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HomeMy WebLinkAboutApplication - 358 DALE STREET 2/21/2012 __.........._ ..._,....._.._ 1: 978-327-5215 1. 9'78-.327-5219 ,1 a R I'l E V `v, r-, I L a'a, kV Js rr.olark smoIaIvt-au,han,con, 2 February 21, 2012 BY HAND NOATH ANDOVER Judith Tymon Town Planner Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Watershed Protection District Special Permit Property: 358 Dale Street Applicant: Stephen Smolak Dear Judy: On behalf of the Applicant, enclosed for filing with the Planning Board as a supplement to the Special Permit Application filed on Friday, February 17, 2012, is an updated Stormwater Report, dated February 17, 2012, along with revised plans, consisting of three sheets, entitled Existirig Conditions Plan, dated February 16, 2012 (includes test pit data and locations), Site Plan, dated February 16,2012 (depicts slight adjustments to plan based upon test pit data), and Pre- and Post-Conditions Plan, dated February 16, 2012. Copies of this information have been submitted to Lisa Eggleston. Please feel free to contact my office with any further questions or concerns. Si cerely, YJuz T. Smolak JTS/ ,00042206;0,East AIM,21 high Street,Suite 301,North Andover, NIA 01845 "NIWW.SIB!IOI,AK\7AI.)(.,IIAN.COAI 11 s .➢ohn T. �Zmolak, Esg i T: 978-32.7-5215 1 F. 978-327-5219 ? � February 17, 2012 BY HAND Jolun Simons, Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Watershed Protection District Special Permit Property: 358 Dale Street Applicant: Stephen Smolak Dear Chairman Simons and Other Board Members: On behalf of the Applicant, enclosed for filing with the Planning Board is an application for a Watershed Protection District Special Permit in reference to the above-referenced Property. The Applicant proposes to construct a single family residential dwelling and associated improvements on a vacant property, consisting of 1.48 acres, known and numbered as 358 Dale Street. The Property is located within the Residential-1 (R-1) Zoning District as well as the Watershed Protection District. Since the lot was created in 1951, the Property constitutes a grandfathered lot withal the meaning of Section 7.8(1) of the Zoning Bylaw. As confirmed by the Building Inspector, the lot has the benefit of reduced dimensional requirements as depicted on the Site Plans and accompanying legal memorandum. We appreciate your time and consideration with regard to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. Sincerely, olul T. Smolak JTS/ cc: Judy Tymon, Town Planner Town Clerk's Office (By Hand) 100041027,v1lFast Mill,21 High Street,Suite 301,North Ancl«ver,MA 01845 WWM1.SM0LAKN/AU Gil AN.CO N1 tAORTff -at PLANNING DEPARTMENT Community Development Division Special Perinit — Watershed Permit Application Please type or print clearly. 1. Petitioner: Stephen M. Smolak Petitioner's Address: 762 Dale Street, North Andover, Massachusetts 01845 Telephone number: 978-360-0215 2. Owners of the Land: Edward J.Welch,Jr. as Trustee of the E.C.W.Trust Address: 54 Chandler Ledges Road, Milan, New Hampshire 03588-3310 Number of years of ownership: 20 years, 10 months 3. Year lot was created: 1951 (See Plan No. 2344 recorded with ENRD) 4. Is the lot currently on septic or sewer? N/A Vacant lot currently has no sewer connection but sewer line runs by Property and there will be a sewer tie- in from Dale Street. If on sewer,please provide date the sewer connection was completed: N/A 5. Description of Proposed Project: Project involves the construction of a new single family residential dwelling, a driveway, landscaping and utilities to be located on the north side of Dale Street 6. Description of Premises:Vacant 1.48-acre parcel located on north side of Dale Street. 7.Address of Property Being Affected: 358 Dale Street Zoning District: Residential 1 (R-1)_- Assessors Map: 64 Lot#: 26 Registry of Deeds: Book M. 3370 Page#: 99 8. Existing Lot: VACANT Lot Area(Sq. Ft): 64,487+/- Building Height-: N/A Street Frontage: 273.2+/-feet Side Setbacks: N/A Front Setback: N/A Rear Setback: N/A Floor Area Ratio: N/A Lot Coverage: N/A 9. Proposed Lot(if applicable): See Section 7.8(1)of NAZB and Legal Memo Lot Area(Sq. Ft): _64,487+/- - Building Height-: <35 Feet Street Frontage 273.2 +/-Feet Side Setbacks:20.0 and 103.0 Feet Front Setback: 57.5 Feet Rear Setback: 230 Feet Floor Area Ratio N/A Lot Coverage: N/A 10. Required Lot(as required by Zoning Bylaw): See Sections 7.8(1),7.4 of NAZB and Legal Memo Page I of 2 1600 Osgood Street,North Andover,81dg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 fox 978,688.9542 Web www,lowoofnorlhandovei,.com Edited 8/6/07 Floor Area Ratio—N/A— Lot Coverage: N/A 10, Required Lot(as required by Zoning Bylaw): See Section 7.8(1)of NAZB and Legal Memo Lot Area (Sq. Ft): >5,0000 Building Height: 35 Feet Street Frontage: >50 Feet Side Setbacks: 12 Feet Front Setback: 20 Feet Rear Setback: 20 Feet Floor Area Ratio: N/A Lot Coverage: N/A 11. Existing Building (if applicable): NOT APPLICABLE. Ground Floor(Sq. Ft.): #of Floors: Total Sq. Ft.: Height: Use: Vacant Type of Construction: 12, Proposed Building: Ground Floor(Sq. Ft.): 1,156 #of Floors: 2 Total Sq. Ft. 2,700 Height: <35 Feet Use: Single Family Residential Type of Construction:Wood Frame 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? NO -If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit Is Being Requested 4.136 and 10.31. 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as inc Petitioner's Signature: 7;-;�4, z Print or type name here: 6hed k Smolak Owner's Signature: Print or type name here: Edward J.Welch as Trustee of the Edward C.Welch Trust Se attached Authorization Letter. 16. Please list title of plans and documents you will be attaching to this application. See list of plans and specifications described in attached Memorandum. Page 2 of 2 1600 Osgood Street,North Andover,81dg,20,Suite 2-36 Planning Dept.,Mossuchusetts 01845 Phone 978.688.9535 Fox 978,688,9542 Web www.townofriorthandoverionr Edited 8/6/07 TOWN OF NORTH ANDOVER PLANNING BOARD APPLICANT: STEPHEM M. SMOLAK OWNER: E.C.W. TRUST PROPERTY: 358 DALE STREET MEMORANDUM IN SUPPORT OF APPLICATION FOR WATERSHED PROTECTION DISTRICT SPECIAL PERMIT SPECIAL PERMIT (Sections 4.136 and 10.3 of North Andover Zoning Bylaw) L INTRODUCTION Stephen Smolak (the "Applicant") is request the Planning Board to grant a Watershed Protection District Special Permit for the construction of a single family dwelling on an existing vacant parcel of land known and numbered as 358 Dale Street. The site contains approximately 1.48 acres of land and is designated on the Town of North Andover Assessor's Maps as Map 64, Lot 26 (the "Property"). The Property is located on the north side of Dale Street. The Property is currently vacant and has been a vacant lot since its creation u11951. The Property is located within the Residential 1 (R-1) Zoning District within which the proposed Project use for a single family dwelling is permitted by right but subject to the relief described below. The Applicant has entered into a contract to purchase the Property from the Owner. II. PROPOSED PROJECT The Applicant proposes to construct a single family residential dwelling, along with landscaping, parking and other improvements on the Property. Sewer and water service would be tied into the Property through existing lines in Dale Street. The Site Plans showing the proposed layout and related improvements are attached as EXHIBIT D. III. REQUIRED RELIEF AND APPLICABLE ZONING REQUIREMENTS Based upon our preliminary review of the proposed improvements, and after a meeting with the Building Commissioner, the Applicant has determined that a Watershed Protection District Special Permit (Sections 4.136 and 10.3 of NAZB) is required since the Property lies within the Watershed Protection District. In addition to approvals required from the Plarming Board, the proposed Project will require an Order of Conditions issued by the North Andover Conservation Commission. Watershed Protection District Special Permit Memorandum -- Planning Board 1 We also note that the Property consists of 1.48 acres in size, and the record owner of the Property (the "Owner") is Edward J. Welch, Jr. as Trustee of E.C.W. Trust which acquired the Property from Eileen Welch on December 26, 1991 pursuant to a deed recorded with the Essex North Registry of Deeds in Book 3370, Page 99 (the "1991 Deed"). The Property was originally acquired by Edward J. Welch and Eileen C. Welch, husband and wife, as tenants by the entirety on February 20, 1951 and recorded with said Deeds in Book 747, Page 238 (the "1951 Deed"). Both deeds refer to the property description depicted on a plan entitled "Plan of Land in North Andover, Mass. As surveyed for Edward J. Welch, dated November, 1950, prepared by Ralph B. Brasseur, CE" (the "1951 Plan"). The 1951 Plan depicting the Property was recorded with the 1951 Deed on March 9, 1951 as Plan Number 2344. Based upon our review of the title to the Property, the lot containing the Property was first depicted on the 1951 Plan, and was recorded in 1951 with the 1951 Deed. Based upon our review of the title, the lot depicted on the 1951 Plan has not been owned in common with any other adjoining lot since the lot was created. Based upon our review of the title and historic records, the Property has been vacant since created as a separate lot in 1951. Dimensional requirements applicable to a lot located within the R-1 Zoning District under the NAZB include the following: Min. Lot Size (87,120 s.f.); Maximum Height (35 feet); Min. Street Frontage (175 feet); Min. Front, Side and Rear Setbacks (30 feet). As depicted on the Site Plan, the Property does not comply with the current R-1 dimensional requirements such as minimum lot size (87,130 s.f.) and side yard setback (30 feet) requirements. However, Section 7 of the NAZB also includes dimensional requirements for certain grandfathered lots. Specifically, since the lot for the Property was created prior to April 28, 1986, the Property is not subject to contiguous buildable area (CBA) requirements (Section 7.1.1), nor is it subject to minimum lot width requirements and lot restriction requirements since the lot was created before May 1, 1995 (Sections 7.1.2 and 7.1.3(1) and (2)). As confirmed with the Building Commissioner, the Property is not subject to the minimum lot size or other dimensional requirements noted above which are otherwise applicable within the Residential-1 Zoning District since the Property constitutes a "grandfathered lot" within the meaning of both Section 7.8(1) of the NAZB, as well as the first sentence of the 4th Paragraph of Section 6 of M.G.L. c. 40A. More specifically, Section 7.8 of the NAZB provides a limited grandfathering provision, or exemption, from dimensional requirements for lots in existence prior to January 9, 1957. Specifically, Section 7.8(1) of the NAZB states that the "residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if"such lot be not adjoined by other land of the same owner, available for combination with or use Watershed Protection District Special Permit Memorandum -- Planning Board 2 in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet." The Property falls squarely within the exception allowed under Section 7.8(1) since the lot was created by the 1951 Plan, does not adjoin, and has not adjoined, or abut land of the same owner, and the lot was created in 1951 by virtue of the recording of the 1951 Plan attached in Exhibit A. As a result, the 1951 Plan was recorded prior to January 9, 1957. Moreover, based upon the attached Site Plan, the proposed structure meets or exceeds the minimum front and rear setbacks of 20 feet, the minimum side setbacks of 12 feet, the minimum street frontage of 50 feet, and the minimum lot area of 5,000 square feet. Attached as EXHIBIT B is a letter from the Building Commissioner, dated February 2, 2012, in response to a letter from the Applicant's attorney, dated February 1, 2012, which confirms the Property falls within the exemption created under Section 7.8(1) of the NAZB for certain dimensional requirements. A. WATERSHED PROTECTION DISTRICT CRITERIA (Section 4.136) The Project is also located entirely within the Watershed Protection District boundaries so work on the Property must comply with Section 4.136 of the NAZB. Moreover, since the Property is located on a lot recorded on March 9, 1951 (i.e., prior to the date of the enactment of amendments to the District in 1994), the revised provisions relating to the Conservation Zone and the enlargement of the Non-Disturbance Zone and the Non-Discharge Zones do not apply to the Project as described in Section 4.136(2)(f) of the NAZB. Accordingly, the following are the zones applicable to the Project: Table 2. Lots created on or prior to October 24, 1994 Non-Disturbance Non-Discharge From Edge of All 100 Feet 325 Feet Wetland Resource Areas Within the Watershed District Watershed Protection District Special Permit Memorandum -- Planning Board 3 Within the 100-foot Non-Disturbance Buffer Zone, single family residential use is allowed by right, but uses allowed by Special Permit in the 100-foot Non-Disturbance Zone include changes to topography, vegetation removal, and the construction of a new structure but only after a variance has been granted by the Zoning Board of Appeals. See Section 4.136.3.c.ii(3). As shown on the Site Plan, however, there is no structure proposed within the 100-foot Non-Disturbance Zone, and so therefore, there would be no need to obtain a variance from the ZBA but a Watershed Protection District Special Permit is required. As shown on the Site Plan, several of the proposed new improvements, including the proposed dwelling and attached garage, are proposed to be located within the 325- foot Non-Discharge Zone from wetlands, as described in Section 4.136. Single family use is permitted by right within this Zone, but subsurface discharges from stormwater runoff would require a Planning Board Watershed Protection District Special Permit. Section 4.136(4) of the NAZB ("Special Permit Requirements") requires the following information to be provided: (a) a written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick, is attached as Exhibit C. (b) As demonstrated by the Site Plans and supporting information, there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones, for any discharge, structure, or activity, associated with the proposed use to occur. (c) As demonstrated by the Site Plans and supporting information in EXHIBIT C, all on-site activities including, but not limited to, construction and fertilizer applications will not create concentrations of nitrogen in groundwater, greater than the Federal limit at the down gradient property boundary. (d) Based upon a determination by the Project engineer, no concentrations of nitrogen or phosphorous are anticipated to be generated as part of this Project. (e) As demonstrated by the Site Plans and supporting information described herein, any runoff from impervious surfaces will, to the extent possible, be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Accordingly, the Applicant respectfully requests the Board to find that, as a result of the proposed use 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. Watershed Protection District Special Permit Memorandum -- Planning Board 4 B. SPECIAL PERMIT APPROVAL CRITERIA(Section 10.31) Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met. The following lists the criteria and how these criteria are met. a. The specific site is an appropriate location for such a use, structure or condition. As the property is zoned for residential use, the site is an appropriate location for the proposed Project. The Property abuts single family residential homes both to the east and west of the Property, as well as across Dale Street. The site design compliments the surrounding uses and provides for sufficient traffic and circulation improvements, as well as sufficient water, sewer and other utilities. b. The use as developed will not adversely affect the neighborhood character. The Project provides appropriate building, landscaping and screening set back from the adjacent properties. The character of the architectural style of the proposed new building will complement the architectural style of existing residential dwellings located on Dale Street. Accordingly, the proposed use is well suited for its proposed location. b. Social, economic, or community needs which are served by the proposal. The Project proposed is a single family residential dwelling, and as such, provides for an addition to the Town's housing stock and provides for temporary construction jobs for those constructing the dwelling. At the same time, important environmental measures have been incorporated into the design such that the Project will not have an impact on the watershed of Lake Cochichewick. d. There will be no nuisance or serious hazard to vehicles or pedestrians. Driveways have been located to provide for the best available sight distance along Dale Street. Site improvements have been designed to maximize on-site and off-site safety. Watershed Protection District Special Permit Memorandum -- Planning Board 5 e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project is adequately and appropriately serviced by municipal water, sewer and other utilities that adequately address the needs of the Project. Stormwater management facilities will provide adequate treatment of stormwater in accordance with applicable requirements. f. The use is in harmony with the general purpose and intent of this Zoning Bylaw. In addition to the reasons described herein and as shown on the Site Plans and other information submitted as part of the site plan review process, the proposed use is in harmony with the general purpose and intent of this Zoning Bylaw for the following reasons. First, the location of the proposed Project is ideally situated in an existing residential area. Second, the project will incorporate measures which will not result in impacts the water quality within the Lake's watershed. Lastly, the project, as shown on the Site Plans, complies with the Zoning By-Law. For these reasons, all of the proposed improvements and enhancements noted herein are in harmony with the general purposes and intent of Section 1 ("Purposes") of the North Andover Zoning Bylaw. V. REQUEST FOR APPROVAL For the above reasons, Applicant respectfully requests that the Planning Board make the required findings and conditions described under Sections 4.136 and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's request for a Watershed Protection District Special Permit. Respectfully submitted, APPLICANT: Stephen Smolak By its attorneys, Jo Zn T. Smolak, Esq. Smolak &Vaughan LLP East Mill, 21 High Street, Suite 301 North Andover, Massachusetts 01845 Tel. (978) 327-5215 Fax (978) 327-5219 Watershed Protection District Special Permit Memorandum -- Planning Board 6 EXHIBIT A 1951 PLAN AND DEED, AND 1991 Watershed Protection Dishict Special Permit Memorandum -- Planning Board 7 older of this mortgage shall be entitled to collect all costa,chargeaa and expeno up to time of payment. This mortgage is upon the Statutory Condition, old, pan the further condition that all/themartpgs*ts of the mortgagor herein contains d, and/or contained in thntioned note shall be promptly formed,for any breach of whic shall I ! have the Statutory Pow of Sale. And Vol Harr J. Gilcreast and Clev - I land Gilcreast, husband an wife, severally elease to the mortgagee ALL ` f rights of CISTBSY,DOWER and STEAD an other interests in the mort- gaged premisea. WITNESS our han a meals this eighth day of March, 1951.- riot J. Gilcreast 4 I Commonwealth of Maaaachusette. a- Cle eland Gilcreaet _ I � sexes. March S, 1951. The personally ap red the above n4med Harriet J.Oilcreast and Cleve Gilcreast, and save ly acknowledged the foregoing instrume to be their free act and doe before me, Halbert 11. ox,Notary Pu c. My commission expires February 26, 1954. _ Essex,5s., ceived Mar. 9, 1951 at 17m poet 4P-K- Recor and Examined KNOW ALL MEN BY THESE PRESENTS that the Lawrence Savings Bank, h ]der of Lav renc a the within mortgage, acknowledgee satisfaction of the same. IN WITNESS Say.Bomk WHIRROF, the said Lawrence Savings Bank has caused its corporate goal too to be hereunto affixed,an the presents to be subscribed by is Treasur , B ul u this eighth day of Mar h, A.D., 1.- Commonwealth of Massac usetta. $s- wrence Savings Bank (Corporate C. a as, Mch.6,1951. The pereonallq;by red H. Smith (( Seal appure he above name Alfred N. St.Treasurer math, Aset. seater and ac�snowlsdged the fo oing ins su ment to be the free act and dead. of the Lawrence Savings Bank, are me, Donald S e Anderson, Notary Public. $seex,es. Received Mar. 9, 1951 at 25m past 4P.M. Recorded and Examined to ille r T, Philip T. Miller, of North Andover, Essex Countq,Massachusetta, bet Li unmarried, for consideration paid, grant to Edward J. Yalah and 8ilean to C.Welch, husband and wife, both of said North Andover, as Joint tenants and not as tenants *the entirety, with QUITCLAIM covenants, the land 1 North Andover.situated on the northerly aide of Dale Street and being BOUNDRD and described as follows, Beginning at an iron pin on,the nor - g,2 rly side of said Dale Street and traveling along said Dale Street in a jSee outheasterly direction two hundred ninety nine and 23/100(299.23)feet long a stone wall to an iron pin by land of Philip T. Miller;thence urning and running as the atone wall now stands by land a the said g entor natherly two hundre d fifty nine and 56/100'(259.56)rest and northeasterly one hundred ninety two and 90/100 (192.90)feet to an iron 747 ( o pin in said wall; thence turning and running in a westerly direction by other land of the grantor one hundred twenty seven and 05/100(117.05) I feet to an iron pin in a wall by other land of the grantor;thence, turn- i ing and running in a southerly, easterly and southwesterly direction ; two hundred five (205), twenty five (25) and one hundred nine (109) fee along the course of a stone wall by other land of the grantor to an iro pin on the northerly side of Dale Street,being the point first begun at I Containing one and 72/100 (1.72) acres and being more particularly sh II as the parcel of land on Lne--nurtnerl.y side of Dale Street,on a Plan of Land entitled !!,P an of Land in North Andover,Massachuaette,as surveyed ; for Edward J. Welch,Ralph B. Bras seaur,C.E.,dated November,195011,record i ed herewith. The consideration for the within conveyance is less than one hundred dollars ($100).Being part of the premises conveyed to me by the Town of North Andover, on August 21,1950,and being recorded in the I fiorth Essex District Registry of Deeda,Book 740,Page 305. WITNESS my i hand and seal this twentieth day of February, 1951, Charles W.Trombly. The Commonwealth�Philip T. Miller of Massachusetts. Easex,as. February 20,1951. Then personally appeared t t the above named Philip T. Miller, and acknowledged the foregoing inetru ' ment to be his free act and deed, before me, Charles W.Trambly, Justice t of the Peace. My commission expires January 23,1953. i Essex,es. Received Mar. 9, 1951 at 53m past 4P.M. Recorded and Examined i Suffolk Savings Bank for Seamen and Others,mortgagee and present holder ise arts of mortgage from Harriet J. Oilcreast and Florence A. Cilereast,to said iSuffolk' Suffolk Savings Bank for Seaman and Othera,dated March 1, 194 ord- Jay. I Bank e Essex North Deeds, in Book 695, Page 155, ackm dges eatis- to r §semen faction of same. IN WITNESS WI�OF, the said ffolk Savings Bank Oihere gpr Seamen and 0th has caused its corpora seal to be hereto affix, ti ed,and these presents to signed in it me and behalf by Sherman N. ilcoeaat Peppard, its Treasurer, this tr, ft day of March, A.D., 1951. J� atIal The Commonwealth of Massachuse a. f 63 Savings Bank (Corporate) F orti Rec. , Suffolk,se. march 12, 195 . Then for Se en and Others { Seal personally appeared t above named by Sherman Peppard Sherman H. Peppar , and acknowledg. Treas er ) ed the forego ng instrument to be the free act and dead o uffolk Sav- ings Bank for Seamen and Others, before me, Cora I. Blanchard,Notary t r Public- My commisaim expires July 24, 1954, (Notarial Sesl),Iz ' saex,ee. Received Mar.13,1951 at 26m past 4P.M. Recorded end Examined. 12a KtWa 4,01A Is oa br n Eva Pontbriand, of Methuen, Essex County,M ssachu tta,being arried ;to r conaiderati aid Hdsdra i grant Benjamin zdra and Eva ozd ,husband It u1 i i I EXHIBIT B BUILDING INSPECTOR'S ZONING DETERMINATION Watershed Protection District Special Permit Memorandum -- Planning Board 8 Town of North Andover Building Department NORY!( Y CH StS1b 1600 Osgood Street Building 20,Suite 2-36 North Andover,Ma 01845 February 2,2012 John T. Smolak,Esq. Smolak&Vaughan LLP East Mill,21 High Street, Suite 301 North Andover,MA 01845 Re: O Dale Street(Assessors Map 64,Lot 26)—Zoning Determination Dear Attorney Smolak: I have reviewed your February 1,2012 letter to me, including the proposed site plan and related title information concerning the subject property. Based upon the information provided,I have determined that the lot falls within the vacant lot grandfatlrering exemption found under the first sentence of the fourth paragraph of Section 6 of Chapter 40A which provides that"any increase in area,frontage,width,yard,or depth requirements of a by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement,whichever occurs sooner was not held in common ownership with any adjoining land,conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage." As a result,the lot is not subject to the current Residence-1 Zoning District dimensional requirements but is subject to the requirements of Section 7.8(1)of the NAZB since the title information supplied indicates that the lot does not adjoin another lot owned by the same owner and the current lot was recorded with the registry of deeds as flan#2344 on March 9, 1951 which is prior to January 9, 1957 as required by this bylaw. Accordingly,the applicable setbacks for the lot;as provided under Section 7.8(1)of the NAZB, include front and rear yard setbacks of 20 feet,and a side yard setback of 12 feet. Based on the site plan provided to me,the lot contains in excess of the minimum 50-foot frontage and 5,000 square feet lot size requirements under Section 7.8(1). With regard to the Watershed Protection District requirements of the NAZB, since the lot was recorded before the amendments to Section 4.136 of the NAZB on October 24, 1994,Table 2 (For Lots Created Prior to October 24, 1994)applies to the lot which means that both the 100-foot Non-Disturbance Buffer Zone and the 325-Foot Non-Discharge Buffer Zone apply as setbacks from the edge of wetlands within the Watershed Protection District. Provided that no structure is constructed within the 100-foot Non-Disturbance Zone,then no variance for new construction is required. However,proposed work in both zones requires the issuance of a Watershed Protection District Special Permit from the Planning Board. Please let me know if I can be of further assistance. Siucerel , G raid Brow i Building Commissioner CO Eileen C. Welch ° at North Andover. Esser cat".Munamew of lase '�h h, lundred Dollars (6100.00) SHAS to Edward J. WelCho Jr., Trustee of B.C.N. Trust under Declare- f Lion of Trust dated December 26, 1991and recorded herewith. of 357 Dais Street, North Andover, class. do teed b North Andover situated an the northerly sift of vale Street and being . bourAM and described as followet V Boginning at an Iran l� . � pin on the northerly side of sold pate street and �# traveling ala)g said pale Street in a southeasterly direction to hundred ninety- y~ nine and 23/100 (299.21) foot along a atone wall to an irat pin by lard or Philip ® T. Miller) thenoa turning and running an the stone wall (tow stands by lard of said .ti Miller northerly two hundred fifty-nine and 56/100 (259.56) feet and rortheasberly one hundred ninety-two and 90/100 (192.90) feet to an iron pin in said wally them turning and running in a westerly direction by other land of Hiller are hundred twentY-seVen and OVIOD (127.05) feet to an iron pin in a well by other I&M cd Hilleri thaws turning and running in a southerly, easterly and aouttameterly direction two hundred five (205), ts�ty-five (25) and one hundred nitre (109) fast, along the emmm of a store*all by Dorm land of Hiller to an Leant pin an the A northerly aide of Dale Street;bahv the point first b*m et. Oonteining an and 72AOD (1.72) acres end being particularly shcom re the pszoel of land on the gortherly aids of Dale Street m a plant of lard entitled 'plea of land to Notch MWkxwp Wksoachusetts as vzveyed foa ahwd J. k Welch, Hslph 6, anupowe C.E., afted Monfiber, 19W DaIng the semen panimes amayed to as end app lsta husband, Idward J. VaLctfn by dad dated MstMary 200 IVA$ tatott]ud ut Kurth Ddrtrlat y cd Dseds, am* 717# " 238. j J. Welch aid 1, an, t etiild 26th dray of Dee r 1991 Eileen C. xelbh E . 1 ( n e®s�a December 16, 19 91 Eileen C. Welch i , Md an to IN h Oat NOW Sept, 13, OAV Recorded Dec.21piM at 214 pm #26729 , - r i M1!/ter kp 17 gyp, Ph;//, /1170er- t9 1 Acres 1p . � h d � o� `tP W Toter! c>f HQ- ' Nth/9rrdov�xr r �o i 4Q'7'3 /%tubdrt' Fdcu/na K. fruvbar �k: PLAN OF LAND NORTH AN DOVE 92 ,, MASS. A5 5U;2VEYEE D F®R qr 5CA1_E 10a ed NC"✓. 1950 RALPH 5, BF2A55EUQ CE 51 HAMILTON AVE. HAVE RH ILL , MASS. �' EXHIBIT C WATER QUALITY CERTIFCATIONS AND ANALYSES Watershed Protection District Special Pennit Memorandum -- Planning Board 9 February 17, 2012 John Simons, Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Watershed Protection District Special Permit Property: 358 Dale Street (Assessors Map 64, Lot 26) Proposed Single Family Residential Dwelling Applicant: Stephen Smolak Dear Chairman Simons and Other Board Members: On behalf of the Applicant, this letter serves as a certification that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick as a result of the above-referenced project. The site has been designed to minimize the impact of the project to the buffer zones associated with the Watershed Protection District. Stormwater management for the site incorporates on-site recharge from impervious surfaces through infiltration as well as providing 80% TSS removal per the DEP Stormwater Management Policy, and the use of lawn fertilizers will be limited to organic methods with reduced nitrogen content. Please feel free to contact this office should you have any questions. Sincerely, OF Mgssgcti PATRICK L. ur 130WER + CIVIL ,a No p� > STE C� _ ON Patrick Bower, P.E. 358 Dale Street North Andover, Mass. for water Report Prepared for: Stephen Smolak February 17, 2012 Prepared by: Engineering and Surveying Services 70 Bailey Court Haverhill, MA 01932 1S 2P' ROOF AREA STORMTECH SUbCaf Reach Pon L.InK Drainage Diagram for 368DALE Prepared by ESS 2/17/2012 HydroCAD®8.00 s/n 004178 ©2006 HydroCAD Software Solutions LLC 358DALE Prepared by ESS Page 2 HydroCADO 8.00 s/n 004178 ©2006 HydroCAD Software Solutions LLC 2/17/2012 Area Listing (all nodes) Area (acres) CN Description (subcats) 0.041 98 Paved parking & roofs (1S) 0.041 358DALE Type 111 24-hr 100 year Rainfall=6.50" Prepared by ESS Page 3 HydroCADO 8.00 s/n 004178 ©2006 HydroCAD Software Solutions LLC 2/17/2012 Subcatchment 1S: ROOF AREA Runoff = 0.26 cfs @ 12.09 hrs, Volume= 0.022 af, Depth> 6.26" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Type III 24-hr 100 year Rainfall=6.50" Area (sf) CN Description 1,800 98 Paved parking & roofs 1,800 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 6.0 Direct Entry, Subcatchment 1S: ROOF AREA Hydrograph -i--'"I--Y--r--r--I---�_--�--r--r--I--- I I I 1 I I I 1 I 1 I I I I I I I I I I I I I ❑Runoff 0.28': I -- 1 1 I I 1 1 I I I I 1 I 1 --- -- ------------------- ---- ------------------- ----- -- , I 1 I I I I 1 � 0.26 cfs 0.26 I I I ^/ -y�a�--; Y�ha:. 0.24_' I I 1 1 I I 1 RainfaW=&5-fl"-;-- -;--;- ; --;--,--;--;--;---;---;--; -;-- -- -- 0.22 -Ru&ff Ar-da^1'800 sf - 0.2 � I I I 1 I I 1 I I I I --J--J--L--'------'-- -- -'-- -- -- ------'--J-- -- L --'--- 0.16 ' Iuo�fif ',Vo�lu�n .02 a _ ry -I---�--'�--�'--1---1---I--'�--1-- 1---I--- ^ I I i 1 I O 0.16_' p �`)1 -Ruili6ff be-pt�f 16-.26,'--T--r ; --r- --T--r--r--r----1--T--r--r- 0.14-• I I I I 1 I i 1 -T-C :ID-f1'11�7-'------'--'--'--'- --'----- -- --'---'----- --'--'--'- LL I T I 0.12 I I I I I I I i 1__L__I___ 0.1 0.08- -- 0.06_ 1__ .. _I__J__1__1__1___I___I__J__1__ L__I___ 1 I I 1 I I 1 I I I t I 1 I I I I I 0.04-' _ -__ -y__y__r__ 0.02-' 0 p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) 358DALE Type 11124-hr 100 year.Rainfall=6.50" Prepared by ESS Page 4 H_ydroCADO 8.00 s/n 004178 ©2006 HydroCAD Software Solutions LLC 2/17/2012 Pond 2P: STORMTECH Inflow Area = 0.041 ac, Inflow Depth > 6.26" for 100 year event Inflow = 0.26 cfs @ 12.09 hrs, Volume= 0.022 of Outflow = 0.02 cfs @ 11.00 hrs, Volume= 0.022 af, Atten= 93%, Lag= 0.0 min Discarded = 0.02 cfs @ 11.00 hrs, Volume= 0.022 of Primary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Peak Elev= 194.85' @ 13.40 hrs Surf.Area= 320 sf Storage= 368 cf Plug-Flow detention time= 157.6 min calculated for 0.021 of (100% of inflow) Center-of-Mass det. time= 156.4 min ( 900.0 - 743.6 ) Volume Invert Avail.Storage Storage Description #1 192.50' 275 cf 10.00'W x 32.00%x 2.50'H Stone 800 cf Overall - 112 cf Embedded = 688 cf x 40.0% Voids #2 193.50' 112 cf 32.1"W x 12.0"H x 7.50'L Cultec C-100 x8 Inside#1 387 cf Total Available Storage Device Routing Invert Outlet Devices #1 Discarded 0.00' 2.400 in/hr Exfiltration over Surface area #2 Primary 196.00' 4.0" Vert. Orifice/Grate X 2.00 columns X 2 rows with 36.0" cc spacing C= 0.600 Discarded OutFlow Max=0.02 cfs @ 11.00 hrs HW=192.57' (Free Discharge) L1=Exfiltration (Exfiltration Controls 0.02 cfs) Primary OutFlow Max=0.00 cfs @ 0.00 hrs HW=192.50' (Free Discharge) L2=Orifice/Grate ( Controls 0.00 cfs) 358DALE Type 111 24-hr 100 year Rainfall=6.50" Prepared by ESS Page 5 HydroCADO 8.00 s/n 004178 ©2006 HydroCAD Software Solutions LLC 2/17/2012 Pond 2P: STORMTECH Hydrograph 0 Inflow --�- -- -�--�- --r- -- - --� --�-- -- -�-- - --r- -- 0:26 Outflow cfs i i i i i i i i i i i El '. _ __ _ _ ®Discarded .-JnfloWAt,eA=-O.-04,1 at i i i i Primary 0.28- 0.26 0.241 -F-- --' � 0 22 ' - 0.2.' _ L______JI__ ____L_J ___L_ ____ __L_ __i L_ 0.18 " w 0.16- 3 0.14.' - -'--'---'--'---'--'--'--'--'--'--' -'--'---'--'--'--'---'--'--'----'-- a 0.12 0.08 0.06 0.04 0.02 ofs � 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) OWNER AUTIJORIZATION 0 Dale Street,North Andover, Massachusetts (Assessors Map 64, Lot 26) I, Edward J. Welch, Jr., as Trustee of the ECW Trust,the owner (the"Owner") of 0 Dale Street,North Andover, Massachusetts referenced above(the"Parcel"), hereby authorize Stephen M. Smolak, or his agents (the"Applicant"),to apply to the Planning Board of the Town of North Andover, as well as to any other boards or agencies, for all approvals necessary to obtain approval of the use and development of such parcel for residential use. The Owner disclaims any responsibility for the actions of, or information provided by, the Applicant relating to any requests for approval or otherwise. Dated: FebruaryL3,2012 OWNER: ECW Trust -9 U A /f-,\-Edward . Welc .,h, as-trustee Abutter to Abutter( ) Building Dept. ( ) Conservation ( X ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 64 26 E C W Trust 0 Dale Street,North Andover,MA 01845 Abutters Properties Mail:54 Chandler Road,Milan,NH 03588 Map Parcel Name Address 64 5 Stephen Taney 323 Dale Street,North Andover,MA 01845 64 18&20 Town of North Andover 120 Main Street,North Andover,MA 01845 64 24 Frederick McCarthy 357 Dale Street,North Andover,MA 01845 64 25 Michael Robbins 300 Dale Street,North Andover,MA 01845 64 33 David Rand 280 Dale Street,North Andover,MA 01845 64 34 Rita Danahy 39 Blueberry Lane Methuen,MA 01844 64 114 Bradford Smith 120 Main Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as of -2D Certified by: Date,' " /,2 EXHIBIT D SITE PLANS Watershed Protection District Special Permit Memorandum -- Planning Board 10 FLA* lAA N/F ROBBINS R►Ao 1tA � 1 N/F PERKEL \ 13A _._.._.. _-174— ^ �� LEGEND 7B -- / sx7s a CONTOUR 0 atBINR MIMIJ ew vriz TT P= WRTLAND PLAG MAO 1!A \ _ L_or_ —26— MMRMr `-eye-- -� AREA=1.48 ACRES rRaa ram AREA=64,487 S.F. � �\ RAO IIA RA 10A ti ""'\•�.��.�'�! ice''~ _ �``�`\ \\ \\ N/F DANAHY REFERENCES- ELEVATIONS TAKEN FROM NORTH ANDOVER SEWER DATUM — — / / .— \ \ \ \ \ \ \ \ DEED BOOK 337'0 PAGE 99 / \ \ \ \ \ \ \ RAG YAft-MANC DLIINEATED BY PLAN 2344 & COUNTY LAYOUT OF DALE ST. 1959 �$. — / / k \ \ \ \ \ \ \ \ \ \ \ \ i -- \ \ \ BASWE5 WMAND OWSUL71NO JANUARY 11.2012 RLAQ#A 07A N/F ROBBINS & \ \ \ \ \ \ \ \ \ FAoeA N/F PERKEL Igo \ /—Jos— --�\\ \\\� \ \\ \\ \\ \\\\ `\ \\ �; f fL103A ^ y IN qp \ � \ FlA01A `L \ 'w\ \ \\ -- 0 04•few 0 ------ _.._...._._.------ ------ ------ ------ _.._..---mMA2! ._.. .� iwmNlazor i --_---_._..._....�..........d1T4i>�r'C...-- T � C � �^ N V. �OFA44 9c S G �� ss N p A L E � ti (1959 COUNTY ►.AYOO ��� pATRiCK L. GU�c BOWER LOCUS MAP 1" = 1,000' EXISTING N CONDITIONS PLA Aw NORTH ANDOVER, MA we DA6a srmr MIP e4 LOT Ae IUM YRRV Rr f% AofA acuil f' - lo' PRDPAW "Ib STEPHEN SMO.LAK <%iRAPHQf1 6CAT,16 v 48026 PAM= Dn c 20 40 7E �� BN"IVZZJINO AND SUM-MNO SBRVICBS ro Dust go", RAWR m XL Dian S rrk (970) M—OW4 t w Par) PR sEur f oa 1 1"-20 IIL rbm WX ■ INA' IIr W 8, - 110.00• sm XrrMN It aLTLC • 199.1!0' xrrfm IF fi. l"ow CAP cellvr - 190.0' src � � A�,u• I iT%& VAIM f u CAIAs�. AMGtY.M! iTOi VMAW - am crsw► to ua nreL011r0 - " X LM 9r. - Seo Cr. L P11oVIDm ■ 0 LIM X =0 WAW - 170 CF. LEACHING CHAMBERS "CONTRACTOR 100 by CULTEC NTS Y R(�' SJIti4A/WilTE1P SYSIETV aww a vwm lelr 1sr Wma" a '1OW20 w .. 0tesev o -w9 owu�a9r CRUSHED STONE FX TER NT0 GRAPKX SCAIR 0 20 40 eG 04 FW) I hm - 20 fL IVA N/F ROBBINS /4A N/F PERKEL \ 13A FLAG 12A \ _ _ LCT 26 TABLB OF maw a>Ssr S imanoolr v as W).- 11-I ,w — xwnmw lar am IMa7•" 4000 AP. n;►ao rr. $00 n� Stat r4r Finar 7fot r Smog M N m IN J! ~ J! Am no r ga- Iii 0- so Jf " J!: sl f !! A- UWr N Jr. Be lr. IrDIR IJ<0D t "-Raw !q J>ti so 1! mmor X&- u6m M Jr w Jr 9r 79!0910 mAW wa mv4 AREA=1.46—ACRES _ \ _ AREA=64, 487 S.18, \ `c�, G IIA LEGEND �i�� •� �' `` ` \ �\ \Q" 7e -- lE'XISTING C'ON'TOUR \ \ \ \ UTILITY POLE HYDRANT FLAG 0A � J PROP' MER LWZ WETLANDS DELINEATED BY BASBANES WETLAND CONSULTING "•AG eA JANUARY 11. 2012 7A N/F DANAHY FLAG OA \ 9 ' \ \ N/F ROBBINS ' / aG P, & �J N/F PERKED / rp•; 4 aFP � C•F— o s � \ \ � ` \ 1 1 \ \ \,� � nAs 2A / FLAG to DpVEWAY 1 '\ • \ \ \ \ `/sB y\ � �� pry/ .�� \\ ,,��•\\\ • _._._.— °a'__.-.—. a... x1e�+_ —Joe- ------ — 196— N D A L E S T R E E T N (1959 COUNTY LAYOM or NOTES: 1, VERTIOAL DATUM TAKEsN FROM TOWN OF NORTH AN VER SEWER PLANS 2. CRUSHED STONE FILTER TO BE USED DURING CONSTRUCTION. 3 PERIMETER DRAIN SHALL BE 4• P.V.C. M1TH CRUSHED SWWV AND FILTER FABRIC PAPER. b AUTHORIZATION FROM THE TOWN OF NORTH ANDOVER MUST BE RECEIVED PRIOR TO BACK FILLING, Q TRENCH BACK ALL SHALL BE PERFORMED UNDER THE INSM77ON AUTHORIZED TVMN PERSONAL fL SEVAR SERVICE TO BE CONNECTED PER TOM OF NORTH ANDOVER SPWRCA71ONS 7. WATER SERNCE TO BE CONNECTED PER TOM OF NORTH ANDOVER SPEY,TACATIONS r; THE CONTRACTOR MUST VERIFY ALL UTILITIES PRIOR TO START OF EXCAVA71ON BY CALLING DIG -SAFE AND LOCAL UTIUTIES 9. ALL SITE WORK MUST COMPLY WITH THE SPECIAL PERMIT TO BE ORANTED BY THE 71DWN OF NORTH ANDOVER PLANNING BOARD. 10. THE PROPOSED STRUCTURE IS NOT LOCATED IN THE FLOOD ZONE 11. THE IN77RE PARCEL IS LOCATED WITHIN THE 325 FOOT NON- DISCHAR 41ZONE OF TAS 2ATERSHED PR07ECTIM DISTRICT 12. REMENCE& DEED BOOK 3370 PAGE 99 PLAN 2344 & COUNTY LAYOUT 1959 STAKE MN. H�F�F1T.BURLAP SOCK 1Y DIAM. M WETLAND CHIPS FLOW— EXCAVATE TRENCH FOR SILT FENCE, ED EXISTING BURY A MINIMUM OF 4" OF FABRIQ EROSION CONTROL SILT FENCE NORTH "DOUR PLANNING BOARD OWWWWWR DAIE