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HomeMy WebLinkAboutDecision - 521 DALE STREET 5/29/1996 RECEIVED JOYCE BRADSHAW P6A�� 1 �6 B � � ll� NORTH ANDOVER eal shall be fileTc W N O F NORTH A N D O V E R Any app MASSACHUSETTS MAY 3 nPM '56 within (20) days after the ,. late of filing of this Notice of O FT1,...� N Ti-"IstonnrlIfy that twenty(20)days 3: I;c,ve elapsod from crate Of decletan filed in the Office of the Town p %,:thout filing ofartappeaL . Date, Clerk. =.. '_ To maerkw 4 ;7S$ACNUSt 7 NOTICE OF DECISION AT17ES7, A True Copy Date. May. 29i ,1996 . . . . . . . . . . . . . . . . Gam° Date of Hearing May, ,Z1,,, ,1,9,9F , Tam Clerk Brenda & David Sicora Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected , 521 Dale street aA Referring to the above petition for a special permit from the requirements No. And. Zoning Bylaw Sec. 4.136 Paragraph 3 (b) (ii) Watershed Pro; Dist. ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SO as t0 "f' a1.1,4vZ •f:oLr. .tl�• �..tian of. a• tamuy. room,and a 2 car garage with agame room above.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY SPECIAL PERMIT to APPROVE . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tv,k 2,196 im8.33 based upon the following conditions : CC: Director of Public Works Building Inspector pf Natural Resource/Land Use Planner /l �(f� Health Sanitarian Signed VV Assessors Police Chief JoseRh, V.. Mahoney., Chairman , Fire Chief Applicant Richard. Rowena.Vice. Chairman. , , , Engineer File . .Alison Lescarbeau, Clerk. . , , , , , , interested Parties Richard. Nardella, , , , John Simons „ „ . . . . . . . Town of North Andover AORTH 3?O° OFFICE OF 1 COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street North Andover, Massachusetts 01845 SSACHUS� May 29, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit/521 Dale Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening May 21, 1996 at 7:30 p.m. in the Senior Center behind the Town Building, upon the application of Brenda and David Sicora, 521 Dale Street,North Andover, Ma 01845 requesting a special permit under Section 4.136 Paragraph 3 (b) (ii)Watershed Protection District of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on May 1 and May 8, 1996 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, John Simons and Richard Nardella. The petitioner was requesting a special permit to allow for the addition of a family room and a 2 car garage with a game room above. The addition is less than 325' from the edge of a wetland resource area within the Watershed Protection District. The premises affected is land numbered 521 Dale Street in the Residential - 1 (R-1) Zoning District and the Watershed Protection District. Ms. Lescarbeau read the legal notice to open the public hearing. David Sicora, owner of the property was present and stated that he is proposing an addition to his home within 325' of a wetland resource area. He has hired a state certified biologist who stated to Mr. Sicora that there will be no impact or degradation in the watershed. The home is on Town sewer and water and the homeowner plans to install gutters, downspouts and a drywell to harness all the water. Ms. Colwell stated that the project has been reviewed by TRC and the Watershed Council with no major comments. She stated that the wetland resource area is across the street from the home, so it is doubtful that the construction will have any impact. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Ms. Lescarbeau asked how large is the addition and was told 1,000 sq feet. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Planning Board voted unanimously to close the public hearing. Ms. Colwell had a draft decision ready and the Board reviewed it. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the watershed special permit was unanimously approved as amended. Attached are the conditions. Sincerely, oseph V. Mahoney, Chairman North Andover Planning Board 521 Dale Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Brenda& David Sicora, 521 Dale Street, North Andover, MA 01845; dated May 3, 1996; requesting a Special Permit under Section 4.136 paragraph 3(b)(ii) of the North Andover Zoning Bylaw to add an addition to an existing home thereby allowing surface and sub-surface discharge of stormwater within the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: . In accordance with 4.136(4)the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: A. 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: i. a certification from a Registered Sanitarian and Certified Soil Scientist dated April 16, 1996 stating that there will be no significant effect on water quality or quantity in Lake Cochichewick. ii, the proposed addition is connected to the Town sewer system and is located more than 100'from the edge of the wetland resource area. iii. infiltration trenches will be used to filter all roof drains and driveway runoff. B. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed construction as the entire lot is located within this zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 1. The specific site is an appropriate location for the proposed use as all feasible stormwater 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 zone; 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 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: 1 SPECIAL CONDITIONS: 1. This decision must be filed with the North Essex Registry of Deeds. The following information incorporated by reference into this decision: Plan titled: Plan of Land in North Andover,Mass. Prepared for: Curran Construction Stone Post Road Salem,New Hampshire 03079 Prepared By: Merrimack Engineering Services Park Street Andover,Massachusetts 01810 Scale: 1" =40' Dated: May 1, 1996 Letter from Steven Eriksen, Registered Sanitarian and Certified Soil Scientist of Norse Environmental Services, Inc., 3 Pondview Place, Tyngsboro, Mass 01879, dated April 16, 1996. Any changes made to these plans shall be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 2. Prior to any work on site: a) A performance guarantee of five hundred dollars ($500)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) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. d) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. 3. Prior to verification of a Certificate of Occupancy: a) No pesticides, fertilizers, 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 Planning Board and included in the file. 4. Prior to release of the Performance Bond: a) The applicant shall submit a certified copy of an as-built plan which shows all 2 construction, including sewer lines, infiltration trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 5. 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#2. 6. No open burning shall be done except as is permitted during burning season under the Fire Department 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 on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will expire on L14 cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 521 Dale Street Watershed 3