HomeMy WebLinkAboutDecision - 1939 GREAT POND ROAD 3/5/2002 Town of North Andover f 40RTH
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Office of the Planning Department _
Community Development and Services Division
Ilk 27 Charles Street
North Andover, Massachusetts 01845 CHUSE�
Telephone (978)688-9535
Fax (978) 688-9542
a;sed from date f rl =i0+
ut filing of an 0
Dat2 a .
Notice Of Decision ioyce A.Braldai taus
Any appeal shall be filed
Within (20) days after the
Date of filing this Notice
In the Office of the Town �CD n s:
Clerk ' `
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Date: March 5, 2002 D CD °�, o
Date of Hearing: January 22520gx
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Petition of: Frank J. Ragonese
Premises Affected: 1939 Great Pond Road, North Andover, MA 01845
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 4. 36.
So as to allow: the razing of an existing dwelling and construction of an approximate 1 320 I
square foot 2 story wood framed dwelling within the Non-Disturbance Zone of the Watershed
Protection District.
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit for Watershed Protection District, based upon the following conditions:
Signed: IL3
ltrt'o S ons, Chairman
Cc: Applicant Angles, Vice Chairman
Engineer Richard Nardella, Clerk
Abutters Richard Rowen
DPW
Building Department
Conservation Department
Health Department
ZBA ATTEST:
A.True Cope
BOARD OP APPEALS 688-9541 BUILDNG 688-9545 CONSERVATION 688-9530 HEA1 tH 688-9546 PLANNING 688-9535
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1939 Great Pond Road
Special Permit- Watershed Protection District
The Planning Board makes the following findings regarding the application of Frank J.
Ragonese, 1939 Great Pond Road,North Andover, MA 01845, submitted on December 18,
2001, requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the
razing of the existing dwelling and construction of an approximate 1320 square foot 2 story
wood framed dwelling in the Non-Disturbance Zone of the Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4.135 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:
I. 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 lot is located in the Residential-1 Zoning District with a previous dwelling
in place.
b) The proposed dwelling will be connected to the Town sewer system; The
proposed utility service will connect into existing services of the relocated
dwelling. Sewer, water, gas and electric services already exist on site.
c) A deed restriction will be placed limiting the types of fertilizers that can be used
on the site.
d) The topography of the site will not be altered substantially. A dwelling already
exist on site, thus the proposal will have no further impact on the watershed
district or create additional impervious area for access.
e) The limit of clearing is restricted to the minimum necessary to construct the
proposed dwelling. Also, haybales and silt fence will be placed for ensured
erosion control.
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 K
storm water 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 with an existing dwelling;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
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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 h"armony 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 conditions:
SPECIAL CONDITIONS:
1) This decision must be fled with the North Essex Registry of Deeds. The following
information is included as part of this decision:
a) Plan titled: Town of North Andover
Watershed Special Permit Plan showing
Removal &Replacement of Residence at
1939 Great Pond Road
North Andover,MA 01915
Prepared for: Mr. Frank J. Ragonese
1939 Great Pond Road
North Andover,MA 01845
Prepared by: RES
Riverside Engineering Services
12 Maple Street
West Newbury, MA 01985
.Scale: 1'=40'
Date: 12110101, revised 1122102
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 four thousand ($4000) 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.
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b) The 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, I
d) The site shall have received all necessary permits and approval 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.
e) All plans for the connection to the municipal sewer must be reviewed and approved
by the Division of Public Works. Proof of payment for any sewer mitigation fees
required by the Division of Public Works must be supplied to the Planning
Department.
f) A construction phasing plan and emergency response plan are required to be
provided to the Town Planner prior to any construction commencing.
g) A copy of the decision, recorded at the Registry of Deeds, must be provided to the
Planning Department,
3) Prior to a Certificate of Occupancy:
a) The use, or method of application of, any lawn care or garden product (fertilizer,
pesticide, herbicide) that may contribute to the degradation of the public water
supply are prohibited as sited in the Zoning Bylaw Section 4.136ciii. The
applicant shall incorporate this condition as a deed restriction; a copy of the
deed shall be submitted to the Town Planner and included in the file.
b) The structure must contain a residential 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 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.
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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. 1
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
S) 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,
March 5, 2002 on which the Special Permit was granted unless substantial use or
construction has commenced.
cc, Applicant
Engineer
File
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