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Home My WebLink AboutTHE TRUSTEES OF RESERVATIONS (2) f OORTy HCEI W ED o$gtLD b.a"p Town of North Andover TC k"q ^f_ pWS "1F110E Q M Office of the Planning Departure Community Development and Services Sion �� °AarF°sgi1 1600 Osgood Street } ZS CHU North Andover,Massachusetts 01845 NORTH A X131SE-TT V 1 1 MASS AC �I3 NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: September 6,2006 Date of Hearing: September 5,2006 Date of Decision: September 5,2006 Petition of: The Trustees of Reservations Northeast Regional Office 290 Argilla Road Ipswich,Massachusetts 01938 Premises Affected: Weir Hill, Stevens Street, Map 36, Lot 8, within the Residential 2 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow: to remove twenty (20) diseased and damaged trees of the thirty-five (35) trees located in the 0.9 acre area in the Watershed Protection District's 250-foot Non-Disturbance Buffer Zone. After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District, based upon the following conditions: ozf-�P, a 0-6x— 0e) Planning Iffoard John Simons,Vice Chairman Alberto Angles,acting Chairman Jack Green Jennifer Kusek Richard Rowen, Alternate cc: Town Departments Applicant Engineer The Trustees of Reservations Stevens Street,Map 36,Lot 8 Watershed Special Pennit The public hearing on the above referenced application was opened September 5, 2006 and closed by the North Andover Planning Board on September 5, 2006. Franz Ingelfinger, Northeast Regional Ecologist, from the Trustees of Reservation represented the applicant. On September 5, 2006 upon a motion made b Jack Green and seconded b John Simons, to Y Y remove twenty (20) of the thirty-five (35) trees located in the 0.9 acre area in the 250-foot Non- Disturbance Buffer 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 Trustees of Reservations, Northeast Regional Office, 290 Argilla Road, Ipswich, Massachusetts 01938 on August 10, 2006. 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 this decision. The Planning Board voted on the motion by a unanimous vote of 4-0. A special permit issued by the special permit granting authority requires a vote of at least four members of a five- member board. 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. 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. This decision specifically stated by 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 water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The limit of work within the Non-Disturbance Zone of the Watershed Protection District will be minimal and improve the level of fire protection and public safety and enhance the habitats of rare plant, insect, and bird species located on Weir Hill. b) The topography of the site will not be altered substantially. The applicant will utilize Best Management Practices for the cutting and removal of said trees. c) The limit of clearing is restricted to the minimum necessary as described in the letter dated August 9, 2006 and illustrated in Map 1: 0.9-Acre Project Area. d) The project will be completed using Best Management Practices and will rtgave a> ffe on the quality or quantity of runoff entering the watershed protection "ct. lrther adequate safeguards have been provided to mitigate pollutants, storm v t 'c5no , argo erosion from entering Lake Cochichewick. a` r 2 The Trustees of Reservations Stevens Sheet,Map 36,Lot 8 Watershed Special Pennit e) The proposal has been reviewed by Town Staff and the Town's Engineer and with the application of the proposed erosion control measures; there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick or any delineated wetlands. 2. There is no reasonable alternative location outside the Non-Disturbance for any discharge 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 2 Zoning District; 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 lot conforms to the minimum lot area requirements for a lot within the Residential 2 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 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)Permit Definitions: a) The"Locus"refers to the 116 acre parcel of land with land fronting on Stevens Street as shown on Assessors Map 36, lot 8, and also known as Weir Hill,North Andover, Massachusetts. b) The"Plans"refer to the plans prepared by The Trustees of Reservations dated August, revised August 16, 2006 entitled"Map 1: 0.9-Acre Project Area"and four(4) additional pages labeled Figure 1 through Figure 4. c) The"Project"or"Habitat Restoration at Weir Hill"refers to the removal of twenty(20) of the thirty-five(35)trees located in the 0.9 acres area in the 250-foot Non-Disturbance Buffer Zone of the Watershed Protection District. d) The"Applicant"refers to The Trustees of Reservations, the applicant for the Special Permit. 3 The Trustees of Reservations Stevens Sheet,Map 36,Lot 8 Watershed Special Permit e) The "Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant, developer, and owner. 2) 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. 3) Prior to start of work: a) The applicant shall clearly mark all trees to be removed and indicate the extent of the proposed route for removal. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. 4) The applicant shall notify the Town Planner upon completion of the project. The applicant must submit a certification that the site was constructed as shown on the approved plan. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) 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. 7) This Special Permit approval shall be deemed to have lapsed on September 5, 2008 (two years from the date of issuance of September 5, 2006) 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. 8) 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: Map 1:0.9-Acre Project Area Prepared for: The Trustees of Reservations Northeast Regional Office 290 Argilla Road Ipswich, Massachusetts 01938 Prepared by: The Trustees of Reservations Northeast Regional Office 290 Argilla Road Ipswich, Massachusetts 01938 Scale: 1.4"= 125' Date: August 9,2006 Sheets: 1 -4 4 The Trustees of Reservations Stevens Street,Map 36,Lot 8 Watershed Special Permit cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File 5