Loading...
HomeMy WebLinkAboutMiscellaneous - 880 GREAT POND ROAD 4/30/2018 (3)• 1 0 G7 i w � Q m • j 0 a _� 1`b 33 Town of Northi°' rr Andover � �;-, is � � ,t` JUN 2 Office of the. Pianni-ng Departm, T Gop JJjV It (@8,3. Con>nntYDeveiopntent and Service North Andover, Massachusetts 01845 NOTICE OF DECISION Any appeal shalt be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Bldg. ZBA Con/Com r ealth�j Fire Chief Police Chief Town Clerk DPW/Engineers ...._'r, Date: dune 4, 2008 Date of Hearings: April 1, April 15, 2008, May 6, 2008, June 3, 2008 Date of Decision: June 3, 2008 Petition of: Robert Ercolno 880 Great Pond Road, North Andover, Massachusetts, 01845 Premises Affected: 880 Great Pond Road, North Andover, Massachusetts, 01845, Assessor's Map 103, Parcel 111 and located in the Residential 1 Zoning DistricL Referring to the above petition for a Watershed Special Perm ftojr, the requirements of the Nom Andover Zoning Bylaw, Section 4.136. So as to allow: to construct a to construct a 8,171 sq. ft. single-family residence with attached garage and deck, construction of a pervious driveway, -installation of storm water management system, and related grading and landscape work within the 100 foot Non -Disturbance and 325 foot Non -Discharge Buffer Zones of the Watershed Protection District. A$er 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: cc: Town Departments Applicant Engineer Abutters Assessor Curt Bellavance, Director Planning Board John Simons, Chairman Alberto Angles, Vice Chairman Jennifer Kusek, Clerk Richard Rowen Tim Seibert 2 880 Great Pond Road, Map 103, Parcel 111 Watershed Special Permit — Construct Single -Family Residence May 6, 2008 The public hearing on the above referenced application was opened April 1, .2008 and closed by the North Andover Planning Board on May 6, 2 00 8. On June 3, 2008 upon a motion made by Richard Rowen and seconded by Alberto Angles to GRANT a Watershed Special Permit to construct. a 8,171 sq. ft. single-family residence with attached garage and deck, construction of a pervious driveway, installation of storm water management system, and related grading and landscape work within the 100 foot Non—Disturbance and 325 foot Non -Discharge Buffer Zones 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 Robert Ercolini, 880 Great Pond Road, North Andover, MA 01845 on December 14, 2007. The applicant submitted a completeapplication, 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 voted on the motion by a vote of 5-0 unanimous. A. special permit issued by the special permit granting authority requires a voteof 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) The project is located within an extremely environmental sensitive area and in. close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Coclaichewick and the safety and welfare of the residents of North Andover. It has been determined thru review process that post construction development will be less obtrusive than existing development. 2) 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 structure will be connected to the Town sewer and water systems. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to raze the existing house and construct the proposed single-family, 8,171 sq. ft. residence. e) Certification has been provided by a registered professional engineer and further verified by the Town's consulting engineer, VHB that the construction of the single-family residence and parking area was constructed using Best Management Practices and that the project will have no effect on the quality or quantity of runoff entering the watershed protection district. Refer to letters from VHB 2 880 Great Pond Road, Map 103, Parcel 111 Watershed Special Permit—Construct Single -Family Residence May 6, 2008 and Andover Consultants May 2, 2008 and March 24, 2008 respectively. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick. fl The construction has been reviewed.by Town Staff and the Town's consulting engineer, VIM, and with the application of the erosion control measures and modifications to the drainage and stormwater management designs, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick or any delineated wetlands. The site drainage, system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Vanasse, Hangen. Brustlin, Inc. ,(\7M). See letters from VHB and Andover Consultants May 2, 2008 and March 24, 2008 respectively. Further, adequate safeguards .have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to a single-family dwelling: i) Roof runoff is routed to infiltration areas. ii) Pervious .pavers are proposed for the driveway area to promote additional infiltration of surface runoff. iii) A deep sump catch basin with a hood is proposed to capture and treat surface runoff and sediment from driveway area. iv) Enhanced landscape areas are proposed between the residence and resources to for surface infiltration. v) Operation and Maintenance Plan for all phases of development have been submitted 'in this approval. . 3) . There is no reasonable alternative location outside the General; TNTor.-nistjLrbance, and the Discharze Zones for any discharge, structure or activity. 4) On August 14, 2007, the ZBA granted a dimensional variance for relief of 50 feet from the setback requirement of the Non Disturbance zone's 100'. buffer zone and 15' feet from the non -disturb zone in order to raze and reconstruct a single family dwelling. 5) On April 8, 2008, the ZBA voted to grant a request to modify the August 14, 2007 variance to include an omitted phrase: "variance is also granted from the two hundred fifty (250') foot horizontal dimension of the Non -Disturbance Buffer Zone from the annual mean high water mark of Lake Cochichewick". 6) Applicant was granted a Variance from Zoning Board of Appeals from Section 4.136.3.c.ii.3 to raze the existing single-family dwelling and construct a new permanent structure in the Non -Disturbance Buffer Zone in relation Lake Cochichewick. 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 the lot is located in a Residential 1 Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 3 880 Great Pond Road, Map 103, Parcel 111 Watershed Special Permit — Construct Single -Family Residence May 6, 2008 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 District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also mattes 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 2.4 acre parcel of land with land fronting on Great Pond Road as shown on Assessors Map 103, Parcel 111, and also known as 880 Great Pond Road, North Andover, Massachusetts. b) The "Plans" refer to the plans prepared by Andover Consultants, Inc., dated December 3, 2007 and revised 3/5/08, 3/24/08, and 4/2/08 entitled "Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover, Mass." c) The "Project" or "880 Great Pond Road" refers to the construction of a 8,171 sq. ft. single-family residence with attached garage and deck, construction of a pervious driveway, installation -of stormwater management system, and related grading and landscape work within the 100 foot Non - Disturbance and 325 foot Non -Discharge Buffer Zones of the Watershed Protection District. d) The "Applicant" refers to Robert Ercolini, 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 issuance of a building permit: a) A performance guarantee bond of six thousand dollars ($6,000.00) 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. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. Weekly inspections of all erosion control measures will be completed by the designated independent Environmental Monitor and. incorporated into the weekly reports. c) No pesticides, fungicides, or chemicals, or non-organic fertilizers shall be used in . lawn care or maintenance. 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. 4) Prior to release of the Performance Bond: 0 880 Great Pond Road, Map 103, Parcel 111 Watershed Special Permit -Construct Single -Family Residence May 6, 2008 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) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition #10. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) 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. 9) This Special Permit approval shall be deemed to have lapsed June 3, 2010 (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. 10) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Plan Showing Proposed Dwelling 880 Great Pond Road, North Andover, Mass. Prepared for. Robert Ercolini 880 Great Pond Road North Andover, MA 01845 Prepared by: Andover Consultants, Inc. 1 East River Place Methuen, MA 01844 Scale: 1" = 20' Date: December 3, 2007 and revised 3/5/08,.3/24/08, and 4/2/08 Sheets: 1-2 b) Plan: Landscape Plan Great Pond Road North Andover, Mass. Prepared for: Robert Ercolini 880 Great Pond Road North Andover, MA 01845 Prepared by: Weinmayr-Jay Associates, Inc. Landscape Architects 7 South Street Somerville, MA 02143 Date: March S, 2008, Revised 3/28/08 5 The Travelers Companies 5 Federal Street Danvers, MA 01923 Telephone: 617 777-2800 Building Cor-nissioner or Inspector Of Buildings RE: Insured: S. D. A. Johnson Manager Claim Department Danvers Office Board of Health or Board of Selectman V' Property Address: 880-GiEM-POND `ROAD ND ANDOVER, MA Policy No. 011105576 633 2 Loss Of 4/18/84 File or Claim No. G895308 Cause of Loss Boiler cracked Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice under. Mass. Gen. Laws., Chapter 139, Section 3B is appropriate please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. (signature) Ql On this date, I caused copies of this notice to be sent to the persons named at the above addresses indicated by first class mail. F. Lk"- (K signature and date: HOME OFFICE One Tower Square Harttord, CT 06115 Town of forth Andover t,oRr►, 1"So h6. /a.O Office of the Health Department Community Development and Services Division William J. Scott, Division Director " `°�, > �a' �•, �° � 27 Charles Street ��Ss gCHu s�A ►a North Andover, Massachusetts 01.845 Tele hone 978 688-9540 Sandra Starr P ( ) Health Directot- Fax(978)688-9542 April 2, 2001 Ruby Benson Gould 880 Great Pond Road North Andover, MA 01845 Re: Your letter of March 29, 2001 Dear Mrs. Gould: It was with dismay that I read your letter concerning the flooding of your home. My heart goes out to you. As a public servant it is often frustrating that we cannot do more when our citizens are in crisis. Accompanying this letter is a document that addresses safety measures and salvage of household items. I hope it will assist you in some way. There are also some recommendations that I would like to mention. 1. It is best to have the house cleaned before you move back in since there was raw sewage in the floodwaters. 2. Your braided rugs can be cleaned and salvaged (provided, of course, that they haven't shrunk or their colors haven't run). A professional rug cleaning company could probably do this for you. 3. As far as air quality goes, once everything has been cleaned and dried out, there shouldn't be a problem with air quality. If you need reassurances in order to feel comfortable about the air quality, I suggest you look for an air quality testing firm. If you cannot locate one, please call and ask for our help. A member of my staff has spoken to DPW about possible remedies to prevent future occurrences of sewer overflow. I believe the DPW is discussing a particular type of valve as one possible solution. The Health Department will attempt to follow this up and make sure that you are kept updated. I hope things are looking up for you. My very good wishes, Sandra Starr, R.S., C.H.O. Health Director BOARD OF APPEALS 688-9541 .BUILDING 688-9545 CONSERVATION 688-9530 NURSE 638-9543 PLANNING 688-9-53 5 Ruby Benson Gould 880 Great Pond Road North Andover, MA 01845 y�'?0, �i ..`, 11A Town Manager i Town of North Andover O 2001 120 Main Street North Andover, 01845 L l To whom it may concern: March 29, 2001 I am an independent, 79 -year-old widow living alone at 880 Great Pond Road; a home I shared with my late husband, for 20 years. My home is a small two story, built_on a slab, with an attached two -car garage. The following incident occurred on Thursday, March 22, 2001, the day of the heavy rain and street flooding. After cleaning up morning breakfast, I went upstairs to the second floor at about 10:00 a.m. At approximately 11:30 a.m., I returned downstairs to find the entire first floor (living room, den, dining room, kitchen, furnace room and bathroom) completely submerged under an inch or so of what I thought was storm water flooding. As I sloshed through the downstairs, I found that the source of my troubles was not floodwaters, rather raw sewerage was surging onto the floor of the first floor bathroom out of the overflowing toilet and shower drain. Fruitlessly I attempted to bail water out of the toilet, but it soon became apparent that the sheer volume of liquid flow far exceeded any ability I had to stop the flow. It also became visually apparent that the flooding liquid was clearly sewerage from the main line at the street as small amounts of recognizable human waste was visible in the gushing toilet and on the living room, dining room and kitchen floors. I used the phone to call both of my two sons who live and work in nearby Boxford to enlist their assistance. I also called 911 to solicit help. Upon the arrival of my sons another call was made to 911 to indicate that this problem was sewerage, not storm water, and it entirely covered the first floor living area of my home. My sons also constructed makeshift barriers to direct the swelling sewerage out of the bathroom, out the door and into the attached garage. At some point in the early afternoon (I cannot recall the time), the North Andover Fire Department arrived. A gentleman introduced himself as Lieutenant McCarthy and quickly understood the enormity of the devastation I was facing. He used his portable radio to request assistance for the North Andover DPW and the North Andover Board of Health. He also inspected the first floor and realized that because of the flow of the liquid out into the garage, the flood was only at a level of one or two inches. He assured us that the electrical and natural gas heating systems were not likely to become a fire hazard. Lieutenant McCarthy was very gracious and empathetic, however he and his crew needed to leave us to attend to other families whose floodwaters were creating potential fire hazards. A little later in the afternoon, a DPW worker did venture down the driveway and informed my son that the sewer main along the street was completely filled and sewerage was also coming up and out of the manhole covers. He was also polite and empathetic, but indicated there was little he could do to assist us. He recommended we acquire pumps and try to pump the sewerage out of the house into the yard. He also left to attend to other duties. My son called the Town Manager's office and explained the situation to the _ administrative assistant. He requested suggestions for combating the relentless onslaught of the surging sewerage. She was also very graciousand empathetic but was just as stymied as the rest of us. My son was told the manager was in a meeting and would be apprised of the situation. IAt 4:15 p.m. the flow of sewerage finally abated. The damage to my house is overwhelming. My fifty year old, homemade braided rugs were ruined. Major portions of the hand inlayed parquet floor had been swept up in the rushing sewerage and were in pieces on the garage floor. My furnishings and other items on the floor were saturated to the first inch or two in the sewerage. The stench was overpowering and completely permeated every inch of the house, both floors. Late that afternoon I abandoned the house and took up temporary residence with my son. Thank you for hearing my tale of woe. I understand fully that I am but one of hundreds of victims of this rather substantial, torrential storm. I am also.blessed with an accommodating nearby family, countless supportive friends and neighbors, a compassionate local church parish and frankly, good insurance coverage. Yet I would ask your assistance in three specific areas: Due to the sheer volume of homes that were damaged, the professional cleaning companies are backlogged for weeks. I am still unaware of when clean up will commence on my property. While the liquid has dried up, I am concerned that the festering remnants are degrading the air quality in the house to the point that it may remain unhealthy even after cleaning. Are you aware of any local, state or federal agencies with recommendations, guidelines or suggestions on this issue? If so, could you forward that information to me? 2. I am concerned that Mother Nature will someday provide us with a repeat performance and I would appreciate assistance in installing some mechanical method through which the back up of the town system into my home can be stopped in the future. What are the Town of North Andover's plans or intentions to improve the system on the street or install safeguards against future occurrences? 2 3. Although I have received assurances and good service from, my insurance carrier, I am of course concerned with the likely exorbitant ultimate cost of the clean up and repair. It is prudent for me to request that you consider this letter as a notification of potential claim. North Andover is a wonderful town and I appreciate being part of it. I have lived either in North Andover or West Boxford since the age of three. During World War II, I worked in Town Hall and even now check—in voters at elections. I'd like to get my house cleaned -up and come home. Thank you for reading my letter, and I look forward to any information or assistance you are able to provide. I can be reached at my son's (Alan. Benson) home at 352-2911 or you may contact him directly at his work at 352-8021. 1 Cordially, Ruby Benson Gould cc: North Andover Board of Health Timothy Willet, Town Engineer, Town of North Andover North Andover Council on Aging 3