HomeMy WebLinkAbout2015-03-17 Decision - Watershed Special Permit DEF SUB 1
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North Andover,Massachusetts 01845
NOTICE OF DECISION-Watershed Special Permits Is to eaft that twenty(20)days
thave elapsed Isom date of doah*M,OM
Any appeal shall he filed vrtdtoutoE
within(20)days after the T ' a
date of filing this notice in
the office of the Town Clerk.
Date: March 17,2015
Public Hearings: March 3,2015;March 17,
20I5.
Date of Decision:March 17,2015
Petition of; Marc E Rudick
1046 Great Pond Road D0a! 1 x 4 r r 83 04s--.28.-20 16 2 a 04
North Andover,MA 01845 EsseK Napth Land Court Resistrs
Premises Affected: 1046 Great Pond Road
Assessors Map 103 Lot 27
North Andover,MA 01845
The above petition for a Watershed Special Permit is in accordance to the requirements of the North Andover
Zoning Bylaw,Sections 4.136 and 10.31 and MGL C40A,Sec 9.
This petition is to allow construction of a new stormwater management system designed to capture and treat
stormwater originating from Great Pond Road.The stormwater work is within the Non-Disturbance Zone and
Nan-Discharge Zone of the Watershed Protection District.The application was submitted by applicant Marc
B. Rudick, the owner of the property, with plans dated February 5, 2015 and an associated Construction
Detail for"Rudick Place"Subdivision drawing SK 1 dated February 26,2015.
After a public hearing givers on the above dates,and upon a motion by L.Rudnickl, seconded by L.
McSherry, the Planning Board APPROVES the Watershed Special permit, as amended and with
conditions.A vote of 5.0 was made in favor/apposition of the application,
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1046 Great Pond Road Rudick Place
Watershed Special Permit
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The Planning Board herein APPROVES the application for a Watershed Special Permit so as to
allow construction of a now stormwater management system designed to capture and treat
stormwater originating from Great Pond Road.The stormwater work is within the Non-
Disturrbance Zone and Non-Discharge Zone of the Watershed Protection District.The application
was filed with the planning Board on February 5,2015,The public hearing on the above referenced
application was opened on March 3,2015 and immediately continued to March 17,2015 without
testimony taken,and closed on March 17,2015.The site is located at 1046 Great fond Road,Map 103,
Lot 27 in the Residential 1 (R-1)Zoning District. This Special Permit was requested by Marc B.Rudick,
1046 Great Pond Road,North Andover,MA 01845. The application was filed with the Planning Board
on February 5,2015. The applicant submitted a complete application,which was noticed which was
noticed and reviewed in accordance with Sections 4.136 and 10,31 of the Town of North Andover Zoning f
Bylaw and MGL C.40A,Sec.9.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw,as well as its
specific criteria, is met, This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
= 1) That as a result ofthe 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.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge,structure or activity.
3) The Applicant has responded to comments from the Planning Board and independent stormwater
technical reviewer and provided revised drainage plans that address on-site stormwater
management.
4) The project includes a nominal amount of construction activity, there will be no roadway
construction,and there will be an improvement to the treatment of the water entering the lake,
l 5) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston, and with the application of the erosion control measures and implementation of 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. The plan has been
reviewed and approved by the outside consulting engineer, Lisa Eggleston, as evidenced by an
email dated March 17,201S.
6) )A addition, in accordance with Section 10,31 of the North Andover Zoning Bylaw, the ,Planning
Board makes the following ADDITIONAL 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;
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b. The use will not adversely affect the neighborhood as the lot is located in a Residential 1
i{ Zoning District;
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c. There will be no nuisance or serious hazard to vehicles or pedestrians;
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` 1046 Great Pond Road Radick Place
Watershed Special Permit
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,
7) The project design has been reviewed and approved by the Division of Public Works. See
Interoffice Memorandum prepared by Gene Willis dated February 26,2015.
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8) The topography of the site will not be altered substantially, t
9) As conditioned,the site is an appropriate location for the project use and proposed structures.
10)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 and will not adversely affect the neighborhood given
that the Project proposes the elimination of one house which reduces density on the Locus, and the
stormwater facilities to be constructed on the Locus as a part of the Project will improve water
quality within the Lake Watershed.
Finally, the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 4.136, but requires conditions in order to be fuW in
compliance. The Planning Board hereby grants an approval to the Applicant provided the following
conditions are met;
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following SPBCIAL CONDITIONS:
1) Permit Definitions:
a) The "Locus" refers to the approximately 6.3-acre parcel of land fronting Great Pond
Road at 1046 Great Pond Road as shown on Assessor's Map 103,Lot 27 as shown on
the Plans.
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b) The"Plans"refer to the plans named"Special Permit Plan for Rudick Place in North
Andover, MA -M Proposed Drainage Modification Plan," dated March 12, 2015
i (revised to March 14,2015),Sheets 14,prepared by Christianson&Sergi Inc„
i c) The "Project" refers to allow construction of a now stormwater management system
designed to capture and treat stormwater originating from Great Pond Road. The
stormwater work is within the Non-Disturbance Zone and Non-Discharge Zone of the
Watershed Protection District.
d) The "Applicant" refers to Marc Rudick, the applicant for the Definitive Subdivision
} Plan.
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e) The"Project Owner"refers to the person or entity holding the fee interest to the title to
the Locus,which can include but is not limited to the Applicant,developer,and/or
owner,
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1046 Great Pond Road Rudick Place
Watershed Special Permit
2) Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (<
5%). Pesticides and herbicides shall not be used within 100 feet of a wetland resource Area.The
use of coal tar-based pavement sealants Is prohibited. These restrictions will be noted in a recordable
deed restriction or covenant covering the entire Locus
3) The Town Planner shall approve any changes made to these plans not deemed substantial. Any
changes deemed substantial by the Town Planner would require a Public Hearing and modification
to the Special Permit by the Planning Hoard. Any change that relocates,eliminates,reduces size or
capacity of or adds any catch basin,drainage pipe or bioinfiltration area,or any other changes to :+
the drainage system (as shown on the Plans)shall be deemed to be substantial. This Watershed
Special Permit may only be used In conjunction with the Definitive Subdivision Plan for these same
premises approved March 17,2015.
4) In consultation with the Town Planner,the Applicant shall designate an independent construction
i monitor as stated. in Condition 13 of the Definitive Subdivision Plan Decision dated March 17,
2015,
5) The area depicted as an area of vegetation removal on Lots 36 and 37, which had been recently
cleared, shall be promptly re-vegetated and the soils stabilized. Vegetation shall be comprised of
native species to minimize the need for watering and fertilizer application,and any fertilizer used in
the re-establishment of vegetation shall be slow-release and low in phosphorus.
6) Prior to issuance of site work or a building permit:
a. A performance guarantee bond of five thousand dollars($5,000.00)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 deolsion and to ensure that the as-built plans will be
submitted.
b. The applicant shall ant a non-exclusive 25'-wide easement to the Town of North
Pp !�
Andover which provides the Town with the right, but not the obligation, to maintain,
repair, replace, and access to and egress from, the existing catch basin on the westerly
y side of Great Pond Road at#1046,the existing drain pipe leaving said catch basin, and
the existing manhole structure said pipe flows to(said manhole Is currently located in the
front yard of#1046 Great Pond Road and shown as DMH#1 on the Plans).
c. Three (3) copies of the signed, recorded plans and Decision :rust be delivered to the
s Planning Department.
d. All erosion control measures as shown on the plan must be to place and reviewed by the
Town Planner.Weekly inspections of all erosion control measures will be completed by the
designated independent Environmental Monitor and incorporated into the weekly reports as
part of Special Condition(13)of the approved March 17,2015 Definitive Subdivision Plan,
7) Prior to release of the Performance Bond;
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1046 Great Pond Road:Rudick Place
Watershed Special Permit
a. 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 Town Planner for
approval. The applicant trust 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.
S) Prior to the Issuance of a Certificate of Compliance
The applicant shall incorporate the following conditions as a deed restriction covering the
entire Locus and a copy of the recorded deed restriction shall be submitted to the Town
Planner and included in the file.
i. Fertilizers arc limited to those which are either organic or slow�release nitrogen and
phosphorous-free.
ii. The use of coal w-based pavement sealants is prohibited.
Ill. Conditions 7 and 8 of the Notice of Decision Definitive Subdivision Plan Rudick
Place shall be deemed to be for the benefit of and enforceable by the Town of
North Andover
9) General Conditions
a. In no instance shall the applicant's proposed construction be allowed to further impact the
site other than as proposed on the plans referenced in Special Condition 491
b. The applicant must comply with the conditions set forth in the Definitive Subdivision Plan
Decision approved on March 17,2015.
c, No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
d. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
o. 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.
f. Should the project Owner transfer ownership of the entire Locus prior to completion and
submission of the final as-bunts,the buyer shall meet with the Planning Board to provide an
update on the status of the project.
g. This Special Permit approval shall be deemed to have lapsed March 17, 2017 (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
i period. Substantial use or construction will be determined by a mgjority vote of the planning
Hoard.
3 h. no applicant is hereby notified that should the applicant disagree with this decision, the
j applicant has the right under MGL Chapter 40A Section 17, to appeal this decision within
twenty days after the date this decision has been filed with the Town Clerk.
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' 1046 Great Pond Read Rudick Place
Watershed Special permit
L This decision must be filed with the North Essex Registry District of the band Court.The
following Information is included as part of this decision:
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Plans Titled: Special Permit flan for"Rudick Place"
North Andover,MA 01845
Prepared for: Mare E.Rudick
1046 Great Pond Road
North.Andover,MA 01845 �
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Prepares!by: Christiansen&Sergi Inc.
160 Summer Street
Haverhill,MA 01830
Seale: 1"=40'
Date. March 12,2015,Revised March 14,2015 t
Shoots: 14 E
Co., Director of Public Works
Conservation Administrator
Applicant
Engineer s
File ,
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ACCEPTANCE BY TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
The Town of North Andover, Massachuse acting by and through its Board of
Selectmen,accepts the foregoing conveyance to sai wn.
i
aey .Watson, Chair
eColog
os ' e
onald Stewart
Richard Vaillancourt
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS
On this D day of y,2016, before me, the undersigned notary public,
personally appeared Tracy M. Watson, Phil DeCologero, Rosemary Smedile, Donald
Stewart and Richard Vaillancourt, each proved to me through satisfactory evidence of
identification,which was a Massachusetts Driver's License, to be the person whose name
is signed on the preceding or attached document, and acknowledged to me that she/he
each signed it voluntarily for its stated purpose, acting in her/his capacity as a Selectman
for the Town of North Andover.
Notary ubIi
My Commissio(/x xres:
LAURIE A. 8 RZI.AF
Notary Public
caMMaNwFauMTHiE+of w►seaarrs
My Commission Expires
October 2. 2020
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Town of North Andover
• Off ice of the Planning Department '''''
Community Development Division
120 Main North Andover, Street
, Massachusetts 01845
WATERSHED SPECIAL PERMIT—EXTENSI6N
Date of Decision: December 6, 2016
Petition of: Marc E. Rudick
1046 Great Pond Road
North Andover,MA 01845
Premises Affected: 1046 Great Pond Road,North Andover,MA 01845
Assessor's Map 103,Parcel 27
PROJECT HISTORY
On March 17,2015 the Planning Board approved a Watershed Special Permit to allow construction of a
new stormwater management system designed to capture and treat stormwaler originating from Great
Pond Road, The Stormwater work is within the Non-Disturbance and Non-Discharge Zone of the
Watershed Protection District.
A Special Condition on the Decision, 9(g) states, "This Special Permit approval shall be deemed to have
lapsed March 17,2017(two years fionn the date of issuance) exclusive of the time required to pursue or
await determination of any appeals, unless substantial use or construction has commence within said two-
year period. Substantial use or construction will be determined by a majority vote of the Planning Board."
Under Section 10.31.3 of the North Andover Zoning Bylaw the Special Permit Granting Authority, at its
discretion,may extend the Special Permit for an additional one (1)year period.
FINDINGS
On December 6, 2016 the Applicant requested an extension of the Special Permit due to contractor issues,
financial constraints and the upcoEning winter season.
DECISION
After discussion at the December 6, 2016 Planning Board meeting, and upon a motion by Lynne
Rudnicki, seconded by David Kellogg, the Planning Board voted to approve a six(6) month extension for
the Watershed Special Permit for 1046 Great Pond Road. Should the applicant need an additional six(6)
month extension he must come back to the Board with another extension request.
r an Enright,Pl nning Director
On behalf of North Andover Planning Board
John Simons
Lynne Rudnicki
David Kellogg
Lora McSherry
Peter Boynton