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HomeMy WebLinkAbout2012-04-03 Planning Board Supplemental Materials (67)Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF DECISION - DRAFT Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: April 3, 2012 Date of Hearings: March 20, 2012, April 3, 2012 Date of Decision: April 3, 2012 Petition of: Ismail and Sansli Erhan, 350 Great Pond Road, North Andover, MA 01845 Premises Affected: 350 Great Pond Road, North Andover, Massachusetts, 01845. Assessor’s Map 37A Parcel 5 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136 & 10.3. So as to allow the expansion of an existing single-family dwelling unit, from 2,346 sq. ft. to 4,042 sq. ft., the demolition of the existing garage and the installation of stormwater management systems within the 250 foot Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by X and 2nd by X to APPROVE the Site Watershed Special Permit as amended and based upon the following conditions. The vote was X – 0 in favor of the application. Planning Board John Simons Richard Rowen Timothy Seibert Michael Colantoni Dave Kellogg The public hearing on the above referenced application was opened on March 20, 2012 closed by the North Andover Planning Board on April 3, 2012. On April 3, 2012, the North Andover Planning Board voted to APPROVE a Watershed Special Permit for the expansion of an existing dwelling unit from 2,346 sq. ft. to 4,042 sq.ft., the demolition of the existing garage and the installation of stormwater management systems within the 250 foot Non-Disturbance Zone 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 Ismail and Sansli Erhan, 350 Great Pond Road, North Andover, MA 01845 on February 10, 2012. 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 vote was X in favor, X against. 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 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: 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: 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. The construction has been reviewed by Town Staff and the Town’s consulting engineer, Lisa Eggleston, and with the application of the erosion control measures and modifications to the drainage and stormwater 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 storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and result in an improvement over existing conditions. The plan has been reviewed by the outside consulting engineer, Lisa Eggleston, as evidenced by a letter from L. Eggleston dated March 15, 2012. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implemen tation of the following Best Management Practices relative to a single-family dwelling: The new addition will create 1,173 sq. ft. of new impervious area, for a total of 4,049 sq. ft. of impervious area for the dwelling unit, including the 530 sq. ft. garage, which will be incorporated into the dwelling unit. All of the roof runoff will be routed to Stormtech Chamber drywells so that the stormwater runoff for entire roof area of the dwelling unit will be recharged, where currently there is no stormwater management for the existing structure. The lower end of the driveway and a walkway will be constructed using porous pavers. The construction of a new garage within the Non-Disturbance Zone is prohibited and will be recorded in the deed. No new lawn area is being proposed and there will be minimal tree-cutting only in the area noted as “Area of Vista Pruning” on the plan. This restriction will be recorded in the deed. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be recorded in the deed. The existing structure is connected to the Town sewer and water systems. There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge, structure or activity. In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 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; The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; There will be no nuisance or serious hazard to vehicles or pedestrians; Adequate and appropriate facilities are provided for the proper operation of the proposed use; 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: The “Locus” refers to the 85,440 sq. ft. parcel of land with frontage on Great Pond Road as shown on Assessors Map 37A, Parcel 5, and also known as 350 Great Pond Road, North Andover, Massachusetts. The “Plans” refer to the plans prepared by Christiansen & Sergi, Inc., dated June 17, 2011 and revised to February 7, 2012, entitled “Site Plan of Land 350 Great Pond Road located in North Andover, MA.” The “Project” or “350 Great Pond Road” refers to the expansion of an existing dwelling unit from 2,346 sq. ft. to 4,042 sq. ft., the demolition of the existing garage and the installation of stormwater management systems within the 250 foot Non-Disturbance Zone of the Watershed Protection District. The “Applicant” refers to Ismail and Sansli Erhan, the applicant for the Special Permit. 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. 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. Prior to the endorsement of plans The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover land use Boards. Prior to the start of site work or construction Three (3) copies of the signed, recorded decision and the recorded plans must be delivered to the Planning Department. The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board staff. A detailed construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. A performance guarantee bond of five thousand dollars ($5,000.00) 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. Prior to issuance of a building permit: The applicant shall incorporate the following conditions as deed restrictions and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. The construction of a new garage within the Non-Disturbance Zone is prohibited. No new lawn area is allowed and there will be minimal tree-cutting only in the area noted as “Area of Vista Pruning” on the plan. 4) Prior to release of the Performance Bond: 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 and must be provided in paper form as well as in SDF (Standard Digital File) format. The as-built shall also provide a calculation showing the increase in impervious area. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 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. This Special Permit approval shall be deemed to have lapsed April 3, 2014 (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. 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: “Site Plan of Land 350 Great Pond Road located in North Andover, Ma. Prepared for: Ismail & Sansli Erhan 350 Great Pond Road North Andover, MA 01845 Prepared by: Christiansen & Sergi, Inc. 160 Summer Street Haverhil l, MA 01830 Scale: 1” = 40’ Date: June 17, 2011 and revised to February 7, 2012. Sheets: 1 Architectural: Erhan Residence Prepared by: William Balkus Associates Architects 10 South Main Street Topsfield, MA 01983  cc: Town Departments Applicant Engineer Abutters Assessor