HomeMy WebLinkAboutMiscellaneous - 340 JOHNSON STREET 310 CMR 10.99
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FGtTTt Z DEP File NO.
(To be provided by DEP)
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CitviTown North Andover
Commonwealth
_ of Massachusetts ADDhCant David J. Minicucci
1TW:J
' July 21, 1994
4340 Johnson Street Date Romeo Filed
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From NORTH ANDOVER CONSERVATION COrZIISSION Issuing Authority
To David J. Minicucci Same
(Name of person making request) (Name of property owner)
340 Johnson Street
Address North Andover. MA 08145 Address
This determination is issued and delivered as follows,
by hand delivery to person making reques nl" (date)
E by certified mail,return receipt requested on (date)
Pursuant to the authority of G.L.c. 131, §40. the North Andover Conservation Commission
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the following determination(check whichever is applicable):
Location: Street Address #340 Johnson Street
Lot Number: Lot C-1
1. p The area described below,which includes ail/part of the area described in your request, is an
Area Subject to Protection Under the Act.Therefore, any removing,filling, dredging or
altering of that area requires the filing of a Notice of Intent.
2. 7 The work described below.which includes all:part of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area.There-
fore, said work reauires the filing of a Notice of Intent.
Effective 111'10189
2.1
3_ The work described below, which in:iudes all:part of the work oescnbed in vour reouest. is within
the Butter Zone as defined to the regulations. and will alter an Area Suniect to Protection Under
the Act.Therefore,said work reoutres the filing of a Notice of Intent
This Determination is negative:
D The area described in your request is not an Area Subject to Protection Under the Act
2, The work described in your reouest is within an Area Subject to Protection Under the Act. but will
r said not reouire the fihno of a
or alter that area.Therefore, s d work does oes _
not remove, fill, dredge,
Notice of Intent. Erosion controls are to be installed and maintained.
3. D The work described in your reouest is within the Buffer Zone. as defined to the reputations. but will
not alter an Area Subject to Protection Under the Act. T herefore, said work does not reouire the
filing of a Notice of Intent.
4. D The area described in your reouest is Subject to Protection Under the Act. bu?since the work
described therein meets the requirements for the foliovnno exemption.as specified in the Act and
the regulations, no Notice of Intent is required
issued by NORTH ANDOVER Conservation Commission
6
Signature(s)
This Determination must be sioned by a majority of the Conservation Commission.
On this 3rd day of 1 QLD. before me
personally appeared �it to me known to be the
person described in. and who executed, the toreooino instrument. and acknowiedoed that he!she executed
the same as hisl4r tree act and deed.
Notary Public My commission expires
This Determination ones not relieve the applicant 1ro'n comDlymp with all other a?oltc25te federalstare o'local statutes.Ordinances.
by-taws or reputations This Determination shall be vatic for three years form the oate of issuance
The applicant.the owner.any person aggrieved by this Determination.any owner o1 land ebunmo the land upon wrn:h the oroDosed work
is to be aone.or any len resioents of the city or town to wntcn such land is locale.,are nereby ndtifted 0'their ri0nt to reouest the DBoanment
of Environmental Protection to issue a Supersedino Determination of fwDliceDiliy,orovioino the reouest is maoe ov cendiec mail or hand
delivery to the Department.with the appropriate fihno fee and Fee Transmittal Form as provioed in 310 CfdA 10.03(7i wrinin ten aeys from
the date of issuance of this Determination.A copy of the reouest snail at the same time be sent by certified mail or nano oeirvery to the
Conservation Commission and the applicant.
�.1)
2a 1 ,+
TOWN OF NORTH ANDO` i t:TH .
MASSACHUSETTS
A31 '
PLANNING BOAR : '
APPLICATION FOR SPECIAL PERMIT.
NOTICE: This application must be typewritten
Applicant: David J. Minicucci Address:340 Johnson Street
_ 1. Application is hereby made
(a) For a Special Permit under Section 4 , Paragraphl36 _
of the Zoning Bylaw.
2 . (a) Premises affected are land x and buildings x
numbered340 Johnson Street.
(b) Premises affected are property with frontage on th,-
North South East x West side of
Johnson Streets known as No. 340 Johnson
Street.
(c) Premises affected are in Zoning District R-3
r the premises affected have an area of 27.173
and frontage of 125 feet.
3 . Ownership:
(a) Name and Address of owner (if joint ownership, give a?
names)
David J. Minicucci
Date of purchase 1983 PrdVious owner Calzetta
-- (b) If applicant is not owner, check his interest in the
premises:
Prospective purchaser
Leasee
Other (explain)
4 . Size of proposed building: 0 front: 0 feet deet.
Height: 0 stories: 0 feet.
(a) Approximate date of erection 0
(b) Occupancy or use (of each` floom)
(c) Type of construction
P
5 . Size of Existing Building: 75 feet front: 54 feet deet.
Height: 14 stories 24 feet.
(a) Approximate date of erection 1983
(b) Occupancy or use (of each floor)Residential
6. Has there been a previous application for a Special Permit
from the Planning Board on these premises? Yes
If so, when 1983, at time of original construction.
7 . Description ofppurpose for which _Special Permit is sought on
this petition: tor installation of 18x36 inground pool, with—
concrete apron approximately 6-8 feet surrounding pool, with
appropriate fence.
8 . Deed recorded in the Registry of Deeds in Book 3388 Page 21
or Land Court Certificate No. Book Paga
9 . The principal points upon which I base may application are
as follows:
.(must be stated in detail) Seeking permission to
install an inground pool as a source of how-impact thera utic
exercise for my wi'te who suffers trom osteo arthritis. Topo of
existinglot is level and stable, entirely grassed. Minimum
excavation and construction istur ante required. All mandated
necessary sa egaur s would Be a ere to, i.e siltation tence,
de-watering plan, etc.
I agree to pay for advertising in paper and pogArage fee for
mailing legal notices to "Pa 1 s -
(Petitione
r
Every application for action by the made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication supporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein. e
Every application shall be submitted with a list of "Parties in
Interest" which shall include the petitioner, abutters, owners of
land directly opposite on any public or private street or way and
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recentapplicable
tax list, notwithstanding that the land of such owner is located
in another city or town, the Planning Board of the Town and the
Planning Board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAMES ADDRESS
SEE ATTACHED LIST
_p
Add additional sheets if necessary
Any question should be directed to the Planning Office
s
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
MAP IPARCEL LOT NAME ADDRESS
37D 26 1 Minicucci Jobnson Street.
ABUTTERS
MAP jPARCEL LOT NAME ADDRESS
37D 25 u ene and Judith Rgilly 316 Johnson Street
37D 124 id ewood Cemeter 3 Johnson Street
-TV15 ivek Pandit `'364 Johnson Street
98A 1ary S- Hoag
t338
72 evin and Alison S arks
E116Q eter and Judith Cittadini417 Abbott Street
1161 Uermans Real Estate Trust 429 Abbott Street
NORTH ANDOVER-
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ALL ABOVE MAIL NG ADDR SSES ARE WITHIN E
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DATE
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MUM HUI
TOWN OF NORTH ANDOVER i° ;;
MASSACHUSETTS
3?O4,,1•D ,6,�OQ
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Any appeal shall be filet ;�o - .•
within (20) days after the
SS�CMUSF
date of filing of this Notice
In the Office of the Town NOTICE OF DECISION
Clerk.
This is to certify that twenty f 20)days
have elapsed(mm dateofjecision filed October 17, 1994
without filing of an8pp�a� Date. . . . . . . . . . . . ' ' Ma.. ' .
Date,_A ✓?'�raN f Sept. 20, 1994
Joyce A.Bradshaw Date of Hearing Sept. 20, 19'
Town Clerk
David J. Minicucci
Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Johnson street
Premises affected . 340 . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the North. Andover• Zoning. Bylaw. �. Section. 4.136.Watershed.Protection. District
so as to g , allow the installation of. an 181x361. inground• pool with concrete
apron approximately 6"x8° surrounding pool, with appropriate fence.
. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .
After apub�lic hearing given on the above date, the Planning Board voted
CONDITIONALL
to .APPROV . . . . . . . . .the . . . . .SPECIAL PERMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
cc: Director of Public Works
Building Inspector
j Conservation Administrator
Health Sanitarian Signed �Atzp-k U
Assessors
Police Chief Joseph V. Mahoney,. Vice Chairman
Fire Chief
Applicant Richard Rowen,, Clerk
. . . . • • . . _ .
Engineer
File John •Simons . . . . . . . . . . . • . . . . .• . .
Interested Parties .
Alison Lescarbeau, Associate Member
'planning B oard
i
i OF NOF iiy 1
KAREN H.P. NELSON or °�
Director
Town of 120 Main Street, 01845
BUILDING ;;'=;;;e':`g
NORTH ANDOVER (508) 682-6483
CONSERVATION SS"°FUSES
DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
October 17, 1994
Ms. Joyce Bradshaw,
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Special Permit
Watershed Protection
District - 340 Johnson
Street
Dear Ms. Bradshaw:
The North Andover Planning Board held a public hearing on
September 6, 1994, in the Senior Center behind the Town Building
upon the application of David J. Minicucci, 340 Johnson Street,
North Andover, requesting a Special Permit under Section 4. 136 of
the North Andover Zoning Bylaw. The legal notice was properly
advertised in the North Andover Citizen and all parties of interest
were duly notified. The following Board Members were present:
Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard
Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member.
The petitioner was requesting a special permit to allow the
installation of an 181x36 ' inground pool with concrete apron
approximately 61x8 ' surrounding the pool, with appropriate fence
located within the Watershed Protection District, at 340 Johnson
Street.
Mr. Rowen read the legal notice to open the public hearing.
Mr. David Minicucci presented the plans for inground pool
within the non-disturbance zone of the Watershed.
Mr. Rowen read statement from Phil Christiansen that the
project will not effect the lake.
Grading of the site was discussed. Lawn is basically flat.
Keep water within pool site.
Flack wash water should be connected up to Town sewer or
controlled in some manner.
Page 2:
340 Johnson Street
William Hmurciak, D.P.W. , Ms. Colwell and Mr. Minicucci to
meet to draft specific conditions.
Draft decision will be discussed at the next meeting.
On September 20, 1994 the Planning Board held a regular
meeting. The following members were present: Richard Nardella,
Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau,
Associate Member.
Discussion of proposed conditions.
haybales between wetlands and pool excavation
- concrete apron around pool so that water does not go into
lawn
- slope site slightly away from wetland area
- french drain at bottom of pool will need to be
constructed
may need to do perc tests to design the dry well to hold
the back wash system
- applicant to determine type of filter system to be used
Ms. Colwell to review pool situation with IEP Report and
discuss pools with the Planning Board.
On a motion by Rowen, seconded by Simons, the Board voted to
continue the public hearing to October 4, 1994.
On October 4, 1994 the Planning Board held a regular meeting.
The following members were present: Joseph Mahoney, Vice Chairman,
Richard Rowen, Clerk, John Simons, and Alison Lescarbeau, Associate
Member.
Mr. David Minicucci discussed pool system with the Planning
Board.
Proposed is a diatomaceous earth filter, no back washing
required with this system.
Drain system around pool with a pressure release system.
Drainage system on pool cement apron.
Ms. Colwell spoke with the Watershed Council regarding a pool
in the watershed. Pool water is basically the same as drinking
water on lawns. If pool is not maintained, the water becomes
similar to any natural stagnant pool. The major concern should be
storage of chemicals.
Page 3 :
340 Johnson Street
On a motion by Mr. Rowen, seconded by Mr. Simons, the Board
voted to close the public hearing.
There was a discussion of the decision.
storage of chemicals - best management practices to be
used; store inside.
On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the
Board voted to approve the special permit based on written decision
and discussion.
Attached are those conditions.
Sincerely,
North Andover Planning Board
Joseph V. Mahoney, Vice Chairman
attachment
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
340 Johnson Street
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the
application of David J. Minicucci, 340 Johnson Street, North
Andover, MA 01845 dated August 31, 1994, requesting a Special
Permit under Section 4.136, Paragraph 4 (a) (1) and 5(A) of the
North Andover Zoning Bylaw to allow the installation of an 181 x
36 ' in-ground swimming pool within thirty nine (39) feet of a
wetland resource area in the Lake Cochichewick Watershed
Protection District.
FINDINGS OF FACT:
In accordance with 4. 136(7) 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:
A. 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 limited impact
the installation of an in-ground pool will have on the
Watershed; the fact that the water in the pool when
properly maintained will be of similar quality to
drinking water and if improperly maintained will be of
similar quality to a wetland filled with leaf debris;
and on a letter submitted to the Planning Board from a
Registered Professional Engineer stating that the
project will not adversely affect the Watershed;
B. that there is no reasonable alternative location
outside the Non-Disturbance or Non-Discharge Zones for
any discharge or activity associated with the proposed
construction as the location for the pool is on the
section of the lot furthest away from the edge of the
wetland resource area.
In accordance with Section 10.31 of the North Andover Zoning
Bylaw, the Planning Board makes the following findings:
1. The Planning Board finds that the specific site is an
appropriate location for the proposed use as it is the
location on the lot furthest away from the edge of the
wetland resource area;
2 . The use will not adversely affect the neighborhood as
the lot is located in a residential zone and is located
27.5 feet away from the adjacent lot line;
3 . There will be no nuisance or serious hazard to vehicles
or pedestrians as the installation of a pool will not
1
increase traffic;
4. Adequate and appropriate facilities are provided for
the proper operation of the proposed use as a dry well
will be constructed to control the pool backwash;
5. 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: Plot Plan of Land in North Andover, MA
340 Johnson Street
Prepared for: David J. Minicucci
Date: May 8, 1994; rev. Aug. 7, 1994
Scale: 1" = 30'
Prepared by: Northern Associates Inc.
North Andover, MA. 01845
b. Letter to North Andover Planning Board from Philip G.
Christiansen, Professional Engineer
Dated: August 24, 1994
Any changes made to these plans shall be approved by the
Town Planner. Any changes deemed substantial by the Town
Planner will require a public hearing and modification by
the Planning Board.
2 . Prior to any work on site:
a. A performance guarantee of five hundred (500) 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.
b. All erosion control measures must be in place and
reviewed by the Town Planner. Hay bales and silt fence
must be placed along the edge of work between the
wetland resource area and the proposed pool site.
C. All work must be completed within a two week time
period with the site backfilled, regraded, loamed and
seeded or otherwise returned as close as possible to
2
its original condition. Work on the site is to be
monitored by the Planning Office and/or the Division of
Public Works.
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.
e. The applicant must receive written determination from
the Conservation Administrator that all work conducted
under the jurisdiction of the Conservation Commission
is being satisfactorily performedandmaintained.
f. The pool backwash must be directed into a dry well
system. This system must be reviewed by The Planning
Staff and/or the Division of Public Works.
3 . Prior to release of the Performance Bond, the Planning Board
must make a finding that the project has been completed in
accordance with this decision.
4 . All excess fill must be removed from the site immediately.
Any soil needed to backfill the site must be enclosed by
haybales.
5. All chemicals used in maintaining the pool must be stored
inside using best management practices.
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
r and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
10. 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. Therefore the permit will expire on October 18,
1996.
CC. Director of Public Works
Building Inspector
3
F
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
340Johnson.WSP
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