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Home My WebLink AboutDecision - 6 TIMBER LANE 12/16/1998 f Town of LToTr°T'thL�.A.ndover �,�R��,��y�� A of wORTW OFFICE OF ��la @ ^N 1r9 9. �. �1tito �Da COMMUNITY DEVELOPMENT AND 30 School Street 17 44 io 4 WILLIAM J. SCOTT North Andover,Massachusetts 01845 SS^CHUSE��y Director NOTICE OF DECISION Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Date December 16, 1998 Date of Hearing December 15, 1998 Petition of Edward & Jeralyn Brown Premises affected___ 6_Timber Lane Referring to the above petition for a special permit from the requirements of the North Andover. Zoning bylaw Section 4.136 Watershed Protection is rict so as to allow to construct a roof and screen in an existing deck After a public hearing given on the above date, the Planning Board Voted to APPROVE the SPECIAL PERMIT - WATERSHED SPECIAL PERMIT based upon the following conditions: Si g n ed CC: Director of Public Works Richard S.Rowen Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney Towns Outside Consultant File Planning Board Interested Parties CONSERVATION-(978)688 9530 ® HEALTH-(978)688-9540 " PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 a *146 MAIN STREET Town of North Andover of NoRTN si�eo ,6.1ti0 OFFICE OF ? h° o� COMMUNITY DEVELOPMENT SERVICES p 27 Charles Street s North Andover,Massachusetts 01845 SSgc,HUS��y WILLIAM J. SCOTT Director (978)688-9531 Fax(978)688-9542 December 17, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit-6 Timber Lane Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening December 15, 1998 at 7:30 p.m. in the Department of Public Works, 384 Osgood Street, upon the application of Edward & Jeralyn Brown, 6 Timber Lane, North Andover, MA 01845 requesting a special permit under Section 4.136, watershed protection district of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on November 25 & December 2, 1998 and all parties of interest were duly notified. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Richard Nardella and Alberto Angles, Associate Member. The petitioner was requesting a special permit to obtain approval to construct a roof over and screen in an existing deck. The premises affected in the Residential - 1 (R-1) Zoning District and the Watershed Protection District. Ben Osgood Jr., New England Engineering was present representing Jill and Ed Brown of 6 Timber Lane. Mr. Osgood stated that the house has an existing deck that that didn't require a watershed special permit as it has open slats and would not effect stormwater runoff. Mr. Osgood stated that the Brown's would like to cover a portion of the deck which is 14x16. Mr. Osgood stated that they have done a test pit and designed an infiltrator system that will take all the runoff. Mr. Rowen asked Mr. Osgood if he is familiar with Sandra Starr's recommendation stating that the infiltrator system is too close to the septic system. Ms. Colwell stated that Jim Rand, D.P.W. stated the sewer is currently available to the home on Brentwood Circle and should be on Timber Lane this summer. Mr. Osgood stated that the Brown's would prefer to tie into the sewer on BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Timber Lane and will therefore relocate the infiltrator,trench away from the septic system. Mr. Rowen stated the decision will allow the applicant to either tie into the sewer or redesign the infiltrator system. On a motion by Ms. Lescarbeau, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing. On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to approve the watershed special permit decision as amended. Attached are the conditions. Sincerely, Richard"SRow Chairman North Andover Planning Board 6 Timber Lane Special Permit-Watershed Protection District The.Planning Board makes the following findings regarding the application of Edward Brown, 6 Timber Lane, North Andover, MA 01845, dated November 16, 1998, requesting a Special Permit under Section 4.136 of the Zoning By-law to allow the construction of a roof over an existing porch within the Non-Discharge Zone of the Watershed Protection. 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: 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 project consists of closing in an existing deck with a roof and four walls to create three-season room. b) The project is located to the rear of the existing home located at 6 Timber Lane. c) The existing deck is located approximately 150 feet from the edge of the wetland resource area and is therefore within the non-discharge zone. d) A system of gutters, downspouts and infiltrator chambers has been designed so that the additional roof runoff from the site is infiltrated into the soil. The capacity of this system is designed to bold all of the runoff from the 100-year storm e) The existing home will be connected to Town sewer as soon as is becomes available. 2. That there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed project involves an existing structure. 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; 1 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) The plan must be revised to provide a two-foot minimum ground water separation for infiltration structures. 2) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Watershed Special Permit Plan for Property Located at 6 Timber Lane North Andover,MA Prepared for: Edward Brown, 6 Timber Lane,North Andover,MA 01 845 Scale: 1"=20' Dated: November 12, 1998 Prepared by: New England Engineering Services,33 Walker Road,North Andover,Mass 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. 3) Prior to any work on site: a) The existing home must be connected to Town sewer or the infiltrator must be relocated as the infiltrator area is too close to the existing septic system. Any revised location of the infiltrator must be reviewed and approved by the Health Administrator and Town Planner. b) 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. 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 2 compliance with the above permits and approvals. d) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. 4) 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 sewer lines, 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. 5) 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. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) 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. 9) This permit shall be deemed to have lapsed after a two- (2) year period from the date 10 i 7 Lxno on which the Special Permit was granted unless substantial use or construction has commenced. CC. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 6 Timber Lane -Watershed 3