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HomeMy WebLinkAboutDecision - 316 GREAT POND ROAD 5/6/2014 - 138 6 t=°o 336 �1 a . FORTH Town of North Andover 1-02 •`�� � '` 0% Office of the Planning Department c° Community Development and Services Division <etniMSwK 'H �� °��*,°•:*sag 1600 Osgood Street SSACHUSB North Andover,Massachusetts 01845 NOTICE OF DECISION This is to certify that twenty(20)days have elapsed from date of decision,filed Any appeal shall be filed without filing an ap al. within 20 days after the Joyce X Brads af w' Y Town Clark date of filing this notice in the office of the Town Cleric. Date: May 6,2014 Date of Hearings: April 15,2014 Date of Decision: May 6,2014 Petition of: Bill Karras,316 Great Pond Road,North Andover,MA 01845 Premises Affected: 316 Great Pond Road,North Andover,Massachusetts,01845. Assessor's Map 37A,Parcel 53 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.c.ii.6& 10.3. So as to allow the installation of an inground swimming pool, patio, shed, fence, landscaping and associated grading and utilities within 100 feet of a wetland in the Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by D. Kellogg and 2nd by R. Rowen to APPROVE the Watershed Special Permit as amended and based upon the following conditions. Vote was 5-0 in favor of the application. Planning Board John Simons Richard Rowen Michael Colantoni Lora McSherry Dave Kellogg ATrign A True Copy Towel Clerk 316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Construction of Inground Pool&Patio May 6,2014 The public hearing on the above referenced application was opened on April 15,2014 closed by the North Andover Planning Board on May 6, 2014. On May 6, 2014,upon a motion made by D. Kellogg and seconded by R.Rowen to GRANT a Watershed Special Permit so as to allow the installation of an inground swimming pool, patio, shed, fence, landscaping and associated grading and utilities within 100 feet of a wetland 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. This Special Permit was requested by Bill Karras, 316 Great Pond Road, North Andover, MA 01845 on March 12, 2014. 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 pen-nit 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 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 constriction 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 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. a) 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 stormwater 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 email correspondences dated April 8, 2014 and April 16, 2014. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the instal lation/implementation of the following Best Management Practices relative to an inground pool and patio: i) The new project will create approximately 1,038 sq. ft. of new impervious area that will incliade the pool and the pool deck. All stormwater runoff will be routed to a 2' by 2' infiltration trench on the southeastern side of the pool and the pool patio and the trench has the capacity to store and infiltrate all stormwater runoff. ii) The patio will be constructed using pavers with spaces to allow water flow. iii) Best Management Practices (BMP) will be followed with regard to maintenance of the pool, as stated in the document titled"Swimming Pool Maintenance Requirements" dated April 24, 2014, provided by Sullivan Engineering Group LLC. These BMPs includes maintenance of 2 316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Construction of Inground Pool&Patio May 6,2014 the infiltration trench, proper storage of chemicals and pool draindown procedures.. Discharge of pool water into the town's stonnwater management is strictly forbidden. The "Best Management Practice"document referenced here will be noted in the deed. iv) The limit of work has been marked on the plan to be as close to the proposed construction as possible. No new lawn areas will be created. v) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. The use of pavement sealants is prohibited. These restrictions will be noted on the deed. b) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The lot was created before 1994 and is not subject to the Conservation Zone, as described in section 4.136.2.Table 1. 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 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; 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 54,962 sq. ft.parcel of land with frontage on Great Pond Road as shown on Assessors Map 37A,Parcel 53, and also known as 316 Great Pond Road,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Sullivan Engineering Group LLC, entitled"Site Developinent Plan located in North Andover Massachusetts" c) The"Project"or"316 Great Pond Road"refers to installation of an inground swimming pool, patio, fence, shed, landscaping, and associated grading and utilities within 100 feet of a bordering vegetated wetland in the Non-Disturbance Zone of the Watershed Protection District d) The"Applicant"refers to Bill Karras,the applicant for the Watershed 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 three, which can include but is not limited to the applicant, developer,and owner. 3 316 Great Pond Road Map 37A Lot 53 Watershed Special Permit-Construction of Inground Pool&Patio May 6,2014 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 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 use of pavement sealants is prohibited. iii) Discharge of pool water into the town's stormwater management is strictly forbidden. The "Best Management Practice" document titled "Swimming Pool Maintenance Requirements" and dated April 24,2014 referenced here will 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. 4) Prior to the start of construction or the 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) The applicant shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning Department and Conservation Department staff. The Monitor shall submit weekly reports during the entire duration of the project and must be available upon four (4) hour notice to inspect the site with the Plarming 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,thew construction employees,Planning Department and Conservation Department(and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. e) No new landscape or lawn areas are to be created. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. 5) 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 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 pool installation 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. 4 316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Construction of Inground Pool&Patio May 6,2014 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 under the Fire Departhnent 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 May 6, 2016 (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: Plan titled: "Proposed Site Development Plan located in North Andover,Massachusetts" Prepared for: Bill Karras 316 Great Pond Road North Andover,MA 01845 Prepared by: Sullivan Engineering Group, LLC 22 Mount Vernon Road Boxford, Ma 01 921 Scale: 1"=20' Date: March 5, 2014 Sheets: 1 Plan Titles: Swimming Pool Maintenance Requirements Prepared for: Bill Karras Prepared by: Sullivan Engineering Group LLC Date: April 24, 2014 cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 5 \ LEGEN$ WATERSHED SPECIAL PERMIT ♦ �" Y ./n/rrur r TOWN OF NORTH ANDOVER ♦� \R AI C-, r.[n.xo rr qr,l[u rut PLANNING BOARD V ' � Y 'pgtptft h FRJ Lw[RCpCLw n[CTP,C vBrA _ •' ry d wn ' �-,4Aq Bw BJITGU O wuI I RDA DATE: RF..IRKD rOq RF[AV - L TEMPORARY BENCHMARK CHART' mY a Y •��••r I TR4 d DESCRIPTION (' rL_EV. /d SJR'f/Y` n BAErvfrri Mat5H,T0 10) I HEREBY LEN III Y' THAT THE PROPERTY IWES SHOWN ON THIS PLAN 5 ¢ ANE HIF IINFS DI`00:G[ASPIC OWNERSHIPS.AND THE LINES P`sikcm AND WAYS SHOVN ARF THOSE OF PUBLIC OR PRIVATE W'A�,AI RFA0Y ESTABLISHED, Dy.9 U A D MAT NO NLW LINE',FOR THE DIVi.'.YP11 Pr LOCUS MAP EII OYMERSHIP OR FOR NLW WAYS ARE SHOWN. 4 a[ ISPNG ;,;ALE-1.0001 rP rq MAT MIS PU11 WAS PREPAPED IN E REGDANCE r D Prf\ WE RIl1 FS AND REGULA HPNG OF THE REGIS IHY(1F DEEDS PROF.PLAN71NG LEGEND C&•qM_I.rnuv hu'rtvry Oo.wl-t'HCH(xC0. —v_,rotµ ,'P ,q \/ ,/OHN D.ELtuJ/N[{rr Mir 0.v,vrux GWFI fquuA L.Haul-f H,r llwR,nlx s»YBl-A Iel,r [A[i' .o z• � .H.kas+ell[Frrsr ry+rovw rmnwaNl °rani oa e �A\ °�/ \ s,m lu u.� _—� •xreA[s '`'Ir.UICCVCNi R.11G IaCISSq TO I— cw All SY a[M aC f6)CO x:CMH nI yr(6)to IICS N LOAD I " W LROg4'.G COI I!`r D Fxtt p _1 i0 PlANIr.L v1.YGr uAI BC APPLKC _1 11 CIfN Ixt VJCI[C'.CS O s4 l's,BUi 51U-1 I!0'OC A°PI CO i0 AxlA6 xl Bl IY2FV SHVVtls "N'n j tlM'yl'n"• rnr Po S Tux w mr n.HUxrunrr Mul,axo ,snaa, vryo c.Af<q �+''" . 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SIDE 30 ISE, o ti NPa EAP 3o rrrT SULLIVAN ENGINEERING GROUP, LLC Rt VISIONS Zi AGUW✓EAA'ON ROAD '.P.li,^♦"'SIB. .............. I 9)A)R.S-]8N ..�r-'v,ra�rAru-n rss POOL PATIO DETAIL <ns/Ia PtR.0,RD cwurxrs- .IDs- .us yL11;P7•No. 1 OF 1 .. �+y. F SIl. aa pp 7 3 33 QUITCLAIM DEED 1,Bill Karras, amarried person, of North Andover, Essex County, Massachusetts For nominal consideration in the amount of One Dollar and Zero Cents ($1.00) Grant to Bill Karras and Jessica Karras,husband and wife, as tenants by the entirety, of 316 Great Pond Road,North Andover, Essex County, Massachusetts With QUITCLAIM COVENANTS The land inNorth Andover, Essex County.Massachusetts,with the buildings thereon, being shown as Parcel 'B" on aplan entitled 44Plan of Land in North Andover, Mass., Scle 1"=40' ,Date: August 11, 1986,Prepared for Warren J.&Joya Sideri by Andover Consultants,Inc.",which said Plan is recorded with Essex North District Registry of Deeds as Plan No. 10519.Said parcel is more particularly bounded and described as follows: NORTHEASTERLY by Parcel "A" as shown on said plan, 385.85 feet; EASTERLY and SOUTHEASTERLY in three (3) courses along Great Pond Road, atotal distance of 151.83 feet; SOUTHWESTERLY along land now or formerly of Leland, 247.04 feet; and WESTERLY by land also now or formerly of Leland in two (2) courses, for a total distance of 262.19 feet. Containing 54,962 square feet,more or less,and all of said boundaries being as described on said plan. Subject to a'Right of Way to Lake"as shown on the herein mentioned plan. Restrictions: i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free; ii) The use of pavement sealants is prohibited; iii) Discharge of pool water into the town's storm water management is strictly forbidden. The "Best Management Practice" document title "Swimming Pool Maintenance Requirements" and dated April 24, 2014 referenced herewith. Being the same premises conveyed by Deed of Bill Karras dated March 30, 2012 and recorded with the Essex North District Registry of Deeds at Book 12880,Page 91. Executed as a sealed instrument this l Oth day of June, 2014. �- •ras COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this 10th day of June, 2014, before me, the undersigned notary public, personally appeared Bill Karras proved to me though satisfactory evidence of identification, which was/were [X] Mass. Driver's license(s) or [] , to be the person(s)whose name(s) is/are signed on the proceeding or attached document, and nowledged to me that he/she/they signed it voluntarily for its stated purpose. --_ SUZANNE M.PELICH NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My Comm.Expires June 11,2015 Sullivan Engineering Group, LLC Civil Engineers&Land Development Consultants SWIMMING POOL MAINTENANCE REQUIREMENTS 316 GREAT POND ROAD NORTH ANDOVER, MA 01845 April 24, 2014 CRUSHED STONE INFILTRATON TRENCH The crushed stone infiltration trench along the pool patio edge shall be inspected every six(6) months and after major storms. Debris shall be removed and the top layer of crushed stone shall be inspected for sedimentation. Areas found to be clogged shall be removed and replaced to a depth necessary to assure proper functioning of the trench. STORAGE OF CHEMICALS Pool chemicals shall be stored either inside the pool shed or the basement of the dwelling structure to ensure containment of any spill or drips. POOL DRAINDOWN At the time of pool closure for the season or anytime the pool needs to be drained the water shall not be discharged onsite. The owner shall engage a water hauling company to pump the water and truck the water away. Final disposal of the water by the water hauling company shall be in accordance with all federal and state regulations. Mount Vernon Road Boxford,Massachusetts 01921 — (978)352-7871-Phone — 978 352-7871 -Fax WATERSHED SPECIAL FEMWT TUM OF NORTH ANDOVER FLAMM BOARU hh t CAFR Eau Dmm-=v 'ji }}m ZHE WCFCRTW LOXEY S�TAX 0,1:a%T FE.S�R Ir P. SMIING wMal GUMERSW5� I MCMES rMs WEE or sru_w Wm MA IS SHMMI OETF� C,Fm"c Eix MMM WAS LSE "I EsMzle�wv. 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