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HomeMy WebLinkAboutDecision - 340 JOHNSON STREET 10/17/1994 Bp ,=t MUM ` TOWN OF N O R NDOVER r MASSACH N0 d Any appeal shall be file 41 1 ' eCopy Within (20) days after the �,�..,.f� SSACHUSES,( date of filing of this Notice As-14 In the Office of the Town NOTICE OF DECISION Clerk. This is to certify that twenty 120)days October 17, 1994 have elapsed from date of--decision filed Date. . . • • • • • • • ' ' Sept.• ,• 1 4 without filing of an apneal. DPI lid, ,i�ci4� Sept 20, i 994 Joyce A.Bradshaw Date of Hearing bc£. 4; •jg9�• Town Clerk David J. Minicucci • • , . , , , , • • • • • • . . . Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340 Johnson Street Premisesaffected . . . . . . . . . . . • • • . . . . . . . . . . . . . • • • • • • . . ' • • • " . . . . " Referring to the above petition for a special permit from the requirements of the North Andover. Zoning• ylaw B , -. Section 4:136,Watershed, Protection. District • • • • • • • . • allow the installation. of an 181x36' inground pool with concrete soas to g� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pool, with appropriate fence. , apron approximately 6.'x8:', surrounding p. After aApu�lic hearing given on the above date, the Planning Board voted CONDITION LL APPROVE SPECIAL PERMIT • • • • . • . • . . . • . . to . . . . . . . . . . . . . . . .the • based upon the following conditions : cc: Director of Public Works Building Inspector Conservation Administrator Q / Health Sanitarian Signed G���f V, Assessors Joseph V. Mahoney, Vice Chairman Police Chief . . . . . . . . . . . . • • • • . " ' • . . " ' Fire Chief Richard Rowen, Clerk Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer John Simons File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interested Parties Alison Lescarbeau:Associate .Member , . • Board •planning KAREN H.P.NELSON Town of 120 Main Street, 01845 Director (508) 682-6483 NORTH ANDOVER BUILDING CONSERVATION DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT October 17 , 1994 Ms. Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit Watershed Protection District 340 Johnson Street Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on September 6, 1994, in the Senior Center behind the Town Building upon the application of David J. Minicucci, 340 Johnson Street, North Andover, requesting a Special Permit under Section 4. 136 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen and all parties of interest were duly notified. The following Board Members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member. The petitioner was requesting a special permit to allow the installation of an 181x361 inground pool with concrete apron approximately 61x8l surrounding the pool, with appropriate fence located within the Watershed Protection District, at 340 Johnson Street. Mr. Rowen read the legal notice to open the public hearing. Mr. David Minicucci presented the plans for inground pool within the non-disturbance zone of the Watershed. Mr. Rowen read statement from Phil Christiansen that the project will not effect the lake. Grading of the site was discussed. Lawn is basically flat. Keep water within pool site. Back wash water should be connected up to Town sewer or controlled in some manner. Page 2 : 340 Johnson Street William Hmurciak, D.P.W. , Ms. Colwell and Mr. Minicucci to meet to draft specific conditions. Draft decision will be discussed at the next meeting. On September 20, 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member. Discussion of proposed conditions. - haybales between wetlands and pool excavation - concrete apron around pool so that water does not go into lawn - slope site slightly away from wetland area - french drain at bottom of pool will need to be constructed - may need to do perc tests to design the dry well to hold the back wash system - applicant to determine type of filter system to be used Ms. Colwell to review pool situation with IEP Report and discuss pools with the Planning Board. On a motion by Rowen, seconded by Simons, the Board voted to continue the public hearing to October 4, 1994 . On October 4 , 1994 the Planning Board held a regular meeting. The following members were present: Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons, and Alison Lescarbeau, Associate Member. Mr. David Minicucci discussed pool system with the Planning Board. Proposed is a diatomaceous earth filter, no back washing required with this system. Drain- system around pool with a pressure release system. Drainage system on pool cement apron. Ms. Colwell spoke with the Watershed Council regarding a pool in the watershed: Pool water is basically the same as drinking water on lawns. If pool is not maintained, the water becomes similar to any natural stagnant pool. The major concern should be storage of chemicals. Page 3: 340 Johnson Street On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to close the public hearing. There was a discussion of the decision. storage of chemicals - best management practices to be used; store inside. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted to approve the special permit based on written decision and discussion. Attached are those conditions. Sincerely, North Andover Planning Board V -met" V Joseph V. Mahoney, Vice Chairman attachment cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File 340 Johnson Street Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of David J. Minicucci, 340 Johnson Street, North Andover, MA 01845 dated August 31, 1994, requesting a special Permit under Section 4. 136, Paragraph 4 (a) (1) and 5 (A) of the North Andover Zoning Bylaw to allow the installation of an 181 x 361 in-ground swimming pool within thirty nine (39) feet of a wetland resource area in the Lake Cochichewick Watershed Protection District. FINDINGS OF FACT: In accordance with 4 . 136 (7) 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 limited impact the installation of an in-ground pool will have on the Watershed; the fact that the water in the pool when properly maintained will be of similar quality to drinking water and if improperly maintained will be of similar quality to a wetland filled with leaf debris; and on a letter submitted to the Planning Board from a Registered Professional Engineer stating that the project will not adversely affect the Watershed; B. that there is no reasonable alternative location outside the Non-Disturbance or Non-Discharge Zones for any discharge or activity associated with the proposed construction as the location for the pool is on the section of the lot furthest away from the edge of the wetland resource area. In accordance with Section 10. 31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 1. The Planning Board finds that the specific site is an appropriate location for the proposed use as it is the location on the lot furthest away from the edge of the wetland resource area; 2 . The use will not adversely affect the neighborhood as the lot is located in a residential zone and is located 27 . 5 feet away from the adjacent lot line; 3 . There will be no nuisance or serious hazard to vehicles or pedestrians as the installation of a pool will not 1 increase traffic; 4 . Adequate and appropriate facilities are provided for the proper operation of the proposed use as a dry well will be constructed to control the pool backwash; 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. This decision must be filed with the .North Essex Registry of Deeds. The following information is included as part of this decision: a. Plan: Plot Plan of Land in North Andover, MA 340 Johnson Street Prepared for: David J. Minicucci Date: May 8, 1994 ; rev. Aug. 7, 1994 Scale: 1" = 30 ' Prepared by: Northern Associates Inc. North Andover, MA 01845 b. Letter to North Andover Planning Board from Philip G. Christiansen, Professional Engineer Dated: August 24 , 1994 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. 2 . Prior to any work on site: a. A performance guarantee of five hundred (500) 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. b. ' All erosion control measures must be in place and reviewed by the Town Planner. Hay bales and silt fence must be placed along the edge of work between the wetland resource area and the proposed pool site. C. All work must be completed within a two week time period with the site backfilled, regraded, loamed and seeded or otherwise returned as close as possible to 2 Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 340Johnson.WSP 4