HomeMy WebLinkAboutDecision - 254 GREAT POND ROAD 12/21/2010 lam• '
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DESCRIBE
ESSEX NORTH REGISTRY OF DEEDS
Robert F. Kelley, Register
354 Merrimack St. Suite 304
Lawrence, MA 01843
(978) 683-2745
www.lawrencedeeds.com
Bk 12457 Pg80 #8238
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"° '•"" Town of North Andov
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Office of the Planning Depar ent
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North Andover,Massachusetts 01845
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: December 21,2010
Date of Hearings:December 14,2010,
December2l,2010
Date of Decision: December 21,2010
Potation on Nancy Leland,254 Great Pond Road,North Andover,MA 01845
Premises Affected: 254 Great Pond Rd,North Andover,Massachusetts,01845,
Assessor's Map.37A, Parcel 6-2 and located in the Residential 1 Zoning
District.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
ZoningBylaw,Sections 4.136.3.bii.(i),4.136.3.c.ii and 10.3.
So as to allow the construction of a new, single family residence within the non-discharge zone, with
accessory structures within the non-disturbance zone and to remove an existing tennis court within the
non-disturbance zone of the Watershed Protection District.
After a Public Hearing given on the above date,and upon a motion by R.Rowen and 2°d by C.LaVolpicelo
to APPROVE the Special Permit for the Watershed Protection District,-as amended and based upon the
following conditions.Vote was unanimous in favor of the application.
aniug Board
ohm Simons,Chairman
Richard Rowen
Timothy Seibert
Michael Colantoni
Courtney LaVolpicelo
This Is to comfy that Wmnty(20)aeyb
have elapsed from ddte of it *1M,flied
without 6�inp of an a sal.
ATTEOT;
Joyce A. re4shaw A True Copy
Town Clerk imp
Town Clerk
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Bk 12457 Pg81 #8238
254 Great Pond Road Map 37A,Parcel 6-2
Watershed Special Permit—Construct Single-Family Residence
December 21,2010
The Public Hearing on the above referenced application was opened on December 14,2010 closed by the
North Andover Planning Board on December 21,2010.
On December 21,2010,upon a motion made by R.Rowen and seconded by C.LaVolpicelo to GRANT a
Watershed Special Permit to construct a 2,793 sq. ft. single-family residence with accessory structures,
remove an existing tennis court, and install a stormwater management system, and related grading and
landscape work within the 150 foot Non-Disturbance (from the edge of all wetlands resources) and 400
foot Non-Discharge Buffer Zones(from the edge of all wetlands resources)of the Watershed Protection
District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This
Special Permit was requested by Nancy Leland, 254 Great Pond Road, North Andover, MA 01845 on
November 8,2010. The applicant submitted a complete application,which was noticed and reviewed in
accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MOL Chapter 40A,
Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL
CONDITIONS set forth in Appendix A to this decision.
'The Planning Board vote was unanimous. A special permit issued by the special permit granting
authority requires a vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right,under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk
In accordance with 4.136 the Planning Board makes the Ending that the intent of the Bylaw, as well as its
specific criteria are met. This decision specifically stated by the Planning Board makes the following
FINDWGS OF FACT:
1) That as a result of the proposed construction,there will not be any significant degradation of the quality
or quantity of water in or entering bake Cochichewick. The proposed project will have the effect of
improving the site in terms of stormwater management; as demonstrated by the implementing Best
Management Practices as shown below. Based on these improvements,the Board has determined that
the,site will be improved and that the quality of water runoff will be improved.The Planning Board bases
this finding on the following facts:
a) The project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. The final design results in a decrease in impervious area and the
implementation of Best Management Practices that reflect extensive discussions between the
Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and
welfare of the residents of North Andover.
b) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston,and with the application of the erosion control measures and modifications to the drainage
and stormwater management designs, the consultant concluded that there will not be significant
degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage
system and storm water management design,are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices, and has been reviewed by the
outside consulting engineer,Lisa Eggleston. See letters from L. Eggleston dated November 22,
2010 and a response from Christiansen & Sergi,'Inc. dated December 6, 2010. The applicant
addressed all of the concerns and issues stated in the stormwater review and revised the plan as
follows:
Bk 12457 Pg82 #8238
254 Great Pond Road Map 37A,Parcel 6-2
Watershed Special Permit--Construct Single-Family Residenco
December 21,2010
i) The project calls for a removal of an existing tennis court, resulting in a reduction of
impervious area from 7,700 to 6,311: a net reduction of 1,389, which will result in an
improvement of water quality entering the bake.All new impervious area will be constructed
entirely within the non-discharge zone. There will be a new lawn area and gardens located in
the non-disturbance zone.
At the request of the town's consultant, the applicant added 4 roof infiltration structures to
capture all roofrunofffrom the new structure.
iii) The applicant has indicated on the plan the`proposed sedimentation and control and limit of
work", all of which will be Iocated outside of the 100 ft. buffer to the nearby wetlands and
within the non-disturbance zone.
iv) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be noted on the deed.
V) The implementation of the above Best Management Practices will result in an improvement to
the overall water quality of the Lake.
c) The proposed structure will be connected to the Town sewer and water systems.
d) The applicant has provided a complete construction sequence and has noted on the plan the location
for de-watering as well as the soil stockpile area.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
followingMD]NGS OF FACT:
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 lot is located in a Residential 1 Zoning
District;
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) Tile 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 fmdings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1)Permit Definitions:
a) The"LOCUS"refers to the 186,370 sq.ft.parcel of land with frontage on Great Pond Road as
Shown on Assessors Map 37_A,,Parcel 6-2,and also known as 254 Great Pond Road,North
Andover,Massachusetts.
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Bk 12457 Pg83 #8238
254 Great Pond Road Map 37A,Parcel 6-2
Watershed Special Permit—Construct Single-Family Residence
December 21,2010
b) The"Plans"refer to the plans prepared by Christiansen&Sergi,Inc,,dated November 3, 2010
and revised to December 12,2010,entitled"Watershed Special Permit Site Plan for 254 Great
Pond Road,located in North Andover,MA,prepared for Nancy Leland".
c) The"Project"or"254 Great Pond Road"refers to the construction of a 2,793 sq.ft.single family
residence with accessory structures,the removal of an existing tennis court,installation of
stormwater management system,and related grading and landscape work within the 150 foot Non-
Disturbance(from the edge of all wetlands resources)and 400 foot Non-Discbarge Buffer Zones
(from the edge of all wetlands resources)of the Watershed Protection District.
d) The"Applicant"refers to Nancy Leland,the applicant for the Special Permit.
e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant,developer,and owner.
2) 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.
3) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free.
This restriction will be noted on the deed. '
4) Prior to any work performed on the site and prior to the issuance of a building permit:
a) A pmformance guarantee bond of four thousand dollars($4,000.00)made out to the Town of North
Andover must be posted to insure that the construction,erosion control,measures,and performance
of any other condition contained herein 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town
PIanner and Conservation Department.
c) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-
free. 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.
5) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and other
pertinent site features. 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,
b) The)Planning Board must by a majority vote make a finding that the site is in conformance with'the
approved plan.
6) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
7) The Contractor shall contactDig Safe at least 72 hours prior to commencing excavation.
a
Bk 12457 Pg84 #8238
254 Great Pond Road Map 37A,Parcel 6-2
Watershed Special Permit--Construct Single-Family Residence
December 21,2010
8) 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.
9) This Special Permit approval shall be deemed to have lapsed December 21,2012(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.
10)This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Watershed Special Permit Site Plan for
254 Great Pond Road,North Andover,Mass.
Prepared for: Nancy Leland
254 Great Pond Road
North Andover,MA 01845
Prepared by: Christiansen&Sergi,Inc.
160 Summer Street
Haverhill,MA 01830
Scale: 1"=20'
Date. November 3,2010 and revised December 12,2010.
Sheets: 1
cc: Town Engineer ,
Building Inspector
Conservation Administrator
John Carney,NAPD
Fred McCarthy,NAFD
Applicant
Engineer
_ Assessor's Office
File
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