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HomeMy WebLinkAboutHEFCO REALTY TRUST Any appeal s"a'l be filed P6ANNING DDABO within (20) days after the date of filing of this Notice Or TR) W N OF NORTH ANDOVER in the Office of the Town Ti ' { NC , V MASSACHUSETTS Clerk. MAR 9 84 A X83 Na�TM t ;,sBACH 6ttS March 9 , 1983 1r . Daniel Long , Town Clerk Town Office Building Nbrth Andover , Mass . 01845 Re : Hefco Realty Trust Premises Affected : 23 Arlington Street Lot 20A Bridle Path Lowell , Mass . Special Permit - Watershed Dear Mr. Long : The North Andover Planning Board held a public hearing on Monday evening , January 3 , 1983 in tfie Town Office Meeting Room upon the application of Hefco Realty Trust . The hearing was advertised in the North Andover Citizen on December 16 and 23 , 1982 and all abutters were notified by certified mail . The following members were present and voting : Michael P . Roberts , Vice Chairman ; Walter R . McDounough , Clerk ; John J . Burke , and Erich W. Nitzsche. The hearing was continued until Wednesday evening , February 9 , 1983 with the following members present and voting : Paul A. Hedstrom , Chairman ; Michael P . Roberts , Vice Chairman ; Walter R . McDonough , Clerk ; John J . Burke ; and Erich W . Nitzsche . The petitioner seeks a Special Permit under Section 4 . 133 of the North Andover Zoning By Law so as to permit the construction of a single family dwelling and associated structures , including a subsurface disposal system located within 100 feet of a wetland tributary to take Cochichewick on the premises located on the South side of Bridle Path and known as Lot 20A , Bridle Path . The site affected is located in the R-2 zoning district with an area of 1 . 46 acres + and frontage of 150 feet . The proposed dwelling will be of wood frame, with the following dimensions : 65 ' front ; 28' in depth ; 2 stories ; 28' in height . The Board rendered their decision on Tuesday evening , March 8 , 1983 with the following members present and voting : Paul A . Hedstrom , Chairman ; Michael P . Roberts , Vice Chairmaq ; Walter R. McDonough , Clerk ; John J . Burke ; and Erich W . Nitzsche . 44 RECE,VEn Hefco Realty Trust D4H'TLL3MG Special Permit - Watershed Tn -q Lot 20A - Bridle Path NORTH A '.,OVER Marc Page2 h9 , 1983 MAR 9 11 04 AM X83 Upon a motion made by Mr . Roberts and seconded by Mr . Nitzsche , the Board voted to deny the petition and plan entitled "Sub- surface Disposal System Design for Lot 20A Bridle Path , North Andover , Mass . by Frank C . Gelinas and Associates , Engineers and Architects , dated October 4 , 1981 and revised October 19 , 1982 for the following reasons : 1 . The topography as depicted on the plan is inaccurate as to the location of the wetland , the contours and septic system test pits . a ) Water surface of the abutting wetland is at an elevation of 155 , the corner of the proposed dwelling. b ) If properly located toward the front of the lot , the test pits would indicate ground elevations two (2) to four (4) feet higher than the plan specifies , which places the bottom of the deep pit at an elevation of 155 . 0 . The septic system would , therefore , be raised and this requires fill on Lot 20B . c ) No easement or written agreement allowing work on Lot 20B has been forwarded to the Planning Board . 2 . Location of the water surface in proximity to the leaching facility indicates such water to be closer, than 100 feet , thus requiring a variance from the Board of Health . 3. As evidenced in the field in February , which is not spring high water elevation , the Planning Board is of the following opinion : a ) The proposed dwelling and related improvements will not afford the headwaters of Lake Cochichewick , North Andover ' s water supply, the proper safeguards from pollution of surface and ground water supply intended by the Wetland Zoning By Law : b ) The proposed driveway and garage is in such close proximity ( zero feet) to surface water that it subjects the water- shed to oil spill contamination and petroleum pollution . 4. Said plans of the dwelling indicate basement slab elevation of 155 . 5 , which is only 0 . 5 feet above existing water surface in the wetland . Drainage and flood calculations have not been submitted and the Board is of the consensus that the dwelling does not provide proper protection from a one hundred year storm or any major storm . RECE".EO DAH!EV LING Hefco Realty Trust TO'� igs ; RK Special Permit - Watershed NORTH ,{ SER Lot 20A - Bridle Path March 9 , 1983 MAR 91 04 AM '83 Page 3 In denying the Special Permit , the Planning Board finds , pursuant to Section 10 . 31 of the Zoning By Law , that : a ) The specific site , Lot 20A Bridle Path , is not an appropriate location for such a use . b) The use as developed will have an adverse affect on the neighborhood . c) The use is not in harmony with the general purpose and intent of the Town ' s Zoning By Law . Sincerely , PLANnNING BOARD (� Paul A . Hedstrom , Chairman PAH/jw cc Applicant Building Inspector Board of Health Highway Surveyor Board of Public Works Conservation Commission DEQE Parties In Interest Project Engineer p alt! n a p 017N OF NORTH ANDOVER MASSACHUSETTS PLANNING BGARD __. APPLICATION FOR SPECIAL PERMIT NOTICE: This application must bet ypewritten Applicant Hefco Realty Trust y Address 23 Arlington Street 1. Application is hereby made_ 3c (a) For a Special Permit under Section ,4.13-4 Paragraph 3D of the Zoning Ty-Law. proposed dwelling :construction_ 2. (a) Premises affected are land X and buildings_. numbered lot 20A Bridle-7,,gac,(j-V Patn (b) Premises affected, are property with frontage on the North r- -SouthX- East Westside of Bridle Path and known as No. lot 20A Bridle PathiF�Fe,�jE. - (c) Premises affected are in Zoning District R-2 , and the premises affected have an area of 1.46 acre — and frontage of 159 + feet. 3. Ownership: _ (a) Name and address of owner (if joint ownership, give all names): Hefco Realty Trust Date of purchase Jan.18, 1982 Previous Owner landsails, Inc. - ` (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee Not Applicable Other (explain) 4. Size of proposed building 65' front; 281 feet deep Height: 2 stories; 28 feet. (a) Approximate date of erection As soon as possible. (b) Occupancy or use (of each floor) Residential (c) Type of construction Wood frame 5. Size of Existing Building: feet front; feet deep Height: stories feet. (a) hpproximate date of erection Not Applicable (b) Occupancy or use (of each floor) (c) Type of construction r 6. Fas there been a previcus application for a Special Permit from the Planning Board on there premises? No If so, wle 7. Description of purpose for which Special Permit is sought on this petition: Constructicn of a single family dwelling and associated structures, including a subsurface disposal system on a Form A lot on Bridle Path. The proposed construction is within 100 feet of a wetland tributary. However, neither the construction or alteration will extend into the wetland area. The wetland boundary was determined by the North Andover Conservation Ccrmnission in their Orders of Conditions urx3er D.E.Q.E. 4242-17 dated January 20, 1977. (over) $. Deed recorded in the Registry of Deeds in Book 1557 Page B7 or Land Court Certificate No. Book Page . 9. The principal points upon which I base urq application are _follows: (must be stated in detail) The proposed construction will allow the utilization of the land in conformance with its main land use designation with minor environmental effects. The subsurface disposal system design and construction will conform to both local and state sanitary requirements for construction on this lot. Havbale erosion checks will minimize erosion and siltation. I agree to pay for advertising in newspaper and postage fee for mailing legal notices ` "Parties_ }n inter t*'. -- v� `YUL C Petitioner's signature) HenryQKucbarzTrustee _ Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communicatigh purporting to be an. application shall be treated as mere notice of intention to.-.:seep: relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith- standing that the land of any such owner is located in another city or town, the PlW- ning Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTMEST NAME ADDRESS Hefco Realty Trust, 23 Arlington Street, Lowell, MA 01854- Anthony 1854 Anthony and Ellen Foresta, 33 Highwood way, North Andover, MA 01845 . J. S. Marquez, 225 Bridle Path, North Andover, MA 01845 - . - - - chase-Franz Realty Trust, 245 Bridle Path, North Andover, MA 01845 David arra Margaret Kealler, 257 Bridle Path, North Andover, MA 01845 Janes H. and Barbara B. Hannon, 236 Bridle Path, North Andover, MA 01845 Melrose Investment Trust, c/o Vincent Fantasia, 7 Interval Terrace, Reading, MA 01867 Helen R. and H. Michael Smolak, 315 Bradford Street, North Andovejr, MA 0.1845 ADD ADL TIC.;AL '11E12S, IF 1 NESS%.RY.