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HomeMy WebLinkAboutUntitled (4) • , I 3? ,• r . ., oL Town of North Andover . p Office of the Planning Department , ,,�, r.,. r _, �o ,: * Community Development and Services Division f t 36 4�ssAcuus t 1600 Osgood Street North Andover,Massachusetts 01845 f NOTICE OF DECISION t Watershed Special Permit This is to certify that twenty(20)days have elapsed from date of decision,filed Any appeal shall be filed without filing of an appeal. within (20) days after the Date�radshaw l-1 iao 1 q- Y Bradshaw date of filing this notice in Town Clerk the office of the Town Clerk. Date: August 5,2014 i Date of Hearings: June 17, 2014,July 15, 2014, August 5, 2014 Date of Decision: August 5,2014 q.; Petition of: Dimitrios Saragas, 16 Somerset Drive,Andover,MA 01810 Premises Affected: 0 Campion Road (a/k/a 107 Campion Road), North Andover, Massachusetts, i 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 North Andover Zoning Bylaw, Sections 4.136.3.c.ii.1,2,3, 5& 10.3. k' So as to allow the construction of a 3,330 sq. ft. single family dwelling unit, driveways, installation of is 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 f District. 1 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 x amended and based upon the following conditions.Vote was 4-0 in favor of the application. t` in/74f')63 Z/1-1,..------ ° Planning Board Michael Colantoni Lynne Rudnicki Lora McSherry Dave Kellogg t t MUST: A True Copy Town Clerk E • 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 wetland 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 North 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 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. t` 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 Planning Board bases this finding on the following facts: a) 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. 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 would involve substantial hardship, financial or otherwise. 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 measures 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 2 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, 2014 and a revised plan and revised rain garden calculations dated July 9, 2014. Further, 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: i) 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 3' 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. 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. All future property owners will maintain the rain gardens and will not re-grade or otherwise alter their functionality as stormwater management structures. These restrictions will be noted 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. 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: 3 • 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 1)Permit Definitions: 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. b) The"Plans"refer to the plans prepared by Andover Consultants, Inc., dated March 3, 2014 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 4; 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 Dimitrios 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, 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 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) All future property owners will maintain the rain gardens and will not re-grade or otherwise alter their functionality as stormwater management structures. b) 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) 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. b) The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction 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. 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 4 0 Campion Road(a/k/a 107 Campion Road . Map62Lot89 Watershed Special Permit—Construction of New Single Family Residence August 5,2014 Department and Conservation Department (and other applicable departments) to discuss 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 Engineer 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 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. 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. 1 East River Place Methuen, MA 01844 Scale: 1"=40' Date: March 3, 2014 revised,to July 9, 2014 Sheets: 2 5 { 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 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: 1 cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 6 t i 1 t p10RTH 1.1 [E © g Q V 1E Z. ° 7 MAR 19 2014 .1 . * . 47.., HUS :C,c, BOARD OF APPEALS CONSERVATION DEPARTMENT Community Development Division MEMORANDUM DATE: March 18, 2014 TO: Zoning Board of Appeals Albert Manzi III, Chairman FROM: Jennifer Hughes, Conservation Administrator CC: North Andover Conservation Commission(NACC) Louis Napoli, Chairman SUBJECT: 107 Campion Road/Lot 89 t i E z On February 12,2014,the North Andover Conservation Commission(NACC)voted to issue a f Positive Determination of Applicability confirming that an isolated vegetated wetland(IVW) t t delineated on Lot 89 Campion Road is jurisdictional under the North Andover Wetlands Bylaw 1 (Chapter 178).The applicant will need to file a Notice of Intent(NOI)with the NACC if work on the lot is proposed. The IVW is not subject to jurisdiction under the Massachusetts Wetland Protection I Act(WPA). At the time of the determination,the meeting minutes reflect that the NACC recognized that the isolated wetland area formed under unusual circumstances and did not exist on the lot during the original permitting of the subdivision.The isolated wetland likely formed above the impervious t' material that was deposited on the lot when it was used for construction staging,preventing water from infiltrating. The isolated area has limited functions and values.Those functions and values could likely be replicated elsewhere on the lot to better protect the water supply and provide better wildlife t habitat. Before filing an NOI,the applicant must file for a Watershed Special Permit which will first require a variance from the ZBA. If you have any questions regarding the process that the Commission appears to have initiated,please let me know. i 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com 1 i Site Description Lot#12 Campion Road North Andover,Massachusetts Introduction Wetlands Preservation, Inc. (WPI)is submitting this Site Description in support of a Request for a Determination of Applicability for Lot#12 on Campion Road in North Andover,MA. This lot is the last parcel in the Campion Road subdivision to be developed and appears to have been the storage/laydown yard for the construction of the subdivision. The lot was not considered a wetland during subdivision permitting and has well developed upland soils overlain by a silty fill material.This fill material had been spread throughout much of the lot and has subsequently become compacted presumably by construction vehicles. This compaction and silt content of the fill material has resulted in the development of surface soil conditions typically indicative of hydric soils and subsequently the development of hydrophytic vegetation in a portion of the lot. It is our contention that the area in question should not be considered a jurisdictional wetland under either the Massachusetts Wetlands Protection Act(MWPA)or the North Andover Wetlands Protection Bylaw (NAWPB)as it is isolated,was anthropogenically created with clearly undisturbed upland soils underlying it,does not provide those wetland functions that would lead to the protection of the down gradient Lake Cochichewick,North Andover's drinking water reservoir or other functions typically associated with functioning wetland areas. Existing Conditions The lot is depicted on the South Groveland quadrangle of the United States Geological Survey(USGS) f topographic map(Attachment 1). The lot is bound by Campion Road to the east and residential properties to the north, south and west. It is located within the watershed of Lake Cochichewick. The lot is currently vegetated primarily with crab apple(Malus coronaria)saplings though black locust (Robinia psuedoacacia),white ash(Fraxinus americana)and red maple(Acer rubrum)trees are present. Shrub species include the invasive species multiflora rose(Rosa multi/lora),Tatarian honeysuckle(Lonicera tatarica)and autumn olive(Eleangus umbellata). The site is depicted on the Natural Resources Conservation Service(NRCS) Soil Survey, Essex County, Massachusetts(Attachment 2). According to the soil survey,the site is underlain by Sutton fine sandy loams with slopes ranging from 3 to 15 percent. This soil is ranked as a moderately well drained, upland soil by the NRCS. The site is depicted on the Natural Heritage Atlas(13t Edition), South Groveland Quadrangle published by the Massachusetts Natural Heritage and Endangered Species Program(NHESP). Based on a review of the Atlas,the property does not contain areas mapped as Priority Habitat of Rare Species(Attachment 3). The site is not mapped by the Federal Emergency Management Agency(FEMA)Flood Insurance Rate Maps(FIRM)as an area of flooding,Community Panels 25009CO229F and 25009CO228F(Attachment 4). Ey; Conclusion ' As previously stated, it is our opinion that the area in question should not be considered a jurisdictional wetland under the MWPA and the NAWPB for the reason that it does not function as a wetland and is a result of fill deposition during subdivision construction. The anthropogenic nature of this area does not allow the wetland to infiltrate water into the underlying substrate and acceptance of this position will allow construction of a house and associated infiltration system that will act to reduce sediment load and potential toxicant release into Lake Cochichewick, infiltrate stormwater thus retain added water within the watershed and attenuate the flooding issue of down gradient neighbors. The applicant is proposing to provide the NACC with site plans documenting the proposed work including the installation of erosion control barriers and the infiltration of stormwater from the house on the site(i.e. dry wells for roof runoff) and will provide as-built plans documenting the final constructed condition on the lot. Yi ii