Loading...
HomeMy WebLinkAboutDecision - 52 SUTTON HILL ROAD 3/8/1996 JOYCE BNNGNAW TOWN Cl.�AK NORTH ANDOVER Any appeal shall be filep p W N OF N O R T H A N D O V E R L MASSACHUSETTS MAR ` I 3 G8 ! �9� within (20) days after the date of filing of this Notice o,"°eT:��o in the Office of the Town a s Clerk. SA US rt NOTICE OF DECISION March 8, 1996 Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jan 16, Feb 6, 1996 Date of Hearing Xeb, 20.,- -Mar, .5,. .1996 John J. Burke Petition of , 52 Sutton Hill Road (Lot 31A Sandra Lane)„ Premises affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements No. And. Zoning Bylaw Section 4.136 P. ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . allow surface & sub-surface discharge of s t rAw,ater. ,Ki.thi.n .the non- soas toy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . discharge' zone of the .Watershed Protection District & regrading, yaj--ti�n, .41.'. jc.f. .the wetland'resource area. After a public hearing oven on the above date, the Planning Board voted toAPPROVE. . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the follo%ving conditions: CC: Director of Public Works Building Inspector _ Natural Resource/Land Use Planner Kj9l Health Sanitarian Signed Assessors Police Chief Joseph V. Mahonex; Chairman, , , , , Fire Chief Applicant Richard Rowen, Vice Chairman Engineer File Alison. Lescarbeau:Clerk interested Parties Richard, Nardella John Simons . . . . . . . Town of North Andover NORTH OFFICE OF 3� "mot o e �0 COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 9'TSAC HU50- I March 4, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Watershed Protection District 52 Sutton Hill Rd (Lot 31A Sandra Lane) Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on Tuesday evening, January 16, 1996 at 7 : 30 p.m. in the Senior Center behind the Town Building, upon the application of John J. Burke, 71 Sutton Hill Road Road, North Andover, MA requesting a Special Permit under Section 4 . 139 Paragraph 3 © (ii) (1) and (2) (Watershed Protection District) of the North Andover Zoning By-law to allow regrading of an area in the non-disturbance zone that was disturbed on 1985 during sewer line construction on site. The legal notice was properly advertised in the North Andover Citizen on December 27, 1995 and January 2, 1996 and all parties of interest were duly notified. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons, Richard Nardella and Alberto Angles, Associate Member. The petitioner was requesting a special permit to allow for the regrading of an area in the non disturbance zone that was disturbed in 1985 during sewer line construction on site. The grading will return disturbed areas to it' s original topography. The premises affected is 130 Sutton Hill Road (Lot 33A) in the Residential (R-3) Zoning District and the Watershed Protection District. Ms. Lescarbeau read the legal notices to open the public hearings. Ben Osgood, Jr. and Atty. Howard Speicher were present with their plans . Atty. Speicher stated that the land was approved in 1984 or 1985, no construction took place and the permits lapsed. They are proposing five applications, four for new homes and one for regrading a lot that was disturbed years ago when the sewer line 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 was installed. The homes will be outside the 100 foot non- disturbance zone and the driveways do not cross the wetlands. In Atty. Speicher' s opinion, building on the property will result in a net improvement in the watershed district due to the fact that three homes now on septic will be able to tie into the sewer line. Ms. Colwell stated that the lots were created in 1980 and have frontage on Sandra Lane. Due to the amount of snow, the wetland line cannot be confirmed, however, Mr. Howard, Conservation Agent, hopes to be able to confirm by the end of the week. Mr. Rowen asked what will happen to the wetlands when you regrade? Ben Osgood, Jr. stated he doesn't think they will increase in size after the regrading. Mr. Simons asked if there was a particular reason why these homes weren' t built before? Atty. Speicher stated "economic reasons probably. " Ms. Colwell to review the old watershed files . Mrs. Armitage, a longtime resident of Sutton Hill Road, offered some history on this property. Years ago, J. Philbin wanted to build within the 100 foot zone, and ran into much opposition from the neighbors. The building stopped, and some court action took place. Work would stop, then start up again. Paul Guilboard, Sandra Lane, asked who owns the land now? Atty. Speicher replied he doesn't know. Mrs . Rosati of Sandra Lane asked if they were pork chop lots, and Ben Osgood replied no. Mrs . Armitage stated that Lot 30B abuts her lot line to the south, and she wants to be sure the 20 foot setback is observed. Mr. Accursio, Sutton Hill Road, asked where will the fourth dwelling be located? Atty. Speicher stated that one dwelling will face Sandra Lane and three dwellings will face Sutton Hill Road. Mr. Simons stated that when two driveways are next to each other, there will be more runoff. Asked if a common driveway was considered? Ben Osgood, Jr. thinks this is the best plan for the area, and it was permitted this way before, he is not proposing a common driveway. Ms. Colwell asked how will the runoff from the driveways be directed? Mr. Osgood stated another dry well, and possible two, could be installed. Mr. Rowen recommends an oil trap be installed. Mrs . Armitage agrees there could be a drainage problem with the two driveways and is glad to see it will be addressed. Mr. Mahoney suggested that the abutters and Mr. Osgood might get 2 together to discuss and work out some of these issues . Continued until the February 6, 1996 meeting. The North Andover Planning Board held a regular meeting on February 6, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. Ms. Colwell gave a brief update stating that Mr. Howard (Conservation Agent) was able to check the wetland line due to the melting of the snow. She has received the new plans showing the revised wetland line and will review them with Ms. Starr (Health Agent) tomorrow. Ben Osgood, Jr. stated that there is a new infiltrator system being used for septic now and it has been approved in Mass . It also works for ground water control, has the ability to handle runoff. They will be using catch basins and sumps to capture one inch of rain water. Mr. Osgood pointed out on the plans where these would be stored on the lots . A question came up regarding the ability of the soil to handle the water. Mr. Osgood stated that he did some soil hole testing on the lots, and it's typical of what you'd expect, the soil absorbs water very readily. Mr. Rowen asked Mr. Osgood why would you put the infiltrator system only 2 feet deep? Mr. Osgood stated any deeper and the ground would not absorb the water from it. Mr. Mahoney asked who will maintain the basins over the years? Mr. Osgood stated the homeowner would. Mr. Nardella asked if there was any way to inspect the system, and Mr. Osgood stated a T pipe could be installed. Ms. Colwell stated that she met with the watershed council regarding their position on a single driveway v. a common driveway in the watershed. The council didn't feel strongly either way. Mrs . Armitage, Sutton Hill Road, stated that Sutton Hill Road is shown on the map as above the grading, therefore, lot 30B's filtration will be nearer to the wetlands and she objects to that. Mr. Rowen asked regarding the wall on lot 30B, will the water go thru or under it? Mr. Osgood answered under it. Discussion to be continued at the February 20, 1996 meeting The North Andover Planning Board held a regular meeting on February 20, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, and Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner, was also present. 3 Ms . Colwell recommends closing the public hearings . The Watershed Council reviewed the infiltration systems, and they recommend placing the systems a minimum of two (2) feet above the water table. The systems will contain the first 1" of rainfall. The first 1" contains the majority of the pollutants that may be washed off during a rainstorm, therefore, this is sufficient. The infiltration basins must be placed 12" above the groundwater table. The council is excited about these systems and believes that we are moving in the right direction for controlling stormwater runoff. Mr. Angles asked if there was a written agreement with the neighbors allowing the two driveways on Glen Road? Ben Osgood replied that was the only missing document. Mr. Burke stated that the case was dismissed. He is giving Mr. Bradley an easement that will enable him and Mr. Konokos access to sewerage. Mr. Burke is also willing to install a fence for Mrs. Armitage. Mr. Mahoney asked who owned Glen Road? Mr. Burke replied that he does, and Mr. Mahoney then stated that "you don't really have to do anything for the neighbors do you?" Mr. Burke replied "that' s right." On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to close the public hearings and draft a decision for the March 5, 1996 meeting. The North Andover Planning Board held a regular meeting on March 5, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, and John Simons . On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted' unanimously to approve the special permit as amended. Attached are the conditions. Sincerely, I/ Al oseph V. Mahoney, Chairman North Andover Planning Board 4 52 Sutton Hill Road (Lot 31A Sandra Lane) Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of John J. Burke, 71 Sutton Hill Road, North Andover, MA 01845 dated December 20, 1995, requesting a Special Permit under Section 4.136 paragraph 3(b)(ii) and 3(c)(ii)(1) & (2) of the North Andover Zoning Bylaw to allow surface and sub-surface discharge of stormwater within the Non-Discharge Zone of the Watershed Protection District and regrading within 41'of the edge of the wetland resource area. FINDINGS OF FACT: In accordance with 4.136(4)the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: A. that as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: i. a certification from a civil engineer dated January 14, 1996. H. the home will be connected to the Town sewer system and is located more than 100'from the edge of the wetland resource area. iii. infiltration trenches will be used to filter all roof drains and driveway runoff iv. the regrading work will restore an area previously disturbed during the installation of the sewer line. B. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed construction as the entire lot is located within the Non-Disturbance Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 1. The specific site is an appropriate location for the proposed use as all feasible stormwater and erosion controls have been placed on the site; 2. The use will not adversely affect the neighborhood as the lot is located in a residential zone; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the 1 following conditions: SPECIAL CONDITIONS: 1. The following items must be added to the plan: a. The 100'line must be marked as the Non-Disturbance Zone. b. The 4" of cover shown on the infiltration chamber installation detail must be changed to 12". 2. This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a. Plan titled: Site Plan Lots 28B, 30B, 31A&32A Sandra Lane North Andover,MA Drawn For: John J. Burke Prepared By: New England Engineering Services, Inc. 33 Walker Road North Andover,MA 01845 Scale: 1"=40' Dated: December 15, 1995;Last revision date 2-19-96 b. Plan titled: Regrading Plan Lots 31A, 32A, 33A Sandra Lane North Andover,MA Drawn For: John J.Burke Prepared By: New England Engineering Services, Inc. 33 Walker Road North Andover,MA 01845 Scale: 1"=40' Dated: December 15, 1995 Any changes made to these plans shall be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board, 3. Prior to any work on site: A performance guarantee of two thousand ($2,000) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. C. The site shall have received all necessary permits and approvals from the North 2 Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. d. All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. 4. Prior to verification of a Certificate of Occupancy: a. The catch basin and infiltrator system must be constructed as shown on the plan. b. A permanent boundary(wall, fence, hedge, etc.) must be placed along the limit of lawn area (Non-Disturbance Zone) as shown on the plan. The boundary must be reviewed and approved by the Town Planner. C. 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 submitted to the Planning Board and included in the file. d. The deed must also contain language restricting the area of maintained lawn to that area between the permanent boundary agreed upon in Condition 4(a)and the home. e. The Applicant shall place a stone bollard at the end of the driveway on Sutton Hill Road. This stone bollard shall have the street number of the home engraved on all four sides of the stone. The dimensions of the stone shall be as follows: 8" x 8" x 72". The stone shall have 48" exposed and 24" buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for the purpose of public safety due to the length of the driveway. f. The structure must contain a residential fire sprinkler system in conformance with the North Andover Fire Department approved design. 5. Prior to release of the Performance Bond: a. The applicant shall submit a certified copy of an as-built plan which shows all construction, including sewer lines, infiltration trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer. b. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6. In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition#2. 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 3 9. 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. 10. This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will expire on Aw T 17, cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 52SUTTONHILL.WSP 4