HomeMy WebLinkAboutDecision - 120 CAMPION ROAD 12/3/2013 V _
Town of North Andover
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- NOTICE OF DECISION This Is to certify that twenty(20)days
WATERSHED SPECIAL PERMIT have elapsed from date of decision,filed
without filing of an ppeal.
Date
appeal shall be filed Joyce l Oft taw
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within(20)days after the
date of filing this notice in
the office of the Town Clerk. Date: December 3,2013
Date of Hearings:November 19,2013
December 3,2013,•
Date of Decision: December 3,2013
Petition of: Scott Sigman,120 Campion Road,North Andover,MA 01845
Premises Affected: Campion Road,North Massachusetts,
Ass essor's Map 62,Parc el 86 and located in he 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.6&10.3. hree-car gage with
So as to allow the demolition of an existing two-car garage and the construction 0 feet of a wetland in the Non-
living area above, along with a 140 sq. ft. driveway extension,within 0
Disturbance Zone and within the Non-Discharge Zone of the Watershed Protection District.
After a Public Hearing given on the above date, upon a motion made by D. Kellogg and seconded by L.
McSherry,the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection
District. The vote was 4-0 in favor of the application. �---
PI ring Board
Richard Rowen
Michael Colantoni
ATTEST) Lora McSherry
ATrue Copy Dave Kellogg
91�" (7-
Town Clerk
The public hearing on the above referenced application was opened on November 19,2013 closed by the
North Andovef Planning Board on December 3,2013.
120 Campion Road,Map 62 Lot 86
Watershed Special Permit—Construction of a 3-car Garage and Driveway Extension
December 3,2013
On December 3, 2013, upon a motion made by D. Kellogg and seconded by L. McSherry, the Planning
Board voted to GRANT a Watershed Special Permit for the demolition of an existing two-car garage and
the construction of a three-car garage with living area above, along with a 140 sq. ft.driveway extension,
within 100 feet of a wetland in the Non-Disturbance Zone and within the Non-Discharge Zone of the
Watershed Protection District, under the requirements of Section 4.136.3.c.ii.6 & 10.3 of the North
Andover Zoning Bylaw. This Special Permit was requested by Scott Sigman, 120 Campion Road,North
Andover, MA 01845 on October 9, 2013. 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 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 could be an
improvement in the quality of water and a decrease in the amount of water entering Lake Cochichewick.
The project is located within an extremely environmental sensitive area and in close proximity to Lake
Cochichewick.The final design reflects extensive discussions between the Town and applicant to ensure
the continued protection of Lake Cochichewick and the safety and welfare of the residents of North
Andover.
a) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston,and with the application of the erosion control measures and modifications to the drainage
and stormwater management designs, the Planning Board concluded that there could be an
improvement in the quality of water and a decrease in the amount of water entering Lake
Cochichewick. The site drainage system and storm water 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,Lisa Eggleston, as evidenced by a
letter dated November 13, 2013 and an email dated November 26, 2013 and letters from Sullivan
Engineering, dated October 7, 2013 and November 26, 2013. Further, adequate safeguards have
been- provided to mitigate pollutants from entering Lake Cochichewick through the
installation/implementation of the following Best Management Practices:
i) The new project will create approximately 480 sq.ft. of new impervious area that will include
the new garage and the expanded driveway area. Stormwater runoff associated with the new
impervious surface will be routed to a drywell system to promote groundwater recharge.
ii) Stormwater runoff from a portion of the existing roof area will also be routed to the drywall
for recharge,which results in a decrease of 205 sq. ft.of impervious area
iii) Any proposed net increase of impervious surface on the lot in future,beyond what is allowed
by this decision,will not be allowed. This restriction will be noted in the deed.
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120 Campion Road,Map 62 Lot 86
Watershed Special Permit—Construction of a 3-car Garage and Driveway Extension
December 3,2013
iv) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. The use of coal tar-based pavement sealants is prohibited. These restrictions
will be noted in the deed.
v) Metal roofing elements shall not be used in the roof. This restriction shall be noted in the
deed
b) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The
lot was created before 1994 and is not subject to the Conservation Zone, as described in section
4.136.2.Table L
c) The existing structure is connected to the Town sewer and water systems.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge,structure or activity.
3) In addition, 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 all feasible storm water and
erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
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.
f) The proposed plan will result in a decrease of impervious area of 205 sq.ft.,due to the recharge of a
portion of the existing roof area.
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 45,022 sq.ft.parcel of land with frontage on Campion Road as shown
on Assessors Map 62,Parcel 86,and also known as 120 Campion Road,North Andover,
Massachusetts.
b) The"Plans"refer to the plans prepared by Sullivan Engineering Group,LLC, entitled 120
Campion Road Site Development Plan of Land located in North Andover,Massachusetts.
c) The"Project"or"120 Campion Road"refers to the demolition of an existing two-car garage and
the construction of a three-car garage with living area above,along with a 140 sq.ft.driveway
extension,within 100 feet of a wetland in the Non-Disturbance Zone and within the Non-
Discharge Zone of the Watershed Protection District.
d) The"Applicant''refers to Scott Sigman,the applicant for the Watershed Special Permit.
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120 Campion Road,Map 62 Lot 86
Watershed Special Permit—Construction of a 3-car Garage and Driveway Extension
December 3,2013
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) Prior to the endorsement of the Plan
a) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
4) Prior to the start of construction or the issuance of a building permit:
a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
L Fertilizers are limited to those which are either organic or slow-release nitrogen and
1 phosphorous-free.
V ii. The use of coal tar-based pavement sealants is prohibited.
iii. There will be no additional net increase in impervious surface created on the lot, beyond
what is allowed by this decision.
iv. Metal roofing elements shall not be used on the roof.
b) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of
North Andover must be posted to insure 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.
c) The applicant shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning Department and Conservation Department staff. The Monitor
shall submit weekly reports during the entire duration of the project and must be available upon
four(4)hours notice to inspect the site with the Planning Board staff. The Planning Staff may
reduce the frequency of reports upon review of such a request from the applicant.
V/ d) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
e) A pre-construction meeting must be held with the developer,their construction employees,Planning
Department and Conservation Department (and other applicable departments)to discuss scheduling
of inspections to be conducted on the project-and the construction schedule.
5) 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 facilities and other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and
must be provided in paper form as well as in SDF (Standard Digital File) format. The applicant
must also submit a letter from the architect and engineer of the project stating that the building and
site layout substantially comply with the plans referenced at the end of this decision as endorsed by
the Planning Board.This as-built plan shall be submitted to the Town Planner for approval.
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120 Campion Road,Map 62 Lot 86
Watershed Special Permit—Construction of a 3-car Garage and Driveway Extension
December 3,2013
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 72 hours 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 December 3, 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 construction 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: "120 Campion Road Site Development Plan of Land located in North Andover,
Massachusetts"
Prepared for: Scott Sigman
120 Campion Road
North Andover,MA 01845
Prepared by: Sullivan Engineering Group,LLC
22 Mount Vernon Road
Boxford,MA 01921
Scale: 1"=20'
Date: October 4,2013,revised November 26,2013.
Sheets: 1
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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