HomeMy WebLinkAboutPHILLIPS COMMON LLC A
1
Town of North Andover E NORTH
Office of (lie ('iar>tni>lig Depar tme tl1
A
Community Development and Services Division x `
North An(fover, klassachwwtts 01`t-15 ��ss^cam
Julie Parrino Telephone(978)688-9535
Town Planner Fax(978)688-9542
Notice Of Decision
Any appeal shall be filed This is to certify that twenty(20)days
Within 20days after the have elapsed from date of decision,filed
y without filingof an a peal. =�
Date of filing this Notice Date_. • 2 as- `
In the Office of the Town Joyce Aaredshew
Town Clerk
Clerk
Date: May 7, 2004
Date of Hearing: April 6, 2004,
April 20, 2004, Decision: May 4;
2004
Petition oh Phillips Common LLC 200 Park Street, Suite 2 North Reading MA 01865
Premises Affected: Lot 2 Great Pond Road
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 a single-family house, grading and associated
appurtenances located within the Non-Disturbance and Non-Discharge Zones of the Watershed
Protection District.
After a public hearing given on the above date, the Planning Beard voted tp APPROVE,
the Watershed Special Permit, based upon the following conditions: '
Signed:: r
erto An les, Chairman
Cc: Applicant 11george White, Vice Chairman
Engineer Felipe Schwarz,Clerk
Abutters Rick Nardella
DPW John Simons
Building Department
Conservation Department
Health Department �1F' EST
ZBA A True COPY
N)URl)O1'AI'IT \1 bRQ'541 BVIT1){\L*,(:- -954; [ON),*};RV HON:6SS9';Y) ITF\} IVr .K«•..�t} 9535
Lot 2 Great Pond Road
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Phillips
Common LLC, 200 Park Street, Suite 2,North Reading, MA 01865 filed on March 3, 2004.
The area affected is located at Lot 2, Great Pond Road in the R-I Zoning District, Map
103, Lot 116. The lot was created in 1990 and is subject to the Watershed Protection
District provisions for lots created on or prior to October 24, 1994. The applicant is
requesting a Watershed Special Pe' for the construction of a single family home, grading
and associated appurtenances located within the Non-Disturbance and Non-Discharge
Zones of the Watershed Protection District. Public hearings were held on April 6 and April
20,2004.
A Watershed Special Permit was previously issued by the Planning Board on September 9,
1999 for construction of a single family house, however the permit expired in 2001 and the
applicant has not completed substantial work on the site, therefore a re-filing was necessary.
Lot 2 is serviced by a separate gravel driveway, which is required to be separated by a 3'
grassed strip from the common driveway which services lots 3 and 4. Lots 3 and 4 are
serviced by a common gravel driveway permitted under a common driveway Special Permit
issued by the Planning Board on September 9, 1999.
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 topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary to construct the
structure and appurtenances;
e) This decision supercedes the decision issued on September 9, 1999 for
construction of a single family home on Lot 2 in 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.
7
3. In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning
Board makes the following fundings:
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
for Great Pond Road- Lot 2, filed by Philips Common LLC (application package
includes application, abutter list, deed, declaration of covenants, conditions and
restrictions and grant of easements, project narrative, previous Watershed Decision,
memo from Fire Department dated 5/21/99,Positive Determination of Applicability,
and Erosion and Sedimentation Control narrative dated December 11,2003;
b) Plans entitled:
Site Plan in North Andover Mass, Showing Proposed Homes, prepared by
Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated
May 17, 1999;
Detail Sheet in North Andover, Mass, prepared by Hayes Engineering, Inc.,
603 Salem Street,Wakefield,MA 01880,dated May 17, 1999(Sheet 1 of 2);
Detail Sheet in North Andover Mass prepared by Hayes Engineering, Inc.,
603 Salem Street,Wakefield,MA 01880,dated May 17, 1999(Sheet 2 of 2);
c) Drainage Calculation:
• Prepared by Hayes Engineering, Inc., dated August 24, 1999, prepared
by William Bergeron,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 ($2,000) 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 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.
c) Erosion controls must be extended along the entire limit of work as shown on
the referenced plan and must be reviewed and approved by the Town Planner. Any
existing erosion controls on Lot 2 must be fully replaced on the site.
d) The clearing path associated with the installation of the sewer line must be flagged
in the field and reviewed and approved by the Town Planner.
e) 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.
fl The applicant shall schedule a meeting with the Town Planner and Director of
Engineering to address the site distance problem at the driveway entrance off Great
Pond Road.
g) Wetland resource area boundary flags must be re-established per locations shown
on the record plan and reviewed by the Town Planner.
3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance
within 325' of Lake Cochichewick or within 325' 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.
b) The Planning Board must endorse the final site plan mylars and three copies of
the signed plans must delivered to the Planning Department
c) Easements pertaining to the rights of access for and agreements pertaining to the
maintenance of the driveway shall be presented to the Town Planner for review.
Provisions for maintenance of the driveway lights shall be specified in the
driveway easement When the Town Planner deems the easements adequate, a
copy must be recorded with the Registry of Deeds and a certified copy of the
recorded documents must be filed with the Planning Office.
4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) Foundation Plan: Immediately upon completion of the house foundation and prior
to fiuther construction activities associated with the site, the applicant shill 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.
b) The hammerhead turn-around associated with the common driveway that services
Lots 3 and 4 must be re-configured to allow for proper access for the Fire
Department emergency vehicles. A letter from the Fire Department must be
submitted stating the turn-around has been inspected and is satisfactory for
emergency vehicle access.
c) Site distance improvements at Great Pond Road, as recommended by the
Departtnent of Public Works, must be implemented and inspected by the Town
Planner and Director of Engineering.
d) A stone bollard shall be placed at the entry to the common drive off of Great Pond
Road. This stone bollard shall have the street numbers of all houses engraved on
all four sides of the stone. The dimensions of the stone shall be as follows: 8"x 8"
x 72". The stone shall have 48" exposed and 24" buried, and all numbering on the
stone shall be 4" in height. This condition is placed upon the applicant for
purposes of public safety.
e) Driveway lights, as shown on the record plan, shall be installed and functioning.
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 constriction 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 May 4, 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
Town of North Andover °�4IORT'1ti
Office of the Planning Department 0?
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 "Ss„«,usEt
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 C'r. ;
Date of filing this Notice a ,
In the Office of the Town '
Clerk cN>
Date: May 7, 2004
Date of Hearing: April 6,2004,
April 20, 2004, Decision: May 4,
2004
Petition of Phillips Common LLC 200 Park Street, Suite 2 North Reading MA 01865
Premises Affected: Lot 2 Great Pond Road
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 a single-family house, grading and associated
appurtenances located within the Non-Disturbance and Non-Discharge Zones of the Watershed
Protection District.
After a public hearing given on the above date,the Planning Board voted to ROVE,
the Watershed Special Permit,based upon the following con ' o /
Signed: °
Ibe o Angles Chairman
Cc: Applicant George White,Vice Chairman
Engineer Felipe Schwarz,Clerk
Abutters Rick Nardella
DPW John Simons
Building Department
Conservation Department
Health Department
ZBA
BO,,\RD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Lot 2 Great Pond Road
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Phillips
Common LLC,200 Park Street, Suite 2,North Reading, MA 01865 filed on March 3,2004.
The area affected is located at Lot 2, Great Pond Road in the R-1 Zoning District, Map
103, Lot 116. The lot was created in 1990 and is subject to the Watershed Protection
District provisions for lots created on or prior to October 24, 1994. The applicant is
requesting a Watershed Special Permit for the construction of a single family home, grading
and associated appurtenances located within the Non-Disturbance and Non-Discharge
Zones of the Watershed Protection District. Public hearings were held on April 6 and April
20,2004.
A Watershed Special Permit was previously issued by the Planning Board on September 9,
1999 for construction of a single family house, however the permit expired in 2001 and the
applicant has not completed substantial work on the site,therefore a re-filing was necessary.
Lot 2 is serviced by a separate gravel driveway, which is required to be separated by a 3'
grassed strip from the common driveway which services lots 3 and 4. Lots 3 and 4 are
serviced by a common gravel driveway permitted under a common driveway Special Permit
issued by the Planning Board on September 9, 1999.
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:
L 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 topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary to construct the
structure and appurtenances;
e) This decision supercedes the decision issued on September 9, 1999 for
construction of a single family home on Lot 2 in 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.
3. In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning
Board makes the following findings:
a Th s r r use as all feasible
The specific site is an appropriate location for the proposed Pe aPP P P Po
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
for Great Pond Road- Lot 2, filed by Philips Common LLC (application package
includes application, abutter list, deed, declaration of covenants, conditions and
restrictions and grant of easements, project narrative, previous Watershed Decision,
memo from Fire Department dated 5/21/99,Positive Determination of Applicability,
and Erosion and Sedimentation Control narrative dated December 11,2003;
b) Plans entitled:
Site Plan in North Andover Mass, Showing Proposed Homes, prepared by
Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated
May 17, 1999;
Detail Sheet in North Andover, Mass, prepared by Hayes Engineering, Inc.,
603 Salem Street, Wakefield,MA 01880,dated May 17, 1999(Sheet 1 of 2);
Detail Sheet in North Andover Mass prepared by Hayes Engineering, Inc.,
603 Salem Street,Wakefield,MA 01880,dated May 17, 1999(Sheet 2 of 2);
c) Drainage Calculation:
Prepared by Hayes Engineering, Inc., dated August 24, 1999, prepared
by William Bergeron,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 ($2,000) 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-bunt plans will be submitted.
b) 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.
c) Erosion controls must be extended along the entire limit of work as shown on
the referenced plan and must be reviewed and approved by the Town Planner. Any
existing erosion controls on Lot 2 must be fully replaced on the site.
d) The clearing path associated with the installation of the sewer line must be flagged
in the field and reviewed and approved by the Town Planner.
e) 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.
fl The applicant shall schedule a meeting with the Town Planner and Director of
Engineering to address the site distance problem at the driveway entrance off Great
Poral.Road.
g) Wetland resource area boundary flags must be re-established per locations shown
on the record plan and reviewed by the Town Planner.
3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance
within 325' of Lake Cochichewick or within 325' 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.
b) The Planning Board must endorse the final site plan mylars and three copies of
the signed plans must delivered to the Planning Department
c) Easements pertaining to the rights of access for and agreements pertaining to the
maintenance of the driveway shall be presented to the Town Planner for review.
Provisions for maintenance of the driveway lights shall be specified in the
driveway easement. When the Town Planner deems the easements adequate, a
copy must be recorded with the Registry of Deeds and a certified copy of the
recorded documents must be filed with the Planning Office.
4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) Foundation Plan: Immediately upon completion of the house 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.
b) The hammerhead tura-around associated with the common driveway that services
Lots 3 and. 4 must be re-configured to allow for proper access for the Fire
Department emergency vehicles. A letter from the Fire Department must be
submitted stating the turn-around has been inspected and is satisfactory for
emergency vehicle access.
c) Site distance improvements at Great Pond Road, as recommended by the
Department of Public Works, must be implemented and inspected by the Town
Planner and Director of Engineering.
d) A stone bollard shall be placed at the entry to the common drive off of Great Pond
Road. This stone bollard shall have the street numbers of all houses engraved on
all four sides of the stone. The dimensions of the stone shall be as follows: 8"x 8"
x 72".The stone shall have 48"exposed and 24"buried, and all numbering on the
stone shall be 4" in height. This condition is placed upon the applicant for
purposes of public safety.
e) Driveway lights, as shown on the record plan, shall be installed and functioning.
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.
b) 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 May 4, 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