HomeMy WebLinkAbout2015-03-17 Application WSP DEF SUB John T. Smul ak, Esq.
SM.OLAK & VAUGHAN '-".
... ....................... ............ T: 978-327-5215 1 F: 978-327-5211)
February 21,2015
BY EMAIL
John Simons, Chairman
Planning Board
Town of North Andover
1600 Osgood Street
North Andover, Massachusetts 01845
RE: Request for Waiver of Watershed Special Permit
Project: Rudick Place --1046 Great Pond Road
Applicant: Marc E. Rudick
Confirmation of Withdrawal
Dear Chairman Simons and Other Board Members:
On behalf of the Applicant, Marc E. Rudick, the purpose of this letter Is to
confirm the Applicant's withdrawal of the request for waiver of the Watershed
Special Permit requirements, and we therefore will proceed with the Watershed
Special Permit hearing scheduled for Tuesday, March 3, 2015.
Please feel free to contact my office with any further questions or
concerns.
Sincerely,
x Johii
JTS/
CC., Jean Enright, Interim Planner(Via Email)
Phil Christiansen, P.E., Christiansen &Sergi, Inc.
ffi0087949,v1)Le;M Mill,21 High Street,Suite 301,North Andovet',NIA(11845
WWW.SiN,10[,AKVAIJ(-,IIAN,('Oi I
SMOLAK �r "1
I John '. Smolak, Esq.
. ... p��� � ty. T: 978-327-5215 ( F: 978-327-5219
A I t f7 14 IJ . Y `. A 't I.A W Ismolak[r),smol�kv�ugha3f.cnm
February 5, 2015
BY HAND
John Simons, Chairman
Planning Board
Town of North Andover
1600 Osgood Street
North Andover, Massachusetts 01845
RE: Application for Watershed Protection District Special Permit or Waiver
Project; Rudick Place -- 1046 Great Pond Road
Applicant: Marc E. Rudick
Dear Chairman Simons and Other Board Members:
On behalf of the Applicant, Marc E. Rudick, enclosed please find an
Application for Watershed Protection District Special Permit along with
accompanying plans and other supporting materials in connection with the
proposed stormwater management work related to the pending definitive
subdivision application for the same 6.54-acre parcel of land to be known as
Rudick Place which is located at 1046 Great Pond Road.
As an alternative, the Applicant respectfully requests a waiver from the
requirement for obtaining a Watershed Protection District Special Permit, given
that it meets the requirements for a waiver under the criteria outlined under
Section 4.136.8.1 of the Zoning Bylaw, the proposed stormwater work is minor in
nature, and any best management practices required for stormwater can be
incorporated into a definitive subdivision decision without the necessity of
issuing a separate Watershed Protection District Special Permit.
Please feel free to contact my office with any further questions or
concerns.
S' erely,
ohn . Smolak
JTS/
cc: Jean Enright, Interim Town Planner
Town Clerk's Office (By Hand)
Phil Christiansen, P.E., Christiansen &Sergi, Inc.
{00086844,v1}least Mill,21 Higli street,Suite 301,North Andover,MA 01845
W W W.SMOLAKVAUCHAN.COM
ttORTtl
Ot
2015 FEB -5 PH 1 20
PLANNING DEPARTMENT
CornMnity Development Division
NA SS
Spe ial Perinit — Watershed Pei-mit A2pfication
Please type or print clearly.
1. Petitioner: Marc, E. Rudick
Petitioner's Address: 1046 Great Pond Road, North Andover, Massachusetts 01845
Telephone number: 978-360-0215
2. Owners of the Land: PR Investments, LLC and MR Investinents, LLC
Address: 1046 Great Pond Road, North Andover, Massachusetts 01845
Number of years of ownership: 5 years
3.Year lot was created: 1990............(See Plan No. 16372G filed with ENR Dist,of Land Court)
4. Is the lot currently on septic or sewer? Sewer
Lot currently has sewer connection from Great Pond Road.
If on sewer, please provide date the sewer connection was completed: Unknown
5. Description of Proposed Project: Project involves the construction of a new stormwater management
system designed to capture and treat stormwater originating from Great Pond Road
6. Description of Premises:A 6.54-acre parcel located entirely within the Residence 1 (R-1)Zoning
District,, and depicted on the Town of North Andover Assessors Maps as Map 103, Lot 27
7.Address of Property Being Affected: 1046 Great Pond Road
Zoning District: Residential I (R-1)
Assessors Map: 103 Lot#: 27
Registry of Deeds: Certificate of Title No. 16052
8. Existing Lot: Occupied by Four Dwellings not subject to Watershed District Jurisdiction.
Lot Area(Sq. Ft). 284,927+/-- - Building Height NIA
Street Frontage: 436+/-feet Side Setbacks: N/A. ..................................
Front Setback- N/A Rear Setback: N/A
Floor Area Ratio: NIA Lot Coverage: N/A
9. Proposed Lot(if applicable). N/A—Work within Jurisdiction Is Stormwater System only.
Lot Area(Sq. Ft): Building Height_.
Street Frontage Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio Lot Coverage:
10. Required Lot(as required by Zoning Bylaw): See Sections 7,7.1 and Table 2 of NAZB and Legal
Memo
Lot Area(Sq. Ft): 87,120 s.f. Building Height: 35 Feet Max.
Street Frontage: 175 Feet Side Setbacks: 30 Feet
Page 1 of 2
1600 Osgood Street,North Andover, Bldg.20,Suite 2-36 Maiming Dept.,Massachuselts 01845
Phone 978,688,9535 Fax 978.688.9542 Web wvi4y,iownofiioi-tli(iii(iover,coni
Edited 816107
i
Front Setback: 20 Feet Rear Setback: 20 Feet
Floor Area Ratio: N/A Lot Coverage: N/A
11. Existing Building(if applicable): NOT APPLICABLE.
Ground Floor(Sq. Ft.): #of Floors:
Total Sq, Ft.: Height:
Use:Vacant Type of Construction:
12. Proposed Building: NOT APPLICABLE. Stormwater Improvements only.
Ground Floor(Sq. Ft.): #of Floors;
Total Sq. Ft. Height:
Use: Type of Construction:
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: Sections 4,136 and 10.31
15. Petitioner and Landowner signature(s)-
Every application for a Special Permit shall be made on this form, which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the
responsibility of the petitioner to furnish all supporting documentation with this application. The
dated copy of this application received by the Town Clerk or Planning Office does not absolve the
applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and
legal notification. 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 Signature:
Print or type name here:1&c E. Rudick See Authorization atta d..
Owner's Signature:
Print or type name here• arc E. udick as Manager,duly authorized. Se horization attached,.
PR Investments, LLC and MR Investments, LLC
16. Please list title of plans and documents you will be attaching to this application.
See list of clans and specifications described in attached Memorandum.
Page 2 of 2
1600 Osgood Street,North Andover,eldg.20,Suite 2-36 Planning Dept.,Mussacliusetts 01845
Phone 978.688,9535 Fax 978.688.9542 Web www.todvnofiiortliandover.tom
Edited 8j6/07
TOWN OF NORTH ANDOVER PLANNING BOARD
APPLICANT: MARC E. RUDICK
OWNER: PR INVESTMENTS, LLC AND MR INVESTMENTS, LLC
PROPERTY: 1046 GREAT POND ROAD
MEMORANDUM IN SUPPORT OF APPLICATION FOR WATERSHED
PROTECTION DISTRICT SPECIAL PERMIT SPECIAL PERMIT
(Sections 4.136 aii:d t0.3 of North Andover Zoithilg Bylaw)
I. INTRODUCTION
Marc E. Rudick (the "Applicant") is requesting the Planning Board to grant a
Watershed Protection District Special Permit for the construction of a stormwater
management facility in connection with a proposed definitive subdivision of a parcel of
land known and numbered as 1046 Great Pond Road. The site contains approximately
6.54 acres of land and is designated on the Town of North Andover Assessor's Maps as
Map 64, Lot 26 (the "Property"). The Property is located on the north side of Great
Pond Road. The Property is currently occupied by four separate dwellings, and is
proposed to be divided into three separate lots upon which one single family dwelling
would be located thereon,with the fourth existing dwelling to be razed or moved off
the Property. The work related to the existing dwellings is not located within
jurisdictional areas covered by the Watershed Protection District. In turn, the only
work which is subject to the performance standards of the Watershed Protection District
is the proposed installation of a stormwater management system which will receive
untreated stormwater from Great Pond Road, and will divert a portion of the
stormwater through a treatment system running to the rear of the site, with the balance
of the stormwater running as currently depicted on the plans provided to the Board
designed to continue to feed the existing wetland resource area located downgradient
of the Property.
The Property is located within the Residential 1 (R-1) Zoning District within
which the proposed Project use for a single family dwelling is permitted by right but
the proposed work involving the stormwater management system is subject to the relief
described below.
11. PROPOSED PROJECT
The Applicant proposes to construct a stormwater management system running
westerly from Great Pond Road onto the property for a distance of approximately 60
feet, and then southerly through an existing stormwaterline for an additional 50 feet,
{00086763;vl lWateished Protection District Special Pennit Memorandum -- Planning Board
1
and which point, the stormwater will be diverted into two directions. First, the
stormwater during smaller events will continue to travel southerly on the Property
where it then discharges and sheet flows downgradient to and beyond the southerly
property boundary. Second, the the stormwater during larger events will be diverted to
a send line which runs westerly on the Property through two drain manholes to a level
spreader where the stormwater is discharged. The Site Plans showing the proposed
layout and related stormwater improvements are attached as EXHIBIT C.
II1. REQUIRED RELIEF AND APPLICABLE ZONING REQUIREMENTS
Based upon our preliminary review of the proposed improvements, the
Applicant has determined that a Watershed Protection District Special Permit (Sections
4.136 and 10.3 of NAZB) is required since the Property lies within the Watershed
Protection District and the proposed stormwater line construction work lies within the
Non-Disturbance Zone in an area in ecess of 100 feet from a wetland resource area but
not greater than 15o feet from such wetland resource area except for a portion of the
new stormwater line running westerly on the Property through both the Noll-Discharge
Zone and general Zone, al as depicted on the Site Plans. Since no work is proposed
within a wetlands resource area including the 100-foot buffer zone, there is no
Conservation Commission jurisdiction over the proposed stormwater improvements
under both the State Wetlands Protection Act and North Andover Wetlands Bylaw and
Regulations. In addition to a Watershed District Special Permit, the Project requires an
approval for a Definitive Subdivision, both from the Planning Board.
A. WATERSHED PROTECTION DISTRICT CRITERIA Section 4.136
The proposed Project stormwater system is also located entirely within the
Watershed Protection District boundaries so certain work on the Property must comply
with Section 4.136 of the NAZB. Moreover, since the Property is located on a lot
recorded on March 9, 1951 (i.e., prior to the date of the enactment of amendments to the
District in 1994), the revised provisions relating to the Conservation Zone and the
enlargement of the Non-Disturbance Zone and the Non-Discharge Zones do not apply
to the Project as described in Section 4.136(2)(0 of the NAZB.
Accordingly, the following are the zones applicable to the Project:
Table 1. Lots cheated alter October 24, 1994
Conservation Non-Distrurbance I Non-Discharge General
From Edge of All Within 75 Feet 75 to 150 Feet 150 to 400 Feet > 400 Feet
Wettand Resource
Areas Within the
Watershed District
100086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board
2
No work is being performed within the Conservation Zone.
Work is being performed within the 150-Foot Non-Disturbance Zone but such
work is outside the 100-Foot wetlands buffer zone as depicted on the Site Plans.
Work is also being performed within both the Non-Discharge Zone and General
Zone with regard to a segment of the proposed new stormwater line running westerly
on the Property to a spreader area.
Non-Disturbance Buffer Zone
Proposed Work: As noted above, the stormwater work will involve the
installation or stormwater facilities including stomwater lines, drop manholes.
• Allowed Uses and Applicable Standards: Within the Non-Disturbance Buffer
Zone, single family residential use is allowed by right, but uses allowed by
Special Permit in the Non-Disturbance Zone include:
a. Section 4.136(3)(c)(ii)(2) --Vegetation removal or cutting, other than in
connection with agricultural uses or maintenance of a landscape area.
b. Section 4.136(3)(c)(ii)(5) -- Any surface or sub-surface discharge, including
but not limited to, storm water runoff; drainage of any roadway that is
maintained by the Division of Public Works or any private association;
outlets of all drainage swales; outlets of all detention ponds.
Building Requirements and Performance Standards: Section 4,136(3)(c)(iv)
provides that"all construction in the Watershed Protection District shall comply
with best management practices for erosion, siltation, and storm water control in
order to preserve the purity of the ground water and the lake; to maintain the
ground water table; and to maintain the filtration and purification functions of
the land,"
• Pro'ject Compliance With Building Requirements and Performance Standards:
As depicted on the Site Plans and accompanying documentation,best
management practices for erosion, siltation, and storm water control will be
implemented in connection with the work, and no prohibited uses will be made
in connection with the work, Stormwater improvements will be maintained and
managed by lot owners as a part of the subdivision covenants to be created in
connection with the Definitive Subdivision.
(00086763;v i)Watershed Protection District Special Pennit Memorandum -- Planning Board
3
I
Non-Discharge Buffer Zone
• Proposed Work: As noted above, the stormwater work will involve the
installation or stormwater facilities including stomwater lines, drop manholes,
and a level spreader.
• Allowed Uses and Applicable Standards: Within the Non-Discharge Buffer
Zone, single family residential use is allowed by right, but uses allowed by
Special Permit in the Non-Discharge Zone include:
a. Section 4.136(3)(b)(ii)(1) -- Any surface or sub-surface discharge, including
but not limited to, storm water runoff; drainage of any roadway that is
maintained by the Division of Public Works or any private association;
outlets of all drainage swales; outlets of all detention ponds.
• Building Requirements and Performance Standards: Section 4.136(3)(b)(iv)
provides that"all construction in the Watershed Protection District shall comply
with best management practices for erosion, siltation, and storm water control in
order to preserve the purity of the ground water and the lake; to maintain the
ground water table; and to maintain the filtration and purification functions of
the land."
• P_rniect Compliance With Building Requirements and Performance Standards:
As depicted on the Site Plans and accompanying documentation, best
management practices for erosion, siltation, and storm water conhol will be
implemented in connection with the work, and no prohibited uses will be made
in connection with the work. Stormwater improvements will be maintained and
managed by lot owners as a part of the subdivision covenants to be created in
connection with the Definitive Subdivision.
General Buffer Zone
• Proposed Work: As noted above, a portion of the stormwater work may involve
the installation or stormwater facilities including stomwater lines and drop
manholes within the general Buffer Zone.
• Allowed Uses and Applicable Standards: Within the general Buffer Zone, single
family residential use is allowed by right, but uses allowed by Special Permit in
the Non-Discharge Zane include:
a. Section 4.13 6(3)(a)(ii)(2) --Any other uses not provided for elsewhere in
this Section.
(00086763;v1)Watershed Protection District Special Permit Memorandum -- Planning Board
4
• Building Requirements and Performance Standards: Section 4.136(3)(a)(iv)
provides that"all construction in the Watershed Protection District shall comply
with best management practices for erosion, siltation, and storm water control in
order to preserve the purity of the ground water and the lake; to maintain the
ground water table; and to maintain the filtration and purification functions of
the land."
• Project Compliance With Building Requirements and Performance Standards:
As depicted on the Site Plans and accompanying documentation, best
management practices for erosion, siltation, and storm water control will be
implemented in connection with the work, and no prohibited uses will be made
in connection with the work. Stormwater improvements will be maintained and
managed by lot owners as a part of the subdivision covenants to be created in
connection with the Definitive Subdivision.
Section 4.136(4) of the NAZB ("Special Permit Requirements") requires the
following information to be provided:
(a) a written certification by a Registered Professional Engineer, or other
scientist educated in and possessing extensive experience in the science of hydrology
and hydrogeology, stating that there will not be any significant degradation of the
quality or quantity of water in or entering Lake Cochichewick, is attached as Exhibit B.
(b) As demonstrated by the Site Plans and supporting information, there is no
reasonable alternative location outside the Non-Disturbance and/or Non-Discharge
Buffer Zones and/or general Zone for any discharge, structure, or activity, associated
with the proposed use to occur.
(c) As demonstrated by the Site Plans and supporting information in
EXHIBIT C, all on-site activities including, but not limited to, construction and fertilizer
applications will not create concentrations of nitrogen in groundwater, greater than the
Federal limit at the down gradient property boundary.
(d) Based upon a determination by the Project engineer,no concentrations of
nitrogen or phosphorous are anticipated to be generated as part of this Project.
(e) As demonstrated by the Site Plans and supporting information described
herein, any runoff from impervious surfaces will, to the extent possible, be recharged on
site and diverted toward areas covered with vegetation for surface infiltration.
Accordingly, the Applicant respectfully requests the Board to find that, as a
result of the proposed use in conjunction with other uses nearby, there will not be any
significant degradation of the quality or quantity of water u1 or entering Lake
Cochichewick.
{00086763;v t)Watershed Protection Bisiriel Special Permit Memorandum -- Planning Board
5
B. SPECIAL PERMIT APPROVAL CRITERIA (Section 10.31)
Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not
approve any such application for a Special permit unless it finds that in its judgment all
the following conditions are met. The following lists the criteria and how these criteria
are met.
a. The specific site is an appropriate location for such a use, structure or
condition.
As the property is zoned for residential use and involves purely
stormwater management work, the site is an appropriate location for the
proposed Project. The Property abuts single family residential homes to
the east,north and south of the Property, as well as across Great Pond
Road. The site design compliments the surrounding uses and provides for
sufficient traffic and circulation improvements, as well as sufficient water,
sewer and other utilities.
b. The use as developed will not adversely affect the neighborhood
character.
The Project provides appropriate best management practices and involves
no new structures. Accordingly, the proposed use is well suited for its
proposed location.
b. Social, economic, or community needs which are served by the
proposal.
The Project proposed relates solely to stormwater management facilities
designed to treat stormwater which is untreated today. As a result,
important environmental measures have been incorporated into the
design such that the Project will not have an impact on the watershed of
Lake Cochichewick.
d. There will be no nuisance or serious hazard to vehicles or pedestrians.
Stormwater facilites will be constructed in accordance with best
management practices so there will be no nuisance or serious hazard to
pedestrians or vehicles.
{00086763;v1}Watershed Protection District Special Permit Memorandum Planning Board
6
e. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use.
The project is adequately and appropriately sized in order to effectively
manage and adequately address the needs of the Project. Stormwater
management facilities will provide adequate treatment of stormwater in
accordance with applicable requirements,
f. The use is in harmony with the general purpose and intent of this
Zoning Bylaw.
In addition to the reasons described herein and as shown on the Site Plans
and other information submitted as part of the site plan review process,
the proposed use is in harmony with the general purpose and intent of
this Zoning Bylaw for the following reasons. First, the project will
incorporate measures which will not result in impacts the water quality
within the Lake's watershed. Also, the project, as shown on the Site Plans,
complies with the Zoning By-Law. For these reasons, all of the proposed
improvements and enhancements noted herein are in harmony with the
general purposes and intent of Section 1 ("Purposes") of the North
Andover Zoning Bylaw,
C. ALTERNATIVE REQUEST FOR WAIVER FROM WATERSHED
SPECIAL PERMIT
In accordance with Section 4.136.8.1 of the Watershed Protection District
provisions, "when any construction proposed on an existing structure within the
Watershed Protection District will not expand the existing footprint of a structure, and
will not disturb existing topography, and is a proposal on town sewer, the Planning
Board may determine, without a public hearing, that submission of a watershed
protection district special permit is not required. However, in order to obtain such a
waiver, an applicant must schedule and agree in writing for the Town Planner to
perform a minimum of two inspections during the construction process to ensure
proper erosion control is established during construction; the applicant must also agree
in writing that the Town Planner can stop construction if the proper erosion control is
not in place."
Based upon the foregoing, the Applicant, as an alternative for the need for a
Special Permit under Section 4.136, respectfully requests the Board to find that a waiver
from the need to obtain a watershed protection district special permit is appropriate for
the proposed work described herein. If the Board makes such a finding, then the
Applicant agrees to allow for the Town Planner to perform a minimum of two
inspections during the construction process to ensure proper erosion control is
(00086763;O)Watetshed Protection District Speciat Permit Memorandum -- Planning Bolin
it
established during construction. The Applicant further acknowledges and agrees that
should such a waiver be granted, the Town Planner can stop construction if the proper
erosion control is not in place.
V. REQUEST FOR APPROVAL OR WAIVER
For the above reasons, Applicant respectfully requests that the Planning Board
make the required findings for a waiver in accordance with the terms and conditions
described under Section 4.136(8)(1). In the alternative, should the Board not make such
finding, then the Applicant respectfully requests the Board to make a finding that the
Applicant complies with all the criteria and conditions described under Sections 4,136
and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's request for a
Watershed Protection District Special Permit.
Respectfully submitted,
APPLICANT: Marc E. Rudick
B its attorneys,
John T. Smolak, Esq.
Smolak &Vaughan LLP
East Mill, 21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. (978) 327-5215
Fax (978) 327-5219
{00086763;v1)Watcrshcd Protection District Special Permit Memorandam -- Planning Board
EXHIBIT A
AUTHORIZATION LETTER
{00085763;v1}Watershed Protection District Special Permit Memorauduc,*.1 Planning Board
9
i
i
OWNER AUTHORIZATION
1046 Great Pond Road,North Andover, MA
(Assessors Map 103,Lot 27—6.3 acres,the"Property")
I, Marc E. Rudick, individually, and as duly authorized agent of both PR
Investments, LLC and MR Investments, LLC,which are both Maryland limited liability
companies having a business address at c/o Marc Rudick, 1046 Great Pond Road,North
Andover, Massachusetts 01845, the record owners as tenants in common (collectively,
the"Owner")of the real property referenced above(the"Property"), hereby authorize
Marc Rudick, Christiansen& Sergi, Inc.,and Smolak& Vaughan.LLP,or their agents
to file with, and apply to,the Plwming Board,Building Department,the Board of Health
of the Town of North Andover,Massachusetts, as well as to any other local, state and
federal boards or agencies, for all approvals and/or authorizations necessary to obtain
approval and/or consent to the use and development of such Property.
Dated: September 17,2014
OWNER:
MR Investments, LLC
L
Marc E. Rudick
Its: Member, duly authorized.
PR Investments, LLC
Marc E. Rudick
Its: Member, duty authorized.
EXHIBIT B
WATER QUALITY CERTIFCATIONS AND ANALYSES
(00086763;vl)Waterslied Protection District Special Pennil Memorandum Planning Board
10
Water uali Certification and Analysis
1, Philip G. Christiansen, hereby certify that the
work depicted on "Special Permit Plan for Rudick
Place" in North Andover, MA dated February 4,
2015, prepared by Christiansen & Sergi, Inc, will
not, as proposed, contribute to any significant
degradation of the quality or quantity of water in
or entering Lake Cochichewick.
1 ip G. Christiansen, PE MA #28895 Date
� �A�k GF ky
pHIL.IP Q. �G
CHRISTIANSEN
CIVIL.
N0 �8895
�GIS �`�q`�`��
to At
EXHIBIT C
SITE PLANS
{00086763;vl)Wafefshed Protection District Special Pcnjjjj Melljorandurn Planning Board