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Memorandum
To: Jo ,'
From: Kathleen Bradley Colwell, Town Planner
Date: March 26, 1996
Re: 50 Sutton Hill Road -Watershed Special Permit
Please substitute this decision for for the one previously submitted to your office. There
was a typo in Condition 4c. If you have any questions please do not hesitate to call me at
ext. 535.
cc. M.Armitage
Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 6889530 HEALTH 688-9540 PLANNING 688-9535
50 Sutton Hill Road(Lot 30B Sandra Lane)
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of John J. Burke, 71 Sutton
Hill Road, North Andover, MA 01845 dated December 20, 1995, requesting a Special Permit under
Section 4.136 paragraph 3(b)(i), 3(c)(ii)(1)&(2)of the North Andover Zoning Bylaw to allow surface
and sub-surface discharge of stormwater within the Non-Discharge Zone of the Watershed Protection
District and grading within 75'of the edge of the wetland resource area.
FINDINGS OF FACT:
In accordance with 4.136(4)the Planning Board makes the finding that the intent of the Bylaw, as well
as its specific criteria, are met. Specifically the Planning Board finds:
A. that as a result of the proposed construction in conjunction with other uses nearby,
there will not be any significant degradation of the quality or quantity of water in or
entering Lake Cochichewick. The Planning Board bases its findings on the following
facts:
i. a certification from a civil engineer dated January 14, 1996.
ii. the home will be connected to the Town sewer system and is located more then
100'from the edge of the wetland resource area.
iii. infiltration trenches will be used to filter all roof drains and driveway runoff.
B. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone
for any discharge, structure or activity, associated with the proposed construction as
the entire lot is located within the Non-Disturbance Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following findings:
1. The specific site is an appropriate location for the proposed use as all feasible stormwater and
erosion controls have been placed on the site;
2. The use will not adversely affect the neighborhood as the lot is located in a residential zone;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5. 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 conditions:
SPECIAL CONDITIONS:
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1. The following items must be added to the plan:
a. The 100'line must be marked as the Non-Disturbance Zone.
b. The 4" of cover shown on the infiltration chamber installation detail must be changed
to 12".
2. This decision must be filed with the North Essex Registry of Deeds. The following information
is included as part of this decision:
Plan titled: Site Plan
Lots 28B, 30B, 31A&32A Sandra Lane
North Andover,MA
Drawn For: John J. Burke
Prepared By: New England Engineering Services,Inc.
33 Walker Road
North Andover,MA 01845
Scale: 1"=40'
Dated: December 15, 1995;Last revision date 2-19-96
Any changes made to these plans shall be approved by the Town Planner. Any changes
deemed substantial by the Town Planner will require a public hearing and modification by the
Planning Board.
3. Prior to any work on site:
a. A performance guarantee of two thousand ($2,000) dollars in the form of a check
made out to the Town of North Andover must be posted to insure that construction
will take place in accordance with the plans and the conditions of this decision and to
ensure that the as-built plans will be submitted.
b. All erosion control measures must be in place and reviewed by the Town Planner.
C. The site shall have received all necessary permits and approvals from the North
Andover Conservation Commission, Board of Health, and the Department of Public
Works and be in compliance with the above permits and approvals.
d. All plans for the tie-in to the municipal sewer must be reviewed and approved by the
Division of Public Works.
4. Prior to verification of a Certificate of Occupancy:
a. The catch basin and infiltrator system must be constructed as shown on the plan.
b. The stone wall along a line 75' from the edge of the wetland resource area must be
constructed as shown on the plan. This will be come the limit of lawn.
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C. A wooden stockade fence must be placed along the northern and western(Glen Road)
boundary with property owned n/f by Armitage.
d. The Applicant shall place a stone bollard at the end of the driveway on Sutton Hill
Road. This stone bollard shall have the street number of the home engraved on all four
sides of the stone. The dimensions of the stone shall be as follows:8" x 8" x 72". The
stone shall have 48" exposed and 24"buried, and all numbering on the stone shall be 4"
in height. This condition is placed upon the applicant for the purpose of public safety
due to the length of the driveway.
e. No pesticides, fertilizers, or chemicals shall be used in lawn care or maintenance. The
applicant shall incorporate this condition as a deed restriction,a copy of the deed shall
be submitted to the Planning Board and included in the file.
f. The deed must also contain language restricting the area of maintained lawn to that
area between the stone wall and the home.
g. The structure must contain a residential fire sprinkler system in conformance with the
North Andover Fire Department approved design..
5. Prior to release of the Performance Bond:
a. The applicant shall submit a certified copy of an as-built plan which shows all
construction, including sewer lines, infiltration trenches and other pertinent site
features. This as-built plan shall be submitted to the Town Planner for approval and
shall be stamped by either a Registered Professional Land Surveyor or Practicing
Engineer.
b. The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
6. In no instance shall the applicant's proposed construction be allowed to further impact the site
than as proposed on the plan referenced in Condition#2.
7. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
8. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
9. 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.
10. This permit shall be deemed to have lapsed after a two (2)year period from the date on which
the Special Permit was granted unless substantial use or construction has commenced.
Therefore the permit will expire on &,geCAt l ,�•
cc. Director of Public Works
Building Inspector
Health Agent
3
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
50SUTTONH LL.WSP
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