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Home My WebLink AboutDecision - 41 BEAR HILL ROAD 12/28/1983 PUS l00 0000 TOWN OF NORTH ANDOVER M A S S A C H U SETTS Of NORTh 9 I'.. att.a° e,ti0 9SS�5CHUSE� NOTICE OF DECISION Date.Qe,9PAl1?giv. 28.E .19-8.3 . . . . . . . . Date of Hearing Sel?tember,26s,. 1983 Petition of D,e,signer ,Homes ,by. .ZacharX , Inc. . . , , Premises affected Lqt, 3;Road, ,',A! .,. Bear, Hill. Subdivision. . . . , , . . . , . . Referring to the above petition for a special permit from the requirements of the 1jQ.Vtji. ArldoveK ,Zoning, BXlaw.,, _Section. 4; 133, . Par: . 3d. . . . . . . . . . . . . . so as to permit tie.cons,truction, of ,a, sincJle. .familX .dwelling, and .associated ,aruc, u �s, within ,100,', ,from .the, edge_ of .a, tributary,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 P�u�, A,Hedstrom,,, Chairman. , . Rgber;ts .Vie .Chairman John, A. James . . , . . . . .� John ,J J. _ Burke. . . . . . . . . . . . . . . . . Erich W. Nitzsche 'planning B oarci MUMffl Ahy appeal shall be filed TOWN OF NORTH ANDOVER within (20) days after the M A S S A C H U S E T T S date of filing of this Notice in ,the Office of the Town AEG, 0 T- pORTM Clerk. Of ir�ao ,a 1ti0 c `- O � This is to ' 'Oety , �:,;.o 0, have a d • Ss�cHUS w; ` S T December 28 ,` 1983 AUM Mr . Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Re : Lot 3 - Road A , Bear Hill Subdivision TOM Ole* 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; Joh-n-- J . Burke ; and Erich W . Nitzsche The petitioner -seeks -a Special Permit under Sectio.n _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 within a wetland area . The premises is known as Lot 3 - Road A , or Lot 3 - Bear Hill Subdivision , and is located on the West side of Road A , having a total area of 47 ,706 square feet with 150 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 : 75 feet front ; 28 feet deep ; 28 feet height , including associated structures . At the public hearing , the applicant , Designer Homes , testified through his representative Mr . Joseph Cushing of Richard F . - Kamin- ski -and Associates , Inc . the following . The purpose for which this Special Permit is sought upon this application is to permit the construction of the previously des - cribed single family home and associated structures within 100 feet of a wetland tributary to Lake Cochichewick , the town ' s Lot 3 - Road A , Bear Hill Subdivision S p e c i al Permit - Watershed District ` - November 8 , 1983 Page 2 AFC �� l.8 �i3 water supply . The dotted line shown on the referenced site plan denotes the wetland boundary determined by the landowner and the Department of Environmental Quality Engineering on May 25 , 1982 . ' To the west side of the stone wall the rear property line is a wetland tributary which flows toward Dale Street and the Leland bog . Although construction will occur within the 100 foot limi - tation , there will be no mitigating devices within that designated area . The construction as proposed by the applicant will permit the utilization of the land in conformance with its main land use designation -with minimal environmental effects . There is no sur- face water in the area , and the wetland was determined due to the type of vegetation evident on the parcel . Mr . Cushing further stated that no siltation or erosion will occur as a result of on site development , and haybales will be appro- priately placed beginning at the northwest corner of the dwelling (211 contour) and extended to the southern property line ( 205 con- tour) and wherever else deemed necessary by the Planning Board . The road and utilities will be installed prior to house construc- tion . Only the work permitted under the granted Special Permit dated -January 26 , 1983 _011 be allowed in the rear of said parcel . All- other work -is governed by this Special Permit . The Planning- Board---requested -that the appl i cant relocate 'the -dwe-1=l-i ng closer -to _the minimum 30 -foot--front setback to avoid ,disturban-ce of=--land -on the -downsl.ope, side of said lot , the site of the - brook and wetland . This -wi ]-1 eliminate potential adverse effects on the parcel to surrounding - land owners , and to Lake Cochichewick . The revi-sed plan shall reflect this request . The fol-lowing members . were present and voting at the December 27 , 1983 Planning Board meeting when the Board rendered its decision : Paul A . Hed-strom , Chairman ; 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 . Nitzsche , the Board voted to grant - the Special Permit requested , subject to the following conditions ; 1 . Only the proposed work shown on the plan entitled "Site Plan of Land on Lot 3 , =-' Bear -Hill ' North Andover , Mass . . " by Richard F . Kami_nski - and Associates , - Inc . , dated September 9 , 1983 , revised September 305 1983 , is allowed under this Special -.Permit . Lot 3 - Road A , Bear Hi 1 1 Subdi vi s on Special Permit - Watershed District T - November 8 , 1983 !dG" R Page 3 g QEC �tt C CU 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 . Cer- tification will state total compliance in all respect to said plan . 3. All haybales shall be in place and the corners of the house staked and reviewed by the Planning Board prior to construction . 4 . All construction shall comply with the Conservation Commission ' s Order of Conditions , issued on October 135 1983 , DEQE File -No . 242-210 . 5 , An Approval Not Required Plan shall be submitted to the Planning Board denoting all easements located on Lot 3 to be recorded at the Registry of Deeds . 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 conditioned upon the granting of a variance from the North Andover Board of Appeals . 7 . Any departures from the approved plans. and/or condit=ions will be consi_dere.d -due cause for the -recissi-on -of- thi-s 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 that the following Condit-ions -are met : a . The specific site , Lot 3 - Bear-- Hill , on Road -A is an appro- priate =location -for a single family residential -use in the -- Watershed , due to the fact that the engineer and environmental biologist have- ful l-y- demonstrated- that - no contamination of the water supply or disruption - of the Watershed District will .occur from site development . b . The residential use permitted in the R-2 zoning district will not adversely affect the surrounding residential neighborhood or Watershed , since the applicant is taking the necessary pre - cautions to minimize any impact to the wetland and brook.; and is a continuation of -its allowed surrounding residential use . C . As a result- -of the ingress/egress being- located-i:n the- south- east corner of the lot , away from the loop intersection of Road A to the east , no nuisance or serious -hazard- to vehicles or pedestrians exists . d . Adequate and appropriate facilities , such as public water and Lot 3 - Road A , Bear Hill Subdivision S p e c i a 1 Permit - Watershed District November 8 , 1983 V1 08 pEc sewer , 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 is considered to be in harmony with the general purpose and intent of the Zoning By Law . Sincerely , PLANNING BOARD p.t'j—, 10. 11-6-14m � Paul A . Hedstrom , Chairman jw cc Applicant Project Engineer Highway Surveyor Board of Public Works Board - of Health Conservation -Commission Fire -Chief Bui-1 di ng-I-nspector Parties , -i.n Interest D E-QE Recorded Feb.'],1984 at 2:39r-TJ jX2096