HomeMy WebLinkAboutConsultant Review - 250 BRIDLE PATH 2/23/2005 Henry Kuchars:yk, Trustee
Petition for Watershed Special Permit
Lot 20A Bridle Path, North Andover, MA
The petitioner,Henry Kucharzyk has applied for a Watershed Special Permit in
connection with the proposed construction of a single family dwelling on the property at
Lot 20A, Bridle Path. The property is located in an R-1 zoning district and is also in the
Watershed Protection District and a Conservation Zone.
The property is a lot that was created pursuant to an approved subdivision plan
prior to October 24, 1996 and is a lawful prior nonconforming building lot with respect to
area and frontage pursuant to G.L.c. 40A, Section 6. Specifically,the property has 150
feet of frontage and over 57, 000 square feet of lot area,both less than the current
requirements pursuant to a zoning change in 1995.11owever,the property has been held in
separate ownership,not in common with any other adjacent land, since the deed of the
property to the applicant's predecessor in title on August 1, 1979. The property was
conveyed to the applicant by a deed dated January 8, 1982, and recorded January 18,
1982 in the Essex North District Registry of Deeds in Book 1557, Page 86. Accordingly,
although it does not meet the current lot area or frontage requirements, it is not subject to
the 1995 amendments to the lot area and frontage requirements that rendered it
nonconforming with respect to these dimensional requirements.
Since the property was created prior to the October 24, 1994 effective date of the
amended Watershed Protection District,pursuant to Section 4.136.2.f,the nondisturbance
zone from tributaries of Lake Cochichewik or other wetland resources applicable to the
property is one hundred feet. Section 4.136 .3.d.ii(3) of the Bylaw authorizes
construction of a permanent structure within the non—disturbance zone of the Watershed
Protection District(within 100 feet from a wetland resource)provided that a special
permit is issued by the Planning Board after granting of a variance by the Board of
Appeals.
E The Applicant was granted a variance from Section 4, Paragraph
4(136)(3)(c)(ii)(3) of the Zoning Bylaw is order to allow the construction of a new
permanent structure in the Non-Disturbance Buffer Zone by the Zoning Appeals Board in
its decision of August 22, 205. See copy attached.
Further,the applicant has been issued a Order of Condition from the North
Andover Conservation Commission, dated Feb 23,2005 for 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) (se copy attached)
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In addition to the above permit information the applicant offers the following
response to general requirements for obtaining a Special Permit:
1. encouraging the most appropriate use of the land:
This an individual house lot created in a residential zoned area, before the
introduction of the Watershed Protection District. It is similar in size and
configuration to other lots in the neighborhood.
2. preventing overcrowding of land:
A single family residence is within the zoning requirements and consistent to
other lots in this area.
3. conserving the value of land and buildings
Construction of a single family home on this lot will increase its value. Not
allowing the construction will deny the applicant reasonable use of his land.
4. lessening congestion of traffic
Onsite parking is provided for a minimum of two parking places and will have
minimum impact on local traffic of Bridle Path.
5. preventing undue concentration ofpopulation
The addition of the residents associated with a single family home will not present
an undue concentration of population.
6 providing adequate light and air
The house design is consistent with residential homes in the area. See attached
architects sketch.
7. reducing the hazards from fare and other danger
No significant hazard from fire or other danger is associated with the construction
of this house.
8. assisting in the economical provisions of transportation, water, sewerage,
schools,parks and other public facilities.
This house is in an established neighborhood and will not impact public
transportation, sewerage, sewage,parks and other public facilities, except in a
very minor way.
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9. controlling the use of bodies of water, including watercourses
No use of watercourses in proposed with this Special Permit request.
10. reducing the probability of losses resulting from floods
The North Andover Conservation Commission Order of Conditions, #52, and
#64 address the procedure to be followed following a major storm event of 1 inch
of rain or greater,reducing the probability of losses resulting from floods.
11. reserving and increasing the amenities of the Town.
This project will not effect the amenities of the Town.
10.31 Special Permit Authoring conditions:
a. The specific site is an appropriate location for such a use, structure or condition
The area is zoned residential 1, single family houses are permitted.
b. The use as developed will not adversely affect the neighborhood
Adjacent land use is a residential neighborhood.
c. There will be no nuisance or serious hazard to vehicles or pedestrians
No nuisance or serious hazard to vehicles or pedestrians will be introduced by the
construction of this structure and its appurtenances.
d. Adequate and appropriate facilities will be 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.
e. The Special Permit Granting Authority shall not grand 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 Applicant requests that the SPGA find this petition is in harmony with the
general purpose and intent of this Bylaw.
Specific Requirements:
1. Written certification by a Registered Professional Engineer, or other scientist
educated in and possessing extensive experience in the science of hydrology and
hydrogeology, stating that there will not be any significant degradation of the
quality or quantity of water in or entering Lake Cochichewick.
I hereby certify that there will not be any significant degradation of the quality or
quantity of water in or entering Lake Cochichewick as a result of the construction of the
single family house as proposed on the attached plans and the Order of Conditions
issued for this project.
'P�i}l p G. Christiansen, PE,MA #28895
2. Proof that there is no reasonable alternative location outside the Non-Disturbance
Zone,for any structure or activity, associated with the proposed use.
The area of land available for construction of a single family house is extremely
limited. Alternatives which allow the petitioner his rightful use of development of
his property do not exist.
3. Evidence of approval by the AM DEP of any industrial waste water treatment or
disposal system or any waste water treatment of system fifteen thousand(5,000)
gallons per day capacity.
No industrial waster water treatment or disposal system is proposed.
4. Evidence that all on-site operations including, but not limited to, construction,
waste water disposal,fertilizer applications and septic systems will not create
concentrations of Nitrogen in groundwater, greater than the Federal limit at the
downgradient property boundary.
As per Order of Conditions, condition# 75 —Discharge or spillage of pollutants;
476-Prohibition of underground fuels; and#77 use of fertilizers,herbicides and
pesticides are strictly controlled or limited and will survive the issuance of the
COC and remain in perpetuity.
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5. Projections of downgradient concentrations of nitrogen,phosphorus and other
relevant chemicals at property boundaries and other locations deemed pertinent by
the SPGA.
Refer to comments to Item#4.
6 The SPGA and other supporting materials:
The proposed construction will be monitored by The Erosion Control Monitor, and
reports to the Conservation Commission files in a timely manner. Conservation has
issued 17 General Conditions, and 64 Site Specific Conditions pertinent to the
construction of a house and appurtenances on this lot. Every aspect has been
examined and addressed to minimize to the greatest extent possible adverse impact
on the Bordering Vegetated Wetlands and Watershed Protection District.
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Attachments:
1. Notice of Decision, Lot 20A Bridle Path, granting VARIANCE from Section 4,
Paragraph 4(136)(3)(c)(ii)(3) dated August 22, 2005
2. Site Plan—40 scale for Lot 20A,Bridle Path,North Andover,MA by
Christiansen& Sergi, dated 2/4/2005.
3. Order of Conditions for File#242-1295; Bridle path Road, Lot 20A,by North
Andover Conservation Commission, dated 2/23/2005.
4. Site Plan—20 scale, for Lot 20A, Bridle Path,North Andover,MA by
Christiansen& Sergi, dated Feb 1, 2005.
5. Residence for Henry Kuckarzyk, Lot 20A,Bridle Path,North Andover, MA
prepared by G.J. Bruno Associated, dated 6/27/2005.
6. Abutter Listing certified 6/27/2005
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