HomeMy WebLinkAboutDecision - 205 DALE STREET 11/15/2005 �e
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�oRrN Town of North Andover
°`<•�`" `•�"° RECEIVED
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Community Development and Services Division
400 Osgood street 2005 NOY 16 PH 4 24
S CHU North Andover,Massachusetts 01845
T0V!4T'c'.C
Town Planner. F�Oii i H ;� ; u'4
Lincoln Daley
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of a a peal.
Any appeal shall be filed Date,- ��U4S.
within(20)days after the Joyce A.Bradshaw
date of filing this notice in Town Clark
the office of the Town Clerk
Date: November 15,2005
Date of Hearing: August 16,2005—
November 1,2005
Date of Decision: September 20,2005
Petition of: James and Sandra Timmons
Premises Affected: 205 Dale Street, North Andover, MA 01845, within the Residential 1 (RI)
Zoning District,Assessors Map 37B,Lot 64.
Referring to the above petition for a Watershed Special Permit from the requirements of the-North
Andover Zoning Bylaw,Section 4.136. T {
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So as to allow: the construction of a 60' x 24' garage addition to the s family resi `*'c'and --°
extension of the Town water and sewer networks to the existing residential dwelling within thy` on- >
Disturbance and Non-Discharge Zones of the Watershed Protection District.
m ;
After a public hearing given on the above date, the Planning Board voted to APPROVE the S&cial
Permit for the Watershed Protection District,based upon the following conditions:
Signed
Lincoln Daley,Town
0
Richard Nardella,Chairman
John Simons,vice Chairman --I
Alberto Angles cn
Jack Green o
Richard Rowen,Alternate
cc:
Conservation Administrator Fire Chief ATTEST,
Director of Public Works Applicant A True Copy
Health Administrator Engineer o �
Building Inspector Abutters
Police Chief Assessor Town Clerk
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535,
The public hearing on the above referenced application was opened and closed by the North
Andover Planning Board_ on November 1, 2005. James and Sandra Timmons, owners and
applicants appeared before the Planning Board.
On November 15, 2005, the Planning Board granted Watershed Special Permit to construct a 60' x 24'
garage addition to the existing single-family residence and extend the Town water and sewer networks to
the existing residential dwelling within the Non-Disturbance and Non-Discharge Zones 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 James and Sandra Timmons of 205 Dale Street, North Andover,
MA 01845. 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 vote of 5-0 in favor. 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.
APPENDIX A
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 the Planning Board makes the following FINDINGS OF
FACT:
L 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 fads:
a) The intent of this application is to connect both structures to the Town's water and sewer
network.
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 extend the Town water and sewer
lines to the residential dwelling.
e) The construction of garage addition and utility extensions have been reviewed by the Division of
Public Works, Town Planner, and Conservation Department and determined there will be no
degradation to the quality or quantity of water in or entering Lake Cochichewick
2. There is no reasonable alternative location outside the Non-Disturbance and the Discharge Zones for any
discharge,structure or activity.
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 use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District.
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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.
7) The sewer and water lines will be done in accordance with the guidelines set forth by the Division of
Public Works.
8) A Variance was granted by the Zoning Board of Appeals from Section 4, Paragraph 4.136(3)(cXii)(6) of
the Zoning Bylaw in order to allow the construction of a new permanent structure greater than 25%of the
gross floor area of the existing structure on October 11,2005.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) 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 dollars ($1,000.00) 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) 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 and a copy of the recorded deed shall be
submitted to the Town Planner and included in the file.
3) Prior to issuance of the Certificate of Occupancy:
a) The applicant must submit a letter from the Division of Public Works verifying that the municipal
sewer and water has been extended and connected to the residence and constructed in accordance
with Town guidelines and specifications.
4) 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 plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
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5) 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#10.
6) No open burning shall be done except as is permitted during burning season under the Fire Deparnnent
regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8) 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.
9) This permit shall be deemed to have lapsed after a two- (2) year period from the date November 15,
2007 on which the Special Permit was issued, unless substantial use or construction has commenced.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Plan of Land in North Andover,Massachusetts
Assessor's Map 37B Lot 64
Prepared for: James G. & Sandra J.Timmons
Prepared by: Pembroke Land Survey Co.
P.O.Box 205
Salem,New Hampshire,03079
Scale: 1"=40'
Date: June 20,2005,Revised July 20,2005
Sheets: 2
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