The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - 673 GREAT POND ROAD 4/30/2018 673 GREAT POND ROAD 210/063.0-0027-0000.0 pORTM Q tL.ED 1. �LL11'. 0 m��c t t ��SSgcHus�� 2��=-8-� T 23 Fii 02 celC,,Rl PLANNING DEPARTMENT , W ; ij, Community Development Division 1600 Osgood Street Bldg. - ZR North Andover, Massachusetts,01U Con/Com Health Fire Chief Police Chief NOTICE OF DECISION Town Clerk DPW/Eragneers Planning °Surroun.14 g Towns Any appeal shall.be filed _-- within (20)days after the date of filing this notice.in the office of the Town Clerk., Date: October 21, 2008 Date of Hearing: October 7,2008, October 21;2008 Date.of Decision: October 21,2008 Petition of: Robert H.Farnum,ICB Realty.Trust . 673 Great Pond Road North Andover MA 01845 - Premises.Affected: 6773 Great Bond Road,North Andover,AIA,Assessors Map 63,Parcel 27. Referring to the above petition fora Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136: Under Section 4:1363(b)(ii)(1)ofthe Bylaw to permit limited activity within the Non-Discharge Zone of the Watershed Protection District So as to construct 374 sq. I of heated impervious surface area, including a 64 sq. ft. spa within the 325 foot Non-Discharge Buffer Zone of the Watershed Protection District and the R-1 Zoning District. After a.public hearing given on the above date, and upon a motion by Michael Walsh and 2nd by Jennifer Kusek to APPROVE"the Watershed Special Permit for the .Watershed Protection District Permit as amended and based upon the following conditions.A unanimous vote was made in favor of the application. - �behalfof the N Andover Planning Board Jennifer Kusek , Clerk Michael Walsh Courtney LaVolpicelo Timothy Seibert The Planning Board herein APPROVES the Watershed Special Permit to construct 374 sq. ft. of heated impervious surface area, including a 64 sq. ft. spa within the 325 foot Non-Discharge Buffer Zone of the Watershed Protection District. The project is located at 673 Great Pond Road, North Andover, OCI 2t d0 1 BOARD OF APPEAL$ Robert H. Farnum,ICB Realty Trust,673 Great Pond Road . Map 63 Parcel 27 Watershed Special Permit—Construction of Spa and Patio p Massachusetts, 01845, Map 763 Parcel 27 in the Residential 1 (R-1) Zoning District and in the Non= Discharge Buffer Zone of the Watershed Protection District. The parcel totals approximately 147,644 s.f. with frontage on Great Pond Road. This Special Permit was requested by Robert H.Tarnum, ICB Realty Trust, 673 Great Pond Road,North Andover,MA 01845. The application was filed with the Planning-Board on September 5, 2008. The public hearing on the above referenced application was opened on October 7, 2008, and closed by the North Andover Planning Board on October.21, 2008. The applicant submitted a complete application,which-was noticed and reviewed in accordance with Section 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A,Sec.9. -The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 10.52: 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: a. The.project is located within the Non-Discharge Zone of the.Watershed Protection District. 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. b. The-existing structure will be connected to the Town sewer and water systems. c. The topography of the site will not be altered substantially. 2) Adequate and appropriate,facilities-will be provided for the proper operation of the proposed use. The applicant is proposing that the new spa will be connected to the town's water system and to the existing mechanical equipment that services,the existing indoor pool, so that there will be no discharge of chlorinated water related to the new facility. 3) The applicant has also provided :information showing that there will be very little runoff from new impervious surfaces and that the runoff will be infiltrated within the remaining lawn area. 4) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge, structure or activity. The new facility will be located adjacent to an existing patio and landscaped area 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 it is consistent with the existing residential use on the site; 2) The use will not adversely affect the neighborhood.as the lot is located in a Residential 1 Zoning District; 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; i 2 Robert H. Farnum, ICB Realty Trust,673 Great Pond Road Map 63 Parcel 27 WatershedSpecial Permit—Construction of Spa and Patio 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District 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 147,644 sq. ft.parcel.of land with land fronting on Great Pond Road as shown on a portion of.Assessors Map 63, Parcel 27, and also known as 673 Great Pond Road, North-Andover, Massachusetts. B) The "Plans" refer to the plans prepared by Morgan Wheelock Inc, 625 Mount Auburn Sheet, Cambridge, MA 02138 dated August 2008, consisting of Sheets 1 through 3 titled "Developed Conditions Site Plan(2 sheets)&Existing Conditions Site Plan,Demoulas Residence". C) The "Project" or "673 Great Pond Road" refers to the construction of 374 sq. ft. of heated impervious surface area, including a 64 sq. ft. spa. D) The "Applicant" refers to Robert Farnham, Jr:, ICB Realty Trust, the .applicants for the Special Permit. EY The'-Troject 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. PRIOR TO THE START OF CONSTRUCTION A) All applicable erosion control measures must be in place-and reviewed and approved by the Planning Department. B) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil orsediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off--site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure.said condition. . C) A bond in the amount of one thousand dollars($1,000.00)shall.be posted for the purpose of insuring that the site is constructed in accordance with the approved pian and that a final,as-built plan is provided, showing the location of all on-site structures. This bond shall be in the form of a.check 3 Robert H.Farnum,JCB Realty Trust, 673 Great Pond Road Map 63 Parcel 27 Watershed Special Permit—Construction of Spa and.Patio .made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. PRIOR TO THE ISSUANCE OF A BUILDING PERNUT A) Three(3)copies of the signed,recorded plans.must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. DURING CONSTRUCTION A) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown-on a pian and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems-that may occur with adjacent properties. B) In an effort to reduce noise levels, the developer shall keep in optimum working order,.through regular maintenance,any and all.equipment that shall emanate sounds from the structures or site. PRIOR TO THE 1SSUANCE OF A CERTIFICATE OF OCCUPANCY A) The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout.substantially comply with the plans.referenced at the end of this decision as endorsed by the Planning Board. Alternatively,the applicant and/or property owner may provide a bond, determined by the Planning Board, to-cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the parking area. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) A final as-built plan showing final topography,the location of all on- site utilities, structures and drainage facilities must be submitted to the Planning Department. B) The Planning Board must by a majority vote make a finding that the site is in conformance withthe approved.plan. GENERAL CONDITIONS A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective.utility companies. C) The hours for construction shall be limited to between 7:00 a.m..and 5:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m. on Saturday. D) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns mi interest or control. 4 i Robert H. Famum,ICB Realty Trust,673 Great Pond Road Map 63 Parcel 27 Watershed Special Permit—Construction of Spa and Patio E) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. F) Any revisions shall, be submitted to the.Town Planner for review. If these, revisions.are deemed substantial,the developer must submit revised plans to the Planning Board forapproval. G) This Special Permit approval shall be deemed to have lapsed after October 21,2010 (two years from the date permit granted), 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 or for good cause. For purposes. of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun site grading a tree clearing as noted on the Grading,Drainage and Utility Plan, sheet 5 of 10. H) The following information shall be deemed part of the decision: Plan titled: Developed Conditions Site Plan(2 sheets)&Existing Conditions Site Plan Demoulas Residence 673 Great Pond Road North Andover,Mass. Prepared for: Robert H. Farnum,ICB Realty Trust Prepared by: Morgan Wheelock:Inc. 625 Mount Auburn St. Cambridge,MA 42138 Scale: 1" 20' & F'=40' Date: . August,2008 Sheets: 3 cc:' Town Departments Applicant Engineer Abutters . Assessor 5