HomeMy WebLinkAboutDecision - 59 BONNY LANE 12/14/1999 'T!''..�.,�. ,.4:TAT..« -J. A ...�..�. .«
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OFFICE OF
h
COMMUNITY DEVELOPMENT AND €B FLAW �� ;« ; A
TOWN CLERK
27 Charles Street NORTN ANDOVER "� °
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
Mg DEC 15 P 11: 22 SSACHUSEj
(978)688-953 I NOTICE OF DECISION Fax (978)688-9542
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the Office of the Town
Clerk.
Date Decernlo er I c 1, It
Date of Hearing tcr-nham � l9ci1
Petition of ('cis' n Tri y i n
Premises affected S-9 n nc l Lane_
Referring to the above petition for a special permit from the requirements of the
Nor-th Andover 2nrii n 9 t lam p y )3G
so as to allow Cpnetruc.4-ion p� �'. �j e.C-1 c l hou 5e
gdkdihcr lsi+hin LJafershed ProteL+ion Distr;c-1-
After a public hearing given on the above date, the Planning Board voted
to APPRCA E the �,�rr.itei'ShPc( Ste,•,, perm if
based upon the following conditions:
Ost
Signed , I • a.•►. .
CC: Director of Public Works Alison Lescarbeau,Chairman
Building Inspector
Natural Resource /Land Use Planner John Simons,Vice Chairman
Health Sanitarian
Assessors Alberto Angles, Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Richard S.Rowen
Towns Outside Consultant
File William Cunningham
Interested Parties
Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
59 Bonny Lane
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Gavin Taylor, 59 Bonny Lane,
North Andover, MA 01845, dated October 29, 1999,requesting a Special Permit under Section 4.136 of the
Zoning by-law to allow surface and sub-surface discharge of storm water within the Non-Disturbance Zone of
the Watershed Protection District in conjunction with the construction of a 500 square foot vertical house
addition.
FINDINGS OF FACT:
In accordance with 4.136(4)the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria,are met. Specifically the Planning Board finds:
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 its findings on the following facts:
a) The proposed project is located on town sewer;
b) The proposed project will not change the roof line of the existing house and will not cause any
additional roof runoff as the line will not change;
c) No decrease or increase in impervious area is proposed.
2) That there is no reasonable alternative location outside the Non-Disturbance Zone for any discharge,
structure or activity,associated with the proposed project as the access to the lot is located within the Non-
Discharge Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following findings:
A. 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;
B. The use will not adversely affect the neighborhood as the lot is located in a residential zone;
C. There will be no nuisance or serious hazard to vehicles or pedestrians;
D. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
E. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following
conditions:
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Plan of Land in North Andover,MA
Location: 59 Bonny Lane,North Andover,MA
Owned by: Gavin Taylor
Scale: 1"=40'
Date: 1212/99
•
Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 01810
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.
2) Prior to any work on site:
a) A performance guarantee of one thousand($1000)dollars in the form of a check made out to the
Town of North Andover must be posted to insure that construction will take place in accordance with
the plans and the conditions of this decision and to ensure that the as-built plans will be submitted.
b) Erosion control measures as required must be in place and reviewed by the Town Planner..
c) The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission, Board of Health, and the Department of Public Works and be in
compliance with the above permits and approvals.
d) A revised plan which includes a locus plan must be submitted to the Town Planner prior to any
work being conducted on the site.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan that shows all construction, including sewer lines, storm
water mitigation trenches and other pertinent site features as shown on the approved plan. This as-
built plan shall be submitted to the Town Planner for approval. The 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.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site than as
proposed on the plan referenced in Condition# 1.
5) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) 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.
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date i J(c.( 200bn
which the Special Permit was granted unless substantial use or construction has commenced. 1 '
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant