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Essex North Registry of Deeds
Robert F. Kelley, Register
354 Merrimack St. Suite 304
Lawrence, MA 01843
(978) 683-2745
www.lawrencedeeds.com
Of NORTH
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This is to certify that twenty(20)days JL_
have elapsed from date of decision,filed
without filing of a appeal. ? ;. m"
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JceA.Bradshaw R, ne�q n owClerk IS$,4U' ;u I 2 1
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: November 18,2008
Date of Hearing: October 21, 2008 &
November 18,2008
Date of Decision: November 18,2008
Petition of: David Pickles
314 Salem Street
North Andover, MA 01845
Premises Affected: 314 Salem St.,North Andover,MA,Assessors Map 37B,Parcel 68.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Section 4.136:
Under Section 4.136.3(b)(ii)(1)of the Bylaw to permit limited activity within the Non-Discharge
Zone of the Watershed Protection District
So as to construct a 774 sq. ft. mud room and garage,to be attached to the existing dwelling unit,within the
325 foot Non-Discharge Buffer Zone of the Watershed Protection District and the R-3 Zoning District.
After a public hearing given on the above date, and upon a motion by M. Walsh and 2nd by T. Seibert to
APPROVE the Watershed Special Permit for the Watershed Protection District Permit as amended and
based upon the following conditions. A unanimous vote was made in favor of the application.
On ehalf of the Nor Andover Planning Board
ATTES,': John Simon,Chair
A Ti ue Cnpy. Jennifer Kusek , Clerk
Michael Walsh
Courtney LaVolpicelo
Town Clerk Timothy Seibert
The Planninu Board herein APPROVES the Watershed Special Permit to construct a 774 sq. ft. mud room
and garage,to be attached to an existing dwelling unit,within the 325 foot Non-Discharge Buffer Zone of the
Watershed Protection District. The project is located at 314 Salem St., North Andover, Massachusetts,
01845, Map 37B Parcel 68 in the Residential 3 (R-3) Zoning District and in the Non-Discharge Buffer Zone
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David Pickles,314 Salem St
Map 37B Parcel 68
Watershed Special Permit—Construction of Mudroom and Garage
of the Watershed Protection District. The parcel totals approximately 29,769 s.f. with frontage on Salem
Street. This Special Permit was requested by David Pickles of 314 Salem St., North Andover, MA 01845.
The application was filed with the Planning Board on September 17, 2008. The public hearing on the above
referenced application was opened on October 21,2008,and closed by the North Andover Planning Board on
November 18, 2008. The applicant submitted a complete application, which was noticed and reviewed in
accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A,
Sec. 9.
The applicant had applied for and received two variances from the Town of North Andover Zoning Board of
Appeals: for a dimensional Variances fi•om Section 7,Paragraph 7.2.2(Frontage &Lot Area Requirements);
and for relief from from Section 4,Paragraph 4.136.3.c.ii.(3)(construction of a new permanent structure in
the Non-Disturbance Buffer Zone of the Watershed Protection District)of the Zoning Bylaw in order to
construct the addition.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 10.52:
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
Board bases this finding on the following facts:
a. The project is located within the Non-Discharge Zone of the Watershed Protection
District. 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 existing structure will be connected to the Town sewer and water systems.
c. The topography of the site will not be altered substantially.
d. The applicant has also provided a letter from Richelle Denney, a wetlands scientist from
Arrow Environmental dated June 24, 2008, stating that the proposed project will not
have a negative impact on either the Bordering Vegetated Wetlands, the brook or Lake
Cochichewick or its watershed.
2) The applicant has provided for sufficient erosion control measures to ensure that any stormwater runoff
that occurs during construction is contained and infiltrated on-site. Erosion control will be provided as
noted on the plan, on the northwest side of the proposed construction area, to protect that portion of the
site that is below the grade of the construction site.
3) The applicant has also provided information showing that there will be very little runoff from new
impervious surfaces and that the runoff will be infiltrated within the lawn area. The addition will be
connected to the existing gutter system for the dwelling unit and all stormwater will be discharged into
the ground.
4) There is no reasonable alternative location outside the General,Non-Disturbance, and the Discharge Zones
for any discharge, structure or activity.The addition will be attached to an existing dwelling unit.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
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David Pickles,314 Salem St
Map 37B Parcel 68
Watershed Special Permit—Construction of Mudroom and Garage
1) The specific site is an appropriate location for the proposed use as it is consistent with the existing
residential use on the site;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 3 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 applicant has applied for and received dimensional relief from the Zoning Board of Appeals for
frontage and lot area requirements for the lot. In all other aspects, the lot conforms to the dimensional
requirements for a lot within the Residential 3 Zoning District as shown in Table 2 of the North Andover
Zoning By-laws.
6) 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 29,768 sq. ft. parcel of land with land fronting on Salem Street as
shown on a portion of Assessors Map 37B, Parcel 68, and also known as 314 Salem St., North
Andover, Massachusetts.
B) The "Plans" refer to the plans prepared by Scott Giles/Frank Giles Surveying, 50 Deermeadow
Road, North Andover, MA 01845 dated March 9,2008, revised to June 11, 2008, July 23, 2008,
and September 26, 2008, consisting of Sheets 1, titled "Form A: Watershed District, Variance:
Special Permit,Plan of Land,314-318 Salem Street,North Andover,prepared for David Pickles".
C) The "Project" or "314 Salem Street' refers to the construction of a 774 sq. ft. mud room and
garage,to be attached to the existing dwelling unit.
D) The"Applicant'refers to David Pickles,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.
PRIOR TO THE START OF CONSTRUCTION
A) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
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David Pickles,314 Salem St
Map 37B Parcel 68
Watershed Special Permit—Construction of Mudroom and Garage
C) A bond in the amount of one thousand dollars($1,000.00)shall be posted for the purpose of insuring
that the site is constructed in accordance with the approved plan and that a final as-built plan is
provided, showing the location of all on-site structures. 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
escrow account.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
A) Three(3) copies of the signed, recorded plans must be delivered to the Planning Department.
B) One certified copy of the recorded decision must be submitted to the Planning Department.
DURING CONSTRUCTION
A) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.
B) It shall be the responsibility of the developer to assure that no erosion from the site of construction
shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be
a basis for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The applicant must submit a letter from the architect and engineer of the project stating that the
building and site layout substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) A final as-built plan showing final topography, the location of all on- site utilities, structures and
drainage facilities must be submitted to the Planning Department.
B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
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David Pickles,314 Salem St
Map 37B Parcel 68
Watershed Special Permit—Construction of Mudroom and Garage
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
D) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
E) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
F) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
G) This Special Permit approval shall be deemed to have lapsed after November 18,2010 (two years
from the date permit granted), 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 or
for good cause.
H) The following information shall be deemed part of the decision:
Plan titled: Form A Watershed District; Variance: Special Permit Plan of Land
314-318 Salem St
North Andover,Mass.
Prepared for: David Pickles
Prepared by: Scott Giles/Frank Giles Surveying
50 Deermeadow Road
North Andover,MA 01 845
Scale: 1"=40'
Date: March 9, 2008, revisions June 11, 2008, July 23, 2008, and September 26,
2008.
Sheets: 1
C_
Application for Watershed Permit '_
Received: Sept. 18, 2008 - r?
Narrative
Received: Sept, 18, 2008
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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