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Home My WebLink About20050808 DECISION MAR-21-2006 16:36 P.02i06 gCarl, ® Sao i 0 Andover ' (Y 'o C ® t HAW Conimunity Development and Services Division 400 Osgood Street North Andover,M&mwjnwtts 0190 Lincoln Dairy ht jJ .to f_n QdMn&ver Com {: 'Gown PI:Inncr P(978)688-9535 F(978)6W95.92 NQTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk, Date: August 8,2405 Date of Hearings: May 3-July 19, 2005 Petition of Belford Construction,Inc., 1049 Turnpike St t, North Andover,MA 01845 Premises Affected: X49 IVMarbleridge Rostd,North Andover,MA 01845 Map 37D Parcel 16 Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11,& Section 4.136, 10.3 of the North Andover Bylaw for a Watershed Special Permit so as to allow for the splitting of existing 71,309 s.f. lot into two lots, raise-existing;single family home and construct two new single family homes with driveway and appurtenances. Property is located within the R-3 zoning district. At a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit upon a motion made by Alberto Angles 2nd by James Phinney with language as amended,vote was unanimous 4-0, Sued: Lincoln Daley, Town Tanner cc: Applicant Engineer Richard Nardella, Chairman Abutters John Simons, Vice Chair Town Departments James Phinney, Clerk Alberto Angles BOARD OF APPEALS 69&9-141 BULLING 6&5.9545 CONSEIYA,TION 650.9530 HEALTH 698-9540 PLANNING 605-9535 MAR-21-2006 16:36 P.03i06 watersnea blieciai hermit July S,2005 The Planning Board makes the following findings regarding the application of Belford Construction, 1049 Turnpike Street,North Andover, MA 01845, filed on April 1, 2005. The area affected is located at 249 Marbleridge Road in the R-3 Zoning District, Map 37D, Lot 16. The Lots 16-1 and 16.2 were created in 2005 and are subject to the Watershed protection District provisions for lots created after October 24, 1994. The applicant is requesting a Watershed Special Permit to raze the existing residential dwelling and construct two single-family dwelling units,associated driveways,the installation of underground utilities,and grading. Activities will be located within the Conservation.Zone(within 75'),Non-Disturbance Zone(75'to 150% and Non-Discharge Zone (150' to 400) of delineated wetland resource areas in the Watershed Protection District. A Variance was granted on June 17,2005 by the Zoning Board of Appeals to allow the proposed activities to take place within the Conservation Zone. Appendix A 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 makes the following FINDINGS OF F'AC'T; 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 this finding on the following facts; a) The two single-family dwellings will be 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; e) The topography of the site will not be altered substantially; d) The limit of clearing is restricted to the minimum necessary to construct the structures,driveway, landscaping,and appurtenances. e) Certification has been provided by a registered professional engineer that the addition will not have an effect on the quality or quantity of runoff entering the watershed protection district;and f) The construction has been reviewed by the Town's Engineer and with the application of the erosion control and use of organic low nitrogen fertilizers, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick or any wetlands. 2. There is no reasonable alternative location outside the Conservation, Non-Disturbance, and Non- Discharge Buffer Zones for any discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: I I. 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. The proposal has been reviewed by the Town's outside consulting engineer,VHB,to ensure that adequate stormwater controls are in place; 2. The use will not adversely affect the neighborhood as the lot is located in a residential zone; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688.9530 HEALTH 688-9540 PLANNIN G to r All MAR-21-2006 16:3? P.04i06 Wateribed Special Permit July 3,2005 4. Adequate and appropriate facilities are provided for the proper operation of the proposed use.The houses will be serviced by sewer and underground utilities for electric cable and telephone services; 5. 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. The North Andover Zoning Board of Appeals granted a Variance on June 17, 2005 from: Section 4 Paragraph 4.136(CXiiX3) in order to construct two new permanent structures within the Non-Disturbance Buffer Zone; Section 4 Paragraph 4.136(dXiii)(2) to allow changes to the topography within the Conservation Zone; Section 4 Paragraph 4,136(dXiiiM3) to allow vegetative removal within the Conservation Zone; and Section 4 Paragraph 4.136(dXiiiX5) to allow surface and subsurface drainage for the driveway of the proposed dwelling within the Conservation Zone; Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following CONDITIONS: 1) SPECIAL,CONDITIONS., a) 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 for the watershed special permit and/or the Zoning Board of Appeals for the variance; b) Er=osion Control Monitor: The applicant must retain the services of an Erosion Control Monitor to inspect the site during construction activities, specifically during installation of the driveway and Utility connections. The Erosion Control Monitor shall conduct weekly inspections and provide a monthly written report of the site conditions and recommended stabilization measures. Disturbed slopes shall be immediately seeded;and c) The single-family dwellings must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. d) Stormwater management structures must be maintained in perpetuity by the homeowners. 2) PRIOR TO ANY WORK ON SITE., a) A performance guarantee of mute thousand dollars($3,000) 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 necess Conservation Commission, Board of Heal h , and nthe Department ioffPublichWorks and Andover in compliance with the above permits and approvals;and BOARD OF APPEALS 6889541 SUILDINo 688-9545 CONSERVATION 688.953o HEALTF1688-9540 PLANNING 688.9535 MAR-21-2006 16:37 P.05i06 I Watershed Special Permit July S,2005 e) Wetiand resource area boundary flags must be in place and reviewed by the Town Planner. 3) PRIOR TO ISSUANCE OF A BUDLDING PE a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance, 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 Cale; b) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 700 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant, The applicant must then provide this certification to the North Andover Planning Department. c) The Planning Board must endorse the final site plan mylars and three copies of the signed plans and delivered to the Planning Department. 4) PIIUOR TO RELEASE OF TIIIE 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 measures 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 applicam's proposed construction be allowed to further impact the site other 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. S) The provisions of this conditional approval shall apply to and be binding upon the applicant, ifs 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 July 19,2005 on which the Special Permit was issued, unless substantial use or construction has commenced, 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: Site Plan 249 Marbleridge Road ]North Andover,MA Assessors Map 37D,Parcel 16 Prepared for: Belford Construction,Inc. BOARD OF APPEALS 688.9541 BUIL®INO 688.9543 CONSERVATION 688-9530 HEALTH 619.9540 PLANNING 688-9535 MAR-21-2006 16:37 P.06i06 64'i+®u®um Jurc wvau Wnter3hed Special Permit July 5,2005 1049'Turnpike Street North Andover,MA 01845 Prepared by: New England Engineering Services, Inc.. 60 Beechwood Drive North Andover,(CIA 01845 i Scale: 1"=20' Sheets: 1 -4 Date: April 1,2005 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File BOARD OF APPEALS 6®89541 BUILDING 6889545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 698-9535 TOTAL P.06