HomeMy WebLinkAboutDecision - 1857 GREAT POND ROAD 12/21/2010 ABOVE FOR REGISTY OFDEEDS USE ONLY
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DESCRIBE
ESSEX NORTH REGISTRY OF DEED
Robert Fr lie/%y, Register
354 Merrimack St. Suite 304
Lawrence, MA 01843
(378) 683-2745
www.lawrencedeeds.com
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Town of North Andover'
tIORTH 7m0 �� ,gip 90 Pi`) �`:
Office of the Planning �3ep�artrnenE 02
�° Comm-unity Development and Services-Division
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oR rgo*ai 5 1600 i. F: a i
CHU Osgood StreetN1-1 111 ;`A .:,[0', ,
9SSACHUSE
North Andover,Massachuselkv-01845 +
NOTICE OF DECISION This is to certity that twenty(20)days
have elapsed from date of decision,filed
Any appeal shall be filed without fll
ng ofan a p i.
within (20) days after the Jo
Datce
yce A. rad aw
date of filing this notice in ® fj�htl€
the office of the Town Clerk.
Date: December,21,2010
Date of Hearings: December 14,2010,
December 21,2010
Date of Decision: December 21,2010
Petition of: Stephen J. Galizio,555 Turnpike Street,Suite 41,North Andover,MA 01845
Premises Affected: 1857 Great Pond Rd,North Andover,Massachusetts,01845,
Assessor's Map 35,Parcel 57 and located in the Residential 1 Zoning District.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw,Sections 4.136.3.bii.(i),4.136.3:c.ii and 10.3.
So as to allow the construction of a farmers porch and replace the existing brick walls with concrete
pavers within the non-disturbance zone of the Watershed Protection District.
After a Public Hearing given on the above date,and upon a motion by R. Rowen and 2nd by M. Colantoni to
APPROVE the Special Permit for the Watershed Protection District, as amended and based upon the
following conditions.Vote was unanimous in favor of the application
/JohbnjSi]m1ons i Board
, Chairman
Richard Rowen
Timothy Seibert
Michael Colantoni
Courtney LaVolpicelo
ATTIMT:
A True Copy
Town Clerk
1857 Great Pond Road Map 35,Parcel 57
Watershed Special Permit—Construct Single-Family Residence
December 21,2010
The Public Hearing on the above referenced application was opened on December 14, 2010 closed by the
North Andover Planning Board on December 21,2010.
On December 21, 2010, upon a motion made by R. Rowen and seconded by M. Colantoni to GRANT a
Watershed Special Permit to construct a farmers porch and replace the existing brick walk with concrete
pavers work within the 100 foot Non-Disturbance Buffer Zone 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 Stephen J. Galizio, 555Turnpike Street, Suite 41, North Andover,MA 01845 on November
5, 2010. 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
Appendix A to this decision.
The PIanning 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,there.will not be any significant degradation of the quality
or quantity of water in or entering Lake Cochichewick. The proposed project will have the effect of
improving the site in terms of<stoimwater management, as demonstrated by the implementing Best
Management Practices as shown below. Based on these improvements, the Board has determined that
the site will be improved and that the quality of water runoff will be improved.The Planning Board bases
this fording 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 includes increased roof infiltration and wetlands
mitigations, as a result of 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) The construction has been reviewed by Town Staff, including the Town Planner. and the
Conservation Administrator, and with the application of the erosion control measures and
modifications to the drainage and stormwater management designs, the staff concluded that there
will not be significant degradation to the quality or quantity of water in or entering Lake
Cochichewick. The site drainage system and storm water management design are designed in
accordance with the Town Bylaw requirements and Best Engineering and Management Practice.
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. The new structure calls for recharging 800 s.f of
roof area, by providing treatment for an existing 540 s . ft. � %z of the existing roof) and 260
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1857 Great Pond Road Map 35,Parcel 57
Watershed Special Permit—Construct Single-Family Residence
December 21,2010
sq. ft. for the new farmer's porch roof. The runoff will be directed into an infiltration trench
with sufficient recharge capacity.
ii) No new lawn area is being proposed and the existing trees as noted on the plan will remain.
iii) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be noted on the deed.
c) The existing structure is connected to the Town sewer system.
d) At the request of the Conservation Commission, the applicant will be providing a restoration of
wetlands on the western side of the property. The details of this re-construction will be part of the
Order of Conditions submitted to the Conservation Commission.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
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 since the porch will be added to the
existing house;
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;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
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
SPECIAL CONDITIONS:
1)Permit Definitions: l
a) The"Locus"refers to the 53,580 sq.ft.parcel of land with frontage on Great Pond Road as
shown on Assessors Map 35,Parcel 57, and also known as 1857 Great Pond Road,North
Andover,Massachusetts.
b) The"Plans"refer to the plans prepared by The Neve-Morin Group,Inc.,P.E. dated November 1,
2010.
c) The"Project!'or"1857 Great Pond Road"refers to the construction of a farmer's porch and
replacement of existing brick walk with concrete pavers,installation of stormwater management
system,and related grading and landscape work within the Non-Disturbance Buffer Zone of the
Watershed Protection District.
d) The"Applicant"refers to Stephen J. Galizio,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.
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1857 Great Pond Road Map 35,Parcel 57
Watershed Special Permit—Construct Single-Family Residence
December-21,2010
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 any work being done on the site and prior to 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
c) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-
free. 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:
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) 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, its
employees and all successors and assigns in interest or control.
8) This Special Permit approval shall be deemed to have lapsed December 21,2012(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:
a) Plan titled: Plan of Land
1857 Great Pond Road,North Andover,Mass.
Prepared for: Stephen J. Galizio
555 Turnpike Street
Suite 41
North Andover,MA 01845
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1857 Great Pond Road Map 35,Parcel 57
Watershed Special Permit—Conshuct Single-Family Residence
December 21,2010
Prepared by: Neve-Morin Group,Inc.
447 Boston Street
U.S.Route 1
Topsfield,Ma 01983
Scale: 1"=20'
Date: November 1,2010
Sheets: 1
cc: Town Engineer
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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