HomeMy WebLinkAboutDecision - 115 BONNY LANE 10/4/1993 (2) PhuIlING BOARDri^
TOWN OF NORTH ANDOVER_ . {El
MASSACHUSETTS 4.'., . 91
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Any appeal shall be filed ' : '•'
within (20) days after the 'SS,cmustt
date of filing of this Notice
in the Office of the T,wr+ NOTICE OF DECISION
Clerk.
Date October 4, 1993
August 31, 1993
Date of Hearing September 21, 1993
Petition of Thomas. J:. :Thomas:. Trustee:. HOLSAM. Realty. Trust. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bonny Lane
ff
Premises affected nn
115 0
X
Referring to the above petition for a special permit from the requirements
of the North• Andover• Zoning• Bylaw,. Section, 4.136.. Paragraph. 5. . Watershed Protection
. . . . . . . . . . . . . . . . . . . . . . . . District.
so as to permit the construction of an addition to an existing structure within
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
250• ft:, of• .... annual, mean• hi.h. water. mark, of. Lake. Cochichewick• . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to APPROVE the SPECIAL PERMIT
based upon the following conditions:
cc: Director of Public Works Signed / L � "' . .-/t/
`/,�iL�;L' !L
Building Inspector Richard A. Nardella, Chairman
Conservation Administrator • • • • • • • • • • • ' • " " "
Health Agent John Simons, Vice Chairman
Assessors . . . . . . • • • • • • • • • • • • • . • • • • . . . . . . . .
Polcie Chief John Draper
Fire Chief
Applicant Richard Rowen
Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
File John Daghlian, Associate Member
Interested Parties • " • • • • • • •
Planning • Board
.war.,
KAREN H.P. NELSON 1� Town of 120 Main Street, 01845
Director
BUILDING 449' NORTH ANDOVER (508) 682-6483
CONSERVATION @'4c DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
October 4 , 1993
Mr. Daniel Long, -
Town Clerk
Town Building
120 Main Street
North Andover, MA 01845 Re: Special Permit -
Watershed Protection
District - 115 Bonny
Lane
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
August 31, 1993 upon the application of Thomas J. Thomas, Trustee,
Holsam Realty Trust, c/o Domenic Terranova, Esq. , One Elm Square,
Andover, MA requesting a Special Permit under Section 4 . 136,
Paragraph 5 of the North Andover Zoning Bylaw. The legal notice
was properly advertised in the North Andover Citizen on August 11
and August 18, 1993 and all parties of interest were duly notified.
The following members were present: Richard Nardella, Chairman,
John Simons, Vice-Chairman, Richard Rowen, John Draper and John
Daghlian, Associate Member.
The petitioner was requesting a special permit for the
construction of an addition to an existing structure within 250 ft.
of the annual mean high water mark of Lake Cochichewick within the
Watershed Protection District. The premises affected is located at
115 Bonny Lane in a Residential-1 (R-1) Zoning District.
Mr. Rowen read the legal notice to open the public hearing.
Domenic Terranova, Attorney, told the Board that the house has
been on the site for more than 10 years. The owners want to
enlarge the master bedroom suite. The total addition is less than
10%. The porch will be enclosed. The existing porch is presently
open. A roof will be put over it and the stairway will be moved
slightly. A hip roof over porch with a better foundation. Will
add gutters and spouts to a dry well.
Mr. Simons asked if there would be any additional bathrooms.
The answer was "no" .
Excavation for the addition needs to be added on the plan.
Put fertilizer limits in the decision.
Page 2:
115 Bonny Lane
Will need limit of work shown and silt fences/hay bales.
On a motion be Mr. Rowen, seconded by Mr. Draper, the Board
voted to continue the public hearing to September 21, 1993 .
Mr. Nardella asked when the sewer was going to go in. Staff
to ask D.P.W.
Mr. Rowen will draft decision, Ms. Bradley will give him a
draft.
On September 21, 1993 the Planning Board held a regular
meeting. The following members were present: Richard Nardella,
Chairman, John Simons, Vice-Chairman, John Draper, Richard Rowen
and John Daghlian.
Mr. George Latulippe was present for the applicant to answer
any questions the Board might have.
Mr. Nardella questioned when the sewer would be available for
the area. Staff to check with D.P.W.
Mr. Latulippe told the Board that a sewer line is being put in
now, during the construction of the addition so when the sewer
becomes available the site will just have to tie in.
The existing dry well shall be located on the plans.
On a motion by Mr. Rowen, seconded by Mr. Daghlian, the Board
closed the public hearing.
The Board reviewed the draft decision prepared by Ms. Bradley
Colwell and Mr. Rowen.
Item 1B to be changed.
Under Findings of Facts in the 4 . 136 section, the Board asked
that the reasons why be more explicit, i.e. no additional bedrooms
to be added.
On a motion by Mr. Rowen, seconded by Mr. Simons, the Board
voted to approve the Special Permit as drafted and amended.
Attached are those conditions.
Sincerely,
North Andover Planning Boar
Richard A. Nar ella, Chairman r
Page 3:
115 Bonny Lane
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Agent
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
115 Bonny Lane
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the
application of Holsam Realty Trust, c/o D.S. Terranova, Esq. , One
Elm Square, Andover, MA. 19810, requesting a Special Permit under
Section 4 . 136, Paragraph 5 of the North Andover Zoning Bylaw to
allow for the construction of an addition to an existing
structure within 250 feet of the annual high water mark of Lake
Cochichewick within the Watershed Protection District.
FINDINGS OF FACT:
In accordance with Section 10. 31 of the North Andover Zoning
Bylaw:
1. The Planning Board finds that the specific site is an
appropriate location for an addition as there is an existing
house;
2 . The construction of the addition will not adversely affect
the neighborhood;
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 findings that the
use is in harmony with the general purpose and intent of the
North Andover Zoning Bylaw.
In accordance with Section 4 . 136 of the North Andover Zoning
Bylaw:
1. The proposed construction of the addition will not cause any
significant degradation of the quality of water in or
entering Lake Cochichewick.
2 . No additional bedrooms to be added to the existing structure
or the proposed addition.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions:
SPECIAL 'CONDITIONS:
1. Prior to issuance of a Building Permit, the plans must be
revised to include the following:
a) . gutters and downspouts for all roofed areas;
b) . a dry well and piping to collect runoff from the roof.
The dry well shall be on the street side of the
existing house and shall be located practically to
maximize the distance from the lake.
c) . The limits of excavation and location of hay bales and
silt fences.
d) . The revised plans must be submitted within fourteen
days of the Board's vote, and prior to the filing of
this decision with the Town Clerk.
2 . Prior to Construction:
a) . Silt fence and hay bales must be placed along the limit
of work.
b) . 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.
c) . The applicant must provide a written certification by a
Registered Professional Engineer that the construction
of the addition will not cause any significant
degradation to the quality or quantity of water in or
entering Lake Cochichewick as required by the North
Andover Zoning Bylaw, Section 4 . 136 (7) (c) .
d) . The applicant must provide evidence that all on-site
operations including, but not limited to, construction,
wastewater disposal, fertilizer applications and septic
systems will not create concentrations of Nitrogen in
groundwater greater than the Federal limit of 10
mg/liter at the downgradient property boundary as
required by Section 4 . 136 (7) (d) .
e) . All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
3 . No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
4. The provisions of this conditional approval shall apply to
and be binding upon the applicant, its employees and all
successors and assigns in interest or control.
5. This permit 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. Therefor the permit will expire on October 4 ,
1995
6. The following Plans shall be deemed as part of this
decision:
a) . Plan of Land in North Andover, Mass.
Surveyed for: Holsam Realty Trust
Scale: 1" = 20 '
Dated: August, 1993
Revised:
Stowers Associates Inc.
Reg. Land Surveyors
Methuen, MA
cc: Director of Public Works
Building Inspector
Health Agent
Assessors
Conservation Administrator
Police Chief
Fire Chief
Applicant
Engineer
File