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HomeMy WebLinkAbout2026/06/02 - Watershed Special Permit - Notice of Decision - 200 Bridle Path o ,C,,+ 'down of North Andover Office of the Planning Depar ent 4 4 120 Main Street . CIFo :N North Andover,Massachusetts 0 845 SS�C04 .. NOTICE OF DECISION Watershed Special Permit = Any appeal shall be filed within(20) days after the P,k 1.123 19 P:u 2 6 ®1 4 8 date of ding this notice in 0 6�-�- 6—2 0 2 6 a 0 9 oo l a the office of the Town Clerk. E s�iee x Nor-t h s.=xa z-p i s t v Date: Jane 2,2026 Date of Hearings:March 17,2026, June 2,2026 Date of Decision: ,dune 2,20 6 Petition of., Ryan and.Alyssa Heffernan,200 Bridle Path,North Andover,Massachusetts, 01845 Premises Affected:200 Bridle Path,North Andover,MA 01845V Assessor's Map 104.0 Parcel 79 and located In the Residential 1 Zoning District. Referring to the above petition for a watershed Special Permit under Article 4 Building and Uses Permitted part 5 watershed Protection District Ch. 195-4.19.C.(2).(�and Article 14 Administration Section 195-10.7 Special Permits of the Zoning Bylaw. The project proposes modest additions to an existing single-family dwelling to accommodate an Accessory Dwelling Unit(ADD),including minor driveway and site improvements,within previously disturbed areas of a wetland resource area buffer zone.The Project is located within Residential 1 zoning district. Ater a public hearing was held on the above date,and upon a motion by J.Simons and 2nd by S.Kevlahan to APPROVE the watershed Special Permit, as amended and based upon the following conditions. The vote was 5-0 in favor of the application, lerxi 4 Jean Enright • On ehalf of the North Andover Planning Board Bitan Goldberg John Simons Peter Boynton Kate Kelly Sean Kevlahan ' hl$is cot*that twenty(to)dsys have elapsed from date of decision w tha ut filing of avppeal10-�10 ata Carla Dawne mrren 'own Clerk Bk 18619 Pg27 #10548 200 Bridle Path Watershed Speciat Permit June 2,2026 The public hearing on the above referenced application was opened on March 17,2026 and closed by the North Andover Planning Board on rune 2,2026. On June 2,2026,upon a motion made by J. Simons and seconded by S.Kevlahan to GRANT a watershed Special Permit to authorize additions to an existing single-family dwelling to accommodate an accessory dwelling unit, including minor driveway expansion and site improvements.The proposed work is located within the Non-Disturbance and Non-Discharge Zone of the Watershed Protection District.The property is located in the Residential I zoning district. This special permit was requested by Ryan and Alyssa Heffernan,200 Bridle Path,North Andover, Massachusetts,0I 845 on February, 11,2026. The Applicant submitted a complete application which was noticed and reviewed in accordance with Article 4 Building and Uses Permitted Part 5 watershed Protection District Ch. 195-4,19,C.(2).(f)and Article 10 Administration Section 195-10.7 Special Permits of the Town of North Andover Zoning Bylaw and MGM..Chapter 40A, Section 9. The Project is located within Residential I zoning district. This Special Permit was requested by Ryan and Alyssa Heffernan,200 Bridle Path,North Andover,MA 01845 on February 11,2026. The Applicant submitted a complete application,which was noticed and reviewed in accordance Town of North Andover Zoning Bylaw and MGL Ch.40A,Section 9.The motion to approve was subject to the FINDINGS OF FACTS and SPECS CONDITIONS set forth in this Notice of Decision (��decision�'�. The Planning Board vote was 5-0, 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. In accordance with Section 195-4.20.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 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 environmentally 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 proposed construction has been reviewed by Town Staff and the Town's stormwater management consulting engineer,Horsley Witten Group (HWO), and with the application of the erosion control measurds 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.TheTlan has been reviewed by the outside consulting engineer,Janet Carter Bernardo, P.B., as evidenced by letters dated February 27, 2026 and March 6,2026 and response A,TfEST* A um,copy E 2 ``own Clerk Bk 18619 Pg28 #10548 200 Bridle Path Watershed Special Permit June 2,2026 email correspondence from Andover Consultants Inc. dated March 3, 2026. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochiohewick through the installation/implementation of the following Best Management Practices relative to an addition to a single-family dwelling; i) The residential lot is located within the Watershed Protection Overlay District and was created in 1976,before October 24, 1994.The lot is located within an urbanized area,and the area of disturbance is less than 1 acre.A portion of the proposed work is within the 50-foot No Build Zone frorn the edge of a bordering vegetated wetland (BVW) located to the north and east of the dwelling,Most of the project area is within the 100-foot Wetland Buffer Zone and the 100- foot Non-Disturbance Buffer Zone. The proposed addition on the back of the dwelling is set 18.6 feet from the BVW.The closest point of any construction activity to the BVW is erosion control barrier placed approximately 3 feet from wetland flag 5A. The proposed limit of disturbance is less than 25 feet from the wetland resource area. In accordance with §195- 4.19B.(2)(a) of the North Andover Zoning Bylaws, any surface or subsurface discharge of stormwater within the Non-Discharge Buffer Zone is only allowed after a special permit has been granted by the North Andover Planning Board, HO Stormw ter management., The proposed work consists of two small additions to an existing single-family residence as well as am inor expansion of approximately 130 SF of the existing driveway and is therefore exempt from the Massachusetts Stormwater Management Standards pursuant to 310 CUR 10.05(6)(1.).The proposed two additions to an existing family dwelling to accommodate an ADU will increase the house footprint from 2,069 SF to 2,644 SF, a total increase of 575 SR The stormwater management for the proposed improvements includes a 2--foot-wide by 2-foot-deep crushed stone recharge trench that is approximately-5 0 feet long along the north edge-f the driveway to capture and infiltrate the stormwater runoff from the expanded driveway. In addition,a dry-well will be installed to capture the new roof runoff. The total land disturbance is approximately 14,000 SF including erosion controls around the Site. HO The garage and dwelling expansions are proposed entirely within the existing maintained lawn in the rear of the existing dwelling,with no alteration to the existing vegetated buffer that exists between the subject property and the BVW to the south. The existing brick walkway and stairs are proposed to be relocated to the south of the garage expansion within the existing lawn and landscaped area as well. The proposed front addition is located entirely over an existing paged driveway and therefore does not increase impervious cover. No existing impervious surfaces are proposed to be removed, iv) In accordance with§195-4.19R(4)All construction in the'watershed Protection District shall comply with best management practices for erosion, siltation,and stormwater control in order to preserve the purity of the groundwater and the lake;to maintain the groundwater table;and to maintain the filtration and purification functions of the land. v) The detail for the crushed stone recharge trench, included on the Plana includes long-term inspection and maintenance notes for the benefit of the homeowner. vi) 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 colinected to the Town sewer and water systems. d) The application Was rev'iewed by Town staff as evidenced by email communication from Tun Wille t,-DPW,water and sewer -dated February 18, 2026, Stephen Dftninico, Lieutenant NAPD, dated February 12,2026,and Am�Maxner,Conservation Administrator,dated February 12,2026. e) Prior'6o-=the start of construction, erosion and sedimentation controls consisting of staked straw • _ AT''t'ES'I: A True Copy Town Clerk Bk 18619 Pg29 #10548 200 Bridle Path Watershed Special Permit June 2,2026 wattles will be installed along the Iimits of work,as shown on the Site Plan.These controls will be inspected prior to excavation and maintained in good working condition throughout the duration of construction. 2) There is no. reasonable alternative location outside the General, Non-Disturbance, and the Non- Discharge buffer zones for any discharge,structure or activity as the entire parcel is located in the Non- Discharge Zone. In accordance with Section 195-I0.7 of the North Andover Zoning Bylaw,the Planning Board makes the following FM CS OF FACT: 3) The specific Site is an appropriate location for the proposed use as 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 I Zoning District and the AD is allowed by-right. 5) 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. Upon reaching the above findings, the Planning Board approves this Special Pennit. based upon the following SPECS CONDITIONS: 8)Penult Definitions.- a) The"Locus"or"Site"refers to the 46,361 square foot(sf parcel of land with frontage on Bridle Path as shown on Assessors Map 1 04.0,Parcel 79 and also known as 200 Bridle Path,North Andover,Massachusetts. b) The"Plans"refer to the Plans prepared by Andover Consultants Inc.,dated February 11,2026 and revised to May 21,2026,entitled"Proposed Site Plan 200 Bridle Path Forth Andover, Mass",prepared for Ryan and Alyssa Heffernan.Sheets I of l. c) The"Project''or"200 Bridle Pathan refers to the additions to an existing single-family dwelling to accommodate an Accessory Dwelling Unit(ADU),including minor driveway and site improvements,within previously disturbed areas of a wetland resource area buffer zone.The Project is located within Residential x zoning district. d) The"Applicant"or"Petitioner"refers to Ryan and A.lyssa Heffernan,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% 9) The Planning Director-shall approve any changes made to these Plans. Any changes deemed substantial by the Planning Director would require a public hearing and modification by the Planning Board. 10 In no instance shall the Applicant's prqposed construction be allowed to further impact the Site than as proposed,oft the Plan referenced in Condition#18. 11)The appli(�4nt shall comply with all conditions.stated in the Order of Conditions approved by the Conservati€"n Commission on June 2,2026. ATOsT: A►True COPY 4 ,, 'town Clerk Bk 18619 Pg30 #10548 200 Bridle Path Watershed Special Permit June 2,2026 12)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) Two(2)copies of the signed,recorded decision with endorsed plans attached must be delivered to the Planning Department. c) In consultation with the Planning Director, the Applicant shall designate an independent environmental monitor. The Monitor shall read, sign, and return to the Planning Director 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 fallowing heavy rain events.The Monitor must.also be available upon notice to inspect the Site accompanying the Planning Director or designated official. d) Test pits shall be conducted to confirm the elevation of groundwater within the footprint of the stone trench to confirm it can store the volume of water calculated by the Applicant and function as intended. e) All erosion control measures as shown on the Flan must be in place and reviewed by the Planning Director. f) A pre-construction meeting must be held with the contractor, their construction employees, Monitor, and Planning Director (and other applicable-departments) to discuss scheduling of inspections to be conducted on the Pro,'ect and the construction schedule. g) The Applicant will provide copies of all decisions,notifications and Orders of Conditions from the North Andover Conservation Commission. h) 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. 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. 13) Friar to release of the Performance Pond o a) The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in MassaQhusetts that shows all construction, including stormwater mitigation trenches and other pertinent Site f�atures. This as-built plan shall be submitted to the Planning]director 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 ntust by a ma*ority vote make a finding that the Site is in conformance with the approved Flan. A,TUSM A True Copy 'town Clerk Bk 18619 Pg31 #10548 200 Bridle Path Watershed Special Permit June 2,2026 14)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 1 S)The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 1 6)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. 17) This Special Permit approval shall be deemed to have lapsed June 2,2028(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. 18)This decision must be filed with the Forth Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: proposed Site Plan 200 Bridle path,North Andover,MA Prepared for: Ryan and Alyssa Heffernan 200 Bridle Path North Andover,MA 41845 Prepared by: Andover Consultants Inc. l East River Place Methuen,MA o 1844 Scale: 1" 20' Date: February 11,2026,Revised to May 21,2026 Sheets: 1 cc: Town Departments Applicant Engineer Abutters ,Assessor A True Copy 6 .7 TOWU Clerk p+y4d"FArwIdftV#-r4&;VCD;d � cv oa a► oe a map9 7 d s AM at TW 2 ADPM�a Ce+Msr 7�rsMUMS~r+rav s'a mlo '1 WA ttrnx VRWOWN Vat"si 4W4 S'LTh*%4 4"Nd tee NPr3 t r S t+arta tgwnr oeY tnnWm smelt sr ma2mm m lw►m -a 3SS�0 3 Y-rrPOt 3SSr> �U! serx at xo+t LObD }a/IC UL r�ww.uta.L frwe.wr Apy ,P.'M'83AGdNV kLHON" .. �\ S ,1 '. rereJllLyi tad WWWWWO 39VUVD teeaoyt Asr MONOW f xr,+.. ■!i}rr Q 4m%%3$[r uv:=µ rg aarta •, v►rx^,rser srrt?r1t7�cti stiano�as �vt snasti r" r000bom ,....b.�� ZWN at am a�dl. .I+�c'.St+tinCta' "�a+ i'nrru t _� • iGDr/�i�',��t�3+tt7t�e'!ro C:A►�3ea C tr. 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Pau l IantILIC0 l 10 Pr~i t')t0d: Julie 26, 2025 0 9:47: Re . �� g f ster Essex North Registry M. Paul �:annuc�'��►�',� Trans#; B2�7� aper:l�E�r'IN�' o` o HEFFERNAN Register Trans#: 320: Book- 1BC19 Page: 2B �Inst#; -- OpQr:�!€�lINZ � Ct l o; 39 Rec:5-�26-2C 05�� HEFFERNAN NANO 200 B �� � 9.���..30a BRIDLE PATH DOC, DESCRIPTION TRANS S APT Book, 18019 Page. 26 Inst#: 10548 DECISION Ctl : : RQo: w2 -2o - _ Surcharge CPA 50 •-6 @ 9.41:30a .00 50.00 NAND 200 BRIDLE' PATH 50.00 recording 'Fee 50.00 5.00 TECH FEE 5.00 DOC DESCRIPTION Total fees. -~ ---- TRANS AMT 105.00 NORTH ANDoWER _ TOWN PLA N�vlZwNµG DECISION �-......� .�......�..,....,.,..,...._..-�__..w._...-.,,._.__..._ o.....�,,� .�..d .�� Book 13519 Page: 33 Inst#: 10549 Surcharge CPA $5 J.00 Ctl#: 40 Rey::5-•26-202B 0 9:41:3oa 50.00 NAND 200 BRIDLE PATH 50.00 recording fee 5.00 'IF EcH FEE 50.00 ooc 5.oo . DESCRIPTION TRANS AMT ORDERTo -_-__---_� tol fees: S .05 00 urcharge CPA $50.00 r- 50.o0 50.00 recording fee 5.oo TECH FEE .o0 5.00 Total Bank• ~�, 'fees: 105.00 8619 Page. 33 Inst#: 10549 Ct l#: 40 Rec:B�-2C-2o2S 9• n Total of f ar g 210.00 NAND 20o BP .41.30a IDL€ PATH CHECK PM 51.2 210.00 DoC DESCRIPTION �, ww TRANS AMT FORTH ANDOVER TOWN CONSERVATION ORDER Surcharge CPA $5o.00 c 50.00 re(.c�rd i 50.Oq t,� fee 50.00 5,00 TECH FEE 5.00 TOtal foes; ._ w.._. . 105.00 Total charges: 210.00 CHECK PM 512 • 210,0O