HomeMy WebLinkAbout20180403 Decision - Decision - 128 DALE STREET 4/3/2018 •I'- -2 m -
• Town of North Andover
• `�` Office of the Planning Department ', =x
Community Development and Services Division ` it:
120 Main Street
North Andover,Massachusetts 01845 g
NOTICE OF DECISION
WATERSHED PROTECTION DISTRICT SPECIAL PERMIT
Any appeal shall be filed
within(20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: April 3,2018
Date of Hearing: March 20,2018,April 3,
2018
Date of Decision: April 3,2018
Petition of: Steven Mason
128 Dale Street
North Andover,MA 01845
Premises Affected: 128 Dale Street
North Andover,MA
Assessor's Map 37.B,Parcel 8
Referring to the above petition for a Watershed District Special Permit, from the requirements of the North
Andover Zoning Bylaw Sections 4.136, 10.3 AND 10.3land M.G.L. c.40A, Sec.9.
So as to allow the addition of a 1 car garage,carport and master bedroom expansion with associated landscaping
in the Non-Disturbance Zone of the Watershed Protection District.The project is located within the Residential
1 (R-1)Zoning District.
After a public hearing given on the above date, and upon a motion by Aaron Preston and 2'by John Simons
to APPROVE a Watershed Special Permit and based upon the following conditions.Vote was 5—0 in favor
of the application.
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On ehalf of North Andover Planning Board
Eitan Goldberg, Chairman
Peter Boynton
Christine Allen
Aaron Preston
John Simons
128 Dale Street
Map 37.B,Parcel 8
Watershed Protection District Special Permit
Page 2 of 6
The Public Hearing on the above referenced application was opened on March 20,2018 closed by the
North Andover Planning Board on April 3,2018.
PROCEDURAL HISTORY
1) An application for a Watershed District Special Permit was filed by Steven Mason, 128 Dale
Street,North Andover,MA 01845.
2) A Legal Notice was noticed in accordance with Section 11 of M.G.L. c. 40A.
3) The following information was submitted by the applicant:
a. Watershed District Special Permit was stamped by the Town Clerk on February 26, 2018.
b. Abutters Plan,Dated November 13,2017,Revised February 1,2018.
c. Proposed Garage Plan,Dated November 13, 2017,Revised to February 22. 2018.
d. Town of North Andover Certified Abutters List.
4) The plans were distributed to Town Departments/ Committees for technical review and comment
on March 1,2018. These distributions included:
a. Department of Public Works, email response dated March 16,2018.
b. Board of Health, email response dated March 7,2018.
c. Conservation Department, email response dated March 1,2018.
d. Fire Department.
e. Police Department, email response dated March 7,2018.
f. Building Department, email response dated March 7,2018.
5) The bomplete application was 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.
6) Public hearings were held on March 20,2018 and April 3, 2018.
7) On April 3,2018,upon a motion made by Aaron Preston and seconded by John Simons to
GRANT a Watershed Protection District Special Permit to allow the addition of a 1 car
garage,carport and master bedroom expansion with associated landscaping in the Non-
Disturbance Zone within the Watershed Protection Zoning District.
The Planning Board vote was unanimous. A Watershed Protection District Special Permit issued by
the permit granting authority requires a majority vote 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 249, Section 4 to appeal to this decision within sixty days after the date this
decision has been filed with the Town Clerk.
FACTS
8) 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 the 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.
128 Dale Street
Map 37.13,Parcel 8
Watershed Protection District Special Permit
Page 3 of 6
9) As required by the Town of North Andover's Zoning Bylaw Section 4.136.c.ii.3, in order to
construct a new structure in the Non-Disturbance Zone,the Applicant has received a Variance from
the North Andover Zoning Board of Appeals. The Applicant also received variances pursuant
Section 7.3 for a front setback variance of 2 feet, a side setback variance 14.8 feet on February 13,
2018.
10) The Conservation Commission voted on March 28, 2018 to issue a Negative Determination of
Applicability for the proposed project.
11) The project proposes to expand the existing 1644 square foot structure by 568 square feet;less than
fifty(50)percent of the gross floor area. The existing structure is connected to municipal sewer.
12) The project proposes to mitigate the additional 876 square feet of impervious area by directing
roof runoff from the proposed addition to a pervious lawn area at the rear of the house and a
pervious landscaped area at the front of the house using downspouts. The existing 1700 square
foot impervious driveway will be replaced using pervious material. The stormwater review for
this project was conducted by the Town of North Andover Department of Public works and at
their request,the driveway will be graded such that the runoff is directed towards an infiltration
trench along the edge of the driveway Practices(see email from DPW dated March 16, 2018).
With the application of erosion control measures and modifications to the stormwater
management designs,there will not be significant degradation to the quality or quality of water in
or entering Lake Cochichewick. The site drainage system and stormwater management design
and designed in accordance with the Town Bylaw requirements and Best Engineering and
Management.
13) The lot was created prior to October 24, 1994 and is not subject to the provisions relating to the
Conservation Zone and the enlargement of the Non-Disturbance Zone, as described in Section
4.136.2.Table 1.
14) The specific site is an appropriate location for the project as the property is located within the R-1
zoning district and is currently occupied by an existing single-family structure.
15) The use, as developed, will not adversely affect the neighborhood as the land associated with the
abutting parcels is single family residences within the R-1 zoning district.
16) There will be no nuisance or serious hazard to vehicles or pedestrians.
17) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge, structure or activity.
PERMIT DEFINITIONS
• The "Locus" or "Site" refers to the 1.03 acre parcel of land, as shown on Assessors Map 37.B,
Parcel 8, and also known as 128 Dale Street,North Andover,Massachusetts.
• The "Plans" refer to the plans prepared by JM Associates, 325 Main Street, North Reading, MA
01864 entitled"Proposed Garage, 128 Dale Street.North Andover,MA 01845," dated November
13, 2017 and Revised to February 22, 2018.
• The "Project"refers to the addition of a 1 car garage, carport and master bedroom expansion with
128 Dale Street
Map 37.B,Parcel 8
Watershed Protection District Special Permit
Page 4 of 6
associated landscaping in the Non-Disturbance Zone within the Watershed Protection District.This
project is located within the R-1 Zoning District.
• The"Applicant"refers to Steven Mason, 128 Dale Street,North Andover,MA 01845,the applicant
for the Special Permit, its successors and assigns.
• 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 Planning Board finds that this project generally complies with the Town of North Andover Zoning
Bylaw requirements as listed in Section 8.3.5,but requires conditions in order to be fully in compliance.
The Planning Board hereby grants an approval to the applicant provided the following conditions are
met:
SPECIAL CONDITIONS
18) Wetland markers shall be installed every 35 feet at the existing tree line and 12" Compost or bark
mulch sock Erosion control shall be installed as shown on the site plan as per the March 28, 2018
Determination of Applicability.
19)Any new landscape area will be confined to what is indicated on the plan. The soil should have a
minimum of 6 inches of topsoil and where possible,native vegetation should be planted.
20)Any work blocking the travel way will require a police detail (Daniel Lanen, Police Division
Commander, email dated March 7,2018).
21) The Applicant shall incorporate the following conditions as a deed restriction and a copy of the
recorded deed restriction shall be submitted to the Planning Department and included in the file.
a. Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. Non-organic pesticides and herbicides use will be prohibited, and the
use of coal tar-based pavement sealants will be prohibited.
b. All future property owners will maintain the stone trench along the driveway, which will
include sweeping of the driveway and removal of debris, as needed.
PRIOR TO ANY SITE WORK/ISSUANCE OF A BUILDING PERMIT
22)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.
23) 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.
128 Dale Street
Map 373,Parcel 8
Watershed Protection District Special Permit
Page 5 of 6
24) Two (2) copies of the signed, recorded decision and plans must be delivered to the Planning
Department.
25)A detailed construction schedule shall be submitted to the Planning Staff for the purpose of tracking
the construction and informing the public of anticipated activities on the site.
26) 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. All
erosion control measures as shown on the plan must be in place and reviewed by the Planning Staff
during the meeting.
DURING CONSTRUCTION
27) Dust mitigation must be performed weekly,or more frequently as directed by the Director of Planning,
throughout the construction process.
28) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.It shall be the
responsibility of the developer to assure that no erosion from the construction site shall occur which
will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally
ancillary to off-site construction.
29) Off-site erosion will be a basis for the Planning Board making a finding that the project is not in
compliance with the plan;provided,however,that the Planning Board shall give the developer written
notice of any such fording and three days to cure said condition.
PRIOR TO THE RELEASE OF THE PERFORMANCE BOND
30) A final as-built plan showing the final location of all on- site structures, curb cuts, parking spaces
must be submitted to the Planning Department.The as-built must be provided in paper form as well
as in SDF(Standard Digital File)format.The Applicant must also submit a letter from the architect
and engineer of the project stating that the building and landscaping substantially comply with the
plans referenced at the end of this decision as endorsed by the Planning Board.
31) The applicant must submit a letter from the architect and engineer of the project stating that the
building,landscaping and site layout substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board.This as-built plan shall be submitted to the Town Planner
for approval.
32) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
33) The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan.
GENERAL CONDITIONS
128 Dale Street
Map 37.13,Parcel 8
Watershed Protection District Special Permit
Page 6 of 6
34)Any plants,tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved
in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity.
35) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
36) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
37) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
3 8)No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
39) 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
40)Any action by a Town Board, Commission, or Department,which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
41)Pursuant to the North Andover Zoning Bylaw Section 10.31.3, this Special Permit approval shall
be deemed to have lapsed April 3,2020(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.
42) This decision must be recorded with the North Essex Registry of Deeds.The following information
is included as part of this decision:
Plan titled: Proposed Garage, 128 Dale Street.North Andover,MA 01845
Prepared for: Steven Mason
128 Dale Street
North Andover,MA 01845
Prepared by: by JM Associates,
325 Main Street
North Reading,MA 01864
Scale: 1"=40D
Date: November 13,2017,Revised to February 22, 2018,
cc: Applicant
Abutters
Town Clerk