HomeMy WebLinkAbout2502225 Timestamped Decision - - 75 COACHMANS LANE t;ORTH
PLANNING DEPARTMENT
Community Development Division
120 Main Street
North Andover,Massachusetts, 01845
CMOs NOTICE OF DECISION
Watershed Special Permit
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: February 25,2025
Date of Hearings: February 25, 2025
Date of Decision: February 25, 2025
Petition oh Amanda and Thomas Lough
75 Coachman's Lane
North Andover, Ma 01845
Premises Affected: 75 Coachman's Lane,North Andover,Massachusetts,01845.
Assessor's Map 37A,Parcel 24 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,Article 4 Part 5 Section 195-4,19,B(2)(a)and Article 10,Section 19 5-10.7.
So as to allow the installation of a 36-foor by 16-foot in-ground swimming pool and paver patio within the
325' Non-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 211 by K. Kelly to
APPROVE the Watershed Special Permit,as amended, and based upon the following conditions.Vote was
4-0 in favor of the,application.
Jean Enright
On Behalf ditthe North Andover Planning Board
Eitan Goldberg
Peter Boynton
Sean Kevlahan
Kate Kelly
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75 Coachman's Lane,Map 37A,Lot 24
Watershed Special Permit—Construction of In-Groimd Pool w/patio
February 25,2025
The public hearing on the above referenced application was opened on February 25, 2025 and closed by
the North Andover Planning Board on February 25,2025.
On February 25, 2025, upon a motion made by S. Kevlahan and seconded by K. Kelly to GRANT a j
Watershed Special Permit for the installation of 36-foot by 16-foot in-ground swimming pool with paver
patio within the 325'Non-Discharge Zone of the Watershed Protection District under the requirements of
195-4.19.B(2)(a)and Article 10,Section 195-10.7 of the North Andover Zoning Bylaw.This Special Permit
was requested by Amanda and Thomas Lough, North Andover, MA 01845 on January 23, 2025, 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
FMINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision.
The Planning Board vote was 4--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 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.
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 Operations
and Maintenance Plan, 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 January 30,2025 and February
14, 2025 and response letter from Williams & Sparages dated February 4, 2025. 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 includes a 12-inch wide, 18-inch
deep infiltration trench along the perimeter of the patio, that is approximately 111-feet long,
allowing stormwater ftom the patio to infiltrate into the ground during a storm event. In
addition,the swimming pool will be equipped with a non-backwash filtration system,
ii) Best Management Practices (BMP) will be followed with regard to maintenance of the pool,
as stated in the document titled"Operation.&Maintenance Plan: 75 Coachman's Lane,North
Andover, MA ("Operations and Maintenance Plan"), dated January 22, 2025 and revised to
February 4, 2025, which was provided by Williams & Sparages and shall be signed by the
Property Owner. These BMPs include drain down specifications for the pool, proper storage
of chemicals, maintenance of the filtration system, maintenance of the infiltration trench and
maintenance schedules. Discharge of pool water into the town's stormwater management is
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75 Coachman's Lane,Map 37A,Lot 24
Watershed Special Permit—Construction of In-Ground Pool w/patio
February 25,2025
strictly forbidden. The "Operation & Maintenance Plan" referenced here will be considered
part of this Notice of Decision.
iii) Non-organic fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be noted on the deed.
b) The residential lot was created prior to October 24, 1994. Tire Project is proposed within the 325'
Non-Discharge Zone frown the edge of a Bordering Vegetated Wetland (BVW) resource area
located to the east of the existing house across Coachman's Lane. The closest point of the proposed
patio adjacent to the pool is approximately 230-feet from the BVW to the east.The proposed limit
of disturbance is greater than 100 feet from a wetland resource area.
c) The application was reviewed by Town staff as evidenced by email communication from B.Lagrasse,
Health Director,dated January 28,2025,P.Hutchins,Building Commissioner,dated January 28,2025,
and T.McGuire,NAFD,dated January 23,2025 and Conservation,dated January 23,2025.
d) The Planning Director has confirmed with the Town Engineer that there is no objection to installing
the erosion control shown on the Plan across from the existing driveway within Coachman's Lane
right-of-way as long as it is removed when the work is completed.If not removed the erosion control
can create ponding issues in the road with rain events.
e) 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) 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 Iocation for the proposed use as sufficient stormwater management
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 45,652 SF parcel of land with frontage on Coachman's Lane as shown
on Assessors Map 37A,Parcel 24, and also known as 75 Coachman's Lane,North Andover,
Massachusetts.
b) The"Plans"refer to the Plans prepared by Williams&Sparages, 189 North Main Street, Suite
101,Middleton,MA 01949, entitled"Permit Site Plan 75 Coachman's Lane North Andover,
MA", dated January 22,2025 and revised to February 4,2025. Sheet I or 1.
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75 Coachman's Lane,Map 37A,Lot 24
Watershed Special Permit—Construction of In-Ground Pool w/patio
February 25,2025
c) The"Project"or"75 Coachman's Lane"refers to the installation of an 36-foot by 16-foot in-
ground swimming pool and paver patio within the 325' Non-Discharge Zone of the Watershed
Protection District. The property is located in the Residential I zoning district.
d) The"Applicant"refers to Amanda and Thomas Lough,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
fiom 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.
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.
6) Prior to the start of construction or the issuance of a building permit:
a) This Watershed Special Permit Notice of Decision with the Operation & Maintenance Plan; 75
Coachman's Lane,North Andover,MA 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.
b) 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.
c) 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.
d) Applicant shall sign an Illicit Discharge Compliance Statement.
c) Applicant shall sign the Operations and Maintenance Plan.
f j 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.
g) The Applicant will provide copies of all Decisions,Notification and Orders of Conditions from the
North Andover Conservation Commission
h) All erosion control measures as shown on the plan must be hi place and reviewed by the Town Planner.
i) A pre-consh-action meeting must be held with the developer, thew construction employees, and
PIanning Department (and other applicable departments) to discuss scheduling of inspections to be
4
i
75 Coachman's Lane,Map 37A,Lot 24
Watershed Special Permit--Construction of In-Ground Pool w/patio
February 25,2025
conducted on the Project and the construction schedule.
7) Prior to release of the Performance Bona:
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) Planning Director shall confirm that the erosion control installed within the right-of-way across from
the existing driveway has been removed.
c) The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan.
8) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations,
9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
10) 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.
11) This Special Permit approval shall be deemed to have lapsed February 25,2027 (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.
12) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: "Permit Site Plan 75 Coachman's Lane North Andover,MA"
Prepared by: Williams& Sparages
189 North Main Street, Suite 101
Middleton,MA 01949
Scale: 1"—20'
Date: January 22,2025 and Revised to February 4,2025.
Sheets: 1 of 1
i
Report Title: Operation&Maintenance Plan: 75 Coachman's Lane,North Andover,MA
System Owner: Amanda and Thomas Lough
Prepared by: Williams& Sparages
Date: January 22,2025,Revised to February 4,2025.
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75 Coachman's Lane Map 37A>Lot 24
Watershed Special Permit—Construction of In-Ground Pool w/patio
February 25,2025
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75 Coachman's Lane I North Andover,MA
Operations&Maintenance Plan
Operations &Maintenance Plan:75 Coachman's Lane North Andover MA
System Owner;
Thomas&Amanda Lough
75 Coachman's Lane
North Andover MA 01845
In-Ground Swimming Pool
* The proposed swimming pool shall be equipped with a non-backwash filtration system.
A Pentair System 36 Modular Media Filter is proposed (see attached filter description
and owner's manual).
• 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 dechlorinated by not adding chemicals and letting the pool water sit
for a minimum of 10 days.At that point, the pool water can be pumped into the
proposed infiltration trench system during normal dewatering.following storm events.
• Pool chemicals shall be properly stored accordurg to manufacturers' labels in an
enclosed shed or garage to ensure proper containment of any spills or drips.
Pool Filtration stem&Filter Cleaning Procedure
The pool filtration system to be cleaned and maintained in accordance with manufacturer
specifications detailed in the attached owner's manual.
• Once operating pressure reaches 10 PSI above initial operating pressure,inspect and
clean filter element in according with the attached owner's manual.Filter element
should be cleaned with a hose and drained into the stone infiltration trench.
Weekly Pool Inspections &Checklist Log:
On a weekly basis,the following should be completed as part of ongoing maintenance of the
pool filtration system:
❑ Debris should be removed from the skimmer basket.
❑ The 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 the system is started.
Williams&Sparages[Engineers•Scientists-Surveyors
189 Forth Main Street[Suite 1011 Mfddteton,MA
(978)539-8088[www.wsengineers.com Page 11
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