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Home My WebLink AboutDecision - 476 GREAT POND ROAD 9/29/1992 hffl ffi 801180 c TOWN OF NORTH ANDOVER MASSACHUSETTS ' - ` ` " E ,�ORTM 1 Any appeal shall be filed 0�°``` Within (20) days after the t date of filing of this Notice 'YS CHUS in the Office of the Town `sue, Clerk. _ NOTICE OF DECISION ' Date. September. 29;. 1992. , , , . . . . . . Date of Hearing , September. 15 . 1992 Petition of Edward & Gayle Nieburger . , , . . . . , . . . . . . . . . . . . . _ . . . Premises affected . . , ,476 Great .Pond .Road . , . . . Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.1362. Paragraphs 2(b), and 5(b)° so as to permit regrading ,and .construction_within .the ,Non disturbance .and .Non-discharge . . . . . . . . . . . . . . . . buffer zones of the Lake Cochichewick Watershed Protection District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to AUI QVJ�S . . . . . . . .the . . .5UQ1 L .0"IT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions : cc: Director of Public Works Building Inspector Health Agent/Administrator Signed Assessors Conservation Administrator ,George Perna,. . , airman . Police Chief Fire Chief John .Simons . . . . . . . . . . . _ Applicant Engineer Joseph Mahoney . . . . . . . . . File Interested Parties John Draper . . . . . . . . . . . . . . . . Richard Nardella planning Board OF NONT/y., KAREN H.P. NELSON o o Town Of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION e$ DIVISION of PLANNING PLANNING & COMMIUNITY DEVELOPMENT September 29, 1992 Mr. Daniel Long, Town Clerk. Town Building 120 Main Street North Andover, MA 01845 Re: 476 Great Pond Road Special Permit Watershed District Dear Mr. Long: The North Andover Planning Bc»rd held a public hearing on September 1.5, 1992, in the Town Building, Selectmen's Meeting Room upon the application of Edward and Gayle Nieburger, 2 Sterling Street,Andover, MA,requesting a Special Permit. The hearing was duly advertised in the Lawrence Eagle Tribune on August 31, 1992 and September 7, 1992 and all parties of interest were properly notified. The following members were present: George Perna, Chairman, John Simons, Clerk,John Draper,Joseph Mahoney, Richard Nardella and Richard Rowen, Associate Member. The petitioner was requesting a Special Permit under Section 4.136,Paragraphs 2(b)and 5(b) of the North Andover Zoning Bylaw. The purpose of the Special Permit is for regrading and construction within the Non-disturbance and Non-discharge buffer zones of the Lake Cochichewick Watershed District. The premise affected is located at 476 Great Pond Road, in a Residential 1 (R-1) Zoning District and within the Watershed Protection District. John Simons read the legal notice to open the public hearing. A letter was read from the D.P.W. and David Zaloga, Agent for Coolidge Construction. Richard Nardella questioned when the sewer would be available in the area.. George Perna stated that there was no contract at the present time. Mr. Perna asked if there was a response for the Board of Health. No response has been received to date. Phil Christiansen, Christian & Sergi, stated that Lot 5 was subdivided. There is a cottage on Lot 6. The applicants would like to renovate that cottage and use the existing septic system for one year. If the sewer does not come up to the property at that time the applicant will tie into the sewer down the road at their cost. 476 Great Pond Road Page 2: Phil Christiansen stated that the Board of Health would not sign off on the Form U. A bond of$5,000 was suggested. Karen H.P. Nelson, Director of Planning & Community Development is to check with D.P.W. on the bonding figure. A draft decision was given to the Board. George Perna stated that if the problems can be resolved between the Board of Health and the applicant, he did not see any problems with the Planning Board. John Simons stated that the Board of Health should review the septic system because of the proximity to the Lake. He would like feedback from the Board of Health. Phil Christiansen stated that the Board of Health would like the Planning Board to make a decision. An easement for the sewer will be put on the plans. A motion was made by Joseph Mahoney to close the public hearing and approve the decision as discussed. The motion was seconded by John Draper and voted unanimously by those present. John Simons would like to review the decision before Filing. Attached are those conditions. Sincerely, Planning Board George Per , Chairman cc: Director of Public Works Building Inspector , Health Agent/Administrator Conservation Administrator Assessors Police Chief Fire Chief Applicant Engineer File. EDWARD AND GAYLE NIEBURGER 476 GREAT POND ROAD LOT 6 SPECIAL PERMIT FOR REGRADING WITHIN THE WATERSHED PROTECTION DISTRICT. ZONING BYLAW, SECTION 4.136 FINDINGS OF FACT: The Planning Board makes the following findings regarding this Special Permit as required by section 4 . 136 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to its 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 . 136 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. 136 of the North Andover Zoning Bylaw, was specifically granted for regrading within the Non-disturbance Zone to Lake Cochichewick. The Planning Board has determined that the regrading and sewer improvements associated with this Special Permit will reduce the potential for contamination to the Town's drinking water supply. The Planning Board finds under Section 4 . 136 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires minor conditions in order to be completely in compliance with Town Bylaws. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: 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: Site Plan of Land in North Andover, Mass. Drawn for: Edward and Gayle Nieburger Drawn By: Christiansen & Sergi 160 Summer Street Haverhill, MA 10830 Dated: August 23 , 1992 Final Revision: 2 . The Order of Conditions issued by the North Andover Conservation Commission, File # 242-620, 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. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6. No underground fuel storage shall be installed except as may be allowed by Town Regulations. �t7. 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. (See letter dated 9/25/92) 8 . The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 9. Any alteration to the approved plans as referenced in condition one (1) shall be submitted to the Planning Board as a modification to this approval. 10.4 The applicant shall be required to tie into the existing sewer system located within Great Pond Road. The existing Municipal Sewer System is located approximately 480 ' Southwest of the property within the Great Pond Road Right of Way. 11. Prior to the issuance of a Building Permit the applicant shall be required to provide or conform to the following: A. The Division of Public Works shall review and approve the 'proposed sewer line tie-in; B. 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. C. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 12 . Prior to a Certificate of Occupancy being issued for the proposed structure the applicant shall provide or complete the following: A.;' Construction of the proposed sewer line connection as reviewed and approved by the Division of Public Works; B. 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. C. All disturbed area shall be regraded and properly stabilized. cc: Director of Public Works Building Inspector Health Agent/Administrator Assessors Conservation Administrator Police Chief Fire Chief Applicant Engineer File