HomeMy WebLinkAboutAPPLICATION (5) TOWN OF NORTH ANDOVER
REQUEST FOR LEGAL SERVICES
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Town Manager
Town of North Andover of "ORTH
OFFICE OF ryf4 t a O L
COMMUNITY DEVELOPMENT AND SERVICES
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146 Main Street 4qTfD fP`y�y
KENNETH R.MAHONY North Andover,Massachusetts 01845 9SSAC HUSE�
Director (508) 688-9533
Memorandum
To: Joel Bard, Esq.
From: Kathleen Bradley Colwell, Town Planner 10r.
Date: November 15, 1995
Re: Lot 1 Dale Street - Watershed Special Permit
This lot was created as part of a subdivision approved on December
16, 1985 . The plans were endorsed on March 24, 1986. The property
was the subject of litigation with the Conservation Commission from
May 1991 until May 1995. The owners have now applied to the
Planning Board for a Watershed Special Permit. (Apparently an
application was submitted to the Planning Board in 1991 but it was
withdrawn) The history and circumstances surrounding this lot are
very similar to Lot 15 Carriage Chase. (Wilner v. Planning Board)
The first question surrounding this permit application is which
Zoning Bylaw applies to this lot ie. 1995 or 1985?
The second question involves guidance on what authority the Board
has to restrict building/ lawn on this lot given the fact that
there is no upland area that is outside of 100 ' from a wetland.
(The very same issue as Wilner) .
Please see the attached information provided by the applicant. The
public hearing for this application is scheduled for December 19 .
I need an answer before the meeting, preferably by Friday December
15.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
TOWN OF NORTH ANDOVER
MASSACHUSETTS
PLANNING BOARD
APPLICATION FOR SPECIAL PERMIT
7 NOTICE: This application must be typewritten
Victor L. Hatem, Trustee 127 Turnpike Street
Applicant: of October Lane Trust Address: North Andover, MA 01845-5095
1. Application is hereby made
(a) For a Special Permit under Section , Paragraph
of the Zoning Bylaw.
2 . (a) Premises affected are land X and buildings
numbered Lot #1, Dale Street. (House number 475)
(b) Premises affected are property with frontage on the
North South X East West side of
Dale Street, known as No. 475 Dale
Street.
(c) Premises affected are in Zoning District R-1 and
the premises affected have an area of 43,874 sq. ft.
and frontage of 150.00 feet.
3 . Ownership:
(a) Name and Address of owner (if joint ownership, give all
names) . peter L. Hatem, Trustee of the October Lane Trust
177 Tiirntnike St North Andover MA 01845
Date of purchase Previous owner
(b) If applicant is not owner, check his interest in the
premises:
I Prospective purchaser Not Applicable
Leasee
Other (explain)
4 . Size of proposed building: 32 feet front: 59.3 feet deep
Height: 2 stories: feet.
(a) Approximate date of erection after permits are obtained
(b) Occupancy or use (of each floor) singe ±amiiy residence
I (c) Type of construction wood frame
5 . Size of Existing Building: N/A feet front: feet deep
Height: stories feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
6 . Has there been a previous application for a Special Permit
from the Planning Board on these premises?
If so, when January 28, 1991 (withdrawn at the Board's request)
7 . Description of purpose for which Special Permit is sought on
this petition: to construct a single-family residence in the Water-
shed Protection District
8 . Deed recorded in the Registry of Deeds in Book Page
or Land Court Certificate No. N/A Book Page
9 . The principal points upon which I base may. application are
as follows: (must be stated in detail) .
See Attached
I agree to pay for advertising in e postage fee for
mailing legal notices to "Parties
(Petitioner I s -Signature) Victor L. Hatem,
Trustee of the October Lane Trust
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication supporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein.
Every application shall be submitted with a list of "Parties in
Interest" which shall include the petitioner, abutters, owners of
land directly opposite on any public or private street or way and
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recent applicable
tax list, notwithstanding that the land of such owner is located
in another city or town, the Planning Board of the Town and the
Planning Board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAMES ADDRESS
See Attached List
Add additional sheets if necessary
Any question should be directed to the Planning Office
A1 . 2
Principal Points upon which Application is Based
This lot was created in 1985 as part of the Coventry
subdivision. A preliminary subdivision plan was filed in May,
1985 . The definitive subdivision plan was approved by the
Planning Board on December 16, 1985 . The Planning Board endorsed
the plan on VOWLYN 2.Lk , 198fp
The property was subject of litigation with the North
Andover Conservation Commission which began in May, 1991. The
litigation concluded in Essex Superior Court in May, 1995 . The
Conservation Commission's appeal of a Superseding Order of
Conditions issued by the Department of Environmental Protection
(DEP) is pending, but the issue is expected to be resolved along
the same terms as that of the Superior Court litigation.
The lot is subject to the provisions of the zoning bylaw in
effect when the preliminary subdivision plan was submitted. The
eight-year zoning freeze provided by MGL c. 40A s . 6, and MGL
c .41 s . 81Q, is extended by the period of any litigation
involving the right to develop the property.
Under the zoning bylaw in effect in 1984 , no construction is
to take place within one hundred ( 100 ) feet horizontally from the
edge of tributaries of Lake Cochichewick except by special
permit.
The applicant believes that the current plan meets the
conditions for a special permit listed in Section 10 . 31, par. 1,
Items a. through e. , of the 1984 bylaw. Specifically, the
single-family home proposed for the site is :
a. An appropriate location for the residential use proposed;
b. Will not adversely affect the neighborhood;
c . Will not be a nuisance or serious hazard to vehicles or
pedestrians .
Further,
d. Adequate and appropriate facilities will be provided for
the proper operation of the proposed use, viz . , the dwelling will
be connected to town water and the site is sewered; and
e. The proposed single-family dwelling is in harmony with
the general purpose and intent of the bylaw.
Enclosed with this application is a Water Quality and
Quantity Evaluation report from William R. Arcieri, Senior Water
Quality Scientist of Normandeau Associates . He concludes in the
report that there will not be " . . .any adverse effect on the water
quality of Lake Cochichewick as a result of the finished
project. "
The primary water quality concerns associated with this
project relate to nutrients, particularly phosphorus and
nitrogen, potentially contributed from various sources . Mr.
Arcieri's report contains a detailed explanation of how each of
these added nutrients will be handled.
Further, under the North Andover Conservation Commission's
Order of Conditions, soil erosion measures , including the
required hay bale/silt fence barrier should be more than
adequate, given the reduced amount of disturbed area.
An earlier application to the Planning Board for a special
permit contemplated a house with a footprint, seventy ( 70 ) feet
wide by thirty-four ( 34 ) feet deep. The house was oriented across
the lot, reaching toward each of the wetlands.
The current proposal--which has been approved by the
Conservation Commission --is for a structure with far less
impact. It calls for a footprint only thirty-two (32 ) feet wide
by fifty-nine (59 ) feet deep.
Other lots in Coventry have obtained special permits for the
construction of single family homes within one hundred ( 100) feet
of a lake tributary. [See special permits granted for Lots 2A
and Lot 3A]
Moreover, at least twenty-six (26) special permits for
construction of single family dwellings within 100 feet of a
tributary of Lake Cochichewick or a wetland in the Watershed
Protection District have been granted by the Planning Board from
1982 to the present, many substantially closer to the lake or a
major tributary.
G208032
N NORMANDEAU ASSOCIATES
ormandeau Associates
25 Nashua Road
Bedford, NH 03110-5500
(603)472-5191
(603)472-7052(Fax)
July 20, 1995
Atty. Peter Hatem
127 Turnpike Street
North Andover, MA 01845
RE: Lake Cochichewick Watershed Protection District;
Proposed Lot Development at Lot #1, Dale Street
Water Quanity and Quality Evaluation
Dear Atty. Hatem,
This letter report represents a Water Quality and Quantity
Evaluation associated with the above-referenced project consistent
with the Special Permit requirements for proposed developments
within the Town' s Watershed Protection District. The purpose of
this Evaluation was to assess whether the proposed project would
have a significant negative effect on the water quality of Lake
Cochichewick. In performing this evaluation, Normandeau Associates
reviewed the proposed site plan(dated April 12 , 1995) , conducted a
site visit, reviewed the Order of Conditions prepared by the North
Andover Conservation Commission(NACC) as well as the revised
Watershed Protection Bylaw(Oct. 24, 1994) and the Lake Cochichewick
Watershed Plan(IEP, 1987) .
The proposed project consists of constructing a residential
dwelling on a one acre lot located on Dale Street which is in the
upper headwaters of the Batell ' s Brook subwatershed. The site is
about 1. 3 miles from Lake Cochichewick as the stream flows. Runoff
generated within the property drains into bordering vegetated
wetland along the eastern and western edges of the property which
outlet into a large wetland area on the other side of Dale Street
and then eventually into Batell ' s Brook. Soils onsite in the upland
areas have been mapped as part of the Canton-Charlton complex which
are described as a well-drained soils with relatively low runoff
potential (SCS, 1981) . The backside or southerly edge of the
property essentially coincides with the major drainage divide
between the Lake Cochichewick and the Fish River watersheds.
The Batell ' s Brook subwatershed consists of 368 acres which
make up 13 . 4 percent of the total watershed to the Lake (IEP.
1987) . At the time the Watershed Plan was developed, the principal
land uses within the subwatershed consist of forested, residential,
and pasture areas which comprise roughly 47 , 26 and 14 percent of
the subwatershed area, respectively. Without accounting for any
additional residential development that occurred in recent years,
the proposed project, using the entire lot area, would add about
1. 0 percent to the total residential area within the subwatershed.
Corporate/Northeast RMC Environmental Services Southeast and California
Bedford, NH Middleboro, MA Spring City, PA New Ellenton, SC
Hampton, NH Peekskill, NY Drumore, PA Greenville, SC
Yarmouth, ME Lakewood, NJ Brattleboro, VT Richmond, CA
A division of Thermo Process Systems Inc.a Thermo Electron companv -
NORMANDEAU ASSOCIATES
page 2
As shown on the site plan, only about 15 percent of the lot
area or 6 , 500 sf will be disturbed to accomodate the structure
footprint(1, 613 sf) , paved driveway(1, 200 sf) and associated
grading. The house will be connected to the municipal sewer system
through a new force main that will be installed along the north
side of the Dale Street right of way and will tie into the existing
sewer main several hundred feet east of the site.
The primary water quality concerns associated with this
project relate to the added nutrients, particularly phosphorus and
nitrogen, potentially contributed from various sources. Phosphorus
is of concern because of its effect on the eutrophication process
in the Lake. Nitrogen, in the form of nitrate-nitrogen, can be of
concern if drinking water contains levels above 10 mg/l. Since a
septic system is not required with this home development, one
principal source of nutrients has been eliminated. The remaining
sources relate to the potential nutrient contributions from lawn
fertilizer and soil erosion.
Based on water quality sampling results presented in the
Watershed Plan, the annual phosphorus inputs from the Batell's
Brook watershed is estimated to be 103 pounds (lbs) or about 8
percent of the total load to the Lake. Based on literature values,
contributions from residential areas are expected to range between
0. 31 and 0 . 54 lbs/acre(IEP, 1987) . Using an average loading rate
of 0 . 4 lbs/ac/yr, the phosphorus load from this site would amount
to about 0 . 4 percent of the total phosphorous contribution from the
Batell's Brook watershed and 0. 03 percent for the entire Lake
watershed. Given the minimal site disturbance, discussed above,
and the lack of septic system inputs, loading from this particular
site would be expected to be considerably lower and would have
negligible impact on the Lake particularly with respect to the
existing residential areas within the watershed.
With respect to nitrogen, the point of concern is not so much
the lake but at the property boundary where groundwater recharged
onsite may enter a well used by an adjacent landowner. The NACC
Order of Conditions requires that only low nitrogen content
fertilizer(i. e. , generally considered to be less than 20 %) can be
used. The nitrogen content in commercially-available lawn
fertilizers generally ranges between 5 and 35 percent depending on
the manufacturer and type of material. As an example, the SCOTTS TM
Turf Builder generally contains 32 percent nitrogen with a
prescribed application rate of about 16 pounds per 5000 sf of lawn
twice a year (Spring and Fall) .
NORMANDEAU ASSOCIATES
page 3
For purposes of estimating a worst-case, nitrate-nitrogen
concentration at the property boundary on a average annual basis,
it was assumed that fertilizer with 35% nitrogen content was
applied four times a year at 16 lbs per 5000 sf. (As discussed
earlier, given the site plan layout only about 3700 sf would be
available for• lawn area after discounting for the driveway and
building area) . This translates into a total application of 22 . 4
lbs of N per year. Most of the applied nitrogen would be utilized
by the vegetation or bound up in the soil. Previous studies have
documented minimal nitrogen losses to groundwater from turfgrass
fertilizer applications (Starr and DeRoo, 1981; Morton et al. ,
1988) . A study conducted at the University of Rhode Island found
that only 13% of the applied N was lost to the groundwater at an
application rate of 28 . 5 lbs/ac/yr and under overwatering
conditons (Morton et al. , 1988) . Again, to provide a conservative
analysis, 50 percent or 11. 2 lbs of the applied N is assumed to
enter the groundwater.
To determine an appropriate dilution volume, it was assumed
that 50 percent of the annual precipitation(i.e. , 43 . 0 inches)
evaporates or is transpired by vegetation, leaving 21. 5 inches to
infiltrate into the groundwater or travel as runoff. The soil in
this area has been mapped as the Canton-Charlton complex, which
consists of well drained soil with relatively low runoff potential
(SCS, 1981) . At a minimum, about 50 percent or 10. 75 inches of the
available water would be expected to infiltrate into the
groundwater. Additional recharge from watering is not included.
As a result, given the assumed loss of applied N and the
estimated groundwater recharge onsite, an average annual nitrate-N
concentration at the property boundary is estimated to be 4. 6 mg/1.
This concentration based on worst-case assumptions is well below
the drinking water standard of 10 mg/l. In reality, with a low
nitrogen content fertilizer, as required, a normal application rate
of twice a year and a realistic assumption of plant uptake, the
nitrogen concentrations in groundwater are likely to be a fraction
of the above value that is based on conservative assumptions.
In summary, given the size of the proposed development, its
location within the watershed, the minimal amount of lot
disturbance as presented on the site plan and the results of the
nutrient loading analyses discussed above, I would not anticipate
any adverse effect on the water quality of Lake Cochichewick as a
result of the proposed project. With respect to soil erosion
measures, I find that the proposed hay bale/silt fence barrier
should be more than adequate given the amount of disturbed area
proposed, provided the barrier is installed properly and maintained
until vegetation is re-established.
NORMANDEAU ASSOCIATES
Page 4
REFERENCES
IEP, Inc. 1987 . Lake Cochichewick Watershed Plan. Final Report.
North Andover, Massachusetts.
Morton, T.G. , A.J. Gold, W.M Sullivan. 1988 . Influence of
Overwatering and Fertilization on Nitrogen Losses from Home
Lawns. Journal of Environmental Quality, Vol. 17 , No. l.
Starr, J.L. and H. C. DeRoo. 1981. The Fate of Nitrogen Fertilizer
Apllied to Turfgrass. Crop Science, Vol. 21.
U. S. Soil Conservation Service. 1981. Soil Survey of Essex County,
Massachusetts, Northern Part.
If you have any questions, please do not hesitate to call me.
Sincerely,
NORMANDEAU ASSOCIATES
William R. Arcieri
Senior Water Quality
Scientist
cc: Steve Stapinski, Merrimack Engineering
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
Map Lot Name Address
64 147 October Lane Trust North Andover, MA
ABUTTERS
64 9, 18 , 20 Town of North Andover 120 Main Street
64 138 Grace I. Torrisi 9 Coventry Lane
64 139 Gina C. Daley 21 Coventry Lane
64 140 Ameen Realty Trust - 33 Coventry Lane
Samuel J. and
Beatrice Ameen, Jr.
64 141 Wollaston B. and 45 Coventry Lane
Pamela E. Morin
64 146 John H. and 10 Coventry Lane
Carol A. Obert
64 145 Duncan I. and 24 Coventry Lane
Barbara MacKay
64 10A Thomas M. and 510 Dale Street
Debra Murphy
64 11 Dennis P. Crowley 490 Dale Street