HomeMy WebLinkAboutMiscellaneous - 121 CARTER FIELD ROAD 4/30/2018 (2) / Ia( CARr6R Fico ROAD'
J
1
i
I
i
i
l
33 - X00 I Co
►�
1 I aL I CARTER FtEt-o ROAD
Vno(0a,o 0002,
r
i
i
w
t
r.
�i
I
I
i �
j
i
i
�j
Town of North Andover tjpRTH
Office of the Planning Department
O A
Community Development and Services Division
William J. Scott, Division Director
ti9S Aq}EO'PPS�yV
27 Charles Street SA-1
North Andover, Massachusetts 01845 978 688-9535
Telephone Julie Parrino P ( )
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
I
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 Board voted to APPR
the Watershed Special Permit, based upon the following conditions•
s
Signed'
Lll�bofto Ang es Chairman
Cc: ApplicantGt
orge White/Vice Chairman
Engineer felipe Schwarz, Clerk
Abutters John Simons
DPW James Phinney
Building Department -
Conservation Department -
Health Department e,
'�--ZBA
BOARD of APPEAI:S 688-9541 BUiLD1NG 688 9545 CONSERVATION?688-9530 HE.AL'rH 98-9540 rLANINING 6SS-9535
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; �4
This decision is being issued in addition to the e decision issued on December 2
g 7
i
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 i
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 i
use;
proposed I
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 b Thomas Zahoruiko on March 5 2004•
y >
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.
l
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: Lumediately 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
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
I
I
I
I
I
Town of forth Andover f NORTH
0 tt1,{D 16.
Office of the Planning Department
Community Development and Services Division
27 Charles Street 41
North Andover, Massachusetts 01845 9SSaCHu`�Et
Kathy McKenna Telephone(978)688-9535
Planning Director Fax(978)688-9542
Notice Of Decision
Any appeal shall be filed
C�
Within (20) days after the
{
Date of filing this Notice "iTi t,;
In the Office of the Town m
Clerk -J `-'
j r y� •E.`
Date: December 27 2002 <
Date of Hearing: September , -�
2002, October 1,2002, Octor 15,
2002, December 3, 2002 &
December 17, 2002
Petition of.- Tara Leigh Development Corporation, LLC, 185 Hickory Hill Road,
North Andover, MA 01845
Premises Affected: Property along Bradford Street in the Towns of North Andover and
Boxford, MA ►M to;L P DDO ;L
Referring to the above petition for a Definitive Subdivision. 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. c. 41 (the"Subdivision Control Law").
So as to allow: construction of a seventeen(17) lot subdivision consisting of single-family
homes with three multi-use recreation fields, playground, town common
and open space known as Carter Farm Subdivision.
After public hearings given on the above dates,the Planning Board voted to APPROVE
the Definitive Subdivision, based upon the following conditions-
Signed:
John Si ons, Chairman
Cc: Applicant Richard Nardella,Clerk
Engineer Felipe Schwarz
Abutters George White
DPW
Building Department
I' Conservation Department
-ZBA-}
Health Department
i
BOARD OF APPEALS 688-9541 BUILDLNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL kNNING 688-9535
H. The Planning Board properly retains jurisdiction as the Town Boundary line
between Boxford and North Andover has been changed per State Legislature
ratification of House Bill Number 5390 on December 9, 2002.
Finally, the Planning Board finds that the Definitive Subdivision complies with all Town
Bylaw and Board of Health standards and requirements so long as the following
conditions are complied with:
1) Traffic Mitigation:
a) Carter Farm Road approach to Bradford Street shall be placed under stop sign
control with a painted stop line and a double yellow center line.
b) A painted crosswalk shall be added to formalize pedestrian connections
between the parking area and recreational fields.
c) Overhead street lighting and a painted crosswalk shall be placed across the
proposed Carter Farm Road.
e) All internal intersections shall be placed under stop sign control.
f) Intersection advanced warning signs shall be placed along Bradford Street in
advance of the proposed access/egress driveway. The Police Department and
Department of Public Works shall be consulted prior to placement.
2) Environmental Monitor: The applicant shall designate an independent
environmental monitor who shall be chosen in consultant with the Planning Department.
The Environmental Monitor must be available upon four (4) hours' notice to inspect the
site with the Planning Board designated official. The Environmental Monitor shall
make weekly inspections of the project and file monthly reports to the Planning Board
throughout the duration of the project. The monthly reports shall detail area of non-
compliance, if any and actions taken to resolve these issues.
3) Prior to endorsement of the plans by the Planning Board the applicant shall
adhere to the following:
a) The applicant must submit to the Town Planner a FORM M for all utilities and
easements placed on the subdivision.
b) All subdivision application fees must be paid in full and verified by the Town
Planner.
d) The applicant must meet with the Town Planner in order to ensure that the plans
conform to the conditions of the Board's decision.
e) A full set of final plans must be submitted to the Town Planner for review
prior to endorsement by the Planning Board, within ninety (90) days of filing
2
the decision with the Town Clerk. It is expected that the project name
reflected on these plans will change to Carter Fields Subdivision and the street
name will change to Carter Field Road.
f) The Subdivision Decision for this project must appear on the mylars.
g) A Development Schedule must be submitted for signature by the Planning
Board, which conforms to Section 8.7 of the North Andover Zoning Bylaw.
The schedule must show building permit eligibility by quarter for all lots.
h) All documents shall be prepared at the expense of the applicant, as required by
the Planning Board Rules and Regulations Governing the Subdivision of Land.
4) Prior to ANY WORK on site:
a) Yellow "Caution" tape must be placed along the limit of clearing and grading as
shown on the plan. The Planning Staff must be contacted prior to any cutting and or
clearing on site. The applicant shall then supply a copy of a plan, certified by a
registered professional engineer, certifying that the limit of clearing and grading
have been cut in accordance with the approved plans.
b) All erosion control measures as shown on the plan and outlined in the erosion
control plan must be in place and reviewed by the Town Planner.
5) Throughout and During Construction:
a. Dust mitigation and roadway cleaning must be performed weekly, or as
deemed necessary by the Town Planner, throughout the construction
process.
b. Street sweeping must be performed, at least once per month, throughout
the construction process, or more frequently as directed by the Town
Planner.
c. Hours of operation during construction are limited from 7 a m. to 5 p.m.,
Monday through Friday and 8 am.—5 p.m. on Saturdays.
6) Prior to any lots being released from the statutory covenants:
a) Three (3) complete copies of the endorsed and recorded subdivision plans and one
(1) certified copy of the following documents: recorded subdivision approval,
recorded Covenant (FORM I), recorded Growth Management Development
Schedule, and recorded FORM M must be submitted to the Town Planner as proof
of recording.
3
b) The applicant must submit a lot release FORM J to the Planning Board for
signature.
c) A Performance Security in an amount to be determined by the Planning Board, shall
be posted to ensure completion of the work in accordance with the Plans approved
as part of this conditional approval. The bond must be in the form acceptable to the
North Andover Planning Board. Items covered by the Bond may include, but shall
not be limited to:
i) as-built drawings;
ii) sewers and utilities
iii) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
vi) drainage facilities
vii) site restoration
viii) final site cleanup
7) Prior to a FORM U verification for an individual lot, the following information is
required by the Planning Department:
a) The applicant must submit a certified copy of the recorded FORM J referred to in
Condition 6(c)above.
b) A plot plan for the lot in question must be submitted, which includes all of the
following:
i. proposed location of the structure,
ii. proposed location of the driveways,
iii. proposed location of all water and sewer lines,
iv. location of wetlands and any site improvements required under a
NACC order of condition,
v. any proposed grading called for on the lot,
vi. all required zoning setbacks,
viii. Location of any drainage,utility and other easements.
c) All appropriate erosion control measures for the lot shall be in place. The Planning
Board or Staff shall make final determination of appropriate measures.
d) Lot numbers,visible from the roadways must be posted on all lots.
e) An as-built plan must be submitted to the Division of Public Works for review and
approval prior to acceptance of the sewer appurtenances for use.
f) The roadway must be constructed to at least binder coat of pavement to properly
access the lot in question. Prior to construction of the binder coat, the applicant shall
4
ensure that all required inspection and testing of water, sewer, and drainage facilities
has been completed. The applicant must submit to the Town Planner and the
Department of Public Works an interim as-built, certified by a professional engineer,
verifying that all utilities have been installed in accordance with the plans and profile
sheet.
8) Prior to a Certificate of Occupancy being requested for an individual lot, the
following shall be required:
a) All necessary permits and approvals for the lot in question shall be obtained from the
North Andover Board of Health and Conservation Commission.
b) Permanent house numbers must be posted on dwellings and be visible from the road.
c) There shall be no driveways placed where stone bound monuments and/or catch
basins are to be set. It shall be the developer's responsibility to assure the proper
placement of the driveways regardless of whether individual lots are sold. The
Planning Board requires any driveway to be moved at the owner's expense if such
driveway is at a catch basin or stone bound position.
d) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be
graded and staked at a minimum
9) Prior to the final release of security retained for the site by the Town, the
following shall be completed by the applicant:
a) An as-built plan and profile of the site shall be submitted to the DPW and Planning
Department for review and approval and also in the electronic format requested by
and compatible with DPW's computer system
b) The applicant shall petition Town Meeting for public acceptance of the street. Prior
to submitting a warrant for such petition the applicant shall review the subdivision
and all remaining work with the Town Planner and Department of Public Works.
The Planning Board shall hold a portion- of the subdivision bond for continued
maintenance and operations until such time as Town Meeting has accepted (or
rejected in favor of private ownership) the roadways. It shall be the developer's
responsibility to insure that all proper easements have been recorded at the Registry
of Deeds.
10) The Applicant shall ensure that all Planning, Conservation Commission, Board of
Health and Division of Public Works requirements are satisfied and that construction
was in strict compliance with all approved plans and conditions.
11) The Town Planner will review any signs utilized for this project. The applicant must
obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board
I
5
shall approve any entrance structures. The applicant must remove any lighting used
for the entrance signs prior to acceptance of the subdivision.
12) The applicant shall adhere to the following requirements of the Fire Department:
a) Underground fuel storage will be allowed in conformance with the Town Bylaws
and State Statute and only with the review and approval of the Fire Department and
Conservation Commission.
13) There shall be no burying or dumping of construction material on site.
14) The location of any stump dumps on site must be pre-approved by the Planning
Board.
15) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
16) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the
respective utility companies.
17) Any action by a Town Board, Commission, or Department which requires changes
in the roadway alignment, placement of any easements or utilities, drainage facilities,
grading or no cut lines,may be subject to modification by the Planning Board.
18) The utilities must be installed and the streets or ways constructed to binder coat within
two years from this approval, December 17, 2004. If the utilities are not installed, the streets
or ways are not constructed to binder coat and the Planning Board has not granted an
extension by the above referenced date, this definitive subdivision approval will be deemed
to have lapsed.
19) The following waivers from the Rules and Regulations Governing the Subdivision of
Land, North Andover, Massachusetts, revised October 2001, have been GRANTED by the
Planning Board since it has been determined such action is in the public interest and is not
inconsistent with the State Subdivision Control Law. Additionally these waivers for the
proposed street are being granted so as to minimize the grading and earthwork required to
complete the construction of the proposed street as the project is located within the
Watershed Protection District:
a) 6.8.1 Minimum ROW Width—the proposed ROW width is 40 feet where 50
is required.
b 6.8.1in' m
M unu Pavement Width—the
ro osed pavement width is 22 feet
P P
where 26 is required.
c) 6.8.1 Minimum Centerline Curve Radius—the minimum radius proposed is
150 feet on the main road and 82.5 feet on the loop road where 225 feet is
6
required.
d) 6.8.1 Minimum Tangent Length Between Curves—the proposed length of
tangent between curves varies from 0 to 100 feet where 150 feet is
required.
e) 6.8.1 Vertical Curve: K Value–Crest–the proposed K values for Carter
Farm Road that do not meet the required 40 K value are:
(Sheet 12)
Station 2 + 50
Station 4+ 50
Station 10 +00
(Sheet 13)
Station 4 + 75
Station 14 +00
fl 6.8.9 Intersection Grade—proposed grade of Carter Farm Road with
Bradford Street is 4%where 3%minimum is allowed.
20) This Definitive Subdivision Plan approval is based upon the following information
which is incorporated into this decision by reference:
a) Plan titled: Definitive Subdivision Plans for Carter Farm Subdivision
Bradford Street
North Andover,Massachusetts 01845
Dated: August 9,2002,last revised November 4,2002
Applicant: Tara Leigh Development,LLC
Civil Engineer: MHF Design Consultants,Inc.
103 Stiles Road, Suite One
Salem,NH 03079
Sheets: 1 -24
Scale: Varies per drawing
Landscape Architect: Huntress Associates,Inc.
Landscape Architecture&Land Planning
17 Tewksbury Street
Andover,MA 01810
b) Plan titled: Special Permit and Definitive Subdivision Plan
Density Proof Plan
Carter Farm Subdivision
North Andover,Massachusetts 01845
Dated: August 9,2002,last revised September 24,2002
Applicant: Tara Leigh Development,LLC
Civil Engineer: MI-IF Design Consultants,Inc.
103 Stiles Road, Suite One
Salem,NH 03079
I
7
Sheets: 4
Scale: I"= 120'
c) Report titled: Stormwater Management Drainage Calculations&Best
Management Practices, NRF Project#110900
Carter Fane Subdivision
North Andover,MA 01845
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road, Suite One
Salem,NH 03079
Dated: August 2,2002, last revised November 5,2002
d) Report titled: Trac Impact&Access Study
Proposed Residential and Recreational Development Project
North Andover,MA
Prepared by: Dermot I Kelly Associates,Inc.
280 Main Street, Suite 204
North Reading,MA 01864-1300
Dated: August 2002
20. The Town Planner shall approve any insubstantial change to the above-referenced
plans and reports. Any changes deemed substantial by the Town Planner shall be presented
to the Planning Board for its determination of whether such changes would merit a public
hearing or meeting,and/or formal modification of this decision.
8