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HomeMy WebLinkAbout2021/08/17 - Watershed Special Permit Notice of Decision - 325 Johnson Street s F Tfj - x Town o Noh Andover 2021 0 ..; Ottice of the Planning Depany . 0 Community DeF to meat and Services Divigion CHU 120 Main Street •.. .14 North Andover,Massachusetts 01845 NOTICE of DECISION WATERSHED SPECIAL P + ` certify that twenty cia o ave elapsed from date of decision without filing o 1. A appeal shall be riled tea e Car a a e Warren within (20) clays after the �`o r e� cute of filing this notice i the y t rF F r". „ ,3' ► ts_ � r c..iT _ office of the o� Clerk. n.. Date:- ..A Date of Hearings: July 6, 2021, August 17, 2021 Date of Decision: .August 17, 202 Petition of., Kevin &Alison Sparks,325 Johnson Street,forth A.ndover,NA 01845 Premises Affected, 325 Johnson Street,North Andover,Massachusetts,01845. Assessor's Map 97,Parcel 72and located in the Residential 3 Zoning District. Refei-ring to the above petition for a Watershed Special Permit from the requirements of the North•Andover Zoning Bylaw, Article 4 Buildings and Uses Permitted, Part 5 Watershed Protection District, Section 19 4 4t 19 Uses and Building Requirements and Article 10 Administration, Section 195-10.7 Special Permits, So as to allow the construction of a detached garage;expand gravel driveway;install dry cell to capture roof runoff'of new garage; pump, crush and fill with sand old septic tank/cesspool; connect to town suer; connect to gas. Proposed work is within the Non-Disturbance and Non-Discharge Buffer Zones of the Watershed Protection District. The Project is located in the Residential - Zone. After a Public. Heat-Ing given on the above date, upon a motion made by J. Simons and seconded by A. Koenig, the Planning Board gated to APPROVE a Watershed Special Pennit for the'watershed Protection District,as amended. The vote was 4 -o in favor of'the application. f i' eau Enright On Behalf"of the North Andover Planning Board itan Goldberg John Simons PeterBoynton' ` A lissa Koenig TTESP: A Rue Copy i 1 y I .325 Johnson Street,Map 915 Lot 72 Watershed Special Permit—Construction of a Detached Garage and Driveway Extension August 17,2021 The public hearing on the above referenced application was opened on July 6, 2021 closed by the North Andover Planning Board on August 17,202 1. On August 17, 2021, upon a motion. made by J. Simons and seconded by A. Koenig, the Planning B J ad voted to APPROVE a Watershed Special Permit for the construction of a detached garage; expand gravel driveway; install dry yell to capture roof runoff`of new garage; pump, crush and fill with sand old septic . tan cesspool; connect to town sewer; eonneet to gas. Proposed work 'I's within.the Non-Disturbance and Nora-- lischarge Buffer er Zones of the watershed Protection.District.The Project is located in the Residential I -- Zone. This Special Permit was requested by Kevin and Alison Sparks, 25 Johnson Street North Andover, MA Ot845onMay26,2021. The Applicant submitted a complete application,,which was noticed and reviewed in accordance with Article 4 Buildings and Uses Permitted, Part 5 watershed Protection District • , Section 195µ .i9 Uses and Building Re uh-ements and Artieie 10 Adminxstrati on,Section 19 5-10.7 Special Permits of the Town of Forth Andover Zoning Bylaw and MGL Chapter 40A, Section 9, The motion to approve was subject to the SINGS � � � pp ,� �` � � and��' �� � �� ` �� set forth this de�sin, The Planning Board vote was unanimous; A. special permit issued the special emit ant' p � p granting authority requires a Grote of at least four members of a five-member board. The Applicant is hereby ratified that should the Applicant disagree with this decision the pp � 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 end that the intent g of the Byiav, as well as its specific criteria are met. This decisions specifically stated the Planning Board p �' � makes the following FE4D) GS of T: The Applicant is proposing to construct a 720 sq. garage and small ex a sion to the ex's g g p tang grace driveway. The entire parcel is located within the watershed Protection District o Lae ochichewicl . 2. The existing house, exi t, g gravel driveway and proposed garage are located within the h o-foot buffer tare to a wetland resource area,thus within the Non-Disturbance Buffer ear Zone. . The proposed new sewer line and gas line are located within both the Noi - i tuxbane e and Non- Discharge Buffer Zones. . The property is located within the R3 Zoning District and the lot was oreated in 1989. In accordance with the Watershed Protection Distract regulations, for lots created prior to October Foot Non-Disturbance Zone is applicable as well as a 325-foot Non-Discharge Zone. In accordance with Section 95- . 9 A. 4 : Building requirements. All Construction, in the Watershed Protection District shall comply with best management practices for erosion,siltation and storm at r 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.. 5, As a result of the proposed construction in conjunction with other uses nearby,there will not be an significant degradation of the quality or quantity o water in r entering ae Cochihewic , The Planning Board bases its findings on the following facts: i r i r r 325 Johnson Street,Map 97,Lot 72 Watershed Special Permit—Construction of a detached Garage and Driveway Extension August 17,2021 a The roof runoff from the new garage will be managed with a 1,000-- allon subsurface drywell to promote groundwater recharge. b The extended driveway material will be gavel, not pavement. c The on-site wastewater septic tank cesspool will be pumped, crushed and filled with sand. The existing dwelling will be connected to town sewer. 6. 'The Project has been reviewed by the 'own's outside engineering consultant, Horsley Witten, and with the application of the erosion control and infiltration systems, thew will be no effect on the quality or quantity of water in or entering Lake Cochichewic see memo.o dated June 2021 and August 13,2021 from Janet Bernardo, '. . . Certification has been provided by a registered professional engineer that the ara e g , extended driveway and Futility installation will not have an effect on the quality orenteringquantity of runoff the watershed protection district. . There is n reasonable alternative location outside the Non-Disturbance and Non-Dischar e Buffe r Zones for any discharge,structure or activity,associated with the proposed Project as the entire parcel is located within the watershed 'protection District. . The Project has been reviewed by DPW Operations, DPW Engineering, Buildings, p � nerrng, inspector of uldrngs, Health Department, and NAP . 10, ,A Notice of latent has been filed with the Conservation Commission. ,A pub i hearing eras opened on ,August 11,2021 and it is anticipated that the Commission will close the public hearing and issue an Order;of Conditions at their regularly scheduled meeting on September 8, 2 21. 11. On August I OP 2021 the Zoning hoard of Appeals voted to approve a variance for a new permanent structure within the Non-Disturbance Buffer Zone 2. The existing lot complies with the current Zoning la with regard to frontage and acreage, The lot was created before 1994 and is not subject to the Conservation Zone,as described in Section 1 5- Y Fable 1. 3. The Applicant has applied for a Special Permit for work within the 10 0-foot Non-Disturbance chance uffcr, in accordance with Section 1 5- .1 C 2 : a Any activities which cause a change in topography or de: The Applicant �s proposing . some minor changes to the grades in the vicinity of the proposed garage. b) Vegetation removal or cutting, ether than in connection with agricultural uses or maintenance once o a landscape area: The Applicant is proposing to cut 9 trees between -inches and 2 -inches in diameter to clear the area of the proposed garage as well as the extension of the gravel driveway. C) Any surface or subsurface discharge, including, but not limited to, stormwater runoff-, drainage g f any roadway that is maintained by the Division of Public Forks or an private as • outletsy p association; of all drainage swales;outlets of all detention ponds: The Applicant is proposing to install drywell for subsurface discharge of stonnwater runoff, d Construction of any accessory structure or expansion of any existing structure y less than 50% of the gross floor- area if the existing primary structure 's less than 22,500 square feet anal the primary structure will he connected to municipal sewer upon completion of the Project: The existing house is listed in the Application as being 2,034 st The garage is proposed to be 720 s.f. The Applicant is proposing to decommission the existing cesspool and installa 6-incsewer service from the existing house to Johnson Street. 14. In accordance with Section 1 5-1.0. 'of the North Andover ZoningBylaw,the Planning Board makes ' � g the following findings: a The specific Site is an appropriate location for the proposed use as all feasible st rmw ter 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 done, 3 1 325 Johnson Street,Map 97,Lot 7 Watershed Special Permit—Construction of a Detached Garage and Driveway Extension August 17,2 t 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 species finding that the use is in harmony with the general purpose and intent of t .e North Andover Zoning Bylaw. Upon reaching the above findings, the tannin Board approves this Special g rai ermit based upon the following conditions: SPECIAL CONDITIONS: . Permit Definitions; a The"Locus"refers to the 85.$480 s .ft. parcel of land with front on Johnson Street as shown on., g Assessors Map 97, Parcel 72, and also known as 32 Johnson. Street,North Andover, Massachusetts. b The"Plans"refer to the Plans prepared by Sullivan Engineering Grou LLC entitled 32 Johnson Street Plan of Land located in Forth Andover, Massachusetts slated May 20,2 21 � revised to August 9, 2021. o The`Project"or"325 Johnson Street"refers to the construction of a detached garage; expand gravel driveway; install dryweil to capture roof runoff of new garage;pump, crush and fill with sand old septic tank cesspool; connect to town sewer; connect to gas. Proposed work is within the Non-Disturbance and Nora- lscharge Buffer Zones of the Watershed Protection District. d The"applicant"refers to Kevin&Alison Sparks, the Applicant for the watershed ecial Permit. p e The"Project Owner"refers to the person or entityholding 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. l -. In no instance shall the A.pp icanfs construction b allowed to� proposed her impact the Site than as proposed on the plan referenced in Condition . PRIOR TO COMMENCEMENT OF SITE WORK OR ISSUANCE OF A BIDING PERMIT: 17. A.peiTornance guarantee of hvo thousand $2 dollars in a form a ce table to the 'own of fort p Andover must be posted to insure that construction will take lace in accordance with the Plans ran and the conditions of this decision, and to ensure that the as-built plans will be submitted. 18. The Applicant shall incorporate the following conditions as a need restriction to ran with the title and a copy of the recorded deed restriction shall be submitted to the Town Planner and included in the file. Fertilizers are limited to hose which are either organie or slow-release nitrogen and phosphorous-free products. Foil-organic pesticides,fungicides, chemicals, and herbicides use is prohibited. The use of coal tar-based pavement sealants is prohibited. 19. All erosion control measures a shown on the Plan must be in lace and reviewed b * p y the 'own Planner and Conservation Administrator. . A.pyre-construction meeting rust be held with the developer,heir construction employees,Planning Department and Conservation Depaitment(and other applicabledepartments) to discuss cheduh f inspections to be conducted on the Project and the construction schedule. Prior to said meeting the contractor shall tie colored ribbon around each tree proposed for removal. This is to be done to avoid the wrong or additional frees being mistakenly removed. 21. The Applicant shall designate an Independent Environmental Monitor who shall be chosenin consultation with the Planning Department and Conservation Department staff'. The Monitor . hat submit weekly reports dung the entire duration of the Project and must be available upon four (4) 4 s s } k 325 Johnson Street,Map 97,Lot 72 Watershed Special Pennit—Construction of a Detached Garage and Driveway Extension August 17,2021 hours notice to inspect the Site with the Planning Board staff. The Planning Staff may reduce the frequency of reports upon review of such a request ftom the Applicant. 22. A copy of the decision, recorded at the Registry of Deeds must be provided to the Plan ' wag Department. 23. The Applicant will provide copies of all Decisions, Notification and Orders of Conditions o ftrn the North Andover Conservation Commission and Zoning Board of Appeals. DURING CONSTRUCTION 24. { f A mini-excavator and skid steer shall be used in excavation and filling of utility trenches. PRIOR TO RELEASE of TBE PERFORMANCE Bow; 25. The Applicant shall submit are as-built plan stamped by a Registered stered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation facilities and other pertinent Site features. This as-built plan shall be submitted to the Town Planner fora approval and must be ro�ridcd�.paper l�orn�a p p p s well as in S (Standard Digital File)format.The Applicant must also submit a letter from the architect and engineer of the Project stating that the building and Site layout substantially comply with the Plans referenced at the end of this decision as endorsed y the l lannm` g Board. This as-built plan shall be submitted to the gown Planner for approval. 26. The Planning Board must by a.majority vote make a findingthat the Site is in conformance ' approved plan. �.ce with the GIENERA,L CONDITIONS: 27. No open burning shall be done except as is ermined during burnin l� season under the Fire Department regulations. . 28. The Contractor shall contact Dig Safe at least 72 hours prior to commencing ' excavation. 29. The provisions of this conditional approval shall 1 to and e binding o ' apply g the Applicant, it's . employees and all successors and assigns in interest or control, o. The Town Plar mer shall rove n. changes made to these ' p g Plans. � charges deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 1. This Special Permit approval shall be deemed to have lapsed August 1 2 (twoears 'rog � from the date of is uan.ce exclusive of the time required to pursue or await determination of an appeals,unless substantial use or constmetion has commenced within said t vo- ear period. Substantial� p al use or construction will be determined by a majority vote of the Planning Board. 2. This decision must be filed with the North Essex Registry Deeds. The • . . g � following information is included as part of this decision: Plan titled: 325 Johnson Street Plot Plan of Land Located in Noi h Andover,NIA Prepared for: Kevin&Alison Sparks 25 Johnson Street North Andover,MA. Prepared y. Sullivan Engineering Group,LLC PO Box 2004 Scale: 2 ' Tate: May 2 0, 2 02 t,reprised to August 9, 2021 c : Applicant Project Engineer `> 1 ' .w ray u rYr:Cfr R FAY.-GROSS.,f[0 ff# ' WPERKOV5 ARCA j&RF'A 11JlG0'' W F-5�d 11*9 rc r Carr;a •1kA FtV$�V Fn01ftr6q 1es�-cr Nfm r vcv A-qk Za31 it, pr"tr'fE7RTt1ZfR5 Lt ca {ISE ?•S P�20FEf#rY FALIP.OUAfFFO CkRAC.L�20 S F, SOu�CE lbw#h'¢QrN A`G 4 SHOJfL DE CLUAA',C OR AOn-AllFtSF hlTR N.F 05faf1 J$ SEW C21Cf AMS-MR PfLO CA'J RQOF A.@£k TO 6E AfOf gR'to.710 SF. 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