HomeMy WebLinkAboutDecision - 108 CAMPION ROAD 2/5/2013 13k 13476 P-3184 00-14317
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Town of North Andover n. .•
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° Office of the Planning Department
µ Community Development and Services DivisioiV
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North Andover,Massachusetts 01845
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,file.
without filing of an ap eal.
Any appeal shall be filed Date
within 20 days after the Joyce A.Bradshaw
Y Town Clerk
date of filing this notice in
the office of the Town Clerk.
Date: February 5,2013
Date of Hearings: February 5,2013
Date of Decision: February 5,2013
Petition of: Barbara P.Montopoli, 108 Campion Road,North Andover,MA 01845
Premises Affected: 108 Campion Rd,North Andover,Massachusetts,01845,
Assessor's Map 62,Parcel 85 and located in the Residential 1 Zoning District.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw,Sections 4.136.3.c.ii. 1,2 and 6 and 10.3.
So as to allow the re-grading of a portion of the back yard,remove existing trees and existing landscaping
in order to re-landscape the backyard. Work also includes the removal of a portion of an existing,
abutting driveway and reconstruction of a stone walk within the non-disturbance zone of the Watershed
Protection District.
After a Public Hearing given on the above date, and upon a motion by R. Rowen and 2°d by Lora McSherry
to APPROVE the Special Permit for the Watershed Protection District, as amended and based upon the
following conditions.Vote was unanimous in favor of the application.
)fLning Board
John Simons,Chairman
Richard Rowen
Dave Kellogg
Lynne Rudnicki
Lora McSherry
ATTEST:
A'1`rue Copy
Tov,,n C�.erk
108 Campion Road Map 62,Parcel 85
Watershed Special Permit—Re-Grading and Landscaping
February 5,2013
The Public Hearing on the above referenced application was opened on February 5, 2013 closed by the
North Andover Planning Board on February 5,2013.
On February 5, 2013, upon a motion made by R. Rowen and seconded by Lora McSherry to GRANT a
Watershed Special Permit to allow the re-grading of a portion of the back yard, remove existing trees and
existing landscaping in order to re-landscape the backyard. Work also includes the removal of a portion
of an existing, abutting driveway and reconstruction of a stone walk within the non-disturbance zone of
the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover
Zoning Bylaw. This Special Permit was requested by Barbara P. Montopoli, 108 Campion Road, North
Andover, MA 01845 on December 13, 2012. The applicant submitted a complete application, which was
noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and
MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and
SPECIAL CONDITIONS set forth in this decision.
The Planning Board vote was unanimous. 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 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria is met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) The Board has determined that the site will be improved and that the quality of water nrnoff will be
improved.The Planning Board bases this finding on the following facts:
a) The proposed project will not result in any significant degradation of the quality or quantity of water
in or entering Lake Cochichewick.
b) The final design results in a the planting of native species that reflect extensive discussions
between the Town and the applicant to ensure the continued protection of Lake Cochichewick
and the safety and welfare of the residents of North Andover.
c) There will be no increase in impervious surface area.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
a) The specific site is an appropriate location for the proposed use as the plantings and general
landscaping have been reviewed and approved by town of North Andover Conservation and
Planning staff.
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
108 Campion Road Map 62,Parcel 85
Watershed Special Permit—Re-Grading and Landscaping
February 5,2013
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 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:
1)Permit Definitions:
a) The"Locus"refers to the 44,987 sq.ft.parcel of land with frontage on Campion Road as shown
on Assessors Map 62,Parcel 85,and also known as 108 Campion Road,North Andover,
Massachusetts.
b) The"Plans"refer to the plans prepared by Andover Consultants,Inc., dated October 10,2012 and
revised to December 13,2012,entitled"Notice of Intent Plan#108 Campion Road North
Andover,Mass. Prepared for Barbara P.Montopoli"and a Landscape Plan"Drawn From"
Notice of Intent Plan 108 Campion Road North Andover,Ma. Prepared by Judy Wright.
c) The"Project"or"108 Campion Road"refers to the re-grading of a portion of the back yard,
remove existing trees and existing landscaping in order to re-landscape the backyard. Work also
includes the removal of a portion of an existing, abutting driveway and reconstruction of a stone
walk within the non-disturbance zone of the Watershed Protection District.
d) The"Applicant"refers to Barbara P. Montopoli,the applicant for the Watershed 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.
2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a Public Hearing and Modification by the Planning Board.
3) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free.
This restriction will be noted on the deed.
4) Prior to any work performed on the site,the applicant must conform with the following:
a) A bond in the amount of two thousand dollars ($2,000.00) shall be posted for the purpose of
insuring that the site is constructed in accordance with the approved plan and that a final as-built
plan is provided, showing the location of all plantings and lawn area. This bond shall be in the
form of a check made out to the Town of North Andover. This check will then be deposited into
an interest bearing bond account.
b) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-
free. The applicant shall incorporate this condition as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
5) Prior to release of the Performance Bond:
108 Campion Road Map 62,Parcel 85
Watershed Special Permit—Re-Grading and Landscaping
February.5,2013
a) The applicant shall submit an as-built plan that shows all re-grading, plantings and new Iawn area.
This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a
certification from the designer 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.
6) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
7) The Contractor shall contact Dig Safe at least 721101irs prior to commencing excavation.
8) 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.
9) This Special Permit approval shall be deemed to have lapsed February 5, 2015 (two years from the
date of issuance) exclusive of the time required to pursue or await determination of any appeals,
unless substantial use or constriction has commenced within said two-year period. Substantial use or
construction will be determined by a majority vote of the Planning Board.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: "Notice of Intent Plan#108 Campion Road North Andover, Mass"
Prepared for: Barbara P.Montopoli
108 Campion Road
North Andover,MA 01845
Prepared by: Andover Consultants, Inc.
1 East River Place
Methuen,Ma 01844
Scale: 1"=20'
Date: October 10,2012 and revised December 13,2012.
Sheets: 1
Plan titled: Landscape Plan"Drawn From"Notice of Intent Plan 108 Campion Road
Prepared by: Judy Wright
Scale: 1"=20'
Sheets: 1
cc: Town Engineer
Building Inspector
Conservation Administrator
Applicant
Assessor's Office
File
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