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Home My WebLink About20170606 Decision - Decision - 102 SOUTH BRADFORD STREET 6/6/2017 Town of North Andover RECEIVED (� Office of the Planning Department ►0 ' � [I-ERK'S [iFF Kf'E Community & Economic Development Divi jffl 120 Main Street .� -$ �H 3*- 40 North Andover,Massachusetts 01845 TOWN 0 NOTICE OF DECISIONNORTH ANDOM WATERSHED DISTRICT SPECIAL PERMIT l NQS CCN 8J T This Is to aw0y that twenty(2o)day!,, have elapsed from date of decision,fiie:i Any appeal shall be filed wlf W +fain=f n a ai. ) within(20)days after the Joyce A.Bradshaw date of.filing this notice in Town Clerk- the lerkthe office of the Town Clerk Date: June 6, 2017 Date of Public Hearing: April 18,2017,May 2,2017,June 6,2017 Petition of. Greg Penney 102 South Bradford Street North Andover, MA 01845 r Premises Affected: 102 South Bradford Street(Map 103 Lot 32) North Andover,MA 01845 Referring to the above petition for Review of a Watershed Special Permit, according to the requirements of the North Andover Zoning Bylaw, Sections 4.136, 10.3,and 10.31 and MGL C.40A, Sec.9 So as to allow the construction of a 440 square foot addition and a 168 square foot screened in porch off of the existing home m the Non-Disturbance and Non-Discharge Zone. The project is located within the Residential 1 (R-1)Zoning District. After a public hearing given on the above date, and upon a motion by Lynne Rudnicki and a 2nd by Aaron Preston, to APPROVE, as amended, a Watershed Special Permit with the following conditions imposed on the project by a vote of 4 in favor and 0 against. i On b half of the North Andover Planning Board John Simons, Chairman Lynne Rudnicki Peter Boynton Aaron Preston,Associate ATTEST: A True Copy Town Clerk 102 South Bradford Street Watershed Special Permit June 6,2017 Page 2 of 5 The Public Hearing on the above referenced application was opened on April 18, 2017 and closed by the North Andover Planning Board on June 6,2017. On June 6,2017,upon a motion made by Lynne Rudnicki and seconded by Aaron Preston to APPROVE, as amended, a Watershed Special Permit to allow the construction of a 440 square foot addition and a 168 square foot screened in porch off of the existing home in the Non-Disturbance and Non-Discharge Zone. The project is located within the Residential 1 (R-1)Zoning District. This Special Permit was requested by Gregory Penney, 102 South Bradford Street,North Andover,MA 01845 on March 24,2017. The Applicant submitted a complete application, which was noticed and reviewed in accordance with Section 4.136, 10.3, and 10.31 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. 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) The project is located within an extremely environmentally sensitive area and in close proximity to Lake Cochichewick and/or a tributary to the Lake, the Town's sole drinking water supply; however, the final design includes the implementation of Best Management Practices that reflect 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. 2) The proposed project calls for roof downspouts with a screened pipe cap to prevent leaves and other debris from entering the system. An overhead scrubber has been provided as part of the downspout which will direct overflow onto the pervious lawn area to promote further infiltration and reduction in runoff. The proposed work is located within the Non- Disturbance Zone and Non-Discharge Zone of the Watershed Protection District. The project has been reviewed by the Town's Stormwater Review consultant, TEC, and with the application of erosion control measures and modifications to the stormwater 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 stormwater management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. (See memo from TEC dated March 29, 2017 and email dated April 3,2017.) 3) The previous owner of the house received a Watershed Special Permit on May 18, 1999 that allowed the construction of a second floor addition and to obtain an after-the-fact approval of an in ground pool. Additionally, as part of that Watershed Special Permit the previous homeowner received a Special Permit from the Zoning Board of Appeals on May 11, 1999 to exceed the allowed 25% expansion of the gross floor area of the dwelling as allowed by the North Andover Bylaw in 1999. 4) The Watershed Bylaw was amended in 2006 to add new provisions under Section 4.136.3.c.ii(6)that became the basis for this permit. 102 South Bradford Street Watershed Special Permit June 6,2017 Page 3 of 5 5) In accordance with Section 4.136.3.c.ii (6), the addition will expand the gross floor area of the structure by less than 50%. (See Donald Belanger,Building Commissioner, determination letter dated May 15, 2017.) 6) The specific Site is an appropriate location for the proposed use and structure. 7) Because of the unique characteristics of the Site the use as developed will not adversely affect the neighborhood. 8) There will be no nuisance or serious hazard to vehicles or pedestrians. 9) Adequate and appropriate facilities are provided for the proper project. 10) The lot went through an ANR process in 2003 and therefore the lot was created after 1994 and is subject to the Conservation Zone,as described in Section 4.136.2.,Table L 11) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free, non-organic pesticides and herbicides use are prohibited,and the use of coal tar-based pavement sealants is prohibited.There is currently a deed restriction recorded at the Northern Essex Registry of deeds placed on the property in 1999 to this effect. 12) There is no reasonable alternative location outside the General,Non-Disturbance,and the Non-Discharge Zones for any discharge,structure or activity. 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: 13) Permit Definitions: a) The"Locus"or"Site"refers to the approximately 1.37 acre parcel of land on a portion of Assessors Map 103,Parcel 32 also known as 102 South Bradford Street,North Andover, Massachusetts. b) The "Plans" refer to the plans prepared by The Morin-Cameron Group, Inc. entitled "Site Plan of Land in North Andover,Massachusetts 102 Bradford Street(Assessor's Map 103,Lot 32)", dated March 20,2017 and revised to May 2,2017. c) The "Project" refers to the construction of a 440 square foot addition and a 168 square foot screened in porch off of the existing home in the Non-Disturbance and Non-Discharge Zone on the Locus as shown on the Plans. The Project is located within the Residential 1 (R-1) Zoning District. d) The "Applicant" refers to Gregory Penney, the applicant for the Watershed District 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. 14) The Planning Director shall approve any changes made to these plans. Any changes deemed substantial by the Planning Director would require a Public Hearing and Modification by the Planning Board. 15) The addition is 440 square feet of GFA,the existing GFA is 1,872 square feet.Under the current North Andover bylaw,the Applicant shall only be allowed to expand the GFA by 496 square feet for any future GFA expansion. 102 South Bradford Street Watershed Special Permit June 6,2017 Page 4 of 5 PRIOR TO ANY SITE WORK/ISSUANCE OF A BUILDING PERMIT 16) A performance guarantee bond of four thousand dollars ($4,000.00) 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 place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. 17) In consultation with the Planning Director,the Applicant shall designate an independent construction monitor. The monitor shall read, sign, and return to the Planning Department the Letter of Agreement for Independent Monitors. Upon the start of site work the monitor shall make weekly inspections of the project (any suspension in monitoring due to inactivity on the site shall be pre-approved by the Town Planner), provide monthly reports to the Planning Department, and detail any areas of non- compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to inspect the site accompanying a Planning Department designated official. 18) All erosion control measures as shown on the plan must be in place and reviewed by the Planning Staff. 19) The use of coal tar-based pavement sealants is prohibited.In addition to the Covenant that was previously recorded in 2000 concerning the use of fertilizers,the Applicant shall incorporate this condition and Decision as an amendment to an existing Deed Restriction,dated April 5,2000,and recorded with the North Essex Registry of Deeds in Book 5718,Page 88,and a copy of the recorded amended Deed Restriction shall be submitted to the Planning Department and Building Department,and included in the file. PRIOR TO RELEASE OF THE PERFORMANCE BOND 20) 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 as-built plan shall be submitted to the Planning Department for approval.The Applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. 21) The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved plan. GENERAL CONDITIONS 22) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 23) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 24) 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. 25) Pursuant to the North Andover Zoning Bylaw Section 10.31.3, this Special Permit approval shall be deemed to have lapsed June 6, 2019 (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 102 South Bradford Street Watershed.Special Permit June 6,2017 Page 5 of 5 commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 26) This decision must be recorded with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Site Plan of Land in North Andover,Massachusetts 102 Bradford Street (Assessor's Map 103,Lot 32) Prepared for: Gregory Penney 102 South Bradford Street North Andover,MA 01845 Prepared by: The Morin-Cameron Group,Inc. 66 Elm Street Danvers,MA 01923 Scale: 1"=2W Date: March 20, 2017 and revised to May 2,2017 cc: Applicant Abutters �( I v SOIL LOG CAWXARTBBFAMILY Z ID]IRREWCABLE ifl. MlpEllf.YAMRN BROWN A r F 50.BAA—SL 49 MROAD LAI¢ RATE PERWRLIEO:MPACN E..11 p6 84- �. COCHICIIFMCK p@FAIRED BY;M,,MOER,PARKER,BE FRIE BB_ Fla TP 17-1 / � � t APPflOX IN1@WITtENi ELEV.=100.] LIMIT OF BOADEHNC rn / YECEFAim WEMNO _ STRE ARENi �SWFAN(TYP.) --AL\ 4I�\ STREAM Locus AAPcIBm50.a �..\ �.uDNcn+Eweu �AD A;,+- ��"�° s=.s.A'�. O IUz "Re �T 4AOE°RAN EASENFJR $.y / 9D/ AS " U a ° •^` gy gg 2jf I L�.iImF / LOCUS MAP W ///axu s�D\.. _ // ''\ // off'. n.•F•r-tow's ...�....W..� (OAC.) .� s3H= 9 f /g RXI nNG� ��ME / - N/F EfZFWq GENERAL NOTES• RECORD OWNER ry, \'.. s .T HERBERT A TxaMAs i. PRE,ERtt NNE INFOPNATON ANO THE EXISTING C.01. GREGGRY SCOTT PFNNEY r EgSTNG SNFDS O@ICIED HEREON IS THE RESULT OF AN ON-THE-GROUND REED BOON IJ9LT,PAGE 11] (--� — '� _ERN CIN£ NSTRUMFNi CURVET PEAFONAw BY tfHLANC SLflVEY A5565%t5 MPP TOZ,J2 G/ / "��— 98�..//' / ASSOCIATES,ING IN OCTOBER S. 2 UNCEAGflOUNO CRUTY WFORMARW AND LOCARIXIS WERE D��' ` ———— / B\ n •.—...`'Fl i� / 100 / @a NOT AVARABIE AT THE TIME OF So—LwADOHS E, E AVCNS HEREON REFER TO AN ASS IME)DAVM. ALL UTLTE,5 9iWLD BE CONFIRMED PATH THE PRO`Noo PRIOR TO THE COMMENCEMENT OF ANY SITE PLAN REFERENCES, �'�H Arzx qq —— pj1 fXIS m WOR,THE CONRIACFOR MUST CONTACT THE APPRCFRATE NORM DISTRICT ESSEX COUNTY REQRrRY E,REEDS Q a/ a `Aim.CAN nNG 11fi't 5 COW Mn Pq< (FIRST GWNc Ag CoUTY COMPANY,ANY GOVERNING PFAMIIRNG AUTHORITY, PLAN 19)0 �i W Bli.GONG CAIVFWA Y FlA=9J8 AND'OIGSAFE AT LEAST 72 HOUR PRIOR TO MY .��, _ TOTA O `sJe'3 ESC AVAR ON WORK TO KOI M WCT FIELD LCCARON OF MINIM I ^ Iron PIPs L URUTLS. Z NIS O / / 8 \ // O Fnd I,B)e gf RESIDENCE I ROT \ //z 102 / ( ) ) • WATERSHED PftOiECRW IX$THGT WERAND PE9XRCE AREAS OEllNEA1CO BY w£IUNOS AND / BXISBNG d1INTR5\ E. 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