HomeMy WebLinkAboutDecision - 358 DALE STREET 5/7/2012 (2) %A011TIt F I
qUIP gb4a Town of North Andover
2012 tIA Y
Office of the Planning Department P"112, 2,l
4 Community Development and Services Divis I
CH 1600 Osgood Street I-IA'SS A("I
North Andover,Massachusetts 01845
NOTICE OF DECISION-REVISED
Any appeal shalt be filed
within(20)days after the Cf
date of filing this notice in
the office of the Town Cleric,
Revised Date; May 7,2012
Date of Hearings: March 20,201.2,April
3,2012,May 1,2012
Date of Decision: May 1$2012
Petition of Stephen Sniolith,762 Dale St,North Andover,MA 01845
Premises Affected; 358 Dale Street,North Andover,Massachusetts,01845.
Assessor's Map 64,Parcel 26 and located in the Residential 1 Zoning District.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw,Sections 4.136&10.3.
So as to allow the construction of a new single-family dwelling,with a driveway, landscaping,utilities,
the installation of storinwater management system within the 325 foot Non-Discharge Zone of the
Watershed Protection District, and grading and vegetation clearing within the 100 foot Non-Disturbance
Zone of the Watershed protection District,
After a Public Hearing given on the above date, the Nanning Board voted to APPROVE a Watershed
Special Permit for the Watershed Protection District,based upon the following conditions:
"niiiiig Board
ohn Simons
Timothy Seibert
Michael Colanton!
Dave Kellogg
This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of an appeal.
Date�27/.�f, 4�,'
Joy0a X Bradshaw ATTEST,
Town Clerk A True Copy
e? �0"' ."
Town Clerk
358 Dale Street,Map 64 Lot 26
Watershed Special Permit--New Shigle-Family Residence
May 1,2012
The public hearing on the above referenced application was opened on March 20, 2012 closed by the
North Andover Planning Board on May 1,2012.
On May 1,2012 upon a motion made by D.Kellogg and seconded by T. Seibert to GRANT a Watershed
Speelat Permit to allow the construction of a new single-family dwelling, with a driveway, landscaping,
utilities and the installation of stormwater management system within the 325 foot Non-Discharge Zone of
the Watershed Protection District,and grading and vegetation clearing within the 100 foot Non-Disturbance
Zorre of the Watershed Protection District, under the requirements of Section 4.136& 10.3 of the North
.Andover Zoning Bylaw.The total amount of impervious area to be-crented is 1;780 sq-$,of-roof area and
2,178 sq.ft. for the driveway. This Special Permit was requested by Stephen Smolak, 762 Dale Street,
North Andover,MA 01 845 on February 17,2012. 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 vote was unanimous 4-0. 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 alter the date this
decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that tite intent of the Bylaw, as well as its
specific criteria are met. This decision specifically stated by the Planning Board makes the following
rtMJNGS OF PACT;
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
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 plan has been reviewed by Town Staff and the Town's consulting engineer,Lisa Eggleston,as
evidenced by the letters from L. Eggleston dated March 20,2012 and April 12,2012. With the
application of the erosion control measures and modifications to the drainage and stormwater
management designs,the consultant concluded that there will not be significant degradation to tine
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 rerytuiren?errts.
Further, adequate safeguards ]lave been provided to mitigate pollutants from entering Lake
Cochichewick through the installation/implementation of the following Best Management
Practices relative to a single-family dwelling:
i) The new dwelling unit plus driveway will create 3,958 sq.ft.of now impervious area. All of
the roof runoff will be routed to all infiltration wells so that the stormwater runoff for entire
roof area of tile dwelling unit will be infiltrated,
ii) A portion of the new driveway will consist of pervious pavement.Deed restrictions will be
required regarding maintenance for the driveway.
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356 Dale Street,Map 64 Lot 26
Watershed Special Permit—New Single-Family Residence
May 1,2012
iii) The applicant will install Town of North Andover Wetland Markers at the northern and
eastern edge of the limit of clearing,as shown on the Plan.
iv) The applicant will minimize the creation of lawn area and the clearing of existing vegetation,
The applicant will also provide a landscape plan that will include identification of lawn areas,
planting areas, areas of tree clearing and a list of proposed native plantings, including
proposed trees.
v) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous free. This restriction will be noted on the deed.
c) The Natural Heritage and Endangered Species Program(NI.IF,SP)has determined that the project as
currently proposed will not adversely affect the actual Resources Area Habitat, according to their
letter of April 25,2012.
d) The existing structure is connected to the Town sewer and water systems.
2) The lot was created prior to January 9, 1957 and is thus granted limited grandfathering exemptions
from dimensional requirements and is not subject to the Watershed Protection District zoning changes
made in 1994.
3) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
4) Jn addition,in accordance with Section 10,31 of the North Andover Zoning Bylaw,the Planning Board
makes•tlre following ITMINGS OF FACT:
a) The specific site is an appropriate location for the proposed use as all feasible storm water and
erosion controls have been placed on fire site;
b) The use will not adversely affect the neighborhood as the lot is located in a Residential I Zoning
District;
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 Plauning Board also makes a specific finding that the use is in harmony with the general purpose
and intent of the North Andover Zonhig Bylaw.
Upon reaching the above finduigs,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1)Permit Definitions;
a) The"Locus"refers to the 64,487 sq.ft. parcel of land with frontage on Date Street as shown on
Assessors Map 64,Parcel 26,and also known as 358 Dale Street,North Andover,Massachusetts.
b) The`Plans"refer to the plans prepared by Engineering and Surveying Services,dated February
16,2012,revised on March 27,2012,entitled"Site Plan,in North Andover,358 Dale Street,Map
64,Lot 26".
3
358 Dale Sheet,Map 6d Lot 26
Watershed Special henni(--New Single-Family Residence
May 1,2012
c) Tho"Project'or"358 Dale Street'refors to the construction of a new single-family dwelling,
with a driveway,landscaping,utilities, the installation of stornnvater management system within
the 325 foot Non-Dischnrge Zone of the Watershed Protection District,and grading and vegetation
clearing within the 100 foot Non-Disturbance Zone of the Watershed Protection District..
d) The"Applicant"refers to Stephen Sniolak,the applicant for the Special Permit.
c) The"Project Owner"refers to the person or entity holdingthe fee interestto 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 the endorsement of the plan;
a) The applicaut shall incorporate the following conditions as a deed restriction and a cony of the
recorded deed shall be submitted to the Town Planner slid included in the file.
i) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free,
ii) The porous pavement portion of tho driveway shall be cleaned using a Vacuum sweeper and it
shall not be seal-coated or otherwise covered with non-porous material.
b), The applicant will provide copies of all Decisions,Notification and Orders of Conditions ftom
the North Andover Conservation Commission,
4) Prior to start of construction or Site Work:
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 tine conditions of this decision and to ensure that the as-built plans will be submitted.
b) The applicant shall designate an independent Construction Monitor who shall be chosen in
consultation with tine Planning Department staff. The Construction Monitor shall submit weekly
reports during the entire duration of the project and must be available upon four(4)hours notice
to inspect the site with the Planning Board staff, The Planning Staff may reduce the frequency of
reports upon review of such a request from the applicant,
c) All erosion control measures as shown on tine plan must be in place and reviewed by tine Town
Planner and Conservation Department, Wetland markers will be located at the northern and eastern
edge of the limit of clearing,as defined on the Plan,
(1) Three(3)copies of the signed,recorded plans and the decision must be delivered to the Plnnning
Department.
e) Yellow"Caution"tape.must be placed along the limit of clearing and grading as shown on the plan. The
Planning Staffmust be contacted prior to any cutting and or clearing on site.
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358 Dale Street,Map 64 Lot 26
Watershed Special Permit—New Single-Family ltesidenco
May 1,2012
f) A pre-construction meeting must be held with the developer,their construction employees,Plannhtg
Department and Buildurg Department (and other applicable departments)to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
g) A construction sequencing plan shall be provided, showing the construction phasing of the porous
pavement.
S) Prior to tl►e issuance of a l3nil(lietg Permit:
�- a) A landscape plan must be provided, showing the location of new lawn area, location of planting
areas and a list of proposed plantings,which should be native species.
6) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer ir►
Massachusetts that shows all construction, including storm water mitigation structures and other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and
must be provided in paper form as well as in SDF (Standard Digital Vile)format The as-built
shall also provide a calculation showing the increase in impervious area. The applicant must
submit a certification fi-om the design engineer that the site was constructed as shown on the
approved plan.
b) The Planning Board must by a majority vote snake a findn►g that the site is in conformance with the
approved plan.
7) No open burning shall be done except as is permitted during burning season under the Fine Department
regulations.
8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
9) The provisions of this conditional approval shall apply to and be binding upon the applicant, ifs
employees and all successors and assigns in interest or control,
10)This Special Permit approval shall be deemed to have lapsed May 1,2014 (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 majorityvote of the Planning Board.
1 L)This decision must be filed with tl►e North Essex Registry of Deeds. The following information is
included and attached as pant ofthis decision:
a) Plan titled: "Site Plan,in North Andover,358 Dale Street,Map 64,Lot 26"
Prepared for: Stephen Smolak
762 Dale Street
North Andover,MA 01845
Prepared by: Engineering and Surveying Services
70 Bailey Court
Haverhill,MA 01832
Scale: 1"=20'
Date: February 16,2012 and revised March 27,201.2
5
358 Dale Street,Map 64 Lot 26
Watershed Special Permit—New Single-Family Residence
May 1,2012
Sheets: 2
b) 5tonmvater Report
Date: February 17,2012
c} Letter from the Division of Fisheries and Wildlife to the North Andover Conservation
Commission
Dated:April 25,2012
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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