HomeMy WebLinkAboutMiscellaneous - Lot 20A Bridle Path (2)rJ� �
Town of North Andover
OFFICE OF -
COMMUNITY DEVELOPMENT AND SERVICES
30 School Street
WII,LIAM J. SCOTT North Andover, Massachusetts 01845
Director
NOTICE OF DECISION
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
Clerk. ,
Petition of Henry Rucharzyk
Premises affected Lot 20 A Bridle Path
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Date June 5, 1998
Date of Hearing 3/17/98, 4/21/98, 5/19/98,
6/2/98
Referring to the above petition for a special permit from the
requirements of the North Andover Zoning Bylaw Section 4.133 (watershed protection
is ric
so as to allow to construct a single family residential dwelling within 100 linear feet
horizontally from the edge of the tributary to Lake Cochichewick
After a public hearing given on the above date, the Planning Board
voted to Deny
the Watershed - Special Permit
based upon the following conditions:
CC: Director of Public Works
Building Inspector
-Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
Towns Outside Consultant
File
Interested Parties
Signed �.� ��• \\c, r
Richard S.Rowen, Chairman
Alison Lescarbeau, V. Chairman
John Simons, Clerk
Richard Nardella
Joseph V. Mahoney
Planning Board
CONSERVATION - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535
'*BUILDING OFFICE - (978) 688-9545 • *ZONING BOARD OF APPEALS - (973) 688-9541 • *146 MAIN STREET
Colwell stated that there is no final grading on the plan, no limit of clearing, no control of storm
water shown or proposed, no certification from an engineer that there will be no effect on the
lake, need to show the tributary on the plan, no erosion control shown and the 25' no cut and 50'
no build zones not shown properly on the plan. Mr. Simons asked why they never built on the
property. Mr. McCarron stated that it is a hard lot to fit a septic system on and now they can tie
into sewer. Mr. Simons stated that you had many choices on how the lots were laid out and when
you build on them. Mr. McCarron stated that it was a buildable lot when it was created. Mr.
Simons stated that we never granted a Watershed Special Permit that close to the wetlands
before.
Linda Weeks of 148 Bridle Path stated that we're not even on sewer and the Town has said that
we won't be for 1-2 years. The Board stated that it would be part of their decision. Ms.
Lescarbeau believes that the driveway could be relocated. Ms. Colwell received a letter from
Town Council stating that the applicants were in fact grandfathered under the old zoning.
Continued until April 21, 1998.
The North Andover Planning Board held a regular meeting on April 21, 1998. The following
members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph V.
Mahoney & Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was
also present.
Continued until May 19, 1998
The North Andover Planning Board held a regular meeting on May 19, 1998. The following
members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John
Simons, Clerk, Joseph Mahoney & Richard Nardella. Kathleen Bradley Colwell, Town Planner
was also present.
Attorney Michael McCarron went over the prior information for this filing. Phil Christiansen of
Christiansen & Sergi, went over the revised plans. Mr. Christiansen stated that a force main
would be installed to tie into the Town's sewer system. Mr. Christiansen stated that the force
main will be placed at.Bridle Path and Timber Lane and connect into the existing sewer manhole
at the intersection of Timber Lane and Brentwood Circle. Mr. Rowen asked if this would be the
only house on Bridle Path on sewer. Mr. Christiansen stated yes. Mr. Rowen asked which way
the driveway flow. Mr. Christiansen stated downward toward the wetland.
Ms. Colwell stated that she is concerned with the drainage on the site. Mr. Nardella stated that he
would like to see an oil trap on the site, Mr. Christiansen stated that they can add oil traps to the
plan. Mr. Simons asked if they have a letter stating that there will not be an effect on the water
quality. Mr. Christiansen went over his theory on water quality. Mr. Nardella asked if there were
roof drains. Mr. Christiansen stated that there were. Ms. Colwell asked why they have railroad
ties. Mr. Christiansen stated that they are part of the state storm water management requirements
however they would not use old railroad ties but would use wooden boards. Mr. Christiansen
went over the location of the railroad ties. Mr. Christiansen stated that they would put in the oil
sump, and a berm to protect street runoff from going down the driveway for the next meeting.
V
Lot 20A Bridle Path
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the application Henry Kucharzyk, HEFCO
Realty Trust, P.O. Box 1701, Lowell, MA 01853, dated January 29, 1998, requesting a Special Permit
under Section 4.133 of the North Andover Zoning by-law in effect in on August 1, 1979, to construct
a single-family dwelling within 100' of a tributary to Lake Cochichewick.
FINDINGS OF FACT:
Based upon an opinion from Town Counsel, Lot 20A is a grandfathered lot under Paragraph 4 of
Section 6 of M.G.L. c. 40A. Therefore the North Andover Zoning By-law adopted in 1979 applies to
this lot.
In accordance with Section 10.31 of the North Andover Zoning Bylaw in effect in 1979, the Planning
Board as the Special Permit Granting Authority shall not approve any application for a Special Permit
unless it finds that in its judgement all the following conditions are met:
A. 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 only fifty feet from the edge of the tributary as
defined in the 1979 Bylaw. The applicant made no attempt to seek a variance from the Zoning Board
of Appeals to place the home closer to the street and adjacent lot to move the home further away from
the tributary.
B. The use as developed 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 fifty feet from the
edge of the tributary, a sufficient buffer has not been preserved to protect the tributary from the erosion
of soil.
C. Adequate and appropriate facilities will be provided for the proper operation of the proposed use;
The Planning 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.
D. 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 the North
Andover Zoning By-law.
1
SEPTIC SYSTEM INSPECTION FORM
ADDRESS C (S 2 d-
DATE INSPECTED -
PROPERLY FUNCTIONING? YS N '
WEATHER CONDITIONS
COMMENTS:
DYE TEST PERFORMED? Y N
DATE?
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Town of North Andover
BEAVER COMPLAINT DATA SHEET
Complaint #
Name: J r-\" G, S. S.. UUO LA
Address: j J i�,Lcll
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Date Received:
Tel #: Work
Tel #: Home 9 ---� -� "--� t S
Complaint Location: Lc,—f-- Map: Parcel: 10 3.c)
Type of Complaint (Check all that apply):
8 Property flooding ❑ Road flooding
❑ Crop damage ❑ Septic system
�P Tree damage
❑ Water supply
Site Inspection Report
❑ Property damage
❑ Other
Date
Inspector
Comments
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19 r A 0,5/4-4 `-PCJ M f' rfov 5 - 1DAIL l /4441
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Notified Conservation Commission
Beaver Destruction Permit
Dam Breach Permit
Pipe Installed
Referred to trapper- Name:
Other
Check all that avvl
Technical Advice
Permit #
Permit #
Permit #
Town of North Andover
B OF k () i H ;: M 01�; /
BOA_ BD OF HEAL)'H
BEAVER COMPLAINT DATA SHEET �
Complaint #
r
Name: Itler' ei i
Address: o ! .h Lni-1 /
Complaint Location:
Type of Complaint (Check all that apply):
1, Property flooding ❑ Road flooding
❑ Crop damage ❑ Septic system
Date Received:`
Tel #: Work
Tel #: Home 7'7,?,- 6 8.1 - l Q 9 l
Tree damage
❑ Water supply
Site Inspection Report
Date Inspector Comments
Notified Conservation Commission
Beaver Destruction Permit
Dam Breach Permit
Pipe Installed
Referred to trapper- Name:
Other
Map: Parcel:
X Property damage
❑ Other
all that apply)
Technical Advice
Permit #
Permit #
Permit #
7
BOARD OF HEALTH
120 MAIN STREET
NORTH ANDOVER, MASS. 01845
APPLICATION FOR ABANDONMENT
OF SUBSURFACE DISPOSAL SYSTEM
(SEPTIC SYSTEM)
PURSUANT TO SECTION 310 CMR 15.354
OF THE STATE ENVIRONMENTAL CODE, TITLE V
TEL. 682-6483
Ext23
This form must be submitted to the Board of Health no less than
five (5) days prior to date of abandonment and be accompanied with
a copy of the
� sewer connection permit
Name 1/� A,, Phone
Address I0 SLA 4 -
Contractor hired for work:
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Name =/�e�d y, rs v'? ' � Phone �
Address z$a aan.c'
Date for scheduled abandonment
Method of septic tank abandonment (check one).
( ) removal ( ) sandfill (.--crush ( ) other (describe
below)
Other
PLEASE DO NOT WRITE IN THE SPACE BELOW
FOR HEALTH AGENT'S USE ONLY
Inspecting gent ate
Comments -V 4 Au �� ro �� ��� -�U 10 74.` •-,
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TOWN OF NORTH ANDOVER
ADDRESS OF SYSTEM
REPORT OF PERC TEST
2 -
NORTH ANDOVER OARD OF HEALTH
�6 - e 107-2-
DATE —,i
NAME OF PROFESSIpNAL ENGINEER OR SANITARIAN CONDUCTING TESTS
NAME OF LOT OWNER
ADDRESS
SHOW APPROXIMATE LOCATION OF PITS ON SKETCH ON REAR OF MS SHEET
Soil Log: Tonsoil ; Subsoil Depths & Tvoes
Total
Water Level Pit Dmth
Time to Time to
Perc Tests Depth Saturation Time Drop 12f1 - 911 Drop 911 - 61,
Other Considerations:
Recommendations:
Signature �_
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v-/ 74
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Time to Time to
Perc Tests Depth Saturation Time Drop 12f1 - 911 Drop 911 - 61,
Other Considerations:
Recommendations:
Signature �_
TO: NORTH ANDOVER, MASS 19 7 C
BOARD OF HEALTH
F ROM: DESIGN ENGINEER Re: Soil Absorption Sewage
System Inspection
This is to certify that I have inspected the construction of the said disposal system at
Zo 7-/ W11V 7-,E 19 -5 74- North Andover, Mass.
SITE LOCATION
The grades and construction are as specified in my plans and specifications dated
ALA _19
S"TS
Q,6Ajin'be6,7iR:eg/Sanitarian
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A SOIL PROFILE & PERCOLATION TEST DATA
Town/Cite er-No.&5treetrc�e� G �ot No.
Loc . / Subdiv . Cry PGS/ lgI 600001�0IP1 an Owner
Investigator Observer
SOIL PROFILES -DATE
' Elev\.,,__ 3' Elev. 3. Elev.� 44 Eley.
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Benchmark, - Location
Elevation Datum
Percolation -Tests -Date g E %�
Pit Number
1 2 3 4 5
Start -,Saturation
Soak -Mins.
Start Test -Time
1.2-100
Drop of 3" -Time
, 12
prop of 6" -Time
Mins.lst "Dro -
Mins.2nd 3"Dro
1V��e5 z,Kercnes on bacic Frank C. Gelinas & Associates, North And.