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HomeMy WebLinkAboutDecision - 318 SALEM STREET 5/30/1990 TOWN OF NORTH A N DOVER M A S S A C U U S E T T S I NOH/H j Any appeal shall be filed within (20) days after the ,date of filing of this Notice ass"`" E� in the Office of the Town Clerk. NOTICE OF DECISION llttte, May 30, 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Hearing .Mgy.17, ,1990 , , , Petition Of David H. Pickles .Sr Trustee. . �. Salem.Street Realty. Trust, . . , . . . . . . . . . . . . . . . . Premises affected , 318 Salem Street. . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the veciuiremeiits North Andover Zoning Bylaw . Section 4.135Para. 5(b) (c) Of the • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit �Gradin�� from. 80,to.100 .feet from, a, wetland.within the Watershed. Protection District in an area known as the no cut buffer zone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given oil the above elate, the Platining Board voted Conditionally tO . A+PPFPYP. . . . . . . .the .. . . . . based upon the following conditions : CC: Director of Public Works Board of Public Works S 1 gl l e Highway Surveyor Building Inspector George Perna Jr.�, Chairman Board of Health . . . . Conservation COmmission John Simons, Clerk Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Chief Erich Nitzsche FireChief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant John Draper Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interested Parties File . . . . . . . . . . . I51a►��tiiig I3oarcl OF.lORTN, OFFICES OF: or: Town Of 120 Main Street BUILDING . ; NORTH DOVE � North Andover er CONSERVATION �,' :i;o .'�y Massachusetts 01845 HEALTH SS'°"OSE, DIVISION OF (508)682-6483 PLANNING PLAI®NING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, UIRF-C"YO R Hay 29 , 1990 Mr. Daniel Long Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re : Special Permit, Watershed District, 318 Salem Street, David H . Pickles , Sr . Dear Mr. Long : The North Andover Planning Board held a public hearing on April 5 , 1990, in the Town Hall , Selectmen ' s sleeting Room, upon tide application of David H . Pickles , Sr. , Trustee , 318 Salem Street, North Andover, Ha, requesting a Special Permit to allow grading 80 to 100 feet from a wetland within the Watershed District in the area known as the no cut buffer zone ( Section 4 . 135 ( 5 ) ( c ) and the construction of a subsurface disposal system between 100 and 150 feet of a wetland within the Watershed District in the area known as the non discharge buffer zone ( Section 4 . 135 ( 5 ) ( b ) . The public hearing was duly advertised in the North Andover Citizen on march 22 and March 29 , 1990 , and all parties of interest were properly notified. The following members Were present : George Perna, J > . , Chairman, John Simons , Clerk, E;r:icli Nitzsche. and John Draper. Jack Graham Was absent . John Simons read the legal notice to open the public hearing . A letter was read from Richard Doucette , Conservation Administrator to Bob Nicetta, Building Inspector . Howard Spiecer, attorney , gave the Board some background on the site . A Form A Plan was submitted February 23, 1987 , during the moratorium, building in the Watershed . IT lie Form A gave use protection . The applicant wants to build a single family home only, with septic system . The septic system permit has been issued . Grading would be within the non discharge buffer zone . The owner has gone to the Zoning Board of Appeals and was granted a variance in 1989 . The Zoning Board of Appeals conditioned tyre variance with a dry sewer . Page 2 : Charlie Foster, previous Building Inspector, was present and stated that no grading would be done beyond 20 feet from the house . The Board asked to see the septic system design . Erich Nitzsche reviewed the plans . Christian Huntress , Town Planner , gave the Board recommendations that were received from the Technical Review Committee . The recommendations were as follows : 1 . Recommend that the applicant apply for a common driveway permit through the Planning Board . 2 . Recommend that a dry sewer be installed to the property line for future hook up to a sewer . 3 . Recommended by the Fire Department that residential sprinklers be installed . Charlie Foster objected to sprinklers being installed . Christian Huntress gave the Board reasons wliy sprinklers were recommended. The main reason was tf►at the proposed house would be in back of the existing house and sprinklers are required by the Fire Department for that reason. Christian Huntress was asked to check with Town Counsel to see if this Special Permit could have a condition for a common driveway without coming before the Board again . u. The Board questioned if'. there was going to be a lawn. 11r. Giarusso said there would be a lawn , all nal.ur. al . John Simons questioned why the lot lines were not configured differently, jiggling front and back lines . Attorney Spiecer stated that they could not move the lot lines, changes would be substantial as to what is required at the present time . Charlie Foster stated that t'he house would be beyond the 100 foot non-disturbance buffer zone . Howard Spiecer stated that between 0 and 100 feet was the non-disturbance area and that from 100 feet to 325 feet construction was allowed by Special Permit . Christian Huntress was asked by the Board to cher_k with the Board of Health on their permits . George Perna recapped the issues . The following issues remain : 1 . Has the time elapsed , is it three years or years from the moratorium . 2 . The common driveway Special Permit, does the applicant need Special Permit or can this Special Permit be conditioned requiring a common driveway. Page 3: 3 . The Fire Department ' s requirement of residential sprinklers , are they needed? 4 . Does the septic system meet Title V? A motion was made by Ericli litzsche to continue the public hearing to April 19 , 1990 . The motion was seconded by John Draper and voted unanimously by those present . The Chairman, George Perna, directed staff to draft conditions for the Special Permit. On April 19 , 1990 , the Planning Board he:Lcl a regular nreeti.ng . The following members were present : George Perna, Jr. , Chairman , John Simons, Clerk, and Erich Nitzsche . Jack Graham arrived at 9 : 05 p . m. John Draper was absent . Christian Huntress , Town Planner, went over the items that. were requested by the Board . 1 . possible sewer connection 2 . residential sprinklers 3 . elevation in relation to the adjacent property of Ulenio . Copies of a draft decision were given to the Board for review . Howard Spiecer, attorney for the applicant, reviewed the draft decision and raised some concerns on Condition #13 , relating to a dry sewer being installed and the co:,t of: the dry sewer and Condition #14 , the Board requesting the applicant file for a Special Permit for a common driveway . Town Counsel has been consulted regarding the common driveway issue . The Town requires a Special Permit for a Common Driveway, the applicant needs a new application. A discussion took place on placing a driveway with a dry sewer, the costs and easements . Also discussed was the topography. Bill Dolan, Fire Chief , spoke on the need for residential sprinklers . Chief Dolan gave an example of the cost for a 9 room house plus an attic , $4 , 300 . The Fire Department is actively in favor of sprinklers . The Chairman , George Perna asked why on this particular lot. Chief Dolan said especially on common driveways , life saving is the prime concern . Attorney Spiecer told the Board that they were addressing State Building Code issues . A brief discussion took place on sprinklers . A motion was made by John Simons to close, the public trearin _1 and take the matter under advisement . rlie motion was seconded by Erich Nitzsche and voted unanimously by Lhose present, i.ncludi If the Chairman. i Page 4 : Attorney Spiecer would like to know the time frame on this permit. George Perna suggested that the applicant file for a Special Permit for a Common Driveway. On May 17 , 1990, the Planning Board held a regular meeting . The following members were present : George Perna, Jr . , Chairman , John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. The Board reviewed the draft decision . John Simons read a letter from the Fire Chief , Bill Dolan . Howard Spiecer, attorney, stated that the Board was addressing the State Building Code by requiring residential sprinklers . Lt . Donald Fountain of the Fire Department, stated that under Chapter 148, any fire hazard in the Fire Chief ' s mind , can be addressed . In this case , the Fire Chief strongly recommends residential sprinklers . John Simons commented on Condition #13 , not allowing a septic system. He did not want to take this condition out of the draft decision. George Perna stated that the only way that the Board will allow new construction in the Watershed District so that there is no impact, is to have sewerage . On Condition #13 , Erich nitzsche asked that the word proposed be removed from the first sentence and replaced with the word installed. The Board requested a gravel or stone dust driveway, no paving whatsoever. John Simons asked that a no cut zone exist outside the haybales and siltation control lines . He also emphasized that no chemicals , pesticides or fertilizers be used . A motion was made by Erich Nitzsche that the Planning Board approve the Special Permit for construction in the Watershed Protection District for David H . Pickles , Trustee , 318 Salc Street, in accordance with the draft conditional approval as amended and including 18 conditions . The motion was seconded by John Simons and voted unanimously by those present . Those conditions are attached . Page 5 : Sincerely, PLANNING BOARD George erna, Jr. , Chairman CC : Director of Public Works Board of Public Works Highway Surveyor Building :Inspector Conservation Commission Assessors Board of Health Police Chief Fire Chief Applicant Engineer File 1 f MR. DAVID H. PICKLES SR. TRUSTEE, SALEM STREET REALTY TRUST . 318 SALEM STREET SPECIAL PERMIT FOR CONSTRUCTION WITHIN THE WATERSHED PROTECTION DISTRICT. ZONING BYLAW, SECTION 4.135 FINDINGS OF FACT: The Planning Board makes the following findings regarding this Special Permit as required by section 4 . 135 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has been provided for with the adherence to the conditions listed herein. 3 . The applicant has met the requirements of the Town for a Special Permit as stated in Section 4 . 135 of the Zoning Bylaw. 4 . Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. This application for construction within the Watershed Protection District, Section 4 . 135 of the North Andover Zoning Bylaw, was specifically granted for construction or regrading within 100 ' of a tributary to Lake Cochichewick. The applicant has made every effort to minimize the impact of the new construction on the Town's water supply. The Planning Board has herein issued their approval for construction within the Watershed Protection District with the condition that this lot be tied into the existing sewer system. The Planning Board finds under Section 4 . 135 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires minor conditions in order to be completely in compliance with Town Bylaws. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North Essex Registry of Deeds. SPECIAL CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds. Included as part of this decision are the following plans: PLAN OF LAND LOCATED IN NORTH ANDOVER, MASS. PREPARED FOR: DAVID PICKLES TRUSTEE, SALEM STREET REALTY TRUST. DATED: 9/26/89 REVISED: 12/8/89 PREPARED BY: JJB ASSOCIATES, INC. 145 MARSTON STREET, LAWRENCE, MA 01841 All plans shall be on 24" x 36" sheets 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. 2 . All Planning Board Order of Conditions, issued herein, are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 3 . A final set of plans shall be drawn with regard to the conditions contained herein. The Plans shall be submitted to and approved by the Planning Board prior to endorsement and filing with the North Essex Registry of Deeds. 4. The Order of Conditions issued by the North Andover Conservation Commission, Dated 12/6/89, Shall be considered as part of this decision. 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 6. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 7 . All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 8. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 9. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 10. Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 11. Prior to the Building Permit being issued for the structure and again prior to occupancy of the structure, the applicant shall receive a written determination from the Conservation Administrator that all work being done under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. 12 . 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 . 13 . In no instance shall a septic system be installed on this lot. The Planning Board has herein issued their approval for construction within the Watershed Protection District with the understanding that this lot will be tied into the public sewer system. This lot shall be tied into sewer prior to the applicant receiving a Certificate of Occupancy. 14 . The applicant shall submit a Special Permit application for construction of a Common Drive with the adjacent lot A, N/F of Domenic Giarusso, who is listed as the authorizing agent on the current Special Permit application before the Planning Board. This condition is established in the interest of minimizing impervious area within the watershed and maintaining Public Safety. 15. 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 presented to the Planning Board and included in the file. 16. This proposed common drive shall be of stone dust or gravel . In no instance shall this drive be paved or constructed with " any material which is considered impervious. 17 . Residential dwellings found on both lots serviced by this common drive shall be guttered and drained by a pipe system into a leach pit. The leach pit shall be a minimum of 1000 gallon concrete pit with 24" - 1. 5" stone around and beneath. 18 . A No-Cut Zone shall exist outside the haybale and siltation control lines as established by the NACC. 19 . Erosion control shall be properly set as directed by the North Andover Conservation Administrator. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File