Loading...
HomeMy WebLinkAboutHORNE, FREDERIC P��hhiH � � DAf10 TOWN OF NOR 'T' H ANDOVER MASSACHUSETTS RECaNiEL Jk"L0 p 0* 14 CLERK � pORTq 148ta t AWi1OVER 1 Any app of shall be filed .• ��MSo j 2ve ' within IM days after the date of filing of this Notice �JSAGNVSEZ In the Office of the Town Clerk. NOTICE OF DECISION Date A.eptP0VT.?T A990. . . . . . . . . . . . Date of Hearing se�tember.l3_.1990 Petition of Frederic Horne_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affectedzot 25, Great Pond Roan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the Non 4 135 2(b)(I).ato (IMII), . . . . . . . . . . so as to permitthe.construction.of.a single. family.dwelling. with.associated accurtenances including on-site disposal system and grading within the non-disturbance zone . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVE . . . . . . . . . .the . . . . . . . . . .. . .. PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc: Director of Public works based upon the following conditions: Board of Public Works Highway surveyor Building Inspector Assessors Signed ��G�-d� ��Gf ��{• Conservation Commission Board of Health George .Reyna.,. Jr., .Chairman . . . . , Police Chief Fire Chief JVh4 AU4P P,. �� $. . . . Applicant Engineer John Draper. . . . . . . . . . . . . . . . . . . . . . Interested Parties File Joseph Mahoney Robert Ercolini . .lylatai� iig Board. .t FREDERICK HORNE LOT 25, GREAT POND ROAD SPECIAL PERMIT FOR CONSTRUCTION WITHIN THE NON-DISCHARGE ZONE OF THE WATERSHED PROTECTION DISTRICT. ZONING BYLAW, SECTION 4.135 FINDINGS OF FACT: The Planning Board makes the following findings regarding this Special Permit as required by section 4.135 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2. The applicant has met the requirements of the Town for a Special Permit as stated in Section 4.135 of the Zoning Bylaw. 3. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 4. This application for a Special Permit, as required by the Watershed Protection District, Section 4. 135 of the North Andover Zoning Bylaw, was specifically granted to allow construction of a septic system within 325' of a tributary to Lake Cochichewick. The board has approved of this Special Permit with the understanding that although this system is within 325 feet of a tributary to the lake, this tributary is not one of the six identified in the IEP Lake Cochichewick Watershed Plan dated August 1987. Further, this proposed system has received approvals from both the Conservation Commission and the Board of Health. The Planning Board finds under Section 4.135 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires minor conditions in order to be completely in compliance with Town Bylaws. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North Essex Registry of Deeds. SPECIAL CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds. Included as part of this decision are the following plans: plans entitled: SUBSURFACE DISPOSAL SYSTEM DESIGN FOR IAT 25, GREAT POND ROAD. NORTH ANDOVER, MA. prepared for: FREDERIC HORNE 940 GREAT POND ROAD NORTH ANDOVER, MA prepared by: RICHARD F. KAMINSKI and ASSOCIATES 200 SUTTON STREET NORTH ANDOVER, MA 01845 scale: 1" = 40' dated: JUNE 4, 1990 REV. JULY 10, 1990 REV. AUG. 2, 1990 2. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 3 . Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 4. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 5. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6. No underground fuel storage shall be installed. 7. Prior to a Certificate of Occupancy being issued for any structure on this lot, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 8. 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. 9. All Planning Board Order of Conditions, issued herein, are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 10. The Order of Conditions issued by the North Andover Conservation Commission, Dated 8/15/90, Shall be considered as part of this decision. 11. Prior to the Building Permit being issued for the structure and again prior to occupancy of the structure, the applicant shall receive a written determination from the Conservation Administrator that all work being done under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. 12. The applicant shall construct a dry sewer line to the front property line along Great Pond road. This sewer shall be in conformance with all regulations as required by the Division of Public Works. Also, the applicant shall tie into the sewer system within one (1) year of its becoming available to this lot, or at such earlier time as the Board of Health may require. 13. In no instance shall the Applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced above in condition #1 of this approval. 14. 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 presented to the Planning Board and included in the file. 15. A No-Cut Zone shall be established by the NACC. 16. A bond in the form of a passbook shall be posted to insure proper operation, maintenance, mitigation and/or remediating action as may be required of the proposed septic system. This bond shall be set at twenty thousand dollars. ($20,000.00) The applicant shall post ten thousand dollars prior to receiving a Building Permit and the remaining ten thousand dollars prior to receiving a Certificate of Occupancy. The intent and purpose of this bond is to allow the Town to rebuild, repair, relocate or ameliorate in any other manner the Septic System should it fail prior to the applicant tying into the sewer system, or should it negatively impact the watershed district. Further the Town may use this bond to cover any legal fees which the Town may incure while enforcing these conditions. The interest derived from this account shall be used by the Town of North Andover for the purpose of conducting an annual inspection of the proposed septic system. 17. Prior to receiving a Certificate of Occupancy the applicant shall submit a certified copy of As-Built plans for both the proposed septic system and dry sewer hook-up to Great Pond Road. These As-Builts shall be submitted to the Board of Health and Division of Public Works for approval and shall be stamped by both a Professional sanitary Engineer and Practicing Engineer. Based on the findings detailed in the IEP Inc. ,c. report dated September 12, 1990, the applicant shall comply with the following .r conditions, and such other conditions as the Town may require to insure and protect the watershed district. ) 181. Monitoring: Ground water monitoring shall be completed at the expense ;of the applicant, at a pair of wells located at the resource boundary along the projected plume path. One well shall be screened at a shallow depth (e.g. , 4 - 6 feet) , and the other a depth of 10 to 12 feet. One sample shall be collected from each well annually for a three year period (baseline) , and once every three years thereafter. Samples shall be analyzed for ortho-phosphate. 191. Mitigation: Should monitoring reveal concentrations which exceed the three year baseline average or the predicted average concentration of 0.06 and 0.05 mg/1 for lot 25, the property owner shall provide remedial or mitigative actions to minimize the loading of phosphorus to the lake. Such mitigative or remedial actions may include relocation of the leaching system, connection to municipal sewers (if available) , or the use of alternative treatment processes demonstrated at the time to reduce phosphorus loading from on-site wastewater disposal systems. 20. The property owner shall report all system failures and replacements to the Planning Board in writing. 21. These conditions may be lifted when the dwellings are connected to municipal sewers upon the petition of the property owner. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File MUM HUH TOWN OF NOILTH ANDOVER RECEIVED MASSACHUSETTS DA141ELLONG TOWN CLERK p� . NORTH K t/}Tli_ANDOVER 1 � Any appeal shall be filed op $ '11 239 within.(20*dee after the °a• . =,� date of filing of this Notice S'.CNUSEt in the Office of the Town CrlerL NOTICE OF DECISION Date. . .september 27..1990. . . . . Date of Bearing .September X1,. 1990 Petition of Frederic Horne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected • Lot.28, . Great Pond Road. . . . . . . . . . . . . . . . . Referring to the above petition fora special permit from the requirements of the north Andover .Z Watershed Protection District so as to permit the�construet�o�, p ;@,$ Ag�.� .f7X.dwell�wg .r�vth associated appurtenances : includin W an-site sub-surface disposal s stem. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�,' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r' After a public hearing given on the above date, the Planning Board voted Conditionally t0 �j?rove . . . . . . . . . . . .the . . . . . . . . . . . . . . . . . . .Special Pg . . . . . . . . . . . . . . . . . . . . . . . '. based upon the following conditions : CC; Director of Public Works Board of Public Works Signed IA Highway Surveyor /e George Perna. Jr., Chairman Conservation Commission . . . . ... . . . . . . . . . . .. . . . . . . . . . . . . . . • • • • • • • Building Inspector Assessors .John S,imons1,-Clash Board of Health Police chief .Tahn Diaper. . . . . . . . . . . . . . . . . . . . . Fire Chief Applicant Joseph Mah4gAY. . . . . . . . . . Zngineer Interested Parties Robert Erpp]_jA; . • • . . . Pile planning ' Board . FREDERIC HORNE LOT 28, GREAT POND ROAD SPECIAL PERMIT FOR CONSTRUCTION WITHIN THE NON-DISCHARGE ZONE OF THE WATERSHED PROTECTION DISTRICT. ZONING BYLAW, SECTION 4.135 FINDINGS OF FACT: The Planning Board makes the following findings regarding this Special Permit as required by section 4. 135 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2 . The applicant has met the requirements of the Town for a Special Permit as stated in Section 4.135 of the Zoning Bylaw. 3. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 4. This application for a Special Permit, as required by the Watershed Protection District, Section 4. 135 of the North Andover Zoning Bylaw, was specifically granted to allow construction of a septic system within 325 ' of a tributary to Lake Cochichewick. The board has approved of this Special Permit with the understanding that although this system is within 325 feet of a tributary to the lake, this tributary is not one of the six identified in the IEP Lake Cochichewick Watershed Plan dated August 1987. Further, this proposed system has received approvals from both the Conservation Commission and the Board of Health. The Planning Board finds under Section 4. 135 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires minor conditions in order to be completely in compliance with Town Bylaws. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North Essex Registry of Deeds. SPECIAL CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds. Included as part of this decision are the following plans: plans entitled: SUBSURFACE DISPOSAL SYSTEM DESIGN FOR LOT 28, GREAT POND ROAD. NORTH ANDOVER, MA. prepared for: FREDERIC HORNE 940 GREAT POND ROAD NORTH ANDOVER, MA prepared by: RICHARD F. KAMINSKI and ASSOCIATES 200 SUTTON STREET NORTH ANDOVER, MA 01845 scale: 1" = 40' dated: JUNE 41 1990 REV. JULY 10, 1990 REV. AUG. 2, 1990 2. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 3. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 4. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 5. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6. No underground fuel storage shall be installed. 7. Prior to a Certificate of Occupancy being issued for any structure on this lot, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 8. 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. 9. All Planning Board Order of Conditions, issued herein, are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 10. The Order of Conditions issued by the North Andover Conservation Commission, Dated 8/15/90, Shall be considered as part of this decision. 11. Prior to the Building Permit being issued for the structure and again prior to occupancy of the structure, the applicant shall receive a written determination from the Conservation Administrator that all work being done under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. 12. The applicant shall construct a dry sewer line to the front property line along Great Pond road. This sewer shall be in conformance with all regulations as required by the Division of Public Works. Also, the applicant shall tie into the sewer system within one (1) year of its becoming available to this lot, or at such earlier time as the Board of Health may require. 13o In no instance shall the Applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced above in condition #1 of this approval. 14. 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 presented to the Planning Board and included in the file. 15. A No-Cut Zone shall be established by the NACC. 16. A bond in the form of a passbook shall be posted to insure proper operation, maintenance, mitigation and/or remediating action as may be required of the proposed septic system. This bond shall be set at twenty thousand dollars. ($20,000.00) The applicant shall post ten thousand dollars prior to receiving a Building Permit and the remaining ten thousand dollars prior to receiving a Certificate of Occupancy. The intent and purpose of this bond is to allow the Town to rebuild, repair, relocate or ameliorate in any other manner the Septic System should it fail prior to the applicant tying into the sewer system, or should it negatively impact the watershed district. Further the Town may use this bond to cover any legal fees which the Town may incure while enforcing these conditions. The interest derived from this account shall be used by the Town of North Andover for the purpose of conducting an annual inspection of the proposed septic system. 17. Prior to receiving a Certificate of Occupancy the applicant shall submit a certified copy of As-Built plans for both the proposed septic system and dry sewer hook-up to Great Pond Road. These As-Builts shall be submitted to the Board of Health and Division of Public Works for approval and shall be stamped by both a Professional Sanitary Engineer and Practicing Engineer. (Based on the findings detailed in the IEP, Inc. , report dated September 12, 1990, the applicant shall comply with the following r ti conditions, and such other conditions as the Town may require to insure and protect the watershed district. ) 18. Monitoring: Ground water monitoring shall be completed at the expense ;of the applicant, at a pair of wells located at the resource boundary along the projected plume path. One well shall be screened at a shallow depth (e.g. , 4 - 6 feet) , and the other a depth of 10 to 12 feet. One sample shall be collected from each well annually for a three year period (baseline) , and once every three years thereafter. Samples shall be analyzed for ortho-phosphate. 19. Mitigation: Should monitoring reveal concentrations which exceed the three year baseline average or the predicted average concentration of 0.06 and 0. 05 mg/1 for lot 28, the property owner shall provide remedial or mitigative actions to minimize the loading of phosphorus to the lake. Such mitigative or remedial actions may include relocation of the leaching system, connection to municipal sewers (if available) , or the use of alternative treatment processes demonstrated at the time to reduce phosphorus loading from on-site wastewater disposal systems. 20. The property owner shall report all system failures and replacements to the Planning Board in writing. 21. These conditions may be lifted when the dwellings are connected to municipal sewers upon the petition of the property owner. ca: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File kecerveu uy FORM A % taw APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL "g lik " 0 1 Is May 4 1990 To the Planning Board of the Town' of North' Andover; The undersigned" wishes-to, record. the accompanying plan and requests a determination by said -Board that approval by it under the Subdivision Control Law is not required . The undersigned believes. that such approva' is not required for the following .reasonss 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of .frontage required by the North Andaver. Zo:n,ing - By Law--and.;As on a public way , namely , Great-Pond 'Road " or' a° private way , namely , 'being land bounded as follows : on the east by Great Pond Road, . on the north, west, and south by land of CochiclZewick Land Trust One. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : This plan combines two existing lots into one. 3. Title reference North Essex Deeds , Book Page _ - or 10799 Certificate of Title No . 10800 Registration Book 78 Page 393, 397 . Applicant ' s Signature : Owner ' s signatu and address if, not the a Pp l ' , -Frederic B. Itorne TrUBte Applicant ' s Address : 940 Great Pond Road North Andover, MA oi845 Received by Town Clerk : 34 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan_: .1. The North Andover Planning Board• has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has .been, made upon th1e` same'. 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c. 412 s . 81-L , and must therefore be re,submitte.d to it :for. approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOA! By . Date : " I FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL ::jApriil27 90 To the Planning Board of the Town' of North Andover : The undersigned wishes -to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes , that such approval is not required for the following .reasonsi = 1. The division of land shown . on the accompanying- plan is not a sub- division because every lot shown thereon. has the amount of .frontage required by the. North Ando-ver.. Zoning By Law- and. -is on a public way , namely , Great Pond Road or- a- private way , namely , being land bounded as follows : on the north by Brooks School, on the east by Great Pond Roadt on the south by Cochichewick Land Trust one and on the west by hake Cochichewick. 2 . T'he division of land shown on the accompanying plan is not a sub- division for the following reasons : 3. Title reference North Essex k Page or Deeds , Book ! Certificate of Title No . 10872__► Registration Book 381 Page 293 A n ' s gnatur Owner' s signature and address if not the applicant : plicant ' s Address: Frederic B. Horne, Trustee 940 Great Pond Rd. No. "Andover, MA o1845 At Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : .1 . The North Andover Planning Board- 'has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has .been made upon the` §arae. 2 . The North Andover Planning Board .has determined that said plan shows a subdivision , as definedbyG . L . c. 41 , s . 81-L9 and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOAR[ By : Date eiv_ . by Town Clerk : ��,CEiYEO 1�111�1'E GLE�K FORM A T�A�0l1�ER APPLICATION FOR ENDORSEMENT OF PLA _ BELIEVED NOT TO REQUIRE APPROVAL . July 3 19 90 To the Planning Board of the Town of !forth Andover : I! ' The undersigned wishes to record the accouipanying plan and requests a determination by said Board that approval by it under the Subdivision ,Control Law is not required . Tire undersigned believes that such approval is not required for the following reasons : The division of land shown on the accompanying plan is not a sub - division because every lot shown thereon has the an►ount of frontage required by the North Andover Zoniny By Law arid is on a pubis way , namely , _Great Pond Road or a private way , namely , being land bounded as follows : .--Bounded Bounded on the north by Lots 22 and 23, on the east by Great Pond Road and lot 24, on the south by lot 20 and land of Frederic B. Horne, and on the west by Lake Cochichewick. Z,. The division of land shown on the accompanying plan is not a sub- division for the following reasons : Ranh lot has the r guired frontage on a Public way, and each buildable lot has required minimum area 3 . Title reference North Essex Deeds , L'uok Paye or 10907 Certificate of Title 140 .1ngna I?eyistrat ion Book $$ Page 33,37,41 10909 Ap nt' ig Owner ' s signature and address if ►►ot the applicant : (Print Name) ; 'Applicant' s Address : Frederic B Horne, Trustee 940 Great Pond Road North Andover, Mass. 01845 Tel. No. INCI.0 I V CU Uj i UY, 11V L , RECEIVEFORM A DANIEL LONG TOWN CL ICATION FOR ENDORSEMENT OF PLAN NORTHANAD� IEVED NOT TO REQUIRE APPROVAL JUN Z 08 June 14 19 90 f l f To the Planning Board of the Town of North Andover. The undersigned wishes .-to record the accompanying plan and requests a 'j determination by said Board that approval by it under the Subdivision " ,. Control Law is not required . The undersigned believes, that such approval is not required for .the fol owing .reasonsr . The division of land shown. on the accompanying- plan is not -a sub- division because every lot shown thereon- has the amount of frontage required by the North Andaver,. Zoning - By Law and. -i.s on a public way , namely , Great Pond Road . or- a- private way , namely , being land bounded as follows . i mounded on the north by lots 22 and 23on the east by. Great Pond t -Road and lot 24 on the south by lot 20 and land of Frederic B. d Horne, and on the west by Dake Cochichewick. E 2 . . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Each lot has the required frontage on a public way, and each buildable lot has the required minimum area. 3. Title reference North Essex Deeds , Book Page or 10907 , Certificate of Title No . j oQ08 Registration Book 88 ; 10909 Pages ��. 32- -41 Applicant ' s Signature : Owner ' s snat and d ess if not t. ;` the a can Appli'cant ' s Address : Frederic B. Horne, Trustee 40 Great Pond Road North Andover, MA 01845 _nt:Lu I vCU"^'.vy '°I'V'17U -,a rc 1•..-.-- .. _ V Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan :- 1 . r The orth ` A ov r Plannin oard has etermined at said plan does not r quire pprov l . un r the Sub ivisi C ntrol Law , and t o propriat a dorsement s been a upon t Barrie. 6 2 . The North Andover Planning Board has determinedmfined that said P lan C shows ' a subdivision , as defined by G . L . c. 41 , s . 81-L , and must .therefore be re-submitted to it for approval under the Subdivision Control Law. r� Very truly yours , m NORTH ANDOVER PLANNING BOARD k By : Date ; I I I I \ S II•. FORM A RECHVEO DANIEL LONG APPLICATION FOR ENDORSEMENT OF PLAN TOWNC!- RK BELIEVED NOT TO REQUIRE APPROVAL NORTH 4�io DVER Jug 15 2 $ June 14 19 90 To the Planning Board of the Town' of North Andover: The undersigned wishes -to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes, that such approva is not required for the following .reasons : 1. The division of land shown on the accompanying- plan is not a sub- division because every lot shown thereon has the amount of .frontage required by the North Andover Zoning By Law and -i.s on a public way , namely , Creat Pond Road . , or- a• private way , namely, , being land bounded as follows : Bounded on the north by lots 22 and 23, on the east b-. Great Pond Road and lot 24 on the south by lot 20 and land of Frederic B. Horne, and on the west by hake Cochichewick. 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : Each lot has the required frontage on a public way, and each buildable lot has the required minimum area. 3. Title reference North Essex Deeds , Book Page or 10907 Certificate of Title No . yo oo88_� Registration Book _ 88 10909 Pages 33, 47. ,41 Applicant ' s Signature : Owner' s s ' nat and d ess if not the a can Applicant ' s Address : Frederic B. Horne, Trustee 9-40 Great Pond Road North Andover, MA 01845 Received by Town Clerk : FORMA APPLICATION FOR ENDORSEMENT OF PLANu4 �kits BELIEVED NOT TO REQUIRE APPROVAL QECZI December 21 , 1989 To the Planning Board of the Town' of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approva is not required for the following .reasons . : 1 . The division of land shown on the accompanying- plan is not a sub- division because every lot shown thereon._has the amount of frontage required by theNorthAndover. Zon.ing. By Law :-and-. is on a public way , namely , Great Pond Road , namely , , 'being land bounded as follows: • northerly by land of Brooks 4r nnl a stcrl,r by Great -P 4 a-d and by land of Coohichewick land Trust Six and SPVPn, Frede is RHorne, sole trustee southerly by land of ' reder; r R Horne and wegtPr1 W by Take (`nnhi nhewi nk- 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Each lot has the required minimum area and the reauired frontage on a public way. 3 . Title reference North Essex Deeds , Book Page �; or 10794 to Certificate of Title No . 1079.8 Registration Book 78 Page 381t 385a 3899 393, 397 Applicant ' s Signature : Owner ' s signature and addr s if not the appl�i caFrederic B. Trasbee n F7 '~ l_, Applicant ' s Address : 940 Great Pond Road -•-� North Andover, MA 01845 Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : .1. The North Andover Planning Board 'has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has .been made upon the' sanie. 2. The North Andover Planning Board .has determined that said plan shows a subdivision , as defined by G . L . c. 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, NORTH ANDOVER PLANNING BOAR By . Date : MUM NIB TOWN OF NORTH ANDOVER tiIRi MASSACHUSETTS c 12 P� a t x Any appeal shall be filed cHusE``g within (20)days after the date of filing of this Notice in the Wice of the Town NOTICE OF DECISION Clerk. I Date. . . January 19, 1990, ... , . i Date of Hearing , January.l8._1990 Petition of „ Frederica B. Horne .• . • . Premises affected , 1116 Great Pond Road i Referring to the above petition for a special permit from the requirements f of the . North Andover Zoning Bylaw - Section 4..135 . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. so as to permit . .gRvAi;rtiAtiAA of, F, &ivpvpLy, Anil,uoderground,utility,lins within .a.non-AiAtmxAajwA hp� geF. zpPp.. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally to 4PP3 9. . . . . . . . .the . . . . . . Special, Permit. . . . . . . . . . . . . . . . . . . . . . .. . .. . .. . based upon the following conditions: 94 cc: Director of Public Works Signed � . Agh Hoard of Public Works George Perna, Jr. Chairman Highway Surveyor . Building Inspector John Simons,Clerk Conservation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Health Erich Nitzsche Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . Police Chief John Draper Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant , File Engineer . . . . . . . 'pianning .Board. . . . . . . . Interested Parties OFFICES OF: d?' Town of 120 Main Street BUILDING NORTH ANDOVER North Andover CONSERVATION Massachusetts 01845 HEALTH gs'°"a` DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR January 19, 1990 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Rea Special Permit Watershed District 1116 Great Pond Road Dear Mr. Long: The North Andover Planning Board held a public hearing on December 21 , 1989 , in the Town Hall, Selectmen' s Meeting Room, upon the application of Frederic B. Horne, Trustee, 940 Great Pond Road, North Andover, MA. , requesting approval of a Special Permit under Section 4. 135 of the North Andover Zoning Bylaw. The hearing was duly advertised in the North Andover Citizen on December 7 and DecembeRr 14, 1989. All parties of interest were properly notified. The following members were present: George Perna, Chairman, John Simons, Clerk, Jack Graham and John Draper. Erich Nitzsche was absent.. The applicant is seeking approval of a Special Permit to construct a driveway and underground utility lines within the non- disturbance buffer zone of the Watershed District. The premises affected is located on the West side of Great Pond Road, known as 1116 Great Pond Road, in a Residential-1 (R-1) Zoning District and contains 20. 76 acres, more or less, with frontage of 531. 67 feet. John Simons read the legal notice to open the public hearing. Christian Huntress, Town Planner, spoke to the Board on this application stating it was not necessary for the applicant to obtain a variance because it was out side of the discharge zone but in the non-disturbance zone. The parcel contains 21 acres. } Page 2 : Bill MacLeod told the Board that the reason for appearing before the Board was that the driveway was in the non-disturbance zone . The driveway crosses the wetlands. The applicant wants a concrete driveway to eliminate any pollutants in the lake. Christian Huntress expressed his interpretation of the watershed District Bylaw. He felt that any construction within this district should be brought before the Board for a Special Permit. The Board asked to see a plan showing the cross section of the wetland crossing. A site visit will be scheduled for December 30, 1989. Mark DiSalvo, an abutter, spoke on the proposed as it relates to the existing curb-cut and the wetland crossing. A motion was made by John Simons to continue the public , hearing to January 4, 1990 and schedule a site visit for December 30, 1989 and direct the Planner, Christian Huntress to draft a decision for the January 4, 1990 meeting. The motion was seconded by John Draper and voted unanimously by those present. On January 4, 1990, the Planning Board held a regular meeting in the Town Hall, Selectmen' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. Christian Huntress, Town Planner, had been directed to write a draft decision for the Special Permit. Copies of that draft were given to the Board members. The applicant to receive the Order of Condition from the Conservation Commission on January 18, 1990. After going over the list of conditions from the Planning Board, Mr. MacLeod asked that #10 be changed from Conservation Commission to Conservation Commission Agent. Mr. MacLeod asked that #11 be changed to 24"x48" from 24"x36" so that the entire parcel be shown. Erich Nitzsche asked that condition #11 be reworded to the Special Permit will be recorded and refer to the Land Court Plan to be recorded. Also, refer to this particular plan on file in the Planning Board Office and on file with Conservation. John Simons would like to add to the findings why the Board is approving this Special Permit. The size of the site. The relative minimum impact the Special Permit will have on this site. Page 3: A motion was made by Erich Nitzsche to approve the Special Permit for construction in the Watershed District on Lot 16 Great Pond Road in accordance with the draft conditions as amended under items #10 and #11 and item #1 to reflect that the Special Permit will be recorded in the Registry of Deeds and make reference to the plan filed with the Land Court and the topographic plans on file with the Planning Board and Conservation Commission. John Simons to add footnotes to the findings. The motion was seconded by John Draper And voted unanimously by those present. On January 18, 1990, the Planning Board held a regular meeting in the Town Hall . Selectmen's Meeting Room. The following members were present and voting: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Because the Board did not formally close the public hearing at the previous meeting the issue was brought back for the formal vote. A motion was made by John Simons to close the public hearing. The motion was seconded by Erich Nitzsche and voted unanimous by those present. Sincerely, PLANNING BOARD 2ffz . d �. George erna, Jr. , C airy CC: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer File FREDERICK HORNE IAT 16, GREAT POND ROAD SPECIAL PERMIT FOR CONSTRUCTION WITHIN THE WATERSHED PROTECTION DISTRICT. ZONING BYLAW, SECTION 4.135 FINDINGS OF FACT: The Planning Board makes the following findings regarding this Special Permit as required by section 4.135 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3. The applicant has met the requirements of the Town for a Special Permit as stated in Section 4. 135 of the Zoning Bylaw. 4 . Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. This application for construction within the Watershed Protection District, Section 4.135 of the North Andover Zoning Bylaw, was specifically granted for construction or regrading within 100' of a tributary to Lake Cochichiwick. The Planning board has determined that the proposed structures and subsurface disposal system have been set outside of all buffer zones found within the watershed. The Planning Board finds under Section 4.135 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires minor conditions in order to be completely in compliance with Town Bylaws. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North Essex Registry of Deeds. SPECIAL CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds. Included as part of this decision are the following plans: a. Site Plan and Proposed Subsurface Sewage Disposal System, North Andover, Mass. Dated November 21, 1989 b. "Form All Plan of Land in North Andover, Mass. Drawn by Andover Consultants, Dated December 13, 1989. Being a Subdivision of Lots 9, 10, 11, 12 & 13 Shown on Land Court Plan 16372c 2. The Order of Conditions issued by the North Andover Conservation Commission, Dated 1/18/90, Shall be considered as part of this decision. 3. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 4. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 5. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 6. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7 . No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8. Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 9. Prior to the Building Permit being issued for the structure and again prior to occupancy of the structure, the applicant shall receive a written determination from the Conservation Administrator that all work being done under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. 10. 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. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File REG�.tVhO TOWN OF NORTH ANDOVER pA131F1. LANG MASSACHUSETTS ;gW1 ANDRE Nf}ft'Th ,�h�:O ER PLANNING BOARD 41 APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant Frederic B. Horne, Trustee Address 940 Great Pond Road North Andover° MA 01845 1. Applicationis hereby made (a) For a Special Permit under Section 4.1__36 Paragraph 5.C of the Zoning By—Law. . 2. (a) Premises affected are land X kgs numbered 1116 Great Pond Rqad. (b) Premises affected are property with frontage on the North South EastWest X side of Great Pond Road 9E° and known as _ No. 116 Great Pond Road kc) Premises affected are in Zoning District R1 , and the premises affected have an area of 20 .76 Ac . and frontage of 53 . 67 feet. 3. Ownership:' (a) Name and address of owner (if joint ownership, give all names): Frederic B. Horne, Trustee Date of purchase Nov. 39 1989 Previous Owner Capitol Bank & Trust Co. (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee Other (explain) 4. Size of proposed building: 180 FT . front; 45° feet deep Height: 2 stories; feet. (a) Approximate date of erection Spring 1990 (b) Occupancy or use (of each floor) Residential (c) Type of construction Wood Frame 5. Size of Existing Building: None feet front; feet deep Height: stories feet. (a) Approximate date of erection i tI (b) Occupancy or use (of each floor) , is (c) Type of construction 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? No If so, when 70 Description of purpose for which Special Permit is sought on this petition: The applicant seeks a special permit under section 4.135 to allow the construction of a driveway and underground utility lines within a non-disturbance buffer zone. (over) 8. Deed recorded in the Registry of Deeds in Book Page or Land Court Certificate No. 10794Book 78 - Page 381 . 9. The principal points upon which I base my application are as follows: (must be stated in detail) The applicant has complied in every way possible to meet the intent of the watershed protection district by-law. The sewage disposal system has been placed outside of the non-discharge buffer zone and the dwelling has been sited outside of the non-disturbance buffer zone . Consequently, both are not a subject of this special permit application. The driveway has been designed to provide a minimum amount of grading and the wetland crossing occurs in location c n inue Mow) .I agree to pay rtising i p er and postage fee for mailing legal notice ti inte Petitioner's signature) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to.seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land direotly opposite on any public o ; private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith- standing that the land of any such owner is located in another city or town, the Plan- ning Board of'the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS Brooks School Great Pond Road North Andover, MA 01845 Frederic B. Horne 940 Great Pond Road North Andover, MA 01845 9. (Continued) historically- ,used by vehicles (tractors, etc. ) . Additional wetland vegetation, of a type beneficial to wildlife, will be planted adjacent to the wetland on both sides of the driveway crossing. Siltation control is provided on the plan. Finally, construction of one dwelling on a lot in excess of 20 acres greatly exceeds the minimum. density expectod for this district. ADD ADDITIONAL SIMTS, IF NECESSARY. TOWN CP Narrri{ ANDOVLR IIA;SACENSEns PLWlJ4C DGVM z ==FRO APPLICATlCH rw MDCIAL FIRXIT f IMr-= *#OTICES n15 application au■t be t7 +►r Dritte.n � aw== Applicant Frederic Horne wddrtss 940 Great Pond Road, No.Aj&eyrs, MA 1, Application is hereby wade 01845 (a) For a Special Permit under Section 4.135 2(b) (I) and (b) (II) , Paragraph or the Zoning By-Law. 2, (a) Premises affected are land.X &nd buildings numbered Great Pond Road (b) Premises affected are property with frontage on the North South Fast West X side of ��reat Pond Road Street, and known as Ho. Zo`t 28, GreaF Pond Ro (Formerly Lot 19) (c) Premises affected are 1n Zoning District R-1 (Watershed Protection District) and the premises affeoted have an area of 3.81 Acres and frontage of 230.81 feet. 3. Ownership: (a) Name and address of owner (if point v►mership, give all names): C©chichewick Land Trust Four Date Of purchase April 17, 1990 pzyvious owner Cochichewick Land Trust One (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Leasee Other (explain) 4. Size of proposed building: 60 front; 30 feet deep r ;`Height: 2 stories; 35 feet. (a) Approximate date of erection Summer 1990 4. „(b) Occupancy or use (of each floor) Residential (c) Type of conctruction wood Frame 'S ', Site of Existine Buildings feet front; feet deep Beight: _stories fest. (a) Approximate date of erection • (b) Occupancy or use (of each floor) (c) Type of construction 6. .'Hae there been a previous application for a Special Permit iron tits Plaming Board ' on these premises? No If so, when '?•'' Description of purpose for which Special Permit in sought cm thin petiticn: Construction of a single family with associated appurtenances including an 2n-site• I ' sub-surface disposal system. 4.135 (2) (b) (I) Grading Changes within the non-disturbance --r Buffer Zane. 4.135 (2)'(b) (II) Installation of asub-surface disposal system within the non discharge Buffer Zone. (over) s A" Deed recorded in the Registry of Deed■ in kook Page or Land Court .; . Certificates lio. Book __ pap 9q,'. The principal points ttpoa trbiatt I base q ADDlioation are as follows: (wast be stated in detail) The construction and grading changes are nec ssary for the proper 'installation on the subcs rface disposal system. It is not possible to construct the system outside of the Suffer Zones because of the presence f sreElands .and/or grades:___The_sv tem has been designed to be installed as far away from the resource areas consistent with +' acceptable engineering practice and in conformance with Section 4.135 Paragraph (Q . r , .I„'agree t or a iein6 e r and postage fee for &ailing legal notice arti into pt” Petitioner's siature Fredericrbe,:fZUr1m:,(qXh1et , '"Every app ication for Board shall be made on a form approved by the )&rd. These forms shallby the Clerkupon request. Any communication arportin,g to be an application shall be treated as here notice of intention to seek !lief until such time as it is made on the official application form. All information filled for by the fora shall be fluz:ished by the applicant in the manner tberein ,ascribed, ' . ,Dvery application shall be submitted with a list of "Parties in Interest" which ia11 include the petitioner, abutters, owners of land directly opposite on any public : !private street or way and abutters to the abutters within three hundred (300) feet ',,,t,he property, line all as .they appear on the most recent applicable ta.z list, notwith sanding that the land of any such owner 1s located in another city or town, the Plan Lng:Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST ADDRESS i. : 'Petitioner, Frederic B. Horne 940 Great Pond Road, No. Andover, MA 01845 Cochichewick Land Trust Three William F. & Elizabeth Sullivan 940 Great Pond Road 1027 Great Pond Road North Andover, MA 01845 North Andover, MA Cochichewick Land Trust Two , Mark S. DiSalvo 940 Great Pond Road 1011 Great Pond Road North Andover, MA 01845 North Andover, MA 01845 Cochichewick Land Trust Six Jane L. & Andrew J . Hart 940 Groat Pond Road 1001 Great Pond Road North Andover, MA 01845 North Andover, MA 01845 ' .. Cochichewick Land Trust Seven Joseph & Elaine DeSilets 940 Great Pond Road 27 Cambridge Street. North Andover, MA 01845 Lawrence, MA 01843 `• Frederic B. Horne Great Pond Realty Trust 940 Great Pond Road Gak H. Kleiner, Tr. North Andover , MA 01845 14 Randall Road Ipswich, MA 01938 David M. & Gay S. Tracy 933 Great Pond Road North Andover, MA 01845 Brooks School 1160 Great Pond Road North Andover, IUD GNAL SHEM, IF )I=ESWI- TOWN of Nano A moves t X c SACIIUSLITS PLA"INC ZUUtp Jr APPLICAMN 1M 3PECIAL PEMIT � M . "TICEt This application srust be t Tpewritten A Frederic Horne am Applicant Address X40 Great fond Road, No, Alm 1 Application is hereby made 4 (a) For o Special Permit under Section 4�i35 pL-& 2 W (i) and ( (II) of �e Zoning By-Law. ' 2• ' (a) Promises affected are land_X _and buildings numbered Great Pond Road Street. (b) Premises affected are property with frontage ov the North South East West_ side of Great Pond Road Streato and kno►m as No,- Lot 25 Great Pond Road S#*W% (Formerly Lot 17) (e) Premises affected are in Zonis District R-1 (Watershed Pr tection District) have an area of 3.21 Acres & f and the premoitea affected and frontage of 176.43 feet. '3. Ownership: (a) Name .and address of o►mer (if joint ownership, give all names): Cochichewick Land Trust Two Date of purchase April 17, 1990 previous Owner Cochichewick Land Trust One (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee "her (explain) d.' , .Size of'proposed building: 72 front ; 34 : feet deep liei6ht: 2 stories; 35 feet. (a) Approximate date of erection Summer 1990 (b) Occupancy or use (of each floor) Residential (c) Type Of conctruction Wood Frame Size of Existing Building: feet front; feet deep Beight:.storien feet. (a) Approximate date of erection , ,'(b) Occupancy or use (of each floor) (c) Type of construction 6. Has there been a previous application for a Special Permit from the Plwuiing Board on these premises? No If sol when 7. Description of purpose for which 8psoia.l Permit in sought Cn this petiticn: _ Construction of a single family with associated appurtenances including an on-site sub-surface disposal system 4.135 (2) (b) (I) Grading change within the non--diGtu.rbaneg •r' buffer zone. 4.135 (2)(b) (II) installation of a sub-surface disposal system within the non-discharge_ buffer zone. (over) 8. Deeid recorded in tl Registr7 of Deeds in nook Page__ or Land Court Certificate No. 10907 B"':'_w._ She principal points upon which I base q applioation stated in detail) are u follows: (spat be ' ' Tha ronctruct9on and gradin champ are necessary for the Proper installation on anis-ati,rface aisnosal sv-.; pm It is not possible to construct the system outside of the Buffer Zone," because of the presence of ledge and/or grade. The, system has been designed to be installed as far away from the resource area consistent with acceptable engineering practice and in conformance with Section 4.135 Paragraph 7(c) . acme to p or 7rertisin aper and postage tee for sailing legal `notices ti in ee petitioner's si ature re a ,Every ap ligation for i+on the Board shall be mads on a form approved by the yard." The a forms shall be furnished by the Clerk upon request. Any communication mporting to be an application shall be treated as here notice of intention to seek lief until such time as it is rade on the official application form. All information ,1.1ed for by the form shall be 1lunished by the applicant in the manner therein 1escribed. , 'Every application shall be submitted with a list of "Parties in Interest" which .all Snclude the petitioner, abutters, miners of land directly opposite on any public ,private street or way and abutters to the abutters within three hundred (300) feet "„t,he' propertr line all &@ ,they appear on the most recent applicable tai list, notwith ending that the land of any suoh owner is located in another city or town, the Plan— ng,Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST 1IE ADDRESS i. . Petitioner: Frederic B. Horne, 940 Great Pond Road, No. Andover, 11A 03-845 r Cochichewick Land Trust One 940 Great Pond Road North Andover, MA 01845 Brooks School 1150 Great Pond Road ' North Andover, MA 01845 Cochichewick Land Trust Three 940 Great. Pond Road North Andover, MA 01845 Cochichewick Land Trust Four 940 Great Pond Road North Andover, MA 01845 Frederic B. Horne 940 Great- Pond Road North Andover, MA 01845 i ADD AWITICHAL S1iF=j IF MCESSIRY.