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HomeMy WebLinkAboutUntitled (9) Print Forty 4. .,4,0 'a bp— +, ;a � e OL 4 'k w 4,,,"40,,,,...0%4'4, - esAcHust- ': f PLANNING DEPARTMENT i ," Community Development Division t 1 Special Permit—Watershed Permit Application t Please type or print clearly. E 1.Petitioner: DONALD D. STANLEY Petitioner's Address: 58 COUNTRY CLUB CIRCLE, N.ANDOVER, MA. 01845 Telephone number:978-857-1959 is , 2.Owners of the Land: DONALD D. STANLEY Address:58 COUNTRY CLUB CIRCLE, N.ANDOVER, MA. 01845 Number of years of ownership: 10 t' 3.Year lot was created: 1998 t 4. Is the lot currently on septic or sewer? I'" sewer f. If on sewer,please provide date the sewer connection was completed: June 2000 t i 4 Finish interior of detached garage.5.Description of Proposed Project: 9 9 ; Connect garage to water and sewer through existing connections between garage and house. All work will confined to the interior of the existing detached garage. The existing garage is shown as proposed garage on plan 15708 recorded in the Essex North Registry. 1 6.Description of Premises:Two acre site with a single family dwelling. 4 7.Address of Property Being Affected:58 Country Club Circle E, Zoning District: R-1,Water Shed Overlay Protection District Assessors Map:64 Lot#: 150 Registry of Deeds:Book#: 5781 Page#: 79 8.Existing Lot: Lot Area(Sq.Ft): 87121 Building Height:35 Street Frontage: 175 Side Setbacks:33 Front Setback:87 Rear Setback:46 Floor Area Ratio:97:1000 Lot Coverage:6.6% t' 9.Proposed Lot(if applicable): Lot Area(Sq.Ft): Building Height: Street Frontage: Side Setbacks: Page 1 of 2 is 1;, 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/6/07 1 f g: s. ,,,!, t i Front Setback: Rear Setback: i' Floor Area Ratio: Lot Coverage: i, 10.Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft):87,120 Building Height:35 Street Frontage: 175 Side Setbacks: 30 Front Setback:30 Rear Setback: 30 -' Floor Area Ratio: N/A Lot Coverage: N/A 11.Existing Building(if applicable): t Ground Floor(Sq.Ft.):4907 #of Floors:2 .. Total Sq.Ft.:8483 Height:35 Use: Single Family Dwelling+Garage Type of Construction:Wood Frame t 12.Proposed Building: Ground Floor(Sq.Ft.): #of Floors: Total Sq.Ft. Height: t. Use: Type of Construction: k 13.Has there been a previous application for a Special Permit from the Planning Board on these premises?Yes If so,when and for what type of construction?Garage l' z. 14.Section of Zoning Bylaw that Special Permit Is Being i RequestedModification to a Special Permit granted under Section 4.136 t To remove special conditions 3 .a & 3 .b 15.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the t Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the , responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as i lete. &(e.7 -20 Petitioner's Signature: v Print or type name her. %• -Id D. Stanley Owner's Signature: ri «% / P Print or type name here: Donald D. Stanley 16.Please list title of plans and documents you will be attaching to this application. 1 Plan 15708 recorded in the Essex North Registry. Prior Decision recorded in Book 10878 Pg. 120 recorded in the Essex North Registry. F s i Page2of2 t 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 , Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/6/07 t. ii 5 r I Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) t i F i REQUIREMENT: MGI.40A,Section 11 states in part'Parties in Interest as used in this chapter shall mean the petitioner, F'.- abrmers,owners of land directly oppositeon any public or private way,and abutters to abutters within ic three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town.' m Subiect Property: F i MAP PARCEL Name Address 64 150 Donald Stanley 58 Country Club Circle North Andover,MA 01845 t Abutters Properties 1 Map Parcel Name Address Pi. 37.A 29 Ben Osgood 69 Old Village Lane North Andover,MA 01845 t 64 6 North Andover Country Club PO Box 99 North Andover,MA 01845 64 7 North Andover Country Club PO Box 99 North Andover,MA 01845 _f 64 17 Daniel Hennessy 505 Great Pond Road North Andover,MA 01845 64 29 Donald Stanley 465 Great Pond Road North Andover,MA 01845 64 71 John McDermott 475 Great Pond Road North Andover,MA 01845 64 75 Scott Dell'Orfano 44 Country Club Circle North Andover,MA 01845 64 151 Bernard Kelly 61 Country Club Circle North Andover,MA 01845 t` 64 152 Stephen Mader 45 Country Club Circle North Andover,MA 01845 1. s> t t t4 kf e I s t t F. f t i x: M , This certifies that the names appearing on the Page 11/2 9l�,of 1 records of the Assessors Office as of -- //p4,,y 2‘)./7 Certified • i 7'7 ") Date r. — i r I. • I 6 1.i. • ,IORTO. tiiiiii‘013 , , _ a n: ^' c F u'S �-'- 01-- 44-.)=1> 1 . 2s"' MP FEB 28 P ; 18 I. ATTEST: PLANNING DEPARTMENT A True Copy Community Development Division ' f Tist'� i�:= k Q 55.4.A.,...". 1600 Osgood Street NORTH l• MG` : 1 North Andover,Massachusetts,01845 MASS ACK:S -T+2 v Town Clerk Phone:9784889535 .' Fox:978-688-9542 NOTICE OF DECISION w Y Any appeal shall be filed B 1+'a--S7± .. F''9179, = 4-94-5 within(20)days after the �' '_15-20r3� a 1 29° date of filing this notice in the office of the Town Clerk. ` Date: February 27,2006 Date of Hearing: January 2,2007, 1 February 6,2007 z. Date of Decision: February 21,2007 I' ;y Petition of: Donald D.&Debra M.Stanley 58 Country Club Circle North Andover,MA 01845 - 4 Premises Affected: 58 Country Club Circle, North Andover, MA 01845, Map 64, Parcel 150, within the R-1 zoning district , Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover 1„ Zoning Bylaw,Section 4.136.3(cii),(1),(2),(5)&(6). F. t So as to allow: to construct a proposed detached 24'x 36' garage and underground drainage structures 4 within the Non-Disturbance buffer zone of a wetland of the Watershed Protection District. After a public hearing given on the above date,and upon a motion by John Simons and 2°h by Jennifer Kusek to APPROVE a Watershed Special Permit as amended and based upon the following conditions. Vote was t 5-0 unanimous in favor of the application. On behalf of, - North And• er Planning Board Richard Nardella,Chairman John Simons,Vice-Chairman Alberto Angles ri Richard Rowers Jennifer Kusek E cc: Town Departments Applicant Engineer Abutters t Assessor F: V-Cf:1". n i i q t - 1 Bk 10878 Pg 121 #24945 E 58 Country Club Circle Map 64,Parcel 150 k' Watershed Special Permit-Construction of 24'x 36'Detached Garage i The public hearing on the above referenced application was opened on January 2,2007 and closed by the North Andover Planning Board on February 6, 2007. On February 6, 2007, upon a motion made by John Simons, and seconded by Jennifer Kusek to GRANT a Watershed Special Permit as amended in order to construct a 24'x 36'3-stall detached accessory garage within 120'of a isolated wetland resource area within the Non-Disturbance Zone of the Watershed Protection District The proposed 3-stall detached garage and underground drainage structures are located at 58 Country Club Circle,North Andover,Massachusetts,01845,Assessors Map 64,Parcel 150 and is located within the Non- Disturbance and Non-Discharge Zones of the Watershed Protection District under the requirements of Section 4.136& 103 of the North Andover Zoning Bylaw. This Special Permit was requested by Donald D. and Debra M. Stanley, 58.Country Club Circle, North Andover, MA 01845. The applicant submitted a complete application, which was noticed on November 7, 2006, and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,Section 9. i The Planning Board voted on the motion by unanimously in favor of the Special Permit. A special f' permit issued by the special permit granting authority requires a vote of at least four members of a five- member board. fi The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. t In accordance with 4.136 the Planning Board makes the fording that the intent of the Bylaw,as well as its specific criteria, are.met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1 i< 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 i Planning Board bases this finding on the following facts: i a) The proposed detached 3-stall garage will not require a connection to the Town sewer and water systems from Country Club Circle; ¢" i b) The topography of the site will not be altered substantially. The construction of the garage and installation of the proposed stormwater management structures will use Best Management and t Engineering Practices and not substantially alter the topography of the site; i c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed I detached 3-stall garage;and d) The construction of the proposed detached 3-stall garage and drainage structures have been reviewed p by the Town's outside consultant,Town Planner,and Conservation Department and determined that there will be no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick. i 2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for any i discharge,structure or activity. fi ATTEST: °j A True Copy k 2 Town Clerk . t i 1 Bk 10878 Pg 122 #24945 is 58 Country Club Circle 1 Map 64,Parcel 150 Watershed Special Permit-Construction of 24'x 36' Detached Garage t; I. i In accordance with Section 1031 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) 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; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; f 3) There will be no nuisance or serious hazard to vehicles or pedestrians; I 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; i. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: gkg I 1) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of Appeals granting a Variance from Section 4, Paragraph 4.136(3XcxiiX3) of the Zoning Bylaw to allow the construction of 3-stall detached garage(permanent structure) 120'from an isolated wetland resource area within the Watershed Protection district's Non-disturbance Buffer Zone. / 2) No impervious surfacing shall be used in construction of the driveway expansion.The applicant shall use pervious pavers (or similar application) for the proposed driveway expansion to the 3-stall detached garage. t 3) 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. This Watershed Special Permit may only be used in conjunction with the Site Plan Special Permit for these i same premises: i a) The garage will not be connected to Town water or sewer. i` b) The garage will not contain an established living area nor will there be any expansion allowed. c) Roof gutter drains be connected to infiltrators as shown on the plans. 4) Prior to issuance of a building permit a) A performance guarantee bond of one thousand dollars($1,000.00)made out to the Town of North l Andover must be posted to insure that the construction of the garage,erosion control measures,and i performance of any other condition contained herein 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 and Conservation Department i, F 5) Prior to release of the Performance Bond a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water management services and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval.The g ATTEST: A True Copy 3 `"a ae, Town Clerk I i Bk 10878 Pg 123 #24945 58 Country Club Circle Map 64,Parcel 150 r. Watershed Special Permit-Construction of 24'x 36'Detached Garage applicant must submit a certification from the design engineer that the site was constructed as shown ;; on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. s 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 1; 8) 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_ i i 9) This special permit was issued on February 6,2007,however,this Special Permit shall be deemed to have lapsed after a two(2)year period on February 6,2009 unless substantial use or construction has commenced. f 10)This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: r Plan titled: Proposed Site Plan At 58 Country Club Circle in North Andover,MA 1. Prepared for. Donald D.&Debra M. Stanley is 58 Country Club Circle North Andover,MA 01845 Prepared by Atlantic Engineering&Survey Consultants Inc. 97 Tenney Street;Suite 5 Georgetown,MA 01833 Scale: 1"=20' Date: November 9,2006,Revised 1/4/07 Sheets: 1 i P l F' f i k I F, ATTEST: A True Copy 4 Town Clerk t ;'iltili °.sown, "oo Town of North Andover �? ~'1 A Office of the Planning Departmerti ` r '' ' ,'s u + �o ,: 4 Community Development and Services Division ass,=..s t<' 1600 Osgood Street t•: t' — North Andover,Massachusetts 01845 j �' ; t Y- NOTICE OF DECISION WATERSHED SPECIAL PERMIT - MODIFICATION t" . Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: February 15,2011 Date of Hearings: January 4,2011, February 15,2011 Date of Decision: February 15,2011 Petition of: Donald Stanley,58 Country Club Circle,North Andover,MA 01845 Premises Affected: 55 Country Club Circle,North Andover,Massachusetts,01845, Assessor's Map 64, Parcel 150 and located in the Residential 1 Watershed Overlay Protection District. Referring to the above petition for a Modification to a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136.3.c.ii and 10.3. So as to allow the build-out of the interior of a detached garage and to connect it to water and sewer through existing connections between garage and house within the non-disturbance zone of the Watershed Protection District. After a Public Hearing on the above date, and upon a motion made by Richard Rowen and a 2nd by Timothy Seibert, the Planning Board voted to APPROVE the Modification to Special Permit for the Watershed Protection District, as amended and based upon the following conditions. Vote was unanimous in favor of }` the application f �7 g Board John Simons,Chairman Richard Rowen 4 Timothy Seibert Michael Colantoni Courtney LaVolpicelo 58 Country Club Circle, Map 64,Parcel 150 Modification to Watershed Special Permit—Build-out of interior of detached garage February 15,2011 The Public Hearing on the above referenced application was opened on January 4, 2011 and closed by the North Andover Planning Board on February 15,2011. On February 15, upon a motion made by Richard Rowen and seconded by Timothy Seibert to GRANT a Modification to Watershed Special Permit to build-out the interior of existing detached garage and to connect it to water and sewer through existing connections between the garage and house and to work within the 100 foot Non-Disturbance Buffer Zone of the Watershed Protection District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Modification to Special Permit was requested by Donald Stanley, 55 Country Club Circle, North Andover, MA 01845 on January 4, 2011. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board vote was unanimous. A modification to special permit issued by the special j= permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: On February 27,2006,the Planning Board unanimously voted to grant the Applicant a Watershed Special Permit to the Applicant, Donald D& Debra M. Stanley pursuant to Section 4.137 of the Town of North Andover Zoning Bylaws, for the construction of a detached garage with associated landscaping and stormwater management structures.That decision specifically prohibited the property owner from establishing living area within the garage and also prohibited any expansion of the structure. On December 8,2010,the applicant applied for a modification to the existing Special Permit decision, §' in order to establish a living area within the garage,to consist of a recreation room and bath facilities and to connect the garage to the existing water and sewer system. The decision was based on the is following: 1. The construction plans have been reviewed by Town Staff, including the Town Planner and the staff has concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The changes to be made are to the interior of the building and will not have an effect on stormwater runoff Also, the garage will be tied in to the existing water and sewer facilities. 2. The garage will contain a recreational room with bathroom facilities and, due to zoning restrictions,cannot be used as an additional residence. 3. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The existing design includes roof infiltration and wetlands mitigations, as a 2 58 Country Club Circle, Map 64,Parcel 150 i Modification to Watershed Special Permit—Build-out of interior of detached garage 3; February 15,2011 result of extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. tt a. Roof gutter drains are connected to infiltrators as shown on the plan. b. Pervious pavers are to be used for the driveway expansion in front of the garage <` 4. The existing structure is connected to the Town sewer system. t 5. There is no reasonable alternative location outside the General,Non-Disturbance, and the Discharge t Zones for any discharge,structure or activity. it CONDITIONS i' The Planning Board's approval of the Modification to the Watershed Special Permit is conditioned on the '' following: 1. The applicant must show all changes on the final as-built plan,which must be provided to the Planning Department before the bond is released, according to the conditions as stated in the February 27,2006 Special Permit Decision. 4 Accordingly,Donald&Debra Stanley may proceed with the proposed renovation project in accordance with the Site Plans referenced below: i" 4 Plan titled: Proposed Site Plan 58 Country Club Circle,North Andover,Mass. Prepared for: Donald Stanley 58 Country Club Circle North Andover,MA 01845 t Prepared by: Atlantic Engineering& Survey Consultants, INC. 97 Tenney Street Suite 5 Georgetown,Ma 01833 x` Scale: 1"=20' Date: January 4, 2007 Sheets: 1 } is i cc: Town Engineer 4 Conservation Administrator , Planning Board Police Chief Fire Chief Applicant Engineer File 3 tt