HomeMy WebLinkAboutDecision - 31 GLENORE CIRCLE 12/17/2002 Town of North Andover RTf,f
Office of the Planning Department
Community Development and Services Division
27 Cluirles SLreet
Nortli Andover, Massachusetts(1-1-845
Katliy McKenna Telephone(978)688-9535
Planning Director Fax (978)688-9542
Notice Of Decision
C
Any appeal shall be filed
Within (20) days after the
Date of filing this Notice >
In the Office of the Town
Clerk 4:7
Date: December 17, 2002
Date of Hearing: December 3, 2002
Petition of North Andover Realty Corporation, 100 Johnnycake Street,North Andover MA
Premises Affected: 31 Glenore Circle,North Andover, MA 01845
Referring to the above petition for a Watershed Special Permit, the application was
noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover
Zoning Bylaw and M.G.L. c.40A, see. 9.
So as to allow: Construction of 1,460 s.£ of paved driveway and grading within the Non-
Disturbance Zone of the Watershed Protection District.
After public hearings given on the above date, the Planning Board voted to APPROVE the
Watershed Special Permit, based upon the following conditions:
9"Signed: )
John Simons, Chairman
Cc: Applicant Richard Nardella, Clerk
Engineer Felipe Schwarz
Abutters George White
DPW
Building Department
Conservation Department
Health Department
ZBA
BOARD OFAPPEALS688-954) IWIL DING 688-9545 CONSERVAT ION 688-9530 HEAL I-1 688-9540 PLANNING 688-9535
31 Glenore Circle/Lot 7 Berrington Place
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of North
Andover Realty Corporation, 100 Johnnycake Street, North Andover, MA, 01845,
submitted on October 31, 2002, requesting a Special Permit under Section 4.136 of the
Zoning By-Law to allow the construction of 1,460 square feet of paved driveway and
grading within the Non-Disturbance Zone of the Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4.133 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:
1. 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 the
following facts:
a) The proposed structure will use the Town sewer system.
b) A deed restriction will be placed limiting the types of fertilizers that can be used
on the site.
c) The topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary.
e) Certification has been provided by a registered professional engineer that the
new structure will not have an effect on the quality or quantity of runoff entering
the watershed protection district.
f) The construction plan has been reviewed by the town's outside engineering
consultant, VHB, and with the application of the erosion control, and use of
organic low nitrogen fertilizers, there will be no degradation to the quality or
quantity of water in or entering Lake Cochichewick.
2. There is no reasonable appropriate alternative location outside the Non-Disturbance
Zone for any discharge, structure or activity, associated with the proposed project.
The design is intended to make use of the existing, cleared pasture area and preserve
an existing portion of woodland on the north portion of the lot.
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
storm water 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.
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: Proposed Site Plan for Lot 7 Berrington Place
North Andover,MA
Prepared by: Christiansen&Sergi
160 Summer Street
Haverhill,MA 01830
Scale: 1"=40'
Date: October 25,2002 last revised December 2,2002
b) The Town Planner shall approve any changes made to these plans. Any changes
deemed substantial by the Town Planner would require a public hearing and
modification by the Planning Board.
2) Prior to issuance of a building permit:
a) A performance guarantee of one thousand ($1000) dollars in a form acceptable to
the Town of North Andover must be posted to insure that construction will take
place in accordance with the plans and the conditions of this decision and to ensure
that the as-built plans will be submitted.
b) All erosion control measures as shown on the plan must be in place and reviewed by
the Town Planner.
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 Town Planner and included in the file.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional
Engineer in Massachusetts that shows all construction, including storm water
mitigation trenches and other pertinent site features. This as-built plan shall be
submitted to the Town Planner for approval. The applicant must submit a
certification from the design engineer that the site was constructed as shown on the
approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
4) 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.
5) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
6) 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.
7) This permit shall be deemed to have lapsed after a two- (2) year period from the date on
which the Special Permit was granted, or December 17, 2004 unless substantial use or
construction has commenced.
cc. Applicant
Engineer
File