HomeMy WebLinkAboutCorrespondence - 1789 GREAT POND ROAD 8/14/2003 TOWN OF NORTH ANDOVER PLANNING BOARD
ENGINEERING REVIEW OF WATERSHED SPECIAL PERMIT
FOR CONFORMANCE WITH THE TOWN OF NORTH ANDOVER
ZONING BYLAW AND STANDARD ENGINEERING PRACTICE
Site Plan Title: Site Plan of Land in North Andover VHB No.:06716.82
Location: 1789 Great Pond Road
Owner: Richard J.Arnone,220 Broadway,#101,Lynnfield,MA 01940
Applicant: Richard J.Arnone,220 Broadway,#101,Lynnfield,MA 01940
Applicant's Engineer: McKenzie Engineering Group,Inc., 196 Central Street,Saugus,MA 01906
Plan Date: August 14,2003 Review Date: September 16,2003
Vanasse Hangen Brustlin,Inc.(VHB)has been retained by the Town of North Andover to provide an engineering
review of the Special Permit Submission for the proposed construction of a single family house at 1789 Great Pond
Road,North Andover,MA 01845. This review is conducted in accordance with the Town of North Andover Zoning
Bylaw,Massachusetts Department of Environmental Protection(DEP)Stormwater Management Policy and standard
engineering practice. VHB has received the following drawings and documents for review:
• Cover letter dated August 19,2003 from Richard Arnone to VHB
• Town of North Andover Planning Board Application for Watershed Special Permit
• Site Plans(2 sheets)dated August 14,2003
I
SECTION 4.135 WATERSHED PROTECTION DISTRICT
Section 2—Boundaries and Zones
1. VHB assumes that the resource area on the south side of Great Pond Road is a wetland area and not Lake
Cochichewick. Given that the lot was created before October 24,1994,the various zones shown on the plan are
not accurate. The applicant should revise the plans to be consistent with the regulations for a lot created before
October 24, 1994. The Non-Disturbance Zone should be located 100-feet from the edge of the wetland area and
the Non-Discharge Zone should be located 325-feet from the edge of wetland area.
i
i
Section 3-Uses and Requirements
2. Note that section 3.b.iii(2)and(3)prohibit the use of any lawn care or garden product that may contribute to
the degradation of the public water supply. The Applicant should address this.
Section 4—Special Permit Requirements
3. VHB assumes that the annual mean high water mark of Lake Cochichewick is located 400-feet or more from any
proposed activity. The Applicant should verify.
4. The edge of any vegetative clearing should be indicated clearly on the plans.
5. Section 4.c.iii requires that written certification,by a professional engineer,stating that there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick be provided.
Written certification was not provided in the material that VHB received for review.
1
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6. It appears that the proposed single family house could be located outside of the Non-Discharge Zone. Refer to
section 4.e.iv. However,this would likely result in disturbance to an existing slope(2:1)which is protected
under section 8.10. Therefore,there does not appear to be a reasonable alternative location outside of the Non-
Discharge Zone.
7. The Applicant's engineer should provide calculations that show that the proposed underground leaching drywell
will function as designed. Given that the proposed drywell is located in a `cut'condition(approximately 8-feet),
the applicant's engineer should evaluate the suitability of the soils to infiltrate the runoff by means of a test pit
for ground water and a percolation test for permeability.
General Comments
1. The plan shows that there is an existing driveway across the southern portion of the lot. Is there an existing
easement(common driveway)to the lot or lots to the east?
2. This lot appears to be incompliance with section 8.10 Lot/Slope Requirements. However,the Applicant's
engineer should verify.
3. The lot area and frontage do not meet the minimum requirements for Zane R-1. The Applicant states that this
lot is exempt and makes reference to MGL Ch.40A,section 6. This reference appears to be correct.
4. The Applicant should review the Watershed Special Permit Application to correct apparent minor errors in
section 7(zoning district)and section 10(lot area).
S. The rock wall detail indicates that fence is proposed when the wall height exceeds 4-feet. VHB suggests that the
plan show the limits of the proposed fence.
6. VHB recommends that a trench detail be included in the plans for the proposed water and sewer work within the
Town roadway. The Applicant's engineer should refer to the Town standard details located within the Rules
and Regulations Governing the Subdivision of Land.
7. The plans indicate that the proposed sewer pipe may have less than 4-feet of cover. Can this be avoided by
construction another manhole? The Applicant's engineer should investigate. As this section of the sewer is
located within Town roadway,the Town Engineer should be consulted for approval.
It is recommended that the applicant provide WRITTEN RESPONSES to the issues and comments contained
herein.
Reviewed by: �� Date. 146 0
Timothy B.McIntosh,P.E.
Project Manager—Highway and Municipal Engineering
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2.63 Rooming House
Any building oo portion thereof containing more than two and less than ten rooms without kitchen facilities
that are used, rented or hired out to he occupied for sleeping purposes for cnoupeuxoiioo, vvbeibcc the
compensation hc paid directly o«indirectly.
2.04 Special Permit
The words Special 9onnit where used bu this Bylaw ubnD nuouu ayeonii granted under the guidelines of
Section 9of Chapter 40-Aof the General I.mv.
2°65 Special Permit Granting Authority �
The Planning Boardshall be the granting authority of all Special Permits to Cluster Development, Planned
Development District, (1985/15)driveways,`,,,,"hursing and convalescent homes,Watershed Protection District
(1994/37), Wireless Service Facilities (1998/37) and large estate condominium conversions. The Board of
Selectmen shall be the granting authority of all Special Permits pertaining to non-accessory signs as
specified in Section 6.52 of this Bylaw. The Board of Appeals shall be the granting authority of all other
Special Permits allowed in this Zoning Bylaw.
2.66 Special Permit Unit
Anse ofz building mlot or an action upon premises which may be permitted under this Bylaw only upon
application to the appropriate Special Pen-nit Granting Authority for aSpecial Permit and subject to the
approval of such Permit Granting �
Authority and the conditions stipulated. �
2.07 Street
A public vvuy or u private vvuy open to travel by the general public` or a way ubmv/o on uplun of
subdivision theretofore duly approved by the Planning Board,
2.68 Structure |
Means a 000zbbzo1ioo of materials to form uoouubncboo that is safe and stable, including, uuxoog others,
buildings, stadiums, tents, reviewing stands, y]u\h>ona, staging, observation (ovvoro, radio Lnvvoro` vvuior
tanks, towers, private and public swimming pools, trestles, piers and vvbuzvoy' sheds, ubel1cro' fe000a and �
walls, and display si�um' �bu k�ou a(nmcioco ohoU hc construed uu if by�b�words "or part�b�con�'. �
, , �
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2.69 Town House
An attached house inurow of three mmore such houses capable of being sold nman independent dwelling �
with its own lot, as provided>y this Bylaw. �
2.70 Tributary
Any portion o[any brook,stream,bog,swamp, or pond, which flows into Lake Cochichewick. �
2.71 Yard (Setback)
�
/\n open space,which lies between the principal building or group uf buildings and u lot line.
2.72 Yard,Front(Sctbac&)
An open space extending across the entire width of a lot between any building thereon and the street lot line �
uf the lot ou which such building stands.
22
Page 1 of 2
Woods, J. Justin
From: Justin Woods wwoods@townofnorthandover.com]on behalf of Woods, J. Justin
Sent: Thursday, September 25,2003 10:41 AM
To: Rees, Mark; Santilli, Ray; Parrino, Julie; Nicetta, Robert; Sullivan, Jack; Lt. John Carney (E-mail);
Griffin, Heidi; Dolan, Chief William; Lagrasse, Brian
Cc: Hmurciak, Bill;Willett, Tim; Chief Richard M. Stanley(E-mail); Melnikas, Lt. Andrew; P. E.Timothy
B. McIntosh (E-mail)
Subject: 1789 Great Pond Road TRC Meeting
TRC Members,
One amendment to the comments below:
The plans (that you do not yet have) currently show proposed water and sewer, as well as the proposed driveway,
in the Conservation Zone of the Watershed Protection District
owcver. as tile
appli�ant will revue the 9planbto be
October 24, 1994, the various zones shown on the plan
consistent with the regulations fora 1 wetland ara before October
and the t Non-Discharge lone Non-Disturbance
l should be located Zone
ocated 325-feet from
located 100-feet from the edge of the
the edge of wetland area. There is
the topography y cf the land in tlee Consei vati n Zone). The The fortunate for
ised flans
applicant as the Bylaw prohibits g
will be distributed to you as soon as they are available (the applicant's engineer said he would have to me by
Monday).
Thanks again,jw.
r
i
J. Justin Woods
Town Planner
'I'own of North Andover
Community Development Division
27 Charles Street
North Andover,MA 01845
P (978) 688-9535
F (978) 688-9542
mailto:'woods @townofnorthandover.com
htt ://w ww.townofnorthandover.com/
----Original Message-----
From: Justin Woods [mailto:jwoods @townofnorthandover.com]On Behalf Of Woods, J. Justin
Sent:Thursday, September 25, 2003 10:01 AM
To: Rees, Mark; Santilli, Ray; Parrino, Julie; Nicetta, Robert; Sullivan, Jack; Lt. John Carney(E-mail); Griffin,
Heidi; Dolan, Chief William; Lagrasse, Brian
Cc: Hmurciak, Bill; Willett,Tim; Chief Richard M. Stanley (E-mail); Melnikas, Lt. Andrew; P. E.Timothy B.
McIntosh (E-mail)
Subject: RE:TRC meeting next Thursday, October 2 at 10:00am at DPW
TRC Members,
Tuesday night the Planning Board opened the public
sectioyis 4.l'367�d Pond
Noarth(Anclaver Lori Zoning Bylaw.1
application for a Watershed Special Permit under
Richard Arnone, the applicant, seeks non-disturbance ildnd nonldisclhargellczoneeninl1theoW�ttei; zone and
driveway through the conservation,
9/29/03
i
Page 2 of 2
District.
1789 Great Pond:Road was one of three lots (A, B, and C)created via the approval not required statutes in 1979.
Lots B and C had existing houses on them when they were approved and were accessed by an easement acrciss
Lot A (To give you a general locus, Lot B is Lou Minicucci's house). Lot A, to this point, has never been built
upon.
The Planning Board had a number of questions regarding this application. Lot A presently does not meet either
lot area or firontage n`equirements. However, it is the applicant's position that the lot is protected by the
grandfathering provisions of MGL Chapter 40A, Section 6 (Zoning Questions). The proposed access for Lot A
seeks to utilize the existing common drive, which goes across his property. 'Tile Zoning Bylaw only allows for
two lots to share a common driveway ('Zoning,Police and Fire/Safety Questions). There are also some questions
as to whether the subsurface leaching system can function as designed (Health, Planning, Conservation
Questions). The proposed water and sewer, as well as the proposed driveway, would alter land in the
conservation zone of the Watershed Protection District(DPW,Planning,Zoning Questions).
Time, Planning Board requested that I schedule a TRC meeting to get all of the other department's comments on
9his project. I would propose meeting next Thursday, October 2 at 10:00am in the DPW meeting room. At
present, I only have two extra copies of tine plan. The applicant agreed to bring in some additional copies and I
vi11 distribute therm as soon as they are,vailable.
Please let me know if you calm make next Thursday, October 2 at 10:00am.
Thank you,jw.
i
J. Justin Woods
Town PIanner
Town of North Andover
Community Development Division
27 Charles Street
North Andover;ILIA 01845
P (978) 688-9535
F (978).688-9542
mailto•jwoods @ townofnorthandover.com
http://www.townofnorthandover.com/
i
9/29/03
Town ®f North Andover
oQ tea° ,°'na
Office ®f the planning Department
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845 �SSnCIA S 4
Town Planner: iwoods@townofnorthandover.com P (978)688-9535
J.Justin Woods htW:,/,/www.toymoftiorthandover.com F (978)688-9542
Technical Review Committee Report
TO: Richard Arnone
FROM: J.Justin Woods,Town Planner/TRC Chair
CC: Mark Rees,Town Manager
Raymond Sautilli,Assistant Town Manager
William V.Dolan, Chief of fire Department
Lt.Andrew Melnilms,Fire Prevention Officer
Lt.John Carney,Police Operations Division Commander
Jack Sullivan,Town Engineer
Tim Willett,Water&Sewer Superintendent
.gob Nicetta,Building Commissioner/Zoning Enforcement Officer
Julie Parrino,Conservation Administrator
Brian LagRasse,Health Inspector
Heidi Griffin,Community Development&Services Director
RE: 1759 Great Pond Road—Watershed Special Permit
: ..............
DATE: October 10,2003
Following please find a summary of the comments of the TRC Committee members:
1) Building/Zoning
A) The proposed site is grandfathered pursuant to Chapter 40A,Section 6.
B) The attachment of the proposed driveway to the existing common driveway is not any more
detrimental than what currently exists.
C) The driveway should be designed so that water will not accumulate at the bottom of the common
driveway and Great Pond Road to cause a safety problem.
I
2) Fie Department
The steep slope is an obstacle to access to the property. Providing reliable access, built in fire protection
and elimination vegetative fuels will improve conditions. Accordingly, Fire Chief Dolan recommends the
following:
A) The driveway shall be paved its entire length using the bituminous concrete as shown on the plan or
hot top with suitable subsurface to provide traction and support for fire apparatus and ambulances.
B) It is recommended that the residence have a residential fire sprinkler system installed to insure fire
protection. A licensed sprinkler contractor representing the builder should contact the Fire Prevention
Officer-Lt. Andrew Mehnikas 978-688-9590 for information that will be required including hydraulic
calculations for both domestic water supply and the sprinkler system.
C) Decreasing the amount of vegetative fiiels on the slope will minimize the potential for exterior fire
exposure to the structure. Information regarding "fire wise landscaping" can be obtained from
www.fire wise.orl;. It is understood from the TRC meeting that the home owner intends to clear much
of this vegetation for aesthetic purposes.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688.9530 HEALTH 688-9540 PLANNING 688-9535
October 10,2003
Richard Arnone
1789 Great Pond Road
Technical Review Committee
Follow-Up Report to October 2,2003
D) The fire department will work with the homeowner to establish a suitable location and type of house
number marker for the access way and his driveway. The fire department will investigate the possible
use of the existing brick marker on Great Pond Road,currently being used by the other residences.
3) DPW
The Division of Public Works has reviewed the above referenced plan and following is a list of comments
from the DPW regarding the proposed construction of a single-family residence at 1789 Great Pond Road:
A) The existing driveway easement must be shown on the site plan.
B) In order to size the proposed dry well properly, a soil percolation test is required, which must be
witnessed by the Board of Health.
C) The applicant needs to show how the electric, cable, and telephone services will access the property
(overhead or underground)
D) The proposed retaining wall at the rear of the property is approximately 7 to 8 feet high in some
sections. Any wall over 4 feet high is considered an engineered wall and must be designed and
certified by a structural engineer. The applicant stated that the plan will be redesigned so that the
proposed retaining walls do not exceed 4 feet in height.
E) Due to the steepness of the proposed driveway,the existing asphalt berm shall remain on the downhill
side. A catch basin should be added at the base of the driveway and hard piped to the existing catch
basin along the gutter line of Great Pond Road.
4) Conservation
The applicant should file a Request for a Determination of Applicability for utility installation (sewer,
electric,water and cable)in the buffer zone to BVW associated with Lake Cochichewick. Plans should be
revised to reflect discussed drainage improvements including installation of a catch basin and piping. The
25' and 50' setbacks to wetland resource areas should be displayed on the plans.
5) Planning
A) Given that the lot was created before October 24, 1994, the various zones shown on the plan are not
accurate. The applicant should revise the plans to be consistent with the regulations for a lot created
before October 24, 1994. The Non-Disturbance Zone is correctly located 250-feet from the annual
mean high water mark of Lake Cochichewick and the Non-Discharge Zone is correctly located at 325-
feet. However there is no Conservation Zone for a lot created before October 24, 1994 and this
should be removed.
B) The existing driveway easement must be shown on the site plan.
C) The Planner recommends using the existing brick marker on Great Pond Road to identify the houses.
This brick marker should have the street numbers of all houses engraved on all four sides of the stone.
all numbering on the stone shall be 4" in height. This condition will placed upon the applicant, for
purposes of public safety.
D) The applicant must conduct soil percolation tests to properly size the dry well and provide this data to
VHB prior to obtaining approval.
6) Health
All Soil testing must be coordinated with the staff in the Health Department.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town. of North Andover w
office of the Planning Department
<"
Community Development and Services Division ���� ��,:�yo-
27 Charles Street "N")
North Andover,Massachusetts 01845 P (978)6889535
Town Planner. htip://www.towtiofnc,rLhai-idover.com g (878)688-9542
J.Justin Woods 'woods@townofnorthandover.com
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tax
To: Hr wee zie,PE
From: J.Justin Woods µy
Fax: 781-941-2662
�" �1• Pages: 3,including coversheet
Phone 781-941-2211 j du Date: October 15,2003
Re: 1789 Great Pond Road CC:
❑ Urgent Q For Review ❑ Please Comment ®Please Reply Cif Please Recycle
Comments:
Iii Brad,
Attached please find the Town of North Andover's Technical Review Committee report on the 1789 Great Pond
Road. This report contains the recommendations of the various town departments. My understanding is that you are
in the process of updating and revising the plans to be consistent with these recommendations. If you have any
questions about any of the comments,please feel free to contact me.
The public hearing on this application was continued to October 21, 00Board's posted
policy on its meeting schedule states that, Any revision or to plans have to be submitted to the
Department and Outside Engineer 8 days prior to the continued meeting." I anticipate that since revised plans have
not yet been submitted,your client will request another continuance. The next Planning Board meeting is Thursday,
November 6,2003. It is recommended that that you provide WRITTEN RESPONSES AND PLAN REVISIONS
to the issues and comments contained in both the TRC and VHB's review. Copies of any written responses and plan
revisions should be submitted to the Planning Department with a copy being provided directly to VHB.The deadline
for submission of revised plans for the November 6,2003 meeting is October 29,2003 at 12:00 noon.
Re S' ely
.in Woods
THE DOCUMENTS INCLUDED IN THIS TRANSMISSION ARE INTENDED FOR THE RECIPIENT
TO WHOM IT IS ADDREESED. IT MAY BE PRIVILIGED AND CONFIDENTIAL OR PROTECTED
AS AN ATTORNEY CLIENT 8S AND DJESTROY THE O UMENT®YOU RECEIVED INTENDED
N ERROR.
PLEASE NOTIFY(978)6
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Professional Civil Engineering•Land Planning•Project Management r+i:"a " r 196 Central Street
� 't7 °L -t�1 Saugus,Massachusetts 01906
Tel:781.941.2211
Fax:781.941.2662
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Hanover, Massachusetts 02339
(� f'IT )�`K?D( 1, Tel:781.792.3900
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Webs.ite:www:mciceng.com
October 31,2003
Mr. J.Justin Woods
Town of North Andover
27 Charles Street
Nortl Andover,MA'I - 1.
Re: Watershed Special Permit
1789 Great'Pond Road
Dear Mr.Woods:
This letter is in response to a review letter from your office dated October 10,2003 for the above
referenced project. Enclosed herewith are the following:
• 1$Copies ofplan entitled"Site Flan of Land* North Andover"dated August 14,
2003 grid revised October 31;2003 by McKenzie Engineering Group,Inc,
• Drainage Calculations.'(including soil testing results)dated October 31,2003 by
McKenzie Engineering Group,Inc.
The following written comments address the review comments Tro4ithe Technical review
Committee:
1.Building/Zoning
A) No response requu`ed.
B) No xesponse required.
C) The first 100 feet of h e driveway has been redesigned such that the proposed paved.
surface is super elevated at a 2%cross slope toward a proposed bituminous berm which
directs stormwater flows into a proposed catch basin. The catch basin is connected to the
closed drainage system located on Great Pond Road via a piped connection(see comment
#3 E).
2. Fire Department
I.
A) The entire length of the proposed driveway will be paved as requested.
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Town of North Andover Page;2 October 31,2003
�11 B) Afire sprinkler system is being designed for the proposed dwelling. Drawings and
supporting calculations willbe submitted by the applicant under separate cover: li C) The applicant intends to clear the".vegetative fuels" located in the vicinity of the I 11 I dwelling and constructing appropriate landscaping.il,
q! D) The existing brick marker will be utilized to display the house numbers;per the`Town 11 ,Planner's recommendations:(see comment#5 C).-11
3.DPW
A.,'- ) The existing driveway easement has been ad- I ..the plan as requested.
B) A soil percolation test,witnessed by the board of;heaIth's consultant,was performed on
kriday October 24,2003.
C) The electric,'cable and telephone services mill be underground from them respective
connection points at Great Pond Road to the proposed dwelling:
D) The retaining wall at the rear of the property has been redesigned such that the proposed
height does riot exceed four feet.
E) The first 100 feet of the driveway has been redesigned such that the proposed paved
surface is super elevated at a 2%cross slope toward a proposed bituminous berm located
at the downhill side which directs'stormwater flows into a proposed catch basin. The
catch basin is connected to'the closed drainage system located on Great Pond Road via a
piped connection as requested.
4. Conservation
A Request for Determination of Applicability was submitted to the North Andover
Conservation Commission and DEP HERO. A negative determination was issued at;the
public hearing held on October 22,2403.
i
5. Planning
A) The;plan has been modified to show buffer zones consistent with a lot created prior to 11 11
October 24 1994 and located within the watershed protection district:11
B) The.existing driveway easement is shown on the plans as requested.11,C) The existing brick inarker will be utilized as recommended.
D) A soil percolation test was performed on October 24,2003 as requested. The results are 1.
included in the drainage calculations.
6. Health
Soil testing was performed on October 24,2,003 and witnessed by the North Andover 11
w ii
Board of Health's.consultant.
Town of North Andover Page 3 October 31, 2003
Please feel free to contact me prior to the November 18,2003 meeting should you have any
questions or require additional information.
Very Truly Yours,
i
1
McKENZIE ENGINEERING GROUP, INC.
Richard A. Salvo,P.E.
Project Manager
RAS/js
Enclosures
cc: Timothy B.McIntosh,P.E. --VHB
Richard Arnone—Applicant
I '
i
Town of North Andover NORTH q
Office of the Planning bepartment
� A
Community Development and Services Division
27 Charles Street
?A
North Andover,Massachusetts 01845 �SSACHUS��
Telephone (978)688-9535
Fax(978) 688-9542
December 11,2003
Mr.Tom Urbelis,Esq.
Urbelis,Fieldsteel,LLP
155 Federal Street
Boston,MA 02210
RE: 1789 Great Pond Road
I am forwarding you the information regarding 1789 Great Pond Road on the behalf of Heidi Griffin. This project
is before the Planning Board regarding a Watershed Special Permit. Heidi sent you an email requesting a legal
opinion as to the next step the applicant needs to take to resolve the issue of the common driveway and if the
applicant needs to seek zoning relief.
Please call if you need further information.
Thank you,
Debbie Wilson
Planning Assistant
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover F� ° � ` °7,
Office of the Planning Department
a � „a x
Community Development and Services Division �5
us��
27 Charles Street �SSgc►+
North Andover,Massachusetts 01845
Town Planner. http://www.townofiiorffimdover.com P (978)688-952
Julie Panino jparru loOtownohiorthandover.com- F (978)688-95442
c"
To: From:
a
Fax: G' Pages: 7 ,including coversheet
Phone: Date: +
Re: CC:
❑Urgent ❑For Review ❑Please Comment ❑Please Reply H Please Recycle
•Comments:
i '
THE DOCUMENTS INCLUDED IN THIS TRANSMISSION ARE INTENDED FOR THE RECIPIENT TO
WHOM IT IS ADDREESED. IT MAY BE PRIVILIGED AND CONFIDENTIAL OR PROTECTED AS AN
ATTORNEY CLIENT COMMUICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE
NOTIFY(978)688-9535 AND DESTROY THE DOCUMENTS YOU RECEIVED IN ERROR.
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URBELIS&FIELDSTEEL, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
Telephone 617-338-2200 Andover
CAROL HADAR WGRAVEY Telephone 978-475-4552
OF COUNSEL Telecopier 617-338-0122
e-mail chm @ufb.com
December 23, 2003
Heidi Griffin
Director of Community Development& Services
Town of North Andover
27 Charles Street
North Andover,MA 01845
RE: REQUEST FOR OPINION
1789 GREAT POND ROAD
Dear Heidi:
In response to your request for an opinion as to whether the above-referenced lot is
subject to the zoning by-law restricting common driveways to 2 units,we submit the following.
Your question arises in connection with the application by the owner of 1789 Great Pond
Road for a Watershed Special Permit, which may not be granted unless the premises is in
compliance with the provisions of the zoning bylaw.
Section 2.30.1 of the North Andover Zoning Bylaw, enacted in 1989,provides that,
subject to the granting of a Special Permit by the Planning Board, a driveway may be shared by
not more than two lots. The question has arisen as to whether the lot at issue is "grandfathered,"
and thereby exempt from this provision of the Bylaw.
M.G.L. c. 40A, § 6 provides, in pertinent part:
Any increase in area, frontage, with,yard or depth
requirements of a zoning ordinance or by-law shall not
apply to a lot for single and two-family residential use
which at the time of recording or endorsement,whichever
occurs sooner was not held in common ownership with any
adjoining land, conformed to the then existing requirements
and had less than the proposed requirement but at least five
thousand square feet of area and fifty feet of frontage.
s:\wp5l\work\ii-andove\couesp\giiffin.Itr-greatpoiidrcLdoc
URBELIS&FIELDSTEEL, LLP
December 23, 2003
Page 2
This provision provides an exemption from area, frontage, width, yard or depth
requirements,but does not, in our opinion,provide relief from the provisions of Section 2.30.1 of
the North Andover Zoning By-Law,which limits the use of common driveways to two lots.
In order to obtain relief from this provision of the Bylaw, it is our opinion that the
applicant would have to apply for a variance under Section 10.4 of the Bylaw for relief from the
provisions of Section 2.30.1 of the Bylaw in order to permit the common driveway to serve three
lots. If the variance is granted, an application may be made to the Planning Board for a common
driveway special permit. Please note the requirement of a maintenance agreement in Section
2.30.1. If the driveway variance and special permit are granted, then the Watershed Special
Permit may be issued.
Please let me know if you have any questions or if we may be of further assistance.
Very truly yours,
Carol Hajjar McGravey
CHM/lah
cc: Mark Rees
D. Robert Nicetta
JAN-05-2004 MON 10;46 AM MARKJOHNSON FAX NO, 9784756703 P. 02
LAW OFFICE or
MARK B. JOHNSON
12 Chestnut Strut
AodoVdr, 15S,XIMSC118 01810.3706
(978)475-4488
I.&copier- (978)475-6703
pnmleb,t
KA'I IIRYN M.MORIN
MARK r3. J()i INSON (MA,N11,1)(;)
1:IANNi71 C'Ri,51'Al.d)1
DONA1.1) F. (I()11R;)ti rJAN (MA,ME) JUAN 11,MIT
)ANIFS BONFANi'i (btA) M1011TEC:.JONIKAS
MAI:K A-MI.Rc)La.l (MA.10
51tA11T`IA 1?,M�:cnlCftlY,J.T).
January 5,2004
lIeidi Griffin, Collltlllinity Development Director
ToNvii ol'North Andover
Charles Strut
North Andover, MA 01945
12.c: 1789 G at,P i d Road_,Nqgtjj Andover, MA
Dear Members of the Planning Board:
I represent Richard Arnone, Jr. and have been asked to address the question
thtlt has ,iriscu as to the use of the driveway to access what is showy as Lot A
Crept Pond Road on a Form A flan endorsed by the Planning Board on August 10,
1979 and recorded at the Essex North District Registry of needs as Plan 48166.
it is Illy 1i11de'rst.lnding that tlhc Planning Board has raised a question as to
wl1c111er o1- r)(it 1.11c existing driveway located on Lot A can be used to access Lot A
or if it is a common driveway can be used to access 3 kits only pursuant to a
special permit. Currently, the common driveway appears to provide access to Lot
i; and T,ot C which,both lots are accessed by the driveway wbicli is over Lot A.
I have reviewed the 'Zoning Bylaw of the"Town of North Andover and it is
my be)ief*that the common driveway is not considered a common driveway for the
purposes of accessing Lot A but is only a common driveway for the purposes of
ticcessing Lot 3 :and C, Its to Lot A it is an accessory structure pursuant to
section 2,21 ol'the Zoning By Law. Since the driveway which services Lot A is
100%within Lot A, it would not be considered a common driveway on Lot A.
f�t1:pcir,V,n n+no,J.,Rn,h;xp97��5111P7 Gn.,G Pc�d NLplsr.ainA hn,ad W ib80.1.wr.
JAN-05-2004 MON 10:46 AM MARKJOHNSON FAX N0, 9784756703 P. 03
I Iciili Cirinin, community Development r)irector
Jauunry S, 2004
Pago 2.
Further, the'. access driveway was shown on the Form A Plan endorsed by
111c 1'1,lnning Hoard and was also the subject of a Driveway Easement and
Maintenance Agreement which was entered into in August 1979 as when the Plan
w;1s endorsed. Section 2,30.1 (Driveways)which limits common driveways to
serving 2 lots witlunat a special permit was not enacted until 1989, well after tilt;
driveway wits installed, the plan signed and the Driveway Easement and
Maintenance Agreement executed and recorded.
I belim.that the driveway would be considered a common driveway only
after it loaves the limits of Lot A to provide access to Lois I3 and L. It would be a
strange result it*the owner of Lot A was unable to use the driveway located on Lot
A without a special permit.
I would be more than happy to discuss this with you or the Planning Board
to addrrss fray other questions or concern that you might have.
Very truly yours,
Johnson
1V(k3J--lclb '
pc: Richard Arnonc, Jr.
FA W_,w(k)cJVitUom,Jr,.Pichir(1103.7571789 Great Pond MpLinoing board-11t 12-8-03,doc
February 20, 2004
Julie:
My apologies for the delay in sending you the attached plan. It's been a crazy week. As
discussed,please review and let me know if you think,VHB should make any additional
comments before or next hearing date. My goal is to have EVERYTHING done for that
hearing so I can get my long awaited approval on the special permit.
If you have any questions, please call me on my cell phone (781) 953-7112.
lh 'c y
y
ard Arnone
F EB 2
Nor;-[l I AN
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover,Massachusetts 01810-3706
(978)475-4488
Telecopier: (978)475-6703
Paralegals
KATHRYN M.MORIN
MARK B. JOHNSON (MA,NH,DC) J U 2 2004 LIANNE CRISTALDI
DONALD F. BORFNSTEIN (MA,ME) MICHELE C. JONIKAS
JAMES BONFANTI (MA) KATHLEEN H. HARBER
MARK A. MEROLLI (MA,IL) RAMJIAN
PLANNING REH
JOHN G. LAMB (MA) DAWN M. WALKER
July 1, 2004
VIA FACSIMILE/(978) 688-9542 and
FIRST CLASS MAIL
Julie Parrino
Town Planner
North Andover Planning Board
27 Charles Street
North Andover, MA 01845
Re: Arnone/1789 Great Pond Road
Dear Julie:
Confirming the conversation you had this morning with Kathy Harber
of my office, it is requested that the Board's hearing in this matter be
continued until the July 20, 2004 meeting. I have recently been informed
that a member of the development team will be on vacation and therefore
unable to attend. I can communicate to you that I have been assured by Mr.
Arrione that we will be prepared to give a full presentation at the Jul 24th
meeting and would, otherwise, have been so prepared for the July 6t�
meeting.
On behalf of the applicant, I apologize for this delay and
inconvenience and appreciate the cooperation of the Board and its members
regarding this revision to the hearing schedule. if you should desire any
other documentation regarding this continuance request, would you notify
FANew-Docs\arnone,jr.,flchar(A03-757 V89 great pond rd\parrino Itr 07-01-04.doe
Julie Pairino,Town Planner
North Andover Planning Board
July 1, 2004
Page 2
me of same. Further,I will be at next Tuesday's meeting on another matter
and will therefore be available to answer any questions you might have
regarding this matter.
Very truly yours,
LAW OFFICE OF
MARK B. J )PNSON
Donald F. Barn in re
DFB/dms
cc: Richard Arnone, Jr.
Richard A. Salvo, PE
FANew-DoWarnone,jr.,richard\03-757 1789 great pond rd\parrino Itr 07-01-04.doc
Octoberl9,2004
PB Annotated Agenda
Discussion Items:
Bond Release for 257 Bridle Path,for David &Margaret Kealler.
The applicant is requesting a final release of all funds held for
257 Bridle Path . They received a permit on June 6, 2001 to construct a 16' x 31' deck
and 1126 SF addition to the first floor. On October 4 a site visit was conducted with the
submitted as-built plan. Based on this visit I would recommend final acceptance of the
as-built plan and release of all funds held. (JAB)
Bond Release for 225 Bridle Path,for Howell Design & Build.
The applicant is requesting a final release of all funds held for 225 Bridle Path. They
received a permit on September 11, 2003 to allow for a small addition to the existing
kitchen,to add an eating area off the kitchen with a basement below, to add to the
existing living room and to add a study with basement below and a bathroom. On
October 4 a site visit was conducted with the submitted as-built plan. Confirmation from
the Water Department has been given that the home as been placed on town sewer.
Based on the visit and the water department's information I would recommend final
acceptance of the as-built plan and release of all funds held. (JAB)
Phased Development Bylaw Regulations: The regulations have been changed to
reflect the anniversary date revisions to indicate that"the first lot in the subdivision
received all other applicable approvals from land use boards"per the email I sent to the
PB on 10/7/04.
Continued Public Hearings:
1789 Great Pond Road— (Arnone) Mr. Arnone received his variance from the
Zoning Board,of Appeals and as such I have drafted a decision included in your
packets for your review.
Wheelabrator,. At the last PB meeting,the Board continued the hearing for the
following reasons: (1) The Chair of the PB had been actively working on the
matter and the board wanted to wait for the chair's feedback, and(2)there was
discussion of perhaps "phasing"the dioxin/furan testing to allow the testing to be
every six months at first, vs. every 9 months and to increase the time permitted
between testing if those results were positive.
® 15 Timber Lane, Watershed Special Permit: I left a message for their
engineer indicating that as they had not yet applied for the special permit
for the nonconforming lot that this item should be continued. Also, I did
find a letter sent to the town manager from attorney mark Johnson seeking
guidance from the town as to the removal of the cul de sac. The town
manager is searching for his response and I will hopefully have it for the
board to review at the meeting.
The Board reserves the right to take items out of order and to discuss and/or vote on
items that are not listed on the agenda.
desktopOctoberl9PBAnnotatedAgenda
Town of North Andover Q� yORTI1
Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845 �SSA�NUSE�`y
http://www.townofnorthandover.com
P (978)688-9535
F (978)688-9542
MEMORANDUM
TO: Chief Dolan
FROM: Jacki Byerley, Planning Consultant
RE: 1789 Great Pond Road (J
DATE: October 22,2004
The Planning Board has received a revised plan for Plat 35 Lot 40 (1789)Great Pond
Road and would like your comments regarding the driveway. This plan has been in front
of the Planning Board for a year now and has since reverted back to what was originally
submitted to all the departments. If you could please review this plan last revised on
10/18/04 and provide written comments to the Planning Board prior to our meeting on
November 16, 2004. Thank you for help regarding this.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
I AORTH.4 '
Town of North Andover
Office of the Planning Department i
Community Development and Services Division
27 Charles Street �ss�cHUStt
North Andover,Massachusetts 01845
Town Planner. http://www.townofnorffimdover.com P (978)688-9535
Julie Vondrak jvoiidr,tkil_Lowilofrtku•tli,intlow(>r_(om F (978)688-9542
Fc"
To: -y From: Julie Vondrak
lelw'l
Fax: V17 &,Y- (J12Z- Pages: ,including coversheet
Phone: Date:
Re: CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply El Please Recycle
•Comments:
Al
�' C�
f ,
D r---
THE DOCUMENTS INCLUDED IN THIS TRANSMISSION ARE INTENDED FOR THE RECIPIENT TO
WHOM IT IS ADDREESED. IT MAY BE PRIVILIGED AND CONFIDENTIAL OR PROTECTED AS AN
ATTORNEY CLIENT COMMUICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE
NOTIFY(978)688-9535 AND DESTROY THE DOCUMENTS YOU RECEIVED IN ERROR.
Town of North Andover °E N°RT 6�+
Office of the Planning Department
I , A
Community Development and Services Division c --
27 Charles Street
'Y ��NAtto�YPy,tS
North Andover,Massachusetts 01845 �SSACHU$�t
b"://www.townofnorffimdover.com
Town Planner. iparrino��townofitorthandover•com P (978)688-9535
Julie Vondrak F (978)688-9542
September 13, 2004
North Andover Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Att: Ellen McIntyre
RE: Special Permit for 1789 Great Pond Road
Dear Ellen:
It is my understanding that Richard Arnone has filed for a variance with the Zoning Board of Appeals to permit
construction of a driveway off an existing common driveway that currently services two residential homes. The
project has been before the Planning Board for a Watershed Special Permit for over one year. Early in the
permitting process, it was discovered that the newly proposed driveway would be accessed off an existing
common driveway servicing two lots. Section 2.30.1 states"Subject to the granting of a Special Permit from the
Planning Board, a driveway may be shared by not more than two(2)lots". The Planning Board sought an opinion
from Town Counsel who opined that the applicant would have to apply for a variance under Section 10.4 of the
Bylaw for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in order to permit the common
driveway to serve three lots(see attached).
The applicant was instructed to seek relief from the Zoning Board of Appeals, however,the applicant chose to
redesign the project by proposing a separate driveway to service the lot,thus, eliminating the need to obtain a
variance with the ZBA. Upon review of the design,the Planning Board members were of the opinion that the
amount of disturbance associated with the new driveway was unnecessary and could impact the waters of Lake
Cochichewick,which is located directly across the street from the project site. Access of the common driveway
would eliminate substantial grading,tree removal and the addition of impervious surface. The project currently
proposes a significant amount of disturbance within 325' of the Lake.
On behalf of the Planning Board,I would like to recommend that the ZBA highly consider the granting of the
variance to permit the common driveway to service three lots. The lot is located in a very sensitive area directly
across the street from the Lake. The slope and topography of the lot requires substantial grading to accommodate
a driveway and dwelling. Granting of the variance will help to reduce the amount of impervious material on site,
in addition to the need for substantial grading and clearing. The project has been reviewed by VI-IB and drainage
and stormwater improvements have been incorporated into the design. The Planning Board has requested the
applicant to place the utilities along the edge of the driveway to reduce clearing activities. This must be reflected
on a revised plan to be submitted to the Planning Board.
Given the sensitive location of the site within the Watershed Protection District,the Planning Board supports the
granting of the variance in order to protect the interests outlined in Section 4.136 of the Zoning Bylaw.
BOARD OF APPEALS 688-9541 BLJILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Thank you for your consideration and please feel to contact the Board members with any questions.
Sincerejy,' /
(./Julie V ridra�k, Town Planner
cc:Planning Board
Heidi Griffm, Community Development Director
Robert Nicetta,Building Commissioner
Donald Bornstein
URBELIS &FIELDSTEEL, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
CAROL HAIJAR MCGRAVEY Telephone 617-338-2200 Andover
OF COUNSEL Telecopier 617-338-0122 Telephone 978-475-4552
e-mail chm @ufb.com
December 23, 2003
Heidi Griffin
Director of Community Development& Services
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: REQUEST FOR OPINION
1789 GREAT POND ROAD
Dear Heidi:
In response to your request for an opinion as to whether the above-referenced lot is
subject to the zoning by-law restricting common driveways to 2 units,we submit the following.
Your question arises in connection with the application by the owner of 1789 Great Pond
Road for a Watershed Special Permit,which may not be granted unless the premises is in
compliance with the provisions of the zoning bylaw.
Section 2.30.1 of the North Andover Zoning Bylaw, enacted in 1989,provides that,
subject to the granting of a Special Permit by the Planning Board, a driveway may be shared by
not more than two lots. The question has arisen as to whether the lot at issue is "grandfathered,"
and thereby exempt from this provision of the Bylaw.
M.G.L. c. 40A, § 6 provides, in pertinent part:
Any increase in area, frontage, with, yard or depth
requirements of a zoning ordinance or by-law shall not
apply to a lot for single and two-family residential use
which at the time of recording or endorsement,whichever
occurs sooner was not held in common ownership with any
adjoining land, conformed to the then existing requirements
and had less than the proposed requirement but at least five
thousand square feet of area and fifty feet of frontage.
s:\wp5l\work\n-andove\corresp\grifrin.ltr-greatpondrddoc
URBELIS& FIELDSTEEL, LLP
December 23, 2003
Page 2
This provision provides an exemption from area, frontage, width, yard or depth
requirements, but does not, in our opinion,provide relief from the provisions of Section 2.30.1 of
the North Andover Zoning By-Law, which limits the use of common driveways to two lots.
In order to obtain relief from this provision of the Bylaw, it is our opinion that the
applicant would have to apply for a variance under Section 10.4 of the Bylaw for relief from the
provisions of Section 2.30.1 of the Bylaw in order to permit the common driveway to serve three
lots. If the variance is granted, an application may be made to the Planning Board for a common
driveway special permit. Please note the requirement of a maintenance agreement in Section
2.30.1. If the driveway variance and special permit are granted,then the Watershed Special
Permit may be issued.
Please let me know if you have any questions or if we may be of further assistance.
Very truly yours,
i
Carol Hajjar McGravey
CHM/lah
cc: Mark Rees
D. Robert Nicetta
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover,Massachusetts 01810-3706
(978)475-4488
Telecopier: (978)475-6703
Paralegals
MARK B. JOHNSON (MA,NH,DC) KATHRYN M. MORIN
DONALD F. BORENSTEIN (MA,ME) LIANNE CRISTALDI
JAMES BONFANTI (MA) MICHELE C. JONIKAS
MARK A. MEROLLI (MA,IL) KATHLEEN H. HARBER
JOHN G. LAMB (MA) KAREN P. EHRAMJIAN
DAWN M. WALKER
BRANDI D.L. HURD
October 1, 2004
Town of North Andover, Planning Board
Attn: Mary
27 Charles Street
North Andover, MA 01845
Re: Richard Arnone, Jr. /Great Pond Road,North Andover, MA
Assessors Map 35,Parcel Number 40
Water Shed Protection District Special Permit Application
Dear Mary:
Pursuant to the Board's recent request, I enclose ten(10)copies each of the
following:
1. Recorded Easement and Driveway Maintenance Agreement;
2. Recorded Plan of Driveway Easement; and
3. Correspondence from James Senior,Esquire to the North Andover
Building Inspector regarding property's exemption from current
dimensional requirements of the R-1 District.
Should you have any questions or concerns,please do not hesitate to call.
Very truly yours,
LAW O2Borenstein OF
MARK NSO
Donald
DFB/dms
Enclosure
cc: Richard Arnone
F:1new-doc5lamone,richard103 757.2 great pond rd,no andover zbakno.andover pb Ib 10-01-04.doc
1
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B K 13 8 3
DRIVEWAY EASEMENT
AND MAINTENANCE AGREEMENT
(COVERING LOTS A, B AND C, PLAN )
AGREEMENT made and dated this fourteenth day of August, 1979,
by and between the following" parties: �A �� f�
I I'
DOROTHY 0. ARCHAMBAULT (hereinafter Mrs. Archambault);
II ;
JOHN J. KENNEDY and CLAIRE A. KENNEDY, husband and wife,
? (hereinafter the Kennedys);
LOUIS Po MINICUCCI, JR. and JUDITH A. MINICUCCI, husband and
' wife, (hereinafter the Minicuccis); and ; {
II�I zz
EDWARD PALMISANO and CLARA PALMISANO, husband and wife,
(hereinafter the Palmisanos). j
WHEREAS Mrs. Archambault and the Kennedys are conveying Lots
C and B respectively as shown on a certain plan to be recorded in
connection with said real estate transaction and numbered ZAI
h
to the Palmisanos and Minicuccis respectively, and
WHEREAS .Mrs. Archambault' is retaining ownership to Lot A as III .
, .
shown on said plan for her benefit and the benefit of her heirs and r
assigns, and
WHEREAS future sale and/or development of said Lot A will be
dependent upon, and subject to, the use and enjoyment of a,:certain �
right of way or driveway easement over part of said Lots A;and B, and
shown on said plan as "Access Driveway" and including a five foot �"9y b '
maintenance easement on either side, and Flily '
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WHEREAS access to Lots B and C over and across Lots A and B
is absolutely critical for the Minicuccis and Palmisanos, their
heirs and assigns, grantees of Lots B and C respectively, and
WHEREAS the parties wish by this instrument to clarify their
rights to the use.and enjoyment of said common driveway easement
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and the. obligations and duties of a il- parties towards each other,
NOW THEREFORE, the parties, for themselves their heirs and
assigns, .mutually covenant and agree as follows:
The property shown on said plan as Lot C, conveyed by Mrs.
Arhambault to the Palmisanos, and the property shown on said plan �.
as Lot B, conveyed by the Kennedys to the Minicuccis, is and are
conveyed together with and subject to the following easements and
covenants, namely: ?
1. An easement is given and reserved for the benefit of the
owners of Lots A, B and C, for access by vehicular and/or pedestrian
traffic over and upon the portion of land shown on said plan as
"Access Driveway", including a five foot maintenance easement on each
side, and running from the northerly line of Great Pond Road up to
and including the westerly line of Lot C, as shown on said plan.
2. The Minicucdis and the Palmisanos agree to share equally
the cost of snow removal, maintenance and repair of said access a
driveway.
3. Mrs. Archambault covenants for herself, her heirs and
assigns, that any sale or development of Lot A as a dwelling lot
shall be subject to the terms of this agreement, and that in convey-
`� ing title to said Lot A that she will cause to be inserted the
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following language, namely: The premises 'are subject to the pro-
{ visions of a certain Driveway Easement and Maintenance Agreement
dated August 14, 1979, and recorded in North Essex Registry of
" Deeds in Book 1383 Page 3 07
� , g , which shall be the date and place
of recording of this instrument, so as to permit the
p perpetuation
of this easement through, over and across said Lot A, within and
over said Driveway Easement.
4. Should Mrs. Archambault or her heirs and assigns construct
a dwelling on said Lot A which is dependent upon said access driveway,
then the owner of said Lot A, at the time of securing a certificate
of occupancy for said dwelling, shall share equally in the costs of �-
4? maintenance, repair and snow removal on said easement with the then
I;
owners of said Lots B and C. Thereafter each record owner shall have
I
one vote per lot. A vote of at least two-thirds will be!-required to
undertake or commit improvements to said Access Easement and each
lot shall bear one-third of the total cost of any repairs, snow
f
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removal and maintenance.
5. The parties recognize that during periods of .severesnow-
storms or during icy conditions, it may be temporarily impossible
to get up said driveway by motor vehicle. In this regard it is
agreed by the parties that during said periods, temporary parking for
automobiles for the owners of Lots A, B and C, but not to exceed
two vehicles per lot, shail be permitted.at the foot of the hill,
within Lot A southeasterly of the southeasterly line of the Access
Driveway. No obligation however is hereby imposed upon the owner
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310 of said Lot A to grade and maintain said temporary parking area
southeasterly of said Access Driveway.
IN WITNESS WHEREOF the parties hereto set their hands and
i seals on the date above written.
Dorothy rc am au :3
n nne yj
it en
o. s MiniCU&ci, r.
i inicucci
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11' ! war a a o {'
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ara a misano
�RII COMMONWEALTH OF MASSACHUSETTS
1
Essex, ss August 14, 1979.
jThen personally appeared the above-named Dorothy 0. Archambault,
John J. Kennedy and Claire A. Kennedy and acknowledged the foregoing
to be their free act and deed, before me
ernan ern— roin, Notary Public
j My Commission Expires March 5, 1982
Recorded Au .14 1979 at 3:38PM #8109
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LAW OFIgCBS OF JAMES R.SENIOR
)PARK PLACE XAST
348 PARK STREET,SUITE 207
NORTH READING,MASSACHUSETTS 01864
TELEPHONE:(978)6640050
Fax: (978)6649502
May 27,2003
File no./03-008
Building Inspector
Town of North Andover
27 Charles Street
North Andover,Massachusetts 01845
Dear Sir:
Re: 1789 Great Pond)?d., North Andover
]flap 35, Parcel 40
1 have conducted an investigation of the title and zoning history regarding the above property. I have
concluded that,although the property is currently located in an R-1 Zoning District,and is of
inadequate size for a lot in that zone,it is "grandfathered"from the dimensional requirements
currently effective in that zone for the following reasons.
The lot was created by a plan entitled "Plan of Land Prepared for John&Claire Kennedy and
Dorothy Arehambault North Andover,Mass. , endorsed by the North Andover Planning Board on
August 10, 1979,and recorded with Essex North District Registry of Deeds on August 14, 1979,as
Flan No. 8166,
As of the date of the recording of the plan,the property was located in an R-2 Zoning District. In
that District,the area requirement at that time was 43,560 square feet and the frontage requirement
was 150 linear feet. 'These requirements were in effect until at least 1984 (See attached Zoning By-
law printed in 1984.)
At the time of the recording of the above referenced plan,the lot conformed to the then existing
dimensional requirements. Up to the time of the recording of the above plan,land adjacent to the
subject property was hold in common ownership with property located at 1785 Great Pond Road.
However,the property at that time conformed to the dimensio-nal requirements. From August 14,
1979 to the present tune,the subject property was not held in common ownership with any adjacent
property, (See attached ownership chart,)
Based upon the above,it is ray opinion that the property at 1789 Great Fond Rd,,North Andover,
Massachusetts(Assessor's Map 35,Parcel 40)is exempt from the current dimensional requirements
of the R-1 District in which is it currently located,under the provisions of M.G.L. Ch. 40A §6, since
it confonned at the time it was created and has not been held in common ownership with adjacent
land since it ceased to conform to applicable requirements.
V ry truly yours,
S
amen R. Senior
s
a •
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THE ZONING BY LAW
3'
TOWN OF NORTH ANDOVER, MASSACHUSETTS
1972
" Reprinted 1984
1
•'CK '
PLANNING BOARD
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-13-
S 10N 3 ' ZANINO DISTRICTS AND BOUNDARIES
3. Establisbuent of District$
The Town of North Andover is hereby, divided into zoning
districts designated as follows:
Residence I District (R-1)
Residence 2 District (R-2)
Residence 3 District (R-3)
Residence 4 District (R-4)
Residence 5 District (R-5)
Business 1 District (B-1)
Business 2 District (B-2)
Business 3 District (B-3)
Business 4 District (B-4)
General Business District (G-B)
Industrial 1 District (1-1) f
Industrial 2 District (1-2)
Industrial 3 District (1-3)
Industrial 8 District (I-S)
Flood Hazard District
3.2 Zoning Map
The zoning districts established by this By-Law are bounded
as shown on a map entitled "Zoning Map of the Town of North
Andover , dated May 12, . 1972, as the same may be adoptedd by
the Town, and as it may 'hereafter be amended. Said map ac-
companies and Is hereby made a part of this By Law. ' Any land
area not designated upon said map as being within another .
zoning district shall be within' the "Residence-2 District" .
The Flood plain District is defined as all areas so desig-
nated on maps entitled "Flood Insurance Rate Maps" (FIRM) �
and Flood ,Bqunda�ry and Floodway Maps" dated June 15, 1983
and as it 'may hereafter be amended,, on file with the Town
Clerk, incorporated by reference herein.
3.3 District Boundaries
Where uncertainty exists as to the boundaries of any of the
aforesaid districts as .shown on the Zoning Map, the Building
Inspector ,shall determine the location of such boundaries.
In reaching any such determination, the Building Inspector
may properly rely upon the accuracy of the land area descrip-
tions appearing in the Zoning By-Law adopted by the Town in
1956, 'and as thereafter amended, insofar as any of them may
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LAW OFFICE Ot"
MARK B, TODNSOIN OCT 2 0 200
12 Chwnut Street
Andnvcr,Mansashusctts 018103706 `z
NORTH f\ ,
pLAWNCi
(978)475-4499
r�lu<+psa: (978)475-6703
rallic ula
KATHRYN M, MORIN
MIRK U. JOIRMW (MAN 1,10 1.!ANWCRISFAI.DI
MMAIP P. Lpt)M-N!;II!N (MA,MIA MICIII;0.' C. JONIKAS
)AMKfi IIONI'ANTI (MA) KATlII.hRN 11, HARDER
MAUK A. MPRO I 1 (MAIL) KARYN p, P.IIRAMJIAN
)011N (i• I.AMti IMA) DAWN M. WALKER
111tANn1 U.L. HURD
October 20,2004
Via Farsimiir1978-688.9542
vin n'(51 c/11 AS H911
Town of Norili Andover,Planning BOOM
Atlu: Mary It
27 Glories St"ect
North Andover,MA 01845
ltc; Richard Arnone,Jr.I Cyreat Pond Road,North Andover,MA
Mpxs,5ou,Mali 35, Parcel Number 40
t+lc�rh 1,'19 ��inn�� 9lE. riccill l'c it ,lli 't n
I)t Ar Planning i3oard Mo bcrs:
As rrgttostcd.this letter will confirm that the app ennt has requested and
Llsst;lucd to a continuance of the Bodrd's!.gearing on the Above-referenced matter to the
Board's meeting scheduled for 7;00 P.M.on November 16,2004,in the North Andover
1),P.W.buildillg. The applicant filrAtor assents to tho Boards taking of final action on this
;Ippliention by the and of the following;husino.s day.
Very truly yours,
LAW OFFICE,01
MARK B,JOHNS.
Donald F.Doretts in
c�: liich:lra Ar•nollc,Jr.
North Andover Town Clerk
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