HomeMy WebLinkAboutBuilding Permit #41-12 - 166 SALEM STREET 7/18/2011 NORTH
BUILDING PERMIT oF�z�Eo
TOWN OF NORTH ANDOVER 0? hyitr• r. 6 ��
APPLICATION FOR PLAN EXAMINATION
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Permit NO: Date Received
�SSACHUSS�
Date Issued:
n IMPORTANT: A plicant must complete all items on this page
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PARCEL. ZONING DISTRICT.� " ` _ _ fy,�_•. '
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TYPE OF IMPROVEMENT PROPOSED USE
Residential Non- Residential
❑ New Building ❑ One family
❑Addition ❑Two or more family ❑ Industrial
❑Alteration No. of units: ❑ Commercial
Repair, replacement ❑Assessory Bldg 11 Others:
emolition ❑ Other
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DESCRIPTION OF WORK TO BE PREFORMED:
(Z,AIS� 14 s-rALL DeTAIGA"I S,44Q tdoF GA9AGE
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Identification Please Type or Print Clearly)
OWNER: Name: CR+ 4LL Phone: (91
Address: 1�66 SAL" S� i
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Su ervtsors C'onstructionLicense i fc 1 _w. mm #Exp'' Date' off^-l° o?d 3
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iHome Improvement License
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ARCHITECT/ENGINEER Phone:
Address: Reg. No. I
FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F.
Total Project Cost: $ ae/ FEE: $
Check No.: /412-1� Receipt No.: 2
NOTE: Persons contractinA w'heunre&gisillontractors do not have acce to the guaran unci�Sigraturecco�contracto 7
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Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑
TYPE OF SEWERAGE DISPOSAL
Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑
Well ❑ Tobacco Sales ❑
Food Packaging/Sales ❑
Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑
THE FOLLOWING SECTIONS FOR OFFICE USE ONLY
INTERDEPARTMENTAL SIGN OFF - U FORM
DATE REJECTED DATE APPROVED
PLANNING & DEVELOPMENT ❑ ❑
I
COMMENTS
CONSERVATION Reviewed on Signature
COMMENTS -
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HEALTH Reviewed on Signature
2
COMMENTS
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Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes
Planning Board Decision: Comments
Conservation Decision: Comments
Water & Sewer Connection/Signature& Date Driveway Permit
DPW Town Engineer: Signature:
Located 384 Osgood Street
FIR E ART x p ®umpst r2ori-site es� � no
(L e tedtat,ii�2`4IMai'6kSt'rreett. �y '
Iia: h+c.M1a 1.�.• ! R 1 tq
dire Department signature/daes -'x d .
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a -4.,t• , ,y"1. .. ' 7LY t d ra r `7 •' d` ,j..,^ x $ ., c o-.. .
Dimension
Number of Stories: Total square feet of floor area, based on Exterior dimensions.
Total land area, sq. ft.:
ELECTRICAL: Movement of Meter location, mast or service drop requires approval of
-Electrical Inspector Yes No
DANGER ZONE LITERATURE: Yes No
i
MGL Chapter 166 Section 21A-F and G min.$10041000 fine
NOTES and DATA — For department use
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Notified for pickup - Date
Doc.Building Pen-nit Revised 2008
Building Department
The following is a list of the required forms to be filled out for the appropriate permit to be obtained.
Roofing, Siding, Interior Rehabilitation Permits j
❑ Building pp Permit Application
❑ Workers Comp Affidavit
❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses
❑ Copy of Contract
❑ Floor Plan Or Proposed Interior Work
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
i
Addition Or Decks
❑ Building Permit Application
❑, Certified Surveyed Plot Plan ' + -
- -o Workers-Comp Affidavit
❑ Photo Copy of H.I.C. And C.S.L. Licenses
❑. Copy Of Contract
❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Mass check Energy Compliance Report (If Applicable)
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
i
New Construction (Single and Two Family)
❑ Building Permit Application
❑ Certified Proposed Plot Plan
❑ Photo of H.I.C. And C.S.L. Licenses
❑ Workers Comp Affidavit
❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Copy of Contract
❑ Mass check Energy Compliance Report
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals
that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording
must be submitted with the building application
Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07
Revised 2.2008
Locationl�/�/
No. "' Date
TOWN OF NORTH ANDOVER
Certificate of Occupancy $
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sCNUS Building/Frame Permit Fee $ _
Foundation Permit Fee $ �
Other Permit Fee $
TOTAL $
Check # �
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Building Inspector
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PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
-Decision Definitive.Subdivision Plan,-Final
�.Any appeal shallbe filed
within(20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: March 16,2009
Date of Hearing: October 7,2008 through
-March 16,2009
Date of Decision: March 16,2009
Petition of: 166 Salem Street Realty Trust
166 Salem Street
North Andover, MA 01845
Premises Affected: 166 Salem St.,North Andover,MA,Assessors Map 37D,Parcel 21.
Referring to the above-petition for Approval of a Definitive Subdivision Plan according to the requirements
of the North Andover Subdivision Rules and Regulations Section 5.6 Decision:
So as to construct a three-lot subdivision including a roadway, the installations of stormwater management
ffifiwtructure, the installation of underground utilities, connections to existing water and sewer service and
substantial grading in the R-3 Zoning District.
After a public hearing given on the above dates, and upon a m nd
motion by R. Rowen and 2 by T. Seibert to
APPROVE the Application for a Definitive Subdivision Plan as amended and based upon the following
conditions.A vote of 4-0 was made in favor of the application.
0 0
behalf of the NortAndover Planning Board
John Simons,Chair
Richard Rowen
Jennifer Kusek,Clerk
Timothy Seibert
The Planning Board herein APPROVES the Application for a Definitive Subdivision to create three lots,
including lot 2a with 33, 421 sq. ft., Lot 3 with 57, 488 sq. ft., and Lot IA with 25,000 sq. ft. It should be
noted that Lot lAwas created as a lot with the endorsement of an Approval Not Required Plan, endorsed by
the Planning Office on April 1, 2008. The project is located at 166 Salem St., North Andover,
Massachusetts, 01845, Map 37D, Parcel 21 in the Residential 3 (R-3) Zoning District and in the Non-
166 Salem.Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
Map 37D,Parcel 21
Discharge Buffer Zone of the Watershed Protection District. The application was filed with the Planning
Board on September 3,2008. The public hearing on the above referenced application was opened on October
21, 2008, and.closed by the North Andover Planning Board on March 16, 2009. The applicant submitted a
complete application, which was noticed and reviewed in accordance with Section IV of the Town of North
Rules and Regulations Governing the Subdivision of Land.
The PIanning Board makes the following findings as required by section 5.6 of the.North Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS OF FACT:
In accordance with Section 5.6 of the North Andover Zoning Rules and Regulations Governing the
Subdivision of Land,the Planning Board makes the following findings:
A. The Definitive Plan, which dated July 23, 2008 and last revised March 12, 2009, is
substantially complete and technically adequate, accept as amended herein.
B. The Defmitive Plan shows a Plan of Lots (Sheet 1 of 5)that depicts the creation of three lots
with the following area and frontage on a 50 ft. Right-of-Way shown on the plan as "Lydia
Lane": Lot IA, 25;000 sq. ft. and 135 ft. of frontage; Lot 2A, 33,421 sq. ft. and 172 ft. of
frontage; Lot 3, 57,488 sq. ft. and 125 ft. of frontage. The Plan thus conforms to all
applicable zoning requirements.
C. The Planning Board finds that the proposed road layout(Sheet 3 of 5, Site Grading Plan)and
design is less intrusive than that of a conventional subdivision road and that the design is
more in keeping with the character of the neighborhood. The applicant had previously
proposed a four lot subdivision with a conventional subdivision road that would have been
more intrusive and would have had much greater impact on the natural topography and site
features of the neighborhood and the surrounding environment in the Watershed district.
D. The proposed roadway layout provides for adequate access to all of the lots in the subdivision
that will be safe and convenient for travel.
E. The applicant applied for and received approval for a Watershed Special Permit from the
Town of North Andover Planning Board according to the Town of North Andover Zoning
Bylaw section 4.126. In making that decision, the Planning Board found that the overall
design of the subdivision was less intrusive and had less impact on the environment than the
initial plan.
F. The applicant had applied for an Earth Removal Special Permit from the Town of North
Andover Zoning Board of Appeals, under Section 5,paragraph 5.6.2 of the town of North
Andover Zoning Bylaw for the removal of 3,655 cubic yards of excess earth material related to
the construction of a four-lot subdivision. The applicant requested a withdrawal without
prejudice due to the fact that the design of the Subdivision was changed from four lots to three.
lots with a reduced roadway layout so that the Earth Removal Permit was not required. The ZBA
voted to grant the applicant's request for a withdrawal without prejudice on January 13,2009.
G. The roadway layout and stormwater management systems as depicted in Sheet 3 of 5 (Site
Grading Plan) has been found to provide a design that is compatible with the surrounding
neighborhood, that provides for adequate drainage and provides for least amount of intrusion
and disturbance with the 400 ft. buffer of the Non-Discharge Zone of the Watershed
Protection Area.
H. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways.
I. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles.
2
166 Salem Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
Map 37D,Parcel 21
J. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies.
The new roadway will provide adequate access for emergency situations. g
K. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground-
utility services, fire, police and other similar municipal equipment, and street lighting and
other requirements where necessary in a subdivision.
L. The Definitive Plan has been reviewed by the Department of Public Works, and the Fire
Department and has been found to be acceptable.
M. The Definitive Plan conforms with the design and construction standards described in these
Rules and Regulations,with the exceptions of waivers granted in Condition 2.
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 115,909 sq: ft. parcel of land with land fronting on Salem Street as
shown on.a portion of Assessors Map 37D, Parcel 21, and also known as 166 Salem St., North
Andover,Massachusetts.
B) The"Plans"refer to the plans prepared by Christiansen & Sergi 160 Summer St., Haverhill, MA
01830 dated July 23, 2008,revised to October 10,2008, February 2,2009, February 17, 2009 and
March 12, 2009, consisting of Sheets 1 - 5, titled "Definitive Subdivision Plan for Captain
Nathaniel Berry Homestead, located in North Andover,Mass,record owner and applicant 166 Salem
Street Realty Trust, 166 Salem Street,North Andover,MA 01845".
C) The "Project" or "166 Salem Street" refers to the construction of a three-lot subdivision,
including a roadway, the installations of stormwater management infrastructure, the installation
of underground utilities, connections to existing water and sewer service and substantial grading
in the R-3 Zoning District
D) The "Applicant" refers to 166 Salem Street Realty Trust, the applicant for the Definitive
Subdivision Plan Approval.
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 roadway, utilities and stormwater management systems will be constructed according to the Plans, .
with the following waivers granted by the Town of North Andover Planning Board, according to the
provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land.
These waivers are.hereby granted in consideration of the fact that the number Qf lots originally proposed
for the subdivision was reduced from 4 lots to 3 lots and that the design of the roadway.was changed
from that of a conventional subdivision road to the less intrusive roadway design as presented on the
approved Plan:
• Section 6.8.1 Table IA.Minimum pavement width proposed is 18 ft., instead of 26 ft.
• Section 6.8.1 Table IA. Minimum intersection corner curb radius proposed is 10 ft., instead of
40 ft.
• Section 6:8.1 Table IA.A 50 ft.vertical curve is proposed, instead of the required 100 ft.
3
166 SalemStreet Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
Map 37D,Parcel 21 4
• Section 6.8.1 Table IA. A K value of 12.5 for the"driveway"is proposed, instead of the required y Y
30 K value.
• Section 6.8.1 Table IA.No cul-de-sac is proposed.
• Section 6.9.No curbing is proposed.
• Section 6.11.No sidewalks are proposed.
• Section 6.15.2.No fire hydrants are proposed. There is a fire hydrant within 200 ft. of the current
driveway entrance to 166'Salem St.
• Section 6.18.1. No street trees are proposed.
• Section 6.21.No street lighting is.proposed.
• Appendix I. "Driveway"construction will consist of an 8' gravel base,topped by 4"of crushed
stone,2 ''/z' binder course and 1 '/2' top course. The requirement is for 12' gravel base,with a 4'
sub-base of crushed stone, a 4'.binder course and 1 ''/s'top course.
• Appendix 1.No street sign is proposed.
The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent
and purpose of the Subdivision Control Law and the Rules and Regulations.and such waivers are hereby
granted.
3) The roadway will remain private, to be maintained by a homeowner's association, with the terms of
ownership and maintenance to be documented in the respective deeds for each lot in the subdivision.
4) All existing trees that are noted on the plan to remain will be maintained in perpetuity.
5) 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.
6) In consideration of the approval of the Plan,there is to be no further division or subdivision of a part
or portion of the parcel. This restriction is to documented in the respective deeds for each lot in the
subdivision.
PRIOR TO ENDORSEMENT OF THE PLAN
1) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a. A covenant (FORM I) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board. Said lots may be released from the
covenant upon posting of security as required in Condition 5 under "PRIOR TO START OF
CONSTRUCTION".
b. A Site Opening Bond in the amount of one thousand($1,000)dollars to be held by the Town of
North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of
North Andover that will be placed into an interest bearing escrow account.
c. A notation must be placed on the plan noting that the roadway is considered a private driveway,not a
public road.
d. Deed restrictions must be placed on Lots IA, 2A and 3 regarding the fact that the private roadway
will never be maintained by'the Town and that it will never be accepted as a public road.
e. Deed restrictions must be placed on all lots regarding the further subdivision of the lots, as noted in
Special Condition#6.
f. Easement documents and maintenance agreements concerning the private driveway must be
submitted and reviewed and approved by Town Counsel.
g. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on
the subdivision.
4
ioo awembtreetxeany Trust
166 Salem Street Definitive Subdivision Plan Decision
Map 37D,Parcel 21
} h. All drainage,water and sewage facilities designs shall be approved by the North Andover Division of
Public Works.
i. The applicant must meet with the Town Planner in order to ensure that the plans conform to the
Board's decision. These plans must be submitted within ninety (90)days of filing the decision with
the Town Clerk.
j. The Subdivision Decision for this project must appear on the mylars..
k. A Development Schedule must be submitted for signature by the Town Planner. The schedule must
show building permit eligibility by quarter for all lots.
1. All documents shall be prepared at the expense of the applicant, as required by the Planning Board
Rules and Regulations Governing the Subdivision of Land.
PRIOR TO THE START OF CONSTRUCTION
1) The record plans must be endorsed by the Planning Board and recorded by the applicant at the Registry of
Deeds.
2) Three (3)' copies of the signed, recorded plans and two copies of the following recorded
documents must be delivered to the Planning Department: Subdivision Approval Form M,
Easement documents, homeowners' agreement and maintenance documents referred to in
Condition 3 under"Special Conditions".
3) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The
Planning Staff must be contacted prior to any cutting and or clearing on site.
4) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department. .
5) A Performance Guarantee in an amount to be determined by the Planning Board and the DPW, shall be
posted to ensure completion of the work in accordance with the Plans approved as part of this conditional
approval. The bond must be in the form acceptable to-the North Andover Planning Board. Items covered
by the Bond may include,but shall not be limited to:
a. as-built drawings;.
b. sewers and utilities;
c. roadway construction and maintenance;
d. lot and site erosion control;
e. site screening and street trees;
f. drainage facilities;
g. site restoration;
h. final site cleanup.
6) A pre-construction meeting must be held with the developer,their construction employees, Planning
Department and Building Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
7) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk fund.
The DPW will determine the amount of the contribution and evidence of DPW's determination and a
receipt for the contribution must be submitted to the Town Planner.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1) The private driveway must be constructed to binder paving with stabilized shoulders and the rain
gardens in place,.
5
166Salem Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
Map 37D,Parcel 21
2) All condition found in the Watershed Special Permit for each lot must be complied with.
3) A Plot Plan for the lot in question must be submitted to include the following:
a. Location of the structure
b. Location of the driveway
c. Location of all water and sewer lines
d. Any graded called for on the lot
e. Location of drainage,utility and other easements.
4) All appropriate erosion control measures for the lot shall be in place.
5) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
6) The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
7) Lot numbers,visible from all roadways must be posted on all lots.
8) Prior to the issuance of a Building Permit for Lot IX a Plot Plan showing the reconstruction of the
existing stone walland and fence facing Salem Street will be submitted for approval by the Planning
Office.
DURING CONSTRUCTION
1) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.
2) It shall be the responsibility of the developer to assure that no erosion from the site of construction
shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be
a basis for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board 'shall give the developer written notice of any such
finding and.ten days to cure said condition.
3) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
4) Hours of construction are limited from 7 am.to 5 p.m., Monday through Friday and 8 a.m.—5 p.m. on
Saturdays
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
1) A granite post with the three "Salem Street" house numbers must be installed at the entrance to
the driveway. The location and size of granite post must be approved by the North Andover Fire
Department.
2) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and
safety.
6
166 Salem Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
Map 371),Parcel 21
3) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit
seeing or sodding.
4) It shall be the developer's responsibility to assure thero er placement of the driveways
r r r
regardless of whether individual lots are sold. The Planning Board requires any driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone bound position.
5) The Planning Board reserves the right to review the site after construction is.complete and require
additional site screening as it deems necessary and reasonable.
6) The applicant must submit a letter from the architect and engineer of the project stating that the
building and site layout substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
7) The homes built on lots IA and 3 must be equipped with a home sprinkler system that will be
installed according to current building code standards. The sprinkler systems must be inspected and
approved by the North Andover Fire Department.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
1) A final as-built planshowing final topography,the location of all on- site utilities, structures and
drainage facilities must be submitted to the PIanning Department.
2) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
3) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of
Public Works requirements are satisfied and that construction was in strict compliance with all
approved plans and conditions.
4) The private driveway and all stormwater management systems must be constructed according to the
plans approved by the Planning Board
GENERAL CONDITIONS
1) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
2) Gas, Telephone, Cable and,Electric utilities shall be installed underground as specified by the
respective utility companies.
3) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and.between 8:00 a.m. and 5:00 p.m. on Saturday.
4) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
5) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
7
166 Salem Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
Map 37D,Parcel 21 •
`r
6) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
7) The following information shall be deemed part of the decision:
Plan titled: Definitive Subdivision Plan for"The Captain Nathaniel Berry Homestead", located
in North Andover,MA
Prepared for: 166 Salem Street Realty Trust
166 Salem Street
North Andover,MA 10845
Prepared by: Christiansen&Sergi
160 Summer St.
Haverhill,MA
North Andover,MA 01845
Scale: 1"=40'
Date: July 23,2008,revisions October 10,2008,February 17,2009,and March 12,2009.
Sheets: 5
Application for Definitive Subdivision Plan
Received: Sept. 3,2008
Narrative
Received, Sept. 3,2008
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
8
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4 %,- MAR 2 0 P"1
5 SSAC ED 01 1
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7
PLANNING DEPARTMENT PWSSACf"
8 Community Development Division
9
10 1600 Osgood Street
North Andover,Massachusetts, 01845
12 Decision—Watershed Special Permit. Final
13
14 Any appeal shall be filed
15 within (20)days after the
16 date of filing this notice in
17 the office of the Town Clerk.
18 Date: March 16,2009
19
Date of Hearing: October 7 through March
20
16, 2009
21
22 Date of Decision: March 16,2009
23
24 Petition of: 166 Salem Street Realty Trust
25 166 Salem Street
26 North Andover, NIA 01045
27 Premises Affected: 166 Salem St.,North Andover,MA,Assessors-Map 37D,Parcel 21.
28
29 Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
30 Zoning Bylaw, Section 4.136:
31 Under Section 4.136.3(b)(ii)(1)of the Bylaw to permit limited activity within the Non-Discharge
32 Zone of the Watershed Protection District
33
34 So as to construct a three-lot subdivision, including a roadway,the installations of stormwater
35 management infrastructure, the installation of underground utilities; connections to existing water and
36 sewer*service and substantial grading within the Non-Discharge Zone of the Watershed Protection
37 District.
38
39
40 After a public hearing given on the above dates, and upon a motion by R. Rowen and 2nd by J. Kusek to
41 APPROVE the Application for a Watershed Special Permit as amended and based upon the following
42 conditions.A vote of 4-0 was made in favor of the application.
43
44
45
46 On application.
the—North dover Planning Board
47 John Simons,Chair
48 Richard Rowen
49 Jennifer Kusek,Clerk
50 Timothy Seibert
51
oo3aiem streetxealty 1 rust
166 Salem Street Watershed Special Permit Decision
Map 3 7D Parcel 21 ,
2 The Planning Board herein APPROVES the Watershed Special Permit to construct a three-lot subdivision,
3 including a roadway, the .installations of stormwater management infrastructure, the installation of
4 underground utilities,connections to existing water and sewer service and substantial grading within the 325
5 foot Non-Discharge Buffer Zone of the Watershed Protection District. The project is located at 166 Salem
6 St.,North Andover,Massachusetts, 01845,Map 37D Parcel 21 in the Residential 3 (R-3)Zoning District and
7 in the Non-Discharge Buffer Zone of the Watershed Protection District. There are three parcels with a total of
8 approximately 115,909 s-f.,two'of which have frontage on Salem Street,with the third having frontage on the
9 new roadway. This Special Permit was requested by 166 Salem Street Realty Trust of 166 Salem St.,North
10 Andover,MA 01845. The application was filed with the Planning Board on September 3,2008. The public
11 hearing on the above referenced application was opened on October 21, 2008, and closed by the North
12 Andover Planning Board on March 16, 2009. The applicant submitted a complete application, which was
13 noticed and reviewed in accordance with Sections 4.126, 8.3, 10.3, and 10.31 of the Town of North Andover
14 Zoning Bylaw and MGL C.40A, Sec. 9.
15
16
17 . The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
18 Section 10.52:
19
20 FINDINGS OF FACT:
21
22 That as a result of the proposed construction in conjunction with other uses nearby, there will not be any
23 significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning
24 Board bases this fmding on the following facts:
25
26 1. The project is located within the Non-Discharge Zone of the Watershed Protection District.
27 The final design reflects extensive discussions between the Town and applicant.to ensure the
28 continued protection of Lake Cochichewick and the safety and welfare of the residents of
29 North Andover.
30
31 2. There will be no construction of stormwater management systems within the limits of the 400$.
32 buffer of.the Non-Discharge Zone. The creation of the subdivision will result in limited
33 disturbance within that buffer zone, due to the construction of the new home, an allowed use
34 according to the Town of North Andover Bylaw, section 4.126.
35
36
37 3. The applicant has applied for and received approval for a Definitive Subdivision of Land,that
38 shows the creation of three lots that conform to the dimensional requirements for a lot within
39 the Residential 3 Zoning District as shown in Table 2 of the North Andover Zoning By-laws.
40 The applicant had previously proposed a four lot subdivision with a conventional subdivision
41 road,that would have been more intrusive and would have had much greater impact on the
42 neighborhood and the surrounding environment. Specifically, the current design eliminates
43 the need for the construction of a detention pond in the Watershed Protection District.
44
45
46 4. The applicant had applied for an Earth Removal Special Permit from the Town of North
47 Andover Zoning Board of Appeals,under Section 5,paragraph 5.6.2 of the town of North
48 Andover Zoning Bylaw for the removal of 3,655 cubic yards of excess earth material related to
49 the construction of a four-lot subdivision. The applicant requested a withdrawal without
50 prejudice due to the fact that the design of the Subdivision was changed from four lots to three
2
166 Salem Street Realty Trust
166 Salem Street Watershed Special Permit Decision
v Map 37D Parcel 21
1 lots with a reduced roadway layout so that.the Earth Removal Permit was not required. The ZBA
2 voted to grant the applicant's request fora withdrawal without prejudice on January 13,2009.
3
4 5. The applicant has provided for sufficient erosion control measures to ensure that any
5 stormwater runoff that occurs during construction is contained and infiltrated on-site.
6
7 6. The applicant has also provided information showing that there will be very little runoff from
8 new impervious surfaces and that the runoff will be discharged into the ground and infiltrated
9 within the two rain gardens to be constructed on site.
10
11 7. There is no reasonable alternative location outside the General, Non-Disturbance, and the
12 Discharge Zones for any discharge,structure or activity.
13
14 8. The specific site is an appropriate location for the proposed use as it is consistent with the-
15 existing residential use on the site;
16
17 9. The use will not adversely affect the neighborhood as the lot is located in a Residential 3 Zoning
18 District;
19
20 10. There will be no nuisance or serious hazard to vehicles or pedestrians;
21
22 11. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
23
24
25 12.' The Planning Board also makes a specific finding that the use is in harmony with the general
26 purpose and intent of the North Andover Zoning Bylaw.
27
28 Upon reaching the above findings,the PIanning Board approves this Special Permit based upon the following
29 SPECIAL CONDITIONS:
30
31 1) Permit Definitions:
32
33 A) The "Locus" refers to the 115,909 sq. ft. parcel of land with land fronting on Salem Street as
34 shown on a portion of Assessors Map 37D, Parcel 21, and also known as 166 Salem St., North
35 Andover,Massachusetts. _ -
36
37 B) The"Plans" refer to the plans prepared by Christiansen & Sergi 160 Summer St., Haverhill,MA
38 01830 dated July 23, 2008,revised to October 10, 2008, February 2,2009,February 17, 2009 and
39 March 12, 2009, consisting of Sheets 1 - 5, titled "Definitive Subdivision Plan for Captain
40 Nathaniel Berry Homestead,located in North Andover,Mass,record owner and applicant 166 Salem
41
Street Real T ,
Trust; 166 Salem Street;Realty � eet,North Andover,MA 01845 .
42
43 C) The "Project" or "166 Salem Street" refers to the construction of a three-lot subdivision,
44 including a roadway, the installations of stormwater management infrastructure, the installation
45 of underground utilities, connections to existing water and sewer service and substantial grading
46 in the R-3 Zoning District
47
48 D) The "Applicant" refers to 166 Salem Street Realty Trust, the applicant for the Definitive
49 Subdivision Plan Approval.
50
3
166 Salem Street Realty Trust
166 Salem Street Watershed Special Permit Decision
Map 37D Parcel 21 +-
1 E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
2 from time to time,which can include but is not limited to the applicant,developer, and owner.
3
4
5 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
6 by the Town Planner would require a public hearing and modification by the Planning Board.
7
8
9
10 PRIOR TO THE START OF CONSTRUCTION
11 ',
12 A) All applicable erosion control measures must be in place and reviewed and approved by the
13 Planning Department.
14
15 C) A bond in the amount of one thousand dollars ($1,000.00)shall be posted for the purpose of insuring
16 that the site is constructed in accordance with the approved plan and that a final as-built plan is
17 provided, showing the location of all on-site structures. This bond shall be in the form of a check :
18 made out to the Town of North Andover. This check will then be deposited into aninterest bearing
19 escrow account.
.20
21 ' PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
22
23 A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
24
25 B) One certified copy of the recorded decision must be submitted to the Planning Department.
26
27 DUiz_INRL
G C0NSTCTION
28
29 A) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
30 reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
31 and fenced off to minimize any dust problems that may occur with adjacent properties.
32
33 B) It shall be the responsibility of the developer to assure that no erosion from the site of construction
34 shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
35 except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be
36 a basis for the Planning Board making a finding that the project is not in compliance with the plan;
37 provided, however, that the Planning Board shall give the developer written notice of any such
38 finding and ten days to cure said condition.
39
40 C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
41 regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
42
43 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
44
45 A) The applicant must submit a letter from the architect and engineer of the project stating that the
46 building and site layout substantially comply with the plans referenced at the end of this decision as
47 endorsed by the Planning Board.
48
49
50 . PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
4
166 Salem Street Realty Trust
166 Salem Street Watershed Special Permit Decision
s Map 37D Parcel 21
2 A) A final as-built plan showing final topography,the location of all on- site utilities, structures and
3 drainage facilities must be submitted to the Planning Department.
4
5 B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
6 approved plan.
7
8
9 GENERAL CONDITIONS
10
11
12 A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
13
14 B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
15 respective utility companies.
16
17 C) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
18 .. Friday and between 8:00 a.m. and 5:00 p.m.on Saturday.
19
20 D) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
21 employees and all successors and assigns in interest or control.
22
23 E) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
24 design of the building, as presented to the Planning Board, may be subject to modification by the
25 Planning Board.
26
27 F) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
28 substantial,the developer must submit revised plans to the Planning Board for approval.
29
30 G) This Special Permit approval shall be deemed to have lapsed after March 16, 2011 (two years
31 from the date permit granted), exclusive of the time required to pursue or await determination of
32 any appeals, unless substantial use or construction has commenced within said two-year period or
33 for good cause.
34
35 H) The following information shall be deemed part of the decision:
36
37 Plan titled: Definitive Subdivision Plan for"The Captain Nathaniel Berry Homestead", located
38 in North Andover MA
39 North Andover,Mass.
40 Prepared for: 166 Salem Street Realty Trust
41 166 Salem Street
42 North Andover,MA 10845
43 Prepared by: Christiansen&Sergi
44 160 Summer St.
45 Haverhill,MA
46 North Andover,MA 01845
47 Scale: 1"=40'
48 Date: July 23 2008,-revisions October 10,2008,February 17,2009,and March 12,2009.
49 Sheets: 1
50
5
166 Salem Street Realty Trust
166 Salem Street Watershed Special Permit Decision
Map 37D Parcel 21
1 Application for Definitive Subdivision Plan
2 Received: Sept. 3,2008
3 Narrative
4 Received: Sept. 3,2008
5
6 cc: Town Departments
7 Applicant
8 Engineer
9 Abutters _
10 Assessor
6
i
V40RTH
Town Of .
0
No. 4 #i ® /
over Mass.,
Mass.,
Q LAKE
COCHICHEWICK �.
7,950 ATED P �C
Nam
U BOARD OF HEALTH
Food/Kitchen
. PE , , MIT T D Septic System
BUILDING INSPECTOR
7.. ..161404tu. 00.... .THIS CERTIFIES THAT....... .......... .... �.. ..............................................................................
•••••••' Foundation
has permission to erect...... ......................... build*n s on /G.4 .. K .......(11111 110 ............... Rough
to be occupied as.................. .. .... .�. .r. f ,i►�... '....... Chimney
provided that the person a ing this permit s all every respect c nform to the terms of the ap cation on a in Final
this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of
Buildings in the Town of North Andover. PLUMBING INSPECTOR
VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough
Final
• PERMIT EXPIRES IN 6 S
ELECTRICAL INSPECTOR
UNLESS CONSTRU - Rough -
Service
. .............................................................. .....................
BUILDING INSPECTOR
Final
Occupancy Permit Required to Occupy Building GAS INSPECTOR
Rough
Display in a Conspicuous Place on the Premises — Do Not Remove Final
No Lathing or Dry Wall To Be Done FIR_E,DEPARTMENT.
Until Inspected and Approved by the Building Inspector. Burner
Street No.
SEE REVERSE SIDE Smoke Det.
TOWN OF NORTH ANDOVER
AFFIDAVIT
Home Improvement Contractor Law
Supplement to Permit Application
MGL c. 142 A requires that the"reconstruction, alteration,renovation,repair,modernization,
conversion,improvement,removal,demolition,or construction of an addition to any pre-existing
owner occupied building containing at least one but not more than four dwelling units...or to
structures which are adjacent to such residence or building"be done by registered contractors,
with certain exception,along with other requirements.
Type of Work: De�,0/f`i -..L Est. Cost
Address of Work 14 /e-'^
Owner (Name: ��° C � �� x
Date of Permit Application:
I hereby certify that:
Registration is not required for the foilowinq reason(s): For office Use Only
Work excluded by law Permit No.
Job under$1.000
Date
Building not owner-occupied
Owner pullino own permit
__=e�Tes.�e'_:!,ttY:_ t e tk_ .. ie C r, -__• `_ _—_` eC`.3 _�t t'—?
uqw!len
- --- - -
W)Cpallillem of Pubfic
B 'nL.
- k.-da6ml! and St-amim-ils
Board of Buildlg—
N=
C On--
icense: CS 91353
STEVEN ROGERS
16 HOLBROOK AVE
DRACUT, IMA-01825
Expiration: 21U2G13
12065
Owner/Contractoip, A
OWNER/CONTRACTOR AGREEMENT between Steven Rogers DBA S &J
Remodeling and Contracting and
Date TVI 2 0 //
Contract Details
s
Contract Amount: Dollars ($ v o® )
Contractor Signature
ab(/
Homeowner Signature)'
www.socratesmrn Page 1 of 1 SS4301.310 Rev.05104
The Commonwealth of Massachusetts
l Department of Industrial Accidents
' r Office of Investigations
t
• l t 'I 600 Washington Street
Boston, MA 02111
r www.mass gov/dia .
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
A [icant Information Please Print UAW
Name(Business/Organization/individual): ®7,0z.2 .G A
Address: /Vv / I'm/ �� �
City/State/Zip: C-� }� ,mss/v- �` Phone#:
Are you an employer?Check the appropriate box: Type of project(required):
L C] 1 am a employer with 4. Q l am a general contractor and 1 b. New construction
,,(employees(full and/or part-time).* have hired due sub-contractors
2.�J I am a sole proprietor or partner- listed on the attached sheet t ?• 0 Remodeling
/., ship and have no employees These sub-contractors have $. 06
Demolition
working for me in any capacity. workers'comp.insurance. q. Building addition
[No workers'comp.insurance 5. ❑ We are a corporation and its 10.(]Electrical repairs or additions
required.] officers have exercised their
3.❑ I am a homeowner doing all work right of exemption per MGL 11.[]Plumbing repairs or additions
myself.[No workers'comp. c. 152,§1(4),and we have no 12.0 Roof repairs
insurance required.]t employees. [No workers'
comp.insurance required] 13.(]Other
*Any applicant that checks boli#I must also fill out the section below showing their workers'compensation policy information.
r Homeowners who submit this affidavit indicating they are doing all work and then Erre outside commoors must submit a new affidavit indicating such.
*Contractorsthat check this box mustattached on additional sheet showing the name of the suit-ountractors and their workets'comp.policy information.
I ani an employer that is proWding workers'compensadon insurance for rrry es WhTees. Below is the policy and job site
infonnadon.
Insurance Company Name: ...'� O
Policy#or SPIf--ins.Lic.#: O®—a7G �� 7 Expiration Date: 3 /
Job Site Address: L Jap e -r city/Stateizvd ./er W4
Attach a copy of the workers'compensation policy decl:ration page(showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 andlor one-year imprisonment,as well as civil penalties in d-ie form of a STOP'WORK ORDER and a fine
of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIx.for insurance coverage verification.
,rir� Elieiiflri � Q�pr?vi- c0s N fJVU =e',s pau-uurdpe- `s utided ;o)veis true and correct.
7
ft S.SUOR9 AMoriEV is reie onei:
i. "oar"ti'e Fi2A lir i5tiiiQiE?tr De�rBFesiairertt 3.cit-V1 a elivrt�;6Qrs€ 4.�es�Er iC�F�bd� st@r S,-Fitumbing f*sPectar fE
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.......,..-
-- -------- ------- -
7/15/2011 9:59 AM FROM: Gallant Ins Agcy Gallant Ins Agcy TO: 919783496122 PAGE: 002 OF 002
OATS (NMMWYYYY)
ACORU` CERTIFICATE OF LIABILITY INSURANCE F
07115/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCEP,AND THE CERTIFICATE HOLDER.
IMPORTANT:t the certificate holder is an ADDITIONAL INSURED,the po8cy(ies)must be endorsed.N SUBROGATION M WANED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER Phan: (978)263-3500 Faoc(978)263.1438 �!cT Gallant In5�p0e Agency,Inc.
GALLANT INSURANCE AGENCY,INC. (978)2633500 rm (978)263-1438
199 GREAT ROAD I P 0 BOX 975 E-MAIL
ACTON MA DIM Amoss
PRODUCER 36704
CUS70WR m:
INSURER(S)AFFORDING COVERAGE NAIL i
NSUREO ICER A Travelers Casualty hes Co of America
STEVEN ROGERS
DBA S&J REMODELING&CONTRACTING INSURER e : Associated Employers inSlffdnCe Co
16 HOLBROOK AVENUE INSURER c
DRACUT MA 01826 INSURER Ir
INSLPER E :
INSURER :
COVERAGES CERTIFICATE NUMBER: 25047 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
IONS AND CONDITIONS QF&M AIN SHOWN MAY HAVE BEEN REDUCED BY PAI r CLAIMS-
TYPE OF INSURANCE ADIYL SCSR te. POLICY NUMBER POLICY EFF POLICY EXP um"
LTRA 08x" LI"N"T^' 680-2469Ni49 0310/111 03101/12 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DANIAGE TO(Ea $ 300,000
CLAMS-MADE I—XI OCCUR MED.FJ(P(AY one person) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMB APPLIES PER' PRODUCTS-COMPIOP AGG $ 2,0001000
POLICY PRO-
RO OC $
AUTOMOSTE LTASRJTY COMBINED SINGLE LIMIT $
(EB accident)
ANY AUrO
BODILY INJURY(Per person) $
ALL OWNED AUTOS BODILY INJURY(Per accident) $
SCHEDULED AUTOS
PROPERTY DAMAGE
.HIRED/4ITOS (Per acadert) .$.
NON-OWNED AUTOS $
$
UMBRELLA Lva OCCUR EACH OCCURRENCE $
EtCESS tIAB CLAIMSMADE AGGREGATE $ _
DEDUCTIBLE $ —
ftETF TION $ $
I worscees eoatPelsAnoN
rYi�a s 0-
AND EMPLAYERW LLN39 3Y - YIN -
ANY prtOp—URIPAmNt3LE)IEcveryE EL.EACH ACCIDENT $
OFFICEtmurAh int at E%CWOED't �':NRA EL.DISEASEEAEMPLOYEE .
tin M�I $
DEscxPTION OF OPERATIONS Mw EL.DISEASE-POLICY LIMB $
I
I
OESCWPRON OF OPERARONS I LOCATIOPI,S/VEHICLES(Attach ACORD 101,AdManat Remarks SehedWe,a more space is required)
Steven Rogers is covered by the Workers'Compensation policy.
CERTIFICATE HOLDER CANCELLATION
MOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Jade Cahill THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
166 SalemStreet ACCORDANCE WITH THE POLICY PROVISIONS.
.
North Andover MA 01810 AUTHORIZED REPMSENTATNE
Attention: fax S Rogers#978349-6122
Ray Gallant
ACORD 25(2009/09) ®1988-2009 ACORD CORPORATION. All rights reserved
The ACORO name and logo are registered marks of ACORD
Town of North Andover NORTH
Building Department O .��LE° #6
1600 Osgood Street Bldg 20, Suite 2-36 +
North Andover MA 01845 0
i
Tel: 978-688-9545 Fax: 978-688-9542
L m" #
DEMOLITION OF BUILDING AFFIDAVIT �`
COCNICNl WICK
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DATE 9SSAC HUSH
OWNER'S NAME &ADDRESS:
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CONTRACTOR'S NAME &ADDRESS: 5CLE /C.4 c>,-wz z ��CAd,Qr7'A1�
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BUILDING INSPECTOR:
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