HomeMy WebLinkAboutDecision - 1160 GREAT POND ROAD 9/23/2004 Town of North, Andover of °oTH
Office of the Planndng Department o�
Community Development and Services Division x
27 Charles Street
North Andover, Massachusetts 01845
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Telephone(978)688-9535
Town Planner A T T I aS T; Fax(978)688-9542
A True Copy
This Is to certify that twenty(20)daysju-
have elapsed from date of dedsion,filed
without filing of ap
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Town Clerk
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Town Clerk
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Notice Of Decision
Any appeal shall be filed
Within (20) days after the -
Date of filing this Notice J
In the Office of the Town
Clerk Date. September 23, 200
Date of Hearing: Sept. 21„ 2004
Decision: September 23, 20(04 7
Petition of: 1135 Great Pond Road, Brooks School
Premises Affected: 1135Great Pond Road,North Andover 01845 `--�
Referring to the above petition for a special permit from the requirements of the No4#h-,
Andover Zoning Bylaw Section 4.136.
So as to allow: the construction of a screened porch to the rear of an existing singje-faPly o
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faculty home% Activities will be located within the Non-Disturbance and Non-Discharge Zone
associated with bordering vegetated wetland resource areas located in the Watershed Protection
District on the property of Brooks School.
After a public hearing given on the above dates the Planning Board voted to APPROVE, cm
the Special Permit for Watershed Protection District, based upon t e following conditions: -�
Signed:
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Alberto ngles, Chairman co
Cc: Applicant George White, Vice Chairman
Engineer Felipe Schwarz, Clerk
Abutters Rick Nardella
DPW John Simons
Buildimg Department James Phinney
Conservation Department
Health Department
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Mi/Mydocument--J1135 Great Pond Rd.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
1135 Great Pond Road-Brooks School
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Brooks
School, 1160 Great Pond Road, North Andover, MA 01845, filed on August 13, 2004.
The area affected is located at 1135 Great Pond Road in the R-2 Zoning District, Map
103, Lot 2. The lot was created in 1967 and is subject to the Watershed Protection
District provisions for lots created on or prior to October 24, 1994. The applicant is
requesting a Watershed Special Permit for the construction of a screened porch to the rear of
an existing single-family faculty home. Activities will be located with the Non-Disturbance
and Non-Discharge Zone associated with bordering vegetated wetland resource areas
located in the Watershed Protection District.
FINDINGS OF FACT:
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. 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) The proposed auxiliary structure will be connected to the house and to the North
Andover Town sewer system;
b) A covenant will be placed in the deed restricting and limiting the types of
fertilizers that can be used on the site.
c) The topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary to construct the
proposed structure and appurtenances.
2. There is no reasonable alternative location outside the Non-Disturbance Zone, for
any discharge, structure or activity, associated with the proposed project.
3. 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
storm water and erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the use is accessory to an
existing school facility;
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 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) Town of North Andover Planning Board Application for Watershed Special Permit
filed by Brooks School on August 13,2004;including:
• Narrative, dated August 9,2004;
• Turf Management Program, dated 2/12/04(2 pages);
• Recharge Calculations and plans prepared by John Scott, P.E. of
RFS,dated 8/13/04;
b) Plans entitled: Brooks School, Great Pond Road, North Andover, MA, Goulet
House—Porch Addition, Site Plan,pages 1 &2 dated 8/4/04;
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) A performance guarantee of two thousand dollars ($1,000) 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 must be marked in the field and must be
reviewed and approved by the Town Planner.
c) Erosion controls consisting of haybales and silt fence must be installed along the
limit of work behind the proposed houses. The locations of the erosion controls
must be approved and reviewed by the Town Planner.
d) 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) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) The Planning Board must endorse the final site plan mylars and three copies of
the signed plans must be delivered to and reviewed by 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) Only organic or slow release lawn or garden products shall be used in lawn care or
maintenance within 325' of Lake Cochichewick or within 325' 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.
4) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND:
a) The applicant shall submit an as-built plan stamped by a Registered Professional
Engineer or Land Surveyor in Massachusetts that shows all construction, limits of
disturbance, existing topography, storm water mitigation structures and other
pertinent site features. This as-built plan shall be submitted to the Town Planner and
the Department of Public Works for approval. The applicant must submit a written
certification from the design engineer that the site was constructed in accordance
with the approved plan and any changes or deviations from the approved plan must
be specifically noted in the certification letter.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
5) 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.
6) No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8)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.
9) This Special Permit approval shall be deemed to have lapsed (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
cc: Applicant
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