HomeMy WebLinkAboutPlanning Permit # 5/9/1995Town of North Andover F �kORTH ,
OFFICE OF 3a o 4t,,to 0
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
KENNETH R MAHONY North Andover, Massachusetts 01845 �SSACHU50-
Director (508) 688 -9533
May 9, 1995
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
No. Andover, MA 01845
Re: Special Permit - Watershed Protection District
Bradford Street Walking Trail
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on
Tuesday evening, April 18, 1995 in the Library Conference Room at
the Town Hall Building on the application of C/M Realty Trust
c/o Anne Mohnkern Renshaw, 2910 Military Road, Washington, D.C.
,20015 requesting a special permit under section 4.136 Paragraph 5
(a) (Watershed Protection District) of the North Andover Zoning
Bylaw. The legal notice was properly advertised in the North
Andover Citizen on March 29 and April 5, 1995 and all parties of
interest were duly notified. The following members were present:
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison
Lescarbeau and John Si;nons.
The petitioner was requesting a special permit to allow the
construction of a Walking Trail within the Watershed Protection
District. The premises affected is Assessors Map 62, Parcel 5
located on Bradford Street, in a Residential 1 (R -1) Zoning
District and the Watershed Protection District.
Richard Rowen read the legal notice to open the public
hearing.
Ms. Colwell stated that since work will be done in the buffer zone,
there is a need for a public hearing.
Mr. Gerry Foley of Belanger & Foley presented the plan. Only hand
tools to be used, no equipment. Logs will be put in place to
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BOARD OF APPEALS 688 -9541 BUILDING 688 -9545 CONSERVATION 688 -9530 HEALTH 688 -9540 PLANNING 688 -9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
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define the trails. Drainage structures are not necessary.
The owner wants a walking trail in place before something happens,
such as the land being developed. According to Mr. Foley, there is
some discussion regarding developing the land, but the present
owner does not want to be the developer.
Mr. Brown, abutter, spoke regarding his property abutting the
walking trail. Is concerned over whether or not he would have any
problems in the event he wanted to develop his property.
Mr. Mahoney: doesn't foresee any problems with that.
On a motion bv Mr. Simons, seconded by Mr. Rowen, the public
hearing was closed.
Mr. Mahoney directed staff to draft a decision for the May 16th
meeting.
The Planning Board held a regular meeting on May 16, 1995.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison
Lescarbeau, John Simons and Alberto Angles.
It was decided by the Board that no bond will be required for
this project.
On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the
Planning Board voted unanimously to approve the Special Permit as
amended.
Attached are those conditions.
Sincerely,
North Andover Planning Board
zC'�L�L�� L/ • /C�t/L�'� -lam /,4l"
Richard A. Nardella, Chairman
2
• •
Bradford Street - Walking Trail
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the
application of C/M Realty Trust c/o Anne Mohnkern Renshaw, 2910
Military Rd, Washington, D.C. 20015, dated March 14, 1995,
requesting a Special Permit under Section 4.136 of the North
Andover Zoning Bylaw to allow vegetation removal within the Non -
Disturbance Zone of the Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4.136(7) 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:
A. The walking trail will be created by removing small
plants and trees less than two (2) inches in diameter.
The trail does not require any construction therefore
there will not be any significant degradation of the
quality or quantity of water in or entering Lake
Cochichewick.
B. There is no reasonable alternative location outside the
Non - Disturbance as the purpose of the trail is view the
wetland resource area and enjoy the natural environment
of the site.
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
trail as this is an area of Town designated for
protection by the Open Space Plan. The trail will allow
people to enjoy the natural environment of the site;
B. The use will not adversely affect the neighborhood as the
lot is located in a residential zone and abuts the
Mazurenko Farm preservation area;
C. There will be no nuisance or serious hazard to vehicles
or pedestrians;
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.
2.
• 0.
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: "Proposed Walking Trail ", Bradford Street
North Andover
Prepared for: Anne Mohnkern Renshaw
Prepared by: Belanger & Foley, Inc
17 Wilson Street
Chelmsford, Mass 01824
Scale: 1" = 100'
Dated: March 13, 1995
b. Letter dated March 17, 1995, from I. William Place, P.E. ,
to North Andover Planning Board stating that this project
will not cause any adverse effects on the Watershed
Protection District.
Any changes made to these plans shall be approved by the Town
Planner. Any changes deemed substantial by the Town Planner
will require a public hearing and modification by' the Planning
Board.
Prior to any work on site:
a. No performance guarantee will be required for this
project.
b. All erosion control measures must be in place and
reviewed by the Town Planner.
C. The site shall have received all necessary permits and
approvals from the North Andover Conservation Commission,
and be in compliance with the above permits and
approvals.
3. In no instance shall the applicant's proposed area of
disturbance 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 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.
6. 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 M 4y /9 /90//
CC. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
Walkingtrail.wsp