HomeMy WebLinkAboutDecision - 1895 GREAT POND ROAD 2/17/1999 To of North Andover oRTN
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES °
30 School Street
,LIAM J. SCOTT North Andover,Massachusetts 01845
Director 'VSAC ust
NOTICE OF DECISION
Any appeal shall be filled °'T9
within (20) days after the
date of filling this Notice
in the Office of the Town
Clerk.
Jlt:
Date February 17, 1999
Date of Hearing 1/5/99, 2/17/99
Petition of Kenneth Yameen, Trustee of WKET Nominee. Realty Trust
Premises affected—Lot B-1 Great pond gQad
Referring to the above petition for a special permit from the
requirements of the North Andove rZoning bylaw Section 4.136
so as to allow to construct a driveway and single family home within the Watershed
Protection District
After a public hearing given on the above date, the Planning Board
voted to APPROVE the Watershed Special Permit
based upon the following conditions:
Signed_y],L�
� �
CC: Director of Public Works Richard S.-Rowen, Chairman
Building Inspector
Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman
Health Sanitarian
Assessors John.Simons, Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Joseph V. Mahoney
Towns Outside Consultant
File Planning Board
Interested Parties
CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535
*BUILDING OFFICE, -(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET
Lot B-1 Great Pond Road
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Mr. Kenneth Yameen,
Trustee of WKET Nominee Realty Trust , 224 Bridle Path, North Andover, MA, dated December 4,
1998, requesting a Special Permit under Section 4.136 of the Zoning by-law to allow construction of a
driveway and single family home within the Watershed Protection District -property will be connected
to a public sewer.
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:
1. 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:
a) The proposed dwelling will be connected to the Town sewer system;
b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the
site.
c) The site has received variances from the Zoning Board of Appeals allowing construction of
the driveway within the Conservation Zone and the house within the Non-Disturbance
Zone. The slope of the driveway and the extent of tree clearing and overall disturbance of
the site would be increased if the driveway were to be relocated outside of the
Conservation Zone.
d) The topography of the site will not be altered substantially.
e) The driveway is pitched to each side and is defined by perimeter trenches of crushed stone
to infiltrate the storm water runoff from the driveway. Grassed enhancement swales are
designed to carry excess storm water flows along the southern section of the driveway.
The swales are designed to minimize erosion and enhance water quality.
f) The storm water runoff from the roof will be collected in a closed drainage system and
infiltrated through a pre-cast concrete leaching pit.
2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone for any
discharge, structure or activity, associated with the proposed project as the access to the lot is
located within the Non-Discharge Zone.
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In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following findings:
A. The specific site is an appropriate location for the proposed use as all feasible storm water and
erosion controls have been placed on the site;
B. The use will not adversely affect the neighborhood as the lot is located in a residential zone;
C. There will be no nuisance or serious hazard to vehicles or pedestrians;
D. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
E. 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
following conditions:
SPECIAL CONDITIONS:
1) 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: Proposed Lot Development
Great Pond Road(A.P. 35 Lot 5)
North Andover, Massachusetts
Prepared by: DeVellis Associates Inc.
2310 Washington Street
Newton Lower Falls,MA 02162
Scale: 1"=40'
Date: December 2, 1998
Revised: February 3, 1999
Sheet : 1 of 1
b) The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a public hearing and modification by the
Planning Board.
3) Prior to any work on site:
a) 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
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accordance with the plans and the conditions of this decision and to ensure that the as-built
plans will be submitted.
b) The final plans must be reviewed and approved by the Town's DPW.
c) The limit of work as shown on the plan by the erosion control line must be marked in the field
and must be reviewed and approved by the Town Planner.
d) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner.
e) The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission, Board of Health, and the Department of Public Works and be in
compliance with the above permits and approvals.
f) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division
of Public Works.
4) Foundation Plan: Immediately upon completion of the dwelling foundation and prior to further
construction activities associated with the site, the applicant shall complete a plan prepared by a
Registered Professional Land Surveyor(R.P.L.S.)which accurately depicts the foundation location
and its proximity to wetland resource areas as shown on the approved Watershed Special Plan.
Said plan shall be submitted to the Town Planner for review to verify that the setback limits under
the special permit have been met.
5) Prior to verification of a Certificate of Occupancy:
a) A permanent boundary such as a fence must be placed along the erosion control line as the
limit of the lawn. The boundary must be reviewed and approved by the Town Planner.
b) The deed must contain language restricting the area of maintained lawn to that area between
the permanent boundary and the home.
c) The structure must contain a residential sprinkler system in conformance with the North
Andover Fire Department approved design.
6) Prior to release of the Performance Bond:
a) 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.
b) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
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Massachusetts that shows all construction, including sewer lines, storm water mitigation
trenches and other pertinent site features. This as-built plan shall be submitted to the Town
Planner for approval. The applicant must submit a certification from the design engineer that
the site was constructed as shown on the approved plan.
c) The Planning Board must by a majority vote make a finding that the site is in conformance with
the approved plan.
7) In no instance shalll the applicant's proposed construction be allowed to further impact the site than
as proposed on the plan referenced in Condition# 1.
8) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
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.
11)This permit shall be deemed to have lapsed after a two- (2)year period from the date o.2 f 9 ,)Cc
on which the Special Permit was granted unless substantial use or construction has commenc d.
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
Lot B-1 Great Pond Road -Watershed
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T'®®Vn of forth Andover t,°RrH �
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OFFICE OF y� 6 °L
COMMUNITY EVELOPMENT
AND gryRyt�¶ [� p -
DSHAW
27 Charles Street TOWN CLERK
North Andover,Massachusetts 01845 NORTH ANDOVER
WILLIAM J.SCOTT SSAcMU`���
Director 1000 AUG 1 b P 3-- S
(978)688-9531 Fax(978)688-9542
Special Permit Extension
At a regularly scheduled meeting of the Planning Board, duly posted, and held on
August 15, 2000 ,the North Andover Planning Board voted unanimously to grant the
extension of the. Special Permit issued to Kenneth Yameen Trustee of WKET Nominee
Realty Trust for the construction of a driveway and single family home within the
Watershed Protection District dated,February 17, 1999.
This extension is granted pursuant to Massachusetts General Law, Chapter 40A,
Section 9, and will extend the above referenced Special Permit for a period of two (2)
years. This permit is now due to expire on February 19,2003.
Signed as a sealed instrument this 16 day of August,2000.
North Andover Planning Board
Planning Board Chairman
Commonwealth of Massachusetts
Essex, ss , 20 ?
Then personally appeared Chairman of the North Andover Planning Board, and
acknowledged the foregoing instrument to be the free act and deed of the North Andover
Planning Board before me. .
y
Ngtary Public
My Commission Expires: >
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Mr.Kenneth Yameen
224 Bridle Path
North Andover,MA 01845-2012
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