HomeMy WebLinkAboutDecision - 250 BRIDLE PATH 1/23/2006 NORTH
Town of North Andover
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Office of the Planning DepartmeftE C E lV E D
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North Andover,Massachusetts 018905 JAS 25 fi, ' a3
Lincoln Daley TT
Town Planner 0R(1i
P(978)688-9535 M A S'S
F(978)688-9542
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,fiio
without filing of an:appeal.
Any appeal shall be filed Date R"c:� ucf
within (20) days after the Joyce A.Bradshaw
date of filing this notice in Town Clerk
the office of the Town Clerk.
Date: January 23, 2006
Date of Hearing: Nov. 1, 2005—Dec. 20, 2005
Date of Decision: January 17, 2006
Petition of: Henry Kucharzyk,Trustee-Hefco Realty Trust
P.O. Box 1701
Lowell, MA 01853-1701
Premises Affected: Bridle Path, Lot 20A, North Andover, MA 01845, Assessors Map 104C,
Parcel 82, located within the Residential 1 Zoning District, North
Andover Watershed Protection District,and Conservation Zone.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, Section 4.136.
So as to allow: to construct 3,300 square foot single-family residence, drainage infrastructure, associated grading
work,and landscaping in the Non-Disturbance Zone of the Watershed Protection District.
After a public hearing given on the above date, the Planning Board voted in favor to APPROVE a
Watershed Special Permit for property located within the Watershed Protection District, with
a vote of 4-0 (John Simons abstained)based upon the following conditions:
Lincoln Daley,Town Pl er
Richard Nardella,Chairman
John Simons,Vice Chair
Alberto Angles
Jack Green
Richard Rowen, acting Clerk
cc: Town Departments h.TT ;`
Applicant A Trl,� ,
Engineer
Abutters{ r
Assessor
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Lot 20A Bridle Path
Map 104C, Lot 82
Watershed Special Permit
The public hearing on the above referenced application was opened and closed by the North
Andover Planning Board on December 20, 2005. Attorney Howard Speicher, appeared on behalf of
the petitioner Henry Kucharzyk,Trustee- Hefco Realty Trust.
On January 17,2006,upon a motion made by Alberto Angles and seconded by Richard Rowen,to GRANT a
Watershed Special Permit to construct an 3,300 square foot single-family residence, drainage
infrastructure, associated grading work, and landscaping. The single-family residence is located 20A
Bridle Path, North Andover, Massachusetts, Assessors Map 104C, Parcel 82 and is within the General and
Non-Disturbance Zones of the Watershed Protection District,under the requirements of Section 4.136& 10.3
of the North Andover Zoning Bylaw. This Special Permit was requested by Henry Kucharzyk, Trustee -
Hefco Realty Trust, P.O. Box 1701, Lowell, MA 01853-1701. The applicant submitted a complete
application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North
Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the
FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision.
The Planning Board voted on the motion 4 members in favor and 1 abstention to Approve
the Special Permit. A special permit issued by the special permit granting authority requires a
vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant
has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days
after the date this decision has been filed with the Town Clerk.
Appendix A
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well
as its specific criteria, are met. This decision specifically stated by the Planning Board makes the
following FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby, there will
not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases this finding on the following facts:
a) The proposed Single-Family residence will be connected to the Town sewer and water
systems via Bridle Path Road;
b) A deed restriction will be.placed limiting the types of fertilizers that can be used on the site;
c) The topography of the site will not be altered substantially;
d) The limit of clearing is restricted to the minimum necessary to construct the proposed
Single-Family Residence; and
e) The construction of the Single-Family Residence, draining infrastructure, dry-fieldstone
wall, retaining walls, and utility extensions have been reviewed by the Town's consulting
engineer, Town Planner, and Conservation Department and determined that there will be no
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Lot 20A Bridle Path
Map 104C, Lot 82
Watershed Special Permit
degradation to the quality or quantity of water in or entering a bordering vegetated wetland
or Lake Cochichewick.
2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for
any discharge, structure or activity. The area of land available for construction of a single-
family residence is extremely limited. The single-family residence has been located 50 feet
(50') from the delineated edge of a bordering wetland shown on the plans listed in Condition#9.
Further, the dry-fieldstone wall will be located 25 feet (25') from the delineated edge of a
bordering wetland shown on the plans listed in Condition#9.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes
the following FINDINGS OF FACT:
1) The specific site is an appropriate location for the proposed use as all feasible storm water and
erosion controls have been placed on the site;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
3) No nuisance or serious hazard to vehicles or pedestrians will be introduced by the construction
of the single-family dwelling or its appurtenances;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use. .
Construction of the structure within the parameters set forth in the NACC Order of Conditions
will provide adequate and appropriate use of the house lot;
5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential
1 Zoning District as shown in Table 2 of the North Andover Zoning By-law;
6) The Planning Board also makes a specific finding that the use is in harmony with the general
purpose and intent of the North Andover Zoning Bylaw;
7) The sewer and water lines will be constructed in accordance with the guidelines set forth by the
Division of Public Works;
8) On August 22, 2005, the Zoning Board of Appeals granted a Variance from Section 4,
Paragraph 4.136(3)(c)(ii)(3) and a Dimensional Variance from Section 7, Paragraph 7.1, 7.2,
and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order to allow the
construction of a new permanent structure in the Non-Disturbance Buffer Zone; and
9) On February 23, 2005, the Conservation Commission issued an Order of Conditions for the
construction of a Single-Family dwelling with associated appurtenances, Cultec Recharger 180
HD Chamber Infiltrator, and stormwater structures, catch basin with water quality swale within
the Buffer Zone to a Bordering Vegetated Wetland (BVW), located within the Watershed
Protection District. (File No. 242-1295).
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Lot 20A Bridle Path
Map 104C, Lot 82
Watershed Special Pennit
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following SPECIAL CONDITIONS:
1) The Town Planner shall approve any changes made to the referenced plans in Condition #9.
Any changes deemed substantial by the Town Planner would require a public hearing and
modification by the Planning Board.
a) This project be connected to Town sewer.
b) That a two-foot (2') fieldstone wall be erected.
c) The outlet from the catch basin in the driveway be discharged into a water quality swale
to prevent untreated storm water from directly entering wetland areas.
2) Prior to issuance of a building permit:
a) A performance guarantee bond of three thousand dollars ($3,000) made out to the Town of
North Andover must be posted to insure that the construction, erosion control, measures,
and performance of any other condition contained herein will take place in accordance
with the plans and the conditions of this decision and to ensure that the as-built plans will be
submitted.
b) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner and Conservation Department. Additional erosion control measures as may
be reasonably required at the discretion of Town Planner and Conservation Department
will be added at the applicant's expense.
c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The
applicant shall incorporate this condition as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and
other pertinent site features. This as-built plan shall be submitted to the Town Planner for
approval. The applicant must submit a certification from the design engineer that the site
was constructed as shown on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance
with the approved plan.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the plan referenced in Condition#9.
5) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
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Lot 20A Bridle Path
Map 104C, Lot 82
Watershed Special Pennit
7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
8) This permit shall be deemed to have lapsed after a two-year period from the date January 17,
2006 on which the Special Permit was issued, unless substantial use or construction has
commenced.
9) This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
Plan titled: Site Plan for Lot 20A Bridle Path
In North Andover, MASS
Prepared for: Henry Kucharzyk, Trustee- Hefco Realty Trust
P.O. Box 1701
Lowell, MA 01853-1701
Prepared by: Christiansen&Sergi
160 Summer Street
Haverhill,MA 0 183 0
Scale: 1"=20'
Date: December 14, 2004, Revised January 25, 2005, February 1, 2005, and
November 7, 2005
Sheets: 1 of 1
Report: Roof Infiltration Analysis
Prepared by: Christiansen&Sergi
160 Summer Street
Haverhill, MA 01830
Date: November 7, 2005
Plan titled: Residence for Henry Kucharzyk
Lot 20A Bridle Path
N. Andover, MA
Prepared for: Henry Kucharzyk
P.O. Box 1701
Lowell, MA 01853-1701
Prepared by: G.J. Bruno Associates
Residential Designers
28 Berkeley Road
North Andover, MA 01845
Scale: '/4"= 1'
Date: June 27, 2005
Sheets: A I
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