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HomeMy WebLinkAboutDecision - 225 BRIDLE PATH 10/6/2003 May 11 04 01 : 17p p• 2 _ Town of Norffi Andover 40� Office of the Planning ent °- Community Development and Services Division ae- r�x 27 Charles Street '� ,;. • North Andover,Massachusetts D1845 TownPlarmer: hm:z(www.townofno and©ver.cann P (978)688-9535 J.Juste Woods iwcxAs@towmofilorthan3dover.com F (975)6$8-9542 TIIJs is to ca y that twenty(2o)days NfVnCE OF DFk' iON hove elapsed f m date of derision,IW without filing of ap eel SENT LISPS VIA CEWME D GRAIL :oycs A.arads'taw O F49MRN RECEIPT REQUESTED Tans C49rk #'1005 1010 CW 1 09819185 225 Bride path. Asmsessors A9ap 104,Lot 84 Special FeriaN-Watenbed Protection DiMict AqOW7 wok 5MI PIMP ISO The Public hearing on the above referenced application was opened and closed by the North Andover Planning Board on September 9, 2003_ Richard Albino, PE, of Hancock Associates, appeared on behalf of the petitioner,Howell Design and Build and owners,Gregory and Jeanne Andrusin. Ou September 9, 2003y Sckwarz m2de,and Phianey a Motion to grout a SPOM Permit to allow for a wmaall addition to the e3is i az kitchen(1'-0".1r!PV)� to add'*a"Eating Area"or*, kitchen with a basenient below(32°0":1614"),to add to the exWing living;rooms(9-VII A2'-II' ,3&d to add a study with basement below and a bathroom above in the Non-Discharge '.one ofthe V6tatp�rs�d � Protection District,under the requirements of Section 4.£36& 1113 of the Nom Andover Toning This Special Permit was requested by the by Howell Design, 44 Beachwood Drive,North Andover, q0. 5. The original application,exckmSgg revised documentafian,as cited bereiR,was filed with The isiamting-Bt di v'1 on submitted on August S, 2003 with subsequent submittals on file. Vie applicant subrnitted a coairaFtf application,which was noticed and reviewed in accordance with-Section 10.52 of the Town of North And — Zoning Bylaw and M4GL Chapter 40A,Section 9.The motion to approve was saNect to the IMERG&_ F FACTS and SPECIAL COND1lT)tONS set forth in Appendix A to this decision. TU ftneing Board voted on the motion by a vote of 5 is favor to e A special permit issued by a special permit grari ing authority requires a vote of at least four mcnsbers of a five:member board See M(GL Chapter 40A, Secticxi 9 and Section 10.3(5)of the Town of North Andover Totting Bylaw. Accordingly,the Application for the Site]Plan Special Permit is approved with the attached cendittion& The appltcant is hereby notified that should the applicant disagree With this decesloum the applicant has a the Fight,under MGL Chapter 40A,Section 17,to appeal to this decision Within twenty days after tite --t date this decision has been filed with the Town Clerk. Respectfully Submitted: c J Woods,Town Planner for the North Andover Planning Board: '= i,..: AlbedoAn lea ChMmum George White,vice Chairman >� Felipe Schwarz,Clerk A'ITh97': _ John Simon r1 True COPY Richard Nardella "•� µ Jaws Phinney,Associate Member Town(Jierk BOARi)0F AQPHALS 6884541 RUIIMM 46&9545 CIONSERVAT:ON6884530 IIEAi,TH 689-9540 PI.ANNM 68&,953.5 Mall 11 04 01 : 17p P. 3 83,8 P G w oil3 AppewlixA Ln scowdance e4itli 4.133 ffie Planning Bond makes the $duo the ink= of the Bylaw,as well as its specific are met. Sp�cif a&y the Plannin 'Board makw ft"awiag nWINGS O)F FACT: I. That as a rem of the C04m=CD ml%other uses nearby,there will not be any *Mew degradation of the finality or qu"- t-yr of water in or`entering lake Coddchewkk. The Planning Board bases this finding on the fallowing fact; a) 7h--a&ft dwelling is Connected to to Town b) A deed 'on will be pbred linuting the types of ferfilims that can be used on tae site. C) ?tae IUPOW8PhY Of the rifle will not be altered stfttanfially. �) The limit ofdearing is resticted.to die minimum moessary to MIStw the a Y and two stall e) Cettiftcatim has been pvvided by a registereJproftsional mgmeer dug the addition will not have an of a on the quality or quantity ofnmoff enwring the watershed pirowfion district. f) The construcum bus been revievmd by the town's awm&wVneering eonsuhng,VHB, and with the application of the erosion control and use of orgWci low nitrog fm Miens them will be no degradefim to the quality or quanity of water in UF e0tffiAg L81M C0d&lWWi&'(r any wetlands. 2 7hcre is no reasonable alternom jocaacm outgde the Xo,,DvwharV &X&r Zx= for any structwe or activity. , In With Section 10.31 of the-Waffi Andawr Zmmg BYIHw,the PW=ng Beard nW=the following 7S ELF P'.A.m 1. The specific site is an qvrogwkite location fear the proposed m as all kesMe,sta m wata and eriodon 0ontroLs leave been phcedon&a dw, 2_ 'k use wt2_l not advMsdY afii vt the Dekhbmtood as the lot is located-in a residential acne; 3. There will be no nuisance or serious ha ram to ve}titles or pedestriarL% 4- A and apixopiate am provided for the PWW Wccafiw afthe paposod us,— 5- The c dsft lot does not meet the minimum lot area reqWrem&ds for a lot withb,then_I Distria as shown in Table 2 of the Nash Andover.Zoning By-laws, but per Section 9.1 of Ihe Bybw, whm to strumm has bow made g dLw 10. in dw kt,sw by thn ., gach sMmtm may be enemW or altered basW en a finding by the Officer that soh Anxtm aft the cltartge meets aL ewer zoning requrmelft=ept for lot size. 6. 'the Planning Board also makes a specific fording thar the use is in haimlogy WI&ft general pupow and intend Otto North Andover Bylaw. Upon reaching the above findiW,, the Planning Board approves this Special Pm=t based upon the,following SPWAL COMMON& 1) This decision must be filed with the North lea Registry ofDoods. The following info=jation is included as part of this decision: a) Plan titled: Penwt SitePlan 225 Briffle Rmh Fr+epare d fin: Howell Desigp abd Build Prepared by: k 23S Mewfxwy gt.e'-r Danvers,MA 01923 Scale: 1"=20' Date: July 31,2003 and last revised SoptenaEs�5,2003 ........ BOARD OF APPEALS 0&"4r BMDD4 ,688-9545 00.NSM ATIONM"536 V,.ALTH 6tt&9569 t'LAMgMG689-9535 May 11 04 01 : 17p p• 4 BK 8328 G 229 22�Belize ftth Watenhad)Protection DiArict September 11,2003 Page 3 of 3 b) Tine Town Planner shad approve any changes made to thew plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to inuxacE of a building permit: a) A performance guatatttce of tbree thousand($3PO)dollars in the form of a check made out to the Town of North Andover mast be posted to insure t13at zonstroction will take place in accocdanee with the ;Hans and the conditions of this decision and to ensure tint t w as-built plaits will be submitted_ b) All erosion coedrol tneMna es as shown on the p&anmtest be in place and mviewedby the Town Planner. c) No pesticides,fettilimrs or chemicals shalt be used in lawn care or tail. The applicant sban incorporate this condition as a deed reatrw i m and a copy of the recorded deed shalt-tae subnaritteei to the Tow®Phwaer and imcha&d1n the Me. 3) Prior to release of the Performasce Bold: a) The applicant shall submit an as-built plan stamped by a Reed Profassiontal Engineer in Massw1mbeffs that slaws all construction,mchtding storm water mifWom_ttenches and outer pamnent site features. "Mis as-built plan shall be submitted to the Town Planer 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 Plarmin p&Board must by a majority vote make a finding that the site is in conformance with the approved plate 4) to no instance shall the applican es proposed construction be allowed to fiudxx impact the site other than as proposed on the plan referenced in Condition if 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 comn=cing excavation. 7) 'Ile provisions of this conditional approval shall apply to and be binding upon the applican,it's employees and all successors and assilpis in interest or eomro'L 8) This permit shell be deemed to have Iapsed after a two-(2)year period from the date September 10,2003 on which the Special Permit was issued,unless substantial use or construction has conmaenc d. cc. Conservation Adntinistrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File BOARD OF APP WS 688-9541 BIM-DWY 688-9545 CONSERVATION 688-9530 MiALTH 688-9540 PLANNING 688,9535 1 Mai 11 04 01 : 17p p•5 Oct 06 Oq 10:26a [979] 959-9 441 P• 2 1 Covenant C,regory and jeanne Andrusin,residents.of 225 Bridle,P ,North Andover, busett$,being s as##225 on a plan of land edti tee"Pezmit Site flan 225 Bridle 1?a%lx"mated july 31,2-003 and lust r - ec her S. .2003 and recoF&d in the Essex North District Registry of Deeds,haeby makes and fteclares said parcel to be subject to the following restrictive covenant.: "No Pesticides, lizers,or chemicals shall le,used in lawn care or maintenance.- The foregomg restriction is pursuant to, decision of the North Andover Planning Board which on Sgpteiinber�q 2033, t�a social per mrt as to said parcel, and shall nm with said parcel and shall.be anforceable-against Grantor aW its suc,ce-sms and assigns,in perpetuity. Notwithstanding the foregoing,Grantor shall not be liable for change or violation of said re's boar resulting from causes beyond is control,includbW,but not 1' to fire,flood,stonn,earth moor t,area am caul by trespass on said parcel not contributed)to by acts or ornmissions by Gr'ardor,or from any prudent action taken by Crrantor-under emergency conditions to Wevent,abate or mitigate injury to the parcel resulting from such causes. No documentary stamps are required by this restrictive cove►tattt.For title referencc see Book#5773 and Page# 190 recorded with Essex North District Registry:Off Deeds on June 9,2400. " This notice of Deed Restriction shall become a feadve,upon its recordation-with ::: La the Essex North District Registry of Witness the execdti6n hereof uo&r this seal this 13. day of October,2043. Ovw er- n 9,_, �r NJ a nne A `� COAMONWEALTIR OF MA��CH!7- ESSEX,SS r 00 3 �1 boy � A ';hex personally appeared the above-named L_L_�' mm 4 e,„r the foregoing instrument to Eme tac►c LMe a��. ...�/.�-. 6 otuy ic, My Commission Expires: agsoph Axelr bd61 Y rPUBL1C d