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HomeMy WebLinkAboutDecision - 814 OSGOOD STREET 5/12/2000 Town of North Andover O� NORTM .o OFFICE OF �} y�< 6. °L COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 ypssgcNUS {<`' WILLIAM J.SCOTT Director (978)688-9531 Fax (978)688-9542 NOTICE OF DECISION Any appeal shall be filled within (20) days after the d date of filing this Notice = Ze Co C-) c in the Office of the Town ' Clerk. Cn Date: May 12, 2000 CD Date of Hearing: May 2, 2000 Petition of. Caren Jacobson and Blair Roberts Premises affected: 814 Osgood Street Referring to the above petition for a special permit from the requirements of the: North Andover Zoning Bylaw Section 4.136 so as to allow: the construction of a two story addition and screened porch to an existing dwelling located within the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted To: APPROVE the: Watershed Special Permit based upon the following conditions (attached): Signed CC: Director of Public Works Alison NL Lescarbeau, Chairman Building Inspector Natural Resource/Land Use Planner John Simons,Vice Chairman Health Sanitarian Assessors Alberto Angles, Clerk Police Chief Fire Chief Richard S.Rowen Applicant Engineer Richard Nardella Towns Outside Consultant File Planning Board Interested Parties BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 814 Osgood Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Caren Jacobson and Blair Roberts, 814 Osgood Street, North Andover, MA 01845, dated March 17, 2000, requesting a Special Permit under Section 4.136 of the Zoning Bylaw to allow the construction of a 492' square foot addition and screened porch 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 proposed project is located on a septic system which has received prior approval from the Board of Health—the applicant has stated that this proposal will not have a flow increase to the existing septic system; b) The increase in runoff resulting from this construction will be treated by Best Management Practices—the existing catch basins on Osgood Street and the existing wetlands. c) Construction of the addition and the screened porch is approximately 2000' feet away from Lake Cochiewick; d) The rooftop runoff, which is considered to be uncontaminated by the Massachusetts Department of Environmental Protection,will be recharged into the ground. 2) That there is no reasonable alternative location outside the Non-Disturbance Zone for any discharge, structure or activity, associated with the proposed project because no portion of the applicant's lot is outside this zone, therefore there is no practicable alternative to construct the addition outside this zone. 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 storm water 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 use; 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) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Plan of Land, 814 Osgood Street,North Andover,MA 01845 Location : 814 Osgood Street,North Andover, MA 01845 Owned by: Caren Jacobson and Blair Roberts Scale: 1"=20' Date: March 17, 2000 Prepared by: JM Associates 166 North Main Street Andover,MA 01810 Any changes made to these plans shall require Town Planner approval. Any changes deemed substantial.by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to any work on site: a) A performance guarantee of five hundred ($500) 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) Erosion control measures as required 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. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features as shown on the approved plan. 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. 4) 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. 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 permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. cc. Director of Public Works Applicant