HomeMy WebLinkAbout2019-02-26 Decision Insubstantial Change LDP - Replanting Plan 1
• . , D��6� Town of North Andover
Office of the Planning Department l' .i;F_ :o
Community Development Division i ' ` `, �,c f:l C c
120 Main Street
North Andover, Massachusetts 01845 Wd FEB 27 AH 11=
NOTICE OF DECISION—LAND DISTURBANCE PERMIT
(Insubstantial Change)
Date: February 26,2020
Date of Meeting: February 25,2020
Date of Decision: February 26,2019
Petition of: Livingstone Development
PO Box 50
Tewksbury,MA 01876
Premises Affected: 1975 Salem Street(aka 0 Salem Street),North Andover,MA 01845,Map 106B
Parcel 16 within the R 2 Zoning District
BACKGROUND
On September 5,2017,the Planning Board approved a Land Disturbance Permit for the construction of
three(3) detached single-family homes with site grading, driveways, and service utilities.The property is
located in the Residential 2(R-2) zoning district. The Applicant submitted a request for approval of a
Certificate of Occupancy upon issuance of an Insubstantial Change determination. The majority of the
Project is complete,however, an Interim As-Built Plan for Lot 3, dated of October 29, 2019,shows the
following deficiencies:
• Areas outside of the limit of work had been cleared.
• A larger house than the approved Building Permit Plan was constructed
• Additional infiltration stone was installed on Lot 3.
FINDINGS OF FACT
The project was reviewed by the town's civil engineer peer reviewer,TEC,for compliance with the
approved limit of clearing. Upon a visit to the site the following conditions were observed:
• Land outside of the Limit of Work had been cleared and planted with loam and seed;
• The house on Lot 3 was constructed 134 s.t: larger than the approved Building Permit Plan; and
• Approximately 25 feet of additional infiltration stone was installed,however,the additional stone
can adequately handle the runoff from the slightly larger house footprint.
After discussion at the February 25,2020 Planning Board meeting, and upon a motion by P. Boynton
seconded by K. Bargnesi,the Planning Board voted to approve the Insubstantial Change request for
Livingstone Development. The vote was 5-0, unanimous, in favor. The finding of no substantial change
is conditioned on the following:
CONDITIONS
+ Tree and shrub replanting will be done on a 1:1.5 replacement basis in areas cleared outside of the
limit of work.
Insubstantial Change
Land Disturbance Permit—Insubstantial Change
February 26,2020
Page 2 of 2
• A performance guarantee bond of ten thousand dollars ($10,000.00) made out to the Town of
North Andover must be posted to ensure that Plant installation takes place.
• The Applicant will submit a final Replanting Plan to the Planning Department by March 18,2020
for approval.
• All planting must be completed by May 15, 2020.
• All Plan revisions will be reflected on the final As-Built drawings.
• The Staff Planner will visit the site after completion of replating to confirm compliance with the
approved Replanting Plan.
• Any plants,trees, or shrubs that have been incorporated into the Replanting PIan that die or fall
into disrepair must be replaced by the Project Owner in perpetuity.
Zica.Gregoire, Staff Planner
On Behalf of the North Andover Planning Board
Attachments:
Peter F. Ellison,PE,TEC,emailed dated February 3,2020, and letter dated December 13, 2019
Amy Maxner, Conservation Administer, letter dated February 25, 2020