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HomeMy WebLinkAbout2011-12-06 Planning Board Supplemental Materials (2) V%ORTII Town of North Andover ® t n Office of the Planning Department Community Development and Services Division "o 400 Osgood Street North Andover,Massachusetts 01845 NOTICE OF DECISION Any appeal shall be riled within (20) days after the date of riling this notice in the office of the Town Clerk. Date: December 6, 2011 Date of Hearings: November 1, December 6, 2011 Date of Decision: December 6, 2012 Petition of- North Andover Country Club,500 Great Pond Road North Andover, Massachusetts,01845 Premises Affected: North Andover Country Club,500 Great Pond Road North Andover, Massachusetts,01845 Assessor's Map 63,Parcel 12 and located in the Residential I Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow the reconstruction of four (4) existing tennis courts, including the replacement of an existing fence, 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 a Watershed Special Permit for the Watershed Protection District,based upon the following conditions: Planning Board John Simons, Chairman Richard Rowen Timothy Seibert Michael Colantom Rickey Glover NA Country Club,500 Great Pond Road,Map 63,Parcel 12 Watershed Special Permit—Tennis Court reconstruction Dec. 6,2011 The public hearing on the above referenced application was opened on November 1, 2011 closed by the North Andover Planning Board on December 6, 2011. On December 6, 2011 upon a motion made by XXXXX and seconded by XXXX to GRANT a Watershed Special Permit to allow the reconstruction of four (4) existing tennis courts, including the replacement of an existing fence, within the Non-Disturbance Zone of the Watershed Protection District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Jim Simmons, Managing Director,North Andover Country Club, 500 Great Pond Road, North Andover, MA 01845 on September 30, 2011. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board vote was unanimous. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. 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. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 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 this finding on the following facts: 1) The project is located within an extremely environmental sensitive area and in proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. The renovated courts will be located within the Non-Disturbance Zone of the Watershed Protection Overlay District. 2) The construction has been reviewed by Town Staff, who have concluded that with the installation of a new tennis court surface and the installation of new stormwater management structures,there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, Adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices i) A trench has been incorporated into the design to allow for stormwater infiltration on the down-gradient side of the tennis courts. 3) The topography of the site will be altered so that the majority of the runoff from the southerly set of courts will drain in a northerly direction,towards the infiltration trench. There will be no tree cutting or clearing. 2 NA Country Club,500 Great Pond Road,Map 63,Parcel 12 Watershed Special Permit—Tennis Court reconstruction Dec. 6,2011 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge, structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) 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; 2) The use will not adversely affect the neighborhood as evidenced by the Findings stated in the previous section of this document; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning Districts as shown in Table 2 of the North Andover Zoning By-laws. 6) 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 SPECIAL CONDITIONS: 1)Permit Definitions: a) The "Locus"refers to the parcel of land with frontage on Great Pond Road as shown on Assessors Map 63, Parcel 12, and also known as North Andover Country Club, 500 Great Pond Road,North Andover, Massachusetts. b) The "Plans"refer to the plans prepared by Neve-Morin Group, Inc., dated September 28, 2011 and revised October 12, 2011 entitled"Plan of Land In North Andover, Mass. Showing Proposed Tennis Court Reconstruction 500 Great Pond Road Prepared for The North Andover Country Club" c) The "Project" or"The North Andover Country Club Tennis Courts"refers to the reconstruction of four(4) existing tennis courts, including the replacement of an existing fence within the Non- Disturbance Zone of the Watershed Protection District. d) The "Applicant"refers to The North Andover Country Club,the applicant for the Special Permit. e) The "Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) 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. 3) Prior to the start of construction: 3 NA Country Club,500 Great Pond Road,Map 63,Parcel 12 Watershed Special Permit—Tennis Court reconstruction Dec. 6,2011 a) Two (2) copies of the signed, recorded plans and one certified copy of the recorded decision must be delivered to the Planning Department. b) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover land use Boards, including one copy of a recorded Wetlands Order of Conditions issued under the State Wetlands Protection Act and North Andover Wetlands Protection Bylaw shall be delivered to the Planning Department. c) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. d) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein 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. e) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department,prior to any work being done at the site. 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. 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 Special Permit approval shall be deemed to have lapsed December 6, 2013 (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. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: "Plan of Land In North Andover, Mass. Showing Proposed Tennis Court Reconstruction 500 Great Pond Road Prepared for The North Andover Country Club" 4 NA Country Club,500 Great Pond Road,Map 63,Parcel 12 Watershed Special Permit—Tennis Court reconstruction Dec. 6,2011 Prepared for: North Andover Country Club 500 Great Pond Road North Andover,MA 01845 Prepared by: Neve-Morin Group, Inc. 447 Old Boston Road(US RT 1) Topsfield, MA 01983 Scale: 1"=30' Date: September 28, 2011 and revised October 12, 2011 Sheets: 1 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer Abutters Assessor File 5