HomeMy WebLinkAbout2022-04-05 Decision WSP 041-- -2 8 0 2 2 61, 12,' N. 4 P,
Town of North Andover
Office of the Planning Department
120 Main Street
North Andover,Massachusetts 01845
NOTICE OF DECISION R
Watershed Special Permit
Any appeal shall be riled This IS certify that twenty(20)days
within (20) days after the have elapsed from date of decision
without fillng of n(1p I
date of filing this notice in
the office of the Town Clerk. Carla awne—wair
Town Clerk
Date: April 5, 2022
Date of Hearings: April 5,2022
Date of Decision: April 5, 2022
Petition of: Robert and Eugenia Batch,229 Brentwood Circle,North Andover,Massachusetts,
01845
Premises Affected: 229 Brentwood Circle,North Andover,Massachusetts,01845
Assessor's Map 64 Lot 46 and located in the Residential I Zoning District.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Chapter 195 Article 4, Part 5 Watershed Protection District Section 195-4.19(B) and Article
10 Section 195-10.7,
So as to allow the construction of a 660 SF,single-story addition and associated stormwater management system.
The Project is located within the 325'Non-Discharge Zone of the Watershed Protection District and the Residential
I zoning district.
After a public hearing given on the above date, and upon a motion by P. Boynton and 2n' by J. Simons to
APPROVE the Watershed Special Permit, and based upon the following conditions. Vote was 5-0 in
favor of the application.
Joan Enright
Ore B�half of the North Andover Planning Board
Eitan Goldberg
John Simons
Peter Boynton
Kelly Cormier
Alissa Koenig
XYMST.
Allme Copy
Town Clo-14
229 Brentwood Circle
Watershed Special Permit--Construct addition
Aril 5,2022
The public e p hearing an the above referenced application was opened on April 5, 2022 and closed by the
North Andover Planning Board on.April 5,2022
On April 5, 2022, upon a motion made by P.Boynton and seconded by J. Simons to GRANT a
Watershed Special Permit for the construction of 660 SF, single-story addition and associated
stormwater management system within the 325'Non-Discharge Buffer Zone of the Watershed
Protection District under the requirements of Article 4 Pail 5 Section 195-419(B)and Article 10, Section
195-10.7 of the North Andover Zoning Bylaw. This Special Permit was requested by Robert and Eugena
Hatch,229 Brentwood Circle,North Andover,MA 01845 on March 1,2022. 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 FINDINGS OF
FACTS and SPECIAL CONDITIONS set forth in this decision.
The Planning Board vote was 54, unanimous,in favor. 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.
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
a wetland resource area that drains to Lake Cochichewick. The final design reflects 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 stormwater management
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 stormwater 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 March 8, 2022 and March 31, 2022 and response email correspondence
from Sullivan Engineering Group, LLC dated March 25 and March 31, 2022. Further, adequate
safeguards have been provided to mitigate pollutants fi•om entering Lake Cochichewick through
the install ation/implementation of the following Best Management Practices relative to an
addition to a single-family dwelling:
i) Stormwater management includes a drainage infiltration system to collect the entire roof area
of the proposed addition and a portion of the existing house roof. Roof runoff will be
collected by gutters and 4 inch HPDE roof drains and conveyed to cultic recharger units and
2
{
229 Brentwood Circle
Watershed Special Permit--Construct addition
Aril 5,2022
washed crushed stone, An emergency overflow device has been provided from the field in
the form of a NDS pop-up emitter to allow a controlled release of larger storm events to a
grassed area.
ii) Best Management Practices (BMP) will be followed with regard to maintenance of the
stormwater management system, as stated in the document titled "Long-Term Stormwater
Operation & Maintenance Plan", 229 Brentwood Circle, North Andover, MA, dated March
25, 2022, provided by Sullivan Engineering Group, LLC and signed by the Property Owner.
These BMPs include maintenance of the pavement and walkway, roof drain inlets,
downspouts, and roof drain pipes, Infiltration chambers, vegetation, and the NDS 4" pop-up
emitter. The "Long-Term Stormwater Operation & Maintenance Plan" document with the
approved Site Plan referenced here will be considered part of this Notice of Decision.
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.
c) The existing structure is connected to the Town sewer and water systems.
d) The application was reviewed by Town staff as evidenced by email communication from Amy
Maxner, Conservation Administrator, dated March 2,2022, email communication from Tina Willett,
DPW-Operations,dated March 2,2022,and Lt.Dan Lanen,NAPD,dated March 2,2022.
e) Erosion control,consisting of a silt fence with wood stakes and 6"x 6"trench with backfill in place,
will be installed prior to construction and will remain in place throughout construction. The location
of these controls is noted on the Plan.
2) There is no reasonable' alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge, structure or activity as the entire parcel is located the Non-Discharge
Zone.
In accordance with Section 195-10.7 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) The specific Site is an appropriate location for the proposed use as all feasible stormwater and erosion
controls have been placed on the Site;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5) 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"or"Site"refers to the 47,700 SF parcel of land with frontage on Brentwood Circle
as shown on Assessors Map 64,Parcel 46,and also known as 229 Brentwood Circle,North
Andover,Massachusetts.
3
229 Brentwood Circle
Watershed Special Permit—Construct addition
Aril 5,2022
b) The"Plans"refer to the Plans prepared by Sullivan Engineering Group,LLC, dated February 24,
2022 and revised to March 31, 2022,entitled"229 Brentwood Circle,Plot PIan of Land, located
in located in North Andover,Massachusetts(Essex County—Northern District)",prepared for
Gena Hatch. Sheets 1 of 1.
c) The"Project"or"229 Brentwood Circle"refers to the construction of a 660 SF, single-story
addition and associated stormwater management system The Project is located within the
325' Non-Discharge Zone of the Watershed Protection District and the Residential 1
zoning district,
d) The"Applicant"refers to Robert and Eugena,the Applicant for the 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,
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##1,
4) Prior to 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 ensure 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 pre-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) All erosion control measures as shown on the Plan must be in place and reviewed by the Town
Planner.
e) A pre-construction meeting must 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.
f) The Applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
g) 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,
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229 Brentwood Circle
Watershed Special Pennit—Construct addition
Aril 5,2022
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.
4) 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 stormwater mitigation trenches and other
pertinent Site features. This as-built plan shall be submitted to the Town Planner for approval, The
Applicant must submit a certification from the design engineer that the Site was constructed as
shown on the approved Plan,
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 buming 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 April S, 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:
a) Plan titled: 229 Brentwood Circle, Plot Plan of Land, located in located in North Andover,
Massachusetts(Essex County—Northern District)
Prepared for: Robert and Eugena Hatch
229 Brentwood Circle
North Andover,MA 01845
Prepared by: Sullivan Engineering Group,LLC
PO Box 2004
Woburn,MA 01888
Scale: 1"=20'
Date: February 24,2022 and revised to March 31, 2022
Sheets: 1
b) Report Title: Long-Term Stormwater Stormwater Operation&Maintenance Plan
Prepared for: Gena Latch
Prepared by: Sullivan Engineering Group,LLC
Date: December 28,2021
o) Erosion and Sediment control narrative
Prepared by: Sullivan Engineering Group,LLC
5
229 Brentwood Circle
Watershed Special hermit—Construct addition
Aril 5,2022
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
6
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a•
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TAX MAP Of LOT B
lSO4 GREAT POND ROAD
su• AL S LOT WAS CREATED PRIOR TO
Ha2M ANOOYFA CWHTRYLUB O COP EDGE OF PAVFMENr
+� DC708ER 24, 1884. (AUGUST 1983)
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Sullivan Engineering Group, LLC
Cis Engineers 4 Land Dei eloprnenf C0jjSulfdl7f.S'
Long-,Tenn Stormwater
Operation & Maintenance Plan
229 Brentwood Circle, North Andover
Beginning with the construction of the drainage system, and continuing in perpetuity thereafter, the owner(s)
Of the site shall maintain in accordance with the following schedule:
a. pavement and wallnvays shall be swept in the early spring immediately after snow melt
b. Roof drain inlets, downspouts, and roof drain pipes - All components of the roof drain collection
System shall be inspected at least 2 times per year. Sediments and debris shall be removed and
disposed of in accordance with all applicable federal, state, and Iocal laws. Any components that
become damaged shall be repaired or replaced immediately upon discovery to assure proper
conveyance of stormwater runoff into the drywell systems.
c. Infiltration Chambers--The level of water in the infiltration chambers shall be monitored during and
after heavy rain storms at Feast 2 times per year during the first year of operation and at least twice
annually thereafter for evidence of clogging or other problems. If water does not leave the chambers
within 72 hours after the storm,or if water breaks out on the surface above the systean, or if the roof
collection system begins to overflow frequently (for the 10 year storm intensity or less intense storms),
the infiltration bed is likely clogged. The infiltration bed shall be cleaned and repaired or replaced as
needed to maintain proper functioning.
d. Vegetation shall be maintained in healthy condition to prevent erosion and sedimentation in the
drainage system and wetland resource areas.
e. The NDS 4"pop-up emitter shall be inspected four(4) times per year to insure no clogging;and
to remove any aecomulated leaves, grass, or snow. Emitter shall be checked to determine if
functioning properly.
r 4 '
March 25,2022
O«lner: Date
Gena Hatch
See next page for inspection Log
I'.O. Box 2004 1V11111m, MA 0ISBS (781} $54-8644 e-ntail:jackst 15-3) ;conlcast.nct
229 Brentwood Circle—Inspection Log
Inspection and Maintenance Report Form
To be completed per the Operation and Maintenance schedule
Inspector-, Date:
Inspection Checklist
item:
Pavement and Walkways
Accumulated sand, sediment, leaves Yes or No (circle one)
Sweeping took place Yes or No (circle one)
Roof drains inlets and downspouts
Any signs of sediment or debris at outlets Yes or No (circle one)
Condition of drain inlets/downspouts Good or Poor (circle one)
Any piping need replacement Yes or No (circle one)
Infiltration Chambers
Any signs of water breakout Yes or No (circle one)
Any water in chambers Yes or No (circle one)
If water in chamber, is it empy after 72 his Yes or No (circle one)
Vegetation
Does site vegetation, including grass look health Yes or No (circle one)
NDS pop-up emitter
Are they accumulated leaves, grass or snow Yes or No (circle one)
Does emitter appear to be in good condition Yes or No (circle one)
Additional Notes or Corrective measures taken:
P.O. Box 2004 Woburn,MA 01888 (781) 854-8644 e-mail:jacksu1153@comcast.net
E .
Sullivan Engineering Group, LLC
Civil Engineers&Land Development Consultants
229 Brentwood Circle, North Andover
Erosion and Sediment control narrative:
The owner has shown erosion control to be established in the work area and construction access points. A
construction detail is shown on the plan to provide the contractor guidance for installation. A proposed soil
stockpile area is shown, but most likely will not be needed since excavated soil for the addition will be trucked
directly from the site. All disturbed areas shall be stabilized as quickly as possible with grass seed. In the
event that the site is disturbed over winter months there straw mulch shall be spread over the disturbed areas
until the growing season returns.
Erosion control shall be inspected weekly by the contractor and homeowner to mare sure it is functioning
properly. In the event silt buildup is high on the barrier it shall be removed. Erosion control shall be replaced
if any signs of failure are noted,
P.O. Box 2004 Woburn,MA 01888 (781) 854-8644 e-mail:jacksu1153@comcast.net