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HomeMy WebLinkAbout2012-12-20 Planning Board Supplemental Materials Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE 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: November 20, 2012 Date of Hearings: October 16 2012, November 20, 2012, Date of Decision: November 20, 2012 Petition of: Rose Sandoval, 171 Brentwood Circle, North Andover, MA 01845 Premises Affected: 171 Brentwood Circle, North Andover, Massachusetts, 01845. Assessor’s Map 64, Parcel 42 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136.3.c.ii.6& 10.3. So as to allow the installation of an inground swimming pool, a concrete deck and patio and associated grading and utilities within 100 feet of a wetland in the Non-Disturbance Zone and the Non-Discharge Zone of the Watershed Protection District. APPROVEa Watershed After a Public Hearing given on the above date, the Planning Board voted to Special Permit for the Watershed Protection District, based upon the following conditions: Planning Board John Simons Richard Rowen Michael Colantoni Lynne Rudnicki Lora McSherry Dave Kellogg 171 Brentwood Circle Map 64 Lot 42 Watershed Special Permit – Construction of Inground Pool & Patio November 20, 2012 The public hearing on the above referenced application was opened on October 16, 2012 closed by the North Andover Planning Board on November 20, 2012. On November 20, 2012, upon a motion made by X and seconded by X to GRANT a Watershed Special Permit for the installation of an inground swimming pool, a concrete deck and patio and associated grading and utilities within 100 feet of a wetland in the Non-Disturbance Zone and the Non-Discharge Zone of the Watershed Protection District. under the requirements of Section 4.136.3.c.ii.6 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Rose Sandoval, 171 Brentwood Circle, North Andover, MA 01845 on September 26, 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 this decision. 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 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 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 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 construction has been reviewed by Town Staff and the Town’s consulting engineer, Lisa Eggleston, and with the application of the erosion control measures and modifications to the drainage and 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 storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. The plan has been reviewed by the outside consulting engineer, Lisa Eggleston, as evidenced by a letters dated October 16, 2012 and X, 2012 and email correspondence from Norse Environmental Services dated October 23 2012. 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 project will create approximately 2,100 sq. ft. of new impervious area that will include the pool and the pool deck. All stormwater runoff will be routed to an infiltration trench that surrounds the pool and the pool deck and the trench has the capacity to store and infiltrate all stormwater runoff. 2 171 Brentwood Circle Map 64 Lot 42 Watershed Special Permit – Construction of Inground Pool & Patio November 20, 2012 ii) Best Management Practices (BMP) will be followed with regard to maintenance of the pool, as stated in the document titled “Swimming Pool Maintenance Requirements, 171 Brentwood Circle, North Andover, MA, dated October 19, 2012, provided by JM Associates, North Reading, MA.” These BMPs includes maintenance of the infiltration trench, proper storage of chemicals and de-chlorination of the pool water before discharge. Discharge of pool water into the town’s stormwater management is strictly forbidden iii) The limit of work has been marked on the plan to be as close to the proposed construction as possible. No new lawn areas will be created. iv) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. c) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The lot was created before 1994 and is not subject to the Conservation Zone, as described in section 4.136.2. Table 1. d) The existing structure is connected to the Town sewer and water systems. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non- Discharge Zones for any discharge, structure or activity. 3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board FINDINGS OF FACT: makes the following 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 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; 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 SPECIAL CONDITIONS: 1) Permit Definitions: a) The “Locus” refers to the 57,800 sq. ft. parcel of land with frontage on Brentwood Circle as shown on Assessors Map 64, Parcel 42, and also known as 171 Brentwood Circle, North Andover, Massachusetts. b) The “Plans” refer to the plans prepared by JM Associates, 325 Main Street, North Reading, MA 01864, entitled Proposed Swimming Pool 171 Brentwood Circle North Andover, MA 01845. c) The “Project” or “171 Brentwood Circle” refers to installation of an inground swimming pool, a concrete deck and patio and associated grading and utilities within 100 feet of a wetland in the Non-Disturbance Zone and the Non-Discharge Zone of the Watershed Protection District d) The “Applicant” refers to Rose Sandoval, the applicant for the Watershed Special Permit. 3 171 Brentwood Circle Map 64 Lot 42 Watershed Special Permit – Construction of Inground Pool & Patio November 20, 2012 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) 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. b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. Prior to the start of construction or the issuance of a building permit: 4) four thousand dollars ($4,000.00) a) A performance guarantee bond of 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. b) The applicant shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning Department and Conservation Department staff. The 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 review 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. d) A pre-construction meeting must be held 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. e) No new landscape or lawn areas are to be created. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. Prior to release of the Performance Bond 5) : 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 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. This as-built plan shall be submitted to the Town Planner for approval. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4 171 Brentwood Circle Map 64 Lot 42 Watershed Special Permit – Construction of Inground Pool & Patio November 20, 2012 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) 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. 8) This Special Permit approval shall be deemed to have lapsed November 20, 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. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: “Proposed Swimming Pool 171 Brentwood Circle North Andover, MA 01845 Prepared for: Rose Sandoval 171 Brentwood Circle North Andover, MA 01845 Prepared by: JM Associates 325 Main Street North Reading, MA 01864 Scale: 1” = 40’ Date: September 25, 2012, revised, October 11, 2012 and October 22, 2012. Sheets: 1 cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 5