HomeMy WebLinkAboutOCTOBER LANE TRUST Town of North Andover NORTH
OFFICE OF ? '" ° '',4 c
COMMUNITY DEVELOPMENT AND SERVIIAE BRAD
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TOWN CLE •
27 Charles Street NORTH AN00 s= • '
North Andover, Massachusetts 01845 oe'
WILLIAM J.SCOTT S3ACHU �
Director - 1000 APR 2 A 9.
(978)688-953' NOTICE OF DECISION Fax (978)688-5542
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the Office of the Town
Clerk.
Date: April 19,2000
Date of Hearing: April 18, 2000
Petition of Victor Hatem,Trustee of the October Lane Trust
Premises affected 475 Dale Street
Referring to the above petition for a Subdivision from the requirements of the
Zoning Bylaws Section 4.133 and 10.3
so as to allow_ for the construction of a single family residence in the Watershed Protection
District
After a public hearing given on the above date,the Planning Board voted
to RE-ISSUE THE DENIAL OF the Special Permit
REASON: Parties of Interest were not orooerly notified of orihinaI dsdaLum—
manimd under MGL Chanter 40A•
based upon the following conditions:
Signed
CC: Director of Public Works Alison Lescarheau.Chairman
Building Inspector
Natural Resource/Land Use Planner John Sims,Vice Chairman
Health Sanitarian
Assessors Alberto Angles,Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Richard S.Rowen
Towns Outside Consultant
File William Cunningham
Interested Parties Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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11/23/99
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use;
The Board finds that adequate and appropriate facilities have not been provided for the proper operation of
the proposed use. Sufficient information has not been provided demonstrating that the operation of the proposed
use will properly protect the Watershed,due to the fact that there are tributaries on both sides of the proposed
construction and that the proposed erosion control and limit of work are in such close proximity to the 25'no cut
buffer zone. Given the relatively limited upland on the lot,there is no assurance that future activities on the site
(e.g.lawns,disposal of clippings,ancillary structures,etc.)would not encroach on the 25'buffer zone.
5. The Special Permit Gmntmg Authority shall not grant any Special Permit unless they make a specific finding
that the use is in harmony with the general purpose and intent of this bylaw.
The Watershed Protection District was specifically established to protect the quality of North Andover's water
supply. The Planning Board finds that the use is not in harmony with the general purpose and intern of the
North Andover Zoning Bylaw as all feasible steps to protect the Watershed have not been taken.
CONCLUSION:
The Planning Board finds that this project does not meet the above referenced conditions therefore the
Board herein denies this request for a special permit.
The following plan shall be deemed a part of this decision:
a) Plan titled: Site Plan of Land in North Andover,MA
Drawn for Attorney Peter Hatem
127 Turnpike Street
North Andover,Massachusetts 01845
Prepared by. Merrimack Engineering Services,Inc.
66 Park Street
Andover,MA 01880
Scale: 1"=20'
Date: June 29, 1999
Sheet: 1 of 1
2
11/23/99
475 Dale Street
Special Permit-Watershed Protection District
The Planning Board makes the fallowing findings regarding the application of Vidor L. Hatem, Trustee of the
October Lane Trust, 127 Turnpike Street,North Andover, MA 01842, December 4, 1998, requesting a Special
Permit under Section 4.133 and 10.3 ofthe Zoning By-Law in effect on December 26, 1984 to construct a single
family residence in the Watershed Protection District:
FINDINGS OF FACT:
In accordance with Section 10.31 of the Zcning-Bylaw in effect on 12/26/84,the Planning Board as the Special
Permit Granting Authority shall not approve any application for a Special Permit unless it finds that in its
judgment all of the following conditions are met::
1. The specific site is an appropriate location for such a use,structure or condition;
The Board finds that this specific site is not an appropriate location for the construction of a single family home
and driveway as the home is located 49' from the edge of a tributary as defined in the 1984 Zoning Bylaw.
There is also a tributary on the adjacent side of the proposed home located approximately 50' from the proposed
home. The subdivision decision dated December 16, 1985 for Coveary Estates,which is the subdivision within
this lot(lot 91) is located, states that"the portion of the subdivision fronting on Dale Street, specifically Lots 1
through 5 that is within 100 feet of the wetland tributary, may have restrictions imposed rendering these lots
unbuildable". [Condition 93] This note signifies that the lot is one of which the Planning Board had concerns
with back in 1985. And, in fad,this lot has the most substantial potential wetland impacts of all of the lots
mentioned.
2. The use will not adversely affect the neighborhood;
The Board fords that the use as developed will adversely affect the neighborhood. One of the primary sources
of elevated suspended solids,nutrient, and bacteria concentrations in the Lake is the erosion of soils in areas of
new construction. The ccns=ction proposed for this site is only 49'and approximately 50',respectively,firm
the edge of the tributary(which is a key resource recharge area for the Town's water supply);thus a sufficient
buffer has not been preserved to protect the tributary from the erosiaa of soil. The proposed site grading and
construction of the lawns are even closer to the tributary than the house constructo n,the closest point an each
side being approximately 31'and 27' from these tributaries. ft is dubious that this erosion control and limit of
work could be achieved without infimging upon the 25' no-cut buffer zone which is to be maiutanned from the
edge of all tributaries in the watershed, mandated by Section 4.133(3)c of the 1984 Town of North Andover
Zoning Bylaw.
3. There will beno nuisance or serious hazard to vehicles or pedestrians;
The Board fords that the construction of the single family home would not provide a nuisance or serious hazard to
vehicles or pedestrians;
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a.
11/23/99
475 Dale Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Victor L. Hatem, Trustee of the
October Lane Trust, 127 Tumpilce'Street,North Andover, MA 01842, December 4, 19981-requesting a Special
Permit under Section 4.133 and 10.3 of the Zoning By--Law in effect on December 26, 1984 to constrict a single
family residence in the Watershed Protection District.
FINDINGS OF FACT:
In accordance with Section 10.31 of the Zoning Bylaw in effect on 12/26/84,the Planning Board as the Special
Pen= Gmntmg Authority shall not approve any application far a Special Permit unless it finds that in its
judgment all of the following conditions are mot::
1. The specific site is an appropriate location for such a use,structure or condition;
The Board finds that this specific site is not an appropriate location for the construction of a single family home
and driveway as the home is located 49' fiiorn the edge of a tributary as defined in the 1984 Zoning Bylaw.
There is also a tributary on the adjacent side of the proposed home looted approximately 50' from the proposed
home. The subdivision decision dated December 16, 1985 for Coventry Estates,which is the subdivision within
this lot(lot 41) is located, states that"the portion of the subdivision frantmg an Dale Street, specifically Lots 1
through 5 that is within 100 feet of the wetland tributary, may have restrictions imposed rendering these lots
unbuildable". (Condition 93) This note signifies that the lot is one of which the Planning Board had concerns
with back in 1985. And, in fact,:this lot has the most substantial potential wetland impacts of all of the lots
mentioned. ,
2. The use will not adversely a$ect the neighborhood;
The Board finds that the use as developed will adversely affect the neighborhood. One of the primary sources
of elevated suspended solids,nutrient, and bacteria concentrations in the Lake is the erosion of soils in areas of
new censtructicn. The construction proposed for this site is only 49'and approximately 50',respectively,fiom
the edge of the tributary(which is a key resource recharge area for the Town's water supply);thus a sufficient
buffer has not been preserved to protect the tributary from the erosion of soil. The proposed site grading and
construction of the lawns are even closer to the tributary than the house construction,the closest point on each
sum being approximately 31' and 27' from these tributaries. It is dubious that this erosion control and limit of
work could be achieved without infiinging upon the 25' no-cut buffer zone which is to be mamitamed from the
edge of all tributaries in the watershed,mandated by Section 4.133(3)c of the 1984 Town of North Andover
Zoning Bylaw.
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
The Board finds that the construction of the single family home would not provide a nuisance or serious hazard to
vehicles or pedestrians;
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RECEIVED
JOYCE BRADSHAW
TOWN CLERK
NOTICE OF APPEAL NORTH ANDOVER
100 KAY 10 P 3: 48
Please take NOTICE,pursuant to M.G.L. c. 40A, §17,that the Applicant
for a Special Permit entitled Lot 1, 475 Dale Street,North Andover,
Massachusetts has taken an APPEAL to the Land Court of the Commonwealth of
Massachusetts of the action of the Planning Board dated November 16, 1999 and
recorded at the office of the Town Clerk on April 21, 2000. A copy of the
Complaint is given to the Town Clerk with this Notice.
VICTOR L. HATEM AS
TRUSTEE OF THE OCTOBER
LANE TRUST
Plaintiff,
By his Attorney,
Dated: May 10, 2000
ey Pe L. Hatem
Hatem and Mahoney LLP
127 Turnpike Street
North Andover, MA 01845
Phone: (978) 685--3368
Fax: (978)682-1712
BBO No. 551879
HAG2080\Notice of Appeal#2.doc
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RECEIVED
COMMONWEALTH OF MASSACHUSETTS JOYCE BRADSHAW
TOWN CLERK
ESSEX, SS. THE T#PATLEbWYER
LAND COURT T E
MISC.NO. 4$
L. HA
VICTOR TEM, as Trustee
of the October Lane Trust,
Plaintiff
V.
ALISON LESCARBEAU,JOHN SIMONS,
RICHARD S. ROWEN,RICHARD NARDELLA
ALBERTO ANGLES AND WILLIAM CUNNINGHAM,
as they constitute Planning Board of the Town of
North Andover and the Town of NORTH ANDOVER,
Defendants
COMPLAINT
Plaintiff,Victor L. Hatem, as Trustee of the October Lane Trust,hereby sues the
Defendants, Alison Lescarbeau,John Simons,Richard S.Rowen,Richard Nardella,Alberto
Angles and William Cunningham, as they constitute the Planning Board of the Town of North
Andover, and the Town of North Andover, and would state as grounds the following:
The Appeal
1. This is an appeal of a denial by the North Andover Planning Board of the
Plaintiff's 1998 application for a Special Permit under a 1984 Watershed District Zoning By-
Law relating to the building of a single-family residential dwelling.
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Jurisdiction
2. Jurisdiction over the subject matter of this action is conferred upon this Court by
M.G.L. c.23 IA, §1, et seq., M.G.L. c.240, §14A, M.G.L. c.249, §4, M.G.L. c.249, §5, M.G.L.
c.214 §1, M.G.L. c.185, §1, et seq. and M.G.L. c. 40A, §17.
The Parties
3. The Plaintiff, Victor L. Hatem, as the Trustee of the October Lane Trust, is the
Trustee of a Massachusetts Trust having a mailing address of 127 Turnpike Street,North
Andover, Massachusetts and was the Applicant for a Special Permit(hereinafter, the
"Applicant').
4. The Defendant,the Town of North Andover, is a Massachusetts Municipal
Corporation situated in Essex County.
5. The Defendants,Alison Lescarbeau, John Simons,Richard S. Rowen, , Richard
Nardella, Alberto Angles, and William Cunningham constitute the Planning Board of the Town
of North Andover(hereinafter,the"Planning Board").
6. The Defendant, Alison Lescarbeau, is a member and Chairman of the Planning
Board and resides at 68 Laconia Circle,North Andover,Massachusetts.
7. The Defendant,John.Simons, is a member of the Planning Board and resides at
25 Ironwood Road,North Andover,Massachusetts.
8. The Defendant, Richard S. Rowen, is a member of the Planning Board and
resides at 102 Bear Hill Road,North Andover,Massachusetts.
9. The Defendant,Richard Nardella, is a member of the Planning Board and resides
at 63 Haymeadow Street,North Andover,Massachusetts.
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10. The Defendant,Alberto Angles, is a member of the Planning Board and resides
at 561 Massachusetts Avenue,North Andover, Massachusetts.
11. The Defendant, William Cunningham, is a member of the Planning Board and
resides at 102 Sugarcane Lane,North Andover,Massachusetts.
Procedural History
Subdivision History
12. The land upon which is the subject of this appeal is known as Lot 1, Coventry
subdivision, and is numbered 475 Dale Street in North Andover,Massachusetts (hereinafter"Lot
13. Lot 1 was created in 1985 as part of the"Coventry"subdivision.
14. A preliminary subdivision plan was filed in May, 1985. The definitive subdivision
plan was approved by the Planning Board on December 16, 1985.
15. The Planning Board endorsed the plan on March 24, 1986.
Conservation Commission History from 1989 to 1991
16. In late 1989 the Applicant met with the North Andover Conservation Commission
to discuss the possibility of a construction of a single family home on Lot 1.
17. This earlier application to the Conservation Commission contemplated a house
with a footprint of seventy(70) feet wide by thirty-four(34) feet deep. The house was oriented
across the lot, reaching toward each of the wetlands.
18. After discussions with the Commission,nothing was filed with the Commission.
Planning Board and Conservation Commission History from 1991 to 1996
19. In January, 1991,the Applicant submitted an Application for Special Permit to
the Town of North Andover Planning Board.
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20. Contemporaneously, the Applicant submitted a Notice of Intent to the Town of
North Andover Conservation Commission.
21. Both plans proposed a house much closer to Dale Street,much smaller than the
earlier proposal, and oriented to the depth of the lot, away from the wetlands,rather than to the
width of the lot, towards the wetlands.
22. In March, 1991, the North Andover Conservation Commission issued an Order of
Conditions which effectively rendered the house unbuildable.
23. The Applicant appealed under M.G.L., Chapter 231A, Section 1, et seq., for
Declaratory Judgment and under M.G.L., Chapter 249, Section 4 for the determination of the
appropriateness of the Order of Conditions to the Superior Court in Essex County.
24. In addition to that appeal, on March 21, 1991 the Applicant appealed to the
Massachusetts Department of Environmental Protection(MaDEP)the order of the North
Andover Conservation Commission under the Massachusetts Wetlands Protection Act, M.G.L.
c.131, s.40.
25. On June 14, 1991, the MaDEP issued a Superseding Order of Conditions
effectively allowing him to build the house that he wants to on Lot 1.
26. 10. On June 20, 1991, the North Andover Conservation Commission appealed the
Superseding Order of Conditions to an adjudicatory hearing at the MaDEP.
27. The property was subject of litigation with the North Andover Conservation
Commission which began in May, 1991.
28. At the request of the Planning Board of the Town of North Andover,the
Applicant withdrew its Application for Special Permit on October 30, 1991,while the litigation
with the Conservation Commission was pending.
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29. This litigation concluded in Essex Superior Court in May, 1995 and resulted in an
approved plan by the North Andover Conservation Commission on June 7, 1995.
30. In November, 1995, the Applicant filed a new Application for Special Permit with
the Town of North Andover Planning Board.
31. Since the Conservation Commission's appeal of a Superseding Order of
Conditions issued by the MaDEP was still pending,the Applicant withdrew his Application
from the North Andover Planning Board on March 5, 1996, at the Planning Board's request.
32. The Conservation Commission's appeal of a Superseding Order of Conditions
issued by the MaDEP was resolved in favor of the applicant on June 25, 1996 with a Final
Decision.
The Current Action
33. On December 4, 1998, the Applicant filed a new Application for Special Permit to
construct a single-family house in the Watershed Protection District. A copy of the Application
is attached as Exhibit"A".
34. The Applicant filed the Application under the 1984 Zoning Bylaw because the
eight-year zoning freeze provided by MGL c. 40A §6, and MGL cAl §81Q,is extended by the
period of any litigation involving the right to develop the property.
35. Lot 1 is subject to the provisions of the zoning bylaw in effect when the
preliminary subdivision plan was submitted, December 26, 1984.
36. Lot 1 complies with the Zoning Regulations in that it has greater than 43,560 ft'of
lot area and 150 feet of street frontage and the proposed house has setbacks of greater than 30
feet on all sides.
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37. No Floor Area Ratio or Lot Coverage Maximum limits apply to Lot 1.
38. Lot 1 is in an"R-2"Residential Zone as defined in the North Andover Zoning
Ordinance.
39. Under the zoning bylaw in effect in 1984, no construction is to take place within
one hundred (100) feet horizontally from the edge of tributaries of Lake Cochichewick except by
special permit.
40. The current plan met the conditions for a Special Permit listed in Section 10.3 1,
par. 1, Items a. through e., of the 1984 Zoning Bylaw.
41. Specifically, the single-family home proposed for the site is:
a. An appropriate location for the residential use proposed;
b. Will not adversely affect the neighborhood;
c. Will not be a nuisance or serious hazard to vehicles or pedestrians; and
d. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use,viz.,the dwelling will be connected to town water and sewer; and
e. The proposed single-family dwelling is in harmony with the general purpose and
intent of the bylaw.
42. Submitted with the application was a Water Quality and Quantity Evaluation
report from William R. Arcieri, Senior Water Quality Scientist of Normandeau Associates.
43. His report concluded in the report that there will not be "...any adverse effect on
the water quality of Lake Cochichewick as a result of the finished project" and is attached as
Exhibit"B"
44. The primary water quality concerns associated with this project relate to nutrients,
particularly phosphorus and nitrogen,potentially contributed from various sources.
45. Mr. Arcieri's report contained a detailed explanation of how each of these added
nutrients will be handled.
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46. In addition, the Town of North Andover had John C. Chessia, P.E. review this plan
and commented that Mr. Arcieri's "...analysis presented appear reasonable for the individual
site, except as noted below."
47. The Applicant agreed to accept as conditions of approval all terms suggested by
the Town's engineer,Mr. Chessia in his letter,which is attached as Exhibit"C".
48. Specifically,the Applicant engaged a Soil Evaluator to do a soil test to determine
the suitability of the soils to allow recharge to occur, and to establish the seasonal high water
table.
49. Further, the Applicant had his engineer prepare a leaching chamber design which
will allow the storm water to recharge into the ground after it is collected from the gutters on the
house.
50. Further,under the North Andover Conservation Commission's Order of
Conditions, soil erosion measures, including the required hay bale/silt fence barrier should be
more than adequate, given the reduced amount of disturbed area.
51. The current proposal--which has been approved by the Conservation Commission
--is for a structure with far less impact. It calls for a footprint only thirty-two (32) feet wide by
fifty-nine (59) feet deep.
52. Other lots in Coventry have obtained special permits for the construction of single
family homes within one hundred (100) feet of a lake tributary. [See special permits granted for
Lots 2A and Lot 3A]
53. Moreover, at least twenty-six(26) special permits for construction of single family
dwellings within 100 feet of a tributary of Lake Cochichewick or a wetland in the Watershed
7
Protection District have been granted by the Planning Board from 1982 to the present, many
substantially closer to the lake or a major tributary.
54. In accordance with the provisions of M.G. L. c.40A, §1, et seq., the Planning
Board caused to be published in the North Andover Citizen, a newspaper having general
circulation in the Town of North Andover, a Notice of Public Hearing on the application of the
October Lane Trust to be held at the Department of Public Works building in North Andover,
Massachusetts.
55. On September 7, 1999,the Planning Board held a public hearing on the
Application for the Special Permit relating to the construction of a single family residential
structure within one hundred feet from the Cochichwick Lake, Cochichewick.
56. At that meeting, the Planning Board suggested that Curt Young of Wetlands
Preservation prepare a report, a second opinion, as to the Applicant's Proposal.
57. At the Planning Board's request, the Applicant hired and paid for Mr. Young to
do a second(third, counting the Applicant's report)report for the Town.
58. The public hearing was continued until October 5, 1999,in order to give Mr.
Young time to prepare his report.
59. The meeting was further continued to October 19, 1999, so that Mr.Young could
complete his report.
60. The report was finished is attached to this Complaint as Exhibit"D".
61. On or about November 8, 1999, the Planning Director prepared a draft decision
approving the Application for Special Permit incorporating the comments of the members of the
Board, the reports of three engineers concerning the proposed plan(two of whom were hired at
the Town's request) and the evidence as presented at the public hearings.
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62. The public hearing was closed on November 16, 1999.
63. On November 16, 1999, the Planning Board voted to deny this special permit.
64. On April 21, 2000 the Planning Board filed its decision with the North Andover
Town Clerk. A certified copy of that decision is attached hereto as Exhibit`B".
65. The decision exceeds the authority of the special permit granting authority.
66. The decision is arbitrary.
67. The decision is unreasonable.
68. The grounds and findings in the decision were mere pretexts for arbitrary action or
veils for reasons not related to the purposes of the zoning law.
Prayer for Relief
WHEREFORE,the Plaintiff prays that the Court will:
(A) hear all evidence pertinent to the facts,
(B) upon the facts so determined, annul such decision;
(C) issue a decision which grants the Special Permit; and
(D) make such other decree as justice and equity may require.
VICTOR L. HATEM AS
TRUSTEE OF THE OCTOBER
LANE TRUST
Plaintiff,
9
By his Attorney,
Dated: May 10, 2000
eter L. Hatem
Hatem and Mahoney LLP
127 Turnpike Street
North Andover, MA 01845
Phone: (978) 685-3368
Fax: (978)682-1712
BBO No. 551879
HAG2080\Complaint#3.doc
10
Town of North Andover Planning BoardDRTT'A DO c
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Please type or print dearly.
I. Petitioner: Victor L. Hatem, as Trustee of the October Lane Trust
Address: 127 Turnpike Street, North Andvoer, MA 01845-5032
Telephone number: (978) 685-3368
2. Owners of the Land: Victor L. Hatem, as Trustee of the October Lane Trust
Address: 127 Turnpike Street, North Andover, MA 01845-5
Telephone number (978) 685-3368
Number of years of ownership: eight and one-half
If applicant is not the owner,p!Pase state interest in property: not applicable
4.133 and
3. Request for a Special Permit under Section 10.3 of the North Andover Zoning
Bylaw in effect on December 26, 1984 to construct a single-family
residence in the Watershed Protection District.
4. Location of Property: 475 Dale Street
Zoning District: R-2
Assessors: Map: 0640 Block- 0147
Registry of De--ds:- Book m:: 2890 page T:: 0042
5. Existing Lot:
Lot Area(Sq.Ft.): 43,874 Building Height:
Street Frontase: 150 feet Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot.CoveraQe:
i. Proposed Lot (if applicable):
Lot Area (Sq.Ft.): Building Height:
Street Frontage: Side Setbacks: W-67'/E-451
Front Setback: 45 feet Rear Setback: >140'
Floor Area Ratio: 0.47:1 Lot Coverage: 5.010
EXHIBIT A
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7. Required Lot (as required by Zoning Bylaw).-
Lot
ylaw);Lot Area(Sq.Ft.): 43560 ft2 Building Height: 35 ft
Street Frontage: 150 ft Side Setbacks: 30 ft
Front Setback: 30 ft Rear Setback: 30 ft
Floor Area Ratio: N/A Lot Coverage: N/A
8. Existing Building(if applicable): not applicable
Ground Floor(Sq. Ft.): _. #of.Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
9. Proposed Building:
Ground Floor(Sq. Ft.):. 1139 ft.2 #of Floors: 2
Total Sq. Ft.: 2087 ft. Height:
Use: single family residence Type of Construction: wood frame
10. Has there been a prev'ous application for a Special Permit from the Planning Board on
these premises? yes Ii so, when and for what type of construction?
1991 (withdrawn at Board's request); 1995 (withdrawn at Board's request)
11. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form
of the Planning Board. Every application shall be filed with the Town Clerk's Office. It
shall be the responsibility of the petitioner to fimlish all supporting documentation with
this application. The dated copy of this application received by the Town Clerk or
Planning Office does not absolve the applicant from this responsibility. The petitioner
shall be responsible for all expenses for filing and legal notification. Failure to comply
with application requirements, as cited herein and in the Planning Board Rules and
regulations may result in a dismissal by the Planning Board of this application as
incomplete.
Petitioner's Signature: -- �
Print or type name here: Victor L. Hatem, as Trustee of the October Lane Trust
Owner's Signature: wi
Print or type name here: victor L. Hatem, as Trustee of the October Lane Trust
* in effect on December 26, 1984
Memorandum in Support of Application For Special Permit
of Victor L.Hatem,Trustee of the October Lane Trust
This lot was created in 1985 as part of the Coventry subdivision. A preliminary
subdivision plan was filed in May, 1985. The definitive subdivision plan was approved by the
Planning Board on December 16, 1985. The Planning Board endorsed the plan on March 24,
1986.
The property was subject of litigation with the North Andover Conservation Commission
which began in May, 1991.The litigation concluded in Essex Superior Court in May, 1995. The
Conservation Commission's appeal of a Superseding Order of Conditions issued by the
Department of Environmental Protection(DEP) is pending,but the issue is expected to be
resolved along the same terms as that of the Superior Court litigation.
The lot is subject to the provisions of the zoning bylaw in effect when the preliminary
subdivision plan was submitted. The eight-year zoning freeze provided by MGL c. 40A s. 6, and
MGL cA l s. 81 Q, is extended by the period of any litigation involving the right to develop the
property. The lot complies with the Zoning Regulations in that it has greater than 43,560 if of
lot area and 150 feet of street frontage and the proposed house has setbacks of greater than 30
feet on all sides. No Floor Area Ration nor Lot Coverage Maximum limits apply to this lot. The
lot is in an"R-2"Residential Zone.
Under the zoning bylaw in effect in 1984, no construction is to take place within one
hundred (100) feet horizontally from the edge of tributaries of Lake Cochichewick except by
special permit.
The applicant believes that the current plan meets the conditions for a special permit
listed in Section 10.3 1, par. 1, Items a. through e.,of the 1984 bylaw. Specifically,the single-
family home proposed for the site is:
a. An appropriate location for the residential use proposed;
b. Will not adversely affect the neighborhood;
c. Will not be a nuisance or serious hazard to vehicles or pedestrians.
Further,
d. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use, viz., the dwelling will be connected to town water and sewer; and
e. The proposed single-family dwelling is in harmony with the general purpose and intent
of the bylaw.
Enclosed with this application is a Water Quality and Quantity Evaluation report from
William R. Arcieri, Senior Water Quality Scientist of Normandeau Associates. He concludes in
the report that there will not be"...any adverse effect on the water quality of Lake
Cochichewick as a result of the finished project."
The primary water quality concerns associated with this project relate to nutrients,
particularly phosphorus and nitrogen,potentially contributed from various sources. Mr. Arcieri's
report contains a detailed explanation of how each of these added nutrients will be handled.
In addition,the Town of North Andover had John C. Chessia,P.E.review this plan and
commented that Mr. Arcieri's "...analysis presented appear reasonable for the individual site,
except as noted below." The applicant will accept as conditions of approval all terms suggested
by Mr. Chessia in his letter,which is attached for the convenience of the Board.
Specifically,the Applicant will engage a Soil Evaluator to do a soil test to determine the
suitability of the soils to allow recharge to occur, and to establish the seasonal high water table.
Further, the Applicant is willing to have his engineer prepare a leaching chamber design which
will allow the storm water to recharge into the ground after it is collected from the gutters on the
house. Please advise me in writing by fax [(978)682-17121 as soon as possible if the Board
wishes this information prior to its meeting on January 5, 1999.
Further, under the North Andover Conservation Commission's Order of Conditions,soil
erosion measures, including the required hay bale/silt fence barrier should be more than
adequate, given the reduced amount of disturbed area.
An earlier application to the Planning Board for a special permit contemplated a house
with a footprint, seventy(70) feet wide by thirty-four(34) feet deep. The house was oriented
across the lot, reaching toward each of the wetlands.
The current proposal--which has been approved by the Conservation Commission--is for
a structure with far less impact. It calls for a footprint only thirty-two(32) feet wide by fifty-nine
(59) feet deep.
Other lots in Coventry have obtained special permits for the construction of single family
homes within one hundred(100) feet of a lake tributary. [See special permits granted for Lots
2A and Lot 3A]
Moreover, at least twenty-six(26) special permits for construction of single family
dwellings within 100 feet of a tributary of Lake Cochichewick or a wetland in the'Watershed
Protection District have been granted by the Planning Board from 1982 to the present,many
substantially closer to the lake or a major tributary.
HAG2080\Principle Points.doc
Normandeau Associates NORMANDEAUA 'OCIATES
25 Nashua Road
Bedford, NH 03110-5500 _
(603)472-5191
(603)4 72-7052(Fax)
July 20, 1995
Atty. Peter Hatem
127 Turnpike Street
North Andover, MA 01845
RE: Lake Cochichewick Watershed Protection District;
Proposed Lot Development at Lot #1, Dale Street
Water Quanity and Quality Evaluation
Dear Atty. Hatem,
This letter report represents a Water Quality and Quantity
Evaluation associated with the above-referenced project consistent
with the Special Permit requirements for proposed developments
within the Town's Watershed Protection District. The purpose of
this Evaluation was to assess whether the proposed project would
have a significant negative effect on the water quality of Lake
Cochichewick. In performing this evaluation, Normandeau Associates
reviewed the proposed site plan(dated April 12, 1995) , conducted a
site visit, reviewed the Order of Conditions prepared by the North
Andover Conservation Commission(NACC) as well as the revised
Watershed Protection Bylaw(Oct. 24, 1994) and the Lake Cochichewick
Watershed Plan(IEP, 1987) .
The proposed project consists of constructing a residential
dwelling on a one acre lot located on Dale Street which is in the
upper headwaters of the Batell 's Brook subwatershed. The site is
about 1.3 miles from Lake Cochichewick as the stream flows. Runoff
generated within the property drains into bordering vegetated
wetland along the eastern and western edges of the property which
outlet into a large wetland area on the other side of Dale Street
and then eventually into Batell's Brook. Soils onsite in the upland
areas have been mapped as part of the Canton-Charlton complex which
are described as a well-drained soils with relatively low runoff
potential (SCS, 1981) . The backside or southerly edge of the
property essentially coincides with the major drainage divide
between the Lake Cochichewick and the Fish River watersheds.
The Batell 's Brook subwatershed consists of 368 acres which
make up 13 . 4 percent of the total watershed to the Lake (IEP.
1987) . At the time the Watershed Plan was developed, the principal
land uses within the subwatershed consist of forested, residential,
and pasture areas which comprise roughly 47, 26 and 14 percent of
the subwatershed area, respectively. Without accounting for any
additional residential development that occurred in recent years,
the proposed project, using the entire lot area, would add about
1. 0 percent to the total residential area within the subwatershed.
Corporate/Northeast RMC Environmental Services Southeast and California
Bedford, NH Middleboro, MA Spring City, PA New Ellenton, SC
Hampton, NH Peekskill, NY Drumore, PA Greenville,SC
Yarmouth, ME Lakewood, NJ Brattleboro, VT Richmond, CA r
A division of Thermo Process Systems Inc..a Thermo Electron company
NORMANDEAUA. ,OCIATES
page 2
As shown on the site plan, only about 15 percent of the lot
area or 6, 500 sf will be disturbed to accomodate the structure
footprint(1, 613 sf) , paved driveway(1,200 sf) and associated
grading. The house will be connected to the municipal sewer system
through a new force main that will be installed along the north
side of the Dale Street right of way and will tie into the existing
sewer main several hundred feet east of the site.
The primary water quality concerns associated with this
project relate to the added nutrients, particularly phosphorus and
nitrogen, potentially contributed from various sources. Phosphorus
is of concern because of its effect on the eutrophication process
in the Lake. Nitrogen, in the form of nitrate-nitrogen, can be of
concern if drinking water contains levels above 10 mg/l. Since a
septic system is not required with this home development, one
principal source of nutrients has been eliminated. The remaining
sources relate to the potential nutrient contributions from lawn
fertilizer and suil erosion.
Based on water quality sampling results presented in the
Watershed Plan, the annual phosphorus inputs from the Batell's
Brook watershed is estimated to be 103 pounds(lbs) or about 8
percent of the total load to the Lake. Based on literature values,
contributions from residential areas are expected to range between
0. 31 and 0. 54 lbs/acre(IEP, 1987) . Using an average loading rate
of 0.4 lbs/ac/yr, the phosphorus load from this site would amount
to about 0. 4 percent of the total phosphorous contribution from the
Batell's Brook watershed and 0.03 percent for the entire Lake
watershed. Given the minimal site disturbance, discussed above,
and the lack of septic system inputs, loading from this particular
site would be expected to be considerably lower and would have
negligible impact on the Lake particularly with respect to the
existing residential areas within the watershed.
With respect to nitrogen, the point of concern is not so much
the lake but at the property boundary where groundwater recharged
onsite may enter a well used by an adjacent landowner. The NACC
Order of Conditions requires that only low nitrogen content
fertilizer(i.e. , generally considered to be less than 20 %) can be
used. The nitrogen content in commercially-available lawn
fertilizers generally ranges between 5 and 35 percent depending on
the manufacturer and type of material. As an example, the SCOTTS TM
Turf Builder generally contains 32 percent nitrogen with a
prescribed application rate of about 16 pounds per 5000 sf of lawn
twice a year (Spring and Fall) .
NORMANDEAU ASSOCIATES
page 3
For purposes of estimating a worst-case, nitrate-nitrogen
concentration at the property boundary on a average annual basis,
it was assumed that fertilizer with 35% nitrogen content was
applied four times a year at 16 lbs per 5000 sf.. (As discussed
earlier, given the site plan layout only about 3700 sf would be
available for lawn area after discounting for the driveway and
building area) . This translates into a total application of 22.4
lbs of N per year. Most of the applied nitrogen would be utilized
by the vegetation or bound up in the soil. Previous studies have
documented minimal nitrogen losses to groundwater from turfgrass
fertilizer applications(Starr and DeRoo, 1981; Morton et al. ,
1988) . A study conducted at the University of Rhode Island found
that only 13% of the applied N was lost to the groundwater at an
application rate of 28.5 lbs/ac/yr and under overwatering
conditons (Morton et al. , 1988) . Again, to provide a conservative
analysis, 50 percent or 11.2 lbs of the applied N is assumed to
enter the groundwater.
To determine an appropriate dilution volume, it was assumed
that 50 percent of the annual precipitation(i.e. , 43 .0 inches)
evaporates or is transpired by vegetation, leaving 21.5 inches to
infiltrate into the groundwater or travel as runoff. The soil in
this area has been mapped as the Canton-Charlton complex, which
consists of well drained soil with relatively low runoff potential
(SCS, 1981) . At a minimum, about 50 percent or 10.75 inches of the
available water would be expected to infiltrate into the
groundwater. Additional recharge from watering is not included.
As a result, given the assumed loss of applied N and the
estimated groundwater recharge onsite, an average annual nitrate-N
concentration at the property boundary is estimated to be 4.6 mg/1.
This concentration based on worst-case assumptions is well below
the drinking water standard of 10 mg/l. In reality, with a low
nitrogen content fertilizer, as required, a normal application rate
of twice a year and a realistic assumption of plant uptake, the
nitrogen concentrations in groundwater are likely to be a fraction
of the above value that is based on conservative assumptions.
In summary, given the size of the proposed development, its
location within the watershed, the minimal amount of lot
disturbance as presented on the site plan and the results of the
nutrient loading analyses discussed above, I would not anticipate
any adverse effect on the water quality of Lake Cochichewick as a
result of the proposed project. With respect to soil erosion
measures, I find that the proposed hay bale/silt fence barrier
should be more than adequate given the amount of disturbed area
proposed, provided the barrier is installed properly and maintained
until vegetation is re-established.
r '
NORMANDFAU ASSOCIATES
page 4
REFERENCES
IEP, Inc. 1987 . Lake Cochichewick Watershed Plan. Final Report.
North Andover, Massachusetts.
Morton, T.G. , A.J. Gold, W.M Sullivan. 1988. Influence of
Overwatering and Fertilization on Nitrogen Losses from Home
Lawns. Journal of Environmental Quality, Vol. 17, No. 1.
Starr, J.L. and H.C. DeRoo. 1981. The Fate of Nitrogen Fertilizer
Apllied to Turfgrass. Crop Science, Vol. 21.
U.S. Soil Conservation Service. 1981. Soil Survey of Essex County,
Massachusetts, Northern Part.
If you have any questions, please do not hesitate to call me.
Sincerely,
NORMANDEAU ASSOCIATES
William R. Arcieri
Senior Water Quality
scientist
cc: Steve Stapinski, Merrimack Engineering
COLER &
COLANTONIOZ
ENGINEERS AND SCIENTISTS
February 19, 1996
Ms. Kathleen Colwell
Town of North Andover
146 Main Street
North Andover,MA 01845
RF: Engineering Review
Lot 1 Dale Street
Special Permit
Dear Ms. Colwell:
As requested, Coler & Colantonio, Inc. has reviewed the submittal prepared by Merrimack
Engineering Services. The Application is not dated,however the plans are dated April 12, 1995.
It is our understanding that the purpose of this review is to evaluate the Application for
conformance with the requirements of the Watershed Protection District as they relate to a
Special Permit Application for a lot created prior to 1994. It is our further understanding that the
Bylaws dated"Final 10/13/94"are the governing regulations.
We offer the following comments:
1. The parcel lies within the Watershed Protection District. The site is a 43,874 square foot
parcel of land on the southeasterly side of Dale Street. Wetlands flank both sides of the site.
2. The proposed limit of work is within 37.5 feet of wetlands along the west side of the site and
43 feet on the easterly side. The Bylaw requires a setback of 100 feet as a non-disturbance
zone.
3. The limits of the "Non-Disturbance' zone are not indicated on the plan as required in the
Bylaw. The entire locus lies within the"Non-Discharge"zone.
4. A report addressing the impact of site development on water quality in Lake Cochichewick
was prepared by Normandeau Associates. If the Board is not familiar with the
qualifications of Normandeau Associates a statement of their qualifications to perform this
type of work should be provided. The analysis presented appears reasonable for the
individual site except as noted below. The Planning Board should also consider the
incremental degradation of water quality in the lake due to other similar projects. We
question the assumption that only 3700 square feet of the site will be landscaped area. The
plan indicates a zone of approximately 10 to 15 feet around the building and driveway as
the limit of work. This will be difficult to enforce after construction and provides very
limited construction work space. It is likely that a future homeowner would wish to expand
the yard area on the lot. A restriction on the deed limiting the developed portion of the lot
to the area stated should be required as part of any approval.
101 Accord Park Drive. Suite One 617-982-5400
Nor-well. MA 02061-1685 Fax: 617-982-5490
5. The elevation of the cellar floor in the proposed building is below the elevation of wetland
areas on site. It is likely that groundwater will be encountered in the excavation for the
cellar and will be a problem relative to infiltration of groundwater into the cellar.
Typically, this would be controlled through the use of a sump pump. The regulations
require that designs recharge runoff to the extent feasible, if a sump pump is used this
would have the effect of pumping groundwater to a surface discharge point. We
recommend that a test pit be excavated and observed by a certified soil evaluator to
estimate the maximum seasonal high groundwater table. The proposed cellar floor
elevation should be a minimum of one foot above this elevation.
6. The plans indicate a grass swale which would collect runoff along the easterly side of the
building for discharge across the driveway to Dale Street. It also appears that a small
depression on the easterly side of the proposed driveway, in the Dale Street layout would
be created. We do noc recorumend creating a trap for water in u-',%- layout of a pub!;.,. street.
The proposed swale would discharge to an existing ditch along Dale Street. The
regulations require that site runoff from impervious areas be recharged to the extent
feasible. The proposed. Swale does not address this requirement. Based on the report by
Normandeau Associates,soils on the site should be suitable for on-site recharge.
7. It does not appear possible to grade to the limits shown on the plan along the westerly side of
the driveway in the vicinity of the proposed 196 and existing 198 contours.
We appreciate the opportunity to assist the Planning Board on this project and hope that this
information is sufficient for your needs. If you have any questions please do not hesitate to
contact us.
Very truly yours,
COLER&COLANTONIO,INC.
C
John C. Chessia,P.E.
xc Merrimack Engineering Services
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
Map Lot Name Address
64 147 October Lane Trust North Andover,MA
ABUTTERS
64 9, 18, 20 Town of North Andover 120 Main Street
64 138 Grace T Torrisi 9 Coventry Lane
64 139 Gina C. Daley 21 Coventry Lane
64 140 Ameen Realty Trust- 33 Coventry Lane
Samuel J. and
Beatrice Ameen,Jr.
64 141 Daniel P. O'Connor 45 Coventry Lane
Carl A. O'Connor
64 146 John H. Obert 10 Coventry Lane
Carol A. Obert
64 145 Duncan I. MacKay 24 Coventry Lane
Barbara S. MacKay
64 10A Stefano Santoro 510 Dale Street
Greta Genovese
64 11 Dennis P. Crowley 490 Dale Street
HAG2080Wbutters.doc
M
Normandeau Associates - NORMANDEAUASSOCIATES
25 Nashua Road
Bedford, NH 03110-5500
(603)472-5191 y
(603)472-7052(Fax)
"July 20, 1995
Atty. Peter Hatem
127 Turnpike Street
North Andover, MA 01845
RE: Lake Cochichewick Watershed Protection District;
Proposed Lot Development at Lot #1, Dale Street
Water Quanity and Quality Evaluation
Dear Atty. Hatem,
This letter report represents a Water Quality and Quantity
Evaluation associated with the above-referenced project consistent
with the Special Permit requirements for proposed developments
within the Town' s Watershed Protection District. The purpose of
this Evaluation was to assess whether the proposed project would
have a significant negative effect on the water quality of Lake
Cochichewick. In performing this evaluation, Normandeau Associates
reviewed the proposed site plan(dated April 12, 1995) , conducted a
site visit, reviewed the Order of Conditions prepared by the North.
Andover Conservation Commission(NACC) as well as the revised
Watershed Protection Bylaw(Oct. 24, 1994) and the Lake Cochichewick
Watershed Plan(IEP, 1987) .
The proposed project consists of constructing a residential
dwelling on a one acre lot located on Dale Street which is in the
upper headwaters of the Batell's Brook subwatershed. The site is
about 1. 3 miles from Lake Cochichewick as the stream flows. Runoff
generated within the property drains into bordering vegetated
wetland along the eastern and western edges of the property which
outlet into a large wetland area on the other side of Dale Street
and then eventually into Batell 's Brook. Soils onsite in the upland
areas have been mapped as part of the Canton-Charlton complex which
are described as a well-drained soils with relatively low runoff
potential (SCS, 1981) . The backside or southerly edge of the
property essentially coincides with the major drainage divide
between the Lake Cochichewick and the Fish River watersheds.
The Batell 's Brook subwatershed consists of 368 acres which
make up 13 .4 percent of the total watershed to the Lake (IEP.
1987) . At the time the Watershed Plan was developed, the principal
land uses within the subwatershed consist of forested, residential,
and pasture areas which comprise roughly 47, 26 and 14 percent of
the subwatershed area, respectively. Without accounting for any
additional residential development that occurred in recent years,
the proposed project, using the entire lot area, would add about
1. 0 percent to the total residential area within the subwatershed.
EXHIBIT B
Corporate/Northeast RMC Environmental Services Southeast and California
Bedford NH Middleboro MA Spring Cit PA New Ellenton, SC
p 9 Y�
Hampton, NH Peekskill, NY Drumore,PA Greenville, SC
Yarmouth, ME Lakewood, NJ Brattleboro, VT Richmond, CA
A division of Thermo Process Systems Inc.,a Thermo Electron company
NORMANDEA U ASSOCIATES
page 2
As shown on the site plan, only about 15 percent of the lot
area or 6, 500 sf will be disturbed to accomodate the structure
footprint(1, 613 sf) , paved driveway(1,200 sf) and associated
grading. The house will be connected to the municipal sewer system
through a new force main that will be installed along the north
side of the Dale Street right of way and will tie into the existing
sewer main several hundred feet east of the site.
The primary water quality concerns associated with this
project relate to the added nutrients, particularly phosphorus and
nitrogen, potentially contributed from various sources. Phosphorus
is of concern because of its effect on the eutrophication process
in the Lake. Nitrogen, in the form of nitrate-nitrogen, can be of
concern if drinking water contains levels above 10 mg/l. Since a
septic system is not required with this home development, one
principal source of nutrients has been eliminated. The remaining
sources relate to the potential nutrient contributions from lawn
fertilizer and soil erosion.
Based on water quality sampling results presented in the
Watershed Plan, the annual phosphorus inputs from the Batell's
Brook watershed is estimated to be 103 pounds(lbs) or about 8
percent of the total load to the Lake. Based on literature values,
contributions from residential areas are expected to range between
0.31 and 0. 54 lbs/acre(IEP, 1987) . Using an average loading rate
of 0. 4 lbs/ac/yr, the phosphorus load from this site would amount
to about 0.4 percent of the total phosphorous contribution from the
Batell's Brook watershed and 0. 03 percent for the entire Lake
watershed. Given the minimal site disturbance, discussed above,
and the lack of septic system inputs, loading from this particular
site would be expected to be considerably lower and would have
negligible impact on the Lake particularly with respect to the
existing residential areas within the watershed.
With respect to nitrogen, the point of concern is not so much
the lake but at the property boundary where groundwater recharged
onsite may enter a well used by an adjacent landowner. The NACC
order of Conditions requires that only low nitrogen content
fertilizer(i.e. , generally considered to be less than 20 %) can be
used. The nitrogen content in commercially-available lawn
fertilizers generally ranges between 5 and 35 percent depending on
the manufacturer and type of material. As an example, the SCOTTS TM
Turf Builder generally contains 32 percent nitrogen with a
prescribed application rate of about 16 pounds per 5000 sf of lawn
twice a year (Spring and Fall) .
NORMANDEAU ASSOCIATES
page 3
For purposes of estimating a worst-case, nitrate-nitrogen
concentration at the property boundary on a average annual basis,
it was assumed that fertilizer with 35% nitrogen content was
applied four times a year at 16 lbs per 5000 sf.. (As discussed
earlier, given the site plan layout only about 3700 sf would be
available for lawn area after discounting for the driveway and
building area) . This translates into a total application of 22.4
lbs of N per year. Most of the applied nitrogen would be utilized
by the vegetation or bound up in the soil. Previous studies have
documented minimal nitrogen losses to groundwater from turfgrass
fertilizer applications(Starr and DeRoo, 1981; Morton et al. ,
1988) . A study conducted at the University of Rhode Island found
that only 13% of the applied N was lost to the groundwater at an
application rate of 28.5 lbs/ac/yr and under overwatering
conditons (Morton et al. , 1988) . Again, to provide a conservative
analysis, 50 percent or 11.2 lbs of the applied N is assumed to
enter the groundwater.
To determine an appropriate dilution volume, it was assumed
that 50 percent of the annual precipitation(i.e. , 43 . 0 inches)
evaporates or is transpired by vegetation, leaving 21.5 inches to
infiltrate into the groundwater or travel as runoff. The soil in
this area has been mapped as the Canton-Charlton complex, which
consists of well drained soil with relatively low runoff potential
(SCS, 1981) . At a minimum, about 50 percent or 10.75 inches of the
available water would be expected to infiltrate into the
groundwater. Additional recharge from watering is not included.
As a result, given the assumed loss of applied N and the
estimated groundwater recharge onsite, an average annual nitrate-N
concentration at the property boundary is estimated to be 4 .6 mg/l.
This concentration based on worst-case assumptions is well below
the drinking water standard of 10 mg/1. In reality, with a low
nitrogen content fertilizer, as required, a normal application rate
of twice a year and a realistic assumption of plant uptake, the
nitrogen concentrations in groundwater are likely to be a fraction
of the above value that is based on conservative assumptions.
In summary, given the size of the proposed development, its
location within the watershed, the minimal amount of lot
disturbance as presented on the site plan and the results of the
nutrient loading analyses discussed above, I would not anticipate
any adverse effect on the water quality of Lake Cochichewick as a
result of the proposed project. With respect to soil erosion
measures, I find that the proposed hay bale/silt fence barrier
should be more than adequate given the amount of disturbed area
proposed, provided the barrier is installed properly and maintained
until vegetation is re-established.
NORMANDEAU ASSOCIATES
Inge 4
REFERENCES
IEP, Inc. 1987. Lake Cochichewick Watershed Plan. Final Report.
North Andover, Massachusetts.
Morton, T.G. , A.J. Gold, W.M Sullivan. 1988. Influence of
Overwatering and Fertilization on Nitrogen Losses from Home
Lawns. Journal of Environmental Quality, Vol. 17, No. 1.
Starr, J.L. and H.C. DeRoo. 1981. The Fate of Nitrogen Fertilizer
Apllied to Turfgrass. Crop Science, Vol. 21.
U.S. Soil Conservation Service. 1981. Soil Survey of Essex County,
Massachusetts, Northern Part.
If you have any questions, please do not hesitate to call me.
Sincerely,
NORMANDEAU ASSOCIATES
William R. Arcieri
Senior Water Quality
Scientist
cc: Steve Stapinski, Merrimack Engineering
r '
COLER & 0
COLANTONOZ
ENGINEERS AND SCIENTISTS
February 19, 1996
Ms. Kathleen Colwell
Town of North Andover
146 Main Street
North Andover,MA 01845
RF: Engineering Review
Lot 1 Dale Street
Special Permit
Dear Ms. Colwell:
As requested, Coler & Colantonio, Inc. has reviewed the submittal prepared by Merrimack
Engineering Services. The Application is not dated,however the plans are dated April 12, 1995.
It is our understanding that the purpose of this review is to evaluate the Application for
conformance with the requirements of the Watershed Protection District as they relate to a
Special Permit Application for a lot created prior to 1994. It is our further understanding that the
Bylaws dated"Final 10/13/94"are the governing regulations.
We offer the following comments:
1. The parcel lies within the Watershed Protection District. The site is a 43,874 square foot
parcel of land on the southeasterly side of Dale Street. Wetlands flank both sides of the site.
2. The proposed limit of work is within 37.5 feet of wetlands along the west side of the site and
43 feet on the easterly side. The Bylaw requires a setback of 100 feet as a non-disturbance
zone.
3. Tlie limits of the "Nor.-Disturbance" zone are not indicated on the plan as required in the
Bylaw. The entire locus lies within the`Non-Discharge"zone.
4. A report addressing the impact of site development on water quality in Lake Cochichewick
was prepared by Normandeau Associates. If the Board is not familiar with the
qualifications of Normandeau Associates a statement of their qualifications to perform this
type of work should be provided. The analysis presented appears reasonable for the
individual site except as noted below. The Planning Board should also consider the
incremental degradation of water quality in the lake due to other similar projects. We
question the assumption that only 3700 square feet of the site will be landscaped area. The
plan indicates a zone of approximately 10 to 15 feet around the building and driveway as
the limit of work. This will be difficult to enforce after construction and provides very
limited construction work space. It is likely that a future homeowner would wish to expand
the yard area on the lot. A restriction on the deed limiting the developed portion of the lot
to the area stated should be required as part of any approval
EXHIBIT C
101 Accord Park Drive,Suite One 617-982-5400
No^Nell, MA 02061-1685 Fax: 617-982-5490
w '
5. The elevation of the cellar floor in the proposed building is below the elevation of wetland
areas on site. It is likely that groundwater will be encountered in the excavation for the
cellar and will be a problem relative to infiltration of groundwater into the cellar.
Typically, this would be controlled through the use of a sump pump. The regulations
require that designs recharge runoff to the extent feasible, if a sump pump is used this
would have the effect of pumping groundwater to a surface discharge point. We
recommend that a test pit be excavated and observed by a certified soil evaluator to
estimate the maximum seasonal high groundwater table. The proposed cellar floor
elevation should be a minimum of one foot above this elevation.
6. The plans indicate a grass swale which would collect runoff along the easterly side of the
building for discharge across the driveway to Dale Street. It also appears that a small
depression on the easterly side of the proposed driveway, in the Dale Street layout would
�o_ Ra layout of z �blic street.
be created. We do nog reconunend creating a trap ..,► Waw: u. �... layout " t�"
The proposed swale would discharge to an existing ditch along Dale Street. The
regulations require that site runoff from impervious areas be recharged to the extent
feasible. The proposed swale does not address this requirement. Based on the report by
Normandeau Associates, soils on the site should be suitable for on-site recharge.
7. It does not appear possible to grade to the limits shown on the plan along the westerly side of
the driveway in the vicinity of the proposed 196 and existing 198 contours.
We appreciate the opportunity to assist the Planning Board on this project and hope that this
information is sufficient for your needs. If you have any questions please do not hesitate to
contact us.
Very truly yours,
COLER& COLANTONIO,INC.
l.. '
John C. Chessia,P.E.
xc Merrimack Engineering Services
l
ETLANDS
a
RESERVATION
ri
INC.
Water Quality Evaluation
Lot #1, Dale Street
North Andover, Massachusetts
October 5, 1999
Prepared for
Peter Hatem
Hatem&Mahoney
127 Turnpike Street
North Andover,Massachusetts 01845
Prepared by
Wetlands Preservation, Inc.
47 Newton Road
Plaistow,New Hampshire 03865
WPI Job#2407A
EXHIBIT D
475 Ipswich Road E-mail: wetlandwpi@greennet.net 47 Newton Road
Boxford, MA 01921 Fax: (603) 382-3492 Plaistow, NH 03865
(978) 352-7903 (603) 382-3435
Water Quality Evaluation
Lot #1, Dale Street
North Andover Massachusetts
Introduction
The purpose of the following evaluation is to assess the potential impacts to the quality of water
discharging to Lake Cochichewick from the development of a proposed residential house lot on Dale
Street in North Andover, Massachusetts. The proposed project entails the development of one
single-family home on an existing undeveloped parcel located on Dale Street. This study will focus
on water quality issues of site development and the potential increases to nutrient levels, in particular
phosphorus and nitrogen, to water discharging from the site and possible effects to downstream Lake
Cochichewick.
For this evaluation, the Lake Cochichewick Watershed Plan dated August 1987 and the more recent
lake study, an Evaluation of Water Quality and Management Options in Lake Cochichewick and Its
Watershed dated February, 1999, were reviewed and used for existing water quality conditions
within the lake and to evaluate consistency of project impacts with the goals set forth as part of the
Watershed Protection District.
Watershed Setting and Background
The proposed site is located within the Lake Cochichewick Watershed Protection Area. Lake
Cochichewick serves the Town of North Andover as the primary water supply source. Watershed
area to the lake is estimated at 2,732 acres (1,106 hectares) and the surface area of the pond
approximates 564 acres (228 hectares) (IEP, 1987). The average flushing rate or the rate at which
the quantity of water within the lake is completely renewed in percent volume per year is 0.57 (IEP,
1987). Previous monitoring of in-lake and discharge points tributary to the lake indicate increased
algal growth, occasional elevated levels of nutrients, turbidity, and bacteria were the principal
concerns for maintaining a high level of water quality in the lake (IEP, 1987). The town of North
Andover has invested a substantial effort in following the recommendations of the 1987 Watershed
Plan, but recent water quality sampling have shown these principle concerns are still valid (ENSR,
1999).
The lake has seven tributaries which make up the primary contribution of flow to the lake. The
tributaries were assigned names in the Lake Cochichewick Watershed Plan which were originally
given g �
iven b a North Andover Town water chemist while conducting a monitoring program. The project
site of this analysis is located in the subwatershed to the Lake Cochichewick tributary called Batell's
Brook. Batell's Brook has a total watershed area of 380 acres (154 hectares)which makes up 13.9%
of the total tributary watershed to Lake Cochichewick. The primary land use the Batell's Brook
watershed is forested (43%), and residential (330/o), with the remaining 24% being made up of
pasture, and open land (ENSR, 1999). The residential area in the upper reaches of this watershed has
increased from a total watershed percentage of 26%when the 1987 study was prepared (IEP, 1987).
The proposed project, assuming the entire lot area is developed would add less than 6.3% to the total
residential area in the Batell's Brook watershed.
1
` s
The project site is located within upper reaches of the Batell's Brook watershed. Existing land use is
primarily undisturbed wooded uplands and wetlands. Stormwater runoff under existing conditions
flows overland to wetlands on the east and west property boundaries. The wetlands to the east and
west of the property are tributary to the large wetland on the north side of Dale Street which forms
the headwaters to Batell's Brook. Batell's Brook from this point flows in an easterly and then
northerly direction through a system of wetlands and small ponds to Lake Cochichewick The
shortest flow path from site boundaries to the lake is estimated at 1.34 miles (2,160 meters).
Proposed Project
The proposed project entails the development of a single family house lot adjacent to existing
roadway and necessary infrastructure. The proposed home is to be serviced by Town of North
Andover sewer and water lines and therefore no septic systems will be installed alleviating a major
potential source of nutrient loads. The proposed project has been designed to minimize land
disturbance and the associated water quality impacts by placing the actual home location as far away
from the wetlands as possible and limiting grading by blending the house lot into the existing
topography. Site plans limit the actual disturbance area to the one-acre site at 6,500 sf to
accommodate the structure (1,613 sf) and the driveway (1,200 sf). For the purpose of this analysis, a
more aggressive grading plan was assumed using a disturbed area more than triple what is proposed
maintaining the limit of the 25-foot wetland setback giving a total disturbance area of 20,000 sf.
This was assumed to be a reasonable maximum disturbed area for the lot. The proposed roof runoff
is directed to a rooftop leaching system located on the western side of the proposed structure. The
disturbed portion of the lot and the proposed driveway are graded to drain toward Dale Street to be
collected in the roadway storm system.
Phosphorus Loading
In-lake phosphorus concentrations are often the determinant of the trophic state of a lake.
Phosphorus is generally the controlling nutrient for algal growth. The watershed plan prepared by
IEP (1987) documented monthly sampling during 1985 and 1986 to show a mean in-lake
concentration of phosphorus of 20 parts per billion (ppb). Data collected for the years 1994-1996 by
the North Andover Water Department showed the same in-lake concentration and allowed a
calculation of the average annual phosphorus load to Lake Cochichewick to be estimated at 1,183
lbs/yr (ENSR, 1999). This suggests Lake Cochichewick falls into the category of a mesotrophic lake
which typically ranges between 10.0 to 25.0 ppb (EPA, 1990). Average concentrations of total
phosphorus at the tributary discharge locations were elevated to high (25ppb and 50 ppb
respectively) in the 1985-1986 period and consistently high during the 1993-1997 period. This may
suggest some increase in the watershed phosphorus contribution but the limits of the data (frequency
and conditions of sampling, detection limits) do not allow for a strong or substantial comparison
(ENSR, 1999). From the data which are available it is evident that the loads into the lake may be
increasingand are not declining despite the attempts of watershed management by the town. One of
� p p
the goals of the 1999 watershed study by ENSR was to determine the potential role of internal
recycling as a threat to water quality. Although a change in the mean in-lake concentrations of
phosphorus has been undetectable, maximum hypolimnetic values were much higher in the 1993-
1997 data set. Again the limits of the data limit the conclusions that can be made, but it appears
2
evident that the internal release of phosphorus from bottom sediments has increased since the 1987
Watershed Plan(ENSR, 1999). The ENSR study concluded that the tributaries appear to still be the
largest load of phosphorus to the lake but the potential load from the internal recycling should not be
ignored. The lake could be changing from a system governed by external inputs to one which is
driven by the internal process of recycling which commonly occurs during the process of
eutrophication.
Phosphorus loading estimates are developed using the loading coefficients and methodology
provided in the Watershed Plan (IEP, 1987). This analysis assumes the loading source from the site
is adjacent to and drains directly into the lake. In other words, it assumes the 1.34 miles (2,160
meters) of downstream drainage path does not exist. The Plan uses a loading coefficient for forested
wetland of 0.18 lbs/ac/yr, (0.20 kg/ha/yr). There is no differentiation for loading between forest and
forested wetland. Table 18 on page 67 of the Watershed Plan uses a "most likely" residential
loading coefficient of 0.38 lbs/ac/yr (0.43 kg/ha/yr). The original source for coefficients for use in
the Plan (Reckow, 19 80) uses a loading coefficient of 1.0 lbs/ac/yr(1.12 kg/ha/yr). The 1.0 lbs/ac/yr
is used as a more conservative loading coefficient and is consistent with the total residential
contribution estimate which is discussed on page 69 of the Plan.
Existing conditions on the 1.0 acre (0.4047 hectare) site is wooded wetlands and uplands. The
existing annual load of phosphorus from this site to the lake is 0.18 lbs (0.20 kg) using the above
assumptions. The mitigative properties of phosphorus retention and annual load reduction in the
downstream wetlands and ponds between the site and the lake are not accounted for in this analysis
under existing or post development conditions. Were the mitigative properties downstream to be
considered, the annual load would be significantly reduced from that calculated above.
Under proposed conditions the site is represented by 0.46 acres (0.186 hectare) of residential
assuming a threefold increase to the area of disturbance as shown on the proposed plan, and 0.64
acres (0.256 hectare) of wooded wetland and upland which will remain undisturbed.
Under proposed conditions the site is estimated to contribute 0.58 lbs/yr (0.26 .kg/yr) or a net
increase of 0.4 lbs (0.18 kg). Again, these calculations do not account for reductions to the proposed
loadings which would occur due to mitigative properties of downstream areas before discharging to
the lake.
The impact on Lake Cochichewick from the increase in phosphorus loading is analyzed using a
modified version of the input-output model developed by Vollenweider(1976). This recognized and
widely used model has gained international acceptance as the preferred method of evaluation. The
model is modified to Analyze relative changes in phosphorus loading to determine trophic state
relationships and is expressed below.
ATP =AL(1/(V4p +P))
where: ATP =the change in in-lake total phosphorous concentration in ppb
AL =the change in total phosphorous loading in kg/yr.
V =Lake volume in m3x106
p =Lake flushing rate per year
3
Using a lake volume of 16.2 x 106 m' and a flushing rate of 0.57 per year, it is estimated that the
maximum impact of the proposed project would be an increase to in-lake phosphorus concentrations
of 0.01 ppb.. The total phosphorus data collected by IEP for the Watershed Plan showed a mean in-
lake concentration of 20.0 ppb (1987), which was verified again by ENSR in the more recent
investigation (1999). Therefore the estimated increase in phosphorus concentration would represent
less than 0.05% increase over mean annual levels. Given today's standard analytical techniques the
estimated increase in proposed levels is essentially immeasurable and well within the expected range
of natural variability.
The results of this phosphorus analysis are on the conservative side and the impacts are expected to
be much less than has been estimated due to the many natural mitigative structures downstream.
This proposed residential house lot which is tributary to the lake is treated first by the natural
wooded filter strip which will be maintained as required by the 25-foot, non-disturbance zone. Filter
strips can remove up to 60% of the total phosphorus load (Scheeler, 1987). The extensive wetlands
which exist downstream of Dale Street and the site wetlands will also reduce the phosphorus load.
The EPA (1983) reported that wetlands have been found to be greater than 80% efficient in
removing phosphorus except during winter months when removal may drop to 25% to 35%. The
ponds downstream of the wetlands will even further treat the runoff from the site before discharging
to the lake. Wet ponds such as this are expected to remove 80% of phosphorous loads (Schueler,
1987).
Nitrogen Loading
A nitrogen loading analysis was performed to determine if average annual concentrations of nitrogen
would exceed the l Omg/l drinking water standard. All of the nitrogen loading from this site will be
in the form of stormwater runoff as no septic systems will be installed. Published loading
coefficients for residential areas include contributions from septic systems and lawn fertilizers.
Loading coefficients were not reduced because of the lots being hooked to town sewer as there is a
lack of information concerning the weighted proportions of the singular contributions from either the
septic systems or fertilizer use alone. The empirical total nitrogen coefficients for residential and for
forested areas are 5.3 (5.9), and 2.5 lbs/ac/yr(2.8 kglha/yr),respectively(Reckhow, 1980).
Based on the above coefficients for loading and the existing and proposed site plans, the total annual
site export of total nitrogen is estimated as 2.5 lbs/yr (1.13 kg/yr) under existing conditions and 4.04
lbs/yr (1.82 kg/yr) under proposed conditions. The watershed plan presented annual runoff at
approximately 20 inches (510 mm) for the Lake Cochichewick watershed. Therefore the one acre
(0.4047 hectare) parcel has a total annual site runoff volume of 0.072 x 106 ft' (0.21 x 1071) and the
average annual nitrogen concentration is estimated as 0.54 mg/1 and 0.87 mg/l under existing and
proposed conditions respectively. The nitrogen levels in runoff leaving the site will be well below
the 10 mg/1 drinking water standard even when using the conservative loading coefficient which
assumes the use of septic systems which will in fact not be a part of this project.
4
Summary and Conclusions
The nutrient loading analysis which has been based on conservative assumptions has shown minor
increases in both phosphorus and nitrogen export with the proposed plan. The minor increases will
have essentially no impact to the water quality of Lake Cochichewick. The downstream natural
BMPs including the wooded filter strip left undisturbed, extensive wetland systems and several
ponds along the course of the brook which will remove a considerable proportion of the nutrient load
from site runoff, but were not accounted for in this analysis, give further assurance that water quality
impacts from the proposed project will not be realized. In addition, the loading calculations
presented here assumed a site disturbance area of 20,000 sf when the present site plan calls for a
disturbed area of only 6500 sf. An actual disturbance area of less than 20,000 sf would further
decrease the expected negligible impacts to Lake Cochichewick.
Based on the results of the enclosed evaluation and analysis, it is our professional opinion that there
will be no significant degradation of the quality of water in or entering Lake Cochichewick as a
result of the proposed project.
References
ENSR. February 1999. An Evaluation of Water Quality and Management Options in Lake
Cochichewick and Its Watershed,North Andover,Massachusetts.
Environmental Protection Agency(EPA). 1990. The lake and reservoir restoration guidance manual.
Second Edition EPA 440/4-90-006.
Environmental Protection Agency(EPA). 1983.Results of the Nationwide Urban Runoff Program.
Volume 1. Final Report. Water Planning Division, Washington D.C.
IEP. 1987. Lake Cochichewick Watershed Plan. Final Report. August 1987.
Massachusetts Department of Environmental Protection and Office of Coastal Zone Management.
Stormwater Management. Volume One: Stormwater Policy Handbook. March 1997.
Reckow, K.H., M.N. Beaulac and JT Simpson. 1980. Modeling phosphorous loading and lake
response under uncertainty: A manual and compilation of export coefficients.
Schueler, T.R. 1987. Controlling urban runoff. A practical manual for planning and design urban
BMPs. Metropolitan Washington Council of Governments.
Vollenweider,R.A., 1976. Advances in defining critical loading levels for phosphorous loading in
lake eutrophication. Mem. Ist. Ital Idrobio133: 53-83.
5
Town of North Andover t HORT{,
OFFICE OFCEIV °.Y •;�o
COMMUNITY DEVELOPMENT AND SERVIE BRAD 3 -
s
27 Charles Street TOWN CLE
NORTH ANOO -���--
WILLIAM J.SCOTT North Andover, Massachusetts 01845 �ss,cNusti`i�
Director - 1000 APR 21 A 9:
(978)688-9531 NOTICE OF DECISION Fax(978)688-9542
Any appeal shall be filed
within (20) days after the
date of filing this Notice CO
in the Office of the Town ` ' '
Clerk.
Date: April 19, 2000
Date of Hearing: April 18, 2000
Petition of Victor Hatem, Trustee of the October Lane Trust
Premises affected 475 Dale Street
Referring to the above petition for a Subdivision from the requirements of the
Zoning Bylaws Section 4.133 and 10.3
so as to allow for the construction of a single family residence in the Watershed Protection
District
After a public hearing given on the above date,the Planning Board voted
to RE-ISSUE THE DENIAL OF the Special Permit
REASON: Parties of Interest were not oropg¬ified of original decision as
required under MGL Chapter 40&
based upon the following conditions:
Signed (k'Uy"
CC: Director of Public Works Alison Lescarbeau, Chairman
Building Inspector
Natural Resource/Land Use Planner John Simons.Vice Chairman
Health Sanitarian
Assessors Alberto Angles,Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Richard S.Rowen
Towns Outside Consultant
File William Cunningham
Interested Parties Planning Board
EXHIBIT E
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
11/23/99
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use;
The Board finds that adequate and appropriate facilities have not been provided for the proper operation of
the proposed use. Sufficient information has not been provided demonstrating that the operation of the proposed
use will properly protect the Watershed,due to the fact that there are tributaries on both sides of the proposed
construction and that the proposed erosion control and limit of work are in such close proximity to the 25'no cut
buffer zone. Given the relatively limited upland on the lot,there is no assurance that future activities on the site
(e.g. lawns,disposal of clippings,ancillary structures,etc.)would not encroach on the 25'buffer zone.
5. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding
that the use is in harmony with the general purpose and intent of this bylaw.
The Watershed Protection District was specifically established to protect the quality of North Andover's water
supply. The Planning Board finds that the use is not in harmony with the general purpose and intent of the
North Andover Zoning Bylaw as all feasible steps to protect the Watershed have not been taken.
CONCLUSION:
'The Planning Board finds that this project does not meet the above referenced conditions therefore the
Board herein denies this request for a special permit
The following plan shall be deemed a part of this decision:
a) Plan titled: Site Plan of Land in North Andover,MA
Drawn for Attomey Peter Hatem
127 Turnpike Street
North Andover,Massachusetts 01845
Prepared by. Merrimack Engineering Services,Inc.
66 Park Street
Andover,MA 01880
Scale: 1"=20'
Date: June 29, 1999
Sheet: 1 of 1
2
11/23/99
475 Dale Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Victor L. Hatem, Trustee of the
October Lane Trust, 127 Turnpike Street, North Andover, MA 01842, December 4, 1998, requesting a Special
Permit under Section 4.133 and 10.3 of the Zoning By-Law in effect on December 26, 1984 to construct a single
family residence in the Watershed Protection District.
FINDINGS OF FACT:
In accordance with Section 10.31 of the Zoning-Bylaw in effect on 12/26/84,the Planning Board as the Special
Permit Granting Authority shall not approve any application for a Special Permit unless it fords that in its
judgment all of the following conditions are met:
1. The specific site is an appropriate location for such a use,strut- -e or condition;
The Board finds that this specific site is not an appropriate location for the construction of a single fun ly home
and driveway as the home is located 49' from the edge of a tributary as defined in the 1984 Zoning Bylaw.
There is also a tributary on the adjacent side of the proposed home located approximately 50'from the proposed
home. The subdivision decision dated December 16, 1985 for Coventry Estates,which is the subdivision within
this lot Oct 91) is located, states that`the portion of the subdivision fronting on Dale Strom, specifically Lots 1
through 5 that is within 100 feet of the wetland tributary, may have restrictions imposed rendering these lots
unbuildable". [Condition 93] This note signifies that the lot is one of which the Planning Board had concerns
with back in 1985. And, in fact,this lot has the most substantial potential wetland impacts of all of the lots
mentioned.
2. The use will not adversely affect the neighborhood;
The Board finds that the use as developed will adversely affect the neighborhood. One of the primary sources
of elevated suspended solids,nutrient, and bacteria concentrations in the Lake is the erosion of soils in areas of
new construction. The construction proposed for this site is only 49' and approximately 50', respectively,from
the edge of the tributary(which is a key resource recharge area for the Town's water supply);thus a sufficient
buffer has not been preserved to protect the tributary from the erosion of soil. The proposed site grading and
construction of the lawns are even closer to the tributary than the house construction,the closest point on each
side being approximately 31' and 27' from these tributaries. It is dubious that this erosion control and limit of
work could be achieved without irnfimgmg upon the 25' no-cut buffer zone which is to be maintained from the
edge of all tributaries in the watershed, mandated by Section 4.133(3)c of the 1984 Town of North Andover
Zoning Bylaw.
3. There will be no nuisance or serious hazard to vehicles orP .edestrians•
The Board funds that the construction ofthe single family home would not provide a nuisance or serious hazard to
vehicles or pedestrians;
1
J
lr -
11/23/99
475 Dale Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Victor L. Hatem, Trustee of the
October Lane Trust, 127 Tumpilce Street,North Andover, MA 01842, December 4, 1998, requesting a Special
Permit under Section 4.133 and 10.3 of the Zoning By-Law in effect on December 26, 1984 to construct a single
family residence in the Watershed Protection District.
FINDINGS OF FACT:
In accordance with Section 10.31 of the Zoning Bylaw in effect on 12/26/84,the Planning Board as the Special
Permit Granting Authority shall not approve any application for a Special Permit unless it finds that in its
judgment all of the following conditions are met:
1. The specific site is an appropriate location for such a use,struct--e or condition;
The Board finds that this specific site is not an appropriate location for the construction of a single family home
and driveway as the home is located 49' from the edge of a tributary as defined in the 1984 Zoning Bylaw.
There is also a tributary on the adjacent side of the proposed home located approximately 50' from the proposed
home. The subdivision decision dated December 16, 1985 for Coventry Estates,which is the subdivision within
this lot Oct 91) is located, states that 'the portion of the subdivisica frarrong on Dale Stream, specifically Lots 1
through 5 that is within 100 feet of the wedand tributary, may have restrictions imposed rendering these lots
unbuildable". (Condition#3] This note signifies that the lot is one of which the Planning Board had concems
with back in 1985. And, in fact,this lot has the most substantial potential wetland impacts of all of the lots
mentioned.
2. The use will not adversely affect the neighborhood;
The Board finds that the use as developed wM adversely affect the neighborhood. One of the primary sources
of elevated suspended solids,nutrient, and bacteria concentrations in the Lake is the erosion of sods in areas of
new construction. The construction proposed for this site is only 49'and approximately 50', respectively,from
the edge of the tributary(which is a key resource recharge area for the Town's water supply);thus a sufficient
buffer has not been preserved to protect the tributary from the erosion of soil. The proposed site grading and
construction of the lawns are even closer to the tnbutary than the house construction,the closest point on each
side being approximately 31' and 27' from these tributaries. It is dubious that this erosion control and limit of
work could be achieved without infringing upon the 25' no-at buffer zone which is to be maintained from the
edge of all tnbutaries in the watershed, mandated by Section 4.133(3)c of the 1984 Town of North Andover
Zoning Bylaw.
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
The Board finds that the construction of the single family home would not provide a nuisance or serious hazard to
vehicles or pedestrians;
1