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Home My WebLink About20180906 Decision - Decision - 31 JOHNSON CIRCLE 9/6/2018 15- 6,33 '4- Town of North AndWe't A Office of the Planning Department SEP Community Development and Services Division Pi'; 12, Le 120 Main Street North Andover,Massachusetts 01845 NOTICE OF DECISION WATERSHED PROTECTION DISTRICT SPECIAL PERMg. Is to ow0y ftt wwnty(20)days have elapsed Ornin date of decision,filed Any appeal shall be filed without fAng of an MLA�, I within(20)days after the Date J _ date of filing this notice in Toyou A.&�haw wn Owk the office of the Town Clerk. Date: September 6,2018 Date of Hearing: August 21,2018,September 6,2018 Date of Decision: September 6,2018 Petition of: Denise Favorat 31 Johnson Circle North Andover,MA 01845 Premises Affected: 31 Johnson Circle North Andover,MA Assessor's Map 97,Parcel 62 Referring to the above petition for a Watershed District Special Permit, from the requirements of the North Andover Zoning Bylaw Sections 4,136, 10.3 AND 10.3 land M.G.L.c.40A,See,9, So as to allow the addition of a 141X161,four season finished sunroorn and 101X101 deck with portions of work in the Non-Disturbance Zone and the Non-Discharge Zone of the Watershed Protection District.The project is located within the Residential 3(R-3)Zoning District. After a public hearing given on the above date,and upon a motion by J.Simons and 2nd by J.Luz to APPROVE a Watershed Special Permit and based upon the following conditions. Vote was 5 — 0 in favor of the application. On behalf of North Andover Planning Board Eitan Goldberg,Chairman Peter Boynton Af V T K 1.4t Aaron Preston A Truo COPY E,-;'8L_-X NOFfl+1 FUL-GISTRY OF DL-EDS John Simons Jennifer Bums Luz L AW R E�]CE, MA' 8. Town Clark ATRUE COPY- KI'TEST: REGISTER OF DEEDS Bk 15633 Pg2 #23857 31 Johnson Circle Map 97,Parcel 62 Watershed Protection District Special Permit Page 2 of 6 The Public Hearing on the above referenced application was opened on August 21,2018 closed by the North Andover Planning Board on September 6,2018, PROCEDURAL MSTORY 1) An application for a Watershed District Special Permit was filed by Denise Favorat,31 Johnson Circle,North Andover,MA 01845. 2) A Legal Notice was noticed in accordance with Section 11 of M.G.L.c.40A. 3) The following information was submitted by the applicant: a. Watershed District Special Permit Application was stamped by the Town Clerk on June 20,2018. b. Special Permit Plan,Dated July 11,2018,Revised July 13,2018. c. Town of North Andover Certified Abutters List. d. Proj ect Narrative e. Engineer's letter in support of the application,Dated July 19,2018. f. Plans for Favorat Residence,Dated July 11,2018 Revised to August 21,2018. g. Quitclaim Deed 4) The plans were distributed to Town Departments/Committees for technical review and comment on August 2,2018. These distributions included: a. Department of Public Works,email response dated August 10,2018. b. Board of Health,email response dated August 3,2018. c. Conservation Department,email response dated August 2,2018. d. Fire Department, email response dated August 21,2018. e. Police Department,email response dated August 2,2018. f. Building Department,email response dated August 15,2018, 5) The complete application was 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. 6) Public hearings were held on August 21,2018 and September 6,2018. 7) On September 6,2018,upon a motion made by I Simons and seconded by J.Luz to GRANT a Watershed Protection District Special Permit to allow the addition of a 141X16', four Season finished sunroom and 10'X10' deck with portions of work in the Non- Disturbance Zone and the Non-Discharge Zone within the Watershed Protection Zoning District. The Planning Board vote was unanimous. A special permit issued by the 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(20)days after the date this decision has been filed with the Town Cleric. Bk 15633 Pg3 #23857 31 Johnson Circle Map 97,Parcel 62 Watershed Protection District Special Permit Page 3 of 6 FACTS 8) 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 the 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. 9) The Conservation Commission issued a Small Project Permit for the installation of a four season sun room on pillars in the approximate location of the existing deck and the construction of a new deck and stairs on May 24,2018. 10)The project proposes to expand the existing 2,856 square foot structure by 224 square feet; less than twenty-five (25)percent of the gross floor area of the existing structure gross floor area.The existing structure is connected to municipal sewer. 11) The stormwater review for this project was conducted by the Town of North Andover Department of public works and at their request,the runoff from impervious surfaces shall be recharged onsite.The Outlet(s)for the proposed gutters shall be identified on the site plan and the outlet(s) for the additional are recommended to be infiltrated on site(see correspondence from DPW date August 10,2018). With the application of erosion control measures and modifications to the stormwater management designs,there will not be significant degradation to the quality or quality of water in or entering Lake Cochichewick. The site drainage system and stormwater management design and designed in accordance with the Town Bylaw requirements and Best Engineering and Management(see correspondence from DPW dated September 5,2018). 12) The lot was created prior to October 24, 1994 and is not subject to the provisions relating to the Conservation Zone and the enlargement of the Non-Disturbance Zone,as described in Section 4.136.2.Table 1. 13) The specific site is an appropriate location for the project as the property is located within the R 3 zoning district and is currently occupied by an existing single-family structure. 14)The use, as developed, will not adversely affect the neighborhood as the land associated with the abutting parcels is single family residences within the R-3 zoning district. 15) There will be no nuisance or serious hazard to vehicles or pedestrians. 16)There is no reasonable alternative location outside the General, Non-Disturbance, and the Non- Discharge Zones for any discharge,structure or activity. PERMIT DEFEIiMONS • The"Locus"or"Site"refers to the.57 acre parcel of land,as shown on Assessors Map 97,Parcel 62,and also known as 31 Johnson Circle,North Andover,Massachusetts 01845. • The "Plans" refer to the plans prepared by Christiansen & Sergi, Inc., 160 Summer Street, Haverhill, MA 01830 entitled "Special Permit Plan Located in No. Andover, MA. Prepared for Denise Favorat,31 Johnson Circle.North Andover,MA 01845," dated July 11,2018 and Revised to August 21,2018. Bk 15633 Pg4 #23857 31 Johnson Circle Map 97,Parcel 62 Watershed Protection District Special Permit Page 4 of 6 • The"Project"refers to the addition of a 14'X16',four Season finished sunroom and 10'X10' deck with portions of work in the Non-Disturbance Zone and the Non-Discharge Zone within the Watershed Protection Zoning District. ,This project is located within the R-3 Zoning District. • The "Applicant" refers to Denise Favorat, 31 Johnson Circle, North Andover, MA 01845, the applicant for the Special Permit,its successors and assigns. • 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, The Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3.5,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS 17) Monumentation of the wetland in the form of markers shall be placed along the trees at the rear of the.yard, location to be determined by Conservation Department staff, Compost of bark mulch sock erosion controls must be installed in accordance with the plan(May 24,2018 Conservation Commission Approval.) 18)The Applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed restriction shall be submitted to the Planning Department and included in the file. a. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. Non-organic pesticides and herbicides use will be prohibited, and the use of coal tax-based pavement sealants will be prohibited. b. All future property owners will maintain the stone trench along the driveway, which will include sweeping of the driveway and removal of debris,as needed. PRIOR TO ANY SITE WORK/ISSUANCE OF A.13'C7I MWG PERMIT 19)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. 20) The Planning Board has designated Town Planning to serve as the construction site monitor. Upon the start of site work the monitor shall make weekly inspections of the,provide monthly, and detail any areas of non-compliance and corrective actions.The monitor will also provide reports following heavy rain events. 21) Two (2) copies of the signed, recorded decision and plans must be delivered to the Planning Department. 22) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. 23)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. All Bk 15633 Pg5 #23857 31 Johnson Circle Map 97,Parcel 62 Watershed Protection District Special Permit Page 5 of 6 erosion control measures as shown on the plan must be in place and reviewed by the Planning Staff during the meeting. DURING CONSTRUCTION 24) Dust mitigation must be performed weekly,or more frequently as directed by the Director of Planning, throughout the construction process. 25) Any stockpiling of materials (dirt, wood, construction material, etc.)must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties.It shall be the responsibility of the developer to assure that no erosion from the construction site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site construction. 26) Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan;provided,however,that the Planning Board shall give the developer written notice of any such finding and three days to cure said condition. 27) The Town Planner must inspect the site prior to the backfilling of the infiltration chambers (see correspondence from Town Engineer,John Borgesi dated September 5,2018). PRIOR TO THE RELEASE OF THE PERFORMANCE BOND 28)A final as-built plan showing the final location of all on-site structures and infiltration systems must be submitted to the Planning Department.The as-built must be provided in paper foam as well as in SDF(Standard Digital File)format. 29) The applicant must submit a letter from the architect and engineer of the project stating that the building,landscaping 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. 30) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. 31) The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved plan. GENERAL CONDITIONS 32)Any plants,tree,shrubs, or fencing that have been incorporated into the Landscape Plan approved in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity. 33) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 34) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. Bk 15633 Pg6 #23857 31 Johnson Circle Map 97,Parcel 62 Watershed Protection District Special permit Page 6 of 6 35) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m. on Saturday. 36)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 37) 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. 38) Any action by a Town Board, Commission, or Department,which requires changes in the plan or design of the building, as presented to the Planning Board,may be subject to modification by the Planning Board. 39) Pursuant to the North Andover Zoning Bylaw Section 10.31.3,this Special Permit approval shall be deemed to have lapsed September 6,2020(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. 40) This decision must be recorded with the North Essex Registry of Deeds.The following information is included as part of this decision: Plan titled; Special Permit Plan Prepared for: Denise Favorat 31 Johnson Street North Andover,MA 01845 Prepared by: by Christiansen&Sergi,Inc. 31 Johnson Circle North Andover,MA 01845 Scale: 1"=303 Date: July 11,2018,Revised to August 21,2018 cc: Applicant Abutters , Town Clerk e` C rORatG:IRrVAFQ1iY 1G[1lT4Y 11ttTTY£rRC9EattL;rt99lC.1T::SC Tl2 t?+C. r�v.T 11y` 0.YOp1O WS1tNp OAh[A31CrS,NO M[L%.EOOP iTMCI$ nr.:.o.t /J0lYAYS91C1YMf t1103EOpELIQICORP0.VATf oiouv STPCCT80RNAYSIiRVDrESfAnt�AQ0.N4WACN4vE8 Hu vNP.A.aG yy.•}� I /ORIXASGfOf GIST%AOMlRSLp54S rd[CRWWaY: �� MESWAx �7a .• / ��TCR at SCCROYn4t .nGi.' ..... r. / gYlAv 1)ti�OEoRai �n Jy �• •��' fillypp��4Silt ;7 tYATlgGAONIDNlARAt10Yl t64RMCO TOYER PIOO�% }SlltOkPSiR$ok%7$00(:0T1 rtCOiSiRA1T7CrN(gARW7A(TAA1G ldf1OTAEC0.R11GtT1O`t IO11RE vtOAHl1610I OE PROPER(•!w7.TxalprcraxP o�r�rRorERrwARCAuoRawso,wrsxiv d. SEQthtFNTdT10N CONTROL QETAIL �OER��TIHT aN( To PLAMM BOARD 1 N..bV b.p.Ib..p axTse. / 1 EU.V•ppa('eESRbMxbawta;Va...nar.�a _ M�rdAOMOOn'R T7t3w•Aoa+lMbn.v.aw Ofn+.�n nr.w.ti.smR+n07M'. L• IC.L.Lhnl te_ya.�rbboe..Nn..,Nvs.rlgMo.l�r.mw.d _ w E ASSESSOR'S REFERENCE MAP 07,PARCEL 02 7O77PNA7"C4-7S4 Sr :' F oum Nrcorxra NtGxtfGt VOL ZONfNG DISTRICT:R3 unLOTAM.2"Way. 1'ANOrnWRWON)El- MXFP WA06.g3AT. W(UYI PIN cxwpIN / 71 P L _iROYCYMD.APT. 147 C7lfXEAOR i 1 t T�K REIaKNEM LIX LGEY/R0.70FI. (wt.RPARYARO.W R, t P ! MOROSEO .v ....c- OOITE0.9N®DOdxerRRE MUM 7 Lwbeb AOOLTgfL ExEILRCPATAIIEOTC OT.COHC.OWVL\YA 1 �1EOCOx9[AVATIONAUPftR =MCTAf1R WW.#Wf r J PFwwmAaoffwA cct"Y R T071ti pltTM110xMEA / / a 'j )dWHnCMAIIOx tONC Nf T•ISRa .4recycKe m: rJ Op°(�� MIGHAEL WOOCtHOLty APPRO'rLOELI n'A'CRscAv"KEW /v jTwWww ("MOMEAS) WTONRME1 7�,AuesaRROAL , d''• ----- ' SPECIAL PERMITPLAN- LEAOrn ATtm1 Woft-E \ pKgRON xsunuEt wHr%a acL%R J LOT REA l� ♦BEouTeoW �y anAvt CoisKnuo%lvfL : c�rne NO ANDOV RM(F7 j . 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AOF43MNOP7HEMORREI.AAffRQYQRDUP.lNC. /M(AIYMER 6T_HItYF1,tlLOEAJ6 W7Nr.CELfNOR 20161. - - 1tL 41n3TOO]LO PkJL x.pT6O1lJp0R L`QPIWIpIr DWO-1448 w LTI 00 Town of North Andover Planning Department Community& Economic Development Division 120 Main Street North Andover, Massachusetts 01845 Date: September 7, 2018 Dear: Denise Favorat Applicant The Planning Board issued a Decision for the following permit: Watershed Special Permit Permit Type 31 Johnson Circle, North Andover, MA 01845 (Map 37.D, Parcel 62) Location of Premises Your 20-day appeal period will have passed at midnight on the following date: September 27,2018 1. Once the appeal period has passed, please pick up your Town Clerk-certified copy of the Planning Board's decision from the Town Clerk's office located at 120 Main Street, North Andover, MA 01845(phone: 978.688.9501). 2. Please make a paper copy of the final approved site development plan and any other applicable plans and bring to 120 Main Street to have the Planning Director sign the final plans. These plans are to be attached to the Town Clerk- certified copy of the Planning Board's Notice of Decision. 3. Please bring the Town Clerk-certified copy of the decision with the Planning Director signed plans attached to the Northern Essex Registry of Deeds, 354 Merrimack Street, 31d floor, entrance C, Lawrence, MA 01843(phone 978.683- 2745), as the decision and plans must be filed at the Northern Essex Registry of Deeds as soon as possible. 4. Once this is completed please bring:two (2)copies of the recorded, certified decision and the Northern Essex Registry of Deeds receipt to the Planning Department which is located at Town Hall, 120 Main Street, North Andover, MA 01845. Failure to file the decision with the Registry of Deeds will result in your inability to exercise your special permit approval and your inability to obtain a building permit with the Building Department. A Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced or an extension has been granted by the Planning Board. If you have any questions, please feel free to call (978-688-9535)or fax (978.688-9542), during regular business hours.