HomeMy WebLinkAboutApplication - 250 BRIDLE PATH 1/29/1998 EXHIBIT
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Pursuant to 4.133 of the By-Law in effect on August 1, 1979
Please type or print clearly. (See attached Memorandum)
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1. Petitioner: Henry Kucharzyk
Address: HEFCO Realty Trust, P. 0. Box 1701 Lowell MA 01853
Telephone number: (978) 454-9993
2. Owners of the Land: SAME AS ABOVE
Address:
Telephone number:
Number of years of ownership:
If applicant is not the owner, please state interest in property:
3. Request for a Special Permit under Section 4.133 of the North Andover Zoning
Bylaw to ^ f- , ct a ci ngl a fami l y .dwel 1 i nu an rnrnnerty within 100-Feet
of a tributary to Lake Cochichewick
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Attached Memorandum in Support ^f Petitinnpr's
Application for Special Permit
4. Location of Property:
Zoning District: R-1 Watershed District
Assessors: Map: 104C Lot #: 82
I Registry of Deeds: Book #:: 1557 Page#::. 86
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5. Existing Lot:
Lot Area(Sq.Ft.): 57,935 Building Height:' N/A
Street Frontage: 72.99 Side Setbacks: NIA
Front Setback: N/A Rear Setback: N/A__
Floor Area Ratio: N/A Lot Coverage: N/A
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6. Proposed Lot (if applicable):
Lot Area(Sq.Ft.): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
7. Required Lot (as required by Zoning Bylaw):
Lot Area (Sq.Ft.): 65,340 Building Height: 35
Street Frontage: 175 Side Setbacks: 39
Front Setback: :3n Rear Setback: 20
Floor Area Ratio: N/A Lot Coverage: N/A
8. Existing Building (if applicable):
Ground Floor (Sq. Ft.): 9 of Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
9. Proposed Building:g SEE ATTACHED PLAN EXHIBIT J
Ground Floor(Sq. Ft.): # of Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
10. Has there been a previous application for a Special Permit from the Planning Board on
these premises? If so, when and for what type of construction ?
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IL Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form
of the Planning Board. Every application shall be tiled with the Town Clerk's Office. It
shall be the responsibility of the petitioner to furnish all supporting documentation with
this application. The dated copy of this application received by the Town Clerk or
Planning Office does not absolve the applicant from this responsibility. The petitioner
shall be responsible for all expenses for filing and legal notification. Failure to comply
with application requirements, as cited herein and in the Planning Board Rules and
regulations may result in a dismissal by the Planning Board of this application as
incomplete. HENRY KUCHARZYK,
By His Attorney
Petitioner's Signature: Ps 1,,t'�°, ,,
Print or type name here: Michael P. McCarron
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Owner's Signature:
Print or type name here:
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TOWN OF NORTH ANDOVER
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SUBJECT PROPERTY
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DATE:
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EXHIBIT
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081497am
PROPOSED PUBLIC HEARING NOTICE
A public hearing will be held on (DATE) at (TIME) at (PLACE) to hear the
application of Henry Kucharzyk, Trustee of Hefco Realty Trust for a Special Permit in
accordance with the provisions of Section 4.133 of the North Andover Zoning By-Law in
effect as of August 1, 1979, in order to construct a single-family residential dwelling within
100 linear feet horizontally from the edge of the tributary to Lake Cochichewick. The
property is Lot 20A on Bridal Path Road and shown on Assessor's Map 104 as Lot 82.
KUCHARZYK.814 081497am
EXHIBIT
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TABLE OF REVISIONS
REVISED ZONING BYLAWS OF THE TOWN OF NORTH ANDOVER
MASSACHUSETTS
AMENDMENT # ZONING BYLAW BRIEF TITLE
SECTION
1985/12 4. 135 (4) LAKE COCHICHEWICK AMEND.
1985/13 4. 135 (2) (a) WATERSHED DISTRICT
1985/15 2.65 SPGA DEFINITION AMEND.
1985/20 4.11 (5) GENERAL PROVISION
1985/21 2. 29 .1 DAY CARE CENTER
1985/23 ALL DIST. DAY CARE CENTER
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1985/24 7 .4 . 1 LOT WIDTH
1985/25 2. 30 . 1 DEFINITION OF DRIVEWAY
1986/13 4 .2 - ESTABLISHED PHASED DEV.
1986/15 10. 13 PENALTY FOR VIOLATION I
1986/16 7 .1 CBA REQUIREMENTS
1986/17 4 . 121 (a) (b) PUBLIC/PRIVATE EDUCATION
1986/18 ALL DIST. MUNICIPAL BUILDINGS
1986/100 4 . 121 (6) (a,d,e)SALE OF AG. PRODUCTS
1987/8 TABLE 2 R-1 DIST. LOT AREA CHANGES
1987/10 8 .5 ESTABLISHED PRD
1987/11,28 8 .3 (1) STANDARDS FOR SITE PLAN
4 . 123 ESTABLISHED VR DISTRICT
1987/12 8.4 ESTABLISHED LANDSCAPE STD.
8 .1 (13) PARKING IN VR DISTRICT
4.128 ESTABLISHED VC DISTRICT
1987/14 TABLE 1 DELETED "HELISTOP"
1987/16 3.4 ESTABLISHED HISTORIC DIST.
1987/20 2. 38 .1 DEF. FLOOR AREA, GROSS
(8) Premises of a bank, post office, telephone ex-
change or telephone business office, local bus
passenger station, or business office buildings.
By Special Permit, an automobile service and
filling station, a diner, a restaurant, a retail
food store, but no other retail stores of any
kind.
(9) Warehousing and wholesaling.
(10) Lumber or other building materials storage or
sales, fuel storage, or contractor ' s yard, pro-
vided all outdoor uses are enclosed by a fence
of five (5) feet or more in height.
(11) Bus garage.
(12) Any accessory use customarily incident to any of
the above permitted uses, provided that such
use shall not be injurious, noxious, or offen-
sive to the neighborhood.
(13) a) Farming of field crops and row crops, truck
gardens, orchards,- plant nurseries, and
greenhouses.
b) On any lot of at least three (3) acres, the
keeping of not more than three (3) of any
kind or assortment of animals or birds in
addition to the household pets of a family
living on such lot, and for each additional
acre of lot size to nine (9 ) acres, the
keeping of one additional animal or bird;
but not the keeping of any animals , birds,
or pets of persons not resident on such lot.
c) On any lot of ay least ten (10) acres, the
keeping of any number of animals or birds
regardless of ownership and the operation
of equestrian riding academies, stables,
` stud farms, dairy farms, and poultry
batteries.
d) The sale of products raised as a result of
the above uses on the subject land.
__-- (14 ) Day Care Center by Special Permit (1985/23)
4. 135 Watershed District
(1) Purpose:
The Watershed District surrounding Lake Cochich-
ewick, our source of water supply, is intended
to preserve and maintain the filtration and
purification function of the land, the ground
water table, the purity of the ground water and
the lake, to conserve the natural environment
and to protect the public health, safety', and
welfare.
(2) Prohibited Uses :
a) Dumping trash, rubbish, garbage, wood
stumps, peat, junk, or other waste
materials, underground steel storage tanks
for petroleum products shall be prohibited.
(1985/13)
(3) Dimensions and No Build Requirements:
a) Boundaries of the Watershed District are
designated specifically on the certified
North Andover Watershed Map, 1978 , and
are shown on the Zoning Map. These maps
are hereby made a part of this By-Law and
are on file in the office of the Town Clerk.
b) When the Watershed District boundary divides
a lot of record on June 26 , 1978 in one
ownership, all the zoning regulations set
forth in this Zoning By-Law applying to the
greater part by area of such lot so divided
may, by Special Permit, be deemed to apply
and govern at and beyond such Watershed
District boundary, but only to an extent not
more than one hundred (100) linear feet in
depth (at a right angle to such boundary)
into the lesser part by area of such lot so
divided.
c) A no-cut buffer zone shall exist one hundred
fifty (150) feet horizontally from the
annual mean high water mark of Lake Cochich-
ewick and twenty-five (25) feet horizontally
from the edge of all tributaries in the
Watershed.
d) No construction shall occur two hundred
fifty (250) feet horizontally from the
annual mean high water mark of Lake
Cochichewick and one hundred (100) feet
horizontally from the edge of all tribu-
taries. The intent herein is dimensional
and the North Andover Board of Appeals shall
grant variances upon a showing of
substantial hardship owing to the soil,
shape or topography of the land, including
the right to cross such tributaries.
(1985/14)
(4 ) Lake Cochichewick Preservation Amendment 1
(1985/12)
a) Notwithstanding anything contained in this
bylaw to the contrary, no permits shall be
issued for the construction of any new
building, structure, road or driveway or for
earth removal except for the proposed
municipal water filtration plant, within the
Watershed District for a period of three (3 )
years from the effective date of this
amendment to the 1988 Annual Town Meeting.
(1987/29)
b) This amendment shall not apply to any
renovation, alteration, or addition to an
existing building, structure, road,
driveway, or any structure in agricultural
or horticultural use.
C) A use variance may be granted by the Board
Of Appeals for the issuance of a building
permit within this three-year period but not
for a use not otherwise allowed by the
distrist regulations.
4 . 136 Flood Plain District
(1) Flood Plain District
The Flood Plain District is herein established
as an overlay district. The underlying per-
mitted uses are allowed provided that they
meet the Massachusetts State Building Code
dealing with construction in floodplains and
the following additional requirements. The
Flood Plain District includes all special
flood hazard areas designated as Zone A,
Al-30 on the North Andover Flood Insurance
Rate Maps, (FIRM) , and the Flood Boundary
and Floodway Maps, dated June 15 , 1983 , on
file with the Town Clerk , Planning Board,
Conservation Commission, and Building