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HomeMy WebLinkAbout2018-06-19 Recorded Decision WSP Town of North Andover • Office of the Planning Department JU Community&Economic Development Division 9; 3 120 Main Street ..:. North Andover'Massachusetts 41845 ��:t� r NOTICE OF DECISION WATERSHED SPECIAL PERMIT Any appeal shall be filed Tills Is to Syr that tnnty(�)days within 20 have eiapsaW atom data at dsctstaa,Cited ( }days y after the t wllhaut Nil Of an al. date of filing this notice in X,yos A,010shaw the office of the Town Clerk. ymn #c Date: dune 19,2018 Date of Hearings: May 1,2018; ,tune 5,2018,June 19,2018 Date of Decision: June 19,2018 Petition of Jay Ifenshall Gibraltar Pool&Spas 435 Boston.Street,US Route 1, Topsfield,MA 01983 Premises Affected: 35 Dale Street North Andover,MA 01845 Assessor's Map 37,D,Parcel 41 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, 10.3.& 10.31 So as to allow installation of an above ground pool with soil cutting and tree removal within the Non- Disturbance and Non-Discharge.Zones in the Watershed Protection District. After a public hearing given on the above date,and upon a motion by J.Simons and 2°4 by J.Burns Luz to APPROVE the Watershed Special permit as amended and based upon the following conditions. Vote was 5-0 in favor of the application. fla&ng Board Eitan Goldberg,Chairman Peter Boynton Jennifer Burns Luz .Aaron Preston John Simons ESSEX N01gTH F=ll LAWRENCk.MAt9s. ! A rrS ATMTZ - �.�--�� ., A Tm.Copy r ��� sPOW �,� Bk 15547 Pg332 #16564 35 Dale Street Watershed Special Permit Julie 19,2018 Page 2 of 6 The public heating on the above referenced application was opened on May 1, 2018 closed by the North Andover Planning Board.on June 19,201 S. PROCEDURAL HISTORY 1) An application for a Watershed District Special Permit was requested by Jay Henshall of Gibraltar Pool&Spas,435 Boston Street,US Route 1,Topsfield, 2) A Legal Notice was noticed in accordance with Section I 1 of M.G.L,c.40A. 3) The following information was submitted by the applicant: a, Watershed District Special permit was stamped by the Town Clerk on March 29,2018. b. Plan of Land 35 Dale Street in North Andover,Massachusetts,Dated March 20,2018 c, Town of North Andover Certified Abutters List. d. Topography Map,Dated November 3,2017 e. Letter from Mary Trudeau,Wetland Consultant,Dated November 3,2017 £ Letter:from Stephen Sawyer,PFS Land Surveying,Inc.,Dated April S,2018 g. Letter from Brian,Partnenter,PFS Land Surveying,Ina,Dated March 27,2018 4) The complete application was reviewed in accordance with Section 4.I36.3.c.ii, 10.3 and 10.31 of the North Andover Zoning 13ylaw and MC-TL Chapter 40A,Section 9. 5) Public hearings were held on May 1,June 5,and Tune 19,2018. 6) On Sune 19,2018,upon a motion made by J. Simons and seconded by J, Burns Luz to GRANT a Watershed Protection District Special Permit as amended to allow installation of an above ground pool with soil cutting and tree removal within the Non-Disturbance and Non-Discharge zones. The Planning Board vote was 5-0 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 MOL 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 involves the construction of a 16% 28' above ground pool which will contain approximately 13,000 gallons of water when full, 8) The Town of North Andover Zoning Board of Appeal granted the applicant a variance for the construction,of an above ground pool on June 8,2018. 9) The Town of North Andover Conservation Commission voted to issue a Negative Determination of Applicability on June 13,2018 for installation of an above ground pool with cantilevered deck. Bk 15547 Pg333 #16564 i 35 Dale Street Watershed Special Permit Tune 19,2018 Page 3 of 6 10) 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 final design reflects adequate safeguards to mitigate pollutants from enter.Lake Cochichewiok. The proposed construotion complies with Best Management Practices for erosion,siltation,and stormwater control. The Planning Board bases this findings on the following facts: a. The construction has been reviewed by Town Staff and by the planning Board's outside consulting engineer, SSV Engineering Inc. and with the application of the erosion control measures the proposed project will not result in any significant degradation of the duality or quantity of water in or entering;Lake Cochichewick as evidenced letter dated April 2S,2018 and May S,2018. b. The project involves the construction of a 16'X28' above ground pool which will contain approximately 13,000 gallons of water when full. 11)Best Management Practices (BMP) will be followed with regard to maintenance of the pool, as stated in the document titled"Swimming Pool Maintenance Requirements"dated April 30,2018, provided by Gibraltar Pools and Spas, These BMPs includes proper storage of chemicals, pool draindown procedures and Overflow protection. The "Bust Management Practice" document referenced here will included as part of this decision as Attachment"A." 12)All pool chemicals shall be properly stored according to manafaeturers' labels in an enclosed shed or garage to ensure proper corttainment or any spill or drips, 13) The limit of clearing has been marked on the plan to be as close to the proposed construction as possible.No new lawn areas will be created. 14) 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. 1 S) The existing structure is connected to the Town sewer and water systems. 16) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non- Discharge Zones for any discharge,structure or activity. 17) 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'. 18) The use will not adversely affect the neighborhood as the lot is located in a Residential 1(R-1)Zoning District. 19) There will be no nuisance or serious hazard to vehicles or pedestrians. 20) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 21) The Planning Board also makes a special flxtdiag that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Bk 15547 Pg334 #16564 35 Dale Street Watershed Special permit June 19,2018 Page 4 of 6 PERM 1DEFMff10NS • The"Locus"refers to the 66,816 sq, ft,parcel of land with frontage on Dale Street as shown on Assessors Map 37D,Parcel 41,and also known as 35 Dale Street,North Andover,Massachusetts. • The"Plans"refer to the plans prepared by PPS Land Surveying,Inc.,entitled"Plan of Land 35 Dale Street in North Andover Massachusetts"Dated Mexch 20,2018. • The"Project"or"35 Dale Street"refers to installation of an above ground swimming pool,and associated grading and utilities within 100 feet of a bordering vegetated wetland in the Ikon-Disturbance Zone of the Watershed Protection.District • The"Applicant"refers to Jay Henshall,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 Town of North Andover Zoning Bylaw requirements as listed in Section 10.31, 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 CONDMONS 22)As per the peer review letter Dated June 5,2018,no slopes skull be steeper than 2:1. 23) The pool shall have a non-backwashing,cartridge style filter installed for the pool. The system must be located along the northern or western of the pool maximizing separation from the resource areas. 24)The owner shall engage a water hauling company to pump the water and truck 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. 25) 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. PRIOR TO TEE ENDORSEIIMNT OF THE FLAN 26)The Applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded dooument 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-free. b. Discharge of pool water into the town's stormwater management is strictly forbidden. Bk 15547 Pg335 #16564 35 Dale Street Watershed Special Permit June 19,2018 Page 5 of 6 c. Draining of pool water is prohibited into an area subject to jurisdiction of the 'Weltands Protection Act. d. The `Best Management Practice" document titled "Swirmning foot Maintenance Requirements"and dated April 30,2018 referenced in this decision as Attachment"A" 27)The Applicant will provide copies of all Decisions,Notification and Orders of Conditions from the North Andover Conservation Commission.and Zoning Board of Appeal. PRIOR,TO ANY STTE WORK/ISSUANCE OF A BtirII )NG P)RMT 28) Two (2) copies of the signed, recorded decision and plans must be delivered to the Planning Department, 29)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. 30) A performance guarantee bond of two thowand 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, 31) All erosion control the asures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. 32) A pre-construction meeting must be held with the developer,their construction employees, Planning Department and Conservation Department(and other applicable departments)to discuss scheduling of inspections to be conduoted on the project and the construction schedule. 33) A pre-construction meeting must be held with the developer,their construction employees,Planning Department and Conservation Department(and other applicable departments)to discuss scheduling of inspections to be conducted on the project and the construction,schedule. PRIOR TO RELEASE Or, THE PERFORMANCE BOND: 34) 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 outer pertinent site features. This as-built plan shall be submitted to the Town Pinner for approval and must be provided in paper form as well as in SDh'(Standard Digital bile)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 decisions as endorsed by the Planning Board.This as-built plan:shall be submitted to the Town Planner for approval, 35)The Planning Board must by a.majority vote make a finding that the site is in conformance with the approved plan. GENERAL CONDITIONS Bk 15547 Pg336 #16564 35 Dale Street Watexsbed Special Permit June 19,2018 Page 6 of 6 36)'Ihe 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. 37)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 38) The Contractor shall contact big Safe at least 72 hours prior to commencing excavation. 39) 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. 40)This Special Permit approval shall be deemed to have lapsed June 19, 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, 41) This decision must be filed with the North Essex Registry of Deeds.The following information is included as part of this decision: Plan titled: "Plan of Land 35 Dale Street in North Andover,Massachusetts" Prepared for: 35 Dale Street North Andover,MA 01845 Prepared by: PFS Land Surveying,Inc. 20 Balch Avenue Groveland,Ma 01834 Seale: 1"=40' Date: March 20,2018 Sheets: 1 Document Title: Swimming Pool Maintenance Requirements,Attachment"A" Prepared for: 35 Dale Street North Andover,MA 01845 Prepared by: Gibraltar Pools and Spas Date: April 30,2018 cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer Property Owner l Bk 15547 Pg337 #16564 Gibraltar Pools & Spas POOLS - HOT TUBS SAUNAS Swimming Pool Maintenance Requirements 35 Dale Street North Andover, MA 01845 April 30 2018 STORAGE OF CHEMICALS Pool chemicals will be stored in an enclosed shed or garage to ensure proper containment POOL oRAIN1pOWN At time of seasonal pool closing or any time MINOR lowering of the water level Is necessary the chlorine will be reduced to undetectable levels by utilizing either of the two methods listed. * Priorto discharging water a dissipation period of no less than 14 days will be observed. De-chlorination can be achieved by using Sodium Thiosulphate or other de-chlorinating chemical that is approved by the REP for use in watershed areas. The de-chlorinated water shall then be discharged over a grassy lawn surface or planted area. 1n the event the pool requires a substantial drain down the pool will be dewatered to a truck. OVERFLOW PROTECTION To prevent the possibility of overflow whenever a server weather/storm event is forecast the pool water level shall be drained to a level which will allow for the collection of 7.-inches of rain, PF ljand � >S�.n�vey�InG u6fNILL fRKiN NOW-MNARMAUFFRCFA70 208dc'.AvcCue 110t.-0GOYR�AVfFOt (gyrdnm,MAQI YS98.4�fi.0781 $ Ste;M4i T] L STFf ET Gwerol Motes pf6ra3aom RIM=17A43' �. ©SMH J THE BOUNDARY LJNES AND ixJST1NG N7 5ZIN70'D6'52'E N70' 6'5- �J813�5> w CONDITIONS SHOWN ON 1CT PLAN ARE Qe£�,, s}g E--f i11 BASED UPON AN ACTUAL F1EtD 29.21 1 62.50' � 1 7.a i� '� 1/ ��5 N71'02'4 � SURVEY CONDUCTED BY PFS LAND gg23,, 1 �'1h` /$T, 2• •A6rg S&O SURVEYING INC. IN JANUARY ZM8 AND `'.l,,- � `�'� "� ` f I FROU DEEDS AND PLANS OF RECORD I HOR€ZON7AL DATUM IS BRA ON i ( SASS_ GRID SYST€W MAD 9113. ELEVATIONS SHOWN ON THIS PLAN ' �nc� �1 1i1 f ui�mG REFER TO NAVD OF 1988. FVrJsk'+n n j ) THE LOT UES ENTIRELY WITH€N ZONE X (AREA OF MINIMAL FLOODING) AS SHOWN ON THE FLOOD INSURANCE n Y c"m 1� � �.a�� ! /� O� RATE MAP FOR THE TOWN OF NORTH TO cb ✓ 7�, - u�$ I 1 I / �Z ANDOVERNASSACHUSEM. COMMUNITY m M TSD nli , f�7,� / noNara y0� � PEFFiCTIVE DATE F, us �1�'� -�! r :'• ti' ly I/, f / v«m va )CFAW THE WETLANDS SNOIYN ON THIS PLAN igwc ! ° / `' ¢� WERE RAGGED BY MARY T1RUOFA ON ifC f OCTOBER 9, 2017 AND FIELD SURVEYED BY PFS IN JANUARY 2018. LOT AREA (36,816 S.F. '� fA `• �� I r•s r ) THE PROPERTY SHOWN 4N THIS PLAN _/ -wF a rv�� �- r- � t IS APPRO%IMAIELY 2,290' +f- FROM H THE HIGH WATER MARK OF LAKE -,,wq 10 / a COCH€04EW10L 8- ssa4' o.oD ;t ��• �s- ��� PLAN OF LAND to 72 58'491y S72758'49'W 572'S8'49'W &�� f-" �� �d81�_/ �A x 3� oaL� srE�r G N l tf T H Ln 1DI' N 4810 a'• 4 D 40 80 ANDOVEIRW SCALE IN FEET MASSACHUSETTS W / SCALE_ 1-=40 CAM MARCH 20, 2018 00 I-, d1 ul Cif e-k 15147 P-P339 --1.6565. 0-/-12-2018 Q 0,3--23ra N c)v b In R rn---o i -E;t;r,_s ESSEX N0R,rF1 REGISTRY OF DEEDS LAWRENCE, MASS, A TRUE COPY- ATT'C-S-T-, (Space Above This Line Reserved For Registry Of Deeds) HEOMTER OF DEFD DECLARATION OF RESTRICTION This Declaration of Restriction Is made and entered Into as of this 11th day of July,2018,by Robert W Buyea and Beth A Buyea(hereinafter"Buyea")of 35 Dale St,North Andover,MA, the owners of a certain parcel of land at 35 Dale St,North Andover,MA. WHEREAS,Buyea has applied to the Planning Board of the Town of North Andover for a Watershed Special Permit; WHEREAS,the Planning Board has granted Buyea a Watershed Special Permit which Imposed certain conditions which are set forth herein... WHEREAS,Buyea agrees for themselves,successors and assigns,that 1, Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous free. 2. Discharge of pool water into the town's storm water management system is strictly forbidden. 3, Draining of pool water is prohibited Into an area subject to jurisdictlon of the Watershed Protection Act. 4. The"Best Management Practice"document titled"Swimming Pool Maintenance Requirements"and dated April 30,2018 referenced in this decision as Attachment"N'shall apply. Signed as a sealed instrument on the date set forth above, Robert W Buyea B WtA 13-uyea' on this 1144 C/Q y1fl-201F before me, the unders notary public, personally appeared 9�-,e�,.f .peared VaAet3A wAsvy-eet. 44.o, �4 &ejil- proved to me through satisfactory evidence of identification, which was photographic identificiation with si nature issued by a federal or state governmental agency, to be the persona whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. tl6tdry Public My Commission Expires!