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Home My WebLink AboutDecision - 154 JOHNSON STREET 4/17/2011 1 .-wn of North Andover I',1 D E NORTH OFFICE OF joyo OL SNAW ��°.t'�.o do COMMUNITY DEVELOPMENT AND SER ��{{ii� •�It'PT� �100��R * •- A 146 Main Street North Andover, Massachusetts 01845 pp®p� 54 a'°�` �•°�h �i R. 17 �SSgCHUSE� WMUAIv1 J. SCOTT Director NOTICE OF DECISION Any appeal shall be filled ' within (20) days after the ` date of filling this Notice in the Office of the Town Clerk. Date Ar ri 1 1 6. 1 997 Date of Hearing3/4, 3/18,4/8, 4/15 1997 Petition of 154/164 Johnson Street (Old Center Lane) Premises affected 154/164 Johnson Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4 Paragraph 4.136 so as to allow creation of a new surface discharge of stormwater that drains from a roadway into a detention pond then out the pond into an upland area. After a public hearing given on the above date, the Planning Board voted tO—Approve the special permit based upon the following conditions: Signed CC: Director of Public Works Joseph V. Mahoney, Chairman Building Inspector Natural Resource/Land Use Planner Richard Rowen Vice Chairman Health Sanitarian Assessors Alison Lescarbeau Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer John Simons File Interested Parties Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover < %0RTN OFFICE OF 3?° " ; .,+L COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street w o North Andover, Massachusetts 01845 �9SSgcHUS��y WILLIAM J. SCOTT Director April 16, 1997 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit-154/164 Johnson Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening March 4, 1997 at 7:30 p.m. in the Senior Center behind the Town Building, upon the application of Old Center Lane 154/164 Johnson 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 February 12 and February 19, 1997 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 creation of a new surface discharge of stormwater that drains from a roadway into a detention pond, then out the pond into an upland area. The premises affected is land numbered 154/164 Johnson Street in the Residential - 3 (R-3) Zoning District and the Watershed Protection District. The Planning Board opened the public hearing. Mr. Mahoney read a letter from the applicant, Ben Osgood Jr. requesting a continuance to the March 18, 1997 meeting. The Board granted the continuance. The North Andover Planning Board held a meeting on March 18, 1997 and 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. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I 154 and 164 Johnson Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of John J. Burke, 71 Sutton Hill Road, North Andover, MA 01845, dated February 6, 1997, requesting a Special Permit under Section 4.136 paragraph (b)(ii) of the North Andover Zoning Bylaw to allow 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: 1. 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: a) the home will be connected to the Town sewer system; b) all storm water will be managed by an onsite detention pond; c) no construction will be allowed within 100' of the wetland boundary; d) non-organic fertilizers are not allowed. 2. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed home construction and detention pond outlet. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: A. The specific site is an appropriate location for the proposed use as all feasible stormwater and erosion controls have been placed on the site; B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities are provided for the proper operation of the proposed uses; E. 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: SPECIAL CONDITIONS: 1 Ben Osgood Jr. showed the Board the plans of the watershed special permit. Once the Board determines what will be constructed at Old Center Lane they will continue with their discussions of the plan. Continued until April 1, 1997 Due to a blizzard on April 1, 1997 the Planning Board meeting was postponed until April 8, 1997. t The North Andover Planning Board held a meeting on April 8, 1997 and the following members were present: Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and Richard Nardella. The Board discussed the watershed special permit while they discussed the Old Center Lane subdivision. The Board will wait until Mr. Chessia has looked over the drainage report before they make their decision. Continued until April 15, 1997. The North Andover Planning Board held a meeting on April 15, 1997 and the following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, John Simons and Richard Nardella. Kathleen Bradley Colwell, Town Planner, was also present. All drainage issues have been resolved. No work will take place within 100' of the edges of the wetland resource. Ms. Colwell recommends closing the public hearing. On a motion by Mr. Rowen, seconded by Mr. Nardella the Board voted unanimously to close the public hearing. Ms. Colwell had prepared a draft decision for the Boards review. On a motion by Mr. Rowen, seconded by Mr. Angles the Board voted to approve the draft decision for the 54/164 Johnson Street watershed special permit. Attached are the conditions. Sincerely, Joseph V. Mahoney, Chairman North Andover Planning Board 1. This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Old Center Lane Definitive Subdivision Plan Prepared for John J. Burke&Benjamin C. Osgood Jr. of Land on Johnson Street,North Andover,MA Scale: 1"=30' Sheets: 1 -3 Prepared by: New England Engineering Services, Inc. 33 Walker Road North Andover,MA 01845 Dated: November 6, 1996, rev. 1/27/97, 3/24/97 b) Revised Storm water Management Report for Old Center Lane Subdivision Plan Johnson Street,North Andover,Massachusetts Prepared for: New England Engineering Services,Inc. Walker Road North Andover,MA 01845 Prepared by: Hayashi Corporation Hog MR Road Pepperell,MA 01463 Dated: March 25, 1997 (See Old Center Lane Subdivision file) a c) Letter from Bruce A. Gilday, Senior Environmental Scientist, BAG Land Consultants, dated March 7, 1997 stating that this development will not significantly degrade the quality of water in or entering Lake Cochichewick. d) 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 thousand ($5,000) dollars 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. 2 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: IL a) The applicant shall submit a certified copy of an as-built plan which shows all construction, including sewer lines, storm water mitigation 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 in Massachusetts. 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# 1. 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. - a- 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 upIpss substantial use or construction has commenced. Therefore the permit will expire on j 1 C C Cam. CC. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 154-164 Johnson Street -Watershed 3