HomeMy WebLinkAboutDECISION (2) Town of North Andover pORTH
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OFFICE OF
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COMMUNITY DEVELOPMENT AND SEIZVI E BRAD
TOWN CLE
27 Charles Street NORTH AMDO
North Andover, Massachusetts 01845 9SSgcHUS���y
WILLIAM J. SCOTT 2000 APR 21 A 9
Director
(978)688-9531 NOTICE OF DECISION Fax (978) 688-9542
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the Office of the Town
Clerk.
Date: April 19, 2000
Date of Hearing: April 18, 2000
Petition of Victor Hatem Trustee of the October Lane Trust
Premises affected 475 Dale Street
Referring to the above petition for a Subdivision from the requirements of the
Zoning Bylaws Section 4.133 and 10.3
so as to allow for the construction of a single family residence in the Watershed Protection
District
After a public hearing given on the above date, the Planning Board voted
to RE-ISSUE THE DENIAL OF the Special Permit
REASON: Parties of Interest were not properly notified of original decision as
required under MGL Chanter 40A.
based upon the following conditions:
Signed
CC: Director of Public Works Alison Lescarbeau, Chairman
Building Inspector
Natural Resource/Land Use Planner John Simons,Vice Chairman
Health Sanitarian
Assessors Alberto Andes,Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Richard S.Rowen
Towns Outside Consultant
File William Cunningham
Interested Parties Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
11/23/99
475 Dale Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Victor L. Hatem, Trustee of the
October Lane Trust, 127 Turnpike Street, North Andover, MA 01842, December 4, 1998, requesting a Special
Permit under Section 4.133 and 10.3 of the Zoning By-Law in effect on December 26, 1984 to construct a single
family residence in the Watershed Protection District.
FINDINGS OF FACT:
In accordance with Section 10.31 of the Zoning Bylaw in effect on 12/26/84,the Planning Board as the Special
Permit Granting Authority shall not approve any application for a Special Permit unless it finds that in its
judgment all of the following conditions are met::
1. 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 49' from the edge of a tributary as defined in the 1984 Zoning Bylaw.
There is also a tributary on the adjacent side of the proposed home located approximately 50' from the proposed
home. The subdivision decision dated December 16, 1985 for Coventry Estates,which is the subdivision within
this lot(lot 41) is located, states that"the portion of the subdivision fronting on Dale Street, specifically Lots 1
through 5 that is within 100 feet of the wetland tributary, may have restrictions imposed rendering these lots
unbuildable". [Condition 93] This note signifies that the lot is one of which the Planning Board had concerns
with back in 1985. And, in fact, this lot has the most substantial potential wetland impacts of all of the lots
mentioned.
2. The use 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 49' and approximately 50', respectively, from
the edge of the tributary (which is a key resource recharge area for the Town's water supply); thus a sufficient
buffer has not been preserved to protect the tributary from the erosion of soil. The proposed site grading and
construction of the lawns are even closer to the tributary than the house construction, the closest point on each
side being approximately 31' and 27' from these tributaries. It is dubious that this erosion control and limit of
work could be achieved without infringing upon the 25' no-cut buffer zone which is to be maintained from the
edge of all tributaries in the watershed, mandated by Section 4.133(3)c of the 1984 Town of North Andover
Zoning Bylaw.
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
The Board finds that the construction of the single family home would not provide a nuisance or serious hazard to
vehicles or pedestrians;
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11/23/99
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use;
The 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,due to the fact that there are tributaries on both sides of the proposed
construction and that the proposed erosion control and limit of work are in such close proximity to the 25'no cut
buffer zone. Given the relatively limited upland on the lot,there is no assurance that future activities on the site
(e.g. lawns,disposal of clippings,ancillary structures,etc.)would not encroach on the 25'buffer zone.
5. 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 this bylaw.
The Watershed Protection District was specifically established to protect the quality of North Andover's water
supply. 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 protect 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: Site Plan of Land in North Andover,MA
Drawn for Attorney Peter Hatem
127 Turnpike Street
North Andover,Massachusetts 01845
Prepared by: Merrimack Engineering Services,Inc.
66 Park Street
Andover,MA 01880
Scale: 1"=20'
Date: June 29, 1999
Sheet: 1 of 1
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