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Home My WebLink AboutDecision - 12 BONNY LANE 3/12/2007 f ►ORT►, pe5� ?ale..:+ �.,• 4L • Qa�e(/ ; (�aj4 .41 ..sys... � r 161\ U r $ ;;;;1 1 R 1 �F i;l 10: 59 �otie 0°.rp�e a� �a .iING DEPARTMENT • _amenity Development pivision QoS�� P 1600 Osgood Street ��`� `+ North Andover,Massachusetts,01845 ri aeQ G G Phone:978.688-9535 G° Oa X16(' Fox:978-688-9542 ex' Fop 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: March 12,2007 Date of Hearing: October 17,2006,January 20,2007 Date of Decision: March 6,2007 Petition of: Bonny Realty Trust-Amy Constantino,Trustee 70-Pfine-Ridge Road North Andover,MA 01845 Premises Affected: 12 Bonny Lane,North Andover,MA 01845,Map 62,Parcel 41,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 3,950 s.f: single-family residence with attached garage, 110+ foot driveway, installation of underground utilities, and associated grading and landscaping 60 feet from a delineated wetland resource area within the Non-Disturbance buffer zone of the Watershed Protection District. After a public hearing given on the above dates and upon a motion by Richard Rowen and 2nd by Jennifer Kusek to APPROVE a Watershed Special Permit as amended and based upon the following conditions.Vote was in favor of the application. Voting members: R. Rowen, A. Angles, J. Kusek, R. Nardella, 4-0. J. Simons and T. Seibert did not vote the motion. pusse<ie__ An On behalf of the North er Planning Board Richard Nardella,Chairman Alberto Angles,acting Clerk Richard Rowen Jennifer Kusek cc: Town Departments Applicant • Engineer Abutters 1 12 Bonny Lane • Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence The public hearing on the above referenced application was opened on October 17, 2006 and closed by the North Andover Planning Board on March 6, 2007. On March 6, 2007, upon a motion made by Richard Rowen and seconded by Jennifer Kusek to GRANT a Watershed Special Permit as amended in order to construct a 3,950 s.f. single-family residence with attached garage, 110+ foot driveway, installation of underground utilities, and associated grading and landscaping approximately 60 feet from a delineated wetland resource area with the Non-Disturbance buffer zone of the Watershed Protection District. The proposed single-family residence is located at 12 Bonny Lane, North Andover, Massachusetts, 01845, Assessors Map 62, Parcel 41 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 Bonny Realty Trust-Amy Constantino,Trustee,70 Pine Ridge Road, North Andover, MA 01845. The applicant submitted a complete application, which was noticed on October 17, 2006, and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The lot was created in 1979 and is subject to the Watershed Protection District provisions for lots before October 24, 1994. This lot was transferred into separate ownership in 1987. The Planning Board voted on the motion 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 single-family residence will be connected to the Town sewer and water systems from Bonny Lane; b) The topography of the site will not be altered substantially. The single-family residence and proposed driveway were specially designed and located closer to Bonny Lane to minimize the amount of grading/topographical changes and take advantage of natural features of the property. Further,construction of the proposed stormwater management measures(Rooftop infiltration trench) and erosion control measures 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 single-family residence and driveway as shown on the plan;and d) The construction of the single-family residence and stormwater management plan has been reviewed by the Town's outside consultant and Town Planner 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 f 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence 2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for any discharge,structure or activity. 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 I 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(3Xc)(ii)(3) of the Zoning Bylaw to allow the construction of the single-family residence (permanent structure) 60 feet from an isolated wetland resource area within the Watershed Protection district's Non-disturbance Buffer Zone. 2) 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. 3) Prior To Any Work On Site: a. A performance guarantee of two thousand dollars ($2,000) 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. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. c. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d. The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health,Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 4) Prior to issuance of a building permit: a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans must be delivered.to the Planning Department. 3 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325 feet of Lake Cochichewick or within 325 feet of wetland resource areas.The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. d. 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 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) In no instance shall the construction of the project as proposed be allowed to further impact the site than as shown on the plan referenced in Condition# 11. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) 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. 10) This special permit was issued on March 6, 2007, however, this Special Permit shall be deemed to have lapsed after a two (2) year period on March 6, 2009 unless substantial use or construction has commenced. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Watershed District Special Permit Plan Preferred Site Layout Single Family Dwelling Bonny Lane North Andover,MA 01845 Prepared for: Bonny Realty Trust Amy F.Constantino 70 Pine Ridge Road North Andover,MA 01845 Prepared by: Cammett Engineering 297 Elm Street,Amesbury,MA Scale: 1"=20 feet • 4 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence Date: July 10,2006, Revised 1/9/07 Sheets: 1 Report titled: Stormwater Analysis Project#06013 Bonny Lane North Andover, MA 01845 Prepared for: Bonny Realty Trust Amy Constantino 70 Pine Ridge Road North Andover, MA 01845 Prepared by: Cammett Engineering 297 Elm Street,Amesbury,MA Date: September 14,2006 5 I