HomeMy WebLinkAboutDecision - 1915 GREAT POND ROAD 5/15/2006 f �yORTI{_q
Town of North .Andover
0
Office of the Planning DepartmeqtFCEIVED
Community Development and ServiJ09,'
Og1iE0.PRA.�J
9ss�ct+us� Osgood Landing 2006 MAY ( � � i
1600 Osgood Street
Building#20,Suite 2-36 "10 s_,f 0,
Lincoln Daley , „��1 tit-
North Andover,Massachusetts 01845 €lDIDA!E';;
Town Planner l�Q�'i 4� ��a9�d� t °E
P(978)688-9535 I° ASSAGG"�" i
F(978)688-9542 RECEIVED
JUN 19 2006
NOTICE OF DECISION NORTH AM)OVER
PLANNING DEPARTMENT
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: May 15,2006
Date of Hearing: March 7,thru
May 2,2006. -
Date of Decision: May 2,2006
Petition of Great Pond Realty Trust,40 Lowell Street,Peabody,MA 01960. -
Premises Affected: Lot 1 Great Pond Road, North Andover, MA. Assessors Map 35;-
Parcel 108, located in the R-1 Zoning Districts
Referring to the above petition for a Watershed Special Permit from the requirements of the
North Andover Zoning Bylaw, Section 4.136 of the Watershed Protection District.
So as to allow: the construction of a 4,637 square foot single-family residence, in ground
swimming pool, and drainage devices within the Non-Disturbance Zone of the Watershed
Protection District.
After a public hearing given on the above date, the Planning Board voted to approve a
Special Permit for the Watershed Protection District, based upon the following
conditions:
Lincoln Daley, Town Planner
Richard Nardella,Chairman
John Simons,Vice Chairman
Alberto Angles
Jack Green ATFI%4 ST:
Richard Rowen,acting Clerk .;\ 'Prue Copy
cc: All Town Departments 'I'Ow n Clerk
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
04-N/ V 'h'.'4j'1j
Special Permit-Watershed Protection District
Lot 1 Great Pond Road
Map 35,Parcel 108
The Planning Board makes the following findings regarding the application of Great Pond
Realty Trust, 40 Lowell Street, Peabody, MA filed on February 3, 2006. The project site
is located at Lot 1, Great Pond Road, Assessors Map 35, Parcel 108 in the R-1 Zoning
District. The parcel consists of approximately 1.054 acres (45,894 sf) with 150' of
frontage on the Northeast side of Great Pond Road. The parcel was created in 1985 and
is subject to the Watershed Protection District provision for lot created before October
24, 1994. The applicant is requesting a Watershed Special Permit for the construction of a
4,637 single-family residence, in ground swimming pool, and drainage devices located
within the Non-Disturbance Zone of the Watershed Protection District. Public hearings were
held on March 7, 2006,March 21, 2006, and April 18, 2006.
APPENDIX A
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:
FINDINGS OF FACT:
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 is a non-backwash type cartridge
system and the pool water sanitation system is a chemically free design that treats
pool water with a dual purification system using ionization and ozonation. Use of
this particular type of filtration system 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;
2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone, for
any discharge, structure or activity,associated with the proposed project.
3. On March 14, 2006, the applicant received a Variance from Section 4, Paragraph
2
4.136.3.c.ii.3 to allow for a new permanent structure, a single family dwelling and pool,
within the Non-disturbance Buffer Zone of the Watershed Protect District, and
dimensional Variances from Section 7, Paragraphs 7.1 & 7.2, and Table 2 of the Zoning
Bylaw for relief of 41,226 square feet lot area and 25 feet of street frontage in order to
build a single-family dwelling. As part of the conditions of both variances, the
following conditions shall apply:
1. The applicant shall provide an evergreen screen of 13 spruce and/or hemlock trees,
6' to 8'in height, spaced 10' maximum on center along the west side lot line.
2. The applicant shall provide at least 15 deciduous and 15 evergreen trees to replace
trees removed for site work between the proposed house and Great Pond Road.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board
makes the following Findings of Fact:
1. 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;
2. The use will not adversely affect the neighborhood as the use is a single-family dwelling
and accessory structure;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed
use;
5. 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. 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. A performance guarantee of two thousand dollars ($2,000) in the form of a check
made out to the Town of North Andover must be posted to insure that construction
will take place in accordance with the plans and the conditions of this decision and
tv ensure ivat tiie as-b- pians w-iii be Submitted.
b. The limit of work as shown on the plan by the erosion control line must be marked
in the field and must be reviewed and approved by the Town Planner and
Conservation Department.
c. All erosion control measures as shown on the plan must be in place and reviewed by
3
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 May 2, 2008 (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 period. Substantial use or construction will be determined by a
majority vote of the Planning Board.
11. 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 Great Pond Realty Trust/John R Keilty,Trustee.
b. Plan titled: Site Plan
Lot 1 Great Pond Road
North Andover,MA
Prepared for: Great Pond Realty Trust/John R. Keilty,Trustee
Prepared by: New England Engineering Services
60 Beechwood Drive
North Andover,MA 01845
Scale: 1"=20'
Date: December 22,2005
Sheets: 1 -3
cc: Applicant
File
5
C
Great Pond Dead Realty Trust
Lot 1 Great Pond Road
Assessors Map 35, Parcel 108
North Andover, MA 01845
Deed Restriction
The undersigned, Joseph M. Pelich, Trustee of Great Pond Re&d Realty Trust,
under Declaration of Trust dated April 18, 2002, recorded at Book 6783, Page 338
(the "Trust"), does hereby certify as follows:
1. That he has been appointed as an additional Trustee of the Trust, that said
appointment was made by all of the Beneficiaries of the Trust, and that by
his signature below he accepts such appointment.
2. Reference is made to land owned by Great Pond PeaM Realty Trust, under
Declaration of Trust dated April 18, 2002, being identified as Assessors
Map 35, Parcel 108, known as Lot 1 Great Pond Road, and more
Particularly described in deed recorded at Book 6783, Page 641 (thee_
"Land").
3. On May 2, 2006, the North Andover Planning Board approved the :
Application of Great Pond Road Realty Trust for a Watershed Special
Permit to allow for the construction of a 4,637 square foot single family
residence, in ground swimming pool, and drainage devices within the Non-
Disturbance Zone of the Watershed Protection District, all as further set CD
forth in the said Application. N
C
4. A copy of the Decision of the North Andover Planning Department with ``'
respect to said matter is recorded herewith. `il
5. On page 3 of said decision there are listed conditions to said Watershed
Special Permit, identified in said Permit as Special Conditions. One of said
conditions is set forth under item 3, "Prior to the Issuance of a Building
Permit." Sub-item c. of item 3 on page 4 is as follows:
"No pesticides, fertilizers or chemicals shall be used in lawn care or
maintenance within 325' of Lake Cochichewick or within 325' of
wetland resource areas. The applicant shall incorporate this condition
as a deed restriction, and a copy of the recorded deed shall be
submitted to the Town Planner and included in the file."
�k �{ SKot,* C � �ti
6. The owner of the Land hereby incorporates all references to pesticides,
fertilizers or chemicals contained in the approved Watershed Special Permit
as a deed restriction to the above-referenced deed.
7. The owner and successors in title shall forever adhere to the conditions set
forth in the Decision of the North Andover Planning Department, item 3.c,
as filed with said Planning Board.
8. Said condition shall run with the Land and may not be waived, altered or
changed in any respect without the specific prior written consent of the
North Andover Planning Board.
This Deed Restriction is dated the 16th day of June, 2006, by a duly authorized
representative of Great Pond Road Realty Trust.
Great Pond RBI Realty Trust
J se h M. Pelich, Trustee
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss
On this 16th day of June, 2006, before me, the undersigned notary public,
personally appeared Joseph M. Pelich, and 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 attached document, and acknowledged to
me that he signed it voluntarily for its stated purpose, as Trustee of Great Pond
Road Realty Trust.
t
Notary Publi
My Commission xpires:
BRIAN G.VAUGHAN
Notary public
WCommonwealth oFMassachusetts
My Commission Expires
July 7,2011