HomeMy WebLinkAboutRecorded Decision '•. fir.-i '
poRTh
PLANNING DEPARTMENT r'
0om Community Development Division
120 Main Street -
r-
/r'•.
North Andover, Massachusetts, 01845 +.:n n s
�Ssacaus�� NOTICE OF DECISION
Watershed Special Permit
i
Any appeal shall be filed
within (20) days after the
date of filing this notice in .
I
the office of the Town Clerk.
Date: March 21,2023
Date of Hearings: March 7, 2023, March
21,2023
Date of Decision: March 21, 2023
Petition oh David and Marianne Sweetser,North Andover,MA 01845
Premises Affected: 34 Olenore Circle,North Andover,Massachusetts,01845(
Assessor's Map 37B,Parcel 74 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 with an enclosure,patio,demo deck,construct
new deck, and construct firepit within the 325'Non-Discharge Zone of the Watershed Protection District.
After a public hearing given on the above data, and upon a motion by A. Koenig an 2�a 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. i av I
///l d
Jean Enright
On Behalf of the North Andover Planning Board
Eitan Goldberg
John Simons
Peter Boynton
Kelly Cormier
Alissa Koenig
34 Glenore Circle Map 37B Lot 74
Watershed Special Permit—Construction of In Ground Pool w/enclosure,patio,firepit
March 2l;2023
The public hearing on the above referenced application was opened on March 7, 2023 and closed by the
North Andover Planning Board on March 21, 2023.
On March 21,2023,upon a motion made by A. Koenig and seconded by P. Boynton to GRANT a
Watershed Special Permit for the installation of an inground swimming pool with an enclosure,patio,
demo deck, construct new deck,-and construct firepit 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 David
and Marianne Sweetser, 34 Glenore Circle,North Andover,MA 01845 on January 30,2023, 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 perinit
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. E
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 F.A.CT:
I) 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 an onsite wetland
resource area located on the eastern border of the Site.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 November
February 6, 2023 and March 15, 2023 and response letter from Sullivan Engineering Group, LLC
dated March 14,2023. Further,adequate safeguards have been provided to mitigate pollutants from
entering Lake Cochichewick through the instal lation/implementation of the following Best
Management Practices relative to an inground pool and patio:
i) The stormwater management for the proposed improvements include gutters and 4 inch
HPDE roof drains,which convey the runoff to a drainage infiltration field consisting of cultic
recharger units and washed crushed stone.The drainage field has been sized to store/infiltrate
the 2, 10,25, and 100 year storm event.
ii) Best Management Practices(BMP)will be followed with regard to maintenance of the pool,
as stated in the document titled "Stormwater Operation&Maintenance" 34 Glenore Circle,
North Andover,MA, dated March 14,2023,with Sketch Plan attached provided by Sullivan
Engineering Group, LLC. These BMPs include sweeping of pavement and walkways,
2
34 Glenore Circle Map 37B Lot 74
Watershed Special Permit—Consth-retion of In Ground Pool w/enclosure,patio,firepit
March 21,2023
maintenance procedures for roof drain inlets, downspouts, and drain pipes, infiltrations
chambers, vegetation, catch basin and permeable of bluestone pavers. The "Stormwater
Operation&Maintenance"document referenced herein will be considered part of this Notice
of Decision.
iii) The pool will not be pumped out at the end of each season. This is a year round exercise
pool(8' x 14').located.within an enclosed structure(heated)for year round use.
iv) Natural wooded buffers will be retained.No trees are proposed to be out/removed as part of
the Project.
v) The Project proposes very limited grading. Existing drainage watercourses will continue to
function as in the undeveloped Site.
vi) Siltation controls are 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.
vii) An Illicit Discharge Statement has been signed by the Applicant.
viii) 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 January 25, 2023, On Friday, March 17, 2023 the
Conservation Administrator walked the Site with the Project Engineer and confirmed the accuracy of
the wetland delineation shown on the Plan.
c) The existing structure is connected to the Town sewer and water systems.
2) There is no reasonable alternative Iocation outside the General,Non-Disturbance, and the Non-Discharge
Zones for any discharge,structure or activity.
3) The Board reviewed water quality testing results for 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 I 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.
3
34 Glenore Circle Map 37B Lot 74
Watershed Special Permit—Construction of In Ground Pool Wenclosure,patio,firepit
March 21, 2023
4) Permit Definitions:
a) The"Locus"refers to the 105,181 sq. ft, parcel of land with frontage on Glenore Circle as shown
on Assessors Map 37B,Parcel 74, and also known as 34 Glenore Circle,North Andover,
Massachusetts.
,b) The"Plans"refer to the Plans prepared by Sullivan Engineering Group, LLC,P.O.Box 2004,
Woburn,MA 01888, entitled "34 Glenore Circle, Stormwater Report Plan, located in North
Andover,Massachusetts (Essex County)", dated October 11,2022 and revised to March 14,2023,
Sheet 1 or 1.
c) The"Project"or"34 Glenore Circle"refers to the installation of an inground swimming pool
with an enclosure,patio,demo deck, construct new deck, and construct firepit within the 325'
Non-Discharge Zone of the Watershed Protection District.
d) The"Applicant"refers to David and Marianne Sweetser,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) Should it ever become necessary to drain the.pool,the pool shall be pumped out into the chamber system
after it has been properly dechlorinated.
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 road, 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"Stormwater Operations &Maintenance" document.
d) 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.
e) The Applicant will provide copies of all Decisions,Notification and Orders of Conditions from the
North Andover Conservation Commission
4
34 Glenore Circle Map 37B Trot 74
Watershed Special Permit---Construction of In Ground Pool wlenclosure,patio,firepit
March 21,2023
f) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner.
g) 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.
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 j
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.
i
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,it's 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 fi•om 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 j
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 pant of this decision:
Plan titled: "34 Glenore Circle, Stormwater Report Plan,Located in North Andover,
Massachusetts(Essex County)".
Prepared for: David and Marianne Sweetser
34 Glenore Circle
North Andover,MA 01845
Prepared by: Sullivan Engineering Group, LLC
P.O. Box 01888
Woburn,MA 01888
Scale: 1"=20'
Date: October 11,2022 and Revised to March 14, 2023
Sheets: 1 of 1
Report Title: Stormwater Operations&Maintenance Plan(with Sketch Plan attached)
Prepared for: David and Marianne Sweetser
Prepared by: Sullivan Engineering Group,LLC
S
34 Glenore Circle Map 37B Lot 74
Watershed Special Permit—Construction of in Ground Pool w/enclosure,patio, fu•epit
March 21,2023
Date: Match 14,2023
cc:
i
Applicant
Engineer
File
6
DLUEsraNE PAVER P4,
TwuAL ASTu HD.a oR ND.D AGeeeaATE w oAENINcsileou.orBEDD'H6BOURSE 1R 70 Y r Ec(T1?,ASiu NQ 5 OR N0.9 AGGREGATE)
� MIN f'Tr:Gf AST4S N0.57 sTONC
DPEN-GRADEO BASE
LS YNFORAlAWA,DPTONAt"OMYKEhe WAS PCIUDWra OrA D.SMWVAN n'S A C4 te:(wr rt,wat7 SAIL SUBGRADE StOPEO 70 OWNI/10/9]nn ma-n+.a•AP'rata'NP[A M IP]R JPnisR GReG veal IIOYro da'hLl4,RI 2f a!/AHEPot'r0alW9[•M<tl Pi�('o'i tLr O h11E ApPP10 Y nOwCII 0,wc :mv
N+9®flp4' •w^�� d''�'-�� IDo h.+r63f'
%,9[D fr6d • •'r�I BOrrW wr.mw ANSYAlL6L11,LOlLwl. SAD_aET�LI, pr•Wof D/A FOR E,
IA Erµ rK4
uM Wm r.w ' PoRE+I An!•r.17X.M' E
hm,wf.w•S.S M.APW MQ 7J.,16Y
u+a<na e['AIIWAA `' urw•nsv CfP ' r',of.' r avPc SlAAA
roq r>Ia,wO.,m 7$[(� AW P[ Ai ,Lr i 1•K t "6A4 A 7T• DLup SIRN
�T185URFACf 1Nf'!1.)RANLW$}'f, 'AA -CROSS S£C7lQN raw ncl YP
KP Nx
&or m x'Im SILT SASP I X
NV=v SrC.7 EERLTR,A
2 VNITS/flOW �;w,.r Pwu rlarx-a rl
tlw[rte earlrnP,w° DRAINAGE 46
CAT
"•�[ rSr1.j� SEMEN
w � "
MNiWA i1W Mh TS f'A0"W/I7 W+15 --
Csdv°I'r •,51JPSU,$FACE 1NFIL 1RA7)6N SYSTFAI RONn-vf0"arr — ,\
por m scAu7 � , 3
NO
Ow&SPOur _1 i f i � ll c e1a,�mns4
DOWNSPOUT OPENING / g
(2'A4) R( I 1 It tits It I I
GRADE 0t'ga 1 i I 1 i I }`, \�`l't ' E
Pwi vrr 1'HOPE GRAIN /b.(. 00 TAAhD
It
0ror m Sueq aS 4N'•P'r A f 4 ,s P`,
1
0 tt 1 E ` '
u nlec�`P;t•j,d''•.�,rl'.5 •' , PP / ��� w� 1 � \�\ `\}`J t5 t 5
EROSION CO3'7TROL BARRIER r ��" ' qul ARfA It
•� I � J+ J t IL)�'I I 1\
TAX,kAP 37R 10T Y3 , A
\
R,T%CIMS 1C,0AC CIOL9
.�* m°n",w'iaravi ` JY �• •1 r 1 , I �,
IN
Z =01 Iuy 1 !`I II 11y.
r.. P['u/ t`4 I N�P,11•1 `t -{ ! �/' i 11 \y A \t
f
``\
/ 3�1 w�ia 5` y 4• � / '1 � I
GLENORE
�� \ I �f• C i k
CIRCLE ' '" ° %
I LEGFND•
r
Mw[ca•n,*Jcrh,
IONING INFORMA77ON• [e .�'j'MPORARY BENCHMARK,(J/AR7i A r�y79�t _r to AAar imtoua
rcwwc DIS1N'w "SCRlPHal7 EECV, ZRcLr
•W/sl wA nA9+I0 hSimar wA•�yqy Ty ,YJl O A0r
IIVr.BIDG SL'+ m PR ltIS W lA Rwrwr IdAPd' /' O aE00PPJi vIa
rBovrl x nxt sTrr
REM
Jo rrrr �' �
RFigr dO l'AT � ,-. ®>; IR[�R 19
CRAPiVO SCALC
SGn81�70• arnan_rlw tp., ', •_ DD�e mrorNr
FFET IO P r A AS�OPy ArIP.AD tar if ,y'• /• SW sVm— R'etRB
a oN}A�k+aaupA�au+w1'S*FFr&p
Ord 6.Mf P Cl H.110 /• I4 PPP'.AIX✓lL.pm
/' PO IAG`.AIXf APAJY
NpIFi. .�P� �• of*a7 FSCP,,s>vr PVA7a
re
r.rrs M+OWWrr Sit Krµ At RaFA tS IS CwC,m Pt l4'.1 A'W fY ALL IaRYXOrOo.!VIwPlS 910M'd+r AMRParA}F '
sco Fat A c0 rva A PAaP"c R o °r sa Uno o gMw�sP1K xa°°nmP"Da"omo ae m r w A�rnO `� 34 GIZNORL CIRCLE
KnE 7;T9)t 8e rlll,m P+R„LT1nnC dNP,LLc Pa9 LtlwCwili nT LKAPPY V ALL OISIPEe trif[ 09+nf
z Ps 1=Pwmre PD cw a«uns w maa osm,erer +m^�mrrAAeraa raver ro cwwrawr v[wisverv+. PIA7'PLO OF Lm
s,Alt Pmrr tnr eaalPpe sr Au vianrs,uo covncr oR e.Ar LOCATED IN
Yriim:l/d WA] ff RMftCrW SL r Ar 1•eAf7lhpdA AV
NORTH ANDOVERC AOCVf PAPFYRnISwp ASlarrfaRfTOwlV A rEASlfED Na:McYlRA ' r ' I a3ffS,7ALlAVS [I i3OPM A•aOiOP ASfATOiY L A (ESSEX COVA74wAPREPAREDr Aar wAPnARrr xa PrerPr"Iiwr.vn[f vtv Imw rowemP AAM&1GtRlA1JNS uR6EfSER
Ire' Asrvt Ir.w ro euwDrtrHnrry P(�Yrgrw�r6nw wet ae oarrwl>r au,e�ror w r,fs r.uroyT 5CALR:1"i*20' DAT,JAN. 23,P029
,,dP.-J�fP"erfAlnw Or A,A VIVP[SC6rev 3051Ft`Ar * i--mNKA p•P=
.ww,w+c wxrens A•e,auaea vx H XPorPgy, v PREPARED BY
V`OIL *"'®`"°°"'[" �"° "° pt F-A SULLIVAN.ENGINEERING CROUP, LLC
oof°seH ro`ro iv%srtm"AiE'A aAaAxi�MArwwarAm�•IXls ols.' %TPe'd;r'6ro`P"Ve.MM,ft•P� `• r AA Pox eeor
RENS10;lS MORMRA;YA Won
d li{P[W 1N,6 PDiCn9 ITlOa nPP[e,Sfa 1A'O+']>ff VSSS LA RN (rBlj eST-SFCA
X'Ir rwc'Wo' IM Mr R uwP. wtrry"APa° S116E7'Ne, 1 OP! REVISED:3114123
N0. DAZE pt'SpTPROR 8Y Plxb
i
i
Sullivan Engineering Group, LLC
Civil Engineers&Land,Development Consultants
Date: March 14, 2023
Stormwater Operation & Maintenance
34 Glenore Circle
North Andover, MA 01845
Beginning with the construction of the drainage system,and continuing in perpetuity thereafter,the owner(s)
of the site.shall maintain in accordance with the following schedule:
a. Pavement and walkways shall be swept in the early spring immediately after snow melt
b. Roof drain inlets,downspouts, and roof drain pipes - All components of the roof drain collection.
system shall be inspected at least 2 times per year. Sediments and debris shall be removed and
disposed of in accordance with all applicable federal, state,and local laws. Any components that
become damaged shall be repaired or replacd immediately upon discovery to assure proper
conveyance of stormwater runoff into the drywell systems.
c, Infiltration Chambers —The level of water in the infiltration chambers shall be monitored during and
after heavy rain storms at least 2 times per year during the fhst year of operati<;m and at least twice
annually thereafter for evidence of clogging or other problems. If water does not leave the chambers j
within. 72 hours after the storm, or if water breaks out on the surface above the system, or ifthe roof
collection system begins to overflow frequently (for the 10 year storm intensity or less intense storms),
the infiltration bed is likely clogged. The infiltration bed shall be cleaned and repaired or replaced as
needed to maintain proper functioning.
d. Vegetation shall be maintained in healthy condition to prevent erosion and sedimentation in the
drainage system and wetland resource areas.
e. Existing Catchbasin—The existing catchbasin shall be,inspected twice a year. Any accumulated
sediment, branches, or leaves shall be removed from the grate area to allow free flow of water.
Additionally,the inside of the catchbasin should be inspected to see if any accumulated sand or
sediment needs to be removed from the basin.
f. Permeable Bluestone paver--Twice a year the pavers shall be inspected after a 1" rain storm to see how
water infiltrates thru the gaps in the pavers into the underlying base. The owner shall avoid placing
sand on the pavers during winter conditions.
Attached is a simple sketch plan which provides an illustration of the stormwater BMP's referenced above with
each site item referenced with the corresponding letter above(i.e"a", "b", etc....)
bkte
P.O. Box 2004 Woburn,MA 01888 (781) 854-8644 e-mail;ja6ksu1153@comeast.net
SKETCH PLAN TO
ACCOMPANY O&M
P.LJAN • �g DRAINAGE
J i l
EASUENT 1 1•` 'yI -y 1
-im�ne• j �� �� \ \ \ t
' -- i \ LO]f'AREA l
A.
T ,da le bids — a ` Aqx Il�lblf n••e a `� t
0&M Item "f" ��� � 0&M 4em "d" �
I SbP 1 1
-
Qr Pad.
fae _ 0&M Item "d" a F 0&M fi�em "c"
s•
GLENORE "o . n
'^r ,1 I !
. ws :� AM O&M Item "e" ca �
�1R 1 s ImP.etkn A.t , CAM
c" ..off w oudr umrc of
^—- +5. rah.—.� ��,..�."''• 1 �f[-�- /.
Q �• * `� p•-' WATER EASEMENT
CIRCLE =
`� O&M Item "a" / �