HomeMy WebLinkAboutDecision - 1831 GREAT POND ROAD 6/4/2013 ♦ y
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o Community Development and Services Division T
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ss^CHUS� MASSAGa; !S�"i i S
North Andover,Massachusetts 01845
NOTICE OF DECISION
This is to oersfy that twenty(20)days
An appeal shall be filed have elapsed from date of decision,flied
Y pl? without filing of an app al.
within (20)days after the j oaten
date of filing this notice in
Joyce wn Cie aw
the office of the Town ClerL
Date: June 4,2013
Date of Hearings:April 16,2013,May 7,
2013,June 4,2013
Date of Decision: June 4,2013
Petition oh Anthony Scuito,15 Copley Road,North Andover,MA 01845
Premises Affected: 0 Great Pond Road,North Andover,Massachusetts,01845.
Assessor's Map 35,Parcel 38 and located in the Residential 1 Zoning District.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw,Sections 4.136.3.e.ii.6&10.3.
So as to allow the construction of a single family dwelling unit, a driveway, installation of utilities and
associated grading on an undeveloped parcel within 100 feet of a wetland and of Lake Cochichewick in
the Non-Disturbance Zone of the Watershed Protection District.
After a public hearing given on the above date, and upon a motion by R Rowen and 2nd by
D.Kellogg to APPROVE the Watershed Special Permit for the Watershed Protection District
as amended and based upon the following conditions. Vote was 6 — 0 in favor of the
application.
ning Board
ohn Simons
Richard Rowen
Michael Colantoni
Lynne Rudnicki
Lora McSherry ,?
, I
Dave Kellogg
ATTEST,.
A Tr-ue-Cepy --:
Tov✓n,Clerk
Bk 13528 Pg278 #18433
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0 Great Pond Road Map 35 Lot 38
Watershed Special Permit—Construction of New Single Family Residence
June 4,2013
The public hearing on the above referenced application was opened on April 16,2013 closed by the North
Andover Planning Board on June 4,2013,
On June 4,2013,upon a motion made by R.Rowen and seconded by D. Kellogg to GRANT a Watershed
Special Permit for the construction of a single family dwelling unit with a driveway, installation of
utilities and associated grading and the installation of stormwater management system on an undeveloped
parcel within 100 feet of a wetland and of Lake Cochichewick, in the Non-Disturbance Zone of the
Watershed Protection District under the requirements of Section 4.136.3.c.ii.6 & 10.3 of the North
Andover Zoning Bylaw. The total amount of impervious area to be created is 5,716 sq. ft. This Special
Permit was requested by Anthony Scuito,North Andover,MA 01845 on March 13,2013. 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 this decision.
The Planning Board vote was unanimous. 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 is met. This decision specifically stated by the Planning Board makes the following
FM)NGS 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 project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick, however the final design reflects extensive discussions between the Town
and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare
of the residents of North Andover.
b) On April 9,2013,the project received a variance from the Town of North Andover Zoning Board
of Appeals, as required by the Town of North Andover's Zoning Bylaw, to construct a new
structure in the Non-Disturbance Zone. The Zoning Board found that owing to circumstances
related to soil conditions, shape or topography of the land, that literal enforcement of the
provisions of the Bylaw would involve substantial hardship,financial or otherwise.
c) The applicant provided the ZBA with two alternatives for the location of the structure. One
alternative was to build the structure outside of the Non-Disturbance Zone. The design would have
required a total disturbed area of 37,300 sq. ft. and a driveway of 590 ft. The proposed project will
disturb 19,115 sq. ft. and will have a driveway of 130 f1. Although the alternative would have
provided less disturbance within the Non-Disturbance Zone, its location at the rear of the lot would
have required cutting into a steep slope and more overall land disturbance.
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Bk 13528 Pg279 #18433
e ,
0 Great pond Road Map 35 Lot 38
Watershed Special Permit—Construction of New Single Family Residence
June 4,2013
d) The proposed construction will take place within the first 250 feet of the parcel, on an area of the
parcel that has the least amount of grade changes. By locating the proposed building on relatively
flat terrain,the applicant avoids disturbance of the steep slope that exists on the remaining portion of
the parcel. The project also includes extensive mitigation of run-off, using Best Management
Practices that are described in item 1.c of this decision.
e) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston,and with the application of the erosion control measures and modifications to the drainage
and stormwater management designs, the consultant concluded that there will not be significant
degradation to the quality or quantity of water in or entering Lake Cochichewick.The site drainage
system and storm water management design are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices. The plan has been reviewed by
the outside consulting engineer, Lisa Eggleston,as evidenced by correspondence dated April 22,
2013 and May 29,2013. Further, adequate safeguards have been provided to mitigate pollutants
from entering Lake Cochichewick through the installation/implementation of the following Best
Management Practices relative to a single-family dwelling:
i) The new project will create 5,716 sq,ft.of new impervious area that will include the dwelling
unit, an attached garage and driveway. All of the roof runoff will be routed to 5 concrete
drywells,surrounded by a 12"stone trench. The driveway will contain water stops to control
the flow of runoff,and runoff will also be infiltrated into a stone trench along the side of the
driveway.
ii) The entrance to the property has been narrowed to allow for the driveway to be constructed
and to limit tree clearing.
iii) A landscaping plan has been proposed which limits lawn area and defines the type of
plantings. Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be noted on the deed.
iv) The limit of work and clearing has been marked on the plan to be as close to the proposed
dwelling unit as possible. Limits on new lawn areas will be described within the SPECIAL
CONDITIONS section of this decision. A deed restriction will be recorded to limit any
further clearing on the lot.
f) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The
lot was created through the ANR process and was signed by the Planning Board on June 19,2001
and is subject to the Conservation Zone,as described in section 4.136.2.Table 1,however,there is a
note on the plan approved by the ZBA stating that no new parcels were created in 2001 and that the
"subject property was created prior to 1984."
g) The existing structure is connected to the Town sewer and water systems.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge,structure or activity.
3) In addition,in accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board
makes the following FINDINGS OF FACT:
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;
3
Bk 13528 Pg280 #18433
v �
4 Great Pond Road Map 35 Lot 38
Watershed Special Permit—Construction of New Single Family Residence
June 4,2013
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proposed project;
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
SPECIAL CONDITIONS:
1)Permit Definitions:
a) The"Locus"refers to the 94,845 sq.ft. parcel of land with frontage on Great Pond Road as
shown on Assessors Map 35,Parcel 38,and also known as 0 Great Pond Road,North Andover,
Massachusetts.
b) The"PIans"refer to the plans prepared by Christiansen&Sergi,Inc.,dated March 21,2013 and
revised to May 17,2013,entitled"Site PIan of Land Great Pond Road located in North Andover,
MA".
c) The"Project"or"0 Great Pond Road"refers to the construction of a single family dwelling unit,
a driveway,and installation of utilities and associated grading on an undeveloped parcel within
100 feet of a wetland and of Lake Cochichewick in the Non-Disturbance Zone of the'Watershed
Protection District.
d) The"Applicant"refers to Anthony Scuito,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, including changes to the
landscaping. Any changes deemed substantial by the Town Planner would require a public hearing
and modification by the Planning Board.
3) Any increase in impervious surface shall require a Special Permit from the Planning Board.
4) Prior to the endorsement of the Plan
a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
i) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free.
ii) The"Limit of Clearing"will be noted on the plan and no further clearing will be allowed on the
parcel. This limitation shall be noted in the deed.
b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
5) Prior to the start of construction or the issuance of a building permit:
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Bk 13528 Pg281 #18433
0 Great Pond Road Map 35 Lot 38
Watershed Special Permit—Construction of New Single Family Residence
June 4,2013
a) A performance guarantee bond of eight thousand dollars ($8,000.00) 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.
i. The applicant may request up to one half of the bond funds to be released once the site is
stabilized,which will include the installation of the foundation,the driveway and the drywells.
The site must be inspected by the Town Planner and a vote must be taken by the Planning Board
to approve the release of funds.
ii. The remaining funds will be released when the project is complete and after an as-built has been
submitted. The final release will require that the applicant meet the condisions as outlined in
section 6.a of this decision
b) The applicant shall designate an independent Construction Monitor who shall be chosen in
consultation with the Planning Department staff. The Construction Monitor shall submit weekly
reports during the entire duration of the project and must be available upon four(4)hours notice
to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of
reports upon review of such a request from the applicant.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
d) A pre-construction meeting must be held with the developer,their construction employees,Planning
Department and Building Department(and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
e) Any new landscape area will be confined to that which is indicated on the Plan. The soil should have
a minimum of 6 inches of topsoil and where possible,native vegetation should be planted.Fertilizers
are limited to those which are either organic or slow-release nitrogen and phosphorous-free.
6) Prior to final 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 and
must be provided in paper form as well as in SDF (Standard Digital File)format. The applicant
must also submit a letter from the architect and engineer of the project stating that the building,
landscaping,lighting and site layout substantially comply with the plans referenced at the end of this -"
decision as endorsed by the Planning Board. This as-built plan shall be submitted to the Town
Planner for approval.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
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
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Bk 13528 Pg282 #18433
0 Great Pond Road Map 35 Lot 38
Watershed Special Permit—Construction of New Single Family Residence
June 4,2013
10)This Special Permit approval shall be deemed to have lapsed on June 4,2015 (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,
11)This decision must be filed with the Essex North Registry of Deeds. The following information is
included as part of this decision:
Plan titled: "Site PIan of Land Great Pond Road located in North Andover,MA."
Prepared for: Marguerite and Anthony Scuito
15 Copley Road
North Andover,MA 01845
Prepared by: Christiansen and Sergi,Inc.
160 Summer Street
Haverhill,MA 01830
Scale: 1"=40'
Date: March 21,2013,revised to May 30,2013.
Sheets: 2
Plan Titled: Landscape Plan
Prepared for: Marguerite and Anthony Scuito
15 Copley Road
North Andover,MA 01845
Prepared by: Christiansen and Sergi,Inc.
160 Summer Street
Haverhill,MA 01830
Date: May 30,2013
Elevations:
Prepared by: Architecture Residential Design
80 Merrimack Street,Suite 17
Haverhill,MA 01830
Sheets: 1-6
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
6
Bk 13528 Pg283 #18433
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ASSESSOR'S MAP 35 LOT 38
SPECIAL PERMIT PLAN
GREAT POND ROAD
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