Loading...
HomeMy WebLinkAboutMiscellaneous - 121 CARTER FIELD ROAD Town of North Andover NORTH Oft��eu �1�0 Office of the Planning Department Community Development and Services Division William J. Scott, Division Director " -=��• ' 27 Charles Street ss�c►iugf`�g North Andover,Massachusetts 01845 Julie Parrino Telephone(978)688-9535 Town Planner Fax(978)688-9542 Notice Of Decision Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk 4b Date: April 21,2004 Date of Hearing: April 6,2004 Decision: April 20, 2004 Petition of: Thomas D. Zahoruiko 121 Carter Field Road,North Andover,MA 01845 Premises Affected: 121 Carter Field Road,'North Andover, MA 01845 Referring to the above petition for a Watershed Special Permit. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L. Chapter 40-A,sec 11 So as to allow: The construction of an inground swimming pool, concrete terrace, fencing and retaining walls located within the Non-Discharge Zone of the Watershed Protection District. After a public hearing given on the above date,the Planning Bo I vote o APP VE, the Watershed Special Permit, based upon the following co s: Si erto le , Chairman Cc: Applicant yedrge W i ,Vice Chairman Engineer Felipe Sch arz, Clerk Abutters John Simons DPW James Phinney Building Department Conservation Department Health Department ZBA . Fri BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 n 121 Carter Field Road (Lot 3) Special Permit- Watershed Protection District The Planning Board makes the following findings regarding the application of Thomas D. Zahoruiko, 121 Carter Field Road,North Andover; MA 01845 filed on March 5, 2004. The area affected is located at 121 Carter Field Road in the R-1 Zoning District, Map 62, Lot 2. The lot was created after 1994 and is subject to the Watershed Protection District provisions for lots created after October 24, 1994. The applicant is requesting a Watershed Special Permit for the construction of an in-ground swimming pool, concrete terrace, fencing and retaining walls located within the Non-Discharge of the Watershed Protection District. Public hearings were held on April 6, 2004. A Watershed Special Permit was issued by the Planning Board on December 27, 2002 for construction of a 17 lot single family homes, a roadway, stormwater management structures, associated grading and utilities,in the Conservation, Non-Disturbance and Non-Discharge Zone. A Watershed Special Permit for the pool is being issued in addition to the Watershed Special Permit previously issued for the house construction permitted under the Subdivision Watershed Special Permit. 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 proposed structures will be connected to the Town sewer system; b) A covenant will be placed in the deed restricting and limiting the types of fertilizers that can be used on the site. c) The filtration system being proposed for the pool includes a "Pentair" FNS Diatomaceous Earth Filter with strainer and in-line disinfector, "Vision Nature 2" passive ionizer to reduce chlorine usage by 75%,(reduces PPM from 2.0 ppm to 0.5 ppm), supplemented by a "Andrews Advantage" In-floor Circulation and Cleaning system which provides reductions in energy and chemicals of an additional 40%.The filtration system will be accompanied by a Separation Tank, which allows clearing of debris and diatomaceous earth while returning the discharge water directly back into the pool; eliminating external back-flushing discharge. Use of this particular type of filtration system, or its equal or better will be placed in the deed. d) The topography of the site will not be altered substantially. e) The limit of clearing is restricted to the minimum necessary to construct/renovate the structure and appurtenances; f) This decision is being issued in addition to the decision issued on December 27, 2002 for construction of the house. All conditions required in that decision must be adhered too in addition to the conditions required under this permit. 2. There is no reasonable alternative location outside the Non-Discharge Buffer.Zone, for any discharge,structure or activity,associated with the proposed project. 3. 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 storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the use is accessory to an existing single family; 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) Town of North Andover Planning Board Application for Watershed Special Permit filed by Thomas Zahoruiko on March 5,2004; b) Plans entitled: Pool Layout Plan, Sheet 1, Terrace Details, Sheet 2, Project: Zahoruiko Residence,NorthAndover,Massachusetts,prepared by Huntress Associates, Inc., Landscape .,Architecture & Land 'Planning, 17 Tewksbury; Street, Andover, Massachusetts 01810, dated 3%2/04, stamped by Frank C. Monteiro,P.E. and Christian Huntress,Registered Landscape Architect. c) Certification Letter: • Prepared by Frank Monteiro, P.E. dated March 4,2004; d) Drainage Calculation: • Prepared by MHF Design Consultants, Inc. 103 Stiles Road, Suite One, Salem,NH 03079, dated March 15,2004, stamped by Frank Monteiro,P.E.; 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 dollars ($1,000) 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 thews-built plans will be submitted. ,* 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. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d) 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. 3) PRIOR TO THE ISSUANCE OF A BUILDING PERNHT: a) . The decision must be filed with the North Essex Registry of Deeds.One certified copy of the recorded decision must be submitted to the Planning Department. b) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 400' of Lake Cochichewick or within 400' of wetland resource areas. 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. c) The pool filtration system proposed is a "Pentair" FNS Diatomaceous Earth Filter with strainer and in-line disinfector, "Vision Nature-2" passive ionizer to reduce chlorine usage by 75% (reduces PPM from 2.0 ppm to 0.5 ppm), supplemented by a "Andrews Advantage" In-floor Circulation and Cleaning system which provides reductions in energy and chemicals of an additional 40%. The filtration system will l be accompanied by a Separation Tank, which allows clearing of debris and diatomaceous earth while returning the discharge water directly back into the pool, eliminating external back-flushing discharge. This filtration system must be incorporated into the deed as a restriction and use of this system or its equal or Y better must be used in perpetuity on the site. Changes of the type of pool filtration system used must be reviewed and approved by the North Andover Planning Board. Failure to comply with this condition will result in revocation of the Special Permit. 4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) Foundation Plan: Immediately upon completion of the pool foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 5) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction,limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted 40 the Town Planner and the Department of Public Works for approval. The applicant must submit a written stamped and signed,certification letter from the design engineer that the site was constructed as shown on the approved plan. Any and all changes from the original plans must be clearly identified in the letter. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) 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. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prigr to commencing excavation. 9) 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. 10) This Special Permit approval shall be deemed to have lapsed April 20, 2006 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period. Substantial use or construction will be determined by a majority vote of the Planning Board cc: Applicant File Y Town of North Andover µORT~ Offi• F�r pa���e°ea+stiCO7D ce of the Planning Department Community Development and Services Division William T. Scott, Division Director '� °� �=�• 27 Charles Street Julie Parrino P ( )978 hone North Andover,Massachusetts 01845 Tele 688-9535 Town Planner Fax(978)688-9542 Notice Of Decision Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Date: April 21,2004 Date of Hearing: April 6,2004 Decision: April 20, 2004 Petition of.- Thomas D. Zahoruiko 121 Carter Field Road,North Andover,MA 01845 Premises Affected: 121 Carter Field Road,'North Andover, MA 01845 Referring to the above petition for a Watershed Special Permit. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L. Chapter 40-A,sec 11 So as to allow: The construction of an inground swimming pool, concrete terrace, fencing and retaining walls located within the Non-Discharge Zone of the Watershed Protection District. After a public hearing given on the above date,the Planning Bo votAPP� VE, the Watershed Special Permit,based upon the following co diti s: 1' f f erto A40,Chairman Cc: Applicant "eorge"#,Vice Chairman Engineer Felipe SchvVarz,Clerk Abutters John Simons DPW James Phinney Building Department Conservation Department Health Department ZBA BOARD OF APPEALS 688-9541 BIT 1,DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �' 121 Carter Field Road (Lot 3) Special Permit-Watershed Protection District The Planningm h Board makes the following findings regarding the application of Thomas D. Zahoruiko, 121 Carter Field Road, North Andover, MA 01845 filed on March 5, 2004. The area affected is located at 121 Carter Field Road in the R-1 Zoning District, Map 62, Lot 2. The lot was created after 1994 and is subject to the Watershed Protection District provisions for lots created after October 24, 1994. The applicant is requesting a Watershed Special Permit for the construction of an in-ground swimming pool, concrete terrace, fencing and retaining walls located within the Non-Discharge of the Watershed Protection District. Public hearings were held on April 6, 2004. A Watershed Special Permit was issued by the Planning Board on December 27, 2002 for construction of a 17 lot single family homes, a roadway, stormwater management structures, associated grading and utilities,in the Conservation, Non-Disturbance and Non-Discharge Zone. A Watershed Special Permit for the pool is being issued in addition to the Watershed Special Permit previously issued for the house construction permitted under the Subdivision Watershed Special Permit. 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 proposed structures will be connected to the Town sewer system; b) A covenant will be placed in the deed restricting and limiting the types of fertilizers that can be used on the site. c) The filtration system being proposed for the pool includes a "Pentair" FNS Diatomaceous Earth Filter with strainer and in-line disinfector, "Vision Nature 2" passive ionizer to reduce chlorine usage by 75% (reduces PPM from 2.0 ppm to 0.5 ppm), supplemented by a "Andrews Advantage" In-floor Circulation and Cleaning system which provides reductions in energy and chemicals of an additional 40%. The filtration system will be accompanied by a Separation Tank, which allows clearing of debris and diatomaceous earth while returning the discharge water directly back into the pool, eliminating external back-flushing discharge. Use of this particular type of filtration system, or its equal or better will be placed in the deed. d) The topography of the site will not be altered substantially. e) The limit of clearing is restricted to the minimum necessary to construct/renovate the structure and appurtenances; f) This decision is being issued in addition to the decision issued on December 27, 2002 for construction of the house. All conditions required in that decision must be adhered too in addition to the conditions required under this permit. 2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone, for any discharge, structure or activity, associated with the proposed project. 3. 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 storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the use is accessory to an existing single family; 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) Town of North Andover Planning Board Application for Watershed Special Permit filed by Thomas Zahoruiko on March 5,2004; b) Plans entitled: Pool Layout Plan, Sheet 1, Terrace Details, Sheet 2, Project: Zahoruiko Residence,North Andover,Massachusetts,prepared by Huntress Associates, Inc., Landscape Architecture & Land Planning, 17 Tewksbury Street, Andover, Massachusetts 01810, dated 3/2/04, stamped by Frank C. Monteiro,P.E. and Christian Huntress,Registered Landscape Architect. c) Certification Letter: • Prepared by Frank Monteiro,P.E. dated March 4, 2004; d) Drainage Calculation: • Prepared by MHF Design Consultants, Inc. 103 Stiles Road, Suite One, Salem,NH 03079,dated March 15, 2004, stamped by Frank Monteiro,P.E.; 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 dollars ($1,000) 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) 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. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d) 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. 3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. b) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 400' of Lake Cochichewick or within 400' of wetland resource areas. 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. c) The pool filtration system proposed is a "Pentair" FNS Diatomaceous Earth Filter with strainer and in-line disinfector, "Vision Nature 2" passive ionizer to reduce chlorine usage by 75% (reduces PPM from 2.0 ppm to 0.5 ppm), supplemented by a "Andrews Advantage" In-floor Circulation and Cleaning system which provides reductions in energy and chemicals of an additional 40%. The filtration system will be accompanied by a Separation Tank, which allows clearing of debris and diatomaceous earth while returning the discharge water directly back into the pool, eliminating external back-flushing discharge. This filtration system must be incorporated into the deed as a restriction and use of this system or its equal or better must be used in perpetuity on the site. Changes of the type of pool filtration system used must be reviewed and approved by the North Andover Planning Board. Failure to comply with this condition will result in revocation of the Special Permit. 4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) Foundation Plan: Immediately upon completion of the pool foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 5) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a written stamped and signed, certification letter from the design engineer that the site was constructed as shown on the approved plan. Any and all changes from the original plans must be clearly identified in the letter. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) 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. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9)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 10) This Special Permit approval shall be deemed to have lapsed April 20, 2006 (two p p years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial,use or construction has commenced within said two year period. Substantial use or construction will be determined by a majority vote of the Planning Board cc: Applicant File