HomeMy WebLinkAboutMiscellaneous - 880 GREAT POND ROAD 4/30/2018 (4)0/11'r [3SP OFinding 13408
Application filed ft - (0 7
Hearing due on: - _2 7
Decision due on:-- 2 -21 -a -Z
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Town of North Andover
ZONING BOARD OF APPEALS
Allwil P.Nhilzi Rjj-�(I. (,M11"WAIN
1.111('11 P-Mclillyre,
R W I 1:11 d I Bvers, 1 q. Ck,-k. ttORTil
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David R. \X,(-b"1cl- 0
I iwo,,ialc .'t L.wben
1). Ippolito
Rich:u-d )J. \ aillancour 41
Darlid S. Braosc,
�SS�cHusEt
TOwn Ci,-rk
June 24, 2008
Raymond A. Viven;do, Esq.
89 Main Street
North Andover, Massachusetts 001845
RE: NA Great Pond Limited Partnership
886 Great Pond Road
North Andover, Massachusetts 01845
Regarding your request for a six (6) month extension of your Variance; please be advised that the Zoning Board
of Appeals approved a six (6) month extension relative to the premises affected at 880 Great Pond Road (Map
103, Parcel 111), North Andover, Massachusetts. Mass. Gen. L., ch. 40A, § 10 allows the Variance permit
granting authority to "extend the time for exercise of such rights for aperiod not to exceed six months'.
The Zoning Board of Appeals voted to extend the Variance decision 2007-014 for 880 Great Pond Road for six'
(6) months from August 14, 2008 to February 14, 2009 during the regular June 10, 2008 meeting upon a motion.
by Richard M. Vaillancourt and 2d by Ellen P. McIntyre. Voting in favor: Ellen P. McIntyre, Joseph D.
LaGrasse,.,Richard J. Byers, Albert P. Manzi, III, and Richard M. Vaillancourt.
N*Andover Zoningoard ofkppeals
ert P. Manzi, III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Joseph D. LaGrasse
Associate :Member
Richard M. Vaillancourt
cc: Town Clerk
ZBA file 2007-014.
M103P1 11.
1600 St., HId,, -`G MA
Phone - 97k-68,8,-954 I Fa\: - 97R -OU -9;42 \VCT) - wv, tovoicAnof
Albert P. _4lanzi III, List'. Chairman
F,,Hen 1?. 1eLtl}'re, t'7ce-6 hairmmn
Richard J. Byers, Escl. C&rk
Joseph D. LaGrasse
David R. Wcbster
"I S.foriale Alembers
77iontas D. Ippolito
Richard M. Vailiancoutl
Daniel S. Braese, Esq.
Town of North Andover
ZONING BOARD OF APPEALS '.
t.� G M -)'R 2 `J ,1't
lia
0
Minor Modification to Notice of Decision Year 2007
Property at: 880 Great Pond Road
C,
Torn Clerk Time Stamp
NAME: NA Great Pond Limited Partnership,
MODIFICATION DATE: 4-8-08
c/o Raymond A. Vivenzio, 89 Main Street,
North Andover
ADDRESS: for premises at: 880 Great Pond Road
PETITION: 2007-014
North Andover
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 8, 2008, at 7:30
PM in the Town Hall Meeting Room, 120 Main Street, North Andover, MA upon the application of NA Great Pond
Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond
Road (Map 103, Parcel 111), North Andover requesting the Board to modify/clarify the dimensional Variance relief
granted on August 14, 2007 from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning
Bylaw, Section 4, Paragraph 4.136.3.c.ii.3.
The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D.
Ippolito, and Daniel S. Braese.
Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito, the Board found that the request is a minor
modification correcting the clerical omission of the third setback requiring dimensional relief from the Non -
Disturbance Buffer Zone of the Variance request and that this modification does not alter the intention of the Variance
decision 2007-014 for 880 Great Pond Road. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi,
III, Thomas D. Ippolito, and Daniel S. Brame.
Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito, the Board voted to GRANT the applicant's request
to modify Variance 2007-014 to include the omitted phrase "variance is also granted from the two hundred fitly (250
foot horizontal dimension of the Non -Disturbance Buffer Zone from the annual mean high water mark of Lake
Cochichewick". In all other respects the original decision reins in full force and effect as modified hereby.
North Andover Zoning Board 6f Apj
A,.&rt P. Manzi, III, Esq., Chairman
`Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Daniel S. Braese, Esq.
Decision 2007-014 Modification.
M103PI11.
Enclosure: Decision 2007-014.
1600 Ose.00d St. 131(t 20 - Suite 2-36" Notch Andowi-. MA 01845
Phouc - 978-688-9541 Fax - 978-688-9542 Web - w\,.lv.to\iiioliiortha.ndovcr.com
:Albert P. Manzi III, Esq. Chaiman
Ellen 1. McIntyre, l ire -Chairman
Richnal 1. lavers, l_?sq. Clerk
Joseph D. LaGrasse
David R. Webster
,-Iunriale Members
Thomas D. Ippolito
Richard %4. Vaillancourt
Daniel S. 13raese, Esq.
Town of North Andover
ZONING BOARD OF APPEALS
Any appeal shall be filed within Notice of Decision
(20) days after the date of filing Year 2007
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
Tov✓n Ckrk'1'inu Stnmp
2C'G? f U 29 16
J iA
40A, §17 Property at: 880 Great Pond Road
NAME: NA Great Pond Limited Partnership HEARING(S): August 14, 2007
ADDRESS: 880 Great Pond Road PETITION: 2007-014
North Andover, MA 01845 TYPING DATE: August 21, 2007
i..
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street, North Andover, MA on Tuesday, August 14, 2007 at 7:30 PM upon the application
of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises
at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting dimensional Variance from the
Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs
4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for relief from the requirement that an
addition or expansion be less than fifty (50) percent in gross floor area in order to raze and reconstruct a single
family dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within
the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -
Tribune, a newspaper of general circulation in the Town of North Andover, on June 25 & July 2, 2007.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R.
Webster, and Daniel S. Braese. The following non-voting member was present: Thomas D. Ippolito.
Upon a motion by Joseph D. LaGrasse and 2nd by David R. Webster the Board voted to GRANT dimensional
Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4,
Paragraphs 4.136.3.c.ii.3 for relief 501rom the setback requirement of the Non Disturbance Zone's 100' Buffer
Zone and 15' from the non -disturb zone in order to raze and reconstruct a single family dwelling; per:
Site:
O
Site Plan Title:
Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover,
Mass, Town Map No. 103, Town Lot No. 111
A
May 29, 2007
Registered Professional Land
Surveyor:
William S. MacLeod, Reg. Prof. Land Surveyor #29644, Andover Consultants
Inc., 1 East River Place, Methuen, Mass 01844
Any appeal shall be filed within Notice of Decision
(20) days after the date of filing Year 2007
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
Tov✓n Ckrk'1'inu Stnmp
2C'G? f U 29 16
J iA
40A, §17 Property at: 880 Great Pond Road
NAME: NA Great Pond Limited Partnership HEARING(S): August 14, 2007
ADDRESS: 880 Great Pond Road PETITION: 2007-014
North Andover, MA 01845 TYPING DATE: August 21, 2007
i..
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street, North Andover, MA on Tuesday, August 14, 2007 at 7:30 PM upon the application
of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises
at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting dimensional Variance from the
Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs
4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for relief from the requirement that an
addition or expansion be less than fifty (50) percent in gross floor area in order to raze and reconstruct a single
family dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within
the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -
Tribune, a newspaper of general circulation in the Town of North Andover, on June 25 & July 2, 2007.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R.
Webster, and Daniel S. Braese. The following non-voting member was present: Thomas D. Ippolito.
Upon a motion by Joseph D. LaGrasse and 2nd by David R. Webster the Board voted to GRANT dimensional
Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4,
Paragraphs 4.136.3.c.ii.3 for relief 501rom the setback requirement of the Non Disturbance Zone's 100' Buffer
Zone and 15' from the non -disturb zone in order to raze and reconstruct a single family dwelling; per:
Site:
880 Great Pond Road (Map 103, Parcel 111), North Andover, MA 10845
Site Plan Title:
Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover,
Mass, Town Map No. 103, Town Lot No. 111
Date (& Revised Dates):
May 29, 2007
Registered Professional Land
Surveyor:
William S. MacLeod, Reg. Prof. Land Surveyor #29644, Andover Consultants
Inc., 1 East River Place, Methuen, Mass 01844
Building Plan Title:
Ercolini Residence, Great Pond Road, North Andover5
By:
Rob Bramhall Architects, 14 Park Street Andover. Massachusetts 01810
Date:
05-01-07
Sheet/Drawing:
Al First Floor Plan, A2 Second Floor Plan, A3 East & North Elevation, A4
West & Southwest Elevation
With the following condition:
1. The proposed structure shall not intrude closer than 50' into the no build zone and the proposed
construction activity shall not exceed 15' of the previous disturbance per the engineered plan.
Page 1 of 2
1600 Osgood Street, Building 20 - Suite 2-36, North Andover, .Massachusetts 01845
Phone - 978-688-9541 F'ax - 978-688-9542 Web - xv�vw.tol�rtolnort}tandover.com
Albert P. Manzi 111, Esq. Cbairman
1711en P. NIchityre, I ice -Chairman
Richard I. Byers, Esq. Clerk
Joseph D. LaGrasse
Dm -id R. V ebster
Asswiale .11 embers
'112omas D. Ihpolito
Richard \2, Vaillancourt.
Daniel S. Braesc, F_sq.
Town of North Andover
ZONING BOARD OF APPEALS
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Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S.
Braese.
The Board finds that a Variance from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be
less than fifty (50) percent in gross floor area is not required because the proposed single family dwelling will be a
new structure.
The Board finds that the lot designated 880 Great Pond Road (Map 103, Parcel 111) was created before October 24,
1994 therefore the provisions of the Conservation Zone, the enlarged Non -Disturbance Zone, and the Non -
Discharge Zones do not apply. The Board finds that owing to circumstances relating to the shape and topography of
880 Great Pond Road (Map 103, Parcel 111), especially affect this land by being bounded on the north by Lake
Cochichewick. The Board finds that the lot has existing water and sewer connections, that the proposed single-
family dwelling's footprint is designed to stay outside the 50' no -build line. The Board finds that the permeable
driveway paving and roof runoff infiltrators will lessen the impact of the lot usage on Lake Cochichewick, which is
the purpose of the Watershed Protection District. The Board finds that the granting of this Variance will not affect
generally the Residential 1 and Watershed Protection District zoning districts in which it is located and that a literal
enforcement of the provisions of Section 4.136.3.c.ii.3 would involve substantial hardship, financial or otherwise, to
the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that desirable
relief may be granted from Section 4.136..3.c.ii.3 without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw.
Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide
by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as
required by the Inspector of Buildings.
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant,
it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit
granted under the provisions contained herein 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, it shall lapse
and may be re-established only after notice, and a new hear i%
Noh Andover Zoning
en
P. Manzi, III, E,,,
E11en P. McIntyre, vic�
Joseph D. LaGrasse
David R. Webster
Associate Member
Daniel S. Braese, Esq.
Decision 2007-014.
M103PI 11.
Page 2 of 2
1600 Osgood Street, Building 20 - Suite 2-36, North Andover_, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - w%Aw.tov<llofnorthandover.com
IIx +- ox f -7,y� f ?,x = a9
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Joseph D. LaGrasse
David R. Webster
Associate Members
Thomas D. Ippolito
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS ,RECEIVED _
7 �OAATEO I•PPy.��
4SSACHus�`
€007 JUN 418 AM 10: 4 0
Legal Notice
North Andover, Board of Appeals
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S A C [ i U =3 r.M 1
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public
hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 100`
of July, 2007 at 7:30 PM to all parties interested in the application of NA Great Pond Limited
Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880
Great Pond Road (Map 103, Parcel 111), North Andover requesting dimensional Variance from
the Watershed Protection District's Nan -Disturbance Buffer Zone of the Zoning Bylaw, Section
4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for
relief from the requirement that an addition or expansion be less than fifty (50) percent in gross
floor area in order to raze and reconstruct a single family dwelling.
Said premises affected is property with frontage on the Southwest side of Great Pond Road
within the R 1 zoning district..
Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,
Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of
8:30AM to 4:30PM.
By order of the Board of Appeals
Albert P. Manzi, R Chairman
Published in the Eagle -Tribune on June 25 & July 2, 2007.
Legalnotice 2007-014.
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1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com
IIx
ZBA 4 5 0
Date -6 ..... o ... 0.,7
TOWN OF NORTH ANDOVER
RECEIPT
This certifies that . AaA.1.........4M.`.7.t-0...............
has paid ...t .� � ...0 Vt ..��.�.-95..........fl... G. "..... 1.�
for.. J?. ...4.x::1 Gi .. Y . ,P - t).�(/......
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Receivedby .. /......................................................................
Department ....�"..,� ...............................................
WHITE: Applicant CANARY: Department PINK: Treasurer
Zoning Board of Appeals North Andover
Hearing No.: ZOA-2007-0052 Date: June 21, 2007
APPLICATION TYPE: SUBMISSION DATE:
Res. Variance Thu Jun 14, 2007
ApplicarWs Name:
NAME,
NA GREAT POND UM/TED PARTNER CIO ER
ADDRESS:
55 SUMMER STREET
TOWN:
NORTHANDOVER
TOWN:
BOSTON
STATE
MA
ZIP CODE:
02110
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
MAP:
Site Information:
Owner's Name:
NAME
GOULD, RUBY®
ADDRESS
880 GREAT POND ROAD
TOWN:
NORTHANDOVER
STATE
MA
I ZIP CODE:
01845
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
Work Location.:
SITE ZONING:
880 GREAT POND ROAD
DECISION DRAFT BY:
TOWN:
SECTION OF BYLAW:
MORTHANDOVER, MA 01845
4.130.1c F
GIS #
MAP:
BLOCK
LOT:
ACTION TAKEN:
5705
1 103.0
1 0111
I
VOTING DEADLINE:
Reason for filing:
4.13&&cJf 9 reftf setback & from 4.138.3.c.1U for nefief from addition or agwnslon greater than 509. in GFA In order to raze and
reconstnrct a single family dwelling.
HARDSHIP:
FINDINGS
COULD NOT DEROGATE BECAUSE
FILING DEADLINE
MAILING DATE:
HEARING CONTINUED DATE:
DECISION DRAFT BY:
APPEAL DATE
REFERRALS IN DATE:
HEARING DEADLINE DATE
HEARING CLOSE DATE
FINAL SIGNING BY:
APPEAL DEADLINE
FIRST ADVERTISING DATE:
HEARING DATE:
Tue Jul 10, 2007
VOTING DATE
DECISION DATE:
SECOND ADVERTISING DATE:
HEARING TIME
VOTING DEADLINE:
DECISION DEADLINE:
MEMBERS PRESENT: VOTE
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
MINUTES OF MEETING:
GeoTMS® 9888 Des Lauders & Associates, Inc.
A& OE ,LED �
Town of North Andover' ``'' '-`"
Office of the Planning Departmenf Lige JJp 6 P, : "9
Community Development and Services Division
North Andover M T i
�H�Sf` Massachusetts 01845 wl j ' r x r r, _•
NOTICE OF DECISION
Bldg.ZBA
Any appeal shall be filed Con/Com Health
within (20) days after the Fire Chief Police Chief
date of filing this notice in Town Clerk DPW/Engineers
the office of the Town Clerk.
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 Ercol* 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
District.
Referring to the above petition for a §A'atershed Special perry. from the requirements of the North 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.
After 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
essor
.
JUN 1 7 cUUO I
BOARD OF APPEALS
Curt Bellavance, Director
Planning Board
John Simons, Chairman
Alberto Angles, vice Chairman
Jennifer Kusek, Clerk
Richard Rowen
Tim Seibert
880 Great Pond Road, Map 103, Parcel 111
Watershed Special Permit— Construct Single -Family Residence
May 6, 2008
0.
The public hearing on the above referenced application was opened April 1, 2008 and closed by
the North Andover Planning Board on May 6, 2008.
On June 3, 2008 upon a motion made by Richard Rowell 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 complete application,
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 Cochichewick 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, VBB 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, VHB, 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, XOP -Disturbance and the Discharge
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;
01
880 Great Pond Road, Map 103, Parcel 111
Watershed Special Permit — Construct Single -Family Residence
May 6, 2008
P.
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 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 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:
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 Tune 3, 2010 (two years from the date of
is 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-Tay Associates, Inc.
Landscape Architects
7 South Street
Somerville, MA 02143
Date:
March 5, 2008, Revised 3/28/08
5
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emuvir
PLANNING1,1130ARDr,
-.,N0TIM0F4PUBLIC,
"HEARING WEDNES-,
>IJAXFggRJARY16.1.'-. 1:
In acoordanc.
e .With the i
lows:!!t.'3i
Par-
,pplicantMetitioi
Robeet,.Er.colihi;::19.5,Bn*,��
d1e,Pdth,N,o(.th,')Mdover, I
MA 01,8454't�
"iesoWner'?s,NA Great
Pond;tirnitad Tartner=;
ship 195 Sridl-e-,Path'
:North Aridover-rl-MA
Adtl
ress::bf'Premise&
Affecte& 880:Great
Pond, Roa d' :.:North
1 " , All interestewpersoPs
,may`. -appear. and ;'be.heard. Persoris needing
spedial accommodations
and Jmftde..interegted
invib�vinglthezpplication
materials =should -.contact
tW,North,,Ahdover,Pian
--:
'ning'Departffient at (978)
68&.9535
,77nicftard Nardello
� ;chairman
U.-1/22, 1/29/08
.-1/22,1/29/08
IT C M 0 � I
JAN 2 � Md
BOARD OF APPEALS
Bldg. ZBA
Con/Com Health
Fire Chief Police Chief
Town Clerk DPW/Engineers
I HEREBY CERTIFY THAT THIS
PLAN CONFORMS TO THE RULES AND
REGULATIONS OF THE REGISTERS OF
DEEDS OF MASSACUQSETTS.
REG. PROF. LAND SURVEYOR
DATE OF APPLICATION
DATE OF HEARING
DATE OF APPROVAL
I HEREBY CERTIFY THAT THE PROPERTY LINES
SHOWN ON THIS PLAN ARE THE LINES OF EXISTING
OWNERSHIPS, AND THE LINES OF THE STREETS
AND WAYS SHOWN ARE THOSE OF PUBLIC OR
PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,
AND THAT NO NEW LINES FOR EXISTING OWNERSHIP
OR FOR NEW WAYS ARE SHOWN, AND THAT THIS
PLAN CONFORMS TO THE RULES AND REGULATIONS .
OF THE REGISTERS OF DEEDS OF MASSACHUSETTS.
REG. PROF. LAND SURVEYOR
CIES
1.) WETLANDS WERE FLAGGED BY STEVEN ERIKSEN OF
NORSE ENVIRONMENTAL SERVICES ON MARCH 13, 2006.
2.) THE BLIILDING SITE IS NOT WITHIN THE 100-1EAR FLOOD PLAIN
AS IDENTIFIED ON FEMA FLOOD INSURANCE RATE MAPS.
a) THE ENTIRE LOT IS IN THE LAKE COCH104EWCK
WATERSHED PROTECTION OVERLAY DISTRICT.
4.) THE EXISTING DWELLING IS CONNECTED TO
PUBLIC SEWER.
8.) THE LOT IS IN THE R-1 ZONING DISTRICT.
N/F
RONALD C. h KAREN M.
McCLUSKEY
AL
LAKE
COCHICHEWICK /
LOCATION OF BRIDGE
AT THE TIME OF
SURVEY IN 2008—+i ll
I�1
1X1
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NOTE:
PROPERTY UNE IS
EDGE OF LAKE CO
LOT 8
LAND COURT PLAN #20252D
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AIL `EDGE OF LAWN
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OWNER OF RECORD:
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EXISTING DRILL HOLE
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55 SUMMER STREET
x{17 p
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