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HomeMy WebLinkAbout2023-03-21 Decision WSP PLANNING DEPARTMENT NORTy , 0, A,EE„6o 06 0� Community Development Division - - 0_ _ A 120 Main Street e" North Andover,Massachusetts, 01845 ;•S/ n 7 0 ATED I•PP ,�5 �Ss CHus�� NOTICE OF DECISION Watershed Special Permit This is certify that have elapsed from date of uocisiolz Any appeal shall be filed wltnout t;IIDat(a within (20).days after the Carla awne Warren date of filing this notice in Town clerk the office of the Town Clerk. Date: March 21, 2023 Date of Hearings: March 21, 2023 Date of Decision: March 21, 2023 Petition of: Anthony and Lindsey Sallese,North Andover,MA 01845 Premises Affected: 521 Dale Street,North Andover,Massachusetts,01845. Assessor's Map 104C,Parcel 145 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Article 4 Part 5 Section 195-4.19(B)and Article 10, Section 195-10.7. So as to allow the installation of an inground swimming pool, paver patio and fence within the 325' Non- Discharge Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by S. Kevlahan and 2nd by P. Boynton to APPROVE the Watershed Special Permit,as amended,and based upon the following conditions.Vote was 5-0 in favor of the application. n t r' � / f Jean Enright On Behalfzf the North Andover Planning Board Eitan Goldberg Sean Kevlahan Peter Boynton . Kelly Cormier Alissa Koenig A'1"I'E�'T• ATi•ue Copy 'Town Clei-� 521 Dale Street Map 104.0 Lot 145 Watershed Special Permit—Construction of In Ground Pool,Patio,Fence March 21,2023 The public hearing on the above referenced application was opened on March 21,2023 and closed by the North Andover Planning Board on March 21,2023. On March 21,2023,upon a motion made by S. Kevlahan and seconded by P. Boynton to GRANT a Watershed Special Permit for the installation of an inground swimming,paver patio,and fence within the 325'Non-Discharge Zone of the Watershed Protection District under the requirements of Article 4 Part 5 Section 195-4.19(B) and Article 10, Section 195-10.7 of the North Andover Zoning Bylaw. This Special Permit was requested by Anthony and Lindsey Sallese, 521 Dale Street,North Andover,MA 01845 on February 22,2023. 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 Project is located within an extremely environmental sensitive area and in close proximity to a bordering vegetated wetland located within the Watershed Protection District.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. 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 Cochichewick. The Site drainage system and storm water 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 March 2, 2023 and March 15, 2023 and response letter from William & Sparages dated March 15, 2023. 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 inground pool and patio: i) The stormwater management for the proposed improvements include a 12-inch wide, --foot deep infiltration trench. The infiltration trench will allow stormwater to infiltrate the 2, 10, 25, and 100 year storm event. ii) The pool is equipped with a non-backwash filtration system. iii) Best Management Practices(BMP)will be followed with regard to maintenance of the pool, as stated in the document titled "Operations and Maintenance Plan" 521 Dale Street, North Andover,MA,dated February 21,2023 and revised to March 15,2023 provided by Williams & Sparages. These BMPs include draining of the pool, storage of chemicals, pool filtration 2 521 Dale Street Map 104.0 Lot 145 Watershed Special Permit—Construction of In Ground Pool,Patio,Fence March 21,2023 system, and infiltration trench.The"Operation and Maintenance Plan"document referenced herein will be considered part of this Notice of Decision. iv) The proposed pool is located as far away from the resource areas as possible and is proposed in an area that is currently maintained as lawn and/or landscaped areas. v) Siltation controls proposed at the limit of work during construction and until the Site is stabilized by landscaped means to protect the lake and surrounding properties for any potential runoff impacts. vi) No pesticides,fungicides, chemicals, or non-organic fertilizers shall be used in lawn care or maintenance.This restriction will be noted on the deed. b) The application was reviewed by Town staff as evidenced by email communication from Amy Maxner, Conservation Administrator, dated February 23, 2023; Paul Hutchins, Building Inspector, dated February 27,2023;and Brian LaGrasse,Health Director,dated February 27,2023. c) The existing structure is connected to the Town sewer and water systems. 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 Board reviewed January 2023 water quality testing result from nearby foamy brook. Total phosphorus readings compared favorably to the Watershed Plan Update Table 6-7 Lake Cochichewick Total Phosphorus Sampling Results from 1986 and 2021 4) In addition,in accordance with Section 195-10.7 of the North Andover Zoning Bylaw,the Planning Board makes the following FINDINGS 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) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 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 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: 4) Permit Definitions: a) The"Locus"refers to the 43,605 sq. ft. parcel of land with frontage on Dale Street as shown on Assessors Map 104.C,Parcell45,and also known as 521 Dale Street,North Andover, Massachusetts. b) The"Plans"refer to the Plans prepared by Williams& Sparages, 189 North Main Street, Suite 101,Middleton,MA. entitled"Plan of Land 521 Dale Street North Andover,MA",dated February 16, 2023 and revised March 15,2023. Sheet 1 or 1. 3 521 Dale Street Map 104.0 Lot 145 Watershed Special Permit—Construction of In Ground Pool,Patio,Fence March 21,2023 c) The"Project" or"521 Dale Street"refers to the installation of an inground swimming pool,paver patio, and fence within the 325'Non-Discharge Zone of the Watershed Protection District. d) The"Applicant"refers to Anthony and Lindsey Sallese,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 5) 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. 6) 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. 7) In the event that excess water needs to be removed from the pool and pumped into the stone infiltration trench after storm events the pool water shall be dechlorinated prior to being pumped to the infiltration trench. 8) Prior to the start of construction or the 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 accompanying a Planning Department designated official. c) Applicant shall sign the"Operations and Maintenance Plan"document. d) Applicant shall sign an Illicit Discharge Statement. e) 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. 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. f) The Applicant will provide copies of all Decisions,Notification and Orders of Conditions from the North Andover Conservation Commission g) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. h) 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. 4 521 Dale Street Map 104.0 Lot 145 Watershed Special Permit—Construction of In Ground Pool,Patio,Fence March 21,2023 9) 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 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 must 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 the end of this decision as endorsed by the Planning Board.This as-built plan shall be submitted to the Town Planner for approval. b) The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved plan. 10) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 11)The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 12)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. 13)This Special Permit approval shall be deemed to have lapsed March 21,2025(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. 14) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Plan of Land 521 Dale Street,North Andover,MA. Prepared for: Anthony and Lindsey Sallese 521 Dale Street North Andover,MA 01845 Prepared by: Williams & Sparages 189 North Main Street, Suite 101. Middleton,MA 01949 Scale: 1"=500'+/- Date: February 16,2023 and Revised to March 15,2023 Sheets: 1 of 1 Report Title: Operations and Maintenance Plan Prepared for: Anthony and Lindsey Sallese Prepared by: Williams&Sparages Date: February 21,2023 and Revised to March 15,2023 cc: Applicant Engineer File 5 PLAN OF LAND STONE TRE14CH FOR LEGEND OF ABBREVIATIONS&SYMBOLS PATIO RUNOFF 521 DALE STREET _ _ DETAIL NORTH ANDOVER, MA oe "�== �-��•,•=- �wY�T�R,.xd ..,_ �AL 0' 10' 2W Ao• SCALE t'�20' OAT£fEBM1UMY 16,2033 E y5a _ .o., D2CnO uCTw $' O 0 0 w _ 5Z•T� .�,. w�a tKt or mru®m � 0 WILLIAMS SPARAGES T ... i _� ntwin sirwsu / / 8 sta.as,>aw wswcnmtcmtt „i Po..mP..o / .•. �\ 0 a O. O -O,,Q i_ 71 LOCUS MAP - / SCALE:1'-500** - - Ruw 1 nxi 1 �a LOT 9 43,605 S.F. DALE STREET s\ ! I i '� PROPERTY BIER: ! � � /NMONY h v+05AY SLLLETE 1 GEED REFERENCE: PWl NOTES: �.. / - OTFEOfiRW.D—THE I. Ill ELEV D—E,t A l ARE RCfTAFNCEO 10 A•1 TSVUED DATUM. N 1 •��. - RCOlSIRf OF OEEDT 2(%STWG lOPO:RAPHF ."R iNE O 1.. JANUMf tt i AN AGIUAL RITIRUYOR SURVEY COIR:U(:tEo!n •\- •.l4E.ii, /AIlYi h TPAWDR LLC ON 202i - - CYTTWO OROVUD ; 70NING DISTRICT-RESID N I P AN P CEREN •g\,. SURGACC �0 5 `<6c IXREC110N Oi ROn F CF > 5.YiE10 R.—MEAT DEUVFARTI ei'1—4 TPAPILFS LLC OR DECCY9ER 11 2DII. .az� WITH;N WATERSHED PROTECpON DISTRICT PUV N0.t0G69 a,THE PRWCRtt6 E�TCO MtWR THE TOMt OC RORM IND0.4)t xARR5HE0 PR01[CSKKI OKPUY 'T�a�i •\ n�Y RECCRO�MTH IME W —.UY LOT MG A{0,560 TF. ARIHFOF RSEX D51P�CT. •� Vu lOt ihtlNxaGC.I50 FEET REWSTRY OF D[f� 1ROVf YARD TE10aOK.DD FEEf 5.PROPOSED CWRI UM FENCE 10 MEET 0R EiCEEO BU0.0WO CODE. SIDE YARo suT SD FEET ASSESSORS INFO: A MULCH SOCK R Morro sETe+cz—Do FEEr G THE USE Oi FTRD tS IND OMER t 05,APE CHElUUtT ON THE SRC SHgAD BE U.—TO uUM oJROWO nOGHf.J5 2ET - 4AP 10s.0 PfAtA l.s ORVInC.TLOR-REITASE MD lOR-PHOSPWRWS PROWCii. J 1//i !1�Vl D.T TO S r) - . February 21, 2023 Revised: March 15, 2023 521 Dale Street I North Andover, MA Operation&Maintenance Plan Operation&Maintenance Plan 521 Dale Street,North Andover MA This Operation&.Maintenance Plan has been prepared to comply with the provisions set forth in the Massachusetts Department of Environmental Protection(DEP) Stormwater Management Standards. Structural Best Management Practices (BMPs)require periodic maintenance to ensure proper function and efficiency in pollutant removal from stormwater discharges that would otherwise reach wetland resource areas untreated. Maintenance schedules found below are as recommended in Department of Environmental Protection's Massachusetts Stormwater Handbook and as recommended in the manufacturer's specifications. The stormwater management system owner and the party responsible for maintenance of the stormwater management system shall be the property owner and their designated employees. In-Ground Swimming Pool • Swimming pool shall be equipped with a non-backwash filtration system. • The property owner shall engage a water hauling company to pump the water and truck the water offsite anytime the pool needs to be drained. Final disposal of the water by the water hauling company shall be in accordance with all federal and state regulations. • Pool water shall be pumped into the proposed infiltration trench system during normal dewatering following storm events. • Pool chemicals shall be properly stored according to manufacturers' labels in an enclosed shed or garage to ensure proper containment of any spills or drips. Pool Filtration System • Pool filtration system to be cleaned in accordance with manufacturer specifications. • Once operating pressure reaches 10 PSI above initial operating pressure,inspect and clean filter element. Filter element should be cleaned with hose and drained into stone infiltration trenches. • On a weekly basis, debris should be removed from skimmer basket. Pump should be stopped,release all pressure,and remove trap cover and basket to remove any additional debris.Air filter should be bled each time system is started. Williams&Sparages(Engineers• Planners•Surveyors 189 North Main Street I Suite 1011 Middleton,MA Page 1 -W-. c T S February 21, 2023 Revised: March 15, 2023 521 Dale Street I North Andover, MA Operation&Maintenance Plan Infiltration Trench • Inspect and clean every six months and after every major storm event of 0.5 inches in a 24-hour period. • Remove accumulated sediment,trash,debris,leaves and grass clippings. • Remove tree seedlings before they become firmly established. • Inspect the trench 24 hours or several days after a rain event to look for ponded water. I£there is ponded water at the surface of the trench,it is likely that the trench surface is clogged. • To address surface clogging,remove and replace the first layer of stone aggregate and filter fabric. If the water is ponded inside the trench,it may indicate that the bottom of the trench has failed. • To rehabilitate a failed trench,all accumulated sediment must be stripped from the bottom,the bottom of the trench must be scarified and tilled to induce infiltration,and all of the stone aggregate and filter fabric or media must be removed and replaced. t Williams&Sparages I Engineers• Planners•Surveyors 189 North Main Street I Suite 101 Middleton,MA Page 12 Y S