HomeMy WebLinkAboutDecision - 121 CARTER FIELD ROAD 4/21/2004 Town of North Andover NORTH
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Office of the Planning Department F=
Community Development and Services Division 4,41
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William J. Scott Division Director °* - �•
27 Charles Street �9SS�cr+us���y
North Andover,Massachusetts 01845 Telephone Julie Parrino p (978)688-9535
Town Planner Fax(978)688-9542
Notice Of Decision twenty(20)days
t;om date of decision,fl
Any appeal shall be filed �� t'" of an apps lip ��,®f
Within (20)days after the date
Date of filing this Notice rows Cle Bradshaw
In the Office of the Town
Clerk
® Date: April 21, 2004
Date of Hearing: April 6, 2004
Decision: April 20, 2004
Petition of: Thomas D. Zahoruiko 121 Carter Field Road,North Andover, MA 01845
Premises Affected; 121 Carter Field Road,'North Andover, MA 01845
Referring to the above petition for a Watershed Special Permit. The application was
determined to be complete and was noticed and reviewed in accordance with the
procedures for review and approval in accordance with the Rules and Regulations
Governing the Subdivision of Land and M.G.L. Chapter 40-A, sec 11
So as to allow: The construction of an inground swimming pool, concrete terrace, fencing
and retaining wall s located within the Non-Discharge Zone of the Watershed Protection District.
After a public hearing given on the above date, the Planning Bo vote o APP VE,
the Watershed.Special Permit, based upon the following co i s:
Si
erto 1 , Chairman
Cc: Applicant eo'rge W i ,Vice Chairman
Engineer Felipe Sch arz, Clerk
Abutters John Simons
DPW James Phinney
Building Department
Conservation Department ,�
Health Department ATTEST.
ZBA
A True Copy
Town Clerk
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9135 n 1'
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121 Carter Field Road (Lot 3)
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Thomas D.
Zahoruiko, 121 Carter Field Road, North Andover, MA 01845 filed on March 5, 2004.
The area affected is located at 121 Carter Field Road in the R-1 Zoning District, Map 62,
Lot 2. The lot was created after 1994 and is subject to the Watershed Protection District
provisions for lots created after October 24, 1994. The applicant is requesting a Watershed
Special Permit for the construction of an in-ground swimming pool, concrete terrace,
fencing and retaining walls located within the Non-Discharge of the Watershed Protection
District. Public hearings were held on April 6, 2004.
A Watershed Special Permit was issued by the Planning Board on December 27, 20021 for
construction of a 17 lot single family homes, a roadway, stormwater management structures,
associated grading and utilities.in the Conservation, Non-Disturbance and Non-Discharge
Zone. A Watershed Special Permit for the pool is being issued in addition to the Watershed
Special Permit previously issued for the house construction permitted under the Subdivision
Watershed Special Permit.
FINDINGS OF FACT:
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. 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) The proposed structures will be connected to the Town sewer system;
b) A covenant will be placed in the deed restricting and limiting the types of
fertilizers that can be used on the site.
c) The filtration system being proposed for the pool includes a "Pentair" FNS
Diatomaceous Earth Filter with strainer and in-line disinfector, "Vision Nature
2" passive ionizer to reduce chlorine usage by 75%,(reduces PPM from 2.0 ppm
to 0.5 ppm), supplemented by a "Andrews Advantage" In-floor Circulation and
Cleaning system which provides reductions in energy and chemicals of an
additional 40%. The filtration system will be accompanied by a Separation Tank,
which allows clearing of debris and diatomaceous earth while returning the
discharge water directly back into the pool, elimipating external back-flushing
discharge. Use of this particular type of filtration system, or its equal or better
will be placed in the deed.
d) The topography of the site will not be.altered substantially.
e) The limit of clearing is restricted to the minimum necessary to
construct/renovate the structure and appurtenances;
f) This decision is being issued in addition to the decision issued on December 27,
2002 for construction of the house. All'conditions required in that decision must
be adhered too in addition to the conditions required under this permit.
2. There is no reasonable alternative location outside the Non-Discharge Buffer.Zone,
for any discharge,structure or activity, associated with the proposed project.
3. 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
storm water and erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the use is accessory to an
existing:,single family; :
c) There will be no nuisance or senoulhazard to vehicles or pedestrians;
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 the following conditions:
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) 'Town of North Andover Planning Board Application for Watershed Special Permit
filed by Thomas Zahoruiko on March 5, 2004; „-
b) Plans entitled. . . > ...
Pool..Layout;Plan; Sheet 1, Terrace Details, Sheet 2, Project: Zahoruiko
Residence,North Andover, Massachusetts;prepared by Huntress Associates,
Inc., Landscape Architecture & Land Planning, 17 Tewksbury;.Street,
Andover,. Massachusetts : 01810, dated,. 3/2/04; stamped by: :;Frank C.
Monteiro,P.E: and Christian Huntress,Registered Landscape Architect. '
be accompanied by a Separation Tank, which allows clearing of debris and
diatomaceous earth while returning the discharge water directly back into the pool,
eliminating external back-flushing discharge. This filtration system must be
incorporated into the deed as a restriction and use of this system or its equal or
better must be used in perpetuity on the site. Changes of the type of pool
filtration system used must be reviewed and approved by the North Andover
Planning Board. Failure to comply with this condition will result in revocation of
the Special Permit,
4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) Foundation Plan; Immediately upon completion of the pool 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 and watershed buffer
zones as shown on the approved Watershed Site 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.
5) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND:
a) The applicant shall submit an as-built plan stamped by a Registered Professional
Engineer or Land Surveyor in Massachusetts that shows all construction, limits of
disturbance, existing topography, storm water mitigation structures and other
pertinent site features. This as-built plan shall be submitted Zo the Town Planner and
the Department of Public Works for approval. The applicant must submit a written
stamped and signed, certification letter from the design engineer that the site was
constructed as shown on the approved plan. Any and all changes from the original
plans must be clearly identified in the letter.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
6) In no instance shall the applicant's proposed construction be allowed to further impact
the site than as proposed on the plan referenced in Condition# 1.
7) No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
9) 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.
10) This Special Permit approval shall be deemed to have lapsed April 20, 2006 (two
years from the date of issuance) exclusive of the time required to pursue or a-wait
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
cc: Applicant
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