HomeMy WebLinkAboutApplication - 284 SALEM STREET 12/19/2001 LAW OFFICES
ROBINSON & COLELLP wwwxcxom
BOSTON - HARTFORD STAMFORD GREENWICH d NEW YORK One Boston Place
Boston,MA 021084404
617-557-5900
Fax 617-557-5999
Janet R. Steams
617-557-5971
j stearns@bost.rc.coin
November 1, 2001
Via Hand Delivery
Ms. Joyce A. Bradshaw
Town Clerk
Municipal Building
120 Main Street
North Andover, MA 01845
Re: Watershed Special Permit Application to the Town of North Andover Planning Board for
Property located at 284 Salem Street, North Andover,MA (the "Site")
Dear Ms. Bradshaw:
On behalf of David Palmer, I enclose an application for a Watershed Protection District
special permit for the above referenced Site. I also enclose a check made out to the Town of North
Andover for $100 for the special permit application fee and a total of three (3) sets of the application
materials (completed form, brief supporting the application and plans) are enclosed.
In addition, I enclose a check made out to the Town of North Andover in the amount of
$2000 and a signed copy of the Outside Consultant Escrow Agreement. These funds are to be used to
pay for review of the application and materials by an outside consultant hired by the Town of North
Andover. It is our understanding that, upon completion of the outside consultant's review, the
remaining funds, plus interest, shall be returned immediately to the applicant.
Please contact me if you require additional information and to notify the applicant of the time
and place of the hearing.
Sincerely,
C
anet Stearns
C1
cc: David Palmer w
m
Town of North Andover Planning Board
Tim McIntosh, Vanasse, Hangin, Brustlin, Inc. �J
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BOSTI-746489-1
11/01/01 12:18 FAX 002
Town of North Andover Planning Board
Application for Watershed Special Permit
Please type or print clearly.
1. Petitioner- David W. Palmer
Petitioner's Address: 284 Salem Street, North Andover, MA 01845
Telephone number: (860) 688-3611
2. Owners of the Land: David Palmer
Address: 284 Salem Street, North Andover, MA 01845
Number of years of ownership: 1.5 years
3. Year lot was created: 1984
4. Is the lot currently on septic or sewer? Sewer
If on sewer,please provide date the sewer connection was completed: 1985
S. Description of Proposed Project: SEE ATTACHED
6. Description of Premises: The subject site is located at 284 Salem Street,
North Andover, Massachusetts. The sites consist of 27,094 square
feet with approximately 6,600 square feet of bordering vegetated
wetland on the north and east property lines. The lot is improved
vitri a two story house, wooden deck with accompanying pool and a
garage for the family's. car.
7. Address of Property Being Affected 284 Salem Street
Zoning District: Residential District 3
Assessors: Map: 37D Lot# 3
Registry of Deeds: Book#: 5806 Page#: 3 13
S. Existing Lot:
Lot Area(Sq.Ft) 27,094 BuildingHeight 2 story
Street Frontage: 352-97r-- Side Setbacks: 25.61
Front Setback: 36.92' Rear Setback: 30.67'
Floor Area Ratio: N/A Lot Coverage: N/A
9. Proposed Lot(if applicable):
Lot Area(Sq.Ft) Building Height
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
11/01/01 12:18 FAX 2003
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq-Ft) 25,000 sq. It. Building Height 35'
Street Frontage, _M2 5 Side Setbacks: 20T
Front Setback: 30 Rear Setback. 30'
Floor Area Ratio: N/A Lot Coverage: _,UZA,
11. Existing Building(it applicable):
Ground Floor(Sq.Ft.) #of Floors:
Total Sq.PC. Height:
Use: Type of Construction_
12. Proposed Building-
Ground Floor(Sq.Ft.) ft of Floors:
Total Sq.FL Height:
Use: Type of Construction
M Has there been a previous application for a Special Permit from the Planning Board on these
premises? If so,when and for what type of construction?
14. Section of Zoning Bylaw that Special Permit Is being
Requested : Section 4. 136 of the Zoning Bylaw.
15. Petitioner and Landowner signature(s):
Every application for a Special permit shall be made on this form which is the official fofx- ,,,-L,-die
Planning Board. Every application shall be filed with the Town Clerk's office- It shall,be
responsibility of the petitioner to furnish all supporting documentation with this application.
The dated copy of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be responsible for all e%-panses
for filing and legal notification- Failure to comply with application requirements,as cited.herein
and in the Planning Board Rules and Regulations may result in a dismissal by the PlanninL 43 oard
of this application as incomplete.
Petitioner's Signature: 00,t�ce,
Print or type name here: David Palmer
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Owner's Signature: oactq Cz
Print or type name here: all;V ?96MeP,—
16. Please list title of plans and documents you will be attaching to this application.
1. Statement in support of Watershe4 Special Permit
2, Plan prepared by Design Consultants "284 Salem Street, -North Andover"
3. Letter from Design Consultants, Inc. to North Andover Planning
Board dated October 29, 2001.
We, Richard R• Habib and Joyce Habib
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and no/1001$390,000.00) DOL>:.AItS•. •.
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thetandm on Salem Streetr 'North Andoverp sseOf'.Laftd'jn'Nsotth.Andover, ;
N }SnawA aQ Lot' 5�A, on a 'Plan captioned Plan.
iAi Lot' 5'!' •Robert., .Yat is�fii�2c + x C: .and,,7oan K. 'Forget" i
u pp r aced••4y`Nysten•Engineering and.Assoc..,
v m �Ated November:•24,•:1984, p .gA. tier Re istry.af DQeds As Plan No.
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rr.5 u' 97i3:•. $aid �,ot 5-A contains,27,096; more"or lees., ;square feet of and:
eee.Pl'an'No� 3713 for &.,more specific description of said
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and all .ea2309 o A, restrictions, -reserVatidns and conditi. no of recor3.-
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We,George L.Reich and Elaine T.Reich,of North Andover,Essex County,Massachusetts
inconsideration of Four Hundred Forty 'Thousand and 00/100 ($440,000.00) Dollars
gramto David W. Palmer
with QUITCLAIM COVENANTS
The laud on Salern Strcct,North.Andover,Essex County,Massachusetts,known as Lot S-A,on a Plan captioned"Plan
of Land in North Andover,MA,prepared for Robert C.and,roan E.Forget"dated November29,1984,prepared by
Nysten Engineering and Assoc.,and recorded)n the Essex North District Registry of Deeds as P)an No.9713. Said Lot
5•A contains 27,096,morn or Jess,square feet of land. See Plan No.9713 for a more specific description of said Lot S-A.
Said prennises are conveyed subJect to and with the benefit of any and all easements, restrictions,reservations, and
conditions of record,if any,insofar as the same are now in Force.
For title see deed recorded with said Registry of needs at Book 2431,Page 229.
Executed as a scaled instrument this Qy� t7 r �'� 0
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eorge L.Reich Elaine T.Reich J�
State of kC )Sett 5 H
county of
On this -OO Qbefore me personally appeared George L.Reich,to me brown io be the person(s) *1�
described in and who executed the foregoing instrument,and acknowledged that he/ahe�utft his/her/thei r
Eros act and deed.
Notary Public
My Commission Expires:
State of MA55pc-hWSett S JUL 18100 r;I1:35
County of E55f K
On this36tl'4 MO 'C4l cP.ODU,beFore me personally appeared Elaine T.Reich,to mo known to be the person(s)
described in and who executed the foregoing instrument,and ackmowledged that he/she/they ex cuted the same as his/her/their
free act and deed. -• k
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TOWN OF NORTH ANDOVER
STATEMENT IN SUPPORT OF APPLICATION FOR
WATERSHED SPECIAL PERMIT APPROVAL
Applicant: Mr. David Palmer
Property: 284 Salem Street
North Andover, MA
Map 37D, Lot 39
Protection
District: Watershed Protection District
Non-Disturbance Buffer Zone and Non-Discharge Buffer Zone
DESCRIPTION OF PROPOSED USE
The applicant,Mr. David Palmer("Applicant") is the owner of a single-family residence,
located on a lot (Map 37D, Lot 39) in North Andover(the"Site"), which has existed since at
least 1985. The Applicant seeks a special permit within the Non-Disturbance Buffer Zone and
Non-Discharge Buffer Zonel of the Town of North Andover Watershed Protection District to
reconfigure his existing driveway and do related landscaping work, including reducing the size
of the existing deck and restoring vegetation bordering a wetland resource area.
The proposed work will conform to the provisions of the Zoning Bylaw and will have no
detrimental impact on the quality or quantity of water entering into Lake Cochichewick. In
addition, the proposed use will have no detrimental impact on abutters, the neighborhood, district
or the Town as a whole. In fact, the Applicant's proposal increases safety and decreases the
danger to pedestrians and vehicles.
USES ALLOWED BY SPECIAL PERMIT
IN NON-DISTURBANCE BUFFER ZONE
Although the structures and uses on the Site are allowed as of right, the proposed work will
require a special permit as follows:
a. The proposed work will involve a change in the topography in order to reconfigure
the driveway. (Section 4.136(3)(c)(ii)(1)).
b. The reconfiguration of the Applicant's driveway will require the removal and cutting
of existing vegetation (Section 4.136(3)(c)(ii)(2)).
c. The installation of infiltration units will result in surface or subsurface discharge of
storm water runoff. To properly mitigate the effect of an increase in impervious
surfaces, the Applicant proposes to install infiltrations units to discharge stormwater
runoff and recharge the groundwater. (Section 4.136(3)(c)(ii)(5) and
4.136(3)(b)(ii)(1)).
1 The Applicant's property is exempt from the Conservation Zone provisions,pursuant to Zoning Bylaw Section
4.136(2)(f),because the lot was created prior to October 24, 1994.
BOSTI-745994-1
11/01/014:22 PM
SATISFACTION OF WATERSHED PROTECTION DISTRICT
SPECIAL PERMIT STANDARDS
The Applicant's proposal satisfies the performance standards of Section 4.136(4) of the
Zoning Bylaw as follows:
Section 4.136(4)(e). The proposed work at the Site will not result in a"significant degradation
in the quality or quantity of water in or entering Lake Cochichewick." As demonstrated by the
accompanying plans, the Applicant proposes to mitigate the potential impacts of the proposed
work by installing infiltration units to recharge groundwater from existing storm water rooftop
runoff. In addition, the Applicant will install a storm water management infiltration trench at the
end of the driveway to recharge storm water onsite. The report of the applicant's engineer,
attached hereto, shows that "the work resulting from the modification to the landscape of#284
Salem Street, North Andover will not degrade the quality or quantity of the Lake Cochichewick
reservoir." (SEE ATTACHMENT 1).
Section 4.136(4)(g). To the extent possible, storm water runoff will be recharged at the Site and
diverted towards areas covered with vegetation for surface infiltration. As shown on the plans,
the Applicant proposes to install infiltration units to assist in the recharge of storm water and an
infiltration trench at the end of the driveway to divert water towards areas covered with
vegetation.
Section 4.136(4)(h). The proposed work will not involve the use of hazardous or toxic materials
at the Site.
SATISFACTION OF SPECIAL PERMIT STANDARDS UNDER SECTION 1 OF
THE ZONING BYLAW
The Applicant's proposal satisfies the following performance standards of Section 1 of the
Zoning Bylaw:
1. 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.
2. The proposed work will not contribute to the overcrowding of land.
3. The proposed work will not affect the value of land and buildings.
4. The reconfiguration of the driveway will help lessen traffic congestion. By
eliminating the need to back out of the driveway, the Applicant is decreasing the
likelihood that cars will need to stop to allow him to pull out of his driveway safely.
5. The use of the Site not will not exacerbate, or otherwise affect, the existing
concentration of the population.
2
6. The proposed modifications at the Site will not significantly affect the amount of light
or air to the Site.
7. The expansion of the driveway will help reduce the hazards from fire and other
dangers by improving ingress and egress from the Site.
8. The Applicant's proposal will not affect the economical provision of transportation,
water, sewerage, schools,parks and other public facilities.
9. The proposed fence will help control the use of a small stream behind the Site.
10. The work will not contribute to the danger of flooding. To the extent that the
impervious surface will be increased, the Applicant is ensuring that excess water is
absorbed on the Site by adding vegetation and infiltration units that will ensure that
water will be distributed evenly across the Site.
11. The Applicant's proposal will have no direct effect on the amenities of the Town.
SATISFACTION OF SPECIAL PERMIT STANDARDS UNDER
SECTION 10.31 OF THE ZONING BYLAW
The Applicant's proposal warrants the grant of a special permit because it is reasonably
necessary for the convenience and welfare of the public and because the interests of the Town,
the District and the neighborhood and adjoining properties will be improved by the proposal.
1. The specific site is an appropriate location for such a use, structure or condition
The proposed changes to the Site are minor and will not affect the use of the Site as a
single family residence. The Site is located in a residential neighborhood and has been used as a
residence with accessory uses since 1984. The expansion of the driveway is appropriate, given
the proposed storm water and groundwater protection mechanisms. The new fencing will help
prevent unintended debris, such as paper, leaves, etc., from entering the abutting resource area.
2. The use as developed will not adversely affect the neighborhood
The proposed use will have no detrimental impact on abutters, the neighborhood, district
or the Town as a whole and will enhance the neighborhood by increasing the turning radii in the
driveway and making the neighborhood safer for pedestrians and other vehicles. In addition, the
Applicant also proposes to plant or otherwise relocate existing vegetation on the Site.
Specifically, the Applicant will plant 750 square feet of vegetation to be used to buffer his
property from the resource area. At his neighbors' request, the Applicant will also plant four to
five hemlock trees along the border of his property. The Applicant also proposes to relocate a
line of arbor vitae that are currently located in the public right of way.
3. The proposed use will not result in a nuisance or serious hazard to pedestrians or
vehicles
3
The proposed work will not result in a nuisance or serious hazard to pedestrians or vehicles. In
fact, 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 the driveway and enter Salem
Street "head on". In addition, the proposed infiltration units and water trench management
system will control storm water runoff.
4. Adequate and appropriate facilities will be provided for in the operation of the Site
The site will continue to operate as a single-family residence. The proposed site improvements
will adequately recharge and help manage the groundwater at the Site. The Applicant also
proposes to install a fence to prevent people, pets and debris from entering the resource area,
which will help reduce the likelihood of degradation of the groundwater and Lake
Chochichweick. The fence will be slatted to allow for wildlife to enter freely.
5. The use is in harmony with the purpose and intent of the Zoning Bylaw
The Applicant's proposal is in harmony with the state purpose of the Zoning Bylaw to "promote
the health, safety, convenience, morals and welfare of the inhabitants of the Town of North
Andover." The purpose of the Watershed Protection Bylaw(Section 4.136 et. seq.)is to
preserve the purity of the local water source, Lake Cochichewick, while at the same time
conserving the natural environment to maintain the filtration and purification functions of the
land. The Applicant's proposal furthers these objectives by promoting traffic safety, while
proposing steps to mitigate any potential effects of the proposed work.
Conclusion
Based on the above, the proposal conforms to all appropriate provisions of the Zoning
Bylaw. For the foregoing reasons, the Applicant respectfully requests that the Board grant a
special permit, as well as such other relief as may be necessary or appropriate. This application
is submitted with full reservation of the applicants' rights under federal and state law.
Respectfully Submitted,
David W. Palmer
By his attorney,
Jane S arns, sq.
Rob on & Cole LLP
One Boston Place
Boston,MA 02108
(617) 557-5900
Dated: November 1, 2001
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