HomeMy WebLinkAbout2022-01-04 WSP Decision S. Delaney �oRTy •",< i
Town of North. Andover ', 1
Office of the Planning Department AN 8 j
120 Main Street
�S•,T,n,*��5 North Andover,Massachusetts 01845
S`�wsjse NOTICE OF DECISION
Watershed Special Permit
Any appeal shall he filed
within (20) days after the
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, and January 4, 2022
Date of Decision: January 4, 2022
Petition,of: Sean and Lauren Delaney,33 Appledore Lane,North Andover,Massachusetts,
01845
Premises Affected: 33 Appledore Lane,North Andover,Massachusetts,01845,
Assessor's Map 97 Lot 77 Rnd located in the Residential 3 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 Adicle
10 Section 195-10.7•
So as to allow the construction of an additional 12'x 24' garage bay, add second floor addition over garage and
breezeway, and expand paved driveway to access new garage bay. The Project is located within the 325' Non-
Discharge Zone of the Watershed Protection District and the Residential 3 zoning district.
After a public hearing given on the above date, and upon a motion by J. Simons and 2"d by K. Cormier to
APPROVE the Watershed Special Permit, and based upon the following conditions. Vote was 5-0 in
favor of the application.
Joan Enright
On Behalf of die North Andover Planning Board
Eitan Goldberg
John Simons
Peter Boynton
Kelly Cormier
Alissa Koenig
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
i
33 Appledore Lane
Watershed Special Permit—Construct additional garage bay,2nd floor addition,expansion of driveway
January 4,2022
The public hearing on the above referenced application was opened on November 16, 2021 and closed by
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 construction of an additional 12' x 24' garage bay, add second floor
addition over garage and breezeway, and expand paved driveway to access new garage bay
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
Bylaw. This Special Permit was requested by Scan and Lauren Delaney,33 Appledore Lane,North
Andover,MA 01845 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 FINDINGS OF FACTS and SPECIAL
CONDITIONS set forth in this decision.
The Planning Board vote was 5-0, 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 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
November 1, 2021,December 16, 2021 and December 29, 2021 and response letters fi-om Sullivan
Engineering Group, LLC dated December 8, 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
addition to a-single-family dwelling:
i) Stormwater management includes a system of two subsurface drywells,which are designed to
capture drainage from the proposed additional impervious areas. The proposed addition and
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33 Appledore Lane
Watershed Special Pennit---Construct additional garage bay,2"a floor addition,expansion of driveway
January 4,2022
second floor total seven hundred and seventeen (717) square feet of gross floor area. The
driveway expansion includes an additional 1,572 square feet of bituminous concrete.
ii) Roof runoff is routed to infiltration areas. The new addition calls for 924 SF of roofed area to
be collected and piped to drywell system.
iii) Best Management Practices (BMP) will be followed with regard to maintenance of the
stormwater management system, as stated in the document titled "Long-Term operation &
Maintenance Plan", 33 Appledore Lane, North Andover, MA, dated December 28, 2021,
provided by Sullivan Engineering Group, LLC and signed by the Property Owner. These
BMPs include maintenance of the pavement and walkway, paving & cape cod berm, roof
drain inlets,downspouts,and roof drain pipes,concrete drywells,vegetation, and trench drain
and concrete manhole. The "Long-Terra Operation&Maintenance Plan" document with the
attached Site Plan referenced here will be considered part of this Notice of Decision.
iv) 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 fi•om Amy
Maxner, Conservation Administrator, dated October, 19, 2021, email communication from Paul
Hutchins,Building Inspector,dated October 22, 2021, and Lt. Bob Kileoyne,NAFD, dated October
19,2021.
e) Erosion control, including 12" staked mulch soxx, 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 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 3 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for tile 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 39,042 SF parcel of land with frontage oil Appledore Lane as
shown on Assessors Map 97,Parcel 77, and also known as 33 Appledore Lane,North Andover,
Massachusetts.
3
33 Appledore Lane
Watershed Special.Permit—Construct additional garage bay,2"4 floor addition, expansion of driveway
January 4,2022
b) The"Plans"refer to the Plans prepared by Sullivan Engineering Group,LLC, dated September
26,2021 and revised to December 28,2021, entitled"33 Appledore Lane,Plot Plan of Land,
located in located in North Andover(Essex County),North Andover,Massachusetts",prepared
for Sean Delaney. Sheets 1 of 1.
c) The"Project" or"33 Appledore Lane"refers to the construction of an additional 12' x 24'
garage bay, add second floor addition over garage and breezeway, and expand paved
driveway to access new garage bay. The Project is located within the 325' Non-Discharge
Zone of the Watershed Protection District and the Residential 3 zoning district.
d) The"Applicant"refers to Sean and Lauren Delaney,the Applicant for the Special Permit.
e) The"Project Owner"refers to the person or entity holding the fee interest to the titleto 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 accornpapying 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-constriction meeting must be hold 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.
4
33 Appledore Lane j
Watershed Special Permit—Construct additional garage bay,211 floor addition, expansion of driveway
January 4,2022
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 burning season under the hire 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 Januaxy 4, 2024 (two years frorzr 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: 33 Appledore Lane, Plot Plan of Land, located in located in North Andover
(Essex County),North Andover,Massachusetts
Prepared for: Scan and Lauren Delaney
33 Appledore Lane
North Andover,MA 01845
Prepared by: Sullivan Engineering Group,LLC
PO Box 2004
Woburn,MA 01888
Scale: 1"=20)
Date: September 26,2021 and revised to December 28,2021
Sheets. 1
b) Report Title: Long-Term Stormwater Operation&Maintenance Plan(with Site Plan attached)
Prepared for; Sean Delaney
Prepared by: Sullivan Engineering Group,LLC
Date: December 28,2021
cc: Project Engineer
Applicant
File
5
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Sullivan Engineering Group, LLC
Clvll Engineers&Land Development Consultants
Long-Term Stormwater
Operation & Maintenance Plan
33 Appledore Lane, 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 fallowing schedule:t
a. Pavement and walkways shall be swept in the early spring immediately after snow melt
b. Paving&cape cod been shall be maintained in good condition to channel surface runoff into the
trench grate
c. hoof 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 local 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.
d. Concrete drywells—The level of water in the drywells shall be monitored during and after heavy rain
storms at least 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 system, 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.
e. Vegetation shall be maintained in healthy condition to prevent erosion and sedimentation in the
drainage system and.wetland resource areas.
£ Trench drain and concrete manhole—Each structure shall be inspected at least four(4)times a year to
insure proper function. The trench drain shall be cleaned of any sediment or leave collection
immediately. The concrete manhole sump shall be cleaned if sediment buildup exceeds 50%of the
sump capacity(2 feet of sediment)
12/28/2021
Al
...��_ Owner:� Date
Sean Delaney
P.O.Box 2004 Woburn,MA 01888 (781) 854-8644 e-mail:jacksu1153@comcast.net