HomeMy WebLinkAboutDecision - 323 DALE STREET 1/30/1984 (2) 6 MUM UM within (20) days
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January 30, 1984
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Ma 01845
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RE: LOT 1 DALE STREET-Designer Homes, Inc.
Special Permit in the Watershed District
Dear Mr . Long:
The North Andover Planning Board held a public hearing on
Monday evening, November 21, 1983 in the Town Office Meeting Room
upon the application of Designer Homes, Inc. . The hearing was
advertised in the North Andover Citizen on November 3 and 10, 1983
and all abutters were notified by mail as to the time and place of
the hearing. The following members were present: John J. Burke,
Erich W. Nitzsche, and John A. James, Jr . , Clerk.
The petitioner seeks a Special Permit under Section 4. 133 (d) of
the North Andover Zoning By Law which requires a Special Permit
granted from the Planning Board to allow construction to occur
within 100 feet horizontally from the edge of all tributaries of
Lake Cochichewick. The proposed construction activity will be
adjacent to, but not in a wetland tributary area. The site is
known as Lot One Dale Street and is located on the south side of
Dale Street with a total area of 43, 560 square feet, and - 150 feet
of street frontage in the Residential-2 (R-2 ) zoning district .
The construction of the proposed two story, -single family, wood
frame dwelling will have the following dimensions: 64 feet front;
28 feet deep; 27 .5 feet height; including associated structures .
The application was previously approved in June 1983; however, due
to modifications on the site plan, a new petition was required by
the Planning Board.
Mr . Alexani.an, representative and applicant for Designer Homes,
Inc. , appeared before the Planning Board and provided the following
testimony regarding the proposed work shown on the site plan
entitled "Subsurface Disposal System for Lot 1-Dale Street, North
Andover , MA" by Kaminski &Associates, Inc. , dated October 25, 1982
revised through October 20, 1983 .
LOT 1 DALE STREET-Designer Homes, Inc.
Special Permit in the Watershed District -'
January 30, 1984
Page 2tj � .
-The property described lies within the town' s designated Watershed
Zoning District. A previous Special Permit was granted on June 30,
1983 regarding the same lot . Subsequent modification of the site
plan requires a new application, public hearing and review.
-The modification on said plan shows the dwelling situated closer
in proximity to the Westerly property line and Dale Street away
from the wetland tributary to the East. As a result of this change
on plan, less fill will be required on site, thereby minimizing the
increase in grade on the lot or creating undue land disturbance.
-The septic system location and design shall remain the same as
depicted on the original site plan.
-No work is proposed or will occur within the 25 foot wetland
buffer area on the East side of the property.
The following members were present and voting at the January
23, 1984 meeting when the board rendered its decision: Michael P .
Roberts, Vice Chairman, John A. James, Jr . , Clerk, Erich W.
Nitzsche, and John J. Burke.
Upon a motion made by Mr . Burke and seconded by Mr . Nitzsche,
the Board voted unanimously to grant the Special Permit requested,
subject to the following conditions :
1 . Upon completion of final grading and construction, a certified
' as built ' plan from a Massachusetts Registered Professional
Engineer and/or Registered Land Surveyor shall be submitted to the
Planning Board for review of compliance with said approved plan.
Certification shall state that the ' as built ' grading, construction
and septic system__complies in all respect to said plan and
conditions set forth- in this decision.
2. No vegetation, including trees or topsoil shall be disturbed
within 25 feet of the East property line delineated on the
referenced plan, according to Section 4. 133 , Par .3 (c) Watershed
District in the Zoning Bylaw.
3 . Erosion control measures shall be placed 25 feet from the
easterly lot line for the entire length of the property and along
the frontage of said lot, and shall be continuously monitored and
maintained until vegetation has been stabilized.
4. Any excess water flowing from Lot 2 Dale Street shall continue
its ' natural course across Lot 1 Dale Street away from the leach
field on Lot 2 .
k LOT 1 DALE STREET-Designer Homes, Inc
Special Permit in the Watershed District';,
January 30, 1984
Page 3
5. Any deviation from the approved plans and conditions will be
considered due cause for the rescission of this permit granted by
the Planning Board .
6 . No construction activity will be allowed until March 15 , 1984,
subject to review of the Planning Board, at which time, due to
weather conditions, the March 15, 1984 date may be extended.
In granting the Special Permit, the Planning Board finds, pursuant
to Section 10.31 of the Zoning Bylaw, Conditions for Approval of
Special Permits , that the following conditions are met:
a) The specific site, Lot 1 Dale Street, is a suitable and
appropriate location for a single family residential use due to the
facts and information presented by Mr . Alexanian that no
environmental ill effects will develop in the Watershed District
from on-site development .
b) The on-site residential use is a continuation of the permitted
uses in the R-2 zoning district and will not adversely affect the
Watershed District or any surrounding residential neighborhood.
The development is engineered and designed to minimize impacts to
the wetland tributary.
c) The ingress and egress of the lot - presents no nuisance or
serious hazard to vehicles or pedestrians .
d) Adequate and appropriate facilities, such as public water and
an approved septic system, will be provided for the . proper
operation and occupancy of the proposed residential use.
e) Based on site visits , the public hearing process, and review
and input by appropriate town boards and departments, the single
family use in the Watershed District is considered to be in harmony
with the general purpose and intent of the Zoning Bylaw.
Sincerely,
FOR THE PLANNING BOARD
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Michael- P.-Roberts,
Vice-Chairman
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Recorded Feb.791984 at 2 : 39PM //2097
