HomeMy WebLinkAboutDecision - 681 GREAT POND ROAD 3/21/2017 ilk
Town of North Andover To hEcr-/V
Office of the Planning Department �� CC E'Jjf
Community Development and Services Divi f
120 Main Street k27 py 1.54
North Andover,Massachusetts 01845 No roWN
NOTICE OF DIECISIOIrI NA3SA N` 5E
WATERSHED DISTRICT SPECIAL PERMIT
,?
IA
Any appeal shall be filed
within(20)days after the
slate of filing this notice in
the office of the Town Clerk
Date: March 21,2017
Date of'Public Nearing: March 21,2017
Petition of: Carl Aquilina
681 Great Pond Road
North Andover,MA 01845
Premises Affected: 681 Great Pond Road(Map 63 Lot 26)
North Andover,MA 01845
Referring to the above petition for Review of a Watershed Special Pernir according to the requirements of
the North Andover Zoning Bylaw,Sections 4.136, 10.3,and 10.31 and MGL C.40A,Sec.9
So as to allow the construction of a 656 square foot addition to the single story ranch house in the Non-
Discharge Zone.The project is located within the Residential l (R 1)Zoning District.
After a public hearing given on the above date, and upon a motion by Lynne Rudnicki ,and a 2nd by Lora
McSherry, to APPROVE, as amended, a Watershed) Speciatl Permit with the following conditions
imposed on the project by a vote of 4 in favor and 0 against.
On behailf the North A4ver Planning Board
John S inions,Chairman
Lynne Rudnicki
Lora McSherry
Aaron Freston,Associate
'This is to sway that twanty 1:20)days
have elapsed from date of decision,filed
14hout filing of an appeal. r ATTEST:
Aliae Copy
Joyce A.Bradshaw
"foam Clerk
'rowdclerlc '
Bk 15054 Pc1r294 #9832
The Public Hearing on the above referenced application was opened on March 21,2017 closed by the North
Andover Planning Board on March 21,2017.
On March 21,2017,upon a motion made by Lynne Rudnicki and seconded by Lora McSherry to
APPROVE,as amended,a Watershed Special Permit to allow the:construction of a 656 square foot
addition to the single story ranch house in the Non-Discharge Zone.The project is located within the
Residential 1 (R-1)Zoning District.This Special Permit-was requested by Carl Aquilina,681 Great Pond
Road,North Andover,MA 01845 on February 16,2017. The Applicant submitted a complete
application,which was noticed and reviewed in accordance with Section 4.136, 10.3,and 10.31 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 this decision.
The Planning Board vote was unanimous. A special permit issued by the special permit granting
authority requires a vote of at least four members of a five-member board..
The Applicant is hereby noted that should the Applicant disagree with this decision,the Applicant has the
right, under 1vIGL 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 SOF FACT:
1) The project is located within an extremely environmental sensitive area and in close proximity to Lake
Cochichewick, the Town's sole drinking water supply; however, the final design includes the
implementation of Best Management Practices that reflect 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.
2) The proposed project:calls for a Stormtech SC-310 infiltration chamber to recharge roof drainage from
the addition,. The proposed work is located within the Non- Disturbance .done of the Watershed
Protection District. The project has been reviewed by the Town's Stormwat--r Review consultant,
Eggleston Environmental, and with the application of erosion control measures and modifications to the
drainage and storrnwater management designs,the consultant concluded that there will not be significant
degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system
and storrnwater management design are designed in accordance with the Town Bylaw requirements and
Best Engineering and Management Practices. (See email correspondence from L.Eggleston dated March
20,2017.)
:3) The specific Site is an appropriate location for the proposed use and structure.
4) Because of the unique characteristics of the Site the use as dovelopecl will not adversely affect the
neighborhood.
5) There will be no nuisance or serious hazard to vehicles or pedestrians.
6) Adequate and appropriate facilities are provided for the proper project.
7) The lot was created in 1994 and is not subject to the Conservation Zone,as described in section 4.136.2.
Table 1.
681 Great Pond Road
Watershed Special Permit
March 21,2017
Page 2 of 4
Bk 1505 : Pc1295 #9832
8) The Applicant has strategically located the addition at the furthest point possible from the wetland.
There is no reasonable alternative location outside the General,Non-Disturbance,and the Non-
Discharge Zones for any discharge,structure or activity.
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 CONDITTON•S:
9) Permit Definitions:
a) The"Locus"or"Site"refers to the approximately l acre parcel of land on a portion of
Assessors Map 63,Parcels 26 also known as 681 Great Pond Road,North Andover,
Massachusetts.
b) The "Plans"refer to the plans prepared by Hudson Design Group, Inc. entitled "Watershed
Special Permit Plan Aquilina Residence Map 63 Lot 26", dated March 1, 2017 and Revised
March 13,2017 and March 24,2017.
c) The"Project"refers to the construction of a 656 square foot addition to the single story ranch
house in the Non-Discharge Zone.The project is located within the Residential 1 (R-1)Zoning
:District.
d) The "Applicant" refers to Carl Aquilina, the applicant for the Watershed District 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.
10) The Planning Director shall approve any changes made to these plans. Any changes deemed substantial
by the Planning Director would require a Public Hearing and Modification by the Planning Board.
PRIOR TO ISSUANCE OF A BUILDING PERIffr
11)A performance guarantee bond of four thousand dollars ($4,000.00) 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.
12)In consultation with the Planning Director,the Applicant shall designate an independent construction
monitor.The monitor shall read, sign, and return to the Planning Department the Letier of Agreement
for Independent Monitors.Upon the start of site work the monitor shall make weekly inspections of the
project(any suspension in monitoring due to inactivity on the site shall be pre-approved by the Town
Planner),provide monthly reports to the Planning Department,and detail any areas of non-compliance
and corrective actions.The monitor will also provide reports:Following heavy rain events.The monitor
must also be available upon notice to inspect the site accompanying a Planning Department designated
official.
13)All erosion control measures as shown on the plan must be in place and reviewed by the Planning Staff.
14)Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free,
non-organic pesticides and herbicides use are prohibited,and-lhe use of coal tar-based pavement sealants
is prohibited.The Applicant shall incorporate this condition as a deed restriction and a copy of the
recorded deed shall be submitted to the Planning Department and included in the Me.
PRIOR TO RELEASE OF THE PERFORMANCE BOND
681 Great Pond Road
Watershed Special Permit
March 21,20,17
Page 3 of 4
Bk 15054 Pc.r296 #9832
15) The Applicant must submit a letter from the architect Find engineer of the project stating that the building,
landscaping,lighting and Site layout substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board.
16) The Plazuaing Board must by a majority vote make a fording that the Site is in conformance with the
approved plan.
GENERAL CONDITIONS
17)No open burning shall be done except as is permitted during'burning season under the Fire Department
regulations.
18) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
19) 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.
20) Pursuant to the North Andover Zoning Bylaw Section 10.31.3 this Special Permit approval shall be
deemed to have lapsed March 21, 2019 (two years from the date of issuance) exclusive of the time
required to pursue or await determination of any appeals, tireless 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
21)This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plans titled: Watershed Special Permit Plan Aquilina.Residence Map 63 Lot 26
Prepared for: Carl Aquilina
681 Great Pond Road
North Andover,MA. 01845
Prepared by: Hudson Design Group,Inc.
1600 Osgood Street
North Andover,MA 01845
Scale: 1'-40"
Date: March 1,2017 and Revised.March 13,2017&March 24,2017
cc:
Applicant
Abutters
681 Great Pond Road
Watershed Special Permit
March 21,2017
Page 4 of 4
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MAP 63, iSCtoi 1{, 1. THE S161EM PROPERTY Is LOCATED WITHIN THE TORN OF
1 LOT 26 ,,.q NORTH ANDOVER WATERSHED PROTECTION DISTRICT AND
p r!p 1 43,921 S. 1 "'T SL8=TD THE REOUM-1S OF SECTION 4.136 OF THE
A' f 'Q f _ TOWN OF NORM AN AR ZOMNO MIAWS.
y 14 Ply { 1.008 Acres Y
2. THE SU$XCr PROPERTY WAS CREATED 9/PIAN)4048
p 41Pj Q cl + WORDED IN THE ESSEX NORTH REGISTRY OF DEEDS,
'•63 r "#C2 DATED DEC.1959,REVISED TO AM 7,1950.
3. THE WETLANDS WERE DELINEATED ON NOVEMBER 3.2018
1
By WMANDS&LAND M4WbMENr,NC.
4. THE MEAN WCC WATER ALAIEK OF LAKE COC H &'AICX HAS
Q { 1 m1 AN ELEVATION OF 113.57 ON DIE UNITED STATES COAST
AND OEOOEFIC SURVEY 6�•y O �PROPOSED $.J 11 TCMB .50 OF THE
AJ/OOJFA HMW'BYIAY15.ATUW PER SECTION x5LIB7ECT c
ti STURYTEtl1 O� _ t PRD 1 S GREATER TPAN 1,400 FEert:)FROM TACE y+:•1 G.
1.00 COCHICHEWM
PROPOSED NEW ADDITION FLOOR ANFA NOT
OF THE GROSS FLOOR AREA Of THE Ex6TING SIRUCNRE u�F3C
WASS \ Vp"lyliLJT' IN AOCORDWLE WITHSEtTION 4.1363(C)1(7)OF THE TOWW
•\ y OF WORTH ARD04M MM IMAMS: A -+
..\.. - "� FLOOR
OOSS AREA
OF EEXISTNc�STR51c�TLIM 1.271 SF507 OF t.�S.41747
TOTAL GROSS FLOOR AREA ALLOWED:1.905.5 SF
` PROPOSED REV ADDITION GROSS FLOOR AREA 5 'cGtSlk+"' f+ti
SF1TOTAL GROSS FLOOR AREA OF PRS1.PMO HOUSE;
_ c _ ` 1.790 SF
5. SUBFEtr PROPERTY IS NOT LOCATED WITIRV FLOOD ZONE A
UNIT O Ep CF3VfRN- ` OR V AS DEPOTED ON FLOOD INSUPJa E RATE YAPS
WR OF WORK r
_ ftr R NO TREE 1'D h^ 700 3.20112. PANEL MAtBFR 25009 CO229r EffEc7hE JULY CHECKED NM
I,}C RD.A.CNTO 7261'} _ 3.L DATA
_ Dy` „�� i. SOIL WYA 8ASE0 ON u5b,MRCS SbK SURYET wMHN., x
IM,t aeAa,O, " f 20 e. PERCOLATION WES BON MA OEP STORNWATER AWROVEO BY:ESSEX 61C
ASED
PRanTBEn DECKAli 9, PROPOSED HOUSE ADD"&WORK AREA IS OUTSIDE OF SUBMITTALS
PROPOSED SILTATION FENCE ♦ LOCAL CONSERVATION COMMSSON JURTSLNCTON.
j, 0-328 NON 06CHARGE 10,PROPERTY UNES•DUNfxNC LOCAMR,WETLAND FTAOCINO, tin me wsnar R
_ 20HE FROM WETLANDS'B? 8 SITE FTATWTS TAKEN rRow PLAN EMRLED;PROPOSED
25'NON OTS SITE PLAN T Fr 2 20LLWtar.1 By cOzx' SLR<Y,Ht .Dc,I�V. c _ ...
ZONE FROM WETWNDS'C" 22c14 SCALE:1'.20' A-t Il. 7.
OWTEWEO S REPORTED iD BE SERVICED Bi TOWN WATER
I Io,7 SCALE:1'-40' O 16' HY 4D' SC 12.ROOGFDDOWNSPOUTS AT ROOF GUITET SHALL BE$CREM
\AFn py 7y,�1�+pn,A"") jl�.,w•O 0.�` TO PREV[M BLOCKAGE&PRESERVE THE INFILTRATION 1 uIN/n mmla VaWi,C a `O�
StStEA AND THE oVE61GW5 5T411L BE DUtECTED ONTO , �`�R c_m IDI eml zt� s
PERVRJIIS SUITACE5. a nVTnnT oNm RA¢+GY 9
13.THERE SNOUID NOT BE ANY SIGNMAy1 DEGRADATION OF
APPROX. �96.r AGTUAt LEN M 16.0' THE OUAUIY OR QUANTITY OF WATER IN OR ENTERING LAKE
GRADE (408-) COCRIVIEYOCK AS A RESULT OF THIS PAMa. yIC FPNC I"r
6 A-MSTALMOLENG7H i4.v 5025 D`d MGHRAY.'ATER ARE Farm TO 8C GREATLY
O6F ma FROM WL SURILY Ol-TA'COWP 1 i)E51R1 AOUft�INA RESIDENCE Ln
F ENGINEER IMMEDIATELY. O
UNDER VAP ox. -�ISe mm1'- MAP 63, LOT 26 Ln
cRADE Cl+AlA9ERaPAFNS10Ns:7A.0'
SILTATIONFENCE DETAIL r2 xla.o-xRs.4• _ 10
DALE SCALE:N.T.S A-T 405c.GMRLfONWol AamallthAm 881'OMT POND ROAD
ROOF LE ER FOOTPRINT ADDITION MFA $20 SO FT N.ANDOVER,LFT 01845 F...1
ZOKM NFORIMAAUN OVERFLOW PIPE RECHAIM SRWG:.TYPE'0' b
Z!9!!8 LYSTPYJ*. T DMM-.--T(R-1) �SPIASH BLOCK RECJ4UMf_VOLUME:(0,35 MCH�Z0(520 S.1
amat 10 a R8o(MEEmm 1lmIl8NE0 U45r9N6 PROPOBEti 9'WIN.OF sQr TrtMc N
N
Err AREA A67.126 SF 43.921 SF +.3,9x+ST AYPROVEO 11AMILt EIXMRED VOUW@ IS CU FT. WATERSHED SPECIAL
T FPOHIAGE 175 281.35 PRO.iC✓:D VOLUME PER SC-310 CHAMBER: 31 CU R PERMIT PLAN
UN.DING HQGHt 35 -
AOW" M28B CLASS 2 TOTAL f OF CHAIMIERS TO BE USED; 1 CHAMBER
iFG COVERALL[
N/A Y NOW
WOVDN CEOhXTLE
SETBACK 30 40.8&131.4 106.1 A 105.2 4'SCM 40---/ DOUBIEE STONE STONED 1571)E TO 2L VERIFY DEIN DME: 9m HAS
ffs-
SETBACK 30 N/A PYC FROM f0'MIN
SETBACK 30 40.4&96.8 33.0 A 126.8 DOWNSPOUTS STORMTECH SC310 DETAILS 3 L�K Uet101n Oreo IN. A-1 OD
OD
(ALL MFASUREANENTS ARE IN IEEE:E UNLESS OTHERWISE NOTED) 7.02.�.■ }(7.6'a x.8)
SryJ.E:N.T,S A-1
SETBACK TO EOSIING EQUIPMENT SHELTER UNLESS OTHERWISE NOTED) t 8.4 FLOURS t<TI{10110.5 W
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Bk 15054 Pi32451�9 1*1119333
RESTRICTIVE CO'VI,NANT
TO TOWN OF NORTH ANDOVER
I,COURTNEY E, AQUILINA, of 681 Great Pond Road,North Andover,VIA,
grant the following RESTRICTIVE COVENANT to the'Town of North Andover
upon the property locate at 681 Great Pond Road,North Andover,MA bounded and
described as follows:
NORTHERLY: by Great Pond Road, orae hundred fifty and 00/100 (150.00)
feet;
EASTERLY: by land now or formerly of the D&G Real Estate Trust, as
shown on plan hereinaf-er mentioned two hundred eighty
one and 35/100(281.35)feet;
SOUTHERLY: by other land of said D &G Real Estate Trust,according to
z said plan, one hundred sixty-nine and 29/100(168,29)feet;
WESTERLY: by land nor or formerly of Thomas Burns, according to said
.� plan,two hundred seventy-two and 61/100 (272.61) feet.
o
1, Courtney Aquilina specifically state that fertilizer;shall be lirriited to those which are
either organic or slow-release nitrogen and phosphorous-free, non-organic pesticides
and herbicides use are prohibited,and the use of coal tar-based pavement sealants is
00
12 prohibited.
w 2. This restrictive covenant, used herein, applies to the above-referenced property
conveyed by deed dated June 7, 2004 and:recorde,.'l with the Essex North District
a
Registry of Deeds in Book 8845,Page 210.
3. This restrictive covenant shall remain in effect for the maximum period permitted
under Massachusetts law,unless sooner amended or terminated by consent of the Town
of North Andover and shall run with the land and inure to the benefit of the inhabitants
of the Town of North Andover and shall bind owr:er and its heir, devisees,legal
representatives,successors.
2682897.v2
Rk 1.5054 Par299 #9833
WITNESS my hand and seal this day of April,2017.
/J7
Courtney E. Aquilina
COMMONWEALTH OF MASSACHUSETTS
County of Essex,ss.
On this 2/ day of April 2017, Courtney E. Aquilina personally appeared before me and
proved through satisfactory evidence of identification, which was Massachusetts Driver's
license, to be the person whose name is signed on the preceding or attached document in
my presence and acknowledged that she executed thesame as her free act or deed.
No Pliiblic
Print Narne:
My comraission expires:
SUZANNE.M`.a KLICH
1 . NOTARYP($L)G:•'.'
COPAMONWEA4TH OFMaSSAC�HfISET TS
MY Cum e�Ma7,2!)22
2b82897.v2