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HomeMy WebLinkAboutDecision - 1160 GREAT POND ROAD 4/6/2004 Town of North Andover Of%AO RT;Itio Office of the Planning Department - 3 ity Development and Services Division Community ze 27 Charles Street North Andover, Massachusetts 01845 "SSACHUS�� Telephone (978) 688-9535 Julie Parrino Fax (978) 688-9542 Town Planner Notice Of Decision Any appeal shall be filed - Within (20) days after the - Date of Ellin this Notice f hj§is to ce�fy that twenty(20)days f' g hdv@§lapsed from date of decision,filed In the Office of the Town wif ut filing of an appeal. D. Date.« L 0, Clerk Joyaa A:9fddshaw — Town 01@fk Date: April 7, 2004 - co Date of Hearing: March 23, 2004,; s Decision: April 6, 2.004 Petition of: Brooks School j Premises Affected: 1160 Great Pond Road,North Andover 01845 CD Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136. So as to allow: the construction of two, single family houses and associated site work and o utility connections located in the Watershed Protection District on the property of Brooks rU r� School. c= After a public hearing given on the above date, the Planning Board v"to APPROVE, J the Special Permit for Watershed Protection District,based up the f llowing conditions: Signe� G-'A erto ngles, Chairman Cc: Applicant r eorge White,Vice Chairman Engineer Felipe Schwarz, Clerk Abutters Rick Nardella DPW John Simons Building Department James Phinney Conservation Departmentti r !- t ;1`(}GT Health Department A']'rue Copy To ,n Clerk N0 T BOARD OF APPE.ALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1160 Great Pond Road-Brooks School Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Brook School, 1160 Great Pond Road, North Andover, MA 01845, filed on February 13, 2004. The area affected is located on the property of the Brooks School, 1160 Great Pond Road in the R-2 Zoning District, Map 90C, Lot 25 and Map 103, Lot 28. The lot was created in 1928 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 two single family faculty houses, driveways, associated grading, utilities and stormwater management. Activities will be located with the 325' Non-Discharge Zone associated with bordering vegetated wetland resource areas located in the Watershed Protection District. Actual construction located within the 325' Non-Discharge Zone is limited to the constriction of one of the faculty houses, a portion of the driveways, portions of the drainage swale and parabolic swale, catch basins and iulderground groundwater recharge systems. 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 Plamiing 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 Plamzing Board bases its findings on the following facts: a) The proposed structures will be connected 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/renovate the structure and appurtenances. The location of the houses will be located in a cleared maintained field. 2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone, for any discharge, structure or activity, associated with the proposed project. D. 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 February 13,2004;including: 0 Narrative, dated February 27, 2004; • Turf Management Program, dated 2/12/04(2 pages); • Recharge Calculations and plans prepared by John Scott, P.E. of RFS, dated 2/23/04; b) Plans entitled: Observatory Hill Faculty Housing Project Cover Sheet, dated February 13,2004; Sheet C1, Gei)eral & Civil Notes, Legend, Symbols, and Abbreviations, dated 2/13/04; Sheet C2, Watershed Protection District Plan, dated 2/13/04; Sheet C3,Proposed Site Plan,revised 2/27/04; Sheet C4,Erosion Protection Details, dated 2/13/04; Sheet C5, Civil Details,revised 3/12/04; . C) Engineering Review Letters: Prepared by VHB, dated March 8, 2004; Prepared by RFS Engineering dated March 12,2004; 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 ($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 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), No pesticides, fertilizers or .chemicals 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 ISSUANCE OF A CERTIFICATE OF OCCUPANCY: Foundation Plan: Immediately upon completion of the house foundations and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation locations and their proximityto wetland resource areas and watershed buffer zones as shown on the approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 5) 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. 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# 1. 7) No open burning shall be done except as is permitted during bunting 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 Special Permit approval shall be deemed to have lapsed April 7, 2006 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or constriction has commenced within said two year period. Substantial use or construction will be determined by a majority vote of the Planning Board cc: Applicant File