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HomeMy WebLinkAboutDecision - 369 SALEM STREET 10/27/1997 Town of North Andover ,F NORTH OFFICE OF tt .r.�� .ott, to ,,9tio COMMUNITY DEVELOPMENT AND SERVICESOTO 4�` Yt1� A NORTH .4 30 School Street North Andover, Massachusetts 01845 QCj ZU 9 ACHUS�`�� WILLIAM J. SCOTT 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' October 27, 1997 Date of Hearing October 21, 1997 Petition of Bogusha Duda Premises affected 369 Salem 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 to install a new subsurface disposal system in the same location as the failed system . After a public hearing given on the above date, the Planning Board voted to Approve the Special Permit - Watershed based upon the following conditions: Signed 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 File Interested Parties Planning Board CONSERVATION 688-9530 HEALTH 688-9540 PT ANNTNr. 688-9535 Town,of North Andover °1 HoRTN OFFICE OF 3� •' `9�o L COMMUNITY DEVELOPMENT AND SERVICES ° 30 School Street a� W North Andover, Massachusetts 01845 n LIAM J. SCOTT �9ssACHUSE��y Director October 27, 1997 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit-369 Salem Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening October 21, 1997 at 7:30 p.m. in the Department of Public Works, upon the application of 369 Salem Street, North Andover, Ma 01845 requesting a special permit under Section 4.136 Paragraph 3 (b) (ii) Watershed Protection District of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on October 1 and October 8, 1997 and all parties of interest were duly notified. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John-Simons, Clerk, Joseph V. Mahoney and Richard Nardella. The petitioner was requesting a special permit to allow to install a new subsurface disposal system in the same location as the existing failed system. The premises affected is land numbered 369 Salem Street in the Residential - 2 (R-2) Zoning District and the Watershed Protection District. Mr. Simons read the legal notice to open the Public Hearing. Ben Osgood Jr. was present to represent 369 Salem Street. Mr. Osgood stated that the property has a failed septic system in the watershed. Mr. Osgood stated that the new system will be in 65' of wetlands in the watershed. Mr. Osgood stated that they are planning to tie into town sewer as soon as it comes down Salem Street, but DPW says that won't be until the year 2,000. Mr. Rowen asked if the tank that they are putting in will only be good for 5 years. Mr. Osgood stated no, it will be good for the life of the house. Mr. Nardella asked what they have to do for the Board of Health. Ms. Colwell stated that they need to get waivers from them. Mr. Mahoney asked when does the applicant have to tie into the sewer once it is brought down Salem Street. Ms. Colwell stated that the Board of Health requires the applicant tie in within 1 year if they are in the watershed. Ms. Colwell suggest that the Planning Board hold a bond so we can guarantee that the applicant does tie in as soon as CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET possible. Mr. Nardella asked what the cost would be to bring sewer down Salem Street. Mr. Osgood stated that it would cost $70,000 - $80,000. Mr. Rowen asked Ms. Colwell to check and see if the Board of Health is going to make the applicant post a bond because we don't want them to have to post two bonds. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing. Attached are the conditions. Sincerely, Richard S. Rowen, Chairman North Andover Planning Board 369 Salem Street Special Permit ® Watershed Protection District The Planning Board makes the following findings regarding the application of Bogusha Duda, 369 Salem Street, North Andover, MA 01845, dated September 26, 1997, requesting a Special Permit under Section 4.136(3)(c) of the North Andover Zoning Bylaw to the replacement of an existing system within the Non-Disturbance 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. 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 existing septic system is failing and is depositing effluent directly into the groundwater with no treatment. The potential exists for the effluent to travel to the wetlands and streams which would convey the untreated effluent directly to Lake Cochichewick. b) The Town sewer will not reach this property for at least five years and it is cost prohibitive for the owner to connect to sewer individually. c) The replacement of the septic system will eliminate the known pollution hazard on a temporary basis until the sewer is installed in the street by the Town. d) The new septic system will be raised above the groundwater table so that the effluent will be treated in the sand below the leach bed prior to it entering the groundwater. e) Although the design does not meet the specific requirement of the Bylaw, it does comply with the guidelines of Title 5 for maximum feasible compliance. f) The Board of Health and the Conservation Commission will also be reviewing and approving the septic system prior to construction. 2. That there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed driveway construction as the lot is located within the Non-Discharge 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 stormwater 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: a) Plan titled: Special Permit Site Plan ' Lot 5 Great Pond Estates Saile Way North Andover, Mass. Applicant: Eight Meadows Realty Trust Great Pond Road North Andover, MA 01845 Scale: 1" =40' Date: 8/28/97, rev. September 30, 1997 Prepared by: Civil Construction Management Inc. Merrimac Road, Box 225 Newton, NH 03 85 8 b) Report from : Dennis G. Qunital, PE President Civil Construction Management Inc. Dated: July 28, 1997 2. Any changes made to these plans shall be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 3. Prior to any work on site: a) A performance guarantee of three thousand five hundred ($3,500) 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. This guarantee will also be held until such time as the existing home is tied into the Town sewer system. b) All erosion control measures as shown on the plan 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. 4. Prior to release of the Performance Bond: a) The applicant must connect the existing home to the Town sewer system within six (6)'months of the sewer line becoming available to this lot. b) The applicant shall submit a certified copy of an as-built plan which shows all construction, including topography, sewer lines, storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer in Massachusetts. c) 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 on which the Special Permit was granted unless substantial use or construction has commenced. cc. Director of Public Works Building Inspector Health Agent