Loading...
HomeMy WebLinkAbout2022-12-20 Application WSP PLANNING DEPARTMENT _){JVCR Community& Economic Development Division Special Permit— Watershed Permit Application Please type or print clearly. 1. Petitioner: Patrick J. Gaffny Petitioner's Address: 104 Bonny Lane Telephone number&emall: 978-257-4163; patgaff8@yahoo.com 2. Owners of the Land: Patrick J. Gaffney & Holly Dinges Address: 104 Bonny lane Number of years of ownership: one 3.Year lot was created: 1980 4. Is the lot currently on septic or sewer? lot is on sewer If on sewer, please provide date the sewer connection was completed: 11-7-1995 5. Description of Proposed Project: Construction of an inaround pool, patio and perimeter fence within the non-disturbance buffer of a wetland within the watershed of Lake Cochichewick. 6. Description of Premises: an existing, developed single family house lot 7.Address of Property Being Affected: 104 Bonny lane Zoning District: R1 Assessors Map: 62 Lot#: 47 Registry of Deeds: Book#: 16399 Page#: 64 8. Existing Lot: Lot Area(Sq. Ft): 46,209 Building Height: not measured Street Frontage: 174.98 ft. Side Setbacks: 36.2 ft,154.3 ft. Front Setback: 80.4 ft. Rear Setback: 100.0 ft. Floor Area Ratio: nla Lot Coverage: nIa 9. Proposed Lot(if applicable): NIA project on an existing lot. Lot Area (Sq. Ft): nla Building Height: nla Street Frontage: nIa Side Setbacks: nla Page 1 of 2 120 Main Street, Planning Dept., North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Well www.northandoverma.gov Front setback rates l r 1FfoorArea Ratio.• n1a LotCoverage: via 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft): 87,120 Building Height; 36 ft. Street Frontage: 175 tt Side Setbacics: 30 fL Front Setbacle 30 IL WIL Floor Area Ratio: n!a Lot Coverage: n1a 11. Existing Building (if applicable): Ground Floor(Sq.Ft.): #of Floors. 2 Total Sq.FU 3,928 H Use: residential-sin le farn-ITy Type of Construction: wood fTarne 12. Proposed Building:(Inground Pool) Ground Floor(Sq.Ft): nla #of Floors: rva Total Sq.Ft 6a4 Height nla Use: OdMaOrku Pad TM of Corm: 13.Has there been a previous application for a Special Permit from the Planning Board on these premises? no If so,when and for what type of construction? 14.Section of Zoning Bylaw that Special Permit is Being Requested 1954.19 C4 a mhor dean a in gra IW4A9 Cr 2 c ' 15. Petitioner and Landowner slgnature(s): Every application for a Special Permit shall be made on this form, which Is the official form of the Planning Board. Every application small be filed with the Town Clews office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of llus applkAon received by the Tom Clmk(w Pkwkm Oraw does not abWw#0 applicant from Us responsiblfity.The petitioner shall be responsibYe for all expenses forMing and legal notKbation. Failure to comply with application requirements, as cited herein and In the Planning Board Rules and Regulations may result In a dismissal by the Planning Board of this application as incomplete. Petitioner's Sigroture: Print or type name here:Patrick J. Gdifny Owner's Signature: Print or type name here: Patrick J. Gaffny 16.Please list title of plans and documents you wifi be attaching to this apj5hcatlons Proposed Pool-104 Bonny Lane",Scale 1"=20',dated March 21, 2022. Watershed Special Permit Project Description and Supporting Documentation,dated March 21, 2022. I'a e 2 of 2 120 Main Street,Planning Dept., north Andover, Massachusetts 01846 Phone 978.688.9535 Fax 978.688.9542 Web wvvw.nolhandoverma.gov Abulter to Abutter( ) Bulldhg Dept. ( ) Conservation( ) Zoning { ) REQUIREMENT: WL 40&swoon r 1 em"to put'PrYaa in k,tww as uaad In t&d,pw the moan"P*Ok r, ab,Ul.owort of WA dr"oppoWbn wq pjbk or prkata wry,"a"m to dx&o a w" Urfa Ixnhad(300)raftof N propmty Irw of dw pad&a as"ppar on the mono"app4c" fax W.not wMKrido7lur*w tend of"*uch owm%bo Nd Yf w"dY a town,tfw plrntq bond W 1M dy a tw .and tM plr4v board of wary atxAAN dry a Iowa' Subhcr ProafHfY: MAP PARCEL N,4R@ Address 62 47 Patrick Gaffny 104 Bonny Lane North Andover,MA 01845 Abutters Propertles MeD Parcel Name Adores 62 94-0023 David Anderson 23 Cochichewick Drive North Andover,MA 01845 62 53 ' Carol Labovidge 93 Bonny Lane North Andover,MA 01845 82 89 Dac,Chleuly 107 Campion Road North Andover,MA 01846 62 94-0019 M,Domingo 19 Cochlchewick Drive North Andover,MA 01846 62 49 Daniel Donovan 133 Bonny Lane North Andover,MA 01845 62 60 Adrian Dawson 123 Bonny Lane North Andover,MA 01846 62 48 Eileen Donovan 133 Bonny Lane North Andover,MA 01845 62 42 Robert Famharn 673 Great Pond Road North Andover,MA 01845 62 94-0041 Lisa Fucadle 41 Cochichewick Drive North Andover,MA 01846 62 94-0065 John Gallney 7 Warr an Avenva PH 16 Boston,MA 021 W 62 61 Michael Gottfried 115 Bonny Lane North Andover,MA 01845 62 94-0011 John Gresiey 11 Cochtchewlck Drive North Andover,MA 01845 62 94-0057 Elizabeth Guthrie 57 Cochlchewick Drive North Andover,MA 01845 62 94-0035 Johnston Realty Trust 35 Cochlchewick Drive North Andover,MA 01845 62 44 Rebecca Kangos 66 Bonny Lana North Andover,MA 01845 62 45 Wlillam Una 80 Bonny Lana North Andover,MA 01845 62 90 Nicholas Papapalros 95 Campion Road North Andover,MA 01845 62 94-0053 Gisela Nash 53 Cochichewlck Drive North Andover,MA 01845 62 94-0027 Lourdes Ofemas 27 Cochlchewick Drive North Andover,MA 01845 62 94-0051 John Roulhler 51 Cochichew€ck Drive North Andover,MA 01846 62 94-0043 Samantha Smith 43 Cochlchewick Drive North Andover,MA 01845 62 94-0059 Yu Chun 69 Cochtchewick Drive North Andover,MA 01845 62 94-0031 Mario Valdez 31 Cochlchewick Drive North Andover,MA 01645 62 87 Hy-Tu Vo 125 Campion Road North Andover,MA 01846 62 94.0049 Robert Winselear 49 Cochichewlck Drive North Andover,MA 01845 62 94-0025 Gail Woolford 26 Cochlchewick Drive North Andover,MA 01846 62 94-0029 Wu,Dongll LI&Zhang 29 Cochichewlck Drive North Andover,MA 01846 62 46 Deana Gllbride 92 Bonny Lane North Andover,MA 01846 62 94-0016 Pamela Clenney i5 Cochichewlck Drive North Andover,MA 01845 62 94-0017 Christopher Grant PO Box 162 Center Sandwich,NH 03227 62 94-0039 Oban Really Trust 39 Cochichewick Drive North Andover MA 01845 62 52 Lemberto RaffaeiN 106 Bonny Lane North Andover,MA 01846 62 54 Phan,Mumi Duong 61 Bonny Lane North Andover,MA 01845 62 88 Daniel Hudder 115 Campion Road North Andover,MA 01845 62 94-0047 Lynne Querzoli 47 Cochlchewick Drive North Andover,MA 01845 62 94-0061 Michael Stewart 61 Cochlchewick Drive North Andover,MA 01845 62 94-0037 Mary EWne Yameen 37 Cochlchewick Drive North Andover,MA 01845 62 94-0021 Stephen Andrews 21 Cochichewick Drive North Andover,MA 01046 62 94-0046 Jessica Wahl 45 Cochlchewick Drive North Andover,MA 01845 62 94-0033 Diane F'okas 33 Cochichewick Drive North Andover,MA 01845 Dale t� Page 311�r2t32ot 1 T WPOWNtom: of i k� I PLANNING DEPARTMENT Building Conservation Health Planning Stevens Estate Zoning Certification of Payment of Municipal Taxes, Fees, Assessments, Betterments and Other Municipal Charges The Town of North Andover General Bylaw Chapter 129-1, provides that any application for a permit or license may be denied, suspended or revoked If the holder thereof has failed or refused to pay any taxes,fees, assessments, betterments or other municipal charges. By signing this application,tiro applicant represents#Wi,he or she has paid al such taxes and fem 1 Patrick J. Gaf arty , certify under the penalties of perjury that to the best of my knowledge and belief, I have not neglected or refused to pay any municipal taxes, fees, assessments, betterments or any other municlpal charge including amounts assessed under the provisions of section twenty-one D, or am not applying for a license or permit with respect to any ac", event or other matter which is the subject of sudn'ricense or pen-nit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate whose owner has neglected or refused to pay any local taxes,fees, assessments, betterments or any other municipal charge. s Signed under oath: Name W4 Bonny Lane Address Does the Property Owner own any additional property in North Andover(Yes or No)? (Y/N). If yes, please list the property address of any additional property. Property Address: North Andover Tax Collector Signature Name Date Watershed Special Permit Project Description & Supporting Documentation 104 Bonny Lane North Andover, Massachusetts March 21, 2022 Prepared for: Patrick I Gaffny 104 Bonny Lane North Andover, MA 01.845 Prepared By: andover consultants inc. 1 East River Place Methuen, MA 01844 978-687-3828 Project Description The proposed pool project is located at 104 Bonny Lane and is depicted on North Andover Assessors Map 62 Lot 47, The parcel consists of 46,209±square feet of land and located on the northerly side of Bonny Lane down near the end of the road at the cul-de-sac. The pool construction is over 400 feet from Lake Cochichewick, but within the Watershed Protection District. The lot was created in 1980, pre-dating the October 24, 1994 implementation of the by- law. The pool construction is outside of the 250 foot Non-Disturbance buffer and the 325 foot Non-Discharge buffer from the mean annual high water of Lake Cochichewick. A wetland resource area, at the northwest corner of the parcel, west of the proposed work, was flagged by Norse Environmental Services, Inc. in June of 2021. The presence of the wetland means the pool is located within the 100 foot Non-Disturbance and 325 foot Non-Discharge buffer to a wetland resource within the Watershed protection District. The lot is served by a municipal sewerage system so nitrogen and phosphorus contributions to the groundwater will be minimal and typical of surrounding residential uses. It is anticipated that permit approval will require that fertilizers to be organic and slow release, free of phosphorus further minimizing chemical impact to the groundwater. The proposed project involves the construction of an inground pool with a pervious paver patio and appurtenant grading to construct it, The parcel currently has a wooden picket fence and a portion that is chain link which will be replaced with a new chain link fence, in the same location as the existing fence. The fence encroaching on the abutting property to the north will be removed. No perennial streams are shown on or near the lot according to the USGS Massachusetts StreamStats program and the North Andover Riverfront Map. A copy of the national Wetland inventory map is enclosed. The flagged wetland on the lot does not appear on the national map. No wetland area will be disturbed as part of the proposed work. A copy of the Estimated Habitat Map is not attached as there are no estimated habitats of rare wetlands wildlife or certified vernal pools on or near the lot according to the Natural Heritage and Endangered Species Program web site dated August 1. 2021. A copy of the Flood Insurance Rate Map is attached. The parcel is not in the floodplain per Flood Insurance Rate Map 25009CO228F, dated July 3, 2012. Soils on the lot were mapped by the USDA Natural Recourses Conservation Services (NRCS) as Charleton fine sandy loam, map unit 4060 and Ridgebury/Leicester fine sandy loam, Map unit 715. The Ridgebury/Leicester soil is assigned to Hydrologic Soil Group (HSG) C which are soils having a slow infiltration rate when thoroughly wet and are typically vegetated with wetland plants, the flagged wetland on the lot falls within the area depicted on the map. The soil map indicates that the work is in close proximity to the boundary between the Ridgebury and Charleton soil types. It is likely that the work will be conducted in the Charlton soil deposit as this is an upland soil. The Charleton fine sandy loam is assigned to HSG B, soils with moderate infiltration rates when thoroughly wetted and consists chiefly of moderately well to well-drained soil. Since the project consists of work on a single family house lot, the project is exempt from the MADEP Stormwater Management Standards. Stormwater will be treated and mitigated by using porous pavers around the pool perimeter to filter and infiltrate rain falling on the pool area. During construction, the perimeter of the work will be protected with staked erosion barrier products to prevent migration of sediment from the site until final stabilization. Supporting Documentation: 1. Encouraging the most appropriate use of land The proposed use of a pool at a single family dwelling is appropriate as the site is located within the R1 zoning district and swimming pools are common appurtenances on single family properties. 2. Preventing overcrowding of land The proposed work complies with the required zoning setbacks and is a ground level pool. The pool is in the backyard and enclosed with a new fence placed in the same location as existing fencing. 3. Conserving the value of land and buildings The proposed project should enhance the value of the property and provide additional recreational value for the residents. 4. Lessening congestion of traffic The proposed project will not increase the average daily traffic from the lot and the existing driveway is sufficient to accommodate friends or relatives as may visit the site occasionally to enjoy the pool with family or friends. 5. Preventing undue concentration of population The proposed pool is an enhancement to a developed lot with an existing single family home which will not typically concentrate population. Occasional visits from family or friends are generally not considered an undue concentration of people. b. Providing adequate light and air The completed pool project will not adversely impact the light or air quality of the surrounding areas. 7. Reducing the hazards from fire and other danger The proposed project will not pose any hazards from fire or other danger. 8. Assisting in the economical provision of transportation, water, sewerage, schools, parks, and other public facilities The addition of a pool to the lot will not negatively impact the public facilities or utilities noted above. 9. Controlling the use of bodies of water, including watercourses The proposed pool project is on a lot that does not directly abut Lake Cochichewick and will not have any impacts on present use of the Lake or its tributaries. 10. Reducing the probability of losses resulting from floods The property is not within a floodplain reducing the probability of the work causing damage and loss. 11. Reserving and increasing the amenities of the Town The proposed project will result in an improvement to the property and increased property tax which will help to increase funds available to the Town for public amenities. Written Certification I,James S, Fairweather certify by signing below that the work as depicted on the plan titled "Proposed Pool-104 Bonny Lane" dated March 21, 2022, prepared by Andover Consultants, Inc. will not result in the significant degradation of the quality or quantity of water in or entering Lake Cochichewick. 'P 07"`�'s,, �� •� JAMES S. , FAIRWEATHER ii CNIL mes S, Fairweather II, MA P.E. #i34716 ��°'34716^O o� 015.1 `�4• Proof of no reasonable alternative Location The proposed work is proposed in an optimal location for the use as the lot is encumbered entirely by the 325 foot non-discharge buffer and a significant, wooded portion by the 100 foot non-disturb buffer. Additionally, the parcel is encumbered by the wetland to the northwest, easements along the north and east sides of the lot, and steep slopes east and especially south minimizing the potential for alternative locations to place the pool on the lot. Evidence of approval from MassDFP No approval from MassDEP is required for any industrial wastewater treatment or disposal system or any wastewater treatment for a system of fifteen thousand gallons per day capacity as none are proposed. Evidence on site operations will not create concentrations of nitrogen in _groundwater greater than the Federal limits down gradient of the property The construction of the proposed pool will employ all the best management practices suitable for a pool concerning erosion and stormwater control. Sediments will be managed by installing an erosion control barrier to keep sediments from entering the downhill wetland, The pool is not s source of nitrogen and phosphorus so there will be no increases in nitrogen concentrations downgradient of it. Pro'ections of down gradient concentrations of nitro en phosphorus, and other relevant chemicals at property boundaries. The proposed pool will not create concentrations of nitrogen or phosphorus, or other relevant chemicals, at the property boundaries.