HomeMy WebLinkAboutMEMO IN SUPPORT OF APPLICTN FOR SPEC PERMIT Memorandum in Support of Application For Special Permit
of Victor L. Hatern,Trustee of the October Lane Trust
This lot was created in 1985 as part of the Coventry subdivision. A preliminary
subdivision plan was filed in May, 1985. The definitive subdivision plan was approved by the
Planning Board on December 16, 1985. The Planning Board endorsed the plan on March 24,
1986.
The property was subject of litigation with the North Andover Conservation Commission
which began in May, 1991. The litigation concluded in Essex Superior Court in May, 1995. The
Conservation Commission's appeal of a Superseding Order of Conditions issued by the
Department of Environmental Protection(DEP) is pending,but the issue is expected to be
resolved along the same terms as that of the Superior Court litigation.
The lot is subject to the provisions of the zoning bylaw in effect when the preliminary
� .. subdivision plan was submitted. The eight-year zoning freeze provided by MGL c. 40A s. 6, and
MGL cA l s. 81 Q, is extended by the period of any litigation involving the right to develop the
property. The lot complies with the Zoning Regulations in that it has greater than 43,560 ft2 of
lot area and 150 feet of street frontage and the proposed house has setbacks of greater than 30
e
feet on all sides. No Floor Area Ration nor Lot Coverage Maximum limits apply to this lot. The
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p lot is in an"R-2"Residential Zone.
Under the zoning bylaw in effect in 1984,no construction is to take place within one
hundred(100) feet horizontally from the edge of tributaries of Lake Cochichewick except by
special permit.
The applicant believes that the current plan meets the conditions for a special permit
listed in Section 10.3 1, par. 1, Items a. through e., of the 1984 bylaw. Specifically,the single-
family home proposed for the site is;
a. An appropriate location for the residential use proposed;
b. Will not adversely affect the neighborhood;
c. Will not be a nuisance or serious hazard to vehicles or pedestrians.
Further,
d. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use, viz., the dwelling will be connected to town water and sewer; and
e. The proposed single-family dwelling is in harmony with the general purpose and intent
of the bylaw.
Enclosed with this application is a Water Quality and Quantity Evaluation report from
William R. Arcieri, Senior Water Quality Scientist ofNormandeau Associates. He concludes in
the report that there will not be "...any adverse effect on the water quality of Lake
Cochichewick as a result of the finished project."
The primary water quality concerns associated with this project relate to nutrients,
particularly phosphorus and nitrogen,potenLially contributed from various sources. Mr. Arcieri's
report contains a detailed explanation of how each of these added nutrients will be handled.
In addition, the Town of North Andover had John C. Chessia,P.E. review this plan and
commented that Mr. Arcieri's "...analysis presented appear reasonable for the individual site,
except as noted below." The applicant will accept as conditions of approval all terms suggested
by Mr. Chessia in his letter,which is attached for the convenience of the Board.
Specifically,the Applicant will engage a Soil Evaluator to do a soil test to determine the
suitability of the soils to allow recharge to occur, and to establish the seasonal high water table.
Further, the Applicant is willing to have his engineer prepare a leaching chamber design which
will allow the storm water to recharge into the ground after it is collected from the gutters on the
house. Please advise me in writing by fax [(978) 682-17121 as soon as possible if the Board
wishes this information prior to its meeting on January 5, 1999.
Further,under the North Andover Conservation Commission's Order of Conditions, soil
erosion measures, including the required hay bale/silt fence barrier should be more than
adequate, given the reduced amount of disturbed area.
An earlier application to the Planning Board for a special permit contemplated a house
with a footprint, seventy(70) feet wide by thirty-four(34) feet deep. The house was oriented
across the lot, reaching toward each of the wetlands.
The current proposal--which has been approved by the Conservation Commission--is for
a structure with far less impact. It calls for a footprint only thirty-two (32) feet wide by fifty-nine
(59) feet deep.
Other lots in Coventry have obtained special permits for the construction of single family
homes within one hundred(100) feet of a lake tributary. [See special permits granted for Lots
2A and Lot 3A]
Moreover, at least twenty-six (26) special permits for construction of single family
dwellings wAhin 100 feet of a tributary of Lake Cochichewick or a wetland in the Watershed
Protection District have been granted by the Planning Board from 1982 to the present,many
substantially closer to the lake or a major tributary.
HAG2080\Principle Points.doc
Normandeau Associates NORMANDEAUAS- )CIATES
25 Nashua Road
Bedford, NH 03110-5500
(603)472-5191
(603)4 72-7052(Fax)
July 20, 1995
Atty. Peter Hatem.
127 Turnpike Street
North Andover, MA 01845
RE: Lake Cochichewick Watershed Protection District;
Proposed Lot Development at Lot #1, Dale Street
Water Quanity and Quality Evaluation
Dear Atty. Hatem,
This letter report represents a Water Quality and Quantity
Evaluation associated with the above-referenced project consistent
with the Special Permit requirements for proposed developments
within the Town's Watershed Protection District. The purpose of
this Evaluation was to assess whether the proposed project would
have a significant negative effect on the water quality of Lake
Cochichewick. In performing this evaluation, Normandeau Associates
reviewed the proposed site plan(dated April 12, 1995) , conducted a
site visit, reviewed the Order of Conditions prepared by the North
Andover Conservation Commission(NACC) as well as the revised
Watershed Protection Bylaw(Oct. 24, 1994) and the Lake Cochichewick
Watershed Plan(IEP, 1987) .
The proposed project consists of constructing a residential
dwelling on a one acre lot located on Dale Street which is in the
upper headwaters of the Batell's Brook subwatershed. The site is
about 1.3 miles from Lake Cochichewick as the stream flows. Runoff
generated within the property drains into bordering vegetated
wetland along the eastern and western edges of the property which
outlet into a large wetland area on the other side of Dale Street
and then eventually into Batell 's Brook. Soils onsite in the upland
areas have been mapped as part of the Canton-Charlton complex which
are described as a well-drained soils with relatively low runoff
potential (SCS, 1981) . The backside or southerly edge of the
property essentially coincides with the major drainage divide
between the Lake Cochichewick and the Fish River watersheds.
The Batell 's Brook subwatershed consists of 368 acres which
make up 13 . 4 percent of the total watershed to the Lake (IEP.
1987) . At the time the Watershed Plan was developed, the principal
land uses within the subwatershed consist of forested, residential,
and pasture areas which comprise roughly 47, 26 and 14 percent of
the subwatershed area, respectively. Without accounting for any
additional residential development that occurred in recent years,
the proposed project, using the entire lot area, would add about
1. 0 percent to the total residential area within the subwatershed.
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NORMANDEAU ASSJCIATE
page 2
As shown on the site plan, only about 15 percent of the lot
area or 6, 500 sf will be disturbed to accomodate the structure
footprint(1, 613 sf) , paved driveway(1, 200 sf) and associated
grading. The house will be connected to the municipal sewer system
through a new force main that will be installed along the north
side of the Dale Street right of way and will tie into the existing
sewer main several hundred feet east of the site.
The primary water quality concerns associated with this
project relate to the added nutrients, particularly phosphorus and
nitrogen, potentially contributed from various sources. Phosphorus
is of concern because of its effect on the eutrophication process
in the Lake. Nitrogen, in the form of nitrate-nitrogen, can be of
concern if drinking water contains levels above 10 mg/1. Since a
septic system is not required with this home development, one
principal source of nutrients has been eliminated. The remaining
sources relate to the potential nutrient contributions from lawn
fertilizer and soil erosion.
Based on water quality sampling results presented in the
Watershed Plan, the annual phosphorus inputs from the Batell's
Brook watershed is estimated to be 103 pounds(lbs) or about 8
percent of the total load to the Lake. Based on literature values,
contributions from residential areas are expected to range between
0. 31 and 0. 54 lbs/acre(IEP, 1987) . Using an average loading rate
of 0.4 lbs/ac/yr, the phosphorus load from this site would amount
to about 0.4 percent of the total phosphorous contribution from the
Batell's Brook watershed and 0. 03 percent for the entire Lake
watershed. Given the minimal site disturbance, discussed above,
and the lack of septic system inputs, loading from this particular
site would be expected to be considerably lower and would have
negligible impact on the Lake particularly with respect to the
existing residential areas within the watershed.
With respect to nitrogen, the point of concern is not so much
the lake but at the property boundary where groundwater recharged
onsite may enter a well used by an adjacent landowner. The NACC
Order of Conditions requires that only low nitrogen content
fertilizer(i. e. , generally considered to be less than 20 %) can be
used. The nitrogen content in commercially-available lawn
fertilizers generally ranges between 5 and 35 percent depending on
the manufacturer and type of material. As an example, the SCOTTS TM
Turf Builder generally contains 32 percent nitrogen with a
prescribed application rate of about 16 pounds per 5000 sf of lawn
twice a year (Spring and Fall) .
NORMANDEAU ASSOCIATES
page 3
For purposes of estimating a worst-case, nitrate-nitrogen
concentration at the property boundary on a average annual basis,
it was assumed that fertilizer with 35% nitrogen content was
applied four times a year at 16 lbs per 5000 sf. (As discussed
earlier, given the site plan layout only about 3700 sf would be
available for lawn area after discounting for the driveway and
building area) . This translates into a total application of 22 .4
lbs of N per year. Most of the applied nitrogen would be utilized
by the vegetation or bound up in the soil. Previous studies have
documented minimal nitrogen losses to groundwater from turfgrass
fertilizer applications(Starr and DeRoo, 1981; Morton et al. ,
1988) . A study conducted at the University of Rhode Island found
that only 13% of the applied N was lost to the groundwater at an
application rate of 28.5 lbs/ac/yr and under overwatering
conditons(Morton et al. , 1988) . Again, to provide a conservative
analysis, 50 percent or 11.2 lbs of the applied N is assumed to
enter the groundwater.
To determine an appropriate dilution volume, it was assumed
that 50 percent of the annual precipitation(i.e. , 43 . 0 inches)
evaporates or is transpired by vegetation, leaving 21.5 inches to
infiltrate into the groundwater or travel as runoff. The soil in
this area has been mapped as the Canton-Charlton complex, which
consists of well drained soil with relatively low runoff potential
(SCS, 1981) . At a minimum, about 50 percent or 10.75 inches of the
available water would be expected to infiltrate into the
groundwater. Additional recharge from watering is not included.
As a result, given the assumed loss of applied N and the
estimated groundwater recharge onsite, an average annual nitrate-N
concentration at the property boundary is estimated to be 4 . 6 mg/1.
This concentration based on worst-case assumptions is well below
the drinking water standard of 10 mg/1. In reality, with a low
nitrogen content fertilizer, as required, a normal application rate
of twice a year and a realistic assumption of plant uptake, the
nitrogen concentrations in groundwater are likely to be a fraction
of the above value that is based on conservative assumptions.
In summary, given the size of the proposed development, its
location within the watershed, the minimal amount of lot
disturbance as presented on the site plan and the results of the
nutrient loading analyses discussed above, I would not anticipate
any adverse effect on the water quality of Lake Cochichewick as a
result of the proposed project. With respect to soil erosion
measures, I find that the proposed hay bale/silt fence barrier
should be more than adequate given the amount of disturbed area
proposed, provided the barrier is installed properly and maintained
until vegetation is re-established.
NORMANDEU ASSOCIATES
page 4
REFERENCES
IEP, Inc. 1987. Lake Cochichewick Watershed Plan. Final Report.
North Andover, Massachusetts.
Morton, T.G. , A.J. Gold, W.M Sullivan. 1988. Influence of
Overwatering and Fertilization on Nitrogen Losses from Home
Lawns. Journal of Environmental Quality, Vol. 17 , No. l.
Starr, J.L. and H.C. DeRoo. 1981. The Fate of Nitrogen Fertilizer
Apllied to Turfgrass. Crop Science, Vol. 21.
U. S. Soil Conservation Service. 1981. Soil Survey of Essex County,
Massachusetts, Northern Part.
If you have any questions, please do not hesitate to call me.
Sincerely,
NORMANDEAU ASSOCIATES
William R. Arcieri
Senior Water Quality
Scientist
cc: Steve Stapinski, Merrimack Engineering
COLER & U
COLANTONIOZ
ENGINEERS ANO SCIENTISTS
February 19, 1996
Ms. Kathleen Colwell
Town of North Andover
146 Main Street
North Andover,MA 01845
RF.: Engineering Review
Lot I Dale Street
Special Permit
Dear Ms. Colwell:
As requested, Coler & Colantonio, Inc. has reviewed the submittal prepared by Merrimack
Engineering Services. The Application is not dated,however the plans are dated April 12, 1995.
It is our understanding that the purpose of this review is to evaluate the Application for
conformance with the requirements of the Watershed Protection District as they relate to a
Special Permit Application for a lot created prior to 1994. It is our further understanding that the
Bylaws dated"Final 10/13/94"are the governing regulations.
We offer the following comments:
1. The parcel lies within the Watershed Protection District. The site is a 43,874 square foot
parcel of land on the southeasterly side of Dale Street. Wetlands flank both sides of the site.
2. The proposed limit of work is within 37.5 feet of wetlands along the west side of the site and
43 feet on the easterly side. The Bylaw requires a setback of 100 feet as a non-disturbance
zone.
3. The limits of the "Non-Disturbance" zone are not indicated on the plan as required in the
Bylaw. The entire locus lies within the"Non-Discharge"zone.
4. A report addressing the impact of site development on water quality in Lake Cochichewick
was prepared by Normandeau Associates. If the Board is not familiar with the
qualifications of Normandeau. Associates a statement of their qualifications to perform this
type of work should be provided. The analysis presented appears reasonable for the
individual site except as noted below. The Planning Board should also consider the
incremental degradation of water quality in the lake due to other similar projects. We
question the assumption that only 3700 square feet of the site will be landscaped area. The
plan indicates a zone of approximately 10 to 15 feet around the building and driveway as
the limit of work. This will be difficult to enforce after construction and provides very
limited construction work space. It is likely that a future homeowner would wish to expand
the yard area on the lot. A restriction on the deed limiting the developed portion of the lot
to the area stated should be required as part of any approval.
101 Accord Park Drive, Suite One 617-982-5400
Norwell, MA 02061-1685 Fax: 617-982-5490
5. The elevation of the cellar floor in the proposed building is below the elevation of wetland
areas on site. it is likely that groundwater will be encountered in the excavation for the
cellar and will be a problem relative to infiltration of groundwater into the cellar.
Typically, this would be controlled through the use of a sump pump. The regulations
require that designs recharge runoff to the extent feasible, if a sump pump is used this
would have the effect of pumping groundwater to a surface discharge point. We
re,pornmend that a test pit be excavated and observed by a certified soil evaluator to
estimate the maximum seasonal high groundwater table. The proposed cellar floor
elevation should be a minimum of one foot above this elevation.
6. The plans indicate a grass swale which would collect runoff along the easterly side of the
building for discharge across the driveway to Dale Street. It also appears that a small
depression on the easterly side of the proposed driveway, in the Dale Street layout would
be created. We do not. recommend creating a trap for water in zhe layout of a public street.
The proposed swale would discharge to an existing ditch along Dale Street. The
regulations require that site runoff from impervious areas be recharged to the extent
feasible. The proposed swale does not address this requirement. Based on the report by
Normandeau Associates, soils on the site should be suitable for on-site recharge.
7. It does not appear possible to grade to the limits shown on the plan along the westerly side of
the driveway in the vicinity of the proposed 196 and existing 198 contours.
We appreciate the opportunity to assist the Planning Board on this project and hope that this
information is sufficient for your needs. If you have any questions please do not hesitate to
contact us.
Very truly yours,
COLER&COLANTONIO, INC.
C'
)John C. Chessia,P.E.
Xc Merrimack Engineering Services