HomeMy WebLinkAboutMiscellaneous - 476 GREAT POND ROAD 4/30/2018 476 GREAT POND ROAD `
210/064.0-0022-0000.0
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TOWN OF NORTH ANDOVER
F. L '' i
H A S S A C H U S E T T S
ORTH
.
Any appeal shall be filed ss s
f
within (20) days after the
,.,,'',,'date of filing of this Notice NOTICE of L)ECIs ION
In the Office of the Town
Clerk.
Date. .29�. 1991. . . . . . . . . . . . . . . . .
Date of Bearing May. 16. ,1991. . . . . . . .
Petition Of Edward & GaXle Nieburger
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . .
Premises affected . 476 Great Pond Road
. . . . . . . . . . . . . . . . , . . . . . . ,
Referring to the above petition for a special permit from the requirements
of the . North Andove� �Zoninp� Bylaw ; ,Sect'ipp, �,jq ,; ,�qop, priyeway. . . . . . . . . . .
SO as to permit . . . .the. .constru. ction.of .a�ommon� driy�way. q ,gaiApCFeSS.t0 .tWc1 .(.2). lots.
. •.. . • . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . 0 . . . . . . . . . . .
After a public hearing given ori the above date, the Platiiiing Board voted
Conditionally
t0 Approve
. . . . . . . . . . .the . . . . SpecialPermit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following collditiorls :
cc: Director of Public Works �
Board of Public Works Sighed
Highway Surveyor George Perna, Jr., Chairmh 3
Building Inspector . . . . . . . . . . . . . . . . . . . . . " . . . . . . .
Board of Health John Simons, Clerk
Conservation Commission . . . . . 0 . . . . . . . . . . . . 0 . . . . . . . 0 . . . . .
Assessors John Draper
Police Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire Chief Joseph Mahoney
Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Engineer Richard Nardella
Interested Parties, File . . . . . . . . . . . . . . . . . . .
.I�Inttttittrr Iln�tt•rl
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of NOH ip 1ti
KAREN H.P.NELSON n Town of 120 Main Street, 01845
DiYeC`°' '•°° `� NORTH ANDOVER (508) 682-6483
BUILDING
e,���st
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
May 28 , 1991.
Mr. Daniel Long,
Town Clerk
Town of North Andover
120 Main Street
North Andover, MA 01845 Re : Special Permits -
476 Great Pond
Road - Watershed
District & Common
Driveway
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
March 28 , 1991 in the Town Hall , Selectmen' s Meeting Room on the
application of Edward and Gayle Nieburger, 476 Great Pond Road,
North Andover, requesting a Special Permit in the Lake Cochickewick
Watershed Protection District under the provisions of Section
4 . 136 , Para 5b of the North Andover Zoning Bylaws . The public
hearing was duly advertised in the North Andover Citizen on March
13 and March 20, 1991 and all parties of interest were properly
notified. The following members were present: George Perna,
Chairman, John Draper and Joseph Mahoney.
The petitioner is seeking a Special Permit for regrading
within the 250 ' buffer zone of lake Cochickewick around the
foundation of a proposed single family home located outside the
250 ' buffer zone of the Lake Cochickewick Watershed District. The
premises affected is located on the east side of Great Pond Road,
known as 476 Great Pond Road in a Residential-1 ( R-1 ) Zoning
District, also in the Watershed Protection District.
Joseph Mahoney, Acting Clerk, read the legal notice to open
the public hearing . A motion was made by Joseph Mahoney to
continue the public hearing to April 11 , 1991 , due to the lack of
a quorum. The motion was seconded by John Draper and voted
unanimously by those present.
On April 11 , 1991 , the Planning Board continued the public
hearing with regard to the application of Ed & Gayle Nieburger for
a Special Permit in the Watershed Protection District.
Christian Huntress , Town Planner, stated that the Technical
Review Committee has minor concerns with the application . The
Division of Public Works is concerned with the design of the sewer
tie in to Great Pond Road. The sewer connection shall be gravity
fed out to the proposed structure to a forced pump located behind
the existing cottage . The sewer line shall run across the property
of N/F Walter Saxe and the applicant shall be required to secure a
written easement across said property.
Page 2 :
George Perna asked if the forced pump could be redirected or
relocated so as to be outside of 100 ' from the tributary to the
lake . Christian Huntress stated due to topography of the lot and
elevation of the proposed dwelling, the proper location of the pump
was shown on the plans .
Christian Huntress further stated that the applicant has filed
a request for a Special Permit to construct a common driveway to
service both lots. That Special Permit shall be opened on April
18, 1991 .
A motion was made by Richard Nardella, seconded by Joseph
Mahoney, the Planning Board voted to continue the public hearing to
April 18, 1991 .
On April 18 , 1991 , the Planning Board opened the public
hearing on the Special Permit for the Common Driveway application.
John Simons read the legal notice to open that hearing.
The petitioner is requesting was requesting a Special Permit
for the construction of a common driveway to gain access to two
lots . The premises affected are Lot 5 and Lot 6 , 476 Great Pond
Road .
Christian Huntress, Town Planner stated that the granting of
a Special Permit for a Common Driveway shall eliminate unnecessary
construction within the Watershed District. The applicant intends
to hold both properties under one ownership but due to the
requirements of the Zoning Bylaws , had to split the property into
two lots. The common driveway will allow the property to remain as
an estate rather than two separate properties .
Christian Huntress further stated that the applicant is still
awaiting an easement from Walter Saxe for the extension of the
sewer line and asked the Board to wait upon granting of the Special
Permits until the easement had been secured.
A motion was made by John Draper to continue the public
hearing on the common driveway as there were issued that still
needed to be addressed. The motion was seconded by Joseph Mahoney
and voted unanimously by those present. A motion was made by John
Draper to continue the public hearing on the Special Permit for the
Watershed District. The motion was seconded by Joseph Mahoney and
voted unanimously by those present.
On April 25 , 1991 the Planning Board held a regular meeting .
Christian Huntress, Town Planner, stated that he was waiting
for an easement from the applicant. He asked that the Board
continue the hearing to the May 16 , 1991 meeting . A motion was
made by Joseph Mahoney and seconded by Richard Nardella to continue
the public hearing to May 16 , 1991 . The vote was unanimous of
those present.
On May 16 , 1991 , the Planning Board continued both public
hearings for the Special Permits for the Lake Cochickewick
Watershed Protection District and for a common driveway.
Page 3 :
Copies of draft decisions were given to the Board members .
John Simons expressed his feelings about being consistent with
Special Permits within the Watershed District. He stated that in
this case there would not be any building within the Watershed,
only grading which is for a future sewer. Members of the Planning
Board were in agreement and expressed the need for sewers within
the Watershed Protection District.
Mr. Nieburger is trying to obtain an easement from his
neighbor.
A motion was made by John Simons to approve the Special Permit
for regrading within the Watershed Protection District for the
property at 47G Great Pond Road, Lots 5 and 6 . The motion was
seconded by Joseph Mahoney and voted unanimous by those present.
A motion was made by John Simons to approve the common
driveway special permit for Lots 5 and 6 at 476 Great Pond Road .
Christian Huntress brought the Board' s attention to the Fire
Chief ' s recommendations on the size of the stone bounds being 8"x8"
and not 12"x12" .
The motion was seconded by Richard Nardella and voted
unanimously by those present.
Attached are conditions which were placed on both Special
Permits .
Sincerely,
PLANNING BOARD
Georgd D . Perna, Jr. ,
Chairman
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Conservation Commission
Board of Health
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
EDWARD AND GAYLE NEIBURGER
476 GREAT POND ROAD
LOTS 5 AND 6
SPECIAL PERMIT FOR REGRADING WITHIN
THE WATERSHED PROTECTION DISTRICT.
ZONING BYLAW, SECTION 4.135
FINDINGS OF FACT:
The Planning Board makes the following findings regarding this
Special Permit as required by section 4. 135 of the Zoning Bylaws:
1. The proposed use and site design for this lot are
appropriate, due to it's location in Town.
2 . Adequate vehicular and pedestrian access into the surrounding
site has been provided.
3 . The applicant has met the requirements of the Town for a
Special Permit as stated in Section 4 . 135 of the Zoning
Bylaw.
4 . Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
5. This application for construction within the Watershed
Protection District, Section 4 . 135 of the North Andover
Zoning Bylaw, was specifically granted for regrading within
the Non-disturbance Zone to Lake Cochichiwick. The Planning
Board has determined that the regrading and sewer
improvements associated with this Special Permit will reduce
the potential for contamination to the town's drinking water
supply.
The Planning Board finds under Section 4 . 135 of the Zoning Bylaw
that the proposed site plan generally complies with the Town
Bylaw requirements but requires minor conditions in order to be
completely in compliance with Town Bylaws.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions which
shall be submitted to the Board prior to signing the documents to
be filed with the North Essex Registry of Deeds.
SPECIAL CONDITIONS:
1. This decision shall be filed with the North Essex Registry
of Deeds. Included as part of this decision are 'the
following plans:
Plans entitled: Site Plan of Land
in North Andover, Mass.
Drawn for: Edward and Gayle Neiburger
Drawn By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Dated: Jan 23, 1991
Final Revision: Feb. 8, 1991
2 . The Order of Conditions issued by the North Andover
Conservation Commission, Dated March 1, 1991, Shall be
considered as part of this decision.
3 . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
4 . Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
5. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
6. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
7 . No underground fuel storage shall be installed except as
may be allowed by Town Regulations.
8. Prior to a Certificate of Occupancy being issued for any
structures, this site shall have received all necessary
permits and approvals from the North Andover Board of
Health.
9. Prior to the Building Permit being issued for the structure
and again prior to occupancy of the structure, the
applicant shall receive a written determination from the
Conservation Administrator that all work being done under
the jurisdiction of the Conservation Commission is being
satisfactorily performed and maintained.
10. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
11. This Special Permit is hereby granted with the
understanding that this property will tie into the
Town's sewer system located within Great Pond Road. Any
alteration to the approved plans as referenced in condition
one (1) shall be submitted to the Planning Board as a
modification to this approval.
12 . Prior to a Certificate of Occupancy being issued for the
proposed structure the applicant shall complete the
construction of the proposed sewer line connection.
13. The applicant shall secure a written easement agreement for
any and all work being done on other property, specifically
the installation of the sewer tie-in. These easements shall
be approved by the Planning Board prior to the issuance of
a Building Permit. The applicant shall submit these
easment documents within one year from the date of this
conditional Special Permit approval. Should the applicant
fail to secure these easements within one year this Special
Permit shall be null and void.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
'File
EDWARD AND GAYLE NEIBURGER
476 GREAT POND ROAD
LOTS 5 AND 6
SPECIAL PERMIT FOR CONSTRUCTION OF A COMMON DRIVEWAY TO SERVICE
LOTS 5 AND 6 ON GREAT POND ROAD.
The Planning Board makes the following findings regarding the
Special Permit Application cited above:
FINDINGS OF FACT:
1. The application adheres to the bylaw restriction that no more
than two (2) lots be serviced by this common drive.
2 . The specific location of the common driveway is appropriate
due to its location.
3 . The design and location will not adversely affect the
neighborhood.
4 . Adequate standards have been placed on the design which will
meet public health and safety concerns.
5. The purpose and intent of the regulations contained in the
Zoning Bylaw are met with the Special Permit Application
before us.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions which
shall be submitted to the Board prior to signing the documents to
be filed with the North Essex Registry of Deeds.
SPECIAL CONDITIONS:
1. The Applicant shall place a stone bollard at the entry to
the common drive off Great Pond Road. This stone bollard
shall have the street numbers of both dwellings engraved on
all four sides of the stone. The dimensions of the stone
shall be as follows: 8" x 8" x 72" . The stone shall have 48"
exposed and 24" buried, and all numbering on the stone shall
be 4" in height. This condition is placed upon the applicant
for the purpose of public safety.
2 . Easements pertaining to the rights of access for driveways
between the lots involved, and the approved Form A plan,
shall be filed with the Registry of Deeds Office prior to
the issuance of the building permit for lot 5 or 6
3 . In no instance shall the Applicant's proposed construction
be allowed to further impact the site than as proposed on
the following plans:
Plans entitled: Site Plan of Land
r
in North Andover, Mass.
Drawn for: Edward and Gayle Neiburger
Drawn By: Merrimack Engineering Services
66 Park Street
.Andover, MA 01810
Dated: Jan 23, 1991
Final Revision: Feb. 8, 1991
4. The Determination of Applicability issued by the North
Andover Conservation Commission, Dated March 1, 1991, shall
be considered as part of this decision.
5. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
6. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
7. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
8. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
9. No underground fuel storage shall be installed except as
may be allowed by Town Regulations.
10. Prior to a Certificate of Occupancy being issued for any
structures, this site shall have received all necessary
permits .and approvals from the North Andover Board of
Health.
11. Prior to the Building Permit being issued for the structure
and again prior to occupancy of the structure, the
applicant shall receive a written determination from the
Conservation Administrator that all work being done under
the jurisdiction of the Conservation Commission is being
satisfactorily performed and maintained.
12 . The provisions of this conditional approval shall apply to
and be binding upon the applicant, it' s employees and all
successors and assigns in interest or control.
13. The applicant shall secure a written easement agreement for
any and all work being done on other property, specifically
the installation of the sewer tie-in. These easements shall
be approved' by the Planning Board prior to the issuance of
a Building Permit. The applicant shall submit these
easment documents within one year from the date of this
conditional Special Permit approval. Should the applicant
fail to secure these easements within one year this Special
Permit shall be null and void.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
Town of North Andover rELFlrFrD
OFFICE OF ,Yf�E' IZAas! {; t NORTh
COMMUfNITY DEVELOPMENT AND SL1.' iT �vER o?�.� �° ���on
30 School Street7 * ,
WILLLAM J. SCOTT North Andover, Massachusetts 01845 AUG 1L
Director
SSACHUSES
NOTICE OF DECISION
Any appeal shall be filled ` `1 °frIZ/
within (20) days after the /
date of filling this Notice
i n th
. e Office of the Town
Clerk.
Date' August 12, 1997
Date of Hearing Juni 24 T»
Petition of 366 Great Pond Road DQ
5 august S,
Premises affected 386 Great Pond ROad in the Residential - 1 zoning W .ing District
Referring to the above petition for a speciapermit from the
requirements of the North Andover Zoning By-Law Section 4.
Watelshed Special Permit 136 Paragraph 3 (b)
so as to allow for a two stor addition to an existin
home.
I
After a public hearing given on the above date, the Planning Board
voted to Approve the Special Permit
based upon the following conditions:
Signed
CC: Director of Public Works
Building Inspector Richard S.Rowen Chairman
Natural Resource/Land Use Planner
Health Sanitarian Alison Lescarbeau V. Chairman
Assessors '
Police Ghief John Simons Clerk
Fire Chief
Applicant Richard Nardella
Engineer
File Joseph V Mahone
Interested Parties
Planning Board
CONSERVATION 688-9530
HEALTH 688-9340 PLANNING 688-9333 .
Registry of Deeds
Northern District of Essex County
Lawrence, M 01840
03/12/98
DOUGLAS J ELY KD
# 16 Rec: Type CERT 10.00
Inst 7056
Postage 0.32.
Total 10.32
# 17 Payment Cash 10.32
THANK YOU! Thomas J. Burke
Register of Deeds
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CONSERVATION DEPARTMENT
Community Development Division
November 20, 2012
Gayle Neiburger
476 Great Pond Road
North Andover, MA 01845
RE: Selective cutting of two (2) trees within a wetland resource area.
This is a follow up letter pertaining to your request to remove two (2) willow (salix sp.) trees at
476 Great Pond Road which are dead or dying and were severely damaged in a recent storm.
The trees were identified during a site visit by the Conservation Department on November 16,
2012. It was determined that the trees are located within the resource area. Removal of
vegetation, including pruning and cutting, is prohibited within the resource area and the
associated No-Disturbance Zone except in rare circumstances, such as for safety. Large portions
of both trees snapped off and fell into the lawn area near the house in a recent storm. The trees
which are permitted to be removed are identified in the attached photo.
Due to the potential danger imposed by the damaged trees, the Conservation Department will
permit their removal to prevent possible injury or property damage. These cutting activities
shall be limited to the two trees identified and shown in the attached photograph. Prior to work
commencing a pre-cutting site visit shall be scheduled with the tree contractor and the
conservation department staff to discuss the removal procedure. If planting is desired, please
contact the conservation department for information on how to proceed.
This property is located within the Watershed Protection District. The town planner has been
notified about the above referenced tree cutting activities and no further action is needed.
The approved cutting will be subject to the following conditions:
❖ The work approved in this letter shall be completed by March 31, 2012.
❖ No machinery shall enter the 25' No Disturbance Zone.
❖ No work shall occur in resource areas.
❖ All tree limbs, brush, and other debris materials shall be taken off site and disposed of
properly.
❖ Stumps of the trees shall not be removed and shall be left in place. Stumps may be ground
down or cut flush with the landscape.
1600 Osgood Sfreet,North Andover,Massachusetts 01845
Phone 978.688.9530 Fox 978.688.9542 Web www.townofnorthandover.com
Y
❖ Care shall be taken to prevent damage to surrounding trees during removal of the approved
trees.
❖ Upon completion of the tree removal, all disturbed areas shall be properly stabilized.
❖ The applicant shall notify this department immediately following completion of work for a
final site inspection.
❖ Areas within 100-feet of wetland resource areas shall remain in a natural state and no further
vegetation shall be removed without the prior approval of the Conservation
Department/Commission.
❖ Please contact the conservation department if you wish to replant the area with native plants.
Please do not hesitate to contact me should you have any further questions or concerns in this
regard.
Sincerely,
NORTH ANDOVER CONSERVATION COMMISSION
C'/x" ''PWWI
Heidi Gaffney
Conservation Field Inspector
Cc: Jennifer Hughes, Conservation Administrator
f :
N n
mat �
Yom?
Trees permitted for removal
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fox 978.688.9542 Web www.townofnorthandover.com
