HomeMy WebLinkAboutMiscellaneous - 521 DALE STREET 4/30/2018 (2) 521 DALE STREET
210/104.0-0145-0000.0
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t PUAhfII �G 8� �p � JOYCE� AW
CLERK J �l TOWN CLERK
p NORTH ANDOVER
appeal WN OF NORTH ANDOVERL
Any app MASSACHL SETTS MAY6 315 PN '96
within (20) days after the
date of filing of this Notice at "�"'" '�o .,;: ;Istc^rtltyfttM"(2o)days
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in the Office of the Town ° a wlhoutfiling d6A�p881.
Clerk. Joyce A.B d*W
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NOTICE OF DECISION
ATTES 1':
ATrue Co-.y Date . May, . . . . . . . . . . . . . . . .G`
Taws Clerk ay,Date of Hearing M
Brenda & David Sicora
Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
521
Premises affected , . . . . .Dale. . . . .Street . . . • , , , , , , , , , , , , , , , , , , , ,
Referring to the above petition for a special permit from the requirements
No. And. Zoning Bylaw Sec. 4.136 Paragraph 3 (b) (ii) Watershed Pro; Dist.
ofthe . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . .
so as to pmxtt a11x4.W .f-4 .thy .a&lj t=L Cf- a• -fam-ily room,and,a 2 car•garage with
a game room above. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY SPECIAL PERMIT
to .APPROVE . . . . . . . .the . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
igen 19106 WOW
based upon the follocving conditions : M
CC: Director of Public Works
Bui,1s1ing Inspector z
4-8.
M
NAural Resource/Land Use Planner v
Health Sanitarian Signed v
Assessors
Jose�h• V. Mahonex.. Chairman M
Police Chief . . . . • • Q-•e.
Fire Chief
Applicant Richard. . . . . . ... ... .ce Chairman• , , ,
Engineer
File Alison• Lescarbeau:Clerk. , , , , , , ,
Interested Parties
Richard ...della, , , , , , , , , , , , , , , ,
.
John Simons „ . . . . . . .
• • • ' ' • • •T5ianninLz • Board
' J1
Town of North Andover f NORTH
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OFFICE OF 3?O�t�,o s•erOL
o
COMMUNITY DEVELOPMENT AND SERVICES p
146 Main Street •,�, _ ";
North Andover,Massachusetts 01845 9
SSACMUS�t
May 29, 1996
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Watershed Special Permit/521 Dale Street
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on Tuesday evening May 21, 1996 at
7:30 p.m. in the Senior Center behind the Town Building, upon the application of Brenda and
David Sicora, 521 Dale Street,North Andover, Ma 01845 requesting a special permit under
Section 4.136 Paragraph 3 (b) (ii)Watershed Protection District of the North Andover Zoning
Bylaw! The legal notice was properly advertised in the North Andover Citizen on May 1 and May
8, 1996 and all parties of interest were duly notified. The following members were present:
Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk,
Alberto Angles, Associate Member, John Simons and Richard Nardella.
The petitioner was requesting a special permit to allow for the addition of a family room and a 2
car garage with a game room above. The addition is less than 325' from the edge of a wetland
resource area within the Watershed Protection District.
The premises affected is land numbered 521 Dale Street in the Residential - 1 (R-1) Zoning
District and the Watershed Protection District.
Ms. Lescarbeau read the legal notice to open the public hearing.
David Sicora, owner of the property was present and stated that he is proposing an addition to his
home within 325' of a wetland resource area. He has hired a state certified biologist who stated
to''Mr. Sicora that there will be no impact or degradation in the watershed. The
home is on Town
sewer and water and the homeowner plans to install gutters, downspouts and a drywell to harness
all the water. Ms. Colwell stated that the project has been reviewed by TRC and the Watershed
Council with no major comments. She stated that the wetland resource area is across the street
from the home, so it is doubtful that the construction will have any impact.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
CIL"
I
Ms. Lescarbeau asked how large is the addition and was told 1,000 sq feet.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Planning Board voted
unanimously to close the public hearing. Ms. Colwell had a draft decision ready and the Board
reviewed it.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the watershed special permit was
unanimously approved as amended.
Attached are the conditions.
Sincerely,
eoseph V. Mahoney, Chairman
North Andover Planning Board
At.
ED
521 Dale Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Brenda& David Sicora,
521 Dale Street, North Andover, MA 01845; dated May 3, 1996; requesting a Special Permit under
Section 4.136 paragraph 3(b)(ii) of the North Andover Zoning Bylaw to add an addition to an existing
home thereby allowing surface and sub-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:
A 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:
i. a certification from a Registered Sanitarian and Certified Soil Scientist dated
April 16, 1996 stating that there will be no significant effect on water quality or
quantity in Lake Cochichewick.
ii. the proposed addition is connected to the Town sewer system and is located
more than 100'from the edge of the wetland resource area.
iii. infiltration trenches will be used to filter all roof drains and driveway runoff
B. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone
for any discharge, structure or activity, associated with the proposed construction as
the entire lot is located within this zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following findings:
1. The specific site is an appropriate location for the proposed use as all feasible stormwater 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 Planning Board also makes a specific finding that the use is in harmony with the general
r purpose and intent of the North Andover Zoning Bylaw.
�4on reaching the above findings, the Planning Board approves this Special Permit based upon the
z. following conditions:
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SPECIAL CONDTITONS:
1. This decision must be filed with the North Essex Registry of Deeds. The following information
incorporated by reference into this decision:
Plan titled: Plan of Land in North Andover,Mass.
Prepared for: Curran Construction
Stone Post Road
Salem,New Hampshire 03079
Prepared By: Merrimack Engineering Services
Park Street
Andover,Massachusetts 01810
Scale: V=40'
Dated: May 1, 1996
Letter from Steven Eriksen, Registered Sanitarian and Certified Soil Scientist
of Norse Environmental Services, Inc., 3 Pondview Place, Tyngsboro, Mass 01879,
dated April 16, 1996.
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 five hundred dollars ($500)in the form of a check made
out to the Town ofNorth 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 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.
d) All plans for the tie-in to the municipal sewer must be reviewed and approved by the
Division of Public Works.
3. Prior to verification of a Certificate of Occupancy:
a) No pesticides, fertilizers, or chemicals shall be used in lawn care or maintenance. The
applicant shall incorporate this condition as a deed restriction, a copy of the deed shall
{ be submitted to the Planning Board and included in the file.
Prior to release of the Performance Bond:
a) The applicant shall submit a certified copy of an as-built plan which shows all
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construction, including sewer lines, infiltration 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.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
5. 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#2.
6. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
7. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8. 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.
9. This permit shall be deemed to have lapsed after a two (2)year period from the date on which
the. Special Permit was granted unless substantial use or construction has commenced.
Therefore the permit will expire on
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
521 Dale Street Watershed
s
3
C
ESSEX NORTH REGISTRY OF DEEDS
LAVvF�ENG , MAS
A TAU5, Copy, A-M-ST.
REGISTER OF DEED