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HomeMy WebLinkAboutMiscellaneous - 234 BRENTWOOD CIRCLE 4/30/2018 (5) 234 BRENTWOOD CIRCLE 2101084,0-0052-DOW.0 __J Town of North Andover OFFICE OF ,�=o ,,•• •,goo COMMUNITY DEVELOPMENT AND SERVICES I- . - 41 30 School Street ?; North Andover, Massachusetts 01845 �," •�•"ty WILLIAM I.SCOTT SSAcmustt Director NOTICE OF DECISION z o Any appeal shall be filled -+::�.rnr, within (20) days after the date of filling this Notice in the Office of the Town Clerk. 70 c Date March 18, 1998 Date of Hearing_2/17/98, 3/3/98, 3/17/98 Petition of Robert & Sara Schwartz Premises affected 234 Brentwood Circle Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 1.436 (3)(c)(ii) & 1.436 (3)(b)(ij so as to allow to construct a home addition partially within the non-disturbance zone. After a public hearing given on the above date, the Planning Board voted to APPROVE the watershed Special Permit based upon the following conditions: Signed L 9�I��� CC: Director of Public Works Richard S.Rowen, Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau. V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney Towns Outside Consultant File Planning Board Interested Parties CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 ' *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET Town of North Andover a MORTIy ' OFFICE OF ?o•, ••� 0 COMMUNITY DEVELOPMENT AND SERVICES _. n 30 School Street :^� North Andover,Massachusetts 01845 �9'°•,=°•''�ty 1✓ILLIAM J.SCOTT SSAcluS� Director March 18, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit-234 Brentwood Circle Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening February 17, 1998 at 7:30 p.m. in the Department of Public Works, upon the application of 234 Brentwood Circle, North Andover, Ma 01845 requesting a special permit under Section 1.436 (3) (c) (ii) (non- disturbance zone) and 1.436 (3) (b) (ii) (non-discharge zone) of the Watershed Protection District of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on January 28 &February 4, 1998 and all parties of interest were duly notified. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Joseph V. Mahoney and Richard Nardella. The petitioner was requesting a special permit to allow to construct a home addition partially in the non-disturbance zone. The premises affected is land numbered 234 Brentwood Circle in the Residential- 1 (R-1)Zoning District and the Watershed Protection District. John Soucy of Merrimack Engineering and Bob Schwartz, the property owner were present to discuss 234 Brentwood Circle. Mr. Schwartz stated that they are planning to build an addition to their home because their family is expanding. Mr. Schwartz stated that they have gone before the ZBA and received a variance to increase an existing structure in the watershed. Mr. Schwartz stated that they are proposing to remove an existing 10' x 21' greenhouse and will build a 16' x 18' addition and a 6' x 18' porch. Ms. Colwell stated that Mr. Chessia, engineering consultant, recommends that the foundation drains and roof drains run over ground and not underground as the soil is not suitable for infiltration. Mr. Chessia also stated that the present location for the stockpile is within the 100' non-disturbance zone, Mr. Chessia recommended that the pile be removed to the southern side of the property. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 The Board went over the plans with the applicant. Only 346 square feet of impervious surface will be added in the non-disturbance zone, in an area where there is an existing lawn and pool. There will not be any removal of vegetation or trees. This is a unique situation where there is an existing home. The majority of the addition will be constructed in the only location outside of the non-disturbance zone on the lot. The Board felt that the stockpile location was acceptable. A report was submitted by Curt Young of Wetlands Preservation Inc. stating that there will be not impact on the watershed from this project. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing and have staff draft a decision for the March 3, 1998 meeting. The North Andover Planning Board held a regular meeting on March 3, 1998. The following members were present: Richard Rowen, Chairman, Joseph Mahoney& Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also present. Continued until March 17, 1998 due to not having enough members to vote on a special permit. The North Andover Planning Board held a regular meeting on March 17, 1998. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Richard Nardella, Joseph Mahoney& Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also present. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the board voted unanimously to approve the Watershed Special Permit know as 234 Brentwood Circle as amended. Attached are the conditions. Sincerely, Richard S. Rowen, Chairman North Andover Planning Board 234 Brentwood Circle Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Robert and Sara Schwartz, 234 Brentwood Circle, North Andover, MA 01845, dated January 16, 1998, requesting a Special Permit under Section 4.136 of the Zoning Bylaw to allow the removal of an existing 10' x 21' green house and the construction of a total of 24 square feet of an addition to an existing home, a gravel walkway and a temporary stock pile area within the Non-disturbance Zone and surface discharge of stormwater within the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.136(4)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 Cochichewick. The Planning Board bases its findings on the following facts: a) The incremental increase in runoff is very small; and the drainage from the increased impervious areas drains through greater than 2,000 feet of heavily vegetated wetland prior to entering Lake Cochichewick., therefore any suspended solids from the construction would be expected to filter out, b) the home is connected to the Town sewer system; c) the home currently exists and the addition will replace an existing greenhouse; d) only 24 square feet of impervious surface will be added to the Non-discharge Zone. e) Certification by Curtis R Young, President, Wetlands Preservation Inc., 475 Ipswich Road, Boxford, MA 01921, dated January 16, 1998 stating that there will be no impact on the drinking water reservoir, either from the standpoint of measurable changes in drinking water quality or quantity from the proposed activities on site. 2. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed driveway construction as the lot is located within the Non-Discharge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: A. The specific site is an appropriate location for the proposed use as all feasible stormwater and erosion controls have been placed on the site; 1 B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities are provided for the proper operation of the proposed use; E. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: 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: Topographic Plan of Land in North Andover,Mass Applicant: Robert and Sara Schwartz 234 Brentwood Circle North Andover,MA 01845 Scale: 1"=20' Date: January 12, 1998, rev. January 14, 1998 Prepared by: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Report from : Curtis R. Young,President,Wetlands Preservation Inc., 475 Ipswich Road, Bdxford,MA 01921 Dated: January 16, 1998 b) Any changes made to these plans shall be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 2. Prior to any work on site: a) A performance guarantee of one thousand($1,000) 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. 2 b) All erosion control measures as shown on the approved plan must be in place and reviewed by the Town Planner. c) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. 3. The temporary stockpile area must be placed as shown on the approved plan and monitored during construction for any erosion issues. This location was chosen due to the flat grades and the increased travel distance to wetlands to allow runoff to filter out. Any stock piles of earth must be covered with a tarp if the piles are to remain on the site for longer than two weeks. 4. The soil is not suitable for infiltration therefore all roof drains must run over land. 5. Prior to verification of a Certificate of Occupancy: a) No pesticides,fertilizers,or chemicals shall be used in lawn care or maintenance. 6. Prior to release of the Performance Bond: a) The applicant shall submit a certified copy of an as-built plan which shows all construction, including topography, sewer lines, storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer in Massachusetts. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7. In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition# 1. 8. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 9. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10. 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. 11. This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Perrnit was granted unless substantial use or construction 3 i A has commenced. cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 234 Brentwood Circle-Watershed 4