The URL can be used to link to this page

Home My WebLink AboutDecision - 125 CAMPION ROAD 9/2/2005 NoNTN Town n North Andover All p �T4u M a* � Department Office � YCE AA,aSH AW- " , Development Services • Ictrax f _ . ��asAC 400 Osgood Stre�e,t,,, North Andover,Mamchusetts 01845 ' n I I or- httpJ/www townofiio a dover.com ' Lincoln Daley Town Planner P (978)688-9535 F(978)688-9542 00 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk. Date: August 8,2005 Date of Hearings: June 21-August 2,2005 Petition of* Richard Stoddard,208 Spyglass Lane,Jupiter,Florida Premises Affected: 125 Campion Road,North Andover,MA 01845 Map 62,Parcel 87 Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 4.136, 10.3 of the North Andover Bylaw for a Watershed Special Permit so as to allow for specific work related to the construction of drainage improvements behind the existing single family dwelling unit in the non-disturbance and non-discharge zones of the Watershed Protection district within the R-1 zoning district. At a public hearing gi ven on the above date, the Planning Board voted to APPROVE a Watershed Special Permit upon a motion made by John Simons and 2°d by Alberto Angles with language as amended, vote was unanimous 4-0. Signed: Lincoln Daley, Town Pl er cc: Applicant Richard Nardella, Chairman Engineer John Simons, Vice Chair Abutters Town Departments James Phinney, Clerk Alberto Angles Attachment 130ARD OF APPEALS 688-9541 13UILDING 688-9545 CONSERVATION 688-9530 HEALTH 6884540 PLANNING 688-9535 Watershed Special Permit CONDITIONAL APPROVAL 125 Campion Road,Map 62 Lot 87 ' Construction of Drainage Infrastructure Appendix A The Planning Board hereby conditionally approves the Watershed Protection District Special Permit,and makes the following findings based on the application Richard Stoddard,208 Spyglass Lane,Jupiter, Florida,who submitted this application on May 20,2005. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec. 9. The area affected includes Map 62,Lot 87(identified as 125 Campion Road) in the R-1 Zoning District.The applicant is requesting a watershed special permit to allow specific work related to the construction of drainage improvements behind the existing single- family dwelling unit in the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District. The purpose of said improvements is to stabilize the slope by installing reinforced concrete pipes and drainage manholes,as well as grading the area to prevent further erosion from occurring on site. The parcel was created in 1985 and is subject to the Watershed Protection District provision for lot created before October 24, 1994. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed drainage improvements,there will not be significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed drainage improvements will sufficiently capture street runoff from Campion Road and prevent further erosion from occurring on said property. b) A deed restriction will be placed restricting the types of chemicals(fertilizers,pesticides,herbicides, salts)that can be used on site; c) The topography of the site will not be altered substantially. The proposed drainage infrastructure improvements will dramatically improve the topography,grading, and landscaping; d) The limit of clearing, grading, and construction is restricted to the minimum necessary to install the drainage infrastructure. e) Certification has been provided by a registered professional engineer that the drainage infrastructure improvements will not have an effect on the quality or quantity of runoff entering the watershed protection district; f) The drainage infrastructure improvements have been reviewed by the Town's Engineer and with the application of the erosion control measures, there will be negligible degradation to the quality or quantity of water in or entering Lake Cochichewick or any wetlands. 2. There is no reasonable alternative location outside the Non-Disturbance and Non-Discharge Zones for any discharge or construction activity. moo BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535- .r Watershed Special Permit CONDITIONAL APPROVAL 125 Campion Road,Map 62 Lot 87 Construction of Drainage Infrastructure In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1. The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2. The use will not adversely affect the neighborhood as the lot is located in a residential zone; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5. The existing lot meets the minimum lot area requirements for a lot within the R-1 District as shown in Table 2 of the North Andover Zoning By-laws. 6. 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) 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. 2) Prior to issuance of a building permit: a) A performance guarantee of five-thousands dollars ($5,000.00) in the form of a check made out to the Town of North Andover must be posted to insure that construction 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) All erosion control and stormwater management measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers, salts, or other chemicals will be used on the site. 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. d) The applicant must provide an easement for the purpose of accessing and maintaining the proposed constructed drainage improvements. Said easement will extend easterly no less than 160 feet(160') beginning from the point of the outflow current at the existing easement boundary labeled"Drainage Easement"on said plans below. Said easement will be of sufficient width to access and maintain the drainage improvement. e) All easement plans,forms,and documentation relating to the access and maintenance of the drainage infrastructure improvements must be submitted to the Town Planner-for approval. The applicant 3 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Watershed Special Permit CONDITIONAL APPROVAL 125 Campion Road,Map 62 Lot 87 Construction of Drainage Infrastructure shall incorporate this condition into the deed and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 3) 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 storm water mitigation trenches, sediment and oil separator, private roadway layout, and other pertinent site features. This as-built plan shall be submitted to the Town Planner 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. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced below. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The-Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 8) This permit shall be deemed to have lapsed after a two-(2)year period from the date August 2, 2005 on which the Special Permit was issued, unless substantial use or construction has commenced. 9) 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: "Proposed Drainage Repairs Stoddard Residence 25 Campion Road North Andover,Massachusetts" Prepared for: Richard Stoddard Prepared by: Richard F.Kaminski&Associates, Inc. 360 Merrimack Street Lawrence,MA 01843 Scale: 1'.'=20' Sheets: Cover Sheet, SP-1 through SP-3 Date: August 18,2004,Revised June 29,2005 CC. Town Departments abutters engineer Assessor 4 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535