HomeMy WebLinkAboutDecision - 105 BONNY LANE 9/15/2009 / , Bk 11793 Po 49 ° _l
10-07-2009 ;l
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North Andover,Massachusetts 018kia.R T Fi I JM!i
MASSACHUSETTS
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of an.appeal.
al.
Any appeal shall be filed Date 07aov9'
within (20) days after the �:Bradshaw
Town date of filing this notice in
the office of the Town Clerk.
Date: September 15, 2009
Date of Hearings: August 4,2009,
September 1, 2009, September 15, 2009
Date of Decision: September 15,2009
Petition of: Eugene and Anne Saragnese, 105 Bonny Lane. North Andover,Massachusetts,
01845
Premises Affected: 105 Bonny Lane,North Andover,Massachusetts,01845,
Assessor's Map 62,Parcel 52 and located in the Residential 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.
So as to allow the razing of an existing dwelling unit and to construct a new dwelling unit, with an
extended footprint, an increase in driveway area and the installation of stormwater management system,
and related grading and landscape work within the 250 foot Non-Disturbance and 325 foot Non-Discharge
Buffer Zones of the Watershed Protection District.
After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed
Special Permit for the Watershed Protection District,based upon the following conditions:
�it(7b4 g Board /mons,Chairman
Richard Rowen
Timothy Seibert
Michael Walsh
Courtney LaVolpicelo
cc: Town Departments
Applicant
Engineer ATT1 ST:
Abutters A "Prue Copy
Town Clerk
105 Bonny lane Map 62,Parcel 52
Watershed Special Permit—Construct Single-Family Residence
September 15,2009
Assessor
The public hearing on the above referenced application was opened on August 4, 2009 closed by the
North Andover Planning Board on September 15, 2009.
On September 15, 2009, upon a motion made by Michel Walsh and seconded by Timothy Seibert to
GRANT a Watershed Special Permit to construct a 3,537 sq. ft. single-family residence with attached
garage and deck, expansion of an impervious driveway, installation of stormwater management system,
and related grading and landscape work within the 250 foot Non-Disturbance and 325 foot Non-Discharge
Buffer 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 Eugene and Anne Saragnese, 880
Great Pond Road, North Andover, MA 01845 on July 2, 2009. 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 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 project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. The final design reflects 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.
b) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston,and with the application of the erosion control measures and modifications to the drainage
and stormwater management designs, the consultant concluded that there will not be significant
degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage
system and storm water management design are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices, and has been reviewed by the
outside consulting engineer, Lisa Eggleston. See letters from L. Eggleston dated August 21, 2009,
August 19, 2009 and July 27,2009 and letters from Sullivan Engineering Group dated June 30,2009
and August 12, 2009 respectively. Further, adequate safeguards have been provided to mitigate
pollutants from entering Lake Cochichewick through the installation/implementation of the
following Best Management Practices relative to a single-family dwelling:
i) Roof runoff is routed to infiltration areas. The new structure calls for recharging 1,398 s.f. of
roof area, thus providing a net reduction of 363 s.f. of impervious cover. The new structure
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105 Bonny lane Map 62,Parcel 52
Watershed Special Permit—Construct Single-Family Residence
September 15,2009
will have gutters and roof drains that will direct runoff to the drywell, which has been sized
for the 100 year storm event.
ii) No new lawn area is being proposed and the existing "grassy area" as noted on the plan, will
remain and will not be expanded. Tree cutting within the 150 to 250 ft. buffer area to the lake
is limited to that which is required for construction and for on-going maintenance. There will
be no tree cutting within the 150 ft. buffer area to the lake.
iii) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be noted on the deed.
c) The existing structure is connected to the Town sewer and water systems.
d) The topography of the site will not be altered substantially. The new dwelling unit will be built on
the foundation of the existing dwelling unit.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge
Zones for any discharge, structure or activity. The new dwelling unit will be built on the foundation of
the existing dwelling unit.
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 existing lot does not conform to the minimum lot area requirements for a lot within the Residential 1
Zoning District as shown in Table 2 of the North Andover Zoning By-laws and is grandfathered as a lot
that existed prior to the change in lot size for this Zoning District..
6) 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) Permit Definitions:
a) The"Locus"refers to the 1.47 acre parcel of land with frontage on Bonny Lane as shown on
Assessors Map 62, Parcel 52, and also known as 105 Bonny Lane,North Andover,
Massachusetts.
b) The"Plans" refer to the plans prepared by Sullivan Engineering Group, dated June 30, 2009 and
revised to August 12, 2009 and August 24, 2009, entitled "Site development Plan of Land,
located in North Andover,North Andover, MA. prepared for Gene Saragnese".
3
105 Bonny lane Map 62, Parcel 52
Watershed Special Permit—Construct Single-Family Residence
September 15,2009
c) The"Project"or"105 Bonny Lane" refers to the razing of a 2,148 sq. ft. existing dwelling unit,
and the construction of a 3,248 sq. ft. single-family residence with attached garage and deck,
expansion of a driveway, installation of stormwater management system, and related grading and
landscape work within the 250 foot Non-Disturbance and 325 foot Non-Discharge Buffer Zones
of the Watershed Protection District.
d) The"Applicant" refers to Eugene Saragnese, the applicant for the Special Permit.
e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant, developer, and owner.
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) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free.
This restriction will be noted on the deed.
4) Prior to issuance of a building permit:
a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North
Andover must be posted to insure that the construction,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.
c) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-
free. 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.
4) 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 mitigation trenches 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.
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.
4
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105 Bonny lane Map 62,Parcel 52
Watershed Special Permit—Construct Single-Family Residence
September 15,2009
8) This Special Permit approval shall be deemed to have lapsed September 15, 2011 (two years from the
date of issuance) exclusive of the time required to pursue or await determination of any appeals,
unless substantial use or construction has commenced within said two-year period. Substantial use or
construction will be determined by a majority vote of the Planning Board.
9) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
a) Plan titled: Site Development Plan of Land
105 Bonny Lane,North Andover, Mass.
Prepared for: Eugene Saragnese
105 Bonny Lane
North Andover, MA 01845
Prepared by: Sullivan Engineering Group
22 Mount Vernon Road
Boxford, MA 01921
Scale: 1"=20'
Date: June 30, 2009 and revised August 12, 2009, August 24, 2009.
Sheets: 1
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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