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Home My WebLink About1986-08-18 Decision DEF SUB MUM MH " WN Or NORTH ANDOV �iIl1! L1 =,�{�' I�WIA Ci.,��.,'NP, MASSACHUSI; TTS p#q;iFfhdilYlR „ORI . Auc 19 1 W66 y i y y Y �SS1ICNUSE{ NOTICE OF DECISION Date. . . August .18: , 1,986 . . . . . . . . Date of Hearing . .May. .1,21 • 1.M6 Petition of . , . , Robert: Haverty: Ridcjewood Builders . , . . , , . . . , . . . . . . . Premises affected . . . . . . . 121, ,Salem .Street: . . Referring to' the above petition for a special permit from the requirements of the . . . . .�oction,•4,.,133,, Paragraph„(d1„af, the. Zoning, By1aw. . . . . . . . so as to permit the ,constr4q�ion -of, the, roadway, and, two . (2). . . . . . . . . . , feet; ,of, a .tributary, to ,Lake ,Cochichewick; , , , , ' After a public hearing given on the above date, the Planning,Board voted ` conditionally to approve the Special Permit; s jlf based upon the following conditions: Signed -Chairman MITI .Lr. Sa;m4 PA . .C�erg . . . . . . John q Burke Paul. A. Hedstrom . . . , . . • • .$lunni�g � Board Any a 7peal shall be"filed MUM fflfl P,Ir C cllh 11 , within (20) days aftO r the '° ' k � TOWN OF NORTH ANDOV OW",Y l -M\ date of filing of this 120 Main Street �f1 1E 4.'A3OVER in the Office of ths'r North. Andover, MA. 018�� CIO& 685-4775 ,�ORTp Of r .o r1+ �1SS^CHo August 18, 1986 Mr . Daniel Long, Town Clerk P Town Hall North Andover , MA 01845 RE: HERITAGE ESTATES SPECIAL PERMIT 121 SALEM STREET Dear Mr . Long: The North Andover Planning Board opened a public hearing upon the application of ROBERT HAVERTY, RIDGE WOOD BUILDERS on Monday evening, May 12, 1986 in the Town Office Meeting Room. The hearing Was advertised in the North Andover Citizen on April 28 and May 5, 1986 . The following members were present at the May 12, 1986 meeting: Michael Roberts , Erich Nitzsche , John Simons , and John. Burke. The petitioner seeks a Special Permit to permit the construction of the roadway and two` ( 2) dwellings within 100 feet of a tributary to Lake Cochichewick (Watershed District ) in accordance with the plan of land entitled Heritage Estates dated January 1986 -. under Section `4. 133, Paragraph (d) of . the North Andover Zoning Bylaw . Land is located on the southwest side of Salem Street , and known as -Heritage Estates, 121 Salem Street . and both in Residential-3 and Watershed Zoning District . At the hearing the following discussion took place : RECEIVED ` John Si � It d the legal notice and opened the public hearing . ,�,� I ;�,',�p m the Conservation Commission, Board of Health and Tree W 444 .dread into the record. Mr . Steve Stapinski, Merrimac En� in gerin t represented the applicant and made the followin)IlCcb mer[t3 . Special Permit application is to perform work within 1^0 feet of a tributary to the Watershed Lake Coehichewick . The applicants have filed with the NACC . The project , involves construction of a roadway to service single family dwellings . It will be serviced by town water and sewer . There will be storm drainage on the street to pick up surface runoff and will empty into a detention area located on lots 12 and 13 and then discharge into a wetland and pond which is across the street. The applicant received an order of conditions from the NACC . They are ' also providing wetland replication and an erosion control plan. Member Roberts and Simons stated serveral concerns regarding this Special Permit and whether it would have adverse affects on the neighborhood and the town, i .e. , water quality due to pollutants eventually draining into the wetland tributary. Mr . Stapinski will provide the Planning Board with a water quality report at a later date. The following list of materials have been submitted for review in consideration of the Special Permit request : - Plan dated January 1986 by Merrimack Engineering Services for Ridgewaood Builders sheets 1 through 4. - orders of Conditions from NACC to Ridgewood Builders dated April 28, 1986 DEQE file # 242-320 revised. - Water Quality Report by Normandeau Associates , Inc. dated July 1986 . The following members were present and voting at the August 18 , 1986 meeting : Erich W. Nitzsche, Chairman; Michael P . Roberts , Vice,-Chairman, John J . Burke, John L . Simons and Paul A. Hedstrom. Upon a motion made by John J. Burke and seconded by Paul A. Hedstrom, the planning Board voted unanimously to conditionally grant the Speccal Permit request as shown on plan dated January 1986 prepared by Merrimack Engineering for Ridgewood Builders subject to the following : 1 . Prior to any construction activity at the site, the applicant shall submit for review and approvval a plan designed to mitigate the amount of phosphates from entering the wetland tributary. 2 . Due to the steep slopes on site and proximity of wetland tributary, an arborist or botanist to be approved by the Planning Board, shall be retained at the expense of the applicant as a consultant and submit bi-monthly reports to the Planning Board on erosion control maintenance program, slope stabilization, wetland revegetati.on and overall status of development. 5 3 . A phased development program shall be in effect during construction to be as follows : I o EREOEl t,F.) - No lotsTb1Y#Z- r)p;p exposed, except for drainage purposes, until IOWI-b.&i aar—Rcoat is applied and detention/retention areas are completely constructed and stabilized. - EverAIlGqe4 1p1' s 611be released for construction on one side of the road. When completely stabilized, the alternate lots on the opposite side of the road nay be released . This release structuring shall be implemented to prevent sedimentation and erosion. 4. $50, 000 in erosion control security shall be retained to ensure the Town that the erosion control program is effective as determined by the Planning Board . The Board shall retain the authority to enforce the bond if precautionary measures are determined inefficient . 5 . Provide the Planning Board with a written list of ALL contractors and builders involved during all phases of construction. 6. Decision to be recorded in the Registry of Deeds and original forwarded to the Board. 7. The applicant shall comply with the NACC orders of conditions as set forth in DEQE file # 242-320 revised, and the Tree Departments letter dated April 12, 1985 . 8. A certified Letter from a RLS and PE shall be submitted verifying that all work is in compliance with the plan . At that time a site visit shall be made by the Planning Board or designee prior to release of funds . 9 . The applicant shall incorporate a supplemental Covenant. on the lots to restrict each homeowner from applying soluble fertilizers . To be reviewed and approved by the Planning Board and Town Counsel . t 10. Due to the pending litigation and Lake Cochichewick Land Management Report , the Planning Board reserves the right to periodically review, on a 90 day basis , the approved Special Permit . Based on new data: or information derived from the above, the . Planning Board shall retain the ability to reopen this Special Permit . 11 . No activity shall take place until ALL litigation has been resolved. in granting this Speccal Permit , the Board finds pursuant to Section 10 . 31 - Conditions for Approval, that the following conditions are met : - The spQcific site lis an appropriate location for the roadway and dwellings . Th.e plan provides the necessary structures to prevent erosion an'd sedimentation into the wetlands . - In compliance with the plans the use will not adversely affect the neighborhood. -- There will be no nuisance or serious hazard to vehicles or pedestrians with the apporval of this Permit . }. - Adequate and Qte facilities will be provided, public water and Eg ')j rfo� the proper operation of the site for future resi � ;it)Vf - Based on it visits, Rpublic hearing process , and review by town boar ,r9thq ction activity is considered to be in harmony with the ge�r�l purpose and intent of the zoning Bylaw. Sincerely, FOR THE PLANNING BOARD rich W. Nitzsc Chairman EN/kn cc; Fire Chief Highway Public Works NACC Police Chief Health Building Applicant Engineer File Interested Parties