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Home My WebLink AboutDecision - 137 SALEM STREET 9/9/2010 Pk 12177 Ps 320 09-07-20-10 . & 09=36n A.B O-YE FOR REGISTRY OF DEEDS USE OMY COYER. SHEET THIS YS THE FIRST PAGE OF THIS DOCUMENT .,DO NOT REMOYL GRANTOR GRANTEE A129 AAA6 P 05Z ADDRESS OF PROPERTY CITY/TOWN TYPE OF DO CUMENT MLC ASSIGNMENT TYPE DEED 6D. .MORTGAGE /NOTICE TYPE DISCHARGE- "`� SUBORDINATION AFFIDAVIT , CERT. TYPE DEC OF HOMESTEAD UCC TYPE DEC OF TRUST OTIHER DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St, Suite 304 Lawrence, MA 01843 (978) 6832745 www.lawrencedeeds.com Bk 12177 Pg321 #23407 Town of North Andover Office of the Planning Departme 10 AU 19 P M V 4: 08 JG Community Development and Services ivision 1600 Osgood Street ZHU North Andover,Massachusetts 01945 NOTICE OF DECISION-DRAFT Any appeal shall be filed within(20) days after the date of filing this notice in the office of the Town Clerk. Date: August 17,2010 Date of Hearings: August 17,2010 Date of Decision: August 17,2010 Petition of: Charles&Gretchen Trafton,137 Salem St.,North Andover,Massachusetts, 01845 Premises Affected: 137 Salem St.,North Andover,Massachusetts,01845, Assessor's Map 37D,Parcel 20 and located in the Residential 3 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Section 4.136. So as to allow the construction of a 468 sq.ft,addition,a 130 sq.ft.new deck and to allow the demolition and reconstruction of an existing 667 sq. ft. garage with a 2,d story bedroom, now stormwater management systems, related grading and landscape work within 100 feet of a wetland resource area. within the Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District,based upon the following conditions: P*ning Board .f6ho Simons Timothy Seibert Michael Walsh Courtney LaVolpicelo Michael Colantoni cc: Town Departments Applicant Engineer This Is to ourtify that twenty(20)day6 Abutters have elapsed from date of decision,filed Wthout filing of anjMapal Assessor Copy Joyce A.bredshaw Town Clark Bk 12177 Pg322 #23407 137 Salem St.Map 37A,Parcel 20 Watershed Special Permit—Construct Addition to Single-Family Residence August l7,2010 The public hearing on the above referenced application was opened on August 17, 2010 closed by the North Andover Planning Board on August 17,2010. On March 2, 2010, upon a motion made by M. Walsh and seconded by T. Seibert the Planning Board voted 5 - 0 to allow the construction of a 468 sq. ft. addition, a 130 sq. ft. new deck and to allow the demolition and reconstruction of an existing 667 sq.ft. garage with a 2"1 story bedroom, new stormwater management systems, related grading and landscape work within 100 feet of a wetland resource area within the Non-Disturbance Zone of the Watershed Protection District, under the requirements of Section 4.136.c.ii.6 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Charles and Gretchen Trafton, 137 Salem St., North Andover, MA 01845 on July 2, 2010. 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/deny was subject to the FINDINGS OF PACTS and SPECIAL CONDITIONS set forth in Appendix A to 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 to 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 are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 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 hoard bases this finding on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to a wetland resource area that drains to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. b) The construction has been reviewed by Town Staff who have concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick.The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements.Further,adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to an addition to a single-family dwelling: i) Roof runoff is routed to infiltration areas. The new structure calls for recharging 480 s.f. of new roof area. The new structure will have gutters and roof drains that will direct runoff into an underground dry well that has been located at a distance away from the dwelling unit so as to not overflow into the residence. ii) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. 2 Bk 12177 Pg323 #23407 '137 Salem St.Map 37D,Parcel 20 Watershed Special Permit—Construct Addition to Single-Family Residence August 17,2010 c) The existing structure will be connected to the Town sewer and water systems during the construction phase of the project,which will provide for significant improvements and mitigation to groundwater water quality and water quality of the Lake d) The topography of the site will not be altered substantially. e) Erosion control, including siltation fencing and hale bales,will be installed prior to construction and will remain in place throughout construction. The location of these controls is noted on the plan. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,stricture or activity. 3) The specific site is an appropriate location for the proposed use as all feasible stor►n water and erosion controls have been placed on the site; 4) The use will not adversely affect the neighborhood as the lot is located in a Residential 3 Zoning District; 5) There will be no nuisance or serious hazard to vehicles or pedestrians; 6) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 7) The existing dwelling unit will be connected to the town's sewer system during the construction phase of the project. 8) 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: l)Permit Definitions: a) The"Locus"refers to the 1.01 acre parcel of land with frontage on Salem Street as shown on Assessors Map 37D,Parcel 20,and also known as 137 Salem St.,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Kalkunte Engineering Corp.,dated June 29,2010, entitled"Site Plan,Charles&Gretchen Trafton 137 Salem St., located in,North Andover,MA.". c) The"Project"or"137 Salem St."refers to the construction the construction of a 468 sq.ft. addition,a 130 sq.ft,new dock and the demolition and reconstruction of an existing 667 sq. ft. garage with a 2"d story bedroom, new stormwater management systems, related grading and landscape work within 100 feet of a wetland resource area within the Non-Disturbance Zone of the Watershed Protection District. d) The"Applicant"refers to Charles&Gretchen,the applicant for the 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. 3 Bk 12177 Pg324 #23407 A . •137 Salem St.Map 37D,Parcel 20 Watershed Special Permit—Construct Addition to Single-Family Residence August 17,2010 3) Prior to issuance of a building permit: a) A performance guarantee bond of four thousand dollars($4,000.00)made out to the Town of North Andover must be posted to insure that the 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. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. c) Fertilizers are limited to those which are either organic or slaw-release nitrogen and phosphorous- free. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. a) A copy of an approved Sewer Connection Permit,signed by both the Water and Sewer Department and the Health Department. 4) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all constnrction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 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 Special Permit approval shall be deemed to have lapsed August 17, 2012 (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. 9) 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: Site Plan 137 Salem St.,North Andover,Mass. Prepared for: Charles&Gretchen Trafton 137 Salem St. North Andover,MA 01845 Prepared by: Kalkunte Engineering Corp. 1749 Central Street Stoughton,MA 02072 Scale: VI=10' Date: June 29,2010. 4 Bk 12177 Pg325 #23407 • 137 Salem St.Map 37D,Parcel 20 Watershed Special Permit—Construct Addition to Single-Family Residence August 17,2010 Sheets: I cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File S Bk 12177 Pg326 #23407 :tG,V[ •L , " t :At;YVl:.,lY4•I�� '.r. ° — _ • - _f;Y•.. _ .. tai:,��. .F : VI J 14 17 I- 4y, I.-, IMM-k, y• ',>�.-.� �G�, '•'',.-�.�� •�� :z6.o• mss' • •�� :�_:� . �• . MI4FIAM - r� ��,`�. r, ., •PAUL -n � . . . fu11013AE1. ''G;� %�r'a '11NTaNINO y PAUL jrANTONINO ' J f: �JJ /� ►tJy� �f, Hole41I' �6FINISHED GRADE EL-94.01 1 1 12* -7 15FIR 4'CIA I Q.IA INLETS INV. EL=91.00 �9 14 13 11 CE OF W ,� 01 1011 S-6' 10 011 11011 9 1Q6' 801. STONE EL=870 LOT AREA 7 5 -_-p WcTLANDS +4 —o tr 43,990± S.F. 4 --0 PLAN VIEW DRAIN HOLES TO 2 I/z CIA TAPER 2 NOTES: 1 I.CONCRETE: 5,000 PSI AANIMUM AFTER 28 DAYS. 3/4'TO 1 1/2'WASHED STONE 2. STEEL REINFORCDAEN7- ASTM A-615,GRADE 60 I J, COVER TO STEEL- i'MINIMUM SECTION VIEW 4.DESIGN LOADING-AS5NTO HS20-44 I 5. EARTH COVER-0 TO 5 FEET RETAINING WALL APPROX 6, CONS TRUC110NJOINT-LAPPED 111ATE RYWELL y LOCATION OF ' MODELSNO OWCR6- 4BY�,6?OOX4D0'OR EOVAL DRY WELL DETAIL I FOUNOAPON (FRENCH) DRAIN NOT TO SCALE SCREEN 36'YN FENCE POSE 6' DIA.DRY DOWNSPOUT �WOWN ORE FENS WELL W/2' I1u16'w SaAtw STONE AROUND, VERFLOW 11tH FLU CLOTH 0141 GRADE EL-94.Oi DUnEr INVS=91,0 b x LNpS1m — — —®—�—M— —w— — — —®—M—ee— —®—ea— — —®— —e—�• I RUBBER BOOT opm ROOF DOWNSPOUT I®I (TYP.) ® UN�BE 6'PYC W/118' I / INV=91.50 00 ��•. ✓\ \�/\�\\i��•�\! 'YRTICY.FACE (---04D.4' PROPESED weEU Futw aom = N � \ 2\\\ 6.5' DECK OR e.ro pIaNO P 0 9 LEACHING PROPOSEO ° SECTION Ailo, GALLEY O '-\ADDITION\ ' N N (SEE DETNL) CONSTRUCTION NOT S FOR FABRI AT CV ROOF DOIPNPSOUT DETAIL SOYEN E T ro FASIIXW SEAFELY>u FEYEE POSTS F .OTHER t 0 SILTATION FENCE W/HAY BALE NTH��'�� TIK OR 1 HARDIND00 i FF EL=100.00 NOT TO SCALE 2 FE1EA QOM t0 6E FAVUED SPARELY TO WO ORE FwQ �' N N j EXISTING YIH±ICS PAQB EtEAY t4 At WP AND YO SECTOR, GARAGE I d NEYY1Y SHHiLL 8t o0iERUIM BY GAM ADM 11uu F�''aDOEO�' RR'R � K 0 GEDF / / I 4, MAIN IOIO'rEDµ/YN bIAQS•DEVELOP I AS NOW S FIDICE ATDIAL PA6ABRCA Mr,. 18 ''......,. i EXISTING "�-AL BUILDING SILTATION FENCE & HAY BALES DETAIL #137 NOT TO SCALE 0 t` 1� EXISTING 81T. nRS FLOOR 0� DRIVEWAY PILE ( T 6.0' NOW RETAINNG WALL '.. a. i4.o 0 COVER WITHiiii:ii./,nii/:in,i?/,/;ni,/?/,i?/?/? �i T PLASTIC �/\ c e.o' fMTEA low —; —1 j — PROFILE %..<\ cn �e NOT TO SCALE E `�� OF rnvARm ar. SITE PLAN SALEMSTREET K. N. KALKUNTE ENGINEERING CORPORATION NOTES: r-+ CONSULTING ENGINEERS t� THE PURPOSE OF THIS PLAN IS TO SUBMIT A SITE SITE PL SRINIVAS N 749 CENTRAL STREET CHARLES do GRETCHEN AN TOUGHTON, MA 02072 � PLAN TO THE NORTH ANDOVER PLANNING BOARD .294 (781) 344-8565 �ON j TO OBTIAN A SPECIAL PERMIT BECAUSE THE SITE SCALE 1"=10' �, �0 4�Q,/ 137 SALEM ST, a IS IN THE PROTECTED WATERSHED AREA OF LAKE � sl0. NORTH ANDOVER, MA 3 COCHCHEWICK. FSS�O _0 10*10' 0 10' 20' SCALE DATE ACAD FILE OWG NO. �, 1 / SCALE IN FEET 1"®10' 1 06/29/2010 137 SALEM 1