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Office of the Planning Department 2013 SEP -9 PM I I I
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Community Development and Services Division if.
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SAcHUSE MAS SAC: ,E
North Andover,Massachusetts 01845
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of a�pppe
DateLt
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Any appeal shall be filed Joyce A.Bradshaw
within (20) days after the Town Clerk
date of filing this notice in
the office of the Town Clerk.
Date: September 3,2013
Date of Hearings: September 3,2013
Date of Decision: September 3,2013 t
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Petition of Kevin McLellan, 158 Dale Street,North Andover,MA 01845
Premises Affected: 158 Dale Street,North And Mh i
over, assacusetts,01845. t
Assessor's Map 38B,Parcel 7 and located in the Residential 1 Zoning District. f;
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Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Sections 4.136.3.b.ii,4.136.3.c.ii and 10.3. r,
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So as to allow the construction of 1,407 sq. ft. blue stone patio, the extension of a gas line from an i;
existing dwelling unit to fire pit area and cooking area,the extension of a gravel driveway by 855 sq. ft. in
the Non-Disturbance Zone and 1372 sq. ft. in the Non-Discharge Zone and the installation of two
drywells for roof runoff, within the Non-Disturbance and Non-Discharge Zone of the Watershed
Protection District. Z
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After a Public Hearing given on the above date, and upon a motion by R. Rowen and 2nd by D. Kellogg to
APPROVE the Special Permit for the Watershed Protection District, as amended and based upon the
following conditions.Vote was unanimous in favor of the application. k
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Pining Board
.L. Simons,Chairman
Richard Rowen
Dave Kellogg
Michael Colantoni
Lynne Rudnicki
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ATTEST:
A True Copy
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Town Clerk
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158 Dale Street Map 38B,Parcel 7
Watershed Special Permit—Stone Patio and Driveway
September 3,2013
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The Public Hearing on the above referenced application was opened on September 3, 2013 and closed by
the North Andover Planning Board on September 3, 2013.
On September 3, 2013, upon a motion made by X and seconded by X to GRANT a Watershed Special
Permit to allow the construction of 1,407 sq. ft. blue stone patio,the extension of gas line from an existing
dwelling unit to fire pit area and cooking area, the extension of a gravel driveway by 855 sq. ft. in the
Non-Disturbance Zone and 1372 sq. ft. in the Non-Discharge Zone and the installation of two drywells
for roof runoff, within the Non-Disturbance and Non-Discharge Zone of the Watershed Protection
District. This Special Permit was requested by Kevin McLellan, 158 Dale Street, North Andover, MA
01845 on July 18, 2013. The applicant submitted a complete application, which was noticed and I;
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 FINDINGS OF FACTS and SPECIAL
CONDITIONS set forth in this decision. i
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The Planning Board vote was unanimous. 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 t'
right, under MGL Chapter 40A, Section 17, to appeal this decision within twenty days after the date this t
decision has been filed with the Town Clerk. 1
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In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria is met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
4 1) The Board has determined that the site will be improved and that the quality of water runoff will be
improved.The Planning Board bases this finding on the following facts: x
a) The proposed project will not result in any significant degradation of the quality or quantity of water
in or entering Lake Cochichewick. t
b) The proposed patio will be largely impervious and is mitigated by the infiltration of 1533 sq. ft.
of roof area from the existing home, which will provide for an increase in water quality entering
the Lake. ,
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c) Roof drain overflow will be directed onto pervious areas with minimal slope to promote infiltration
and to prevent scouring.
d) The proposed driveway will be constructed with pervious gravel and will be graded so that overflow
will be directed to a Swale,should the driveway become impervious over time.
e) The project has been reviewed by the town's consultant,Lisa Eggleston,as noted by correspondence
dated August 7, 2013 and September 3, 2013. Ms. Eggleston has concluded that proposed project
will not result in any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick.
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2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge 4
Zones for any discharge,structure or activity.
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158 Dale Street Map 38B,Parcel 7
Watershed Special Permit—Stone Patio and Driveway
September 3,2013
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
a) The specific site is an appropriate location for the proposed use as the wetlands delineation reviewed
and approved by the Town of North Andover Conservation staff.
b) The proposed project has been reviewed by the Planning Board's outside consultant,Lisa Eggleston.
See correspondence dated August 7,2013.
c) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
d) There will be no nuisance or serious hazard to vehicles or pedestrians;
e) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
f) 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
SPECIAL CONDITIONS:
1)Permit Definitions:
a) The"Locus"refers to the 165,512 sq. ft. parcel of land with frontage on Dale Street as shown on
Assessors Map 38B, Parcel 7, and also known as 158 Dale Street,North Andover, Massachusetts.
b) The"Plans"refer to the plans prepared by Christiansen& Sergi, Inc. dated July 18, 2013, entitled
"Watershed Special Permit 158 Dale Street located in North Andover, MA".
cO: The"Project"or"158 Dale Street"refers to the construction of 1,407 sq. ft. blue stone patio,the
extension of gas line from an existing dwelling unit to fire pit area and cooking area,the
extension of a gravel driveway by 855 sq. ft. in the Non-Disturbance Zone and 1372 sq. ft. in the
Non-Discharge Zone and the installation of two drywells for roof runoff,within the Non-
Disturbance and Non-Discharge Zone of the Watershed Protection District.
d) The"Applicant"refers to Kevin McLellan,the applicant for the Watershed Special Permit.
e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time, which can include but is not limited to the applicant, developer, and owner.
2) 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) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free.
This restriction will be noted on the deed.
4) Prior to any work performed on the site,the applicant must conform with the following:
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158 Dale Street Map 38B,Parcel 7
Watershed Special Permit—Stone Patio and Driveway
September 3,2013
a) A bond in the amount of four thousand dollars ($4,000.00) shall be posted for the purpose of
insuring that the site is constructed in accordance with the approved plan and that a final as-built
plan is provided, showing the location of the new patio and expanded driveway. This bond shall
be in the form of a check made out to the Town of North Andover. This check will then be
deposited into an interest bearing bond account.
b) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-
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free. 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.
5) 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 the new patio, the expanded driveway, storm
water structures and other pertinent site features. This as-built plan shall be submitted to the Town
Planner for approval and must be provided in paper form as well as in SDF(Standard Digital File) £;
format. The applicant must also submit a letter from the architect and engineer of the project stating
that the building, landscaping, lighting and site layout substantially comply with the plans referenced
at the end of this decision as endorsed by the Planning Board.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
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 Special Permit approval shall be deemed to have lapsed September 3, 2015 (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.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: "Watershed Special Permit 158 Dale Street located in North Andover, MA"
Prepared for: Kevin McLellan
158 Dale Street
North Andover,MA 01845
Prepared by: Christiansen& Sergi, Inc.
160 Summer Street
Haverhill,Ma 01830
Date: July 18,2013,revised August 31,2013 and September 3, 2013
Sheets: 2
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158 Dale Street Map 38B,Parcel 7
Watershed Special Permit—Stone Patio and Driveway
September 3,2013
Scale: Sheet 1: 1"=40'
Sheet 2: 1"=20'
cc: Town Engineer
Building Inspector
Conservation Administrator
Applicant
Assessor's Office
File
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PLANNING DEPARTMENT i c ;
Community Development Division
I Special Permit — 'Watershed Permit Application
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Please type or print clearly.
1. Petitioner: KEVIN McLELLAN
Petitioner's Address: 158 DALE STREET, NORTH ANDOVER, MA 01845
Telephone number:617-510-3497
2. Owners of the Land: SAME
Address:
Number of years of ownership:
3. Year lot was created: 1998
4. Is the lot currently on septic or sewer?
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if on sewer,please provide date the sewer connection was f
completed: PRIOR TO 1998 1'
5. Description of Proposed Project: 1.
NON DISCHARGE ZONE: construction of 1407 sf blue stone patio and extension of gas line from
house to fire pit area and cooking ares; redirecting existing roof runoff to drywell and gravel
driveway extension of 855 sf.
NON DISTURBANCE AREA gravel driveway extension of 1372 sf
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6. Description of Premises: 1700'S HOMESTEAD ON 3.79 ACRE LOT
7.Address of Property Being Affected: 158 Dale Street
Zoning District: R1
Assessors Map: 38B Lot#: 7
Registry of Deeds: Book#: 11149 Page#: 80
8. Existing Lot:
Lot Area (Sq. Ft): 165,512 sf Building Height: < 35'
Street Frontage: 547 ft Side Setbacks: ' 150 ft
Front Setback: 20 feet Rear Setback: ' 150'
Floor Area Ratio: N/A Lot Coverage: 3.72
9. Proposed Lot(if applicable):
Lot Area (Sq. Ft): no change Building Height:
Street Frontage: Side Setbacks:
Page I of 2
1600 Osgood Street North Andover. Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 973 683.9535 Fna 978 633.9542 Web www.townofnorthandover.com
Edited 3'6,07
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158 Dale Street
Special Permit—Watershed Application
Site Description:
The subject parcel is located at 158 Dale Street, consisting of a single lot
with a residence dating to the 1700's, approximately 165,512 in land area ,and
identified as Assessor's Ref Map 37B, Parcel 7 on Reference Plan #14743 in
North Essex Registry of Deeds.
The subject parcel is wholly located within the Town of North Andover
Watershed Protection overlay zoning. As such, the parcel is subject to the
requirements set forth in Section 4.136 of the Town of North Andover Zoning By-
Laws.
The subject parcel is not located in a special Flood hazard Area
on Flood Insurance Rate Map Community Panel No. 250098 0006C dated
7/3/2012.0.
The applicant proposes to make improvements to the existing driveway,
and construct a blue stone patio:
The driveway improvement will include the extension of a gravel drive of
2,227 sf. Of this 1372 sf are in the Non-Disturbance zone (ref permit use
4.136(3) c ii(1) and 885 sf in the Non discharge. Reference 4.136.3.(a)(i) and
4.136.3 b i and ii.
The blue stone patio of 1407 sf and the associated gas lines and roof
runoff drywells are totally within the non-discharge area
4.121.16 Permitted uses: Residential District 1, Any accessory use
customarily incident to any of the above permitted uses, provided that such
accessory use shall not be injurious, noxious, or offensive to the neighborhood.
NON-DISCHARGE: Allowed: Section 4.136.3.(a)(i); 4.136.3(b)(i) and (ii)
NON DISTURBANCE BUFFER Special permit: 4.136.3c ii(1) Any activity
which cause a change in topography or grade.
The wetlands are those on the approved subdivision plan of Berrington
Place, DEP File # 242-871..
Written Documentation:
- Encouraging the most appropriate use of the land
A single family home on each lot in this residential neighborhood is the
most appropriate use of this land and permitted by R1 zoning.
- Preventing overcrowding of land
No change is proposed in the existing residential use of the land.
Zoning Bylaw Section 10.31:
- The specific site is in an appropriate location for such a use;
The subject property is located within the R1 zoning district and currently
occupied by an existing single family residence. .
- The use as developed will not adversely affect the neighborhood;
The land use associated with the abutting parcels is single family
residence within the R1 zoning district.
- There will be no nuisance or serious hazard vehicles or
pedestrians;
The driveway will not affect any other resident's access to or use of Dale
Street.
-Adequate and appropriate facilities will be provided for the proper
operation of the proposed use;
The applicant is amenable to conditions on the Watershed Special Permit
to ensure that there will be proper operation of the proposed use
- The proposed use is in harmony with the general purpose and
intent of this Bylaw.
The applicant requests that the Town of North Andover Planning Board
acting as the Special Permit Granting Authority for the Watershed Special
Permit find this petition is in harmony with the general purpose and intent
of this Bylaw
SPECIFIC REQUIRMENTS:
- Engineers Certification:
I, Philip G. Christiansen, hereby certify that the work depicted on
"Watershed Special Permit Site Plan of Land for "158 Dale Street, Map
37B, Parcel 7, " in North Andover, MA" dated July 18, 2013 prepared by
Christiansen & Sergi, Inc. will not, as proposed, contribute to any
significant degradationgf the quality or quantity of water in or entering
Lake 6chic e iek jt
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Pp G. Christiansen',"PE # 28895, date
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Jul 06 1302:26p K McLellan 9786885007 p.1
Abater toAbeler( ) 5t 1g D€Pt ( 1 Conservation ( i Z=nirrg ( )
AEGWREMEM.' um IDA,Sec9Pt I I stares in at'Parties in Interest as used in tea chanter anal mean tee petitioner,
ad.ltre,aerate of land directly eppoedaon any p$de or Ovate way,and 5Iusers 13 abeam wthm
wee renored 4300)teat or era popery Ire of Ine Jedaear as tw acpeir an Ma wow meant ayleable
lax MG nx wfatanGng that tie and at any seen o nr is,xated In arrod or 4ry or:owe me 3ann'.ng
board of lea Soo or tow,and he etannne octant of ay w aaraIg otty tr town.'
SueleOt P'ODerty!
AMP PARCEL Name Address
37.3 7 Kevin McLellan 158 Da'e Street North Andover,MA 01845
Abutters Properties
g Parcel Name Address
37.3 1 Jason Bare 40 Berrington lace North Andover,MA 01845
37.3 3 Jeffrey Neals 206 Dale Street North Andover,MA 01845
37.3 4 Daniel Takesian 198 Cale Street North Andover,MA 01845
37.3 5 George Dyer 190 Cale Street North Andover,MA 01845
37.3 8 Paul Moncevic2 128 Dale Street North Andover,MA 01845
37.3 9 Joseph O'Connell 100 Dale Street North Andover,MA 01845
37.3 15 Mark Woltenden 115 Cale Street North Andover,MA 01845
37.3 16 Felipe Schwarz 40 Sugarcane Lane North Andover,MA 01845
37.3 17 Madelyn Hunt 133 Dale Street North Andover,MA 01845
37.13 18 Kevin Conklin 141 Dale Street North Andover,MA 01845
37.8 19 Terre-Ann Cahalane 153 Dale Street North Andover,MA 01845 i`
37.8 20 David Bradbur/ 58 Appleton Street North Andover,MA 01845 ii
37.3 21 Antonia Boutselis 90 Appleton Street North Andover,MA 01845
37.8 22 Augustine Salvetti 185 Dale Street North Andover,MA 01845
37,5 23 Mark Aide 201 Dale Street North Andover,MA 01845
37.8 24 James Timmons 205 Dale Street North Andover,MA 01845
37.B 27 Stechen Hay 100 Appleton Street North Andover,MA 01845
37.8 32 James Phelan 97 Appleton Street Nort^Andover,MA 01845
37.3 33 Elizabeth Trainor 95 Appleton Street North Andover,MA 01845
37.3 34 Beth Hall Veilante 59 Appleton Street Norn Andover,MA 01845
37.3 71 David Rutter 45 Barrington Place North Andover,MA 01845
37B 72 Ronald Pascucci 10 Glenore Circle Nora Andover,MA 01845 1
37,6 73 Barbara Dysard Caruso 20 Glencre Circle North Andover,MA C1845 f
37.3 74 David Sweetser 34 Glenore Circle North Andover.MA 31845
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7.6 75 Henry Ty 31 Glenore Circle North Andover,MA 01845
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Care 72. 13
?age 1 of
This certifies that the names appearing on the
records of the Assessors Office as of
Certified b1 : / Date 7/31 2
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Residential Property Record Card
PARCEL_ID:210/037.8-0007.0000.0 MAP:037.B BLOCK:0007 LOT.0000.0 PARCEL ADDRESS:158 DALE STREET FY:2013
PARCEL INFORMATION f Use-Code: 101 Sale Price: 740,000 Book: 11149 Road Type: T Inspect Date: 05/01/2009
Tax Class T Sale Date: 04/22/08 Page: 80 Rd Condition: P Meas Date: 05101/2009
Owner.MCLELLAN,KEVIN I Tot Fin Area: 5999 Sale Type: P Cert/Doc: Traffic: M Entrance: D I
MCLELLAN,KRISTINE I Tot Land Area 4.23 Sale Valid: Y Water: Collect Id: RB
Address: Grantor: NOWLAND,MATTHEW Sewer: Inspect Reas: S 4>
158 DALE STREET Exempt-BBL% / Resid-BiL% 100/100 Comm-B/L°% Indust-B/L% / Open Sp-B/L% 1
NORTH ANDOVER MA 01845 i.
RESIDENCE INFORMATION LAND INFORMATION 'i
iStyle: CL Tot Rooms: 12 Main Fn Area: 2426 Attic: NBHD CODE:6 NBHD CLASS:6 ZONE:R2 t'
I Story Height: 2.35 Bedrooms 5 Lira Fn Area 3573 Bsmt Area: 2426 Seg Type Code Method Sq-Ft Acres Influ-Y/N Value Class
i Roof: G Full Baths: 5 Add Fn Area: Fn Bsmt Area: 1 P 101 S 43560 1 000 208 621
Ext Wall: FB Half Baths: Unfin Area Bsmt Grade: FA 2 R 101 A 0 3.230 24.548
Masonry Tnm: Ext Bath Fix: 0 Tot Fin Area. 5999 DETACHED STRUCTURE INFORMATION
`Foundation CN Bath Dual: T RCNLD• 527657 '_
i Kitch Clual: T Eft Yr Built: 1960 Mkt Adj: ,Str Unit Msr-1 Msr-2 E-YR-BIt Grade Cond%Good P/FIE/R Cost Class `s`
I Heat Type ST Ext K tch• Year Built 1800 Sound Value: 81 S 800 0.00 1988 FA FA 508/50 18,500
Fuel Type: 0 Grade: V Cost Bldg: 527,700 SE S 30 0.00 1988 FA FA /50/142 200
I Fireplace: 2 Bsmt Gar Cap. Condition: F Att Str Val i- VALUATION INFORMATION 1
I Central AC: N Bsmt Gar SF: Pct Complete: Att Str Val2: Current Total 779.600 Bldg: 546 400 Land 233.200 MktLnd 233.200
Alt Gar SF: %Good PIF/EiR: /100/100/76 Pr:or Total: 75C 300 Bldg 519.300 Lard: 231500 MktLnd 231 500
Porch Type Porch Area Porch Grade Factor :;
P 256
W 80
SKETCH PHOTO a.
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158 DALE STREET
Parcel ID'.2101037 3-X07-0000.3 as of 7 2.._ Page 1 of 1
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