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HomeMy WebLinkAboutDecision - 465 GREAT POND ROAD 8/19/1998 Town of North Andover r1ORTM OFFICE OF �� •��o COMMUNITY ITY DE LOP ENT AND SERVICES 30 School Street WII,LIAM J.SCOTT North Andover,Massachusetts 01845 Director NOTICE F DECISION c a Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Date Auguyt 19, 1998 Date of Hearing 4/21/98, 5/19/98, 6/16/98, 7/7/98,8/18/98 Petition of Marie O'Laughlin Premises affected 465 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 abtain approval to construct 4 dwellings, driveways, yards within I the non-discharge zone of a wetland resource area in the watershed. To install wi in e non- is urbance zones; to regrade soil (vegetation removal) to create ards (1 is 4&5) within the non-disturt After a public hearing given on the above date, the Panning Board zones. voted to APPROVE the WATERSHED SPECIAL PERMIT based upon the following conditions: Signed , 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 Towns Outside Consultant File Planning Board Interested Parties CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDINGOFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET Town of North Andover E NORTH 1 OFFICE OF 3�Ot",to e410 COMMUNITY DEVELOPMENT AND SERVICES A 384 Osgood Street "� 9 < W North Andover,Massachusetts 01845 II LIAM J.SCOTT 1,9SSgc,HUSEt�y Director August 19, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit-465 Great Pond Road Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening April 21, 1998 at 7:30 p.m. in the Department of Public Works, upon the application of Marie W. Loughlin, 465 Great Pond Road, North Andover, MA 01845 requesting a special permit under Section 4.136 watershed protection district of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on April 1 & April 8, 1998 and all parties of interest were duly notified. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph V. Mahoney, and Alberto Angles, Associate Member. The petitioner was requesting a special permit to obtain approval to construct 4 dwellings, driveways, yards within the non-discharge zone of a wetland resource area in the watershed; To install stormwater ponds and appurtances and to do regrading (vegetation removal) within the non-disturbance and non-discharge zones; to regrade soil (vegetation removal) to create yards (lots 4 & 5) within the non-disturbance zones. The premises affected is land numbered 465 Great Pond Road in the Residential - 1 (R-1) Zoning District and the Watershed Protection District. The North Andover Planning Board held a regular meeting on May 19, 1998. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph V. Mahoney & Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also present. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 The North Andover Planning Board held a regular meeting on May 19, 1998. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph Mahoney, John Simons & Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. The Board discussed these Public Hearings together as they concern the same property. John Morin of Neve Associates was present to represent Country Club Estates and 465 Great Pond Road. Mr. Morin stated that the applicant does want to go forward with the proposed 4 lots. Mr. Morin stated that he has responded to 15 of the 21 comments by Mr. Chessia. Mr. Morin stated that one of the issues was the traffic and they are waiting for a response from Dermit Kelley, traffic engineer. Mr. Rowen asked how long the road is. Mr. Morin stated that the road is 750' long. Mr. Morin stated that a 22' wide road is required because they are in the watershed. Mr. Mahoney asked if Mr. Chessia has seen the drainage plans. Mr. Morin stated yes, but he has to go over a couple of comments. Mr. Rowen stated that at the last meeting the applicant stated that they were taking drainage from Great Pond Road and treating it. Mr. Morin stated that they were. Mr. Nardella asked where the catch basins were. Mr. Morin went over the location of the catch basins on the plan with the Board. Mr. Rowen stated that he wants Mr. Morin to make it clear to the applicant that the Board is not in favor of 4 lots. Ms. Colwell stated that she needed to know whether the Board wants the island or not. The Board agreed that they would like to see the island. Ms. Lescarbeau stated that the island could be deeded to the homeowners. She will forward a sample deed to the Planning Department. Continued until June 16, 1998. The North Andover Planning Board held a regular meeting on June 16, 1998. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph Mahoney, John Simons, Alberto Angles, Associate Member & Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. The applicants requested a continuance until July 7, 1998. The North Andover Planning Board held a regular meeting on July 7, 1998. The following members were present: Richard Rowen, Chairman, Joseph Mahoney, John Simons, & Alberto Angles, Associate Member . Kathleen Bradley Colwell, Town Planner was also present. The applicants requested a continuance until July 21, 1998. The North Andover Planning Board held a regular meeting on July 21, 1998. The following members were present: Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Richard Nardella & Alberto Angles, Associate Member . Kathleen Bradley Colwell, Town Planner was also present. Tom Neve of Neve Associates was present to represent Country Club Estates & 465 Great Pond Estates. Ms. Colwell stated that the Board needs an extension to issue a decision. Mr. Neve stated that he did not want to put any drainage on Great Pond Road. Mr. Chessia stated that he would like them to do a test pit. Mr. Neve stated that they did do permeability tests and they are at the lab and are waiting for results. Mr. Chessia stated that we don't want the water to stay there. Jim Rand of D.P.W stated that the 22' pavement with an island will be a problem and D.P.W. would like all catch basins within the pavement. Mr. Neve stated that they would like to have an island and will take any comments from D.P.W. and Planning. Dermit Kelly of DJK Associates stated that the speed limit changes frequently through the area. Mr. Kelly went over the traffic study with the Board. Mr. Kelly stated that they would like to place extra speed limit signs in the area. Mr. Neve stated that they need to cut back some brush at the entrance of the road to see better. Ms. Lescarbeau asked if that is the applicants property. Mr. Neve stated yes. Mr. Simons stated that it is in the right of way and that is the Town's property. Paul Hajec of Hajec Associates stated that Dermit Kelly pretty much summed it up but, in his opinion would like to change the location of the entrance of the road. Mr. Neve stated that we can't with respects to drainage. Mr. Simons asked where the closest impact on the watershed is. Mr. Neve stated it is about 150'. Mr. Neve stated that he would like to close the Public Hearing and accept an extension until August 31, 1998. On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing and except an extension until August 31, 1998. The North Andover Planning Board held a regular meeting on August 18, 1998. The following members were present: Richard S. Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Joseph Mahoney, Richard Nardella& Alberto Angles, Associate Member . Kathleen Bradley Colwell, Town Planner was also present. On motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to approve the watershed special permit decision for 465 Great Pond Road as amended. Attached are the conditions. Sincerely, i J Richard S. Rowen, Chairman North Andover Planning Board 465 Great Pond Road (Country Club Estates) Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Marie W. Loughlin, 465 Great Pond Road, North Andover, dated March 18, 1998, requesting a Special Permit under Section 4.136 of the Zoning By-Law of the North Andover Zoning Bylaw to allow activities which cause a change in topography and grade, vegetation removal, and surface and subsurface discharge of storm water runoff within the Non-Disturbance Zone and surface and sub-surface discharge of stormwater within the Non-Discharge Zone of the Watershed Protection District. 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) All of the homes will be connected to the Town sewer system; b) Best Management Practices will be implemented; c) No grading will occur within the 100' buffer zone; d) No permanent structures will be built within the 150'non-disturbance zone; e) Storm water from driveways and dwellings are proposed to be captured and culverted to storm water management ponds. 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 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 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; 1 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. 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) Plans entitled: Definitive Subdivision Plan of Country Club Estates Designed for: Marie W.Loughlin 465 Great Pond Road North Andover,MA 01845 Design Engineer: Thomas E.Neve Associates,Inc. 447 Old Boston Road Topsfield,MA 01983 Dated: 3/6/98 Sheets: 1 through 5 b) Report entitled: "Hydrologic Analysis of Country Club Estates" prepared by Thomas E.Neve Associates,Inc., dated March 6, 1998 C) 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) Plan to be revised to show limit of work line on all lots and add erosion control as necessary on Lot 4. b) House on lot 4 to be rotated away from 150' line as much a minimum of 10"to allow for construction of the home without disturbing the non-disturbance buffer zone. c) The limit of clearing line on each lot must be marked in the field with yellow caution tape and must be reviewed and approved by the Town Planner. d) 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 2 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. e) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. fj 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. Foundation Plan: Immediately upon completion of the dwelling foundation and prior to hither construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R..P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas as shown on the approved Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 4. Prior to release of the Performance Bond: a) The applicant shall submit a certified copy of an as-built plan that shows all construction, including topography, 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. 5. Lawn Care: No pesticides, fertilizers, or chemicals shall be used in lawn care or maintenance. This restriction shall apply and be binding on all current and future owners, their heirs, administrators, successors and assigns, and shall be incorporated within all subsequent deeds to the premises. 6. Any stockpiles of earth must be covered with a tarp and contained by hay bales and silt fence if the piles are to remain on the site for longer than two weeks. 7. 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. 8. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 3 9. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10. 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. 11. p rmit shall be deemed to have lapsed after a two-(2) year period from the date on which the Special Permit was granted unless substantial use or construction has ommenced. cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File Country Club-Watershed 4