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HomeMy WebLinkAboutDecision - 357 DALE STREET 12/10/2007 Pk 1I CA 6 x' P:g278 X3351 COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE GRANTOR GRANTEE ADDRESS OF PROPERTY CITY/TOWN TYPE OF DOCUMENT AMC ASSIGNMENT TYPE DEED 6D MORTGAGE NOTICE TYPE DISCHARGE SUBORDINATION AFFI.DAVIT CERT TYPE DEC OF HOMESTEAD UCC TYPE DEC OF TRUST OTHER DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com p NORTH t Town of North Andover 4Tad is 'Np . �p Office of the Planning Department Community Development and Services Pi-Y -Wl D Osgood Landing 1600 Osgood Streetb Building#20,Suite 2-36 Q(' Lincoln Daley North Andover, Massachusetts 01845 Town Planner I P (978)688-9535 Y,.,..f F(978)688-9542 This is to certify that twenty(20)days have elapsed from date of decision,filed NOTICE OF DECISION without filiDgate an p . fig./a,aadv�' Joyce A,Bradshaw Town Clerk Any appeal shall be filed within (20) days after the date of filing this Notice in the office of the Town Date: December 10, 2007 Clerk. Date of Hearings: November 20 &December 4 2007 Date of Decision: December 4, 2007 Petition o£ Fred McCarthy, 357 Dale Street,North Andover, MA 01845 Prellllses A.ilected. 357 Dale Street, North Andover, MA 171045,Assessors Map 64, Parcel 24 within the Residential 1 Zoning District. Referring to the above petition with provision of M.G.L., Chapter 40A, Section 10 & Section 4.136 of the Zoning Bylaw for a Watershed Special Permit so as to allow: to raze the existing single-family residence and construct a new 2, 035 s.f. single-family residence, remove portion of impervious driveway, and associated grading work and drainage/storm water management improvements within the 100' Non-disturbance Buffer Zone of the Watershed Protection District. At a public hearing given on the above date for a Watershed Special Permit for 357 Dale Street, Lot 64, Parcel 24, the Board voted unanimously in favor based on the following conditions: Signed: XY 0 6.A Richard Nardel a, Chairman ATTEST! John Simons, Vice Chairman A "Prue Copy Alberto Angles, Chair . 6' `d4 Richard Rowen, regular member Town Clerk Jennifer Kusek, regular member Timothy Seibert;alternate member cc: file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 The public hearing on the above referenced application was opened November 20, 2007 and closed by the North Andover Planning Board on December 4, 2007. Benjamin OsgooINJAi'f.-3eT ngla1cl Engineering Services, Inc. was present and represented the applicant. On December 4, 2007,upon a motion made by Richard Nardella and 2nd b ,Wh rto Angles,the Planning Board voted to GRANT a Watershed Special Permit to raze the existing",siagie4dtrr ly residence and construct a new 2,035 s.f. single-family residence, remove portion of impervious driveway, and associated grading work and drainage/storm water management improvements within the 100' Non- Disturbance Buffer Zone of the Watershed Protection District,under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Frederick J. McCarthy, 357 Dale Street,North Andover,MA 01 845 on October 19, 2007. 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 was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a unanimous vote of 6-0. 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 proposed structure will be connected to Town sewer. B) The topography of the site will not be altered substantially. C) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed single-family residence as shown on the plan; and D) A deed restriction will be placed restricting the types of chemicals(fertilizers,pesticides,herbicides, salts)that can be used on site. E) The project as proposed will result in the cumulative reduction of approximately 2,513 s.f of impervious surface. Approximately 2,700 s.f. of additional impervious surface related to the driveway extension and pool may be removed at a future date allowing for further infiltration and purification of storwater runoff. F) The construction of the single-family residence and pool has been reviewed by the Town Engineer and Town Planner and determined that there will be no degradation to the quality or quantity of 2 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 water in or entering the isolated vegetated wetland or Lake Cochichewick. 2) There is no reasonable alternative location outside the Non-Disturbance and Non-Discharge Buffer Zone for any discharge,structure or activity. The location of the proposed single-family residence was designed to maintain the functionality of property while minimizing the impact to the environment and neighboring properties. 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 uses will not adversely affect the neighborhood,as the lot is located in a Residential 1 Zoning District and are accessory uses to an existing single-family dwelling.The proposal includes the planting of 21 Spruce,Hemlock, and Pine trees along the southern portion of the property to further screen the proposed single-family residence. 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 conforms 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. 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 122,045 sq. ft.parcel of land with legal frontage on Dale Street as shown on Assessors Map 64,Parcel 24, and also known as 357 Dale Street,North Andover, Massachusetts. B) The"Plans"refer to the plans prepared by New England Engineering Services, Inc. dated October 19, 2007,revised November 13,2007,November 20, 2007 entitled"Site Plan, 357 Dale Street, North Andover, MA 01845,Assessors Map 64, Lot 24"and consisting of Sheet 1 of 1. C) The"Project"or"357 Dale Street"refers to razing the existing single-family residence and constructing a new 2,035 s.f. single-family residence, removal of portion of impervious driveway, associated grading work and drainage/stormwater management improvements, and other improvement shown on the"Plans"as defined above. D) The"Applicant"refers to Fred McCarthy, 357 Dale Street,North Andover,MA 01845, the applicant for the Special Permit. 3 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 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) Prior to any Work on Site: A) A performance guarantee bond of two thousand dollars($2,000.00)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) The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. C) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department during each phase of construction. Weekly inspections of all erosion control measures will be completed by the designated independent Environmental Monitor and incorporated into the weekly reports as part of the approved Watershed Special Permit for this project. D) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission,Board of Health, Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. AN Prior to issuance of a building permit: A) The Planning Board must endorse the final site plan mylar and three copies of the signed plans must be delivered to the Planning Department. B) The decision, including the Construction Sequence Schedule, must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. C) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas.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. 5) Prior to release of the Performance Bond: A) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner and the Department of Public Works 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. 4 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 6) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition#13. 7) The terms and conditions of this special permit shall also include the removal of impervious surface relating to the existing pool and asphalt driveway extension along the western portion of the property. The Project Owner shall notify the Town Planner in writing of the removal of said pool and driveway extension. The applicant,its employees and all successors and assigns in interest or control shall employ Best Management Practices for the removal and potential reuse of materials onsite. 8) The Project Owner shall employ and adhere to the construction sequence schedule developed by New England Engineering Services,Inc. dated 12/11/07 throughout the duration of construction and the removal of the driveway extension and pool. Any changes or modifications to the construction schedule shall be submitted in writing and approved by the Town Planner. 9) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 10) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 11) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 12) This Special Permit approval shall be deemed to have lapsed December 4, 2009(two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless 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. 13) 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 Plan 357 Dale Street North Andover,Massachusetts 01845 Assessors Map 64, Lot 24 Prepared for: Frederick McCarthy 357 Dale Street North Andover, Massachusetts Prepared by: New England Engineering Services,Inc. 1600 Osgood Street Building 20, Suite 2-64 North Andover,Massachusetts Scale: 1"=20' Date: October 19, 2007,Revised 11/13/07, 11/20/07 Sheets: 1 5 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4, 2007 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 4-a ZZ CS 'f � r 6