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HomeMy WebLinkAboutDecision - 1915 GREAT POND ROAD 5/15/2006 (2) NORTH{ I .. ,I Town of North Andover Office of the Planning Departmel# ECEIVED Community Development and ServiJ4 fit ifi�10-7 US Osgood Landing 1600 Osgood Street 2006 MAY 16 PM 4: 17 Lincoln Daley Building#20,Suite 2-36 Town Planner North Andover, Massachusetts 01845 P(978)688-9535 NORTH F(978)688-9542 MASS CI'..— NOTICE OF DECISION 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 District. 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: oe Lincoln Daley, Town Pla'ner Richard Nardella, Chairman John Simons,Vice Chairman Alberto Angles Jack Green Richard Rowen,acting Clerk cc: All Town Departments BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 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 SM: 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 to ensure that the as-built plans will 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 the Town Planner and Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d. The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 3. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans must be delivered to the Planning Department. b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c. 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. d. The pool filtration system proposed 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. This filtration system must be incorporated into the deed 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 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 to the Town Planner and the Department of Public Works for approval. The applicant must 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. 5. 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# 11. 6. The Planning Board shall have final discretion in determining if sufficient landscape screening and buffering has been provided. 4 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 i 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 Santo and Anne Nlessina 0 Winter Street Nlap 103,Lot 120 North Andover,NIA 01845 DEED RESTRICTION 1. Reference is made to land owned by Santo and Anne Messina,described as Map 103, Lot 120 in the Office of the Board of Assessors,Town of North Andover, Massachusetts. 2. Said land("Land"),located at 0 Winter Street in said North Andover, is more particularly described in a deed dated , recorded in Essex North District Registry of Deeds at Book , Page 3. On May 17, 2005, the North Andover Planning Board unanimously approved the Application of Claude & Laura Elias for a Watershed Special Permit to allow for the construction of a 12' wide impervious 500'+ private roadway and associated stormwater management measures within the Conservation Zone, Non-Discharge Zone, and the Non-Disturbance Zone of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw 4. A copy of the Decision of the North Andover Planning Department is attached hereto. 5. One Page 3 of said decision there are listed conditions to said Watershed Special Permit, identified in said Permit on page 3 thereof as SPECIAL CONDITIONS. One of the said conditions is set forth under item 2, "Prior to the issuance of a building permit." Sub- item c. of item 2, on said page 3 is as follows: "No pesticides,fertilizers or chemicals shall be used in lawn care or maintenance. 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. " 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 2.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 THIS 9T11 OF DECEMBER 2005, BY A DULY AUTHORIZED REPRESENATIVE OF SANTO AND ANNE MESSINA. SANTO AND ANNE MESSINA BY: TINA MESSINA DULY AUTHORIZED REPRESENTATIVE COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. December 9, 2005 Then personally appeared the above-named Tina Messina,duly authorized representative, and acknowledged this instrument to be free act and deed of Santo and Anne Messina,before me. Notary Public; Comm.