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HomeMy WebLinkAbout2012-05-01 Planning Board Supplemental Materials (51)Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF DECISION - DRAFT Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: May 1, 2012 Date of Hearings: March 20, 2012, April 3, 2012, May 1, 2012 Date of Decision: May 1, 2012 Petition of: Stephen Smolak, 762 Dale St., North Andover, MA 01845 Premises Affected: 358 Dale Street, North Andover, Massachusetts, 01845. Assessor’s Map 64, Parcel 26 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136 & 10.3. So as to allow the construction of a new single-family dwelling, with a driveway, landscaping, utilities, and the installation of stormwater management system within the 250 foot Non-Disturbance Zone of the Watershed Protection District. After a Public Hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District, based upon the following conditions: Planning Board John Simons Timothy Seibert Michael Colantoni Dave Kellogg The public hearing on the above referenced application was opened on March 20, 2012 closed by the North Andover Planning Board on May 1, 2012. On May 1, 2012 upon a motion made by X and seconded by X to GRANT a Watershed Special Permit for the allow the construction of a new single-family dwelling, with a driveway, landscaping, utilities, and the installation of stormwater management system within the 250 foot Non-Disturbance Zone of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. The total amount of impervious area to be created is 1,780 sq ft. of roof area and 2,178 sq. ft. for the driveway. This Special Permit was requested by Stephen Smolak, 762 Dale Street, North Andover, MA 01845 on February 17, 2012. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 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 Appendix A to this decision. The Planning Board vote was unanimous. 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: 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: The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects 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. The lot was created prior to January 9, 1957 and is thus granted limited grandfathering exemptions from dimensional requirements and is not subject to the Watershed Protection District zoning changes made in 1994. The construction has been reviewed by Town Staff and the Town’s consulting engineer, Lisa Eggleston, and with the application of the erosion control measures and modifications to the drainage and 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 storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. The plan has been reviewed by the outside consulting engineer, Lisa Eggleston, as evidenced by the letters from L. Eggleston dated March 20, 2012 and April 12, 2012. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to a single-family dwelling: The new dwelling unit plus driveway will create 2,178 sq. ft. of new impervious area. All of the roof runoff will be routed to an infiltration wells so that the stormwater runoff for entire roof area of the dwelling unit will be infiltrated. A portion of the new driveway will consist of pervious pavement. The applicant will install Town of North Andover Wetland Markers at the northern and eastern edge of the limit of clearing, as shown on the Plan. The applicant will minimize the creation of lawn area and the clearing of existing vegetation. The applicant will also provide a landscape plan that will include identification of lawn areas, planting areas, areas of tree clearing and a list of proposed native plantings, including proposed trees. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. The existing structure is connected to the Town sewer and water systems. There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge, structure or activity. In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 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; The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; There will be no nuisance or serious hazard to vehicles or pedestrians; 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 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: 1) Permit Definitions: The “Locus” refers to the 64,487 sq. ft. parcel of land with frontage on Dale Street as shown on Assessors Map 64, Parcel 26, and also known as 358 Dale Street, North Andover, Massachusetts. The “Plans” refer to the plans prepared by Engineering and Surveying Services, dated February 16, 2012, revised on March 27, 2012, entitled “Site Plan, in North Andover, 358 Dale Street, Map 64, Lot 26”. The “Project” or “358 Dale Street” refers to the construction of a new single-family dwelling, with a driveway, landscaping, utilities, and the installation of stormwater management system within the 250 foot Non-Disturbance Zone of the Watershed Protection District. The “Applicant” refers to Stephen Smolak, the applicant for the Special Permit. 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. 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. Prior to the endorsement of the plan: Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. 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. The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 4) Prior to start of construction or Site Work: A performance guarantee bond of four thousand dollars ($4,000.00) 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. The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four (4) hours notice to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. Wetland markers will be located at the northern and eastern edge of the limit of clearing, as defined on the Plan. Three (3) copies of the signed, recorded plans and the decision must be delivered to the Planning Department. Yellow “Caution” tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. A pre-construction meeting must be held with the developer, their construction employees, Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. A construction sequencing plan shall be provided, showing the construction phasing of the porous pavement. 5) Prior to the issuance of a Building Permit: A landscape plan must be provided, showing the location of new lawn area, location of planting areas and a list of proposed plantings, which should be native species. 6) Prior to release of the Performance Bond: The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches 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. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) 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. 10) This Special Permit approval shall be deemed to have lapsed May 1, 2014 (two years from the date of issuance) exclusive of the 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. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: “Site Plan, in North Andover, 358 Dale Street, Map 64, Lot 26” Prepared for: Stephen Smolak 762 Dale Street North Andover, MA 01845 Prepared by: Engineering and Surveying Services 70 Bailey Court Haverhill, MA 01832 Scale: 1” = 20’ Date: February 16, 2012 and revised March 27, 2012 Sheets: 1 Stormwater Report Date: February 17, 2012  cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File