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Miscellaneous - 58 COUNTRY CLUB CIRCLE 4/30/2018 (2)
V I fvy, J i cp 0 - i TIN A� r a© V O i �fCfVj� C/var psp p`Hading p 40e Appticaom MW ca: - 07 Hearing due oa — t?7 Decision due on- 7 0 7 t� V 4 , f , 1 Goud l c 4� G;re,to a00 7- OO f I i 97� -l \L�,�r Q -F •. Y � 1 Town Clerk Time Stamp Town of North Andover , F�GEIVEO nZONING BOARD OF APPFA�i�'�j ; N;+J _-j Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre, Vice-Chairman E NORTH 2007 APR _5 Richard J.Byers,E Clerk o'�t�.o �; � Joseph D.LaGrasse ° �. lti:+ r David R Webster Associate Members i * NORTH P i o o`-' Thomas D.Ippohto Richard M.Vaillancourt •%*.° Daniel S.Braese,Esq. SS�CHuS Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Pro at: 58 Country Club Circle NAME: Donald D.Stanley HEARING(S): February 20&March 13, 2007 ADDRESS: 58 Country Club Circle PETITION: 2007-001 North Andover,MA 01845 TYPING DATE: March 20,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon the application of Donald D.Stanley,58 Country Club Circle(Map 64,Parcel 150),North Andover requesting a dimensional Variance from Section 4,Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw for relief from the setback requirements for new permanent structures in the Non-Disturbance Zone for lots created after 1994 of the Watershed Protection District in order to construct a detached 3-stall garage. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on January 22&January 29,2007.Said premise affected is property with frontage on the North side of Country Club Circle within the R-1 zoning district. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R Webster. The following non-voting members were present: Thomas D. Ippolito and Richard M.Vaillancourt. Upon a motion by Richard J.Byers and 2nd by David R- Webster the Board voted to GRANT a dimensional Variance from Section 4,Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw for relief of 30'from the setback requirements for new permanent structures in the Watershed Protection District's Non- Disturbance Zone for lots created after 1994 in order to construct a proposed 24'x36'3-stall detached garage;per: Site: 58 Country Club Circle(Map 64,Parcel 150)„North Andover,MA 10845 Site Plan Title: Proposed Site Plan at 58 Country Club Circle in North Andover,MA., prepared for:Donald D.&Debra M. Stanley,58 Country Club Circle,North Andover,Massachusetts Date(&Revised Dates): November 9,2006, Special Permit review comments dated 12/14/06[for] revision 1, 1/4/07 Registered Professional John B.Paulson,no. 31725,Atlantic Engineering&Survey Consultants Inc., Land Surveyor: 97 Tenney Street—Suite 5—Georgetown,MA 01833 Sheet/Drawing: Job no.A0606-08 Page 1 of 3 v 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 8 Phone -97 -688-9541 Fax-978-688-9542 Web-www.townofnorthandover.cor e Town Clerk Time Stamp Town of North Andover E..,P nr- ZONING BOARD OF APPEALS TCS L'. -IV Albert P.Manzi Ill,Esq.Chairman Ellen P.McIntyre,Vice-Chairman f NORTH 1 1001 APR Richard J.Byers,Esq.Clerk ?°.�r``� ;'.~o �� J� Joseph D.LaGrasse o - ' e David R.Webster ~ AM 'A 1, C ii"f %?,: Associate Members 41 NORTH f - I" t,u v,, . Thomas D.I Tito '� o ' * MASSA�ti'!,' Richard M.Vaillancourt '3► "°•4T.° c`� Daniel S.Braese,Esq. �SsACHU Building Plan Title: Stanley Residence Garage,58 Country Club Circle,North Andover,MA 01845 By: Ronald N.Laffely,Registered Architect,Fulcrum,Inc.Architects,22 Lafayette Rd, Salisbury,MA 01952 Date: 1/15/07 Sheet/Drawing: SK-1 With the following conditions: 1. This decision,2007-001,is subject to and conditioned upon the Planning Board decision for 58 Country Club Circle dated Febraary 6,2007 and incorporated by reference herein. 2. The 3-stall detached garage shall not be used for living space unless approved by the Town of North Andover. Voting in favor. Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R. Webster. Unanimous vote 5 to 0. The Board finds that owing to circumstances relating to the abutting wetlands,the front yard ledge,and the comma shape of Map 64,Parcel 150,especially affects 58 Country Club Circle but does not affect generally the Residential-1 zoning district and Watershed Protection District in which it is located. The Board finds that a literal enforcement of the provisions of Section 4,Paragraph 4.136.3.c.ii.3 and Section 10,Paragraph 10.4 of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that there was no written or spoken opposition. The Board finds that the proposed location will cause the least impact on the intent of the Watershed Protection District to preserve the Town's drinking water by the proposed use of pervious paving and Best Management and Engineering Practices. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Page 2 of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com 1 Town Clerk Time Stamp Town of North Andover RECEIVED ZONING BOARD OF APPEALS i' ' '' `R [IFF( Albert P.Manzi III,Esq.Chairman Z� 1 �R _5 Ellen P.McIntyre, Vice-Chairman of V►ORTy Pfd 2: 53 t�ao rb �{• Richard J.Byers,Esq.Clerk Joseph D eO e ' David R Webster Associate Members Thomas D.Ippolito C. " , ," �` r pi E j'4 c x+cwr+cr T * t J Richard M. Vaillancourt Daniel S.Braese,Esq. SSS^CHus�t 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 two(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 m-established only after notice,and a new hearing. NZneAndover of P.Manzi,III, sq.,Chairman lien P.McIntyre, rice Chairman Richard L Byers,Esq.,Clerk Joseph D.LaGrasse David R.Webster Decision 2007-001. M60150. Page 3 of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiortlmdover.com ZBA f• � 2 Date ...�..`..���.. .��.. . OF p►ORTIy,� 0? � 9 TOWN OF NORTH ANDOVER RECEIPT CHU This certifies that .. `e.✓.11h....L..D�l..F'.cf........................................ haspaid.... .!..`1. ....... ...................................................... for .... .................................................................... Received ! Department.................�......... ...................................................... WHITE: Applicant CANARY:Department PINK:Treasurer ZBA 4 �" O Date .1.-./6.7.0./...... OF'AORTH TOWN OF NORTH ANDOVER * _ RECEIPT ,SSgCHUS�S This certifies thatlri!1)... has paid,��....1;-ol .C/..1P...G!'�.. .... .. v..... '?'a��� 'z?....t oti.14 1. ... �(��'.... 1'►!�.1. ...... Receivedby.... t....-44 ................................................... Department........ ,-.—&�'............................................................... WHITE: Applicant CANARY:Department PINK:Treasurer WOJCICKI MCPARTLAND DEVELOPMENT,'UC 23530 Town of North Andover 1/10/2007 Date Type Reference Original Amt. Balance Due Discount Payment 01/10/2007 Bill BOA Filing Fee-Var 150.00 150.00 150.00 Check Amount 150.00 JAN 1 h U BOARD OF APPEALS Banknorth Checking STANLEY GARAGE 150.00 ZBA 4 0 1 Date ..l....1.6...i�.�.... p►ORT/y OF�,.•o .,�'t% TOWN OF NORTH ANDOVER WV RECEIPT SS�CHUSE This certifies that. o..}�-.L�.�.�..... .. L:. .....t'....... .. has paid. i..L. -...G- ... ..3-. -31....... for .. ... ....... `..... Received by....... !'...`..''.�'��.��'?�=�`%") ........................................... Department ................ ....................................................... WFUTE: Applicant CANARY:Department PINK:Treasurer WOJCICKI MCPARTLAND DEVELOPMENT, LLC 23531 Town of North Andover 02217604841 1/10/2007 Date Type Reference Original Amt. Balance Due Discount Payment 01/10/2007 Bill Mailing Fee 37.12 37.12 37.12 Check Amount 37.12 JAN 1,h Luuj D BOARD OF APPEALS Banknorth Checking STANLEY GARAGE 37.12 i Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0004 Date: January 19, 2007 APPLICATION TYPE: SUBMISSION DATE: Res. Variance Tue Jan 16, 2007 Applicant's Name: Owner's Name: NAME: NAME: STANLEY,DONALD D STANLEY,DONALD D ADDRESS: ADDRESS: 58 COUNTRY CLUB CIRCLE 58 COUNTRY CLUB CIRCLE TOWN: STATE ZIP CODE`. TOWN: STATE: ZIP CODE: NORTH ANDOVER MA 01845 NORTH ANDOVER MA 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work Location.: SITE ZONING: 58 COUNTRY CLUB CIRCLE TOWN: SECTION OF BYLAW: NORTH ANDOVER,MA 01846 4.136.3.c.ff GIS# MAP: BLOCK LOT: ACTION TAKEN: 3879 064.0 0150 Reason for filing: dimensional Variance 4.136.3.cil.3 for relief from the setback requirements for new permanent structures in the Non-Disturbance Zone for lots created aner 1994 Watershed Protection District in order to construct a detached 3•stall garage HARDSHIP. FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE VOTING DATE: DECISION DATE: Tue Feb 20,2007 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE MEMBERS PRESENT: VOTE: MOTKNI MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS81998 Des Lauriers&Associates,Inc. �Ap Atlantic Engineering&Survey Consultants,Inc. John B.Paulson,P.L.S.President 97 Tenney Street • Georgetown,MA 01833 George J.Zamhouras,P.E. 978-352-7870 • 978-352-9940(fax) • atlantic84@cs.com LETTER OF TRANSMITTAL Transmittal To: Town of North Andover Zoning Board of Appeals Job# A0606-08 1600 Osgood Street Date: 1/16/07 North Andover, Ma. 01845 Ref: 58 Country Club Circle Attention: I Gerald Brown WE ARE SENDING YOU ® Attached ❑ Under Separate Cover Reports: ❑ Letter: ® Original Plans: Prints: ❑ Forms: ® Check: Copies Date Description 1 1/10/07 Check to the Town of North Andover in the amount of$150.00 for administrative fee for a variance application 1 1/10/07 Check to the Town of North Andover#022-1760-4841 for the cost of first class return receipt requested certified mailings to eight abutters in the amount of$37.12 8 First Class Postage Stamps for Decision Mailing 2 Avery 5160 Mailing labels pre-printed with four copies of each abutters mailing address as shown on the certified abutters list 1 1/9/06 Original Copy of Application for Variance with all documents listed below. 10 1/10/07 Application for Variance including: Application for a Variance, Written Documentation, Abutters List, Architectural Plans, Plan of Land signed and stamped by a registered land surveyor, One Mylar original of the same, and ten(10)reduced scale (1"=45') copies on 11"X17"paper. THESE ARE TRANSMITTED as checked below: For Approval: E For Your use: ❑ Approved as Submitted: ❑ As Requested: ❑ Submit: ❑ Approved as looted: ❑ For review and Comment: ❑ Returned for corrections: ❑ Other: ❑ CEE hDJAN 1 BOARD OF APPEALS '`� �� Atlantic Engineering&Survey Consultants,Inc. John B.Paulson,P.L.S:President 97 Tenney Street • Georgetown,MA 01833 George J.Zambouras,P.E. 978-352-7870 • 978-352-9940(fax) • atlantic84@cs.com LETTER OF TRANSMITTAL Transmittal To: Town of North Andover Zoning Board of Appeals Job# A0606-08 1600 Osgood Street Date: 1/16/07 North Andover, Ma. 01845 Ref: 58 Country Club Circle Attention: I Gerald Brown WE ARE SENDING YOU ® Attached ❑ Under Separate Cover Reports: ❑ Letter: ® Original Plans: Prints: ❑ Forms: ® Check: Copies-= Date Description, 1 1/10/07 Check to the Town of North Andover in the amount of$150.00 for administrative fee for a variance application 1 1/10/07 Check to the Town of North Andover#022-1760-4841 for the cost of first class return receipt requested certified mailings to eight abutters in the amount of$37.12 8 First Class Postage Stamps for Decision Mailing 2 Avery 5160 Mailing labels pre-printed with four copies of each abutters mailing address as shown on the certified abutters list 1 1/9/06 Original Copy of Application for Variance with all documents listed below. 10 1/10/07 Application for Variance including: Application for a Variance, Written Documentation, Abutters List, Architectural Plans, Plan of Land signed and stamped by a registered land surveyor, One Mylar original of the same, and ten(10)reduced scale (1"=45') copies on 11"X17"paper. THESE ARE TRANSMITTED as checked below: For Approval: E For Your use: ❑ Approved as Submitted: ❑ As Requested: ❑ Submit: ❑ Approved as Noted: ❑ For review and Comment: ❑ Returned for corrections: ❑ Other: ❑ JAN 1 BOARD OF APPEALS �I I N°Rr� Zoning Bylaw Review Form Town Of North Andover Building Department `• �'�� 1600 Osgood Street, Building 20,Suite 2-36 ��SSA�HUS S� North Andover, MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: 58 Country Club Circle Ma /Lot: 64/150 Zoning District R-1 (Residential 1) Applicant: Donald Stanley Request: Detached 3-stall garage Date: 1 1-11-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Fronta a Complies X 3 Lot Area Com lies X 3— Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 PreexistingCBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed 4 Insufficient Information 2 In Watershed X j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 1 Sign Complies 5 Insufficient Information 3 Insufficient Information E I Historic District K Parking 1 In District review required 1 More Parkino Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remed for the above is checked below. Item# S ecial Permits Planning Board Item# Variance Site Plan Review Special Permit D-2 Non-Disturbance Buffer Zone Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance XECommonDriveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit Special Permit Pre-existing,Non- Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The uilding department will retain all plans and documentation for the above file.You must file a new building permit application fo nd begin the permi ' g ss. / 6 D Buildin Depart ent Official Si ature pplicat n Re ived Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review - Reasons for Denial&Bylaw Reference Form Item Reference ` A dimensional Variance from Section 4.136.3.c.ii.3 is required from the Zoning Board of Appeals in order to construct the proposed detached 3-stall garage within the 250'Non-Disturbance Zone. 4.136.c.ii."3."Construction of a new permanent structure only after a variance has been granted by the Zoning Board if Appeals." D/2 A Watershed Special Permit through the Planning Board is required from Section 4.136 of the Zoning Bylaw as the Special Permit Granting Board for the Watershed Protection District. Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works X Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 �Ap Atlantic Engineering&Survey Consultants,Inc. John B.Paulson,P.L.S.President 97 Tenney Street • Georgetown,MA 01833 George J.Zambouras,P.E. 978-352-7870 • 978-352-9940(fax) • atlantic84@cs.com March 2,2007 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover, Ma. 01845 Attn: Members of the Board Subject: 458 Country Club Circle Dear Board, This letter is to address concerns raised by the Board during the February 6th hearing, as well as to further explain the benefit of the proposed variance request. Attached are two sketches of the potential garage locations. First is the location as proposed in our submittal (hereinafter submitted). Second, is an alternate location, which was brought up during our engagement with the members of the Board(hereinafter alternate). In developing the proposed site plan, the importance of protecting the waters of Lake Cochichewick was not overlooked. The application for a variance is a result of careful review of the Zoning Bylaw, and an effort to comply the intent of that bylaw. The applicant submits that if Board grants the variance,the improvements can be constructed without contravening the purposes for which the Watershed Protection District was established,that is, to ensure the public water supply is protected from degradation. Section 4.136 of the Zoning Bylaw establishes four zones within the Watershed Protection District, each of which play a role in the protection of the Town's drinking water supply. Clearly the greater restrictions placed on the zones nearer the resource areas, indicate the greater role the land in these areas play in protecting those resources. Without a specified ratio of importance for each zone,the submitted plan minimized the scope of development in all the zones. Below is a summary of the total developed area under each of the attached sketches. pEC E[ WE MAR 5- ZUU/ BOARD OF APPEALS DEVELOPED LAND IN SQUARE FEET ZONE: Non-Discharge Buffer Non-Disturb Buffer Total SUBMITTED 445 800 1,245 ALTERNATE 1,560 396 1,956 Increase in Developed Area under alternate plan = 711 sq. ft.* *711 Square feet is a 56% increase over the submitted plan It is the opinion of Atlantic Engineering that an increase in developed area of 56% is; not in the interest of the town, contrary to the intent of the bylaw, and would result in decreased protection of the Town of North Andover's sole source of drinking water. The submitted plan, with its reduced overall footprint, is the least harmful to the watershed. The applicant urges the board to grant a variance to allow the construction of a new permanent structure in the Non- Disturb Buffer Zone in order to better protect the town water supply. Please also find attached the final review letter issued by Vanasse, Hangen Brustlin Inc. previously submitted to the board by fax, on 2/21/07. Please note that all of the issues raised by the town's review engineer have been addressed to their satisfaction. Sincerely, Gregory C. Dolan Atlantic Engineering& Survey Consultants, Inc. Cc: Donald Stanley Jay McPartland Gerald Brown—Zoning Enforcement Officer Enclosures LAWN b z m 58W EXISTING DWEWNG I o LL � m o a: t Li 0 0 z PROPOSED TREELINE/ ' LIMIT OF WORK PROPOSED SILT FENCE I EXISTING EXII/STINNG TREELINE lg� � / PROPJSED EXISTING , CONT UR SLATE WALK 15' ` `'�z, � � ��• 1NK 7 4 , Z4 �f PROP_OSED� I / f --PERVIOUS ,. PAVERS toOD �$ to I / hPROP. ROOF ��, DRAIN LEADER =<v 1 / j# PROPOSED N88'32'38"E f , 2 CULTEC 180 136.95' INFILTRATOR UNITS Q r Scale; 1 20' DRAWING FILE;SEQ 86\3COUNTRYCLUB-2006.DWG 20 0 20 40 JOB N❑, AO606-08 DATE: NOVEMBER 9, 2006 PREPARED F❑Ri DONALD D, & DEBRA M. STANLEY 58 COUNTRY CLUB CIRCLE PROPOSED GARAGE LOCA TION NORTH ANDOVER, MASSACHUSETTS ENGINEER, AT MCC965MG if AfFff CDNSULTANIS'INC. 58 COUNTRY CLUB CIRCLE 97 TENNEY STREET - SUITE 5 N GEORGETOWN, MA 01833 NORTH ANDOVER,MA. PHONE: 978-352-7870 FAX: 978-352-9940 I i EXISTING -73 w N 58 w LAWN 0 z EXISTING DWELLING II 0 j N EXISTING m o TREELINE a z ui i 0 0 PROPOSED TREELINE/ z LIMIT OF WORK PROPOSED EXISTING SILT FENCE � WALL / 1 NJP*. GPRPG� - Y EXISTING SLATE WALK r / . .. ro tA G 47' P PR GES �' PROPPED PERVIOUS PAVERS co J / / N88'32'38"E 136.95' � Scale; 1'= 20' DRAWING FILE:SEQ 86\3COUNTRYCLUB-2006.DWG 20 0 20 40 JOB N❑. A0606-08 DATE: NOVEMBER 9, 2006 PREPARED FORo DONALD D, & DEBRA M. STANLEY 58 COUNTRY CLUB CIRCLE AL TERNA T/VE GARAGE LOCA TION NORTH ANDOVER, MASSACHUSETTS ENGINEERS AT AffmcHOMC&SURu co)vSIfmffC. 58 COUNTRY CLUB CIRCLE 97 TENNEY STREET — SUITE 5 IN GEORGETOWN, MA 01833 NORTH AND0VER,MA. PHONE: 978-352-7870 FAX: 978-352-9940 -- - -- • --"V• "r glumtn MIIMUVtMK 9786889542 P. 1 li i TOWN OF NORTH ANDOVER PLANNING BOARD - ENGINEERING REVIEW OF A WATERSHED SPECIAL PERMIT FOR CONFORMANCE WITH THE TOWN OF NORTH ANDOVFR ZONING BYLAW plan'I'itle: Proposed Site Plan VHB No.: 09280.26 Location: 53 Country Club Circle,North Andover.MA 01&15 Applicant: Donald&Debra Stanley,58 Country Club Circle,North Andover,MA 01845 Applicant's Engineer: Atlantic Engineering&Survey Consultants,Inc. 97 Tenney Street,Suite 5,Georgetown,MA 01833 Plan Date: November 9,2006 Review Date: December 14,2006 Follow-up Review Date: January 22,2007 The Applicant has adequately addressed VHB's comments and no farther engineering review is required at this time. Please refer to the final report below for additional details. The plans were reviewed for conformance to the 1972 Town of North Andover Zoning Bylaw(last amended May 2005). The Applicant has submitted the following information for VHB's follow-up review: • Proposed Site Plan at 58 Country Club Circle(I sheet),revised January 1,2007 • Review Comments Response letter,dated January 8,2007. The following comments note non-conformance with specific sections of the Zoning Bylaw and general questions/comments on the proposed design and VHB's recommendations/suggestions. VHB's original comments are shown in normal font,immediately followed by the Applicant's responses in italic,and VHB's follow-up comments in bold Town of North Andover Zonin r Bylaw 1. (4.136.3.c.ii) The Applicant has proposed the following uses,which are allowed by special permit a_ (1) Change in grade. b. (2)Cutting of vegetation. c. (5)Subsurface discharge for storrnwater runoff. d. (6)Construction of an accessory structure. No response required. 4. ii. The Applicant should show the Annual High Water Mark of Lake Cochichewick or add a 4.I36. c. l 2. ( ) PP note stating that it is over 400 feet away from the work area. Note#8 has been added to the Getzeral Arotes Section to addrecs this. Comment addressed 3. (4.136.4_c.iii) Tire Applicanthas included a statement regarding this section in the letter provided with the Special Permit Application. No response required- Post-if' Note 7671 Dale rages --_. _. -ro From coMept. Go. T.*%09.M2G\doe\mcvxrs\09?8M-6'�Co�u�GcQubCq'cIrLYST'_rer9ei•rl2�a Phone i! ray Phone S Fax 4 ✓ rZ.!r Fax Jt 7 reu uo U1 ut: IUP "UK 1 H M11OUYtK ZJ.(t7bt1t7ZJZ)'4G P. 4. (4.1 3,6.4.c.vii) The Applicant has included a statement regarditrg this section in the letter provided with the Special Permit Application. I No response required. General Comments/Standard Engineering Practice 5. VHB recommends adding a note under the erosion control measures that any lawn care product used to establish growth shall be o banic or slow-release nitrogen. :Vote#7 has been added to the erosion control measures to address this. Comment addressed. 6. Flas the Applicant considered constructing the infiltration units outside of the non-disturbance zone? (i.e. on north side of the proposed garage) Several options were considered...The south side was selected over the north to reduce the overall area of disturbance on the site.(ALso see reponse below} Comment addressed. Drainage Comments 7. Has soil testing been performed at the location of the proposed infiltration units to insure proper infiltration of runoff? A 2-foot separation is also typically required between the bottom of the infiltration unit and seasonal high groundu+ater when taking credit for infiltration,the Applicant should show this required dimension on the Cultec Chamber detail. Any test results should be provided. No soil testing has been performed on site. However,a review of the USDA Soil Conservation Service Soil Svnvy Map ofthis area shows the proposed garage to be in an area of Charlton-Rock outcrop-Hollis Complex. According to the USDA this complex typically has seasonal high groundwater elevations greater than six feet below grade. The southern.ride of the garage was chosen because the greater filling on this side ensures the.separation betiveen seasonal high groundwater and the units would be greater. Comment addressed. Note that the required 2-foot separation is a minimum and not a specific dimension. The Applicant may consider revising the dimension on the Typical Cross Section Recharger detail to read 24"minimum. 8. Is an emergency outlet proposed for the Cultec Chamber? The Applicant should clarify on the plans_ Any outlet should also have proper protection from erosion,such as stone or level spreader. A detail of the roof leader overflow has been added to the tini_sed plan. Comment addressed. 9. VHB suggests modifying the Cultec cross-section to this specific application(i.e.one chamber,not three). The detail has been so modified Comment addressed. 10. The Applicant should provide a more detailed calculation for the provided storage of the infiltration unit, separate from the plans if preferred. rhe detail has been modified for rhfs specific application and now shoxcs the proper stone volume surroundinq the unit. Comment addressed. 2 'r:UJ4391!.2f\duc:\men- \Oo�y12o 59CMnNryCl.�bC'rlo-4�'SP trrw N•p'_-dn[ reo Ub U i U1: JUp nUK I H HI`IUUVER y IHIiHf3yb4i' P.3 i It is recommended that the Applicant provide WRITTEN RESPONSES to the issues and comments contained herein. Reviewed by: �s '� nate: Jevyi;rthan Civil Engineer—Highway �and Muni ipal Checked by / bate: Timothv R.W ntosh,P.E. Project Manager—Highway and Municipal 3 I:`.09'.pD.2(.\docclmrnos\�2WR6_SSCamuy0ACirclo-iytt'reek.M m Atlantic Engineering&Survey Consultants,Inc. John B.Paulson,P.L.S.President 97 Tenney Street • Georgetown,MA 01833 George J.Zambouras,P.E. 978-352-7870 • 978-352-9940(fax) • atlantic84@cs.com LETTER OF TRANSMITTAL Transmittal To: Town of North Andover Zoning Board of Appeals Job# A0606-08 1600 Osgood Street Date: 3/2/07 North Andover, Ma. 01845 Ref: 58 Country Club Circle Attention: Gerald Brown WE ARE SENDING YOU ® Attached ❑ Under Separate Cover Reports: ❑ Letter: ® Original Plans: ❑ Prints: ❑ Forms: ❑ Check: ❑ Copies Date Description 6 3/2/07 Letter to ZBA explaining alternative analysis including attachments THESE ARE TRANSMITTED as checked below: For Approval: ❑ For Your use: ❑ Approved as Submitted: ❑ As Requested: ❑ Submit: ® Approved as Noted: ❑ For review and Comment: ❑ Returned for corrections: ❑ Other: ❑ MAK - Luu t BOARD OF APPEALS Feb 21 07 11: 44a John Paulson 1-978-352-9940 p.2 t-eD Ub Ut UL: Lkfp nuKin HnUUVEK U-IatS""S*ge p. L TOWN OF NORTH ANDOVER PLANKINC BOARD ENGINEERING REVIEW OF A W LTERSHED SPECIAL PERMIT FOR CONFORMANCE WITH TIRE TOWN OF NORTH A,NDOVERZONING BYLAW Phu'1'itle: Proposed Site plan VHB No.: 09180.26 Lineation- SS Country Club Circle,North Andover,MA 01845 APPIkaDt: Donald&Debra Stanley,53 Country Club Circle,North Andover,MA 01845 Applicants Engineer: Atlantic rvey Consultimls,Inc, 97 Tenney Street.Suite 5,u Georgetown,MAO 18333 Pho Date: November 9,2006 Review Date: December Id,2006 Follow-up Review Date: January 22,2007 The Applicant bas adequately addressed VHl3's comments and no further engineering review Is required at this time. Please refer to the final report below for additional detain. The plans were reviewed for conforn%mce to die 1972 Town of Nordt Andover Zoning Bylaw(last amended May 2005). The Applicant hns submitted the following inlormat'on for VHB's follow-up review: • Proposed Site Plan 3158 Country Club Circle(i sheet),remised January 1,2007 • Review Comments Response letter,dated January 8,2007. The following cornmauts note non-conforreance with specific sections of the Zoning Bylaw and general questions/comments on the proposed design and VHB's recontm cndatiomtsv8pstions. VHB's original comments are shown in normal toot,immediately followed by the Applicant's responses in italic,and VHB's follow-np comments in bold. Town of North Andover Zoning -ylaw 1. (4.136.3.c.u) The Applicant has proposed the following usm%which are allowed by special permit: a. (1) Change in erode. b. (2)Cutting-of vegetation. c. (5)Subsurface discharge for stornnvater runoff. d. (6)Construction of an aaessorY suucture- No responzc rogrlred. 2. (4.t 36.4.c.ii.1)The Applicant should show the Amaui High Water Mark of Lake Cochichca7ck or add a note stating that it is over 400 feet away from the work area. ,'Vere-N8 hoc been a&kd 10 the Gen al Arotes Section to address this. Comment addressed 3. (4.136.4x-iii) The Applicant itas included a statement retarding this section in the letter provided with tine Special Permit Application. No response required. Post4V Fax Note 767t °aftle ` Vis► To e L / From 1 CoMeW Co. "•�'.?LYJ S4M/om\ni�nos\093eR6^.ACa,megG.bGsHc�tSr,rrtu.+r'Jo. PhMB� Phone 4 ,2 F- J FEB 21 m i BOARD OF APPEALS Feb 21 07 11:44a John Paulson 1-978-352-9940 p.3 Feb 06 07 01: 19p NORTH RNDOdER 9786889542 p.2 4. (4.134.4,c.vii) The Applicant hes included a stalemcni regarding this sectioA in the letter provided with the Special Permit Application. No response required. General Comments/Standard Engineering Practice S. VH 8 recommends adding a note under the erosion control measures that any lom care product used to astablish growth shall be orgaaic or stow-release nitrogen. Note 07 hos been adried to the erosion control rnearurm to oddrers dais Comment addressed. 6, Has the Applicant considered constructing the infiltration units outside of the non-disturbunce zone? (i.e. on north side of the proposed garage) Several options were considered.-The south side waf selected over the ra►rdt to re&m the overall area of disturbance on the site.(Abby)see reepowe below} Comment addressed. Drainage COMMeNtS 7. Has soil testing boon performed at the location of the proposed infiltration units to insure proper infiltration of mnolTl A 2-foot sepurztion is also typically required between the bottom of the infiltration unit and seasonal high groundwater when tuking credit for infiltration,the Applicant should show this required dimension on the Cullec Chamber detail. Any test results should be provided. No soil jesting has been performed on sire. However,a review of the USDA Soil Conrervarion Service Soil Survey Map of this urea shows the proposed garage to be in an area of Charlton-Kock outcrop-1lollis Complar. According to the USDA this complex typically ha►araronaf high groundwater devatiorns greater titan six fed below grade. The southern side of the garage was chmten betause the grearer fi fling ore this side ensures rhe separation between seasonat high groetnelivate r and the mirs would he greater. Comment addressed. Note that the required Moot sepruration is a minimmt and not a specific dimension. The Applicant may consider revising the dimension or the Typical Cross Section Recharger detail to read 24"Maintains. S. Is an emergency outlet proposed for the Cultee Clamber/ The Applicant should clarify on the plans. A1ry outlet should also have proper protection from erosion,such as stone or level spreader. A detail of the roof leader overflow has been added to the mvised plan. Comment addressed. 9. VHB su_ is modifying the Cultee cross-section to this specific application(i.e.one chamber,not three). ,rhe detail has teen so modified. Comment addressed. 10. The Applicant should provide a more detailed cakulatioo for the provided storage of the infiltration unit, separate from the plans if preferred. 77ra derail her been modified f r this spec-FJic application and now shau,.r the proper stone voturratr Mrroundke the unit, Comment addressed. 2 r�cr^.ia:rw:.c:�m:.ysem�.secamu�c�uhr,.::r►m�..k�r_ax Feb 21 07 11:45a John Paulson 1-978-352-9940 p. 4 t-eb ub u-i ut.: iap HUN I H Hnuuvtlr J•/HSUUJ54z p.J It is recommended that the Applicant provide WRITTEN RF.SPONSI.S to the issues and comfmnu contained herein. Reviewed by: nate: .Z 2 it Way, Civil gn gineer-Highway A4an' ipal Checked by: 1.4 late: Timothy H.TVIOntosh,P.E. —� Project Manager—Highway and Municipal 3 r`.0930.yldacs+.mrnMVH�lUS6,AC'eulxpC:RCircbtW`.�;c..r_a� Feb 21 07 11: 44a John Paulson 1-978-352-9940 p. i heb e1 uY uu:*va "URI" "MUUVhX b-lubuadb4e p. l o� e►OROf 1 ACHU F � ♦ oma'w.«� +ii ZONING BOARD OF APPEALS Community Development Division FAX TRANSMISSION TO: M L-k FAX NUMBER: a� 7-,:1 - �`T�zz �78- 6,98 - '�5L1 Z FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street,Building 20,Suite 2-36 FAX: 978-688-9542 PHONE: 978-688-9541 Cover& Pages: __ !�z� Date: ()7 Subject: REMARKS: Gh — t- - - -P -I-� 1600 Osgood Sheet,Horth Andover,Mossochusetts 01845 Phone 918.688.9541 Fox 918.688.4542 Web www.rownofootthndover.com TRANSMISSION VERIFICATION REPORT TIME 01/17/2007 10:15 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE,TIME 01117 10:15 FAX NO./NAME 19783529940 DURATION 00:00:00 PAGE(S) 00 RESULT BUSY MODE STANDARD BUSY: BUSYMO RESPONSE NORT�y 46, .G A �9`9SACMUi$��q ZONING BOARD OF APPEALS Community Development Division TO; L 1�2 FAX Number: .I L` FP QM: Town.of North Andover .Zoning Board of Appeals- 1600 Osgood Street North Andover,Massachusetts 01845 PRONE: 978�b8;3�954,� FAX: 978-688=9542 DATE: SUBJECT: j!Qe' 1.. 1h 11 .ti Number of pages: _ . REMARKS: 'This"is a cover/instruction sheet for your legal notice, which needs to be placed. with the legal notice department of the Eagle-Tribune. The Eagle-Tribune legal notice department's direct dial phone number.is 978-946- 241.2; the address is 106 Turnpike Street, North Andover, MA 01845; and the Eagle-Tribune legal notice department's fax number is 877-927-9400. The Eagle-Tribune uses your phone number as your account number for billing. Please contact the E-T as soon possible in order to :meet the mandated [Mass. /-1 r 1 A^ 1 A 4 4 7 1 Y. Y . TRANSMISSION VERIFICATION REPORT TIME 04124/2007 09:19 NAME HEALTH FAX 9786888476 TEL 9786888476 SER. # 0004J120960 DATE.TIME 04/24 09:18 FAX NO. /NAME 819783529940 DURATION 00:01:06 PAGE(S) 04 RESULT OK MODE STANDARD ECM �o�xr�y p��Y�to inANQ M �! �SSrICHUg�� ZONING BOARD OF APPEALS Community Development Division Date: 0 Dear: r A 3 7-16- As you know,the Zoning Board of Appeals granted your application for ftVariance and/or Special Permit or Finding for premises at_ ��'q h _1)� 6 C l ,/d e. Your 20-day appeal period will have passed at midnight on the following date: 1. Once the appeal period has passed,please pick up your Town Clerk-certified copy of the Zoning Board of .Appeals decision,and your ZBA 13oard-signed.Mylar. (if a.Mylar was required)from the Town Clerks office located at 120 Main Street,North An.dover,MA 01845(478-688-9501.) 2. Please bring the Town Clerk-certi:lied copy of tate decision& the signed Mylar to the Essex North Registry of Deeds, 354 Merrimack Street, Suite ##304 Lawrence, ruse Entry C)MA 01843 (978-683-2745),as the decision and Mylar must be filed at the Registry of Deeds as soon as possible. 3. Once this is completed;please bring:A.copy of the Town Clerk&Registry—stamped decision,R.a paper copy made from the ZBA.Board-signed and&Registry-marked Mylar, &C.the Registry of Deeds receipt to the Rniming nenartmrnt.which is located at 1600 OsLyood Street.North Andover.MA 01845. Failure to file the TRANSMISSION VERIFICATION REPORT TIME 04105/2007 15:17 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 04105 15:16 FAX NO./NAME 819783529940 DURATION 00:00:57 PAGE(S) 04 RESULT OK MODE STANDARD ECM lit NO aTN • 4 too �SgC14U5� ZONING BOARD OF APPEALS Community Development Division YAX TRANSMISSION . TO.- 1 �° FAX NUMBER: FROM: Town of North Andover Zoning Board of,Appeals 1600 Osgood Street,Building 20,Suite 2-36 .r,AX: 978488-9542 PHONE: 978-688-9541 Cover.& Pages; Date: - 7 rr I r Subject: L , FEB-23-2007 02:22PM FROM-ATV CAPITAL MANAGEMENT +7817683825 T-832 P.001/001 F-574 CRTH lawn ' DECEIVED auk T'me5`P TO>=��: _FrICr�1C4 ��� �s;. • 2007 FEB 26 Pik 156 C ZONING BOARD OF APPEALS TO'4i Community Development Division NORTH AN0O`r' MASS ACHUS�:1 bate a� 0 TO, Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agrcW to waive the time constraints for the North Andover Zoning,Board of Appeals to make a decision regarding the granting of a & -, 4pedal Permit �-;'�' Comprehensive Permit(40B) Finding for prOPOV located at: STREET:—a 4 �..a ►�Gl� MAP: PARCEL: _13 I TOWN: North Andover MA 01845 TO MEETING DATE(S): NAME OF PFTI R: I SIGNED: Petairioner or petitioner's mVresenta e} Taco ospood sheet.Narfh Aadarer,f#assachasans 9l81S Phase 97B.bk6.9541 Fat 97d.68A.9542 Wep wwW.}pynofftM1=dom.com 58 Country Club Circle Map 64,Parcel 150 Watershed Special Permit-Construction of 24' x 36' Detached Garage The public hearing on the above referenced application was opened on January 2, 2007 and closed by the North Andover Planning Board on February 6, 2007. On February 6, 2007, upon a motion made by John Simons, and seconded by Jennifer Kusek to GRANT a Watershed Special Permit as amended in order to construct a 24'x 36' 3-stall detached accessory garage within 120' of a isolated wetland resource area within the Non-Disturbance Zone of the Watershed Protection District The proposed 3-stall detached garage and underground drainage structures are located at 58 Country Club Circle,North Andover, Massachusetts, 01845,Assessors Map 64,Parcel 150 and is located within the Non- Disturbance and Non-Discharge Zones of the Watershed Protection District under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Donald D. and Debra M. Stanley, 58 Country Club Circle, North Andover, MA 01845. The applicant submitted a complete application, which was noticed on November 7, 2006, and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The Planning Board voted on the motion by unanimously in favor of the Special Permit. A special permit issued by the special permit granting authority requires a vote of at least four members of a five- member board. The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed detached 3-stall garage will not require a connection to the Town sewer and water systems from Country Club Circle; b) The topography of the site will not be altered substantially. The construction of the garage and installation of the proposed stormwater management structures will use Best Management and Engineering Practices and not substantially alter the topography of the site; c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed detached 3-stall garage;and d) The construction of the proposed detached 3-stall garage and drainage structures have been reviewed by the Town's outside consultant,Town Planner,and Conservation Department and determined that there will be no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick. 2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for any discharge,structure or activity. 2 58 Country Club Circle Map 64,Parcel 150 Watershed Special Permit-Construction of 24'x 36' Detached Garage In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2 The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw; Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of Appeals granting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw to allow the construction of 3-stall detached garage(permanent structure) 120' from an isolated wetland resource area within the Watershed Protection district's Non-disturbance Buffer Zone. 2) No impervious surfacing shall be used in construction of the driveway expansion. The applicant shall use pervious pavers (or similar application) for the proposed driveway expansion to the 3-stall detached garage. 3) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. This Watershed Special Permit may only be used in conjunction with the Site Plan Special Permit for these same premises: a) The garage will not be connected to Town water or sewer. b) The garage will not contain an established living area nor will there be any expansion allowed. c) Roof gutter drains be connected to infiltrators as shown on the plans. 4) Prior to issuance of a building permit: a) A performance guarantee bond of one thousand dollars($1,000.00)made out to the Town of North Andover must be posted to insure that the construction of the garage,erosion control measures,and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. 5) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water management services and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The 3 58 Country Club Circle Map 64,Parcel 150 Watershed Special Permit-Construction of 24'x 36' Detached Garage applicant must submit a certification from the design engineer that the site was constructed 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 plan. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) 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. 9) This special permit was issued on February 6, 2007, however,this Special Permit shall be deemed to have lapsed after a two(2)year period on February 6,2009 unless substantial use or construction has commenced. 10) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Proposed Site Plan At 58 Country Club Circle in North Andover,MA Prepared for: Donald D. &Debra M. Stanley 58 Country Club Circle North Andover,MA 01845 b Prepared : Atlantic Engineering&Survey Consultants Inc. P Y 97 Tenney Street, Suite 5 Georgetown,MA 01833 Scale: 1"=20' Date: November 9,2006,Revised 1/4/07 Sheets: 1 4 Town Clerk Time Stamp R Y(;-I V E O Town of North Andover ',' '�```� 1G BOARD OF APPEALS Albert P.Manzi E7s .Chairman Ellen P.McInty> �c�i rn PIM 4; 2, GF FORTH q tCD i6 Richard J.Byers,Esq.Clerk 3z g��,, ».,t6 �oL Joseph D.LaGrasse .. _ David R. Webster �-�t�i u' l 013_sf'E n embers � . . . Associate M . Thomas D.IppolitolI A�`�''� ` Richard M. Vaillancourt TED ��t5 ss Daniel S.Braese,Esq. ACHU Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 20th of February, 2007 at 7:30 PM to all parties interested in the application of Donald D. Stanley, 58 Country Club Circle(Map 64, Parcel 150), North Andover requesting a dimensional Variance from Section 4, Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw for relief from the setback requirements for new permanent structures in the Non- Disturbance Zone for lots created after 1994 of the Watershed Protection District in order to construct a detached 3-stall garage. SaidP remise affected is property with frontage on the North side of Country Club Circle within the R-1 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, North Andover, MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle-Tribune on January 22 &January 29, 2007. mwarno� 'o�y m°?xo�mcom°wyco�,AG�vc�Z2?:F.o� I� -0o=rir m��?o°-�' mammo3��mccw�oQ�m��v°,ow=='"o NZ N D �°ro>02.o lzmm m o,p ,°gym-•Nye Acv .o�Di a�m��2�-1 V• N W 's O.N 0.1�C) map,,.lOO�m 00� 7Z -•m NO W Legalnotice 2007-001. m a°,W 7 0 fG D m ry Z m W <P A 3 3 O? fp° �j y g a w°Z N D Z S O n �a� °�mo�m ��°f��o oo��>_ >ii°a+ m >>dnoi<�o�a°��OnDZ M64P150. (0XO R Co.,wrL w.o n��W =r CCN - CD =1>N°�°O N JCjm=.0 Q0 7�moo �' vwyD� o�DcnNmwac3w-mow-go 0 2oycrncpm�vn�mo� r> 60 Nvo D� o�tg®m'�y2& ;wm Qwwoy.0 0Om 3-m oy �y�w��.�o< o�agmDmo,'m°< 07o yy >�mm�oci 'o�am mmo m°o- pymor,^'m comfy°gym m ma d9�am3�x�w_ 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com - pORTI/ CE IVED T - ��S�tNus t� ��. 2G07 FEB 23 F►1 1: 18 PLANNING DEPARTMENT Community Development Division 'i'''•�; 1600 Osgood Street NOR T ii A;,`` North Andover,Massachusetts,0184S MASS, Phone:918-688-9838 Fax:978-688-9S42 cc • NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: February 27,2006 Date of Hearing: January 2,2007, February 6,2007 Date of Decision: February 21,2007 Petition of: Donald D.&Debra M.Stanley 58 Country Club Circle North Andover,MA 01845 Premises Affected: 58 Country Club Circle, North Andover, MA 01845, Map 64, Parcel 150, within the R-1 zoning district. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136.3(cii),(1),(2),(5)&(6). So as to allow: to construct a proposed detached 24'x 36' garage and underground drainage structures within the Non-Disturbance buffer zone of a wetland of the Watershed Protection District. After a public hearing given on the above date,and upon a motion by John Simons and 2nd by Jennifer Kusek to APPROVE a Watershed Special Permit as amended and based upon the following conditions. Vote was 5-0 unanimous in favor of the application. Z� On behalf of the orth Andover anning Board Richard Nardella,Chairman John Simons,Vice-Chairman Alberto Angles Richard Rowen Jennifer Kusek cc: Town Departments Applicant Engineer. E C E "utters U sessor MAK 2— oij i ARD OF APPEALS ppppp- grid° eYer� .v1s1°r °Y� A i0eY lces�i o� o��lar�lri� dse� `t Ottt 0 dS�eet so1s�y lce�eve1 o ps$°°Ssa�i`ose tri p1,�a°very �CisipODI�ZCp' Soil X,Vv N S4 C 11 Zell, �°��betted a �atee of lea 5 2011 ebY�at91 Q5 r o£ '` x o ^ after tb o gat �va�lC,sior. 1�' pl8 �o•,_.' oP � o odo tiee� rk. �eb of�e vet, ed �e b a C ate a NMOLo�p "Sovtb A IA SAS, II, ate Civb C�rc�e, assacbvs , Res1de01a, J the 'I Cou�tYy dover,�ed tp tb �ecaeats taON01 5$ so b o tbe�eA� e �ooaidS Ci°t'CcYaYcec 15 e��ai4eat �ateC as atie S ea ouot�`J aQ 6 dist- eaS4 it to tbe`N f 55 sessoC's ecnor 2 ate-, ° coaaecc tioae of a -i�Ootbe ected: Q,5veCia`JY ca�.oat° aa610• e aaa t ��baa a2� by ateVsb of O �Ao 63 v a a,01 aoxN a1's ea aaa they vor ett,°��o eG,oas 13 ' a detace �tbe bataRo e� �t fo, CA$i�fa e OONe p$yia��S atet�°r °a�arous aaeby o�s4e��a was vrao to tb oa�a� the Cade VIO on t V o ,66014 A&O'a °e ee��a °�a�'° odi o�a�t�°as °� the n�eC-"0'0 e aate�a�O the ° c o ai c° 0) �,y4R oath eX�sti�o pct oa the ted to sea u4 -s'eNCIX � O'X °ea aa6,0"', Yd a iawvl� -$aa�eaa tot$°a t,the 4 �stct'a Ytag� °os'ea So R.N mOkm C ac&°a�,ceio T hae� aV o1p Cou 'Ile y ti r TO'197 ..11g •Ul. ,�S'hitb'at nmltyto as a NORTH o�t,,.o ,bgtio Town of North Andover F t y Jffice of the Planning Department Coaxt`munity Development and Services Division �AAT20�� �c`' ! 1600 Osgood Street �SSAC►+uS North Andover,Massachusetts 01845 NOTICE OF DECISION WATERSHED SPECIAL PERMIT - MODIFICATION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: February 15,2011 Date of Hearings: January 4,2011, February 15,2011 Date of Decision: February 15,2011 Petition of: Donald Stanley,58 Country Club Circle,North Andover,MA 01845 Premises Affected: 55 Country Club Circle,North Andover,Massachusetts,01845, Assessor's Map 64, Parcel 150 and located in the Residential 1 Watershed Overlay Protection District. Referring to the above petition for a Modification to a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136.3.c.ii and 10.3. So as to allow the build-out of the interior of a detached garage and to connect it to water and sewer through existing connections between garage and house within the non-disturbance zone of the Watershed Protection District. After a Public Hearing on the above date, and upon a motion made by Richard Rowen and a 2°a by Timothy Seibert, the Planning Board voted to APPROVE the Modification to Special Permit for the Watershed Protection District,as amended and based upon the following conditions.Vote was unanimous in favor of the application Planning Board John Simons,Chairman Richard Rowen Timothy Seibert Michael Colantoni Courtney LaVolpicelo N Country Club Circle, Map 64,Parcel 150 Modification to Watershed Special Permit—Build-out of interior of detached garage February 15,2011 The Public Hearing on the above referenced application was opened on January 4, 2011 and closed by the North Andover Planning Board on February 15,2011. On February 15, upon a motion made by Richard Rowen and seconded by Timothy Seibert to GRANT a Modification to Watershed Special Permit to build-out the interior of existing detached garage and to connect it to water and sewer through existing connections between the garage and house and to work within the 100 foot Non-Disturbance Buffer Zone of the Watershed Protection District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Modification to Special Permit was requested by Donald Stanley, 55 Country Club Circle,North Andover, MA 01845 on January 4, 2011. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board vote was unanimous. A modification to special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: On February 27,2006,the Planning Board unanimously voted to grant the Applicant a Watershed Special Permit to the Applicant,Donald D&Debra M. Stanley pursuant to Section 4.137 of the Town of North Andover Zoning Bylaws,for the construction of a detached garage with associated landscaping and stormwater management structures. That decision specifically prohibited the property owner from establishing living area within the garage and also prohibited any expansion of the structure. On December 8,2010,the applicant applied for a modification to the existing Special Permit decision, in order to establish a living area within the garage,to consist of a recreation room and bath facilities and to connect the garage to the existing water and sewer system. The decision was based on the following: 1. The construction plans have been reviewed by Town Staff, including the Town Planner and the staff has concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The changes to be made are to the interior of the building and will not have an effect on stormwater runoff. Also,the garage will be tied in to the existing water and sewer facilities. 2. The garage will contain a recreational room with bathroom facilities and, due to zoning restrictions, cannot be used as an additional residence. 3. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The existing design includes roof infiltration and wetlands mitigations, as a 2 i M Country Club Circle, Map 64,Parcel 150 Modification to Watershed Special Permit—Build-out of interior of detached garage rHbruary 15,2011 result of extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. a. Roof gutter drains are connected to infiltrators as shown on the plan. b. Pervious pavers are to be used for the driveway expansion in front of the garage 4. The existing structure is connected to the Town sewer system. 5. There is no reasonable alternative location outside the General,Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. CONDITIONS The Planning Board's approval of the Modification to the Watershed Special Permit is conditioned on the following: 1. The applicant must show all changes on the final as-built plan,which must be provided to the Planning Department before the bond is released, according to the conditions as stated in the February 27, 2006 Special Permit Decision. Accordingly,Donald&Debra Stanley may proceed with the proposed renovation project in accordance with the Site Plans referenced below: Plan titled: Proposed Site Plan 58 Country Club Circle,North Andover,Mass. Prepared for: Donald Stanley 58 Country Club Circle North'Andover,MA 01845 Prepared by: Atlantic Engineering& Survey Consultants,INC. 97 Tenney Street Suite 5 Georgetown,Ma 01833 Scale: 1"=20' Date: January 4,2007 Sheets: 1 cc: Town Engineer Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 3