HomeMy WebLinkAboutDecision - 940 GREAT POND ROAD 10/2/2012 7?
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0 Town of North Andover 2012 OCTI 10 AM 9: 39
0 2�
Office of the Planning Department
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Community Development and Services D*
1600 Osgood Street 1-4 S PIC
Ac"U North Andover,Massachusetts 01845
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of aynppeal.
0
Any appeal shall be filed Date Ov. &2 1�
within (20) days after the Joyee AI DI'Mhaw
Town 01@rk
date of filing this notice in
the office of the Town Clerk.
Date: October 2,2012
Date of Hearings: September 4,2012,
September 18, 2012, October 2,2012
Date of Decision: October 2,2012
Petition of- David and Corliss Paolino,940 Great Pond Road,North Andover,MA 01845
Premises Affected: 0 Great Pond Road,North Andover,Massachusetts,01845.
Assessor's Map 103, Parcel 128 and located in the Residential -1 Zoning
District. .
Referring 0 to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw,Sections 4.136.3.c.ii.6& 10.3.
So as to allow the construction of a single family dwelling unit, porous pavement driveway, roofed
porches, an outside deck, installation of utilities and associated grading on an undeveloped parcel within
100 feet of a wetland in the Non-Disturbance Zone of the Watershed Protection District.
After a Public Hearing given on the above date, the Planning Board voted to APPROVE a Watershed
Special Permit for the Watershed Protection District,based upon the following conditions:
nning-Board
hn Simons
Richard Rowen
Michael Colantoni
Lynne Rudnicki
Lora MeSherry
Dave Kellogg
ATTLOST1
A Tri,ie Copy
Town Clerk
0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
The public hearing on the above referenced application was opened on September 4, 2012 closed by the
North Andover Planning Board on October 2,2012.
On October 2, 2012, upon a motion made by D. Kellogg and seconded by R. Rowen to GRANT a
Watershed Special Permit for the construction of a single family dwelling unit, porous pavement
driveway, roofed porches, an outside deck, installation of utilities and associated grading on an
undeveloped parcel,and the installation of stormwater management system within 100 feet of a wetland,in
the Non-Disturbance Zone of the Watershed Protection District. under the requirements of Section
4.136.3.c.ii.6 & 10.3 of the North Andover Zoning Bylaw. The total amount of impervious area to be
created is 3,604 sq. ft. This Special Permit was requested by David & Corliss Paolino; 940 Great Pond
Road, North Andover, MA 01845 on August 9, 2012. 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 MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF
FACTS and SPECIAL CONDITIONS set_forth in 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 finding 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 project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. The final design reflects 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) On March 13; 2012, the project received a variance from the Town of North Andover Zoning
Board of Appeals, as required by the Town of North Andover's Zoning Bylaw, section
4.136.3.c.ii.3. The Zoning Board found that owing to circumstances related to soil conditions,
shape or topography of the land, that literal enforcement of the provisions of the Bylaw would
involve substantial hardship,financial or otherwise.
c) 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 arid'storm water management design are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices. The plan has been reviewed by
the outside consulting engineer, Lisa Eggleston, as evidenced by a letters dated August 20, 2012
and September 10, 2012 and letters from Sullivan Engineering Group dated August 7, 2012 and
September 5, 2012 respectively. Further, adequate safeguards have been provided to mitigate
2
0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
pollutants from entering Lake Cochichewick through the installationlimplementation of the
following Best Management Practices relative to a single-family dwelling:
i) The new project will create 3,604 sq. ft. of new impervious area, that will include the
dwelling unit, an attached garage, a front and rear porch and a rear deck. All of the
impervious surface and roof runoff will be routed to a 1,000 gallon concrete drywell,
surrounded by 54" of stone. The drywell has the capacity to store and infiltrate the 100 year
storm event.
ii) A porous pavement driveway, plus two porous pavement walkway areas will be constructed
in accordance with the UNH design standards for cold climates, as recommended by the
consulting engineer,Lisa Eggleston. An Operations and Maintenance Plan has been included .
as part of the plan and the SPECIAL CONDITIONS section of this document will prohibit
paving of the driveway. This restriction will be noted on the deed.
iii) The limit of work and clearing has been marked on the plan to be as close to the proposed
dwelling unit as possible. Limits on new lawn areas will be described within the SPECIAL
CONDITIONS section of this decision.
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.
d) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The
lot was created before 1994 and is not subject to the Conservation Zone, as described in section
4.136.2.Table 1.
e) The existing structure is connected to the Town sewer and water systems.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge, structure or activity.
3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board
makes the following FINDINGS 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) 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:
3
0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
a) The"Locus"refers to the 87,121 sq. ft. parcel of land with frontage on Great Pond Road as
shown on Assessors Map 103,Parcel 128, and also known as 0 Great Pond Road,North Andover,
Massachusetts.
b) The"Plans"refer to the plans prepared by Sullivan Engineering Group,dated July 30,2012 and
revised to September 5,2012, entitled"Site Development-Plan of Land located in North
Andover,Massachusetts (Essex County)".
c) The"Project" or"0 Great Pond Road"refers to the construction of a single family dwelling unit,
porous pavement driveway,roofed porches,an outside deck, installation of utilities and
associated grading on an undeveloped parcel, and the installation of stormwater management
system within 100 feet of a wetland, in the Non-Disturbance Zone of the Watershed Protection
District.
d) The"Applicant"refers to David and Corliss Paolino,the applicants 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) Prior to the endorsement of the Plan
a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
i) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free.
ii) The porous pavement and dry well shall be maintained according to the Operations and
Maintenance Plan specified on the approved Plan and it shall not be seal-coated or otherwise
covered with non-porous material.
b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
4) Prior to the start of construction or the issuance of a building permit:
a) A performance 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) The applicant shall designate an independent Consttuction Monitor who shall be chosen in
consultation with the Planning Department staff. The Construction Monitor shall submit weekly
reports during the entire duration of the project and must be available upon four(4) hours notice
to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of
reports upon review of such a request from the applicant.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
d) A pre-constriction meeting must be held with the developer,their construction employees,Planning
4
0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
Department and Building Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
e) Any new landscape area will be confined to that which is indicated on the Plan. The soil should have
a minimum of 6 inches of topsoil and where possible,native vegetation should be planted.Fertilizers
are limited to those which are either organic or slow-release nitrogen and phosphorous-free.
f) The contractor will provide a sequencing plan for the installation of the porous pavement driveway.
The plan should follow the sequence developed by the UNH Stormwater Center. The plan will
include installing the driveway sub base with a two-inch overfill and removal of the overfill once the
site is stabilized. The sub base should be inspected for compaction and infiltrative capacity and if
necessary,scarified to the depth required prior to placement of the porous layer.
4) 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 and
must be provided in paper form as well as in SDF (Standard Digital File) format. The applicant
must also submit a letter from the architect and engineer of the project stating that the building,
landscaping,lighting and site layout substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board. This as-built plan shall be submitted to the Town
Planner for approval:
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
5) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) 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.
8) This Special Permit approval shall be deemed to have lapsed October 2; 2014 (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.
9) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: "Site Development-Plan of Land,located in North Andover,MA.
(Essex County)"prepared for David and Corliss Paolino"
Prepared for: David and Paolino
940 Great Pond Road
North Andover,MA 01845
5
0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
Prepared by: Sullivan Engineering Group
22 Mount Vernon Road
Boxford,MA 01921
Scale: 1"=20'
Date: July 30,2012,revised, September 5,2012.
Sheets: 2
Elevations:
Prepared by: Royal Oaks
1000 Country Road,E.West
Suite 120
Shoreview,Mn 55128
Sheets: 1-7
Scale: '/4"= 1'-0"
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
6
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