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Home My WebLink AboutDecision - 75 JOHNSON CIRCLE 3/24/1992 (2) MUM fflfl TOWN OF NORTH ANDOVER MASSACHUSETTS t NORTH �O`�;�.o .t.0 O D Any appeal shall be filed ` 1 within (20) days after the ,SS^CMUSES date of filing of this Notice in the Office of the Town NOTICE OF DECISION Clerk. Date. , , , .March.24,, .1992 Date of Hearing March 10,. 1992. Petition of Michael Zimmerman. , . . . . Premises affected , , ,7.5 Johnson Circle. . . . Referring to the above petition for a special permit from the requirements of the . ,North Andover Zoning. Bylaw .Section . . . 4. 136,. Para 5a6. . . , . . , . so as to permit , ,the .construction, of, a, . ,garage addition within 100:, of,a . . . . . . . . . . . tributary�to the Lake. . . . . . . . . . . . . . . . ake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to .APPRDVE. . . . . . . . .the . . .SP$CIAJ� PJE MST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc: Director of Public Works based upon the following conditions : Board of Public Works Highway Surveyor Building Inspector Conservation Commission Signed Board of Health Assessors Qftalr;4aA . . . . . . . . . Police Chief Fire Chief Si1DR-}!1 . . . . . . . . . . . . . . . . . . . . Applicant Engineer , John,Drager . . . . . . . . . . . . . . . . . . . . File Joseph Mahoney Interested Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard Nardella . . . . . . . .llanning Board . . . . MR. MICHAEL ZIMMERMAN 75 JOHNSON CIRCLE NORTH ANDOVER, MASSACHUSETTS THE WATERSHED PROTECTION DISTRICT. SPECIAL PERMIT FOR CONSTRUCTION WITHIN 100' OF A TRIBUTARY. ZONING BYLAW, SECTION 4.136, PARA 2.B.1. 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 construction or regrading within 100 ' of a tributary to Lake Cochichewick. The applicant has made every effort to minimize the impact of the new construction on the Town's water supply. The Planning Board has herein issued their approval for construction within the Watershed Protection District with the understanding that this dwelling is tied into the existing sewer system, and this addition does not include construction of additional bedrooms or baths. 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 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: 75 Johnson Circle Scale: 1"=20' Dated: 1/19/92 Date Revised: 2/3/92 Prepared By: Marcus Devers, P.E. , on plans Redrawn from As Built Plans dated 12/9/85 By: Amherst Survey, Amherst, N.H. & Bruce Stamski, P.E. , Acton Ma. 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 . No construction shall be allowed closer fifty-eight (58) feet to the edge of wetlands, and no regrading shall be allowed closer than twenty-five (25) feet, as shown on the record plans. 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. 8. Prior to the Building Permit being issued for the structure the following items shall be addressed to the satisfaction of the Planning Board: A. This site shall have received all necessary permits and approvals from the North Andover Board of Health. B. The applicant/owner shall place erosion control measures on site as directed by the Town Planner and Conservation Administrator. C. This Planning Board Order of Conditions shall be recorded at the Northern Essex Registry of Deeds and a copy provided to the Planning Office. D. The applicant/owner shall receive written determination from the Conservation Administrator that all work conducted under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. E. The elevation of the water table shall be determined and provided to the Town Planner. (See Condition #13) 9. Prior to a Certificate of Occupancy being issued for any structure, the following items shall be addressed to the satisfaction of the Planning Board: A. This site shall have received all necessary permits and approvals from the North Andover Board of Health. B. The applicant/owner shall receive written determination from the Conservation Administrator that all work conducted under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. C. The applicant/owner shall submit a certified copy of an As-Built plan which shows all construction, including leach pits and other pertinent site features. This As- Built shall be submitted to the Town Planner for approval and shall be stamped by either a registered land surveyor or practicing engineer. 10. 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. 11. 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. 12. Only pesticides, fertilizers or chemicals which contain low levels of nitrogen shall be used in lawn care or maintenance. 13 . All driveway runoff shall be directed by a pipe system into a leach pit. The leach pit shall be a minimum of 500 gallon concrete pit with a 2411 depth of 1.51' stone around and beneath. The depth of stone which surrounds this leach pit shall be above the watertable. The elevation of the water table and location of the subdrain, tank, catch-basin, drainage and grease trap shall be determined and provided to the Town Planner. 14 . A No-Cut Zone shall exist outside the haybale and siltation control lines as established by the NACC. 15. A bond in the amount of $1, 000. 00 shall be posted with the Planning Board for erosion control. This bond shall be in the form of a passbook with both the applicant and the Town of North Andover named directly. 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