HomeMy WebLinkAboutCorrespondence - 880 GREAT POND ROAD 4/15/2008 NORTH qw.
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SSACHU5 Meeting Date: /5
PLANNING DEPARTMENT Agenda#: �O
Community Development Division
Agenda Item#aO
TO: Planning Board
FROM: Lincoln Daley, Town Planner
RE: Robert Ercolini,880 Great Pond Road—Map 103,Lot 111—Watershed Special
Permit to raze existing dwelling and construct a single-family dwelling, driveway, &roof
runoff infiltration system within the Non-Disturbance and Non-Discharge district within
the R-1 zoning district.
DATE: 3rd Review—April 11,2008
2"d Review—March 28, 2008
V Review—January 28, 2008
Proposal:
Robert Ercolini is before the Planning Board seeking a Watershed Protection District Special Permit
under Section 4.136(3)(c)of the Zoning Bylaw to construct a 8,171 sq. ft. single-family residence with
attached garage and deck, construction of a pervious driveway, installation of stormwater management
system,and related grading and landscape work within the 100 foot Non-Disturbance and 325 foot Non-
Discharge Buffer Zones of the Watershed Protection District. The purpose of this meeting is to
summarize the project to date and to discuss the outstanding items/concerns of the Planning Board, Staff,
and VHB.
Background:
➢ This is the 3rd public hearing for the project. The Planning Board's outside consultant submitted their
first review of the project dated 3/27/08. See attached review. At the last meeting,the Planning Board
requested that both the Applicant's engineer and the Town's outside consultant provide statements
ensuring that the proposal has been designed using Best Management Practices and incorporates
specific measures designed to eliminate/minimize impacts to the water quality of Lake Cochichewick.
➢ The project is currently before the Conservation Commission for a Notice of Intent.
➢ On April 8,2008,the Applicant was granted a Variance from Zoning Board of Appeals from Section
4.136.3.c.ii.3 to raze the existing single-family dwelling and construct a new permanent structure in
the Non-Disturbance Buffer Zone in relation Lake Cochichewick.
➢ On August 14, 2007,the applicant was granted a Variance from Zoning Board of Appeals from
Section 4.136.3.c.ii.3 to raze the existing single-family dwelling and construct a new permanent
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
structure in the Non-Disturbance Buffer Zone in relation to the wetland resource areas. At that
meeting,the Zoning Board of Appeals determined that a Variance from Section 4.136.3.c.ii.7 for
relief from the requirement that an addition or expansion be less than 50% in gross floor area was not
required because the proposed single-family dwelling will be a new structure.
This review is based on the following submitted information:
Plan titled: Plan Showing Proposed Dwelling
880 Great Pond Road
North Andover,Mass.
Prepared for: Information Not Provided
Prepared by: Andover Consultants Inc.
1 East River Place
Methuen,MA 01844
Scale: 1"=20'
Date: December 3,2007,Revised 3/5/08, 3/24/08
Sheets: 2
SECTION 3 ZONING DISTRICTS AND BOUNDARIES
The parcel of land is located entirely within the Watershed Protection District of Lake Cochichewick and
is located in the Residential 1 Zoning District. The project lies within(1)the 250-foot Non-Disturbance
and 325-foot Non-Discharge Buffer Zones in relation to Lake Cochichewick and(2)the 100-foot Non-
Disturbance and 325-Non-Discharge Buffer Zones relating to an adjacent wetland resource area
(intermittent stream and wetlands). Map 103, Parcel 111 consists of approximately 104,544 sf. ft. (2.4
acres)and contains a single-family residence and attached garage.
SECTION 4.136 WATERSHED PROTECTION DISTRICT
Section 2—Boundaries and Zones:
The project lies within(1)the 250 foot Non-Disturbance and 325 foot Non-Discharge Buffer Zones in
relation to Lake Cochichewick and(2)the 100 foot Non-Disturbance and 325 Non-Discharge Buffer
Zones relating to an adjacent wetland resource area(intermittent stream and wetlands).
Not Addressed. The applicable Watershed Protection District Buffer Zones in relation to the Lake and the
adjacent wetland resources are not correctly labeled on the plans. The plans should be revised to include
the 250 foot Non-Disturbance and 325 Non-Discharge relating to Lake Cochichewick. The Applicant
should revise the 100'Buffer Zone dimension to read 100'Non-Disturbance Zone. Addressed 411108
Section 3—Uses and Building Requirements:
The construction of the 8,171 sq.ft. single-family residence with attached garage and deck, construction
of a pervious driveway, installation of stormwater management system, and related grading and landscape
work within the 100 foot Non-Disturbance and 325 foot Non-Discharge Buffer Zones in relation to the
wetland resource areas and the 250 foot Non-Disturbance Buffer Zone in relation to the Lake of the
Watershed Protection District would be allowed by the issuance of a Special Permit from the Planning
Board.
The Special Permit granted by the Planning Board is conditional upon a Variance granted by the ZBA to
construct a new permanent structure within the Non-Disturbance Buffer Zone relating to both the wetland
resource areas and Lake. As stated above,the Applicant was granted a Variance for 4.136.3.c.ii.3 to raze
the existing single-family dwelling and construct a new permanent structure in the Non-Disturbance
Buffer Zone in relation to Lake Cochichewick and the associated wetland resource areas.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Section 4: —Special Permit Requirements:
➢ 4.136 (4)(c)(ii).Map on a scale of one(1) inch equals forty(40)feet prepared by Registered
Professional Engineer or Surveyor showing:
(2)The edge of all wetland resource areas, as confirmed by the Conservation Commission(if edge of
wetland resource area is within four hundred (400)feet of any proposed activity),
(6) The edge of vegetation clearing(edge of work).
NotAddressed. The plan submitted uses a scale of I" =20'. The applicant will need to explain and
revise the plans accordingly. The applicant will need written confirmation from the Conservation
Department confirming edge of wetland resource areas. Further, according to the submitted plans,
clearing will occur on the southwestern portion of property. It would appear that the edge of woods
located along eastern portion of the property would be impacted by the proposed construction of the
pervious driveway construction and retaining wall. The applicant will need to clam and revise the
plans accordingly. The Applicant should revise the 100'Buffer Zone dimension to read 100'Non-
Disturbance Zone.Addressed 411108
➢ 4.136 (4)(c)(iii). Written certification by a Registered Professional Engineer, or other scientist
educated in and possessing extensive experience in the science of hydrology and hydrogeology,
stating that there will not be any significant degradation of the quality or quantity of water in or
entering Lake Cochichewick.
Not Addressed. A written certification by a Registered Professional Engineer, stating that there will
not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick has not been provided, as required by this section. The supplemental application
materials included a letter signed by Patrick Bower, dated 12113108 which states that measures have
been taken to ensure that there will be no any degradation to the quality or quantity of the
groundwater. The statement provided is inconclusive and does not meet the requirement of the
bylaw. In addition, it is unclear as to whether Mr. Bower is a registered PE. as no
title%ertification/starrtp is provided on said document. Addressed 411108
VHB is currently reviewing the plans for compliance with the MA DEP Stormwater Regulations. In
addition, the plans should be revised to include details of all roof infiltrators. The applicant will need
to clam if the one roof drain labeled on the plan and connected to the infiltration trench will capture
all of the roof runoff. VHB further recommended that a note be added to the plans prohibiting the use
of lawn care or garden products during construction that may contribute to the degradation of the
public water supply or that are not organic or slow-release nitrogen, as specified in this section.
Partially Addressed The Applicant has revised the plans since the first submission. VHB offers the
following additional comments regarding the revised plans:
11. An "enhanced plantings"area is now proposed between the Farmer's wall and the wetland
area around the property. The Applicant should clam what the plantings will consist of
12. An edge treatment along the edge of the driveway should be proposed, adjacent to the top of
the proposed stonewall. This edge will help direct runoff to the catch basin and avoid
conveying runoff to the adjacent property.
13. As currently designed, the roof drain overflow on the east side of the house is higher than the
catch basin ring. Therefore, during larger storm events,ponding may occur in the driveway.
Has the Applicant considered an overflow pipe from the proposed catch basin or infiltration
trench?
➢ 4.136 (4)(c)(iv).Proof that there is no reasonable alternative location outside the Non-Disturbance
and/or Non-Discharge Buffer Zones,whichever is applicable,for any discharge, structure, or activity,
associated with the proposed use to occur.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com
The location of the single-family residence has been located in the most feasible location. The
proposed structure will be more than 50 feet from the nearest Bordering Vegetated Wetland.
Appurtenant site grading has been minimized. Further, the new single-family house will use existing
public water and sewer services.Addressed.
➢ 4.136(4)(c)(v). Evidence of approval by the Mass. Dept. of Environmental Protection(DEP)of any
industrial wastewater treatment or disposal system or any wastewater treatment of system fifteen
thousand(15,000)gallons per day capacity.
The project will not result in any industrial waster water treatment or disposal system or any
wastewater treatment system of fifteen thousand gallons per day capacity.Addressed.
➢ 4.136(4)(c)(vi).Evidence that all on-site operations including,but not limited to, construction,waste
water disposal, fertilizer applications and septic systems will not create concentrations of Nitrogen in
groundwater,greater than the Federal limit at the down gradient property boundary.
The applicant provided written documentation stating proposed activities will not create
concentrations of nitrogen,phosphorous and other relevant chemicals on and off-site the property.
Addressed.
➢ 4.136(4)(c)(vii).Projections of down gradient concentrations of nitrogen,phosphorus and other
relevant chemicals at property boundaries and other locations deemed pertinent by the SPCA.
Not Addressed. The applicant has not provided written documentation stating proposed activities will
not create concentrations of nitrogen,phosphorous and other relevant chemicals on and off-site the
property. VHB recommends that the Applicant provide projections of down gradient concentrations
of nitrogen,phosphorous and other relevant chemicals, as required by this section, or request a
waiver.Addressed 411108
➢ 4.136 (4)(g). The Bylaw requires that any runoff from impervious areas within the Non-Disturbance
and Non-Discharge Zones to the extent possible shall be recharged on site and diverted toward areas
covered with vegetation for surface infiltration.
Partially Addressed The Town's independent review consultant, VHB, submitted a review of the
project dated 1128108. The review shows four outstanding comments that will need to be addressed
by the applicant.
Comment#6. The Applicant has provided an infiltration trench to recharge roof runoff. Have
other groundwater recharge methods been considered for the driveway and/or deck
areas?Addressed 411108
Comment#8. Have test pits been taken at the location of the proposed infiltration trench? The
Applicant should verb that there is a 2-foot separation between annual high
groundwater and the bottom of the trench. At a minimum, this 2-foot separation
should be specified on the Infiltration Trench detail.Addressed 411108
Comment#9. A detail should be added for the proposed retaining wall.Addressed 411108
Comment#10. A detail/typical section should be added for the proposed paver driveway.Addressed
4/1/08
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
SECTION 7 DIMENSIONAL REQUIREMENTS
Section 7.1-Lot Area: This lot is within the R-1 district with a total area of approximately 2.4 acres
with more than 309 linear feet of frontage on Great Pond Road. The total linear foot measurement of
frontage on the plans differs from the lineal°foot figure shown in the application. The measurement on
the plans total 309.21 linear feet while the application shows 310.19 linear feet.
Section 7.3-Setbacks: Proposed structure meets the required yard setbacks of the Residential 1 District
as shown on the Layout Plan.Addressed
Section 7.4—Building Heights: The proposed single-family residence and garage structure will be the
maximum height limit of 35 feet.Addressed
General Comments:
➢ A detail should be added for the proposed retaining wall.Addressed 411108
➢ A detail/typical section should be added for the proposed paver driveway. The plans should also
include the total area of the pervious paver driveway.Addressed 411108
➢ The Plans should be revised to display a breakdown of the total area(sq. ft.)of the single-family
home, garage, porch, and deck. Not Addressed
➢ Is the intent to remove the entire impervious driveway? Will any portion of the existing driveway be
used?Addressed 411108
➢ Please explain how roof runoff is being handled from the proposed garage. Will the project increase
the rate and flow of runoff onto abutting properties? Given the location,proximity, and square
footage of the proposed garage, is it intent of the applicant to include roof drains and infiltrators?
Addressed 4/1/08
➢ Please explain the visual impact of the single-family residence on abutters. Have any abutters
expressed concern regarding the visual impacts of the project? Not Addressed
➢ The Plans should show the extent of clearing to allow construction of the single-family residence and
garage. If applicable,please revise the plans identifying the extent of clearing in relation to the
construction of the pervious paver driveway and retaining wall.Addressed 411108
➢ The delineation of the Non-Disturbance Zone buffer zone line and Non-Discharge buffer zone
relating to Lake Cochichewick should be correctly labeled on the plan. Addressed 411108
➢ Referring to the 2nd paragraph, supplemental application materials submitted by Andover Consultants
on 12/13/07,the 25-foot Non-Disturbance Zone refers to the State and Local Wetland Regulations
and not Watershed Protection Buffer Zone. The applicant should revise accordingly.Addressed
4/1/08
➢ The project abuts an intermittent stream that is hydrologically connected to Lake Cochichewick. The
intermittent stream is currently being reviewed by the Conservation Commission to determine if the
stream triggers Riverfront Regulations. In addition,the applicant will need to confirm the edge of the
lake in relation to the property.NotAddressed
➢ The project is not located within the estimated habitat of rate wildlife or within priority habitat of rare
species.In addition,the site is not located within the 100-year floodplain. According to the FEMA
maps/information,the 100-year floodplain boundary hugs the Lake boundary itself in this location
and is noted on the plan. Not Addressed
➢ The Planning Board requested that both the Applicant's engineer and the Town's outside consultant
provide statements ensuring that the proposal has been designed using Best Management Practices
and incorporates specific measures designed to eliminate/minimize impacts to the water quality of
Lake Cochichewick.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Recommendations:
The Planning Board should continue the public hearing to the May 6, 2008 to allow the applicant to
address the comments of the Planning Board, Staff and VHB and receive the necessary documentation
from the Town's outside consultant and Applicant's consultant. Staff further recommends directing staff
to draft a decision in preparation for the May 6,2008 public hearing.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
TOWN OF NORTH ANDOVER PLANNING BOARD
ENGINEERING REVIEW OF WATERSHED SPECIAL PERMIT
FOR CONFORMANCE WITH THE
TOWN OF NORTH ANDOVER ZONING BYLAW
Site Plan Title: Plan Showing Proposed Dwelling VHB No.: 09280.41
Site Plan Location: 880 Great Pond Road,North Andover,MA
Applicant: Robert Ercolini, 195 Bridle Path,North Andover,MA
Applicant's Engineer: Andover Consultants,Inc., 1 East River Place,Methuen,MA
Plan Date: December 3,2007 Review Date: 1-28-2008
2nd Review Date: 3-27-2008
The plan was reviewed for conformance to the 1972 Town of North Andover Zoning Bylaw(last amended
July 10,2006). The Applicant has submitted the following information for VHB's 2nd review:
• Response to comments letter dated March 24,2008,
• Application for Watershed Special Permit,
• Plan Showing Proposed Dwelling-880 Great Pond Road- 1 Sheet,dated December 3,2007.
The following comments note non-conformance with specific sections of the Zoning Bylaw or
questions/comments on the proposed design and VHB's•recommendations/suggestions. VHB's original
comments are shown below in regular font with follow-up comments in bold.
Town of North Andover Zoning Bylaw
1. (4.136.3.c.ii.3) Has a variance been granted for the construction of this dwelling, as required by this
section?
Addressed. The Applicant states in his response that a variance has been granted.
2. (4.136.3.c.iii.4 and 5) A note should be added to the plans prohibiting the use of lawn care or garden
products during construction that may contribute to the degradation of the public water supply or that
are not organic or slow-release nitrogen,as specified in this section.
Addressed.
3. (4.136.4.c.ii.4) The Applicant should revise the 100' Buffer Zone dimension to read 100'Non-
Disturbance Zone.
Addressed.
4. (4.136.4.c.iii) A written certification by a Registered Professional Engineer, stating that there will not
be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick has
not been provided, as required by this section.
Addressed. A certification has been provided.
5. (4.136.4.c.vii) The Applicant should provide projections of down gradient concentrations of nitrogen,
phosphorous and other relevant chemicals,as required by this section,or request a waiver.
Addressed. Projections have been provided.
C:\Documents and Settings\ldaley\Local Settings\Temporary Internet Files\ContentOutlook\FQL6NM2\0928041-880 Great Pond WSP-2.doc
6. (4.136.4.g) The Applicant has provided an infiltration trench to recharge roof runoff. Have other
groundwater recharge methods been considered for the driveway and/or deck areas?
Addressed.
General Site Plan/Drainage Comments
7. The Applicant should note that the Locus Plan shows Haverhill as the bordering town to North
Andover. This should be revised to Boxford.
Addressed.
8. Have test pits been taken at the location of the proposed infiltration trench? The Applicant should
verify that there is a 2-foot separation between annual high groundwater and the bottom of the trench.
At a minimum,this 2-foot separation should be specified on the Infiltration Trench detail.
Addressed.
9. A detail should be added for the proposed retaining wall.
Addressed.
10. A detail/typical section should be added for the proposed paver driveway.
Addressed.
The Applicant has revised the plans since the first submission. VHB offers the following
additional comments regarding the revised plans:
11. An "enhanced plantings"area is now proposed between the Farmer's wall and the
wetland area around the property. The Applicant should clarify what the plantings will
consist of.
12. An edge treatment along the edge of the driveway should be proposed,adjacent to the
top of the proposed stone wall. This edge will help direct runoff to the catch basin and
avoid conveying runoff to the adjacent property.
13. As currently designed,the roof drain overflow on the east side of the house is higher
than the catch basin rim. Therefore,during larger storm events,ponding may occur in
the driveway. Has the Applicant considered an overflow pipe from the proposed catch
basin or infiltration trench?
It is recommended that the Applicant provide WRITTEN RESPONSES to the issues and comments
contained herein.
Reviewed by: Date:
Darryl Gallant,P.E.
Civil Engineer—Highway and Municipal
Checked by: Date:
Timothy B. McIntosh,P. E.
Project Manager—Highway and Municipal
C:\Documents and Settings\ldaley\Local Settings\Temporary Internet Files\ContentOutlook\FQL6M252\0928041-880 Great Pond WSP-2.doc
