HomeMy WebLinkAbout2022-01-04 Recorded Decision WSP Bk 17422 Pg39 #9850
04-25-2022 @ 10 : 37a
poRr� PLANNING DEPA.RTMEN
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Community Development Divi III P. n
* 120 Main Sheet '� I
North Andover,Massachusetts, 01845: �
M e CPA-`4
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�SSACKus NOTICE OF DECISION
This Is certify that twenty(20)mays
Watershed Special Permit have elapsed from gate of decision
without filing of �,eal ,..
0a a
pateAny appeal shall be filed Carla D
within (20) days after the Town Clerk
date of filing this notice in
the office of the Town Clerk,
Date: January 4,2022
Date of Hearings: November 16, 2021,
December 21, 2021,January 4,2022
Date of Decision: January 4, 2022
Petition of- John and Nfichelle Ternuilo,212 Brentwood Circle,North Andover,MA 01845
Premises Affected. 212 Brentwood Circle,North Andover,Massachusetts,01845.
Assessor's Map 64,Parcel 4 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,Article 4-Part 5 Section 195-419(B)and Article 10, Section 195-10.7.
So as to allow the installation of an in ground swimming pool, patio, shed, and fencing within the 325'
Non-Discharge Zone of the Watershed Protection District.
After a public hearing given on the above date, and upon a motion by J. Simons and 21 by K. Cormier to
APPROVE the Watershed Special Permit,as amended,and based upon the following conditions. Vote was
54 in favor of the application.
Jean Enright
On Behalf o the North Andover Planning Board
Eitan Goldberg
John Simons
Peter Boynton
Kelly Cormier
Alissa Koenig
ATM,
- A,True Copy
&"- WWL
Town Clerk
Bk 17422 Pc 40 #9850
212 Brentwood Circle Map 64 Lot 4
Watershed Special Permit--Construction of to Ground Pool,polio,Shed,Fence
January 4,2022
The public searing on the above referenced application was opened on November 16, 2021 and Closed 1>iy
the North Andover Planning Board on January 4,2022.
On January 4,2022, upon a motion made by J. Simons and seconded by K. Cormier to GRANT a
Watershed Special Permit for the installation of an in-ground swimming pool, patio, shed, and fence
within the 325'Non-Discharge Buffer Zone of the Watershed Protection District under the requirements
of Article 4 Part 5 Section 195-419(B) and Article 10,Section 195-10.7 of the North Andover Zoning I
Bylaw.This Special Permit was requested by John and Michelle Ternullo,212 Brentwood Circle,North I
Andover, MA 01545 on October 20, 2021, The Applicant submitted a complete application,which was
noticed and reviewed in accordance Town of North Andover Zoning Bylaw and MGL Chapter 40A,
Section 9.The motion to approve was subject to the FMINGS OF FACTS and SPECIAL
CONDITIONS set forth in this decision.
The Planning Board mote was S—0,unanimous,in favor. A special permit issued by the special permit
granting authority requires a vote of at least four members of a Eve-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.
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 PDWMGS 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 project
is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick.
The final design reflects discussions between the Town and Applicant to ensure the continued protection
of Labe Cochichewick and the safety and welfare of the residents of North Andover.
a) The construction has been reviewed by Town Staff and the Town's consulting engineer, Horsley
Witten,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, Janet Carter Bernardo,P.E., as evidenced by letters dated November
1,2021,December 16, 2021 and December 29, 2021 and response letter from Sullivan Engineering
Group, LLC dated December 7, 2021 and December 28, 2021. 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 an in ground
pool and pool deck-
i) The storrnwater management for the proposed improvements includes 2-foot-deep river rock
drainage trenches surrounding the proposed impervious Site improvements. A total of 1,352
square feet of additional impervious area is proposed on Site.
ii) Best Management Practices (BMP) will be followed with regard.to maintenance of the pool;
as stated in the document titled "Pool Maintenance and BAP Plan", 212 Brentwood Circle;
North Andover,MA, dated December 27,2021,with Site Plan attached provided by Sullivan
Engineering Group,LLC and sighed by the Property Owner,These BMPs includes drain down
specifications for the pool,maintenance of the infiltration trench, proper storage of chemicals,:
2
I
Bk 17422 Pg41 #9850
212 Brentwood Circle Map 64 Lot 4
Watershed Special Permit--Construction of 1n Ground Pool,Patio,Shed,Pence
January 4,2022
and overflow protection. Discharge of pool water into the town's stormwater management is
strictly forbidden. The"fool Maintenance and BMP Plan"referenced here will be considered
part of this Notice of Decision, i
iii) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be,noted on the deed.
b) The application was reviewed by Town staff as evidenced by email communication from Amiy
Maxner, Conservation Administrator, dated October, 29, 2021, email communication from Tim
Willett, DPW Operations Director, dated October 18, 2021, and Lt. Bob Ucoyne, NAFD, dated
October 19, 2021.
C) 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 195-10.7 of the North Andover Zoning Bylaw,the Planning Board
makes the following FINDINGS OF FACT:
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 Plauning Board approves this Special Permit based upon the following
SPECUL CONDITIONS-
1) Permit Definitions:
a) The"Locus"refers to the 44,000 sq.ft. parcel of land with frontage on Brentwood Circle as
shown on Assessors Map 64, Parcel 4, and also known as 212 Brentwood Circle,North Andover,
Massachusetts.
b) The"Plans"refer to the Plans prepared by Sullivan Engineering Group, LLC,P.O. Box 2004,
Woburn, MA 01888, entitled"212 Brentwood Circle,Plot Plan of Land Located in North
Andover, Massachusetts(Essex County—Northern District)", dated September 24,2021 and
revised to December 27,2021. Sheet 1 or 1.
c) The"Project"or"212 Brentwood Circle"refers to installation of an in ground swimming pool,
patio, shed, and fence with in 325'feet of a wetland in the Non-Discharge,Zone of the Watershed
Protection District
d) The"Applicant"refers to John and Michelle Temullo,the Applicant for the Watershed 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
3
I
Bk 17422 Pg42 #9850
212 Brentwood Circle Map 64 Lot 4
Watershed Special Permit--Construction of In Ground Pool,Patio, She(L fence
January 4,2022
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) In no instance shall the Applicant's proposed construction be allowed to further impact the Site than as
proposed on the Plan referenced in Special Condition 41.
4) Vegetation removal is not permitted;however,limbing of trees above the shed is allowed. I
i
5) Prior to the start of construction or the issuance of a building permit;
a) 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.
b) In consultation with the Planning Director, the Applicant shall designate an independent
environmental monitor. The monitor shall read, sign, and return to the Town Planner 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 prs--
approved by the Planning Director),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.
c) Applicant shall sign an Illicit Discharge Compliance Statement.
d) The Applicant shall incorporate the following conditions as a deed restriction and a copy of the
recorded deed restriction 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.
ii_ The use of coal tar-based pavement sealants is prohibited.
e) The Applicant will provide copies of all Decisions;Notification and Orders of Conditions from the
North Andover Conservation Commission
I} All erosion control measures as shown on the plan must be in place and reviewed by the Town)planner.
g) A pre-construction meeting trust be held with the developer, their construction employees, and
Planning Department(and other applicable departments) to discuss scheduling of inspections to be
conducted on the Project and the construction schedule,
5) Prior to release of the Performance Bond:
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 Slab' (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.
4
Bk 17422 PcJ43 #9850
212 Brentwood Circle Map 64 Lot 4
Watershed Special permit--Construction of In Ground pool,Patio,Shed,Fence
January 4,2022
E
b) The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan,
5) No open burning shall be done except as is permitted during burning season under the Fire Deparhment
regulations,
6) The Contractor shall contact Dag Safe at least 72 hours prior to commencing excavation.
7) The provisions ofthis 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 deerned to have lapsed January 4,2024(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: "212 Brentwood Circle, Plot Plan of Land Located in North Andover,
Massachusetts(Essex County--Northern District)".
Prepared for: John and Michelle Ternullo
212 Brentwood Circle
North Andover,MA 01845
Prepared by: Sullivan Engineering Group,LLC
P.C. Box 01888
Woburn,MA 01888
Scale: 1"=20'
Date: September 24,2021 and Revised to December 6,2021
Sheets: 1 of 1
Report Title: Pool Maintenance and BMP Plan(with Site Plan attached)
Prepared for: John and Michelle Ternullo
Prepared by: Sullivan Engineering Group,LLC
Date: December 27,2021
cc:
Applicant
Engineer
File
5
Bk 17422 Pg44 #9854
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Bk 17422 Pg45 #9850
3
Sullivan Engine?ring Group, L C
Ci�11&nglMers 4 La V Pevvkpment Consultants
Foal Maintenance and BMP Plan
212 Brolntwood Circle
North Andover, MA 01845
Dec.27, 2021
Stara a of Ghemi Is
Pool chemicals will be stored inside the new-shed and according to'their prescribed storage
environments, In order to ensute containment of spills.
DraindoWn., n intgna
Prior to seasonal closure or draining of the pool for maintenance, chlorine levels will be lreducaa to
undetectable levels of<0.1 mg19,either by: 1) ellminating chlorlrie usage for approximately
ten days to allow chlorine levels to dissipate, or 2) utilizing sodium thiosulphate or other pool
dechlorination chemicals approved by DEP for use iri watershed areas. Water will only be discharged
into the river rock trench on the.backslde of tho pool pato, which wlll allow further filtration and Infiltration
of the water. The trench has sufficient storage to prevent any overflow of water.
Ovetflow Pa&ISIgn
Whenever a severe or 100-year storm event is predicted, the pool water level will be drained, pursuant
to the above methods, to a level to pgrmit 8 inches of rain to be colleoted in the pool
Irifflirativa.-Trench Maintgnangg
Infiltration trenches will be Inspected at the seasonal opening and closing of the pool, and after major
storm events per above. Debris will be removed, and any silted or clogged stone will be replaced .as
needed to Maintain the design performance of the trenches..
Engineer's Cer#rficafion—212,Brentwood Q-1rcle
!, John D. Sullivan III, RE'.,certify by signing below that the work as depleted on the.plan titled
"Plot Plan of Land•-212 8rehtwood Circle, NA, ddted 9124/2021, revised 12l6/21 prepared by
Sullivan Engineering Croup, LLC will not result in the 4gnil-lcant degradation of the quality or
quantity of water in or entering. lake Cochichewick.
b accordance with Standard 9 in the Massachusetts Stovnwater Handbook a.Ladg Team O&M drainage plan
is being provided to accompany the Pool/patio/shed.*stallatlon at the above property. T e owner selected a
low-impact cira3uage design (river rock stone°inMrahiou tteaches) which will req'mire little to no maintenance.
In order to deternvue i theriver rock is functioning as designed the,following insPections shall occur at least
once a year and after any stoma event(331 pr greater).
Y.O.Box 2004 Woburn ATA of g88 (7$1)854-8644 a-m al.jacksulY53@a coamtcast net
Bk 17422 P946 #9850
a-' Site vegetation and ansite landscaping shall be maintained in healthy condition to preveant erasion anti
sedimentation in the two river rock infiltration trenches.
b. River Rock trenches--shall be inspected iwice fwnually. Sediment and debxis{including leaves)small
be removed and Rased of in accordance with all applicable fedexal,state,and local laws. >h.the
eveutthat water does not Ieave the trench within 72 hours this is a sign of failure and the trench should
be 3 paired,including excavating and replacing stone,to insure proper fanctioning,
Submitted by:
z 12-27-2021
a .S atz bate:
12-27 2021
Jo1m Fern o,Property Owner bate:
P.O.Box2004 W-oburn,MA 01.8$8 (781)-854-.8644 e-naafi;ja ksull53@comoastnet
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS