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HomeMy WebLinkAboutDecision - 326 GREAT POND ROAD 6/23/1999 Town of North Andowr-;,,,'.,,, NORTH 01 .1 OFFICE OF JOYCE Ni1 Ji " 4, " 't 004 0 COMMUNITY DEVELOPMENT`4K�tOWES 27 Charles Street P 9J o'41- ,) North Andover, Massachuser�oa4 10 is WILLIAM J. SCOTT HU5 Director (978)688-9531 NOTICE OF DECISION Fax (978)688-9542 Any appeal shall be filed within (20) days after the date of filing this Notice in the Office of the Town Clerk. Date June 23, 1999 Date of Bearing May 18, 1999, Jung-1,-1999, June 21, 1999 Petition of Mark MacLennan Premises affected 326 Great Pond Road Referring to the above petition for a special permit from the requirements of the NOrth Andover Zoning Bylaw Section 4.136 so as to allow to construct a pool, pool house and decking area within the non-discharge zone After a public hearing given on the above date, the Planning Board voted to APPROVE the WATERSHED SPECIAL PERMIT based upon the following conditions- Signed CC: Director of Public Works Richard S.Rowen, Chairman Building Inspector Conservation Departmeat Alison Lescarbeau,Vice Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney Towns Outside Consultant File Planning Board Interested Parties BOARD OF APPEALS 638-9541 BUILDDIG 683-9545 CONSERVATION 683-9530 HEALTH 632-9540 PLA-,1Ni1NG7 688-9535 326 Great Pond Road Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Mark, MacLennan, 326 Great Pond Road, North Andover, MA 01845, dated April 20, 1999, requesting a Special Permit under Section 4.136 of the Zoning by-law to allow surface and sub-surface discharge of storm water within the Non-Discharge Zone of the Watershed Protection District in conjunction with the construction of a proposed pool, deck and pool house. FINDINGS OF FACT: In accordance with 4.136(4) 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 pool filtration method does not require the discharge of any wastewater. 0 b) All work on the lot will be conducted outside of the 250' Non-Disturbance Zone, with the exception of the proposed fence which will not be located in the Conservation Zone. c) The impervious surface'added by this project is less than 5500 SF. d) The proposed site is on Town sewer. 2) That there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed project as the access to the lot is located within the Non-Discharge Zone. 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. Erosion control shall be installed along the back perimeter of the fence; C. The use will not adversely affect the neighborhood as the lot is located in a residential zon e D. There will be no nuisance or serious hazard to vehicles or pedestrians; 1 i E. Adequate and appropriate facilities are provided for the proper operation of the proposed use; F. The Planning Board also makes a specific finding that the use is in haimony 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) Plan titled: Plan of Land Location : North Andover, MA Prepared For: Mark A. &Wendy W.MacLennan Scale: 1"=40' Date: 4/19/99 Prepared by: Scott L. Giles, R.P.L.S. Frank S. Giles North Andover, MA 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 (52000) dollars 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) Erosion control measures as required must be in place and reviewed by the Town Planner. c) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features as shown on the )I approved plan. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. U) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) 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. 5) No pesticides, fertilizers, or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Planning Board and included in the file. 6) No back washing of the pool shall be allowed. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Planning Board and included in the file. 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 ermit shall be deemed to have lapsed after a two- (2) year period from the date 1 on which the Special Permit was granted unless substantial use or construction has o enced. cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 326 Great Pond Road -Watershed 3