HomeMy WebLinkAboutWATERSHED SPECIAL PERMIT MUM Mfl
. ,.TOWN OF NORTH ANDOVER
MASSACHUSETTS
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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