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HomeMy WebLinkAboutDecision - 673 GREAT POND ROAD 6/22/1995 TOWN OF NORTH ANDOVER '0' TQ +� ��_ MASSACHUSETTS � �? � ft a'4WORTM ,� 'JUN t 3� OL Any apr� ,, l ��,t be filed o n within ! . ` J, rs after the , date of fi' t - 1 � OtICe AcNUS� , 11 in the U s :e of the Town Clerk. NOTICE OF DECISION Date„June ,22,. .1995 Date of Hearing June 201 1995 Francis L. DiNuccio Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673 Great Pond Premises affected . . . . . . . . . . . . . . . Road. _ . . , . . . . . Referring to the above petition for a special permit from the requirements of the North Andover ,Zoning •Bylaw ., Section .4..136 ,(Watershed .Protection District) allow the construction of a single family dwelling within the soas to pat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Watershed Protection District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :after a public hearing given on the above date, the Planning Board voted conditionally SPECIAL PERMIT toapgrovq . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Signed Assessors Police Chief Joseph ahoney, Chairman Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant Alison Lescarbedu, Clerk Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . File John Simons Interested Parties . . . . . . . . . . . . . . . . ' . . ' . . . . . . . . Alberto Angles, AssociateMember . . . Town of North Andover °* N°oT"1ti OFFICE OF a yt< °a< COMMUNITY DEVELOPMENT SERVICES � A 146 Main Street KENNETH R.MAHONY North Andover, Massachusetts 01845 �SSAC us Director (508) 688-9533 June 22 , 1995 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Watershed Protection District 673 Great Pond Road Dear Ms . Bradshaw: The North Andover Planning Board held a public hearing on Tuesday evening, June 20, 1995 in the Senior Center behind the Town Building, upon the application of Francis L. DiNuccio, 143 Castlemere Place, North Andover, MA requesting a Special Permit under Section 4 . 136 (3) (b) of the North Andover Zoning By-law. The legal notice was properly advertised in the Lawrence Eagle- Tribune on June 5 and June 12 , 1995 and all parties of interest were duly notified. The following members were present: Joseph Mahoney, Chairman, Alison Lescarbeau, Clerk, John Simons and Alberto Angles, Associate Member. The petitioner was requesting a special permit to allow the construction of a single family dwelling within the Non-Discharge Buffer Zone of the Watershed Protection District. The premises affected is 673 Great Pond Road. Ms. Lescarbeau read the legal notice to open the public hearing. Scott Giles was present to present the plans. The applicant proposes to build a single family home in the watershed. All work is outside of 100 ' from the wetland; and the plan indicates roof drains and perimeter drains that direct the stormwater outside of 3251 . There is a swale on site. A concrete pipe runs under the driveway to connect both portions of the Swale and to continue the natural drainage of the site. Mr. Simons: Is the whole lot a field? Mr. Giles: Yes, it is. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Ms. Colwell: The storm water drainage must be drained outside 325 ' . Mr. Giles: The drainage will enter into the swale. Mr. Simons: Will property be hooked up to sewer? Mr. Giles: Yes. Mr. Simons: How far is the property from the lake? Ms. Colwell: Definitely more than 4001 . Ms. Colwell stated that in an agreement with Conservation the applicant will submit a landscape plan showing that nothing will be disturbed within the 100 ' area. The swimming pool is to be tied in to the sewer system. The entire home will be connected to sewer. Discussion of the house location. The best way to control stormwater drainage is through natural overland flow. The house location allows for optimum overland flow through the existing drainage channel. The loam pile is to be removed as soon as possible. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to close the public hearing. Discussion of setting a bond. Consensus is that a $5, 000 bond would be in line for work being done in the watershed. On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously to approve the decision as amended. Attached are those conditions. Sincerely, /11�tz� 0 forth Andover Planning Board Joseph Mahoney, Chairman 673 Great Pond Road Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of Francis L. DiNuccio, 143 Castlemere Place, North Andover, MA 01845 dated June 1, 1995, requesting a Special Permit under Section 4 . 136 (3) (b) (ii) of the North Andover Zoning Bylaw to allow 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: A. 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: i. a certification from a registered professional land surveyor dated June 1, 1995 . ii. the home will be connected to the Town sewer system. iii. the location of the home and the grading of the site use the natural grading and topography of the site to control any stormwater discharge from the site. B. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed construction as the house location places the home outside of the Non-Disturbance Zone and all stormwater is directed outside of the Non-Disturbance Zone. In accordance with Section 10. 31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 1 . The specific site is an appropriate location for the proposed use as all feasible stormwater 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 zone; 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 conditions: SPECIAL CONDITIONS: 1. The following items must be added to the plan: a. The 325 ' line must be marked as the Non-Discharge Zone. b. The 100 ' line must be marked as the Non-Disturbance Zone and as the limit of lawn. 2 . This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Plan of Land Located in North Andover, MA Owned by: Frank DiNuccio Scale: 1" = 40 ' Date: 5/31/95 Prepared by: Scott L. Giles, R.P.L.S . North Andover, MA 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. 3 . Prior to any work on site: a. 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. b. The loam piles must be controlled with haybales and must be removed as soon as possible. C. The replanting plan for the Non-Disturbance Zone must be submitted for review and approval by the Town Planner and the Natural Resource/Land Use Planner. d. All erosion control measures must be in place and reviewed by the Town Planner. 2 e. 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. f. All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. 4. Prior to verification of a Certificate of Occupancy: a. All roof drains and leach pits must be constructed as shown on the plan. b. A permanent boundary (wall, fence, hedge, etc. ) must be placed along the limit lawn area (Non-Disturbance Zone) as shown on the plan. The boundary must be reviewed and approved by the Town Planner. C. 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. d. The deed must contain language restricting the area of maintained lawn to that area outside of the Non- Disturbance Zone. Areas within the Non-Disturbance Zone are to remain in their natural state. e. The home, including the pool, must be tied into the municipal sewer system. f. The structure must contain a residential fire sprinkler system in conformance with the North Andover Fire Department. 5. 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, leach pits and other pertinent site features including the replanting in the Non-Disturbance Zone. 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. 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 applicant 's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition # 2 . 3 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 permit 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 commenced. Therefore the permit will expire on 7"UIV as , IRF7 CC. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 673Great.wsp 4