HomeMy WebLinkAboutMiscellaneous - 225 BRIDLE PATH Town of North Andover °f N°DTN qti
Office of the Planning Department 0
Community Development and Services Division
27{._lades Street
North Andover,Massachusetts 01845 "SS"""S�t
httg://www.townofnorthandover.com Town Planner: iwoods@townofnorthandover.com P (978)68$-9535
J.Justin Woods F (978)688-9542
NOTICE OF DECISION
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RETURN RECEIPT REQUESTED
# 1003 1010 0001 0181 9125
225 Bridle Path Assessors Map 104,Lot 84
Special Permit-Watershed Protection District Registry Book 5773,Page 180
The public hearing on the above referenced application was opened and closed by the North Andover Planning
Board on September 9, 2003. Richard Albino, PE, of Hancock Associates, appeared on behalf of the
petitioner,Howell Design and Build and owners,Gregory and Jeanne Andrusin.
On September 9, 2003, Schwarz made, and Phinney seconded, a motion to grant a Watershed Special
Permit to allow for a small addition to the existing kitchen(1'-0"x 512"),to add an"Eating Area"of the
kitchen with a basement below(12'0"x 16'-6"),to add to the existing living room(7'-0"x 12'-11"),and
to add a study with basement below and a bathroom above in the Non-Discharge Zone of the Watershed
Protection District,under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw.
This Special Permit was requested by the by Howell Design, 44 Beachwood Drive, North Andover, 01845.
The original application,excluding revised documentation,as cited herein,was filed with.the Planning Board
on submitted on August 8, 2003 with subsequent submittals on file. The applicant submitted a complete
application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover
Zoning Bylaw and MGL Chapter 40A,Section 9.The motion to approve was subject to the FINDINGS OF
FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision.
The Planning Board voted on the motion by a vote of 5 in favor to 0 against. A special permit issued by a
special permit granting authority requires a vote of at least four members of a five-member board. See MGL
Chapter 40A, Section 9 and Section 10.3(5)of the Town of North Andover Zoning Bylaw. Accordingly,the
Application for the Site Plan Special Permit is approved with the attached conditions.
The applicant is hereby notified that should the applicant disagree with this decision,the applicant has
the right, under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the
date this decision has been filed with the Town Clerk.
Respectfully Submitted:
eNomrtthAndover
wn Plaimer
Planning Board:
f E Alberto Angles,Chairman
-' George White,Vice Chahmm
Felipe Schwarz,Clerk
John Sims
Richard Nardella
James Phinney,Associate Member
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
225 Bridle Path
Watershed Protection District
September 11,2003
Page 2 of 3
Appendix A
In wvmdance with 4.133 the Plarnling Board makes the finding that the intent of the Bylaw,as well as its specific
criteria,are met. Specifically the Planning Board makes the following FINDINGS OF FACT:
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 waxer in or entering Lake Cochichewick. The Planning
Board bases this finding on the following facts:
a) The existing dwelling is connected to the Town sewer system.
b) A deedd restriction will be placed 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 proposed attached breezeway
and two stall garage;
e) Certification has been provided by a registered professional engineer that the addition will not have an
effect on the quality or quantity of runoff entering the watershed protection district.
fl The construction has been reviewed by the town's outside engineering consultant, VHB, and with the
application of the erosion control and use of organic low nitrogen fertilizers,there will be no degradation
to the quality or quanity of water in or entering Lake Cochichewick or any wetlands.
2. There is no reasonable alternative location outside the Nora-Discharge Buffer Zone for any discharge,
structure or activity.
In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the following
FINDINGS OF FACT:
1. 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;
2. The use will not adversely affect the neighborhood as the lot is located in a residential zone,
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5. The existing pot does not meet the minimum lot area requirements for a lot within the R 1 District as shown in
Table 2 of the North Andover Zoning By-laws, but per Section 9.1 of the Bylaw, when a pre-existing
structure has been made non-conforming due to changes in the lot size required by this bylaw, such
structure may be extended or ahered based on a fading by the Zoning Enforcement Officer that such
structure after the change meets all current zoning requirements except for lot size.
6. 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
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: Permit Site Plan 225 Bridle Path
Prepared for: Howell Design and Build
Prepared by: Hancock Engineering Associates
235 Newbury Street
Danvers,MA 01923
Scale: 1"=20'
Date: July 31,2003 and past revised September 5,2003
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
225 Bridle Path
Watershed Protection District
September 11,2003
Page 3 of 3
b) The Town Planner shall approve any change 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 permit:
a) A performance guarantee of three thousand ($3,000) 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 pian must be in place and 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 deed restriction and a copy of the recorded 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 stem water mitigation tenches 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 applicants proposed construction be allowed to further impact the site other 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 September 10,2003 on
which the Special Permit was issued,unless substantial use or construction has commenced.
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Applicant
Engineer
Abutters
Assessor
DPW
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Watershed Special Permit Application
for
225 Bridle Path
North Andover, MA
HA CK
Prepared by:
HANCOCK ASSOCIATES
235 Newbury Street, Danvers, MA 01923
(978) 777-3050 Fax: (978) 774-7816
HSA@hancockassociates.com r
August 2003
e
Y C E
TORN
I
Town of North Andover Planning Board
Application for Watershed Special Permit i` `` "
Please type or print clearly.
1. Petitioner: Howell Design and Build
Petitioner's Address: 44 Beechwood Drive, North Andover
Telephone number: (9781989-9440
2. Owners of the Land: Gregory&Jeanne Andrusin
Address: 225 Bridle Path North Andover
Number of years of ownership: three(3+1—since May 31 2000
3. Year lot was created: 1976(date of Definitive Subdivision Plan)
4. Is the lot currently on septic or sewer? Sewer
If on sewer,please provide date the sewer connection was completed: about 2000
5. Description of Proposed Project:
To add a small addition to the existing kitchen (11-0"x5'-2"),to add an "Eating
Area"off the kitchen with a basement below(12'-0"x 16'-611),and to add to the
existing living room(71-0"x 12'-11"to d a study with a basement below and a
bathroom above.
6. Description of Premises:
Residential, 1.026+'- acre lot with an existing single family house.
7. Address of Property Being Affected: 225 Bridle Path
Zoning District: R1 &Watershed Protection District
Assessors: Map: 104 Lot# 84
Registry of Deeds: Book#: 5773 Page#: `180 ,
8. E fisting Lot:
Lot Area(Sq.Ft) 44.694+�" BuildingHeight: 32'
Street Frontage: 301.8' `�— Side Setbacks: 31.1' : shed
Front Setback: 77.6' " Rear Setback: 28.2' (shed)
Floor Area Ratio: 9.3%(existing) Lot Coverage: 3.7%(existing)
10.80/6(as woposed) 4.30/6(as proposed)
9. Proposed Lot(if applicable):
Lot Area(Sq.Ft) Building Height
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 87.120 Building Height 35'
Street Frontage: 175' Side Setbacks: 30'
Front Setback: 30' Rear Setback: 30'
Floor Area Ratio: N/A Lot Coverage: N/A
11. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 15 '� #of Floors: 2
Total Sq.Ft. 4476 �_ Height: 32
Use: Residential Type of Construction wood frame
12. Proposed Building:
Ground Floor(Sq.Ft.) 185 #of Floors: 2
Total Sq.Ft. 4827 _ Height: 32 "
Use: Residential Type of Construction wood frame
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises? NO If so,when and for what type of construction?
14. Section of Zoning Bylaw that Special Permit Is Being
Requested
Watershed Special Permit,section 4.136
15. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the
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 expenses
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 Planning B oard
of this application as incomplete.
Petitioner's Signature:
Print or type name here:
Owner's signature:
Print or type name e:�C�527/U�J� /'+'i/�, �,f�'i,�_�"`�So r�
n1 ar.
16. Please list title of plans and documents you will be attaching to this application.
A.Permit Site Plan,prepared by Hancock Engineering Associates, dated 7131103;
B.Stormwater Drainage Computations,prepared by Hancock Engineering
Associates,dated 7131103.
August 4, 2003
The following will address the points Out forth in the checklist for the watershed special permit application as
given by the Town of North Andover Planning Department.
The proposed project is to add three adjacent building additions to an existing residential structure in the R1
Zone. The project proposes new,subsurface stormwater drainage facilities. The proposed project will provide
for an existing family currently in residence on the property. No additional families or traffic will be served by the
proposed construction.
General Requirements
1. As this is a residentially zoned area, the proposed project is an acceptable use of the land.
2. The land will not be overcrowded by a building addition.
3. The value of land and building will not be diminished by the proposed structure.
4. The proposed structure will not impact traffic patterns, as the proposed project will not affect vehicles
beyond the property boundaries.
S. The proposed project will not assist in the increase of population concentration, as no additional families will
be served.
6. The proposed structure will have adequate lighting and aeration.
7. The structure will meet State and local codes for safety and hazard and will not increase their probability.
8. Not applicable
9. The proposed project will not alter watercourses. There are no watercourses on site.
10. The proposed project will not increase probability of flood loss as the site is not within a flood zone
11. The proposed project will not decrease the amenities of the Town, as the proposed project is a residential
accessory structure.
10.31
A. As this is a residentially zoned area, the proposed project is an acceptable use of the land
B. The use will not adversely affect the neighborhood. The proposed use is common in neighborhood areas
C. There will be no increased hazard to vehicles or pedestrians, as the proposed project will not affect persons
or articles beyond the property boundaries.
D. The facilities for proposed operation have been provided.
E. it is felt that the proposed project is in harmony with the general purpose and intent of the Bylaw
Specific Requirements
1. There will not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick.
2. No portion of the property is outside of the Non-Discharge Buffer Zone. No activity is proposed within the
100-foot buffer zone.
3. No wastewater treatment or disposal systems are proposed as part of this project.
4. Proposed on-site operations include the construction of proposed building additions. These are not nitrogen
producing activities.
5. No nitrogen or phosphorus producing activity is proposed as part of this project.
X.0 OF
RICHARD F. G
g DOHERTY
v CIVIL
No.31433
Gts-r
ONAI-
Richard F. Doherty P.E.
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