HomeMy WebLinkAboutDecision - 257 BRIDLE PATH 6/6/2001 "°;T
Town of North Andover
Office of the Planning Department
Community Development and Services Division
27 Charles Street °•,;�'�'�• ` '
North Andover,Massachusetts 01845
Heidi Griffin Telephone(978)688-9535
Planning Director Fax(978)688-9542
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Notice Of Decision °— A
Any appeal shall be filed °
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Within (20) days after the z =gy
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Date of filing this Notice Cr o^moo
In the Office of the Town 'p Cn
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Clerk
Date: June 6,2001 Cr
Date of Hearing: April 17,2001 &
June 5,2001
Petition of: David and Margaret Kealler 257 Bridle Path,North Andover,MA 01845
Premises Affected: 257 Bridle Path North Andover,MA 01845
Referring to the above 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 31' deck and a 1,126 square foot addition to the
first floor of the existing.dwelling;and the razing of an existing shed within the Non-Disturbance
Zone of the Watershed Protection District
After a public hearing given on the above date,the PIanning Board voted to APPROVE,
the Special Permit for Watershed Protection District,based upon the following conditions:
Signed:
Alison Lescarbeau,Chairman
Cc•. Applicant John Simons,Vice Chairman
Engineer Alberto Angles,Clerk
Abutters Richard Rowen
DPW Richard Nardella
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BUILDING 688 9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
257 Bridle Path
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of David and
Margaret Kealler, 257 Bridle Path, North Andover, MA, 01845, submitted on March 16,
2001, requesting a Special Permit under Section,4.136 of the Zoning By-Law to allow the
construction of a.16' x 31' deck and a 1,126 square foot addition to the first floor of the
existing dwelling; and the razing of an existing shed within the Nor-Disturbance 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 specific criteria,are met. Specifically the.Planning Board fords:
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 existing.dwelling is NOT connected to the Town sewer system;however, as
part of this proposal the,municipal will be connected to the town sewer system
prior to the issuance of any building permits.
b) A deed restriction will be placed limiting 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 deck;
e) Certification has been .provided:by a registered professional engineer that the
histallation of the deck will not have an effect on the quality or quantity of runoff
entering the watershed protection district.
f) The constriction of the deck and the addition has been reviewed by the town's
outside engineering consultant, VHB, and with the application of the erosion
control, use of organic_low nitrogen*AUker% and connection of the dwelling to
the municipal sewer, there will be no degradation to the quality of quanity of
water in or entering Lake.Cochicbewick
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-
Discharge.Zone.
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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;
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: Watershed Special Permit Plan
257 Bridle Path
North Andover,MA
Prepared by: New England Engineering Services
60 Beachwood Drive
North Andover,MA 01845
Scale: 1 =20'
Date: March 15, 2001,revised April 19,2001,May 9, 2001,May 25, 2001
&June 4,2001
b) 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 one thousand ($1000) dollars in the form of a check
made out to the Town of North Andover must be posted to insure that construction
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will take place in accordance with the plans and the conditions of this decision and
to ensure that thews-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, frtilizers 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.
d) The septic system must be abandoned and connection of the dwelling to the
municipal sewer must occur.
e) The Board of Health must inspect the site to ascertain all contaminated soil has
been removed from the site.
3) Prior to release of the Performance Bond:
a) The applicant shall subtnit 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-Milt 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,
4) 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. .
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 permit shall be deemed to.have lapsed.after a two- (2) year period from the date
June 6, 2003 on which the Special Permit was granted unless substantial use or
construction has commenced.
CC. Applicant
Engineer
File
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