HomeMy WebLinkAboutMiscellaneous - 350 GREAT POND ROAD RECEIVED
,
TO'{7N CLERK'S OFFICE
a ".°•"_'"^.o d
Town of North Andover 2012 APR -9 PN 106
Office of the Planning Department
Community Development and Services Division TO 1.1N OF
ty 1600sgood Street MASSACHUOSETTS
North Andover,Massachusetts 01845
NOTICE OF DECISION
Any appeal shall be filed
within(20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: April 3,2012
Date of Hearings: March 20,2012,April
3,2012
Date of Decision: April 3,2012
Petition of: Ismail and Sansli Erhan,350 Great Pond Road,North Andover,MA 01845
Premises Affected: 350 Great Pond Road,North Andover,Massachusetts,01845.
Assessor's Map 37A Parcel 5 and located in the Residential 1 Zoning Distrito.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw,Sections 4.136& 10.3.
So as to allow the expansion of an existing single-family dwelling unit, from 2,346 sq.ft.to 4,042 sq.ft.,
the demolition of the existing garage and the installation of stonnwater management systems within the
250 foot Non-Disturbance Zone of the Watershed Protection District.
After a public hearing given on the above date,and upon a motion by R.Rowen and T'by X to APPROVE
the Site Watershed Special Permit as amended and based upon the following conditions.The vote was 4—0
in favor of the application.
P Hing Board
chard Rowen
imo[hy Seibert
Michael Colantoni
Dave Kellogg
350 Great Pond Road Map 37A Lot 5
Watershed Special Permit-Addition to Single-Family Residence
' April 3,2012
The public hearing on the above referenced application was opened on March 20, 2012 closed by the
North Andover Planning Board on April 3,2012.
On April 3,2012,the North Andover Planning Board voted to APPROVE a Watershed Special Permit for
the expansion of an existing dwelling unit from 2,346 sq. ft.to 4,042 sq.ft,the demolition of the existing
garage and the installation of stormwater management systems within the 250 foot Non-Disturbance Zone -
of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North
Andover Zoning Bylaw. This Special Permit was requested by Ismail and Sansli Erhan, 350 Great Pond
Road,North Andover,MA 01845 on February 10,2012. 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 4 in favor, 0 against. A special permit issued by the special 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:
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 this finding on the following facts:
a) The project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. The final design reflects 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.
b) The constriction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston,and with the application of the erosion control measures and modifications to the drainage
and stormwater management designs, the consultant concluded that there will not be significant
degradation to the quality or quantity of water in or entering Lake Cochichewick.The site drainage
system and storm water management design are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices, and result in an improvement
over existing conditions. The plan has been reviewed by the outside consulting engineer, Lisa
Eggleston, as evidenced by a letter from L. Eggleston dated March 15, 2012. Further, adequate
safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through
the installation/implementation of the following Best Management Practices relative to a single-
family dwelling:
i) The new addition will create 1,696 sq. ft. of new building square footage for a total of 4,042
for the dwelling unit, including the 530 sq. ft. garage, which will be incorporated into the
dwelling unit. All of the roof runoff will be routed to Stormtech Chamber drywells so that
the stormwater runoff for entire roof area of the dwelling unit will be recharged, where
currently there is no stormwater management for the existing structure.
2
350 Great Pond Road Map 37A Lot 5
Watershed Special Permit—Addition to Single-Family Residence
i April 3,2012
ii) The lower end of the driveway and a walkway will be constructed using porous pavers.
iii) The construction of a stand-alone new garage within the Non-Disturbance Zone is prohibited
and will be recorded in the deed.
iv) No new lawn area is being proposed and there will be minimal tree-cutting only in the area
noted as"Area of Vista Pruning"on the plan. This restriction will be recorded in the deed.
v) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be recorded in the deed.
C) The existing structure is connected to the Town sewer and water systems.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board
makes the following FINDINGS OF FACT:
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 1 Zoning
District;
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 teaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL.CONDITIONS:
1)Permit Definitions:
a) The"Locus"refers to the 85,440 sq. ft. parcel of land with frontage on Great Pond Road as
shown on Assessors Map 37A,Parcel 5,and also known as 350 Great Pond Road,North
Andover,Massachusetts.
b) The`Plans"refer to the plans prepared by Christiansen& Sergi, Inc.,dated June 17,2011 and
revised to February 7,2012,entitled"Site Plan of Land 350 Great Pond Road located in North
Andover,MA."
c) The"Project"or"350 Great Pond Road"refers to the expansion of an existing dwelling unit from
2,346 sq.ft.to 4,042 sq.ft.,the demolition of the existing garage and the installation of
stormwater management systems within the 250 foot Non-Disturbance Zone of the Watershed
Protection District.
d) The"Applicant'refers to Ismail and Sansli Erhart,the applicant for the Special Permit.
3
350 Great Pond Road Map 37A lot 5
Watershed Special Permit—Addition to Single-Family Residence
April 3,2012
e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant,developer,and owner.
2) 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 the endorsement of plans
a) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all North Andover land use Boards.
4) Prior to the start of site work or construction
a) Three(3)copies of the signed,recorded decision and the recorded plans must be delivered to the
Planning Department.
b) The applicant shall designate an independent Construction Monitor who shall be chosen in
consultation with the Planning Department staff. The Construction Monitor must be available
upon four(4)hours notice to inspect the site with the Planning Board staff.
c) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
d) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
e) Yellow Caution tape must mark the limit of work which is shown on the plan next to the driveway
and along the border of the area marked on the plan as " area of vista pruning". Ant trees to be
removed are to be marked and approved upon inspection by the Town Planner.
f) A performance guarantee bond of five thousand dollars($5,000.00)made out to the Town of North
Andover must be posted to insure that the construction,erosion control,measures,and 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.
5) Prior to issuance of a building permit
a) The applicant shall incorporate the following conditions as deed restrictions and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
i) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free.
ii) The construction of a new garage within the Non-Disturbance Zone is prohibited.
iii) No new lawn area is allowed and there will be minimal tree-cutting only in the area noted as
"Area of Vista Pruning"on the plan.
4) 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 mitigation trenches and other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and
must be provided in paper form as well as in SDF (Standard Digital File) format. The as-built
shall also provide a calculation showing the increase in impervious area. The applicant must
4
350 Great Pond Road Map 37A Lot 5
Watershed Special Permit—Addition to Single-Family Residence
' April 3,2012
submit a certification from the design engineer that the site was constructed w 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.
5) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) 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.
8) This Special Permit approval shall be deemed to have lapsed April 3, 2014 (two years from the date
of issuance) exclusive of the time required to pursue or await determination of any appeals, unless
substantial use or construction has commenced within said two-year period. Substantial use or
construction will be determined by a majority vote of the Planning Board.
9) This decision must be filed with the North Essex Registry of Deeds. The following information is
included m part of this decision:
a) Plan titled: "Site Plan of Land 350 Great Pond Road located in North Andover,Ma.
Prepared for: Ismail&Sausli Ethan
350 Great Pond Road
North Andover,MA 01845
Prepared by: Christiansen& Sergi,Inc.
160 Summer Street
Haverhill,MA 01830
Scale: 1"=40'
Date: June 17,2011 and revised to February 7,2012.
Sheets: 1
Architectural: Ethan Residence
Prepared by: William Ballots Associates Architects
10 South Main Street
Topsfield,MA 01983
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
5
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PLANNING DEPARTMENT
Community Development Division
S ecialPermit— WatershedPermitA lication
Please type or print clean y-
1.Petitioner: ISMAIL&$ANSLI ERHAN
Petitioners Address:350 GREAT POND ROAD
Telephone number: 603,531-3280
2.0wners of the Land: SAME
Address:
Number of years of ownership: 32 YEARS
3.Year lot was created: 1964
4, Is the lot currently on septic or sewer?
SEWER
If on sewer,please provide date the sewer connection was
completed: THE LOT IS SERVICED BY SEWER,WAS CONNECTED IN 1990
5.Description of Proposed Project: �-
Modifca lon to an existing single family home;wnsWc0on o a 1,696 sf addition to the existing
structure in combination with razing an existing accessory structure(garage)and associated
grading. All work is within the non disturbance Zone Butter(2501 but outside of the 100'wetland
6.Description of Premises: Single family lot abut0ng Lake Cochichewick
7.Address of Property Being Affected: 350 Great Pond Road
Zoning District: Rt
Assessors Map: 37A Lott: 5
Registry of Deeds:Book l: 11392 Page 8: 0026
8.Existing Lot:
Lot Area(Sq.Ft, 85,440 Building Height:<$'
Sheet Frontage: 180' Side Setbacks:39.8'
Fr ant Setback:260.0' Rear Setback: 1292'
Floor Area Ratio: NIA Lot Coverage: N/A
9.Proposed Lot(if applicable):
Lot Area(Sq. Ft): 85,440 Building Height:35'
Street Frontage: 180' Side Setbacks:32.0'
Page I of 2
1600 0 sgood Street,North Andover,fildg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www towaolnorthandover.rom
Edited 8(6)07
Front Setback:244.0' Rear Setback: 127.5'
Floor Area Ratio:NIA Lot Coverage: N/A
10.Required Lot(as required by Zoning Bylaw): <35'
Lot Area(Sq.Ft): 87,120 Building Height:
Street Frontage: 175' Side Setbacks:30'
Front Setback:30' Rear Setback: 30'
Floor Area Ratio:N/A Lot Coverage: NIA
11.Existing Building(f applicable):
Ground Floor(Sq.FL): 2,346 1 of Floors: 1
Total S Ft: 2.346 Height:<35'
Use:
single
family no,,
Type of Construction:Wood frame
12.Proposed Building:
Ground Floor(Sq.Ft): 4,042 at A of Floors:2
Total Sq.Ft. 6,652 Height: 35'
Use: Single family home Type of Construction:Wood frame
13.Has there been a previous application for a Special Permit from the Planning Board on these
premises?yes ifso,when and for what type of construction?June 2011,
CN57-/N6 DWCLCING MoD. Wi7HDIP1stWij IL 011•
14.Section of Zoning Bylaw that Special Permit Is Being
Requested 4.136.3
15.Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this forth, which is the official form of the
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 apolicatjon. 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 incomple
Petitioner's Signature '
Print or type name here. 15M a E'
Owner's Signature:
Print or tyx name herg
16.Please list title of plans and documents you will be attaching to this application.
Watershed Special Permit Plan for 350 Great Pond Road, by Chdsiansen&Sergi,2!7/2012
Page 2 of 2
1600 Osgood Street,North Andover,BIdg.20,Suite 236 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www townofnorthgndovef.com
Edited 8/607
WATERSHED SPECIAL PERMIT APPLICATION
ERHAN RESIDENCE
LOCATED AT 350 GREAT POND ROAD
IN
NORTH ANDOVER, MASSACHUSETTS
PREPARED FOR:
ISMAIL ERHAN
350 GREAT POND ROAD
NORTH ANDOVER, MASSACHUSETTS 01845
FEB 9, 2012
4ZL CHRISTIANINESERG , INC
PROFESSIONAL ENGINEERS AS AND LAND SURVEYORS
160SUMMER STREET, HAVERH 01830
tel'978-373-0310 www.csiengr cam fax
979-312-39E0
TABLE OF CONTENTS:
SPECIAL PERMIT-WATERSHED PERMIT APPLICATION FORM
CERTIFIED ABUTTER LIST
WRITTEN DOCUMENTATION
I. Site Description
ll. Project Description
III. Written Documentation
LIST OF FIGURES:
- Figure 1: USGS Locus Map
- Figure 2: Soils Maps and Test Pit Results
- Figure 3: Town of North Andover Zoning Map
- Figure 4: Flood Insurance Rate Map
PUNS:
"Watershed Special Permit Plan for 350 Great Pond Road," located in North
Andover, MA" prepared by Christiansen & Sergi, Inc. dated 2/7/2012.
Abutter to Abutter( ) Building Depl ( ) Conservahon ( X 1 Zoning ( 1
REQUIREMENT: MOue0.sxamvskresm pen'>vaeabinur.+e.auuelnu�e m.pe.ansa memm•laaemer.
aWMvworrotor 6realY op{u91 pudl[ae vM rLMnoau MPI,
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mam mm.eey orewn ecw plamIm.m a..m aa�pe y[rw«n.
Suldect Property:
MAP PARCEL Name Address
37.A 5 Ismail Shan 350 Great Pond Road,North Andover,MA 01815
_Abutters Properties
Me- Parcel Name Address
37 A 3 Wiliam owed, 326 Great Pond Road,NOM Andover,MA 01845
37A 4 Alan Hope 310 Great Pond Road.Norm Andover,MA 01845
37A B Nano,Leland 254 Great Pond Road,North Andover,61401845
37A 6-A 8 55 Town o1 North Andover 120 Main Street,Norm Andover,MA 01845
37 A i Douglas Ely 388 Great Pond Road,North Add.., MA 01845
3I A 8 Christopher Broin 25 Castleman,Place,NOM Andover,MA 01845
37 A 10 JMB Realty Twat 325 Great Pond Road.North Andover,MA 01845
37 A 15 AJbed Movseian 369 Great Pond Road.Norah Andover,MA 01845
37A 35 Chad..George 10 Castemere Place,Noah Andover.MA 01845
37A 52 James Cavallaro 20 Cas0emere Place.NOM Andover MA 01845
37A 53 Emily Dorharly 316 Great Pond Road,NOM Andorra,MA 01845
Lake Cochkhewk:k commomvealth o1 BAA 100 Cambndge Street Boston MA 02202
This certifies that the names appearing on the
records of the Assessors Office as of
Certified by: Date R .T
I. Site Description:
The subject parcel is located at 350 Great Pond Road. The parcel is
approximately 1.97 acres in land area and was created 1964 identified as
Assessors Ref Map 37A, Parcel 5. Deed is recorded at North Essex Registry
Book 11392, Page 0026.
The USGS locus map for this site is shown on the attached Figure 1.
Figure 2 provides USDA NCRS data for the site area and results of test
pits dated May 5, 2011.
The subject parcel is wholly located within the Town of North Andover
Watershed Protection overlay zoning district as depicted on Figure 3: Town of
North Andover Zoning Map. As such, the parcel is subject to the requirements
set forth in Section 4.136 of the Town of North Andover Zoning By-Laws.
The subject parcel is not located in a special Flood hazard Area
on Flood Insurance Rate Map Community Panel No. 250098 0003C and 0006C,
as depicted on Figure 4.
II. Project Description:
The applicant seeks to remodel an existing single family home and
associated landscaping at 350 Great Pond Road, in North Andover within the
Watershed Protection District. The site now has an existing home, gravel
driveway and detached garage within the Non-Disturbance Buffer Zone.
All work for the proposed application is located outside the Watershed
Protection District's Conservation Zone to Lake Cochichewick and its
associated BVW.
III. Written Documentation:
In accordance with the Town of North Andover Planning Department's "General
Requirements to Be Met for Obtaining a Watershed Special Permit" the
applicant offers the following information:
1) Encouraging the most appropriate use of land:
The site is in a residential zone (R1), and the proposed project is in
accordance with the requirements set forth in the zoning bylaw. The project has
been designed to minimize disturbance to the site, impact to the water resources,
and the neighborhood.
11) Reserving and increasing the amenities of the Town:
The project will increase the amenities of the town through an
improvement to the property and additional tax revenue due to the new
construction assessment.
3
In accordance with the Town of North Andover Zoning Bylaw,
"Section 4.136.4.(c-1) Special Permit Requirements": the applicant offers
the following Information:
c. An application for a Special Permit under this Section shall include the
following information:
(i) Application Form— included in this package.
(ii) Plan Details— refer to attached Site Plan.
(iii); Written certification by a registered Professional Engineer, or other
scientist educated in and possessing extensive experience in the science of
hydrology and hydrogeology, stating that there will not be any significant
degradation of the quality or quantity of water in or entering Lake Cochichewick:
I, Philip G. Christiansen, hereby certify that the work depicted on
"Watershed Special Permit Site Plan of Land for"350 Great Pond Road" in
North Andover, MA"dated February 7, 2012 prepared by Christiansen &
Sergi, Inc. will not, as pro sed, contribute to any significant degradation
f t e q fl' f water in or entering Lake Cochichewick.
ASH�r bAS�
2� PHILIP G. Cy Z 9 /Z
p CHRIEN i G. Christiansen, P.E. MA #28895 Date
CNILS
U H
No.28M
GIslEP��@��
SS/ONALE . Proof that there is no reasonable alternative location outside the
Non-ante and/or Non-Discharge Buffer Zones, whichever is applicable, for any
discharge, structure, or activity, associated with the proposed use to occur:
The proposal locates the structures to the greatest extent away from the
Lake and all water resources on the site.
(v). Evidence of approval by the Mass. DEP of any industrial wastewater
treatment or disposal system or any wastewater treatment of system fifteen
thousand(15,000)gallons per day capacity.
This item is not applicable to the site
(vi). Evidence that all on-site operations including, but not limited to,
construction, waste water disposal, fertilizer applications and septic systems will
not create concentrations of nitrogen in groundwater, greater than the Federal
limit at the down gradient property boundary.
5
h Provisions shall be made to protect against toxic or hazardous material
discharge or loss resulting from corrosion, accidental damage, spillage or
vandalism through measures such as spill control provisions in the vicinity of
chemical or fuel delivery points; etc..
Although no direct use of toxic or hazardous materials is proposed
with this project, steps will be maintained to limit the impact of the use
construction equipment and associated construction activities.
- Prior to the start of construction, sedimentation control devices will be
installed at the limit of work line.
- Temporary stockpile areas are designated on the site plan.
Accepted engineering and construction standards and procedures will
be followed in the completion of the project.
- The contractor will take all steps necessary to control dust onsite so
that adverse effects on the adjacent buffer areas do not occur..
- Any fill used in connection with this project will be clean fill, containing
no trash, refuse, rubbish or debris.
All waste generated by or associated with the construction activity will
be contained within the limit of work, and away from the sensitive buffer
areas. There will be no burying of spent construction materials or disposal
of waste on the site by any other means. The applicant will maintain
dumpsters (or other suitable means) at the site for storage and removal of
such spent construction materials off-site.
- During work on this project, there will be no discharge or spillage of fuel,
or other pollutants into any sensitive area.
i. For any toxic or hazardous waste to be produced in quantities greater
that those associated with normal household use ...
The applicant does not propose to produce toxic or hazardous waste in
any quantities greater that those associated with normal household use.
7
TEST PIT RESULTS
DATE OF TESTS: 5/3/11
SOIL EVALUATOR: DANIEL O'CONNELL, CHRISTIANSEN 8 SERGI, INC.
TEST PIT 1 :
0 -9" A: 10YR3/3 FINE SANDY LOAM,
GRANULAR & FRIABLE
9 -38' Bw: 2.5Y6/6 FINE SANDY LOAM,
MASSIVE & FRIABLE
38-74" Cl: 2.5Y6/4 STONY FINE TO MEDIUM LOAMY SAND,
SINGLE GRAINED TO GRANULAR, LOOSE TO VERY
FRIABLE, FEW ROOTS TO 55"
NO STANDING OR WEEPING GROUNDWATER
ESHWT @ 55' (MOTTLING)
TOP ELEV. = 159.3
BOTTOM ELEV. = 153.1
ESHWT ELEV. = 154.7
TEST PIT 2:
0-8' A: 10YR3/3 FINE SANDY LOAM,
GRANULAR& FRIABLE
8-40" Bw: 2.5Y6/6 FINE SANDY LOAM,
MASSIVE & FRIABLE
40-80' Cl: 2.5Y6/4 STONY FINE TO MEDIUM LOAMY SAND,
SINGLE GRAINED TO GRANULAR, LOOSE TO VERY
FRIABLE, FEW ROOTS TO 62'
NO STANDING OR WEEPING GROUNDWATER
ESHWT @ 62'(MOTTLING)
TOP ELEV. = 163.0
BOTTOM ELEV. = 156.3
ESHWT ELEV. = 157.8
350 GREAT POND ROAD
LOCATEOIN
NORTH ANDOVER, MA.
Soil Map-Essex County,Massachusetts,Northern Pan
(USDS NRCS Soil Map)
MAP LEGEND MAP INFORMATION
Area of Interest IAOB Very Stant'Spat Map Scale:1:3,890 if fainted on A size(8.5"a 11')sheet.
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Water FeaWrea Survey Area Data: Version B,Aug 11,2008
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TOWN OF NORTH ANDOVER
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ASSESSOR'S MAP 37A LOT 5
SITE PLAN OF LAND WATERSHED
.....m .�«��..�., ,
350 GREAT POND ROAD
SPECIAL
NORTH ANDOVER,MA. PERMIT
SITE PLAN
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DOWNSPOUT AND sroRMT1 �' CHR STIANSEN85ERGl,INC.
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eTown of North Andover
Office of the Planning Department
Community Development and Services Division
1600 Osgood Street
North Andover,Massachusetts 01845
NOTICE OF DECISION—WITHDRAWAL WITHOUT PREJUDICE
Date of Decision: January 17,2012
Application o8 Ismail& Sansli Erhan
350 Great Pond Road
North Andover,MA 01845
Premises Affected: 350 Great Pond Road,North Andover, Assessors Maps 37A,Parcel 5.
HISTORY AND BACKGROUND
On Jane 16, 2011,the applicant applied to the Planning Board for a Watershed Special
Permit to replace an existing residential dwelling with a new dwelling, at 350 Great Pond Road,
within the Non-Disturbance Zone. The applicant applied for and was denied a variance from the
Board of Appeals for the new structure, as required by the town's Zoning Bylaw, Section
4.136(3)(c)(ii)(4).
At the January 16,2012 Planning Board meeting,the applicant requested, in writing, a
Withdrawal Without Prejudice of the Watershed Special Permit application.
Upon a motion made by R. Glover and a second by M. Colantoni at the Planning Board
meeting of January 17,2012,the Board voted unanimously to approve a Withdrawal Without
Prejudice of the Watershed Special Permit Application.
Town of North Andover
Planning Department
l
By:
lith M. Tym9
Town Planner
Dated: January 18, 2012
1G nG Gn33r •«awry,yo< 9/03/239b0 CWISTIANSEN & SE RGI PACE 91/01
TOM of Noah Andover 2211 DEC 5 Pia D
Office of the Planning Department
CemmnnitY Development and Services Division -
P(978)688-9535 1600 Osgood Street
F(978)688-9542 Building 20,Suite 2-36 P•IASG ' iii . '..
North Andover,Mssaachwetts 01845
TO: Phil Christiansen FAX: -7,� - 39
FROM: Jean Enright, Planning Assistant
FAX: 978-688-9542 PHONE: 978-688-9535
Please sign your name and fill in address of premises affected, 511 in current date,
return same to fax 978-688-9542. Thank you.
SDeclal Permit
"_REQUEST FORA CONTINUANCE"
NAME: Phil Christiansen
ADDRESS OF PREMISES AFFECTED: 350 Great Pond Road
PHONE NUMBER:
AREA CODE: 373 —
"I WISH TO REQUEST A CONTINUANCE UNTIL }Ea{3{
THEREFORE WAIVE THE TIME CONSTRAINTS FOR ISSUING OF
ANY ANA/ALL DECISIONS RELATIVE TO ANY(AND ALL PERMITS
OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER,
SI!TE
DAT t (SIGNATURE) "--
ROARDOFAPPEALS688.9541 SU7LDNOWN-9545 CONS F-RVATION 688-9530 HEALT0688-9.500 PLANNING688-9535
Town of North Andover
ZONING BOARD OF APPEALS --
Albert P.Manzi III,Esq.Cbmnnan
Ellen P.McIntyre,MChmmm
Richard)�By.,Esq.C&ok NOV T :
Richard M.Vadtancowt 3i .•,r` . n�
Aaoa'*Mmsbrn
Michael P.Liporto
DPad Koch)c.
�aancHuset
Any appeal shall be filed within(20) Notice of Decision
days after the daze of filing of this Year 2011
notice in the office of the Town Clerk,
r Mass.Gen.L.ch.40A 17 Pro dy at: 350 Great Pond Road North Andover,MA 01845
NAME: Ismail Ethan HEARING(S): 13 Sept 2011 I1 Oct 2011 and
8 November 2011
ADDRESS: 350 Great Pond Road(Map 37A Parcel PETITION: 2011-00813
5),North Andover,MA 01845
The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street,North Andover,
MA on Tuesday, November 8, 2011 at 7:30 PM on the application of Ismail Ethan located at 350 Great Pond
Road(Map 37A Parcel 5),North Andover,MA 01845. Petitioner is requesting a Variance in accordance with the
Watershed Protection Division from Sections 4.136 and 4.136(3xcxii)(3) from the Watershed Protection Division
of the Zoning Bylaws and to raze a single family home to construct a new single family home in the R-1 District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and
were published in the Eagle-Tribune,a newspaper of geneml circulation in the Town of North Andover,on August
30,2011 &September 6,2011.
The following voting members were present:Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,and Richard
M.Vaillancourt. The following Associate members were present:Michael P.Liporto and a non-voting member
present:D.Paul Koch Jr.
Upon a motion by Byers and Second by Vaillancourt, three members of the Board voted to GRANT the Variance
from Sections 4.136 and 4.136(3xcxii)(3)of the Watershed Protection Division in the R-1 District.
The following members voted in favor of the Variance,Richard J.Byers,Richard M. Vaillancourt and Michael P.
Liporto.
Those not in favor to allow the Variance were:Albert P.Manzi and Ellen P.McIntyre,
3-2
The Board finds that the petition of Ismail Erhan,located at 350 Great Pond Road received three votes to grant the
Variance and two votes in opposition and that the application did not receive the required Supermajority of four
votes to grant the Variance.The grounds for denial were because the petitioner did not satisfy the required
circumstances for 4.136 and 4.136(3)(c)(ii)(3)and relating to soil conditions,shape or topography as required by
G.L.Chapter 40A,Section 10. The Board finds that the petition for Ismail Erhan located at 350 Great Pond Road
did not receive the required supermajorlty of four votes,so the Variance was denied.
r
Nnrt Andovernvf_dA 7zr=
ing apard of App Is
AIb P.Manzi 111,Esq.,Chairman
en P.McIntyre, Vice-Chairman
Richard J.Byers,Esq.,Clerk
Richard M.Vaillancourt
Decision 2011-008B Michael P.Liporto
Page 1 of I
Town of North Andover
ZONING BOARD OF APPEALS__
Albert P.Manzi Ill,Esq.Cbamear
Ellen P.McIntyre,Vi.-Chsmrav
Richard J.Byers,Esq.Cork Ge FOFTM ,NO 2011 NOV 22 Ph 1: 59
Richard M.Vvllanmurt p+ ^ a<
A,arame Members p -
hhchacl P.Liporto
D Paul Kcch Jr.
SS�CIa15k
Any appeal shall be filed within(20) Notice of Decision
days after the date of filing of this Year 2011
notice in the office of the Town Clerk,
r Mass.Gen.L.ch.40A, §17 Prort at:350 Gres,Pond Road North Andover,MA 01945
NAME: Ismail Erhan HEARING(S): 13 Scpt 2011, l l Oct 2011 end
S November 2011
ADDRESS: 350 Great Pond Road(Map 37A Parcel PETITION: 2011-OOSA
5),North Andover,MA 01845
The North Andover Board of Appeals held a public hearing at the Town Hall at 120 Main Street,North Andover,
MA on Tuesday,November 8th , 2011 at 7:30 PM on the application of Ismail Erhan located at 350 Great Pond
Road(Map 37A Parcel 5), North Andover, MA 01845. Petitioner is requesting a Special Permit to raze a single
family home and to construct a new single family home in the R-1 District. The Petitioner's application recited
Section 4.136(3)(c)(iix4)of the Bylaws.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and
were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on August
30,2011 &September 6,2011.
The following voting members were present: Albert P.Manzi 111,Ellen P.McIntyre,Richard J.Byers,and Richard
M.Vaillancourt. The following Associate members were present:Michael P.Liporto and a non-voting member
present:D.Paul Koch Jr.
Upon a motion by Byers and Second by Vaillancourt, three members of the Board voted to GRANT the Special
Permit pursuant to Sections 9(non conforming use)and 9.2(Alteration or Extensions)of the Zoning Bylaw to raze
a single family home and to construct a new single family home in the R-1 District.
The following members voted in favor of the Special Permit,Richard J.Byers,Richard M.Vaillancourt and Michael
P.Liporto.
Those not in favor to allow the Special Permit were:Albert P.Manzi and Ellen P.McIntyre,
3-2
The Board finds that the Special Permit for the petition of Ismail Ethan,located at 350 Great Pond Road received
three votes to grant the Special Permit and two votes in opposition and that the application did not receive the
required Supermajority of four votes to grant the Special Permit.The grounds for denial were because the petitioner
did not satisfy the required circumstances pursuant to the petition filed,and the Petitioner did not satisfy the
provisions for Section 9 and 9.2 of the Zoning Bylaws and that such a change,or extension or alteration shall be
substantially more detrimental than the existing non-conforming structure. The Board finds that the petition for
Ismail Erhan located at 350 Great Pond Road did not receive the required supermajority of four votes,so the Special
Permit was denied.
AX
VNor Andover Zoning B and of Ap ahs
rt P.Manzi III,Esq.,Chairman
len P.McIntyre Vice-Chairman
Richard J.Byers,Esq.,Clerk
Richard M.Vaillancourt
Decision 2011-008A Michael P.Lip000
Page 1 of 1
Town of North Andover T.CkrkT.Sa.T
ZONING BOARD OF APPEALS %s;.i_„
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.MkBad 9..C'oda
Date
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance
Special Permit
Comprehensive Permit(4013)
Finding
For property located at:
STREET: 3,50 01-c,61 A w Wo -C 12
MAP: 3 � A PARCEL: s
TOWN: North Andover- MA 01845 1
TO MEETING DATE(S):
NAME OF PETITIONER: S A7
SIGNED:
itioner(or tion-Ws representative)
1600 Osgood Street,Building 20-Suite 2-36,Noah Andover,Massachusetts 01845
Phone-978-688-9541 Faz-978-688-9542 Web-www.townornonhandoveccom
TOWN OF NORTH ANDOVER SPECIAL
ZONING BOARD OF APPEALS PERMIT
NAMESMPrt - EP-I*A ✓ _�
ADDRESS OF APPEAL 450 6ie l P K ravmcekrme3amp
Procedure & Requirements for
an Application for a Special STEP 6: SCHEDULING OF HEARING AND
Permit PREPARATION OF LEGAL NOTICE:
Ten (10)copies of the following information must be The Office of the Zoning Board of Appeals schedules the
submitted thirty (3Q)days prior to the first public hearing. applicant for a hearing date and prepares the legal
Failure to submit the required information within the time notice for mailing to the parties in interest(abutters) and
periods prescribed may rvsuit in a dismissal by the for publication in the newspaper. The petitioner is
Zanin Beard of an application as incomplete. notified that the legal notice has been prepared and the
The information herein is an abstract of more specific cost of the Party in Interest fee.
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. The STEP T: DELNERY OF LEGAL NOTICE TO
petitioner will complete items that an. underlined. NEWSPAPER
The petitioner picks up the legal notice from the Office of
STEP 1:ADMINISTRATOR PERMIT DENIAL: the Zoning Board of Appeals and delivers the legal notice
The petitioner applies for a Bwidmg Permit and receivers to the local newspaper for publication.
a Zoning Bylaw Denial form completed by the
Building Commissioner. STEP B: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2 SPECIAL PERMR APPLICATION FORM The petitioner should appear in his/her behalf, or be
Petitioner completes an appiicalion form Io petition the represented by an agent a attorney. In the absence of
Board of Aopsals for a Special Pernit. All infom;ation as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petition,
the information the Board
'R shaft received to the matter by using
completed.
STEP 3: PLAN PREPARATION: STEP 9: DECISION:
Patltion�submits an of fherequired plan information as After the hearing, a copy of the Boards decision will be
cited in Section 10 page 4 of this forth. send to all parties 0 interest Any appeal of the Board's
- decision may be made pursuant to Massachusetts
STEP 4: LIST OF PARTIES IN INTEREST: General Law ch. 40A sec. 17,within twenty(2D)days
The petitioner requests the Assessors Office to compile after the decision is flied with the Town Clerk.
a mtfied fist of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS.
STEP S• SUBMn APPLICATION: The petitioner is responsible for recording certification of
Petitioner submits one(1)original and 10 Xerox copies the decision, Mylar, and any accompanying'plans at the
of all the required informal to the Town Clerk's Office Essex County North Registry of Deeds, 384 Merrimack
to be certified by the Town Clerk with the time and date SL, Lawrence MA 01843, and Shan complete the
of filing. The original will be left at the Town Clerk's Certification of Recording form and forward it to the
Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals and the Building Department
Zoning Board of Appeals secretary.
IMPORTANT PHONE NUMBERS: IMPORTANT PHONE NUMBERS:
Office of Community Dev. 6 Services 978-"088-9533 North Andover Town Hall
1600 Osgood Street 120 Main Street
Building 20,Suite 2-36 978-688-9566 Assessor's Office
North Andover, Massachusetts 01845 978-688-9501 Town Clerk
Fax 976-688-9542
978-6884545 Building Department Page 1 of 4
978-BBSA541 Zoning Board of Appeals office
-Page 2 of 4
North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
Please complete all items 1 - 10 on pages 2 through 4:
1. Petitioner. 'Name, `Address and telephone number.
T5__ _ i � Sartlr 6rka/l
'3S'd G� P.,A QoaJ , Ntr Anr2Ver fYla
'The peffioner shad be entered on One legal notice and the deosion as entered above.
2. Ownersof Land: Name, Address, telephone number and number of years under this
ownership:
ZS Mat l S San3IV Cv'rla r�
�bo Greak Po d 2�d l`tor-t�, A lover (11g
Years Owned Land: 3
3. Location of Property.
a. Street 35o V rvaV VW D,00 tl Zoning-District I
b. Assessors: Map Number 37 A Lot Number.. '
c. Registry of Deeds: Book Number f 134 a Page Number. .06
4. General Bylaw Section(s) under which the petition for the Special Permit is made.
gl )36 3ciiy -
`Refer b the Permit Denial and Loring OrdImence Plan Review as supplied by the Bulking Commissioner.
S. Describe the Special Permit request
1 O QCCe$Sor
14.E � F /1P Sino(Q 4c
7
The above description shall be used for the purpose of the legal notice and decision. A more
detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page
4, section 9 of this application.
Page s of a
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
6A. Existing Lot(s): Fmnhge Parking Minimum Lot Setback
Lot Area Open Space Percent Lot Fmnt Side A Side Rear
Sq. PL so,Ft. Coverage Fset Spaces a a,;,o 3q.g aL3.IP 130.a
"o B. Proposed Logs):
Lot S ee Pamkem Lot Frontage Parking Minimum Lot Setback
Sq.FL a Open Pa Feet Spaces Fmrt Side A Side 8 Rear
eir Sq. '°89 Cove +B % aSmjX2 L 30-f" L?9-1
6C. Required Lot (As ra ju sd by Zoning Bylawe S Table Z))
Lot Arae Open Space Percent Lot Fmmage Parking Minimum Lot Setback
Sq.FL SIgFLR Coverage % Feet Spam _ a.... Fmkt SieA Side B Raw
Al )Q Y
7A. Existing Building(s):
Use of Number
Square feet Number of Total Butt. _ of unity'
Square feet Ftocrs Sq.(eel t / I -
aj K& I y�0 Snn 1e CQM I
-- 'Reference Uses from me Zonkng Bylaws d T.able t.
'State number of units in budding.
7B. Proposed BuIlding(s):
SUse of Number
Ground Floor Number of Tafel use
of Units"
Square leaf FROM 0.feel //�� /
3,888 3. 7 S r, )Q Fan��f
'Referenn Uses from the Zpning 3ylaws 6 Table 1.
-Stale number of units in building.
6. Petitioner and Landowner signature(s):
E appfikstion for a SPecal Permit steal be made on this form,which u the official form of tree Z=7 of Appeals. every
appdcaton steal be dried girth tree town Clerk's Olfius. tt s Abe th %idfY'd thCl g B ala
docwnerrtatoFaOg -
' pdcffian. TM dated ksrpy of tits app
does not ffisfn- from be Porwbdtty. The petltonar shall be bie a for dFng and hgal
natlfiration. mpfnnacisZo g .1 of is .
as incarsplete.
Sianature
Type above rame(s) here �� LrUS —
arr-l.jHL VtKMII
9. WRITTEN DOCUMENTATION In One(1) Mylar,with one block for Registry Use
Application for a Special Permit must be supported by a Only, and one block for five(5)ZBA signatures and date.
legibly written or typed memorandum sating forth in Ell) Plan shall be prepared,stamped and certified by a
detail all facts relied upon. When requesting a Special Registered Professional Land Surveyor Please note
Permit from the requirements of MGLA ch.40A, and the that plans by a Registered Professional Engineer,
North Andover Zoning By-laws, all dimensional Registered Architect, andlor a Registered Landscape
requirements shall be clearly identified and factually Architect may be required for Major Projects.
supported. All points, 1.6, are required to be `10 C. 'Required Features On Plan:
addressed with this application. D Site Orientation shall include:
1. north point
1.The particular use proposed for the land or structure. 2. mining distncgs)
2 The specific site is an appropriate location for such 3. names of streets
use, structure or condition. 4. wadands(if applicable)
3. There will be no nuisance or serious hazard to S. abutters of property, within 300'radius
vehicles or pedestrians. 6. locations of buldngs on adjacent properties
4.Adequate and appropriate facilities will be provided within 50'from applicants proposed structure
for Che proper operation of the proposed use. 7. deed restrictions, easements.
S.The use is in harmony with the purpose and intent of t a) Legend &Graphic Aids shag include:
Zoning Bylaw. 1. Proposed features in solid lines&outlined in red
6. Specific reference and response to the criteria 2. Existing features to be removed in dashed cines
required by the particular Special Permit for which 3. Graphic Scales
this application is made (i.e. the Earth Removal 4. Date of Plan
Special Permit has unique criteria and submittal 5. Title of Plan
requirements.). 6. Names addresses and phone numbers of the
applcard, owner of record, and land surveyor.
1o. PLAN OF LAND 7. Lows.
. Each application to the Zoning Board of Appeals shall be 10 D. Minor Projects
accompanied by the following described plan. Plans Minor projects, such as decks, sheds, and garages,
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty(30)days shat require only the plan information as indicated with
prior to the public hearing before the Zoning Board of an. asterisks('. In some cases further information may
appeals. be required
A set of building elevation plans by a Registered 11. APPLICATION FILING FEES
Architect may be required when the application A Notification fees: Applicant shall provide a check
involves naw construction/a conversiond and/or a or money order to: 'Town of North Andover for the cost
proposed change in use. of first Gass, certified, return receipt x#of all parties in
interest identified in MGLA ch.40A§11 on the abutter's
list for the legal notice check Also, the applicant shall
10 A Major Projects _ supply first class postage stamps x the#of parties of
Major projects are those, which involve one of the interest on the abutter's list for the decision mailing.
following whether existing or proposed: B. Mailing labels:Applicant shall provide four(4)
1) five or more parking spaces, sets of mailing labels no larger than 1'x2-5l8'(3 copies
11) three (3)or more dwelling units, for the Legal mailing and one copy for the Decision
IIn 2000 square feet of building area. .mailing).
C. See 2005 Revised Fee Schedule.
Major Projects shall require that in addition to the above
features, pians must show detailed utilities, sols, and Z>ID A Special Permit once granted by the ZBA will
topographic information. lapse in 2 (two)years N not exercised and a new
petftion must be submitted. ®®
'10. B. "Plan Specifications:
I) Size of plan: Ten (iD ) paper copies of a plan not
to exceed i 1'x1 T, preferred scale of 1"=40'
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This certifies that the names aPPearing an the
records of the Assessory Office as of
—' —/
O /'
Certlfled by.
CS' CHRISTIANSEN & SERGI, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
180 SUMMER STREET,HAVERHILL,MA 01830
tel 978-373-0310 wwx.csi-engr.c fax 978-372-3980
Date: August 11, 2011
To: Town of North Andover Zoning Board of Appeals
From: Mike Capachietti
Re: 350 Great Pond Road —Special
CC: File
1) Overview
The proposed site is an existing 85,440 S.F. lot in the R1 zone that currently contains an
existing 2,346 S.F. one-story single-family house and detached garage. The lot abuts Lake
Cochichewick and is located within the Watershed Protection District(WPD).The existing
house is located within the 250' Non-Disturbance Zone per the WPD bylaw. The applicant
proposes the razing of the existing house and garage, followed by the construction of a new
single family house(3,888 S.F.foundation).The new structure would be constructed in the
same area as the existing house and would not further encroach the buffer zone in the
direction of Lake Cochichewick.
2) Special Permit
The applicant is seeking a special permit from the requirements of MGLA ch. 40A Section
10.4 and the North Andover Zoning By-laws; addressing the required points as follows:
1) The particular use proposed for the land w structure.
a. The use is proposed as a single family home,which is allowed in the
district and what currently exists on the property.
2) The specific site is an appropriate location for such use, structure or condition.
a. The use is proposed as a single family home,which is allowed in the
district and what currently exists on the property.The proposed house
is to be located in the same area as the existing house is located.
3) There will be no nuisance or serious hazard to vehicles or pedestrians.
a. There will be no additional impacts to traffic as a single family house
anent resides on the lot and the existing driveway entrance will
continue to be used. The proposed house is to be located
approximately 245'from the Great Pond Rd rightvf-way and will not
result in any nuisance or serious hazard to vehicles or pedestrians.
4) Adequate and appropriate facilities will be provided for the proper operation of
the proposed use.
a. The lot is currently serviced by Town water and sewer and the
existing services will be tied into the new house.
5) The use is in harmony with the purpose and intent of the Zoning Bylaw.
a. The proposed use is in harmony with the purpose and intent of the
Zoning Bylaw as it currently houses a single family home, which is
allowed per the use regulations of the R1 zone.The surround lots are
developed and are also located within the WPD.
6) Specific reference and response to the criteria required by the particular
Special Permit for which this application is made.
a. The applicant seeks a special permit from Town of North Andover
Zoning Bylaw section 4.136 3cii4,which states that a Special Permit
is needed for"Replacement of any permanent structure"within the
WPD. The applicant will go before the North Andover Planning Board
to meet any requirements and requests they have for construction
within the WPD.
Page 2
N
o°> Zoning Bylaw Review Form
Town Of North Andover Building Department
w 1600 Osgood St. Bldg 20 Suite 2-36
North Andover, MA. 01845
Phone 978-688-9545 Fax 978.688-9542
Street: 350 Great Pond Road
Ma /Lot: Ma 37A/LotS
Applicant: Ismail Erhan
Request: Demolish Existin I Construct a New Sin le Famil .
Date: Aug17 2011
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zonin R1
Item Notes Item Notes
A I Lot Area F Frontage
1 1 Lot area Insufficient X I Fronts a Insufficient
2 1 Lot Area Preexistin X 2 Fronts a Complies X
3 Lot Area Complies 3 Preexistin fronts e
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed X G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting2 Com lies X
4 Special Permit Required 3 Preexistin CBA
5 Insufficient Information 4 lnsuffcient Information
C Setback H Building Height
1 All setbacks comply X 1 Hei ht Exceeds Maximum
2 Front Insufficient 2 Complies X
3 Left Side Insufficient 3 Preexisting Height
4 Ri ht Side Insufficient _ 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexistingsetbacks 1 Coverage exceeds maximum
7 Insufficient Information 2 —Coverage Complies X
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed X j Sign
3 Lot prior to 10/24/94 1 Sign not allowed NIA
4 Zone to be Determined 2 Sign Complies
5 lnsuffcient Information X 3 Insufficient Information
E Historic District K Parking
1 In District review required 1 More Parking Required
2 Not in district X 2 -P-a—rking complies X
3 Insufficient Information 3 Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
Item# I Special Permits Planning Board Item# Variance
Site Plan Review Special Permit Setback Variance
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit X Variance for Watershed
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Eldedy Housing Special Permit Special Permit Non-Confonning Use ZBA
Lar a Estate Condo Special Permit Fann Removal special Permit ZBA
Planned Development District Special Permit Sectal Permit Use not Listed but Similar
Planned Residential Special Permit S ecial Penni for Si n
R-6 Density Special Permit Snecial mermit Ger nreavistinn
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property indicated on the reverse side:
Item Reasons for
Reference
Section
9 Non conforming use
9.2 Alteration or Extension-Special Permit by Board of Appeals
4.136 Watershed Protection Division
4.136c ii(3) Construction of a new permanent structure only after a Variance has been
granted by the Zoning Board of Appeals
Referred To:
Fire Health
Police X Zoning Board
X Conservation
Department of Public Works
Y planninn I I Hiefnnnnl r mmiadnn
�. > :•p Town of North Andover
2UI I AUG 2 AH 10� 41
Office of the Planning Department
Community Development and Services Division kORTH p,
P(978)688-9535 1600 Osgood Street
F(978)688-9542 Building 20,Suite 2-36
North Andover,Massachusetts 01845
TO: C���5�>a/lhe�t FAX:
FROM: Jean Enright, Planning Assistant
FAX: 978-688-9542 PHONE: 978-688-9535
Please sign your name and fill in address of premises affected, fill in current date,
return same to fax 978-688-9542. Thank you.
SDecial Permit
"REQUEST FOR A CONTINUANCE"
N E: /1
'34
ADDRESS OF P�RWES e�FFEC�'E
Phi ons Oa�
PHONE NUMBER:
AREA CODE: ( )
"I WISH TO REQUEST A CONTINUANCE UNTIL
THEREFORE WAIVE THE TIME CONSTRAINTS FOR ISSUING OF
ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS
OF THE PLANNING BOARD FOR THE TOWN OF N H DO
MA."
SIGNED BY PETITIONER OR REPRESENTA
s
(SIGNATURE)
DA /
(MLL IN CURRENT DATE)
BOARD OF APPEALS 686-9541 BUILDING 688-9545 CONSERVATION 688-9530 BEALTH 688-9540 PLANNING 6884535
Pft- Fwm
2011 JUN 16 PH 3: 06
==Maaa
PLANNING DEPARTMENT
Community Development Division
Special Permit— Watershed Permit Application
Please type or print clearly.
1.Petitioner: Ismail &Sansh Erhan
Petitioner's Address:350 Great Pond Road
Telephone number: 603531-3280
2.Owners of the Land: Same as above
Address:
Number of years of ownership:2.3 -
3.Year lot was created: 1964
4. Is the lot currently on septic or sewer?
If on sewer,please provide date the sewer connection was
completed:The lot is serviced by sewer and was connected in 1990.
5. Description of Proposed Project:
Modification to an existing single family home; Construction of a 1,542 S.F.addition to the
existing structure in combination razing of an existing accessory structure(garage)and
asswated grading.All work is within the Non-Disturbance Zone Buffer(250')but outside of the
100'Wetland Buffer Zone.
6. Description of Premises: Single family lot abutting Lack Cochichewick
7.Address of Property Being Affected:350 Great Pond Road
Zoning District: Rt
Assessors Map: 37A Lot t:5
Registry of Deeds:Book 4: 11392 Page 4:0026
8. Existing Lot
Lot Area(Sq.FQ: 85.440 Building Height:� 35'
Street Frontage:1W Side Setbacks: 39.8'
Front Setback:2729' Rear Setback: 1292'
Floor Area Ratio:WA Lot Coverage: N/A
9.Proposed Lot(if applicable):
Lot Area(Sq.FQ:85,440 Building Height:35'
Street Frontage: 180' Side Setbacks; 30.5'
Page I of 2
1600 Osgood Street,North Andover,0149.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 8/6/07
Front Setback:245.4' Rear Setback:128.7'
Floor Area Ratio:N/A Lot Coverage: N/A
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.FU:87,1220 Building Height. ' 35'
Street Frontage: 176Side Setbacks:30'
Front Setback: 30'.. - _ Rear Setback: 30'
Floor Area Ratio:N/A Lot Coverage: NIA
11. Existing Building(d applicable):
Ground Floor I FL):2,346 d of Floors: 1
Total 4 Ft:2, Height: ' 35'
Use:Single family home Type of Construction:Wood frame
12. Proposed Building:
Ground Floor(Sq FL): 3,888 M of Floors:2
Total Sq. FL 7.776 _ Height: 35'
Use:Single family home Type of Construction:Woof frame
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises?No H so,when and for what type of construction?
14. Section of Zoning Bylaw that Special Permit Is Being
Requested4.136.3
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
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 incomple .
Petitioner's Signature, _.;�/'
Pont or type name here: ISM G E
Owner's Signature: Po..,,...;
Print or type name here. ' . ISA.4v2 E�NH
16.Please list title of plans and documents you will be attaching to this application.
Watershed Special Permit Plan for 350 Great Pond Road
Page 1 of 4
1600 Osgood Street,North Andover,Bldg.20,Suite 4 36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9544 Web www.lownoinorthandover.com
Edited 8,/6,/07
WATERSHED SPECIAL PERMIT APPLICATION
ERHAN RESIDENCE
LOCATED AT 350 GREAT POND ROAD
IN
NORTH ANDOVER, MASSACHUSETTS
PREPARED FOR:
ISMAIL ERHAN
350 GREAT POND ROAD
NORTH ANDOVER, MASSACHUSETTS 01845
JUNE 17,2011
PREPARED BY:
(f CHRISTIANINEN & SERG , INC
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMER STREET,HAVERHILL.NIA01830
tel:978-373-0310 wxw.csiengr.Com fax 9]8-3]2J960
TABLE OF CONTENTS:
SPECIAL PERMIT-WATERSHED PERMIT APPLICATION FORM
CERTIFIED ABUTTER LIST
WRITTEN DOCUMENTATION
I. Site Description
II. Project Description
III. Written Documentation
LIST OF FIGURES:
- Figure 1: USGS Locus Map
- Figure 2: Soils Maps and Test Pit Results
- Figure 3: Town of North Andover Zoning Map
- Figure 4: Flood Insurance Rate Map
PLANS:
'Watershed Special Permit Plan for 350 Great Pond Road," located in North
Andover, MA" prepared by Christiansen & Sergi, Inc. dated 6/17/2011.
I. Site Description:
The subject parcel is located at 350 Great Pond Road. The parcel is
approximately 1.97 acres in land area and was created 1964 identified as
Assessor's Ref Map 37A, Parcel 5. Deed is recorded at North Essex Registry
Book 11392, Page 0026.
The USGS locus map for this site is shown on the attached Figure 1.
Figure 2 provides USDA NCRS data for the site area and results of test
pits dated May 5, 2011.
The subject parcel is wholly located within the Town of North Andover
Watershed Protection overlay zoning district as depicted on Figure 3: Town of
North Andover Zoning Map. As such, the parcel is subject to the requirements
set forth in Section 4.136 of the Town of North Andover Zoning By-Laws.
The subject parcel is not located in a special Flood hazard Area
on Flood Insurance Rate Map Community Panel No. 250098 0003C and 0006C,
as depicted on Figure 4.
it. Proiect Description:
The applicant seeks to remodel an existing single family home and
associated landscaping at 350 Great Pond Road, in North Andover within the
Watershed Protection District. The site now has an existing home, gravel
driveway and detached garage within the Non-Disturbance Buffer Zone.
All work for the proposed application is located outside the Watershed
Protection District's Conservation Zone to Lake Cochichewick and its
associated BVW.
Ill. Written Documentation:
In accordance with the Town of North Andover Planning Department's "General
Requirements to Be Met for Obtaining a Watershed Special Permit" the
applicant offers the following information:
1) Encouraging the most appropriate use of land:
The site is in a residential zone (R1), and the proposed project is in
accordance with the requirements set forth in the zoning bylaw. The project has
been designed to minimize disturbance to the site, impact to the water resources,
and the neighborhood.
2) Preventing overcrowding of land:
The site will continue in its use as a single family residence.
3) Conserving the value of land and buildings:
The proposal should enhance the value of the property and the
surrounding buildings and land. Diligent upkeep of the property and yard will
continue to provide an aesthetically pleasing environment.
4) Lessening congestion of traffic:
The proposal calls for the adequate parking for the homeowners and
guests.
5) Lessening undue concentrations of population:
This proposal does not cause any change to the Town's population.
6) Provides adequate light and air:
7)
There will be no adverse impact to current background of air and light for
the structure.
8) Reducing the hazards from fire and other danger
The proposal does not pose additional hazards from fire or other dangers.
9) Assisting in the economical provision of transportation, water, sewage,
schools, parks and other public facilities:
The proposal will increase the tax revenue for the town to support these
public facilities and utilities.
10) Controlling the use of bodies of water, including watercourses:
The proposal will not have a negative impact on the present uses of the
Lake or the tributaries.
11) Reducing the probability of losses resulting from floods:
Roof runoff from the proposed structures will be infiltrated on site. Runoff
from the asphalt driveway will be treated and infiltrated on site in accordance with
regulations to ensure the quality and quantity of all surface and groundwater
resources.
11) Reserving and increasing the amenities of the Town:
The project will increase the amenities of the town through an
improvement to the property and additional tax revenue due to the new
construction assessment.
In accordance with section 10.31 of Town of North Andover Zoning By.
Laws the applicant offers the following information:
a. The specific site is an appropriate location for such a use, structure or
condition:
The subject property is located within the Rt zoning district and currently
occupied by an existing single family residence. The proposal meets all
the Zoning requirements for R1 for frontage and set backs. The attached
site plan demonstrates a suitable use of land and buildings on this site.
b. The use as developed will not adversely affect the neighborhood:
The land use associated with the abutting parcels is single family
residence within the R1 zoning district.
c. There will be no nuisance or serious hazard to vehicles or pedestrians:
No nuisance or serious hazard to vehicles or pedestrians will be
introduced by the construction of the proposed roadway, houses and
appurtenances.
d. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use:
The applicant is amenable to conditions on the Watershed Special Permit
to ensure that there will be proper operation of the proposed use.
e. The Special Permit Granting Authority shall not grant any Special
permit unless they make specific finding that the use is in harmony with the
general purpose and intent of this Bylaw:
The applicant requests that the Town of North Andover Planning Board
acting as the Special Permit Granting Authority for the Watershed Special
Permit find this petition is in harmony with the general purpose and intent
of this Bylaw.
In accordance with the Town of North Andover Zoning Bylaw,
"Section 4.136.4.(c-1) Special Permit Requirements": the applicant offers
the following information:
c. An application for a Special Permit under this Section shall include the
following information:
(i) Application Form— included in this package.
(ii) Plan Details— refer to attached Site Plan.
(iii); Written certification by a registered Professional Engineer, or other
scientist educated in and possessing extensive experience in the science of
hydrology and hydrogeology, stating that there will not be any significant
degradation of the quality or quantity of water in or entering Lake Cochichewick.
I, Philip G. Christiansen, hereby certify that the work depicted on
"Watershed Special Permit Site Plan of Land for"350 Great Pond Road" in
North Andover, MA" dated June 17, 2011 prepared by Christiansen &
VI OF i, In yvi�not, a ge dosed, contribute to any significant degradation
yt / or t( of water in or enteringLake Cochichewick.
PHILIP G.
" CHRISTIANSEI
No 288 1 Ip G. Christiansen, P.E. MA#28895 Date
r
(iv). Proof that there is no reasonable alternative location outside the Non-
Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable, for any
discharge, structure, or activity, associated with the proposed use to occur.,
The proposal locates the structures to the greatest extent away from the
Lake and all water resources on the site.
(v). Evidence of approval by the Mass. DEP of any industrial wastewater
treatment or disposal system or any wastewater treatment of system fifteen
thousand(15,000) gallons per day capacity.
This item is not applicable to the site
(vi). Evidence that all on-site operations including, but not limited to,
construction, waste water disposal, fertilizer applications and septic systems will
not create concentrations of nitrogen in groundwater, greater than the Federal
limit at the down gradient property boundary.
The proposal will tie into the existing sewer system. Fertilizer, when used
on the property, will be slow release.
(vii). Projections of down gradient concentrations of nitrogen, phosphorus
and other chemicals at property boundaries and other locations deemed
pertinent by the SPGA:
There will be no down gradient concentration of nitrogen and phosphorus
due to the proposed work.
d. The SPGA may also require that supporting materials be prepared by
other professionals including, but not limited to, a registered architect, registered
landscape architect, registered land surveyor, registered sanitarian, biologist,
geologist, or hydrologist, when in its judgment the complexity of the proposed
work warrantees the relevant specific expertise:
The applicant will supply additional information as requested by the
SPGA.
e. Special Permits under this section shall be granted only if the SPGA
determines, after the time of comment by other Town agencies as specked
above has elapsed, that as a result of the proposed use 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 applicant has given the design of this project the highest priority to
ensure there will not be any significant degradation of the quality or
quantity of water in or entering the Lake. The location of the proposed
dwelling has been chosen to minimize to the greatest extent possible the
encroachment in the various zones established to protect the waters of the
lake, the Town's drinking water supply.
f. Construction within the Non-Disturbance Buffer Zone:
The existing and modified buildings are within the Non-Disturbance Buffer
Zone.
g. Within the Non-Disturbance Zone and Non-Discharge Buffer Zone,
any runoff from impervious surfaces shall, to the extent possible, be recharged
on site and diverted toward areas covered with vegetation for surface infiltration.
Applicant proposes use of downspout roof infiltration and
stormwater drainage from driveway will be directed to the vegetated areas
of the property.
h Provisions shall be made to protect against toxic or hazardous material
discharge or loss resulting from corrosion, accidental damage, spillage or
vandalism through measures such as spill control provisions in the vicinity of
chemical or fuel delivery points; etc..
Although no direct use of toxic or hazardous materials is proposed
with this project, steps will be maintained to limit the impact of the use
construction equipment and associated construction activities.
Prior to the start of construction, sedimentation control devices will be
installed at the limit of work line.
Temporary stockpile areas are designated on the site plan.
- Accepted engineering and construction standards and procedures will
be followed in the completion of the project.
The contractor will take all steps necessary to control dust onsite so
that adverse effects on the adjacent buffer areas do not occur..
- Any fill used in connection with this project will be clean fill, containing
no trash, refuse, rubbish or debris.
- All waste generated by or associated with the construction activity will
be contained within the limit of work, and away from the sensitive buffer
areas. There will be no burying of spent construction materials or disposal
of waste on the site by any other means. The applicant will maintain
dumpsters (or other suitable means) at the site for storage and removal of
such spent construction materials off-site.
- During work on this project, there will be no discharge or spillage of fuel,
or other pollutants into any sensitive area.
i. For any toxic or hazardous waste to be produced in quantities greater
that those associated with normal household use ...
The applicant does not propose to produce toxic or hazardous waste in
any quantities greater that those associated with normal household use.
f 34 5 r "�
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Pum
Ip
$30 Gr t Pond Road
480 _
ACE
• � e
/ _ \
Name:LAWRENCE Location: 042°41' 19.89' N 071'05'54.41" W
Date: 5/20/2011 Caption:350 Great Pond Road
Scale: 1 inch equals 1000 feet North Andover, MA
Capy+pM(C)1990,IAaDIa[R Iz.
TEST PIT RESULTS
DATE OF TESTS: 5/3111
SOIL EVALUATOR: DANIEL O'CONNELL, CHRISTIANSEN 8 SERGI, INC.
TEST PIT 1:
0 -9' A: 10YR3/3 FINE SANDY LOAM,
GRANULAR & FRIABLE
9 -38' Bw. 2.SY6/6 FINE SANDY LOAM,
MASSIVE& FRIABLE
38 -74' Cl: 2.5Y6/4 STONY FINE TO MEDIUM LOAMY SAND,
SINGLE GRAINED TO GRANULAR LOOSE TO VERY
FRIABLE, FEW ROOTS TO 55'
NO STANDING OR WEEPING GROUNDWATER
ESHWT @ 55'(MOTTLING)
TOP ELEV. = 159.3
BOTTOM ELEV. = 153.1
ESHWT ELEV. = 154.7
TEST PIT 2:
0 -81 A: 10YR3/3 FINE SANDY LOAM,
GRANULAR& FRIABLE
8 -40' Bw: 2.5Y6/6 FINE SANDY LOAM,
MASSIVE 8 FRIABLE
40 -80' Cl: 2.SY6/4 STONY FINE TO MEDIUM LOAMY SAND,
SINGLE GRAINED TO GRANULAR, LOOSE TO VERY
FRIABLE, FEW ROOTS TO 62'
NO STANDING OR WEEPING GROUNDWATER
ESHWT @ 62' (MOTTLING)
TOP ELEV. = 163.0
BOTTOM ELEV. = 156.3
ESHWT ELEV. = 157.8
350 GREAT POND ROAD
LOCATED IN
NORTH ANDOVER, MA.
Soil Map— ssex County Massaohuaette Noohern Pao
(USDS%RCS Soil Map)
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