HomeMy WebLinkAboutLegal Notice - 369 SALEM STREET 10/27/1999 Town of arch Andover ,,_: , VAORTH
OFFICE OF ft .. i v <�;•o ,,�y
COMMUNITY DEVELOPMENT SERVICEO TO�j °0 t
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30 School Street
WILLIAM J. SCOTT North Andover. Massachusetts 018�45 OCT �� f� � Ac
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Director
NOTICE II
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
Clerk.
Date' October 27, 1997
Date of Hearing October 21, 1997
Petition of Bogusha Duda
Premises affected 369 Salem Street
Referring to the above petition for a special permit from the
requirements of the North Andover Zoning Bylaw Section 4.136
so as to allow to install a new subsurface disposal system in the same
location as the failed system .
After a public hearing given on the above date, the Planning Board
voted to Approve the Special Permit - Watershed
based upon the following conditions:
Signed ` -' 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
File
Interested Parties Planning Board
CONSERVATION 688-9530 HE4LTH 688-9540 PT ANMN(, 688-9535
o n,® North Andover t HORTN
OFFICE OF 3?0 "" " 6
COMMUNITY DEVELOPMENT AND SERVICES
30 School Street
WILLIAM J. SCOTT North Andover, Massachusetts 01845 SgcHUS���y
Director
October 27, 1997
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Watershed Special Permit-369 Salem Street
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on Tuesday evening October 21, 1997
at 7:30 p,m. in the Department of Public Works, upon the application of 369 Salem Street, North
Andover, Ma 01845 requesting a special permit under Section 4.136 Paragraph 3 (b) (ii)
Watershed Protection District of the North Andover Zoning Bylaw. The legal notice was
properly advertised in the North Andover Citizen on October 1 and October 8, 1997 and all
parties of interest were duly notified. The following members were present: Richard Rowen,
Chairman, Alison Lescarbeau, Vice Chairman, John-Simons, Clerk, Joseph V. Mahoney and
Richard Nardella.
The petitioner was requesting a special permit to allow to install a new subsurface disposal system
in the same location as the existing failed system.
The premises affected is land numbered 369 Salem Street in the Residential - 2 (R-2) Zoning
District and the Watershed Protection District.
Mr. Simons read the legal notice to open the Public Hearing. Ben Osgood Jr. was present to
represent 369 Salem Street. Mr. Osgood stated that the property has a failed septic system in the
watershed. Mr. Osgood stated that the new system will be in 65' of wetlands in the watershed.
Mr. Osgood stated that they are planning to tie into town sewer as soon as it comes down Salem
Street, but DPW says that won't be until the year 2,000. Mr. Rowen asked if the tank that they
are putting in will only be good for 5 years. Mr. Osgood stated no, it will be good for the life of
the house. Mr. Nardella asked what they have to do for the Board of Health. Ms. Colwell stated
that they need to get waivers from them. Mr. Mahoney asked when does the applicant have to tie
into the sewer once it is brought down Salem Street. Ms. Colwell stated that the Board of Health
requires the applicant tie in within 1 year if they are in the watershed. Ms. Colwell suggest that
the Planning Board hold a bond so we can guarantee that the applicant does tie in as soon as
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
possible. Mr. Nardella asked what the cost would be to bring sewer down Salem Street. Mr.
Osgood stated that it would cost $70,000 - $80,000. Mr. Rowen asked Ms. Colwell to check and
see if the Board of Health is going to make the applicant post a bond because we don't want
them to have to post two bonds.
On a motion by Mr. Simons, seconded by Ms. L;escarbeau, the Board voted unanimously to close
the Public Hearing.
Attached are the conditions.
Sincerely,
a , �
Richard S. Rowen, Chairman
North Andover Planning Board
369 Salem Street
Special Permit ® Watershed Protection District
The Planning Board makes the following findings regarding the application of Bogusha Duda,
369 Salem Street, North Andover, MA 01845, dated September 26, 1997, requesting a Special
Permit under Section 4.136(3)(c) of the North Andover Zoning Bylaw to the replacement of an
existing system within the Non-Disturbance Zone of the Watershed Protection District.
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. 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 existing septic system is failing and is depositing effluent directly into the
groundwater with no treatment. The potential exists for the effluent to travel to
the wetlands and streams which would convey the untreated effluent directly to
Lake Cochichewick.
b) The Town sewer will not reach this property for at least five years and it is cost
prohibitive for the owner to connect to sewer individually.
c) The replacement of the septic system will eliminate the known pollution hazard on
a temporary basis until the sewer is installed in the street by the Town.
d) The new septic system will be raised above the groundwater table so that the
effluent will be treated in the sand below the leach bed prior to it entering the
groundwater.
e) Although the design does not meet the specific requirement of the Bylaw, it does
comply with the guidelines of Title 5 for maximum feasible compliance.
f) The Board of Health and the Conservation Commission will also be reviewing and
approving the septic system prior to construction.
2. That there is no reasonable alternative location outside the Non-Discharge Buffer Zone for
any discharge, structure or activity, associated with the proposed driveway construction as
the lot is located within the Non-Discharge Zone.
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 stormwater 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: Special Permit Site Plan
Lot 5 Great Pond Estates
Saile Way
North Andover, Mass.
Applicant: Eight Meadows Realty Trust
Great Pond Road
North Andover, MA 01845
Scale: 1" =40'
Date: 8/28/97, rev. September 30, 1997
Prepared by: Civil Construction Management Inc.
Merrimac Road, Box 225
Newton, NH 03858
b) Report from : Dennis G. Qunital, PE President
Civil Construction Management Inc.
Dated: July 28, 1997
2. Any changes made to these plans shall be approved by the Town Planner. Any changes
deemed substantial by the Town Planner will require a public hearing and modification by
the Planning Board.
3. Prior to any work on site:
a) A performance guarantee of three thousand five hundred ($3,500) dollars in the
form of a check made out to the Town of North Andover must be posted to insure
that construction will take place in accordance with the plans and the conditions of
this decision and to ensure that the as-built plans will be submitted. This
guarantee will also be held until such time as the existing home is tied into
the Town sewer system.
b) All erosion control measures as shown on the plan must be in place and reviewed
by the Town Planner.
C) The site shall have received all necessary permits and approvals from the North
Andover Conservation Commission, Board of Health, and the Department of
Public Works and be in compliance with the above permits and approvals.
4. Prior to release of the Performance Bond:
a) The applicant must connect the existing home to the Town sewer system
within six (6)'months of the sewer line becoming available to this lot.
b) The applicant shall submit a certified copy of an as-built plan which shows all
construction, including topography, sewer lines, storm water mitigation trenches
and other pertinent site features. This as-built plan shall be submitted to the Town
Planner for approval and shall be stamped by either a Registered Professional Land
Surveyor or Practicing Engineer in Massachusetts.
c) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
5. In no instance shall the applicant's proposed construction be allowed to further impact the
site than as proposed on the plan referenced in Condition# 1.
6. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
7. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
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.
9. This permit shall be deemed to have lapsed after a two (2) year period from the date
1L CITI '% on which the Special Permit was granted unless substantial use or
construction has commenced.
cc. Director of Public Works
Building Inspector
Health Agent
AP-1^ai s'-all be filed ° JOYCE eRAGvItAW
° TOWN CLERK
('0) c'1;�s after the RTH ANDOVER
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V SS4CHUSt. 153
in the Office of the To,.-.!n OCT 20
TOWN OF NORTH ANDOVER
Clerk.
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
369 Salem St.
NAME: John Duda DATE: 10/16/97
ADDRESS: 369 Salem St. PETITION: 031-97
North Andover, MA 01845 HEARING: 10/14/97
The Board of Appeals held a regular meeting on Tuesday evening, October 14, 1997 upon the
application of John Duda, requesting a Variance from the requirements of Section 4.136: of
the Watershed Protection District, paragraph 3C: of the Non-Disturbance Buffer Zone, and (2) °
construction of any septic system, to allow installation of septic system within 100 feet of a
wetland in the watershed district, of the Zoning Bylaws which is in R-3 Zoning District.
The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio,
John Pallone, Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 9/30/97 & 10/6/97 and all abutters
were notified by regular mail.
Upon a motion made by Walter Soule, and seconded by John Pallone, the Board of Appeals
unanimously voted to GRANT relief requested in the applicants petition, section 4.136 of the
Watershed Protection District, Para. 3C: of the Non-Disturbance Buffer Zone and (2);
construction of any septic system, to allow installation of septic system within 100 feet of a
wetland in the watershed district of the Zoning Bylaws, and on the grounds that the Board of
Health approve the system.
Voting in favor: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, John Pallone, Ellen
McIntyre.
The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw
and that the granting of these variances will not adversely affect the neighborhood or derogate
from the intent and purpose of the Zoning Bylaw.
Note: The granting of the Variance and/or Special Permit as requested by the applicant
does not necessarily ensure the granting of a Building
by all applicable local, state and federal and building des and d gulat regulations, prior to the abide
Issuance of a building permit as requested by the Building Commission.
BOARD OF APPEALS
/decoct
�CC<i� �1G�'LL'ttw ')tic J
William J. ullivan, Chairman