HomeMy WebLinkAboutMiscellaneous - 80 SAILE WAY 4/30/2018_N
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Town of North Andover
Office of the Planning Department
Community Development and Services Division
William J. Scott, Division Director
27 Charles Street
Julie Parrino North Andover, Massachusetts 01845
Town Planner
Any appeal shall be filed
Within (20) days after the
Date of filing this Notice
In the Office of the Town
Clerk
Notice Of Decision
Telephone (978) 688-9535
Fax (978) 688-9542
Date: March 24, 2004
Date of Hearing: February 3, 2004,
March 2, 2004, Decision: March 24,
2004
Petition of. Paul M. Russell 80 Saile Way, North Andover, MA 01845
Premises Affected: 80 Saile Way, North Andover, MA 01845
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 with surrounding deck
that is in the Non -Disturbance Zone of the Watershed Protection District.
After a public hearing given on the above. date, the Planning Board voted to APPROVE,
the Watershed Special Permit, based upon the following conditions:
Signed:
A1bert,gAngleg, Chairma�I'
Cc: Applicant George White, Vice Chairman
Engineer Felipe Schwarz, Clerk
Abutters Rick Nardella
DPW John Simons
Building Department James Phinney
Conservation Department
Health Department
MAR 2 512004
B<. ARD LSF APPEALS 68805.41 BLU. 8,9545 CONSERv„TION 688-9530 HEALTH 608 95 I0 PLANNING688-9535
BOARD OF APPEALS
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2. There is no reasonable alternative location outside the Non -Disturbance 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
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
filed by Paul M. Russell on December 19, 2003;
b) Plans entitled: Special Permit Site Plan, Lot 3 Great Pond Estates (#80) Saile
Way, North Andover, MA, Applicant: Paul Russell, 231 Broadway,
Methuen, MA 01844, Design By: Civil Construction Management
Inc., 8 Merrimac Road, Box 475, Newton, NH 03858, Tel (603) 382-
7650; dated 8-25-03, revised 3-10-04, (1 sheet); 1"=40' Scale
stamped by Dennis G. Quintal, P.E.;
South Shore Gunite Pool & Spa, Inc., Serving New England, 7
Progress Ave., Chelmsford, MA 01824, 800-649-8080, (3 sheets),
dated 12/08/03; no stamp;
8.5" by 11" architectural pool plan prepared by Jack Tremblay,
Landscape Architect, 10 Amesbury Ave., Amesbury, MA 01913;
1/8" scale plan dated 4/17/03;
c) Reports From: Dennis G. Quintal, P.E., Civil Construction Management, Inc., dated
December 15, 2003;
Dennis G. Quintal, P.E., Civil Construction Management, Inc., dated
February 3, 2004 ( 3 page drainage calculation report);
Jeff Fiske, South Shore Gunite Pool & Spa, Inc., dated November 11,
2003 (includes brochures on the pool cartridge system);
d) VHB Engineering reviews:
• Reports prepared and signed by Timothy McIntosh, P.E. dated 1-26-04 and
3-12-04;
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 two 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 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 Planning Board must endorse the final site plan mylars and three copies of
the signed plans must be delivered to the Planning Department.
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) 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.
d) The pool filtration system proposed is a non -backwash type cartridge system and
the pool water sanitation system is a chemically free design that treats pool water
with a dual purification system using ionization and ozonation. This filtration
system must be incorporated into the deed 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: Immediately 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 (RP.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
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 fmding 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 March 23, 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