HomeMy WebLinkAbout2022-12-20 Decision WSP Bk 1766 Pal l. mac- � 30
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*%aRTk PLANNING DEPARTMPINT
a
Community Development Division
_ .120 Maxi. Street
ey North Andover, Massachusetts,01845 -
NOTICE OF DECISION
Watershed Special Permit
This is certify that twenty(20)days
have elapsed from data of decision
Any appeal shall be filed without firma"fan
an a peaq
within (20) days after the Carla ua 8 W rren
elate of filing this notice in Town Clark
the office of the Town.Clerk.
Date: Dece>uaber 20, 2022
Date of Hearings: November 1, 2022,
Deceinber 20, 2022
Date of Decision: December 20, 2022
Petition of: Patrick J.Gaffny
Premises Affected: 104 Bonny Lane,North Andover,Massachusetts,01845.
Assessor's Map 62,Parcel 47 and located iri the Reside4tial 1 Zoning District.
Referring to the above petition for a Watershed Special Permit:from the requirements of the North Andover
Zoning-Bylaw;Ailicle 4 Part 5 Section 195-419.C.(2)(a), 195419.C.(2)(c))and A licle 10, Section 195-10.7.
So as to authorize construction of an inground pool,patio,and perimeter fence within the Non-Disturbance
Zone of the Watershed Protection District.The property is located in the Residential 1 (R-1)zoning district,
After a public hearing given on the above date, and upon a motion by J. Simons and 21 by A. Koenig to
APPROVE the Watershed Special Permit,as amended,and based upon the following conditions,'Vote was
40 in favor of the application. P.Boynton did not vote in.favor.
Jean Enright
On Bed of the North Andover Planning Board
Eitan Goldberg
John Simons
Peter Boynton
Kelly Cormier
Alissa Koenig .
ATTES ll
A,one copy
104 Bonny Lane,Map 62 Trot 47
Watershed Special Permit---Construction of In Ground fool,Patio,Pence
December 20,2022
The public hearing on the above referenced application was opened on November 1, 2022 and closed by,
the North Andover Planning Board on December 20,2022
On December 20,2022,upon a motion trade by J. Simons,second by A. Koenig,and a vote of 4-1 in
favor to GRANT a Watershed Special Permit for the installation of an inground swimming pool,patio,
and fence within the 100'Nora-Disturbance Buffer Zone of the Watershed Protection District under the
requirements of Article 4 Part 5 Section 195-419.C.(2)(a), 195-4.19.C.(2)(c) and Article 10, Section 195-
10.7 of the North Andover Zoning Bylaw, This Special permit was requested by Patrick J. Gaffny,North
Andover,MA 01845 on September 28,2022. 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
CONDZTxONS set forth in this decision.
The Planning Board vote was 4—1 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 Cleric.
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 project
is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick.
The final design reflects discussions between the Town,the Town's peer review consultant,and Applicant
to ensure the continued protection of Lake'Coohichewick 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 Coebichewick. The Site drainage
system anti storm water management design are designed in accordance with; the Tower 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 October 21,
2022,November 18,2022,and December 14,2022 and response letters Dennis A. Griecci P.E.from
,Andover Consultants, Inc. dated November 11, 2022 and December d, 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 stormwater management for the proposed improvements include porous pavers around the
north and west,wetland side of the pool perimeter to filter and infiltrate rain failing on the pool
area.When the pool is drained at the end ofthe season it will be discharged to a drywall located
outside of the 100' buffer zone.
ii) Best Management Practices (BMP)will be followed with regard to maintenance of the pool,
as stated its the document titled-'Pool and Patio Maintenance/BMP Plan", 104 Bonny Lane,
North Andover, MA, dated December 6, 2022, with Site Plan attached provided by Andover
2
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]04 Bonny Lane,Map 62 Lot 47
Watershed Special Permit--Construction of In Ground Pool,Patio,pence
December 20,2022
Consultants, Inc. These BMPs include permeable paver patio maintenance, proper storage of
chemicals, pool drawdown and maintenance procedures, and vegetated areas maintenance,
Discharge of pool water into the town's storrawater management is strictly forbidden. The
"Pool and Maintenance/BMP flan"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 rioted on the deed.
b) The existing structure is connected to the Town sewer and water systems.
c) The pool will utilize a noun-backwash cartridge filter which eliminates the need to discharge pool water
onto the lawn area during regular pool cleaning.
d) 3n addition, Horsley Witten reviewed the memo dated November I I,2022 from Dennis A. Grimoi,
written in response to the Planning Board questions regarding a drainage channel located at 123 Donny
Lane,which disobarges to l Ake Cochichewick. Based on the drainage design detailed in the memo
the Applicant agrees that the wetland located on the northwest coaxer of 104 Bonny Lane is a bordering
vegetated wetland (BVPV). Storrnwater within the BVW can discharge to the Lake via the existing
drainpipes. Horsley Witten,concurs that the proposed pool and patio as designed and maintained will
not result in a degradation of the quality or quantity of water in or entering Lake Cochichewick.
2) There is no reasonable alternative location outside the General,Non-Disturbance,and the Non-Discharge
Zones for any discharge,structure or activity.
3) The Zoning Board of Appeals granted a variance to allow for the construction of a new permanent structure
of an inground pool within the I00'Non-Disturbance Buffer Zone,
4) The Applicant is required to file a Notice of Intent with the Conservation Commission to construct an
ingrouund pool within 100'of the bordering vegetated wetland,
5) 1n addition,in accordance with Section 195-10.7 ofthe North Andover Zoning Bylaw,the PIanning Board
makes the following ICt)('NDI NG•S 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) Tine use will not adversely affect the neighborhood as the lot is located in a Residential l 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 funding 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
SPFCItA,L CONDITIONS: ,
6)Permit Definitions:
3
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104 Bonny lane,Map 62 Lot 47
Watershed Special Permit—Constmcdon of In Ground Pool,Patio,Fence
December 20,2022
a) The"Locus"refers to the 1.06 acre+/-sq. ft. parcel of land with frontage on Bonny Lane as
shown on Assessors Map 62,Parcel 47, and also known as 104 Bonny Lane,North Andover,
Massachusetts.
b) The"Plans"refer to the Plans pxepared by Andover Consultants,Inc. 1 East River Place,
Methuen,Mass. 01844, entitled"Proposed Pool 104 Bonny Lane North Andover,Mass",
dated March 21,2022 and revised to December 6,2022, Sheet 1 of 1.
c) The"Project" or"104 Bonny Lane"refers to installation of an inground swimming pool,
patio,and fence with in 100'feet of a wetland in the Non-Disturbance Buffer Zone of the
Watershed Protection District
d) The"Applicant"refers to Patrick J. Gaf hy,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
7) The Town Planner shall approve any changes made to these plans;including but-tot limited to,changes
required by the Conservation Commission or any other Board. Any changes deemed substantial by the
Town Planner would require a public hearing and modification by the Planning Board.
8) In no instance shall the Applicant's proposed construction be allowed to further impact the Site than as
proposed one the Flan referenced in,Special Condition#1.
9) The 350 SF disturbed area between the existing fence to be removed and the proposed erosion control barrier
shall be seeded with conservation seed mix and allowed to re-naturalize. This area shall not be mowed or
maintained
Prior to the start of construction or the issuance of a building permit:
10) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North
Andover trust be posted to'ensure that the construction, erosion control, measures, and performance of
any other condition contained herein will tape place in accordance with the plans and the conditions of
this decision and to ensure that the as-built plans will be submitted.
11) Applicant shall sags- the Pool and Patio Operation & Maintenance/BMP Plan and this along with the
approved Site Platt referenced at the end of this Notice of Decision shall be recorded at the North Essex
Registry of Deeds. A copy of the recorded decision shall be delivered to the Planning Department.
12) 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.
13) Applicant shall sign an Illicit Discharge Compliance Statement.
14) 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.
a) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free.
4
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104 Bonny Lane,Map 62 Lot 47
Watershed Special permit—Coristruc-don of In Ground Pool,Patio,pence
December 20,2022
b) The use of coal tar-based pavement sealants is prohibited.
15) The Applicant Will provide copies of all Decisions,Notifications, and Orders of Conditions from the
North Andover Conservation Commission.
16) All erosion control measures as shown on the plan must be in place and reviewed by the.Towri planner,
. I
17) 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.
Prior to release of the Performance Bond:
18) 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 SDF (Standard Digital File) format. The Applicant roust 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 tlxe end of this decision as endorsed by the Planning
Board.This as-built plan shall be submitted to the Town Planner for approval.
19) The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan.
20)No open burring shall be done except as is permitted during burning season under the Fire Department
regulations.
21) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
22) The provisions of this conditional approval shall apply to and be binding upon,the Applicant,its employees
and all successors and assigns in interest or control.
23) This Special Permit approval shall.be deemed to have lapsed December 20,2024 (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.
24) This decision roust be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision.:
Plan titled: "Proposed Pool 104 Bonny Lane North Andover,Mass"
Prepared for: Patrick I Gafty
104 Bonny Lane
North Andover,MA 01845
Prepared by: Andover Consultants,Inc.
I East River Place
Methuen,MA 01844
Scale: 1"=30'
Date: March 21, 2022 and Revised to December 6,2022
Sheets: I of I
5
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104 Bonny Lane,Map 62 Lot 47
Watershed Special Permit--Construction of In Ground pool;Patio,Fence
December 20,2022
Report Title: Pool and Patio Operations&MaintenancelBMP Plan 104 Bonny Lane North.
Andover,Massachusetts(with Site Plan attached)
Prepared for: Patrick J.Gamey
Prepared by: Andover Consultants,Inc.
Date: December 27,2021
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Engineer
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Pool and Patio
Operation & Maintenance/RMP Plan
104 Donny Lane
North Andover, Massachusetts
December 6, 2022
Prepare. for:
Patrick Gaffhy
104 ]Bonny Lane
North Andover, MA 01845
Prepared By:
andover
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I East Waiver Place
Methuen, MA 01844
Nin�i+ldw�cts2t12kat v p« kos r_�,, 104 Bonny La to Nmffi Andover,Mass
Protect information
Site Address
104 an»y Lane
North.Andover,MA 01845
Owner
Patrick Gaffny
104)3onny sane
North Andover,MA 01.845
Site Contact �
Name,, G Fnxf
Telephone:(,97812W-41&,--
Entails
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A. General Operation & Maintenance
A.1 Permeable Paver Patlo Maintenance
The primary maintenaLnce requirement for permeable pavers is to clean the surface
drainage voids.Find debris and duct accumulate in the drainage openings and reduce
the paver's flow capacity.Even though some irreplaceable loss ih permeability
should be expected over the pavet's lifetime,yoit can increase the longevity of the
system.by,following the maintenanm schedule for sweeping and Wgh pressure
washing,restricting the area's use by heavy vehicles,limiting the use of de-icing
chemicals and sand,and implementing a stringent sediment control plan.
1?reventing Cioggutg of Permeable Paver Surface Areas
> Patio areas and/or other areas with permeable pavers shall be cleaned annually
with vacuum$-or hand swept.
> Do not allow construction stagink,soillmulch storage,etc,on unprotected
pavement surface,
> Maintain vegetated areas adjacent to areas with permeable pavers to prevent
washout of soil onto surface,
> Do not apply any type of sealant to permeable havers.
'Removing Snow and Ice
> Shovel snow off permeable pavers as necessary.
> Do not apply abrasives such as sand or grit on or adjacent to permeable pavers.
> Avoid plowing of areas with permeable pavers.
Inspecting the System
> Inspect areas paved with permeable pavers monthly for the first three months
after constructiori to ensure proper functioning and correct any areas that have
settled or experienced washouts.
} Inspect areas paved with permeable pave-is annually after initial three month
period.Annual inspectlons should take place after large storms,when puddles
will snake any clogging obvious.
Repairing-Damages.
> Do not apply any type of sealant to permeable pavers,
> If necessary,acid additional aggregate fill material made up of clean sand or
gravel.
> Damaged interlocking paving blocks should be replaced.
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A.2 Pool Maintenance
i
Prim y pollutants of concerris io swimming pools are d-ilorine,bromine or
chloramines used as disinfectants, These chemicals,if discharged to a resource area
or storm drainage system can have negative impacts on watdr quality and aquatic
Iife.
Storage of Chemicals
> Pool chemicals should not be stored outside. Chemical shall be stored inside and
according to requirements of chemical provider in order reduce contamination in
event of spill.
> Spill dean up materials as recommend by chemical manufacture should be on
hand in the event of a spill
Pool 17rawdown and Maiatitenance
> The pool shall be equipped with a non-backwash cartridge filter to elinilnate the
need to discharge pool water into lawn axea during regular pool cleaning.
> Pool water should not be discharged directly to street or storm drains
> Prior to draining of pool,pool water shall be de-chlorinated per state municipal
requirements by eliminathig chlorine usage for approximately ten days to allow
chlorine Ievels to dissipate or by utilizing sodium thlosulphate or other pool
dichlorination chemical approved by AEP and for use in watershed areas.
> Pool water should be discharged Into the drywell slowing over a period of time
to allow for recharge of pool water into ground.
> When a severe(>100 year storm event)is predicted,the pool water level should
be drained to a sufficient level to allow for 8 irnches of rala to be collected in the
pool.
A.3 Vegetated Amos Maintenance
.Although not a structural component of the drainage system,the maintenance of
vegetated areas'may affect the functioning of the sto=water management system.
TWs includes the healtWensity of vegetative cover and activities such as the
application and disposal of lawn and garden care products,disposal of leaves and
yard trimmings and pxoper aeration of soils,
> Inspect planted areas on a semi-annual basis and remove any litter.
> Maintain planted areas adjacent to patio to prevent soil washout,
> immediately clear►any soil deposited on patio.
> Re-seed bare areas;install appropriate erosion control measures when native$ail
is exposed or erosion channels are forining,
> Pesticide/Herbicide Usage—Only organic or slow release nitrogen,phosphorus
free products shall be used. Non-organic pestiddes and herbicides use is
prohibited
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A.4 Long Term Malntenancel Evaluation Checklist
104 Bonny Lane— North Andover,Kass
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Permeable Vacuum sweep or hand IX per as
Pavers sweep year ! ! necessar
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as
Pool
ltenance See requirements above IX per / ! necessar
a
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Repalrlre-seed bare as
Vegetated spots, replant as 2X per ! ! necessar
Areas necessary to prevent year y
erosion
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