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HomeMy WebLinkAboutMESSINA DEVELOPMENT Any appeal shall be filed ' , ��` � �•'�'�.� r32. ; within ( '^l C )'s after theti •�:�Ann0+ date of '&inn of L-Ills Notice :,.iaas:•• in the Office of, the Town cH Clerk. TOWN OF NORTH ANDOVER c MASSACHUSETTS i Z -ix 2m 60ARD OF APPEALS -- L r-`- W ,C 0 O:n rJ fT: NOTICE OF DECISION �e fn Date . . .January. 24, ,1992. , , , .. . . Petition No.. . QQ1,-92. . . . . . . . . . . . . Date of Hearing. . ?anuary. A4, .j992 Petition of . Mesaiva. Aev.elopment . . . . . . . . . . ... . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .9. Village.Way: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . .Section .4.136, Paragraph. .2B :of. the .Zoning. Bylaw. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit .construction. of. -single. family. dwelling.within.the. .L00'. .buffer .zone •t.o :a.tributary. in. the :watershed-as. shown.on. plan.dated .1-13-92.. . . . . ... . . . . . . . .. . After a public hearing given on the above date,the Board of Appeals voted to . GRANT . . the variance. . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . Messina. Devel4pment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: The structure will be no closer than 70 feet to the wetlands. Signed -' ' • 9,- Frank Serio, Jr. , Chairman Walter Soule,' 'Clerk. . . . Raymond Vivenzio . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . : . . Ann a O'Connor . . . . . . . . . . . I . . . . . . ..I. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Any appeal sha!l be filed within (20) days after the date of f i'nv of this Notice �in the-Office �of_ the. Towf4 t.Cderk. NUS'' y Z d„ TOWN OF NORTH ANDOVER �,rn MASSACHUSETTS BOARD OF APPEALS'" #�k*ak**'N*�IYilt it�ktF*vkirdr9k*�kk�k***** �.+ Messina Development * Petition #001-92 805 Winter Street North Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on January 14, 1992 upon the application of Robert Messina of Messina Development requesting a variance from the requirement of Section 7, Paragraph 7.3, Table 2 so as to permit relief from side yard setback to construct a single family dwelling OR Section 4.136, Paragraph 2-B, to construct a single family dwelling within the 100' buffer zone to a tributary in the watershed on the premises located at 9 Village Way. The following members were present and voting. Frank Serio, Jr. Chairman, Walter Soule, Clerk, Raymond Vivenzio, and Anna O'Connor. The hearing was advertised in the North Andover Citizen on December31, 1991 and January 8, 1992 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mrs. O'Connor the Board voted, unanimously, to GRANT the variance from Section 4. 136, Paragraph 2-B to construct a single family dwelling within the 100' buffer zone to a tributary in the watershed as shown on plan dated 1-13-92. Specifically, the structure will be no closer than 70 feet to the wetlands. The Board finds that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 24th day of January 1992. BOARD OF APPEALS A Frank Serio, Jr. Chairman Received by Town Clerk: _ S r TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM TuE REQUIREMENTS OF THE ZONING ORDINANCE Applicant "'------Address US —L&Aej—L lV - 1. Application is hereby made: Sc'hopl 7./3 /TA&e 'Z. a) For a variance from t •%he requirements of Section Paragraph j and Table of the Zoning By Laws. ,�g b) For a Special Permit under Section Paragraph of the Zoning By Laws. -- 1 c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Promises affected are land and building(s) numbered Street. b) Promises affected are property with frontage on the North ( ) South ( ) East ( ) went ( ) side of C� Street, and known as No. `------ -- --"-""------,�------ n c) Promises affected are in Zoning District _, and the premises cX1 +�2rn affected have an area of -square feet and frontnge of -x n ---feet. -- --- N r- 3. ownership nr e' '-nCL) _T U Q) Name and address of owner (if joint ownership, give all names): � *;0 Date of purchase ----_`__—Previous Owner _ b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser -Lesee _Other (explain) 4q Size of proposed building: Lront; b feet deep: " Height _^-s torics;_----Leet. a) Approximate date of crection:&Tdco -_S g b) Occupancy or use of tach floor: (j) (anJ`�j�( c) Type of construction: �� -__` ��-- S. Size of existing building- feet feet front; feet dcnp; Height stories; feet. ---- a) Approximate date of erection: -------------- b) Occupancy or use of each floor: c) Typo of construction: G. Has there been a previous appeal, un<lor zoning, on theno premri:eas7 - If so, when? ! 7 ' ' Description of relief sought'on this petition ! GW Sipe- �4 'k�+__Wc��k' CU 9 /Xl—1� fLIf A �i{' {—v` ,.E 0. Deed recorded in the It of Deeds in Uook�� Page Land,Court Cectificate No. --Book Pnge ' . ? The principal points upon which' I base my application are as follows °.,(must be. statad in detail) x• S ( ' % .C///'6"Ce , ' AS. cfr." f i 50 '' a:1L' /A• / r✓el,lAr✓t'y eJ�e� `r '. J��v ,l nfn I iCCi4 { t j(J'h ( .f X Gill _ i�i� o f Sl as F I agree to pay the filing fee, advertising in newspaper, and incidental i expenses'' Signature of Petitlorleer(s ; Every application for action by the Usiard shall be made on a form approved ; by. the Board. ' These forms shall be furnishes( by the Clark upon request. ; Any communication purporting to be an application shall be tronted as more •'' •• jnotice 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 ' Chereinvpreseribed .. Every-application. shall be uubmitted with a list of "Parties In Interest" • iwhich list s.halL includet•he petitioner, abutters, owners of land directly Opposite on any public or private street or way, and abutters to -the abutters ;within: three hundred feet (300' ) of the property line of the petitfoner as they appear , on the most recent applicable tax list, '' r notwithstanding that the land of any such owner is located in another city,.'•.':`; or town, the Planning Board of the city or town,, and the Planning Board of . . every, abuttir<g ,city or town. !Every application shall be submitted with an application charge cost in - <; the amount- of $25.00. In addition, the petitioner shall bd responsible `. .;, !for any and all costs involved in bringing the petition before the Ward...,.. ; r'•)s Such- costs shalL include mailing and publication, but are not necessarily,•''; 5 limited to these. Ever application shall be submitted with a approved y Y PP Plan of land a ,roved b the Board. No petition will be brought before the board unless said Man has _been submitted. Copies of the noard's requirements regarding plans are attachedhereto or are available from the Board of Appeals upon request. ,t LIST OF PAII'fIES IN IN'PEIIEF;'r (, Use n/�K r ,,! s;! r a LIST OF PARTIES OF INTEREST SUBJECT PROPERTY , MAP IPARCEL ILOT INAME ADDRESS ABUTTERS MAP PARCEL LOT NAME ADDRESS v Gq' /7 .M 'i C t ' fir Lig A." 5 pD Y, I / . I I R PLAN OF LAND TO ACCOMPANY PETITION jEach npplicatIoil and 'petition to tn Board nIInII be accompaniod by five (5) copies of the f.ollwviny des crlbecd Linn: i Pile size of the plan shalL be It x 17, drawn to scale, t inch ! equals 40 feet; it shall, have a north point, names of streets, j zoning districts, names and ad•dr.enses of owners of properties within a minimum of 200 font of the subject property, property lines and location of tAlil.rlingS on ;urroundinq proportion. The location of buildings or ue:c of the properLy wllerc a varltrncn is requested and distances from adjacent buildings ind property Lines shalt be verified in the field and shown on the plan. The dimensions of the lot and the peccentarlc of the lot cover...d by the principal and accessory buildings andthe required parking spaces shall be 'shown. Entrances, exits, driveways, etc. that are pertinent to the granting of the variance shall be shown. Al.I proposer] data shall be shown in red. Any topographical feature of the parcel of Land relied upon for a variance, such as ledge, rock peat, or natural condition of water, brook, or river, shall be shown on the engineerinq plan. when a variance is requested to subdivide a parcel. of land, the dimen- sions and ar.en of the surrounling lots may be taken from the (Inert or lotting plan for comnnri'son of tiro size. of the lots In the neighborhood, noted on tine ;elan as such, and marked "approximate" . ? The plan 'shall be signed and bear the seat of a r.egist^_reel surveyor or engineer . Any plans presented with the petition shall. remain a part of the records of: the Briar.,] of AppcaLs. If Living quarters are to be remolr_led, or areas are to be converted into living quarters, in addition to the plot plan, live (5) conic:, of the following described plans shall be furnished: i. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways, halls, doors opening into the 'h•aLls, and r.xit dogs of. each floor or floors where no re- modeling or converting is to be, clone; 3. 'Phe plans and elevations shatl show all existing work. ALL proposed work shalt be shown in roil. The size of rich pl.an shall ,be IL x L7 or L7 x 22; it shall be drawn to scale, 1/4 lnr_lr mqurrls one foot. AIL plans and eLevcrtLons prescntnd with the petition shall rcnwin a part of the records of the noard of Appeals. Por petitions r.eyncsti.nq var. iationjs) from tyre provision:; of Section 7, P. ragrp.-rhs 7. 1 , 7.7., 7.3, and 7.4 and 'l'a'de 2 of tire Zoning By' 1,aw for conveyancc purposes only, a plot plan, crrtifilyd by a registered engineer or lint) nirrvcyor, of the parcel of I;kill With a Structure thereon heinq conveyc•I, will. he acceptable to the hoard of Appnal.s provided: 1. The d'welLing(s ) , structure(s), or buiLding(s) were crnrstructed prior to March 14, 1977. 2. The petition is riot to 0.low construction or alteration to the dwelling(s) , structur.e(s) , or huilding(s) which will re- sult in the need for the issuance of , building permit. 3. The size of the pL, sha1.L be no sinall.er than R I/2 x 11 inches and must show the existing area of the parcel., tire t existing frontage, and the existing sr•tbicks of the_ dwel.linl(s) , structure(s), or bcinq convcycd. 4. Proper ,pace is providcrl on the plot plan for the noarnd's signaturcc, as wall as ;rlequate snnco. for the following information: date of filing, •lite of puhtic hrar. irr'1, nal date of approval . a P�AB�fKO 8080 ,: TOWN OF NORTH ANDOV . MASSACHUSETTS NG f ,.ORTy 1 JAN �l V UO PM C Any appeal shall be filed n within (20) days after the date of filing of this Notice =sACM�SE� in the Office of the Town CIS& NOTICE OF DECISION Date. ,January 31,. 1992 . . . . . Date of Hearing , January, 23, 1992 Petition of ,, MessinaDevelopment . . . . . . . . . . . .. . . . . . . . . . . . . . .. . .. . . . . . . . .. . . . . . . . . Premises affected . . Lot, I Village. . . . . . . . .Way .. . . . . ... . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . . ;north Andoyer. Zoning.BXlaw.� Section 4�1361�Para:2b���Watershed Protection District so as to permit the construction,of.a.sin$le family dwelling.within.the,Lake Cochichewick .. . . .... . . . . .... . . . Watershed Protection District and within 100' of a tributary to Lake Cochichvwick. . . . .. ... . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to BPPRQVF . . . . . . . . .the . r3k9PT4.FM1T. . . . .. . . . . . . . .. .. . .... .. .. .. . ... .. . .. .... based upon the following conditions: Bt: Director of Public Works Highway Surveyor Building Inspector Board of Health Signed ,� 1� . Conservation Commission Assessors George D. Perna, Chairperson Police Chief . . . . . . . . . Fire Chief John Draper Applicant . . . . . . . . . . . . . .. . . . . . . . . . . . Engineer Richard Nardella File . . , Interested Parties Joseph Mahoney . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . .Planning. . Board. . . . . . . . 1 OF e�?TN KAREN Dim-tor H.P.NELSON ? g Town of 120 Main Street, 01845 • - 7» NORTH ANDOVER (508)682-6483 BUILDING `^ ,'0 CONSERVATION DrvisroN of PLANNING PLANNING & COMMUNITY DEVELOPMENT Jan77Ai'Y 31, 1992 Mr. Daniel Long, Town Clerk 120 Main Street North Andover, MA 01845 Re: Lot 1 Village Way Special Permit Watershed Protection District Dear Mr. Long: The North Andover Planning Board held a public hearing on January 9, 1992 in the Town Building Selectmen's Meeting Roomupon the application ofMessina Development,805 Winter Street,North Andover, requesting a Special Permit under Section 4.136,Para 2b of the North Andover Zoning Bylaw. The public hearing was duly advertised in the North Andover Citizen on December 18 and December 24, 1991 and all parties of interest were properly notified. The following members were present George Perna,Chairperson,John Simons,John Draper, Richard Nardella and Richard Rowen. Joseph Mahoney was absent. The petitioner is seeking a special permit for the construction of a single family dwelling with the Lake Coahichewick Watershed Protection District and within 100' of a tributary to Lake Cochichewick. The premise affected is known as Lot 1 Village Way in a Residential-I (R- 1) Zoning District. John Simons excused himself from the meeting. John Draper read the legal notice to open the public hearing. Christian Huntress, Town Planner,stated that the applicant had received approval from the Conservation Commission. In the process of having departments sign off on the Form U, the applicant came to the Planning Office for the Town Planners signature. Mr. Huntress could not sign off because the applicant had not come before the Planning Board for a Special Permit for construction in the Watershed District. Page 2: Messina Development The Planning Boardhas seen the plans before them under a discussion at a previous meeting. After a site visit,the applicant was asked to move the location of the house. The plans reflect that change. George Perna stated that he had given the applicant a list of items that needed to be addressed. 1. Run i off from the driveway. 2. Run i off from the house. Scott Giles, Registered Land Surveyor, stated that he had addressed the items. Mr. Giles further stated that he has moved the house 20 feet toward Dale Street. Mr. Perna asked Mr. Giles to go over the items and how they were addressed. Mr. Giles stated that for the run off for the driveway,construct stone trench,3 ft.wide, 2 ft. deep, with 3/4 to 1112 inch stone. Drainage from the house will go into a 5x8 leaching pit. Dave Maynard spoke to the Board on the trench. George Perna wanted a guarantee that any run-off from the driveway would be collected so that it does not run-off into the wetland. Mr. Peru did not want the word"should". He wanted a guarantee that it would not run-off. Mr. Giles explain to the Board how the catch basin would work. A motion was made by John Draper to close the public hearing. The motion was seconded. by Richard Nardella and voted unanimously by those present. A motign was made by John Draper to direct staff to draft a conditional approval for Lot 1 Village Way, Special Permit, Watershed District, incorporating the discussion issues, easements maintenance for the Town, locus put on the plans and location of the house. The motion was seconded by Richard Rowen. Christian Huntress stated that he will check the entire subdivisions for any special conditions for this lot. Christian Huntress stated that he would provide a letter for the applicant when he goes before the Zoning Board of Appeals. 1 Page 3: Messina Development On January 23, 1992 the Planning Board held a regular meeting. The following members were present andvoting: George Perna,Chairperson,John Draper,Joseph Mahoney andRichardNarde)tla. John Simons andR.ichardRowenwere absent. Karen Nelson,Director of planning and Community Development was present. The Board went over a copy of the draft decision. Karen Nelson,Director of Planning &Community Development,stated that Condition 10 under the fust paragraph should read: a, b,c,d, not B,C,D, & E. Ms. Nelson went on to Condition 17 regarding the bond. Conservation was requiring a$3,000 bond. Normally, the Planning Board requires a$5,000 bond, but because of the lot and the bond requirement from the Conservation Condition 17 states $2,000 for a total of$5,000. This figure is to be checked. George Perna questioned if the driveway was going to be paved,as discussed at the last meeting. A condition will be added stating that the driveway shall be paved with a berm, or pitch the driveway into the catch basin and drain to leach pit. Condition 15 to be worded: "All roof and driveway runoff shall be directed by a pipe system into a leach pit. The leach pit shall be a minimum of 500 gallon concrete pit with 24" depth of 1.5" stone around and beneath." The applicant questioned condition 4, contacting Dig Safe. A motion was made by John Draper to approve the Messina Development, Lot 1 Village Way as drafted and amended. Karen Nelson was asked to check with Christian Huntress on the amount in Condition 17, the wording for Condition 18 on paving the driveway, adding roof and driveway runoff to Condition 15 and checking on the depth as it relates to the water table in Condition 15. The Board voted unanimously to approve. Attached are those conditions voted on by the Planning Board. Sincerely, PLANNING BO Geo�Perna, ft Chairperson Page 4: Messina Development attachment cc: Director of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer File MESSINA DEVELOPMENT LOT 1, VILLAGE WAY NORTH ANDOVER, MASSACHUSETTS THE WATERSHED PROTECTION DISTRICT. SPECIAL PERMIT FOR CONSTRUCTION WITHIN 1001OF A TRIBUTARY. ZONING BYLAW, SECTION 4.136, PARA 2.B.1. FINDINGSIOF FACT: The Planning Board makes the following findings regarding this Special Permit as required by section 4.136 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2. Adegpate 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 4.136 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 4.136 of the North Andover Zoning Bylaw, was specifically granted for construction or regrading within 100' of a tributary to Lake Cochichewick. The applicant has made every effort to minimize the impact of the new construction on the Town's water supply. The Planning Board has herein issued their approval for construction within the Watershed Protection District with the condition that this lot be tied into the existing sewer system. The Planning Board finds under Section 4.136 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 spacial Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filediwith 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: Special Permit and Notice of Intent Plan of Land in North Andover, MA Scale: 1" = 40' Dated: Oct. 18, 1991 - Final Rev. Jan. 8, 1992 Prepared By: Scott L. Giles R.L.S. 50 Deer Meadow Rd. North Andover, MA Any changes made to these plans shall' be approved by the Town Planner. Any changes that the planner may deem as substantial shall require approval by the Planning Board. 2 . No construction shall be allowed closer than seventy (70) feet to the edge of wetlands, and no regarding shall be allowed closer than forty-five (45) feet, as shown on the record plans. 3 . The Order of Conditions approved by the North Andover Conservation Commission, file number 242-561, shall be considered as part of this decision. 4. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 6. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 9 . Prior to the Building Permit being issued for the structure the following items shall be addressed to the satisfaction of the Planning Board: A. All plans for the proposed tie-in to the municipal sewer ' shall be reviewed and approved by the Division of Public Works. B. The applicant/owner shall place erosion control measures on site as directed by the Town Planner and Conservation Administrator. C. This Planning Board Order of Conditions shall be recorded at the Northern Essex Registry of Deeds and a copy provided to the Planning Office. D. The applicant/owner shall receive written determination form the Conservation Administrator that all work conducted under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. E. The elevation of the water table shall be determined and provided to the Town Planner. (See Condition #15) 10. Prior to a Certificate of occupancy being issued for any structures, the following items shall be addressed to the satisfaction of the Planning Board: A. This site shall have received all necessary permits and approvals from the North Andover Board of Health. B. The applicant/owner shall receive written determination form the Conservation Administrator that all work conducted under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. C. Drainage easements and Wetland Restriction easements shall be granted to the Town of North Andover. The applicant/owner shall be responsible for recording these easements with the Northern Essex Registry of Deeds. D. The applicant/owner 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 hall be stamped by either a registered land surveyor or practicing engineer. 11. 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. 12 . The applicant agrees, as a part of this approval, that in no instance shall a septic system be installed on lot 1. The Planning Board has herein issued approval for construction within the Watershed protection District with the understanding that this lot will be tied into the sewer system. 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. All roof and driveway runoff shall be directed by a pipe system into a leach pit. The leach pit shall be a minimum 'I of 500 gallon concrete pit with 24" - 1.5" stone around and beneath. The depth of stone which surrounds this leach pit shall be above the watertable. The elevation of the water table shall be determined and provided to the Town Planner. 16. A No-Cut Zone shall exist outside the haybale and siltation control lines as established by the NACC. 17. A bond in the amount of $2,000. 00 shall be posted with the Planning Board for erosion control. This bond shall be in the form of a passbook with both the applicant and the Town of North Andover named directly. 18. The driveway shall be paved with a berm, pitched toward a catch basin and drained to a leachpit. 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