HomeMy WebLinkAboutDecision - 858 GREAT POND ROAD 3/15/2011 Essex Worth Land Court Resisr'fly
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Town of North Andover
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Office of the Planning Department
Community Development and Services Divisio
IV 1600 Osgood Street
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North Andover,Massachusetts 01845
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of an appeal.
Any appeal shall be riled Date-4,QP-,jj,.2d11
within (20) days after the Joyce k-braidihaw
date of filing this notice in Town Clerk
the office of the Town Clerk.
Date: March 15,2011
Date of Hearings: March 1, 2011, March
15, 2011
Date of Decision: March 15, 2011
Petition of: Gay and David Tracy,858 Great Pond Road,North Andover,MA 01845
Premises Affected: 858 Great Pond Road,North Andover,Massachusetts,01845.
Assessor's Map 103,Parcel 36 and located in the Residential I Zoning District.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Sections 4.136& 10.3.
So as to allow the expansion of an existing dwelling unit, from one story to two stories, to allow a one-
story addition to the rear of the dwelling unit and to expand the existing 2-car garage to a three car garage,
with a roofed walkway connecting the garage to the dwelling unit, and the installation of stormwater
management system within the 250 foot Non-Disturbance Zone of the Watershed Protection District.
Amer 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:
Ljlwl
ranning Board
ckey Glover,Alternate
Timothy Seibert
Michael Colantoni
@ Courtney LaVolpicelo
5 7011
NORTil ANDOVER
PLANNNG DEEPARTMEN1
A'PTEM
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A-
'town Clerk
858 Great Pond Road Map 103 Lot 36
Watershed Special Permit—Addition to Single-Family Residence
March 15,2011
The public hearing on the above referenced application was opened on March 1,2011 closed by the North
Andover Planning Board on March 15,2011.
On March 15, 2011 upon a motion made by C. LaVolpicielo and seconded by M. Colantoni to GRANT a
Watershed Special Permit for the expansion of an existing dwelling unit from one story to two stories, to
construct a one-story addition to the rear of the dwelling unit and to expand the existing 2-car garage to a
three car garage, with a roofed walkway connecting the garage to the dwelling unit, and the installation of
stormwater management system within the 250 foot Non-Disturbance Zone of the Watershed Protection
District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. The total
amount of impervious area to be created is 546 sq. ft. This Special Permit was requested by David and
Gay Tracy, 858 Great Pond Road, North Andover, MA 01845 on January 28, 2011. 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 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.
hi 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 project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. 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) 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, and result in an improvement
over existing conditions. The plan has been reviewed by the outside consulting engineer, Lisa
Eggleston, as evidenced by a letter fi-om L. Eggleston dated February 17, 2011 and letters from
Sullivan Engineering Group dated January 28, 2011 and February 24, 2011 respectively. 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:
2
858 Great Pond Road Map 103 Lot 36
Watershed Special Permit—Addition to Single-Family Residence
March 15,2011
i) The new addition will create 546 sq. ft. of new impervious area, for a total of 2,526 sq. ft. of
impervious area for the dwelling unit. All of the roof runoff will be routed to two infiltration
wells so that the stormwater runoff for entire roof area of the dwelling unit, including the new
addition, will be recharged, where currently there is no stormwater management for the
existing structure.
ii) There will be a crushed stone drip trench installed at the rear of the garage to collect runoff
from that structure.
iii) No new lawn area is being proposed and there will be no tree-cutting required for
construction.
iv) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be noted on the deed.
c) 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 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;
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 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
SPECIAL CONDITIONS:
1)Permit Definitions:
a) The"Locus"refers to the 183,388 sq. ft. parcel of land with frontage on Great Pond Road as
shown on Assessors Map 103, Parcel 36, and also known as 858 Great Pond Road,North
Andover, Massachusetts.
b) The"Plans"refer to the plans prepared by Sullivan Engineering Group, dated January 25, 2011
and revised to February 23, 2011, entitled "Proposed Site Development Plan, located in North
Andover, MA. (Essex County) prepared for David and Gay Tracy".
c) The"Project"or"858 Great Pond Road"refers to the expansion of an existing dwelling unit,
from one story to two stories, to allow a one-story addition to the rear of the dwelling unit and to
expand the existing 2-car garage to a three car garage,with a roofed walkway connecting the
3
858 Great Pond Road Map 103 Lot 36
Watershed Special Permit—Addition to Single-Family Residence
March 15,2011
garage to the dwelling unit, and the installation of stormwater management system within the 250
foot Non-Disturbance Zone of the Watershed Protection District.
d) The"Applicant"refers to David and Gay Tracy,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 issuance of a building permit:
a) A performance guarantee bond of four thousand dollars ($4,000.00) 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
C) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-
free. 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.
4) 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 finding that the site is in conformance with the
approved plan.
5) No open burning shall be done except as is permitted during burning season tinder 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.
8) This Special Permit approval shall be deemed to have lapsed March 15, 2013 (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.
9) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
4
858 Great Pond Road Map 103 Lot 36
Watershed Special Permit—Addition to Single-Family Residence
March 15,2011
a) Plan titled: "Proposed Site Development Plan, located in North Andover,MA. (Essex
County)prepared for David and Gay Tracy"
Prepared for: Gay and David Tracy
858 Great Pond Road
North Andover,MA 01845
Prepared by: Sullivan Engineering Group
22 Mount Vernon Road
Boxford, MA 01921
Scale: 1"=20'
Date: January 25, 2011 and revised February 23, 2011.
Sheets: 2
Architectural: Expansion Overview
Prepared by: Sidney Graves
25 Lime Street
Newburyport,MA 01950
cc: Director-of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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