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Home My WebLink AboutDecision - 284 SALEM STREET 12/19/2001 Town of North Andover °E AORTN Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 'SS�cHUSe� Telephone (978)688-9535 Fax (978)688-9542 ,—j 0o c Notice Of Decision —'-` Any appeal shall be Sled Within (20) days after the 1 Date of filing this Notice o-71)U) In the Office of the Town -0 � Clerk _` ' '`' J Date: December 19, 2001 Date of Hearing: December 4, 2001 & December 18, 2001 Petition of: David W. Palmer 284 Salem Street,North Andover, MA 01845 Premises Affected: 284 Salem Street,North Andover, MA 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: the reconfiguration of the existing driveway, related landscaping and reduction to the existing deck within the Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Watershed Protection District, based upon the following conditions: Signed: J n Si ns, Chairman Cc: Applicant A46erto Angles, Vice Chairman Engineer Richard Nardella, Clerk Abutters Richard Rowen DPW Felipe Schwarz Building Department Conservation Department Health Department ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 284 Salem Street Special Permit -Watershed Protection District The Planning Board makes the following findings regarding the application of David W. Palmer, 284 Salem Street, North Andover, MA, 01845, submitted on November 2, 2001, requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the reconfiguration of the existing driveway, related landscaping, and reduction of the existing deck within the Non-Disturbance Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 10.31 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. The specific site is an appropriate location for such a use, structure or condition; the changes to the site will not affect the use of the site as a single-family residence. 2. The use as developed will not adversely affect the neighborhood; the reconfiguring of the driveway will increase the turning radii and make the neighborhood safer for pedestrians and other vehicles. 750 square feet of vegetation will be used as a buffer from the resource area. The new fencing will help prevent unintended debris from entering the abutting resource area. 3. The proposed use will not result in a nuisance or serious hazard to pedestrians or vehicles; the reconfiguration of the driveway will benefit pedestrians and other vehicles by providing safer access to the site by providing an area to turn around in. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; the site will continue to operate as a single-family residence. A slatted fence will be placed on the site to help reduce the likelihood of degradation of the groundwater and Lake Cochichewick. The infiltration units and water trench management system will control storm water runoff. 5. The use is in harmony with the purpose and intent of the Zoning Bylaw; the storm water management infiltration trench will help preserve the purity of the local water source, Lake Cochichewick, while conserving the natural environment to maintain the filtration and purification functions of the land. 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. Specifically the Planning Board finds: 6. That as a result of the proposed construction 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 topography of the site will not be altered substantially. b) The work will not contribute to the overcrowding of land. c) The proposal encourages the most appropriate use of the land by furthering the safety of the residents in the area and protecting the abutting resource area. d) The expansion of the driveway will help reduce hazards by improving ingress and egress. e) The proposed fence will help control the use of a small stream behind the site. f) Approximately 750 square feet of lawn will be converted to restore the buffer zone to a more natural state this is to mitigate the removal of 250 square feet of natural vegetation east of the driveway. g) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. 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: Site Plan 284 Salem Street North Andover,MA 01845 Prepared for: David W. Palmer Prepared by: Design Consultants,Inc 265 Medford Street Somerville,MA 02143 Scale: 1"=20' Date: July 20,2001 Plan Titled: Fax sent by Design Consultant's Inc dated December 18, 2001 Revision to Silt Fence Detail. b) 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 Start Construction: a) A performance guarantee of five hundred ($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. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) The use, or method of application of, any lawn care or garden product as sited in Section 4.136(c)(iii)(4)(5) (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply are prohibited. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Town Planner and included in the file. 3) 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. 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 on which the Special Permit was granted unless substantial use or construction has commenced. CC. Applicant Engineer File