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HomeMy WebLinkAboutNotice of Decision - Decision - 45 WOODBERRY LANE 6/14/2019 NORTHERN RSSE REO1ST,RY OF REEDS pal A division of 40 Seeretmy ofthe Cotn 'h ESSEX NORTH REGISTRY OF DEEDS LAWRENCE,MASS. 1 M.Paul IMMU0 110 A TRUE COPY ATTEST: Register DOCUMENT M1816TIM OF 09RDS COVER SHEET 'For use with documents that do not meet .Doeument formwdug standards This is the fist page of this document--I lalauot;remove PIT OR TYPE { DOCUMLNT TYPE: NUMBER OF PAGES (including coves sheet) TOWN: 1V �Y' _ Y� ol/ PROPERTY ADDRESS: `� `� "v U OA r k -rrLy L DMEXING SAS.BE ABSTRACTED FROM TMDOCUM Nr SMUTTED ; Bk 15881 Pg291 #13381 • Town of North Andoveri', {y` Office of the Planning Department f`�z S r)r:Jw f,i Comm upity&Economic D,ey. ' .0 e t Division �tll3 �, 120 Main Steeat' P11 North Andover,Massachusetts 01845 NOTICE OF DECISION WATERSHED DISTRICT SPECIAL PERMIT Any appeal shall be died Thia is to 6"a5y that twenty(an)nays 20 days after the have amapsed grom date of decision,filed wvithin Y wi>tw+it ung of an p9pea oZ o 1 date of filing this notice in Hate T the office of the Town Cleric mn C� m twk hew �'am Date: May 21,2019 Date of Public Dearing: April 16,2019,May 21,2019 Petition of: Lisa TorbinShaw 45 Woodberry Lane North Andover,MA 01945 Premises Affected: 45 Woodberry Lane(Map 38 Lot I &) North Andover,MA 01845 `•< # Referring to the above petition for review of a Watershed SpecraYPeitnit,according to the requirements of the North Andover Zoning Bylaw,Part 5.Watershed Protection District,Section 1 V,Site Plan Review,and MGL C.40A, Seo. 9 so as to allow the construction of a 17'X21' tiy?ii(2)story addition within the Non-Discharge Zone.The project is located within the Residential I (R 1)zi?n District. After a public bearing given on the above date,and upon a motion by A.Preston and a 21°by L.Crane,to APPROVE, as amended, a Watershed Special Permit with the following conditions imposed on the project by a vote of 4 in favor and 0 against. On alf of the North Andover Planning Board Eitan Goldberg,Chairman Peter Boynton Lori Crane Aaron Preston l' AT'Pb'Tt A car i f Bk 15881 Pg292 #13381 45 Woodbeny Lane(Map 38 Lot 138) Watershed Special Permit May 21,2019 Page 2 of 5 Ti lie Public Hearing on the above referenced application was opened on April 16,2019 and closed by the North Andover Planning Board on May 21,2019. On May 21,2019,upon a motion made by A.Preston and seconded by L.Crane to APPROVE,as amended,a Watershed Special Permit to allow the construction of a 17'X21'two(2)story addition within the Non-Disoharge Zone.The project is located within the Residential 1 (R 1)Zoning District.This Special Permit was requested by Lisa TorbinwShaw,45 Woodberry Lane,North Andover,MA 01845 on March 8,2019. The Applicant submitted a complete application,which was noticed and reviewed in accordance with Part 5 Water Protection District, 10.7,and 10.7.A of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9.The motion to approve was subject to the F1'NDINGS 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,undez MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town 0erk. In accordance with Part 5'Water Protection District 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 followhig'IiMINGS OF FACT. l) The project is located within an extremely enviromm ntaliy sensitive area an_d in close proximity to Lake Cochichewick and/or a tributary to the Lake, the`I own's sole drinking water supply; however, the -final design includes the implementation of Best Manage meat practices that reflect extensive discussions between the Town and Applicant to ensure the continued protection of Lake Coohichewick and the safety and welfare of the residents of North Andover. 2) This lot was created in 1976 and is subject to The Town of North Andover Bylaws Section 195-4.1 SY Table 2. 3) The proposed project calls for a 1,000 gallon concrete drywell to collect/recharge roof runoff from the roof area of the addition, 4) The proposed work is located within the Non-Disturbance.Zone of the Watershed Protection District. The project has been reviewed by the Town's Stoimwater Review consultant,,SSV Engineering,Inc.and with the application of erosion control measures and modifications to the stormwatermanagement designs, the consultant concluded that there will not be significant deg;4tion to the quality or quantity of water in or entering Lake Cochichewiok.The site drainage system and stormwatee management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. (See letters from Sullivan Engineering Group LLC dated April`11; 2019, SSV Fngineeting Inc. dated March 19,2019 and email from SSV Engineering Inc,dated May 4 k6 ' 019). 5) The plans were distributed to Town Departments/Comanittees for technical review and comment on March 20,2019. These distributions included: i) Department of Public Works,email respbhsei dated March 22,2019. ii) Board of Health,email response dated 1vlar'6 29,2019, 1h) Conservation Department,email response dated March 20,2019. iv) Fire Department,email response dated March 21,2019. v) Police Department,einail response dated May 17,2019. vi) Building Department,email response dated March 7,2018. 6) The specific Site is an appropriate location for the proposed use and structure. i Bk 15881 Pg293 #1338 . 45 Woodberry Lane(Map 38 Lot 138) Watershed Special Permit May 21,2019 Page 3 of 1) Because of the unique characteristics of the Site the use as developed will not adversely affect the neighborhood. 8) There will be no nuisance or serious hazard to vehicles or pedestrians. 9) Adequate and appropriate facilities are provided for the.pi op.er project. 10) There is no reasonable alternative location outside the°_Cre eira(;,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 l3ylaw. Upon reaching the'above findings,the Planning Board approves this Special permit based upon the following SPECIAL CON?1 ONS: a 11) Feimit Definitions: a) The"Locus"or"Site"refers to the approximately 36,902 Sq.Ft,parcel of land on a portion of Assessors Map 38,Lot 138 also known as 45 Woodberry Lane,North Andover, Massachusetts. b) The"plans" refer to the plans prepared by Sullivan ftgineering, Group,LLC, entitled "Plot Plan of Land in North Andover,Massachusetts,"dated March 8,2019 and revised to May 11, 2019. c) The"Project"refers to the construction of a 357 square foot addition of the existing home in the Non-Discharge Zone on the Locus as shown on the Plans.The Project is located within the Residential 1 (R 3)Zoning District. d) The"Applicant"refers to Lisa.Torbin-Shaw,the applicant for the Watershed 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,4hich can include butis.nat limited to the applicant, developer,and owner. 12) The Planning Director shall approve any changes made to,'Oes�plans. Any changes deemed substantial by the Planning Director would require a Public Hearing.and Modification by the Planning Board. i PRIOR TO ANY SITE WORW ISSUANCE, OF A BUD D&d PERMIT 13)A peiforrrranee guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the constmotion,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 Planning Director,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. Bk 15881 Pg294 #13381 45 Woodberry!Lane(Map 38 Lot 138) Watershed Special Permit may 21,2019 Page 4 of 5 must also be available upon notice to inspect the site accompanying a Planning Department designated official. 15) All erosion control measures as shown on the plan must ti;glace and reviewed by the Planning Staff. 1 b) fertilizers are limited to those which are either oirganio of sloes 61case nitrogen and phosphorous-fi•ce, noa-organic pesticides and herbicides use are prohibited,`a fhe use of coal tar-based pavement sealants is prohibited. The applicant shall incorporate this ct nafiition.as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner aidd included in the file. PWOR TO RELEASE OF M PERFORMANCE BOND 17)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. 18) The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved plan. GENERAL CONDITIONS 19)No openburning shall be done except as is permitted during burning season under the Fire Department regulations. 20)The Contractor shall contact Dig Safe at least 72 hours pxigz to p9mmencutg excavation.. 21) The provisions of this conditional approval shall appi�. t,�;and be binding upon the Applicant, it's employees and all successors and`assigns in interest or 22)Pursuant to the North Andover Zoning Bylaw Section 10,7(3), this Special Permit approval shall be deemed to have lapsed May 21, 2021 (two years fro.E i6i 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. 4 Ci. 23) This decision must be recorded with the North Essex Registry of Deeds.The following information is included as part of this decision: Plan titled: Plot Plan of Land in North Andover,Massachusetts(Assessor's Map 38,Lot 13$} Prepared for: Lisa Torbin-Shaw 45 Woodberry Lane North Andover,MA 01845 Prepared by, Sullivan Engineering,Croup,LLC PO Box.2004 Woburn,MA 01888 Scale: 1"y G' ,4A r :l t Bk 15881 Pg295 #13381 45 W'oodbsny Lane(Map 38 Lot 138) Watershed Special Pennit May 21,2019 Page 5 of 5 Date: March 8,2019 and revised to Apfflill,2,019 cc: Applicant , Abutters Bk 15881 Pg296 #13381 12"of 1 4/2" Wdshetl cAV IR*4 reAVE AW rnYM LEGEW: �� E' TAPER C IVFR'm PE 2e Rbma(SOGa) Crushed Stone %0 be Fp TM FA(4Ad Cop "at Orr I-AP&ENT ploced on each side e4i^W.." 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