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Home My WebLink About2016-04-05 Recorded Decision WSP Tech Training Foundation Trust Bk 14636 Pg40 #11733 r .. ,,oRrt, Town of Noah Andover 2016 APR -7 PMV 4 Office of the Planning Department ,« Community Development and Services Division , r � � •°;,=,n F*• '�ti# 1600 Osgood Street pinCS North Andover,Massachusetts 01845 NOTICE OF DECISION "-to k-My ttjat twenty(20)d3p Any appeal shall be filed ��aiaQsed from date of dedsioa,filed within(20) days after the :Vunaut€at ng Date sa at 2 2 J;�, date of filing this notice in Joyce-A. haw Yow�Ctetk the office of the Town Clerk, Date: April 5,2016 Date of Hearings: January 5,2016,March 2,2016,April 5,2016 Date of Decision: April 5,2016 Petition oh 'technical Training Foundation Trust, 1429 Osgood Street,North Andover,MA 01845 Premises Affected: 1665 Great Pond Rd,North Audover,Massachusetts,01845, Assessor's Map 62,Parcel 19 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 4.136.3.bii.(i),4.136.3.e.ii and 10.3. So as to allow the demolition of an existing single family home and the construction of a;new, single family dwelling unit with a reconstructed upper driveway that will tie into the existing driveway (remaining existing driveway measures approximately 60' from edge of limit of driveway overlay to property line on the approved plan), a patio, connection to existing utilities, and installation of a stormwater management structure within the Non-Disturbance Zone and Non-Discharge Zone of the Watershed Protection District. After a Public Hearing given on the above date, and upon a motion by David Kellogg and 2" by Lynne Rudnicki to APPROVE the Special Permit for the Watershed Protection District,as amended and based upon the following conditions.Vote was unanimous,5-0,in favor of the application. b,&n &,�4- Plan g Board Joha imons,Chair Peter Boynton David Kellogg Lora McSherry Lynne Rudnicki ! ,� ATTESTs A'fN Cbpy- ToWn'Clork �� 3 Bk 14636 Pg41 #11733 1665 Great Pored Road Map 62,Parcel 19 Watershed Special Permit—Demolition/Construct Single-Fancily Residence April 5,2016 The Public Hearing on the above referenced application was opened on January 5, 2016 closed by the North Andover Planning Board on April 5,2016. On April 5, 2016,upon a motion made by David Kellogg and seconded by Lynne Rudnicki to GRANT a Watershed Special Permit to allow the demolition of an existing single family home and the construction of a new, single family dwelling unit with a reconstructed upper driveway that will tie into the existing driveway (remaining existing driveway measures approximately 60' from edge of limit of driveway overlay to property line on the approved plan),a patio, connection to existing utilities, and installation of a stormwater management structure within the Non-Disturbance Zone and Non-Discharge 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 Technical Training Foundation Trust, 1429 Osgood Street, North Andover, MA 01845 on December 3, 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,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The proposed project will have the effect of improving the site in terms of stormwater management, as demonstrated by the implementing Best Management Practices as shown below. Based on these improvements, the Board has determined that the site will be improved and that the quality of water runoff will be improved.The Planning Board bases this finding on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick; however, the final design results in a decrease in impervious area and 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. b) On February 9, 2016, the project received a variance from the Town of North Andover Zoning Board of Appeals, as required by the Town of North Andover's Zoning Bylaw Section 4.136.c.ii.3, to construct a new structure in the Non-Disturbance Zone. The Zoning Board found that owing to circumstances related to soil conditions,shape or topography of the land,that literal enforcement of the provisions of the Bylaw would involve substantial hardship, financial or otherwise. 2 Bk 14636 Pg42 #11733 { • 1665 Great Pond Road Map 62,Parcel 19 Watershed Special Permit--Demolition/Construct Single-Family Residence April 5,2016 c) The project has been reviewed by the town's consultant, Eggleston Environmental, and with the application of 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 stormwater 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. See letter from L.Eggleston dated January 5,2016 and email correspondence dated February 22 and February 26,2016 as well as response letter froze Andover Consultants,Inc.dated February 10,2016 and email correspondence dated February 25, 2016. 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 project calls for demolition of an existing single family home and construction of a new single family Dome, resulting in a reduction of impervious area of 712 sq. ft., which will increase recharge as compared to existing conditions and result in an improvement of water duality entering the Lake. All new impervious area will be constructed entirely within the Non-Disturbance Zone. ii. At the request of the Planning Board and the town's outside consultant the Applicant added a front roof gutter connected to and draining to a sub-surface system in the rear of the dwelling. In addition,the roof drain infiltration trench design has been re-sized to capture 1" of roof runoff volume,. iii. The grades on the proposed driveway overlay portion have been adjusted to show that stormwater nmoff from this area is to be directed toward the pervious yard area. iv. The Applicant has indicated on the plan the "limit of work at proposed hay bale/silt fence barrier", all of which will be located outside of the 100 ft. buffer to the nearby Lake and within the Non-Disturbance Zone. V. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous free,the use 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. d) In order to secure safety in the case of fire,flood,panic and other emergencies,the Applicant will abide by NFPA 1,Fire Code,NFPA 1,Fire Code advances fire and life safety for the public and first responders as well as property protection by providing a comprehensive,integrated approach to fire code regulation and hazard management, e) The project has been reviewed by the Town Engineer,Gene Willis,as evidenced by his review letter dated March 1, 2016, Andover Consultants Inc. response letter dated March 9, 2016 and G. Willis email correspondence dated March 9,2016 stating that his concerns have been adequately addressed. fl The project has been reviewed by the Conservation Administrator,Jennifer Hughes,as evidenced by review letter dated February 25, 2016, Andover Consultants Inc, response letter dated March 10, 2016,and Norse Environmental response letter dated March 8,2016. g) The proposed structure will be connected to the Town sewer and water systems. 3 Bk 14636 Pg44 #11733 ° r '1665 Great Pond Road Map 62,Parcel 19 Watershed Special Pemnit—Demolition/Construct Sbagle-Family Residence April 5,2016 6) Any future changes made to the lower driveway portion (remaining existing driveway measures approximately 60' from edge of limit of driveway overlay to property line on the approved plan), will require the homeowner to submit an application for a Watershed Special Permit Modification to the Planning Board.. 7) 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. 8) Prior to any work performed on the site and prior to the 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 plains and the conditions of this decision and to ensure that the as-built plans will be submitted. b) 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. 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. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Manner and Conservation Department. d) The Town Planner will conduct a site visit to document the conditions of the existing driveway, specifically the area extending from the lot line to the limits of the driveway overlay identified on the approved plan. e) 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. 9) prior to the Issuance of a Certificate of Occupancy: a) The applicant must submit a certification letter from a registered engineer that the site was constructed in compliance with the NFPA I regulations. If this certification is not provided residential sprinkler systems must be installed. b) The Town Planner shall conduct an inspection of the driveway(remaining existing driveway measures approximately 60'from edge of limit of driveway overlay to property line) to determine if there is deterioration verses the pre-site work conditions(refer to 8.d)and make a determination if the Applicant must come before the Planning Board for a review ofthe conditions. c) Per Town Engineer,Eugene Willis,the applicant must apply for a driveway permit and one will be issued based on the letter dated March 9,2016 from Andover Consultants INC., William MacLeod, PZ.,P.L.S.to Eugene Willis. 5 i Bk 14636 Pg45 #11733 "1665 Great Pond Road Map 62,Parcel 19 Watershed Special Permit—Demolition/Construct Single-Family Residence April 5,2016 10)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, including stormwater management structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The Applicant must submit a certification letter 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. 11) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 13) The provisions of this conditional approval shall apply to and be binding upon the Applicant, its employees and all successors and assigns in interest or control. 14) This Special Permit approval shall be deemed to have lapsed April 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. 15) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Watershed special Permit Site Plan for 1665 Great Pond Road,North Andover,Mass. Prepared for: Technical Training Foundation Trust 1429 Osgood Street North Andover,MA 01845 Prepared.by: Andover Consultants,Inc. 1 Lust River Place Methuen,MA 01844 Scale: 1"=800' Date: December 1,2015 and revised to March 10,2016 Sheets: 1 cc: Town Engineer Building Inspector Conservation Administrator Applicant Assessor's Office File 6 n FOR REGSTRY tt.0 O'Ar lIi _ T` , Mm '/110Y �Of ' ' h` \-M1W+OnOtN—or ou R I ow (02T r (IXS P��2� Y4� MO,•ti�u/a4 tl'FL�704(ba rCe�fb.Mw'1 Ad*S .► roof a r0.c,1O xAfu xEaPNDt/MAY AaN*1✓✓ tuft W LA R DD row afp( a LAn:ooneatwf7 4 ., r.,/uR Mxfw-- 1 l NOUH ANOOVER ,++mANa aunu rac �-«o+•asnwaw.cc M+rrrr<:a c PL6LNNlt!G BOAR Ps*'t"Mf(om a wA+Op z+a�y aatt a amq tom. � •.••_ �••. 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R-1 ZONING DISTW7 '\ \ ,N'G ANA .. utA+nvc., ae.n ..n+nrn wr ARtA ez,x v. td \ \ eu rases SS. \ ♦wcaMMatrf OYOfn ufa rq:me . t \ t nNeny or 0) .LAKE COCHJ R cmH R-Waa rl rw erw Sae RarlUo% t Date 6XIS UCONDfTfONS _ PROPO6XDCONS'7'R MON WATERSHED SPECIAL PERMIT SITE PLAN Trt* a.m t6GS GREAT POND ROAD ro NORTH ANDOVER, MASS. slR.,r a fur a.n ,Rts e° tv A/af. r ne[ PREPArTED FOR:TLbWICAL T7 N14 FOUNO4TM TRUST : u4mr o �r[°AJaw,aO o�L.f�) DALE:Dec~,.2015 scxr: ;-2cF ssa li$�andover F- t "- y, 1 Cml RiM RoM OV.F A. ,*I D1W Rp.FNL[n*�.er FABR7C S7LTATlAN PFNCP DRTArf. f�'(ftTRATlON TRENCH 20 40 90 EO Ft, w ��rtfxwNS+xVs-ax,R.c�mrt Fwr�.*r w,.ns.afs r+wx.0 b,NT^-,• 0 10 20 uelez 1 W