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HomeMy WebLinkAboutDecision - 175 SALEM STREET 7/11/2017 " .• Oma—;..lam—�s�1�' � sW�]. e ,�1� • Town of North Andover RECEIVED • Office of the Planning Department TOWN CLERK'S OFFICE Community&Economic Development Division �11JUL 13 AM + 120 Main Street 65 North Andover,Massachusetts 01845 TOWN GF' NOTICE OF DECISION NORTH ANDOVER WATERSHED DISTRICT SPECIAL PERMIT MASSACHUSETTS Any appeal shaI1 be filed This is to ON*that twenty(2o)days have elapsed from date of decision,fled within(20)days after the r rlth rw Ong of an ppeal. date of filing this notice in 5 ao! the office of the Town Clerk Ttwn Date: July 11,2017 Date of Public Hearing: June 20,2017,July 11,2017 Petition of: Peter and Arlene Devlin 175 Salem Street North Andover,MA 01845 Premises Affected: 175 Salem Street(Map 37D Lot 19) North Andover,MA 01845 Referring to the above petition for Review of a Watershed Special Permit,according to the requirements of the North Andover Zoning Bylaw,Sections 4.136, 10.3,and 10.31 and MGL C.40A,Sec.9 So as to allow the construction of a 576 square foot garage and small extension ofthe existing paved driveway within the Non-Discharge Zone.The project is located within the Residential 3(R-3)Zoning District. After a public hearing given on the above date,and upon a motion by Eitan Goldberg and a 211d by Aaron Preston,to APPROVE a Watershed Special Permit with the following conditions imposed on the project by a vote of 5 in favor and 0 against. On behalf of the North Andover Planning Board John Simons,Chairman .Peter Boynton Jennifer Burns Luz Eitan.G6ldberg Aar.bi Pieston 90t? .I�. --- C1i�r1 175 Salman Street Bk 15175 Pg15 0 #19870 Watershed Special Permit July 11,2017 Page 2 of 4 The Public Hearing on the above referenced application was opened on rune 20,2017 and closed by the North Andover Planning Board on July 11,2017. On July 11,2017,upon a motion made by Eitan Goldberg and seconded by Aaron Preston to APPROVE a Watershed Special Permit to allow the construction of a 576 square foot garage and small extension of the existing paved driveway within the Non-Discharge Zone.The project is located within the Residential 3 (R-3)Zoning District.This Special Permit was requested byPeter Devlin and Arlene Devlin, 175 Salem Street,North Andover,MA 01845 on May 22,2017. The Applicant submitted a complete application, which was noticed and reviewed in accordance with Section 4.136, 10.3,.and 10.31 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,Section 9.The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. 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 FINDJNGS OF FACT: 1) The project is located within an extremely environmentally sensitive area and in close proximity to Lake Cochichewick and/or a tributary to the Lake, the Town's sole drinking water supply; however, the final design includes the implementation of Best Management Practices that reflect extensive discussions between the Town and Applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. 2) The project calls to mitigate the additional impervious areas by collecting roof runofffrom the proposed garage addition and a portion of the existing roof runoff(to offset the additional 250 square foot area of driveway),which will be routed into a proposed drywell structure.The drywell is sized to handle the 100 year storm event.The proposed work is located within the Non-Discharge Zone of the Watershed Protection District. The project has been reviewed by the Town's Stormwater Review consultant,TEC, and with the application of erosion control measures and modifications to the stormwater management designs,the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and stormwater management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. (See memo from TEC dated June 1,2017 and email dated June 28,2417.) 3) In accordance with Section 4.136.3.c.ii(6),the addition will expand the gross floor area ofthe structure by less than 25%- 4) The specific Site is an appropriate location for the proposed use and structure. 5) Because of the unique characteristics of the Site the use as developed will not adversely affect the neighborhood. 6) There will be no nuisance or serious hazard to vehicles or pedestrians. 7) Adequate and appropriate facilities are provided for the proper project. 8) The lot was created prior to 1994 and is not subject to the Conservation Zone,as described in Section 4.1362.,Table 1. 175 Salem Street Bk 15175 Pg151 #19870 ti Watershed Special Permit July 11,2017 Page 3 of 4 9) There is no reasonable alternative location outside the General,Non-Disturbance,and the Non-Discharge Zones for any discharge,structure or activity. 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 SPECIAL CONDITIONS: 10)Permit Definitions: a) The"Locus"or"Site"refers to the approximately 1 acre parcel of land on a portion of Assessors Map 37D,Parcel 19 also known as 175 Salem Street,North Andover, Massachusetts. b) The "Plans"refer to the plans prepared by Sullivan Engineering Group,LLC. entitled"175 Salem Street Plot Plan of Land located in North Andover, Massachusetts (Essex County— Northern District)",dated February 13,2017 and revised to June 27,2017. c) The"Project"refers to the construction of a 576 square foot garage and small extension of the existing paved driveway within.the Non-Discharge Zone. The project is located within. the Residential 3 (R-3)Zoning District. d) The"Applicant" refers to Peter Devlin and Arlene Devlin, the applicant for the Watershed Protection District Special Permit. 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. 11) The area next to the garage shall be either grassed or a porous surface such as crushed stone to allow snow melt to infiltrate into the ground.Snow storage shall not encroach upon the 100 foot wetland buffer zone. 12) The Planning Director shall approve any changes made to these pians. Any changes deemed substantial by the Planning Director would require a Public Hearing and Modification by the Planning Board. PRIOR TO ANY SITE WORK/ISSUANCE OF A BUILDING PERMU 13)A performance guarantee bond of four thousand dollars($4,000.04) made out to the Town of North Andover must be posted to insure that the construction,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. 14) In consultation with the Staff Planner, the Applicant shall designate an independent construction monitor.The monitor shall read, sign,and return to the Planning Department the Letter of Agreement for Independent Monitors.Upon the start of site work the monitor shall make weekly inspections of the project(any suspension in monitoring due to inactivity on the site shall be pre-approved by the Town Planner),provide monthly reports to the Planning Department,and detail any areas of non-compliance and corrective actions.The monitor will also provide reports following heavy rain events.The monitor must also be available upon notice to inspect the site accompanying a Planning Department designated official. 15) The Applicant shall apply and receive a Driveway Permit from the Department of Public Works(DPW)_ The driveway shall have spot grades to ensure that the new area is sloping the driveway to the west towards the grass areas such that any runoff would not flow down the driveway into Salem Street.(See memo from. John Borgesi,Town Engineer,dated May 31,2017.) 16) All erosion control measures as shown on the plan must be in place and reviewed by the Planning Staff. 1.75 Salem Street Bk 15175 Pg152 #19870 � Watershed Special Permit " July 11,2017 Page 4 of 4 17) Feztffizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free, non-organic pesticides and herbicides use are prohibited,and the use of coat tar-based pavement sealants is prohibited. 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. PRIOR TO RELEASE OF THE PERFORMANCE BOND 18) The Applicant shall submit an as built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction,including storm water mitigation structures and other pertinent site features. This as built plan shall be submitted to the Planning Department for approval.The Applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. 19) The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved plan. GENERAL CONDITIONS 20)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 21) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation 22)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. 23)Pursuant to the North Andover Zoning Bylaw Section 10.31.3,this Special Permit approval shall be deemed to have lapsed Juty 11,2019(two years from the date of issuance)exclusive ofthe time required to pursue or await determination of any appeals,unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 24) This decision must be recorded with the North Essex Registry of Deeds.The following information is included as part of this decision.: Plan titled: 175 Salem Street Plot Plan of Land located in North Andover,Massachusetts (Essex County--Northern District) Prepared for: Peter and.Arlene Devlin 175 Salem Street North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC. P.O.Box 2004 Woburn,MA 01888 Scale: 1"-20' Date: February 13,2017 and revised to June 27,2017 cc: Applicant Abutters Bk 15175 Pg153 #19870 NOTES: 36" of 1 1/2' Washed 1' PER 1. DIE TOPOGRAPHY,SM DETAIL k STIRFAC£IMPACIvEMENTS DEPICTED Crushed Stone ID be ALICR FABRIC HEREON MERE ORMORO FROM A PARTIAL FIELD SORtEY COMOUCIED ON placed on each side JAN1fARY 7,2017 BY SVWVAN EHQNEERINO CROUP,u0. - Z DYE LODADCN OF ALL LNDERGROUAW(17VAES'SHOW ARE APPROMMATE AWARE BASED UPON A PARTIAL RECD SURVEY AND COMP"71ON OF I O 4 !Cfl.H� O O PLANS OF REMW.DIE DESGW ENGINEER ODES NOT WARRANTY NOP O° r�1 dY> DIA INLET CUARANIEE THE LOCATION OF ALL(IRIDES DEPICTED OR NOT DEPiCIED. O° U QO E",Ta2D' WE OVIVIRA07M PRIOR 70 CWMENCEMENT OF CLNS7RUCROV,SHALL D° © ® o° I HX?FY DYE LOCATRN Cr ALL LDIIDES AND CVWrACT 0?0 SAFE AT 0°° t-eaa-30.-77s.� 000' ® 0 ° a THIS PUN Does NDT SNOW ANY UNRECa4aED OR UNIMRITIEN£ASfXENTS a o° © ® 0,0112'-0' WICH MAY 005r.A REASONABLE AND OIUDENT ATTEMPT HAS BEEN MAGE o TO offs £ANYAPPARd.'I,4t9S£tM a�D/ELANOI NOWWR,7HLS o° ' o ® ° °SHEA �-fl DOES NOT CONS ItnE A GUARANTEE Dur NO 8101 EASEWDY75 EtlSr. D°° A, 7NE EIEVADOWS XF107ED HEREON MERE BASED LPON AN ASSUMED DANL1. k1EK+T0°'°' S. INE LOCUS PR,9?TY IS NOT LOCATED IMRDH A Ft"ZONE AS DEPICIED ON THE 12�1L 1Y°F ES 4'TFD 1 1/S t,I n STONE .•99.0' LA TES)'f1Oe0 INSURANCE RATE MAP, DRAINAGE HOLES 4'70 2 1/2'DIA TAPER SECTION NEW WEIGHT 9' • WATERSHED SPECIAL PERMIT N -JOW ANDA7ID s6s0 i TOWN OF NORTH ANDOVER 3 A —L— LANNI G,BOA D �, /.h a T_ SEASMAL NIM aepU DWATFTt ET EYAl ON.9ra3 .{ r J� y!� DRA/N1fF NOTF� E4`lL ` I} 1!/2'(RUSHED S1CNE TO DE PLACED ON M Im !?� !6,Y91 ALL SNES OF INE DRYY1Eit. 2) Fame FABRIC TO MrtAP THE TDP AND SaEWAU AREAS OF TH£ JrAOUTr MRIVIELL ANO CRUSHED ARFAX M MINIMUM FOOT MT71CAL_27ARADar SME 9OTTOM \ }I OF DRroEt1 AND GROUNDWATER TABLE(IF ENCOUNTERED) 4) WE HORIZON A.d:HO'3z°`I 8 DYER SHALL 6E tu \ \ E7[CAYATED AIA7 ID7IOMID FRdI THE ENDltE DRAWACE FACILITY .# A. AREA LIWIS AND REPLACED MDI CLEAN SEPDC SAND. 5) ACCESS MANACLE SHALL BE PLACED MTIYN 72'OF F"SN GRADE � 1000 GALLON J1\` AL DRY WELL "5�. \ \ JUMBO CH-10) DATE: SOILS INFORMA770N: � \ j I�� LOT AREa�. Al \ \ 7255rPt WAS PERFORMED BY .i i I` ` 43.560 SF.f �� �• �\ LEGEND: JOHN A SULLIVAN Rf,P.E,C,S£ i �: \ -----\ \ ON 1/18/n I a v� ~� Ecw EDGE OF PAVEMENT 7EBTPIT• IN-1 I\��` � \. b�.-__.. Ex sxwIDOR ELEY.-I04.01* I �` 0=7- NOR.A FM 10 YR 3/3 1\ ���� \� \ �♦ ^r` --'x"�• 9sX7 EC 9'OT GRADE 7'-V' NOIR BY FSL 10 YR B/8 22'-s6' o-uLAYER FSE. Z5 Y514 p MOTDEs a NONE Al� 01 B/TUM/NIWS WATER HISERNG a NOME EX 7REEUNE LOT INFORdfA770N: THIS LOT WAS CREATED PRIOR TO ?q+Y � /��__]]// �., .` ^Z♦`�^�'�-�-�"es.� �„ JLK�D R£sauRCEAREt OCTOBER 24, 1994. (12/28/1984) `. //\�,�`j..�.\ ♦��^♦\-�". "UCCA N£TLANOMAO NUMam WATERSHED INFORMA770N: ` ro `� \ y�� ` \ 'SF sD f€D \ . `� �' j FF£ RRST aooR ELEYADAY 7HE ENTRE LOT IS LOCATED KTIHIN „ \ 1 �47ETi '`♦_ �` �. ♦-� b,��r�.� �1 1 � THE NON-DISCHARGE ZONE / - ♦ ♦♦ -� �ya S£M£Et MANNO[E y _-� ♦ ` - _° L'utlre.RopFAreal, �;� �� —a— GAS MAIN PROP. 1,000 GALLON ♦ \ '0.{,p a / CONC.DRYWELL W/ l/ E1a5RNp' ♦ ♦.. f fb SQL° �� ` 2 � 35'OF CRUSHED STONE ♦� .�'- �•Raat iTr,bq,.p,�� �\\` -\ a\ —s— &RISER MAN SURROUNDING(SEE DETAIL) t0 dYY�'R. \ \ V `'m N! —w—— WA7EA MAIN IMPERVIOUS AREA/NCREASE/MJTiGA770N. ~_1 r__ `�\\�-�� �� •l\ rn ` Pas) PROP.SPOT TIRADE _ . �( �.` PROP_ GARAGE 576 S.F. 2yl� e - \`~ � \ l� �� � INT PHNOPES IARAN MM. PROP.DRIVEWAY EXPANSION:-250 S.F. aryat8 a o:.,•`rAa:::` x J.�\ \\�\ � ♦♦ ♦� ( ) TOTAL- 626 S.F. "�•" law}O20'+ `'off 'Qr• •I \.j \ ` ROOF AREA TO BE RECHARGED NP.-7Cxaa• t lnv,.to�a% ��; 1`' ♦' �♦ \♦ \ ♦♦ ♦'- PROP.GARAGE: 576 S.F. 1 20.'� �� E795rWp�.. ♦ ` \ EX.7 STORY ROOF AREA: 252 S.F. 0.T ca" \ ` ♦--_ TOTAL 825 S-F, .L,`�ftW%A1' t ♦ �\ ZONING INFORMA770N: Entire Do B of Mea- i SHY 80 \ o1 EX 1 Story r D0.r9 R ^•- ZONING DISTRICT:R3• y�e Rao/to be piped o t \ WAIN WATERSHED DISTRICT EX. GROSS fR00R AREA: /M r° to OryreB zSIT _ MIN.BLDG.SETBACK& F 70TAL MVM AREA 7,572 S.F. h q / S» C NO � FRONT: 30 FEET EASEMENT MFA 1.$52 S.F. t075 SDE:20 FEET SDUBCE:TDM!OF NORM AHDOKR , ITE-Io9•I EXSW \ _ REAR: 30 FEET ASSESSOR FIELD CARD WRET WAU. ' s� ASSESSOR REFERENCE.' S\AUCWASU DPANSM(25X)ORASSESSOR MAP 370 PARCEL 19 PROPOSED 0WARSICH.57;SF.<H3 Sr.(0It) �*�cl�'3 'J?>_ OWNER/APPLICANT.• rAx MAP 3MLnr to ..MSIWC �� s, H/X AOOEWOOD COJETFAY AS= , ! CEOK \ 0.o \ PETER 4,ARLENE DEWJN N SALEM STREET ! 1 STY ' T NORTHSANDOVER,MA�01645 ( 1 1 ` SALEM S7)? T 01 DEED REFERENCE: BOM,4520 PACE 15T NIL tr10CCE(q ��'y uiN.j1U¢dNd s�76AccX[mE'(TTPl � F \ I06l1i a (($ $l r X EDEN fmOELo 4i nw SALEM sTRfEr S66'20'14`E 166.32' I 80.62' O J e Fna.IFu a a _Q—.._...—.—._ 1M SAI" STfIE" - — PLOT'PZ"OF IdHD LOCATED JN SALEM (T962 LAYOUT PUBLIC-VAR.) STREEr ONORTH ANDDVER, MASSACHUSE?TS ax (MSMC COUNTY-NORTBERN RLS'TRTC'7) .....J._.—•—'—-—..,_...,. PREPARED FOB (( DEED h_STRIC770N& t9'w- _ — BENCHMARK CHART: —.—.—Ir PATER&ARLSNE DEVLW NrL4� THE ONLY FERTILIZERS ALLOWED FOR USE ON THIS PROPERTY BM}' DESCRIP7}ON F_LEV, SCALE. 1'=20' DATE.-FEB. 13, 2017 SHALL BE ORGANIC OR SLOW-RELEASE NURCGEN.PHOSPHORUS PREPARED BY FREE PRODUCT I & I SP1K£g7 100.00' SULLIVAN ENGINEERING GROUP, LLC NON-ORGANIC PESTICIDES AND HERBICIDES USE IS PROH1B17E0. P.O.BOX 2004 7HE USE OF COAL TAR-BASED PAVEMENT SEALANTS IS PROHIBITED. •ASSUMED DATUM WOE11".MA 01843 SCALE 1-20' (%d)164-3844 THESE STATEMENTS SHALL APPEAR AS A DEED FEEr 20 0 10 20 40 RESTRICTION TO RUN KITH THE TITLE SF7EE1'ND. 1 OF 1 EMM. AW 27, 2017