HomeMy WebLinkAbout201411201252 Wit, 12196 5 F•,-=j 2,7 .548th
179 6-01--:201-21, a 1.2
Town of North Andover
2012 P1 Y 7 P(,-j 1� 2f3
Office of the Planning Department
Community Development and Services Divis 19
via 1600 Osgood Street
CHUS North Andover,Massachusetts 01845
NOTICE OF DECISION-REVISED
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk,
Revised Date: May 7,2012
Date of Hearings:March 20,2012,April
3,2012,May 1,2012
Date of Decision: May 1,2012
Petition of- Stephen Smolak,762 Pale St.,North Andover,MA 01845
Premises Affected; 358 Dale Street,North Andover,Massachusetts,01845.
Assessor's Map 64,Pareal 26 and located In the Residential I Zoning District,
Referring to the above petition for a Watershed Special Pennit from the requirements of the North Andover
Zoning Bylaw,Sections 4.136&10.3.
So as to allow tile construction of a new single-family dwelling,with a driveway, landscaping,utilities,
the installation of stortnwater management system within the 325 foot Non-Discharge Zone of the
Watershed Protection District, and grading and vegetation clearing within the 100 foot Nan-Disturbance
Zone of the Watershed Protection District,
After a Public Rearing given on the above date, the Banning]Board voted to APPROVE a Watershed
Special Permit for the Wateralied Protection District,based upon the following conditions:
.--1—
Le�-'
fnniug Board
ohn Shnons
Timothy Seibert
Michael Colartton!
Dave Kellogg
This is to certify that twenty(20)days
have elapsed from date of decision,flied
without filing of an appeal.
Date--V/.�/fi l
J"A.Bradshaw ATTEST,
Town Clark A True Copy
Town Cleric
358 Date Street,Map 64 Lot 26
Watershed Special Permit--New Single-Family Residence
May 1,2012
The public hearing on the above referenced application was opened on March 20, 2012 closed by The
North Andover Planning Board on May 1,2012.
On May I,2012 upon a motion made by D.Kellogg and seconded by T. Seibert to GRANT a Watershed
Special Permit to allow the construction of a new single-family dwelling, with a driveway, landscaping,
utilities and(lie installation of stormwater management system within the 325 foot Non-Discharge Zone of
the Watershed Protection District,and grading and vegetation clearing within the 100 foot Non-Disturbance
Zone of the Watershed Protection District, under the requirements of Section 4.136& 10.3 of the North
.Andover Zoning Bylaw.The total amount of impervious area to be created is 1,780 sq-$.of-roof area and - - -
2,178 sq. ft.for the driveway. This Special Permit was requested by Stephen Smolak, 762 Dale Street,
North Andover,MA 01845 on February 17,2012. The applicant submitted a complete application,which
was noticed and 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 Appendix A to this decision.
The Planning Board vote was unanimous 4 -0. 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
right, under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk.
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. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) That as a result of the proposed conshuction 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 project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. The final design reflects extensive discussions between the Town and
applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of
the residents of North Andover.
b) The plan has been reviewed by Town Staff and the Town's consulting engineer,Lisa Eggleston,as
evidenced by the letters from L.Eggleston dated March 20,2012 and April 12, 2012. With the
application of the erosion control measures and modifications to the drainage and storinwater
management designs,the consultant concluded that there will not be significant degradation to the
quality or quantity of water in or entering Lake Cochichewick.The site drainage system and stonn
water managenn.ent design are designed in accordance with the Town Bylaw requirements.
Further, adequate safeguards have been provided to mitigate pollutants from entering Lake
Cochichewick through the installation/implementation of the following Best Management
Practices relative to a single-family dwelling:
i) The new dwelling unit plus driveway will create 3,958 sq,ft.of new impervious area. All of
the roof runoff will be routed to an infiltration wells so that the storinwater runoff for entire
roof area of the dwelling unit will be infiltrated.
ii) A portion of the new driveway will consist of pervious pavement.Deed restrictions will be
required regarding maintenance for the driveway.
2
356 Dale Street,Map 64 Lot 26
Watershed Special Permit—New Single-Family Residence
May 1,2012
iii) The applicant will install Town of North Andover Wetland Markers at the northern and
eastern edge of the limit of clearing,as shown on the Plan.
iv) Tho applicant will minimize the creation of lawn area and the clearing of existing vegetation,
The applicant will also provide,a landscape plan that will include identification of]awn areas,
planting arens, areas of tree clearing and a list of proposed native plantings, including
proposed trees.
v) Fertilizers are limited to those which are either organic. or slow-release nitrogen and
phosphorous free. This restriction will be noted on the deed.
Tc) The Natural Heritage and Endangered Species Program(NHESP)has determined that the project as
currently proposed will not adversely affect the actual Resources Area Habitat, according to thew
letter of April 25,2012.
d) The existing structure is connected to the Town sewer and water systems,
2) The lot was created prlor to January 9, 1957 and is thus granted limited grandfathering exemptions
from dimensional requirements and is not subject to the Watershed Protection District zoning changes
made in 1994.
3) There is no reasonable alternative Iocation outside the General, Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
4) In addition,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 all feasible storm water and
erosion controls have been placed oil tine site;
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
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;
c) 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 find ings,the Plaiming Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1)permit Definitions;
a) The"Locus"refers to the 64,487 sq.ft. parcel of land with frontage our Date Street as shotivn on
Assessors Map 64,Parcel 26,and also known as 358 Dale Street,North Andover,Massachusetts.
b) The`Plans"refer to the plans prepared by Engineering and Surveying Services,dated February
16,2012,revised on March 27,2012,entitled"Site Plan,in North Andover,358 Dale Street,Map
64,Spot 26".
3
358 Dale Street,Map 6d Lot 26
Watcrshed Special hennit--New Single-Family Residence
May 1,2012
c) Tito"Project"or"358 Dale Street"refers to the construction of a new single-family dwelling,
with a driveway,landscaping,utilities, the installation of stormwater management system within
the 325 foot Non-Dischnrge Zone of the Watershed Protection District,and grading and vegetation
clearing within the 100 foot Non-Disturbance Zane of the Watershed Protection District..
d) The"Applicant"refers to Stephen Smolak,the applicant for the 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 owger,
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) Prior to the endorsement of the plan;
a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
i) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free,
ii) The porous pavement portion of the driveway shall be cleaned using a vacuum sweeper and it
shall not be seal-coated or otherwise covered with non-porous material.
b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission,
4) Prior to start of construction or Site Work:
a) A perfonnnnee guarantee bond of four thousand dollars ($4,00000) made out to the Town of
North Andover must be. posted to insure that the construction, erosion control, measures, and
performance of any other condition contained herein will take placo in accordance with the plans
and the conditions ofthis decision and to ensure that the as-built plans Nvill be submitted.
b) The applicant shall designate an independent Construction Monitor who shall be chosen in
consultation with the Planning Department staff. The Construction Monitor shall submit weekly
reports during the entire duration of the project and must be available upon four(4)hours notice
to inspect the site with the Planning Board staff: The Planning Staff may reduce the frequency of
reports upon roview of such a request from the applicant.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department, Wetland markers will be located at the northern and eastern
edge oftho limit of clearing,as defined on the Plan.
(1) Three(3)copies of the signed,recorded plans and the decision must be delivered to the Planning
Department.
e) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan, The
Planning Staff must be contacted prior to any cutting and or clearing on site.
4
358 Dale Street,Map 64 Lot 26
Watershed Special Permit—New Single-Family Residence
May 1,2012
f) A pre-construction meeting must be bold with the developer,their construction employees,Planning
Department and Building Department(and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
g) A constivotion sequencing plan shall be provided, showing the construction phasing of the porous
pavement.
5) Prior to the issuance of a building Permit:
-- a) A landscape plan must be provided, showing the location of new lawn area, location of planting
areas and a list of proposed plantings,which should be native species.
6) 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 structures and other
pertinent site features. This ns-built plan shall be,submitted to the Town Planner for approval and
must be. provided in paper form as well as in OF (Standard Digital Pile) format. The as-built
small also provide a calculation showing the increase in impervious area. The applicant must
submit a certification fi-on 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.
7) No open burning shall be done except as is permitted during burning season under the Fine Department
regulations.
8) Tile Contractor shall contact Dig Safe at least 72 hours priorto commencing excavation.
9) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
10)This Special Permit approval shall be deemed to have lapsed May 1,2014(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.
11)This decision must be filed with the Noah Essex Registry of Deeds. The following information is
included and attached as part ofthis decision:
a) Plan titled: "Site Plan,in North Andover,358 Dale Street,Map 64,Lot 26"
Prepared for: Stephen Smolak
762 Dale Street
North Andover,MA 01845
Prepared by: Engineering and Surveying Services
70 Bailey Court
Haverhill,MA 01832
Scale: 1"=20'
Date: February 16,2012 and revised March 27,2012
5
358 Dale Street,Map 64 Lot 26
Watershed Special Permit—New Single-Family Residence
May 1,2412
Sheets: 2
b) StoimtivaterRepot•t
Date: February 17,2012
c} Letter from the Division of Fisheries and Wildlife to the North Andover Conservation
Commission
Dated:April 25,2012
ec: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
6
LEGEND
,
tr � lei
N/r' PERM
oav$oz7a + `�+3/- -fL
® mass NAAW u � A±c
a oramr rvu
\ !ww r Aa7LYD J7I0
AREA-: 48 ACRES `� `�-� araa
\ _ AREA=64,487 S.F.
\\\\ \ N/1- OANANY LOWS MAP` 1" 1,000'
ElEVAMNS TAKEN FROM NORM ANDOVER SEMER DARIN
DW DOW 3370 PAGE 98
PLAN 7344 R COUNTY Lt7OUT OF DALE ST.1060 \\ \ \\ \ \ \ \ W7LMW DELMMm m
��•^ ////////�//�,r//� ,\\ \\\\\\\\\\\\\\\\\ M1t.ra� at18AtWARr CEN9A)t10
{ \ \ \ \
\\\ \\\\ >A
NIP ROOMS
$
N/r PMEL
l l
/ / •� / \
/ \ \ \ 1 \ \\` \ \ twat
\
EXISTING CONDITIONS
PLAN
jy
\ ,ertmrr NORM ANDOVER, MA
...R4L4te........ _._.,._......prn�m'
E T ^' ESN OFM, am Jam r m wts mom 11-Jr
an am filaw
�.NDALE STR �.�� src'ya M>M
ate, ,rUnu» v,�OWE` �� STEPHEN SMOLAK
t aim bA� r a 9 t8oE y J%37lam!A
1s ZNCUNIAM AND Bl/ M7NG BIAYJC�B
2wr(art)W&4$"
TA&Z OP NOTES:
nAG u MING R£QUJAJutswrS
>r:AMV snwr I' TOM D',im r!,a w RAMS
N/r ROWNS +Ua W S M00 SnM PLMt AD K NWO MWG GO+MXMCK
Q r AM7tSarsRM lmeaa —urtJ• s•I !R� _
N PMEL \ AEWSUD. A PV&V*Mt R i". FARR XC.0,oV9¢p
+ ar dal" Naar a♦ SAP Sr. H.,.M Sr N.ar sr _
` AAi fL sa rpT Areks+sG Artm n a ry !rS R aAx R +` KD PlOw M Diar fi1MJ. NarM AAWKp War 4
lb..$. \ raavr ose xa-rxa7r >e n, >a n aP n
—�.�tN'••"•—,•�.,� Sfat rlss' x •pNiT Ism m R _ S r�l= FILL SIAM A PESF4M�iM1RW rK St9'iCDDi
.WtML=k IM W CONPt
A.a rrA sN8•aa SfA-AGAaT m R. »n aaa n 6 STStR r9 GC CDSr=tm PM 1DW v MAM AMpDYw
\ LOT,26 'a asr Ka- m n »n r A n 99OaICA"On
7Gr Kafar a irr03 br Ae r •R "'�^�., ..,A-'�.
.t 7 W Mt MMIff iD MY tA06GRD M TOM W"M ANWOCY
AREA=1.4 ACRES
sPr�IGAApDrL
a..o " \` AREA_64_487$ \ rue aA a ax ca0 ZPARA war VAIP ALL CALL"
LEGEND M- nr AM L C OrCAJ= ar Cxtwc
1 ' \ , 1 ac-sArt ntn cDCU.vruras,
+ �� '� P �'•'� �!SlYXG cvNrpvA S ALL SM KM MIST C0 fPtr WM pC rMOM MXWT TO W
�, +..•..`` \\�\ srrSA AuarAatt OMMM DY DC TORN Or HMM MVM PLAASNK DoAM
~ _•'^••~`'•.`\ \\ `\ na uM DttJm P= ra DC F#wa p smictuRL 6 mr EOCA$D w DK now zac
f n rrRwIpp PAaac Ls caArFD Wnnr pa Ale Fpor NtW-
*a,we i•,•u+' M o'pAi tEASKD PRDIECpO+LPSASCt,
macro+Ar*O MME
ta.w+a sale. 1, `� -. IS
srMSaxee.AU ', ��� ,�,''' �,��,..�... .,a\�\\•`\\\\\ � AYDFJNr .��At MM PAW urout lass
_ •` \ \ PImP
TRAP LPNS
—J `' .•^ `.`# '"` \ \ \ \ \ t3 IdMwo 9-A'EDAM r'DD of tAAJ AACA SMAalBS ARE
\ \ \ ruG r rrur"PR' H K JRONt aF JNE NafLQ.
cswt•ar w // / If �.� �''��"�`\\`l\\\ \\\ \ YAPft TAU
r...w.c wsP:.Mr asna..oi..Prot 6�' —!t t ty „'c• i \ \ \ \1\ \\\\ \\ SAMAt ARBANYTTAr ,,;,,•.
roat•Nts Ctw... 6
EEACHlNG CHAUSERS / / �IMa�,�yac\ \ \ \ \\\\\ \\\\\ :- SP%M"If flat" b',rh GwI, srAAG
•cONTRACTOR� a0-'"ep EITEC ~°a / / s cy,7 d r \ \ \ \ \\ \ \1 1 nAS r Ara assn accomo GM AP rr ma
rAm spa= TO%flwm ws
tN'SAW" h+' d"-
am�aaas AAMAXAM CA+NBFARr ..-.,
uua.1h.M D c NNW.u"...or
NfF DANANY W(AMT.
1 ; EROSION CONTROL
■ 0 0
c e .AU 1%Ntt7 \ 1 1 11 1 1 M6UM RMAco or 7 FENCE
m A"It..2012 'xc K AN xmc
11 \ ♦\ \\ rJos
N/P PERKEL
(�1it'�'JJi .�l� / rsms+rsca yr srouac He,ix f/ a" "H s p\\\ 1j 1 1 1:1 'k.
�w..,�.;,�.s.ri...-..,r.. rn®swaw+aria .•Pw.e /� t• �f�S t''�'� `\1\ \ \ �'\`\;tt`.,,+
�.It°in'•'wa"m.mc ��aux-�. ' I r l` \ ��\\ � _
I J +1
SITE PLAN
+
f a ass
��Arcr
A-7", �irx'w aa `Ata e L 7asn
NORTH ANDOVER. MA
- - - - - - - - - - - - - - — — - - -
ssra=rmmar
.• wP& far as
-r I e.nsY t».r rI a wr w+lal'a+r aim raamnr to,nos nast to.Ar
G 7 N bRAtl1�OMe C�.Mf a awlaU'W�•atr ASrfalst WAGS s6 idis
r a rAAeMP LMH Gau,kMaitl PR rAms rSR'
eAUSa rn srovE rx ffA 0 �' JASV mwre woull STEPHEN SHOLAK
,n
GAAP=scas MSPAM0 are
DaKwr a
s s +. a �u r`th"'•+• ° 't'!l' $NGtL'70 JUM 6 nw.StJRYS17NC SBRVJCJ<S
Ts atDrr ivQSr.)"&4 L W.srSMs
rw tarsi r++-aF++
1 r.m M OIVL�D7Ddr tArES is67 S YAMTA7QD Scaea QOI SOSKpDi PADFESSiDVAI EN[BiEEp MAT S Dr S
TABLE OF NOTES:
rtAP rt+ 20NING REQUFREMENTS
m tAer rmtf 6 KR NIVIN NVO X SM PLANS
X/F RoS&NS tue fY } gYq gspVg ffi t�ASprp Camsym claw
D fi �.� A9mrurtrr Anttfta' atr rtht r-r rrr®
ArP(ttnm• Urntn 3 Mtl+riW DRASt 9Wt ffi AV 1Lr,G ON CAV4KAi
N/F f+£RKft \ urxrauu for Srte° e.,.Ar J F s aoe rr rPP sr. e..m sr A Olr AA TOW r FAOOC MAR
12M Nx tAT FAO ACP —fP!T' >o£r �rS R MAeo tr 4 AVarrw F"mr�t xa Or Al"• •fi r ffi
�. {F FAPNT TAAn
./I.Y tlxr Y? aP rf arra r! ®�FOR �a t p(
r i Anc,G1CX/fit FG1t KA' (FmQ i/S MgtC7A7f
x a-nd r tr na R AUJINFRMD BUN P{RUNAL
"" —•^ ttar eLt AuR rAnn WA-tA— 9P!! 70!T o�P R. A,ma mwm iD ar omocc 2 I&low(r AO IR Awwoz
7.AU QR SMVXC W LK COMMI O RR VZON O'WBIW AMWKN
\ —
AREA=?.a:.ACRES � __ � .tom�vrKUrmwamarPauanrnmanasraurawrenroamsa frr
Be at�ti
\ @,
�wxs` r,,,F,a O..rr¢ `�'°•--•.. ——._—»z= \ '� WJWAC Sf%WY ALL VTIU=
AREa=64,48 P° SG O START C EXCAVA—Or CALLOW
LEGEND rJC-sna AND LWUL uru,=ts
8 ALL =SITE(ter NDOr CDU N m BE P SPECIAL F AG m�
rrrsrtw commt O4JAt7ID°Y 7!K 7°rN Cr Mitt.a$7O1&F 3AVMOlO OaCRa
m a j ;sr -- + i •� \ \\ \\ _ La aE SiRAIM K NOT LWAIM Of INC FLOOR ZONE,
_ •~+• " �. \ \ \ ttAC NA L= SAEYER NARROW 17 Rt€tN12R PARCEY O LIICAtED}1°Ot Oif>TS FOOT NaY>•
^p / �_^+�'•1�` •�\\\\ \\ \ Ot1LT•1948 Rf.OE tZO9E Or'AS WAZflFIFL tRORCfOH ffiIACT
mall 2
Y3TiAX8 I/AO ftl Sam BAN AIM PAM s
4rNrS ntu4.snr >r `. f..' .� •'O \ It"7344 2 COLINT'LAVWf LOBO
.�.••.• / `.d• \ \J\\\1 \\\ +��' Ia ONAOB 9'yr Law FM ALL unH Affi4 aaFUBS ARE
` — + PROP Tarr uxr i N nmur OF OK Nook
aArr•ms u,, ..s :z R a pc t a.irx✓�urr..w x tarirar l•yam r�ax.oa.r qy,i. —�,!I/f �'////'.•M3�i•//i...+\\\\\\\\\t\t\\\\\\\\\\\\1 thRMO 9 0RO AD EQUAL
SBAVB s
LEACHMG CHAMBERS / \\ 'ae°-°v�r,K s. exR sac sr wit
coHrHhcr oo nr c(n Tec a �� . r \ \ 1 \ ♦ t 1 \\ SASIais�IT�m c�wss BY to Mnuw
/ ` DD d+ns
1 # y\ \ J \\ 1 \ \\\\\\\\ JAIStAST it.707r
)LAO rA
/ / \ N/F OANANY
r+.a,a>� >A,m o,�a��.Prs _ ,l \ v ice*. LL \\ \ \ \\\ •-O 9 iesrt s M
1 2 ,nrkt:+°°faR \ \ \ y\ tsAr a UxD5tU98(D L%ll l mm A rnADM(tY
IN rMw
EROSION CONTROL
SLT FENCE
NORTH ANDOV�NtNG BOARDj//
IV ROBBIN NJf' PERKEL
\'4b
/al/!/ll
rwn mrsys.r ear uan r mF�" $\ � � \ y � \�4•\ \ '4+ � \ rW rA
rsrN,a t� yp—tea, / ♦ \ 1 \\\
SITE PLAN
L NORTH ANDOVER. MA
— — — — — — — — — — — — JOB DAU gmzr
ww.war / xw AN Lar so
L.m rrrOMr m intt jcAM,t'.Or
T v Aa:»P qai�4.A000MCn°V T et wW6 on a m AHAra PaCPARdo MA
c�us++ra srcv ni rR D A' L E Pose ma"�7) E STEPHEN SMOLAK
aRAPFOC leCAld �� rASPAASO 8p
P asDOW xsr oltisrta rs•'••t,j� EN67NEERtNC AND SURVEYING SERVICES
w st ur COAL MMAA&ANA,n,AM
SAL"r r a S
akNrO Std['HL1IR YVBf 86 WWtAOQO DlMlrt•�xrtM124[ PRDFCS51tgtu.ENGINCER