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HomeMy WebLinkAboutDecision - 880 OSGOOD STREET 3/22/2006 Br'.. m I- A: Town of North Andover Office of the Planning Department f pit Community Development and Services Division CHUS 400 Osgood Street C= C) North Andover,Massachusetts 01845 Lincoln Daley C)m Town Planner C P(978)688-9535 :x F(978)688-9542 NOTICE OF DECISION CO Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk, Date: March 22,2006 Date of Hearing: March 7, & 21,2006 Petition of: Michael Ryan, 880 Osgood Street,North Andover,MA 01845 Premises Affected: 880 Osgood Street, North Andover, MA 01845, Assessors Map 74, Lot 53 within the Residential 4(R4)Zoning District. Referring to the above petition with provision of M.G.L., Chapter 40A, Section 4.136 of the zoning bylaw for a Watershed Special Permit so as to allow construction of a 20'x24' detached gaCage within the non-discharge zone of the Watershed Protection District within the R-4 zoning district. At a public hearing given on the above date, the Planning Board voted to APPROW,-a Watershed Special Permit with a unanimous vote of 5-0 based on the following conditions ;ul - incoln Dale jown PI er�� Richard Nardella, Chairman John Simons,Vice ChairmarI Alberto Angles Jack Green Richard Rowen, acting Clerk 0-- cc: Con/Com Director of Public Works Health Administrator Building Inspector Police Chief AT'I'SST, Fire Chief A True Copy Applicant Engineer Abutters `Gown Clerk Assessor BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r-e 4.i 4 s y 4 a ac s3 6 im -n 4 'n E emsC ° Special Permit—Watershed Protection District 880 Osgood Road Map 74, Parcel 53 The public hearing on the above referenced application was opened and closed by the North Andover Planning Board on March 7, 2006. Benjamin Osgood, New England Engineering Services, Inc., representing the owner and applicant, Michael Ryan, appeared before the Planning Board. On March 21, 2006, the Planning Board GRANTED a Watershed Special Permit to construct a 20' x 24' detached garage and to allow surface and subsurface discharge within the Non-Discharge 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 requested by Michael Ryan of 880 Osgood Street, North Andover, MA 01845, Assessors Map 74, Parcel 53 and located within the Residential 4 (R4) Zoning District. 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 was subject to the SPECIAL CONDITIONS AND FINDING OF FACTS as set forth in Appendix A to this decision. The Planning Board voted on the motion by a 5 — 0 vote in favor of the application. 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. APPENDIX A 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 the Planning Board makes the following special conditions: SPECIAL,CONDITIONS: 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. Additional stor°n water mitigation measures have been included as part the proposal. Surface and subsurface discharge and stonm water runoff as a result of the proposed structure shall be recharged on site through the installation of a storm water infiltration system. b. A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c. The topography of the site will not be altered substantially. 880 Osgood Street 2 Watershed Special Permit €3 t' d. The project does not constitute or require additional clearing of land. e. The construction of the detached garage has been reviewed by the Division of Public Works, Town Planner, and Conservation Department and determined there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Discharge Zones for any discharge, structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following: FINDINGS OF FACT: 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 will not adversely affect the neighborhood, as the lot is located in a Residential 4 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 existing lot conforms to the minimum lot area requirements for a lot within the Residential 4 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. b. 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. 7. The existing single-family residence is connected municipal water. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1. 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$2,000.00 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. 880 Osgood Street 3 Watershed Special Permit ., -.L @' f 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 tile. I 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 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. 4. In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition#9. 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 March 21, 2008 on which the Special Permit was issued, unless substantial use or construction has commenced. 9. This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a. Town of North Andover Planning Board Application for Watershed Special Permit filed by Michael Ryan on January 18,2006; b. Plan titled: Site Plan 880 Osgood Street North Andover,MA Assessors Map 74,Parcel 53 Prepared for: Michael Ryan 880 Osgood Street North Andover,MA Prepared by: New England Engineering Services,Inc. 60 Beechwood Drive North Andover,MA 01845 Scale: I"=30' Date: January 16,2006,Revised 3/15/06 Sheets: 1 880 Osgood Street 4 Watershed Special Permit `�{-UI mpv-A a 7y MOW w