HomeMy WebLinkAboutDecision - 673 GREAT POND ROAD 10/21/2008 ABOVE FOR REGISTRY OF DEEDS USE ONLY
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Essex North Registry of Deeds
.Robert F, Kelley, .Register
354 Merrimack St, Suite 304
Lawrence, MA 018.43
(978) 683-2745
® www.Iawrencedeeds.com
NORTF{ 9
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This Is to certify that twenty(20)days e"
have elapsed from date ofdeclslon,filed DMA`°`~""" ��� 2008,0CT 23 PH 1i: 02
Without filing of an a peal. 'ti,9 DR^TED aPp�gC
Date � SSAC HUSH' --
+1oy06 A Bradshaw
Town 016f ti t
ifji rs. ililu
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
Bldg. o K ZBA
NOTICE OF DECISION Con/Com Health
Fire Chief Police Chief
Any appeal shall,be filed Town Clerk DPW/Engineers
within (20)days after the Planning "Surrounding Towns"
date of filing this notice:in
the office of the Town Clerk.
Date: October 21, 2008
Date of Hearing: October 7,2008, October
21;2008
Date of Decision: October 21,2008
Petition of: Robert H.Farnum,ICB Realty Trust
673 Great Pond Road
North Andover, MA 01845
Premises Affected: 673 Croat Pond Road,North Andover,MA.,Assessors Map 63,Parcel 27.
Referring.to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Section 4.136:
Under Section 4.136.3(b)(ii)(1) of the Bylaw to permit limited activity within the Non-Discharge
Zone of the Watershed Protection District ,
So as to construct 374 sq.ft.of heated impervious surface area, including a 64 sq. ft. spa within the 325 foot
Non-Discharge Buffer Zone of the Watershed Protection District and the R-1 Zoning District.
After a public hearing given on the above date; and upon a motion by Michael Walsh and 2"d by Jennifer
Kusek to APPROVE-the Watershed Special .Permit for the Watershed Protection District Permit as
amended and based upon the following conditions.A unanimou/svote was made in favor of the application.
behalf of the N9Kh Andover Planning Board
Jennifer Kusek , Clerk
Michael-Walsh
Courtney LaVolpicelo
Timothy Seibert
The Planning Board herein APPROVES the Watershed Special Permit to construct 374 sq. ft. of heated
impervious surface area, including a 64-sq. ft. spa within the 325 foot Non-Discharge Buffer Zone of-the
Watershed Protection District. The project is located at 673 Great Pcnd.,Road, North. Andover,
.ATTEST:
.A Trite Copy-.
1 a ..
Town Clod,=
Robert H.Parnum,ICB Realty Trust,673 Great Pond Road
Map 63 Parcel 27
Watershed Special Pezmit—Construction of Spa a'o'd Patio
Massachusetts, 01845,.Map 763 Parcel 27 in the ,Residential 1 (R-1) Zoning°district and in the Non
)Discharge Buffer Zone of the 'Watershed Protection District, The parcel totals approximately•147,644 s.f.
with'frontage on Great pond Road. This Special PerMmit was requested by Robert•l-T. Famum, ICB Realty
Trust, 673 C=at Pond Road,North Andover,MA 01 545.-The application was filed-with the Planning.Board
on September 5,2008. The public"hearing'on the above referenced application was opened.on October 7,
-2008,and olosed by the North-Andover.Planning Board on October 21, 2008. The applicaut•.s4bmitted a
complete application,which was�noficed andr6iewed,in amordariee with'Section•8.3, 10.3,and 10..3I of the
Town of North Andover'Zoning Bylaw and MGL C.40A,Sec,4,
T'he Planning Board makes the following findings as required by the North Andover honing Bylaws Section 10.52;
VINDINGS-OF FACT:
J.) That as a result of the proposed construction in coni.1motion with other uses-nearby, there will not be'any
-significant degradation of the quality or quantity of'v Ater in or enfering'Lake:Cochichewick.' The Planning
Board bases this finding on tho following
The„project is Iodated Within the Non-bischarge.Zone of the Watershed Protection
District. The.final design reflects extensive discussions.betwe6.4'theTown and applicant ,
to ensure the continued protection of Lake Cochicheavick and the safety and welfare of
the residents of North Andover.
b.:..-Tb.existing structure Will be connected10 the Town sewer,and water systems.
c. The topography of the site will not be filtered substantially.
2) Adequate and appropriate,facilities will be provided 'for the proper operatfon of the proposed use. The
applicant-is proposing that the'neW spa will be conaected to the town's water system andto the existing
mechanical equipment that services the existing indoor pool, so-that there.will be no'discharge of
-cblorinated water related to the new facility.
3) The applicant hag-also provided information showing that there will be very little runoff from new .
impervious surfaces and that the runoff will•be infiltrated within the remaining lawn area.
4) There is no reasonable alternative location outside the General,Non-Disturbanep, and'the Discharge Zoned
for any discharge, structure or aotivity..ne new facility will be located adjacent to an existing.patio and
landscaped area: ' - .
In_accordance with•Section 10.31 -of the'Nortfi Andover Zoning Bylaw, the Planning Board makes the
following FJNDINdS OkFACT.-
1) The specific site is an appropriate location fdr•the proposed use as it is consistent with the existing
residential use.on the site;
2) The.use,will not adversely affect the neighborhood as the lot is located in'a Residential 1 Zoning District;
3) There will be no nuisance or serious hazard-to vehicles-or pedestrians; '
4) Adequate and-appropriate facilities are provided for-the proper•operation ofthe proposed use;
.. 2
Robert H.Farnuin, ICB Realty Trust, 673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit—Construction of Spa and Patio
5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential l Zoning
District as shown in Table 2 of the North Andover Zoning By-laws.
6) 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
SPECIAL CONDITIONS:
1) Permit Definitions:
A) The "Locus"refers to the 147,644 sq. ft.parcel of land with land fronting on Great Pond Road as
shown on a portion of.Assessors Map 63, Parcel 27, and also known as 673 Great Pond Road,
North Andover, Massachusetts.
B) The "Plans" refer to the plans prepared by Morgan Wheelock Inc,, 625 Mount Auburn Street,
Cambridge, MA 02138 dated August 2008, consisting of Sheets I through 3, titled "Developed
Conditions Site Plan (2 sheets)&Existing Conditions Site Plan,Demoulas Residence".
C) The "Project" or "673 Great Pond Road" refers to the construction of 374 sq. ft. of heated
impervious surface area, including a 64 sq. ft. spa.
D) The "Applicant" refers to Robert Farnham, Jr., ICB Realty Trust, the .applicants for the
Special Permit.
E) The"Ti oject 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.
PRIOR TO THE START OF CONSTRUCTION
A) All applicable erosion control measures must be in place and reviewed and approved by
the Planning Department.
B) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which
will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally
ancillary to off-site sewer or other off-site construction. Off--site erosion will be a basis for the
Planning Board making a finding that the project is not in compliance with the plan; provided,
however, that the Planning Board shall give the developer written notice of any such finding and ten
days to cure said condition.
C) A bond in the amount of one thousand dollars($1,000.00) shall be posted for the purpose of insuring
that the site is constructed in accordance with the approved plan and that a final,as-built plan is
provided, showing the location of all on-site structures. This bond shall be in the form of a check
3
XobertB.Farnum,1C)3 Realty Trust,673 Great Pond Xoad
Map 63 Parcel'27 .
Watershed Special Permit—C&struetion-of$pa and Pado
made ontto the Town of North Andover. This.check will then be deposited into an interest bearing "
escrow account
PRIOR TO '1,,0E ISSUANCE OP A'EUIL>dIIIVG)t'"Eli1�EC
A) Three(3)co ios of the signed,recorded plans.must be,delivered to-the Planning'Depattment.
B) .One certified.copy-of the recorded decision,must-be submitted to the•planning Department"
f)VPWG•GONSTR.UCTION
A) Ank stockpiling of materials (dirt, wood, coristructiot material, etc.)must be.shoft on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
,and fenced off to minimize any dust problems'that may occur with adjacent properties.
B) •lit an effort to-reduce-noise levels; tho'developer shall keep.in optimum working order,.through
regular rpaintenance,:any'and alI.equipmentthat shall•emanate sounds'frorn th6'structures or site,
pRZOR TO'hM:IS8.UANCE OF A.CERTVICATE OF OCCUPANCY
A.) The applicant must submit a Ietter'from the architect acrd.engineer of the,project stating that the
Building, Iandscaping, lighting and site Iayout.substantially comply-with•the plans.referencetI at the
end of this decision as endorsed by the Plaiiniiiig Bbai d. Alternatiively,the applicant andlor pYOpert}i
owner may provide a bond, determined by the Planning Board, to cover'the full amount of the
landscaping inaterials and installation•if weather conditions do not permit-the completion of-the,
landscaping prior to the-use of the parking area..
PRIOR TO THE FINAL ltEl',EASE Old`ALL SECA=Y ANT):ESCROWED•FCINXIS
A) A final'as-buiilt plan showing final topography,the•location'of all.on-site utilities, struc6res and
drainage facilities must be submitted to the Planning.Department,
•B) The planning)3oard'must by a majority vote rake a finding that the site its in•conformanbe withthe
approved.plan.
GENERAL CONDT.TMONS
A) The contractor shall•contact Dig-Safe,at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and-Electric utilities shalt be installed underground*as specified by the
" . respective utility companies. ."• •
C) The hours foi construction shall be limited to-between 7:00 a.m.and 5:00 p.m. Monday through
Friday and between 8:00 a.m.-and 5:00 p.m.on Saturday,
-D) The.provisions of this conditional approval shall apply-to and be binding upon the-applicant, its
employees and all successors and assigns in interest or control.
4
Robert H. Farnum,ICB Realty Trust, 673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit—Construction of Spa and Patio
E) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
PIanning Board.
F) Any revisions shall be submitted to the Town Planner for review. If these.revisions are deemed
substantial,the developer must submit'revised plans to the Planning Board for approval.
G) This Special Permit approval shall be deemed to have lapsed. after October 21, 2010 (two years
from the date permit granted), 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 or
for good cause. For purposes of this development, the developer shall be deemed to have
undertaken substantial use or construction if the developer has begun site grading a tree clearing
as noted on the Grading,Drainage and Utility Plan, sheet 5 of 10.
H) The following information shall be deemed part of the decision:
Plan titled: Developed Conditions Site Plan(2 sheets)&Existing Conditions Site Plan
Demoulas Residence
673 Great Pond Road
North Andover,Mass.
Prepared for: Robert H. Farnum,ICB Realty Trust
Prepared by: Morgan Wheelock:hie.
625 Mount Auburn St.
Cambridge,MA 02138
Seale: 1"=20' & F'=40'
Date: August,2008
Sheets:
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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