HomeMy WebLinkAboutDecision - 58 COUNTRY CLUB CIRCLE 2/15/2011 `��'
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Community Development and Services Divisioy�'
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North Andover,Massachusetts 01845
NOTICE OF DECISION
WATERSHED SPECIAL PERMIT-MODIFICATION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: February 15,2011
Date of Hearings: January 4,2011,
February 15,2011
Date of Decision: February 15, 2011
Petition of: Donald Stanley,58 Country Club Circle,North Andover,MA 01845
Premises Affected: 55 Country Club Circle,North Andover,Massachusetts,01845,
Assessor's Map 64, Parcel 150 and located in the Residential 1 Watershed
Overlay Protection District.
Referring to the above petition for a Modification to a Watershed Special Permit from the requirements of the
North Andover Zoning Bylaw, Sections 4.136.3.c.ii and 10.3.
So as to allow the build-out of the interior of a detached garage and to connect it to water and sewer
through existing connections between garage and house within the non-disturbance zone of the Watershed
Protection District.
After a Public Hearing on the above date, and upon a motion made by Richard Rowen and a 2nd by Timothy
Seibert, the Planning Board voted to APPROVE the Modification to Special Permit for the Watershed
Protection District, as amended and based upon the following conditions.Vote was unanimous in favor of
the application
Miming Board
John Simons, Chairman
Richard Rowen
Timothy Seibert
Michael Colantoni
Courtney LaVolpicelo
58 Country Club Circle, Map 64,Parcel 150
Modification to Watershed Special Permit—Build-out of interior of detached garage
February 15,2011
The Public Hearing on the above referenced application was opened on January 4,2011 and closed by the
North Andover Planning Board on February 15,2011.
On February 15, upon a motion made by Richard Rowen and seconded by Timothy Seibert to GRANT a
Modification to Watershed Special Permit to build-out the interior of existing detached garage and to
connect it to water and sewer through existing connections between the garage and house and to work
within the 100 foot Non-Disturbance Buffer Zone of the Watershed Protection District under the
requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Modification to Special
Permit was requested by Donald Stanley, 55 Country Club Circle,North Andover, MA 01845 on January
4, 2011. The applicant submitted a complete application, which was noticed and reviewed in accordance
with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The
motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in
Appendix A to this decision.
The Planning Board vote was unanimous. A modification to 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:
On February 27,2006,the Planning Board unanimously voted to grant the Applicant a Watershed
Special Permit to the Applicant,Donald D&Debra M. Stanley pursuant to Section 4.137 of the Town
of North Andover Zoning Bylaws,for the construction of a detached garage with associated
landscaping and stormwater management structures. That decision specifically prohibited the property
owner from establishing living area within the garage and also prohibited any expansion of the
structure.
On December 8,2010,the applicant applied for a modification to the existing Special Permit decision,
in order to establish a living area within the garage,to consist of a recreation room and bath facilities
and to connect the garage to the existing water and sewer system. The decision was based on the
following:
1. The construction plans have been reviewed by Town Staff, including the Town Planner and the staff
has concluded that there will not be significant degradation to the quality or quantity of water in or
entering Lake Cochichewick. The changes to be made are to the interior of the building and will
not have an effect on stormwater runoff. Also,the garage will be tied in to the existing water and
sewer facilities.
2. The garage will contain a recreational room with bathroom facilities and, due to zoning
restrictions, cannot be used as an additional residence.
3. The project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. The existing design includes roof infiltration and wetlands mitigations, as a
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58 Country Club Circle, Map 64,Parcel 150
Modification to Watershed Special Permit—Build-out of interior of detached garage
February 15,2011
result of extensive discussions between the Town and applicant to ensure the continued protection
of Lake Cochichewick and the safety and welfare of the residents of North Andover.
a. Roof gutter drains are connected to infiltrators as shown on the plan.
b. Pervious pavers are to be used for the driveway expansion in front of the garage
4. The existing structure is connected to the Town sewer system.
5. There is no reasonable alternative location outside the General,Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
CONDITIONS
The Planning Board's approval of the Modification to the Watershed Special Permit is conditioned on the
following:
1. The applicant must show all changes on the final as-built plan,which must be provided to the
Planning Department before the bond is released,according to the conditions as stated in the
February 27,2006 Special Permit Decision.
Accordingly,Donald&Debra Stanley may proceed with the proposed renovation project in accordance
with the Site Plans referenced below:
Plan titled: Proposed Site Plan
58 Country Club Circle,North Andover,Mass.
Prepared for: Donald 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: January 4,2007
Sheets: 1
cc: Town Engineer
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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