HomeMy WebLinkAboutDecision - 25 CARRIAGE CHASE ROAD 5/10/2001 Town of North Andover NORTH
Office of the Planning Department 32 d�.d
Community Development and Services Division
27 Charles Street +
North Andover,Massachusetts 01845 �4SSACHUS
Heidi Griffin Telephone (978)688-9535
Planning Director Fax(978)688-9542
N
O
Notice Of Decision CD
Any appeal shall be filed
Within (20) days after the o
Date of filing th.6-Notice CD -- <
In the Office of the Town c° ° ,
Clerk iv >
Date: May 10, 2001 `O
Date of Hearin: April 17,2001 &
May 1, 2001
Petition of: 14micock Building Associates, 248 Mill Road Chelmsford, MA 01823
Premises Affected: '25 Carriage Chase Road,North Andover, MA 01845
Referring to theabove petition for a special.permit from the requirements of the North
Andover Zoning Bylaw Section 4.136.
So as to allow: the construction of a 16' x 22' deck within the Non-Disturbance Zone of
the Watershed Protection District.
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit for Watershed Protection District, based upon the following conditions:
Signed: Gt�vrc
Alison Lescarbeau, Chairman
Cc: Applicant John Simons, Vice Chairman
Engineer Alberto Angles, Clerk
Abutters Richard Rowen
DPW Richard Nardella
Building Depa"ent
Conservation Department_
Health Department
ZBA
BOARD OF APPEALS 688-9541 BLTILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
25 Carriage Chqse Road
Special Permit Watershed Protection District
The Planning Board makes the following findings regarding the application of Hancock
Building Associates,. 248 Mill Road, Chelmsford, MA 0.1.823, submitted on March.L5,
2001, requesting-a-Special Per under Section 4.136 of the Zoning By-Law-to allow the
construction of a 16' x 22' deck within the NoTDisturbance Zone of the Watershed
Protection District.
FINDINGS OF FACT:
In accordance with 4.133 the Planning Board makes the finding that the.intent of the Bylaw,
as well as its speyific 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
j entering Lake Cochichewick. The Planning .Board bases .its findings on the
following facts,
I
a) The existing dwelling is connected to the Town sewer system and the proposed
deck have no impact on the sewer system itself;
b) A deed restriction will be placed ifi icing the types of fertilizers that can be used
on the site.
c) The topography of the site will not be altered substantially.
d) The limit of-clearing is .restricted to the minimum necessary to construct the
proposed desk;
e) Certification has been provided by a registered professional engineer that the
installation of,the deck will not have an effect on the quality or quantity of runoff
entering the watershed protection district.
f) The construction of the deck will not result in the use of yard being increased,
and the impervious surface of the lot will not increase. Furthermore, the
limited amount of excavation required to install the sono tubes for the deck will
not pgse an erosion hazard.
2. There is no reasonable alternative location outside the Non Disturbance Buffer Zone
for any discharge, structure or activity, associated with the proposed project as
almost the Entire lot is located within. the Non-Disturbance Zone and the Non-
Discharp Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board
makes the following findings:
I
I
a) The specific site is an appropriate location for the proposed use as all feasible
storm water pnd erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the lot is located in a
residential zone;
j c) There will no nuisance or serious hazard to vehicles or pedestrians;
j 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 g�neral 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: Site Development Plan
25 Carriage Chase Road
North Andover,MA
Prepared by: New England Engineering Services
60 Beechwood-Drive
North Andover,MA 01845
Scale: 1"t 20'
Date: March 8,2001,revised April 16,2001
b) The Town P%inner 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 *uance of a building permit:
a) A performance guarantee of five hundred ($500) 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 iu.accordance with.the.plans-and..the..conditions.of.this..decision..and
to ensure that the as-built Plans will be submitted.
i
{
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 restriction, a copy of
the deed shall be submitted to the Town Planner and included in the file.
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 pla}i.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
4) In no instance shall the applicant's proposed construction be allowed to further impact
the site than�s 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,it's employees and all successors and assigns in interest or control.
S)_ This -permit-shall be deemed to have lapsed after a two- (2) year period from the date
May 10, 2003 on which the Special Permit was granted unless substantial use or
construction has commenced.
CC. Applicant_
Engineer
File