HomeMy WebLinkAboutDecision - 316 GREAT POND ROAD 12/16/2014 A.-
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Town of North Andover
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Office of the Planning Department 2014 DEC 23 M2, 31
Community Development and Services Division TGIi,'Hi `1)r:
1600 Osgood Street NORTH �NQQV F il
North Andover,Massachusetts 01845 KASS A(,'HU'iF_
NOTICE OF DECISION
WATERSHED SPECIAL PERMIT MODIFICATWN, to ftrVy that twomoy(20)'Oaly-
have elapsed from date of decision,
Any appeal shall be filed vMtout filing of an a 1p,
within (20) days after the joyoo A.l3radmhAW
date of filing this notice in Tmn Clerk
the office of the Town Clerk.
Date: December 16,2014
Date of Hearings: December 2, 2014;
December 16, 2014
Date of Decision: December 16, 2014
Petition of: Bill Karras
316 Great Pond Road
North Andover,MA 01845
Premises Affected: 316 Great Pond Road
North Andover,MA 01845
Assessor's Map 37A,Parcel 53
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 modify the previously approved Watershed Special Permit, dated May 6, 2014, to allow the
installation of a patio area and play area instead of the originally approved inground swimming pool, and
allow associated landscaping, grading, and retaining walls as shown on the revised plans included as Toaft
of'this decision, within 100 feet of a wetland in the Non-Disturbance Zone of the Watershed Proieciion
District.
.Elder a pubtic hearing given on the above date, and upon a motion by David Kellogg, seconded by Lora
McShorry co APPROVE the Watershed Special Permit modification as amended and based upon the
following conditions. Vote was unanimous in FAVOR of the application'
On behalf of the North Andov r, lanning Board
John Simons,Chair
ATTEST, David Kellogg
A True Copy Michael Colantoni
Lora McSherry
Town Clerk Lynne Rudnicki
Peter Boynton,Associate
Wat,;�rsied Special Permit Modification
316 Great Pond Road
The Planning Board herein APPROVES/DENIES the Watershed Special Permit Modification to amend
the existing permit to allow the installation of a patio area and play area instead of the originally approved
inground swimming pool, and allow associated landscaping, grading, and retaining walls as shown on the
revised plans included as part of this decision. The application was filed with the Planning Board on
November 2.0, 2014. The public hearing on the above referenced application was opened on December 2,
2014, and closed on December 16,2014.
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaw, Section 4.135, Watershed Protection District, and North Andover Zoning Bylaw, Section
10.3.
FINDINGS OF FACT:
1) The Applicant is appearing before the Planning Board with the modification request as a result of grading
and construction activities that were inconsistent with the Watershed Special Permit that was approved
on April 15, 2014. These activities consisted of extensive grading work across the property line and into
the abutter's property, installation of an unauthorized retaining wall, and substantial deviations from the
approved plan.
2) All findings and conditions included in the original Notice of Decision issued May 6, 2014, except as
specifically modified in this Special Permit Modification,remain in full effect.
3) 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 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.
4) The modification proposal has been reviewed by Town Staff, and the Conservation Commission has
reviewed and authorized modifications as shown in the plan. The site drainage system and stormwater
management design are designed in accordance with the Town Bylaw requirements and Best
Engineering and Management Practices. The original plan was reviewed by the outside consulting
engineer,Eggleston Environmental. The following are findings related to stormwater:
i) The new project will create less impervious area than the originally approved project.
ii) The patio will be constructed using pavers with spaces to allow water flow.
iii) On approval of this modification, construction of a pool is no longer authorized under this
special permit. Since installation of a pool is no longer authorized, maintenance
documentation for the pool is no longer required.
iv) The limit of work has been marked on the plan to be as close to the proposed constriction 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.
5) 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.
2
Watershed Special Permit Modification
316 Great Pond Road
6) The existing structure is connected to the Town sewer and water systems.
7) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge, structure or activity.
8) 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.
9) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District.
10) There will be no nuisance or serious hazard to vehicles or pedestrians.
11) Adequate and appropriate facilities are provided for the proper operation of the proposed use.
12) 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
Development Plan located in North Andover Massachusetts"
c) The"Project"or"316 Great Pond Road"refers to installation of a play area,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 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 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.
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:
3
Watershed Special Permit Modification
316 Great Pond Road
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 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 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 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.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
6) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8) 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.
9) This Special Permit approval shall be deemed to have lapsed May 6, 2016 (two years from the
original 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.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
4
Watershed Special Permit Modification
316 Great Pond Road
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 01921
Scale: 1"=20'
Date: March 5,2014, revised November,2014
Sheets: 1
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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