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HomeMy WebLinkAboutCorrespondence - 9 COVENTRY LANE 6/4/1991 P Non KAREN H.P.NELSON 120 Main Street 01845 Director a Town of , NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION BOO" eE DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT June 4 , 1991 Mr. Daniel Long, Town Clerk Town of North Andover 120 Main Street North Andover, MA 01845 Re : Special Permit - Watershed Protection District - Lot 2 Coventry - Torrisi Dear Mr . Long : The North Andover Planning Board held a public hearing on May 16 , 1991 , upon the application of Charles Torrisi, 62 Woodland Street, Lawrence , MA, requesting a Special Permit under Section 4 . 133, Para 3d of the North Andover Zoning Bylaw in effect on December 26 , 1984 . The public hearing was duly advertised in the North Andover Citizen on May 1 and may 8, 1991 and all parties of interest were properly notified . The following members were present : George Perna, Jr. , Chairman, John Simons , Clerk, John Draper and Richard Nardella. Joseph Mahoney abstained from the discussion and voting, as he is listed as a Trustee of Lot 1 , abutting Lot 2 . The purpose of the Special Permit is for the construction of a single family residence with appurtenant construction within 100 ' of a tributary to Lake Cochickewick Watershed Protection District. The premises affected is located on the corner of Dale Street and Coventry Lane , Lot 2A, also known as 9 Coventry Lane , in a Residential-1 (R-1 ) Zoning District and the Watershed Protection District. John Simons read the legal notice to open the public hearing . Christian Huntress, Town Planner, had concerns with regard to the original subdivision approval granted to Coventry Development Corp . which listed Lot 2 (now 2A) as potentially unbuildable due to the amount of wetlands located on the property. Mr. Huntress went on to say that a wetland is located directly behind the property and that the structure is shown on the plans to be 86 feet away from the wetland line . Page 2 : Mr. Huntress also brought to the Boards attention the fact that an existing culvert is shown on the plans within 86 feet of the proposed structure , but that the wetland line does not extend to the culvert as it should if the area has become vegetated with wetland plants . John Simons questioned why the plan did not show the full extent of the lot, and whether the lot had 75% contiguous buildable area . Mr, Donald Stanley was present on behalf of the applicant. Mr Stanley stated that he has already received a Notice of Intent from the Conservation Commission and a Special Permit from the Zoning Board of Appeals . Mr . Stanley was not aware that a Special Permit would be required from the Planning- Board until he approached Christian Huntress for a sign off on the Building Permit. George Perna questioned why the applicant is being held to the 1984 Watershed Protection District Regulations rather than the current regs . Christian Huntress stated that this lot was part of the Coventry Estates Definitive Subdivision approval granted by the Planning Board in 1 ' 984 and as a result the property is grandfathered under all regulations and bylaw for a period of eight ( 8 ) years . George Perna directed staff to ask Town Counsel if the grandfathering would extend to Watershed Regulations . Upon a motion by John Simons , seconded by Richard Nardella, the Board voted to continue the public hearing to the meeting of May 30 , 1991 , and directed staff to contact the applicant and have the following concerns addressed prior to that hearing : 1 . A Form A Plan (ANR ) that shows the extent of Lot 2A . 2 . Review the existing culvert with the Conservation Commission to determine whether a vegetative connection has been made to the wetland . 3 . Have the applicant' s engineer certify the CBA and total upland on the property. 4 . Review grandfathering with Town Counsel . On May 30, 1991 the Planning Board continue the public hearing on Lot 2A Coventry Lane . Christian Huntress , Town Planner reviewed the previous concerns which the Board had asked to be addressed. They were as follows : 1 . A Form A Plan that shows the extent of Lot 2a. An Approval Not Required application was submitted and approved by the Board in 1988 . This plan was presented to the Board , on May 30, 1991 and shows the extent of Lot 2A. Page 3 : 2 . Review the existing culvert with the Conservation Commissioner to determine whether a vegetative connection has been made to the wetland , Mr . Huntress walked the site twice prior to the May 30th meeting . The Conservation commissioner was present on both walks and - it appears that the culvert is used very infrequently if at all and that no vegetative connection was apparent at this time . 3 . Have the applicant ' s engineer certify the CBA and total upland on the property. The applicant ' s engineer, Paul Harchionda, certifiet tnv- the total CBA for the property is 67% and that the .total upland on site is 78A . Chris Huntress explained that the lot would not be jold to the 751 CBA requirements because the lot i Z grandfathered under 1934 regulations which did not require 75% contiguous upland , 4 . Review grandfathering with Town Counsel . Town Counsel has stated that a Definitive Subdivisic:1 approval grandfathers the property to the regulations in effect at the time of approval for a period of eight 12 ) years . This grandfathering Would also include t A Watershed Protection District. Christian Huntress presented the Board with a draft decision and reviewed the four concerns that the Board raised. John Simonf. expressed his concerns with regard. to (construction within the watershed Protection District . He further asked that a condition be added to address roof drainage and that the buffer/no cut zone he enlarged on this property . Attorney Domenic Scalise was present on behalf of the applicant and spoke briefly on the past history of the property and other Special Permits that have been approved by the Planning Board . George Perna asked that the applicant review t plans with staff to determine the best location for an enlarged no-cut zone and proposed leacnpit to handle the roof and driveway run-off . A motion was made by John Draper to close the public heafing and to grant the Special Permit with =he conditions as draft at and ded . Further, direr r e staff to set a location tc cne ame proposed Jeachpit and a no cut butter larger than presentiv show,'I on the plans . The motion aas Seconweo, by Richard Nar de_la an-C', voted by four in the affirmative with Joseph Mahoney anstaining . Page q : Attached are those conditions the Board placed an the Special Permit . Sincerely, PLANNING BOARD iw4k- 'Veorge ,ferna, jr . Chairman CC : Director of Public Works 3cafcll of public Works Highway Surveyor Building inspector Conservation Commission Board of Health Assessors Police Chief Fire Chief Applicant Engineer File MR. CHARLES TORRISI LOT 2A DALE STREET NORTH ANDOVER, MASSACHUSETTS SPECIAL PERMIT FOR CONSTRUCTION WITHIN THE WATERSHED PROTECTION DISTRICT. 1984 NORTH ANDOVER ZONING BYLAW, SECTION 4.135 FINDINGS OF FACT: The Planning Board makes the following findings regarding this Special Permit as required by section 4. 135 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it 's location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has been provided. 3 . The applicant has met the requirements of the Town for a Special Permit as stated in Section 4 . 135 of the Zoning Bylaw. 4 . Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. This application for construction within the Watershed Protection District, Section 4 . 135 of the North Andover Zoning Bylaw, was specifically granted for construction or regrading within 100 ' of a tributary to Lake Cochichewick. The Planning Board has herein issued their approval for construction within the Watershed Protection District with the condition that this lot be tied into the existing sewer system. The applicant has made every effort to minimize the impact of the new construction on the Town's water supply. The Planning Board finds under Section 4. 135 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires conditions in order to be completely in compliance. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North Essex Registry of Deeds. SPECIAL CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds. Included as part of this decision are the following plans: Plans entitled: PROPOSED GRADING PLAN IN NORTH ANDOVER, MA Plans prepared for: DON STANLEY Plan prepared by: MARCHIONDA & ASSOCIATES 80 MAPLE STREET STONEHAM, MASS. 02180 Dated: 1/18/90, REVISED 2/14/90 Any changes made to these plans shall be approved by the Town Planner. Any changes that the planner may deem as substantial shall require approval by the Planning Board. 2 . The Order of Conditions approved by the North Andover Conservation Commission on 2/20/90 shall be considered as part of this decision. 3 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 4 . Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 5. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 6. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7 . No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8 . Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 9 . Prior to the Building Permit being issued for the structure and again prior to occupancy of the structure, the applicant shall receive a written determination from the Conservation Administrator that all work being done under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. 10. 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. 11. The applicant agrees, as a part of this conditional approval, that in no instance shall a septic system be installed on lot 2A. The Planning Board has herein issued their approval for construction within the Watershed Protection District with the understanding that this lot will be tied into the sewer system. 12 . In no instance shall the Applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced above in condition #1 of this approval. 13 . No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be presented to the Planning Board and included in the file. 14 . Any Residential dwelling found on lot 2A shall be guttered and drained by a pipe system into a leach pit. The leach pit shall be a minimum of 1000 gallon concrete pit with 2411 depth of 1. 511 stone around and beneath. Any runoff associated with the proposed driveway access shall be either directed toward the street or contained to the leach pit. The leachpit shall be located behind the proposed structure along the 2021 elevation 15. Prior to the Applicant receiving a Certificate of Occupancy, Drainage easements and wetland restriction easements shall be granted to the Town of North Andover. The easements shall be recorded with the Essex North Registry of Deeds. 16. Prior to receiving a Certificate of Occupancy the applicant shall submit a certified copy of an As-Built plan which shows all construction including, sewer lines, leach pits and other pertinent site features. This As-Built shall be submitted to the Town Planner for approval and shall be stamped by both a certified land surveyor and practicing engineer. 17. As shown on the plans referenced in condition number one (1) of this approval all work shall remain at least eighty six (86) feet off the wetland delineation line. 18.. A No-Cut line shall be established Fifty Five (55) feet from the edge of the wetland as shown on the approved plans. This No-Cut buffer shall be marked in the field with a haybale line prior to t-be issuance of a building permit. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File