HomeMy WebLinkAboutDecision - 284 SALEM STREET 9/22/2004 Town of 1�of I. Andover f�ORTIl
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Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845 9SSncwus
Telephone(978)688-9535
Fax(978)688-9542
Town Planner
Notice Of Decision
Any appeal shall be filed This is to certify that twenty(20)days C
Within (20) days after the have elapsed from date of decision,filed
Date of filing this Notice without fillDate aq,a ,e as
In the Office of the Town Joyce A,Bradshaw r,
Town Clark .-
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Date: September 22, 2004 . '
Date of Hearing: September,7, 2004
Decision: September 21, 2004
Petition of David Palmer,284 Salem Street,North Andover,MA 01 845
Premises Affected: 284 Salem Street,North Andover, MA 01845
Referring to the above petition for a Watershed Special Permit. The application was
determined to be complete and was noticed and reviewed in accordance with the
procedures for review and approval in accordance with the Rules and Regulations
Governing the Subdivision of Land and M.G.L. Chapter 40-A,see 11
So as to allow: The re-permitting of reconstruction of a driveway, installation of a storm
water management system, reconstruction of an existing deck and landscaping activities on the
site located within the Non-Discharge and Non-Discharge Zones of the Watershed Protection
District.
After a public hearing given on the above date, the Planning Board voted to APPR(3 ,
the Watershed Special Permit, based upon the following co, ' 'tions:
X'Tul
Sign d;-
berto Angles, Chiflitman
Cc: Applicant ` `George White,Vice Chairman
Engineer Felipe Schwarz, Clerk
Abutters John Simons
DPW James Phinney
Building Department
Conservation Department
Health Department AT`t'['Co A True Copy
ZBA
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLt NKftgWFJ 35
284 Salem Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of David
Palmer, filed on July 19, 2004. The area affected is located at 284 Salem Street in the R-3
Zoning District, Map 37D, Lot 39. The lot was created in 1984 and is subject to the
Watershed Protection District provisions for lots created on or prior to October 24, 1994.
The applicant is requesting a Watershed Special Permit for the re-permitting of
reconstruction of a driveway, installation of a stormwater management system,
reconstruction of an existing deck and landscaping activities on the site. Proposed activities
will be located within the Non-Disturbance and Non-Discharge Zones of the Watershed
Protection District.Public hearings were held on September 7,2004.
History: The project was previously approved by the North Andover Planning Board,
decision dated December 19, 2001. Activities did not commence within the 2 year permit
period,therefore,the applicant re-filed the project with minor changes.
FE4DINGS OF FACT:
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:
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 structure is iied into public sewer.
b) A covenant will be placed in the deed restricting and limiting the types of
fertilizers that can be used on the site.
c) The topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary to construct the
structure and appurtenances. All activities will be conducted in previously
disturbed areas.
e) Buffer zone restoration plantings will be conducted on the property, as required
by the North Andover Conservation Commission.
2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone,
for any discharge, structure or activity, associated with the proposed project.
3. 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
stone waxer and erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the use is accessory to an
existing single family;
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; stormwater mitigation structures will be installed on site and
maintained in perpetuity;
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:
2)SPECL&L CONDITIONS:
a) This Special Permit is being issued for the proposed activities submitted with this
filing only.
b) This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
• Town of North Andover Planning Board Application for Watershed Special
Permit filed by David Palmer,284 Salem Street,North Andover,MA;
• Drainage Calculations for Residential Landscaping Improvements at 284
Salem Street, North Andover, MA, prepared by McKenzie Engineering
Croup,Inc.dated May 21,2004;
• Plans entitled:
Plan to Accompany Notice of Intent Sheets 1-2, prepared by McKenzie
Engineering Group,Inc.,dated March 24,2004,revised August 17,2004;
d) 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.
e) Stormwater management structures must be maintained in perpetuity by the
homeowners and in accordance to the maintenance schedule outlined on Sheet 2 of
the record plans.
3) PRIOR TO ANY WORK ON SITE:
a) A performance guarantee of two thousand dollars ($1,000) in the form of a check
made out to the Town of Forth 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) The decision must be filed with the North Essex Registry of Deeds. One certified
copy ofthe recorded decision must be submitted to the Planning Department.
c) Erosion controls as shown on the referenced plan must be installed and must be
reviewed and approved by the Town Planner.
d) 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.
el Wetland resource area boundary flags must be in place and reviewed by the Town
Planner.
4) PRIOR TO THE ISSUANCE OF A BUILDING PE Te
a) Only organic or slow release lawn or garden products shall be used in lawn care or
maintenance within 325' of Lake Cochichewick or within 325' of wetland resource
areas. 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.
b) The Planning Board must endorse the final site plan mylars and three copies of
the signed plans must delivered to the Planning Department.
5) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND:
a) The applicant shall submit an as-built plan stamped by a Registered Professional
Engineer or Land Surveyor in Massachusetts that shows all construction, limits of
disturbance, existing topography, storm water mitigation structures and other
pertinent site features. This as-built plan shall be submitted to the Town Planner and
the Department of Public Works for approval. The applicant must submit a written
stamped and signed, certification letter from the design engineer stating that the site
was constructed in accordance with the approved plan, in addition to certification
that the drainage structures have been properly installed. Any and all changes from
the original plans must be clearly identified in the letter.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
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 4e.
7) No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
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 ) This Special Permit approval shall be deemed to have lapsed September 21, 2006
(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.
cc: Applicant
Engineer
File