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HomeMy WebLinkAboutDecision - 316 JOHNSON STREET 6/3/2004 E"444;,ox Flegk 1 , Town of North Andover o, 40 RTH Office of the Planning Department r ( " 0 1 Community Development and Services Division a � 27 Charles Street F4. „) North Andover,Massachusetts 01845 "ss,CH Julie Parrino Telephone (978) 688-9535 Town Planner Fax (978) 688-9542 Notice Of Decision Any appeal shall be filed ' Within 20 days after the This is to certify that twenty(20)days Y have elapsed from date of dedsiotl,flied Date of filing this Notice without filing of an pp al. } Date f In the Office of the Town Joyce A,araghl1w �_j Clerk Town Clark Date: June 3, 2004 Date of Hearing: May 4, 2004, June 1, 2004 Decision: June 1, 2004 Petition of: Eugene& Judith Riley 316 Johnson Street, North Andover, MA 01845 Premises Affected: 316 Johnson Street,North'Andover, MA 01845 Referring to the above petition for a Watershed Special Permit. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L. Chapter 40-A, sec 11 So as to allow: The construction of a 3 stall garage, kitchen expansion, mudroom, front porch, screened rear porch, new driveway, sewer connection and associated grading and landscaping located within the Non-Disturbance Zone and Non-Discharge Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Boa rd vote PROVE, the Watershed Special Permit, based upon the following con ' 'ons• Signed: JIdKko Angles Chairman Cc: Applicant Ge, rge White, Vice Chairman Engineer Fe •pe Schwarz,Clerk. Abutters Rick Nardella DPW John Simons Building Department James Phinney x,T'I'EST: Conservation Department A True Copy Health Department ZBA Town Clerk BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALT11688-9540 PLAINNING 688-9535 316 Johnson Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Eugene & Judith Riley, filed on April 9, 2004. The area affected is located at 316 Johnson Street in the R-3 Zoning District, Map 37D, Lot 25. The lot was created prior to 1960 and is subject to the Watershed Protection District provisions for lots created on or prior to October 24, 1994. The applicant is requesting a Watershed Special Permit for the construction of a 3 stall garage, kitchen expansion, mudroom, front porch, screened rear porch, new driveway, sewer connection and associated grading and landscaping located within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District. Public hearings were held on May 4 and June 1,2004. FINDINGS OF FACT: 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. 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 structures must be connected to the Town sewer system; b) A covenant will be placed in the deed restricting and limiting the types of fertilizers that can be used on the site. The applicant has submitted a manufacturers product sheet for the proposed fertilizer to be used on site. The product produced by Simplot Partners is "3-3-2 100% organic, w/1.25% Fe, 1% Ca". c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to construct the structure and appurtenances. All activities will be conducted in previously disturbed areas. e) The square footage of the proposed structures will total less than 25% of the gross floor area of the existing structure. 2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone, for any discharge, structure or activity, associated with the proposed project. 3. 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 use is accessory to an existing single family; 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; stormwater mitigation and infiltration structures will be installed on site and maintained in perpetuity; 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: 2)SPECIAL CONDITIONS: a) This Special Permit is being issued for a single family residence only, with exception for the potential to add a family suite in accordance with the requirements of the North Andover Zoning Bylaw. b) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: • Town of North Andover Planning Board Application for Watershed Special Permit filed by Eugene & Judith Reilly, 316 Johnson (application package includes application, abutter list, topographic map, soils map, narrative, Entech Analytical Labs document and architect letter dated April 7,2004) ; • Certification letter prepared Merrimack Engineering dated May 10,2004. • USGS Streamflow statistics report. • Simplot Partners manufacturers product sheet for the organic fertilizer. • Plans entitled: Site Improvement Plan of Lands Sheets 1-5, prepared by Merrimack Engineering, Inc., 66 Park Street, Andover, MA 01880, revised May 13, 2004; Proposed Landscape Layout Plan, prepared by Hugh J. Collins, Jr. Landscape Designer, Inc., 225 Main Street, Wenham, Mass. 01984, Revised May 12, 2004. c) The southern driveway may not be paved, and must remain an impervious material in perpetuity. Any changes to the material applied to the driveway,that differs from the approved plan, must be reviewed and approved by the Town Planner. d) 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. e) Stormwater management structures must be maintained in perpetuity by the homeowners. 3) PRIOR TO ANY WORK ON SITE: a) A performance guarantee of two thousand dollars ($2,000) 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) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c) Erosion controls as shown on the referenced plan must be installed and must be reviewed and approved by the Town Planner. d) 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. e) Wetland resource area boundary flags must be in place and reviewed by the Town Planner. 4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Only organic or slow release lawn or garden products shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. 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 file. b) The Planning Board must endorse the final site plan mylars and three copies of the signed plans must delivered to the Planning Department 5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) Foundation Plan: Immediately upon completion of the addition/garage foundations and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 6) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as-built plan shall lbThe applicant must bmitPlanner ritten the Department of Public Works for app pp stamped and signed, certification letter from the design engineer stating that the site was constructed in accordance with the approved plan, in addition to certification that the drainage structures have been properly installed. Any and all changes from the original plans must be clearly identified in the letter. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) 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 4e. 8) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10)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. 11)This Special Permit approval shall be deemed to have lapsed June 1, 2006 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period. Substantial use or construction will be determined by a majority vote of the Planning Board cc: Applicant Engineer File FOR NETLAND ZONED BUFFER AREAS NA,rIVE AND NETLAND SPECIES CHIONANTHUS VIRGINICUS FRINGETREE CORNUS FLORIDA FLONERING DOGNOOD BETULA PAPYRIFERA N141TF BIRCH MAGNOLIA ACUMINATA CUCUMBER TRFE PINKSHE" AZALEA AZALEA VASEYI AZALEA VISCOSUM SNAMP AZALEA CLETHRA ALNIFOLIA SUMMERSHEET CORNUS AMOMUM SILKY DOGV400D HYDRANGEA ARBORESCENS 14YDRANGEA KALMIA LATIFOLIA MOUNTAIN LAUREL RHODODENDRON CAROLINIANUM CAROLINA RHODODENDRON RHODODENDRON MAXIMUM ROSEBAY RHODODENDRON VACCINIUM CORYMBOSUM HIGHBUSH BLUEBERRY VIBURNUM TRILOBUM AMERICAN CRANBERRY BUSH L A�,.S 9, COREOPSIS VERTICILLATA TICKSEED GAULTHERIA PROCUMBENS CHECKERSERRY IRIS VARIETIES IRIS LOBELIA VARIETIES CARDINAL FLONER HUGH J. COLLINS,JR. tANDSCAPE DESIGNER,INC. 225 MAIN STREET S. 01984 -IAM, MA& WENI PI-10NE: (978)468-1942 FAX: (978)468-1104 E-MAIL hjcoIIhsdesign@aoI.com -design.com www1licollins x '11 Oki' I aLuesrok ST8",INO T1410 0106 FACL IN LA"' Ao A$?j4A4i Rtmov JEFFW JUDY REILLY c17 316 JOHNSON STREET INORTI I ANDOVER. W—t4ALT -173 MASSACHUSr psty r"We PROPOSED FXISTING DRIVEWAY LANDSCAPE LAYOUT PLAN 3 Date: 27 APRIL,2004 MAY 1 2004 Revisions: 12 MAY, 2004 PLANNk-,lU L)il-l"Aill 11viLfAT c ON 0 SEE SITE IMPROVEMENT PLAN BY MERRIMACK ENGINEERING FOR DRAINAGE EROSION CONTROt- DETAIL-S. SI-111"ll.-I, OF S ale: 1/16"= V-0" c,