HomeMy WebLinkAboutDecision - 870 GREAT POND ROAD 5/2/2007 VF
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a Town of North Andover
i e Office of the Planning Department
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�,,5 r+Rlyo pyP is to certify that twenty po�hyamunity Development and Services Division
ve elapsed from date of decision,filed 1600 Osgood Street
without filing of_ appeal
Date Q 4130, ?oq7 North Andover, Massachusetts, 01845
Joyce�r drhsw ATTEST:
Town Clark NOTICE OF DECISION A True Copy
Any appeal shall be filed Town Clerk
n within(20)days after the
date of filing this notice in
f the office of the Town Clerks
Date: May 2,2007
Date of Hearing: April 17,2007
Date of Decision: May 1,2007
Petition of Ronald&Karen McCluskey
870 Great Pond Road Do,_:?4 r 258 05-30_-'?007:z 10--17
North Andover,MA 01845 Essex North.land Court-Resistrs
Premises Affected: 870 Great Pond Road,North Andover,MA 01845,Map 103—Parcel 112
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw,Section 4.136.
So as to allow to construct a proposed 458 s.f one-story, wood frarne addition, with garage under, and patio
and drainage mf wt ucture and associated minimal site grading within the Non4scharge zone of the
Watershed Protection District within the R 1 zoning district
Upon a motion made by Jennifer Kusek, 2`d by Alberto Angles to APPROVE a Watershed Special Permit
as amended and based upon the following conditions. Voting members were: John Simons, Alberto Angles,
Richard Rowen, Jennifer Kusek & Timothy Seibert. Vote was unanimous. 5-0. Richard Nardella abstained
from voting,as he was not in attendance at the previous meeting.
On behalf of&North An aver Planning Board
John Simons,Vice Chairman
Alberto Angles,acting Clerk
Richard Rowen,regular member
Jennifer Kusek,regular member
Timothy, b,M-V� qP member
cc: Town Departments
A true copy of Land Court Document aS
Applicant Certificate _
Engineer f r'a l Q page
Abutters Registered5_ d"�t jQ rt
M
Assessor Attest:
1 Register 0 f Oaeds
870 Great Pond Road
Map 103, Parcel 112
Watershed Special Permit
The public hearing on the above referenced application was opened on April 17, 2007 and closed by the
North Andover Planning Board on May 1, 2007, upon a motion made by Jennifer Kusek and seconded by
Alberto Angles to GRANT a Watershed Special Permit as amended in order to construct a 458 s.f.one-story',
wood frame proposed addition with garage under, and patio, and drainage structure within the R-1 zoning
district within the Non-Discharge zone of the Watershed Protection District.
The single-family residence is located at 870 Great Pond Road, North Andover, MA, Assessors Map 103,
Parcel 112 and is located within the Non-Discharge Zones of the Watershed Protection District under the
requirements of Section 4.136 & 103 of the North Andover Zoning Bylaw. This Special Permit was
requested by Ronald&Karen McCluskey, 870 Great Pond Road,North Andover,MA
The applicant submitted a complete application, which was noticed on March 27, 2007 and reviewed in
accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,Section
9. The lot was created in 1970 and is subject to the Watershed Protection District provisions for lots created
before October 24, 1994.
The Planning Board voted on the motion in favor of the Watershed Special Permit. 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 fmding 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
FINDINGS OF FACT:
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 this finding on the following facts:
a) The topography of the site will not be altered substantially. The proposed addition was specially
designed and located to minimize the amount of grading/topographical changes and take advantage
of natural features of the property. Further,a proposed 500 gallon drywell was designed to collect all
runoff associated with the roof areas of the proposed addition. The drainage infrastructure is
designed to handle the 100-year storm event and will serve to mitigate any potential storm water
runoff problems from the proposed addition.
b) The proposed extension of the bluestone patio will not alter present site grading.
c) The limit of clearing and impact is restricted to the minimum necessary to construct the project.
d) The proposed site work described will not have a negative impact to the surrounding watershed.
There will not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The proposed drywell will serve to collect storm water runoff and provide a means
2
870 Great Pond Road
Map 103,Parcel 112
Watershed Special Permit
of recharging the groundwater table. The drywell, in addition to the minimal site grading changes,
will serve to promote mitigation measures to protect runoff from entering surrounding wetland areas,
which ultimately discharge to the lake.
e) The construction of the proposed addition and storm water management plan has been reviewed by
the Town's Engineer and Town Planner and determined that there will be no degradation to the
quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) 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;
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 of the proposed use;
5) 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) Final approval of this Watershed Special Permit by the Planning Board is conditional upon a Notice
of Intent to be issued by the Conservation Commission.
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) Prior To Any Work On Site:
a) A performance guarantee of two thousand dollars ($2,000) 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) The limit of work as shown on the plan by the erosion control line must be marked in the field and
must be reviewed and approved by the Town Planner and Conservation Department.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Department. Deteriorated erosion control measures shall be replaced and maintained
throughout the duration of the project.
d) The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission, Board of Health,Zoning Board of Appeals and the Department of Public
Works and be in compliance with the above permits and approvals.
4) Prior to issuance of a building permit:
a) The Planning Board must endorse the final site plan mylars and three copies of the signed plans
3
870 Great Pond Road
Map 103,Parcel 112
Watershed Special Permit
must be delivered to the Planning Department.
b) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the
recorded decision must be submitted to the Planning Department.
c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325 feet of
Lake Cochichewick or within 325 feet of wetland resource areas.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.
d) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department,
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 management services 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) In no instance shall the construction of the project as proposed be allowed to further impact the site than
as shown on the plan referenced in Condition# 11.
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 Watershed Special Permit was issued on May 1, 2007, however, this Special Permit shall be
deemed to have lapsed after a two (2) year period on May 1, 2009 unless substantial use or
construction has commenced.
11) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: 870 Great Pond Road
Proposed Site Development Plan, located in North Andover, Massachusetts(Esser
County)
Prepared for: Ronald&Karen McCluskey
870 Great Pond Road
North Andover, MA 01845
Prepared by: Sullivan Engineering Group,Inc.
22 Mount Vernon Road
4
870 Great Pond Road
Map 103,Parcel 112
Watershed Special Permit
Boxford, MAO 1921
Scale: 1"=20 feet
Date: March 14,2007
Scott Giles, PLS#13972, Registered Land Surveyor
Date: 4/9/07
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