HomeMy WebLinkAboutDecision - 585 DALE STREET 11/12/1993 ' ; - ems'.
P�AM�ING 8011110 �vz �.- = _,
TOWN OF NORTH ANDOVER
MASSACHUSETTS
p t,�ao ra ti0
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Any appeal shall be filed
within (20) days after the S'•'•,,,o.�•`�5
date of filing of this Notice 'SSACHUS�S
in the Office of the Town
Clerk. NOTICE OF DECISION
Date. .November. 121. 1993.
October 19, 1993
Date of Hearing November,2 i .1993.
Petitionof ChristoFher. King, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Premises affected 585 Dale street , , . . . . . . . .
Referring to the above petition for a special permit from the requirements
District
of the North. Andover. Zoning. Bylaw, Section. 4:136, Paragraph. 5. . Watershed. Protection
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
So as to permit the construction of, an addition to an existing within
. . . . .structure. . . . . . . . .
the Non-Disturbance. Zone, of a, wetland, resource, area, which. is, a, tributary, to, . . .
. . . . + " * . . . . . . . . . . . . . . . . . . . . . . . . .
Lake Cochichewick.
After a �ublic hearing given on the above date, the Planning Board voted
CONDITION
t0APPROVE . . . . . . . .the . . SPECIAL PERMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
cc: Director of Public Works
Building Inspector
Signed /�-
I '
Conservation Administrator
Health Agent Richard. Nardella, Chairman. , . . . , '
Assessros
Police Chief John. Simons, Vice Chairman . . .
Fire Chief . • . . . • •
Applicant Joseph,Mahoney;, Clerk . . . . . . , , , ,
Engineer
File .Richard. Rowen. . . , , , , , , ,
Interested Parties
'planning B oard. .
of NORTH^H -
KAREN H.P.NELSON a�' °° Town ®f 120 Main Street, 01845
Director
r NORTH ANDOVER (508) 682-6483
BUILDING
CONSERVATION ^as^°Hus DIVISION of
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
November 12, 1993
Mr. Daniel Long,
Town Clerk
Town Building
120 Main Street
North Andover, MA 01845 Re: Special Permit
Watershed Protection
District - 585 Dale
Street
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
October 19 , 1993 , in the Senior Center behind the Town Building,
upon the application of Christopher King, 585 Dale Street, North
Andover, requesting a Special Permit under Section 4 . 136, Paragraph
5 (Watershed Protection District) of the North Andover Zoning
Bylaw. The legal notice was properly advertised in the Lawrence
Eagle Tribune on October 4 and October 11, 1993 and all parties of
interest were duly notified. The following members were present:
Richard Nardella, Chairman, John Simons, Vice Chairman, Joseph
Mahoney, Clerk, Richard Rowen and John Daghlian, Associate Member.
The petitioner was requesting a Special Permit for the
construction of an addition to an existing structure within the
Non-Disturbance Zone of a wetland resource area which is a
tributary to Lake Cochichewick.
Mr. Mahoney read the legal notice to open the public hearing.
Ms. Colwell informed the Board that there was a problem with
this addition.
68ft. is very close to the wetland, Planning Board has
gone to 69ft. on Woodbury Lane, let's not set this
precedence.
Christopher King, owner of current house would like to add to
the house.
Mr. Simons lives in the neighborhood and would rather not
speak on this application.
Page 2 :
585 Dale Street
Mr. Rowen stated that he was not generally opposed to the
addition, he could not see that impacts this addition will have as
greater.
Mr. Nardella stated that there was pressure from the Town not
to allow any variances in the Watershed due to water problems.
Mr. Daghlian asked if the house was on sewer. The answer was
'yes' . Mr. Daghlian asked if the family room was on top of the
garage. The answer was 'yes' .
Mr. Perna stated that there should be covenants about
landscaping -no chemicals to be used on the site, should be in the
deed. Mr. King has a commercial fertilizer come on site, did not
know about the restriction. Mr. Perna stated that the detention
needs to be outside of 100' and be tied into existing detention
pond - gutters on house need to be tied into addition.
Mr. Mahoney would like to see site, need to protect watershed.
Mr. Daghlian does not see a major impact of addition.
Mr. Simons stated that once house is built, less impact of an
addition, not a lot of impervious surface added, more detail about
drywells. limits of construction needed.
Mr. Nardella stated that the proposed addition will be adding
on almost 1/3 the size of the existing house, supports Planning
Staff that this should not be allowed.
Mr. Nicetta stated that a variance has been issued by the
Zoning Board of Appeals, building can be no closer than 80' to
wetland, uncertain that a second variance would be granted.
Mr. Simons stated that no hardship can probably be shown
because addition can be built at the back of the house with no
variances required.
Mr. Nardella told Mr. King to go to the Zoning Board of
Appeals. The Planning Board has concerns. The Planning Board will
continue the public hearing.
Ms. Colwell stated that Mr. King could put addition on the
back of the house or on the side, no variance needed then.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to continue the public hearing to the next meeting, November
2 , 1993 .
Page 3 :
585 Dale Street
On November 2 , 1993 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
John Simons, Vice Chairman, Joseph Mahoney, Clerk, and Richard
Rowen.
Ms. Colwell directed applicant to change the location of the
addition. The following issues were discussed:
family room - 1 story on a foundation
material not stock piled within 100' of Watershed
add hay bales/silt fence line
gutters to tie into existing dry wells
relocation of leach pit, no different termination
On a motion by Mr. Mahoney, seconded by Mr. Rowen the Board
voted to close the public hearing.
On a motion by Mr. Rowen, seconded by Mr. Simons the Board
voted to approve the Special Permit with decision reviewed by
staff.
Attached are those conditions the Board approved.
Sincerely,
North Andover Planning Board
-/ 72at'57&�
Richard Nardella, Chairman
attachment
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Agent
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
585 Dale Street
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the
application of Christopher King, 585 Dale Street, North Andover,
MA 01845 requesting a Special Permit under Section 4 . 136,
Paragraph 5 of the North Andover Zoning Bylaw to allow for
regrading and vegetation removal associated with the construction
of an addition to an existing structure. The regrading and
vegetation removal will take place within one hundred (100) feet
of a wetland resource area (as defined by the Zoning Bylaw)
within the Watershed Protection District.
FINDINGS OF FACT:
In accordance with Section 10. 31 of the North Andover Zoning
Bylaw:
1. The Planning Board finds that the specific site is an
appropriate location for an addition as there is an existing
house;
2 . The construction of the addition will not adversely affect
the neighborhood;
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.
In accordance with Section 4 . 136 of the North Andover Zoning
Bylaw the proposed construction of the addition will not cause
any significant degradation of the quality of water in or
entering Lake Cochichewick.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions:
SPECIAL CONDITIONS:
1. Prior to Construction and/or Building Permit verification,
a. This decision must be filed with the North Essex
Registry of Deeds and a copy of the recorded document
submitted to the Planning Office. Included as part of
this decision are the following plans:
Plans entitled: As Built for Special Permit and
Notice of Intent
Plan of Land in North Andover, MA
Scale: 1" = 40 '
Dated: Jan. 15 , 1992 ; final revision
10/28/93
Prepared by: Scott Giles R.L.S . , 50 Deermeadow
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.
b. Silt fence and haybales must be placed along the limit
of work and viewed by the Town Planner.
C. The elevation of the water table shall be determined
and provided to the Town Planner.
2 . Prior to a Certificate of Occupancy being issued for any
structure the following items shall be addressed to the
satisfaction of the Planning Staff:
a. The applicant/owner shall submit a certified copy of an
as-built plan which shows the addition and other
pertinent site features. This as-built shall be
submitted to the Town Planner for approval and shall be
stamped by either a registered land surveyor or
practicing.
b. No pesticides, fertilizers or chemicals shall be used
in lawn care or maintenance. The applicant shall
incorporate this condition as deed restriction. A copy
of the recorded deed containing this restriction must
be submitted to the Planning Staff and included in the
file.
3 . All roof runoff shall be directed by a pipe system into the
existing leach pit.
4 . The applicant agrees, as a part of this approval, that in no
instance shall the proposed construction be allowed to
further impact the site than as proposed on the plan
referenced in Condition 1 of this approval.
5 . No construction shall be allowed closer than one hundred
(100) feet to the edge of the wetlands, and no regrading
shall be allowed closer than twenty-five (25) feet, as shown
on the above referenced plans.
6. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
7 . 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.
8. 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�,�°�7�'
CC. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
Dale.WPD