HomeMy WebLinkAboutDecision - 500 GREAT POND ROAD 4/22/1996 Ptl� � JO`GC� 6t�AGSNAW
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l shall be fileq W N O F NORTH A N D O 'V E RNORTM 4hoo `�
Anyappea SETTS
within 20) days after the DrtASSACHT�
late of filing of this Notice of ".° '",ti
in the Office of the Town
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Clerk.
♦ �,SSw�tauSE� 5 I',,..
NOTICE OF DECISION
.. `" April 22'. .1996 . . . . . . . . . . . . . .
Date
Date of Hearing . AP-r-il_1.6.,. .1.9.9.6 .
Petition of . . .
North Andover Country Club
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . .
Land and buildings numbered 500 Great Pond Road . . . .
Premises affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
North Andover Zoning Bylaw Sec. 4.136 Paragraph ,2.B.2 Wa,tershecj ,P,rq., ,Dist.
ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
allow for the moving of two paddle courts and a warrq�rjg ,hut .tQ
soas to z�i . . . . . . . . . . . . . . . . . . . . . . . . . . . .
upgrade the paddle, facility and to create a gravel parking lot where the, tw,o, ,cqurts
are currently located.
After a public hearing given on the above date, the Planning Board voted
APPROVE SPECIAL PERMIT
to . . . . . . . . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
based upon the following conditions
CC: Director of Public Works
Building Inspector �AF
Natural Resource/Land Use Planner
Health Sanitarian Signed
Assessors
Police Chief Joseph V.• MahoneX. Chairman, , , , ,
Fire Chief
Applicant Richard Rowens. Vice. Chairman. . . .
Engineer
File Alison. Lescarbeau.Clerk
interested Parties
Richard Nardella. . . . . . . . . . . . . . . .
_
John Simons . . . . . . .
Town of North Andover f NORTH
OFFICE OF o ��
COMMUNITY DEVELOPMENT AND SERVICES ° . p
146 Main Street
North Andover, Massachusetts 01845
SSACHUSS
I
i
April 22, 1996
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Watershed Special Permit/500 Great Pond Road
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on Tuesday evening, April 16, 1996 at
7:30 p.m. in the Senior Center behind the Town Building, upon the application of the North
Andover Country Club, 500 Great Pond Road, North Andover, MA requesting a Special Permit
under Section 4.136 Paragraph 2.B.2. (Watershed Protection District) of the North Andover
Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on March
27 and April 3, 1996 and all parties of interest were duly notified. The following members were
present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau,
Clerk and Alberto Angles, Associate Member.
The petitioner was requesting a special permit to allow for the moving of two paddle courts and a
warming but to upgrade the paddle facility, and to create a gravel parking lot where the two
courts are currently located within the Non-Discharge Buffer Zone of the Watershed Protection
District.
The premises affected is land and buildings numbered 500 Great Pond Road in the Residential-1
(R-1) Zoning District and the Watershed Protection District.
Ms. Lescarbeau read the legal notice to open the public hearing.
Scott Giles and Richard Hornidge were present to present the plan.
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BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
500 Great Pond Road
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of the North Andover
Country Club, 500 Great Pond Road,North Andover,MA 01845 dated March 22, 1995, requesting a
Special Permit under Section 4.136 paragraph 2(b)(ii) of the North Andover Zoning Bylaw to allow
surface and sub-surface discharge of stormwater within the Non-Discharge Zone of the Watershed
Protection District. This project involves the relocation of two existing paddle courts, the construction
of a new paddle court and gravel parking area, and the construction of a 36' x 16' hut.
FINDINGS OF FACT:
In accordance with 4.136(4)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 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. A certification from a registered land surveyor dated 3/16/96 that there will not be any
significant degradation of the quality or quantity of the water entering lake Cochichewick
due to this project.
B. The existing paddle courts will be relocated further away from the edge of the wetland
resource area. The paddle courts are above ground and will be constructed on 1' diameter
pilings. The area vacated by the relocated courts will be used for parking and will be
constructed with a gravel base.
C. The paddle court surface is made of an aluminum decking material with slats allowing the
water to drain through the surface at regular intervals;therefore there is a minimal increase
in the rate of runoff.
D. There is no reasonable alternative location outside the Non-Discharge Buffer Zone for any
discharge, structure or activity, associated with the proposed construction as the entire lot
is located within the Non-Disturbance Zone.
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 stormwater
and erosion controls have been placed on the site;
B. The use will not adversely affect the neighborhood as the lot is located in a residential zone;
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;
The Planning Board also makes a specific finding that the use is in harmony with the general purpose
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This is a request for a special permit to relocate two paddle courts, construct one new paddle
court, construct a warming hut, and install a gravel parking area where the paddle courts are
currently located. The work would be done outside of 100' but within 325' of a wetland
resource area, and a gravel parking area will be created where the courts currently are.
Mr. Giles stated that the court has openings in it that allow the water to drain intermittantly-
similar to the slats on a deck or a porch.
The abutters concern is that a stockade fence be installed along the new parking area to shield
headlights.
On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to close
the public hearing. Ms. Colwell prepared a draft decision which was briefly discussed by the
Board.
On a motion by Mr. Angles, seconded by Ms. Lescarbeau, the Board voted unanimously to
approve the special permit as amended.
Attached are the conditions.
Sincerely,
6�Joseph V. Mahoney, Chairman
North Andover Planning Board
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7. No open burning shall be done except as is permitted during burning 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 permit shall be deemed to have lapsed after a two (2)year period from the date on which
the Special Permit was granted unless substantial use or construction has commenced.
Therefore the permit will expire on �(!.L --q 1y98.
cc.
Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
500 Great Pond Road(Country Club)Watershed
3
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:
,J
The following items must be added to the plan:
a) The gravel parking area and access to the driveway.
Je"I This decision must be filed with the North Essex Registry of Deeds. The following information
is included as part of this decision:
Plan titled: North Andover Country Club
Parking/Paddle Renovations
Prepared by; Scott L. Giles,R.P.L.S.
Scale: 1)5 50)
Date: 3/15/96
3. Prior to any work on site:
V) / A performance guarantee of two thousand ($2,000) 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 and to
nsure that the as-built plans will be submitted.
All erosion control, silt fence and hay bales along the edge of the limit of work, must be
in place and reviewed by the Town Planner.
4. Prior to rification of a Certificate of Occupancy:
a The existing wooden stockade fence, or other barrier agreeable to the abutter, must be
extended xtended along the boundary of the gravel parking area in order to shield the
neighboring property from headlights in the parking area.
5. Prior to release of the Performance Bond:
a) The applicant shall submit a certified copy of an as-built plan which shows all
construction, including sewer lines, infiltration trenches and other pertinent site
features. This as-built plan shall be submitted to the Town Planner for approval and
shall be stamped by either a Registered Professional Land Surveyor or Practicing
Engineer.
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#2.
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