HomeMy WebLinkAboutDecision - 242 DALE STREET 7/10/2015 'A
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6, Town of North Andover
Office of the Planning Department . 2015 JUL 10 Ate, 11: 05
Community Development and Services Division
AT.. 1600 Osgood Street
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North Andover,Massachusetts 01845 H"I
NOTICE OF DECISION This Is to certify that twenty(20)days
WATERSHED SPECIAL PERMIT have elapsed from date of decision,filed
without filing of�yy l
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Date
Any appeal shall be filed Joyos A.Bradshaw
within (20) days after the Tom Clark
date of filing this notice in
the office of the Town Clerk.
Date: July 10,2015
Date of Hearings: June 16,2015,July 7,2015
Date of Decision: July 7,2015
Petition of- Julie Nigro&Rob Barter,242 Dale Street North Andover,MA 01845
Premises Affected: 242 Dale Street(Map 64,Lot 30)RI Zoning District
The above referenced petition for a Watershed Special Pen-nit is in accordance with the
requirements of the North Andover Zoning Bylaw, Sections 4.136 and 10.3.
So as to allow the construction and installation of an above ground swimming pool, deck,
removal of old patio and installation of a new patio in kind, retaining wall, fencing and removal
of four trees within the non-disturbance and non-discharge zone to the Watershed Protection
District.
After a Public Hearing given on the above date, and upon a motion by David Kellogg and seconded
by Lynne Rudnicki to APPROVE the Special Permit for the Watershed Protection District, as
amended with amended language recommended by the Planning Board to be reviewed by Board
prior to signature and based upon the following conditions. Vote was unanimous in favor of the
application.
John Simons, Chairman
ATMST: Lynne Rudnicki
A True Copy Lora McSherry
91fr—(7:6=0h4-w- Peter Boynton
Town Clerk David Kellogg
242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
The Public Hearing on the above referenced application was opened on June 16, 2015 and was
closed by the North Andover Planning Board on July 7,2015.
On July 7, 2015 upon a motion made by David Kellogg and seconded by Lynne Rudnicki to
GRANT a Watershed Special Permit to allow the construction of and installation of; an above
ground swimming pool, a deck, removal of old patio and installation of a new patio in kind,
retaining wall, fencing and removal of four trees within the non-disturbance and non-discharge
zone to the Watershed Protection District.
This Special Permit was requested by Julie Nigro &Rob Barter, 242 Dale Street North Andover,
MA 01845 on May 14, 2015.
The applicant submitted a complete application, which was noticed and reviewed in accordance
with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,
Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL
CONDITIONS set forth in this decision.
The Planning Board vote was unanimous. A special permit issued by the special permit
granting authority requires a vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant
has the right,under MGL Chapter 40A, Section 17,to appeal this decision within twenty days after
the date this decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw,as well
as its specific criteria is met. This decision specifically stated by the Planning Board makes the
following
FINDINGS OF FACT:
1. That as a result of the proposed construction and installation,the Board has determined there
will not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The final design reflects adequate safeguards to mitigate pollutants from
entering Lake Cochichewick. The proposed construction complies with Best
Management Practices for erosion, siltation, and stormwater control. The Planning Board
bases this finding on the following facts:
a. The construction has been reviewed by Town Staff and by the Planning Board's
outside consultant, Lisa Eggleston and with the application of erosion control
measures the proposed project will not result in any significant degradation of the
quality or quantity of water in or entering Lake Cochichewick.
b. The new project will create approximately 457 sq. ft. of new impervious surface
from the above ground pool. The increase in impervious surface will be mitigated
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242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
by installing crush stone in a depth of 6 inches under the deck creating 688s.f. of
area to promote groundwater recharge.
c. Fertilizers will be limited to those which are either organic or slow-release nitrogen
and phosphorous-free. These restrictions will be noted in the deed.
2. The existing structure is connected to the Town sewer and water systems.
3. The existing lot complies with the current Zoning Bylaw with regard to frontage and
acreage. The lot was created in 1973 and is not subject to the Conservation Zone, as
described in section 4.136.2 Table 1 but is subject to 4.136.2 Table 2.
4. There is no reasonable alternative location outside the General, Non-Disturbance, and the
Discharge Zones for any discharge, structure or activity.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes
the following FINDINGS OF FACT:
1. The specific site is appropriate for the proposed use as the wetlands delineation were
reviewed and approved by the Town of North Andover Conservation staff.
2. The proposed addition will not adversely affect the neighborhood as the lot is located in a
Residential 1 Zoning District;
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 SPECIAL CONDITIONS:
1. Permit Definitions:
a. The "Locus"refers to the 16,200 sq. ft. parcel of land with frontage on Dale Street
as shown on Assessors Map 64, Parcel 30, and also known as 242 Dale Street,
North Andover,Massachusetts.
b. The"Plans"refer to the plans prepared by Sullivan Engineering Group, LLC,
P.O. Box 2004 Woburn MA 01888. (781) 854-8644
i. Titled: Site Development Plan 242 Dale Street
ii. Dated: Dated: May 6, 2015 Revised June 9, 2015.
iii. Signed by: John Sullivan,Registered Civil Engineer
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242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
c. The "Project" or "242 Dale St." refers construction and installation of; an above
ground swimming pool, a deck, removal of old patio and installation of a new
patio in kind, retaining wall, fencing and removal of four trees within the Non-
Disturbance and Non-Discharge zone to the Watershed Protection District.
d. The "Applicant" refers to Julie Nigro and Rob Barter, the applicant for the
Watershed Special Permit.
e. The "Project Owner" refers to the person or entity holding the fee interest to the
title to the Locus from time to time, which can include but is not limited to the
applicant, developer, and owner.
2. The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a Public Hearing and Modification by the
Planning Board. The Planning Board holds the final authority on determination of
changes to the plans.
3. Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. The applicant shall incorporate this condition as a deed restriction and
shall submit copy of the recorded deed to the Town Planner.
4. The pool shall have a non-backwashing, cartridge style filter installed for the pool.
5. Draining of pool water is prohibited into an area subject to jurisdiction of the Wetlands
Protection Act.
6. Discharge of pool water into the town's storm water management system and town sewer
is strictly forbidden.
7. All pool chemicals shall be properly stored according to manufacturers' labels inside the
physical house not in any ancillary structure.
8. Prior to the endorsement plan:
a. The applicant shall incorporate the following conditions as a deed restriction and a
copy of the recorded deed shall be submitted to the Town Planner.
i. Fertilizers are limited to those which are either organic or slow-release
nitrogen and phosphorous-free.
ii. Discharge of pool water into the town's storm water management system
and town sewer is strictly forbidden.
iii. Draining of pool water is prohibited into an area subject to jurisdiction of
the Wetlands Protection Act.
iv. Pool chemicals shall be properly stored according to manufacturer's labels
or best practices within the physical house and not in any ancillary
structure.
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242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
b. The applicant will provide copies of all Decisions, Notification and Orders of
Conditions from the North Andover Conservation Commission.
9. Prior to the start of construction,work done on the site or the issuance of a building
permit,the applicant must conform with the following:
a. A performance bond in the amount of one thousand dollars ($1,000.00) shall be
posted. Construction, erosion control measures, and performance of any other
condition contained herein 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.
This bond shall be in the form of a check made out to the Town of North
Andover. This check will then be deposited into an interest bearing bond account.
b. All erosion control measures as shown on the plan must be in place and reviewed by
the Town Planner and Conservation Department.
c. A pre-construction meeting must be held with the appropriate parties involved in the
construction, their employees, Planning Department and Conservation Department
(and other applicable departments) to discuss scheduling of inspections to be
conducted on the project and the construction schedule.
10. Prior to release of the Performance Bond:
a. The applicant shall show compliance with this decision and submit an as-built plan
stamped by a Registered Professional Engineer in Massachusetts that shows all
construction and installation of an above ground swimming pool, a deck, removal
of old patio and installation of a new patio in kind, retaining wall, fencing and the
installation of the gravel under the deck to promote ground water recharge. This
as-built plan shall be submitted to the Town Planner for approval and must be
provided in paper form as well as in SDF (Standard Digital File) format. The
applicant must also submit a letter from the engineer that the project substantially
complies with the plans referenced in this decision and as endorsed by the Planning
Board.
b. The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
11. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
12. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
13. 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.
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242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
14. This Special Permit approval shall be deemed to have lapsed July 10, 2017 (two years
from the date of issuance) exclusive of the time required to pursue or await determination
of any appeals, unless substantial use or construction has commenced within said two-
year period. Substantial use or construction will be determined by a majority vote of the
Planning Board.
15. This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
The "Plans"refer to the plans prepared by Sullivan Engineering Group, LLC,P.O.
Box 2004 Woburn MA 01888. (781) 854-8644
Titled: Site Development Plan 242 Dale Street
Dated: Dated: May 6, 2015 Revised June 9,2015
Signed by: John Sullivan,Registered Civil Engineer
Right to Appeal
The applicant is hereby notified that should the applicant disagree with this decision, the applicant
has the right,under MGL Chapter 40A, Section 17,to appeal this decision within twenty days after
the date this decision has been filed with the Town Clerk.
cc: Town Engineer
Building Inspector
Conservation Administrator
Planning Board
Applicant
Assessor's Office
File
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