Loading...
HomeMy WebLinkAbout2013-12-03 Planning Board Supplemental Materials (24) NORTH Town of North Andover ° : A Office of the Planning Department ° Community Development and Services Division yq c ^fro 1600 Osgood Street SSACHUS 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: 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: 120 Campion Road,North Andover,Massachusetts,01845. Assessor's Map 62,Parcel 86 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.6& 10.3. So as to allow 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. After a Public Hearing given on the above date, upon a motion made by X and seconded by X, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District. The vote was X-0 in favor of the application. Planning Board John Simons Richard Rowen Michael Colantoni Lora McSherry Dave Kellogg 120 Campion Road,Map 62 Lot 86 Watershed Special Permit—Construction of a 3-car Garage and Driveway Extension December 3,2013 The public hearing on the above referenced application was opened on November 19, 2013 closed by the North Andover Planning Board on December 3, 2013. On December 3, 2013, upon a motion made by X and seconded by X, 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 will not be any significant degradation of the quality or quantity of water in or 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 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 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 the existing roof area will also be routed to the drywall for recharge. iii) The creation of a net increase in impervious surface on the lot will not be allowed. This restriction will be noted in the deed. 2 120 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 1. 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. 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. 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. 3 120 Campion Road,Map 62 Lot 86 Watershed Special Permit—Construction of a 3-car Garage and Driveway Extension December 3,2013 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. 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. iii. There will be no net increase in impervious surface created on the lot. iv. Metal roofing elements shall 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) hour 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. 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. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4 120 Campion Road,Map 62 Lot 86 Watershed Special Permit—Construction of a 3-car Garage and Driveway Extension December 3,2013 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 5