HomeMy WebLinkAboutDecision - 5 VILLAGE WAY 12/3/2007 -��0-
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Division of Community Development 2007 DEC - P
30 AV.. 0'� 1600 Osgood Street
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North Andover,Massachusetts 01845
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NOTICE OF DECISION
This is to Mrffly that twenty(20)days
have elapsed from date of decision,filed
without filing of an eal.
Date
Any appeal shall be filed Joyce .Bradshaw
within (20)days after the Town Clerk
date of filing this notice in
the office of the Town Clerk,
Date: December 5,2007
Date of Hearings: November 6,2007 through
December 4,2007
Date of Decision: December 4,2007
Petition of. Danielle&David Dellovo, 5 Village Way,North Andover,MA 01845
Premises Affected: 5 Village Way,North Andover,MA 01845,Assessor's Map 104C,Parcel Ill
and within the Residential I Zoning District.
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-. to construct a 1,298 sq. ft. attached garage and house addition, in ground pool and deck
totaling 1,575 sq. ft., driveway extension totaling 2,466 sq. ft., installation of storm water management
system,and related grading and landscape work within the 325 ft.Non-Discharge Buffer Zone.
After 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:
North Andover Plan%ing Board
Richard Nardella,Chairman
John Simons,Vice Chairman
Alberto Angles,Clerk
Richard Rowen
Jennifer Kusek
Tim Seibert
ATTRST,
True Copy
Town Clerk
5 Village Way,North Andover,Map 104C,Parcel 111
Watershed Special Permit—Construction of House Addition,Garage,
Driveway Improvements,and Pool
December 4,2007
The public hearing on the above referenced application was opened November 6, 2007 and closed by the
North Andover Planning Board on December 4, 2007. Benjamin Osgood, Jr., P.E., New England
Engineering Services,Inc. was present and represented the applicant.
On December 4, 2007, upon a motion made by John Simons and 2nd by Alberto Angles, the Planning
Board voted to GRANT a Watershed Special Permit to construct a 1,298 sq. ft. attached garage and house
addition, in ground pool and deck totaling 1,575 sq. ft., driveway extension totaling 2,466 sq. ft.,
installation of storm water management system, and related grading and landscape work within the 325 ft.
Non-Discharge Buffer Zone, under the requirements of Section 4.136 & 10.3 of the North Andover
Zoning Bylaw. This Special Permit was requested by Danielle &David Dellovo, 5 Village Way,North
Andover,MA 01845 on October 5, 2007.
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 6-0. 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 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 structures will be connected to the Town sewer and water systems from Village Way;
B) The topography of the site will not be altered substantially and will be located outside of the 100'
Non-Disturbance Buffer Zone.
C) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed
house additions and garage,driveway extension,and pool as shown on the plan;and
D) A deed restriction will be placed restricting the types of chemicals(fertilizers,pesticides, herbicides,
salts)that can be used on site.
E) The filtration system being proposed for the pool shall be a non-backwash type cartridge system and
the pool water sanitation system is a chemically free design that treats pool water with a dual
purification system using ionization and ozonation. Use of this particular type of filtration system
will be placed in the deed. Any cleaner used for the filter will remain on site.
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5 Village Way,North Andover,Map 104C,Parcel 111
Watershed Special Permit—Construction of House Addition, Garage,
Driveway Improvements,and Pool
December 4,2007
F) The construction of the single-family residence and pool has been reviewed by the Town's
independent review consultant and Town Planner and determined that there will be no degradation to
the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick.
2) There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure
or activity. The location of the proposed pool, garage, driveway extension, and house additions were
designed to maintain the functionality of property while minimizing the impact to the environment
and neighboring properties.
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 uses will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District
and are accessory uses to an existing single-family dwelling;
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.
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 131,902 sq. ft. parcel of land with legal frontage on Village Way as
shown on Assessors Map 104C, Parcel 111, and also known as 5 Village Way, North Andover,
Massachusetts.
B) The"Plans"refer to the plans prepared by New England Engineering Services, Inc. dated July 2,
2007, revised November 29, 2007 entitled "Watershed District Special Permit Plan, 5 Village
Way,North Andover,MA,Assessors Map 104C, Block 0111, Lot 000.0"and consisting of Sheet
1 of L
C) The "Project" or "5 Village Way" refers to construct a 1,298 sq. ft. attached garage and house
addition,in ground pool and deck totaling 1,575 sq. ft., driveway improvements totaling 2,466 sq.
ft. driveway, installation of storm water management system, related grading and landscape work,
and other improvement shown on the"Plans"as defined above.
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5 Village Way,North Andover,Map 104C,Parcel l 11
Watershed Special Permit—Construction of House Addition,Garage,
Driveway Improvements,and Pool
December 4,2007
D) The "Applicant" refers to Danielle Dellovo, 5 Village Way, North Andover, MA 01845, 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 any Work on Site:
A) A performance guarantee bond of three thousand dollars($3,000.00)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) 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 and Conservation Department.
C) 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 as part of the approved Watershed Special Permit for this project.
D) The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission, Board of Health,Zoning Board of Appeals and the Depwitment of Public
Works and be in compliance with the above permits and approvals.
4) Prior to issuance of a building permit:
A) The Planning Board must endorse the final site plan mylar and three copies of the signed plans
must be delivered to the Planning Department.
B) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the
recorded decision must be submitted to the Planning Department.
C) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake
Cochichewick or within 325' of wetland resource areas. 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.
D) The pool filtration system proposed is a non-backwash type cartridge system and the pool water
sanitation system is a chemically free design that treats pool water with a dual purification system
using ionization and ozonation. This filtration system must be incorporated into the deed and use
of this system or its equal or better must be used in perpetuity on the site. Changes of the type of
pool filtration system used must be reviewed and approved by the North Andover Planning
Board. Failure to comply with this condition will result in revocation of the Special Permit.
E) The Applicant shall provide a detail of the proposed pervious pavement, including materials,
dimensions/thicknesses and specifications for the porous asphalt mix to the Planning Department
for final review and approval.
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5 Village Way,North Andover,Map 104C,Parcel 111
Watershed Special Permit—Construction of House Addition,Garage,
Driveway Improvements,and Pool
December 4,2007
F) The Applicant shall provide written verification that there is a 2-foot separation between annual
high groundwater and the bottom of the infiltration system. Further, the final plans shall be
revised to include all engineering details and information relating to the test pits.
5) Prior to the issuance of a certificate of occupancy:
A) Foundation Plan: Immediately upon completion of the pool foundation and prior to further
construction activities associated with the site, the applicant shall complete a plan prepared by a
Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation
location and its proximity to wetland resource areas and watershed buffer zones as shown on the
approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to
verify that the setback limits under the special permit have been met.
6) Prior to release of the Performance Bond:
A) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer or Land
Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography,
storm water mitigation structures and other pertinent site features. This as-built plan shall be
submitted to the Town Planner and the Department of Public Works 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.
7) 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#12.
8) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
10) 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.
11) This Special Permit approval shall be deemed to have lapsed December 4, 2009 (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.
12) 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: Watershed Special Permit Plan
5 Village Way
North Andover,Massachusetts
Assessors Map 104.C,Block 0111,Lot 000.0
Prepared for: Danielle Dellovo
5 Village Way
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5 Village Way,North Andover,Map 104C,Parcel 111
Watershed Special Permit—Construction of House Addition,Garage,
Driveway Improvements,and Pool
December 4,2007
North Andover,Massachusetts
Prepared by: New England Engineering Services,Inc.
1600 Osgood Street,Building 20, Suite 2-64
North Andover,MA 01845
Scale: 1"=30'
Date: July 2,2007,Revised 11/26/07
Sheets: 1
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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