HomeMy WebLinkAboutDecision - 102 SOUTH BRADFORD STREET 5/19/1999 'own of North Andover ORTN
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COMMUNITY DEWLOPMENT AND SERVICES
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27 Charles Street .lo�'
North Andover, Massachusetts D 1845
WILLIAM J. SCOTT �SSacHUSti��
Director
(978)688-9531 NOTICE OF DECISION Fax (978) 688-9542
Any appeal shall be filed r3r
within (20) days after the
date of filing this Notice
Icy:mr.
in the Office of the Town
Cleric. _
Date May 19, 1999 c
Date of Hearing IMay 18 1999
Petition of Scott Talbot
Premises affected 102 South Bradford Street
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 to construct a second .door addition on an existing ranch in the
watershed district. Additionally to make right and legalize an in round poo .
After a public hearing given on the above date, the Planning Board voted
to APPROVE the Special Permit
based upon the following conditions:
Signed
CC: Director of Public Works .Richard S.Rowen. Chairman
Building Inspector
Conservation Department Alison Lescarbeau, Vice Chairman
Health Sanitarian
Assessors John Simons. Cleric
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Joseoh V. Mahoney
Towns Outside Consultant
File Planning Board
Interested Parties
130AR15 OF 1A.P11E.%1S 633-9541 DUILDING 633-9545 CONS .RVATIOM 683-9530 HE,tLTII 638-9540 PLANNIN' 68S--9535
102 South Bradford Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Scott Talbot, 90A
Rockwell Street, Malden, MA 02148, dated March 31, 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 in conjunction with the construction
of a second story addition to a single family home and to allow a previously built in-ground pool.
FINDINGS OF FACT:
In accordance with 4.136(4) the Planning Board rakes 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) No additional impervious surface is proposed by this project.
b) The proposed project is presently connected to Town sewer.
2. That there is no reasonable alternative location outside the Non.-Disturbance Buffer Zone for
any discharge, structure or activity, associated with the proposed project as the applicant wishes
to place a second story addition and this will have the least impact on the watershed district.
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.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following conditions:
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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'Land in North Andover, NIA drawn for Scott Talbot
Owned by: Scott and Barbara Talbot
Scale: 1"=40'
Date: 611198, rev. 6116198
Prepared by: Scott L. Giles, R.P.L.S.
Frank S. Giles
North Andover, NIA
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 five hundred ($500) dollars in the form of 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 erasure that the as-built
plans will be submitted.
b) Haybales and silt fence shall be installed on the edges of the driveway.
c) No materials shall be stored within the non-disturbance zone.
d) Erosion control measures as required must be in place and reviewed by the Town Planner.
e) 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
as shown on the approved playa.
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b) The Planning Board trust 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 9 1.
5. No pesticides, fertilizers, or chemicals 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.
b. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
7. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8. 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.
9. 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. The date
of the expiration will be 5/21/2001.
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
CD&S Director
Applicant
Engineer
File
102 S. Bradford -Watershed
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