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HomeMy WebLinkAboutDecision - 38 SAILE WAY 12/19/1997 Town of ort ndover RE G ��p w OFFICE OF JOYCE 13RAD id:\w - COMMUNITY,DEVELOP ME ER -. o _ .. � - � � - � 30 School Street r Q North Andover, Massachusetts 01845 Qr i C W1LLIAM J.SCOTT Director SsACHUSg4 NOTICE ! I Any appeal shall be filled within (20) days after the date of filling this Notice _ in the ffice of the Town Clerk. Date December 19, 1997 -- Date of Hearing December 2 December-.16, z9 Petition of -Lot 3 saile way Premises affected Lot 3 Saile. way Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136 Paragraph-37C so as to allow approval for construction of a single family dwelling with:grading .: and-associated appurtances on Lot 3 Saile Way After a public hearing given on the above-date, the Planning Board voted to Approve the Watershed Special Permit _ _ _ -,-- based upon the following conditions: - Signed -- 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 Towns Outside Consultant File Planning Board Interested Parties CONSERVATION-(978)688 9530 HEALTII-(978)688-9540 ® PLANNING-(978)688-9535 *BUILDINGOFFICE-(978)688-9545 ° "ZONING BOARD OF APPEALS-(978)688-9541 ® *146 MAIN STREET Town of North Andover t NORYpq, OFFICE OF COMMUNITY E LOP ENT AND SERVICES 30 School Street _ o , North Andover, Massachusetts 01845 'ILLIAM J. SC©Tr ��s All. au5�� Director December 18, 1997 Ms. Joyce Bradshaw _ Town Clerk — 120 Main Street North.Andover, MA 01845 - Re: Watershed Special Permit-Lot 3 Saile Way Dear Ms.Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening December 2, 1997 at 7.30 p.m. in the Department of Public Works, upon the application of Lot 3 Saile Way , 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 November 12.and November 19, 1997 and -- all parties:of interest were duly notified. The following members were present: Richard Rowen; -- Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk Alberta Angles, Associate TMember, Joseph V. Mahoney and Richard Nardella. The petitioner was requesting a special permit obtain approval for construction of a single family dwelling with grading and associated appurtenances on Lot 3 Saile Way. The premises affected is land numbered Lot 3 Saile Way in the Residential - 1 (R-1)Zoning District and the Watershed Protection District. Dan Bailey and Dennis Quintel were present to represent Lot 3 Saile Way. Mr. Quintel stated - that the driveway is within the non-disturbance zone and the driveway is below grade of the wetland area. They have met the 1992 zoning bylaw criteria and there is no degradation to the lake. The applicant stated that there is nothing different from the other lots that have been ` approved. There is also a catch basin and leach trench for the driveway runoff. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to close the Public Hearing and have Ms. Colwell draft a decision for the next meeting- Attached are the conditions. CONSERVATION-(978)688 9530 ® HEALTH-(978)688-9540 ® PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 ® *ZONING BOARD OF APPEALS-(978)688-9511 - *146 MAIN STREET Lot 3 Saile Way Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Marilyn & Felicia Elias, 700 Great Pond Road, North Andover, MA 01845, dated November 7, 1997, requesting a Special Permit under Section 4.136 of the Zoning By-Law in effect in November 1992, of the North Andover Zoning Bylaw to allow surface and sub-surface discharge- of stormwater within the Non-Discharge 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. 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 its findings on the following facts: -- a) the home will be connected to the Town sewer system; b) storm water mitigation trenches will be constructed:.along the edge of the driveway to catch and treat all storm water,drainage; --- c) the limit of clearing is restricted to the minimum necessary to construct the driveway; d) a construction phasing plan and emergency response plan are required. e) 'the proposed dwelling is located entirely outside the non-disturbance zone and is over 260 feet from the edge of Lake Cochichewick 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; 1 8. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9. 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. 10. Thi e .t shall be deemed to .have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has/conimenced. cc. Director ofPubhc Works Building Inspector Health Agent — Assessor - Conservation Administrator Pohmofficer ' Fire Chief Applicant - Engineer File Lot 3 Saile Way-Watershed 4 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: - SPE °-CONDMONS: I. 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-3_Great Pond Estates - Saly-Way North Andover,Mass. "- r Applicant: Eight Meadows Realty Trust 700-Great Pond Road North Andover,MA 01845 Scale: 1 40' Date: 100/97 _ Prepared by: Civil Construction Management Inc. 8 Merrimac-Road,Box 225 Newton N.H. 03858 . b)- Report from : Dennis G. Qunital,P.E.President - Civil Construction Management Inc. gar Dated: October 30, 1997 c) 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. 2. Prior to any work on site: a) The limit of clearing line must be marked in the field with yellow caution tape and must reviewed and approved by the Town Planner. —Al. b) Soil testing must be performed at the location of each proposed storm water mitigation trenches. Testing must be performed by a certified soil evaluator and witnessed by an agent of the town. A two foot separation between the bottom of the facility and maximum ground water elevations must be provided. 2 C) The house foundation and drain must be located above the seasonal high water table to avoid being a discharge. d) A performance guarantee of two thousand ($2,000) 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. C) All erosion-control measures as shown on the plan must be in place and reviewed by the Town Planner. f) 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 thazibove permits and approvals. 3. Prior to verification of a Certificate of Occupancy: a) No pesticides, fertilizers, or chemical-s'-shall be used in lawn care or maintenance. The applicant,shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to the Planning Board and included in the file. 4. Prior to release of the Performance Bond: a) 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. b) c) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 5. Any stock piles of earth must be covered with a tarp and contained by hay bales and silt fence if the piles are to remain on the site for longer than two weeks. 6. 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. 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations, 3 Sincerely, Richard S.Rowen, Chairman North Andover Planning Board