HomeMy WebLinkAboutDecision - 29 BEAR HILL ROAD 10/25/1983 P�� { 0 .0000
TOWN OF NORTH AN DOVER
MASSACHUSETTS
of NORTH,�
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NOTICE OF DECISION
Date. . . Actobe.x .25 ,. .1.9.$3. . . . . . .
Date of Hearing .�iGpteAbQ:'. �.6. . 1983
Petition of , . ,Designer, Homes. _by. Zachary , Inc. . . . . . . . . . . . . . • . .
Premises affected LQt. 2. .- ,Road , !A,';,, ,Bear ,Hill ,Subdivision . . , . . . . . . . , .
. . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the . . . . . . . . . .
so as to permit
.assnci.a��d .st-.ruG�ux�S .�o'1-:kk���}. �-D.O.'. .P�. .�.tr�;butaxy„tQ, La]ce,Cochichewick .
After -a public hearing given on the above date, the Planning Board voted
to .9zaP.t . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
Signed
Paul A. _ Hedstrom, .Esq.. . .Chairman
. . . . . . . . . . . . . . . . .
Michael. P... .Roberts � Vice.Chairman
. . . . . . . . . . . . . . . . . . . . . . . .
John A. James , Jr. , Clerk
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
John J. Burke
. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .
Erich W. Nitzsche
. . . . . . . .131anning Board. . . . . . . .
)N fflfl Any Nppeal shall be filed
�� I within (2 0 days after the
date of filing of this No-'ice
T'OWN OF NORTH ANDOVER
t in the Office of the Town
- � MASSACHUSETTS
Clerk.
dCT 25 P 31 PH '83
f NORTH
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,`rS,`C NU SES
October 25 , 1983
Mr . Daniel Long , Town Clerk
Town Office Building
North Andover , Mass . 01845
Re : Lot 2 - Road A , Bear Hill Subdivision
Special Permit - Watershed District
Dear Mr . Long :
The North Andover Planning Board held a public hearing on
Monday evening , September 26 , 1983 in the Town Office Meeting
Room upon the application of Designer Homes by Zachary , Inc .
The hearing was advertised in the North Andover Citizen on
September 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 applicant seeks a Special Permit under Section 4 . 133 ( d) of
the North Andover Zoning By Law which requires a Special Permit
from the Planning Board to allow construction to occur within
100 feet horizontally from the edge of all tributaries of Lake
Cochichewick . The proposed construction activity will be adjacent
to but not in a wetland area . The site is known as Lot 2 - Road A ,
or Lot 2 - Bear Hill Subdivision and is located on the west side
of Road A with a total area of 47 ,443 square feet with 153 . 95
feet of frontage in the Residential -2 ( R-2 ) zoning district .
The construction of the proposed two story , single family , wood
frame dwelling will have the following dimensions : 78 feet front ;
28 feet deep ; 28 feet height ; including associated structures .
Present at the hearing was Mr . Joseph Cushing of Richard F . Kaminski
and Associates , Inc . , representing the petitioner , Designer Homes ,
and provided the following information .
The reason for the petition is to allow the proposed on site con-
struction within the 100 foot limitation to the edge of a wetland
tributary to Lake Cochichewick . A previous Special Permit was
granted , dated January 26 , 1983 for the construction of a 175 ,000
square foot storm water detention pond encompassing Lots 2 through
Lot 2 - Road A Bear Hill Subdivision
Special Permit Watershed District
October 25 , 1983
Page 2 OCT C5 231 P' 1- '83
6 , Road A , Bear Hill .
On the site plan the wetland is denoted as a dotted line . The
tributary to the rear of the parcel on the west side of the stone
wall flows toward Dale Street and Leland ' s bog . The proposed
construction will permit the utilization of the land in con -
formance with its main land use designation with minimal en -
vironmental impacts . There is no surface water in the immediate
area and the wetland designation exists due to vegetation type .
There will be no work on the downslope of Lot 2 . Mr . Cushing
emphasized that there will be continual erosion checks scheduled
to minimize erosion and siltation . Haybales will be placed
beginning at the northern lot line ( contour 198 ) to the southern
lot line ( contour 206 ) and , where required , additionally else -
where . The road and utilities will be installed prior to house
construction .
The Planning Board required that the applicant relocate the dwelling
closer to the minimum 30 foot front setback to increase the
area of no fill to the rear of the property , thereby avoiding
land disturbance near the wetland tributary . Mr . Cushing stated
that he will consider the request and relocate the house 40 feet
from the front lot line and revise the plans .
The following members were present at the October 24 , 1983 meeting
when the Board rendered its decision : Paul A . Hedstrom , Esq . , Chair-
man ; Michael P . Roberts , Vice Chairman ; John A . James , Jr . , Clerk ;
John J . Burke ; and Erich W . Nitzsche .
Upon a motion made by Mr . Roberts and seconded by Mr . James ,
the Board voted to grant the Special Permit requested , subject to
the following conditions .
1 . Only the proposed wort; shown on plan entitled " Site _Plan of
Land on Lot 2 , ' Bear Hill ' , North Andover , Mass . " by Richard F .
Kaminski and Associates , Inc . , dated September 9 , 1983 and
revised September 30 , 1983 , is allowed under this Special Permit .
2 . Upon completion of final grading and construction , 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 con-
struction complies in all respect to said plan .
3 . An Approval Not Required Plan shall be prepared and submitted
to the Planning Board denoting the proposed sewer easement
to be properly recorded at the Registry of Deeds .
Lot 2 - Road A , Bear Hill Subdivision
Special Permit - Watershed District _R
October 25 , 1983 OCT ZJ
Page 3 3I P��i 183
4 . Haybales shall be in place and the house corners staked to
be reviewed by the Planning Board prior to construction .
5 . All construction shall comply with the Conservation Commissions
Order of Conditions , issued September 30 , 1983 , D . E . Q . E .
File No . 242-209 .
6 . 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 Law , unless con -
ditioned upon the granting of a variance from the North
Andover Board of Appeals .
7 . Any deviation 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 of the Zoning By Law , Conditions for Approval of
Special Permits , that the following conditions are met :
a ) The specific site , Lot 2 , Bear Hill on Road A is a suitable
and appropriate location for a single family residential
use due to the facts and information presented by Mr . Cushing
that no environmental ill effects will occur in the Watershed
District from site development .
b ) The on site residential use is a continuation of the permitted
uses in the R-2 . zoning district and will not adversely affect
the Watershed District or any surrounding residential neighbor-
hood . The development is engineered and designed to minimize
impacts to the wetland tributary .
c ) As a result of the ingress /egress being located north of the
Road A loop intersection , no nuisance or serious hazard to
vehicles or pedestrians exists .
d ) Adequate and appropriate facilities , such as public water and
sewer connection , will be provided for the proper operation
and occupancy of the proposed residential use .
e ) Based on site visits , the public hearing process , and review
and input by appropriate town boards and departments , the single
family use in the Watershed District is considered to be in
harmony with the general purpose and intent of the Zoning By Law .
Sincerely ,
PLANNING BOARD
1
Paul A . Hedstrom ,
j
Chairman