HomeMy WebLinkAboutDecision - 6 WOODBERRY LANE 4/23/1990 MUM fflfl
TOWN OF NORTH ANllOVEIt Dt;i{tl {_ L 'iG
MASSACHUSETTS TO`^'tlt,l_E'iY�
o� NOR 1„ 9 25
appeal shall be filed
Any apP
within (20) days after the
date of filing of this Notice
In the Office of the Town NOTICE OF DECISION
Clerk.
Date ,April ,23: 1990
Date of llearingApr�X. X9,,1990, , ,
Petition Of . . . Patricia Rennicke. • . . ' � , . • . , , . . . . . . . . • . . • . . . . . . , • , , , '
. . . . . . . .
6
Premises affected , . . . . . . . . . Lane . . . . . . , . .. , • .
Referring to the above petition for a special permit from the recluiremerlts
of the North Andover Zcninq• BXlaws •Section ,4;135. .. Watershed•District
• • • „ • , . . ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit ,the•construction of, an.addition to an existing,structure within
69 feet of a wetland area.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above elate, the Planning Board voted
CONDITIONALLY
to 4-WM i . . . . . . . . .the . .SPECIAL PERMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions
cc: Director of Public Works
Board of Public Works Signed
Highway Surveyor
Building Inspector George Perna,. . r.:.Chairman . , . , .
. . . . . . . . . . . . . .
Board of Health
Conservation Commission John .Simons:. Clerk. . . . . . . . . . . . . . .
Assessors
Police Chief Erich Nitzsche. , . . . . . , .
Fire Chief
Applicant Jack ,Graham
Engineer
File, Interested Parties
OF NORiN 1
OFFICES OF: os: "' �° Town Of 120 Main Street
North Andover
BUILDING NORTH ANDOVER
- Massachusetts 01845
CONSERVATION
HEALTH c"usE`� DIVISION OF (508)68246483
PLANNING
PLANNING & COMMUNITY DEVELOPMENT'
KAREN H.P. NELSON, DIRECTOR
April- 23 , 1990
Mr. Daniel Long
Town Clerk
Town Hall
120 Main Street
North Andover Re : Special Permit
Watershed District,
Patricia Rennicke ,
6 Woodberry Lane
Dear Mr. Long :
The North Andover Planning Board held a public hearing on
April 5 , 1990, upon the application of Patricia Rennicke , 6
Woodberry Lane , North Andover, 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 March
22 and March 29 , 1990 and all parties of interest were properly
notified . The following members were present: George Perna, Jr . ,
Chairman, John Simons, Clerk, Erich Ni.tzsche and John Draper . Jack
Graham was absent.
The applicant is seeking approval of a Special Permit to construct
an addition to the existing structure within 69 feet of a wetland
area. The premises affected is located on the North side of
Woodberry Lane , known as 6 Ydoodber_ ry Lane , in a Residential-3 ( R--3 )
Zoning District and Lake Cochichewick Watershed Overlay District,
containing 40, 602 sq. ft. with frontage of 150 . 6 feet .
For the record John Simons did not. participate in the
discussion for 6 Woodberry Lane as the applicants and the Simons
are friends .
John Draper read the legal notice to open the public hearing .
Mr. Rennicke spoke to the Planning Board on the application
before them. He stated that the Conservation will not monitor the
proposed construction of an addition . Hay Bales will be placed at
the site . The applicant stated that they gill be connecting to the
sewer on Marbleridge Road.
A motion was made by Erich Nitzsche to continue the public
hearing to April 19 , 1990 and direct the Planner to draft
conditions including 1 . ) abandon the septic system and connect with
the sewer on Marbleridge Road; 2 . ) loam and see construction road ;
3 . ) Hay bales will be placed; 4 . ) only if a variance is granted
from the Zoning Board of Appeals ; 5 . ) all debris will be taken care
of around the site . The motion was seconded by John Draper and
voted unanimously by those present, including John Simons .
Page 2 :
On April 19 , 1990 the Planning Board held a regular meeting in
the Town Hall , Selectmen ' s Ifeeting Room. The following members
were present: George Perna, Erich Nitzsche and John Simons . Jack
Graham arrived at 9 : 00 p. m .
John Simons read the notice of decision from the Zoning Board
of Appeals. No variance was required . The addition will be less
than 50% of the existing structure .
Mr. Rennicke had questioned on Condition #3 and Condition #10 .
Those conditions were clarified.
Condition number 5 of Finding of Facts will be clarified by
stating the reason for the Board approving this Special Permit
being the applicants are connecting to a sewer .
A motion was made by Erich Nitzsche that the Planning Board
approve the Special Permit for construction in the Watershed
Protection District under the Zoning Bylaw, Section 4 . 135 for
Patricia Rennicke , 6 Woodberry Lane in accordance with the draft
decision before the Board and amending Finding of Facts #5 to
reinforce that the applicant is eliminating an on-site sanitary
system and tying into the sewer system which is one of the reasons
the Planning Board is approving this application, and within the
same motion make a motion to close the public hearing . The motions
were seconded by John Simons and voted unanimously by those present
including the Chairman.
Those conditions are attached .
Sincerely ,
PLANNING BOARD
George erna, Jr. , airah
attachment
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Assessors
Building Inspector
Conservation Commission
Board of Health
Police Chief
Fire Chief
Applicant
Engineer
File
PATRICIA RENNICKE
6 WOODBURY LANE
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 for.
3 . The applicant has met the requirements of the Town for a
Special Permit as stated in Section 4 . 135 of the Zoning in
g
Bylaw.
4 . Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
5. This application for construction or regrading 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. Specific reasons why the Planning Board
believes that this application has met the requirements under
section 4 . 135 include:
a. The application is only for the construction of an
addition to an existing home. It will not involve any
additional bathrooms, showers or other related uses.
b. The applicant will disengage an existing septic system
on the lot and will tie into the town sewer system. The
net effect of this conversion will be to reduce the
potentially adverse impact on the water supply.
C. The applicant has provided an adequate erosion control
and construction activity plan that will minimize any
potential impacts of the 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 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:
PLAN OF LAND IN NORTH ANDOVER, MA.
OWNED BY PATRICIA Q. RENNICKE
DATED: 3/1/90
PREPARED BY: SCOTT L. GILES R. L.S .
NORTH ANDOVER, MASS.
All plans shall be on 24" x 36" sheets
2 . All Planning Board Order of Conditions, issued herein, are
to be placed upon the recorded Final Plans, ( Cover Sheet )
prior to endorsement and filing with the Registry of Deeds.
3 . A final set of plans shall be drawn with regard to the
conditions contained herein. The Plans shall be submitted
to and approved by the Planning Board prior to endorsement
and filing with the North Essex Registry of Deeds.
4 . The Determination issued by the North Andover Conservation
Commission, Dated 3/29/90, Shall be considered as part of
this decision.
5. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
6. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
7 . All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
8. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
9. No underground fuel storage shall be installed except as
may be allowed by Town Regulations.
10. 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.
11. 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.
12 . This Special Permit is granted with the understanding that
the applicant is tying into the existing -sewer system and
shall disengage the septic system found on site in
accordance with the rules and regulations of the North
Andover Board of Health.
13 . Prior to the issuance of a Building Permit the applicant
shall establish proper hay bales and other sedimentation
protection as required and approved by the North Andover
Conservation Commission.
14 . Construction vehicles shall be limited to the proposed
access road shown on the plan on file with the Planning
Board. Building Materials shall only be stored as shown on
the same plan. Prior to the applicant receiving a
Certificate of occupancy all areas disturbed by
construction activity shall be regraded, loamed and seeded.
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