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Home My WebLink AboutDecision - 211 SOUTH BRADFORD STREET 6/23/2003 Town of North Andover AORTh Office of the Planning Department a Community Development and Services Division s 27 Charles Street °4 .� Mr `" SSR "V 7'.' . North Andover, Massachusetts 01845 � CH 6 http://www.townofnorthandover.com Planning Director: jwoods @townofnarthandovercom P (978) 688-9535 J. Justin Woods . F (978) 688-9542 NOTICE OF DECISION This is to certify that twenty(20)days have elapsed from date of decision,filed SENT USPS VIA CERTIFIED MAIL without filing of a ppeal. RETURN RECEIPT REQUESTED Date Az-13_ _# 2Ma �I'S 1 Cam.CI O �Oy Bradshaw - Town Clerk 211 South Bradford Street Special Permit-Watershed Protection District The public hearing on the above referenced application was opened by the North Andover Planning Board on April 8 and closed on April 22, 2003. Dick Doherty,PE,ofI—ncock Engineering, appeared on behalf of the petitioners. On May 6,2003,Phinney made,and White seconded,a motion to grant a Watershed Special Permit toe_�'> allow for the construction of a 744 square toot attached breezeway and two stall garage with above storage to the eA-isfimg dwelling within the Non-Disturbance Zone of the Watershed Protection District under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw. This Special Permit was C= r eGuesi ed by ihF_.by T?Ya ar1d T;;1i:.•h. 1 iii-l- i 1 1 C..."T3,..,,7C..,7 CsJ,....,.� l.7_lt ._. _ -- •• -1 - .1 �i i Uvuu,li aulu,u oucGl,1Vul ul tiilUUver,KA,U1645. 1ne original apnjiCat.Cn ;ud" i i n4 c:__ „- ... original .. C .ng revmed u�n,i it!r_, ln�li�ll aC cited 1.'erel 4 was i'11 e.^.„iii n the D"ann!irig L i 0: `'r S ubmitted on March 7,2003 with subsequent submittals on file. The applicant sub.--nittel a corupleta application., which:,ra.,.,n._c.,d and rev.,,- _;,,.�rl accordance wiih Section 10.52 of the Town of North rndcvor, z •n ng Bylaw and 1; GL Chapter 40A, Scctii�il 5. 'Tue anotion to approve was subject to tree FINDINGS OIt FACTS and SPECIAL,CORDM- ONS set forth in Appendix A to this deeil" ,H. The Planning Board voted on the motion by a vote of 5 in favor to 0 against (Schwartz did aot vote'). A special permit issued by a special permit granting authority requires a vote of at least Lour members of a five- -member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning Bylaw. Accordingly, the Application for the watershed Special Permit is approved with the attached Conditions. Cam` The applicant is hereby notif"ae d that should the applicant disagree with this decision,the applicant has CIO the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the .M date this decision has been filed with the Town Cleric. c_-n Respectfully Submitted: s' woods,Planning Director fo e North Andover Planning Board: John Simons,Chairman Alberto Angles,Vice Chairman Richard N,rdeRa,Clerk George`)v'hite ! T T E QT, Felipe Schwarz q :r Cl I ',?'' �tl James Phinney,Associate Member True Copy dA/' 0Ot';V� IT :' ;: Town Clerk r .3 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNITNG 688-9535 211 South Bradford Street Watershed Protection District Special Pernut May 13,2003 Page 2 of 3 Appendix A In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically 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 Board bases this finding on the following facts: a) The existing dwelling is connected to the Town sewer system.____ b) A deed restriction will be placed limiting the types offertilizers that can be used on the site. c) The topography ofthe site will not be altered substantially. d) The linrii of clearing is restricted to the minimurn necessary to construct the proposed attached breezeway and two stall garage; e) Certification has been provided by a registered nrofessional engineer that the installation of the attached breezeway and two stall garage will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The construction of the attached breezeway and two stall garage has been reviewed by the town's outside engineering consultant, -1119B, and with the application of the erosion control and use of organic low nitrogen fertilizers, there will be no degradation to the quality of quality of water in or entering Lake %, —in ere i8 no reacnna le alremadve lo"atlon /�:,' 0— Me ^Cn Dim t tb Y° '�U- bne for �/ LUlllil L�Jl SIi It)I n=IVY 111\1.11,t1Y� structure or activity, associated with the proposed project as almost the entire lot is located within the Non- visttu bane Zone acid the Non-Discharue 7011. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following ITI`M RC € FFACT: 1. The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2. The use swill not adversely affect the neighborhood as the lot is located in a residential zone; 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 Zoning Board of Appeals granted a dimensional variance for- relief of the left side setback o-106.5' to allow the addition of the attached breezeway and two stall garage 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) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part ofthis decision: a) Plan titled: Permit Site Plan- Site Plan,Details&Notes 211 South Bradford Street North Andover,MAss Prepared by: Hancock Engineering Associates 60 Beechwood Drive North Andover,MA 01845 Scale: 1"=20' Date: March 6,2403 and last revised Anil Q ')003 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 PEALTH 688-9540 PLANT IING 688-9535 211 South Bradford Street Watershed Protection District Special Pemiit May 13,2003 Page 3 of 3 b) 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 2) Prior to issuance of a building permit: a) A performance guarantee of three thousand ($3,000) 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) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. 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 ale. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Regi mere d Professional Engineer in Massachusetts that shows all construction, 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. b') The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. ill nn �.k-" 11 fro ..i; .,rte o,i .,..4...,,,F:,, i.,. fi...F...... a1_ �i_ � ua iiv ua.� ce �i_ u1v apVlt�c'ul�� prvpvsw w1l uUUL1V1L lr a11UVVUU U3 JUiu1G1 1111pa1�L UIC Nf Le UL11eI II IClI! dS Drowsed or the plan reiEr cen -4'�i f i"A.�:__-U i - tYJR1JAL?t _. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) life Cvnii actor snail contact Dig Safe at'teas[2'hours prior to waimencing excavation. 7) The provisions of this conditional approval shall apply to and be binding lapon the applicant-, it's en }Iev°°s and all successors and assigns in interest or control, 8) This permit shall be deemed to have lapsed after a Nvo- (2) year period from the date May 13, 2003 on which the Special Permit was granted unless substantial use or construction has commenced. cc. Conservation Administrator Director of Public Works Health Administrator Building hispedor Police Chief Fire Chief Applicant Engineer Abutters ESSEX NORTH REGMTRY OF DEEDS Assessor DPW LAWRENCE, MASS. � - File A`}`RUE COPY: A . RMISTER OF D BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535