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HomeMy WebLinkAbout2002-12-17 Correspondence 1 1 . I J TOWN OF NORTH ANDOVER PLANNING BOARD ENGINEERING REVIEW OF WATERSHED SPECIAL PERMIT FOR CONFORMANCE WITH THE TOWN OF NORTH ANDOVER ZONING BYLAW AND STANDARD ENGINEERING PRACTICE Site Plan Title: 383 Johnson Street VHB No.: 06716.64 Location: Town of North Andover Owner: John R. Jr. and Elizabeth Leeman Applicant: William Barrett Homes Inc. Applicant's Engineer: Merrimack Engineering Services Plan Date: 07-26-02 Review Date: 11-05.02 The Applicant's engineer submitted plans and documents for review on October 16,2002. The submission was reviewed for conformance to appropriate sections of the 1972 Town of North Andover Zoning Bylaw amended May 2001 and standard engineering practice. The following comments note non-conformance with specific sections and questions/comments on the proposed design. L WATERSHED SPECIAL PERMIT The parcels of land fall within the watershed protection district of Lake Cochichewick and more specifically within either the Non-Disturbance Zone or the Non-Discharge Zone of the surrounding wetlands within this district. The description of the proposed project on the Application for Watershed Special Permit for Lot 3 appears to be incorrect, The Application states that there is an existing home on Lot 3. The plans do not show a structure on this Lot, Please clarify. The Site Plan shows a proposed settling basin near the center of Lot 4. No construction details or other information has been provided for this structure. It is unclear what runoff will be treated by the settling basin and where the discharge point is located. VHB recommends that the Applicant provide further information and detail regarding the proposed structure. Section 4.136.4.c.iv. This section requires that the Applicant demonstrate that there is no reasonable alternative location for the improvements outside of the Non-Disturbance and/or the Non-Discharge Buffer Zones. VHB recommends that the Applicant provide a statement as to why there are no other reasonable alternatives to the proposed work. In particular the Applicant should investigate the possibility of moving the driveway on Lot 3 outside of the Non-Disturbance Zone, The proposed home could be shifted to locate the garage on the opposite side of the house and thereby remove the proposed driveway from the Non- Disturbance Zone. 1 \\Mawa tr\te\0671661\dots\reports\f ohns o nS t-re vi e w l 1-04-02.d o e I Section 4,136,4.c,vi. This section requires that evidence be provided that all operations, including but not limited to fertilizer applications,will not create concentrations of nitrogen in the groundwater greater than the Federal limit. The Applicant has included a note on the plans that a zero phosphate fertilizer will be used for lawn care. VHB recommends that the Applicant provide a more detailed statement regarding the use of fertilizers on the site. VHB would also like to note that the use of any lawn care or garden product(fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply as well as the use of lawn care or garden products that are not organic within the Non-Disturbance Buffer Zone, is strictly prohibited. It is recommended that the applicant provide WRITTEN RESPONSES to the issues and comments contained herein. <I j Reviewed by:. �`fi Date: / Andrew W. Ogilvie,P.E. Senior Project Engineer--Highway and Municipal Engineering Checked by: Tim McIntosh,P.E. Project Manager---Highway and Municipal Engineering 2 \\Mawair\1e\0671661\dots\repasts\]ohnsonSt-reviewl1-04-02,doc I i Transportation Land Development Environmental S e r v i c e s i I e imagination innavatlon�energy Creating results for our clients and benefits for our communities December 9,2002 T awasse H�,c. nuen Br stein, Inc. I Ref: 06716.64 E VaFi(yeRp'• ff R 1 Ii V E- Kathy McKenna Town Planner DEC 1 6 2002 Town of North Andover Community Development&Services NOFITf,l ANDOVEn 27 Charles Street F LANNINQ DEPAFi`f'MI1 NT North Andover,MA 01845 Re 383 Johnson Street `` N �\ North Andover, Dear Kathy, Vanasse Hangen Brustlin,Inc. (VHB)has received revised documents and written response to comments dated November 12,2002. It appears that all of VHB's comments have been adequately addressed and VHB's concerns in this matter have been satisfied.No further engineering review is anticipated at this time. If you have any questions or concerns,please call me at your convenience. Very truly yours, VANASSE HANGRN BRUSTLIN,INC. J Andrew W.Ogilvie,P.E. Senior Project Engineer-Highway&Municipal Engineering 101 Walnut Street Post Office Box 9151 Watertown, Massachusetts 02471-9151 \\\06716A9\does\letters\let-followup review-jolvnon5t-12902.doc 617.924.1770 ® FAX 617.924.2286 email: infogvhb.com www.vhb.com I'I TOWN OF NORTH ANDOVER DIVISION OF PLANNING FACSIMILE TRANSMITTAL SHEET TO; FROM: Bill Barrett Kathy McKenna,Town Planner COMPANY: DATE: 12/17/02 FAX NUA[]3l?R: TOTAL NO.OF PAGES INCLUDING COVER: 978-682-2397 PHONE NUMBER: SENDRIVS REM- CE NUMBI R: RE: YOUR REFERFNCE NUMBER: 383 Johnson Street Watershed Special Permit ❑ URGENT ❑FOR REVIEW ❑ PLEASE.COnIAIENT ❑ PLEASE REPLY ❑ PLEASE.RECYCLE NOTES/COMfENTS: Attached are copies of the decision for 383 Johnson Strect. The first pages (through number 2) are the only portions of the decision that vary. For that reason I've only sent you the fu:st pages of the decisions for lots 2-4. Thanks. [CLICK HERE AND TYPE RrTURN ADDRESS] 383 Johnson Street, Lot 1 Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of William Barrett Homes, Inc., 1049 Turnpike Street, North Andover, MA, 01845, submitted on October 11, 2002,requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the constriction of a 576 square foot garage and driveway accessory to the existing dwelling and grading and drainage structures within the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not he any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts; a) The proposed structure will use the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary. e) Certification has been provided by a registered professional engineer that the new structure will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The plans and documentation have been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion control, and use of organic low nitrogen fertilizers, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity, associated with the proposed project as most of the buildable portion of the lot is located within the Non-Discharge Zone. In accordance with Section 1.0.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 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; 1 ' b) The use will not adversely affect the neighborhood as the lot is located in a residential zone; 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 Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) 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: Site Development Plan of Land Lots 1-4 Johnson Street North Andover,MA For William Barrett Homes Inc. Prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 Scale: 1"=40' Date: August 30, 2002,last revised November 11, 2002 b) 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. 2) Prior to issuance of a building permit: a) A performance guarantee of one thousand ($1000) dollars in a form acceptable to the Town of North Andover must be posted to insure that construction 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner, � 5 c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to the Town Planner and included in the file. 3) 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 ixiitigation 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. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition# 1. 5) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 6) 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, 7) This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted, or December 17, 2004 unless substantial use or construction has commenced. CC. Applicant Engineer File 383 Johnson Street,Lot 2 Special Permit -Watershed Protection District The Planning Board makes the following findings regarding the application of William Barrett Homes, Inc., 1049 Turnpike Street, North Andover, MA, 01845, submitted on October 11, 2002,requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the construction of a 3,415 square foot single family residence, a paved driveway, drainage structures and grading within the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are net. Specifically the Planning Board finds: 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 its findings on the following facts: a) The proposed structure will use the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessaiy. e) Certification has been provided by a registered professional engineer that the new structure will not have an effect on the quality or quantity of runoff entering the watershed protection district, f) The plans and documentation have been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion control, and use of organic low nitrogen fertilizers, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity, associated with the proposed project as most of the buildable portion of the lot is located within the Nan-Discharge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 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; i f 383 Johnson Street,Lot 3 Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of William Barrett Homes, Inc., 1049 Turnpike Street, North Andover, MA, 01845, submitted on October 11, 2002, requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the construction of a 3,738 square foot single-family residence, a portion of paved driveway, drainage strictures and grading within the Non-Discharge Zone of the Watershed Protection District. And to allow construction of a paved driveway, grading and drainage structures in the Non-Disturbance Zone of the Watershed Protection District. FINDINGS OF FACT; In accordance with 4.133 the Planning Board Snakes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 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 its findings on the following facts: a) The proposed structure will use the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary. e) Certification has been provided by a registered professional engineer that the new structure will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The plans and documentation have been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion control, and use of organic low nitrogen fertilizers, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity, associated with the proposed project as the entire lot is within a protected zone. It is not reasonable to flip the house layout and move the driveway out of the Non-Disturbance Zone as that would cause unnecessary alteration in the natural topography of the lot and cause possible conflict with the Residential-3 District building setbacks. I 383 Johnson Street,Lot 4 Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of William Barrett Homes, Inc., 1049 Turnpike Street, North Andover, MA, 01845, submitted on October 11, 2002, requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the construction of a 2,596 square foot single-family residence, a portion of paved driveway, drainage structures and grading within the Non-Discharge Zone of the Watershed Protection District. And to allow construction of a small portion of the structure, a paved driveway, grading and drainage structures in the Non-Disturbance Zone of the Watershed Protection District. FINDINGS OF TACT: In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 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 its findings on the following facts: a) The proposed structure will use the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary. e) Certification has been provided by a registered professional engineer that the new structure will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The plans and documentation have been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion control, and use of organic low nitrogen fertilizers, there will be no degradation to the quality of quantity of water in or entering Lake Cochichewick. g) This lot was issued an Order of Conditions by the Conservation Commission on August 20, 2002, DEP#242-1159. 2. There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity, associated with the proposed project as the entire lot is within a protected zone. The structure, driveway, and drainage structures are designed to provide maximum setback from the wetlands on site.