HomeMy WebLinkAbout08/12/2025 - Notice of Decision - - 364 JOHNSON STREET j
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=v�,���a ; a�'a Town of North Andover ;.__,.,�;:
�- k ' Office of the Planning Depaartment :i:;_:
120 Main Street
On A go North Andover,Massachusetts 01845
NOTICE OF DECISION �' _�=�-€
Watershed Special Permit
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: August 12, 2025
Date of Hearings: August 12, 2025
Date of Decision: August 12, 2025
Petition of: Gregory&Melissa Buitkus
Premises Affected: 364 Johnson Street,North Andover,Massachusetts,01845
Assessor's Map 38 Lot 15 and located in the Residential 3 Zoning District.
Referring to the above petition for a Watershed Special Pen-nit under the requirements of the North Andover
Zoning Bylaw,Chapter 195 Article 4 Part 5 and Article 10 Section 195-10-7.
So as to authorize construction of a proposed 376 square foot(SF)addition to the existing;two-story dwelling.
The addition *includes a basement, first, and second-story for a total of 1,128 SF. The existing rear deck is to
be expanded to connect with the addition. The project is located within the Non-Discharge Zone of the
Watershed Protection District. The property is located in the Residential 3 zoning district.
After a public hearing was held on the above date, and upon a motion by S. Kevlahan and 2nd by J.
Simons to APPROVE the Watershed Special Permit, as amended and based upon the following
conditions. Vote was 5-0 in favor of the application.
V Jean Enright
On Behvltlf of the North Andover Planning Board
Eitan Goldberg
John Simons
Peter Boynton
Sean Kevlahan
Kate Kelly
364 Johnson Street
Watershed Special Permit--addition and expanded deck
August 12,2025
The public hearing on the above referenced application was opened on August 12,2025 and closed by the
North Andover Planning Board on August 12,2025.
On August 12, 2025, upon a motion made by S. Kevlahan and seconded by J. Simons to GRANT a
Watershed Special Permit for the construction of a proposed 376 square foot (SF) addition to the existing
two-story dwelling. The addition includes a basement, first, and second--story for a total of 1,128 SF. The
existing rear deck is to be expanded to connect with the addition under the requirements of Article 4 Part 5
and Article 10 Section 195--10.7 of the North Andover Zoning Bylaw. The project is located within the
Non--Discharge zone of the watershed Protection District. The property is located in the Residential 3
zoning district. This Special Permit was requested by Gregory and Melissa Buitkus, 364 Johnson Street
North Andover, MA. 01845 on June 30, 2025. The Petitioner submitted a complete application, which
was noticed and reviewed in accordance with the Town of North Andover.Zoning Bylaw and MGL Ch.
40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL
CONDITIONS set forth in this Notice of Decision ("decision"),
The Planning Board vote was 5-0, unanimous, 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 Petitioner is hereby notified that should the Petitioner disagree with this decision, the Petitioner 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.
The Planning Board mares 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 Labe Cochichewick. The
Planning Board bases this finding on the following facts:
a) The Project is located within an extremely environmental sensitive area and in close proximity to
a wetland resource area that drains to Labe Cochichewick. The final design reflects discussions
between the Town and Petitioner 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, and with the application of the erosion control
measures 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. The plan has been reviewed by the outside consulting engineer, Janet
Carter Bernardo, P.E., as evidenced by letters dated July 7, 2025, August 1, 2025, and August 7,
2025 and response email correspondence from John J. McDonnell, MSCE, PE, PLS dated July 20,
2025 and August 6,2025. Further, adequate safeguards have been provided to mitigate pollutants
from entering Lake Cochichewick through the installation/implementation of the following Best
Management Practices relative to an addition to a single-family dwelling.
i) The lot was created in 1964 and the area of disturbance is less than 1--acre. The Project is
proposed within the 325' Non--Discharge buffer zone from the edge of a Bordering Vegetated
wetland(BVW). The BVW is located along the western side of the roadway at 365 Johnson
2
364 Johnson Street
Watershed Special Permit--addition and expanded deck
August 12,2025
Street. The closest point of the proposed expansion to the BVS is approximately 260-feet.
The proposed limit of disturbance is greater than 100 feet from the wetland resource area. In
accordance with Section 195-4.19(B)(2)(a) of the Zoning Bylaw, 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.
ii) The stormwater management for the proposed improvements includes a 160-gallon mini
drywell and a subsurface system for infiltration on the east side of the existing building. The
existing footprint of the house is 890 SF. The proposed footprint of the expanded dwelling is
1,266 SF. A total increase of approximately 376+1- SF of impervious surface area is
proposed within the 26,571 SF parcel.
iii) Best Management Practices (BMPs) will be followed with regard to maintenance of the
drywell and subsurface system, as stated in the document titled "Stormwater Management
Deport watershed Protection District Special Permit, provided by John J. McDonnell,MSCE,
PE, PLS. More specifically "Section V Operation and Maintenance Plan" included in said
Stormwater Management Report dated August 3, 2025. The "Operations & Management
Plan" document with the approved Site Plan referenced herein will be considered part of this
decision.
iv) 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 connected to the Town sewer and water systems.
d) The application was reviewed by Town staff as evidenced by email communication from Tim
Willett, DPW water and sewer, dated July 1, 2025,Amy Maxner, Conservation Administrator dated
July 1,2025 and Stephen Diminico,NAPD,dated June 30,.2025.
e) Erosion control, consisting of a staked 8"mulch sock will be installed prior to construction and will
remain in place throughout construction. The location of this control is noted on the Plan.
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 the Non--
Discharge zone.
In accordance with Section 195--1.0.7 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS 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 3 Zoning District.
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 Permit based upon the following
SPECIAL CONDITIONS:
3
364 Johnson Street
Watershed Special Permit—addition and expanded deck
August 12,2025
8)Permit Definitions:
a) The"Locus"or"Site"refers to the 26,571 SF parcel of land with frontage on Johnson Street as
shown on Assessors Map 3 8,Parcel 15 and also known 3 64 Johnson Street,North Andover,
Massachusetts.
b) The"Plans"refer to the Plans prepared by Johns J. McDonnell MSCF, PE,PLS, dated June 25,
2025 and revised to August 5,2025,entitled"Plan of Land 364 Johnson Street North Andover,
Mass.", prepared for Gregory&Melissa Buitkus. Sheets 2 of 2.
c) The"Project"or"3 64 Johnson Street"refers to the construction of a proposed 3 76 square foot(SF)
addition to the existing two--story dwelling. The addition includes a basement,first,and second--story
for a total of 1,128 SF.The existing rear deck is to be expanded to connect with the addition. The
project is located within the Non--Discharge Zone of the watershed Protection District. The property
is located in the Residential 3 zoning district.
d) The"Applicant"or"Petitioner"refers to Gregory&Melissa Buitkus,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 proposed construction be allowed to further impact the Site than as
proposed on the Plan referenced in Special Condition#1.
11) 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 biweekly 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 noncompliance and corrective actions. The Monitor will also
provide reports following heavy rain events (1+ inch). The Monitor must also be available upon
notice to inspect the Site accompanying the Planning Director of designated official.
d) Applicant shall sign an Illicit Discharge Compliance Statement.
e) All erosion control measures as shown on the Plan 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 Project and the construction schedule.
4
364 Johnson Street
Watershed Special Permit--addition and expanded deck
August 12,2025
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.
12) Prior to release of the Performance Bond
a) The Applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including stormwater mitigation trenches and other
pertinent Site features. 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 must by a majority vote make a finding that the Site is in conformance with the
approved Plan.
13) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
14) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
15) 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.
16) This Special Permit approval shall be deemed to have lapsed August 12, 2027 (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.
17) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
a) Plan titled: Plan of Land 364 Johnson Street North Andover,Mass.
Prepared for: Gregory&Melissa Buitkus
3 64 Johnson Street
North Andover,MA 01845
Prepared by: John J. McDonnell MS CE,PE,PLS
Two Cullen Circle
Andover,MA 0 18 10
Scale: 1"=40'
Date: June 25, 2025 and revised to August 5,2025
Sheets: 2 of 2
b) Report Title: Stormwater Management Report Watershed Protection District Special Permit
Prepared for: Gregory&Melissa Buitkus
Prepared by: John J.McDonnell MSCE,PE,PLS
5
364 Johnson Street
Watershed Special Permit—addition and expanded deck
August 12,2025
Date: June 25,2025 and revised to August 3,2025
cc:
Applicant
Engineer
Abutters
6
SOILS INFORMATION: IMPERVIOUS AREA INCREASEUTIGATION DEED RESTRICTIONS:
THE ONLY FERTILIZERS ALLOWED FOR USE ON THIS PROPERTY SHALL.BE ORGANIC OR SLOW RELEASE
TEST PIT WAS PERFORMED BY EXISTING ROOF:859 S.F. NON-ORGANIC PESTICIDES AND HERBICIDES USE IS PROHIBITED
JOHN MCDONNELL P,E.,C.S.E PROP.ADDITION ROOF:376 S.F.
ON 6fI12025 ROOF AREA TO BE RECHARGED:375 S.F.
THE USE OF COAL TAR-BASED PAVEMENT SEALANTS IS PROHIBITED 1.
TEST FIT:TH-1
ELEV.-255.8'
H4R.A FSL.1D YR 314 - THESE STATEMENTS SHALL APPEAR AS DEED RESTRICTION TO RUNWITH THE
10-23" HOR.Bw FSL 10 YR.618 LOT CREATION
23"74" HOR.C SL 2.5 Y 5/6
MOTTLES Q 4W(ELEV=251Z) LOT CREATED PRIOR TO OCTOBER 24,1994
WATER WEEPING 71"(ELEV=249.9J.
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=` 1- _x j' PROFESSIONAL LAND SURVEYOR
�roa r1`;�.��-,' _ _� ;? ,�• ��a� _ - r I MINIMUM LOT AREA=25,000 SO FT
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ANDOVER MASSACHUSETTS 01810
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120, 3e.tr ZZAr 354 JOHNSON STREET
Iw,tV K p&N CCOT0n1.r TQ 9C FKLA n 1DELONICHA►0mAt Ail sra>r � THIS PROPERTY IS NOT LOCATED IN A +� �* NORTH ANI70VER MAS$ACHUSETTS
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"FOR NON-TRAFFIC AMUCATIONS.THE DEPTH OF COVER ABOVE THE EMBEDMENT �� REV:1 JULY 14 025
STONE LAYER MAYBE REDUCED TO s.o' SHEET
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PROP.BOTTOM OF CU ART EI=V E-155.7 �'°"�{ INTO UN7 364 JOHNSON STREET
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REV'I JULY 14 2025
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SHEET 2 OF 2
Stormwater Management Report-364 Johnson Street
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14)System Components Description
1. Collection System
Roof gutters and downspouts: Collect and convey roof runoff through 4-mch PVC
connections
• Underground piping: 4-inch Schedule 40 PVC pipes transport water between system
components at n n'mum 1% slope.
I Settlement and Distribution System (Mini Dryweli)
Component: Shea Concrete Mini Dry Well, 160-gallon capacity
• Function: Provides initial treatment through sedimentation in the 24-inch sump
a Access: Cast iron gratc with 24-inch round frame for inspection and maintenance
Performance: Achieves 25%Total Suspended Solids (TSS)removal through settling
3. Primary Treatm ent System (infiltration Chambers)
■ Component: Three(3)Cultec R-180HD chambers in engineered stone field
■ Dimensions: 9.33' x 12.00' x 2.83' deep
Storage: 166.7 cubic feet total storage capacity
Function: Final treatment and infiltration to groundwater at 12 incheslhour design rate
• Performance: Achieves additional 80%TSS removal for combined system efficiency of
85%
4, Emergency Overflow System
• Component: Emergency overflow pipes per manufacturer specifications
0 Function: Prevents surface flooding during extreme events exceeding design capacity
15}System Location Reference
Attached hereto as Appendix A is a view from thesite plan showing the precise location of
all stormwater system components. This drawing is provided for the homeowner's future
reference to locate system components for inspection and maintenance activities,
1 6}Homeowner Responsibilities
The property owner is responsible for maintaining the stonnwater management system in proper
working condition to ensure regulatory compliance and system performance. Specific
responsibilities include:
• Routine inspection of roof gutters and downspouts
• Seasonal cleaning of debris from system inlets
Page 12 of 15
Stormwater Management Report w 364 Johnso■Street
• Annual inspection of pretreatment chamber
• Prompt repair of any system deficiencies
1 7)Routine Maintenance (Homeowner):
4 Quarterly: Visual inspection of surface conditions
Bi-annually: Gutter and downspout cleaning
Annually: Pretreatment chamber inspection and cleaning
a As needed: Debris removal and minor repairs
1 8)Professional Maintenance:
• Every 3-5 years: Comprehensive system evaluation
• As needed: lnfiitration rate testing and system rehabilitation
1. Inspection and Monitoring Requirements
19)lnspection Elements:
• Roof drainage system condition
• Pretreatment chamber sediment levels
• Evidence of system backup or overflow.
• Infiltration performance observations
J. Maintenance Agreement and Easements
20)Maintenance Responsibility
• Property owner responsible for system maintenance
• Access maintained for inspection and cleaning
0 Documentation of maintenance activities
• Professional assistance as needed
K. Annual Reporting Requirements
2 1)Documentation
• Annual maintenance log
• Inspection findings and recommendations
• Any repairs or modifications made
i System performance observations
Note: The attached 1" = 10' site plan(Appendix,A.)provides precise component locations and
shall be referenced for all future inspection and maintenance activities. This drawing is essential
for locating buried system components and should be retained with property maintenance
records.
VL Compliance & Ben fit
1. Watershed Protection: The system eliminates all surface runoff, providing 100%
volume control and significant peak flow reduction.
Wage 13 of 15
Stormwater management Report-364 Johnson Street
2. conservative Design: The system is sized for 340% more impervious area than the
current roof addition, ensuring adequate capacity for future development. Infiltration rate
based on site-specific testing with a conservative safety factor,
3, Groundwater Recharge:All stormwater is returned to the groundwater system through
infiltration, maintaining natural hydrology.
V11. Recommendation
The proposed infiltration system exceeds typical stormwater management requirements by
OP
providing complete volume control and substantial peak flow attenuation for both current and
anticipated future development. The system design ensures no adverse impact to the
Watershed and supports the Town's stormwater management objectives.
Analysis prepared using HydroCAD@ software followings SDS TR-20 methodology
Prepared By:John J McDonnell,PE, PLS
I" O
mom4 OF Ak
4,r
JOHN J,
McDONNELL n
VIA.
.n NO,41157 �
STD
TONAL
Wage 14 of 15
Storm.water Management Report-364 Johnson Street
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Page 15 of 15