HomeMy WebLinkAboutDecision - 61 COUNTRY CLUB CIRCLE 4/9/2001 Town of North Andover
Office of the Planning Department
Community Development and Services Division •
William J. Scott, Division Director Ar°o .�
27 Charles Street 'SSACHUgt�
Heidi Griffin North Andover,Massachusetts 01845 Telephone(978)688-9535
• Planning Director Fax(978)688-9542
Notice Of Decision
Any appeal shall be filed
Within (20) days after the 9 y�
Date of filing this Noticev
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In the Office of the Town
Clerk g
Date: April 9, 2001 c"3f+
Date of Hearing: April 3, 2001
Petition of: Frank DiNuccio, 62 Rocky Brook Road,North Andover,MA 01845
Premises Affected: 61 Country Club Circle,North Andover,MA
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 4.136.
So as to allow: the construction of a well within the Non-Discharge 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:
Alison Lescarbeau, Chairman
Cc: Applicant John Simons,Vice Chairman
Engineer Alberto Angles, Clerk
Abutters Richard Rowen
DPW Richard Nardella
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
04/09/01
61 Country Club Circle
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the application of Frank DiNuccio, 62
Rocky Brook Road, North Andover, MA 01845, submitted on March 9, 2001, requesting a Special
Permit under Section 4.136 of the Zoning By-Law to allow the construction of a well within the
Non-Discharge Zone of the Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4.136 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 existing structure is connected to the Town sewer system and the proposed well will
have no impact on the sewer system itself
b) A deed restriction will be placed limiting the types of fertilizers that can be used on the
site.
c) A deed restriction will be placed that there will never be a cross-connection to the
domestic water supply.
d) The topography of the site will not be altered substantially.
e) The limit of clearing is restricted to the minimum necessary to construct the proposed
well;
f) Certification has been provided by a registered professional engineer that the installation
of the well will not have an effect on the quality or quantity of runoff entering the
watershed protection district.
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 almost the entire lot
is located within the Non-Disturbance Zone and the 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 f r the he ro osed use as all feasible storm
Pproposed
water and erosion controls have been placed on the site;
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61 Country Club Circle—Watershed Special Permit
04/09/01
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.
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: Plan of Land in North Andover,MA
Proposed Well Construction in Watershed Protection District
For Andover D&G,LLC
Prepared by: Scott L. Giles,R.P.L.S.
50 Deer Meadow Road
North Andover,Mass.
Scale: V =40'
Date: February 17,2001
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 any work on site:
a) A performance guarantee of one thousand ($1000)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.
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61 Count ryClub Circle—Watershed Special Pe
rmit
04/09/01
c) 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. Furthermore
the applicant must also be in compliance with applicable state regulations for the
proposed well construction. The well,the pump and its installation shall be inspected
by both the Electrical and Plumbing Inspectors.
d) The applicant must submit a plan of the Automatic Lawn Irrigation System to the
Department of Public Works for review and approval prior to any work beginning.
The well location must be either one of the two locations proposed on the plan. The
preferred location is Option #2 since it if further away from any lot line that could.
have a negative effect on the water quality. Also, the DPW must be informed 48
hours prior to installation for DPW to perform inspections. A rain or moisture
sensing device must be included as part of the automatic Lawn Irrigation System to
limit the draw from the aquifer that feeds the municipal water supply. No part of the
Automatic Lawn Irrigation System shall be in the right of way (street) and that
portion of Lot 4 that is shown and designated the"Retention Pond,Drainage&Access
Easement#3".
e) A memorandum from the Department of Public Works indicating that the well has been
installed while they performed inspections must be provided to the Planning Department.
f) There will never be a cross-connection to the domestic water supply. 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
g) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The
applicant shall provide the Town Planner with a list of products which will be utilized for
lawn care maintenance and the list of products must be deemed acceptable by the Town
Planner. 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.
h) A certificate of occupancy shall not be issued for the at 61 Country Club Circle until the
above condition 2(g)have been met.
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 applicant shall submit an as-built plan to the Department of Public Works that
shows the Automatic Lawn Irrigation System. The applicant must submit a letter
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61 Country Club Circle—Watershed Special Permit
04/09/01
from the Department of Public Works to the Planning Department that states the
automatic lawn irrigation system and the well have been constructed in accordance
with the plans and to their satisfaction.
c) 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
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,it's
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
on which the Special Permit was granted unless substantial use or construction has
commenced.
cc. Applicant
Engineer
File
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61 Country Club Circle—Watershed Special Permit