HomeMy WebLinkAbout20170905 Decision - Decision - 500 GREAT POND ROAD 9/5/2017 2
Town of North Andover 2
Office of the to Pepartment CEWED
I ,C RK'S 0 r r-I
Community&Eco nolanningmic DeveDlopment Division
120 Main Street SEP -6
North Andover,Massachusetts 01845
NOTICE OF DECISION il 11"S OF
OR TH AN I-j o V�,-
WATERSHED DISTRICT SPECIAL PE
S US E'T'li
This is to so*that twenty(20)days
Any appeal shall be filed have elapsed Vom date of decision,filed
ng of eal.
within(20) days after the wiliout i1li Dat =22�
date of filing this notice in joyce A.'Vadohaw
the office of the Town Clerk TmnCWk
Date: September 5, 2017
Date of Public Hearing: August 15,2017,
September 5,2017
Petition of: North Andover Country Club
PO Box 99
500 Great Pond Road
North Andover,MA 01845
Premises Affected: 500 Great Pond Road(Map 63 Lot 12)
North Andover,MA 01845
Referring to the above petition for Review of a Watershed Special Permit 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 patio/fire pit area with associated landscaping in the Non-Discharge Zone
and Non-Disturbance Zone.The project is located within the Residential I (R-1)Zoning District.
After a public hearing given on the above date, and upon a motion by Peter Boynton and a 21 by Aaron
Preston,to APPROVE a Watershed Special Permit with the following conditions imposed on the project
by a vote of 5 in favor and 0 against.
dLA1
On behalf of the North Andover Planning Board
John Simons, Chairman
Peter Boynton
Titan Goldberg
Aaron Preston
Christine.Allen,Associate
ATTEST:
A True Copy
Tavin Clerk
500 Great Pond Road—North Andover Country Club
Watershed Special Permit
August 15,2017
Page 2 of 4
The Public Hearing on the above referenced application was opened on August 15, 2017 and closed by
the North Andover Planning Board on September 5,2017.
On September 5,2017,upon a motion made by Peter Boynton and seconded by Aaron Preston to
APPROVE a Watershed Special Permit to allow the construction of a patio/fire pit area with associated
landscaping in the Non-Discharge Zone and Non-Disturbance Zone.The project is located within the
Residential 1 (R-1)Zoning District.This Special Permit was requested by the North Andover Country
Club,PO Box 99, 500 Great Pond Road,North Andover,MA 01845 on July 13,2017. 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 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:
1) The project is located within an extremely environmentally sensitive area and in close proximity to
Lake Cochichewick and/or a tributary to the Lake, 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 850 square foot patio will be made of permeable pavers. Runoff will infiltrate through
the pavers into an 850 square foot stone bed below the patio.The bottom of the infiltration bed will be
constructed of a flat slope to promote infiltration and increase recharge volume. The infiltration bed
will be sized to handle 1" rainfall meeting industry standards. The project has been reviewed by the
Town's Stormwater Review consultant, TEC, and with the application of erosion control measures and
modifications to the 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 stormwater management design are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices. (See memo from TEC dated July 31,2017
and email dated August 7,2017.)
3) As required by the Town of North Andover's Zoning Bylaw Section 4.136.c.ii.3 and 4.136.c.iii.3,in
order to construct a new structure in the Non-Disturbance Zone and within the Non-Discharge Zone
the Applicant has received a Variance from the North Andover Zoning Board of Appeals.
4) The Fire Department has reviewed the proposal and worked with the Applicant on an emergency gas
shut off provided at the building and providing a clear path from both stairs for emergency. egress. (See
email from Deputy Chief Graham Rowe dated August 16,2017.)
5) The specific Site is an appropriate location for the proposed use and structure.
6) Because of the unique characteristics of the Site the use as developed will not adversely affect the
neighborhood.
500 Great Pond Road—North Andover Country Club
Watershed Special Permit
'August 15,2017
Page 3 of 4
7) There will be no nuisance or serious hazard to vehicles or pedestrians.
8) Adequate and appropriate facilities are provided for the proper project.
9) The lot was created prior to 1994 and is not subject to the Conservation Zone,as described in Section
4.136.2.,Table 1.
10) 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 CONDITIONS:
11) Permit Definitions:
a) The"Locus"or"Site"refers to the approximately 18..88 acre parcel of land on a portion of
Assessors Map 63,Parcel 12 also known as 500 Great Pond Road,North Andover,
Massachusetts.
b) The"Plans"refer to the plans prepared by The Morin-Cameron Group,Inc. entitled"Site Plan
of Land located in North Andover, Massachusetts, 500 Great Pond Road (Assessors Map 63,
Lot 12)", dated July 11,2017 and revised to August 3,2017.
c) The "Project"refers to the construction of a patio/fire pit area with associated landscaping in
the Non-Discharge Zone and Non-Disturbance Zone. The project is located within the
Residential 1 (R 1)Zoning District.
d) The "Applicant" refers to the North Andover Country Club, the applicant for the Watershed
Protection 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.
12) The Stormwater Best Management Practices Operation and Maintenance Plan as shown on the Site Plan
with a revision date of August 3,2017 shall be recorded with this Decision at the Northern Essex Registry
of Deeds.
13) 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 ANY SITE WORK/ISSUANCE OF A BUILDING PERMIT
14) 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.
15) In consultation with the Staff Planner, the Applicant shall designate an independent construction
monitor. The monitor shall read, sign, and return to the Planning Department the Letter 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.
500 Great Pond Road—North Andover Country Club
Watershed Special Permit
`August 15,2017
Page 4 of 4
16) All erosion control measures as shown on the plan must be in place and reviewed by the Planning Staff.
17) 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 the use of coal tar-based pavement sealants
is prohibited. The Applicant has incorporated this restriction on their property through past
permitting.
PRIOR TO RELEASE OF TBE PERFORMANCE BOND
18) The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction,including storm water mitigation structures and other pertinent
site features. This as-built plan shall be submitted to the Planning Department for approval.The
Applicant must submit a certification from the design engineer that the site was constructed as shown on
the approved plan.
19) The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan.
GENERAL CONDITIONS
20)No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
21) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
22) 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.
23) Pursuant to the North Andover Zoning Bylaw Section 10.31.3, this Special Permit approval shall be
deemed to have lapsed September 5, 2019 (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.
24) This decision must be recorded with the North Essex Registry of Deeds.The following information is
included as part of this decision:
Plan titled: Site Plan of Land located in North Andover,Massachusetts, 500 Great Pond
Road(Assessors Map 63,Lot 12)
Prepared for: North Andover Country Club
PO Box 99
500 Great Pond Road
North Andover,MA 01845
Prepared by: The Morin-Cameron Group,Inc.
66 Elm Street
Danvers,MA 01923
Scale: 1"=20'
Date: July 11, 2017 and revised to August 3, 2017
cc:
Applicant
Abutters
Town Clerk
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