HomeMy WebLinkAbout02/05/2019 Notice of Decision - - 350 GREAT POND ROAD . � -
LJ. t ti,r
Town of North Andover
Office of the Planning Department
Community Development and Services Division
120 Main Street Li
• North Andover,Massachusetts 01845 NORTH #V
NOTICE of DECISION
WATERSHED PROTECTION DISTRICT SPEC L PERA "
Any appeal shall be wed
within days after the
date of Mug this notice i ��� 117 1 1
the office of the Town Clerk. 9 — —2 014 9 a 13
Date: jUaryn,2Mfevtrrki `` - . rt 1-11
Date of Hearing: January 8,2019,January 22,
2 019,February 5,2019
Date of Decision: February 5,,2019
Petition of: Christopher Burt&Ellen Good
350 Great Pond Road
North Andover,D A 01845
Premises Affected: 350 Great Pond Road
North Andover,MA
Assessor's Map 3 A,Hoot
Refeni ng to the above petition for a Watershed District Special P nnit, from the requirements of the North
Andover Zoning Bylaw Article 4 Building and Uses Permitted,Fart 5 Watershed Protection.District and Article
10 Ads m' istration, Section 1 .7 and M.G.L.c.40A, Sec.9.
So as to allow for the replanting of tomes,associated landscaping,rettg of brick pavers and construction of
10'X 1 ' permeable paver patio in the Non-Discharge and Non-Disturbance.ones. The project is located
vim the Residential H (R-1)Zoning District.
After a public hearing given on the above date, and upon a motion by L. Crane and 2 by A. Preston to
APPROVE the Watershed Protection District Special Permit and based upon the following conditions.
Vote was 4—0 in favor ofthe application.
= o
z behalf of Forth Andover Planning Board
} itan Goldberg,Chairman
Peter Boynton
ATTESTS Lori Crane
-A True Copy:, This is to C#that vom (20).days .Aaron Preston
have elapsed from da*of d e i n,filed
Tovim C1 r wit t ftng of an aweal.
Efate
mow A. dehaw
cwn CWk
Bk 15860 P 321 #11709
350 Great Pond Road
Map 37.A,Lot 5
Watershed Protection Special Permit
• Page 2 of 7
The Public Hearing on the above referenced application was opened on.January 8,2019 closed by the
North Andover Planning Board on February 5,2019.
PROCEDURAL HISTORY
1 An application for a Watershed Protection District Special Permit was filed by Christopher Burt
Ellen Goodwin, 3 5 0 Great fond Road,North Andover,NA 01845,
2) A Legal Notice was noticed in accordance with Section 11 of M.G.L.c.40A.
3 The following information was submitted by the applicant#
a. watershed Protection District Special Permit application was stamped by the Town Clerk
on December 21,2018.
b. "Permit Landscape Plan"',Dated October 29,2018,Revised to January 31, 2019
C. "Watershed Special Permit Site Plan,,Dated June 17,2011, revised to October 7,2011
d. Town of North Andover Certified Abutters List.
4 The plans were distributed to Town Departments/Committees for technical review and comment
n January 2, 2019.
5 The Forth Andover Police Department reviewed the project and determined that there were no
issues as long as any plantings do not block visibility along the roadway(Email from Daniel Lanen
dated January 3,201 .
6) The Forth Andover Conservation. Department has reviewed the project and determined that the
project is outside of their jurisdiction and noted that"extensive tree removal will result in increased
runoff and the potential for erosion.An increase in law,area will also result in higher maintenance
of the area.The proposed planting plan contains a mix of native and non-native vegetation."(Email
from Jennifer Hughes dated January 2,2 19).
7 The complete application was reviewed in accordance with Article 4,Part 5 watershed Protection
District and Article 10 Administration, Section 10.7 of the Town ofNorth Andover.honing
Bylaw and 1G Chapter 40A, Section 9.
8) Public hearings were held on January 8, 2019,January 22, 2019 and February 5,2019.
9) On February 5,2019,upon a motion made by L.Crane and seconded by A.Preston t
GRANT a watershed Protection District Special Permit to allow for the replanting of trees,
associated landscaping,resetting of brick pavers and construction of a 101 X 10' permeable
paver patio in the Non-Discharge and Non-Disturbance Zones.
The Planning Board vote was unanimous. A special permit issued by the special pennit granting
authority requires a vote of at least four members f a five-mernber board.
The applicant is hereby noted that should the applicant disagree with this Decision, the applicant has the
right, under MGM Chapter 40A, Section 17,to appeal to this decision within twenty days aver the date this
Bk 15860 P 322 #11709
350 Great Pond Road
Map 37.A.Lot
Watershed Protection Special Permit
• Page 3 of 7
Decision has been filed with the Tow.Clerk.
In accordance with Part 5, Sections 4.17—4.27 the Plannng Board makes the finding that the intent of the
Zoning Bylaw,as well as its specific criteria are net. This decision specifically stated by the Planning Board
.ales the following FENDINGS of `ACT:
1 The Project is located within an extremely environmentally sensitive area and In close proximity
to Lake Cochichewick and/or a tributary to the lake,the Town's sole drinking water supply;
however the final design includes the implementation if the 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,
11 Approximately 13 mature trees were removed from the property within the Nora-Disturbance
buffer zone prior to filing for a watershed Special Permit. Section .19.c.2.h specifies that
vegetation removal or cutting, other than in connection with agricultural uses or maintenance of
landscape area,as an allowed use by special permit.
12 The Plant Schedule specified on the Plan has been conf cned by the Planning Department in
consultation with the Conservation Administrator to be of native species for plantings specified to
he planted within the Non-Disturbance buffer zone. The Plan has been updated to reflect a 1:1.5
replacement ratio of trees wig the combined Ikon-Discharge and Noy.-Disturbance Zones.
13 The specific site is an appropriate location,for the project.
1 The use as developed will not adversely affect the neighborhood.
15 There will be no nuisance or serious haul to vehicles or pedestrians.
1 Adequate and appropriate facilities are provided for the proper operation of the proposed use;
17 This is are `after the fact' filing for approval of a replanting plan due to the unapproved removal of
approximately 13 mature trees within the combined Non-Discharge and Non-Disturbance zones.
1 Due to the age and size ofthe trees removed,the replacement will not be a 1:1 ratio. The plant schedule
will consist of 39 trees,57 shrubs,and foundation plantings_ The sires of which are specified on the
Plan.
1 The Planning Board also males a specific finding that the use is in harmony with the general
purpose and intent of the North Andover Zoning Bylaw.
RAHT DEFTrqMONS
The"Locus"' or"Site"refers to the 1.97 acre parcel of land, as shown on Assessors Map
7.A,Lot 5,and also known as 350 Great Pond Road,North Andover,Massachusetts.
The`'Plan,"refers to the plan prepared by James K.Emanuel Associates,22 Carlton Road,
Marblehead,MA o 1945,entitled"Permit Landscape Plan," dated October 29,20 18.
The "'Project" refers the replanting of trees, associated landscaping, resetting of brick
Bk 15860 Pg323 #11709
Ih
350 Great Pond Road
Map 37.A.Lot 5
Watershed Protection Special Permit
{ Page 4 of 7
pavers and construction of a permeable paver patio in the Non-Discharge and Non-
Disturbance Zones.
• The"Applicanf'refers to Christopher Burt&Ellen Goodwin,3 5 0 great Pond Road,North
Andover, MA 0 1845, the applicant for the watershed Special Permit, its successors and
assigns.
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.
Finally,the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 1 5-10.7, but requires conditions in order to be fully
in compliance.The Planning Board hereby grants an approval to the applicant provided the following
conditions are met:
S' CUL CoNDolS
20) A new, approximately 10'X 10' permeable paver patio using existing slate from the removed
walkway will be constructed. The patio shall be sloped towards the adjacent pervious grass area.
The slate pavers are to be hand placed on existing grade and not constructed according to the
detail depicted on the Plan. If any digging is required to level the surface the area should be hand
dug and appropriate erosion control shall be installed prior to construction.
i The two existing brick paver areas shall be reset within,the same footpfint. These are to be hand
placed on existing grade. If any digging 1s required to level the surface the area shall be hand dug
and appropriate erosion control shall be installed prior to construction.
22 The tree noted"Remove Existing Free"to the rear of the existing garage shall be limbed rather
than removed. Care must be taken not to damage any of the surrounding trees.
3 Vista px un .g, "the selective thinning of tree branches or understory shrubs to establish a specific
t'window't to improve visibility" 310 CMR 1 .0 , is prohibited without Planning Board
Approval.
4 repaving of the existing driveway is not permitted. Should the Applicant want to repave the
existing driveway,the Applicant shall file an application for a watershed Special Permit with the
Planning Board.
2 5 All work shall remain outside of the 10 0'buffer gone.
26) Prior to replanting the applicant shall provide photographs of the current conditions of all areas
that will be replanted.
2 Following the installation of the plantings during the 2019 growing season, the Staff Planner will
conduct a post installation inspection with the homeowner.The homeowner will provide a report
of the number of plantings installed and photos for monitoring poses.
Bk 15860 P24 #11709
350 Great Pond Road
Map 3 .A,Lot
Watershed Protection Special Permit
Page 5 of 7
2 y June 30, 2020 the homeowner will submit a monitoring report describing the health of the
plantings after leaf-out.The report will include photographs and a statement from the homeowner
describing the general health of the plantings and any plant mortality.
2 The use of fertilizers are limited to these vbich are either organic or slow-release nitrogen and
phosphorous-free. The Applicant shall incorporate this condition as a deed restriction and a coley
of the recorded deed restriction shall be submitted to the Town Planner and included in the file.
3 0 The Town Planner shall approve any charges made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the planning Board.
PRIOR TO ANY SITE WORK ISSUANCE BUILDING P R U T
31 Two 2 copies of the signed, recorded decision and plans roust be delivered to the Planning
Department.
32 performance guarantee bond of two thousand dollars 2, . 0 made out to the Town of
Forth 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.
3 3 A.detailed construction schedule shall be submitted to the Planning Staff for the purpose of tracking
the planting/construction and informing the public of anticipated activities on the site.
3 A pre-construction meeting must be held with the homeowner,their landscape employee,and
Planning Department to discuss location and type of erosion control, scheduling of inspections to
be conducted on the project and the replanting schedule.
DEG CONSTRUCTION
3 5 Any stockpiling of materials(dirt,wood,paver material,etc.)must be shown on a plan and reviewed
and approved by the Planning Staff. Any approved piles must remain covered at all hies and fenced
off to minimize any dust problems that may occur with adjacent properties.It shall be the responsibility
of the developer to assure that no erosion from the construction site shall occur which will cause
deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to
off-site construction.
36 Off-site erosion will be a basis for the Planuing Board making a finding that the project is not i
compliance with the plan;provided,however,that the Planning Board shall give the developer written
nonce of any such fmdYng and three days to cure said condition.
PRIOR TO RIELFASE OF PERFORALkNCE BOND
3 7) The applicant shall submit an as-built plaza that shows all plantings and patios. This as-built plan shall
be submitted to the Staff Planner for approval. The applicant must submit a certification from the
Bk 15 Pg325 #11709
350 Great pond Road
Map 3 7. .,Lot 5
Watershed Protection Special permit
Page 6 of
Landscape Architect that the site was constructed as shown on the approved plan.The applicant must
submit photographs of the new planted areas.
3 ) The Plying Board must by a majority vote make a finding that the Site is in conformance with
the approved plan.
GENERAL CONDffIONS
39) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
) The hours for construction shall be limited to between 7: o a.m. and 5:00 p.m. Monday through
Friday and between : o a.m. and 5:00 p.m. on Saturday.
41)No open burning shall be done except as is permitted during burnxng season under the Fire
Department regulations.
42 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.
43) Any action by a Town.Board, Commission,or Department,which requires changes in the plan or
design of the building, as presented to the Planning Board,may be subject to modification by the
Planning Board.
4 ) Any revisions shall be submitted to the Planning Director for review.If these revisions are deemed
substantial,the Applicant must submit revised plans to the Planning Board for approval.
45) Pursuant uant to the North Andover Zoning Bylaw Section 195-10.7. A.3 this Special Permit approval
shall be deemed to have lapsed February 5, 2021 (tiro years from the elate of issuance) exclusive
of the brae 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.
4 ) This decision must be recorded with the North Essex Registry of Deeds.The following information
is fficluded as part of this decision:
Flan titled: T emit Landscape Plan
Burt-Goodwin Residence
5 o Great Pond Road
Forth Andover,MA
Prepared for: Christopher Burt&Ellen Goodwin
35 o Great Fond Road
North Andover,MA o 1845
Prepared by: .Tames K.Emmanuel.Associates
2 Carlton Road,Marblehead,MA 01945
Marblehead,MA 0 1945
� 9 #
3 50 Great Pond Road
]map 37-A,Lot
Watershed Protection Special Permit
Page 7 of 7
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Date: October 29, 2018,Revised to January r 31,2019
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