HomeMy WebLinkAboutMiscellaneous - 9 COVENTRY LANE 4/30/2018 (2)FdR1111111U 9UH1111
TOS OF NORTH ANUON It
MASSACHUSETTS
HpRfH
O •'. D
Any appeal shalt be filed
within (20) days after the
,s SA HUSEt
; . date of filing of this Notke.
i,in the Office ofthe Town NOTICE OF DECISION
= .
Clerk.
1991
Date . .....une .
„............• •.•. •.
Date of Hearing May, 30,. 1991.....
Petition ofCharles Torrisi
..............................................................
Premises affected..Lot ata Coventry Lane • _ 9• Coventry .Lane • • • • • • . , • . • • • .
Referring to the above petition fora special permit from the requirements
of the ... North Andover Zoninq.Bylaw - Section 4.133 Para 3d in effect on
...•December 26,•1984.• ..........................................
s as to permit • the •construction• of •a •single, family .residence• with, appurtenant
... .. . .. . . . .... .. . ......
construction within 100' of a tributary to Lake Cochickewick in the Watershed Protection
biifsidt................. ................................................
After a public hearing given on the above elate, the Planning Board voted
CONDITIONALLY
to ADBROVF ... ....,the SPECIAL. PERMIT .
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
Interested Parties
File
based upon the following conditions:
JOHN SIM.. F.CLERR..............
JOHN DRAPER
................................
RICHARD NARDELLA
........
Naluting.. 'B0;1rc.1 ....... .
NOw
KAREN H.P. NELSON? 'w Town of
Director
BUILDING
NORTH ANDOVER
;,'��:: ";�- � H
CONSERVATION Oe�CNUBE4
DIVISIONOF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
Mr. Daniel Long,
Town Clerk
Town of North Andover
120 Main Street
North Andover, MA 01845
Dear Mr. Long:
June 4, 1991
120 Main Street, 01845
(508) 682-6483
Re: Special Permit -
Watershed Protection
District - Lot 2
Coventry - Torrisi
The North Andover Planning Board held a public hearing on May
16, 1991, upon the application of Charles Torrisi, 62 Woodland
Street, Lawrence, MA, requesting a Special Permit under Section
4.133, Para 3d of the North Andover Zoning Bylaw in effect on
December 26, 1984. The public hearing was duly advertised in the
North Andover Citizen on May 1 and may 8, 1991 and all parties of
interest were properly notified. The following members were
present: George Perna, Jr., Chairman, John Simons, Clerk, John
Draper and Richard Nardella. Joseph Mahoney abstained from the
discussion and voting, as he is listed as a Trustee of Lot 1,
abutting Lot 2.
The purpose of the Special Permit is for the construction of
a single family residence with appurtenant construction within 100'
of a tributary to Lake Cochickewick Watershed Protection District.
The premises affected is located on the corner of Dale Street and
Coventry Lane, Lot 2A, also known as 9 Coventry Lane, in a
Residential -1 (R-1) Zoning District and the Watershed Protection
District.
John Simons read the legal notice to open the public hearing.
Christian Huntress, Town Planner, had concerns with regard to
the original subdivision approval granted to Coventry Development
Corp. which listed Lot 2 (now 2A) as potentially unbuildable due to
the amount of wetlands located on the property. Mr. Huntress went
on to say that a wetland is located directly behind the property
and that the structure is shown on the plans to be 86 feet away
from the wetland line.
Page 2.
Mr. Huntress also brought to the Boards attention the fact
that an existing culvert is shown on the plans within 86 feet of
the proposed structure, but that the wetland line does not extend
to the culvert as it should if the area has become vegetated with
wetland plants.
John Simons questioned why the plan did not show the full
extent of the lot, and whether the lot had 75`o contiguous buildable
area.
Mr. Donald Stanley was present on behalf of the applicant. Mr
Stanley stated that he has already received a Notice of Intent from
the Conservation Commission and a Special Permit from the Zoning
Board of Appeals. Mr. Stanley was not aware that a Special Permit
would be required from the Planning Board until he approached
Christian Huntress for a sign off on the Building Permit.
George Perna questioned why the applicant is being held to the
1984 Watershed Protection District Regulations rather than the
current reqs. Christian Huntress stated that this lot was part of
the Coventry Estates Definitive Subdivision approval granted by the
Planning Board in 1'984 and as a result the property is
grandfathered under all regulations and bylaw for a period of eight
(8) years. George Perna directed staff to ask Town Counsel if the
grandfathering would extend to Watershed Regulations.
Upon a motion by John Simons, seconded by Richard Nardella,
the Board voted to continue the public hearing to the meeting of
May 30, 1991, and directed staff to contact the applicant and have
the following concerns addressed prior to that hearing:
1. A Form A Plan (ANR) that shows the extent of Lot 2A.
2. Review the existing culvert with the Conservation
Commission to determine whether a vegetative connection
has been made to the wetland.
3. Have the applicant's engineer certify the CBA and total
upland on the property.
4. Review grandfathering with Town Counsel.
On May 30, 1991 the Planning Board continue the public hearing
on Lot 2A Coventry Lane. Christian Huntress, Town Planner reviewed
the previous concerns which the Board had asked to be addressed.
They were as follows:
1. A Form A Plan that shows the extent of Lot 2a.
An Approval Not Required application was submitted and
approved by the Board in 1988. This plan was presented
to the Board on May 30, 1991 and shows the extent of Lot
2A.
�. Review the e:._Stln culvel"t with t:le oP.5�1"'.'?t�:T:
Comml-sioIler to determine wheth-'r a vegetative conneC:tion
has been 'made to the wetland.
Sr. Huntress ;calked the site twice prior to the Mav
meeting. The Coiiservation Commissioner w s p,:esen-_ Dn
bot`t w..;Iks and. it appears that the culvert is used Ver,l
infrequently if at all and that no vegetative ..onnec _': n
w. -Is apparent at thi1 time .
3. Have th'e app I icl ant s eng_nee?' certif_� the CBA and tc-
upland on the property.
Tcclnt s e n g J,neeY', Pau- i;airch -oiidc _._
the total CBA for the property _s 57',. and that the .tot._
upland on sit- is 78`,>.
Chris Huntress explained that the lot would of --•t be :old
to the 75- C13A requirements oecause tdle -ot
grandfathered under 1934 regulations which did n t
require 7 5`. conti:;uous upland.
d. Review- grandifalthering :pith Town Counsel.
Town Ccuncf-�l has Mated thatDe��niti:e -it!
approval grandtati.ers th2 property to the regulatIons in,
effect at ..he ti -Me of approval for a period o 2_.�Il: _
years. 'This grandfather' ng Would alsoinc1o,de tie
Watershed Protection Dist_lct.
Christian Huntress presented the 2"card wit;z a draft de.__.7-. n
and reviewed the four concern. - , that t^e Board raised=hT Im._..._
expressed his concerns with regard to construction within
watershed Protection D1StilC'- ri" `urther asked that a coli i _io
be added to address roof drainage and that the buffer/no rut ".%ne
be eni._.rced on this property.
rtto.,ney Domenic Scalise was uresen`, on ber:a1f o= til=
app: i__:nt and spoke briefly on the past history of th,._ property ar:_
other S'p�—,, i Permits that_ have i�een appro�;'ed by the Plan -J 71,=
2oald.
George Perna asked Mat tie app _ ant review the pi•_in., .3i
,staff to determine tale best Location dor an enlarged no -cut _cn
r:nLi p_opo�=ed -e G` pi to Il n�i _::e_ _ o} andC,�rive4lay _�Ii-
A
_nctJ 0n waisrade i)`T io.,n
_ i e_
C. _ to :e the pub_Ic
and t�,,~
:Y ^ er-
-int 1 ne "ec_al D,
w -_rh
_ _:ondi-..i`Jn._ a -._a`,_
a m e ..d?;?
r,� er~t r_,_-ec
af-
__t a l :at_ r - �l:e
o ar? ieciChp'_ nd a .^.�- ut ,i...-=er _.-�.rqe: In an pr�c;= _ _i = 1'=`.i..
Mans. The mor.�oP .._._ iIi c'd J1' .iCha- ti=_�-I.__,...a .1.1
r. r i Ii �..e ci`L� a t:..`Ti �., �Oseph 1' anonec; at ti
259e 3:
he4 are those conditions the soar§ placed of the Spec=al
Pesmtt.
Sincerely,
PLANNING BO&22
Chairman
ec: Director of Public Works
Soap\ of public JozEs
SIg59ay Surveyor
Building Inspector
Conservation Commission
Boaz] of Health
assessors
2siice chief
Sipe C§let
a22±icant
Engineer .
£tie
MR. CHARLES TORRISI
IAT 2A DALE STREET
NORTH ANDOVER, MASSACHUSETTS
SPECIAL PERMIT FOR CONSTRUCTION WITHIN
THE WATERSHED PROTECTION DISTRICT.
1984 NORTH ANDOVER 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 construction or
regrading within 100' of a tributary to Lake Cochichewick.
The Planning Board has herein issued their approval for
construction within the Watershed Protection District with
the condition that this lot be tied into the existing sewer
system. The applicant has made every effort to minimize the
impact of the new construction on the Town's 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 conditions in order to be
completely in compliance.
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
of Deeds. Included as part of
following plans:
with the North Essex Registry
this decision are the
Plans entitled: PROPOSED GRADING PLAN IN NORTH ANDOVER, MA
Plans prepared for: DON STANLEY
Plan prepared by: MARCHIONDA & ASSOCIATES
80 MAPLE STREET
STONEHAM, MASS. 02180
Dated: 1/18/90, REVISED 2/14/90
Any changes made to these plans shall be approved by the
Town Planner. Any changes that the planner may deem as
substantial shall require approval by the Planning Board.
2. The Order of Conditions approved by the North Andover
Conservation Commission on 2/20/90 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
and be binding
successors and
of this conditional
upon the applicant,
assigns in interest
approval shall apply to
it's employees and all
or control.
11. The applicant agrees, as a part of this conditional
approval, that in no instance shall a septic system be
installed on lot 2A. The Planning Board has herein
issued their approval for construction within the Watershed
Protection District with the understanding that this lot
will be tied into the sewer system.
12. In no instance shall the Applicant's proposed construction
be allowed to further impact the site than as proposed on
the plan referenced above in condition #1 of this approval.
13. No pesticides, fertilizers or chemicals shall be used in
lawn care or maintenance. The applicant shall incorporate
this condition as a deed restriction, a copy of the deed
shall be presented to the Planning Board and included in
the file.
14. Any Residential dwelling found on lot 2A shall be
guttered and drained by a pipe system into a leach pit. The
leach pit shall be a minimum of 1000 gallon concrete pit
with 24" depth of 1.5" stone around and beneath. Any runoff
associated with the proposed driveway access shall be
either directed toward the street or contained to the leach
pit. The leachpit shall be located behind the proposed
structure along the 202' elevation
15. Prior to the Applicant receiving a Certificate of
Occupancy, Drainage easements and wetland restriction
easements shall be granted to the Town of North Andover.
The easements shall be recorded with the Essex North
Registry of Deeds.
16. Prior to receiving a Certificate of Occupancy the applicant
shall submit a certified copy of an As -Built plan which
shows all construction including, sewer lines, leach pits
and other pertinent site features. This As -Built shall be
submitted to the Town Planner for approval and shall be
stamped by both a certified land surveyor and practicing
engineer.
17. As shown on the plans referenced in condition number one
(1) of this approval all work shall remain at least eighty
six (86) feet off the wetland delineation line.
l&. A No -Cut line shall be established Fifty Five (55) feet from
the edge of the wetland as shown on the approved plans. This
No -Cut buffer shall be marked in the field with a haybale
line prior to the issuance of a building permit.
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