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Miscellaneous - 1789 GREAT POND ROAD
OCT-20-2004 WED 12:42 PM MARKJOHNSON FAX NO. 9784756703 P. 02/02 LAW OFFICE OF � �C MARK B,J0IINSONn 20004 12 Chestnut Sired ®O� �' Arldever,Massachusetts 01810.3706 pNRO�,(RTF9��}m (973)475-4488 r�lacc>ri (9711)475-6703 r:yukatj KAV-lRYN M. MORIN MARK !s. yoliNSON MA,Nil.DV) 1,IANNI'.CRISIAI,D1 I-KYINAI P I-. U4at:l'.N:;14!N (MA,hll.) will:l ii C. )ONIKAS 1Anakifi IIONVANTI (MA) KATIII.IMN II, IIAK11rR MARK A. WWI)I 1 01A,11-) KAKIN P. I:ItitAMMN J(ASN u, 1AN111 INIA1 I)AWN M. WALKER BRAND) 111. IIURD October 20,2004 Via Enesin ile1974-488-9Sd2 Veryif i,:st(,'lrl,cs it b l 'vows of Norlb Andover,Pl:tltnin;;1100rd Attn: Mary 277(;Innes SiNct North Andover,MA 01945 tte, Richard Arnone,Jr,l Great Pond(toad,North Andover,MA Asstes,SOM Map 35,Parcel Number 40 V�!ute�r 4it 1'IcttectiR►n_ �siric5%caia1 l,c 1: .V2l catirin Dear Plaimin(9, kloard MV1111 ;rs: As requested,this Ic►ttcr Will confirin that the apllucant has lrcyuested and WISC,Iu�d Ion ronti1tt17lace of the Board's!•lcaring on the A ve-rcferenccxi matter to the Board's meetin'T scheduled for TOO p.m.on November 16,2004,in the North Andover t►Lt1ldilrt;• 'rile;Applicant filrthesse r ants to the Boards talking of final action on this :liltylitiantic111 by lie 011(1 of the following busine s day. Very truly yours, LAW OFFICE OF MARK.B,JOI INS Donald F,Do 11 1n 1•)l�l.i/�lrns r� re: tticll:lyd Arttotl4.,Jr. � "(+1t11 Andover Town Clerk F;�:w J.+sl,xrory ti.l,.arl4(s�757 7;pr.A p;nJ,d,nu aa��w�eatto.atttl�+n yb9t 142Q W Pic i REQUEST FOR A CONTINUANCE n NAME: PAL -a'G'`1'u ADDRESS OF PREMISES AFFECTED: ION PHONE NUMBER: AREA CODE:_(jy $ "I WISH TO REQUEST A CONTINUANCE UNTIL THE NEXT SCHEDULED PLANNING BOARD MEETING, 'THEREFORE WAVE THE TIME CONSTRAINTS FOR ISSUING OF ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MA. SIGNED BY PETT PQNER OR REPRESENTA DATE: MWONTINUEANCE 4 Town of North Andover E NORTH,q OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES H 400 Osgood Street. �R,*.o North Andover, Ma 01845 _„ ,- ss� NQS. HEIDI GRIFFIN Director Fax(978)688-9542 (978)688-9531 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing of this notice in the Office of the Town Clerk,Town of North Andover. Date: December 8,2004 Date of Firmin Hearing. Sept.23,2003 thra November of 2004 Decision: December 7,2004 Petition of: Richard J.Arnone 220 Broadway,#101,Lynefield,MA 01940 Premises affected; 1789 Great Pond Road Map 35,Let 40,size of int 58,101 squame feet Referring to the above petition for a Watershed Protection District Special Permit. The application was noticed and reviewed in accordance with the procedures for approval described in Section 4.136, 10.3 and 10-31 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9. So as to allow: for the construction of the single-family dwelling that will occur within the Non- Discharge Zone,while the eonstructim of the proposed dri`cway and underground utilities will occur within the Nem-Disturbance Zme. At a public hearing given on December 7,2W4,upon a motion made by Richard Nardella and a by Felipe Schwarz the Board voted to approve a Watershed Protection District Special Permit for 1789 Great Poral Road based on the following conditions. Signed Alberto Angles,Chairman George White,Viae Chairman Felipe Schwarz,Clerk John Simous Richard Nardella dam Pbinney 1789 GmadbndR 1 BOARD OF APPEALS 388-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 } 1789 Great Pond Road Map 35,Parcel 40 Special Permit-Watershed Prolectim Obtrict The Planning Board hereby grants the Watershed P'rotectm District Special Permit,and mattes the following findings based on the application of Richard.l.Arnone,220 Broadway,#101,Lynnfield,MA,who submitted this application on September 23,2003. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9. The area acted is located off Great Pond Road in the R-1 Zoning District and is identified in the As'sessor's Map and Parcel Numbers shown on the plans cited in Special Condition#1 below. The applicant is requesting a watershed special permit in order to permit certain work related to the comical of a 3AW square foot single-family dwelling„driveway and related grading in the Non-Disturbance,Buffer Zone and Non- Discharge Buffer Zoite of the Watershed Protection District. Specifically,the construction of the single-family dwelling will occur within the Noo-Discharge zone,while the construction of the proposed driveway and underground utilities will occur within the Non-Distuunce Zone. FINDINGS OF F k(7r- In accordance with Section 4.136 of the Zoning Bylaw,the Planning Board nukes the finding that the intent of the Bylaw, as well as its specific criteria,is met. Specifically the Planning Board finds: 1. That as a result of the proposed mon in coitjeuidtion with other use nearby, there will not be any sgaificant degradation of the duality or quantity of water in or entering Lake CodudwAnck. The Planning Board bases its findings on the hollowing facts: a) The proposed dwelling will he connected to the Town sew sy.,Wn; b) A covenant will be plaited in the deed Wing the types offatdtizers that can be used on the site. e) The topography of the site was altered but has been minimized so as to reduce,the net amour of impervious area created. d) The limit of clearing is reed to the minimum necessary to cid the structures and appurtenances; e) A construction phasing plan and icy reVonm pmt are Pwtded. 2. There is no reasonable ahmnative logia►outside the NonrDistu dvince Buf Far Zone and Nota Zone for any discharge,structure,or activity,associated with the proposed project. All homes,unpervious areas and utilities are shown in areas that are allowed by right under Semon 4.136 of the North Andomw Zoning Bylaw. The proposed dwelling and driveway have been lorded as to minimize the grading and earthv"k requited to complete the project and rude vegetative cover as quddy as possiible. Furthermore,the applicant las placed the construction of the proposed dwelling as far away as possible fi ora the annual high water mark of Lake Cochiewidc. In accordance with Section 10.31 ofthe North Andover Zoning Bylaw,the Planning Board melees the following findings: a) The specific site is an appropriate location for the proposed use as all feeble storm water and crosion controls have been placed on the site—the proposal has been reviewed by the town's outside co g engineer, VW to ensure that cmtr& are in places also the applicant filed for a Request for Ddamination of Applicability avid received a naive dee°mination by the C4111190vatim Commission on Gctobw 22,2003; b The use will not adversely affect the ne4oibo hood as the W are:loud in a rosidential zone"the Proposed single family dwelling is adjacent to two eadsting residential ids; c) There will be no nuisance or serious bard to vein or pedmtrking as the driveway although fte p,and potentially inaccessible during severe weather conditions, has been constructed aeemlitg to aweptable engineering prawce, in addition, the proposed -tamdy rhe will have a sprinkler system 2 installed to provide fihrther prof t on to the residexm Finally,the lower sect of the driveway is ak+eady utilized to access Lots B and C and the proposed driveway will serve as additional access to the single- family dwelling,and the proposed.driveway will be paved in its entire kngth to provide tri and support for fire apparatus and amb. d) Adequate and appropriate theilities are provided for the proper operation of the proposed.use—the house will be serviced by sewer and underground utilities for electric cable and telephone services; a soil percolation test was conducted by the Board of Healtb Consultant to ensure that the dry well has been sized properly, and a catch basin has been added at the base of the proposed driveway and is cid to the closed drainage systern located on Great Pel Road via a piqued ounnection as reqxsted,by the Deparimmt of Public Works, e) The Planning Board also makes a specific finding that,the use is in harmony with the gmeral purpose and intent of the North Andover Zoning Bylaw since the use meets all the performance suds and Brite m of the Zoning Bylaw described above. Upon reaching the above findings,the Plamung Board approves this Special Permit basad upon the kilo wing ca ndbons: ISEMAL CNDffJUN& 1) This decision must be filed with the North Esm Regi of Deeds The fAnving ink is included as pant of this decision: a) Play titled: Proposed Site Pte,Map 35,Lot 40, Great Pond Road Dated: 8/14/03,revised 9/16W,10/15103, LININ !# Applicant: Richard Arnone Civil Engineer. Md(enzieEngineer ing Group,Inc. 196 Central Street Saugus,MA 01906 Sheets: 1-3 Scale: 1' 2t1' b) Report titled: Roof Dryweli Siring Calmlabons for 1789 Great.Pond Road Prepared by: Mdenzie Engem Group,Inc. 196 Central Street MA 01906 Dated- October 31,2003 e) The Two Planner AM approve any'insubsbadd changes made to these pbm and repor ls.Any changes deerned suhshmCW by the Town Pbmker shall be prese nied to the Phunkiag Board for a determination of whether such dwages woWd merit a pWAe meedug or bearing and/or modification of the Specbd Permit by the Naammg Board. 2) Priw.toaywork on.siteA a) A performance guarantee of five thousand dogma($5,000)m,the form ofa che&made out to the Town of North Andover must be posted to instre that construction will take place in accordance with the plans and the conditions of this decision and to eahsare that the as built plans wr71 be shitted. b) The limit of work as shown on the plash by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner. e) All erosion control measures as shown on the pion must be in place and reviiawed by the Town Pbnow 3 d) The site shall have received all nary permits and approvals fixim the North Andover Conservation Commission, Board of Health, and the Department of Ptd Works mid be in compliance with the above permits and approvals(copies of which should:be provided to fl*J arming Office.) e) All plans for the tine-in to the municipal sew mut be irviewtad and approved by the Division ofPublic Warks,. 1) A construction-phasirig plan as shown on sheet 3 of 3 of the submitted plan shall be strictly adhered to during construction. The standard construction sequence outlined on sheat 3 of 3 is followed for Spring,and Stammer construction. If construction is onguirig during the We fall and winter months,the contractor should New the following erasion control If construction activities we planned during the winter martft(Dce-thru March) then the North Andover Planning Board shall be natified in vying as to the specific construction activities and crosion control mmsure& Iflaixies andskabon fence have not been properly installed bekre the ground freezes, than construction activities should not commence until they can be installed properly or an approved alternative(filter berm)is approved. Exposed sod areas shouldbe covered vW&hay or a compost mile tsoprevent the migration of fines timord thelak-a g) An emergency response plan is required to be prided to the Town Planer prior to arry construction commencing. h) 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 fine alipwatus and am 3) Emdatim Plan;immediately upon compleiian of*e dwelling kundafion and prior to firth ewstruCtim activities associated with die site,the applicant shah complete a per prepared by a Registered holieWC1181 land Surveyor(P P.L.S.)which accurately depicts the founda"loc a iW and its prOdmity to wcdalld resource areas and watershed buffer zones as shown en the approved Wates Special Plan. Said plus shall be submitted to the Town Planner for review to verify that the setback hunts under the Vocal permit have been met. (The applicant is regtured to take all responsibility to address any concerns in the mom of the appropriate plaiceniont of the foundation) The proposed retaining wall at the rear of the property will not exceed 4'in height. 4) The applicant shall adhere to the following requireinents of the Fires DTfirtment and the Building Dqartment: a) The Fire Department is opposed to the construction,of dee driveway at the approved grades. To minimize the risk to public safety,all des must contain a residential fire sprinkler rystem. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Dqxuftent. b) All vegetative fuels shall have been removed in accordance with Condition 2G above and must W inspected and approved by the Fire Prevention Officer. c) (Grading pian shall be provided and coincide with Vproved grading on plan dated 10/15/04)and approved by the Towrn Planner. d) Building permits must be obtained for retaining walls over 4'high on unbalanced fill. e) The applicant shall clear the wive fine' located in the vicinity of the proposed dwelling,and construct appropriate"fire wise landscWMC in its pjao_ fhe applicant shall mark the clearing of the vegetative fires in the field and this must be reviewed.and approved by the Fire Prevention Officer (Wifiction fix m the Fire Prevention Office must be provided to the Planning aloe). $) Prior to verification of a C otdEate cfYkCCmow- 4 a) The residential fire sprinkler systems must be installed in accordance with ref enced standard NFPA 13D and in accordance with 780 CMR,Chapter 9 of the Massachusetts Stye Building Code. Certification that the systems have been installed properly in accordance with flue abs referenced mans must be provided Jim bath the North Andover Fire Department and the North Andover Building Department. b) The Town Planner wall be providW with a off*of the deed to each lot which shall include a deed restrietim which provides that no pesticides,fertilizers or chemicals shall be used in awn care or maintenance for that lot and provides that all requirements contained within this special permit shall be maintained in perpetuity so long as the lot is utilized for residential proposes. c) The applicant shall utilize the existbW brick matkeur to display the bmw numbers for ideotificatiori ptnpases. The brick marker shall have the street numbers ofall houses engraved on all four sides of the stone,and all numbering on the stone shall be 4"in height.The brick marker shall be established in a suitable location as determined by the Fire (in accordance with the 911 )and will be inspected by the Town Planner to ensure this condition has been met. d) The applicant shall submit an w bWkplan depicting that the topography and the final Wades of the site were built in accordance with the approved plans. The Planaft staff shall review the site. Any mitigation due to over csuttm&etc.,as may be reasomMy required by the Ding staff shall be added at the applicwfs fie. () Prior in release of the Perforymna Roo a) The applicant shall subinit an as built plan stamped by a Re&kred Professional Engineer in ll assachuseds that shows all construction,including saw litres,storm water mitigabori ftnelies and:odw pertment site katirm This as-built plan shall be submitted to the Town Platuner and the Department of Public Works for appmal.The applicant must submit a cerlification frau the design enginea that the site was constructed,(and work was performed in accordance with standard engineering. pachm)as shown on the approved plan. b) The Planning Board must by a ma*ity vote make a finding that the site is in conk mance with the approved plan. 7) In no instance shall the applicant's proposed cortstructim be allowed to firdier impact the site than as proposed on the plata referenced in Condition#1. 8) No opera burning shall be done except as is permitted dining hirning season under the Fire Depertmeait regulations. 9) The Contractor shall contact Dig Safe at levA 72 hours pry to commencing excavation. 10) The provisions of this conditional approval shall apply to and be binding upon to pmt,ifs emP1030M aid ail successors and assigns in inter or control. 11) This permit wall be deemed to have lapsed after a two.(2)yew period from the date on which the Special Permit was granted(on December 2606)runless substantial use or construction has cahmhenced. W. Applicant Engineer DPW "ding Dept. Conservation Dept. Health Dept. Assessors Police Chief Fire Chief niIdmk"MocisioWI789Decisiw Pwmk J Town of North Andover t NORrH 1 OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° p ° t Y 400 Osgood Street �1SS�iTHu 4� North Andover, Ma 01845 HEIDI GRIFFIN Director Fax(978)688-9542 (978)688-9531 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing of this notice in the Office of the Town Clerk,Town of North Andover. Date: December 8,2004 Date of Find Hearing: Sept.23,2003 thru November of 2004 Decision: December 7,2004 Petition of: Richard J.Arnone 220 Broadway,#101,Lyanlield,MA 01940 Premises affected: 1789 Great Pond Read Map 3S,Lot 40,size of lot 58,101 square feet Referring to the above petition for a Watershed Protection District Special Permit. The application was noticed and reviewed in accordance with the procedures for approval described in Section 4.136, 103 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9. So as to allow fix the bion of the single-family dwelling that will occur within the Non- Discharge Zone,while the construction of the proposed driveway and undaV and utilities will occur within the Non-Disturbance Zone. At a public hearing given on December 7,2004,upon a motion made by Richard Nardella and a by Felipe Schwarz the Board voted to approve a Watershed Protection District Special Permit for 1789 Great Pond Road based on the following conditions. Alberto Ames,Chairman George White,Viae Chairman Felipe Schwarz,Clerk Jahn Simons Richard Nardella James Phinney 1 BOARD OF APPEALS 388-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 i 1789 Great Pond Rom Map 35,Parcel 40 - Special Perms-Watershed Prohctioa Dish W! t`� and makes the flown The Planning Board hereby grants the Watershed Protection District Special Permit, g findings based on the application of Richard L Arnone,220 Broadway,#101,Lynnfield,MA,who submitted this application on September 23,2003. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3,and 1031 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9. The area affected is located off Great Pond Road in the R-1 Zoning District and is identified in the Assessor's Map and Parcel Numbers shown on the plans cited.in Special Condition#1 below. The applicant is requesting a watershed special permit in order to permit certain work related to the construction of a 3,400 square foot single-family dwelling,driveway and related grading in the Non-Disturbance Buffer Zane and Non- Discharge Buffer Zone of the Watched Protection District. Specifically,the construction of the single-family dwelling will occas within the Non-Discharge zone,while the construction of the proposed driveway and underground utilities will occur within the Nan-Disturbance,Zone. FINDINGS OF FACT-- in A(T:In accordance with Section 4.136 of the Zoning Bylaw,the Planning Barad makes the finding that the intent of the Bylaw, as well as its specific criteria,is met. Specifically the Planning Board fords: 1. That as a result of the proposed doh in ompmc m with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochwhewick. The Planning Board bases its findings on the Mowing facts: a) The proposed dwellingwill be connected:to the Tom sewer system; b) A covenant will be placed in the deed limiting the types of fertilizers that can be used an the site. c) The topography of the site was altered but has been minimized so as to reduce the net amount of iinpevious area created. d) The limit of clearing is restricted to the minimum necessary W ooMstrud the structures and appurtenances; e) A coon Phasing plan and emergency response'plat are pravidod. 2. There is no reasonable alternative location outside the Nat-Disturbarroe Buffer Zone and Alan-Disse Zone for any discarge,structure or activity,associated with the proposed project. All homes,impervious areas and utilities are shown in areas thin are allowed by right under Section 4.136 of the North Andover Zoning Bylaw. The proposed dwelling and do vway have been located as to minimize the grading and earthwork required to complete the project and restore vegetative cover as quickly as possible. Furthemore,the applicant has placed the construction of the proposed dwelling as far away as possible from the annual high wager mark of Lake Cocuiewick. In accordance with Section 10.31 of the Nash Andover Zang Bylaw,the Planning Board snakes the Ulowing findings: a) The specific site is an appropriate location for the pr9oposed use as all feasible stem water and erasion controls have been placed an the site—the proposal has been reviewed by the town's outside consulting engineer, VHS, to ensure that adequate stormwater controls are in place; also the applicant filed for a Request for Determination of Applicability and received a negative determination by the Coosa vatian Commission on October 22,2003; b) The use will not advesely affect the neighborhood as the lots are looted in a residential zow the proposed single family dwelling is adjacent to two eadsting residential lots; c) There will be no nuisance or serious hamrd to vehicles or pedestrians as the driveway although steep,and potentially inaccessible during severe weather conditions, has been constricted according to acceptable engineering practice. In addition, the Proposed smgle-fi roily residence will haw a sprinkler system 2 installed to provide fihrther protection,to the residence. Finally,the lawn section ofthe driveway is already utilized to access Lots B and C and the proposed driveway Will serve as additional access to the single- family dwelling,and the proposed driveway wh'Il be paved in its entire length to provide traction and support for fire apparatus and ambulances. d) Adequate and appropriate f ci ifies are provided for the proper operation of the proposed use—the house will be seaviced by sewer and underground utilities 1hr dedric cable and telephone services; a soil percolation test was conducted by the Board of Health Consultant to erre that the dry well has been sized properly;and a catch basin has been added at the base of the proposed driveway and is connected to the closed drainage system located on Creat Pond Road via a piped connection as requested by the Department of Public Warks. 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 Toning Bylaw since the use meets all the performance and a-tam of the Zoning Bylaw described above. Upon reaching the above findings,the Planning Board approves tris Special Permit based upon the fallowing conditions: 1) This decision must be filed with the North Essex Registry of Deeds.. The followmg inbnwhon is mduded as part of this decision: a) Pbuh titexl: Proposed Site Pah,Nap 35,Lot 40, Great Pond Road Dated: 8114/03,revised 9/16103,10/15103,D5W Applicant: Richard Arnone Civil Fahgineer: a Engineering Group,Inc. 196 Central Street Saugus,MA 01906 Sheets: 1-3 Scale: 1'-20' b) Report tided: Roof Drywefl Sizing Calculations far 1789 Great Ped Road Prepared by. Mcf(enzie FzgWeering Groh,Inc. 196Central Street Saugus,MA 01906 Dated: October 31,2003 C) 'The Town Planner sha/approve any insubsbaW civets made to obese plans aacl r purls Ary changes deemed sebsdhstial by the Tanen Planner shall be phvsented to the Manning Board for a deknmination of wbelier such changes would merit a public meedeg or hearing and/or modification of the Special Perod by the Plamung Board. 2) Pdw to pyo®site: a) A performance guarantee of five tihowmW doNars(55,000)in the form ofa check made out to the Tarin 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 ensum that the as-xdk plans will be submitted. b) The limit of work as shown an the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Torun Planner. c) All erasion control measures as shaven on,the plan musk be in place and reviewed by the Town Planner. 3 d) The site shall have received all necessary permits and approvals frau the North Andover Carse wAm Commission, Beard of Health, and the Department of Public Wada and be in compliance with the above permits and approvals(copies of which should be provided to the.Pl mmng Office.) e) All plans for the tie-in to the municipal sever must be reviewed and approved by the Division of Pubic Warks A comm-fig pmt as shorn on sheet 3 of 3 ofthe submitted plan smell be strictly adhered to during construction. The standard cocci sequence outlined on sheet 3 of 3 is followed for Spring,and Stammer oonstructian. If construction is ongoing during the late fall and winter mmdis,the contractor should fellow,the Mown erosion control measures: if constinrchot activities are planned during the wringer months(Dec.thru Marro) then the North Andover Planning Board shall be notified in writing as to the spW&construction activities and erosion control mamvs. If habalcs and siltation fence have not been properly installed boor a the Wotod freezes, thea const uchm activities should not commence until they can be installed properly or an approved alternative(filter bean)is approved. Ex"ed sod areas should be covered with hay or a compost mix to prevent the migration of fines toward the lake. g) An cmergency response plan is required to be provided to the Town Planner prior to any construction commencing h) The driveway shall be paved its entire length using the bituminous cmca ete as shown of the plan or hot tap with suitable subsu dace to provide tradiai and support for fire apparatus and ambulances. 3) Emdxdm P122:Mediately upon completion orf the dwelling foundation and prior to firdice constructim activities associated with the site,the applicw t shall complete a plan prepared by a Registered Prof ml Land Surveyor(R.P.L.S.)which accurately depots the fntndaaim location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Special Plan. Said plata shall be submitted to the Town Planner for review to verify that the seftc k limits under the special permit have been met. (The applicant:is required to take all responsibility to address any concerns in the maw of the appropriate placement ofthe Po on) The proposed retaining wall at the rear of tie property will not aweed 4'in Height 4) IlMopplicationafhaddiggpetnft The applicant shall adhere to the following requirements of the Fire Department and the Building Department a) The Fire Department is opposed to the construction of the driveway at the approved Wades. To minimize the risk to public safety,all structures must curtain a residential fire Rwinklcr system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the Nath Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. b) All vegetative feuds shall have been removed in accordance with Condition 2G above and must be inspected and approved by the Fire Prevention Otlicer. c) (Grading plan shall be provided and coincide with approved Wading an plain cued 14115M)said approared by the Town Planner. d) Building permits must be gained for retaining walls over 4'High on unbalanced fill. e) The Wlicanht shall dear the`Yegetative finds" laded in the vhcxnitj+of the proposed dwelling and construct appropriate"fire wise landscapnirt f in its plaice. The applicant shall mark the clearing of the vegetative finds in the field and this must be reviewed and Mwoved by the Fire Prevention Officer (yerifictioi from the Fire Preve nfm Office must be provided to the Pluming Officeil 4 a) The residential fire sprinkler systems most be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR,Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above rebenced regulations must be provided from both the North Andover Fine Department and the Noah Andover Building Department. b) The Town Planner snail be provided with a copy of the deed to each residential lot which shall indude a deed restriction which provides th#no pesticides,fertilizers or chemicals shall be used in lawn care or maintenance for that lot and provides tug all requirements contained within this special permit shall be maintained in perpetuity so long as the kat is utilized for rel purposes. c) The applicant shall utilize the existing brick marker to display the house numbers for identification purposes. The brick marker shall have the street nunbets ofatl houses engraved on alt fi sides oftre stone,and all numbering on the stone shall be V in height.The brick marker small be established in a suitable location as determined by the Fire Deportment(in accordance with the 911 coordinator)and will be inspected by the Town Planner to ensure this condition has been met. d) The applicant shall submit an a&4x&plan depicting that the topography and the final grades of the site were built in accordance with the apprmred plans. The Plannhhg staff shall review the site. Any mitigation due to over eating,etc,,as may be reasonably refired by the Planning staff Mall be added at the appiicmrt's expense. 6) a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construcbm,including sewer lines,stem water mitigation trend and other pertinent site teahwft This m built plan shall be submitted to the Town Planner and the Department of Pr)lic Works for gyral.The applicant must submit a certification from the design engineer that the site was constructed (and work was perkrmed in accordance with standard engineering practice)as shown an the approved plan. b) The Planning Board must by a majority vote make a fording that the site is in conformance with the approved per• 7) In no instance shall the applica es proposed construction be allowed to fiiiiher impact the site than as proposed on the plan rekrenced in Condition#1. 8) No open burning shall be done except as is permitted during burning season ander the Fire Department regulations. 9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing encaVWM. 10) The provisions of this conditional approval shall apply to and be binding upw the whcant,it's enhp414m and all successors and assigns in interest or control. 11) This permit shall be deemed to have lapsed alley a two,-(2)year period from the date on which the Special Permit was granted(on December 2006)unless substantial use or construebon has commenced. W. Applicant F DPW Building Dept. Conservation Dept. Health Dept. Assessors Police Chief Fire Chief ni** dn"DecWm sir Pcm* 5 A Town of North Andover of OFFICE OF �: `•4 �`'• °gip COMMUNITY DEVELOPMENT AND SERVICES 400 Osgood Streeti•D */ o 7 D7gw� 1- North Andover, Ma 01845 ,SSS HU`✓E� HEIDI GRIFFIN ~~ t Director Fax(978)688-9542 (978)688-9531 NOTICE OF DECISION An a shall be filed This is to certify that twenty(20)days Any ppm have elapsed from date of decision,filed within(20)days after the without filing of an a date of filing of this notice Date peal. in the Office of the Town JoyCe .Bradsha Clerk,Town of North Andover. Town Clerk Date: December 8,2004 Date of First Hearing: Sept.23,2003 thrr November of 2004 Decision: December 7,2004 Petition of- Richard d.Arouse 220 Broadway,#101,Lynnnekl,MA 01940 Premises affected: 1789 Great Pond Road Map 35,Lot 40,sine of lot 58,101 square feet Referring to the above petition fir a Watershed Protection District Special Permit. The application was noticed and reviewed in accordance with the procedures for approval described in Section 4.136, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9. So as to allow. for the construction of the single-family dwelling that will occur within the Non- Discharge Zone,while the construction ofthe proposed driveway and underground utilities will occur within the Non-Disturbance Zone. At a public hearing given on December 7,2004,upon a motion made by Richard Nardella and tad by Felipe Schwarz the Board voted to approve a Watershed Protection District Special Permit for 1789 Great Pond Road based on the following conditions. Sighed Alberto Angles,Chairman George Whitt,Vice Chairman Felipe Schwarz,Clerk dohs Simons Richard Nardellae James Mosey n�itxtlt789 1 BOARD OF APPEALS 388-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t l• 1789 Great Pond Road Map 35,Parcel 40 Special Pence-Watershed Preteetim District The Planning Board hereby grants the Watershed Protection District Special Permit,and makes the following findings based on the application of Richard L Arnone,220 Broadway,#101,Lynnfield,MA,who submitted this application on September 23,2003. The applicant submitted a complete application which was noticed and reviewed in aceordarnce with Section 4.136, 10.3,and 1031 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9. The area affected is located off Great Pond Road in the R-1 Zoning District and is identified in the Assessor's Map and Parcel Numbers shown on the plans cited in Special Condition#1 below. The applicant is requesting a watershed special permit in order to permit certain work related to the construction of a 3,400 square foot single-family dwelling,driveway and related grading in the Non-Disturbance Buuffa Zone and Non- Discharge Buffer Zone of the Watershed Protection District. Specifically,the construction of the single-family dwelling will occur within the Non-Discharge zone,while the construction of the proposed driveway and underground utilities will occur within the Nal-Disturbance Zone. FINDINGS OF FAC Ee In accordance with Section 4.136 of the Zoning Bylaw,the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,is met. Specifically the Planning Board finds. 1. That as a result of the proposed construction in conpiricb n with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochidewwk- The Planning Board bases its findings on the following fads a) The proposed dwelling will be connected to the Town sewer system; b) A covenant will be placed in the deed limiting the types of fertilims that can be used an the site. c) The topography of the site was altered but has been minimized so as to reduce the net amount of impervious area created. d) The limit of clearing is restricted to the minimum necessary to construct the structures and appurtenances; e) A construction phasing plan and emagenc response plan are Pr's 2. There is no r altanctive location whide the Nm4hsturbanm Bum Zane and Nan-Dische Zane for any discharge,structure or activity,assocdated with the proposed project. All homes,imps viers area and utilities are shown in areas that are allowed by ri&under Section 4.136 of the Nath Andover Zoning Bylaw The proposed dwelling and driveway have been located as to minimize the grading and earthwork required to complete the project and restore vegetative cover as quickly as possible Fur hermem the applicant has placed the cop al of the proposed dwelling as for away as possible from the annual high water mark of Lake Cochiewick In accordance with Section 10.31 of the North Ando%w Zoning Bylaw,the Plarming Board makes the Ulowing findings: a) The specific site is an appropriate location for the proposed use as all kasible storm water and erosion controls have been placed on the site—the proposal has been reviewed by the town's outside consulting engineer, VHB, to ensure*A adequate stormvva w wrilrois are in place; also the applicant filed for a Request for Determination of Applicability and reed a negative deilermhution by the Conservation Commission on October 22,2003; b) The use will not adversely affect the nesghboheod as the lots are located in a residential zone the proposed single family dowelling is adjacent to two eking residential lots; c These will be no nuisance or serer hnarmd to ars the driveway vehicles or pedestrians y although steep;and potentially inaccessible during severe wed conditions, has beau constructed according to acceptable engineering practice. In addition, the proposed ale-firu1Y residence will have a sprinkler system 2 installed to provide further mon to the residence, Finally,the lower section of the driveway is already utilized to access Lots B and C and the proposed driveway will serve as additional access to the single- f unily dwelling;and the proposed driveway will be paved in its entire length to provide traction and support for fine apparatus and ambulances. d) Adequate and appropriate facilities are provided for the proper operation of the proposed use--the house will be serviced by sewer and underground nd utilities for electric cable and telephone services a sail percolation test was concocted by the Board of health Conshultant to ensure that the dry well has been sized properly;and a catch bin has been added at the base of the proposed driveway and is connected to the dosed c>ramage system located on Carat Pond Road via a piped connection as rearmed by the Department of Public Walcs. e) The Planning Board also makes a specific finding that the use is in harmany with the general purpose and intent of the North Andovw Zoning Bylaw since the use meets all the performance standards and criteria of the Zoning Bylaw described above. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is mduded as part of this decision: a) Phan titled: Proposed Site Plan,Map 35,Lot 40, Great Pond Road Dated: 8/14103,revised 4116103,10/15103,m3iwd ifin SM14 Applicant: Richard Arnone Civil Engineer McKenzie Engineering Group,Inc. 196 Central Street Saugus,MA 01906 Sheers: 1-3 Scale. 1'-20' b) Report titled: RoofDrywell Sizing Calculations for 1784 Great Pond Road Prepared by Md(enzie Engineering Group,Inc. 196 Central Street Saugus,MA 01906 Dated: October 31,2003 c) The Tows Planner sly approve any insubstantad dWoges made to these pians and repoib.Any changes deemed ssbstastiai by the Tom Planner sbail be presented to the Planning Board for a determination of whether such changes vwosld merit a public meed or bearer and/or modification of the Special Peru by the Planning Board. 2) Prior to mW yvark m sift: a) A performance guarantee of five thousand dollars(55,000)is the foam of a check made out to the Town of Nath 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) The limit of wait as shown on the plan by the erosion control lire must be marked in the field and mut be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plain must be in place and reviewed by the Town Plainer. 3 d) The site shall have received all necessary permits and approvals fi-om the Nath Andover Conservation Commission, Board of , and the Department of Public Waits and be in compliance with the above permits and approvals(copies of vduc h should be provided to 11110 anning OffiM) e) All plans for the tie-in to the municipal sewer must be reviewed weed and approved by the Division of Public Works A construction-phasing plan as shown on sleet 3 of3 of the omitted plan shall be stricxly adhered to during construction. The standard construction Samoa outlined on sheet 3 of 3 is followed for Spring,and Summa construction. If construction is ongoing during the late fall and water mortis,the contradox should follow the bnowmg erasion control meastues: ffcostructm activities are planned during the winter mantl>.s(Dae.thru Manan) then the North Andover Planning Board shall be notified in writing as to the specafnc construction activities and erasion control measures. If hales and siltation force have not been properly installed before the ground freezes, then construction, activities should not oommence until they can be installed properly or an approved alternative(fibs berm)is approved. Fxpos ed soil areas should be cowered with bay or a compost mix to prevent the migration of fines toward the lute. g) An emergency response plan is required to be psoivided to the Tam Planner prior to any construction commencing- h) h) The driveway shall be paved its entire length using the bituminous concrete as sham of the plan or hot bop with suitable smbsuflaoe to provide traction and support for fire apparatus and ambulances. 3) :Immediately Upon completion ofthe dwelling ii,mdatio n and prior to fined er CQnStrUCfiM activities associated with the site,the applicant shall complete a plan prepared by a Registered Prate Land Surveyor(R.P.L.S.)which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buf w zones as shown on the approved Watershed Special Plan. Said plan shall be submitted to the Town Planner far review to verify that the setback limits under the special permit have been met. (Toe*Ph mut is required to take all responsibility to address any concerns in the matter ofthe WmPriaft placement ofthe foudatim The proposed retaining wall at the rear of the property will not exceed Vin height; 4) The applicant shall adhere to the following requirements of the Fixe DeparEmont and the Building Department: a) The Fire Department is opposed to the construction of the driveway at the approved grades. To minimize the risk to public safety,all des must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. b) All vegetative fuels shall have been removed in accordance with Condition 2G above and must be inspected and approved by the Fire Prevention Officer. c) (Grading plan shall be provided and coincide with approved grading on plan dated 10115104)and approved by the Town Planner. d) Bugg permits must be obtained far retaining walls over 4'high on unbalanced fill. e) The applicant shall clear the-vegetative finer' locked in the vicinity of the proposed dwelling and construct appropriate,,fire wise landscaping,in its plao_ The applicant shall mark the clearing of the vegetative fuels in the felt and this must be reviewed and approved by the Fire Prevention MCI` (wific im from the Fire Prevention Office must be provided to the Plarming Offioe� 4 a) The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR,Chapter 9 of the Massachusetts State Building Code Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from bah the North Andover Fire Department and the Noth Andover Building Det. b) The Town Planner shall be provided with a copy of the deed to each ramal lot which shall include a deed restriction which provides that no pesticides„krtilizs or chemicals shall be used in lawn care or maintenance for that lot and provides that all requireinents contained within this special permit shall be mambined in perpetuity so long as the lot is utilized for residential purposes. c) The applicant shall utilize the existing brick marker to display the house numbers for identification purposes. The brick marker shall have the street numbers ofall houses engraved on all W sides ofthe donei and alt numbering on the stone shall be Cin height.The brick marker shall be established in a suitable lotion as determined by the Fire Department(m accordance with the 911 coordinator)and will be inspected by the Tawe Planner to ensure this condition has been met. d) The applicant shall submit an as built plan depicting dug the topography and the final grades of tie site were built in accordance with the approved plans. The Planning staff shall review the site. Any mitigation deme to diver cutting,etc.,as may be reasonably regrrircd by the Planning staffshall be added at the apple's a gxnse. a) The applicant shall submit an asr-built plan stamped by a Registered Professional Engineer in Massarhuselts that shows all constnac ion,including sewer lines,storm water mitigation trenches and caber perbrient site few This as-built plan shall be submitted to the Town Plaimer and the D"trieut of Public Woks for Vprnval.The applicant must submit a cerfifiration from the design engineer that the site was constructed (acrd work was performed in accordance with standard engincering practice)as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved per• 7) In no iunstanee shall the applicant's proposed construction be allowed to further impact the site than as proposed an the plan rekrenced in Condition#1. 8) No open burning shall be done except as is permitted during burning season under the Fire Department regulatiom 9) 'The Contractor small contact Dig Safe at least 72 hours prior to canmencing eaccavatiim. 10) The pronnsiom of this conditional approval shall apply to and be binding upon the applicanties employees and all successors and assigns in interest or control. 11) This permit shall be deemed to have lapsed after a two-(2)year period from the date an which the Special Permit was granted(on Deeember 20!)6)unless substantial use or construction has eon. W. Applicant Engineer DPW Building Dept. Conservation Dept. Ili Health Dept. Assessors Police Chief Fire Chief mihdWVwprdxi*aI799Dodsim Speed Panjit 5 ' oRrl, - Town of North Andover f N Office of the Zoning Board of Appeals Community Development and Services Division * _ ♦ s +� 27 Charles Street ` °+ •�---- + a'►wna North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 This is to certify that tweray ,"u? �I . have elapsed from date of decision,toi . without filing of an ap a{. I/— 02 o4� - Date -_ C- Joyce A.Bradshaw Any appeal shall be filed Notice of Decision Town Clerk within(20)days after the Year 2004 =_= date of filing of this notice > in the office of the Town Clerk. Pro at: 1789 Great Pond Road pw.� NAME: Richard Arnone,26 West Meadow HEARING(S): September 21& Road,Haverhill,MA for premises at: October 12,2004 J ADDRESS: 1789 Great Pond Road PETITION: 2004-026 North Andover,MA 01845 TYPING DATE: October 15,2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday,October 12,2004 at 7:30 PM upon the application of Richard Arnone,26 West Meadow Road,Haverhill,MA for premises at: 1789 Great Pond Road,North Andover,MA requesting a Variance from Section 10.4,for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in order to allow use of an existing common driveway by a third home. The said premise affected is property with frontage on the North side of Great Pond Road within the R 1 zoning district. The legal notice was published in the Eagle Tribune on September 6& 13,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,and Albert P.Manzi,III. The following non-voting members were present: Thomas D.Ippolito, Richard M.Vaillancourt,and David R Webster. Upon a motion by John M.Pallone and 2°d by Richard J.Byers the Board voted to GRANT a Variance from Section 10,Paragraph 10.4 for relief from the provisions of Section of 2.30.1 of the Zoning Bylaw in order to allow the use of an existing common driveway by a third home per Proposed Site Plan Plat 35,Lot 40,Great Pond Road in North Andover,Massachusetts,Date:August 18,2004 by Bradley C.McKenzie, Registered Professional Civil Engineer,#36917,McKenzie Engineering Group,Inc., 196 Central Street Saugus,Massachusetts 01906. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse, Richard J.Byers,and Albert P.Manzi,III. The Zoning Board accepts the letter from Julie Vondrak,Town Planner,dated September 13,2004,relating the Planning Board's assessment..."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." The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in that the granting of this Variance will have less averse affect to the neighborhood of Lake Cochichewick by less grading,less tree removal,and less impervious surface than the alternative two driveway plan. The Board finds that the Zoning Bylaw allowed a third house on a driveway at the time the lot was created in 1979 per NERD Book 1383,Pages 307-310 Driveway Easement and Maintenance Agreement,(covering Lots A,B and C,Plan 8166),the plateau and steep hillside topography of this lot is atypical,and the granting of this Variance will not derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 ATITS l A True Cop Town Llai Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ` °+ •-=�--• �`'' North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 x.- Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the datemf r the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a tw�(2) year period from the date on which the Special Permit was granted unless substantial use or constructi®n has commenced,it shall lapse and may be re-established only after notice,and a new hearing. 6vts Town of North Andover Board of Appeals, Lpaw,� Ellen P.McIntyre,Mair Decision 2004-026. M35P40. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 v Town of North Andover °f NOR"20TH Office of the Zoning Board of Appeals F �° Community Development and Services Division 0 27 Charles Street "`° •�---• 4f North Andover,Massachusetts 01845 cNus D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 This is to certity that twenty(20)days have elapsed from date of decision,filed without filing of anap ea ; Date_[/ .�Z dD -; Joyce A.Bradshaw Any appeal shall be filed Notice of Decision Town Clerk 4 within(20)days after the Year 2004 date of filing of this notice > �= in the office of the Town Clerk. Pro at: 1789 Great Pond Road NAME: Richard Arnone,26 West Meadow HEARING(S): September 21& Road,Haverhill,MA for premises at: October 12,2004 ADDRESS: 1789 Great Pond Road PETITION: 2004-026 North Andover,MA 01845 TYPING DATE: October 15,2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday,October 12,2004 at 7:30 PM upon the application of Richard Arnone,26 West Meadow Road,Haverhill,MA for premises at: 1789 Great Pond Road,North Andover,MA requesting a Variance from Section 10.4,for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in order to allow use of an existing common driveway by a third home. The said premise affected is property with frontage on the North side of Great Pond Road within the R-1 zoning district. The legal notice was published in the Eagle Tribune on September 6& 13,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,and Albert P.Manzi,III. The following non-voting members were present: Thomas D.Ippolito, Richard M.Vaillancourt,and David R.Webster. Upon a motion by John M.Pallone and 2°d by Richard J.Byers the Board voted to GRANT a Variance from Section 10,Paragraph 10.4 for relief from the provisions of Section of 2.30.1of the Zoning Bylaw in order to allow the use of an existing common driveway by a third home per Proposed Site Plan Plat 35,Lot 40,Great Pond Road in North Andover,Massachusetts,Date:August 18,2004 by Bradley C.McKenzie, Registered Professional Civil Engineer,#36917,McKenzie Engineering Group,Inc., 196 Central Street Saugus,Massachusetts 01906. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse, Richard J.Byers,and Albert P.Manzi,III. The Zoning Board accepts the letter from Julie Vondrak,Town Planner,dated September 13,2004,relating the Planning Board's assessment..."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." The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in that the granting of this Variance will have less averse affect to the neighborhood of Lake Cochichewick by less grading,less tree removal,and less impervious surface than the alternative two driveway plan. The Board finds that the Zoning Bylaw allowed a third house on a driveway at the time the lot was created in 1979 per NERD Book 1383,Pages 307-310 Driveway Easement and Maintenance Agreement,(covering Lots A,B and C,Plan 8166),the plateau and steep hillside topography of this lot is atypical,and the granting of this Variance will not derogate from the intent and purpose of the Zoning Bylaw. Pagel of2 ATTEST. A True Copy Town Clerlk Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 r Town of North Andover ,,oRro Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street " �►, '$' N 4►�a �'+ orth Andover,Massachusetts 01845 s�c�ri D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 1 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date,- f v the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a twb'(2) 'E '- year period from the date on which the Special Permit was granted unless substantial use or constructi has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Lp. lllu Ellen P.McIntyre,Mir Decision 2004-026. M35P40. Page 2 of 2 illl Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Avr� .: m a Town of North Andover °f NORT#,, Office of the Zoning Board of Appeals Community Development and Services Division « 27 Charles Street "',• - ,pa ` North Andover,Massachusetts 01845 cr+usft D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 1789 Great Pond Road NAME: Richard Arnone,26 West Meadow HEARING(S): September 21& Road,Haverhill,MA for premises at: October 12,2004 s=' ADDRESS: 1789 Great Pond Road PETITION: 2004-026 North Andover,MA 01845 TYPING DATE: October 15,2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday,October 12,2004 at 7:30 PM upon the application of Richard Arnone,26 West Meadow Road,Haverhill,MA for premises at: 1789 Great Pond Road,North Andover,MA requesting a Variance from Section 10.4,for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in order to allow use of an existing common driveway by a third home. The said premise affected is property with frontage on the North side of Great Pond Road within the R-1 zoning district. The legal notice was published in the Eagle Tribune on September 6& 13,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,and Albert P.Manzi,III. The following non-voting members were present: Thomas D.Ippolito, Richard M.Vaillancourt,and David R Webster. Upon a motion by John M.Pallone and 2 d by Richard J.Byers the Board voted to GRANT a Variance from Section 10,Paragraph 10.4 for relief from the provisions of Section of 2.30.l of the Zoning Bylaw in order to allow the use of an existing common driveway by a third home per Proposed Site Plan Plat 35,Lot 40,Great Pond Road in North Andover,Massachusetts,Date:August 18,2004 by Bradley C.McKenzie, Registered Professional Civil Engineer,#36917,McKenzie Engineering Group,Inc., 196 Central Street Saugus,Massachusetts 01906. Voting in favor: John M.Pallone,Ellen P.Mchityre,Joseph D.LaGrasse, Richard J.Byers,and Albert P.Manzi,III. The Zoning Board accepts the letter from Julie Vondrak,Town Planner,dated September 13,2004,relating the Planning Board's assessment..."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." The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in that the granting of this Variance will have less averse affect to the neighborhood of Lake Cochichewick by less grading,less tree removal,and less impervious surface than the alternative two driveway plan. The Board finds that the Zoning Bylaw allowed a third house on a driveway at the time the lot was created in 1979 per NERD Book 1383,Pages 307-310 Driveway Easement and Maintenance Agreement,(covering Lots A,B and C,Plan 8166),the plateau and steep hillside topography of this lot is atypical,and the granting of this Variance will not derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f AORT#t ° �"G D ". Office of the Zoning Board of Appeals F? °x Community Development and Services Division t 27 Charles Street " 210 North Andover,Massachusetts 01845 SS�cHustt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 c_.f Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a tw6''(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, P. Ellen P.McIntyre,Mir Decision 2004-026. M35P40. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover , N°R Tp, Qf �, ,e of the Zoning Board of Appeals °� , tarnrtdty Development and Services Division t . 27 Charles Street North Andover, Massachusetts 01845 'S SAC.RUSt D. Robert Ntcetta Telephone (978) 688-9541 Fax(978)688-9542 Building Commissioner Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 21 st of September 2044 at 7:30 PM to all parties interested in the appeal of Richard Arnone, 26 West Meadow Road, Haverhill, MA for premhes at: 1789 Great Pond Road, North Andover, MA requesting a Variance from Section 10.4, for relief from the provisions of Section 2,30.1 of the Zoning Bylaw in order to allow use of an existing common driveway by a third home. The said premise affected is property with frontage on the North side of Great Pond Road within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Friday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle Tribune on September 6 & 13, 2004. Legalnotice 2004-026. M35P4o. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9 S,5 Town of North Andover D. Zoning Board of Appeals u 27 Charles Street P'M r �' Massachusetts North Andover, M 01845 1 ., :� ... 03 1010 0001 0781 8225 Town of No. Andover HA'SLER CD 124 Main St. a No.Andover,MA 01845 w ' lst XQTIGE co o C CP US POSTAGE ui84S*24S-s life fill 101111,11111,11141111111111 i LHiiH-ALLQlBa093At9—40-dol1.Y a3�t�Us 3�d i I �I [ I t E F { t Y I 1 i I � R LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Street Andover,Massachusetts 01810-3706 978 475-4488 _ €UI1 �r 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 September 20, 2004 Via Facsimilel978-688-9542 Via First Class Mail 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 Planning Board Members: As requested,this letter will confirm that the applicant has requested and assented to a continuance of the Board's Hearing on the above-referenced matter to the Board's meeting scheduled for 7:00 p.m. on October 5, 2004, in the North Andover D.P.W. building. The applicant further assents to the Boards taking of final action on this application by the end of the following business day. Although I do not believe it to be necessary, as requested, the applicant will be reissuing notice of this continued date. Very truly yours, LAW OFFICE OF MARK B. JOHNSON onald F. Borenstein DFB/cps Cc: Richard Arnone Jr. _.North Andover:Town Clerk F:Wew-DocsWrione,Richard103-757.2 Great Pond Rd,No Andover ZBA\PIanning Board Members Itr&20-04.doc LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Street Andover,Massachusetts 01810-3706 mak. � ..... (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 September 20, 2004 Via Facsimile/978-688-9542 Via First Class Mail Town of North Andover, Planning Board Attn: Mary ho 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 Planning Board Members: As requested,this letter will confirm that the applicant has requested and assented to a continuance of the Board's Hearing on the above-referenced matter to the Board's meeting scheduled for 7:00 p.m. on October 5, 2004, in the North Andover D.P.W. building. The applicant further assents to the Boards taking of final action on this application by the end of the following business day. Although I do not believe it to be necessary, as requested, the applicant will be reissuing notice of this continued date. Very truly yours, LAW OFFICE OF MARK B. JOHNSON onald F. Borenstein DFB/cps Cc: Richard Arnone,Jr. _North Andover Town Clerk f:Wew-Docs\Arnone,Richard\03-757,2 Creat Pond Rd,No Andover ZBA\PlanWng Board Members Itr 9.20.04.doc Town of North Andover NaRTM oft..o, +tio Office of the Zoning Board of Appeals Comma-a'nit,y Development and Services Division �:_:.. + • 27 Charles Street Noah Andover,Massachusetts 018452-1 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover,Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 21 st of September 2004 at 7:30 PM to all parties interested in the appeal of Richard Arnone,26 West Meadow Road, Haverhill, MA for premises at: 1789 Great Pond Road,North Andover, MA requesting a Variance from Section 10.4, for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in order to allow use of an existing common driveway by a third home. The said premise affected is property with frontage on the North side of Great Pond Road within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Friday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle Tribune on September 6 & 13,2004. Legalnotice 2004-026. M35P40. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 AUG-19-2004 THU 03, 14 PM MARKJOHNSON FAX NO. 9794756703 P. 02 tirJ i R V4 11;24p&i NORTH F NOOVFR P.3 PA G 1. 2 0 F 4 AR13 OF APPEALS appli+-3tiOn for a VARIANCE �t'n6ase ccrrll i�s4aaril herr i - iO tm1 y ��-,. P�� t ht)nO number: '9. �J}�r��sr '�Narl��,,"address and t�►�p _._..,.. _ vex : - _ .�. ... a'rttr;p<!til;nn::r r-t,-3ll be Wcewr:d on t4�fogal naiice:end the decisive as entered above. - . i y�rrtet:a of Land: Name, Address, telephone number. and number of years tipder this, 3. i,rocatioll of t:POPkIlEY: honing __ _ �} 1. Stmet: 1 i�' ` , �^f v Y. n District:h. Map neer. _ �. Lot Number, e, Registry of t:eE,i S: Book Nvmbe":- �P2tge Number: 4, ?Oniz4!] Bylaw stwctint (z)1 Kindel"which the potition for the Variance is made. `RQfL,,r Eo Vic Zoni.10 iyirJw t)oMa)and Man Review Narrative form as,s+plied by the Building t ommfsslonar. L)+u*r`tii3a kl~e VaiianC-8 ire ues#: -Gb ggss tom,•� ,L/7 1-1-.._��i..�:_ 1'•"r� r ...:'� Th ....��Q.✓:;�•,.,�2_'�.�lMl ln.:.•.......1.�..7�'�3�e,�.....,, rr� .....,..�"'�,_�r:..,....11+57 '{-O --��'G+P� Y'74Y►--�S a 1401ktva da.: AJ4%W%at'alt tin t.$A for t•ha Gurpwt of true jeWl notice end dselclon. A Moro 4otatled demcdPdon to rogvirod putmuflt 10 00 z,16p1,9 h;c,..aXar Aulw Mid Nw09Wa6on1 as c itdd on patgs 4,seckloA 9 of thi'opplloetron.FANure by the a~t0 descrft 04ntand AN � my rei Wt(ivA eat1*1on[had d-00%not oddrfa�wr thwInterd md of tho appil .The declaian w1l be froUnd to the M%UGtrt by the appu net Vr�y0iva ti,lrlittennl items Flet t,ncJludad abo m. 6 A. i)iifoyal welt &art^t Zoning Bylaw requirements: indicate tfie dimeni ion(s)that wilt not meat currntrt:r"atxinq Bylaw i±equimmimts. (Lines A and B are in cess Of a lotsplit) Lot A(m Opi':n Sµ34W F% c,,ht.a�yeJ Lot Frontage Parking Front Side A Style B Rear q. ";,I. rf.I t_ Coverage reet Spaces Nt� (off tdk cx"J' Gv�YrZin L "�rtt, �t,nrtNS{ �}j lret(�,.tY�f+4N� . G V ,/1�1rt � (n� �iiv }wtev�,iD, Ft( rF� r�in••4vt}§, AUG-19-2004 THU 03: 14 PM MARKJOHNSON FAX N0, 9784756703 P. 03 Rut,, 1,11 Ci., 1 1: .i4a NORTH ANDOVER 9786889542 p,4 paqa 3 of.4 Noy j-gj jkmu(aVfaK-2:0NINi,Y BOARD of APPEALS application for a VARNANVCE 44 S'. Lot Lqi Area Frort,.oe Faddrig Minimum Lot Setback Ft. Sq.Ft. C0Veta.L3se Firm Spar Front SideA Side B / Reer lS'U fir— -( q _ tl �o , f--L• c•`404 5.6 •:� .�r�t ��r1✓-���ii".9 v���� Crv:�^�� �-'i,r�h�'`! � G tom. pr:saposod L 01(::,: Lot Ac'rrs 0psx,CV.lcu l'��voovt Ltd Frontage ParkinMinimum lot Setback >q. f e. �4;i,,,t t. Cc tar:u 176ASpaces Front Side A Side 8 Roar tr. L), KxMpAhl(}4i 11-0-1 (,1:rerjuirodbyZordngSylaw Table 2) Lot Art sa Opfflsflipac& Parrar d l of rMnlagsa Parking Minimum Lot Skit h.I"t. C;ravaraqu Ftaet S es FroM Side A Side S Frear 0 30 1 ;Ur Geo:.ind l k'aw Nutribtr os F•-t*gtat roW U96 of Number Sgiyar/yVe fo¢,L >"!c +:s Sq_teak 8uiltling" of Unae" Vit,f{sr�tiro tJr'.r Iru!'n t.�E oyt3ryg 9ylaw Tanta 1. "Skate number of units in building(s). 76. P1'capots iod BUII(Jing(s): Or a ind Mtor Mian`4w of t I^.*#t Total Use of Number :asp.Gai- �t Floor a Sq_feet Otpidinq* of iJnits"' *Rt ference uses Item the Zoning Bylaw TraMe 1. "State number of wills in building(s). ;3. P0611oilow rr"d L_3iradowner sigma WWO(s): i:'v;4y apply.tri m fur a V:ari,inrn sl mil bo►nide an tido toren,whi+ a Fs then q!l�ai fcum M the Z�nin+g 8eaird of Rppealla. 8vory applicullon!:.,rill ha rit d wlrh toe Tom Ck:rk!s O Lica, it shall ba the responsibility of the petitioner to furnish all supporting dr yii;ne nhis%A with thts:apr.lir;,tlary Tho bated cDpy of this appttt;a Tion received by the Town Clark or the 7.anirng Ooard of ApPOls eme!�ra.t aj:wAvo it'ic;apptic'ant h,cm this,rmspmasibilily, •rho pretitloner shalt be reeponsiblo for art eeVenses for filling and tog„t notJv:-Woo. Fntafo tea cornply wit ;:40k s,tieui requiremmti,as cited herein and In the zoning Elosard Reales and Regulations may rG`t.s A In a rllat�rttby t i a d of M s lirotiwe as inaamplete. AUG-19-2004 THU 03: 15 PM MARKJOHNSON FAX NO, 9784756703 P. 04 C0MMONWC;A1,Tit OF MASSACHUSETTS TOWN OF NORTII ANDOVER ZONING BOARD Ole APPEALS 111CNl()RANI)UNI IN SUi'I'Oltl'O1,Al'1'l,1CA'I'ION VOR VARIANCE P ,116011c c lil(.h.ird A1710TIQ Properly: 1789 Groat Pond Road,Map 35, Lot 40 D'Ito; AiLp-st 19, 20M 1. Pronnsed Ue/Construclion 'File, Proprty is C111-reritly a Pre-existing, non-conforming, single;-faniily building lot unticrr N S-1.0cn.Laws. c. 40A, s. G and North Andover Zoning Bylaw Section 7.8.1. The Applicnitt proposes to construct a new, single-family residence on the prop riy, in compliance with current set back requirements. In ordor to rrlinimixe disturlxlnce of thv property and any potential, negative impact within the w,ltcrslic d protection overlay district and, at the urging of the North Andover Pkinniou lWard, Mr. Anions proposes to utilize an existing common driveway Ioc:aluct on tile:Property which currently serves two,existing homes on abutting; lots. 1C. lJra3�Xlac circna�icla�ycc related trr shape,sail or tnpo�r.al;•hy Thu i'sriniary physical ch.iracleristic of the Property is the fairly-steep skip4 bcLwi;,n its road frontaac; incl its plateau-like buildable Mil land the presence of an cx istiIli, driveway on the l''ropedy. 7'lie combination of these conditions is quite nnustri( in both the district and Town,particularly fora valid but uncic.velOpcd buildin- lot. 'These::circumstances Iprescnt o unique opportunity to mininiirc clistuit-tance of the Yroperty and to provide more efficient development of 1110 access to the Property Incl its build able arca. 'I'hcsc circunistallccs cic�lrty rclatu clircctly to ilio tUpogrltjlIty of Ihc;I'roperty. Ill. ti��l�4t.�oatalllartlsl The AI p]Rl ant would incur substantial and unneedod hardship in the developillCnl of Pre p' -rty if the requested variance were licit granted. Specifically,the extent 11111 coot of,coiactructing a wholly new driveway serving only this Property would be subsl:.i lially increased i f 11w existing driveway were riot ulilircd. r-Opw r)m Mmona,RicnafiR03,7571789 Grcat Fond Rdlrbn addendundnc AUG-19-2004 THU 03: 15 PM MARKJOHNSON FAX N0, 9784758703 P, 05 IV. l3rsh-able Relief without substantial detriment to public Rood 'f lie rcliet'rupuslod is entirely consistent with (lie public good and the overall intent of die loningr Bylaw. Specifically, temporary disturbance and penrtanent paved areas wilt be reduced by[lie utilization of the existing driveway. Although teelutically in excess of the two residence limitation apparently imposed by 4lotl(711 2.3Q.1, (lie proposed utilii.atioi, ofthc existing driveway is CntiMly c,011s i,c m Willi the l;oa.t o f minimizing potentiat neptive impacts in,the watershed pco(cetion overlay district. 71ic APplicant has an appliCiition curt•ciztly pending with the'l'awn's }Tanning hoard for a special permit for its work within the ovcrlay di7arirt and seeks this variance in outer to provide the Planning Board with an development alternative that would exceed the requircitnents orthe Bylaw iii thf� ;t�cu u l'w�d�rshcci prc�tceticazti. This is possiblo with the grant of the rcyurstud v;1tiauco s1lkowiq,the utilinition of the existing driveway. i V \h w-Dm.YAAmonn,RioGl whM-7571789 Creat Pond Rd\J)a addt;ndum.dac TOWN OF NORTH ANDOVER, UST OF PARTIES OF INTEREST; PAGE ' OFY. SUBJECT PROPERTY MAP PAR # NAME 3s Ko lCh6r J. � ADDRESS none 178 rg ABTERS: UT �► deeer /N.444 d 3 3 r -F- d Rd . No. �.�. � f �r� �. � es ' hd 35" i 3 3S $3. 1 at r+G ZOp Par Le �rl- 5 n Y% v r �t� � P. ICerGS ar 4. i+s 3 y v1 ae' S e. 1 ICA d ► .►- ' 8 cx 5 er•c r lit k J 0.2'LGl t�. 3 S t c;%, IZd. t 3�' a(p �1► _p � d c e. 0 12 6o a a - it : 16 D ood - a�►er MIA- of 38 �� tla ^4 O, 3S ' y h►e F 14r- Ins ac�xt ND. rlv+de+rgr q. Ocl Town off' ►soc Arm +� 4t v r i I , e • t t f w — • R �7 C filled We CERT. BY : of Asse or rth Andover J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer,use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Richard Arnone Same return key. Name Name 220 Broadway# 101 � Mailing Address Mailing Address Lynnfield MA. 01940 City/Town State Zip Code Citylrown State Zip Code n 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: RDA 10/10/03 Title Date Proposed Site Plan 10/2/03 Title Date Title Date 2. Date Request Filed: 10/10/03 B. Determination Pursuant to the authority of M.G.L. c. 131,§40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): The RDA is for the installation of Utilities located in the Buffer Zone to bordering vegetated wetlands, the house construction is located outside of the buffer zone. Project Location: 1789 Great Pond Road North Andover Street Address City/Town Map 39 Parcel 40 Assessors Map/Plat Number ParceVLot Number wpaform2.doc•rev.12115/00 Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability 4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order o* Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing, filling, dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and ii regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)_and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area.Therefore,said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s)is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation rev,aform2:doc wP • v 12/15/00 - Page 2 of Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 1 WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if tl Department is requested to issue a Superseding Determination of Applicability, work may not procef on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then procei at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but v not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, by will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing-of a Notice of Intent, subject to the following conditions (if any). See attached condition ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intend unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.12/15/00 Page 3 c Conservation Special Conditions 1789 Great Pond Road 1. Staked haybales backed by trenched silt fence must be established in the approved locations prior to any work activity on site. 2. The applicant shall have a minimum of 30 hay bales and sufficient stakes for staking these bales on site for emergency erosion control purposes. 3. Catch basins shall be properly lined with filter fabric and cleaned replaced as necessary during construction. 4. Check dams, consisting of staked haybales and crushed stone, shall be installed every 30- 50 feet of a minimum of 30 feet in length along the graded driveway slope(see attached sketch). Additional check dams of this manner may be required as needed during construction. 5. Clay trench dams shall be installed every 50 feet along the length of the sewer connection line(see attached sketch). 6. Upon completion of the above, the applicant shall contact the Conservation Department to arrange a pre-construction meeting prior to the commencement of work. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). 7. If dewatering becomes necessary, no dewatering activities shall be directly discharged into the resource area or into catch basins without a proper catchment basin settling area. 8. Upon completion of construction,the Conservation Department shall be notified. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 - Determination of Applicability 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery ont[7�by certified mail, return receipt requested on Date Date , This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by majority of the Conservation Commiss' . A copy must be sent to th appropriate DEP Regional Off' a (see Appendix A)and the property ner(if different from the appli ant). Signat wpaform2.doc•rev.12/15/00 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A)to issue a-Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form(see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.12/15/00 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Appendix A - DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield wales g Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whatelly Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland_ Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester Wellfieet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton HarwichNorwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth CarverFalmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661 7615 Belmont Dedham• Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2.doc-Appendix A•rev.11/22/00 - - Page 10 Massachusetts Department of Environmental Protection �,- Bureau of Resource Protection - Wetlands WPA Appendix E —Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request(If appropriate, name the citizen group's representative): When filling out forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code rae Phone Number Fax Number(if applicable) Project Location rennn Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Appendix E•rev.2/00 Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request fora Supersedinc Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc-Appendix E•rev.2/00 Page 2 of 2 Town of North Andover ,IORTl, O�t, an r6 q�G Office of the Planning Department Community Development and Services Di 'I's 27 Charles Street North Andover,Massachusetts 01845 °ssw"�5�� http://www.townoftiorthandover.com , ?- jwoods@townofnorthandover.com l11S "gib 22 "Town Planner P (978)688-9535 J.Justin u Woods P (978)688-9542 TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD FOR PUBLICATION MONDAYS,SEPTEMBER 8& 15TH CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING,TUESDAY,SEPTEMBER 23,2003 7:30 P.M In accordance with the provisions of M.G.L. Chapter 40-A, Section 11,the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for Watershed Special Permit under sections 4.136 and 10.3 of the North Andover Zoning Bylaw respectively. The applicant seeks a permit to build a single-family home in the non- discharge zone and driveway through the non-disturbance conservation,non-disturbance and non discharge zones in the Watershed Protection District. Applicant/Petitioner: Richard J. Arnone 220 Broadway#101 Lynnfield,MA 01940 Owner: Richard J. Arnone 220 Broadway#10 1 Lynnfield,MA 01940 Address of Premises Affected 1789 Great Pond Road Assessors Map and Lot: Map 35,Lot 40 Public Hearing Date&Time Tuesday, September 23,2003 730 p.m. Location of Public Hearing North Andover Public Works Garage at 384 Osgood Street,near the High School entrance. All interested persons may appear and be heard. Persons needing special accommodations and / or those interested in viewing the application materials should contact the North Andover Planning Department at(978)688-9535 or by email at iwoods(atownofnorthandover.com. Alberto Angles, Chair,North Andover Planning Board BOARD OF APPEXL,S 688 9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 .. .... .. ... . ..... Town of North Andover Planning Board ; �' C L R I% Application for Watershed Special Permit E IPP2: zP Please type or print clearly, 1. Petitioner: Richard J.Arnone Petitioner's Address: 220 Broadway,#101,Lynnfield,MA 01940 Telephone number: (7811953-7112 Cell Phone 2. Owners of the Land: Richard J.Arnone Address: 220 Broadway,#101,Lynnfield,MA 01940 Number of years of ownership: Less Than One Year 3. Year lot was created: 1979 4. Is the lot currently on septic or sewer? Sewer If on sewer,please provide date the sewer connection was completed: SUMMER 2003 5. Description of Proposed Project: Single Family Home,-Proposed Home in Non- Disturbance Zone and Home Access through Non-Disturbance Zone 6. Description of Premises: Residential lot having 58,101 so.ft.of area and 150 ft.of frontage on Great Pond Road 7. Address of Property Being Affected 1789 Great Pond Road Zoning District: Bl Assessors: Map: 35 Lot# 40 Registry of Deeds: Book#: Page#: ****(Documen(#25048 of 5/08/2003) 8. Existing Lot: Lot Area(Sq.Ft) 58,101 BuildingHeight 35 ft. Street Frontage: 150 ft Side Setbacks: 30✓30 ft. Front Setback: 230 ft Rear Setback: 80 ft Floor Area Ratio: n✓a Lot Coverage: n/a 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: i 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 63.340 Building Height 35 ft Street Frontage: 175 Side Setbacks: 30 Front Setback: 30 Rear Setback: n/a Floor Area Ratio: n/a Lot Coverage: n/a 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 3.400 #of Floors 2 Total Sq.Ft. 3.400 Height: 33' Use single family Type of Construction Wood Frame 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? NO If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit Is Being Requested Watershed District Section 4133 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: .,�--V Print or type name here: Richard J.Arnone Owner's Signature Print or type name here: -chard J.Arnone 16. Please list title of plans and documents you will be attaching to this application. Town of North Andover Office of the Conservation Department Community Development and Services Division Heidi Griffin,Division Director 27 Charles Street �s �exus North Andover,Massachusetts 01845 hone Tele 978 6E Julie Parrino F ( ) Conservation Administrator Fax (978)688-9542 Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept Applicant: F.an 'Raonnese- 031 &rec,+ Ilan ouA Norf .6ndouer NA 0 l8 yS �U w of 4ti e nlifl " Town h NorA ,6,-r Ausled S i -PI 5 MDd�' er� a as a Modif c do to the Order of Conditions issued in ile 242- 10 dated 9 6 . andi recorded i t#36 Issued by the N DOVER CONSERVATION COMMISSION: tai Joj� On this 0#h �3 of—JL i r A003 before me personally appeared Scott Masse to me day mdntwyr known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. 6 W Notary Public My dommission Expires A receipt from the Lawrence Registry of Deeds must be submitted to this office showing that this Modification has been recorded and referenced to the book and page numbers. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover �aRTy Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 S,c�nn h //www.tfh ownonortandover.com Planning Director: �' P (978) 688-9535 d h jwoods@townofnortanover.com J.Justin Woods F (978) 688-9542 NOTICE OF MINOR MODIFICATION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED July 23,2003 Frank Ragonese a�� rpt CD; `� :�Ucnc 1939 Great Pond Road No Andover,MA 01845 _ 0 RE: 1939 Great Pond Road Administrative Approval of Minor Modification to Watershed Special Permit Dear Mr. Ragonese: I am in receipt of Dennis Unger's letter dated July 21, 2003 and I have reviewed the changes on the plan titled, "'Town of North Andover Watershed Special Permit Plan showing Modification of retaining walls at 1939 Great Pond Road, North Andover, MA 01945," which were prepared by Riverside Engineering Services, 12 Maple Street, West Newbury, MA 01985, Scale 1"=40', Dated 12/10/01, revised 7/21/03. In accordance with Special Condition 1(b)of the Watershed Special Permit dated March 5, 2002, I find that proposed changes are not substantial. Accordingly, I am administratively approving your request to modify the retaining walls. Please feel free to call me if you have any additional questions. Sincerel J cods,Planning Director cc: unity Development Dir. Health Administrator Engineer Conservation Administrator✓ Planning Board Assessor Director of Public Works Police Chief Clerk Building Commissioner v' Fire Chief Planning Board Applicant BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTHH688-9540 PLANNING 688-9535 't Town of North Andover NORT;t Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 h // tfffid www. ownonormover.com Planning Director: �' P (978) 688-9535 J.Justin Woods jwoods@townofnorthandover.com F (978) 688-9542 NOTICE OF MINOR MODIFICATION SENT USPS VIA CERTIFIED MAIL RETURN RECEIl'T REQUESTED # July 23,2003 - =c TT Frank Ragonese .j 1939 Great Pond Road No Andover,MA 01845 `0 =J r RE: 1939 Great Pond Road --- Administrative Approval of Minor Modification to Watershed Special Permit Q Dear Mr.Ragonese: I am in receipt of Dennis Unger's letter dated July 21, 2003 and I have reviewed the changes on the plan titled, "Town of North Andover Watershed Special Permit Plan showing Modification of retaining walls at 1939 Great Pond Road, North Andover, MA 01945," which were prepared by Riverside Engineering Services, 12 Maple Street, West Newbury, MA 01985, Scale 1"=40', Dated 12/10/01, revised 7/21/03. In accordance with Special Condition 1(b) of the Watershed Special Permit dated March 5, 2002, I find that proposed changes are not substantial. Accordingly, I am administratively approving your request to modify the retaining walls. Please feel free to call me if you have any additional questions. Sincerely, ZJ. 00ds,Planning Director unity Development Dir. Health Administrator Engineer Conservation Administrator Planning Board Assessor Director of Public Works Police Chief Clerk Building Commissioner Fire Chief Planning Board Applicant BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Riverside Engineering 12 Maple Street West Newbury,Ma 01985 Tel/Fax: (978)363-5303 Email unger56cacomcast.com Town of North Andover Conservation Commission Monday,July 21,2003 27 Charles Street North Andover, MA 01985 HAND DELIVERED RE; 1939 Great Pond Road—Plan Modifications Dear Members of the Commission; I have prepared a modification plan for the referenced project. This plan shows additional retaining walls and provides structural details of the walls. This modification is intended to provide structures that are aesthetically compatible with the traditional building style of this new residence,and to eliminate the steeperslopes that were originally called for on the approved design plan.. Iq my opinion;this plan constitutes a very minor modification to the approved site plan because it does no change any.of the hydrological conditions nor any of the environmental performance of the original apprOed desg>Et. As such; I request that this plan be approved because it improves upon the original design. Fl" direct any questions to the undersigned. S' er rDennis G. Unger,P.E. President Relic rfe Pers©z>a i ec', ervices NON•--DISCHARGE PROPOSED SN 6L€- FAM , ILY t?;T' DWELLINGcn rn os ., T.O.F.=1 56 2 N INV,-146;7 GARAGE SLAB ELEV.=152, T.OX=156,0 0 2-0 W.=150.0 77. PROP. BITUM)NOUS � ,, ,f ~'"_� .. '_.. _ _ —y .._ �, \ `�•,, ` `'•:_ „ C CRETE DRIVEWAY X48 i PROP. LIIT 250 -FOOT \.��,�. [, 'f r _ _ _' -, OF CLEA ING (TYp.} 1A1111MMMMI�IM1 wMrriw�w� M -- �T1BANCE ZONE tAL FfitGH WATER ,. NSE VEGETATION CAO 00 ,. T.O.HV;=150.5 . o w "!� _ 8:0: 4� r. \ PROP: ROCK 14 N. RETAINING . . ':WALL +� ,�e ---•- _. � � "".•.Y , Od - - "� `♦ as sr Yl SE EOR 35} ANp R SERVICE LlJ � � 'y S.r•: Y y. q 7 ' r t "4 w� at'S v7� r ,�t,� �`l, }i x k yy {. •M \ //'� F• • � / v "F ' EPARA ON , RES 3± AC �- PROP. @ITBERM � STA. f 1 \ .. o.+t�0 4 STAi14,00' LT"- ° � PRT'. OOUI �• , ' O ,� / 1 •r '' �,�`' _ _/._ " "HA YBALF, ''I f ROP. L ACF�t1NG IC L' .:. O 1 0 FOOT 'CATCH N ,.. ;4F" -� / Ir ; ONE TO WETLAND: j f ,%°. - .. /-A 1� `� ' ::� LIM w IT ~_ BUFFER ZQ IP, DROP ;MANHOLE r, 11 ,.511 j,- , f 117,10 ` - /• f l�\ ,/ `EXISTING DRIVEWAY & - MA- NTENANCE EASEMENT f °� f DEED BOOK 1 3 T 3g Pp - 1 e / CE. X07- - - ` `PLAN BOOK; 1383 'f?AG 292- E. t • J ° r s ( ,• �.�. +.� 126.6 0 �* `'� sR=1 0� I 0 --LlkllT OF PAVEMENT A PR(0 N --->r---•-_�',� I � ( - -- '` `�.:��--�.a_, 1111. OF 1- RIM=120 20 STAAH- I�l N) 7 OREA 7- _ftt'i2,0 a. 3 , lIM{T OF TRENCH 1pvf rl t .4f7 1 7 WORK OF 25 A/+ 1 Ttl come 9 � � ate,