HomeMy WebLinkAbout2019-08-20 Decision WSP NEVER ENACTED 62 Saile Way • ' "�`� '. Town of North Andover L�l CRt` OFFICE
• Office of the Planning Departme
Community & Economic Development MAN 21 PM 2: 14
120 Main Street
North Andover,Massachusetts 018 TOWN or
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NOTICE OF DECISION
WATERSHED SPECIAL PERMIT
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: August 20,2019
Date of Hearings: July 30,
2019,August 20,2019
Date of Decision: August 20,
2019
Petition of: Maria&Anthony DeMarco
62 Saile Way
North Andover,MA 01845
Premises Affected: 62 Saile Way
North Andover,MA 01845
Assessor's Map 63,Lot 46
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw,Part 5 Watershed Protection District and section 195-10.7.
So as to allow the construction of an in-ground swimming pool and paver patio within the Non-Discharge
Buffer 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 K.Barguesi and 2"'by A. Preston to
APPROVE the Watershed Special Permit as amended and based upon the following conditions. The vote
was 4-0 in favor of the application.
Planning Board
Eitan Goldberg,Chairman
Kate Bargnesi
Aaron Preston
John Simons
52 Saile Way
Watershed Special Permit
August 20,2019
Page 2 of 6
The public hearing on the above-referenced application was opened on July 30, 2019 closed by the North
Andover Planning Board on August 20,2019.
PROCEDURAL HISTORY
1) An application for a Watershed District Special Permit was requested by Mania & Anthony
DeMareo, 62 Saile Way,North Andover,MA 01845.
2) A Legal Notice was noticed in accordance with Section 11 of M.G.L. a 40A.
3) The following information was submitted by the applicant:
a. Watershed District Special Permit was stamped by the Town Clerk onJune 11,2019.
b. Site Plan 62 Saile Way North Andover,MA, dated May 14, 2019
e. Town of North Andover Certified Abutters List, dated May 14,2019.
d. Letter from Williams & Sparages, dated May 16, 2019
4) The complete application was reviewed in accordance with Section under Part 5. Watershed
Protection District and section 195-10.7 of the North Andover Zoning Bylaw and MGL Chapter
40A, Section 9.
5) Public hearings were held on July 30,2019 and August 20,2019.
6) On August 20,2019,upon a motion made by K. Bargnesi and seconded by A. Preston to GRANT
a Watershed Protection District Special Permit as amended to allow the construction of an in-
ground swimming pool and paver patio within the Non-Discharge Buffer Zone. The project is
located within the Residential 1 (R-1)Zoning District.
The Planning Board vote was 4-0 in favor. A Watershed Protection District 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 249, Section 4 to appeal to this decision within twenty days after the date
this decision has been filed with the Town. Clerk.
FACTS
7) 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.
8) As required by Sections 195-4.19.C(c) and 195-4.19.C(3)(c) of the Town of North Andover Zoning
Bylaw,in order to construct a new structure,in-ground pool,in the Non-Disturbance Zone ofthe Water
62 Saile Way
Watershed Special Pennit
August 20,2019
Page 3 of 6
Shed Protection District,the Applicant received a Variance from the North Andover Zoning Board of
Appeals for the construction of an in-ground pool on June 11,2019,
9) In order to mitigate the increase in impervious area, a 12" wide stone infiltration trench will be
constructed around the perimeter of the patio.
10) An Operation and Maintenance Plan detailing the dewatering process of the in-ground pool and
infiltration trench,dated August 19,2019 was submitted.
11) 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 final
design reflects adequate safeguards to mitigate pollutants from entering Lake Cochichewick. The
proposed construction complies with Best Management Practices for erosion.,siltation,and stonriwater
control. The Planning Board bases these findings on the following facts:
12) The construction has been reviewed by John Borgesi,Assistant Department of Public Works Director,
Town Staff and by the Planning Board's outside consulting engineer, and with the application of the
erosion control measures the proposed project will not result in any significant degradation of the
quality or quantity of water in or entering Lake Cochichewick as evidenced in a letter dated July 3,
2019,
13) The existing structure is connected to the Town sewer and water systems.
14)-There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge,structure or activity.
15) The specific site is an appropriate location for the proposed use as the wetland delineation was
reviewed and approved by the Town of North Andover Conservation staff.
16) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 (R-1)Zoning
District,
17) There will be no nuisance or serious hazard to vehicles or pedestrians.
18) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
19) The Planning Board also makes a special finding that the use is in harmony with the general purpose
and intent of the North Andover Zoning Bylaw.
PERMIT DEFINITIONS
• The"Locus"refers to the 87,185 sq. ft. parcel of land with frontage on Saile Way as
shown on Assessors Map 63,Lot 46, and also known as 62 Saile Way,North Andover,
Massachusetts.
• The"Plans"refer to the plans prepared by Williams& Sparages, entitled"Site Plan 62
Saile Way,North Andover Massachusetts"dated May 15,2019.
I
62 Salle Way
Watershed Special Permit
August 20,2019
Page A of 6
• The"Project"or"62 Saile way"refers to the installation of an in-ground swimming
pool, and associated grading and utilities within 100 feet of a bordering vegetated
wetland in the Non-Disturbance Zone of the Watershed Protection District.
• The"Applicant"refers to Maria&Anthony DeMarco,the Applicant for the Watershed
Special Permit.
• 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 Tower of North Andover Zoning
Bylaw requirements as listed in Section 195-10.7.A, 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:
SPECLA,L CONDITIONS
20) The swimming pool will be equipped with a non-backwashing filtration system.
21) The owner shall engage a water hauling company to pump the water and Mick the water offsite anytime
the pool needs to be drained. Final disposal of the water by the water hauling company shall be in
accordance with all federal and state regulations.
22) 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,
23) Discharge of pool water into the town's storinwater management is strictly forbidden.
24) All pool chemicals shall be properly stored according to manufacturers' labels in an enclosed shed
or garage to ensure proper containment or any spill or drips.
25) Best Management Practices (BMP) will be followed with regard to maintenance of the pool, as
stated in the document titled "Operation & Maintenance Plan." These BMPs include inspection
and cleaning of the infiltration trench every six(6)months and after every major storm event of.5
inches in a 24-hour period.
PRIOR TO THE ENDORSEMENT OF THE PLAN
26) The Applicant shall incorporate the following conditions as a deed restriction and a copy of the
recorded document shall be submitted to the Town Planner and included in the file.
a. Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-frce.
b. Draining of pool water is prohibited into an area subject to jurisdiction of the Weltands
Protection Act.
29) The Applicant will provide a copy of an updated Operation and Maintence plan containing the
62 Saile Way
Watershed Special Permit
August 20,2019
Page 5 of 6
dewatering procedureand pool chemical storage instructions.
29) The Applicant will provide copies of all Decisions,Notification and Orders of Conditions from the
North Andover Conservation Commission and Zoning Board of Appeals.
PRIOR TO ANY SITE WORKI ISSUANCE OF A BUILDING PERMIT
30) Two (2) copies of the signed, recorded decision and plans must be delivered to the Planning
Department.
31) 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.
32) A performance guarantee bond of two thousand dollars ($2,000.00)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.
33) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner
and Conservation Department.
34) A pre-construction meeting must be held with the developer, their construction employees,
Planning Department and other applicable departments to discuss scheduling of inspections to be
conducted on the project and the construction.schedule.
PRIOR TO RELEASE OF THE PERFORMANCE BOND:
35) The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including stormwater 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 pool installation 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.
36) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
GENERAL CONDITIONS
37) 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.
3 8) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
39) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
62 Saile Way
Watershed Special Permit
August 20,2019
Page 6 of 6
40) 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.
41) This Special Permit approval shall be deemed to have lapsed August 20, 2021 (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.
42) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plait titled: "Site Plan 62 Saile Way,North Andover Massachusetts"
Prepared for: Maria&Anthony DeMarco
62 Saile Way
North Andover,MA 01845
Prepared by: Williams & Sparages
189 North Main Street, Suite 101
Middleton,MA 01949
Scale: 1"=40'
Date: May 15,2019
Sheets: I
Document Title: Operation&Maintenance Plan
Prepared for: Maria&Anthony DeMarco
62 Saile Way
North Andover,MA 01845
Prepared by: Williams&Sparages
Date: August 19,2019
cc: Applicant
Engineer