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HomeMy WebLinkAboutDecision - 386 GREAT POND ROAD 8/12/1997 Town of North Andover 'RELEI Myk`,)= OFFICE OF 'TOWN 'QLE`P,'K 3? y`'«•° ,� 0 COMMUNITY DEVELOPMENT AND Su t eANOTYV R 30 School Street Am 12 wII LIAM J. SCOTT North Andover, Massachusetts 01845 �'�s SACHUS Director NOTICE OF DECISION 5 �1 Any appeal shall be filled p l� within (20) days after the ` date of filling this Notice in the Office of the Town Clerk. Date' August 12, 1997 Date of Hearing June 24. y 19, August 5,1 Petition of 386 Great Pond Road Dp Premises affected 386 Great Pond Road in the Residential - 1 Zoning District Referring to the above petition for a special permit from the requirements of the North Andover Zoning By-Law Section 4.136 Paragraph 3 (b) (ii) Watershed special Permit so as to allow for a two story addition to an existing home After a public hearing given on the above date, the Planning Board Special Permit voted t0 Approve the p based upon the following conditions: Sin `\1 _ 1, Signed I ( . L L l l �l 2 CC: Director of Public Works Richard S.Rowen Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney File Interested Parties Planning Board CONSERVATION 688-9530 HEALTH 688-9540 PI,A.NNMG 688-9535 r0 fY n O North Andove r f r1ORT�y OFFICE OF ��O et" COMMUNITY DEVELOPMENT AND SERVICES 30 School Street ° ^ " North Andover Massachusetts 01845 '� °°�•r,o %"'`cy WILLIAM J. SCOTT 9SSACHUS�� Director August 12, 1997 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit-386 Great Pond Road Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening June 24, 1997 at 7:30 p.m. in the Department of Public Works, upon the application of 386 Great Pond Road, North Andover, Ma 01845 requesting a special permit under Section 4.136 Paragraph 3 (b) (ii) Watershed Protection District of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on May 28 and June 4, 1997 and all parties of interest were duly notified. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk Alberto Angles, Associate Member, Joseph V. Mahoney and Richard Nardella. The petitioner was requesting a special permit to allow for a 2 story addition to an existing home. The premises affected is land numbered 386 Great Pond Road in the Residential - 1 (R-1) Zoning District and the Watershed Protection District. John Simons read the legal notice to open the Public Hearing. Steve Stapinski of Merrimack Engineering and Kurt Young of Wetlands Preservation were present to represent 386 Great Pond Road. The applicant is looking to put a 2 story addition onto their existing home. The house is located entirely within the non disturbance zone of Lake Cochichewick as defined in section 4.136. Mr. Stapinski showed the Board the plans on the expanding of the driveway with a garage and with a room above the garage. The house is presently serviced with septic and the applicant is looking to tie into town sewer. Mr. Stapinski stated that they are proposing to infiltrate the roof drainage. Kurt Young stated that there is very good soil. Mr. Young stated that erosion control is not a primary issue. They will be also bringing gas onto our property. CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Mr. Mahoney asked if they have a number of the nutrients that are now going into the lake. Mr. Young stated that they did not. Mr. Ely, the applicant stated that they went before ConCom for the wetlands and are presently before the Zoning Board of Appeals. Mr. Rowen asked if they are decreasing or increasing the lawn. Mr. Ely stated that they decreasing the lawn size because of the garage. Mr. Rowen suggested that they put curbing at the turn around and at the lower end of the property. Mr. Young said that he did not see the need. Mr. Stapinski went over comments that Mr. Chessia made in his letter. Albert Movsesian of 369 Great Pond Road, stated that he is in favor of this and thinks it will be a great improvement to the town. Continued until July 15, 1997. The North Andover Planning Board held a meeting on July 15, 1997 and the following members were present: Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Alberto Angles, Associate Member, Joseph V. Mahoney and Richard Nardella. Kurt Young, of Wetlands Preservation, and Doug Ely, owner, were present to represent 386 Great Pond Road. Mr. Young stated that ZBA granted them a variance. Mr. Young stated that they have answered most of Mr. Chessia's comments. Mr. Young stated that they are planning to put the sewer pump in the backyard underneath a 9' high deck. Mr. Nardella asked what the increase of the floor area is. Mr. Young stated that it 40% increase of floor area but, 90% floor increase with the garage. Mr. Nardella asked about the maintenance of the pit. Mr. Young stated that all of the runoff is clean therefore, there would no need for maintenance. Mr. Angles stated that he thought at the last meeting the Board requested them to reduce the size of the driveway. Mr. Ely stated that they are planning to take a portion of the bituminous and make it a garden or a play area for the children. Mr. Scott stated that the alarm for the pump station should be put in the decision. On a motion by Mr. Nardella, seconded by Mr. Mahoney the board voted unanimously to close the Public Hearing and direct staff to draft a decision. The North Andover Planning Board held a meeting on August 5, 1997 and the following members were present: Richard S. Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Alberto Angles, Associate Member and Joseph V. Mahoney. Mr. Scott had a draft decision prepared for the Board to review. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Planning Board voted unanimously to approve the draft decision as amended. Attached are the conditions. Sincerely, Richard S. Rowen, Chairman North Andover Planning Board 386 Great Pond Road Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Douglas J. Ely, 386 Great Pond Road, North Andover, MA 01845, dated May 19, 1997, requesting a Special Permit under Section 4.136 of the Zoning By-Law of the North Andover Zoning Bylaw to allow the expansion of a single family home and appurtenances which will cause surface and sub-surface ` discharge of stormwater within the Non-Discharge Zone of the Watershed Protection. 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 home will be connected to the Town sewer system; b) storm water mitigation will be constructed along the edge of the driveway and from the residential structure for the existing and proposed sections to catch and treat all storm water drainage; c) the limit of clearing is restricted to the minimum necessary to construct the structure and appurtenances ; d) a construction phasing plan and emergency response plan are required. 2. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed driveway construction as the access to the lot is located within the Non-Disturbance and 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 stormwater and erosion controls have been placed on the site; B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard 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. 1 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: Topographic Plan of Land in North Andover, Mass. Prepared for: Dougals Ely and Judith Zazula Scale: 1"=40' Date: April 24, 1997, rev. June 23, 1997 and July 3, 1997 Prepared by: Merrimack Engineering Services 66 Park Street Andover,Mass. 01810 b) Report from : Merrimack Engineering Services Dated: July 3, 1997 Report from : Wetlands Preservation Inc. Dated: April 18, 1997 Report from : Douglas Ely and Judith Zazula Dated: May 17, 1997 Any changes made to these plans shall be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 0111�Prior to any work on site: Soil testing must be performed at the location of each proposed storm water mitigation trenches. Testing must be performed by a certified soil evaluator and witnessed by an agent of the town. A two foot separation between the bottom of the facility and maximum ground water elevations must be provided. A performance guarantee of five thousand ($5,000) 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. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) 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. 2 a) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. 2. Prior to verification of a Certificate of Occupancy: a) 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. 3. Prior to release of the Performance Bond: a) The applicant shall submit a certified copy of an as-built plan which shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer in Massachusetts. b) 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 open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7 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. 8. Thi permit shall be deemed to have lapsed after a two (2) year period from the date S on which the Special Permit was granted unless substantial use or construction has co enced. cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 386 Great Pond Road-Watershed 3