HomeMy WebLinkAboutDecision - 25 BRENTWOOD CIRCLE 9/11/1995 1I:d3
. _ ._ PUA�hIKG BGABG JDYCEEE,Ltil!�w
TOWN (•
T p W N O F NORTH A N D O V E ERTH t lkDO''ER
Any appeal shall be file(]
MASSACHUSETTS
within (20) days after the SEP I l �3
TM
date o f f iling of this Notice O?01 ,.OR
` ..
R ,•,y�.
in the Office of the Town a ATST=
A
Clerk. � y.-
• ''IiS 3.4 U+t, f/ lil.`11�n 1.1C1.1L
site lli
NOTICE OF DECISION
T:is is 1Q cedif11#%t twenty(20)days
L:.v� Date. September. . . .. . . . . . .
19 4.S August 15,• 1995
,toyce A.Bradshaw Date of Hearing_ Seetember•5 r .1995
T...�Cleat
Louise1. Burke. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petition of
Lot 2A Brentwood Circle
Premises affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
b 6 (c) (Watershed
Bylaw section 4.136 (3) ( )
North Andover Zoning y . . . . . . . .
ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Protection District) . home within the
so as to iK ?LjjQw• Xrle. con$txuczion. of. a. single. family. . . . . . . . . . . . ... . . . . . . .
Non-dis�l,��g�.7�4pg.4f. the.Ftdtershed.Protection.District. . • • • • • • • • • • • • • • " " " '
after a public hearing given on the above date, the Planning Board voted
CONDITIONALLY Watershed Special Permit
to APPRUV>r. . . . . . . . .tlle . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions
CC: Directur of Public Works
Building inspectur
Natural Resource/Land Use Planner
Health sanitarian Signed
Assessors Joseph. V.•Mahoney. Chairman. • , ,
Police Chief
Fire Chief Richard Rowen: Vice. Chairman
Applicant . . . . . . . . . . ... . . . . . . .
Engineer Alison Lescarbeaul. Clerk• . . . .. . .
File . .
interested Parties
J
Mr. Rowen stated that we should stick to the bylaw.
General discussion that the water should be filtered, therefore,
the driveway should pitch towards the lawn.
Ms. Colwell stated that she will document in the special permit why
the Board deviated from the bylaw in this case.
On a motion by Mr. Nardella, seconded by Mr. Simons, the Board
voted unanimously to close the public hearing and direct staff to
render a decision.
The Planning Board held a regular meeting on September 5, 1995.
The following members were present: Joseph Mahoney, Chairman,
Richard Rowen, Vice Chairman, Alberto Angles, Associate Member,
John Simons and Richard Nardella. Kathleen Bradley Colwell, Town.
Planner, was also present. .
Discussion that the limit of lawn will be at a line 50 feet from
the house or 75 feet from the wetland, whichever creates the
largest lawn area. The area between 25 feet from the wetland and
the limit of lawn may be landscaped with a landscape plan approved
by the Planning and Conservation staff.
On a motion by Mr. Simons, seconded by Mr. Nardella, the watershed
special permit was approved as amended.
Attached are those conditions.
Sincerely,
North Andover Planning Board
io'seph V. Mahoney, Chairman
• • 1�
o .
Lot 2A Brentwood Circle
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the
application of Louise I. Borke, 691 Great Pond Road, North Andover,
MA 01845 dated July 25, 1995, requesting a Special Permit under
Section 4 . 136 (3) (b) and (c) of the North Andover Zoning Bylaw to
allow grading, vegetation removal, surface and subsurface discharge
of stormwater within the Non-Disturbance Zone and surface and
subsurface discharge of stormwater in Non-Discharge Zone of the
Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4. 136 (4) the Planning Board makes the finding
that the intent of the Bylaw, as well as its specific criteria, are
met. Specifically the Planning Board finds:
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 findings on a report submitted by
Wetlands & Environmental Testing, Inc stating that the
project will have minimal impact on the quality of water
entering the Lake. Export of nutrients will likely be
controlled through use of drywells, and uptake by natural
buffers and other features at the site. The house will
be connected to the municipal sewer system.
B. that there is no reasonable alternative location outside
the Non-Disturbance or Non-Discharge Zones for any
discharge or activity associated with the proposed
construction as the entire lot is located within the Non-
Discharge Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw,
the Planning Board makes the following findings:
A. The specific site is an appropriate location for the
proposed use as all feasible stormwater and erosion
controls have been placed on the site;
B. The use will not adversely affect the neighborhood as the
lot is located in a residential zone;
C. There will be no nuisance or serious hazard to vehicles
or pedestrians;
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.
j4r •
Upon reaching the above findings, the Planning Board approves this
Special Permit based upon the following conditions:
SPECIAL CONDITIONS:
1. This decision must be filed with the North Essex 'Registry of
Deeds. The following information is included as part of this
decision:
a. Plan titled: Special Permit Plan Located in North
Andover, MA
Owner: Compass Realty Trust
Applicant: Louise I. Borke
Scale: 1" = 40 '
Date: July 20, 1995; rev. August 14, 1995
Prepared by: Christiansen & Sergi
160 Summer Street
Haverhill, MA 01830
b. Letter Report from David S. Pickart, Senior Project
Manager, Wetlands & Environmental Testing , Inc. , 10
Central Street, Framingham, MA 01710. Dated July 20,
1995.
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.
2 . Prior- to any work on site:
The plan must be revised to show a limit of lawn fifty
feet from the edge of the proposed home or seventy-five
feet from the edge of the wetland, whichever calculation
creates the largest lawn area. The haybale line must
then be revised to parallel this line.
}� The plan must be revised to slope the driveway towards to
V the lawn and away from the roadway. The Planning Board
recognizes that this is a deviation from the requirement
of, the bylaw that all stormwater be directed outside of
the non-disturbance and non-discharge zone if possible.
However, if the driveway were sloped towards the road,
the stormwater would enter a catch basin that empties
directly into the wetland at the rear of the property.
By directing the stormwater away from the road -towards
the wetland, the stormwater will be filtered by the lawn
area and the natural buffer zone prior to entering the
wetland.
c. A performance guarantee of two thousand ($2, 000) dollars
in the form of a check made out to the Town of North
2
• • �.
+ t .
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.
All erosion control measures must be in place and
reviewed by the Town Planner.
e The site shall have received all necessary permits and
approvals from the North Andover Conservation Commission,
Board of Health, and the Department of Public Works and
be in compliance with the above permits and approvals.
3 . Prior to FORM U verification (building permit issuance) :
a The Town Planner must review the lot site plan including
the exact house location and the exact limit of
eO(; landscaping. A permanent barrier (stone wall, hedge
� � etc. ) must be placed along the agreed upon limit of lawn
prior to occupancy.
�^ b All plans for the tie-in to the municipal sewer must be
reviewed and approved by the Division of Public Works.
4. Prior to verification of a Certificate of Occupancy:
All roof drains and dry wells must be in place as shown
V� on the plan.
b. No pesticides, fertilizers, or chemicals shall be used in
lawn care or maintenance.
The permanent barrier that is approved for the site in
VV Condition 3 (a) must be in place and reviewed by the Town
Planner.
d. The deed must contain language restricting the area of
maintained lawn to those areas agreed upon in Condition
2 (a) .
The area between twenty-five feet from the edge of the
wetland and the limit of lawn as shown on the plan may be
landscaped upon approval of the Town Planner and the
Conservation Administrator but must not become maintained
lawn. The area twenty-five feet from the edge of the
wetland must remain in its natural state.
The structure must contain a residential fire sprinkler
system in conformance with the North Andover Fire
Department.
5. Prior to release of the Performance Bond:
3
The applicant shall submit 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 shall be
stamped by either a Registered Professional Land Surveyor
or Practicing Engineer.
b. The Planning Board must by a majority vote make a finding
C� that the site is in conformance with the approved plan
and that any unforeseen circumstances have been
adequately addressed.
6. In no instance shall the applicant's proposed construction be
allowed to further impact the site than as proposed on the
plan referenced in Condition # 1.
7. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
8. The Contractor shall contact Dig Safe at least 72 hours prior
to commencing excavation.
9. 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.
10. 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 September- 11, 1997.
CC. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
Lot2brentwood.wsp
4