HomeMy WebLinkAboutWatershed Special Permit Application - 115 Winter Street - - 115 WINTER STREET January 31, 2024
North Andover Planning Board
Attn: Jean Enright W-100
WILLIAMS
120 Main Street /� SPARAGES
North /
Andover, MA 01845 ENGINEERS I SCIENTISTS I SURVEYORS
North Andover Zoning Board of Appeals
Attn: Jennifer Battersby
120 Main Street S
North Andover, MA 01845
Re: Proposed Swimming Pool— 115 Winter Street
Watershed Special Permit Application & Zoning Variance Application
Dear Jean and Jennifer,
Our office was hired to assist Adrianne &Adam Ramos with the permitting required to install an
in-ground swimming pool and paver patio at their property at the above referenced address. The
entire property is within the Residential-1 District as well as the Watershed Protection District.
The subject lot was one of three parcels subdivided as part of the Rose Meadow subdivision,
which is shown as Lot la on a plan of land entitled"Rose Meadow" Subdivision Plan of Land
Located in North Andover, MA, owned by Santo & Anne Messina dated 6/27/98. Said plan was
recorded with the Essex North District Registry of Deeds as Plan 13456 on April 30, 1999. The
subject lot was created after October 24, 1994.
The project is proposed within a portion of the 150' "Non-Disturbance Zone" from a Bordering
Vegetated Wetland(BVW) located along the perimeter of the subject parcel. The closest point of
the proposed swimming pool to the BVW is 134.4'. The entire project is located outside of the
400' "Non-Discharge Zone"measured from the annual high-water mark of Lake Cochichewick.
Section 195-4.19C(2)(c) of the North Andover Zoning Bylaw may allow the construction of a
new permanent structure only after a special permit has been granted by the North Andover
Planning Board and a variance has been granted by the Zoning Board of Appeals. Unfortunately,
there is nowhere in the rear of the dwelling where a swimming pool could be proposed that
would avoid intrusion into the 150' Non-Disturbance Zone.
The swimming pool and associated hardscaping is proposed as far away from the edge of BVW
as possible and is being proposed in an area that is currently maintained as lawn and/or
landscaped areas. As mitigation for the increase in impervious surfaces, a 24-inch wide, 2-foot-
deep infiltration trench is proposed along the perimeter of the proposed concrete patio. The
infiltration trench will allow stormwater runoff from the proposed patio to infiltrate into the
ground during storm events. An Operation &Maintenance Plan (O&M)has been prepared to
help ensure the success of the infiltration trench. The O&M requires the infiltration trench to be
Williams&Sparages I Engineers•Scientists•Surveyors
189 North Main Street I Suite 1011 Middleton, MA
(978)539-8088 1 www.wsengineers.com Page 11
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115 Winter Street I North Andover, MA
inspected and cleaned every six months and after every major storm event of 0.5 inches in a 24-
hour period, (see attached). In addition, the swimming pool will be equipped with a non-
backwash filtration system. Additional information regarding the operation and maintenance of
the pool filtration system and swimming pool are also included in the accompanying operations
and maintenance attachment.
The soils on site are mapped as (405B, Charlton fine sandy loam), which are classified as well
drained. Given the proximity to the resource areas and mitigation provided, there should not be
any significant degradation of the quality or quantity of water in or entering Lake Cochichewick
because of this project.
If you should have any questions regarding this information or require any additional
information, please do not hesitate to contact our office. We tools forward to presenting this
information to the Planning Board and Zoning Board of Appeals at the next scheduled public
hearing.
Sincerely,
WILLIAMS & SPARAGES LLC
—17L&2,,za v 41111�
Thorsen Akerley, R.S.
Project Manager
cc: Adrianne & Adam Ramos
Williams&Sparages I Engineers•Scientists•Surveyors
189 North Main Street I Suite 1011 Middleton, MA
(978)539-8088 1 www.wsengineers.com Page 12
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PLANNING DEPARTMENT
Community& Economic Development Division
Special Permit— Watershed Permit Application
Please type or print clearly.
1. Petitioner: Adrianne&Adam Ramos
Petitioner's Address: 115 Winter Street, North Andover, MA 01845
Telephone number&email: 617-834-1798 ramos.adrianne& mail.com
2. Owners of the Land: Adrianne&Adam Ramos
Address: 115 Winter Street, North Andover, MA 01845
Number of years of ownership: 3 years
3.Year lot was created: 1998
4. Is the lot currently on septic or sewer?
Sewer
If on sewer, please provide date the sewer connection was
completed: 2000
5. Description of Proposed Project: Proposed installation of an in-ground swimming pool and patio
partially within the 150' non-disturbance zone and 400' non-discharge zone.
6. Description of Premises: Existing single family house lot with paved driveway, lawn and landscaped areas.
7.Address of Property Being Affected: 115 Winter Street, North Andover, MA 01845
Zoning District: Residence 1 within Watershed Protection District
Assessors Map: 103 Lot#: 119
Registry of Deeds: Book M 16465 Page#: 160
8. Existing Lot:
Lot Area(Sq. Ft): 180,075 s.f. _ Building Height: <35'
Street Frontage: 300± Side Setbacks: 58.1'
Front Setback: 56.5' Rear Setback: 372.0'
Floor Area Ratio: N/A Lot Coverage: 1.7%
9. Proposed Lot(if applicable): N/A
Lot Area(Sq. Ft): Building Height:
Street Frontage: Side Setbacks:
Page 1 of 2
120 Main Street, Planning Dept., North Andover, Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.northandoverma.gov
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
10. Required Lot(as required by Zoning Bylaw): N/A
Lot Area(Sq. Ft): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
11. Existing Building (if applicable): N/A
Ground Floor(Sq. Ft.): #of Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
12. Proposed Building: N/A
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? Yes If so,when and for what type of construction?1998-dwelling
14. Section of Zoning Bylaw that Special Permit Is Being
Requested 195-4.19C(2)(c)
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: �„ b,m„o,®,
Print or type name here: Adrianne Ramos
Owner's Signature:
Print or type name here: Adrianne Ramos
16. Please list title of plans and documents you will be attaching to this application.
Permit Site Plan - 115 Winter Street, North Andover, MA Scale:1"=30'
Operations and Maintenance Plan- 115 Winter Street,North Andover, MA
Page 2 of 2
120 Main Street, Planning Dept., North Andover, Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.northandoverma.gov
PLANNING DEPARTMENT
Building Conservation Health Planning Stevens Estate Zoning
Certification of Payment of Municipal Taxes, Fees, Assessments,
Betterments and Other Municipal Charges
The Town of North Andover General Bylaw Chapter 129-1, provides that any application for a
permit or license may be denied, suspended or revoked If the holder thereof has failed or
refused to pay any taxes, fees, assessments, betterments or other municipal charges. By
signing this application, the applicant represents that he or she has paid all such taxes and fees,
best of m .. knowledge nne amos PouWWneglected
certify under the penalties of perjury that to the
y and belief, l have not n eg ected or refused to pay any municipal taxes,
fees, assessments, betterments or any other municipal charge including amounts assessed
under the provisions of section twenty-one D, or am not applying for a license or permit with
respect to any activity, event or other matter which is the subject of such license or permit and
which activity, event or matter is carried Out or exercised or is to be carried out or exercised on
or about real estate whose owner has neglected or refused to pay any local taxes, fees,
assessments, betterments or any other municipal charge.
Signed under oath: .W. .., _. ..............:....._vw..... ...........w.._ _.....
Name
115..V\!i t .t.... # t . 1 1 .h t �✓.. MA
Address
Does the Property Owner own any additional property In North Andover (Yes or No)?
(Y/N).
If yes, please list the property address of any additional property.
PropertyAddress; ..�.............................. ...._......_m....................
North Andover Tax Collector Signature
Name
D..ate__._....__..........._.............................._..ww...wvuww_v_._..M......................_�......
January 31, 2024
115 Winter Street I North Andover, MA
Operation &Maintenance Plan
Operation&Maintenance Plan:115 Winter Street,North Andover, MA
System Owner:
Adrianne and Adam Ramos
115 Winter Street
North Andover MA 01845
In-Ground Swimming Pool
• The 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 or during water drawdown at the end of the season.
• 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 and maintained 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 trench.
• 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.
Infiltration Trench
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.
Williams&Sparages I Engineers-Scientists-Surveyors
189 North Main Street I Suite 1011 Middleton, MA
(978)539-8088 1 www.wsengineers.com Page 1
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January 31, 2024
115 Winter Street I North Andover, MA
Operation &Maintenance Plan
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 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.
• 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.
If 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.
Williams&Sparages I Engineers•Scientists•Surveyors
189 North Main Street I Suite 1011 Middleton, MA
(978)539-8088 1 www.wsengineers.com Page 12
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• X
Zoning Bylaw Denial Form
Town of North Andover Building Department
120 Main Street
North Andoveu,MA. 01845
IPhojae 978-688-9545 Fax 978-688-9542
Street: 115 Winter Street
Map/Lot: 103.0-0119
Applicant: Adrianne Ramos
Request; Variance-Watershed
Date: 1/2912024
Please be advised that after review of your Application and Plans that your Application Is DENIED for the following Zoning
Bylaw reasons:
Zoning
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage insufficient
2 Lot Area Preexisting 2 Fronta e Complies
3 Lot Area Complies 3 Preexisting frontage
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Buildin Height
1 All setbacks comply 1 Hei ht Exceeds Maximum
2 Front Insufficient 2 Complies
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setbacks 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexistin
1 Not in Watershed 4 Insufficient Information
2 In Watershed X J Sign
3 Lot prior to 10/24194 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 1 Insufficient Information 3 Insufficient Information
E historic District K Parkin
1 In District review required 1 More Parking Required
2 Not in district 2 Parkin Complies
3 Insufficlent Information 3 Insufficient Information
4 Pro-existing Parkin
Remedy for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit Setback
Access other than Ff ontaqA Special Permit Parkin
Frontage Exception Lot Special Permit Lot Area
Common Driveway Special Permit Height
Con re ate Housin Special Permit D-2 Watershed
Conlinuing Care Retirement Special Permit Contiguous Building Area
Independent Elderly Housinq Special Permit Special Permits Zoning Board
Large Estate Condo S e6al Permit Special Permit Non-Conforming Use ZBA
Planned Development District Special Permit Earth Removal Special Permit ZBA
Planned Residential S e6al Permit Special Permit Use not Listed but Similar
R-6 Density Special Permit I Special Permit for Sign
Watershed Special Permit Special permit for preexisting nonconforming
Frontage,
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side:
item fteter�nce ;, i�easoras for
D-2 Watershed Protection District 195-4A9.C.c Construction of a new permanent structure only after a variance has been granted by the
Zoninq Board of Appeals.
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on
verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any
inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be
voided at the discretion of the Building Department,The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated
herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and
begin the permitting process.
1127/2024 1/29/2024
Eau Idin apartment Official Signature Application Received Application Denied
Denial Sent: 1/29/2024 If Faxed phone Number/Date:
Referred To;
Fire X Health
Police X Zoning Board
X Conservation Department of Public Works
X Planning Historical Commission
Other X Building Department
Bk 17639 Pg322 #28042
12-09-2022 @ 08 : 04a
MASSACHUSETTS STATE EXCISE TAX
Essex North Registry
Date: 12-09-2022 @ 08:04am
Ctl#: 5 Doc#: 28042
Fee: $4,560.00 Cons: $1,000,000.00
Quitclaim Deed
We,Anthony J. Pusateri, Jr. and Joan S. Pusateri, a married couple of 6 Pusateri Place,
At Abington,MA 02351,
For consideration paid and in consideration of One Million and 00/100 Dollars
a�
($1,000,000.00) GRANT TO Adrianne Ramos and Adam Ramos,Wife and Husband, as
Tenants by the entirety now of 115 Winter Street,N. Andover, MA 01845
o with QUITCLAIM COVENANTS
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ithe land with the buildings thereon, situated in North Andover, Essex County,
;n Massachusetts, more particularly described in;
$.
a�
EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF.
�r
Grantors release any and all homestead rights to the within premises,whether created by
y
declaration or operation of law and further state under pains and penalties of perjury,that
ro there are no other individual entitled to homestead rights to the property and that said
premises was not the promissory residence of the grantors or spouse at any time.
a For Grantors; Title, see deed dated August 27,2020 and recorded in the Northern Essex
a County Registry of Deeds in Book 16465,Page 160.
Bk 17639 Pg323 #28042
Executed as a sealed instrument this 30th day of November,2022.
—a Z:,-� / );�94�,
Anthony J. us fteri,Jr.
"z2a I
Joan Pusateri
Commonwealth of Massachusetts
Essex,ss.
On 30th day of November,2022,before me,the undersigned notary public,personally
appeared Anthony J.Pusateri,Jr.and Joan S.Pusateri,the above-named and proved to me
through satisfactory evidence of identification being MA drivers licenses, to be the person
whose name is signed on this document,and acknowledged to me that he/she signed it
voluntarily for its stated purpose and that the foregoing instrument is his/her free act and
deed.
Notary Public: Scott B. Rubin
My Commission Expires: August 5,2027
5COTT B. RUBIN
NOTARY PUBLIC
Commonwealth of Massachusetts
My Commission Expires
IIs
August 5, 2027
Bk 17639 Pg324 #28042
EXHIBIT"A"
The land with the buildings thereon, in North Andover, Essex County,Massachusetts,
being shown as Lot 1A on a plan of land entitled "Rose Meadow Subdivision Plan of land
Location North Andover,MA,owned by Santo& Anne Messina dated 06/27/98, drawn by
Scott L. Giles,Registered Professional Land Surveyor and Joseph J. Serwatka,Registered
Professional Engineer, said plan recorded with the Essex North District Registry of Deeds,
as Plan 13456 on April 30, 1999 and bounded and described as follows:
NORTHWESTERLY by the southerly line of Winter Street in 6 courses as follows: 76.02
feet, 88.36 feet,91.25 feet,98.k3 feet, 67.85 feet, 178.45 feet;
SOUTHWESTERLY by Lot 2AA land now or formerly of Messina,511.90 feet;
SOUTHEASTERLY by Lot 2AA land now or formerly of Messina 255.63 feet;
NORTHEASTERLY by Lot 1 now or formerly of Messina in 2 courses as follows: 333.73
feet and 175.00 feet to the point of beginning.
Containing 180,075 square feet more or less (4.13 acres more or less).
Subject to a Covenant dated April 26, 1985, recorded with Essex North Registry of Deeds
in Book 2076,Page 20.
Subject to an Order for Taking for Easement dated June 19, 1993, recorded with said
Deeds in Book 3798,Page 323.
Subject to Order of Taking recorded with said Deeds in Book 398, Page 340.
Subject to Order of Taking recorded with said Deeds in Book 398,Page 348.
Subject to Order of Taking recorded with said Deeds in Book 398,Page 352.
Subject to Determination of Applicability, recorded with said Deeds in Book 5415, Page
268.
Subject to a Form I Covenants,recorded with said Deeds in Book 5415,Page 277,as
affected by Release recorded in Book 5583, Page 77.
Subject to Conveyance for Easements and Utilities recorded with said Deeds in Book 5415,
Page 281.
Bk 17639 Pg325 #28042
Subject to Easement to Massachusetts Electric Company and New England Telephone and
Telegraph Company, recorded with said Deeds in Book 5682,Page 89.
Subject to a Sewer Easement, recorded with said Deeds in Book 5790,Page 101.
Subject to the Restriction, recorded with said Deeds in Book 5987,Page 1.
Subject to a Proposed Right of Way Access Easement as shown on current Plan#13456.
M. PAOL IANNOCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-RECORDED
Abutter to Abutter() Building Dept. ( ) Conservation (X) Zoning ( )
TOWN OF NORTH ANDOVER
ABUTTER LIST
REQUIREMENT. MGL 40A,Section 11 states in part"Parties in interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly opposite on any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the pettitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
SUBJECT LOCATION OWNER ADDRESS TOWN STATE ZIP
103.0-0119-0000.0 115 WINTER STREET RAMOS,ADRIENNE 115 WINTER STREET NORTH ANDOVER MA 01845
PARCEL ID LOCATION OWNER ADDRESS CITY STATE ZIP
103.0-0030-0000.0 145 SOUTH BRADFORD STREET HOLLENBECK,RODNEY J 145 SOUTH BRADFORD STREET NORTH ANDOVER MA 01845
103.0-0099-0000.0 140 WINTER STREET WILLIAMS,DAVID P 140 WINTER STREET NORTH ANDOVER MA 01845
103.0-0116-0000.0 795 GREAT POND ROAD ZHU,YIZU 3807 BOWEI BEND LANE KATY TX 77494
103.0-0117-0000.0 855 GREAT POND ROAD STUPNYSKYI,OLEKSANDR 855 GREAT POND ROAD NORTH ANDOVER MA 01845
103.0-0118-0000.0 129 WINTER STREET LAURIE A.MESSINA TRUST 129 WINTER STREET NORTH ANDOVER MA 01845
103.0-0120-0000.0 95 WINTER STREET BROWN,TODD,M. 95 WINTER STREET NORTH ANDOVER MA 01845
103.0-0131-0000.0 GREAT POND ROAD FIVE STAR INVESTMENT TRUST 61 COACHMAN'S LANE NORTH ANDOVER MA 01845
104.C-0010-0000.0 159 SOUTH BRADFORD STREET WESTGATE JR,VERNE A 159 SOUTH BRADFORD STREET NORTH ANDOVER MA 01845
104.C-0011-0000.0 201 SOUTH BRADFORD STREET C.PERKINS,JR.&R.ZINER LIVING 201 SOUTH BRADFORD STREET NORTH ANDOVER MA 01845
104.C-0071-0000.0 175 SOUTH BRADFORD STREET HADJIAN FAMILY REALTY TRUST 175 SOUTH BRADFORD STREET NORTH ANDOVER MA 01845
104.C-0166-0000.0 SOUTH BRADFORD STREET DEERY,CAMERON H 57 OLD VILLAGE LANE NORTH ANDOVER MA 01845
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Owner RAMOS,ADRIENNE activities should not be done using
this resource.
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town of North Andover,MA makes no claims and no
warranties,expressed or implied,concerning the validity or
accuracy of the GIS data presented on this map.
Geometry updated 09/29/2022
Data updated on a daily basis