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HomeMy WebLinkAboutMiscellaneous - Lots 7 & 2 Great Pond RoadL N 00 4 Page 1 of 2 Starr, Sandy From: Glennon, Michel Sent: Tuesday, January 07, 2003 3:02 PM To: Starr, Sandy Subject: RE: Lot 2 - Great Pond Road - Regulations re: horses from BOH and Zoning Questions - Combined Issue Hi, Sandy; Its on the lake side opposite Coachmans Lane, according to Map 37A. Mich. -----Original Message ----- From: Starr, Sandy Sent: Tuesday, January 07, 2003 2:31 PM To: DelleChiaie, Pamela Cc: Glennon, Michel Subject: RE: Lot 2 - Great Pond Road - Regulations re horses from BOH and Zoning Questions - Combined Issue We would want to see a plot plan - to scale - with topography and the location of the paddock and stable on the lot - also a written document on how the owners would manage the manure, wood chips, etc. I'm a little confused about which side of the street they want the stable. We would prefer it NOT be on the lake side. SS 1/7/2003 -----Original Message ----- From: DelleChiaie, Pamela Sent: Tuesday, January 07, 2003 1:52 PM To: McGuire, Mike Cc: Lagrasse, Brian; Starr, Sandy Subject: FW: Lot 2 - Great Pond Road - Regulations re: horses from BOH and Zoning Questions - Combined Issue Importance: High -----Original Message ----- From: Glennon, Michel Sent: Tuesday, January 07, 2003 12:46 PM To: DelleChiaie, Pamela Subject: RE: Lot 2 - Great Pond Road - Regulations re: horses from BOH and Zoning Questions - Combined Issue Hi, Pam; Mike McGuire is the one for definitive zoning designations. I'm guessing that Lot 2 is R-1 and in the Watershed. R-1 would allow 4 somethings, animals or birds, not including household pets (4 acres = 4 somethings). I think watershed = Planning. So far, maybe doable. However, map 37A shows the pumping station access is between Lot 1, 440 Great Pond Road and Lot 2. -----Original Message ----- From: DelleChiaie, Pamela Sent: Tuesday, January 07, 2003 11:44 AM To: Starr, Sandy; Glennon, Michel Cc: Lagrasse, Brian Subject: Lot 2 - Great Pond Road - Regulations re Combined Issue Importance: High Call from Rob Widden - Carlson Real Estate. 978-685-5000 horses from BOH and Zoning Questions - He has a client who is interested in purchasing Lot 2 Great Pond Rd. This property abuts Or 1 /7/2003 Page 2 of 2 town pumping station to the lake - roe is to the left. This roe is 4.43 acres has 344 P P g property rtY� property �Y� feet frontage on the street. Carlson recently sold the old Al Manzi estate (440 Great Pond Road) directly across the street. This same client wants to purchase the land strictly to keep horses. They would not be building a residential home on it. Want to just keep horses there. They want to put in small barn and paddock, probably a running rink for several horses. If the client could do this, would like to rezone properties to incorporate the two parcels into 10 acres of land. Are there zoning considerations? What are the BOH regulations for the horses in this situation. What client is proposing would be in excess of 250 feet from the lake. Rob would like to get a response back today if possible. Thank you. DelleChiaie, Pamelfia From: Pamela DelleChiaie[pdellechiaie@townofnorthandover.com] Sent: Wednesday, January 08, 2003 12:12 PM To: 'rwhidden c@carlsonre.com' Subject: FW: Follow -Up on Information for Lot 2 Great Pond Road Sensitivity: Personal -----Original Message ----- From: Pamela DelleChiaie[mailto:pdellechiaie@townofnorthandover.com] On Behalf Of DelleChiaie, Pamela Sent: Wednesday, January 08, 2003 12:06 PM To: 'rwidden@cadsonre.com' Cc: McGuire, Mike; Wilson, Deb; Hmurciak, Linda Subject: Follow -Up on Information for Lot 2 Great Pond Road Importance: High Sensitivity: Personal Rob, As a follow-up to our phone conversation yesterday, I just wanted to clarify a few items with regard to proposed requests from your clients for Lot 2 Great Pond Road: Unfortunately, there is not one quick answer I can give you. 1 was advised that to get a firm answer on your questions, you need to submit an official proposal and complete related applications for the various issues before anything can be discussed, as these issues will need to be reviewed concretely to be clarified. With regard to the BOH: Complete and submit an Animal Permit form. You must submit the application, along with a copy of the plot plan with the proposed locations drawn in for the building structures, etc., and the plan for disposal of all manure, the exact distance from lake, etc., as we discussed, so that the potential plan can be reviewed by the Board of Health. These issues also need to be run by the Water Treatment Plant. You may possibly need get on the agenda and attend the next BOH meeting on January 23rd. Zoning Changes: The zoning enforcement officer must answer any of these questions. You can contact Mike McGuire at 978-688-9541. Planning Board: Re: the barn and paddock in the Watershed district. You must get a watershed special permit from the Planning Board. Their number is 978-688-9535. Hopefully this can point your clients in the right direction to get things going Pamela DelleChiaie, Board of Health Secretary Town of North Andover Community Development & Services 27 Charles Street North Andover, MA 01845 Tel. 978-688-9540 Fax 978-688-9542 P �Z�,� �,.,� - 2�N :.� -�J rte.n� e n V' �� S �n1Sw e 2 �� , r �, A/\ VL L 6� -� � �i Vo:;-`CeA Jf eLkt., Oma(/•-�� �c NNw �()r�, 4 Page 1 of 2 .a DelleChiaie, Pamela From: Starr, Sandy Sent: Tuesday, January 07, 2003 5:02 PM To: DelleChiaie, Pamela Subject: RE: Lot 2 - Great Pond Road - Regulations re: horses from BOH and Zoning Questions - Combined Issue Eeeesh! Hasn't he ever heard the word and considered the concept of a proposal? Besides, we need comments from the water treatment plant as well. I e-mailed them so hopefully they'll get something said tomorrow. Perhaps he'd like to be on the BOH agenda for the 23rd? Before we meet I want to hear what the WTP has to say, and discuss it with the Board. They might want him to come to the meeting. About his threats - he's got to do what he's got to do. If he feels this is necessary then he should call. He can't get a firm answer from any of us today because that requires an official application - as we've told countless people. Tnx. S -----Original Message ----- From: DelleChiaie, Pamela Sent: Tuesday, January 07, 2003 3:41 PM To: Starr, Sandy Subject: RE: Lot 2 - Great Pond Road - Regulations re: horses from BOH and Zoning Questions - Combined Issue Importance: High Sandy, I told Rob this, and said that you would like something in writing to review. He stated that it is just an empty plot of land right now. I explained we needed something visual. However, he would still like to come in and meet with you for a general discussion before doing this. Can I tell him a date/time? Said he would call Town Manager if no response. --P -----Original Message ----- From: Starr, Sandy Sent: Tuesday, January 07, 2003 2:31 PM To: DelleChiaie, Pamela Cc: Glennon, Michel Subject: RE: Lot 2 - Great Pond Road - Regulations re: horses from BOH and Zoning Questions - Combined Issue We would want to see a plot plan - to scale - with topography and the location of the paddock and stable on the lot- also a written document on how the owners would manage the manure, wood chips, etc. I'm a little confused about which side of the street they want the stable. We would prefer it NOT be on the lake side. SS -----Original Message ----- From: DelleChiaie, Pamela Sent: Tuesday, January 07, 2003 1:52 PM To: McGuire, Mike Cc: Lagrasse, Brian; Starr, Sandy Subject: FW: Lot 2 - Great Pond Road - Regulations re: horses from BOH and Zoning Questions - Combined Issue Importance: High 1/8/2003 Page 2 of 2 r -----Original Message ----- From: Glennon, Michel Sent: Tuesday, January 07, 200312:46 PM To: DelleChiaie, Pamela Subject: RE: Lot 2 - Great Pond Road - Regulations re: horses from BOH and Zoning Questions - Combined Issue Hi, Pam; Mike McGuire is the one for definitive zoning designations. I'm guessing that Lot 2 is R-1 and in the Watershed. R-1 would allow 4 somethings, animals or birds, not including household pets (4 acres = 4 somethings). I think watershed = Planning. So far, maybe doable. However, map 37A shows the pumping station access is between Lot 1, 440 Great Pond Road and Lot 2. -----Original Message ----- From: DelleChiaie, Pamela Sent: Tuesday, January 07, 2003 11:44 AM To: Starr, Sandy; Glennon, Michel Cc: Lagrasse, Brian Subject: Lot 2 - Great Pond Road - Regulations re: horses from BOH and Zoning Questions - Combined Issue Importance: High j Call from Rob Widden - Carlson Real Estate. l0/1 00i978-685-5000 /01 1 �� He has a client who is interested in purchasing Lot 2 Great Pond Rd. This property abuts town pumping station to the lake - property is to the left. This property is 4.43 acres has 344 feet frontage on the street. Carlson recently sold the old Al Manzi estate (440 Great Pond Road) directly across the street. This same client wants to purchase the land strictly to keep horses. They would not be building a residential home on it. Want to just keep horses there. They want to put in small barn and paddock, probably a running rink for several horses. If the client could do this, would like to rezone properties to incorporate the two parcels into 10 acres of land. Are there zoning considerations? What are the BOH regulations for the horses in this situation. What client is proposing would be in excess of 250 feet from the lake. Rob would like to get a response back today if possible. Thank you. 1/8/2003 c0lyb -�- Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street WILLIAM J. SCOTT North Andover, Massachusetts 01845 Director (978)688-9531 NORTfy� ° F A x °9 I 9SSAGNUSti/ Fax (978) 688-9542 APPLICATION FOR PERMIT TO KEEP ANIMALS AND BIRDS IN NORTH ANDOVER DATE: To the Board of Health: The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter III, Section 31 and 143 of the General Laws, and subject to the rules and regulations of the Board of Health. Kind of Animals No. Kind of Birds No. Lccatio Total Acreage Signature of Applicant Address Date Received Approved By Please return this application with a fee of $25.00 to the Town of North Andover, Board of Health Office, 27 Charles Street, North Andover, MA 01845. s Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 f ulie Parrino 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 :D Date: May 7, 2004 Date of Hearing: April 6, 2004, April 20, 2004, Decision: May 4, 2004 Petition of. Phillips Common LLC 200 Park Street, Suite 2 North Reading MA 01865 Premises Affected: Lot 2 Great Pond Road fA 1D3 P 11.6 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 a single-family house, grading and associated appurtenances located within the Non -Disturbance and Non -Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning rd voted tdAPPROVE, the Watershed Special Permit, based upon the following coni ons: Cc: Applicant Engineer Abutters DPW Building Department Conservation Department Health Depa ent 1l2 A �OP�T MAY SO�RD Oo APPEALS 638-35 ILDING 633-9545 BOARD OF APPEALS V tierto Aniles, Chairman orge White, Vice Chairman Felipe Schwarz, Clerk Rick Nardella John Simons t'ONSERF _STI{7i\' 688-9530 HEALTH 688-9540 PLANTQNG 688-9535 e Lot 2 Great Pond Road Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of Phillips Common LLC, 200 Park Street, Suite 2, North Reading, MA 01865 filed on March 3, 2004. The area affected is located at Lot 2, Great Pond Road in the R-1 Zoning District, Map 103, Lot 116. The lot was created in 1990 and is subject to the Watershed Protection District provisions for lots created on or prior to October 24, 1994. The applicant is requesting a Watershed Special Permit for the construction of a single family home, grading and associated appurtenances located within the Non -Disturbance and Non -Discharge Zones of the Watershed Protection District. Public hearings were held on April 6 and April 20, 2004. A Watershed Special Permit was previously issued by the Planning Board on September 9, 1999 for construction of a single family house, however the permit expired in 2001 and the applicant has not completed substantial work on the site, therefore a re -filing was necessary. Lot 2 is serviced by a separate gravel driveway, which is required to be separated by a 3' grassed strip from the common driveway which services lots 3 and 4. Lots 3 and 4 are serviced by a common gravel driveway permitted under a common driveway Special Permit issued by the Planning Board on September 9, 1999. FINDINGS OF FACT: 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. Specifically the Planning Board finds: 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 its findings on the following facts: a) The proposed structures will be connected to the Town sewer system; b) A covenant will be placed in the deed restricting and 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 construct the structure and appurtenances; e) This decision supercedes the decision issued on September 9, 1999 for construction of a single family home on Lot 2 in the Watershed Protection District. 2. There is no reasonable alternative location outside the Non -Discharge Buffer Zone, for any discharge, structure or activity, associated with the proposed project. IL 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 for Great Pond Road- Lot 2, filed by Philips Common LLC (application package includes application, abutter list, deed, declaration of covenants, conditions and restrictions and grant of easements, project narrative, previous Watershed Decision, memo from Fire Department dated 5/21/99, Positive Determination of Applicability, and Erosion and Sedimentation Control narrative dated December 11, 2003; b) Plans entitled: Site Plan in North Andover Mass Showing Proposed Homes, prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated May 17,1999; Detail Sheet in North Andover, Mass, prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated May 17, 1999 (Sheet 1 of 2); Detail Sheet in North Andover Mass prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated May 17, 1999 (Sheet 2 of 2); C) Drainage Calculation: • Prepared by Hayes Engineering, Inc., dated August 24, 1999, prepared by William Bergeron, P.E.; 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 41 modification by the Planning Board. 2) PRIOR TO ANY WORK ON SITE: a) A performance guarantee of one 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 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) Erosion controls must be extended along the entire limit of wort; as shown on the referenced plan and must be reviewed and approved by the Town Planner. Any existing erosion controls on Lot 2 must be fully replaced on the site. d) The clearing path associated with the installation of the sewer lime must be flagged in the field and reviewed and approved by the Town Planner. e) 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. f) The applicant shall schedule a meeting with the Town Planner and Director of Engineering to address the site distance problem at the driveway entrance off Great Pond Road. g) Wetland resource area boundary flags must be re-established per locations shown on the record plan and reviewed by the Town Planner. 3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) 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. b) The Planning Board must endorse the final site plan mylars and three copies of the signed plans must delivered to the Planning Department c) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be presented to the Town Planner for review. Provisions for maintenance of the driveway lights shall be specified in the driveway easement. When the Town Planner deems the easements adequate, a copy must be recorded with the Registry of Deeds and a certified copy of the recorded documents must be filed with the Planning Office. 4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) Foundation Plan: Immediately upon completion of the house foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.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. b) The hammerhead turn -around associated with the common driveway that services Lots 3 and 4 must be re -configured to allow for proper access for the Fire Department emergency vehicles. A letter from the Fire Department must be submitted stating the turn -around has been inspected and is satisfactory for emergency vehicle access. c) Site distance improvements at Great Pond Road, as recommended by the Department of Public Works, must be implemented and inspected by the Town Planner and Director of Engineering. d) A stone bollard shall be placed at the entry to the common drive off of Great Pond Road. This stone bollard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be as follows: 8" x 8" x 72". The stone shall have 48" exposed and 24" buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for purposes of public safety. e) Driveway lights, as shown on the record plan, shall be installed and functioning. 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 written stamped and signed, certification letter from the design engineer that the site was constructed as shown on the approved plan. Any and all changes from the original plans must be clearly identified in the letter. b) The Planning Board must by a majority vote make a finding 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 May 4, 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 Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Julie Parrino 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 c: Date: May 7, 2004 - - Date of Hearing: April 6, 2004, April 20, 2004, Decision: May 4, 2004 Petition of. Phillips Common LLC 200 Park Street, Suite 2 North Reading MA 01865 Premises Affected: Lot 3 Great Pond Road * C 0 � p 131 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 a single-family house, grading and associated appurtenances located within the Non -Disturbance and Non -Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to, the Watershed Special Permit, based upon the following conditigjf�- Cc: Applicant Engineer Abutters DPW Building Department Conservation Department De ent WA tl MAY 11 2004IJ 04a1l BOARD OF APPEALS 688- BUILDING 688-9545 BOARD OF APPEALS Signed: George White, Vice Chairman Felipe Schwarz, Clerk Rick Nardella John Simons CONSERVATION 688-9530 I -IE LTH688-95 0 PLANNING 688-9535 Lot 3 Great Pond Road Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of Phillips Common LLC, 200 Park Street, Suite 2, North Reading, MA 01865 filed on March 3, 2004. The area affected is located at Lot 3, Great Pond Road in the R-1 Zoning District, Map 103, Lot 131. The lot was created in 1990 and is subject to the Watershed Protection District provisions for lots created on or prior to October 24, 1994. The applicant is requesting a Watershed Special Permit for the construction of a single family home, grading and associated appurtenances located within the Non -Disturbance and Non -Discharge Zones of the Watershed Protection District. Public hearings were held on April 6 and April 20, 2004. A Watershed Special Permit was previously issued by the Planning Board on September 9, 1999 for construction of a single family house, however the permit expired in 2001 and the applicant has not completed substantial work on the site, therefore a re -filing was necessary. Lot 2 is serviced by a separate gravel driveway, which is required to be separated by a 3' grassed strip from the. common driveway which services lots 3 and 4. Lots 3 and 4 are serviced by a common gravel driveway permitted under a common driveway Special Permit issued by the Planning Board on September 9, 1999. FINDINGS OF FACT: 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. Specifically the Planning Board finds: 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 its findings on the following facts: a) The proposed structures will be connected to the Town sewer system; b) A covenant will be placed in the deed restricting and 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 construct the structure and appurtenances; e) This decision supercedes the decision issued on September 9, 1999 for construction of a single family home on Lot 3 in the Watershed Protection District. 2. There is no reasonable alternative location outside the Non -Discharge 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 for Great Pond Road- Lot 3, filed by Philips Common LLC (application package includes application, abutter list, deed, declaration of covenants, conditions and restrictions and grant of easements, project narrative, previous Watershed Decision, memo from Fire Department dated 5/21/99, Positive Determination of Applicability, and Erosion and Sedimentation Control narrative dated December 11, 2003; b) Plans entitled: Site Plan in North Andover, Mass Showing Proposed Homes, prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated May 17,1999; Detail Sheet in North Andover, Mass, prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated May 17, 1999 (Sheet 1 of 2); Detail_ Sheet in North Andover Mass prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated May 17, 1999 (Sheet 2 of 2); c) Drainage Calculation: • Prepared by Hayes Engineering, Inc., dated August 24, 1999, prepared by William Bergeron, P.E.; 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 one 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 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) Erosion controls must be extended along the westerly limit of work to a point southerly of the proposed house location as shown on the referenced plan and must be reviewed and approved by the Town Planner. Any existing erosion controls on Lot 3 must be fully replaced on the site. d) The clearing path associated with the installation of the sewer line must be flagged in the field and reviewed and approved by the Town Planner. e) 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. f) The applicant shall schedule a meeting with the Town Planner and Director of Engineering to address the site distance problem at the driveway entrance off Great Pond Road. g) Wetland resource area boundary flags must be re-established per locations shown on the record plan and reviewed by the Town Planner. 3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) 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. b) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed pians must be delivered to the Planning Department. c) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be presented to the Town Planner for review. Provisions for maintenance of the driveway lights shall be specified in the driveway easement. When the Town Planner deems the easements adequate, a copy must be recorded with the Registry of Deeds and a certified copy of the recorded documents must be filed with the Planning Office. 4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) Foundation Plan: Immediately upon completion of the house foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R-P.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. b) The hammerhead turn -around associated with the common driveway that services Lots 3 and 4 must be re -configured to allow for proper access for the Fire Department emergency vehicles. A letter from the Fire Department must be submitted stating the turn -around has been inspected and is satisfactory for emergency vehicle access. c) Site distance improvements at Great Pond Road, as recommended by the Department of Public Works, must be implemented and inspected by the Town Planner and Director of Engineering. d) A stone bollard shall be placed at the entry to the common drive off of Great Pond Road. This stone bollard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be as follows: 8" x 8" x 72". The stone shall have 48" exposed and 24" buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for purposes of public safety. e) Driveway lights, as shown on the record plan, shall be installed and functioning. 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 written stamped and signed, certification letter from the design engineer that the site was constructed as shown on the approved plan. Any and all changes from the original plans must be clearly identified in the letter. b) The Planning Board must by a majority vote make a finding 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 May 4, 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 Town of North Andover ? e�ttlD ;6.6L< Office of the Planning Department s.ti Community Development and Services Division 27 Charles Street " �q.EtEO FPP` 6 North Andover, Massachusetts 01845 9SsAcm Julie Parrino Town Planner Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Telephone (978) 688-9535 Fax(978)688-9542 Notice Of Decision Date: May 7, 2004 Date of Hearing: April 6, 2004, April 20, 2004, Decision: May 4, 2004 Petition of Phillips Common LLC 200 Park Street, Suite 2 North Reading MA 01865 Premises Affected: Lot 4 Great Pond Road 4 103 P 117 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 a single-family house, grading and associated appurtenances located within the Non -Disturbance and Non -Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning d voted the Watershed Special Permit, based upon the following cop iti ns;, , Cc: Applicant Engineer Abutters DPW Building Department Conservation Department Health Department � ZBA ��� 130ARD OF APPEALS 685-95 . DING 688-9545 G rge Whit6, Vice Chairman Felipe Schwarz, Clerk Rick Nardella John Simons CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Lot 4 Great Pond Road Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of Phillips Common LLC, 200 Park Street, Suite 2, North Reading, MA 01865 filed on March 3, 2004. The area affected is located at Lot 4, Great Pond Road in the R-1 Zoning District, Map 103, Lot 117. The lot was created in 1990 and is subject to the Watershed Protection District provisions for lots created on or prior to October 24, 1994. The applicant is requesting a Watershed Special Permit for the construction of a single family home, grading and associated appurtenances located within the Non Disturbance and Non -Discharge Zones of the Watershed Protection District. Public hearings were held on April 6 and April 20, 2004. A Watershed Special Permit was previously issued by the Planning Board on September 9, 1999 for construction of a single family house, however the permit expired in 2001 and the applicant has not completed substantial work on the site, therefore a re -filing was necessary. Lot 2 is serviced by a separate gravel driveway, which is required to be separated by a 3' grassed strip from the common driveway which services lots 3 and 4. Lots 3 and 4 are serviced by a common gravel driveway permitted under a common driveway Special Permit issued by the Planning Board on September 9, 1999. FINDINGS OF FACT: 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. Specifically the Planning Board finds: 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 its findings on the following facts: a) The proposed structures will be connected to the Town sewer system; b) A covenant will be placed in the deed restricting and 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 construct the structure and appurtenances; e) This decision supercedes the decision issued on September 9, 1999 for construction of a single family home on Lot 4 in the Watershed Protection District. 2. There is no reasonable alternative location outside the Non -Discharge 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 ofNorth Andover Planning Board Application for Watershed Special Permit for Great Pond Road- Lot 4, filed by Philips Common LLC (application package includes application, abutter list, deed, declaration of covenants, conditions and restrictions and grant of easements, project narrative, previous Watershed Decision, memo from Fire Department dated 5/21/99, Positive Determination of Applicability, and Erosion and Sedimentation Control narrative dated December 11, 2003; b) Plans entitled: Site Plan in North Andover, Mass, Showing Proposed Homes, prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated May 17,1999; Detail Sheet in North Andover, Mass, prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated May 17, 1999 (Sheet 1 of 2); Detail Sheet in North Andover, Mass, prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated May 17, 1999 (Sheet 2 of 2); c) Drainage Calculation: • Prepared by Hayes Engineering, Inc., dated August 24, 1999, prepared by William Bergeron, P.E.; 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 one 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 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) Erosion controls must be extended along the westerly limit of work to a point northerly of the proposed house location as shown on the referenced plan and must be reviewed and approved by the Town Planner. Any existing erosion controls on Lot 4 must be fully replaced on the site. d) The clearing path associated with the installation of the sewer line must be flagged in the field and reviewed and approved by the Town Planner. e) 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. f) The applicant shall schedule a meeting with the Town Planner and Director of Engineering to address the site distance problem at the driveway entrance off Great Pond Road. g) Wetland resource area boundary flags must be re-established per locations shown on the record plan and reviewed by the Town Planner. 3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) 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. b) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. c) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be presented to the Town Planner for review. Provisions for maintenance of the driveway lights shall be specified in the driveway easement. When the Town Planner deems the easements adequate, a copy must be recorded with the Registry of Deeds and a certified copy of the recorded documents must be filed with the Planning Office. 4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) Foundation Plan: Immediately upon completion of the house foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.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. b) The hammerhead turn -around associated with the common driveway that services Lots 3 and 4 must be re -configured to allow for proper access for the Fire Department emergency vehicles. A letter from the Fire Department must be submitted stating the turn -around has been inspected and is satisfactory for emergency vehicle access. c) Site distance improvements at Great Pond Road, as recommended by the Department of Public Works, must be implemented and inspected by the Town Planner and Director of Engineering. d) A stone bollard shall be placed at the entry to the common drive off of Great Pond Road. This stone bollard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be as follows: 8" x 8" x 72". The stone shall have 48" exposed and 24" buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for purposes of public safety. e) Driveway lights, as shown on the record plan, shall be installed and functioning. 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 written stamped and signed, certification letter from the design engineer that the site was constructed as shown on the approved plan. Any and all changes from the original plans must be clearly identified in the letter. b) The Planning Board must by a majority vote make a finding 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 May 4, 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