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Home My WebLink About1998-07-09 Decision DEF SUB 'f'own of North Andover µORTH OPPtCE OP COMMUNITY DEVELOPMENT AND SERVICES A 30 School Street o MU LAM sCOTT North Andover, Massachusetts 01845 Director { NOTICE OF DECISION a.O� r �cDOc">-r3 Any appeal shall be filled within (20) days after the �? , date of filling this Notice in the Office of the Town Clerk. Date July 9, 1998 Date of Healing 4/7/98, 4/21/98, 5/19/98 6/2/98, 6/16/98, 7/7/98 Petition of Anne Messina Premises affected Lot 2A ,Winter street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136 (watershed district) so as to allow to obtain approval to construct a single family dwelling within the non--discharge zone. After a public hearing given on the above date, the Planning Board voted to APPROVE the Watershed Special Permit based upon the following conditions: Signed"I .t`,�^C�� CC: Director of Public Works Richard S.Rowen, Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney Towns Outside Consultant File Planning Board Interested Parties CONSERVATION-(978)688 9530 • HEALTE-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE—(978)688-9545 0 *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET Town of North Andover "ORTh1 o< < CE Or, 3�oy t�tw� ,61tiapc COMMUNITY DEVELOPMENT AND SERVICES 30 School Street �4 , WlI LIAM J.SCOTT North Andover,Massachusetts 01845 ss Alto Director July 9, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit-Lot 2A Winter Street Dear Ms, Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening April 7, 1998 at 7:30 p,m, in the Department of Public Works, upon the application of Anne M. Messina, 12 Vista Circle, Methuen, MA 01844 requesting a special permit under ,Section 4.136 watershed protection district of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on March 18 & March 25, 1998 and all parties of interest were duly notified. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Richard Nardella, Joseph V, Mahoney, and Alberto Angles, Associate Member, The petitioner was requesting a special permit to obtain approval to construct single family dwelling within the non-discharge zone. The premises affected is land numbered Lot 2A Winter Street in the (R-1) Zoning District and the Watershed Protection District. Mr. Serwatka presented the plan showing one home with all of the work outside of the 150' buffer zone. Ms. Colwell stated that all their work is out of the buffer zone however ConCom has not approved the wetland line. Mr-. Nardella asked where the'grass Swale is. Mr. Serwatka stated that it is along the proposed driveway. Ms. Colwell asked if the Board would like to do a site walk. Mr. Rowen stated that the Board could go out on its own. Mr. Rowen suggested that the applicants resolve the issues with DPW and then come back at the next meeting. Continued until April 21, 1998, BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTII 688-9540 PLANNING 688-9535 , E 3 The North Andover Planning Board held a regular meeting on April 21, 1998. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph V. Mahoney & Alberto Angles, Associate Member, Kathleen Bradley Colwell, Town Planner was also present. Joe Serwatka of Hancock Engineering and Anne Messina were present to represent Winter Street. Mr. Serwatka stated that he met with Jim Rand and Ms. Colwell. Mr. Serwatka stated that DPW may be happy with the gravel access but they need more time. Mr. Serwatka stated that ConCom is happy with the wetland line. Mr..,Rowen asked if on their side of the property is wet. Ms. Messina stated that it was. Ms. Colwell stated that if Winter Street was to be extended to the pump station there could possibly be 5 more houses with this house. Ms. Messina stated that there is a 10' water main that exists. Ms. Messina stated that they are working with Chief Dolan. Ms. Colwell stated that we need an extension from Ms. Messina. Ms. Colwell stated that she would like Ms. Messina to put a conservation restriction on the remainder of the property. Mr. Rowen stated that he does not want to force the applicant to build a road. Ms. Messina stated that if she builds the other lot she would have to bring the road up to Town standards. Ms. Colwell stated that she does not want the next owner to get penalized because Ms. Messina got the waiver. Mr. Mahoney stated that he does not feel that if she gets this approval and then someone else buys the property that Ms. Messina should have to do this work if they would already know that they had to do it. Ms. Messina stated that she has not looked at the possibility of the lots being buildable. Ms. Colwell stated that the Scully property has frontage on Great Pond Road and the only lot that would need road frontage is the lot adjacent to Ms. Messina and that could be deeded as conservation land. On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to grant an extension until May 19, 1998. Continued until May 19, 1998. The North Andover Planning Board held a regular meeting on May 19, 1998. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph Mahoney, John Simons & Richard Nardella, Kathleen Bradley Colwell, Town Planner was also present. Joel Bard, Kopelman& Paige reviewed the application. In his opinion the applicant must either upgrade the road prior to endorsement of the FORM A plan or must apply for a subdivision to provide a mechanism for the Board to require the roadway upgrades. Ms. Colwell stated that she met with Anne Messina and explained the situation. Ms. Messina chose the subdivision process and is withdrawing the Form-A. Continued until June 2, 1998. The North Andover Planning Board held a regular meeting on June 2, 1998. The following members were present: Richard Rowen, Chairman, Joseph Mahoney, Alberto I Angles, Associate Member, John Simons & Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present, ' Continued until June 16, 1998, The North Andover Planning Board held a regular meeting on June 16, 1998. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Richard Nardella, Joseph Mahoney, Alberto Angles, Associate Member& John Simons, Kathleen Bradley Colwell, Town Planner was also present. The Board discussed these public hearings together because they are the same property, Joe Serwatka was present to represent Rose Meadow and Winter Street. Mr. Rand stated that they will be extending the water main and that the Fire Department finds the hammerhead turn acceptable. Mr. Rand also stated that the Fire Department has required them to put sprinkler systems in the house. Mr. Simons stated that there would be a future right of way easement. The Board went over the plans. Kristen Hollanbeck, an abutter stated that the property is very wooded and has concerns with cutting down all the trees when the Town puts in the sewer in. Mr. Rand stated that when they are out there they would go over it prior to cutting in front of her property, Ms. Hollanbeck asked how wide the road is, Mr. Rand stated that it is 22'wide. Mr. Nardella stated that maybe we could require the applicant to do some plantings. Ms. Colwell stated that there are no more major issues, On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing for Rose Meadow definitive plan and Winter Street watershed special permit. ' The North Andover Planning Board held a regular meeting on July 7, 1998. The following members were present: Richard Rowen, Chairman, Joseph Mahoney, Alberto Angles, Associate Member & John Simons, Kathleen Bradley Colwell, Town Planner was also present. On a motion by Mr. Angles, seconded by Mr. Simons, the Board voted unanimously to approve the Winter Street watershed special permit decision as written. Attached are the conditions. Sincerely, 1� IcYa-A, Rowen, Chairman North Andover Planning Board r ' f 1 I Lot 2A Winter Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Anne M. Messina, 12 Vista Circle, Methuen, MA 01844, dated March 16, 1998, requesting a Special Permit under Section 4.i36 of the Zoning by-law to allow surface and sub-surface discharge of storm water within the Non-Discharge Zone of the Watershed Protection in conjunction with the construction of a single family home and driveway. 2. 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 dwelling will be connected to the Town sewer system; b) Storm water runoff from the roof of the proposed dwelling will be collected and directed to dry wells which will infiltrate and treat the runoff; c) Storm water runoff from the driveway will be infiltrated and treated by means of grassed"biofilter swale"placed alongside the driveway; d) All work on the lot will be conducted outside of the Non-Disturbance Zone. 2. that there is no reasonable alternative location outside the Non-Discharge Buffer 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; 1 I t f 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: a) Plan titled: Plan of Land Location North Andover, MA Owned by: Santo &Anne Messina Scale: l"=40' Date: 3/3/98 Prepared by: Scott L. Giles, R.P.L.S. Frank S. Giles North Andover, MA 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. 1) Prior to any work on site: a) A performance guarantee of two thousand ($2,000) 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) The limit of work as shown on the plan must be marked in the field with yellow caution tape and must be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) 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. 2 i n i t i e) All plans for the tie-in to the municipal sewer must be.reviewed and approved by the Division of Public Works. 2. Prior to release of the Performance Bond: .f i a) 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 submitted to the Planning Board and included in the file. b) The applicant shall submit an as-built plan that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and shall be stamped by a Registered Professional Engineer in Massachusetts. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. c) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 3. 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. 4. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 5. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. b. 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, 7. This permit shall be deemed to have lapsed after a two- (2) year period from the date V- p on which the Special Permit was granted unless substantial use or construction 1haA commenced. CC. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant 3 i 1 { � 1 I Y i i I Engineer File Lot 2A Winter St -Watershed 4 town of North Andover AORTN OFFICE OF 3�0 �`�5��° ,,gboc i CUMIVIUNITY DEVELOPMENT AND SERVICES ° . p 0 27 Charles Street 4�4�110 Fop P��y North Andover, Massachusetts 01845 RSs.acHus�{ WILLIAM L SCOTr Drreclor (973)698-9531 Fax(978) 688-9542 CERTIFICATE OF THE NORTH ANDOVER PLANNING BOARD Petition of ANNE MESSINA Premises affected: Lot 2A, Winter Street,North Andover, Massachusetts Notice of Decision: July 9, 1998 Plan approval: October 6, 1998 This certificate given on this date states that on July 9, 1998 the North Andover Planning Board issued a Notice of Decision on the above mentioned property. That there were no appeals regarding this decision. The Town of North Andover Planning Board signed the Plans regarding this property on October 6, 1998. That there have been no modifications, amendments or rescissions regarding this notice of decision dated July 9, 1998 and that the plans dated 06/27/98 have not been amended or modified in any manner. North Andover Planning Board .4 /d/, 7 eq. HOARD OF APPEALS 688-9541 BUILMNO 688-9545 CONSERVATION 688-9530 HEAL rH 688-9540 PLANNPFG 68Y,9535 lve3�JOB :g HANCOCK ENGINEERING AS VATES m)A MAI-r6 P— 6-r 235 Newbury Street, Route 1 North SHEET NO, OF DANVERS, MASSACHUSETTS 01923 (508) 777-3050 (617) 662-9659 CALCULATED8Y_ DATE (508) 352.7590 (508) 283-2200 CHECKED BY DATE SCALE 1 . A .7, ............ 1 FT T-F .1-7 14 .......... Vv- ............ ....................... ah—T . 4�'&'4 177 j! os ........... ahk- ............ P L ;f;Zj e) 1 A 1 ills j A-4— .......... t............ ........... ....... ''I L-................... ....... I L ... A 1.. my . ....... sx;..b VIA -410 -1 f J ................ -71:t ........... -T rin 1-4— ft-