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HomeMy WebLinkAboutDecision - 585 DALE STREET 3/9/1992 Irr u liii �� � III � TOWN OF NORTH ANDOVER MASSACHUSETTS , , . NORT►1 Of�.�.• 1't0 hall be Any appeal s -.,.... <y SAcHUs ES within (20) days after the S date of filing of this Notice in the office Of the Town NOTICE OF DECISION Clerk. Date. . . .March,9„1992 . . . . . . . . . . . . Date of Hearing February, ?5,, 1992 Lexington Savings Bank Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585 Dale Street Premises affected . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements Bylaw Section 4.136, Para 2b . ,North Andover� Zoning. . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . of the so as to •permit . .the construction of,a�dwelling within .100.', of, a, vegetative, p , . . . . . . , wetland which is a tributary� to.Lake.Cochichewick After a public hearing given on the above date, the Planning Board voted CONDITIONALLY . . to APj?nyF5. . . . . . the . .SPPQ ��M . � TT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: cc: Director Public Works Board of Public Works Highway Surveyor Signed .�� Building Inspector Conservation Commission George Perna, hai. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Health Assessors John,Draper . . . . . . . . . . . . . . . . . . . . Police Chief Fire Chief ,Joseph Mahoney Applicant Engineer Richard .Nardella File . . . . . . . . . . . . . . . . Interested Parties , Richard Rowen . . . . . . .h1lIIIIIlIlV BMir(l LEXINGTON SAVINGS BANK 585 DALE STREET NORTH ANDOVER, MASSACHUSETTS THE WATERSHED PROTECTION DISTRICT. SPECIAL PERMIT FOR CONSTRUCTION WITHIN 1001OF A TRIBUTARY. ZONING BYLAW, SECTION 4.136, PARA 2.B.1. FINDINGS OF FACT: The Planning Board makes the following findings regarding this Special Permit as required by section 4 . 136 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3 . The applicant has met the requirements of the Town for a Special Permit as stated in Section 4. 136 of the Zoning Bylaw. 4 . Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. This application for construction within the Watershed Protection District, Section 4 :136 of the North Andover Zoning Bylaw, was specifically granted for construction or regrading within 100 ' of a tributary to Lake Cochichewick. The applicant has made every effort to minimize the impact of the new construction on the Town's water supply. The Planning Board has herein issued their approval for construction within the Watershed Protection District with the condition that this lot be tied into the existing sewer system. The Planning Board finds under Section 4 . 136 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires minor conditions in order to be completely in compliance with Town Bylaws. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North Essex Registry of Deeds. SPECIAL CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds. Included as part of this decision are the following plans: Plans entitled: Special Permit and Notice of Intent Plan of Land in North Andover, MA Scale: 1" = 40' Dated: Jan. 15, 1992 - Final Rev. Jan. 22, 1992 Prepared By: Scott L. Giles R.L.S. 50 Deer Meadow Rd. North Andover, MA Any changes made to these plans shall be approved by the Town Planner. Any changes that the planner may deem as substantial shall require approval by the Planning Board. 2. No construction shall be allowed closer than eighty (80) feet to the edge of wetlands, and no regrading shall be allowed closer than twenty five (25) feet, as shown on the record plans. 3 . The Order of Conditions approved by the North Andover Conservation Commission as lot 1, Ironwood Estates, shall be considered as part of this decision. 4 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 6. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8 . No underground fuel storage shall be installed except as may be allowed by Town Regulations. 9. Prior to the Building Permit being issued for the structure the following items shall be addressed to the satisfaction of the Planning Board: A. All plans for the proposed tie-in to the municipal sewer shall' be reviewed and approved by the Division of Public Works. B. The applicant/owner shall place erosion control measures on site as directed by the Town Planner and Conservation Administrator. C. This Planning Board Order of Conditions shall be recorded at the Northern Essex Registry of Deeds and a copy provided to the Planning Office. D. The applicant/owner shall receive written determination form the Conservation Administrator that all work conducted under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. E. The elevation of the water table shall be determined and provided to the Town Planner. (See Condition #15) 10. Prior to a Certificate of Occupancy being issued for any structure, the following items shall be addressed to the satisfaction of the Planning Board: A. This site shall have received all necessary permits and approvals from the North Andover Board of Health. B. The applicant/owner shall receive written determination form the Conservation Administrator that all work conducted under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. C. Drainage easements and Wetland Restriction easements shall be granted to the Town of North Andover. The applicant/owner shall be responsible for recording these easements with the Northern Essex Registry of Deeds. D. The applicant/owner shall submit a certified copy of an As-Built plan which shows all construction, including sewer lines, leach pits and other pertinent site features. This As-Built shall be submitted to the Town Planner for approval and hall be stamped by either a registered land surveyor or practicing engineer. E. The applicant shall be required to bring the east side of the existing detention pond up to the elevation of 181 Ft. as shown on the approved plans. 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 . The applicant agrees, as a part of this approval, that in no instance shall a septic system be installed on lot 1. The Planning Board has herein issued approval for construction within the Watershed Protection District with the understanding that this lot will be tied into the sewer system. 13 . In no instance shall the Applicant' s proposed construction be allowed to further impact the site than as proposed on the plan referenced above in condition #1 of this approval. 14 . 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 presented to the Planning Board and included in the file. 15. All roof and driveway runoff shall be directed by a pipe system into a leach pit. The leach pit shall be a minimum of 500 gallon concrete pit with a 24" depth of 1. 5" stone around and beneath. The depth of stone which surrounds this leach pit shall be above the watertable. The elevation of the water table shall be determined and provided to the Town Planner. 16. A No-Cut Zone shall exist outside the haybale and siltation control lines as established by the NACC. 17 . A bond in the amount of $2 , 000. 00 shall be posted with the Planning Board for erosion control. This bond shall be in the form of a passbook with both the applicant and the Town of North Andover named directly. 18 . The driveway shall be paved with a berm, pitched toward a catch basin and drained to a leachpit. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File