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HomeMy WebLinkAbout2013-07-02 Planning Board Supplemental Materials (29) Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: July 2, 2013 Date of Hearings: June 4, 2013, June 18, 2013. July 2, 2013 Date of Decision: July 2, 2013 Petition of: Technical Training Foundation, North Andover, MA 01845 Premises Affected: Adjacent to 1665 Great Pond Road, North Andover, Massachusetts, 01845. Assessor’s Map 62, Parcel 19 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 4.136.3.c.ii.(1), 4.136.c.ii(1)(2)(5) & 10.3. So as to allow the construction of a single family dwelling unit, a driveway, installation of utilities, stormwater management facilities and associated grading on an undeveloped parcel within 100 feet of a wetland and within 250 feet of Lake Cochichewick in the Non-Disturbance and Non-Discharge Zones 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 Watershed Special Permit for the Watershed Protection District as amended and based upon the following conditions. Vote was 6 – 0 in favor of the application. Planning Board John Simons Richard Rowen Michael Colantoni Lynne Rudnicki Lora McSherry Dave Kellogg The public hearing on the above referenced application was opened on June 4, 2013 closed by the North Andover Planning Board on July 2, 2013. On July 2, 2013, upon a motion made by X and seconded by X to GRANT a Watershed Special Permit for the construction of a single family dwelling unit, a driveway, installation of utilities, stormwater management facilities and associated grading on an undeveloped parcel within 100 feet of a wetland and 250 feet of Lake Cochichewick in the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District under the requirements of Sections 4.136.3.c.ii.(1), 4.136.c.ii(1)(2)(5) & 10.3 of the North Andover Zoning Bylaw. The total amount of impervious area to be created is approximately 6,900 sq. ft. This Special Permit was requested by The Technical Training Foundation, North Andover, MA 01845 on April 17, 2013. 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 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 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 is 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: Although 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 proposed construction will take place on that portion of the parcel that was previously disturbed and consists mainly of lawn area. This area is approximately 250 feet from Lake Cochichewick. By locating the proposed building on relatively flat terrain within the Non-Discharge Zone, the applicant avoids disturbance of the slope that exists on the front portion of the parcel. The driveway will be located within the Non-Disturbance Zone, in an area that had previously been cleared and consists mainly of lawn area. The project also includes extensive mitigation of run-off, using Best Management Practices that are described in item 1.e of this decision. 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 system are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. The plan has been reviewed by the outside consulting engineer, Lisa Eggleston, as evidenced by correspondence dated May 20, 2013 and June 18, 2013. 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: The new project will create approximately 6,900 sq. ft. of new impervious area that will include the dwelling unit, an attached garage and driveway. All of the roof runoff will be routed to drip trenches along the perimeter of the building. The driveway will contain water stops to control the flow of runoff, and runoff will also be infiltrated into a two foot wide stone trench along the side of the driveway. The entrance to the property will contain a 60 foot flat swale in the southeast portion of the lot to store and infiltrate runoff from the driveway. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. The limit of work on the easterly side of the lot is defined by the proposed hay bale line that is depicted on the plan. The limit of work on the westerly side is marked on the plan. Limits on new lawn areas will be described within the SPECIAL CONDITIONS section of this decision. A deed restriction will be recorded to limit any further clearing on the lot. 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 Non-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 proposed project; 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 42,720 sq. ft. parcel of land with frontage on Great Pond Road as shown on Assessors Map 62, Parcel 19, and also known as Adjacent to 1665 Great Pond Road, North Andover, Massachusetts. The “Plans” refer to the plans prepared by Andover Consultants, Inc., dated March 28, 2013 and revised to June 3, 2013, entitled “Site Plan Great Pond Road North Andover, MA”. The “Project” or “Adjacent to 1665 Great Pond Road” refers to the construction of a single family dwelling unit, a driveway, installation of utilities, stormwater management facilities and associated grading on an undeveloped parcel within 100 feet of a wetland and 250 feet of Lake Cochichewick in the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District. The “Applicant” refers to Technical Training Foundation, 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, including changes to the landscaping. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. Any increase in impervious surface shall require a Special Permit from the Planning Board. Prior to the endorsement of the Plan The applicant shall incorporate the following conditions as a deed restriction 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 “Limit of Clearing” will be noted on the plan and no further clearing will be allowed on the parcel. This limitation shall be noted in the deed. The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. Prior to the start of construction or the issuance of a building permit: The applicant will provide the Planning Office with two copies of the recorded decision and plan. A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to ensure 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. The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four (4) hour notice to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. A pre-construction meeting must be held with the developer, their construction employees, Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. Any new landscape area will be confined to those areas that are inside the Limit of Clearing, as shown on the Plan. The soil should have a minimum of 6 inches of topsoil and where possible, native vegetation should be planted. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. 6) Prior to final 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 applicant must also submit a letter from the architect and engineer of the project stating that the building, landscaping and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. This as-built plan shall be submitted to the Town Planner for approval. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 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 on July 2, 2015 (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. 11) This decision must be filed with the Essex North Registry of Deeds. The following information is included as part of this decision: Plan titled: “Site Plan Great Pond Road North Andover, MA.” Prepared for: Technical Training Foundation Trust 1429 Osgood Street North Andover, MA 01845 Prepared by: Andover Consultants, Inc. 1 East River Place Methuen, MA 01844 Scale: 1” = 20’ Date: March 28, 2013, revised to June 3, 2013. Sheets: 1  cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File