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HomeMy WebLinkAbout2013-08-06 Planning Board Supplemental Materials (46) Town of North Andover t1ORTH / Office of the Planning Department ( 9 ��� \\\1➢ Community Development and Services Division * William J. Scott, Division Director 27 Charles Street ,Ssc►+usEt C, Julie Perrino p North Andover, Massachusetts 01845 Telephone (978)688-9535 Town Planner Fax(978)688-9542 Notice Of Decision This is to certify that twenty(20)days Any appeal shall be filed have elapsed from date of decision,filed without filing of an ppeal. Within (20) days after the Date Date of filing this Notice Joyce A.Bradshaw In the Office of the Town Town Clerk Clerk Date: March 24, 2004 Date of Hearing: February 3, 2004, March 2, 2004, Decision: MaiF �24, m 2004 ==u> FV Petition of Paul M. Russell 80 Saile Way,North Andover, MA 01845 , Premises Affected: 80 Saile Way,North Andover, MA 01845 .:- Referring to the above petition for a Watershed Special Permit. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L. Chapter 40-A, sec 11 c�— So as to allow: The construction of an inground swimming pool with surrounding deck o that is in the Non-Disturbance Zone of the Watershed Protection District. --t After a public hearing given on the above date, the Planning Board*oted to APPROVE, the Watershed Special Permit, based upon the following conditions: Signed: L_ Albe Angl , Chairma Cc: Applicant Ge a White, Vice Chairman Engineer F lige Schwarz, Clerk Abutters Rick Nardella DPW John Simons Building Department James Phinney Conservation Department ,_TT' ;; Health Department ATj'ile ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 80 Saile Way Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Paul M. Russell, 6 Thomas Road, Methuen, MA 01844, filed on December 19, 2003. The area affected is located at 80 Saile Way in the R-1 Zoning District, Map 63, Lot 47. The lot was created in 1992 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 an inground swimming pool and associated decking located within the Non-Disturbance Zone of the Watershed Protection District. Public hearings were held on February 3, 2004 and March 23,2004. A Watershed Special Permit was issued by the Planning Board on December 19, 1997 for construction of a single family home, driveway, associated grading and appurtenances located in the Non-Discharge Zone of the Watershed Protection District. A Watershed Special Permit for the pool is being issued in addition to the Watershed Special Permit previously issued for the house construction. 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 filtration system being proposed for the pool is a non-backwash type cartridge system and the pool water sanitation system is a chemically free design that treats pool water with a dual purification system using ionization and ozonation. Use of this particular type of filtration system will be placed in the deed. d) The topography of the site will not be altered substantially. e) The limit of clearing is restricted to the minimum necessary to construct/renovate the structure and appurtenances; f) This decision is being issued in addition to the decision issued on December 19, 1997 for construction of the house. All conditions required in that decision must be adhered too in addition to the conditions required under this permit. 2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone, for any discharge, structure or activity, associated with the proposed project. 3. In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the use is accessory to an existing single family; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Town of North Andover Planning Board Application for Watershed Special Permit filed by Paul M. Russell on December 19,2003; b) Plans entitled: Special Permit Site Plan,Lot 3 Great Pond Estates(#80) Saile Way,North Andover,MA,Applicant:Paul Russell, 231 Broadway, Methuen,MA 01844,Design By: Civil Construction Management Inc., 8 Merrimac Road, Box 475,Newton,NH 03858, Tel(603) 382- 7650; dated 8-25-03, revised 3-10-04, (1 sheet); 1"=40' Scale stamped by Dennis G. Quintal,P.E.; South Shore Gunite Pool & Spa, Inc., Serving New England, 7 Progress Ave., Chelmsford, MA 01824, 800-649-8080, (3 sheets), dated 12/08/03;no stamp; 8.5" by 11" architectural pool plan prepared by Jack Tremblay, Landscape Architect, 10 Amesbury Ave., Amesbury, MA 01913; 1/8"scale plan dated 4/17/03; c) Reports From: Dennis G. Quintal,P.E., Civil Construction Management,Inc.,dated December 15,2003; Dennis G. Quintal, P.E., Civil Construction Management, Inc., dated February 3,2004(3 page drainage calculation report); Jeff Fiske, South Shore Gunite Pool&Spa,Inc., dated November 11, 2003 (includes brochures on the pool cartridge system); d) VHB Engineering reviews: • Reports prepared and signed by Timothy McIntosh, P.E. dated 1-26-04 and 3-12-04; The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) PRIOR TO ANY WORK ON SITE: a) A performance guarantee of two thousand dollars ($2,000) in the form of a check made out to the Town.of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. 3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) The Planning Board must endorse the final site plan mylars and three copies of the signed plans must be delivered to the Planning Department. b) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. d) The pool filtration system proposed is a non-backwash type cartridge system and the pool water sanitation system is a chemically free design that treats pool water with a dual purification system using ionization and ozonation. This filtration system must be incorporated into the deed and use of this system or its equal or better must be used in perpetuity on the site. Changes of the type of pool filtration system used must be reviewed and approved by the North Andover Planning Board. Failure to comply with this condition will result in revocation of the Special Permit. 4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) Foundation Plan: Immediately upon completion of the pool foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (RP.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 5) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a 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.