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Home My WebLink About20160105 Decision/WSP - Decision - 254 GREAT POND ROAD 1/5/2016 C*LS 2 FOJ tkoRTH 0.*,,,%0 "qtiI Town of North Andover 0 Office of the Planning Department 2016 JAN -6- PH Li: 19 0 Community Development and Services Division 1... NArgo 0 1600 Osgood Street SACHUS North Andover,Massachusetts 01845 �410, E t I A S S A IV'11 NOTICE OF DECISION—Watershed Special Permit This is to owsty that twenty(20)days Any appeal shall be filed have elapsed from date of decision,filed within (20) days after the wiftmw filing of arL-qppeal (5 Da — date of filing this notice in te aw the office of the Town Clerk. Town U0 Date: January 5,2016 Date of Hearings: December 15,2015, January 5,2016 Date of Decision: January 5,2016 Petition of: Thomas and Nicole Friel,254 Great Pond Road,North Andover,MA 01845 Premises Affected: 254 Great Pond Road,North Andover,Massachusetts,01845. Assessor's Map 37A,Parcel 6 and located in the Residential I 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 construction of a 22' x 23'single story addition to the side of the dwelling, demolition of an existing deck, and addition of a new deck within the 250' Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by L. Rudnicki and 2nd by P. Boynton to APPROVE the Watershed Special Permit as amended and based upon the following conditions. The vote was 5—0 in favor of the application. hm 6 Pl ning Board Jo Hn Simons,Chair Lynne Rudnicki David Kellogg Lora MeSherry Peter Boynton AWEST: A U00 COPY Towrl 254 Great Pond Road Map 37A Lot 6 Watershed Special Permit—Addition to Single-Family Residence January 5,2016 The public hearing on the above referenced application was opened on December 15, 2015 closed by the North Andover Planning Board on January 5, 2016. On January 5, 2016 upon a motion made by L. Rudnicki and seconded by P. Boynton to GRANT a Watershed Special Permit for the construction of a 22' x 23'single story addition to the side of the dwelling, demolition of an existing deck, and addition of a new deck within the 250' 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 Thomas and Nicole Friel, 254 Great Pond Road, North Andover, MA 01845 on November 13, 2015. 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 are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 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 this fording on the following facts: a) The construction has been reviewed by Town Staff and the Town's consulting engineer, Eggleston Environmental, and with the application of the erosion control measures and modifications to the proposed deck location, 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 footprint of the new addition is diminutive and the layout of the proposed deck was reconfigured to ensure there was no encroachment into the Conservation Zone. The site drainage system and storm water management design 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 a letter from L. Eggleston dated December 8, 2015 and email dated December 24, 2015 as well as a letter from Sullivan Engineering Group dated December 22, 2015. 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: i) The new addition will create 506 sq. ft. of new impervious area. All of the roof runoff will be routed to a 500 gallon drywell. ii) No new lawn area is being proposed and there will be no tree-cutting required for construction. 2 254 Great Pond Road Map 37A Lot 6 Watershed Special Permit—Addition to Single-Family Residence January 5,2016 iii) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free, non-organic pesticides and herbicides use will be prohibited, and the use of coal tar-based pavement sealants will be prohibited.These restrictions will be noted on the deed. b) The existing structure is connected to the Town sewer and water systems. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. 3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 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 lot is located in a Residential 1 Zoning District; 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 fmdings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 89,627 sq. ft. parcel of land with frontage on Great Pond Road as shown on Assessors Map 37A,Parc616 and also known as 254 Great Pond Road,North Andover, Massachusetts. b) The"Plans"refer to the plans prepared by Sullivan Engineering Group, dated November 10,2015 and revised to December 24,2015, entitled"254 Great Pond Road Plot Plan of Land located in North Andover,Massachusetts(Essex County)prepared for Thomas and Nicole Friel". c) The"Project"or"254 Great Pond Road"refers to the construction of a 22' x 23'single story addition to the side of the dwelling, demolition of an existing deck, and addition of a new deck within the 250'Non-Disturbance Zone; however, outside on the Conservation Zone of the Watershed Protection District. d) The"Applicant"refers to Thomas and Nicole Friel,the applicant for the 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. 2) 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. 3 254 Great Pond Road Map 37A Lot 6 Watershed Special Permit—Addition to Single-Family Residence January 5,2016 3) Prior to issuance of a building permit: a) 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. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) In consultation with the Town Planner,the Applicant shall designate an independent construction monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for Independent Monitors. The monitor shall make weekly inspections of the project, 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. d) 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 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. 4) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction and other pertinent site features. The as-built must be provided in paper form as well as in SDF(Standard Digital File)format. This as-built plan shall be submitted to the Town Planner 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. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) 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. 8) This Special Permit approval shall be deemed to have lapsed January 5, 2018 (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. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: 4 254 Great Pond Road Map 37A Lot 6 Watershed Special Permit—Addition to Single-Family Residence January 5,2016 a) Plan titled: "254 Great Pond Road Plot Plan of Land located in North Andover, Massachusetts(Essex County)prepared for Thomas and Nicole Friel" Prepared for: Thomas and Nicole Friel 254 Great Pond Road North Andover,MA 01845 Prepared by: Sullivan Engineering Group 22 Mount Vernon Road Boxford,MA 01921 Scale: 1"=20' Date: November 10, 2015 and revised December 24,2015. Sheets: 1 cc: Building Inspector Conservation Administrator Applicant Engineer File 5 / LEGEND: ,o a��.i�P,P^°�R�• _ ,��.,w, ""P' '',. '/' ----�----IX�R�a°„�E ,aw o 0 0 0 o DA INS „ w , - < SHEA o 0 0 0 0 DRAIN HOLES 4•TO Is•TAPERED - iLaNO UNE ESiABU5HE0 UnB /. i �' _r Fx SO,- - nlEi oaaD IN FO Soe nc ro ME—IT wqa•TO t t/z- r- SHED TONE S SE N -�-- - � WATERSHED SPECIAL PERMIT OFF ME LAKE soD cnuory - __________ % TOWN OF NORTH ANDOVER -------- e PLANNING BOARD PRECAST CONCRETE DRYWELL - 500 GALLON G� / - _ ------ Nor TO SCALE SOIL INFORMATION: _L07 AREA.' c.ocv-xormcmnw /y�tr56' i ' i,_ , .89,627 O- /�RO , , , _ _ _Ao /p+wS . 7 1.0 vo e� DEED RESTRIC77ONS, THE oN- �_. = -'0o fERnUZER/ _ X CY S A-FOR USE On iH15 PROPEFir N- / �� OW SHALL BE ORLANtS OR St-RELEASE NITROGEN,PUOSPHOCUS �� i 41m NE FREE PRODUCT - ,' � H.-SR.,S PESTIOBES ANB HEFB GOES USE IS 1-IBTEO. ME USE OF LOaL TAR-BASED PAvcMENt SEAtAN15 15 PROHIBITED. THESE R..TO RIJ SMALL APPEAR AS A GEED ry ' '' /• / V' ,DEB, RESiRIcnON TO RUN x1n1 ME nRE NSPo //' /' / /O'n.. �32Yy1` �EG< =r.T.86 - ��^tIBAR X2BAR RIP %✓>_, ,2 i/ �. / .`'n ' w,a u.:T'Y ' �.ABD TOE e �,rsO•e ,P'' H J's• . �,D.0 _ EUSTNG �J' / _---- ,, .' -/ ( to a/I.ISTY N'n NCf yo�A BUFF L iO nA b e•on.v�e -,o / , / C)/�27 V ' B, oo-+ p5mi ]s2• a 1504��R SPECIAL PERMIT CRITERIA FOR EXPANSION: ' ..� A0 ; _ EXISnNL / 'NOA PER SEcnON a-IJ6(J)(C)(II)(6)OF THE ZONING BYLAW / / M1i e-, 1'- BIT LONE / IN THE NrOSN-BISIRRRANCE EUR ZONE S-STRU-1 OF 1 - DRIVEWAY ]a / / \Q 1 r Sao�xPn.v% lO% / - // ANY AC SORTS UC OR a-T OF A(Y)PERCENT OF THE / s nB')z .1 D 1 .i,z°w e -� SAOSSBRING FLOOR AREA M s THAN PRAA Y S 2s +27Y /r I I •a•,w I / / -------- OFOSS BOOR AREA E IXISnNC PRIMARY 67RUCNRE IS ' �_ -�'' , � ,' �2• ,OI ;E2 26.4 -__ \ � / `v LREaTER Max T.500 S.F.O O,B• ] EXISTING CONDITIONS: i5 2 E / / ER 58JI.>i'W aJ.OP 258255'20'w gU� S]355't5•W •O'�� apJ' G.F.A OF EXISTING HOUSE 4.449 S.F.f(PER ARCHITECT) OF - -- —�-——L s25'O6 w B. MAX.25:EXPANSION: 1,112 S.F2(PER ZONING BYLAtM1� _ HiOA ORE // seBTs'19'w r �FpOM 2 N]pY s'DJ"W s]rJroo•w s5z.J2•Bld•w / `}_ J,9, RIM-11750 j5B FOOT 00• sNp�ON <.;Jp --=- ;6t G R E A T\ //P 0 N O'\ �.SFME4 El PROP.EXPANSION: 506 S.Ff SAs R D a D_A #254 GREAT POND ROAD ♦ Blr RM � _ V ' P1 L1 ND ZONING TABLE: CD _ �' BR.BERM LOCATED IN W l R ZONINc DISTRICT,AN +E' NORTH ANDOVER, MASSACHUSETTS • ,r M^Re(ER pO eR y WIN WATERSHED PROTECTION DISTRICT Of;p RECORO OWNERS: q (ESSEX COUNTY) 'V4 w F ROAD REOVIRED RONOEORp 10�E ASSESSORS NAP J>A,PARCEL 6 PREPARED FOR MAX.HEIGHT J6 FEET <1a FEET �C'•�C 1HOMA5&NICOLE FRIQ �O I IEL MN.FRBA•r sFTBAcx JG 26.1() J>9(P) da NORTH AND—,,MAAGIBaS THOMAS AND N/COLE F NOV.�t�'or`' SCALE:1'•=20• DATE.' OV. 10.2015 -B sE E,(L) JO FT 1BO FT(P) RpfS:tl�/ LOT INFORMATION.. .i+v PREPARED BY E..1 NIN.RIDE RETBAGr((R) JO FT N/A pON MIS LOT WAS CREATEO AFTER OCT00ER 24,1994 6 21 2010 •Or p zm SULLIVAN ENGINEERING GROUP, LLC EJ NIN.REAR SETBACK FT Iar.J FT(v) 'L 0 P.O.BOX 2004 a 5�' GRAPHIC SCALE REVISIONS BURN.MA O/ N LOT FRONTAGE ]5 FT 51229 FT SCALE'/ 10' 2 T2/1a/15 RaWv Ovck Onl J09 JDS (]BF)R6 LOCUS MAP. NIN.LOT AREA B>,110 SF 9.62]SF. FEET 10 10 10 a0 1T/22/15 RoNsv DvakAD ell lOcoflm JDS JDS SCALE:I' TAIEDEswanS, BT SHEET No. 1 OF 1 �/1