HomeMy WebLinkAboutDecision - 58 COUNTRY CLUB CIRCLE 2/27/2006 NORTH
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2007 FED 28 P'n I 18
ATTEST: PLANNING DEPARTMENT
A True Copy Community Development Division T
1600 Osgood Street
North Andover'Massachusetts,01845
Town On-1, Phone:978-688-9535
Fax:978-688-9542
NOTICE OF DECISION
Any appeal shall be riled E!t,, IL 08 7 8 P�3 12 Ci �24945
within(20) days after the 03-15-200 7 a 0 1 a 29ir
date of filing this notice in
the office of the Town Clerk.
Date: February 27,2006
Date of Hearing: January 2,2007,
February 6,2007
Date of Decision: February 21,2007
Petition of. Donald D. &Debra M.Stanley
58 Country Club Circle
North Andover, MA 01845
Premises Affected: 58 Country Club Circle, North Andover, MA 01845, Map 64, Parcel 150,
within the R-1 zoning district.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Section 4.13 6.3(cii), (1),(2),(5)&(6).
So as to allow: to construct a proposed detached 24'x 36' garage and underground drainage structures
within the Non-Disturbance buffer zone of a wetland of the Watershed Protection District,
After a public hearing given on the above date, and upon a motion by John Simons and 2❑d by Jennifer Kusek
to APPROVE a Watershed Special Permit as amended and based upon the following conditions. Vote was
5-0 unanimous in favor of the application.
On behalf of flee"Nor_th Andd<e-r Planning Board
Richard Nardella, Chairman
John Simons, Vice-Chairman
Alberto Angles
Richard Rowen
Jennifer Kusek
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
58 Country Club Circle
Map 64, Parcel 150
Watershed Special Permit-Construction of 24' x 36' Detached Garage
The public hearing on the above referenced application was opened on January 2, 2007 and closed by the
North Andover Planning Board on February 6, 2007. On February 6, 2007, upon a motion made by John
Simons, and seconded by Jennifer Kusek to GRANT a Watershed Special Permit as amended in order to
construct a 24' x 36' 3-stall detached accessory garage within 120' of a isolated wetland resource area within
the Non-Disturbance Zone of the Watershed Protection District
The proposed 3-stall detached garage and underground drainage structures are located at 58 Country Club
Circle,North Andover, Massachusetts, 01845,Assessors Map 64, Parcel 150 and is located within the Non-
Disturbance and Non-Discharge Zones of the Watershed Protection District under the requirements of
Section 4.136& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Donald D.
and Debra M. Stanley, 58 Country Club Circle, North Andover, MA 01845. The applicant submitted a
complete application, which was noticed on November 7, 2006, and reviewed in accordance with Section
4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9.
The Planning Board voted on the motion by unanimously in favor of the Special Permit. A special
permit issued by the special permit granting authority requires a vote of at least four members of a five-
member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria, are met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
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 this finding on the following facts:
a) The proposed detached 3-stall garage will not require a connection to the Town sewer and water
systems from Country Club Circle;
b) The topography of the site will not be altered substantially. The construction of the garage and
installation of the proposed stormwater management structures will use Best Management and
Engineering Practices and not substantially alter the topography of the site;
c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed
detached 3-stall garage; and
d) The construction of the proposed detached 3-stall garage and drainage structures have been reviewed
by the Town's outside consultant,Town Planner, and Conservation Department and determined that
there will be no degradation to the quality or quantity of water in or entering the isolated vegetated
wetland or Lake Cochichewick.
2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for any
discharge, structure or activity.
xi-FEST:
A True Copy 2 Town Clerk
58 Country Club Circle
Map 64, Parcel 150
Watershed Special Permit-Construction of 24' x 36' Detached Garage
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) 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;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5) 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
SPECIAL CONDITIONS:
1) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of
Appeals granting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw to
allow the construction of 3-stall detached garage (permanent structure) 120' from an isolated wetland
resource-area within the Watershed Protection district's Non-disturbance Buffer Zone.
2) No impervious surfacing shall be used in construction of the driveway expansion. The applicant shall
use pervious pavers (or similar application) for the proposed driveway expansion to the 3-stall
detached garage.
3) 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. This
Watershed Special Permit may only be used in conjunction with the Site Plan Special Permit for these
same premises:
a) The garage will not be connected to Town water or sewer.
b) The garage will not contain an established living area nor will there be any expansion allowed.
c) Roof gutter drains be connected to infiltrators as shown on the plans.
4) Prior to issuance of a building permit:
a) A performance guarantee bond of one thousand dollars ($1,000.00) made out to the Town of North
Andover must be posted to insure that the construction of the garage,erosion control measures,and
performance of any other condition contained herein 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 and Conservation Department.
5) 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 management services and other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The
ATTEST:
A True Copy
3 g y Q.47e'A ,,
Town Clerk
58 Country Club Circle
Map 64, Parcel 150
Watershed Special Permit-Construction of 24' x 36' Detached Garage
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.
6) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8) 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.
9) This special permit was issued on February 6, 2007, however, this Special Permit shall be deemed to
have lapsed after a two (2)year period on February 6, 2009 unless substantial use or construction has
commenced.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Proposed Site Plan
At 58 Country Club Circle in
North Andover, MA
Prepared for: Donald D. &Debra M. Stanley
58 Country Club Circle
North Andover,MA 01845
Prepared by: Atlantic Engineering& Survey Consultants Inc.
97 Tenney Street, Suite 5
Georgetown, MA 01833
Scale: 1"=20'
Date: November 9,2006, Revised 1/4/07
Sheets: 1
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