Loading...
HomeMy WebLinkAboutWaiver - 330 MARBLERIDGE ROAD 8/24/2015 (2) COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Zoning NOTICE OF DECISION Watershed Special Permit—Waiver Request Best Management Practices and Conditions Date of Meeting: August 18, 2015 Date of Decision: August 24,2015 Application of: Jason Newton 330 Marbleridge Road North Andover, MA 01845 Premises Affected: 330 Marbleridge Road History and Background: On August 4, 2015, the applicant, Jason Newton, requested a Waiver of the Watershed Special Permit in accordance with the North Andover Zoning Bylaw Sec. 4.136.8 so as to allow for the removal of an existing deck and replacement with an enlarged deck. The lot was recorded January 18, 1985 and is located within the Watershed Protection District. The work is outside of the 100 foot edge of Wetland Resource Area Non-Disturbance Zone but is located within the 325 foot Non-Discharge Buffer Zone. Decision: After a Planning Board meeting on the above date and upon a Motion by L. Rudnicki and seconded by L. McSherry a vote was taken to Waive a Watershed Special Permit since the project is an allowed use and does not require a Watershed Special Permit. The applicant must use Best Management Practices required by the by-law. The vote was unanimous in favor of approval of the project with the Best Management Practices to be conditioned. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com Findings of Fact: The Planning Board based its decision on the following findings of fact: 1. The proposed work is more than 100 feet from a Wetland Resource Area within the Watershed Protection District. It is located within the 325 feet Non-Discharge Buffer Zone of the Watershed Protection District. 2. The removal of a deck and creation of a new deck is an allowed use in the Non-Discharge Buffer Zone and does not require a Watershed Special Permit. 3. The work which is to demolish an existing deck and rebuild an expanded footprint, with new railings and stairs will not materially increase the structures on the property. 4. There will be no roof over the deck. 5. There is no proposed surface or sub-surface discharge, including but not limited to, storm water runoff. 6. The majority of the work will take place within the confines of an existing retaining wall. 7. The area beneath the existing deck has crushed stone to enhance infiltration and reduce runoff. 8. The proposed changes will not have a significant impact within the property relative to stormwater runoff. Construction Practices: 1. All construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the ground water and the lake, to maintain the ground water table; and to maintain the filtration and purification functions of the land. 2. All landscaping damaged during construction shall be replaced or repaired to their pre- construction condition or better. 3. All work shall comply with the requirements of the North Andover Building Inspector consistent with the current version of the State Building Code and Massachusetts Architectural Access Board regulations and all North Andover fire prevention regulations. Best Management Practices/Conditions: 1. Work shall substantially confolm to the documents, photographs, description and or plans submitted for the meeting heard on the above date. 2. Prior to the start of construction, erosion control will be installed around the work area, not surrounded by a retaining wall, and remain until the completion of the project. 3. The Town Planner shall perform an inspection to ensure that the erosion control is in place prior to the commencement of work. 4. The Town Planner can stop construction if the erosion control is not in place; erosion control is deemed inadequate in their judgment or if there have been indications of storm water runoff from the work. 5. Should the Project Owner transfer ownership of the project and/or property prior to completion, the new owner shall meet with the Town Planner to review project requirements before continuing work. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com 6. A clean layer of course gravels or stones to enhance infiltration and reduce runoff shall be installed and maintained under the area of the new deck. 7. The work calls for no additional landscaping, if landscaping is added to the work area, it shall be of native species only. 8. The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply is prohibited in the entire Non-Discharge Zone of the Lot whether inside or outside the work area. 9. The commercial use of lawn care or garden products that are not organic or slow-release nitrogen are prohibited in all zones of the Watershed Protection District which includes the entire Non-Discharge Zone of the Lot whether inside or outside the work area. J - behalf of the orth Andover Planning Board John Simons, Chairman David Kellogg Lynne Rudnicki Lora McSherry Peter Boynton Regina Kean,Associate 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com