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HomeMy WebLinkAboutMiscellaneous - 15 CARRIAGE CHASE 4/30/2018 (3) 15- Carriage Chase A Address Title of File Page of Date File Open: ---_ Date file Closed:_ Doc action m Docuent/Action Title Date of Refer to other Rurpose of Docu mcnt/ eAction a action Document/ doc rruent/ nd notes fWum' Action Department i- ------------- Board of Appeals — Board of Health Plannung Board _ ConserUafiion Comml ssion — Boibding Department—'----' Any appeal sha!I be filad . o Amar+ '� ;,.. - :. • within 20 c_ i!- ,,-,- ( 1 �;� �e gate of D; ce TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS a NOTICE OF DECISION Date . .May. ?0,. .1994. . . . . . . . . . . . . Petition No.. . 00.7794. . . . . . . . . . . . . Date of Hearing. .44 . 10,. .1.919 4 . . . Petition of . .Kenne.th .P, _ Vil.lner. . . . . . . . . Premises affected 15. Carriage. .Chase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements ofXH6 Section .4. 133., Paragraph 3(C) and .Table. .2 .of the .Zoning Bylaw. in, eff.ec t. in. .1.9.84 . . . . . . . . . . . . . . . so as to permit construction. of a dwelling. in the .water.s.hed.no-d.isturbance. .zo-oe.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .ALLOW. the PETITIONER TO WITHDRAW WITHOUT PREJUDICE. f� �iifific�"z�•YofX$h��3'ti�ivXh�H � X�F13H�i�oyci��i�7ist8d�£ Signed Frank Serio, Jr:, Chairman Walter Soule, Clerk Robert Ford . . . . . . . . . . . . . . . . . Scott Karpinski Board of Appeals C' Any appeal sl u'I be fi'ed NORTH 9 E do within (20) cic-, %1'!c,:- Lhe n 0 y� OA (-:ate of fi „-; _ :ice 20 9SS4CHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * Kenneth P. Willner * DECISION 15 Carriage Chase North Andover, MA 01845 * Petition #007-94 * **************************** The Board of Appeals held a public hearing on Tuesday evening, January 25 continued to February 8, March 8, April 12 then continued to April 19 for a Special Meeting where the public hearing was re-opened then continued to May 10, 1994 upon the application of Kenneth P. Willner requesting a variation of Section 4 . 133 , Paragraph 3 (c) and Table 2 of the Zoning Bylaw in effect in 1984 , so to permit construction of a dwelling in the watershed no-disturbance zone on the premises located at 15 (Lot 15) Carriage Chase. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Robert Ford and Scott Karpinski. The hearing was advertised in the North Andover Citizen on January 25 and February 1, 1994 and all abutters were notified by regular mail. Upon a motion b Mr. Soule and second Y n b Mr. Ford the o Y Board voted unanimously to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE. Dated this 20th day of May 1994 . BOARD OF APPEALS Frank Serio, J . Chairman TOWN 0 F NORTH AND0VER iin L MASSACHUSETTS 4 of, Any appeal shall be filed t5 SS4CNUSEt O within (20) days after -the date of filing ref this Notice ct" in the Office of the Town NOTICE OF DECISION Clerk. Date. March . 29, 1994 . . . . . . . . . . 151994 Date of Hearing March. . . . . . . . .,. . . . . . . . Petition of P... Willner. Premises affected Lot 15 Carriage Chase Referring to the above petition for a special permit from the requirements Of the . North Andover zoning Bylaw - Section .4.133, as in ef f ect in 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit ,the .construction of a dwelling . . . . within 100 feet of a wetland. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted ZD to . . . DEN . . . . . . . . . .the Y SPECIAL PERMIT . . based upon the following conditions : Signed cc: Director of Public Works Richard A. Nardella, Chairman Building Inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conservation Administrator John Simons, Vice Chairman Health Sanitarian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessors Joseph Mahoney, Clerk Police Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fire Chief John Daghlian Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer File . . . . . . . 'planning. . B.oard . . . . . . . . Interested PArties NOwTy KAREN H.P. NELSON 0 Town of 120 Main Street, 01845 Director ` NORTH ANDOVER (508) 682 6483 BUILDING •....:• CONSERVATION SSS°" 5`s DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT March 29, 1994 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Special Permit Watershed Protection District - Lot 15 Carriage Chase Dear Mr. Long: The North Andover Planning Board held a public hearing on March 1, 1994 , in the North Andover Senior Center, behind the Town Building upon the application of Kenneth P. Willner, requesting a Special Permit under Section 4 . 133 of the North Andover Zoning Bylaw as in effect in 1984 , so as to permit the construction of a dwelling in the Watershed Protection District on the premises located at #15 (Lot 15) Carriage Chase. The legal notice was properly advertised in the North Andover Citizen and all parties of interest were duly notified. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John Simons was absent. Howard Speicher, attorney for the Willners: settlement with Conservation Commission concern about placement of house on the lot moved house as far as possible from wetland need a side yard and front yard variance creating a pond on Town water and sewer 20 ' no disturbance zone Ms. Colwell - Construction is entirely within 100 ' non- disturbance zone. Board has never approved a house within non- disturbance zone and should deny application. Discussion of Conservation Commission settlement. Board needs statement from Conservation Commission as to their position on this project for the next meeting. Mr. Perna - Beaver dam has caused increase in the wetland area, additional pond created, therefore extra wetlands. Page 2 : Lot 15 Carriage Chase Attorney Speicher - Plan does everything it can to protect the watershed. Mr. Nardella asked the Board if they wanted to consider this. Mr. Mahoney would like to have time to review the plans. Mr. Perna suggested the Board take a site walk. Mr. Daghlian was not comfortable with construction that close to the watershed. Continue to March 15, 1994 Mr. Robert Nicetta, Building Inspector: Zoning Board of Appeals will not act until the Planning Board makes a decision. Mr. Nardella not in favor of approving this and would be willing to vote on this tonight. Attorney Speicher believes that they do not need a Special Permit because wetland is not a tributary to Lake Cochichewick. willing to submit to some conditions applicants are addressing all of the issues related to the Watershed Protection District. Mr. Nardella: Need an opinion in writing from the Conservation Commission, not the Conservation Administrator, regarding their position. Mr. Willner - Conservation Commission has approved this with 20 ' no cut zone and retaining wall. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to continue the public hearing to March 15, 1994 . Mr. Rowen wants to walk the site with the Conservation Commission. On March 15, 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, John Simons Vice Chairman, Joseph Mahoney, Clerk, and John Daghlian. Richard Rowen was absent. Mr. Mahoney read a memo from the Conservation Commission to the Planning Board. Page 3 : Lot 15 Carriage Chase Mr. Nardella asked if there was any way to reconfigure house to better fit on the lot? Mr. Willner told Mr. Nardella he did reorient the house. Mr. Simons: lot is now in area with 2 acre zoning require 75% CBA large house for the lot not willing to approve it Mr. Nardella asked if there was anything the Board could suggest to create an acceptable lot.. There was no comment. Attorney Mark Johnson: none of the other houses in the subdivision were required to obtain a special permit in 1984 building permit was issued on the site in 1986 Willners bought the lot with the understanding that it was a buildable lot Mr. Michael Kasabuski, developer: He was allowed to affect wetlands in that subdivision without a permit states that standing water was required for a wetland Nicholas Petrucci, 56 Castlemere and John Pollano, 10 Carriage g Chase both support the application. PP PP Attorney Johnson: applicant is protecting existing wetlands on site creating more wetlands On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted to close the public hearing. Mr. Mahoney made a motion to approve the special permit. There was not second. On a motion by Mr. Simons seconded b Mr. Da hlian the Boa y . g rd voted to deny the special permit. The Chairman voted in the affirmative. Mr. Mahoney voted in the affirmative. Staff to draft denial . Mr. Simons to review prior to filing. Page 4 : Lot 15 Carriage Chase Attached are the reasons for denial. Sincerely, North Andover Planning Board cc - Richard A. Nardella, , Chairman attachment cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File i LOT 15 CARRIAGE CHASE KENNETH P. WILNER/JACQUELINE BEST-WILNER WATERSHED PROTECTION DISTRICT SPECIAL PERMIT The Planning Board herein DENIES the Special Permit requested by Kenneth P. Wilner and Jacqueline D. Best-Wilner, 55 Union Street, Boston, MA 01208, dated February 11, 1994 , for the construction of a single family dwelling within 100 feet of the edge of a wetland resource area (tributary) of the Watershed Protection District. FINDINGS This lot was created as part of the Marbleridge Estates Subdivision. The preliminary plan for the subdivision was filed in May of 1984 with a definitive plan filed in October of 1984 . The plan was subsequently approved in January of 1985 and the plans endorsed on March 13 , 1985. This lot has never been developed thus the question arose of which zoning bylaw should be applied to the special permit request. The Board determined that although eight years has passed since the endorsement of the plans, litigation with the Conservation Commission may have tolled the running of this time period. (Kenneth P. Wilner v. George P. Reich, et al . Essex Superior Court C.A. No. 93-0126) However, as the litigation is unresolved, the Planning Board was unable to establish definitively, pursuant to M.G. L. Ch. 40A, Sec. 6, which zoning bylaw to apply. If the litigation is finally adjudicated "in favor" of the Wilners, the Wilners may be able to assert that the 1984 zoning bylaw should apply. However if the litigation is finally adjudicated "in favor" of the Town, the current zoning bylaw will apply. Due to the unresolved litigation, the question of which zoning bylaw to apply was unanswered at the time of the public hearing. Therefore the Planning Board considered the application under the principles of both bylaws. 1. Both bylaws create a no-construction zone within one hundred (100) feet from the edge of all wetlands ("tributaries" 1984) ("wetland resource area" 1993) as a mechanism for protecting the Town' s water supply. Both bylaws allow for construction within this zone if a special permit is granted by the Planning Board. However, a special permit to construct is not granted unless the Board finds that the project will not be detrimental to the quality of the water supply. The Board finds that construction of a home and driveway entirely within the no- 1 11 construction zone is detrimental to the quality of the water supply. 2 . Both the 1984 and the current Watershed Protection District Bylaw have the same purpose. Both bylaws are "intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the groundwater and the lake, to conserve the natural environment, and to protect the public health, safety, and welfare. " ZBL 4 . 133 (1) 1983 ; ZBL 4 . 236 (1) 1993 . The Planning Board finds that the construction of a single family home entirely within the 100 foot no construction zone would adversely affect the filtration and purification function of the land, the ground water table, the purity of the groundwater and the lake, and the natural environment. 3 . Under both bylaws the Planning Board "shall not" approve any application for a Special Permit unless the Board finds in its judgment that all of the required conditions are met. ZBL 10. 31 (1) 1984, 1993 . These conditions are as follows: a. The Board finds that the specific site is not an appropriate location for the construction of a single family home, driveway, and associated changes to the landscape. As stated in the Lake Cochichewick Watershed Plan (1987) p. 72 , development in the watershed leads to increased nutrient loading and urban stormwater runoff. The Plan recommends limiting development to the least sensitive areas and mitigating water quality degradation as important factors in protecting the future of the lake. This project is entirely within the most sensitive section of the watershed and no mitigating measures have been presented. b. The Board finds that construction of a single family home, driveway, and associated land changes in this location will adversely affect the neighborhood. Erosion of soils in areas of new construction is one of the primary sources of elevated suspended solids, nutrient and bacteria concentrations in the Lake. "Lake Cochichewick Watershed Plan" (1087) , p. 72 . The entire project is located within the 100 foot "no construction zone" . Absent a showing to the contrary, the erosion of soil due to the new construction will affect the quality ualit of the lake. C. The Board finds that there will be no nuisance or serious hazard to vehicles orP edestrians. d. The Board finds that adequate and appropriate 2 i. • f facilities have not been provided for the proper operation of the proposed use. Construction of a single family home will affect the quality of the lake. As stated in Finding 4 below, no information has been provided demonstrating that the operation of the proposed use will properly protect the Watershed. e. The Board finds that in the absence of a showing that the Watershed will be protected, the construction of a single family home within 100 feet of the edge of a wetland area within the non-disturbance zone of the Lake Cochichewick Watershed Protection District is not in harmony with the general purpose and intent of this bylaw. The Planning Board finds that the applicant meets only one of the five conditions that must be met prior to the issuance of a Special Permit. 4 . The Watershed Protection District bylaw was amended in 1988 as a result of a study conducted on the watershed of Lake Cochichewick. Many of the policies followed by the Planning Board under the earlier bylaw were codified at this time. Thus, although these standards are not specifically stated in the 1984 bylaw, they had been considered by the Planning Board when enforcing the bylaw. Thus the Board also considered the requirements of the current bylaw in its review of this application. a. The Planning Board makes the specific finding as required under section 4. 16 (7) (c) of the current bylaw that the proposed use in conjunction with other uses nearby will cause a significant degradation in the quality and quantity of water in or entering Lake Cochichewick. b. The proposed construction is within 100 feet of the edge of a watershed wetland. As such, the applicant must take steps to insure that any runoff from impervious surfaces (other than driveways, rooftops, walkways and patios servicing single family dwellings) shall, to the extent possible, be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Where this is not possible, other mitigating measures such as sedimentation ponds shall be used after approval by the appropriate Boards as listed in Section 6 (b) of the Zoning Bylaws. The applicant did not present any proof to the Planning Board of any mitigation measures. C. The applicant pp failed torovide at a minimum a written P , certification by a registered Professional Engineer (or 3 4 other scientist similarly educated) that the quality and quantity of the water in or entering Lake Cochichewick will not be significantly degraded as required in Section 4. 136 (7) (c) of the Town of North Andover Zoning Bylaw (May 1992) . d. The applicant failed to demonstrate that all on-site preparation including but not limited to, construction, wastewater disposal, and fertilizer applications will not create concentrations of Nitrogen in groundwater, greater than the federal limit of 10 mg/Liter at the down gradient property boundary as required by Section 4 . 136 (7) (d) (2) of the Town of North Andover Zoning Bylaw (May 1992) . e. The applicant has failed to provide the Planning Board with projections of down gradient concentrations of nitrogen, phosphorus and other relevant chemicals at property boundaries as required by Section 4 . 136 (7) (d) (3) of the Town of North Andover Zoning Bylaw (May 1992) . CONCLUSION Given the above findings the Planning Board voted to DENY the applicant's request for a special permit. The following plan shall be deemed part of the denial: Plan of Land in North Andover, MA Scale: 1" = 20 ' Date: August 18, 1993 ; rev. 12/13/93 , 12/15/93 , 12/17/93 , 12/28/93 Prepared by: Hayes Engineering, Inc. 603 Salem Street Wakefield, MA 01880 cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Commission Administrator Police Chief Fire Chief Applicant Engineer File Lot15.CarriageChase 4