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HomeMy WebLinkAboutDecision - 165 BRIDLE PATH 3/15/2005 f NORTH, Town of North Andover ° Office of the Planning Department Community Development and Services Division ,°�R,..o��'`1gx 400 Osgood Street 4�SaCH North Andover,Massachusetts 01845 hft://www.townoftto dover.com p (978)68M535-_ Town Planner F (978)b88A542>" NOTICE OF DECISION o Any appeal shall be filed within(20)days after the This is to certify that twenty(20)days -0 date of filing this notice in have elapsed from date of decision,filed the office of the Town Clerli without filing of an appeal. Date: March 16,2005 Date Joyce A.l3fadshaw Date of Hearing: March 1,2005 Town Clerk Date of Decision: March 15,2005 Petition of: Gabrielle Schmitt, 165 Bridle Path,North Andover,MA 01845 rn Premises Affected: 165 Bridle Path,North Andover,MA 01845,within the R-1 Zoning District,Assessors Map 104C,Lot 86. Referring to the above petition for a Watershed Special Permit from the requirements of the Nort19- ; _ Andover Zoning Bylaw,Section 4.136(4). `t C U So as to allow: for a small addition of 795 sq. ft. of living space(410 sq. ft. of additional "�c _ impervious surface)to the existing single-family residential home in the Non-Disturbance Zone r cn of the Watershed Protection District. -j After a public hearing given on the above date,the Planning Board voted to APPROVE the Special Permit for the Watershed Protection District,based upon the following conditions: Signed: 1 � Lincoln ale y,To fanner for the North Andover Planning Board: Alberto Angles, Chairman George White,Vice Chairman John Simons Richard Nardella James Phinney, Associate Member cc: applicant engineer ._ AT`1'ESTt abutters A True Copy Town Departments �'- ,® 4 Tl'Town Clerk 165 Bridle Path decision March 15,2005 PIiff&OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �3 165 Bridle Path Watershed Special Permit The Planning Board makes the following findings regarding-the_application of Gabrielle Schmitt, 165 Bridle Path,North Andover, MA 01845,.application dated January 26, 2005, requesting a Watershed Special Permit under Section 4.136(4) of the North Andover Zoning Bylaw to allow for a small addition of 795 s.£ (410 s.£ of additional to impervious surface) to the existing single family residential home in the Non-disturbance Zone of the Watershed Protection District. MDINGS OF FACT: In accordance with 4.136(4) the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board makes the following finds: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality;or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding onthe following facts: a) The existing dwelling-is connected to the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography ofthe site will not be altered-substantially. d) The limit of clearing is restricted to the minimum necessary to construct the proposed addition. e) Certification has been provided by a registered professional engineer that the addition will not have an effect on the quality or quantity ofrunoffented%the watershed protection district. 1) The construction has been reviewed by the Town's Engineer 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 waxer in or entering Lake Cochichewick or any wetlands. 2. There is no reasonable alternative location outside the Non-Disturbance Zone for any discharge, structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw;the Planning Board makes the following FINDINGS: 1. 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; 2. The use will not adversely affect the neighborhood as the lot is located in a residential zone; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5. The existing lot does not meet the minimum lot area requirements for a lot within the R-1 District as shown in Table 2 of the North Andover Zoning By-laws, but per Section 9.1 of the Bylaw, when a pre-existing structure has been made non-conforming due to changes in the lot size required by this bylaw, such structure may be extaxied or altered based on a fording by the Zoning Enforcement Officer that such structure after the change meets all current zoning requirements except for lot size. 6. 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. 165 Bridle Path decision March 15,2005 Page 2 Upon reaching the above findings, the Planning Board approves this Watershed Special Permit based upon the following SPECIAL.CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part ofthis decision: a) Plan titled: Site Plan#165 Bridle Path,North Andover,MASS. Prepared for: Gabrielle Schmitt Prepared by: Andover Consultants Inc. 1 East River place Methuen,MA 08144 Scale: 1"=20' Date: January 26,2005 The Town Planner shall approve any changes made to these.plans. Any 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$1,000.00 dollars in the form of a check made out 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 measures 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 restrictimi,and a copy of the recorded deed shall be submitted to the Town Planner and included in the Bile. 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 plans b) The Planning Board must by a majority vote make a finding that the site is in. conformance with the approvedplan 4) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition#1. 5). No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation 7) The provisions of this conditional approval shall apply to and be,binding upon the applicant, its employees and all successors and assigns in interest or control. 8) This Watershed Special Permit shall be deemed to have lapsed on March 15, 2007 (two years from the date permit granted)unless substantial use or construction has commenced mi/desk"165BridlePAWatmshed 165 Bridle bath decision March 15,2005 Page 3 NORTH Z�,aD Ia Town of North Andover 0� Office of the Planning Department .n Community Development and Services Division �q �gAT90 �5 1600 Osgood Street SSACHUS� North Andover,Massachusetts 01845 To: Kara Secan Re: Restrictions Regarding Pesticides Date: April 15, 2011 Kara, Since your original deed restriction was put in place in 2004, the Planning Board has required applicants to place deed restrictions on their properties as follows: The following uses are prohibited, according to the Zoning Bylaw, Section 4.126.c.iii (4) and (5): 1) The use, or method of application of, any lawn care or garden product(fertilizer, pesticide,herbicide)that may contribute to the degradation of the public water supply. 2) The use of lawn care or garden products that are not organic or slow-release nitrogen. Based on the above, I think the Planning Board would allow the use of organic fertilizers that are slow-release nitrogen and phosphorous free. If you have a'ny questions,please let me know. Judy Tymon, AICP Town Planner L/I JEAN P.ENRIGHT MsN f ry Public Commonwealth Of asachusetts MY Commission Expires V October 6,2017 My Commission Expires Gabrielle Schmitt 165 Bridle Path North Andover,Massachusetts, 01845 DEED RESTRICTION 1. Reference is made to land owned by Gabrielle Schmitt,described as Map 104C,Lot 86 in the Office of the Board of Assessors,Town of North Andover,Massachusetts. 2. Said land("Land"),located at 165 Bridle Path'ip said North Andover,is more particularly described in a deed dated 5 1,2 1 T ,recorded in Essex North District Registry of Deeds at Booka978 ,Page . 3. On March 15,2005,the North Andover Planning Board unanimously approved the Application of Gabrielle Schmitt for a Watershed Special Permit. 4. A copy of the Decision of the North Andover Planning Department is attached hereto. 5. One Page 3 of said decision there are listed conditions to said Watershed Special Peru, identified in said Permit on page 3 thereof as SPECIAL CONDITIONS. One of the SW conditions is set forth under item 2,"Prior to the issuance of a building permit." Sub item c.of item 2,on said page 3 is as follows: ..,.4� ...< "No pesticides,fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed ' restriction and a copy of the recorded deed shall be submitted to the Town c .. Planner and included in the fale." cn 6. The owner of the Land hereby incorporates all references to pesticides, fertilizers or chemicals contained in the approved Watershed Special Permit as a deed restriction to the above-referenced deed. cm 7. The owner and successors in title shall forever adhere to the conditions set forth in the Decision of the North Andover Planning Department,item 2.c.,as filed with said w Planning Board. cry 8: Said condition shall run with the land and may not be waived,altered,or changed in any V respect without the specific prior written consent of the North Andover Planning Board. THIS DEED RESTRICTION IS DATED THIS 16TH OF MAY 2005,BY A DULY AUTHORIZED REPRESENATIVE OF GABRIELLE SCHMITT. GABRIELLE SCHMITT BY: �— 's �✓�, KARA SCHMITT DULY AUTHORIZED REPRESENTATIVE COMMONWEALTH OF MASSACHUSETTS ESSEX,ss. May 16,2005 Then personally appeared the above-named Kara Schmitt,duly authorized representative,and acknowledged this instrument to be free act and deed of Gabrielle Schmitt,before me. Notary Public; Comm. Maria Gerekos Notary Public My Commission Expires April 2,2410 Commonwealth of Massachusetts