HomeMy WebLinkAboutDecision - 500 GREAT POND ROAD 7/23/2003 OORTH
Town of North Andover
office of the Planning Department
Community Development a nd Services Division
27 Charles Street
North Andover,Massachusetts 01845 P (978)688-9535
�rthandover.com
planning Director. ht!p://www.townofnorth ctoverC
F (978)688-9542
J.Justin Woods 'woods@townofnorthandover.com
OF DECISION
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Assessors
500 Great Pond Road Map 63,Lot 12
North Andover Country Club
Watershed Special Permit
d application was opened by the North Andover planning Board on
above reference
The public hearing on the Member, and John Bresnahan, IP
m Childs, NACC lican M
March 25, 2003 and closed on July 22, 2003. To
Specialist of Turfgrass Environmental consultants represented the appt.
and Mr.White seconded,a motion to grant a Watershed Special
On July 22,2003,Mr.Nardella made, 40 square foot addition to the existing
Permit to allow for the construction of a bathroom within and a 3
garage.) related site improvements and landscaping AND the installation of a 128 square foot self
idential-I Zoning District and the Non-Disturbance
contained chemical storage facility within the Res f Section 4.136& of the North
Zone of the Watershed Protection District,under the requirements 0 r,Country Club, 500
Andover Zoning Bylaw. This Special Permit was requested by the by North Andove e
MA, 01845. The original application, excluding revis d documentation, as
Great Pond Road,North Andover, 2003 with subsequent subti-tittals
with the Planning Board on submitted on February 21,
cited herein, was filed w was noticed and reviewed in accordance with
on file. The applicant submitted a complete application, which 9. The motion to
Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section
approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix
A to this decision. motion by a vote of 4 in favor to 0 against. A special permit issued by a
The Planning Board voted on the ers of a five-member board. See MGL
special permit granting authority requires a vote of at least four memb Accordingly, the
.3(5) of the aowr of North Andover Zoning Bylaw. Accord
Chapter 40A, Section 9 and Section 10 on
s,
for the Watershed Special Permit is ppove d with the attached conditio s.
ed that should the applicant disagree with this decision, the applicant has
The applicant is hereby notified
Chapter 40A, Section 17, to appeal to this decision within twenty days after the
the right, under MGL
date this decision has b een filed with the Town Clerk.
Respectfully Submitted:
J f Woods
* Woods,Planning Director
,
for the North Andover Planning Board:
Alberto Angles,Chairman
George White,Vice Chairman
Felipe Schwarz,Clerk
Richard Nardella
500 Great Pond Road Assessors
North Andover Country Club Map 63,Lot 12
Watershed Special Permit
July 23,2003
Page 2 of 4
Appendix A
In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific
criteria,are met. Specifically the Planning Board makes the following FINDINGS OF FACT:
1. The North Andover Country Club has been operated at the same location since 1921. Accordingly, the Board
finds that the Lot was created prior to October 24, 1994.
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 proposed addition is less than 25% of the existing structure and the building containing the bathroom
will be connected to the Town sewer system.
b. The Chemical facility will be placed on a 12 inch layer of 3/4 inch stone to allow dispersion and
infiltration of water run-oIE
C' The Integrated Pest Management(IPM) Plan will limit the types of fertilizers that can be stored and used
on the site. Additionally, the Applicant has agreed to apply for membership in the Audubon Cooperative
Sanctuary Program for Golf Courses and become a Certified Audubon Cooperative Sanctuary within
three years of the issuance of this permit.
d. Written certification has been provided by John Bresnahan, IPM Specialist of Turfgrass Environmental
Consultants, that the construction of a bathroom within and a 340 square foot addition to the existing
garage, related site improvements and landscaping AND the installation of a 128 square foot self
contained chemical storage facility, will not have an effect on the quality or quantity of runoff entering
the watershed protection district.
e. The construction of the building has been reviewed by the town's outside engineering consultant, VIIB,
and with the application of the erosion and drainage controls and the implementation of the IPM Plan,
there will be no degradation to the quality of water in or entering Lake Cochichewick.
3. The Applicant has demonstrated that while construction occurs in the Non-Disturbance and Non-Discharge
Buffer Zones, there is no reasonable alternative to constructing the facilities outside the Buffer Zones. The
entire site is in the Watershed Protection District, the addition of the garage must be adjacent to the existing
building, and the proposed chemical storage facility requires close proximity to the maintenance facility to
reduce over-land transport of fertilizer and pesticide materials.
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;
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 proposed use is allowed in the I-2 District,and conforms to the applicable dimensional criteria.
6. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent ofthe North Andover Zoning Bylaw.
500 Great Pond Road Assessors
North Andover Country Club Map 63,Lot 12
Watershed Special Permit
July 23,2003
Page 3 of 4
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following
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 Titled: Great Pond Road
Prepared For: North Andover Country Club
Prepared By: Frank Giles Surveying
50 Deermeadow Road
North Andover,MA 01845
Sheets: 1
Scale: 1 inch=40 feet
Dated: June 28,2002,last revised June 2,2003
b. Report/Plan Titled: Integrated Pest Management Plan stamped received June 17,2003
Prepared For: North Andover Country Club
Prepared By: John Bresnahan,IPM Specialist
Turfgrass Environmental Consultants
47 Falmouth Road
Longmeadow,MA 01106
c. 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 two thousand dollars ($2,000) 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. The limit of work as shown on the plan by the erosion control line must be marked in the field and
must be reviewed and approved by the Town Planner.
c. All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner.
d. The site shall have received all necessary permits and approvals from the North Andover Conservation
Commission, Board of Health, and the Department of Public Works and be in compliance with the above
permits and approvals.
e. All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public
Works.
f. All pesticides, fertilizers or chemicals shall be used in accordance with the approved IPM Plan. 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.
3. Prior to a Certificate of Occupancy:
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.
500 Great Pond Road Assessors
North Andover Country Club Map 63,Lot 12
Watershed Special Permit
July 23,2003
Page 4 of 4
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# 1.
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 on July 23, 2005 (two years from the date
permit granted)unless substantial use or construction has commenced. Substantial use or construction will
be determined by a majority vote of the Planning Board.
9. The Planning Board determined that the following waivers from Section 4.136 of the Zoning Bylaw are
reasonable given the specific circumstances of this project and have no material adverse impact on the
overall intent of the aforementioned Zoning Bylaw and therefore have been GRANTED:
a. Section 4.136.4.c.iii requiring written certification by a professional engineer. After reviewing his
curriculum vitae,the Board accepts Mr.John Bresnahan's as an IPM Specialist in lieu of this requirement.
b. Section 4.136.3.a.3.iii.21 prohibiting the storage of chemicals within the Non-Discharge Buffer Zone.
The proposed chemical storage facility complies with federal and state guidelines for the storage of
pesticides and the North Andover Fire Prevention Officer has reviewed the plans for this storage unit
and does not have any safety concerns.
CC. Community Development Director
Conservation Administraton,,-
Director of Public Works u—
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessors
Applicant
Engineers-°
Abutters
Clerk
File