HomeMy WebLinkAbout2017-06-06 Recorded Decision WSP MODIFICATION N ,•k tiz 1512
• Town of North Andover INIS Or FiC
Office of the Planning Department SUN _,
Community and Economic Development Division 0
120 Main Street TOWN Gr
North Andover,Massachusetts 01845 N ��� M O V E R
NOTICE OF DECISION
S
WATERSHED DISTRICT SPECIAL PERMIT
MODIFICATION
f bis Is to aor#fy that twenty(20)days
have elapsed from date of decision,filets
Any appeal shall be filed without filing of an appeal.
within{ } days 20 Date__os A.
y after the � �I�&�'adshav+
date of filing this notice in <
the office of the Town Clerk
Date: June 6,2017
Date of Public Hearing: May 2, 2017,,Tune 6,
2017
Petition of: TKZ,LLC/Thomas Zahoruiko
4 High Street, Suite 201
North Andover, MA 01845
Premises Affected: 1665 Great Pond Road(Map 62 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 Modify the Watershed Protection District Special Permit approved on April 5, 2016 to authorize the
reconfiguration and replacement of the existing driveway with stormwater and drainage enhancements and
install a patio and in ground pool in the Non-Disturbance and Non-Discharge Zone. The project is Iocated
within the Residential 1 (R 1)Zoning District.
After a public hearing given on the above date, and upon a motion by Lynne Rudnicki and a 2"d by Peter
Boynton, to APPROVE, as amended, a Watershed Special Permit with the following conditions
imposed on the project by a vote of 4 in favor and 0 against.
�& Efw*�:
On beha f of the North Andover Planning Board
John Simons, Chairman
Lynne Rudnicki
Peter Boynton
Aaron Preston,Associate
ATTEST:
A True Copy
Q.7.�ra�sfav-
Town Clerk
•1665 Great Pond Road
Watershed Special Permit Modification
Page 2 of 6
The Public Hearing on the above referenced application was opened on May 2,2017 and closed by the North
Andover Planning Board on June 6,2017,
On June 6,2017,upon a motion made by Lynne Rudnicki and seconded by Peter Boynton to APPROVE,
as amended, a Watershed Special Permit to Modify the Watershed Protection District Specia.I Permit
approved on April 5,2016 to authorize the reconfiguration and replacement of the existing driveway with
stormwater and drainage enhancements and install a patio and inground pool in the Non-Disturbance and
Non-Discharge Zone. The project is Iocated within the Residential 1 (R-1)Zoning District. This Special
Permit was requested by TKZ LLC/Thomas Zahoruiko, 4 High Street, Suite 201,North Andover, MA
01845 on April 11,2017. 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 environmental sensitive area and in close proximity to
Lake Cochichewick, 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) 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,the house,in the Non-Disturbance Zone and within the Non-
Discharge Zone the Applicant received a Variance from the North Andover Zoning Board of Appeals
on February 9,2016. On April 6,2016 the Planning Board approved a Watershed Special Permit as to
allow the demolition of an existing single family home and the design 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.
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,the pool, 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 on May 9,2017.
4) 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
f665 Great Pond Road
Watershed Special Permit Modification
Page 3 of 6
in accordance with the Town Bylaw requirements and Best Engineering and Management Practices.
(See memo from TEC dated April 20,2017,email dated April 26,2017 and email dated May 26,2017).
5) The applicant shall comply with all existing conditions rendered in the original Watershed Special Permit
issued January 5,2016,except any specific conditions superseded by this modification.
6) The Applicant appeared before the Zoning Board of Appeals (ZBA) for a new structure in the
Watershed,the pool,on May 9,2017 and was granted a variance.
7) The Applicant appeared before the Conservation Commission for a Request to Determine Applicability
(RDA) for the lower portion of the driveway which is in the 100 ft buffer zone. A Negative
Determination of Applicability with conditions was issued May 10,2017.
8) The Town. Engineer, John Borgesi, has reviewed the plans and stated that the Applicant will need to
apply for a Driveway Permit before construction of the driveway. Additionally, Applicant will schedule
a site inspection with the Engineering Department during the construction for verification of the
shimming/pitching of the driveway in the Towns right of way to the east. (See memo dated March 26,
2017.)
9) The Applicant has submitted a Pool Maintenance and BMP Plan.
10) .Fertilizers are Iimited 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, A deed restriction was placed on the property as part of the original permit and was
recorded with the Northern Essex Registry of Deeds.
11) The specific Site is an appropriate location for the proposed use and structure.
12) Because of the unique characteristics of the Site the use as developed will not adversely affect the
neighborhood.
13) There will be no nuisance or serious hazard to vehicles or pedestrians.
14) Adequate and appropriate facilities are provided for the proper project.
15) The lot was created before 1994 and is not subject to the Conservation Zone,as described in section
4.136.2.Table 1.
16) The existing masonry wall at the driveway entrance will be removed up to the property line and the
Applicant will not remove the portion of the wall on the abutting property.
17) 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:
i
1665 Great Pond Road
Watershed Special Permit Modification
Page 4 of 6
18) Permit Definitions:
a) The"Locus"or"Site"refers to the approximately 29,345 square feet parcel of land on a
portion of Assessors Map 62,Parcel 12 also known as 1665 Great Pond Road,North
Andover,Massachusetts.
b) The"Plans"refer to the plans prepared by Andover Consultants,Inc. entitled"Site Plan 1665
Great Pond Road North Andover Massachusetts", dated March 28, 2017 and revised to May
_1��;,2a17.
c) The "Project" refers to the Modification of the Watershed Protection District Special Permit
approved on April 5, 2016 to authorize the reconfiguration and replacement of the existing
driveway with stormwater and drainage enhancements and install a patio and in ground pool
in the Non-Disturbance and Non-Discharge Zone. The project is located within the
Residential 1 (R-1)Zoning District.
d) The "Applicant" refers to TKZ, LLC/Thomas Zahoruiko, the applicant for the Watershed.
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.
19) No construction activities authorized by this Decision shall be commenced until the Applicant has
received a Variance from the Town of North Andover Zoning Board of Appeals and the 20 Day
Appeal Period has ended,as required by the Town of North Andover's Zoning Bylaw Section
4.136.c.ii.3 and 4.136.c.iii.3,to construct anew structure in the Non-Disturbance Zone and within
the Non-Discharge Zone.A recorded copy of the approved Decision shall be provided to the
Planning Department.
20) The Pool Maintenance and BMW Plan shall remain in effect for as tong as the pool is in operation.
21) Stone shoulder and trench drain Operations and Maintenance requirements:
a) The trench drain shall be visually inspected no less than twice per year and after rain
events exceeding '/2", and shall be cleaned as required pursuant to each inspection and
event in order to maintain designed flow capacity.
b) Inspection: The stone shoulder beside the driveway shall be inspected annually at a
minimum. Particular care should be taken to ensure the effectiveness of the stone
shoulder to accept stormwater runoff from the driveway is not inhibited by the growth of
grass or weeds. The stone shoulder shall also be inspected annually at a minimum to
ensure the stone is at the correct elevation and has not settled or otherwise been
removed.
e) Maintenance: Maintenance of the stone shoulders includes the removal of grass and
weeds annually at a minimum. Excessive, dense growth of grass and weeds within the
stone shoulders may decrease the ability of the shoulder to accept runoff from the
driveway. Minimal, sparse growth of grass and weeds within the stone shoulders is
acceptable. As needed, the stone shall be replaced or more stone shall be added to
ensure the top of the stone shoulders are at the same elevation as the edge of the
driveway. The stone shoulder shall have the depth as specified on the Plan maintained.
If stone is settling or otherwise removed from the shoulder, replacement stone shall
promptly be placed on the shoulder to ensure driveway stormwater runoff'is effectively
slowed as it exits the driveway.
665 Great Pond Road
Watershed Special Permit Modification
' Page 5 of 6
22) The Applicant shall replace the two trees that are being removed with evergreens of minimum 10' height.
23) 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
24) A Performance Guarantee bond associated with the Previous Plans in the amount of$4,000 shall cover
the conditions of the previous Plans and this modification.The release of the Bond will be based on
compliance with the decision dated,April 5,2016.
25) The Applicant will provide copies of all Decisions, Notification and Orders of Conditions from the
North Andover Conservation Commission.
26) Under the original permit the Applicant has designated an independent construction monitor, Norse
Environmental. The monitor shall continue to monitor the Site during construction. 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.
27) The Applicant shall receive a Driveway Permit from the Department of Public Works.
28) Applicant shall schedule a site inspection with the Engineering Department during the construction for
verification of the shimming/pitching of the driveway in the Towws right of way to the easi.
29) All erosion control measures as shown on the plan must be in place and reviewed by the Planning Staff.
PRIOR TO RELEASE OF THE PERFORMANCE BOND
30) 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.
31) The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan.
GENERAL CONDITIONS
32) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
33) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
34) 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.
1665 Great Pond Road
Watershed Special Permit Modification
Page 6 of 6
35) Pursuant to the North Andover Zoning Bylaw Section 10.31.3 this Special Permit approval shall be
deemed to have lapsed June 6, 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.
36) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Site Plan 1665 Great Pond Road North Andover Massachusetts
Prepared for: TKZ,LLC/Thomas Zahoruiko
4 High Street, Suite 201
North Andover, MA. 01845
Prepared by: Andover Consultants,Inc.
1 East River Place
Methuen,MA 01844
Scale: 1"=20'
Date: March 28, 2017 and revised to May ,2017
Report: Pool Maintenance and BMP Plan
Date: April 21, 2017
cc:
Applicant
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SITE PLAN
GENERAL NOTES. 1665 GREAT POND ROAD
1. THE SsTf IS LOCATED WITHIN THE TOM OF NORTH R-� zoNiNc DISTRICT NORTH ANDOVER, MASS. '..
ANDOVER'S WATERSHED PROTECTION OVERLAY DISTRICT
AND ZONE A OF LAKE COCHICHEWACK. ZONING ANALYSIS PREPARED FOR: TKZ LLC
2. ALL UTILITIES WALL CONNECT TO EXISTING SERVICES FOR REQUIREMENT REOURED PROVIDED DATE: MARCH 28, 2017 REV. 4/24/17, 5/4/17;
£X]ST)NG DWELUNC. UTIf1TY LOCATIONS ARE FROM SCALE: 1••=2O' $AS-BUILT PLANS PROVIDED BY NORTH ANDOVER WATER LOT AREA 87.120 SF. 29,345 S.F. /25/17
AND SEWER DEPARTMENT. CONTRACTOR TO VERIFY FRONTAGE 175 FT. 150 FT. P4�
LOCATIONS DURING CONSTRUCTION, FRONT SETBACK 30 FT. 91 FT.3. LOT WAS CREATED.PRIOR TO OCTOBER 24. 1994. pgE,gg k
4. DISTURBED LAWN AREAS SHALL BE REPLACED IN KIND. SIDE SETBACK 30 FT. 31 FT. \andO V{'S.0 ���
51 THE USE Of FERTILIZERS AND OTHER LANDSCAPE REAR SETBACK 3D FT. 93 FY. c5overnsul gnts arm
a CHEMICALS ON THE SITE SHOULD BE UNITED TO C.R.A. 55,340 S.F- 28,735 S.F. Inc.
ORGANIC, SLOW-RELEASE AND LOW-PHOSPHOROUS
PRODUCTS.
1 East River Place Denal Ieccl
Methuen, Moss. 01844 Reg. Prof. Eng4neer
0 20 40 60 80 Ft.
\\TScuENT\PP\12\ -32\DM\SITE-A.DW3 0 5 10 20 Meier