HomeMy WebLinkAboutDecision - 173 COACHMANS LANE 3/10/2000 Town of North .Andover pORTN q
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OFFICE OF ( 0
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27 Charles Street NORTIA ANDO' °roA
North Andover, Massachusetts 01845 SSgc,HUS���y
WILLIAM J. SCOTT
Director
(978)688-9531 Fax (978)688-9542
NO'T'ICE OF DECISION
Any appeal shall be filled
within (20) days after the
date of ding this Notice
in the Office of the Town
Clerk,
Date: March 10, 2000
Date of Hearing: March 7, 2000
Petition oh Richard & Peggy Issenberg
Premises affected: 173 Coachman's Lane
Referring to the above petition for a special permit from the requirements of the:
North Andover Zoning Bylaw Section 4.136
so as to allow: the construction of a 265 SF addition, patio and minor landscaping in the
Watershed Protection District.
After a public hearing given on the above date, the Planning Board voted
To: APPROVE the: Watershed Special Permit
based upon the following'conditions (attached):
Signed
CC: Director of Public Works Alison M. Lescarbeau,Chairman
Building Inspector
Natural Resource/Land Use Planner John Simons,Vice Chairman
Health Sanitarian
Assessors Alberto Angles,Clerk
Police Chief
Fire Chief Richard S. Rowen
Applicant
Engineer Richard Nardella
Towns Outside Consultant
File Planning Board
Interested Parties
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
173 Coachman's Lane
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Richard&Peggy Issenberg,
173 Coachman's Lane, North Andover, MA 01845, dated February 2, 2000, requesting a Special Permit
under Section 4.136 of the Zoning Bylaw to allow the construction of a 265' square foot addition and a patio
and minor landscaping that would affect an additional 937 square feet in a previously disturbed area within the
Non-Disturbance 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:
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 project is located on town sewer;
b) The area where the addition is proposed is an area that was previously disturbed for house
construction and sewer line installation.
c) Construction of the addition will result in no alteration to vegetation;
d) The creation of a subsurface drainage discharge that will be able to accommodate the runoff from the
100-year storm, supplemented by appropriate erosion and sedimentation controls has mitigated any
increase in stormwater runoff.
2) That there is no reasonable alternative location outside the Non-Disturbance Zone for any discharge,
structure or activity, associated with the proposed project because a proposal on the western side of the
property would require the removal of mature trees and ledge, as well as there is no means of egress from
the three sets of existing sliders, and could result in a failure to comply with zoning setbacks.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planting 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:
Plan titled: Permit Site Plan
Location: 173 Coachman's Lane,North Andover,MA
Owned by: Richard&Peggy Issenberg
Scale: 1"=20'
Date: 1/28/00,revised 2/17/2000
Prepared by: Hancock Engineering Associates
235 Newbury Street
Danvers,MA 01923
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 any work on site:
a) A performance guarantee of one thousand ($1000) dollars in the form of a check made out 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) Erosion control measures as required must be in place and reviewed by the Town Planner..
c) 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 release of the Performance Bond:
a) The applicant shall submit an as-built plan that shows all construction, including sewer lines, storm
water mitigation trenches and other pertinent site features as shown on the approved plan. 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) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) 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.
8) This permit shall be deemed to have lapsed alter a two- (2) year period from the date a 1i i 1.2CCron
which the Special Permit was granted unless substantial use or construction has commenced
cc. Director of Public Works
Applicant