This action came on for trial before the Court, Long, J. presiding, and, after trial,
It is Ordered and adjudged that:
The Amended Notice of Decision dated November 15, 2012, is amended to provide that the Special Permit under Haverhill Zoning Ordinance ยง255-90 is granted, subject only to the following conditions:
1. Work on this project site shall be performed in accordance with the following plan: a) "Proposed Site Plan -90 Amesbury Road -Haverhill, Massachusetts" (1 Sheet), prepared by LeBlanc Survey Associates, Inc. (161 Holten Street, Danvers, MA 01923), and dated revised October 2, 2012.
2. This special permit authorizes only the construction of one single-family dwelling on this lot, together with associated buildings and structures, all as shown on the plan entitled "Proposed Site Plan - 90 Amesbury Road - Haverhill, Massachusetts" ( 1 Sheet), prepared by LeBlanc Survey Associates, Inc. (161 Holten Street, Danvers, MA 01923) and dated revised October 2, 2012.
3. As the project regulated by this Special Permit allowed controlled encroachment upon the City of Haverhill's 500' Zone under Haverhill Municipal Code Chapter 255, section 90, the City Council hereby conditions that no future construction for accessory structures shall occur within this Zone, on this property, without the formal approval of the Haverhill City Council.
4. If allowed in accordance with the following conditions, sanitary sewer service associated with this project shall be connected to the municipal system and no septic system shall be used.
a. The City and Mr. Giordano enter into a written agreement that he and any future property owner will not hold the city liable for any damage to the property or the property owner's sewer system as a result of sewerage being discharged, backup up, etc. from the City's system. This should apply whether it's a city system failure or the property owner's system failure. The agreement should be recorded at the registry of deeds.
b. Mr. Giordano pays for a consultant to review the design of the proposed system on the City's behalf. The City will select the consultant.
c. Tie-in to the Water Treatment Plant's sewer system will not be allowed. No exceptions.
d. Any damage to the City's system resulting from the property owner's system will be repaired at the property owner's expense.
5. As proposed by the applicant, all roof runoff shall be collected from the proposed structures and directed to roof runoff recharge systems to provide groundwater recharge. The systems shall be equipped with overflows for protection during periods of heavy rainfall. The systems used shall meet the design criteria outlined in the MassDEP/MCZM Stormwater Technical Handbook. The systems shall have a volumetric capacity sufficient to contain 1.0" of rain across the proposed roof areas.
6. Should the proposed buildings be heated by liquid fuel, the applicant shall provide secondary storage equal to the fuel's volume.
7. Prior to the issuance of an occupancy permit for this house, the applicant shall submit the following information to the Building Inspector to demonstrate full compliance with the conditions of this Special Permit:
a) A written statement by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts certifying compliance with the approved plans and these conditions and setting forth deviations, if any exist; and
b) Two sets of as-built site plans prepared by a registered land surveyor or registered professional engineer showing grades, utilities, drainage systems, building footprints and detailed landscaping (i.e. limits of work, etc.).
8. All special permit conditions to be recorded at the Registry of Deeds.
9. Should any of the conditions be determined to be unenforceable, or illegal in whole or in part, that shall not affect any of the other conditions. The conditions may only be altered or deleted with a six vote approval of the City Council.
JOHN GIORDANO v. MICHAEL HART, ROBERT SCATAMACCHIA, WILLIAM RYAN, MICHAEL YOUNG, DAVID HALL, COLIN LePAGE, MARY ELLEN DALY O'BRIEN, SVEN AMIRIAN and WILLIAM MACEK as members of the City Council of the City of Haverhill.