HomeMy WebLinkAbout2002-12-17 Decision MODIFICATION Lot 1 This€s to certify that twenty(20)days
have elapsed from date of declslon,flied `�'ovvn of NeAh Andover t,OR 4
'Nithout fling Of an appeal. a oF�q�sa ,6-N,
Date C!•,�°t' . r of she Planning De��>r�
�1@A:t3iadstt 4 .
TQwfl 9)@l_h o unilty Development and, Services Division
27 cliaxles Street
North AndoN,er, Aflassachcisetts 01845 ��SSac.sus�tiy
Heidi Griffin Telephone (978)688-9535
Planning Director Fax (978) 688-9542
Notice Of Decision
Any appeal shalt be filed
Within (20) days after the C73 --t-,
M r�ca
Date of filing this Notice
1 1 In the Office of the Town w �'
Clerk 73
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Date: December 17, 2002 co
Date of Hearing: December 3,2002 -_-
Rr December 17, 2002 -0
Petition of. William Barrptf comes, Inc., 1049 Turnpike Street, North Amdover MA-
Premises Affected: 383 Johnson Street, hots 1, 2, 3, &4, North A&idover, MA 01945
Referring to the above petition for Watershed Special Permits for Lots I —4. The
application was noticed and reviewed in accordance w;t:b Sections 4.136 and 10.3 ofij
North Andover Z6niug bylaw and VI.G.L. e.40A, see. 9.
SO as to 5110w: For Lot 1; construction of a 576 s.f garage, driveway and gradng and,
drainage structures within the Nona-Discharge Zone.
Far°Lot 2; construction of a 3,415 s.f: residence, paved driveway, drainog;e
structures and grading within the Non-Discharge Zone.
For Lot 3; construction of a 3,738 &f. residence, a portion of paved
driveway, drainage structures and grading within the Non-Discharge Zone,
and construction of paved driveway, grading and drainage in the Noll-
`i nt e Cop-y Disturbance Zone. .�
For Lot 4; construction of a 2,596 s.f residence a portion of paved
driveway, drainage structures and grading within the Non-Discharge Zone, '
and construction of small portion of the structures, a paved driveway, _=
grading and drainage structures in the Non-Disturbance Zone. -
After public hearings given on the above dates, the Planning Board voted to APPROVE
the Watershed Special Permits, based upon the following conditions:
'�r
,
Signed: 61k 1�7�C�rl �J
�o n Simons, Chairman
Cc: . Applicant Building Department Richard Nardella, Clerk
Engineer Conservation Department Felipe Schwan
Abutters Health Department George White
DPW ZBA Return to:
Mann &Mann, P.C.
161 South Main St., c€4ie 208
MiddLtun, MA 01949
BOARD OF-APPEALS 698-9541 BUILDING 688-9545 CONSERVATION 6n-9530 HEALTH 688-9540 PLAN1NING 698-9535
r
383 Johnson Street, Lot I
Special Permit- Watershed Protection District
The PIanning Board makes the following findings regarding the application of William
Barrett Homes, Inc., 1049 Turnpike Street, North Andover, MA, 01845, submitted on
October 11, 2002, requesting a Special Permit under Section 4.136 of the Zoning BY-Law to
allow the construction of a 576 square foot garage and driveway accessory to the existing
dwelling and grading and drainage structures within the Non-Discharge Zone of the
Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw,
as well as its specific criteria, are net. Specifically the Planning Board finds:
1. That as a result of the proposed constriction in conjunction with other uses nearby,
there will not be any significant degradation of the quality or quantity of water in or
entering Labe Cochichewiel.. The Planning Board bases its findings on the
following facts:
a) The proposed structure will use the Town sewer system.
b) A deed restriction will be placed limiting the types of feARizers that can be used
on the site.
c) The topography of the site will not:be altered substantially.
d) The limit of clearing is restricted to the z-flinimu i necessaiy.
e) Certification has been provided by a registered professional engineer that the
new structure will not have an effect on the duality or quantity of runoff entering
the ,ixJatershed protection district.
f) The plans and documentation have been reviewed by the town's outside
engineering consultant, VHB, and with the application of the erosion control,
and use of organic low nitrogen fertilizers, there will be no degradation to the
quality or quantity of water in or entering Lake Cochichewick,
2. There is no reasonable alternative location outside the Non-Discharge Zone for any
discharge, structure or activity, associated with the proposed project as most of the
buildable portion of the lot is located within the Non-Discharge Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board
makes the following findings:
a) 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;
b) The use will not adversely affect the neighborhood as the lot is located in a
residential zone;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the
proposed use;
e) 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 conditions:
SPECXAL CONDITIONS:
I) This decision must be filed with the Forth Esser Registry of Deeds. The following
information is included as part of this decision:
a) Plan titled: Site Development Plan of Land
Lots 1-4 Johnson Street
North Andover, MA
For William Barrett Homes Inc..
Prepared by: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Scale: V =40'
Date: August 30, 2002,last revised November 11, 2002
b) The Town Planner shall approve any changes made to these plans. /Ui), changes
deemed substantial by the Town Planner would require a public hearing and
modification by the Planning Board,
2) Prior to issuance of a building permit:
a) A performance guarantee of one thousand ($1000) dollars in a form acceptable to
the Town of North Andover must be posted to insure that construction will take
place in accordance with the plans and the conditions of this decision and to ensure
that the as-built plans will be submitted.
b) All erosion control pleasures as shown on the plan must be in place and reviewed by
the Town Planner.
c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance.
The applicant shall incorporate this condition as a deed restriction, a copy of
the deed sliall be submitted to the Town Planner and included in the file.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional
Engineer in Massachusetts that shows all construction, including storm water
mitigation trenches and other pertinent site features. This as-built plan shall be
submitted to the Town Planner for approval. The applicant must submit a
certification from the design engineer that the site was constructed as shown, on the
approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan,
4) In no instance shall the applicant's proposed construction be allowed to further impact
the site than as proposed on the plan referenced in Condition.# 1.
5) The Contractor shall contact Dig Safe at Ieast 72 hours prior to corrmiencing excavation.
6) The provisions of this conditional approval shall apply to and be binding upon the
applicant, it's employees and all successors and assigns in interest or Control,
7) This pcnidt shall be deemed to have lapsed after a two- (2) year period from the date on
which the Special Permit was granted, or December 17, 2004 unless substantial use or
construction has connneneed.
CC. Applicant
Engineer
File
383 Johnson Street Reairy Trust
44 Mitchell Roadt �
Ipswich,Massachusetts 0193$
Phone
l=ax(918)3$6 45544 Pt NNI►11�ti��; P j-1?/J
Date:7/2 8/03
To:Tustin Woods—Town planner
From:Joseph Pelich-Trustee
Regarding;Lot 1 AKA 383 Johnson Street(existing house)
Rages: fax only
Please consider my request to appear before the Planning Board to review minor changes to the site plan
for the property located at 383 Johnson Street North Andover. As we discussed 1 would greatly appreciate
it if I could be placed on the agenda for Monday the 5"'of August(the next meeting).
To give you a broad overview of what I hope,to accomplish please review the following;
The current watershed special permit for lot 1 allows for two driveways,one ftom Lisa Lane and one from
Johnson Street.It also allows for a 24x24 garage.
I would like to expand the garage to three stalls and connect the garage tp the existing house.I strongly feel
this makes the property aesthetically much better than a stand-alone 24x24 garage. I have had prepared
colored architectural renderings for the review of the Planning Board and yourself.
Admittedly,the additional garage and connection create more impervious area, We plan to mitigate against
this by eliminating the proposed driveway from Johnson Street.The net affect is I will reduce overall
impervious area in the watershed district by more than 1000 square feet.
I would request a motion and vote from The Planning Board that the change is a minor change as it reduces
impervious area. I would then ask the Board to vote to allow the change.
I greatly appreciate all your assistance and input on this project.I look forward to our continued working
relationship.
Thank you.
Sincerely,
Joseph Pelich tr.
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