HomeMy WebLinkAboutDecision - 1116 GREAT POND ROAD 1/19/1990 hflflH DO � GG
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Any appeal shall be filed
�SSAcNUS 5E�
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within (20) days after the
date of filing of this Notice
in the Office of the Town NOTICE OF DECISION
Clerk.
Date, , . January. 19,. 1990, . , . . , . . , ,
Date Of Hearing . January 18;.1990
Petition of , _ Frederic.
B..Horne. _ . . , , . , . . , , .
Premises affected , 1116 Great Pond Road.
Referring to the above petition for a special permit from the requirements
of the , North Andover• Zoning,Bylaw• ,•Section.4.135. • • . , . . . • . . • , • • . ' . . . • . • . • • . .
so as to permit . .Ggigt rgctj pA of, p, $Jr y wjay, and, underground,utility.l ins .within
.a .nan.d"tgrkAAcg h.pffex. 7-PPP.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
Conditionally
to $B8-';9Y9. . . . . . . . .the . . . . . . Special. Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
cc: Director of Public Works Signed Ili-togs,91,
Board of Public Works George Perna, Jr. Chairman
Highway Surveyor " " " " " " " " " " " " " " " "
Building Inspector Jobrt Simons, Clerk
Conservation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Health Erich Nitzsche
Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Chief John Draper
Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicant , File
Engineer . . . . . . . I}laciiiitig L'o<tid
Tnt�rc�ctr A Pa rti c.c
NOaTH
OFFICES OF: 2' °m Town Of 120 Moill StIcel
BUILDING T` E North Andover
CONSERVATION 1\1�ISS<achusettS tt 1847,
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HEALTH �ss�C..sE'� DIVISION OF (508)682-6483
PLANNING
PLANNING & COIViMUNI'I'Y DEVELOPAIIJNT
KAREN H.P. NELSON, DIRECTOR
January 19 , 1990
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
. North Andover, MA 01845 Re : Special Permit
Watershed District
1116 Great Pond Road
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
December 21 , 1989 , in the Town Hall , Selectmen ' s Meeting Room, upon
the application of Frederic B. Horne , Trustee , 940 Great Pond Road,
North Andover, MA. , requesting approval of a Special Permit under
Section 4 . 135 of the North Andover Zoning Bylaw. The hearing was
duly advertised in the North Andover Citizen on December 7 and
December 14, 1989 . All parties of interest were properly notified.
The following members were present: George Perna, Chairman, John
Simons, Clerk, Jack Graham and John Draper. Erich Nitzsche was
absent.
The applicant is seeking approval of a Special Permit to
construct a driveway and underground utility lines within the non-
disturbance buffer zone of the Watershed District. The premises
affected is located on the West side of Great Pond Road, known as
1116 Great Pond Road, in a Residential-1 ( R-1 ) Zoning District and
contains 20. 76 acres, more or less, with frontage of 531 . 67 feet.
John Simons read the legal notice to open the public hearing .
Christian Huntress , Town Planner, spoke to the Board on this
application stating it was not necessary for the applicant to
obtain a variance because it was out side of the discharge zone but
in the non-disturbance zone . The parcel contains 21 acres .
Page 2 :
Bill MacLeod told the Board that the reason for appearing
before the Board was that the driveway was in the non-disturbance
zone . The driveway crosses the wetlands . The applicant wants a
concrete driveway to eliminate any pollutants in the lake .
Christian Huntress expressed his interpretation of the
Watershed District Bylaw. He felt that any construction within
this district should be brought before the Board for a Special
Permit.
The Board asked to see a plan showing the cross section of the
wetland crossing.
A site visit will be scheduled for December 30, 1989 .
Mark DiSalvo, an abutter, spoke on the proposed as it relates
to the existing curb-cut and the wetland crossing .
A motion was made by John Simons to continue the public
hearing to January 4 , 1990 and schedule a site visit for December
30, 1989 and direct the Planner, Christian Huntress to draft a
decision for the January 4 , 1990 meeting. The motion was seconded
by John Draper and voted unanimously by those present.
On January 4 , 1990, the Planning Board held a regular meeting
in the Town Hall, Selectmen' s Meeting Room. The following members
were present: George Perna, Jr. , Chairman, John Simons , Clerk,
Erich Nitzsche and John Draper. Jack Graham was absent.
Christian Huntress, Town Planner, had been directed to write a
draft decision for the Special Permit. Copies of that draft were
given to the Board members.
The applicant to receive the Order of Condition from the
Conservation Commission on January 18, 1990 .
After going over the list of conditions from the Planning
Board, Mr. MacLeod asked that #10 be changed from Conservation
Commission to Conservation Commission Agent.
Mr. MacLeod asked that #11 be changed to 24"x_48" from 24"x36 "
so that the entire parcel be shown.
Erich Nitzsche asked that condition #11 be reworded to the
Special Permit will be recorded and refer to the Land Court Plan
to be recorded. Also, refer to this particular plan on file in the
Planning Board Office and on file with Conservation .
John Simons would like to add to the findings why the Board
is approving this Special Permit. The size of the site . The
relative minimum impact the Special Permit will have on this site .
Page 3:
A motion was made by Erich Nitzsche to approve the Special
Permit for construction in the Watershed District on Lot 16 Great
Pond Road in accordance with the draft conditions as amended under
items #10 and #11 and item #1 to reflect that the Special Permit
will be recorded in the Registry of Deeds and make reference to the
plan filed with the Land Court and the topographic plans on file
with the Planning Board and Conservation Commission. John Simons
to add footnotes to the findings. The motion was seconded by John
Draper and voted unanimously by those present.
On January 18, 1990 , the Planning Board held a regular meeting
in the Town Hall . Selectmen' s Meeting Room. The following members
were present and voting: George Perna, Jr. , Chairman, John Simons,
Clerk, Erich Nitzsche and John Draper.
Because the Board did not formally close the public hearing
at the previous meeting the issue was brought back for the formal
vote . A motion was made by John Simons to close the public
hearing . The motion was seconded by Erich Nitzsche and voted
unanimous by those present.
Sincerely,
PLANNING BOARD
Geor g e erna Jr. m
Chairanf
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
FREDERICK HORNE
LOT 16, GREAT POND ROAD
SPECIAL PERMIT FOR CONSTRUCTION WITHIN
THE WATERSHED PROTECTION DISTRICT.
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 Cochichiwick.
The Planning board has determined that the proposed
structures and subsurface disposal system have been set
outside of all buffer zones found within the watershed.
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 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 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:
a. Site Plan and Proposed Subsurface Sewage Disposal
System, North Andover, Mass. Dated November 21, 1989
b. "Form All Plan of Land in North Andover, Mass. Drawn by
Andover Consultants, Dated December 13 , 1989 .
Being a Subdivision of Lots 9 , 10, 11, 12 & 13 Shown
on Land Court Plan 16372c
2 . The Order of Conditions issued by the North Andover
Conservation Commission, Dated 1/18/90, 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 .
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