional variance for relief of the left side setback of 16.5' to allow the addition of the attached breezeway and two stall garage 6. 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) 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: Plan of Land Showing proposed Site Improvements in North Andover,MA Prepared for: ACM Development,200 Sutton Street,North Andover,MA 01845 Prepared by: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Scale: 1"=20' Date: June 20,2003 and last revised August 4,2003 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 919 Great Pond Road Watershed Protection District August 20,2003 Page 3 of 3 b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of three thousand ($3,000) 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. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 3) Prior to release of the Performance Bond: a) 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. The applicant must submit a certification from the design engineer that the site was constructed 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. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition# 1. 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 permit shall be deemed to have lapsed after a two- (2) year period from the date August 20, 2003 on which the Special Permit was granted unless substantial use or construction has commenced. CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535