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Home My WebLink About07/21/2020 - Notice of Decision - - 350 GREAT POND ROAD Town o North . ". Andover • :v:,;.±+ .+ Office of the Planning Department Community evelo ment and Services Division - F ' : � 120 Main Street rNorth Andover,Massachusetts 01845 _ NOTICE OF DECISION WATERSHED O CTION DISTRICT SPECIAL PERMIT Any appeal shall be filed within 2 days after the date of filing this notice in the office of the Town Clerk. . Date: July 21, 2020 Date of Hearing: July 21,2020 Date of Decision: July 21,20 Petition of; Christopher Burt 350 Great Pond Road North Andover,MA 01845 Premises Affected: 350 Great Pond Road Forth Andover,MA Assessor's Map 37A,Lot Referring to the above petition for a Watershed District Special Permit, from the requirements of the North Andover Zoning Bylaw Article 4 Building and Uses Permitted,Part 5 Watershed Protection District and Article 10 Administration, Section 10.7 and M.G.L.c.40A Sec. 9. So.as to allow for the repaving ofan existing driveway,portions ovh�ea are located within the Non-Discharge and Nora-- istarbanoe Zones.The project is located within the Residential Zonin istr(R-1) got. Ater a public hearing given on the above date and upon a r a motion J. Simons and by K. f argnesi to APPROVE the Watershed Protection District Special Perinit and based upon the foll conditions. ovmg or�d�t�ons. Vote was 5—0 in favor of the application. Onvehalf of North Andover Planning Board itan Goldberg, Chainnan Peter Boynton Kate Bargnesi Aaron Preston John Simons 350 Great Pond Road Map 3 1,A,Lot Watershed Protection Special Permit 'age 2 of 5 The Public Hearing on the above referenced application was op ened on July 2 1, 200 and dosed by the North Andover Planning Board on July 21, Zo o. PROCEDURAL HISTORY An application for a Watershed Protection District Special Permit was filed on June 22,2020 by Chu-istoher Burt, 3 5 o Great Pond Road,North Andover,MA.0 18 45. 2 A.Legal Notice was noticed in accordance with Section I I of M.G.L. e. 40A. 3) The following information was submitted by theapplicant: a. watershed Protection District Special Permit application was stamped by the Town Clerk on June 22,2020. b. "Permit Landscape Plan",.dated October 29, 2018,Revised to January C. "Watershed Special Permit Site Plan,Dated June 17,2011 revised to February d. Town of North Andover Certified Abutters List, 4) The flans were distributed to Town Departments/Committees for technical review and comment on January 29,2020. 5) The North Andover Conservation Department has reviewed the project and had no comment (Email from Amy Hamer dated July 7, oo). 6) The Town Engineer,John Borgesi,has reviewed the project t and proposed Sketch Plan dated June 29 2020 to address storrrmwater runoff from the re av d driver (see email from John orgesi dated June 2 ,2020). 7 The storm water management design consists of construction ion of a pitched driveway with a 2% dross slope to direct stormwater runoff to a 2' x 2' crushed stone trench installed along the entire length of the driveway with a minimum of five stone check dams. 8) The complete application was reviewed in accordance with Article Pait 5 Watershed Protection District and Article 10 Administration, Section 10.7 of the Town of North Andover Zoning Bylaw and MLG Chapter 40A, Section 9. 9) A Public hearings was held on July 21, 2020. 10) On July 21,2020,upon,a motion made . Simons nd sec ' ' oa�ced �. �rncs�to RANT a'watershed Protection district Special Permit to allow for the repaving o an existing driveway,portions of which are located within the Non-Discharge and Non-Disturbance Zones. The Planning Board vote was - , unanimous in favor. A. special permit issued by the special perrnmt granting authority requires a vote of at least four members of a five-member boar . The Applicant is hereby notified that should the Applicant disagree with this Decision son,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'down Clerk. Great Fond Road Map 37.A,Lot Watershed Protection Special Permit Page 3 of In accordance with Fart , Sections .1 — .27 the Planning Board ' . makes the finding that the intent of the, Zoning Bylaw, as well as its specific criteria are met. This decision specificall stated the Planning hoard makes the following FINDINGS OF FACT: l The Project is located within an extremely environmentally sensitive area and in close proximity to Lake Cochiche ric and/or a tributaryto the lake t � , h �' �n sole drinking water supply; however the final design includes the implementation of the Best Management to ensure the continued protection of Lake Co ehieheriek and the safety and welfare of the residents of North Andover. n Februmy 5,2019 the Planning Board approved d a Watershed Protection District for the propei-y to allow for the replanting of trees,associated landscaping resetting of brick payers and construction of a 10 x 1 permeable paver patio in the Non-Discharge and Non� *sturbance Zones. Per Special Condition#24 of said special permit, repaving of the existing driveway is not permitted. Should the Applicant ant meant to crepe the existing driveway,the Applicant shall file an application for Water . � shed Special Permit with the Planning Board"'. 12 The specific Site is an appropriate location for the project. 1 The use as developed will not adversely affect the neighborhood. 1 Where will be no nuisance or serious hazard to vehicles or pedestrians. Adequate and appropriate facilities are provided for the proper operation of the proposed use; 1 The Manning Board also makes a specific find' • �r� that the use � �n hrn�. nY with the general purpose and intent of the North Andover Zoning Bylaw, PE RNUT DEFINITIONS The "Lochs" or"Site"refers to the 1.97 acre parcel of land nd, as shown on Assessors map 7. ,Lot 5, and also known as 350 Great Pond Road,North Awndover,Massachusetts. The"Flan"refers to the Sketch Flan dated - 9-2 2 . The "Project" refers to the repaving of an existing driveway,eway, portions of which are iodated within the Non-Discharge and Non.-Disturbance Zones. The "Applicant" refers to Christopher Burt 350 Great Pond Road, worth A.ndoer, MA 18 45,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, per, and owner. pp Finally,the Planning Board finds that this project generally lcomplies with the Town of worth Andover Zoning Bylaw requirements as listed Article ,Part 5 and in Section 195-10.7, but r . eq �re conditions in order to be fuller in compliance. The Planning Board hereby grants an approval to tie A.ppXint provided the following conditions are met: SPECIAL CONDITIONS 350 Great Pond Road Map 37.A,Lot Watershed Protection Special Permit Page 4 of 17) The gown Planner shall aPPrOve are changes made to ' these plans. And changes deemed substantial by the Town Planer would require a public hearing and modification by the Planning Board, I The construction sequence shall include grading for driveway�` y and stone Tech first, installation of stone/check dares,and then repaving of driveway. PRIOR TO ANY SITE wool ISSUANCE OF.A.BUILDING 1 Two copies of the signed, recorded decision and Plans must be delivered to the Planning Department. 20 The use of fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free and the use of coal-tar-based pavement sealant is prohibited The Applicant shall incorporate these restrictions as a deed restriction and a o the �o recorded deed restriction shall be submitted to the Town Planner and included in the file pre-repaving meeting must be held with the homeowner,their contractor, and Planning Department to discuss location and type of erosion control and to schedule the inspections to b J conducted on the Project. p DEG CONSTRUCTION 22 Any stockpiling of materials girt wood paver material, etc.) must be shown on a Phan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all tunes and fenced off'to minimize any dust may problems that p � 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 sedrnt u on adjacent ro eri orpublic p .� P wars,except as normally ancillary to off-site construction. 3 Off-site erosion will be a bads for the Planning Boar • g making a finding that the project�s not compliance with the Plan; provided, however, that the Plaxna Board shall give the developer eloper written notice of any such ceding and three days to cure said condition, GENERAL CONDMONS 24 The contractor shall contact Dig Safe at least 72 how's prior to commencing and excavation. 25 The hours for construction shall be limited to between ' .0 0 a,rn.and 5.0 0 p, .Gondar through Friday and between 8.-00 a.m. and :o ..m. on Saturday. � 2 No open burning shall be done except as i errnitted P during burning season under the Fire Department regulations, 27 The provisions of this conditional approval shall apply to n i pP pP ' d e binding upon the Applicant, its employees and all successors and assigns in interest or control. 2 Any action by a Town Board,Commission, or Department,which requires q s changes in the Plan or design of the building, as presented to the Planning Board, maybe sub`ect to modification b the Planning Board. .� Y4. - 3 5 0 Great Pond Road Map 37.A,Lot Watershed Protection Special Permit 'age 5 of 5 2 Any revisions shall be submitted to the Planning Director for review. I revisions these �ev�s�ons are deemed substantial, the Applicant must submit revised Plans to the Planning Board for approval. 30) Pursuant to the North Andover Zoning law Section i 5-l i 7, A.3 this Special Permit approval shall be deemed to have lapsed July 7 2022 (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-gear period. Substantial use or construction will be determined by a maj ority vote of the P lannru B oard, l This decision must be recorded with the North Essex Registryfollowing Deeds. the information is included as part of this decision: Flan titled: Sketch Plan Burt-Goodwin Residence 3 5 0 Great Pond Road North Andover,MA Prepared for: Christopher Burt 3 5 0 great Pond Road North Andover,MA 01845 Prepared y: John Borgesi,Town Engineer 3 84 Osgood Street North Andover,MA.0 1845 Document'titled: Pollution Prevention and Operations and MaintenancePlan-Post Construction Phase Date:: my 21,202 ec; Applicant Abutters `own Clerk FC k .......... O TES: � � ��' ' .n ,rto COOWT10'S+4 TREES I i nAW 'AAA C�$KA"BEAR TM f0ooM�h?1 [P To Iv %TBW °�t-n SHALL J�l�4TELY�'�To THS O ' PROPOSED '� 'ram'' �Y'a REMOVE$IN 10 TMIr ALTEW&TE FL+MN6 LOCATWtO OM I° VCnI$t2�MW 7HJSAREA, f ur4 HE we PRO ED INST NEWUGMI SEE EX=NG - _ 0 CONDMON MA GAS �•, �� PERM" l y*rj+�j�* •YO - CTO RJ OVE( NOTFORCONSTRucTION TREE FINE THI,AlA ARR +�"E•��7}I y-; _•r r` T *-r"•��"a►..a�tiF.yr'�.w+w-r�f 1i.'!!„+�a-ti J r'�•}}`r �++7� • P LC }0 Vir TN TREES LN SSEEX oNoUo PLA"NI 7 BED '�T7RL l*• -fJ� r �i J.•T fi?TiJY f`-�." q�Wd 7`[ryREIES yy.��WH } V;�1+rt�+FS�..fl�� FF VISAREA i1VMMED REL*vpLe pAvykR PA-no RrA OVE V WALUMWAY •��y../;+��44 o�r r �_�• -f��`' if�� /i�J f'+~,'+'-•1•. i�F s WASSy NEW FOU DAmCNLOW0 AF 'a' .,. _ �. RE-PAVE F!AMWG EEr PLA a ,- 'SLU DOSMNG "FOUNDATION P€.A n w� CRAT-'lA`f. �. PROPOSED LOCAnoN orm N EVE PRO PANJ TA RE-SET EXMM40 B Ci PAVERS _. EK6EN{� SnNG BUILD GA 1GE Off! R&Sii7 NOE CNARAGE &WE FOOTPRJNT As F 161.74 Enn)10 GARAGE • .GSR�4S - R6-SET BRICK FflVF1n ON RE-BPELD DECK ON "N]'AD AS REQUIRE ._ "�. ,. t r - +-.•+,._. .�.r_w.�.� .tea �}� wit. sv- FP �'"1) MON qGvnz 3' LAB=HICHE ICK y toga e wi-food Driveway Repaving Watershed Special Permit 350 Great Pond Road,North Andover,MA 01 Pollution Prevention and Operations and Maintenance Plan - Post Construction Phase Date: July 21,2020 1.0 RESPONSIBILITY 1.1 Parties Responsible for Operation and Maintenance: The owners of the land known as "350 Great Pond Road" on certain plan "Sketch Plan"' attached hereto prepared by John Borgesi, Town Engineer, dated June 29, 2020. Said Plan was prepared for Christopher Bust,350 Great Pond Road,Nosh Andover,NIA 0 1845,and any successors shall be the responsible party for the operation and maintenance of the st r waters stern associated with the private residential driveway shown on the Sketch Plan, STORMWATER MIANAGEMENT CONTROLS The purpose ofthis section is to identify the types of best management practices (BMPs). . list of best management practices (BM Ps) is included as Table 1• the BM Ps listed have been developed to serge as post-construction storm water controls. Table BEST MLANAGEMENT PRACTICE MAINTENANCE k}�':: s�;�.vx%v :,.-tf'C .. '.:}'{: s'�•'%u � .*_ +2. �h;4+' Y'. :.5x'W'r:h.�'{� �} tY �:=ymy s ^. iw.n �rk., ,R.� 'K2" M1'� +y �� '�:.�{'a��'�"*'^^S L'.nT�.''�{■n��.^�.�' i.��y �!k � W- ,fir �a}.�.. AA 39 9,111 �-" �,�a„mar �s� �•. 5- r � „ r,,;rf-:��+.' Owner 30 Great Pond Inspect two tines Per year.Remove weeds,leaves,and sediment. Infiltration Trench load Re place crushed stone as necessary Ch ee Irr Owner 50 xret Pond Inspect two times Per year.Remove weeds,leaves,and sediment. Road Replace crushed stone as necessary Driveway Repaving Watershed Special Permit 50 Great Pored Road,North Andover,MA.01845 North Andover lass. Pollution Prevention and Operations and Maintenance Plan -Post Construction Phase Date: ,duly 2 .,2020 2.0 INSPECTION AND MAINTENANCE OF ST RMWAT R MANAGEMENT CONTROLS: 2.1 Post-Construction: The following maintenance schedule for stonnwater controls shall be established in accordance with Fable I of this plan. 2.1.1 Infiltration Trench --Remove sediment trice per year. -After construction,the Infiltration.Trench ch shall be inspected twice per year, in the spring and fall, for the failure or erosion of sideslope embankments, and for accumulated sediment.Necessary sediment and geed removal, earth repair, and/or replacement of crushed stone will be performed immediately upon identification. Disposal of the accumulated sediment must be in accordance with applicable local, state, and federal guidelines and regulations. 2.1.2 Check Dams Remove sediment twice per year. After construction,the Check Dams shall be inspected trice per year, in the spring and fall, for the failure or erosion and for accumulated sediment.Necessary sediment and weed removal, and/oar repair replacement of crushed stone will be performed immediately upon identification.Disposal of the accumulated sediment must be in accordance with applicable local, state and federal guidelines and regulations. 2