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HomeMy WebLinkAboutDecision - 705 BRADFORD STREET 10/22/1998 Town of North Andover Ot NORTM OFFICE OF �� a 4t10 , .eyoOL COMMUNITY DEVELOPMENT AND SERVICES t - 30 School Street WILLIAM J. SCOTT North Andover, Massachusetts 01845 SACHUSE��y Director NOTICE OF DECISION Any appeal shall be filled �"!"-'3!ocertii'< that °� o r;,.,Sod rtty(� ��at� o within (20) days after the �. -..S..dfrcm date afdgCiSigr);ited c;tt ;:g of � date of filling this Notice C� o M�E�1� �»� =ern,-, in the Office of the Town Clerk. TownCtetk 47q Date October 22, 1998 = Date of Hearing October 6, 1998Q October 20, 1998 Petition of Robert A. Brown C.: Qc 01 Premises affected Bradford Street FA C4 Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136 3b&c so as to allow to construct a single family dwelling on approximatley 5.66 acres of land located on Bradford Street in North Andover. Property is located in the Watershed District of North Andover. After a public hearing given on the above date, the Planning Board voted to APPROVE the Watershed special permit based upon the following conditions: Signed CC: Director of Public Works Richard S.Rowen, Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney A Towns Outside Consultant A True Copy File Planning Board Interested Parties CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 y *BUILDING OFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • "146 MAIN STREET Town of North Andover f NORTk --- OFFICE OF �?o°`"•o ,6•A, COMMUNITY DEVELOPMENT AND SERVICES p � Y 27 Charles Street * °9 North Andover, Massachusetts 01845 WII.,LIAM J.SCOTT SSACHUS�� Director (978)688-9531 Fax(978)688-9542 October 22, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit-Bradford Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening October 6, 1998 at 7:30 p.m. in the Senior Center, upon the application of Robert A. Brown, 242 Andover Street, Andover, MA 01810 requesting a special permit under Section 4.136 3 b & c, watershed protection district of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on September 16 & September 23, 1998 and all parties of interest were duly notified. The following members were present: Richard Rowen, Chairman, John Simon, Clerk, Joseph V. Mahoney, and Alberto Angles, Associate Member. The petitioner was requesting a special permit to obtain approval to construct a single family dwelling on approximately 5.66 acres of land located on Bradford Street in North Andover. The premises affected in the Residential - 1 (R-1) Zoning District and the Watershed Protection District. Dom Scalise was present to represent Bradford Street. Mr. Mahoney stated that he has potential conflict and asked Mr. Brown if he would like him to excuse himself out of the Public Hearing. Mr. Brown stated that he did not mind if he stayed. Mr. Scalise stated that this is a one lot parcel that consists of 5.6 acres. Mr. Scalise stated that they have had a number of meetings with the Town and this plan before the Board is the end result. Mr. Scalise stated that they have also brought a botanist if the Board had any questions. Ms. Colwell stated that there are a couple of comments from John Chessia. Mr. Rowen asked if they have met all the requirements for a complete submittal. Ms. Colwell stated that they did and that this project has had a lot of staff review. Mr. Rowen asked if the lot next to it going to tie into the forced main. Jeannette Heinze stated that everyone is on sewer there, they are just adding Mr. Brown's property. Ms. Colwell stated that Mr. Chessia's comments need to be addressed. Ms. Heinze stated that she never received a copy of Mr. Chessia's letter. Ms. Colwell stated that they did a good job and spent a BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 significant amount of time with them. Ms. Colwell stated that we did have an incomplete file and then they re-submitted and this is a complete file. Mr. Rowen questioned the trenches on each side of the driveway. Jim O'Day stated that they should hold up to a 100 year flood and after 24 hours it will infiltrate into the soil. Mr. O'Day went over the plans with the Board. Ms. Colwell stated that she would like to keep the Public Hearing open until the next meeting so they can address Mr. Chessia's comments. Ms. Colwell stated that she will have a draft decision for the next meeting. Continued until October 20, 1998. The North Andover Planning Board held a regular meeting on October 20, 1998. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph V. Mahoney & Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also present. Ms. Colwell stated that she received a fax from John Chessia stating that everything was all set. Ms. Colwell stated that this project shows that it is feasible and acceptable to do one lot on 5 acres. Ms. Colwell stated that there were a couple of drainage issues from the last meeting that have been addressed. The Board went over the draft decision. Mr. Simons questioned the limit of clearing . Ms. Colwell stated that she brought that up at the last meeting and none of the Board members seem to have any concerns. On a motion by Mr. Angles, seconded by Mr. Mahoney, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Angles, seconded by Mr. Mahoney, the Board voted 4-2 to approve the watershed special permit known as Bradford Street. Mr. Angles voted as an Associate member because there was an insufficient number of regular Planning Board members to vote on this application. Mr. Nardella and Ms. Lescarbeau abstained because they were not at the last meeting. Attached are the conditions. Sincerely, Richard S. Rowen, Chairman North Andover Planning Board Bradford Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Robert A. Brown, 242 Andover Street, Andover, MA 01810, dated September 8, 1998, requesting a Special Permit under Section 4.136 of the Zoning by-law to allow grading and vegetation removal within the Non- Disturbance Zone and surface and sub-surface discharge of storm water within the Non-Discharge Zone of the Watershed Protection in conjunction with the construction of a single family home and driveway. FINDINGS 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 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 its findings on the following facts: a) The proposed dwelling will be connected to the Town sewer system; b) A post and rail fence will be installed along the limit lawn which is 60' from the edge of the wetland resource are at its closest point. No disturbance of the natural vegetation will occur within 60' of the edge of the wetland resource area. C) A 1000 SF leach bed for the roof drains and approximately 520 feet of leaching trench along both sides of the driveway will be constructed to accommodate the storm water run off from the site. d) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the site. 2. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed project as the access to the lot is located within the Non-Discharge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: A. 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; 1 B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities are provided for the proper operation of the proposed use; E. 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 conditions: SPECIAL CONDITIONS: 1. 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: Plan of Land Location North Andover,MA Prepared for: Robert A.Brown Prepared by: Coastal Survey 130 Centre St Danvers,MA Scale: 1"=40' Date: July 27, 1998,rev. 10/13/98 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. 1) Prior to any work on site: a) A performance guarantee of two thousand ($2,000) 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) The final plans must be reviewed and approved by the Town's engineering consultant to confirm that cellar floor elevation and foundation drain elevation are above the ground water elevation of 163.75. b) The limit of work as shown on the plan must be marked in the field with yellow 2 caution tape and must be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. 1. Foundation Plan: Immediately upon completion of the dwelling foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas as shown on the approved Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 2. Prior to release of the Performance Bond: a) No pesticides, fertilizers, or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Planning Board and included in the file. b) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including sewer lines, 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. C) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 2. In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition# 1. 3. No vegetation removal or grade changes may occur between the edge of the wetland resource area and the wood rail fence as shown on the approved plan. 4. No open burning shall be done except as is permitted during burning season under the Fire 3 Department regulations. 5. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 6. 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. 7. This permit shall be deemed to have lapsed after a two- (2) year period from the date 10 J.Q1.zrn on which the Special Permit was granted unless substantial use or construction as ommenced. CC. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File Bradford St -Watershed 4