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HomeMy WebLinkAboutDecision - 38 SAILE WAY 3/5/2002 r Town own of North Andover µORT Office of the Planning Department Community Development and Services Division r w %X 27 Charles Street ° North Andover, Massachusetts 01845 �'�s'"^°''`try 4ACHUSE Telephone (978)688.9535 Fax (978) 688-9542 o '- Notice Of Decision Any appeal shall be filed �' _``rn r, Within (20) days after the �- Date of filing this Notice ° CD rn°C' In the Office of the Town v° Clerk N Date: March 5, 2002 Date of Hearing: March 4, 2002 Petition of Salvatore and Marie Vaudo Premises Affected: 38 Saile Way,North Andover,MA 01845 Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136. So as to allow: the construction of an inground swimming pool with surrounding deck, patio and cabana within the Non-Discharge Zone of the Watershed Protection District. After a public hearing given on the above date,the Planning Board voted to APPROVE, the Special Permit for Watershed Protection District, based upon the following conditions: Signed: Jo Si s, C airman Cc: Applicant A rto Angles,Vice Chairman Engineer Richard Nardella, Clerk Abutters Richard Rowen DPW Building Department George White Conservation Department Health Department ZBA BOARD UR APPEALS 688-9541 BUILDING 633-9545 CONSERVATION 633.9530 HE,lL'n1 633-9540 PLANNING 638-9535 38 Saile Way Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of Salvatore and Marie Vaudo, 38 Saile Way, North Andover, MA, 01845, submitted on January 4, 2002, requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the construction of an inground swimming pool with surrounding deck, patio and cabana within the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: 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. Specifically the Planning Board finds: 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 its findings on the following facts: a) The existing dwelling is connected to the Town sewer system; 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. e) The construction the pool has been reviewed by the town's outside engineering consultant,VHB,and with the application of the erosion control,there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. No increase of nitrogen in groundwater will occur from this proposed project, and no increase of down gradient concentrations of nitrogen, phosphorous,or other relevant chemicals will result from this project. 2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed project, as almost the entire lot is located within the Non-Discharge 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 storm water 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; 3 f 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; e) 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 conditions: 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: Lot 1 Great Pond Estates 38 Scile Way North Andover,MA Prepared by: Civil Construction Management Inc. 8 Merrimac Road,Box 225 Newton,NH 03858 Scale: 1"=40' Date: 12/20/01 revised 2/14/02 b) 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 FORM U verification: a) A performance guarantee of two thousand ($2000) 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) The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply are prohibited in accordance with the Zoning Bylaw Section 4.136biii. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Town Planner and included in the file. '.X d) The pool will be equipped with disposable non-backwash filter cartridges. No back washing of the pool that would use any of the prohibited chemicals sited in Section 4.136biii of the North Andover Zoning Bylaw shall be allowed. The Town Planner must approve the final design for the pool prior to a building permit being issued. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Planning Board and included in the files. e) The applicant will provide the Town Planner with structural drawings for the swimming pool. 3) 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 fording that the site is in conformance with the approved plan. c) An As-Built Plan stamped by a Registered Professional Engineer in Massachusetts must be submitted demonstrating that the pool has been equipped with disposable non-backwash filter cartridges and that the proposal was built in accordance with the approved plans dated 12/20/01 revised 2/14/02. 4) 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# 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,it's employees and all successors and assigns in interest or control. S) This permit shall be deemed to have lapsed after a two- (2) year period from the date, March 5, 2004 on which the Special Permit was granted unless substantial use or construction has commenced. cc. Applicant Engineer File DECLARATION OF RESTRICTIONS DECLARATION made this sixteen day of May, 2002, by Marie L. Vaudo of North Andover, Essex County, Massachusetts, hereinafter "the Owner' . WHEREAS, the Owner owns the real property numbered 38 Saile Way in said North Andover, shown as Lot 1 on a plan recorded with Essex North District Registry of deeds as plan No.97023-SP and being the premises described in a deed recorded with said Registry, Book 4773, Page 223; and WHEREAS, the Planning Board of said Town has approved a Special Permit for Water Shed Protection District from the requirements of the North Andover Zoning Bylaw, Section 4.136, which approval is described in Notice of Decision dated March 5, 2002 and recorded simultaneously herewith; and WHEREAS, said Approval is subject to the imposition of certain restrictions on the deed of the Owner: NOW, THEREFORE, the Owner hereby declare that said property is and shall be subjects to the following restrictions, all of which shall run with the land: 1 . The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply are prohibited in accordance with the Zoning Bylaw section 4.136biii. 2. The pool will be equipped with disposable non backwash filter cartridges. No back washing of the pool that would use any of the prohibited chemicals sited in section 4.136biii of North Andover zoning Bylaw shall be allowed. Executed as a seal instrument this sixteen day of May 2002. Marie L. Vaudo COMMONWEALTH OF MASSACHUSETTS ESSEX, SS, MAY 16, 2002 Then personally appeared the above named Marie L. Vaudo and acknowledged the foregoing instrument to be their free act and deed, before me, Notary Public