HomeMy WebLinkAbout20000831 DECISION (2) .awn of North AndoverORTH
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OFFICE OF
COMMUNITY DEVELOPMENT AND S", MWE'SO 0 .
CE BRADS HAW
27 Charles Street TOWN CLERK
North Andover, Massachusetts 01845 NORTH ANOOVER
WILLIAM J. SCOTT I S CHIJ0
Director NOTICE OF DECISIONOOO AUG 3 1 P 1: 26
(978)688-9531 Fax(978)688-9542
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
Clerk.
Date: August 31, 2000
Date of Hearing: August 15, 2000
Petition of Reed Cundiff
Premises affected: 249 Marbleridge Road
Referring to the above petition for a special permit from the requirements of the:
North Andover Zoning Bylaw Section 4.136
soastoallow: to construct a 238 sq. ft, addition to an existing dwelling located within the Non-
Discharge Zone of the Lake Cochichewick Watershed Protection District.
After a public hearing given on the above date,the Planning Board voted
To: APPROVE the: Watershed Special Permit
based upon the following conditions (attached):
Signed
CC: Director of Public Works Alison M. Lescarbeau, Chairman
Building Inspector
Conservation Department John Shnons, Vice Chairman
Health Department
Assessors Alberto Angles, Clerk
Police Chief
Fire Chief Richard S. Rowen
Applicant
Engineer Richard Nardella
Towns Outside Consultant
File William Cunningham
Interested Parties
2,49 Mnrhleridpe.Road—Wntersfiedsneoinj Permit
BOARD OF APPEALS 6889541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
249 Marb}eridge Road
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Reed Cundiff, 249
Marbleridge Road, North Andover, MA 01845, submitted on July 13, 2000, requesting a Special
Permit under Section 4.136 of the Zoning By-Law to allow surface and subsurface discharge of
storm water within the Non-Discharge Zone of the Watershed Protection District in conjunction
with the construction of a 238 square foot three season porch.
FINDINGS OF FACT:
In accordance with 4.133 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 structure is attached to a home which is connected to the Town sewer
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.
d) The limit of clearing is restricted to the minimum necessary to construct the structure
and appurtenances;
2. There-is no reasonable alternative location outside the Non-Discharge Buffer Zone for any
discharge, structure or activity, associated with the proposed project as almost the entire lot
is located within the Non-Disturbance Zone and the Non-Discharge Zone.
In accordapee 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;
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;
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249 Marhleridue Road—Watershed Snenial Permit
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: Watershed Special Permit Plan
249 Marbleridge Road
North Andover,MA 01845
Prepared by: James A. O'Day,P.E.
599 Canal Street
Lawrence,MA 01840
Scale: 1"=20'
Date: July 7,2000
Sheet : 1 of 1
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.
2) Prior to any work on site:
a) A performance guarantee of two thousand ($2,000) 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) Revised plans depicting items listed in the Town Planner's memorandum dated 8/3/00 must
be provided and approved by the Town Planner.
c) The limit of work as shown on the plan by the erosion control line must be marked in the
field and must be reviewed and approved by the Town Planner.
d) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner.
e) 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.
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249 Marhleridue Rnad—Watershed Snecial Permit
3) Prior to verification of a Certificate of Occupancy:
a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The
applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be
submitted to the Town Planner and included in the file.
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 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 copstructed 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 Cgntractor 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
is aa� on which the Special Permit was granted unless substantial use or construction has
commenced.
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249 Marhleridue Road—Watershed Snecial Permit
CC. Applicant
Engineer
File
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249 Marhleridae Road—Watershed Snecial Permit