HomeMy WebLinkAboutDecision - 250 BRIDLE PATH 6/5/1998 Town of North Andover 04 ORTH
OFFICE OF
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COMMUNITY DEVELOPMENT AND SERVICES - .00
30 School Street
North Andover,Massachusetts 01845
MU AM J. SCOTT SACHUS
Director
NOTICE OF DECISION
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Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town rrp 7, �
Clerk.
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Date June 5, 1998
Date of Hearing 3/17/98, 4/21/98, 5/19/98,
6/2/98
Petition of Henry lucharzyk
Premises affected Lot 20 A Bridle Path
Referring to the above petition for a special permit from the
requirements of the North Andover Zoning Bylaw Section 4.133 (watershed protection
di-strict)
so as to allow to construct a single family residential dwelling within 100 linear feet
horizontally from the edge of the tributary to Lake Cochichewick
After a public hearing given on the above date, the Planning Board
voted to Deny the Watershed - Special Permit
based upon the following conditions:
Signed
CC: Director of Public Works Richard S.Rowen, Chairman
Building Inspector
Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman
Health Sanitarian
Assessors John Simons, Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Joseph V. Mahoney
Towns Outside Consultant
File Planning Board
Interested Parties
CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 - PLANNING-(978)688-9535
*BUILDINGOFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 - *146 MAIN STREET
Lot 20A Bridle Path
Special Permit- Watershed Protection District
The Planning Board makes the following findings regarding the application Henry Kucharzyk,HEFCO
Realty Trust,P.O. Box 1701,Lowell,MA 01853,dated January 29, 1998,requesting a Special Permit
under Section 4.133 of the North Andover Zoning by-law in effect in on August 1, 1979, to construct
a single-family dwelling within 100' of a tributary to Lake Cochichewick.
FINDINGS OF FACT:
Based upon an opinion from Town Counsel, Lot 20A is a grandfathered lot under Paragraph 4 of
Section 6 of M.G.L. c. 40A. Therefore the North Andover Zoning By-law adopted in 1979 applies to
this lot.
In accordance with Section 10.31 of the North Andover Zoning Bylaw in effect in 1979, the Planning
Board as the Special Permit Granting Authority shall not approve any application for a Special Permit
unless it finds that in its judgement all the following conditions are met:
A. The specific site is an appropriate location for such a use, structure or condition;
The Board finds that this specific site is not an appropriate location for the construction of a single
family home, and driveway as the home is located only fifty feet from the edge of the tributary as
defined in the 1979 Bylaw. The applicant made no attempt to seek a variance from the Zoning Board
of Appeals to place the home closer to the street and adjacent lot to move the home further away from
the tributary.
B. The use as developed will not adversely affect the neighborhood;
The Board finds that the use as developed will adversely affect the neighborhood. One of the primary
sources of elevated suspended solids, nutrient, and bacteria concentrations in the Lake is the erosion of
soils in areas of new construction. The construction proposed for this site is only fifly feet from the
edge of the tributary, a sufficient buffer has not been preserved to protect the tributary from the erosion
of soil.
C. Adequate and appropriate facilities will be provided for the proper operation of the proposed use;
The Planning Board finds that adequate and appropriate facilities have not been provided for the
proper operation of the proposed use. Sufficient information has not been provided demonstrating that
the operation of the proposed use will properly protect the Watershed.
D. The Special Permit Granting Authority shall not grant any Special permit unless they make a
specific finding that the use is in harmony with the general purpose and intent of the North
Andover Zoning By-law.
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The Planning Board finds that the use is not in harmony with the general purpose and intent of the
North Andover Zoning Bylaw as all feasible steps to protest the Watershed have not been taken.
CONCLUSION:
The Planning Board finds that this project does not meet the above referenced conditions therefore the
Board herein denies this request for a special permit.
The following plan shall be deemed a part of this decision:
a) Plan titled: Plan of Land located in North Andover,Mass
Prepared for: Henry Kuckarzyk
Scale: 1"=40'
Prepared by: Christiansen& Sergi
160 Summer Street
Haverhill, MA 01830
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
,Engineer
File
Lot 20A Bridle Path-Watershed
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