HomeMy WebLinkAboutMiscellaneous - 245 BRIDLE PATH 4/30/2018 (3)Lt
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Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk,
Date: August 16, 2006
Date of Hearing: May 2, & August 1, 2006
Date of Decision: August 15, 2006
Petition of Denise Grasso
245 Bridle Path, North Andover, MA 01845
Premises Affected: 245 Bridle Path, North Andover, MA 01845, Map 641 parcel 74, within the R-1
zoning district,
Referring to the above petition for a Watershed Special Permit fiom
the Zomig Bylaw, Section 4.136, (cii), (1), (2), (5) & (6), of the North Andover
So as to allow: to construct a proposed detached 24'x 36'
discharge buffer zone of a wetland of the Watershed Protection garage
�ct d sewer extension within the non -
After a public hearing given on the above date, and ,�
APPROVE a Watershed Special Permit as a based
by John Simons, 2 by Alberto Angles to
unanimous. upon the following conditions, vote was 5-0
ARichard N I , C On he.i a� of
John Simons, Vice -Chairman
Alberto Angles
Jack Green
Richard Rower, Alternate
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
AUG 2 4 2006
BOARD OF APPEALS
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CI`�rIED
Town of North Andover
2006 AUG 24 4;1 IJ: I I
Planning Department
1600 Osgood Street, Bldg. 20, Suite 2-36
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North Andover, Massachusetts 01845
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Phone: 978-688-9535
Fax: 978-688-9542
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: August 16, 2006
Date of Hearing: May 2, & August 1, 2006
Date of Decision: August 15, 2006
Petition of Denise Grasso
245 Bridle Path, North Andover, MA 01845
Premises Affected: 245 Bridle Path, North Andover, MA 01845, Map 641 parcel 74, within the R-1
zoning district,
Referring to the above petition for a Watershed Special Permit fiom
the Zomig Bylaw, Section 4.136, (cii), (1), (2), (5) & (6), of the North Andover
So as to allow: to construct a proposed detached 24'x 36'
discharge buffer zone of a wetland of the Watershed Protection garage
�ct d sewer extension within the non -
After a public hearing given on the above date, and ,�
APPROVE a Watershed Special Permit as a based
by John Simons, 2 by Alberto Angles to
unanimous. upon the following conditions, vote was 5-0
ARichard N I , C On he.i a� of
John Simons, Vice -Chairman
Alberto Angles
Jack Green
Richard Rower, Alternate
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
AUG 2 4 2006
BOARD OF APPEALS
0
The public hearing on the above referenced application was opened and closed by the North Andover
Planning Board on August 1, 2006. On August 15, 2006, upon a motion made by John Simons, and
seconded by Alberto Angles to GRANT a Watershed Special Permit as amended in order to construct a 24' x
36' 3 -stall detached accessory garage and sewer extension to the existing single-family dwelling.
The proposed 3 -stall detached garage and sewer connection are located at 245 Bridle Path, North ,Andover.
Massachusetts, 01845, Assessors Map 64, Parcel 74 and is located within the Non -Discharge Zone of the:
Watershed Protection District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning
Bylaw, Tlus Special Permit was requested by Denise Grasso, 245 Bridle Path, North Andover, MA 01845.
The applicant submitted a complete application, which was noticed on April 4, 2006, re -noticed again on
August 1, 2006, and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning
Bylaw and MGL Chapter 40A, Section 9.
The Planning Board voted on the motion unanimously in favor of the Special Permit. 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 proposed detached 3 -stall garage will not require a connection to the Town sewer and water
systems from Bridle Path Road;
b) A deed 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. The extension of the sewer line to the
existing single-family home will be constructed using Best Management and Engineering Practices
and not substantially alter the topography of the site;
d) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed
detached 3 -stall garage and sewer extension; and
c) The construction of the proposed detached 3 -stall garage, draining infrastructure, and utility
extension have been reviewed by the Town's consulting engineer, Town Planner, and Co nsen ation
Department and deternlined that there will be no degradation to the quality or quantity of water in or
entering a bordering vegetated wetland or Lake Cochichewick.
') There is no reasonable alternative location outside the General and 'tion -Disturbance Zones for any
discharge, structure or activity.
2
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board mak
following FLNIDL\GS OF FACT: es the
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 1 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;
The Planning Board also makes a specific finding that the use is in harmony with the general purpose intent of the North Andover Zoning Bylaw; PmP and
6) On July 18, 2006, the Zoning Board of Appeals
4.136(3)(c)(ii)(3) of the Zoning Bylaw for relief of 42'' from the 100' buffer from bo derin Paragraph
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wetlands and within the Water Protection district's Non -disturbance Buffer Zone in order togconstruct ea
Proposed 3 -stall detached garage.
7) On August 1, 2006 the Conservation Commission issued an Order of Conditions
with the following special conditions: ons (File No. 242-1349 )
a) 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of
adjacent wetland resource areas except in those locations approved under this filing. g
b) Future work within 100' of existing wetland resource areas will require a separate filing with the
NACC.
C.) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive
these setbacks as established under the local Bylaw (Condition #32).
d) Discharge of spillage of pollutants (Condition #73)
e) Prohibition of underground fuels (Condition #74)
f) Limitations on the use of fertilizers, herbicides, and pesticides (Condition #75)
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following
SPECIAL, CONDITIONS: n g
1) 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. This
Watershed Special Permit may only be used in conjunction with the Site Plan Special Permit for these
same premises:
a) The garage will not be connected to Town water or sewer.
b) The garage will not contain an established living area.
c) Roof gutter drains be connected to infiltrators.
2) Prior to issuance of a building permit:
�r) A performance guarantee bond of five thousand dollars ($5,000.0()) made out to the Town ol';North
Andover must be posted to insure that the construction of both the garage and sewer extension to the
existing single-tanvly home, erosion control measures, and performance of any other condition
contained herein 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.
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b) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
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 storm water management services 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) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
5) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
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 was issued on August 15, 2006, however, this Special Permit shall be deemed to
have lapsed after a two (2) year period on August 15, 2008 unless substantial use or construction has
commenced.
This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
The following is Plan Description:
Plan titled: Site Plan,
245 Bridle Path
North Andover, MA 01845
Prepared for: Denise Grasso, 245 Bridle Path, North .Andover, MA 01 845
Prepared by: New England Engineering Services, Inc.
1600 Osgood Street
Building 20, Suite 2-64
North Andover, MA 01845
Scale: I" = 30'
Date: February 27, 2006, revised 7 5, 06. 7,11.06: adjusted location B6 -B8.
Sheets: I of 1
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