HomeMy WebLinkAbout090804 Notice of Decision Watershed Waiver - Waiver - 45 WOODBERRY LANE 8/4/2009 RECEIVED
01 �OSTIy A TOMH CLUK'S OFFICE
Town of North Andover
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° . ' Office of the Planning Departmen12009 AUG` 5 PM h., I I
Community Development and Services Div'
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North Andover,Massachusetts 01845, MASSAOUSETTS
NOTICE OF DECISION
Watershed Special Permit-.Waiver
Date of Decision: August 4,2009
Application of: Eric and Brenda Faulkner
45 Woodberry Lane
North Andover,MA 01845
Premises Affected: 45 Woodberry Lane, North Andover,MA 01845, Map 38 Parcel 138,
within the R-3 zoning district.
HISTORY AND BACKGROUND
On July 28, 2009, the applicant requested a waiver.of the Watershed Protection District Special
Permit, in accordance with the North Andover Zoning Bylaw section 4.136.8, so as to allow the
construction of a 112 sq. ft. (8 X 14) replacement deck. The deck will replace an existing deck
and will be located further frorn the wetlands than the existing deck. The new deck will be
located within the 100-foot buffer zone to a Bordering Vegetated Wetland (BVW), within the
Non-Disturbance buffer zone of the Watershed Protection District. {
The applicant is also creating a 294 sq. ft. stone patio, as well as replacing an existing walkway
with stone paver steps. The distance from the start of the walkway to the existing wetlands is '
approximately 61 ft. There are two existing driveways, an upward slope and a stone wall that
divide the newly constructed walkway from the delineated wetlands.
The applicant was approved by the Conservation Commission as a Small Project on July 22,
2009.
DECISION
After a Planning Board meeting on the above date, and upon a motion by M. Walsh and 2na by R.
Rowen, a vote was taken with regard to a waiver of the Watershed Special Permit. The vote was
unanimous in favor of the waiver.
FINDING OF FACT
The Planning Board has made its decision based on the following findings:
a The deck will replace an existing deck that was located closer to the wetland area.
• The new patio and walkway are separated from the wetlands by 2 driveways,and upward
islope and a stone wall,
• The plan has been approved by the Town of North Andover Conservation Commission.
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+ The proposed changes will not create a more detrimental impact on the wetlands that
exist on the property.
CONDITIONS
1. The applicant has agreed to have the Town Planner pet-form a minimum of two
inspections of the site during the construction process
2. Proper erosion control will be constructed and will remain throughout the project,
according to the conditions approved by the Conservation Commission.
orth Andover P nniug Board
John Simons, Chairman
Courtney LaVolpicelo
Tim Seibert
Michael Walsh
Richard Rowen
Michael Colantoni
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