HomeMy WebLinkAboutDecision - 107 CAMPION ROAD 8/5/2014 9k 14017 Ps 54
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Office of the Planning Department -
_� ,� * Community Development and Services Division
�,S��;.o�•"i�y 1600 Osgood Street
SA`"use North Andover,Massachusetts 01845
NOTICE OF DECISION
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Watershed Special Permit Thls Is to certify that twenty(20)days
have elapsed from date of decision,filed
Any appeal shall be filed without ftliDa of, e% r-1 d,014
within (20) days after the Joyce A.Bradshaw
date of filing this notice in Town Clerk
the office of the Town Clerk.
Date: August 5, 2014
Date of Hearings: June 17,2014' July 15,
2014,August 5,2014
Date of Decision: August 5,2014
Petition of. Dimitrios Saragas, 16 Somerset Drive,Andover,MA 01810
Premises Affected: 0 Campion Road (a/k/a 107 Campion Road), North Andover, Ma6achusetts,
01845.
Assessor's Map 62,Parcel 89 and located in the Residential 1 Zoning District.
The above petition for a Watershed Special Permit is according to the requirements of the Noah Andover
Zoning Bylaw,Sections 4.136.3.c.ii.1,2,3, 5& 10.3.
So as to allow the construction of a 3,330 sq. ft. single family dwelling unit, driveways, installation of
utilities and associated grading on an undeveloped parcel within an isolated wetland and its 100 foot
buffer in the Non-Disturbance Zone and within the Non-Discharge Zone of the Watershed Protection
District.
After a public hearing given on the above date,and upon a motion by D.Kellogg and 2nd by L.McSherry the
Planning Board APPROVES the Watershed Special Permit for the Watershed Protection District as
amended and based upon the following conditions.Vote was 4-0 in favor of the application.
Planning Board
Michael Colantoni j
Lynne Rudnicki
Lora McSherry
Dave Kellogg
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Town Clerk
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Bk 14017 Pg55 #23782
,. 0 Campion Road(a/k/a 107 Campion Road
Map 62 Lot 89
Watershed Special Permit—Construction of New Single Family Residence
August 5,2014
The public hearing on the above referenced application was opened on June 17, 2014 closed by the North
Andover Planning Board on August 5,2014.
On August 5, 2014, upon a motion made by D. Kellogg and seconded by L. McSherry to, GRANT a
Watershed Special Permit for the construction of a 3,330 sq. ft. single family dwelling unit,driveways,
installation of utilities and associated grading on an undeveloped parcel within an isolated weiland and its
100 foot buffer 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.1, 2, 3, 5 & 10.3 of the Novi Andover
Zoning Bylaw. This Special Permit was requested by Dimitrios Saragas, 16 Somerset Drive, Andover,
MA 01810 on May 14, 2014. 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 subiect 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.
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The applicant is hereby notified that should the applicant disagree with this decision, the appli ant has the
right, tinder MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after�Ihe 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 will not be any
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 project is Iocated within an extremely environmental sensitive area and in close proximity to
Lake Cochicliewiek. 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. i
b) On May 13,2014,the project received a variance from the Town of North Andover Zoning Board
of Appeals, as required by the Town of North Andover's Zoning Bylaw, section 4.;!136.3.c.ii.3.
The Zoning Board found that owing to circumstances related to soil conditions, shape or
topography of the land, that literal enforcement of the provisions of the Bylaw wotiuld involve
substantial hardship, financial or otherwise. I
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c) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston, and with the application of the erosion control treasures and implementation of 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 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 letters dated June
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Bk 14017 Pg56 ,#23782
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0 Campion Road(a/k/a 107 Campion Road
Map 62 Lot 89
Watershed Special Permit—Construction of New Single Family Residence
August 5,2014
17, 2014 and July 15,2014 and a letter from Andover Consultants, Inc. dated June 23 20 t and a
revised plan and revised rain garden calculations dated July 9, 2014. Furth r, adequate
safeguards have been provided to mitigate pollutants from entering Lake CochicheWick through
the installation/implementation of the following Best Management Practices relative to a single-
family dwelling:
j) The new project will create 8,610+/- sq. ft. of new impervious area that will+include the
dwelling unit,an attached garage, screened porch,deck, and driveway. All of the impervious
surface and roof runoff will be routed to three rain gardens and/or a shallow diversion swale.
ii) Roof runoff from the proposed building will be directed to pervious surfaces and then to the
rain gardens.
iii) The limit of work has been marked on the plan. No work should occur beyond that limit
without the approval of the Planning Board. i
iv) Fertilizers are limited to those which are either organic or slow-release ditrogen and
phosphorous-free. The use of coal tar-based pavement sealants is prohibited:. All future
property owners will maintain the rain gardens and will not re-grade or otherwi'e alter their
functionality as stormwater management structures. These restrictions will be r1oted in the
deed.
d) The existing lot was created in 1985 by a subdivision approved by the North Andover Planning
Board on March 26, 1985 and recorded at the Essex North Registry of Deeds as Plan No. 9887.
Since the lot was created before 1994 and it is not subject to the Conservation Zone,as described in
section 4.136.2.Table 1.
e) The proposed structure will be connected to the Town sewer and water systems. i
2) There is no reasonable alternative location outside the General, Non-Disturbance, anl` 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 store 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 I Zoning
District;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
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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: '
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Bk 14017 Pg57 .#23782
0 Campion Road(a/Ida 107 Campion Road
Map 62 Lot 89
Watershed Special Permit—Construction of New Single Family Residence
August 5,2014
1)Permit Definitions:
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a) The"Locus"refers to the 43,647 sq. ft. parcel of land with frontage on Campion Road as shown
on Assessors Map 62, Parcel 89,and also known as 0 Campion Road and 107 Campion Road,
North Andover,Massachusetts.
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b) The"Plans"refer to the plans prepared by Andover Consultants,Inc.,dated March 3,2414 and
revised to July 9,2014,entitled"Site Plan 107 Campion Road North Andover,Mass"
c) The"Project"or"0 Campion Road"refers to the construction of a 3,330 sq.ft. single Family
dwelling unit,driveways,and installation of utilities and associated grading on an undeveloped
parcel within an isolated wetland and its 100 foot buffer in the Non-Disturbance Zone;and within
the Non-Discharge Zone of the Watershed Protection District.
d) The"Applicant"refers to Dim itrios Saragas,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,an 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 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.
i) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. i
ii) The use of coal tar-based pavement sealants is prohibited.
iii) All fixture property owners will maintain the rain gardens and will not re-grade or otherwise alter
their functionality as stormwater management structures. I
b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
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4) Prior to the start of construction or the 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 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.I
b) The applicant shall designate an independent Construction Monitor who shall N chosen in
consultation with the Planning Department staff. The Construction Monitor shall su mit weekly
reports during the entire duration of the project and must be available upon four(4)hour notice to
inspect the site with the Planning Board staff. Tile Planning Staff may reduce the frequency of
reports upon review of such a request from the applicant.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
d) A pre-construction meeting must be held with the developer,their construction employees, Planning
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Bk 14017 Pg58 #23782
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0 Campion Road(a/k/9 107 Campion Road
Map 62 Lot 89
Watershed Special Permit—Construction of New Single Family Residence
August S,2014
Department and Conservation Department (and other applicable departments)to discus scheduling
of inspections to be conducted on the project and the construction schedule.
e) Any new landscape area will be confined to that which is indicated on the Plan. The soil':should have
a minimum of 6 inches of topsoil and native vegetation should be planted.
5) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional ingineer in
Massachusetts that shows all construction, including storm water mitigation trenches 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,
landscaping, storm water management structures,and site layout substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.This as-built 151an shall be
submitted to the Town Planner for approval.
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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 r
egulations.
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 August 5, 2016(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: "Site Plan 107 Campion Road North Andover, Mass."
Prepared for: Dimitrios Saragas
16 Somerset Drive
Andover,MA 01810 `
Prepared by: Andover Consultants, Inc.
i East River Place
Methuen,MA 01844
Scale: 1"=40'
Date: March 3, 2014 revised,to July 9,2014
Sheets: 2
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Bk 14017 Pg59 ,#23782
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0 Campion Road(a/1Ja 107 Campion Road
Map 62 Lot 89
Watershed Special Permit—Construction of New Single Family Residence
August 5,2014
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Plan Titled: Landscape Plan 107 Campion Road North Andover,Mass.
Prepared by: Andover Consultants,Inc.
1 East River Place
Methuen,MA 01844
Scale: 1"=40'
Date June 9, 2014,revised to July 30,2014
Sheets: t
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant j
Engineer j
File j
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