HomeMy WebLinkAboutDecision - 880 GREAT POND ROAD 6/16/2008 ORT
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Community Development and Services Division
North Andover, Massachusetts 01845 P `'
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NOTICE OF DECISION Bldg. ZBA
Any appeal shall be filed Con/Com Health
within(20)days after the Fire Chief Police Chief
date of filing this notice in Town Clerk DPW/Engineers
the office of the Town Clerk.
Date: June 4,2008
Date of Hearings: April 1,April 15,2008,
May 6,2008, June 3,2008
Date of Decision: June 3,2008
Petition of: Robert Ercolini,880 Great Pond Road,North Andover,Massachusetts,
01845
Premises Affected: 880 Great Pond Road,North Andover,Massachusetts,01845,
Assessor's Map 103, Parcel 111 and located in the Residential 1 Zoning
District.
farting to the above pion for a Wateh_e—?Special Permit horn the requirements of%ue North Andover
Zoning Bylaw, Section 4.136.
So as to allow:to construct a to construct a 8,171 sq. ft. single-family residence with attached garage and
deck, construction of a pervious driveway, -installation of storm waxer management system, and related
grading and landscape work within the 100 foot Non Disturbance and 325 foot Non-Discharge Buffer
Zones of the Watershed Protection District.
A$er 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:
Curt Bellavance,Director
Planning Board
John Simons,Chairman
Alberto Angles,Vice Chairman
Jennifer Kusek,Clerk
Richard Rowen
Tim Seibert
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
880 Great Pond Road,Map 103,Parcel 111
Watershed Special Permit—Construct Single-Family Residence
May 6,2008
The public hearing on the above referenced application was opened April 1, 2008 and closed by
the North Andover Planning Board on May 6, 2-008.
On June 3, 2008 upon a motion made by Richard Rowen and seconded by Alberto Angles to GRANT a
Watershed Special Permit to construct a 8,171 sq.ft. single-family residence with attached garage and
deck, construction of a pervious driveway, installation of storm water management system, and related
grading and landscape work within the 100 foot Non—Disturbance and 325 foot Non-Discharge Buffer
Zones of the Watershed Protection District under the requirements of Section 4.136& 10.3 of the North
Andover Zoning Bylaw. This Special Permit was requested by Robert Ercolini, 880 Great Pond Road,
North Andover,MA 01 845 on December 14,2007. Tle 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 40,4, Section 9. The motion to approve was subject to the FINDINGS OF
FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision.
The Planning Board voted on the motion by a vote of 5-0 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) 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. It has been determined thru review process that post construction development
will be less obtrusive than existing development.
2) 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 structure will be connected to the Town sewer and water systems.
b) A deed restriction will be placed 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 raze the existing house and construct
the proposed single-family, 8,171 sq.ft.residence.
e) Certification has been provided by a registered professional engineer and further verified by the
Town's consulting engineer, VBB that the construction of the single-family residence and parking
area was constructed using Best Management Practices and that the project will have no effect on the
quality or quantity of runoff entering the watershed protection district. Refer to letters from VBB
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880 Great Pond Road,Map 103,Parcel 111
Watershed Special Permit—.Construct Single-Family Residence
May 6,2008
and Andover Consultants May 2, 2008 and March 24, 2008 respectively. Further, adequate
safeguards have been provided to mitigate pollutants from entering Lake Cochichewick.
fl The construction has been reviewed by Town Staff and the Town's consulting engineer,VHB,and
with the application of the erosion control measures and modifications to the drainage and
stormwater management designs,there will be no degradation to the quality or quantity of water in or
entering Lake Cochichewick or any delineated wetlands.The site drainage system and storm water
management design are designed in accordance with the Town Bylaw requirements and Best
Engineering and Management Practices,and has been reviewed by the outside consulting
engineer,Vanasse,Hangen Brustlin,Inc. (VH$). See letters from VHB and Andover Consultants
May 2,2008 and March 24,2008 respectively. Further, adequate safeguards have been provided to
mitigate pollutants from entering Lake Cochichewick through the installation/implementation of
the following Best Management Practices relative to a single-family dwelling:
i) Roof runoff is routed to infiltration areas.
ii) Pervious pavers are proposed for the driveway area to promote additional infiltration of
surface runoff.
iii) A deep sump catch basin with a hood is proposed to capture and treat surface runoff and
sediment from driveway area.
iv) Enhanced landscape areas are proposed between the residence and resources to for surface
infiltration.
v) Operation and Maintenance Plan for all phases of development have been submitted in this
approval.
3) There is no reasonable alternative location outside the General, Non-Distiirbance, and the Discharge
Zones for any discharge, structure or activity.
4) On August 14, 2007, the ZBA granted a dimensional variance for relief of 50 feet from the setback
requirement of the Non Disturbance zone's 100' buffer zone and 15' feet from the non-disturb zone
in order to raze and reconstruct a single family dwelling.
5) On April 8,2008,the ZBA voted to grant a request to modify the August 14, 2007 variance to include
an omitted phrase: "variance is also granted from the two hundred fifty (250') foot horizontal
dimension of the Non-Disturbance Buffer Zone from the annual mean high water mark of Lake
Cochichewick".
6) Applicant was granted a Variance from Zoning Board of Appeals from Section 4.136.3.c.ii.3 to raze
the existing single-family dwelling and construct a new permanent structure in the Non-Disturbance
Buffer Zone in relation Lake Cochichewick.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) 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;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
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880 Great Pond Road,Map 103,Parcel 111
Watershed Special Permit—Construct Single-Family Residence
May 6,2008
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning
District as shown in Table 2 of the North Andover Zoning By-laws.
6) 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:
a) The"Locus"refers to the 2.4 acre parcel of land with land fronting on Great Pond Road as shown
on Assessors Map 103,Parcel 111,and also known as 880 Great Pond Road,North Andover,
Massachusetts.
b) The".Plans"refer to the plans prepared by Andover Consultants,Inc.,dated December 3, 2007
and revised 3/5/08, 3/24/08, and 4/2/08 entitled"Plan Showing Proposed Dwelling, 880 Great
Pond Road,North Andover, Mass."
c) The"Project"or"880 Great Pond Road"refers to the construction of a 8,171 sq.ft. single-family
residence with attached garage and deck, construction of a pervious driveway,installation-of
stormwater management system,and related grading and landscape work within the 100 foot Non-
Disturbance and 325 foot Non-Discharge Buffer Zones of the Watershed Protection District.
d) The"Applicant"refers to Robert Ercolini,the applicant 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 issuance of a building permit:
a) A performance guarantee bond of six thousand dollars ($6,000.00) 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department. Weekly inspections of all erosion control measures will be
completed by the designated independent Environmental Monitor and incorporated into the
weekly reports.
c) No pesticides, fungicides, or chemicals, or non-organic fertilizers shall be used in lawn care or
maintenance. 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 release of the Performance Bond:
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880 Great Pond Road,Map 103,Parcel 111
Watershed Special Permit-Construct Single-Family Residence
May 6,2008
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.The
applicant must submit a certification from the design engineer that the site was constructed as shown
on the approved plan.
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 other than
as proposed on the plan referenced in Condition#10.
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 June 3,2010 (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.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
a) Plan titled: Plan Showing Proposed Dwelling
880 Great Pond Road,North Andover,Mass.
Prepared for: Robert Ercolini
880 Great Pond Road
North Andover,MA 01845
Prepared by: Andover Consultants,Inc.
1 East River Place
Methuen,MA 01844
Scale: 1"=20'
Date: December 3, 2007 and revised 3/5/08, 3/24/08, and 4/2/08
Sheets: 1 —2
b) Plan: Landscape Plan
Great Pond Road
North Andover,Mass.
Prepared for: Robert Ercolini
880 Great Pond Road
North Andover,MA 01845
Prepared by: Weinmayr-Jay Associates,Inc.
Landscape Architects
7 South Street
Somerville,MA 02143
Date: March 5,2008,Reprised 3/28/08
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