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HomeMy WebLinkAboutMiscellaneous - 25 CARRIAGE CHASE 5 Town of North Andover °f p°RTN Office of the Planning Department Far '�,� Community Development and Services Division 27 Charles StreetUo North Andover,Massachusetts 01845 1`�sACiIUs�S Heidi Griffin Telephone(978)688-9535 Planning Director Fax(978)688-9542 Notice Of Decision Any appeal shall be filed -` o ' Within (20) days after the Date of filing this.Notice -- >x CO In the Office of the Town oz c->_! mc'r ClerkMj rnxD© Date: May 10,2001 -- Date of Hearing: April_17,2661 & May 1, 2001 Petition of: Hancock Building Associates,248 Mill Road Chelmsford, MA 01823 Premises Affected: 25 Carriage Chase Road,North Andover,MA 01845 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 construction of a 16' x 22' 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: � ZA�zee� Alison Lescarbeau, Chairman Cc: Applicant John Simons,Vice Chairman Engineer Alberto Angles, Clerk Abutters Richard Rowen DPW Richard Nardella Building Depart4nent Conservation D►spartment_ Health Department ZBA BOARD OF APPEALS 688-9541 BIIILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ti 25 Carriage Chase Road Special Permit,Watershed Protection District The Planning Board makes the following findings regarding the application of Hancock Building Associates, 248 Mill Road, Chelmsford,.MA 01823, submitted on March 15, 2001, requesting a_Special Permit..under.Section.4.136 of the Zoning By-Law to allow the construction of a 16' x 22' deck within the Nod-Disturbance Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.133 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 Qochichewi& The Planning _Board bases its findings on the following facts: a) The existing dwelling is connected to the Town sewer system and the proposed deck have no impact on the sewer system itself, b) A deed restriction will:be placed:limiting:the types-of fertilizm ithat-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 proposed deck; e) Certification has been provided by a registered professional engineer that the installation of,the deck will.not have.an.effect on the quality or quantity of runoff entering the yvatershed protection district. f) The construction of the deck will not result in the use of yard being increased, and the impervious surface of the lot will not increase. Furthermore, the limited amount of excavation_required to install. the sono tubes for the_deck will not pgse an erosion hazard. 2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone for any discharge, structure or activity, associated with the proposed project as almost the entire lot is _located within the Non:Disturbance Zone and the Non- Discharge onDischarge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 1 a) The specific site is an appropriate location for,the .proposed use as all feasible storm watex pnd 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 N 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 hiling that.the use.is in harmony with the g�neral 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 SPECIAL CONDITIONS: 1) This decision must be fled with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plan 25 Carriage Chase Road North Andover,MA Prepared by: New England Engineering Services 60 Beechwood Drive NpAh,Andover,MA 01845 Scale: 1"=20' Date: March 8,2001,revised April 16,2001 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 issuance of a building pertnit: 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 iu accordance: with the.plans.and to.conditions.of this.decision_and to ensure that the.-ts-builtiplans will be submitted. b) All erosion control measurers,as-shown,on the :tet be in place: :reviewed by the Town Planner- c) No pesticides, fertilizers _or.chemicals shall .be, used in lawn .care or maintenance. The applicant shall incorporate this condition--as.a 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 plap 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 fii ther impact the site than�s 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 May 10, 2003 on which the Special Permit was granted unless substantial use or construction has commenced. cc. Applicant. Engineer File Y _Y rel Massachusetts Department of Environmental Protection v Bureau of Resource Protection Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Hancock Bldg. Assoc. Anthon & Ma lou Montiero return key. Name ame 248 Mill Road 25 Carriage Chase Road Mailing Address Mailing Address Chelmsford MA 01824 North Andover MA 01845 City/Town State Zip Code Cityrrown state Zip Code ,erten 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Request for Determination of Applicability 3/2/0/01 Title Date Title Date Title Date 2. Date Request Filed: 3/9/01 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Addition of a deck to the rear of an existing home Project Location: 25 Carriage Chase Rd. North Andover Street Address City/Town map 37A Parcel 50 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.3/20/01 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3.The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove,fill, dredge, or alter that area.Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. ® 5.The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Town of North Andover Name of Municipality. Pursuant to the following municipal wetland ordinance or bylaw: North Andover Wetlands Protection Bylaws C.178 of the code of North Name Andover wpaform2.doc•rev.3/20/01 Page 2 of 5 r Massachusetts Department of Environmental Protection `• Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6.The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: W ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request,the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located,the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act.Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). P��kt,�NA Mist- k•.4"A e(o%(6rJ CAJA-r'dt ;N C-c(. /1" e W)- + t-C rccorl e'(fNAJ ^J WO ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore,said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.3/20/01 Page 3 of 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5.The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6.The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® bymail, on ► Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan).This Determination does not relieve the applicant from complying with all other applicable federal, state,or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A)and the property owner(if different from the a icant). I I Signatures: ,4 ro t P, Notary Public Commonwealth of Massachusetts My Commission Expires February 14,2008 3/21/01 Date vvpaform2.doc•ray.3/20/01 Page 4 of 5 _ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L: c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A)to issue a Superseding Determination of Applicability.The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant.The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.3/20/01 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A - DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: 14 Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gil Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508 947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth CarverFalmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2.doc•Appendix A•rev.11/22/00 Page 1of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request (if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code rab Phone Number Fax Number(if applicable) Project Location Mailing Address Cityrrown State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Appendix E•rev.2/00 Page 1 of 2 r Massachusetts Department of Environmental Protection • Bureau of Resource Protection - Wetlands WPA Appendix E —Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed.To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.: wpaform2.doc•Appendix E•rev.2/00 Page 2 of 2 t� A/ 310 CMR 10.99 — Form 8 DEP File No. 242-292 � (To oe oroviaed by DEP) Commonwealth city Town ' North Andover --fit of Massachusetts Aooucant New England Engineering Lot 16, 25 Carriage Chase Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 From North Andover Conservation CommissioA Issuing Authority 33 Walker Road Suite 22 To New England Engineering North Andover. MA__ 01845 (Name) (Address) Date of Issuance September 3, 1997 This Certificate is issued for work regulated by an Order of Conditions issued to Scott Follansbee dated 9/18/85 and issued by the NACC It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. 2. ❑ It is hereby certified that only the following portions of the work regulated by the above-refer- enced Order of Conditions have been satisfactorily completed: (If the Certifitate of Compliance does not include the entire project, specify what portions are included.) Lot 16, 25 Carriage Chase 3. Q It is hereby certified that the work regulated by the above-referenced Oroer of Conditions was never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation unser the Act may be commenced without filing a new Nonce of Intent ant receivinc a new Orcer of Conditions. ........................................................................ .............................. .................. .............................. (Leave Soace Blank) ..'eC...e a, p This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in whim 10/23/85 the fond is located.The Order was originally recorded on (date) at the Registry of Deeds, North Essex , gook 2065 Page 336 S. C1 The following conditions of the Order shall continue: (Set forth any conditions contained in the Final Order, such as maintenance or monitoring, which are to continue for a longer period.) Issued by ,o h ndover Conservation Commission Signature(s) When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this 3rd day of September . 19 97 . before me personally appeared Joseph W. Lynrh, Jr. , to me known to be the person described in and who executed the fore going'instrument and acknowledged that heishe executed the same as his/her free act and deed. Notary Public My commission expires ' Detach on dotted line and submit to the ........................................................................................................._........................_...........»................................................................ To NACC issuing Authority Please be advised that the Certificate of Compiiance for the protect at. 242-292 Deeds, Northern,Essex File Numder has been recoroetl at the Registry of and has oeen noteo in the chain of title of the attectedbroceny on t u reccroea tanc.:ne instrument numoer wnicn identifies this:ransac:lon is It registered land.the cocument numoer wnicn identifies this transaction is