HomeMy WebLinkAboutPlanning Permit # 5/3/1995 Town of North Andover. 01 No DT era
OFFICE OF 3a y�< ., °Z
COMMUNITY DEVELOPMENT AND SERVICES ° .
146 Main Street
KENNETH R.MAHONY North Andover,Massachusetts 01845 �SSpCHUS''
Director (508) 688-9533
May 3, 1995
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Special Permit - Watershed Protection District
Lot 5 Brentwood Circle
Dear Ms. Bradshaw:
The North Andover Planning Board held a public hearing on
March 21, 1995 in the Senior Center behind the Town Building, upon
the application of John J. Burke, 71 Sutton Hill Road, North
Andover, MA. , requesting a Special Permit under section 4 . 136
(Watershed Protection District) of the North Andover Zoning Bylaw.
The legal notice was properly advertised in the. North Andover
Citizen on February 22 and March 1, 1995 and all parties of
interest were duly notified. The following members were present:
Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman and
Richard Rowen, Clerk. _
The petitioner was requesting a special permit to allow the
construction of a single family dwelling within the Watershed
Protection District, outside the 100 ' wetland buffer zone, but
within 325 ' of a tributary. The premises affected is lot 5
Brentwood Circle.
Due to a lack of a quorum, the Planning Board was unable to
open the public hearing. The public hearing will be opened on
April 4, 1995.
The Planning Board held a regular meeting on April 4, 1995.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison
Lescarbeau and John Simons.
Mr. Rowen read the legal notice to open the public hearing.
Scott Giles presented the plans to the Board.
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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
Ms. Colwell stated that it is a . grandfathered lot, prior to any
zone changes. She recommended favorable action, lot will be on
town sewer, hay bales will be used and work done outside the 100
foot buffer zone.
Mike Kasabuski asked where the lot is located. Scott Giles pointed
it out to him on a map.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the public
hearing was closed.
The Planning Board held a regular meeting on April 18, 1995.
The following members were present: Joseph Mahoney, Vice Chairman,
Richard Rowen, Clerk, Alison Lescarbeau and John Simons.
Joseph Mahoney, Acting Chairman, asked the Board members to
read over the draft decision and have comments ready for the May 1,
1995 meeting.
The Planning Board held a regular meeting on May 1, 1995. The
following members were present: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk and Alison Lescarbeau.
The Planning Board discussed a bond. It was decided that
because it is one lot and all work is to be completed outside of
the 100 ' wetland buffer zone, no bond will be required. On a
motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Planning Board
voted unanimously, to approve the Watershed Special Permit as
amended.
Attached are those conditions.
Sincerely,
North Andover Planning Board
Richard A. Nardella, Chairman
2
Lot 5 Brentwood Circle
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the
application of John J. Burke, 71 Sutton Street, North Andover, MA
01845, dated February 13, 1995, requesting a Special Permit under
Section 4. 136 (4) (a) of the North Andover Zoning Bylaw to allow
surface and sub-surface discharge associated with the construction
of a single family home within the Non-Discharge 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. 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. This finding is
based upon a certification to this effect from a
scientist educated in and possessing extensive experience
in the science of hydrology.
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 stormwater management systems employ
Best Management Practices;
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.
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:
Plan titled: Plan of Land in North Andover, MA
Owned by: Griffen Realty Trust
Scale: 1" = 40 '
Dated: 2/7/95
Prepared by: Scott L. Giles, RPLS
North Andover, MA
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. 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.
3 . Prior to any work on site:
a. All erosion control measures must be in place and
reviewed by the Town Planner. All work on the site will
be monitored by the Planning Department and/or the
Division of Public Works on a regular basis.
b. The site shall have received all necessary permits and
approvals from the North Andover Conservation Commission,
Board of Health, and the Division of Public Works.
Prior to FORM U verification (building permit issuance) :
e►c __+I2s 945
a. All plans for the tie-in to the municipal sewer must be
reviewed and approved by the Division of Public Works.
5. Prior to Planning Board verification of the Certificate of
Occupancy:
a. All subdrains and leach pits must be installed as shown
on the plan.
b. A permanent barrier (stone wall, hedge etc. ) must be
placed along the Limit of Construction as shown on the
plan and reviewed by the Town Planner. The area of
maintained lawn must be limited to those areas outside of
the limit of construction. Those areas within the limit
of construction are to remain in their natural state.
C. 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 submitted to the Planning Board and
included in the file.
d. The structure must contain a residential fire sprinkler
system in conformance with the North Andover Fire
Department.
6. Prior to release of the Performance Bond:
a. The applicant shall submit a certified copy of an as-
built plan which shows all construction, including sewer
lines', leach pits and other pertinent site features.
This as-built shall be submitted to the Town Planner for
approval and shall be stamped by either a Registered
Professional Land Surveyor or Practicing Engineer.
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 IM/.� 1y
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
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