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HomeMy WebLinkAboutDecision - 195 BRIDLE PATH 3/2/2010 ORTH Town of Nor th Andover fib, Office of the Planning Department Community Development and Services DivisAV MIT -3 PI' 3: 2Q ri r.D c14U 1600 Osgood Street North Andover,Massachusetts 01845 V,Irl R T P, 7 NOTICE OF DECISION-DRAFT M A S S A 0 H Bldg, ZBA Any appeal shall be filed This Is to certify that twenty(20)days con/com Health have elapsed from date of decision,filed Fire Chief Police Chief within (20) days after the without filing of an appeal. Chief 114, Town Clerki_/ Date 91 aoll) DPW/Engineers date of filing this notice in AM A,grddihaw Surrounding Towns Planning the office of the Town Clerk. Town Ole* Date: March 2, 2010 Date of Hearings: February 16, 2010 and March 2,2010 Date"of Decision: March 2, 2010 Petition of: Robert Ercolini,195 Bridle Path.North Andover,Massachusetts, 01845 Premises Affected: 195 Bridle Path,North Andover,Massachusetts,01845, Assessor's Map 104C, Parcel 14 and located in the Residential 1 Zoning t,g Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow the construction of 2,083 sq. ft- of expansion, including" a 2 story addition, a new deck and new brick patio, and new stormwater management systems within the Non-Disturbance Zone of the Watershed Protection Distiietand related gradin-o,and landscape work within 100 feet of a wetland resource area, within the Non-Disturbance of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District,based upon the following conditions: �tlanning Board V Richard Rowen Timothy Seibert Michael Walsh Michael Colantoni cc: Town Departments Applicant Engineer Abutters TT '; T; A True_Npy- ow)i nei 195 Bridle Path Map 104C, Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 Assessor The public hearing on the above referenced application was opened on February 16, 2010 closed by the North Andover Plamling Board on March 2, 2010. On March 2, 2010, upon a motion made by Michael Walsh and seconded by Richard Rowen the Planning Board voted 4 — 0 (Courtney LaVolpicelo absent and John Simons abstaining) to GRANT a Watershed Special Permit to construct a 2,083 sq. ft. of expansion, including a 2 story addition, a new deck and new brick patio, and new stormwater management systems, and related grading and landscape work within the Non-Disturbance of the Watershed Protection District under the requirements of Section 4.136.c.ii.6 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Robert Ercolini 195 Bridle Path, North Andover, MA 01845 on January 19, 2010. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve/deny was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board vote was unanimous. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 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 on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to a wetland resource area that drains to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. b) The construction has been reviewed by Town Staff who have concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to an addition to a single-family dwelling: i) Roof runoff is routed to infiltration areas. The new structure calls for recharging 617 s.f. of new roof area. The new structure will have gutters and roof drains that will direct runoff two underground cisterns that have been located at a distance away from the dwelling unit so as to not overflow into the residence. ii) The new addition and the new patio area have caused an increase in impervious area. However, due to the roof infiltration and the infiltration of the patio based on the proposed 2 195 Bridle Path Map 104C, Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 design and the removal of part of the existing brick walkway, there will be a reduction in runoff fi•om the site. iii) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. c) The existing structure is connected to the Town sewer and water systems. d) The topography of the site will not be altered substantially. Overland flow will help reduce nutrient loading into the adjacent wetlands,since the lot is sloped to drain towards the driveways. e) Erosion control, including siltation fencing and hale bales, will be installed prior to construction and will remain in place throughout construction. The location of these controls is noted on the plan. f) The new patio will be constructed with either brick or stone pavers, with a sub-base consisting of 4" of coarse compacted sand,filter fabric and 12"of crushed stone,to allow for maximum infiltration. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge, structure or activity. 3) In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 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 1 Zoning District; 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 conform to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws and is grandfathered as a lot that existed prior to the change in lot size for this Zoning District.. 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. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: a) The"Locus"refers to the 1.37 acre parcel of land with frontage on Bridle Path as shown on Assessors Map 104C, Parcel 14, and also known as 195 Bridle Path, North Andover, Massachusetts. b) The"Plans" refer to the plans prepared by Merrimack Engineering Services, dated February 16, 2005 and revised to X, 2010, entitled "Site Development Plan of Land, located in North Andover, North Andover, MA. prepared for Robert Ercolini". 3 195 Bridle Path Map 104C, Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 c) The"Project" or"195 Bridle Path" refers to a 2,083 sq. ft. expansion, including a 2 story addition, a new deck and new brick patio, and new stormwater management systems, and related grading and landscape work within the Non-Disturbance of the Watershed Protection District d) The"Applicant" refers to Robert Ercolini, the applicant for the Special Permit. e) The"Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) 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. 3) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. 4) Prior to issuance of a building permit: a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction,erosion control, measures, and performance of any other condition contained herein 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 and Conservation Department. c) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous- free. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 4) 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. 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, it's employees and all successors and assigns in interest or control. 8) This Special Permit approval shall be deemed to have lapsed March 2, 2012 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless 4 195 Bridle Path Map 1040 Parcel 1.1 'Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plan of Land 195 Bridle Path,North Andover,Mass. Prepared for: Robert Ercolini 195 Bridle Path North Andover, MA 01845 Prepared by: Merrimack Engineering Services 66 Park Street Andover MA 0 18 10 Scale: l"=205 Date: February 16, 2005 and revised January 30. 2010, X. Sheets: 1 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File --r C) 7 cs� r'v _ 5