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Home My WebLink AboutDecision - 129 WINTER STREET 7/15/2014 08-13-2014- 11 :: :30o- NORTHERN ESSEX h� G REGISTRY OF DEEDS ys ! A division of the Secretary of the Commonwealth k M.Pau]Iannuccillo Register DOCUMFEAT COVER SHEET For use with documents that do not meet Document formatting standards This is the first page of this document—Do not remove PRINT OR TYPE DOCUMENT TYPE: �e5ZAf NUMBER OF PAGES (in Iudin cover sheet) TOWN: P PROPERTY ADDRESS: INDEXING SHALL BE ABSTRACTED FROM THE DOCUMENT SUBMITTED Bk 13944 Pg284 #17586 This Is to certify thatuenty(24)days Have elapsed from date of decision,flied wittw t Hof an {�pea1. Via/ NOa7N Town of North Andover JoyoeA. dehaw 'Town Clerk ' Office of the Planning Department Community Development and Services Division 1600 Osgood Street 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: July 15,2014 Date of Hearings: July 1,2014 and July 15,2014 Date of Decision: July 15,2014 Petition of-. Salvatore A.Messina,129 Winter Street,North Andover,Ma 01845 Premises Affected: 129 Winter Street,North Andover,Massachusetts,01845. Assessor's Map 103, Parcel 118 and located in the Residential 1 Zoning District. The above petition for a Watershed Special Permit is in accordance to the requirements of the North Andover Zoning Bylaw,Sections 4.136 and 10.3. This petition is to allow the construction of a 416 sq, ft. addition to the rear of the garage and the installation of 2' x 2' stone drip trench on two sides of the addition within the Non-Discharge Zone of the Watershed Protection District. After a Public Hearing given on the above date,and upon a motion by Lynn Rudnicki and 2"'by D.Kellogg to APPROVE the Special Permit for the Watershed Protection District,as amended and based upon the following conditions.Vote was 5-0, unanimous in favor of the application. Planning Board John Simons,Chairman Lora McSherry Dave Kellogg Michael Colantoni . tCtltrrr • Lynne Rudnicki \t` ' \A->l i'17" 1' 'i ol:., • ,A.'!'tcae Copy. 4'. � Bk 13944 Pg285 #17586 129 Winter Street,Map 103,Parcel 118 Watershed Special Permit—Addition July 15,2014 The Public Hearing on the above referenced application was opened on July 1, 2014, no evidence was heard, and was continued until July 15, 2015. The public hearing was closed by the North Andover Planning Board on July 15,2014. On July 15, 2014, upon a motion made by L. Rudnicki and seconded by D. Kellogg to GRANT a Watershed Special Permit to allow the construction of 416 sq. ft.addition to the rear of the garage and the installation of 2'x 2' stone drip trench on two sides of the addition within the Non-Discharge Zone of the Watershed Protection District, This Special Permit was requested by Salvatore A. Messina, 129 Winter Street, North Andover, MA 01845 on May 21, 2014. 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 this decision. The Planning Board vote was unanimous. 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 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 is met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction with other uses nearby,the Board has determined there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The final design reflects adequate safeguards to mitigate pollutants from entering Lake Cochichewick. The 416 sq, ft. addition is approximately 150' from a tributary wetland to the Lake. The proposed construction complies with Best Management Practices for erosion,siltation,and stonnwater control. The Planning Board bases this finding on the following facts: a) The construction has been reviewed by Town Staff, and with the application of erosion control measures the proposed project will not result in any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. b) The new project will create approximately 416 sq.ft. of new impervious area. Stormwater runoff associated with the new impervious surface will be routed to a stone drip trench to promote groundwater recharge. c) Fertilizers will be limited to those which are either organic or slow-release nitrogen and phosphorous-free. The use of coal tar-based pavement sealants is prohibited. These restrictions will be noted do the deed. d) The existing structure is connected to the Town sewer and water systems. 2) The existing lot complies with the current Zoning Bylaw with regard to frontage,and acreage. The lot was created before 1994 and is not subject to the Conservation Zone, as described in section 4.136.2 Table 1. 2 Bk 13944 Pg286 #17586 129 Winter Street,Map 103,Parcel IIS Watershed Special Permit—Addition July 15,2014 3) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The location is appropriate for the proposed use as the wetlands delineation reviewed and approved by the Town of North Andover Conservation staff. 2) The proposed addition will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 239 acre parcel of land with frontage on Winter Street as shown on Assessors Map 103,Parcel 118,and also known as 129 Winter Street,North Andover, Massachusetts. b) The"Plans"refer to the plans prepared by Joseph J.,Serwatka,P.E.,dated May 16,2014,entitled "Permit Site Plan 129 Winter Street North Andover,MA". "Project"or"129 Winter Street"refers to the construction of 416 sq.ft.addition to the rear of the garage and the installation of 2'x 2' stone drip trench on two sides of the addition,within the Non-Discharge Zone of the Watershed Protection District. d) The"Applicant"refers to Salvatore A.Messina,the applicant for the Watershed Special Permit. 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) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. The use of coal tar-based pavement sealants is prohibited.This restriction will be noted on the deed. 4) Prior to any work performed on the site,the applicant must conform with the following: a) A bond in the amount of four thousand dollars ($4,000.00) shall be posted for the purpose of insuring that the site is constructed in accordance with the approved plan and that a final as-built Bk 13944 Pg287 #17586 129 Winter Street,Map 103,Parcel 118 Watershed Special Permit—Addition July 15,2014 plan is provided, showing the Iocation of the addition. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. b) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous- free. The use of coal tar-based pavement sealants is prohibited. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. d) A pre-construction meeting must be held with the developer, their construction employees, and Planning Department(and other applicable departments)to discuss scheduling of inspections to be conducted on the project and the construction schedule. 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 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 applicant must also submit a letter from the architect and engineer of the project stating that the addition and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 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. 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 Special Permit approval shall be deemed to have lapsed July 15, 2016 (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, 10)This decision must be recorded with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: "Permit Site Plan 129 Winter Street North Andover,MX' Prepared for: Salvatore A.Messina 129 Winter Street North Andover,MA 01845 Prepared by: Joseph J. Servatka,P.E. 4 13k 13944 Pg288 #17586 129 Winter Street,Map 103,Parcel 118 Watershed Special Permit—Addition July 15,2014 65 Bailey's Court Haverhill,Ma 01832 Date: May 16,2014 Sheets: 1 Scale: Sheet 1: I"=40' cc: Town Engineer Building Inspector Conservation Administrator Applicant Assessor's Office File S f Bk 13944 Pg289 #17586 PERMIT SITE PLAN 129 WINTER STREET NORTH ANDOVER,MA SCALE:1"=40' MAY 16,2014 JOSEPH J.SERWATKA,P.E. 65 BAILEY'S COURT HAVERHILL,MA 01832 978-314-8731 joeserwatka @comcast.net 325'Non-Discharge Zone WINTER STREET i61.65 IRA ,/ DRIVE Z stockpile 0 area prop.16'X 26' garage addition p Spa .0 prop.2'w X 2'd stone 9B i drip edge on both - --" —"—� — — sides of addition WA�4 \ SAWN erosion control line 90 _�'' 100'Non-Disturbance ?�� and Buffer Zone A\ A2\� \ w A5 A7 AS Wetland flags by Julie Vondrak,CWS April,2014 m i � I i rll 0 p I N