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Home My WebLink About1994-08-16 Recorded Decision WSP 8/30/94 I TOWN OF NORTR ANDOVER Sig. • A� • a��,. ,� Aua'30 � 20 i�`� '' BK 4145 PG 318 Any aMeel shall bo tiled within(Z(f)day%afterthe NOTICE aF oecEsroN date of filing of this Ncgl o In thu Office of the'fown' Clerk. i 1JRte August A,..1 994 funV Ain' 'if; June 2h, .ate Date of Hearing July 3L90 Aug. 2, August 16, 1994 PCiition of Sunnier Stzeet Aea1tX Trust..................................... Premises affected Parcel..h,2Sarblerla�e Road L Gxeat Tana nova , Referring to the Above petition for a special permit from the requirements of the NorCh Andover 3aninR RXlaw ^ &ectlon'4.136 f41 and {5)�al „ allow grading, vegetation r"oval, suttaca and subavtiace discharge of SO as to r1ti atorrawater and the construction of a paved drxvewax.wlthin the Hon-olaturbance ance zone and surfa¢e and aubsur£aoe�di.achaxge o� ator:avater in the l;o,i-Jischu A 1 Zone of the W9tersfiea 4roteotion I)xatmi et on Parcel A...„....•. A€ter a pUblie hearing given on the above data, the Planning Board votes.ohDIT1ONRLLY to ,r�PPRPVE........the ....SP>;CIAL PP.TWIN''......,....•.......•,... ......... LBVY HALMM 50 MHz based upon the roHowing conditions: 14oMN,MA mipq Signed lWft/ 0-'U" CCt D:;motor of Poblio Norte Richard A, Naxdella, chairaan Building Inspector ' Conaorvation AdAini4trot4>r Joz h Hahanax�'vicp Chairman Health GanitarlAA , Asnassora Richard POWen. C1Ar)c Police Caie.� ,�••' •,•.••• rira Chief John sl.4,K Applciant: .................... gngi er .e I.asearbogyr rile ... Aaicq}aka Member rile . 3?Sa•' nning Mid Interested Parties Lot A Great Pond Road Spacial Permit - Watershed Protection District Tho Planning Board makes the following findings regarding the application of SUmnar Street Realty, P.O. Box 67oD, North Andover, MA 01845 dated May 13, 1994, requesting a Special Permit under Section 4.136, paragraph 4(a)(1) and 5(A) of the North Andover zoning Bylaw to allow grading, vegetation removal, surface and oubourface discharge of stormwater and the construction of a paved driveway within the Non-Disturbance Zone and surface and uubsurfaco discharge of atormwater in Non- Dioohargo Zone of the watershed Protection District. FINDINGS 08 FAC $ In accordance with 4.136(7) th4 Planning aoavd makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. 8pecitioally the Planning Board findat A. 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 xindl;ngs on the results of two Hater quality studies complated fox thin prajoot. a. that there is no reasonable alternative location outside the Mon-Discharge or Nan-Disturbance Buffer Zone for any discharge, structure or activity, associated with the proposed construction as the entire lot is located within the Non-Discharge Buffer Zone and the only accoaa to the buildable portion of Lots 4 and 5 is through the Non-Disturbance Zone found on Lot A. 'In a000rdanae with Section 10.3L of the North Andover Zoning gylaw, the Planting Board makes the following findings; A. the specific site in an appropriate location for the proposed use as all possible controls have boon plaCad on the site; B. the use will not adversely Aff6vt the neighborhood as the lot is located in a residential tone; C. there will be no nUisanoa or serious hazard to vehicles or pedestrians as access to the lot will be gro'A a private road and common driveway, not dir4atly from Groat pond Road; D. adequate and, appropriate facilities are provided for the proper operation of the propaaed Use; E. the Planning 'Board also makes a specific finding that 1 I K 4145 G 320 E the use is in harmony with the general purpana and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the [Manning Board approves this Special Permit based upon the following conditions; APXCI'AL CONDITI03S. 1. This decision must be tiled with the North Esnax Registry of Deeds. Included as part of thin decision are the following Runs; i a. Site Development Plan of land in North Andover, class Drawn For: Sumner Street Realty Trust P.O. ROX 6700 North Andover, !LA 01845 Scales 1" w 40' Date; May 10, 1990 rev. 7/18/94 Prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 b. Water Quality and Quantity Sveluation ]Lots A and 1 - 5 off Marbleridga Roads Leland Parcel Normandeau Associates o. Letter dated June 3, 1994 Res Lot 1 - 5 and Lot A Nas;bleridga Road, North Andover, MA From:Curtie R. Young, President Wetlands Preservation Inc. 569 North Street Georgetown, MA 01833 d. Lstter dated July is, 1994 Re: Review of Water Quality Impacts Associated with Proposed 5 Lot Residential Subdivision Fxom.George Mariani Bh.D,, L.S.P. Sanford Ecological services, Inc. 30 Turnpike Road Southborough, MA 01772 e. Vdmund Leland Definitive Subdivision Conditional approval Dated: August 30, 1994 f. Lots 4 and 5 Great Pond Road Special Permit Approval Common Driveway Dated! August 30, 1994 Any changes made to these plans shall be approved by the Mown planner. Any changes deemed substantial by the Town 2 i Planner will require a public hearing and modification by the Planning hoard. 2. prior to any work on site: a. A performance guarantee of five thousand ($5,000) dollars in the form of a check laade 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. This will also insure that an as-built plan will be submitted. b. All work in the Non-Diaturbance zone must be completed within seventy two (72) hours with the site backfilled, regraded, loamed and needed or otherwise returned as clone as posz+ible original condition, Work on the site is to ba monitored by the Planning office and/or the Division of Public Worke. a. All erosion control measures must be in place and reviewed by the Town planner. d. The site shall have received 'all necessary permits and approvals from thu North Andover Conservation CoTimission, 19oard of Health, and the Department of Public Works and be in compliance with the above permits anti approvals. 9. No pesticides, fertilizers, or ohsz.icals shall be used in lawn care or maintenance. 3. Prior to release of the Performance Bonds a. A "]Private Driveway" sign must be installed at the common driveway entrance to Great pond Road, bi All leaching trenches must be in place as shown on the plan. C. The applicant shall submit a certified copy of an as- built plan which shows all construction, including sewer lines, leach pits and other pertinent site features. This as-built shall be submitted to the Town Planner for approval and shell be stamped by either a 1Regieterad Professional Land surveyor or Practicing Engineer. d. The Planning Hoard must by a majority vote make a finding that the site ie in conformance with the approved plan and that any unforexeen circumstances have bean adequately addressed. 3 1 4.• In na instance shall the applicant'■ propcaad construction be allowed to further Impact the site than ax proposed on the plan referenced in Condition # 1. If the annatruotion .impacts an area greater than that shown on tha plan or unforeseen oirometnnoes arias, the planning Board reserves tho right to stop all work on t]9 sits until Ouch time as disturbed areas are stabiliaad and all Issues are roeoived.�• 5. No open burning shall be dons except as is permitted during burning season under the Fire Dapartrent regulations. 6. The Contractor shall contact Dig safe at least 72 hours prior to commencing excavation. 7. Thg 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. 0. 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. Therefore the permit will expire on rugast 30, x996. ' cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police officer Fire Chief Applicant Mngineor File Im1nndA.W8P 4