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HomeMy WebLinkAboutDecision - 1775 GREAT POND ROAD 9/20/2005 f rioRrN ° ,t``° '•1" Town of North Andover REOEIVEO 03r y�.r '•. • O� ` p Office of the Planning DepartmentTOWH CLERK'S OFFICE Community Development and Services DWW23 PM 12: 24 �,SSACHUSEt� 400 Osgood Street North Andover, Massachusetts 01845 TOWN OF Lincoln Daley http_//www.townofnordiandover.com NORTH ANCCVP ; Town Planner MASSACHUSE i. `} P (978) 688-9535 F (978)688-95.12 This Is to certify that twenty(20)days NOTICE OF DECISION have elapsed from date of decision,filed without filing of an appeal Date zi2- � Any appeal shall be filed Joyce A.Bradshaw within (20) days after the Town Dlark date of filing this notice in the office of the Town Clerk. Date: September 20,2005 Date of Hearing: September 6-Sept.20,2005 Date of Decision: September 20,2005 Petition of: John B.Desmond Premises Affected: 1775 Great Pond Road,North Andover,MA 01845,within the Residential 1(RI)Zoning District,Assessors Map 35,Lot 3. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Section 4.136. So as to allow: the extension of the Town water and sewer networks to the existing residential dwelling and approved carriage house in the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE the Special Permit for the Watershed Protection District,based upon the following conditions: Lincoln Daley,Town Planner Richard Nardella,Chairman John Simons,Vice Chairman James Phinney,Clerk Alberto Angles Jack Green Richard Rowen,Alternate cc: Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief AWEST: Fire Chief A True Copy Applicant P"-"q Engineer Town Clerk Assessors/Abutters BOARD OF APPEALS 688-9541 BUILDING 688-9545 COtVI'kjjf0P1688-9530 HEALTH 688-9540 PLANNING 688-9535 The public hearing on the above referenced application was opened and closed by the North Andover Planning Board on September 20, 2005. John Desmond, owner and applicant appeared before the Planning Board. On September 20, 2005, Alberto Angles made and James Phinney seconded, a motion to grant a Watershed Special Permit to extend the Town sewer network to the existing residential dwelling and approved carriage house within the Non-Disturbance and Non-Discharge 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 John Desmond of 1775 Great Pond Road, North Andover, MA 01845. 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 Planning Board voted on the motion by a vote of 5-0 in favor. 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. Appendix A 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 the Planning Board makes the following FINDINGS OF FACT: 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 Planning Board bases this finding on the following facts: a) The intent of this application is to connect both structures to the Town's water and sewer network. 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 extend the Town water and sewer lines to both structures. e) The construction of each utility extension has been reviewed by the Division of Public. Works, Town Planner, and Conservation Department and determined there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Non-Disturbance and the Discharge Zones for any discharge, structure or activity. Page 2 of 4 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; 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. 7) The sewer and water lines will be done in accordance with the guidelines set forth by the Division of Public Works. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) 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 issuance of a building permit: a) A performance guarantee of one-thousand ($1,000.00) 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 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. c) No pesticides, fertilizers or chemicals 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. Page 3 of 4 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. 4) 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#9. 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 permit shall be deemed to have lapsed after a two- (2) year period from the date September 20, 2007 on which the Special Permit was issued, unless substantial use or construction has commenced. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Plan of Land Location 1775 Great Pond Road North Andover,Massachusetts 01845. Prepared for: John Desmond Prepared by: Scott L.Giles Frank S.Giles Surveying 50 Deermeadow Road North Andover,MA 01845 Scale: 1"=30' Date: September 12,2005,Revised September 14,2005 Sheets: 1 C= o -� -V c'Yr n nn ) W � ,::-�d -vim tom'►► ' mc ©O -a -n .F" m Page 4 of 4