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HomeMy WebLinkAboutPlanning Permit # 1/26/1983 MUM Mfl . ,.TOWN OF NORTH ANDOVER MASSACHUSETTS /CR /'fir A p I 1 do ' f HORTF AH 88 H p ,SSACHUSES January 26 , 1983 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass . 01845 Re : Bear Hill Subdivision - Lots 2 through 6 Zachary Realty Corporation - Special Permit - Watershed Dear Mr. Long: The North Andover Planning Board held a public hearing on Monday evening, January 3 , 1983 in the Town Office Meeting Room upon the application of Zachary Realty Corporation. The hearing was ad- vertised in the North Andover Citizen on December 16 and 23, 1982 and all abutters were notified by certified mail. The following members were present: Michael P. Roberts , Vice Chairman; Walter McDonough, Clerk; Erich W. Nitzsche; and John J. Burke . The petitioner seeks a Special Permit under Section 4 . 133 of the Zoning By Law so as to permit the construction of a storm water detention pond located within 100 feet of a wetland tributary to Lake Cochichewick on the premises located on the East side of Bear Hill Road and known as Lots 2 , 3 , 4 , 5 , and 6 Bear Hill Road. This project is also regulated by the North Andover Conservation Commission under D.E .Q.E . File No. 242-158. The applicant testified, through his engineer, that the houses are not yet sited and that they will be on municipal sewer and that the granting of said Special Permit will in no way derogate from the intent and purpose of the North Andover Zoning By Law. The site affected is located in the R-2 zoning district, possessing an area of 175 ,000 + square feet, with 600 + feet of frontage . The proposed detention pond construction will allow for the development of adjoining up-flow properties , while regulating the rate of storm water run-off to have no increase in flooding potential. The following members were present and voting at the meeting of January 17 , 1983 when the Board rendered their decision : Paul A. Hedstrom, Esq. , Chairman ; Michael P. Roberts , Vice Chairman; Erich Nitzsche; and John J. Burke. I(C I'.r7 t C Bear Hill Subdivision Zachary Realty Corp. Special Permit - Watershed NOF 11, .'!EVER January 26 , 1983 MAR 59 AM r83 Page 2 Upon a motion made by Mr. Roberts and. seconded by Mr . Burke , the Board voted unanimously to grant the Special Permit, subject to the following conditions : 1. Only the proposed work shown on a plan entitled "Proposed construction of detention pond, Bear Hill , located in North Andover, Mass. " by Kaminski , Gelinas and Associates , Inc. , dated November 24 , 1982 , is allowed under this Special Permit for construction of a storm water detention pond. 2 . Following the completion of the proposed work, an "As Built" topographic plan shall be submitted to the Planning Board delineating all features constructed on Lots 2 , 3 , 4 , 5 , and 6 . 3. Erosion and sedimentation control measures as required by the North Andover Conservation Commission shall remain in place until the vegetation has been thoroughly established for at least one full year from the date of construction or when a Certificate of Compliance has been issued by the Conservation Commission, whichever is sooner. 4. If any unf orseen problems and/or erosion occurs during con- struction, the Planning Board will be notified so that corrective measures can be implemented immediately , thereby fulfilling the intent of the Watershed District protection by-law, Section 4. 133 . 5. No work shall begin until the record owner (s) of the subject land forthwith execute and record a "covenant running with the land" , or otherwise provide security for the construction of ways and the installation of municipal services within said subdivision, all as provided by M.G. L. Chapter 41, Section 81-U . 6 . Lots 2 through 6 of said subdivision shall not be released from either covenant or security agreement until all work has been properly executed and stabilized. 7. A no cut buffer zone shall exist 25 feet horizontally from the edge of all tributaries in the Watershed, according to Section 4. 133 , Par. 3 (c) , unless conditioned upon the granting of a variance from the North Andover Board of Appeals . In granting the Special Permit, the Planning Board finds , pursuant to Section 10 . 31 of the Zoning By Law that: a) The specific site is an appropriate location for such a use; b) The use as developed will not adversely affect the neighborhood; REci'- +fr(� DANIL:- _I_,r;c Bear Hill Subdivision Zachary Realty Corp . Special Permit - Watershed January 26 , 1993 MAR �� � 183 Page 3 C) There will be no nuisance or serious hazard to vehicles or pedestrians ; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use ; and e) The use is in harmony with the general purpose and intent of the Zoning By Law. Sincerely, PLFNNING BOARD Paul A. Hedstrom, Esq . , Chairman PAH/jw cc Applicant Building Inspector Board of Health Highway Surveyor !Board of Public Works Conservation Commission DEQE Parties in Interest Project Engineer