HomeMy WebLinkAbout1998-08-20 Recorded WSP Decision DEF SUB 04/06/2004 10:45 9707776032 ATTY A J TUR13'O PAGE 01
.. . Town of North Andover �of ce
COMMMTY DEVELOPMENT 9owI?K
30 WM)sty Aye 1� ...��:�. + a
Nonh fiver,AU&Sachusd8s 0I MS 4 ce
WRIJAM J.SCOTr ��c$4
�lreero� NOTICE OF DECISION
Any appeal shall be filled
within [ after the do"o0d0=dftC1dm*AnXM ATM Syr
daU of Ming this !Notice .t
in the Office of the Town
Clem.
Date Awe k9, 1998
Date of Hearin 4/21/98, 5/19198, 6/L6/98,
Petition
Premises affected 465 Great Pond, Road
Referring to the above petition for a special permit from the
reqpIP®rne of the aarh AxtdpveroningL_ 1esaet_ o� 4.13E -
so as*to atblow to abxair a roval to construct 4 dwellings, driveways, yarde within
the flan-discharge zone of a vetland resouxce area in the vatershed.. To install
urbane zc
to ragzade soil Vegezetlap kamorr Ca creae ar �4 is 4&5) t><ht t:he non-diE
Air a public given one abssae 'e, T�lsanning Ix®arch` zone
rotated to ���ov ., the -
based upon the following conditions:
CC: Director of Public Works Ric i and S.Howen, Chairmlan
Building inspoator
Natural Resource/Land Use Planner Mean Lescarbeau.V-P��
Heatth Sanitarian
Assess Jahn
Police Chief -
Pire Chief Richa r 11.0 IL
Applicant
Engineer Jsa h V�1�Aaha ®y
Towns Outside Consultant
File Planning Board
Interested ParrUee G
it
1
04/06/2004 10:45 970777E932 ATTY A J TURCO PAGE 05
i
K 5260 - PG III
445 Great Pond Ram(COIN"CkAb )
Saki Permit-waftnbed Poetaction INStrkt
The pj B d k folbv f d - tb. al $of --Loug�465
is, 1999, a Pet t ' n
Meml Pond Rued,North Amovw. dates w to w whkch cow a
4.136 of the BY Lave Of
Nv�th Andover�1 Awge of storm
r A •sk
wwa n iQpd� : Zone �� dhwb of MMMOW
water �ai'f w t�I1�- Btstt�t..
wkb tithe Nan Dish of the�N�PMUCdOn
TMINGS OF,FAt'T
In sardana with 4.136(4)the PIRO g Board makes the fmdWh'tt�i of Bylaw,es wcU
.as its ved&�am WL S�the P Board
1. MW as a reg&of the propond consftuct-ot,in rp tion with otber talcs may, tb= *11
not be.any Apffimd &9Md8fiM ,,f ft ga"ly of q Y of V49= in or a*r* I ke
Cochlobe,� 1U pimning Board bam its fiM&P OU the fvilowrng
A,of ft homes win be cowsaed to the Town Stwer system;
Bea WMbe i ed,
c) No Pxiing wM oc= vvhhin the 100'buftf ZOM
4) NaPcu00nedqwwftM,%g be bit whin the i So"non AL
Stotm waxer fMM am `goad to be v tad ad+
to storm was mmgawm ponds-
2. -that than is n6>< mmble� n owsw�Non-Dwe Buttes Z*w for'my
8� or y, ayocuaed with.the proposedc�r�don as the lot
dbchn
is k)catW Wgim ft Noti4Dis�Zone.
whh Swtion 10.31 of the No"b Amdovet ZOring Bylaw,the '
folovim :
A. The s 96& Site is 9A bcattbn bar the prnpoa�d use as
ik comvls hmc bn pbwd on the site,
B. 1-1-use will not Odvcm)Y aff0a the ne &W as tha tot Is located in aMocoW
zonc;
C. 11,91c wM be no nut or serious hazwd to veW%or ped+esUkw
04/06/2004 10:45 9707776002 ATT`f A J TURCO PACE 136
BK
5260 P 11' E
aye provWed for the pmpa o n of the proposed.use;
D. AdaquatomdVFOFWe
E. PWmkg Board a>SD is ia� ►' with
P rWee eD6 iutmofft North Andor+er70 flaw.
1Jpon mw the above ftdtqM the pMmiogBoyd VMves SpWW Pent 101 uPOn th e
fouawing condiedons:
.Smc lG+COPMMO ,
l, Tl docision t be Mod v,&h tbL North E .Rey of Dee&. TbefollowingbArmladQ16
is ihelxd as part of tls n
a) Plam Sulxiivts�onT'lmofCott ►Club Estes
DeAgned fsr. M8M W fAugblm
465 C"d PordRoad
North Andover,NA 01845
'mamas E.New AmciMM bm.
"7 Old Boson Road
-r*ps&K ALA 01983
-Dater-- 3/608
Shams: 1-tbrough 5
�} R tab by'Tames
dated Match 6, 1
c) The Town � shall �ve wy es made to t PhDs. Any �
:�.� by the Town Plate would tequ a l end
n by ft Pkanfog Bo.
Prior to amy work on OW.
a} -Pln to be revised to show lflm it of work Dw on all lots end 8d v®rOl as
-neccssary on Lot 4.
h} Howe on lot 4 to 1»iced a y from 154' lire as t � ' " 10"to aHOw
for con9mctim of the moue whbout& rrbiug the no bufk zon'•
c) of c 1it on kit be MOW in ttm f�etd with y+eltow art
The go*tape aid mist be mviewed and qpmved by t2eTown .
d} A perfo guaraufce of Ive thou"ad ($5,00) doftrs in the farm of a chcck
made out to dw Town of North Aodover no be posted to its tbet COM1=6 sn
04106I2004 10`.45 970777GM2 ATT`! A U TURCO PACE 07
5260 PG I 1 l
wilt tam pie in=oxd=e wfth the pkm and ft condWMM of tHs dzcisim wd to
=wjm ttae as-bua plarm vFd be scihmatted.
r) All erosion=0101=wu=as shwhm on the p1bn nm be"k,ph ee and,rovkvjcd by
the TownPM
fl The oft shaft Love r=rved all WMXLV poet ws and walls .from the North
Andbvvx Conwvadon C4mdLq9jM Dowd of Health, emd the DepuUMM of PuM
Wogs and be ift Compere whh the above permits
�. �"oun As:rely �a u of the dwelt rb and prior to
furuK "oon ect� smac d. vft � ft aWNu a t s compkt�e ap1m
tbe
prepared by a Regbserad Pro imkmW Land Surva3mr("-T•S) wl&h
n uWand mwu= wtas as flown on the app*vW
Wad Sp P1w- Said Vim sbA be m*ffimed to the Town Pbnm for review to ve'*
that the setb limos u r thespecwl Izeve been Md.
4. prior to mkww of the petfo�maaee Blend:
a) The Wkimt shall suit a vartwed copy of an as-ba Pba �mart
comma► isclu go
dit topvSraphy,� 0= water
otba p ske ems. 'This sa-bff plea shalt be mbm&W to thew'Town Mmm
fvr oval and"be stam�pa[by eW*a�Proms�Stmveyo�r or
vzow
b) P oani t by a � vote nmke 4 � *a the sate is .ffi
amfimmame wtbr,appmvedp1m
7.awm �$ No pesticides, fiertUmas, or ehemcals shall be used in lawnor
S. m mintenara°e. This rests ttion stat-appty mnd be binding on-oll eurre& sad future Owners,
-tt�t beb, �o�rs, successors aid asigr�s, m sly be maoxpo all
subsequent deeds to the prCMLes-
.6. Arty stockpiles ofearth mast be covered with a tarp and ccmteawdi�y bay �d� e if
the piIm gm to mmin on the site for lm*cr tlon two weeks,
7. Ins hmme shall the ape's PrW$Dd co=ucdon be al ewed to fnrthm kVBd I&D site
.than as proposed on tbe plan refertnced-ia Condhion#1.
$. No opea bwrbv shalt be done except�w is pitted dctg b=mg sin uder the Fm
DeparftrgTA moans.
3
465 Great Pond Road (Country Club Estates)
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Marie W. Loughlin, 465
Great Pond Road, North Andover, dated March 18, 1998, requesting a Special. Permit under Section
4.136 of the Zoning By-Law of the North Andover Zoning Bylaw to allow.activities which cause a
change in topography and grade, vegetation removal, and surface and subsurface discharge of storm
water runoff within the Nan-Disturbance Zone and surface and sub-surface discharge of stormwater
within the Non-Discharge Zone of the Watershed Protection District.
VI NDINGS OF FACT:
In accordance with 4.136(4) the Planning Board makes the finding that the intent of the Bylaw, as well
as its specific criteria, are met. Specifically the Planning Board finds:
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 its findings on the following facts:
a) All of the homes will be connected to the Town sewer system;
b) Best Management Practices will be implemented;
c) No grading will occur within the 100' buffer zone;
d) No pe'=nent structures will be built within the 150' non-disturbance zone;
e) Storm water from driveways and dwellings are proposed to be captured and culverted
to storm water management ponds.
2. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any
discharge, structure or activity, associated with the proposed driveway construction as the lot
is located within the Non-Discharge Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following findings:
A. The specific site is an appropriate location for the proposed use as all feasible stormwater 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 zone;
C, There will be no nuisance or serious hazard to vehicles or pedestrians;
1
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 findings, the Planning Board approves this Special Permit based upon
following conditions: p n the
SPECIAL CONDITIONS: {
1. This decision must be filed with the North Essex Registry of Deeds. The following information
is included as part of this decision:
a) Plans entitled: Definitive Subdivision Plan ofCountry Club Estates
Designed for: Marie W. Loughlin
465 Great Pond Road
North Andover,MA 01845
Design Engineer: Thomas E.Neve Associates, Inc.
447 Old Boston Road
Topsfield, MA 01983
Dated: 3/6/98
Sheets: 1 through 5
b) Report entitled: "Hydrologic Analysis of Country Club Estates" prepared by Thomas
E.Neve Associates,Inc., dated March 6, 1998
c) 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.
2. Prior to any work on site:
a) Plan to be revised to show limit of work line on all lots and add erosion control as
necessary on Lot 4.
b) House on lot 4 to be rotated away from 150' line as much a minimum of 10" to allow
for construction of the home without disturbing the non-disturbance buffer zone.
c) The limit of clearing line on each lot must be marked in the field with yellow caution
tape and must be reviewed and approved by the Town Planner.
d) A performance guarantee of five thousand ($5,000) dollars in the form of a check
made out to the Town of North Andover must be posted to insure that construction
2
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.
e) All.erosion control measures as shower on the plan must be in place and reviewed by
the Town Planner.
i
fl The site shall have received all necessary permits and approvals from the North
Andover Conservation Commission, Board of Health, and the Department of Public
Works and be in compliance with the above permits and approvals.
3. Foundation Plan: Immediately upon completion of the dwelling foundation and prior to
further construction activities associated with the site, the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the
foundation location and its proximity to wetland resource areas as shown on the approved
Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify
that the setback limits under the special permit have been met.
4. Prior to release of the Performance Bond:
a) The applicant shall submit a certified copy of an as-built plan that shows all
construction, including topography, sewer lines, storm water mitigation trenches and
other pertinent site features. This as-built plan shall be submitted to the Town Planner
for approval and shall be stamped by either a Registered Professional Land Surveyor or
Practicing Engineer in Massachusetts.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
S. Lawn Care: No pesticides, fertilizers, or chemicals shall be used in lawn care or
maintenance. This restriction shall apply and be binding on all current and fixture owners,
their heirs, administrators, successors and assigns, and shall be incorporated within all
subsequent deeds to the premises.
6. Any stockpiles of earth must be covered with a tarp and contained by fray bales and silt fence if
the piles are to remain on the site for longer than two weeks.
7. In no instance shall the applicant's proposed construction be allowed to fw1her impact the site
than as proposed on the plan referenced in Condition# 1.
S. No open burning shall be done except as is permitted during burning season under the Fire
Department re�mhtions.
3
9. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
10. 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.
p nnit shall be deemed to have lapsed after a two-(2) year period from the date
on whzch the Special Permit was granted unless substantial use or construction
ommenced.
CC. Director of Public Works
Building inspector
Health Agent
Assessor
Conservation Adtninistrator
Police Officer
Fire Chief
Applicant
Engineer
File
Country Club-Watershed
I
4
l ;
Town of North Andover �
FT- ,AoRY4
OFT-ICE Oit
COMMUNITY DEVELOPMENT AND SERVICES
o
384 Osgood Street
wiLL1gM J.SCOTT North Andover, Massachusetts 01845 j�5
Director
9 sacwusti
August 19, 1998
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, NIA 01845
Re; Watershed Special Permit-465 Great Pond Road
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on Tuesday evening April 21, 1998 at
7:30 p.m. in the Department of Public Works, upon the application of Marie W. Loughlin, 465
Great Pond Road, North Andover, MA 01845 requesting a special permit under Section 4.136
watershed protection district of the North Andover Zoning Bylaw. The legal notice was properly
advertised in the North Andover Citizen on April 1 & April 8, 1998 and all parties of interest
were duly notified, The following members were present: Richard Rowen, Chairman, Alison
Lescarbeau, Vice Chairman, Joseph V. Mahoney, and Alberto Angles, Associate Member.
The petitioner was requesting a special permit to obtain approval to construct 4 dwellings,
driveways, yards within the non-discharge zone of a wetland resource area in the watershed; To
install stormwater ponds and appurtances and to do regrading (vegetation removal) within the
non-disturbance and non-discharge zones; to regrade soil (vegetation removal) to create yards
(lots 4 & 5) within the non-disturbance zones.
The premises affected is land numbered 465 Great Pond Road in the Residential - 1 (R-1) Zoning
District and the Watershed Protection District,
The North Andover Planning Board held a regular.meeting on May 19, 1998, The following
members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph V.
Mahoney& Alberto Angles, Associate Member, Kathleen Bradley Colwell, Town Planner was
also present.
BOARD OIL APPEALS 688-9541 BUILDING 688-95,15 CONSERVATION 688-M0 HEALTH 688.9540 PLANNNG 688.9535
The North Andover Planning Board held a regular meeting on May 19, 1998. The following
members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph
Mahoney, John Simons & Richard Nardella. Kathleen Bradley Colwell, Town Planner was also
present.
The Board discussed these Public Hearings together as they concern the same property. John
Morin of Neve Associates was present to represent Country Club Estates and 465 Great Pond
Road. Mr. Morin stated that the applicant does want to go forward with the proposed 4 lots.
Mr. Morin stated that he has responded to 15 of the 21 comments by Mr. Chessia. Mr. Morin
stated that one of the issues was the traffic and they are waiting for a response from Dermit
Kelley, traffic engineer. Mr. Rowen asked how long the road is. Mr. Morin stated that the road
is 750' long. Mr. Morin stated that a 22' wide road is required because they are in the watershed.
Mr. Mahoney asked if Mr. Chessia has seen the drainage plans. Mr. Morin stated yes, but he has I
to go over a couple of comments. Mr. Rowen stated that at the last meeting the applicant stated
that they were taking drainage from Great Pond Road and treating it. Mr. Morin stated that they
were. Mr. Nardella asked where the catch basins were. Mr. Morin went over the location of the
catch basins on the plan with the Board. Mr. Rowen stated that he wants Mr. Morin to make it
clear to the applicant that the Board is not in favor of 4 lots.
Ms. Colwell stated that she needed to know whether the Board wants the island or not. The
Board agreed that they would like to see the island. Ms. Lescarbeau stated that the island could
be deeded to the homeowners. She will forward a sample deed to the Planning Department.
Continued until June 16, 1998.
The North Andover Planning Board held a regular meeting on June 16, 1998. The following
members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph
Mahoney, John Simons, Alberto Angles, Associate Member& Richard Nardella. Kathleen
Bradley Colwell, Town Planner was also present.
The applicants requested a continuance until July 7, 1998.
The North Andover Planning Board held a regular meeting on July 7, 1998. The following
members were present: Richard Rowen, Chairman, Joseph Mahoney, John Simons, & Alberto
Angles, Associate Member , Kathleen Bradley Colwell, Town Planner was also present.
The applicants requested a continuance until July 21, 1998,
The North Andover Planning Board held a regular meeting on July 21, 1998. The following
members were present: Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Richard Nardella
& Alberto Angles, Associate Member , Kathleen Bradley Colwell, Town Planner was also
present.
i
Tom Neve of Neve Associates was present to represent Country Club Estates & 465 Great Pond
Estates. Ms. Colwell stated that the Board needs an extension to issue a decision. Mr. Neve
stated that he did not want to put any drainage on Great Pond Road, 1vIr. Chessia stated that he
would like them to do a test pit. Mr. Neve stated that they did do permeability tests and they are
at the lab and are waiting for results. Mr. Chessia stated that we don't want the water to stay
there. Jim Rand of D.P,W stated that the 22' pavement with an island will be a problem and
D.P.W. would like all catch basins within the pavement. Mr. Neve stated that they would like to
have an island and will take any comments from D.P.W. and Planning. Dermit Kelly of DJK
Associates stated that the speed limit changes frequently through the area. Mr. Kelly went over
the traffic study with the Board. Mr. Kelly stated that they would like to place extra speed limit
signs in the area. Mr. Neve stated that they need to cut back some brush at the entrance of the
road to see better. Ms. Lescarbeau asked if that is the applicants property. Mr. Neve stated yes.
Mr. Simons stated that it is in the right of way and that is the Town's property. Paul Hajec of
Hajec Associates stated that Dermit Kelly pretty much summed it up but, in his opinion would like
to change the location of the entrance of the road. Mr. Neve stated that we can't with respects to
drainage. Mr, Simons asked where the closest impact on the watershed is, Mr, Neve stated it is
about 150'. Mr. Neve stated that he would like to close the Public Hearing and accept an
extension until August 31, 1998.
On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to close the
Public Hearing and except an extension until August 31, 1998.
The North Andover Planning Board held a regular meeting on August 18, 1998. The following
members were present: Richard S. Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John
Simons, Clerk, Joseph Mahoney, Richard NardelIa & Alberto Angles, Associate Member .
Kathleen Bradley Colwell, Town Planner was also present.
On motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to
approve the watershed special permit decision for 465 Great Pond Road as amended.
Attached are the conditions.
Sincerely,
Richard S. Rowen, Chairman
North Andover Planning Board