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HomeMy WebLinkAboutMiscellaneous - 340 JOHNSON STREET 4/30/2018 (2)59 0 .� ry P�Q8�1hG BOAf�D TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall be filA+i, within (20) days after trs, date of filing of his Notice In the Office of the Town Cleric. NOTICE OF DECISION 0'v'T 17 2 Ji ' l• Date . October 17, 1994 .. ' Date of Hearino• Sept. 20, 1994 Gct:'�;'I99h' David J. Minicucci Petitionof................................................................. . Premises affected 340 Johnson . . Street ........................................................ Referring to the above petition for a special permit from the requirements of the North Andover.ZOning.Bylaw - Section 4:136 Watershed Protection District . .. .. ..... . .. .. .. . .. ......... ......... sig Zs to PAM allow the installation of an 18'x36'.inground pool with concrete apron approximately 6"x8" surrounding pool, with appropriate fence. .............................................................................. After a Apubblic hearing given on the above date . the Planning Board voted CONDITIONALLY APPROVE the SPECIAL PERMIT t0........................................................................ cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties based upon the following conditions: Signed j,� U �J Joseph V. Mahoney, Vice Chairman ................................ Richard Rowen, Clerk ................................ John Simons ................................ Alison Lescarbeau, Associate Member ................................ ..planning Board October 17, 1994 11 Ms. Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Watershed District - Street Dear Ms. Bradshaw: 120 Main Street, 01845 (508) 682-6483 Permit - Protection 340 Johnson 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. Back wash water should be connected up to Town sewer or controlled in some manner. ,HO KAREN H.P. NELSON ;?' TOWN Of Director NORTH ANDOVER BUILDING;,`�.:.;; •'.y CONSERVATION ms�C.USES DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT October 17, 1994 11 Ms. Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Watershed District - Street Dear Ms. Bradshaw: 120 Main Street, 01845 (508) 682-6483 Permit - Protection 340 Johnson 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. Back 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 V � 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 ,r 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 18' 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 `A 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 performed and maintained. 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 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 r Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 340Johnson.WSP h 6a -3qO am FORM L 4n DEPARTMENTAL REFERRAL FORM TO: Director, Public Works Assistant Director of Engineering Fire Chief Conservation Administrator Building Inspector Health Agent Police Chief FROM: Town Planner and/or Clerk, Planning Office RE: Preliminary Plan Definitive Subdivision _ Special Permit Wo.�b-ve� Site Plan Review DATE: �')wn A Public Hearing h been scheduled for ',� p.m. on `^ eQt C(D, k9Qq to discuss the plans checked above. (Preliminary plans do not require public hearings.) The Teel-Atieal R--viewCve scheduled fes._ Thank you.