HomeMy WebLinkAboutDecision - 255 JOHNSON STREET 12/14/1999 Town of North Andover JAORTH'
OFFICE OF
RECEIVED
COMMUNITY DEVELOPMENTANDiNTIMUSAW
'1'QWN CL,ERK
27 Charles Street NORfli ANDOVEA
WILLIAM J. SCOTT Nor-th Andover-, Massachusetts 01845
1999 DEC IS P L� 22
Director
(978)688-9531 NOTICE OF DECISION Fax(978)688-9542
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the Office of the Town
Clerk.
Date of Hearing DeCe, :20
Petition of McA Eil Ann �A(
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Premises affected 2_63 -2-(65 ahn,--Lo
Referring to the above petition for a special permit from the requirements of the
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After a public hearing given on the above date, the Planning Board voted
to L the 6
based upon the following conditions:
Signed 0&1'L'=
CC: Director of Public Works Alison Lescarbeau, Chairman
Building Inspector
Natural Resource /Land Use Planner John Simons,Vice Chairman
Health Sanitarian
Assessors Alberto Angles, Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Richard S.Rowen
Towns Outside Consultant
File William CunniMham
Interested Parties
Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
263/265 Johnson Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Mary Ann Morin ,
255 Johnson Street, North Andover, MA 01845, dated November 7, 1999, requesting a Special
Permit under Section 4.136 of the Zoning by-law to allow surface and sub-surface discharge of
storm water within the Non-Disturbance Zone of the Watershed Protection District in conjunction
with the repair of an existing septic system.
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 septic system already exists on this property and the application is merely for a repair to
such;
b) No soil or material excavated from the limits of the existing system shall be stockpiled on
site.
c) No vent pipes will be utilized in conjunction with this proposal.
2) That there is no reasonable alternative location outside the Non-Disturbance Zone for any
discharge, structure or activity, associated with the proposed project as the access to 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 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 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.
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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: Plan of Upgrade Subsurface Sewage Disposal Systtem Prepared for Mary
Ann Morin,255 Johnson Street
Location : 263/265 Johnson Street,North Andover,MA
Owned by: Mary Ann Morin
Scale: 1"=20'
Date: 7/22/99
Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 01810
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.
2) Prior to any work on site:
a) A performance guarantee of two hundred fifty ($250) 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.
b) Erosion control measures as required must be in place and reviewed by the Town Planner.
Haybales shall be inspected and maintained until all exposed areas are stabilized with
sufficient vegetation.
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.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan that shows all construction, including sewer
lines, storm water mitigation trenches and other pertinent site features as shown on the
approved plan. 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
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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.
4) 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.
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, it's
employees and all successors and assigns in interest or control.
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date
�)IIq�on which the Special Permit was granted unless substantial use or construction has
co enced.
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
263/265 Johnson Street
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