HomeMy WebLinkAboutMiscellaneous - 386 GREAT POND ROAD 4/30/2018 (3)oq%b.%. -Mmob
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NORTH 9
ti0
A
�9SSACHUSES
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a
public hearing at the Stevens Memorial Library located 345
Main Street, North Andover, MA. on Tuesday the 10th day
./ of June 1997 at 7:30 o'clock P.M. to all parties interested
in the appeal of Douglas J. Ely & Judith Ely Zazula of 386
Great Pond Road, North Andover, MA requesting a variance
from the requirements of Section 4.136 Paragraph 3c (iii)
(3) for relief from gross floor area increase limitation of
4.136 3c(iii) (3) in the Watershed Protection District for
the purpose of expansion to an existing structure.
Said premise is located at 386 Great Pond Road which is in
the R-1 Zoning District.
Plans are available for review at the Office of Community
Development & Services, Town Hall Annex, 146 Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish in the North Andover Citizen 5.21.97 & 5.28.97
386 Great Pond Road
LEGAL NOTICE
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
entice is hereby given that the Board of Ap-
-als will hold a public hearing at the Stevens
Memorial Library located at 345 Main Street,
North Andover, MA on Tuesday, the 10th day
of June 1997 at 7:30 o'clock P.M. to all parties
interested in the appeal of Douglas J. Ely & Ju-
dith Ely Zazula of 386 Great Pond Road, North
Andover, MA requesting a variance from the re-
quirements of Section 4.136 Paragraph 3c (iii)
(3) for relief from gross floor area increase limi-
tation of 4.136 3c (iii) in the Watershed Protec-
tion District for the purpose of expansion to an
existing structure. Said premises is located at
386 Great Pond Road which is in the R-1 Zon-
ing District. Plans are available for review at the
Office of Community Development & Services,
Town Hall Annex, 146 Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
North Andover Citizen, 5/21 & 5/28/97
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Received by Town Clerk:
R�C�IV�D
3Vat BRADSHA
Y�
TOYNLRK
�It3t"tN ANDOVER
APR 29 9 23 M'97
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Douglas J. Ely&Judith Ely ZazulaAddress 386 Great Pond Road
North.Andover, MA 01845 Tel. No. 686-1144
1. Application ^is hereby made:
a) For a, variance from the requirements of Section 4.136
Paragraph 3c(iii)(3) and Table of the Zoning Bylaws.
b) For a special Permit under Section Paragraph
of the Zoning Bylaws.
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2. a) Premises affected are land X and building(s) X
numbered 386 Great Pond Road -Street.
b) Premises affected are property with frontage on the
North (X) South ( ) East ( ) West ( ) side of Great Pond
Road Street.
Street , and known as No. 386 Great Pond Road
Street.
c) Premises affected are in Zoning District R1 and the
...premises affected have an area of 141,134 square feet
and frontage of 221 feet.
5 of 8
Rev. 06.03.96
3. Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
Douglas J. Ely and Judith Ely Zazula, 386 Great Pond Road, N.A.
Date of Purchase 4/6/92 Previous OwnerOstherr
b). 1. If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit
required.
a
"4. Size of proposed building: 98 front; 46 feet deep;
Height 2 stories; 22 feet.
a) Approximate date of erection: Summer/Fall 1997
b) Occupancy or use of each floor: Residential addition with garage
c) Type of construction: Post & beam except garage (frame)
5. Has there been a previous appeal, under zoning,
premises?yes on these
If s o, when? 12/91 --Previous owner attempted to
subdivide the lot, but it was never divided
6. Description of relief sought on this petition _Relief from gross
7.
floor area increase limitation of 4.136 3c iii 3 for Purpose of addition
Deed recorded in the Registry of Deeds in Book 3436 Page 303
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
Please see attached
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses* _, n
Signa
Rev. 06.03.96
of etitio er(s)
6 of 8
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: R1
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension
Area
2 Acres 3.24 Acres No
Street Frontage
175 220' Nd
'Front Setback
30' „ 460' No
Side Setback (s)
30'
30,100'
0
Rear Setback
30' 114.6' No
wIdI=xny� wa#XR iii Xis
4.136 3c(ii)(6) increase in
gross floor area
25% 90% Yes
only 40% of this is living area --the rest is garage and basement area
7 of 8
Rev 06.03.96
&,, a AA
02102-
386 Great Pond Road
North Andover, MA 01845
(508) 686-1144
April 25, 1997
To whom it may concern:
We are seeking relief from the gross floor area increase limitation of 4.136 3c(iii)(3). If
we are granted a variance, we will proceed per 4.136 3c(ii)(6) and seek a special permit
with the Planning Board. The proposed addition consists of a 20 foot straight extension
off the gable end of the house (away from the lake), a 2 -car attached garage off the end
of this proposed addition, and enclosing of the existing carport to form a fourth bedroom.
We feel that literal enforcement of this bylaw will result in substantial hardship to us for
the following reasons:
• The house has become too small for our growing family. While we can afford to
build an addition to our current house, buying and moving to a larger house of
comparable quality is beyond our economic means. Our only viable option is to
expand our existing home.
• The existing house has no attic,, no basement, and no garage, thus no storage space.
There is no place to put bicycles, lawnmower, or garden tools out of the weather.
(We have to store bicycles on our small entry landing, where they are a safety
hazard.)
• Our four-year-old son and six-year old daughter are currently sharing a bedroom, but
this cannot continue too much longer. The proposed basement area will allow us to
free up the third bedroom that is currently being used for storage of out -of -season
clothes and other items.
• The entire hoose lies within the non -disturbance zone of the watershed, so there is no
way to build an addition that is outside of the non -disturbance zone.
We feel that granting of this variance will result in no substantial detriment to the public
good and does not go against the intent or purpose of the bylaw. This feeling is based on
the following:
• In conjunction with building the addition, the house will be connected to town sewer.
While the existing septic system is in good condition, connecting to town sewer will
eliminate any future risk from a malfunctioning septic system.
• The house, at 2470 sq. ft., is one of the smallest in the area, and is on an oversized lot
of 3.24 acres.
A wetlands biologist has determined that the project, with appropriate erosion control
measures, will have no deleterious effect on the water quality of Lake Cochichewick
(copy of letter attached). We will comply with all of the recommendations in this
letter.
• The proposed addition will only contain about 900 sq. ft. of additional living area,
specifically the family room and enclosing the carport to make a fourth bedroom.
The rest of the added floor area is the garage and unfinished basement space, to be
used for storage and a hobby shop.
Because of the hill between the road and the house, the house is only visible to one
abutter, and only during the winter. Debi and Alan Hope at 370 Great Pond Road
have no objection to the proposed addition.
Thank you for your consideration of this variance. We will be happy to address any
questions or concerns at the upcoming meeting, or please feel free to call us at the
number above.
Sincerely,
Vol Tudith
Douglas . Ely ly Z a
ETLANOS
■,RESE RVAT ION
NC.
i
I.
�
April 18, 1997
Mr. Steve Stapinski
Merrimack Engineering Services, Inc.
66 Park Street
Andover, MA 01810
Re: Proposed House Modification Impacts
386 Great Pond Road
North Andover, MA
Dear Mr. Stapinski:
At the request of Douglas Ely, Wetlands Preservation, Inc. (WPI) has conducted a review of modifications
which Mr. Ely has proposed for his home at the above referenced location. WPI previously conducted
wetland delineation services at the site, and those wetland boundaries are indicated on the site plan
generated by your office on February 13, 1997.
The proposed modifications include removal of the septic system, installation of a sewer pump and sewer
force main enclosure of the existing car port, changes in paving areas, installation of a gas main, deck and
additions. The additions are all located greater than140' from the.wedand.boundarxwhich hasbeen.,.;
delineated by WPI on the property. This boundary, in general, represents the high water elevation of Lake,
Cochichewick, a drinking water reservoir for North Andover. The proposed additions will also include
disturbance of the soils within approximately 5' of the additions. We recommend installation of an
erosion control barrier consisting of silt fence and hay bale lines to the west of the proposed addition
where slopes are steep. The work on the easterly side of the house is further, away from the lake, much
less steep, and runoff would travel greater distances to get to the lake while passing through a densely
vegetated area. We anticipate this would effectively control any siltation runoff that might be directed
towards the pond during any unusual storm event occurring during construction. This barrier should be
placed in position prior to construction, and any stockpiling of soil should be located on the southeastern
portion of the property in a manner so any runoff from the temporarystockpile would be directed to the
easterly side of the subject parcel. Temporary stockpiles, if left in place for longer than two weeks, should
be surrounded by an erosion control barrier. This measure represents a precautionary measure solely to
reduce the risk of any unusual storm event impacting the pond. We assume that excess material will be
removed from the site during or shortly after construction. If the soil is to be used for grading onsite, we
recommend that, if possible, grading be located on the easterly side of the house and that suitable erosion
control be considered in the site plans at the limit of fill.
The site plan also indicates that down spouts from the roof drains will be directed into a leach pit and we
believe this is appropriate given the proximity of the edge of Lake Cochichewick. From our soil sampling
in the area, the sandy gravel in the area should be able to effectively absorb infiltration and allow
infiltration to maintain the groundwater table in its current condition. The pit will also reduce erosion of
soil on the slopes due to surface runoff from the impervious soil surfaces.
475 Ipswich Road 47 Newton Road 126 Wildcat Road
Boxford, MA 01921 Plaistow, NH 03865 Barrington, NH 03825
(508) 352-7903 (603) 382-3435 (603) 664-7645
The proposed removal of the existing septic system from the site and the installation of a sewer pump
station and associated forced main is expected to result in an appreciable benefit with regard to potential
risks to Lake Cochichewick. While there was no apparent problem with the septic system at our site
inspection, the system does discharge to the groundwater table and eventually feeds into the Lake
Cochichewick drinking water supply. The installation of the sewer hook-up will eliminate the risk of
future potential failure of that septic system, and will allow for better control of sewage offsite through the
North Andover sewer system.
Activities associated with soil disturbance on the site is not expected to have a consequential impact on
Lake Cochichewick, either in the short or long term, assuming the proper erosion controls are installed as
identified above, and that the work is confined to the area currently proposed. Based on the type of
modifications being proposed to the house, we do not anticipate any measurable impacts in terms of
nutrient budgets through surface runoff or groundwater discharges to Lake Cochichewick.
Should you have any questions or should you require any additional information with regard to this
assessment, please do not hesitate to contact us.
Very truly yours,
e"
U
7
Curtis R Young
President
CRY:bsg
cc: Douglas Ely
#1893
7 Cams
P9i1)
DEP#242-863: Lot 3 /#362 Berry Street (New England Eng /Elizabeth Poirier)
Mr. Howard had a draft Order of Conditions prepared for the Commission to review. On a motion by Mr.
Masse, seconded by Mr. Manzi, the Commission voted unanimously to approve the draft Order of
Conditions for 242-863.
Public Hearings (8:00 PM)
242-698 Enforcement Order Lot 1 Turnpike St
and
242-706 Enforcement Order Lot 2 Turnpike St
Mr. Howard stated there is an outstanding invoice due on Lot #2. King Weinstein was present and wrote
out a check to cover the invoice. Tim Stone was present and stated 1,800 tons of material was removed
and went to three different landfills in the state. Atty. Renton was present and stated he is looking for a
letter stating that the Coimnission will not revoke the Order of Conditions or seize the bond. Mr. Howard
is to write a letter regarding that along with his draft decision for the Commission to vote on at the next
public hearing. It is now 8:45 p.m. and Mr. Mansour has arrived at the meeting. On a motion by Mr.
Manzi, seconded by Mr. Masse, the Commission voted 4-0-1 (Mr. Mansour abstained) to close the public
hearing on Lot 2, DEP file number 242-706. On a motion by Mr. Manzi, seconded by Mr. Masse, the
Commission voted 4-0-1 (Mr. Mansour abstained) to lift the cease and desist order on Lot 2, DEP file
number 242-706.
Renuest(s) for Determination of Applicability
RDA - Lot 1, #386 Great Pond Rd (Merrimack Eng /Douglas Ely)
Douglas Ely, homeowner, gave proof of mailings to the Commission. Curt Young and Mr. Howard did a
site walk, and Mr. Howard recommends issuing a POSITIVE DETERMINATION on wetland flags A5
through A14 only as the remaining flags were off property. It is now 9:00 p.m. and Mr. Manzi had to
leave for work. On a motion by Mr. Mansour, seconded by Mr. Masse, the Commission voted 4-0-1 (Mr.
Manzi abstained) to issue a Positive Determination of Applicability for Lot 1/#386 Great Pond Road.
Notice of Intent(s)
DEP #242-858: Edgewood Lifecare Osgood St (Judith Nitsch Eng)
Sandy Brock was present, handed out a revised plan to the Commission and stated that Mr. Howard
received a copy, of the letter. Ms. Brock and Nix. Howard did an inspection and it was discovered a stone
box culvert is present. Ms. Brock presented pictures taken 4 to 5 days after the October 1996 rain storm.
When the first culvert backs up it creates water on the roadway which backs up into the resource area.
Mr. Lynch stated to Ms. Brock that considering the size of Edgewood, the plan presented tonight looks a
little "hokey" and feels the approach is "piece meal'. Ms. Brock stated we are viewing this as a repair and
not -as a complete redo of the drainage of the whole farm. There is no detailed survey of the area and its
not feasible for Edgewood to do it. On a motion by Mr. Masse, seconded by Mr. Mansour, the
Commission voted 4-0-1 (Mr. Manzi abstained) to close the public hearing and issue a decision in 21
days.
DEP#242-859: Coachmans Lane Pump Station (DPW) cont from 5/21/97
Ben Fehan from Guertin Associates was present and stated that the area in question appears to be a
wetland that was long ago filled in. Wetland Biologist Mary Trudeau was present and showed on a plan
7 C'or�s �ruq 7//o'/,)
• iI�/n u�rs
/Conditions
P#242-863: Lot 3 /#362 Berry Street (New England Eng /Elizabeth Poirier)
Howard had a draft Order of Conditions prepared for the Commission to review. On a motion by Mr.
sse, seconded by Mr. Manzi, the Commission voted unanimously to approve the draft Order of
for 242-863.
Public Hearings (8:oo PM)
242-698 Enforcement Order Lot 1 Turnpike St
and
242-706 Enforcement Order Lot 2 Turnoike St
Mr. Howard stated there is an outstanding invoice due on Lot #2. King Weinstein was present and wrote
out a check to cover the invoice. Tim Stone was present and stated 1,800 tons of material was removed
and went to three different landfills in the state. Atty. Renton was present and stated he is looking for a
letter stating that the Commission will not revoke the Order of Conditions or seize the bond. Mr. Howard
is to write a letter regarding that along with his draft decision for the Commission to vote on at the next
public hearing. It is now 8:45 p.m. and Mr. Mansour has arrived at the meeting. On a motion by Mr.
Manzi, seconded by Mr. Masse, the Commission voted 4-0-1 (Mr. Mansour abstained) to close the public
hearing on Lot 2, DEP file number 242-706. On a motion by Mr. Manzi, seconded by Mr. Masse, the
Commission voted 4-0-1 (Mr. Mansour abstained) to lift the cease and desist order on Lot 2, DEP file
number 242-706.
Request(s) for Determination of ADplicability
RDA - Lot 1. #386 Great Pond Rd (Merrimack Eng /Douglas Ely)
Douglas Ely, homeowner, gave proof of mailings to the Commission. Curt Young and Mr. Howard did a
site walk, and Mr. Howard recommends issuing a POSITIVE DETERMINATION on wetland flags A5
through A14 only as the remaining flags were off property. It is now 9:00 p.m. and Mr. Manzi had to
leave for work. On a motion by Mr. Mansour, seconded by Mr. Masse, the Commission voted 4-0-1 (Mr.
Manzi abstained) to issue a Positive Determination of Applicability for Lot 1/086 Great Pond Road.
Notice of Intent(q)
DEP #242-858: Edgewood Lifecare Osgood St (Judith Nitsch Eng)
Sandy Brock was present, handed out a revised plan to the Commission and stated that Mr. Howard
received a copy of the letter. Ms. Brock and Mr. Howard did an inspection and it was discovered'a stone
box culvert is present. Ms. Brock presented pictures taken 4 to 5. days after the October 1996 rain storm.
When the first culvert backs up it creates water on the roadway which backs up into the resource area.
Mr. Lynch stated to Ms. Brock that considering the size of Edgewood, the plan presented tonight looks a
little "hokey" and feels the approach is "piece meal'. Ms. Brock stated we are viewing this as a repair and
not -as a complete redo of the drainage of the whole farm. There is no detailed survey of the area and its
not feasible for Edgewood t9 do it. On a motion by Mr. Masse, seconded by Mr. Mansour, the
Commission voted 4-0-1 (Mr. Manzi abstained) to close the public hearing and issue a decision in 21
days.
DEP#242-859: Coachmans Lane Pump Station (DPW) cont from 5/21/97
Ben Fehan from Guertin Associates was present and stated that the area in question appears to be a
wetland that was long ago filled in. Wetland Biologist Mary Trudeau was present and showed on a plan
• y�i� u�r.S.
DEP#242-863: Lot 3 /#362 Berry Street (New England Eng /Elizabeth Poirier)
Mr. Howard had a draft Order of Conditions prepared for the Commission to review. On a motion by Mr.
Masse, seconded by Mr. Manzi, the Commission voted unanimously to approve the draft Order of
Conditions for 242-863.
Public Hearings (8:00 PND
242-698 Enforcement Order Lot 1 Turnpike St
and
242-706 Enforcement Order Lot 2 Turnpike St
Mr. Howard stated there is an outstanding invoice due on Lot #2. King Weinstein was present and wrote
out a check to cover the invoice. Tim Stone was present and stated 1,800 tons of material was removed
+° and went to three different landfills in the state. Atty. Renton was present and stated he is looking for a
letter stating that the Commission will not revoke the Order of Conditions or seize the bond. Mr. Howard
is to write a letter regarding that along with his draft decision for the Commission to vote on at the next
public hearing. It is now 8:45 p.m. and Mr. Mansour has arrived at the meeting. On a motion by Mr.
Manzi, seconded by Mr. Masse, the Commission voted 4-0-1 (Mr. Mansour abstained) to close the public
hearing on Lot 2, DEP file number 242-706. On a motion by Mr. Manzi, seconded by Mr. Masse, the
Commission voted 4-0-1 (Mr. Mansour abstained) to lift the cease and desist order on Lot 2, DEP file
number 242-706.
Reauest(s) for Determination of Applicability
RDA - Lot 1. #386 Great Pond Rd (Merrimack Eng /Douglas Ely)
Douglas Ely, homeowner, gave proof of mailings to the Commission. Curt Young and Mr. Howard did a
site walk, and Mr. Howard recommends issuing a POSITIVE DETERMINATION on wetland flags A5
through A14 only as the remaining flags were off property. It is now 9:00 p.m. and Mr. Manzi had to
leave for work. On a motion by Mr. Mansour, seconded by Mr. Masse, the Commission voted 4-0-1 (Mr.
Manzi abstained) to issue a Positive Determination of Applicability for Lot 1/#386 Great Pond Road.
Notice of Intent(s)
DEP #242-858: Edgewood Lifecare Osgood St (Judith Nitsch Eng)
Sandy Brock was present, handed out a revised plan to the Commission and stated that Mr. Howard
received a copy of the letter. Ms. Brock and Mr. Howard did an inspection and it was discovered'a stone
box culvert is present. Ms. Brock presented pictures taken 4 to 5 days after the October 1996 rain storm.
When the first culvert backs up it creates water on the roadway which backs up into the resource area.
Mr. Lynch stated to Ms. Brock that considering the size of Edgewood, the plan presented tonight looks a
little "hokey" and feels the approach is "piece meal'. Ms. Brock stated we are viewing this as a repair and
not -as a complete redo of the drainage of the whole farm. There is no detailed survey of the area and its
not feasible for Edgewood to do it. On a motion by Mr. Masse, seconded by Mr. Mansour, the
Commission voted 4-0-I. (Mr. Manzi abstained) to close the public hearing and issue a decision in 21
days.
DEP#242-859: Coachmans Lane Pump Station PW cont from 5/21/97
Ben Fehan from Guertin Associates was present and stated that the area in question appears to be a
wetland that was long ago filled in. Wetland Biologist Mary Trudeau was present and showed on a plan
To Whom it May Concern:
I have seen the Variance application and reviewed the plans of Doug and Judi Ely to
build an addition to their house at 386 Great Pond Road, North Andover, and I have no
objection to this pro' ct.
Signature
r2
Date
Name
Address�>�-
To Whom it May Concern:
I have seen the Variance application and reviewed the plans of Doug and Judi Ely to
build an addition to their house at 386 Great Pond Road, North Andover, and I have no
objection to this project.
Signature
77 FCDJ-n
Name
o<
Address
Date
To Whom it May Concern:
I have seen the Variance application and reviewed the plans of Doug and Judi Ely to
build an addition to their house at 386 Great Pond Road, North Andover, and I have no
objection to this project.
4 �a-z L C J-14 - - ,
Signature
E f Scc, Bzvle ee,
Name
3SD
Address
'-71c? "7
Date
To Whom it May Concern:
I have seen the Variance application and reviewed the plans of Doug and Judi Ely to
build an addition to their house at 386 Great Pond Road, North Andover, and I have no
objection to this project.
4.
Signature
0 VSe S I
Name
36 �"
Address
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