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Home My WebLink AboutDecision - 11 BEAR HILL ROAD 10/25/1983 MUM <�a �� TOWN OF NORTH ANDOVER MASSACHUSETTS NORiM O f 'S'SACHUSE� NOTICE OF DECISION Date. .Qetober. 25,,, .1983 . . . . . . . . . . . Date of Hearing Sek?tember .26.,. .1983 Petition of P��igh�.� . A1es .bY. .ZacliaY.. Inc s . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .�Qt. ; ,-, agad'A', , , Bear,Hill ,Subdivision , , . . . . . . . , Referring to the above petition for a special permit from the requirements of the . .MOxt$ .AndovQr, Zoning ,Bylaw, , Section, 4.,133 Par;, 3d so as to permit the,„construction, of ,a, single, family, dwelling. and .associated ,structures, within ,100,1, ,of, a ,t.iibutary, .to Lake .Cochichewick: , . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted to gra. . . . . . . . . . . .the . . . .Special, Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: Signed Paul. A. .Heds.trom,. Chairman. . . . . . . . . . . . . . . . . . . . . . . . . Michael ,P;. Roberts : .Vice .Chairman . . . . . . . . . . . . . . . . . . . . . . . John A. James , Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John J. Burke . . . . . . . . . . . . . . . . . . . Erich W. Nitzsche 1Ig� � Board� � � � � � � � 160 Any appeal shall be filed �, . ..`. MUM O O O O within (20) days after the date of filing of this Notice "A TOWN OF NORTH A. N D O v E R in the Office of the Town MASSACHUSETTS Clerk. OCT ?'J j m P'11 '83 w4RT� �tioL Mia Is to certity that two ( )days a M have e1apsW ffom dog of d90W0 filed v r A withow am d 0 OL J yyy, Do PPt�j F AG✓DOM SgCHUS� Town October 25�, 1983 m r Mr . Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 l Re : Lot I - Road A , Bear Hill Subdivision � Special Permit - Watershed District j Dear Mr . Long : I The North Andover Planning Board held a public hearing on Mon - day evening , September 26 , 1983 in the Town Office fleeting Room upon the application of Designer Homes by Zachary , Inc . The hearing was advertised in the North Andover Citizen on Septem- ber 12 and 19 , 1983 and all abutters were notified by mail . The following members were present : Michael P . Roberts ; Vice - Chairman ; John A. James , Jr . , Clerk ; John J . Burke ; and Erich W . Nitzsche. The petitioner seeks a Special Permit under Section 4 . 133 ( d ) of the Zoning By Law which requires a Special Permit to allow con- struction within 100 feet horizontally from the edge of all tri - butaries of Lake Cochichewick . The proposed construction activity is adjacent to but not in a wetland area . The premises is known as Lot 1 - Road A , or Lot 1 - Bear Hill Subdivision and located on the west side of Road A , ;paving a total area of 44 ,400 square feet with 280 . 77 feet of frontage in the Residential -2 ( R-2 ) zoning district . i The construction of the proposed two story , single family , wood frame dwelling will have the following dimensions : 75 feet front ; 28 feet deep ; 28 feet height , including associated structures . At the hearing , the applicant , Designer Homes , testified through his representative Mr . Joseph Cushing of Richard F . Kaminski and Associates , Inc . , the following . The reason for the petition is to permit the construction of the aforementioned single family home within the 100 foot limit to the edge of the wetland , which is a tributary to Lake Cochichewick , the town ' s water supply . The dotted line shown on the site plan denotes the edge of wetland . Lot 1 - Road A , Bear Hi l l Subdi vi sion Special Permit - Watershed District felt' ; �ICtj October 25 , 1983 Page 2 OCT 25 2 3? N On the west side of the stone wall at the rear of the parcel is a brook which flows toward Dale Street and Leland ' s bog . The construction proposed by the applicant will allow the utilization of the land in conformance with its main land use desingation with minimal environmental effects . There is no surface water in the area , and the wetland is considered wet- land due to vegetation type . Mr. Cushing further stated that no siltation or erosion will take place and haybales will be appropriately staked and placed . The road and utilities will be installed prior to house con- struction . The Planning Board requested that the applicant move the dwel.ling closer to the minimum 30 foot front setback to avoid disturbing the land to the rear of the house , the site of the brook , and the wetland . This will minimize any potential adverse effects on the parcel and surrounding neighborhood . It was also discussed by Mr . Cushing that the septic, pump chamber will be moved to the southeast corner of Lot 1 to bring the structure 50 feet from the catch basin , required under Title V regulation 15 . 03 ( 7 ) . The -following members were present and voting at the October 24 , 1983 meeting when the Board rendered- its decision : Paul A . Hed- strom, Chairman ; Michael P . Roberts , Vice Chairman ; John A . James , Esq . , Clerk ; John J . Burke ; and Erich W . Nitzsche . Upon a motion made by Mr . Roberts and seconded by fir . Burke , the Board voted to grant the Special Permit requested , subject to the following conditions : 1 . Only the proposed work shown on plan entitled " Site Plan of Land on Lot 1 , ' Bear Hill ' , North Andover , Mass . " by Richard F . Kaminski and Associates , Inc . , dated September 9 , 1983 , revised September 30 , 1983 , is allowed under this Special Permit . 2 . Upon completion of final grading , a certified "As Built " plan from a Registered Professional Engineer and/or Registered Land Surveyor shall be submitted to the Planning Board for review of compliance with said approved plan . Certification will state that the as ' built' grading and any construction com- plies in all respect to said plan . 3 . No construction shall commence until the Planning Board is in receipt of approval for pumping into the sewer by the Board of Public Works . fs�sa— Lot 1 - Road A , Bear Hill Subdivision Special Permit - Watershed District F" ' -t? October 25 , 1983 Page 3 OCT 25 7 PH f83 4 . Haybales shall be in place and the corners of the house staked and reviewed by the Planning Board prior to con - struction . 5 . The pump chamber specifications shall be forwarded to the Board of Health , along with an "As Built " plan of the tank and pump . 6 . All construction shall comply with the Conservation Commis- sion ' s Order of Conditions , issued on October 13 , 1983 , DEQE File No . 242-212 . 7 . A no-cut buffer zone shall exist 25 feet horizontally from the edge of all tributaries - in the Watershed , according to Section 4. 133 , Par . 3 ( c ) of the Zoning By Lava , unless con - ditioned upon the granting of a variance from the North Andover Board of Appeals , 8 . Any departures from the approved plans and/or conditions will be considered due cause for the recission of this permit granted by the Planning Board . In granting the Special Permit , the Planning Board finds , pursuant to Section 10 . 31 , Conditions for Approval of Special Permits , of the Zoning By Law , that the following conditions are met : a ) The spAci fic site , Lot 1 - Bear Hill , on Road A is an appropriate location for a single family residential use due to the fact that the engineer has demonstrated no material ill effects will occur in the Watershed District from this site development . b ) The residential use permitted in that zoning district will not adversely affect the surrounding residential neighborhood or Watershed , since it is minimizing any impact to the denoted wetland area and brook , and is a continuation of its allowed surrounding residential uses . c ) As a result of the dwelling and ingress /egress being located in the southeast corner of the lot , av:,ay from the Dale Street . intersection , no nuisance or serious hazard to vehicles or pedestrians exists . d ) Adequate and appropriate facilities , such as public water , septic pump chamber , and public sewer , will be provided for the proper operation and occupancy of the proposed residential use . q Lot I - Road A , Bear Hill Subdivision Special Permit - Watershed District f ' October 25 , 1983 'C``� '�' '`FR Page 4 OCT 25 2 31 111th '03 e ) Based on site visits , th.e public hearing process , and review and input by appropriate town boards and departments , the single family use is considered to be in harmony with the general purpose and intent of the Zoning By Law . Sincerely , PLANNING BOARD I - Paul A . Hedstrom , Chairman jw cc Applicant Project Engineer Highway Surveyor Board of Public Works Board of Health Conservation Commission Fire Chief Building Inspector Parties in Interest Recorded Feb-7,1984 at 2: 39PY //2095 i i