HomeMy WebLinkAboutDecision - 15 TIMBER LANE 8/22/2007 Bk 11251 P-al, 1,8626
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Office of the Planning Department
Division of Community Development 2001 AUG 2 7 P19 14: GO
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SA US 1600 Osgood Street T(',,V 110 F
North Andover,Massachusetts 01845 NUR FIq id-MOVE",t
This Is to certify that twenty(20)days CIA S S A C 1U 1, T S.
have elapsed from date Of decision,filed
without filing of an appeal.
Date,
Joyce
A,Bradshaw NOTICE OF DECISION
Town Clerk
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: August 22, 2007
Date of Hearings: July 17, 2007, August 7, 2007,
August 21, 2007
Date of Decision: August 21, 2007
Petition of. H. David & Allyson Fournier, 15 Timber Lane,North Andover,MA 01845
Premises Affected: 15 Timber Lane,North Andover,VIA 01845,Assessor's Map 64,Parcel 38,
. within the Residential I Zoning District.
Refening'to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, Section 4.136.
So as to allow: to raze existing single-family dwelling and construct a new 9,600 s.f single-family
residential dwelling, attached garage and deck, 29 ft. x 60 ft, pool, installation of underground utilities,
and grading work, and other improvement within the Non-Disturbance and Non-Dischargc Zones of
the Watershed Protection District.
After a public hearing given on the above date, the Planning Board voted to APPROVE a
Watershed Special Permit for the Watershed Protection District, based upon the following
conditions:
North Andover Plann gg Board
Richard Nardella, Chairman
,']Abutters John Simons, Vice Chairman
Alberto Angles, Clerk
Cl Surrounding Towns Richard Rowen
Tim Siebert
Bldg. ZBAA True Copy
Con/Com Health
Fire Chief Police Chief
Town Clerk DPV,,/Engineers Town Clerk
15 Timber Lane,Map 64,Parcel 38.
Watershed Special Permit—Construction of Single-Family Residence and Pool
August 21,2007
The public hearing on the above referenced application was opened July 17, 2007 and closed by the North
Andover Planning Board on August 7, 2007. Attorney Donald Borenstein was present and represented
the applicants.
On August 21, 2007, upon a motion made by Richard Rowen and 2nd by John Simons, the Planning
Board voted to GRANT a Watershed Special Permit to raze the existing single-family dwelling and
construct a new 9,600 s.f. single-family residential dwelling, attached garage and deck, 29 ft. x 60 ft.
pool, installation of underground utilities, grading work, and other improvement within the Non-
Disturbance and Non-Discharge Zones 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 H.
David &Allyson Fournier, 15 Timber Lane,North Andover, MA 01845 on June 15, 2007. 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 voted on the motion by a vote of 5-0. 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
FMLNGS 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 proposed replacement of a single-family residence will be connected to the Town sewer and
water systems from Timber Lane;
B) The topography of the site will not be altered substantially. The single-family residence and
proposed driveway were specially designed and located closer to Timber Lane to minimize the
amount of grading/topographical changes and take advantage of natural features of the property.
Further, the proposed pool patio will be comprised of pervious surface that will provide sufficient
infiltration. The construction of the proposed storm water management measures and erosion control
measures will use Best Management and Engineering Practices and not substantially alter the
topography of the site;
C) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed
single-family residence, driveway, and pool as shown on the plan; and
D) The construction of the single-family residence and pool has been reviewed by the Town's outside
consultant and Town Planner and determined that there will be no degradation to the quality or
quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick.
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15 Timber Lane,Map 64,Parcel 38.
Watershed Special Permit—Construction of Single-Family Residence and Pool
August 21,2007
E) The construction will have diminutive impact in the Non-Disturbance buffer zone as it includes the
replacement of the existing single-family residential structure foundation with a similar footprint for
the proposed pool.
2) There is no reasonable alternative location outside the Non-Discharge and Non-Disturbance 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 specific site is an appropriate location for the proposed use as all feasible storm water and erosion
controls have been placed on the site;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
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 existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning
District as shown in Table 2 of the North Andover Zoning By-laws.
6) 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 64,495 sq. ft. parcel of land with land fronting on Timber Lane as
shown on Assessors Map 64, Parcel 38, and also known as 15 Timber Lane,North Andover,
Massachusetts.
B) The"Plans"refer to the plans prepared by Cammett Engineering dated March 20, 2007,revised
July, 27, 2007 entitled "Watershed District Special Permit Plan, Single Family Dwelling, 15
Timber Lane,North Andover, Essex County"and consisting of sheet 1 of 1.
C) The"Project"or"15 Timber Lane"refers to the razing of the existing single-family dwelling and
construct a new 9,600 s.f. single-family residential dwelling, attached garage and deck,29 ft. x 60
ft. pool, installation of underground utilities, grading work, and other improvement shown on
the"Plans"as defined above.
D) The"Applicant'refers to H. David &Allyson Fournier, 15 Timber Lane,North Andover, MA
01845,the applicant for the 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.
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15 Timber Lane,Map 64,Parcel 38.
Watershed Special Permit—Construction of Single-Family Residence and Pool
August 21,2007
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 issuance of a building permit:
A) A performance guarantee bond of three thousand dollars($3,000.00)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.
B) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department. Weekly inspections of all erosion control measures will be
completed by the designated independent Environmental Monitor and incorporated into the
weekly reports as part of the approved July 17, 2007 Watershed Special Permit for the project.
C) No pesticides,fertilizers or chemicals shall be used in lawn care or maintenance. 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.
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. The
applicant must submit a certification from the design engineer that the site was constructed as shown
on the approved plan.
B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
5) In no instance shall the applicant's proposed construction be allowed to further impact the site other than
as proposed on the plan referenced in Condition#10.
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, its
employees and all successors and assigns in interest or control.
9) This Special Permit approval shall be deemed to have lapsed August 21, 2009 (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 filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
A) Plan titled: Watershed District Special Permit Plan
Single Family Dwelling, 15 Timber Lane,
North Andover, Essex County
Prepared for: H. David &Allyson Fournier
4
t.
15 Timber Lane,Map 64,Parcel 38.
Watershed Special Permit—Construction of Single-Family Residence and Pool
August 21,2007 ~` C E E-D
15 Timber Lane,North Andover, MA 01845 2007 AUG 27 PM 4: a 1
Prepared by: Cammett Engineering
297 Elm Street
j±'il f1 ) �
Amesbury,MA r F L i)
Scale: 1"—20' HOVITH 'E t
�°4f SSACHUSE i l'-S
Date: March 30,2007,Revised July 27,2007
Sheets: 1 of 1
B) Report titled: Stormwater Analysis
Prepared for: H. David&Allyson Fournier
15 Timber Lane,North Andover, MA 01845
Prepared by: Cammett Engineering
297 Elm Street
Amesbury,MA
Date: March 2007
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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