HomeMy WebLinkAbout2022-04-26 Recorded Decision WSP 7 4- 11-;E3V » -1 s�,1.
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Town of North Andover
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' � Cif ice of the Planning Department
120 Main Street
ATE North Andover,Massachusetts 01845
'SAC U IER
NOTICE OF DECISION �f A tit)0 V
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Watershed Special Permit
This is certify that twenty(20)days
Any appeal shall be filed have elapsed from date of deGision
without filing oyfanlaRpp
within (20) days after the Date tb�
date of filing this notice in Carla DawAe Wbrien
the office of the Town Clerk. Town Clerk
Date: April 26,2022
Date of Hearings: April 26, 2022
Date of Decision: April 26, 2022
Petition of: Paul&Heather Takesian,198 Dale Street,North Andover,Massachusetts,01845
Premises Affected: 198 Dale Street,North Andover,Massachusetts,01845
Assessor's Map 37B Lot 4 and located in the Residential I 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 and Article 10 Section 195-1.0.7,
,,- [K-a
So as to allow a driveway expansion and construction of a two-story garage (24' x 40') with story ge o '
second level, and associated grading in the Non-Discharge Zone of the Watershed Protection
property is located in the Residential I zoning district.
After a pablic hearing given on the above date, and upon a motion by J. Simons and 2111 by A. Koenlg
APPROVE the Watershed Special Permit, as amended, and based upon the following condifit.-ms, �)cte,
was in favor of the application.
6 ) 0-
-Tean Eruight
On Behalf/of the North Andover Plane'ng Beard
Eltan Goldberg
John Simons
Pete.-Boynton
Kelly Cormier
Alissa Koenig
ATU S f
A True.Copy
T0111
L ) ,
p '198 Dale Street
Watershed Special Permit--Construct garage
Aril 26,2022
The public hearing on the above referenced application was opened on April 26, 2022 and closed by the
North Andover Planning Board on April 26,2022
On April 26, 2022, upon a motion made by J. Simons and seconded by A. Koenig to GRANT a
Watershed Special Permit for a driveway expansion and construction of a two-story garage (24' x 40')
with storage on the second level, and associated grading in the Non-Discharge zone of the watershed
Protection District. The property is located in the Residential 1 zoning district. This Special Permit was
requested by Paul and Heather Takesian, 198 Dale Street, North Andover, MA 01845 on March 9, 2022.
The.Applicant submitted a complete application, which was noticed and reviewed in accordance Town of
North Andover zoning Bylaw and MOL 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 MOL 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 FINDL`*;GS 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 stormwater management
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.L., as
evidenced by letters dated March 24, 2022 and April 8, 2022 and response correspondence from
Ranger Engineering Croup, LLC dated April 7, 2022. 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 for the proposed improvements includes a subsurface infiltration
system consisting of concrete galleys and crushed stone. A total. of 660 square feet of
additional impervious area is proposed on site.
ii) Best Management Practices(BNT)will be followed with regard to maintenance of the
drainage systems and structures,including drain pipes, as stated in the document titled
"Long-Term Pollution Prevention Plan, 198 Dales Street,North Andover,MA 01845".
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198 hale Street
8
Watershed Special Permit--Construct garage
Aril 26,2022
provided by Ranger Engineering Group,LLC. These BMPs include maintenance of the
pavement sweeping, catch basin sumps and drain manholes, drain pipes,buried detention
structures,graded slopes and rip rap outlets. The"Long--Term Pollution Prevention Plan, 198
Dales Street,North Andover,MA.01845"document with the approved Site Plan referenced
herein 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 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 communications from Amy
Maxner, Conservation Administrator, dated March 9, 2022 and April 7, 2022, email communication
from Lt. Dan Lanen,NAPD, dated March 10, 2022, email communication from Tim Willett, DPW
Operations,dated March 10,2022,and Lt.Bob Kilcoyne,NAPD,dated March 9,2022.
e) Erosion control, consisting of a silt fence with wood stakes and 6"x 6"trench with backfill in place,
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 Non-
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:
3) The specific Site is an appropriate location for the proposed use as all feasible stormwater and erosion
controls have been placed on the Site;
4) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
S) There will be no nuisance or serious hazard to vehicles or pedestrians;
6) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
7) 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.
8) The Applicant has communicated that there is potential for replacement of the fence surrounding the
existing pool and that the poles will be hand-dug. It is understood that this work is not part being
considered during this project. Approvals by other Town Boards/Commissions may be required.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECT_4,T1 CONDITIONS:
9)Permit Definitions:
a) The"Locus" or"Site"refers to the 41,000 SF parcel of land with frontage on Dale Street as
shown on Assessors Map 37B,Parcel 4,and also known as 198 Dale Street,North Andover,
Massachusetts.
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L 198 Dale Street
Watershed Special Pennit--Construct garage
Aril 26,2022
b) The"Plans"refer to the Plans prepared by hanger Engineering Group,LLC, dated March 9, 2022
and revised to April 7, 2022, entitled"Site Plan 198 Dale Street North Andover,Massachusetts",
prepared for Paul and Heather Takesian. Sheets 1 of 1.
c) The"Project" or"l98 Dale Street"refers to a driveway expansion and the construction of a two-
story garage (24' x 40')with storage on the second level, and associated grading in the
Non-Discharge Zone of the watershed Protection District. The property is located in the
Residential X zoning district.
d) The"Applicant"refers to Paul and Heather Takesian,the Applicant for the 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.
10)The Project proposes removal of seven(7)white pines and one(1)oak tree along the east property
line. The Plan calls for replacing the white pines with arborvitae. Seven(7) six to eight feet tall
arborvitae shall be planted.
11) The Town Planner shall approve any changes made to these Plans. Any changes deemed substantial
4.
by the Town Planner would require a public hearing and modification by the Planning Board.
12) 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#8.
13)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 accompanying a Planning Department designated official.
c) Applicant shall sign an Illicit Discharge Compliance Statement.
d) Applicant shall sign and date the Long Term Pollution Prevention Plan, 198 Dale Street, North
Andover,MA.,01845.
e) This watershed Special Permit Notice of Decision with the Long Term Prevention Plan, 198 .Dale
Street, North Andover, MA, 01845 and the approved Plan shall be recorded at the North Essex
Registry of Deeds. Evidence of said recording shall be provided to the Planning Department.
I) All erosion control measures as shown on the Plan must be in place and reviewed by the Town.
Planner.
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198 Dale Street
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Watershed Special Permit—Construct garage
Aril 26,2022
g) A pre--construction meeting must be held with the developer, their construction employees,to and
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Planning Department (and other applicable departments) to discuss scheduling of inspections to be
conducted on the Project and the construction schedule.
h) The .Applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
i) 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.
14) 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 management systems 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 fording that the Site is in conformance with the
approved Plan.
15) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
16) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
17) 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.
18) This Special Permit approval shall be deemed to have lapsed April 26,2024 (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.
19) 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: Site Plan 198 Dale Street North Andover,Massachusetts
Prepared for: Paul and Heather Takesian
198 Dale Street
North Andover,MA 01845
Prepared by: Ranger Engineering Group,L.LC
13 Red Roof Lane, Suite 203
Salem,NH, 03079
Scale: 1"=2W
Date: March 9,2022 and revised to April 7, 2022
Sheets: 1
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198 Dale Street
Watershed Special Permit--Construct garage
Aril 26,2022
b] Report Title: Long Term Pollution Prevention Plan 198 Dale Street,North Andover MA 01845
Prepared for: Paul and Heather Takesia.n
Prepared by: Ranger Engineering group,LLC
0 Stormwater Management Report: 198 Dale Street,Noah Andover,MA 01845
Prepared by: Ranger Engineering Group,,LLC
Dated: March 9,2022,revised April 7,2022
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
i
TP'i ❑RAI1U1GE STR!lCTLlR1= WAX) a
NOTES:
DEPTH HORIZON #EJCTLTRI; COLORIV#OTTtENG a4r '.: T. ALL SECTIONS SHALL flE 1W-4IrZW'WDODSTAKE
763Q- FILL VARIES-3c A ISTYIt Ili DESIGNED FOR HS-20 LOADR:G. ORAPPROVED EQUAL
30-41' 1I LS lRYR4!6 A A HTRICCCHE 2 PROVIDE'V KNOr.KOSS£SFOR SILTP�ICC
4x4 C CL: 10YR Sd tS' TI PIPES WITH r IWUL CLEARANCE
XD" '"'�`�HO �0 jrx 24•SGUARE TO OUTSIDE OF PIPE.MORTAR
OPENING LTYP.j ALL PIPE CONNECTIONS. 99
9.Imo'-
'r'' 1 "UrSEALANTEErWEEN Ranger En(ilnealinQ Grovp,Inc-
+4.DikMfl&7 PRECAST SECTIONS SHALL BE s]R�QRnWI+r,Aa43I3
,� a PREFORMED GifM RUBBER
XF 1M # ASTEBMTETOP&LAB TitsTs.2at1att
' n;lTIN4Y ��~ 4. CATCH iiAEtN Oil MANHOLE YVOf{1S
AI4J=40f75 ��~~ FRAMES SHALL BE S"IN FULL
56iI'16TTI'W �4• MORTAR BED.ADJUST TO ARIIA
OTt ZYATHCLAYBRICKAND !
SEE NOTE 4 MORTAR(2 4MCK C"WS FtAY� 19
TYPTCALL:.:r BTl'•CKCOUR=
CONCENTRIC MAXIMUM) STRAW !�
CONE SECTIONvvADOCE III
{SE 7 S,„„) WE NOW 3
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ow
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FULL 11TORTARB$O ARJiIvTTpOHROE >. r�Y•1 .��c� ..is;; 'i ti �+,'�0��.y� J
11SRSHIPRECAST003 TERMeRRINDOR �ti #,�a '- . +
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(I aRICKCOLTRSI?STYPKJy ,. jr,`+t;r"�s ti-.•, yr rF?", •y {
�r ` r" ''• r ' 1 _6YTAW St•IAULCA.+"TBiON INSPECTION r �` +.N
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t ram•-- _ l CRITSHED Omm 90.6 MIN
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FEN=VWHSTRKWWADOLE
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99 37 LF OF V HDPE SUBOPADE
F °F tvQ \t TEST PIT I CAP GAD BERMd@ 1 Atl -
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QALLEY srcTElr
0
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4"x4WCALLIMBOTELEVv43-Q RLTCRFABRIC: NW_S R
VYHTTE PINE TO BE RFI<dOVED
701 T3-+ +'+•�,I;'~fr`f-' tl�M1 f tT1fP.OF 7)AND REI AC£D TO WRAP CRU8I4EOSfOt1E I. GR4L1A I?1C OliAULRT►^T SURVEY i70tIZ BYRAHGEHP?AGB1EERii1[i
WITH AR94RV TAE 24,?Gd1.
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t I - txss "' 21-209
gym• y • PLrYOF
CAPECOD"I � F.SSg]C Ht'^.TN REGI.r*TRYOF DEEDS ?AZ24m
it i r { NO PORTION OF MRLDIN0=LOCAIM IN A,FLOMHAZOW ZONE AS s'
` Cam' 1 r HOPES FROM r FILTETt FABIW vart+4re+tC
eITUMINOIIS_f DALE STREET cATmmsw ><A vvo'�T �7 EFFECTM DAOMjuLrIiI.Y'3,�m'""`4' s�'crwrro. �
CONCRETE (PTA'w-HTLrTA�I I'AR��a) RIM-10 b rs A usl"w rr ado
s pR%TWAY ECLR OF M" irPVC tw OUT w Gi.S S 7XTLAND DWNEATEOISYHEN hW N Q OSGOODJR AF LHAUOU4T7 j
s' n 27 tG _ SI=CTiL7I4 VlEllhls
r � � TRkESTC1RELWN -`f.
R THlSPROYpRTr WASCTiEATEDdNPilNI�pQFSSpLGOUNTYNORI7{
I REGISM OF OECCS DATED MRUAFtY2il isw
L �* r�J; 1 x! �'1 T. VYETLAND FLAG A4[REMOVED
SHEET 1 OF S
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a
LOANG TERM POLUT ON PREVENTION PLAN
196 DALE STREET, NO H ANDOVER MA, 01845
As part of the-constrti ctio n of anew garage, pavad driveway,-and closed for ater:systern, it is
the ro.sponsibility of the property owner to propefly maintain the drain2,qQ systems and Structures,
including drain pf'pes. The current property owner Is Paul & Heather Takesian who W111 oversee
tong term maintenance of the stormwater system rand will be respo rtsIb le ib r compliance With the
Long Term Pollution Provention Plan.
e utar maintenance is to include the following:
Pavem4an l su maces shall be swept a minimum of twice per year, preferably just after
snow molt and late 'in the fall,
2-f Catch Basin Sumps and DrWin Manholes
Inspect bt-a nn ua l y for the evidence of structural damage, silt accu m ulatlon and improper
function. Remove accumulated sediment and debris from catch basin sump when sump
is more than %U1 andlor a nnual fy just after snow molt
3. Drain Pipes
Inspect annually for the evidence of structural damage, t11 acoumulatiDn and improper
function. G1ea n pipes when sediment occupies more then 20%of pipe dia rnoter.
4. Burled Deter ti o n Structures
fnapect twice per year for evidence of struckiral damage, erosion, and sediment
accumulation. Inspect outlet structure for groper opetion and cloggingA
5. GradW Slopes and R 1p Rap outtats
fnspe t-every spring for erosr'on. Repsfr any erosion by p r ing team and seed an slopes
and r1prap in outlet. Nurtured freshly seeded are. to ensure proper germination and
establishment of turf,
Each of the stormwater structms Usted above is shoimi one plan attached as Attachment A.
Inspections shall be performed by a geared person with knowledge of stormwater&ucturos
and oonve any systems A report of inspections shall be submitted to the Town of North
Andover an an annual basis Vithin 30 days of the end of each caterder year.
The requirement and responsibility for the Inspection and maintenance of the stormwater
systa rn will oont rue to any subsequent ownerd of the property.
Current Property Owner who will be response a for the ape 11 maintenance, and emergency
repairs of the stormwater system.
DECLARAT ION OFF RESTRICTION
This Declaration of Restriction is made and entered into as of this 1 9th day of May,
2022 by Paul Takesian (hereinafter "Takesian") of 198 Dale Street, North Andover, MA
01845, the owner of a certain parcel of land located at 19 Dula Street, North Andover,
MA 0 1845 with the deed referenced in Book 5401 Page .
WHEREAS, Takesian has applied to the Planning Board of the Town of North Andover
for a Watershed Special Permit;
WHEREAS, Takesian agrees, for himself, his, successors, and assigns, that.-
1., Fertilizers are limited to those that are either organic or slow-release nitrogen and
phosphorus free. ,
2. The use of coal tar-based pavement sealants is prohibited.
Signed as sealed instrument on the date s,eth forth above,
I k(1 ark
N. U