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HomeMy WebLinkAboutConsultant Review - 250 BRIDLE PATH 1/6/1982 AMINSKI, ELINAS AND ASSOCIATES, INC. ENGINEERS®ARCHITECTS ®LAND PLANNERS®SURVEYORS NORTH ANDOVER OFFICE PARK 418 BRIDGE STREET NORTH ANDOVER,MASS.01845 LOWELL,MASS.01850 TELEPHONE 687.1483 TELEPHONE 453-0395 '.. January 6, 1982 Karen Pomroy Town Planner Town of North Andover Town Hall Main Street North Andover, MA 01845 Re: Hef co Realty Trust Lot 20A Bridle Path Dear Karen: During the Planning Board meeting held January 3, 1982, the Planning Board requested my client to provide the following information: 1. Staking both of the front lot corners and a stake on-line 234 feet back. 2. Provide an on-site bench® 3. Provide the rim and invert elevations for the drain and catch basins adjacent to lot 21B/20A, 4. Stake the corners of the proposed dwelling. 5. Provide spat elevations along the 218/20A lot line in those areas where there have been grading changes from the original grades. As soon as I receive a confirming letter from your office, I will inform my client of your requirements and would expect to be able to provide this information prior to the next Planning Board meeting, i If I can be of further service to you in this matter, please do not hesitate to contact me. i Sincerely, Kaminski, Gelinas and Associates, Inc. �� W MI YN I Wn�wmni ud a^�1 Op�NwiAWW w imw� m I Joseph B.--C- hing ',,-°Environmental Biologist JBC/j t KAM INSKI, GELINAS AND ASSOCIATESINC. ENGINEERS®ARCHITECTS •LAND PLANNERS SURVEYORS NORTH ANDOVER OFFICE PARK 418 BRIDGE STREET NORTH ANDOVER,MASS.01845 LOWELL,MASS.01850 TELEPHONE 687-1483 TELEPHONE 453-0395 November 19, 1982 Mr. Edward W. Phalen Assessor' s office Town Hall Main Street North Andover, MA 01845 Dear Mr. Phalen: Please certify the following abutters to the parcel shown on the enclosed plan: Anthony and Ellen Foresta, 33 Highwood Way, North Andover, MA ,"'j. S. Marquez, 225 Bridle Path, North Andover, MA Le Chase-Franz Realty Trust, 245 Bridle Path, North Andover, MA ,,/r;avid and Margaret Kealler, 257 Bridle Path, North Andover, MA C-1 ames H. and Barbara B. Hannon, 236 Bridle Path, North Andover, MA Melrose Investment Trust, c/o Vincent Fantasia, -7-l-nterAr-a-1--,aTer,,,rase, Re di '41 -MA—_418 1r Sincerely yburs, 1/0 JVI.-B-z--Cushing 4 j - a Enclosure nclosure cc: Hefco Realtyfx JBC/jt C� @ ,&ORTp BOARD OF HEALTH °.s' quo Julius Kay,M.D., Chairman NORTH ANDOVER ° ;o R. George Caron MASSACHUSETTS s Edward J. Scanlon 01845 " ssACHU 4 TEL. 682-6400 Feb 9, 1983 Planning Board North Andover Re: Lot 20 Bridle Path Mass . Gentlemen: In relation to the above-listed lot this Board voted at its regular meeting of Feb 8 , 1983 to confirm deep hole test data on record for this lot. This confirmation will include deep hole testing at the high side of the proposed leaching i area. The top of the hole elevation will be determined by survey. When this information is complete, the plans for the proposed septic system will be re-evaluated. Yorul , Kay, M.D. Chairman r✓U�i� /iipiii i o Dl f UT A /t � 1 NORTH ANDOVER BUILDING DEPARTMENT AORTil " . 120 MAIN STREET ,,,go 16 0 NORTH ANDOVER, MA 01845 .... ....... CH INSPECTOR OF BUILDINGS TEL. 688-8102 ELECTRICAL INSPECTOR GAS INSPECTOR February 9v 1983 Planning Board Town Office Building North Andovery Ma. Re: Lot #20A Bridle Path Gentlemen: I have reviewed the plot plan and subsurface disposal system design prepared by Frank Gelinas Associates for Hefco Realty Trust for proposed construction on Lot #20A Bridle Path. I have the following comments: The dwelling is planned to be built on the lowest portion of the lot. With the lot sloping towards the dwelling from three sides# the basement will be subjected to ground water conditions; thereforel a perimeter drain must be installed around the foundation below the level of the basement floor and connected to an approved drainage system. When I inspected the loto the surface water was some four feet from the proposed building. The building should be raised so that the level of the basement floor is at least two feet above any standing water. In viewing the lot® it would appear that there are higher portions of the lot where the building could be located without encountering ground water ,conditions and still meeting the required lot line setbacks of thirty feet. Very truly yours® CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF,.af TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICC OF CONSERVATION 1 1 VAORT)q o52 0 TELEPHONE 683-7105 to a ti, - a °Y,yr 4Nl T6b W011 1.., `Du"'ACWus February 4 , 1983 Planning Board Town Office Building North Andover, Mass . 01845 Re : Lot 20A Bridle Path - Special Permit - Watershed Dear Members: The Conservation Commission has determined that the above captioned lot comes under our jurisdiction and any alteration will have to be brought before the Commission. Sincerely, Anthony Galvagn a, Chairman AG/jw KAMINSKI GELIMAS AND ASSOCIATES, IN C. ENGINEERS*ARCHITECTS ®LAND PLANNERS SURVEYORS NORTH ANDOVER OFFICE PARK 418 BRIDGE STREET NORTH ANDOVER,MASS.01845 LOWELL,MASS.01850 TELEPHONE 687-1483 TELEPHONE 453-0395 February 3, 1983 Mr® Paul Hedstrom, Esq. Chairman North Andover Planning Board Town Hall Main Street North Andover, MA 01845 Re: Special Watershed Permit, Lot 20A Bridle Path, North Andover, MA Dear Mr. Hedstrom: During the Planning Board meeting held January 3, 1983, the Planning Board requested the following additional information from my client: 1. Staking both of the front lot corners with an on-line stake 234 feet back. 2. An on-site bench. 3. The existing rim and invert elevations for the catch basin adjacent to lot 21A/20A. 4. Staking of the corners of the proposed dwelling.,. 5. Spot elevations along the lot 21B/20A lot line. The on-site survying has been performed as requested and has been viewed by representatives of the North Andover Planning Board® Enclosed you will find a plan showing the existing rim and invert elevations for the catch basin adjacent to lot 21A/20A and spot elevations along lot 21B/20A lot line. February 3, 1983 North Andover Planning Board Page 2 If I can be of further service to you in this matter, please do not hesitate to contact me. Sincerely yours, Kaminski, Gelinas and- A; sociategB, Inc. X`Tdseph B. Cushing //'Environmental Biologist Enclosure cc: Henry Kucharzyk, Hefco Realty Trust JBC/j t NoRra BOARD OF HEALTH }Qb 2"�fo i6*pNOOL Julius Kay,M.D.,Chairman NORTH ANDOVER R. George Caron « . r MASSACHUSETTS « : Edward J. Scanlon 01845 * "^ IT CHUSE��y TEL. 682-6400 Y Dec 31, 1982 planning Board North Andover Re: Lot 20A Bridle Path Mass. Gentlemen: This Board has granted a vaiance relating to the distance of the sub surface disposal system to an. existing drain. Said variance is pending State approval. ry truly yours, uliias Kay, &D. Chairman + ��H.�V u�liYrtu'�.J>�i��+firiJll AuidNi'Y1110N111� � f TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF' CONSERVATION COMMISS1014 IV 60 TEA EPHONE 6163-7105 lzv- IM 1( ci, full"", de�� A a � .a I r y o i ,� u,.��nixmiruwurem umm�mm?a�uu m. G n = el/c`a_1//16111 R0d102 ANTHONY D.CORTESE,Sc.D, �2 A"' 'W0.110/G Commissioner 727.8144 December 28, 1982 North Andover Board of Health RE: North Andover-Variance Town Building Regulation 310 CMR 15.03:7 North Andover, MA 01845 Distances-Title 5-State Environmental Code-Lot 20A Bridle Path Attention: Julius Kay, M.D. Dear Dr. Kay: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Quality Engineering is in receipt of your letter dated December 6, 1982, notifying the Department that the North Andover Board of Health had granted a variance to regulation 310 CMR 15.03:7 relative to the subject site. Specifically, the variance granted was for a distant separation of 60 feet between leaching facilities and a catch basin instead of 100 feet as required. Under separate cover, the Department is in receipt of a subsurface disposal system plan for the subject site. The plan consists of one sheet which is titled: Subsurface Disposal System Lot 20A-Bridle Path North Andover, MA Owner: Hefco Realty Trust Eng: Frank C. Gelinas & Associates Dated: Oct 14, 1981 Revised Oct 19, 1982 Scale: 1" = 40 A review of the plan by an engineer of the Department notes that the elevation at the bottom of the leaching trenches (elevation 165.40') is 6.25 feet lower than the invert elevation (162.65) of the catch basin. It is the opinion of the Department that strict enforcement of the provisions of Title 5 of the State Environmental Code would do manifest injustice to the applicant and the applicant has proved that the same I/IWOprKti �M0,V� r orb r p r i ui n .J� a� ,�„ North Andover Board of Health Page 2 December 28, 1982 degree of environmental protection required by Title 5 can be achieved without strict application of the particular provision. The department hereby approves the variance to regulation 310 CMR 15.037of Title 5 as granted by the North Andover Board of Health. If additional information is required, contact Thomas F. Clougherty at the above address or at 935-2160. Very truly yours, 7� Steven G. Lipman, P.E. Deputy Regional Environmental Engineer SGL/TFC/jb cc: Kaminski, Gelinas and Associates, Inc. North Andover Office Park, North Andover, MA 01845 Hefco Realty Trust, 23 Arlington Street, Lowell, MA 01854 Swale ° baled hoy or strove •_— boles to butt ® 6 • together • varies depending on height ®I of slope and steepness of o resulting grade of toe of . In slope-existing ground flow 51 intersection o� ` 2"x 2"x 3' stakes each bale PLAN PLAN embankment slope (2) 2% 2"x 3'stakes each bale , 6t embankment slop \ _ existing ground overlap edges TYPE 'A' TYPE 'B' Note : Note To be used in locations where To be used where existing the existing ground slopes in ground slopes away from the loword ,the toe of the embankment toe of the embankment. Baled Hay Eros?on C-;ec-s �fETLANOS 4 �4 ,FaESERVATION INC. r Stream Ev port Lot 20A Bridle Path North Andover, Massachusetts May 21, 1997 Prepared for Henry Kucharzyk P.O. Box 1701 Lowell, Massachusetts 01853 Prepared by Wetlands Preservation, Inc. 475 Ipswich Road Boxford, Massachusetts 01921 WPI Job #1922 s 475 Ipswich Road 47 Newton Road 126 Wildcat Road Boxford, MA 01921 Plaistow, NH 03865 Barrington, NH 03825 (508) 352-7903 (603) 382-3435 (603) 664-7645 Stream Evaluation Report Lot 20A Bridle Path North Andover, Massachusetts Introduction The following report summarizes the available resources which were used to determine the status of the stream on the above referenced single family house lot as perennial or intermittent and is intended to support the Request for Determination of Applicability(RDA). The purpose of this evaluation is to ascertain whether the stream is perennial and therefore if the lot is subject to the Performance Standards of the Rivers Protection Act (RPA). This evaluation employs the resources listed in the Town of North Andover Riverfront Area Guidelines to describe the attributes of the stream and determine jurisdictional status. Definition River means any natural flowing body of water that empties to any ocean, lake or other river which flows throughout the year. This definition excludes intermittent streams but encompasses perennial rivers or streams of any size including those which are dry during periods of extended drought. Extended drought is defined as any period of four or more months during which the average rainfall for each month is 50 percent or less of the ten year average for that same month. General Site Description Lot 20A is a 1.4 acre existing lot of record in the Bridle Path residential subdivision. The edge of Bordering Vegetated Wetlands(BVW)was delineated by Wetlands Preservation,Inc. (WPI)on October 29, 1996. Consecutively numbered solid pink ribbons identify the edge of BVW in the field. The ribbons are numbered A-5 to A-25, including number Al la but excluding numbers A-12 and A-13 which were added and removed respectively during a review of the delineation. The subject stream flows from west to east across the rear or 1 south corner of the parcel and is tributary to Lake Cochichewick. The stream flows from a palustrine forested deciduous swamp which is dominated by red maple(Acer rubrum). The swamp has distinct hummock and hollow microtopography. Two stonewalls exist in the area. One stonewall bisects the red maple swamp west of the site while another bisects the stream channel to the south and east of the site. United States Geological Survey Quadrangle The site is depicted on the Department of the Interior/United States Geological Survey(USGS)Lawrence (metric)Quadrangle. The quadrangle shows a single stream passing to the rear or south of the site. The stream is shown as a narrow gauge blue line which symbolizes intermittent streams according to the legend on these topographic maps. A copy of the portion of this map which depicts the subject parcel as attached to this report as Figure 1. USGS Current Water Resources Conditions The USGS Current Water Resources Conditions in Central New England releases for October 1996 and April 1997 are included since they coincide with direct observations of the stream. The October 1996 release reported surface-water runoff and ground-water levels above normal range for this area of New England. Above normal is defined as being within the highest 25 percent of the record for this month. The release for April 1997 also reported surface-water runoff and ground-water levels above normal range for this area of New England. The site is located at the margin between above normal and normal ranges on the April 1997 report. Copies of both USGS reports are attached to this evaluation report as Figures 2A and 2B. Natural Resources Conservation Service Map The site is depicted on Sheet 30 of the United States Department of Agriculture(USDA)/Natural Resources Conservation Service(MRCS)-Soil Survey of Essex County Massachusetts-Northern Part dated February 1981. The predominant soil types in the area include moderately well drained Sutton(SuB)series(Aquic Dystrochrepts),poorly drained Ridgebury(RIB)series(Aeric Fragiaquepts)and very poorly drained 2 Medisaprists(MD) . Sutton and Ridgebury series are derived from glacial till parent material while Medisaprists are derived from a shallow accumulation of organic material (plant remains)over mineral deposits. This map represents a perennial stream in a similar location as the intermittent stream shown on the USGS Quadrangle. Additionally, this map represents an additional intermittent stream flowing into the red maple swamp adjacent to the lot uplands which originates from a location to the north. A copy of a portion of sheet 30 is attached to this report as Figure 3. National Wetland Inventory Map The site is depicted on the South Groveland Quadrangle of the United States Department of the Interior/Fish and Wildlife Service-National Wetlands Inventory(NWI)Map. This map represents three isolated wetlands adjacent to the subject lot which are classified as Palustrine Forested Broad-leaved Deciduous(PF01). None of the streams referenced earlier which are portrayed on the NRCS or USGS maps are represented on this map. A copy of the portion of the map which depicts the subject parcel is attached to this report as Figure 4. Town of North Andover Wetland Map The wetland adjacent to the subject parcel is depicted as wetland number 89 on the Town of North Andover Wetland Mapping. The mapping does not portray any streams on the subject parcel. A copy of the wetland mapping is attached to this report. Flood Insurance Rate Map The site is depicted on Federal Emergency Management Agency(FEMA)Flood Insurance Rate Map(FIRM) panels 250098 0007C and 250098 0005C. These maps do not represent any 100 year flood plain associated with the subject lot nor do they represent the streams which are referenced on the USGS and NRCS maps. Copies of the appropriate portions of these two panels are attached to this report as Figure 5A and 5B. 3 Aerial Photographs WPI has reviewed a color aerial photograph dated April 17, 1985 and a stereo pair of infrared photographs dated July 24, 1985 which include coverage of the site. The subject area is covered with vegetation of a density which suggests that permanent surface water is absent,otherwise standing dead vegetation would be prevalent or more of the ground surface would be visible since an emergent marsh type plant community would prevail. Mature red maple trees are not likely to grow in a wetland that is permanently inundated and which could therefore supply the stream with a constant flow. Historical Site Photographs WPI is not aware of and was unable to obtain any historical photographs of this area which may assist in the determination of the jurisdictional status of the subject stream. Fisheries Potential Dominant land use within the watershed above the stream is forested with localized residential development of moderate density insuring reasonably good water quality. A series of ponds(mostly man-made)exists upgradient and downgradient of the site which are potential fisheries habitat. The stream has distinct banks and the average width and depth of the stream in the subject area is 6 feet and 1.5 feet respectively. The stream side vegetation is relatively dense and would provide plenty of available shade to protect any fisheries habitat against drastic fluctuations in water temperature. The shallow nature of the stream and associated wetlands are unlikely to allow fish to successfully overwinter due to icing. There is no evidence of freshwater aquatic plant species which are customarily associated with areas of permanent open water, suggesting that the stream dries up sufficiently to prohibit growth of the following: emergent species such as Bur reed(Sparganium sp.)and pickerel weed(Pontederia sp.); submerged species such as water milfoil(Myriophyllum sp.)or floating species such as Duckweed(Lemna sp.)and Water Lily(Nymphaea sp.). The Town of North Andover Wetland Mapping does not identify the subject wetlands or stream as having high value for fisheries habitat functions. 4 Affidavits WPI is not be submitting any affidavits as part of this evaluation at this time. Hydrology Source The sources of hydrology for this area are listed in order of their significance and contribution: (intermittent) stream flow,ground water, sheet or overland flow, and direct precipitation. The groundwater contributes to the stream which originates west of the site. Contributing Watershed The watershed for this area has been determined using the USGS Lawrence Quadrangle. The area was digitized using a Tamaya Planix 7 digital planimeter. The watershed was digitized four times and the average of these four values was calculated. The total area of the contributing watershed is 0.238 square miles(153 acres). A copy of the watershed as determined by WPI which was used to calculate the contributing area is attached to this report as Figure 1. Direct Observation The stream was observed to contain water during a site inspection on October 29, 1996 to delineate site wetlands and again on May 2, 1997 during a review the delineation with the North Andover Conservation Commission(NACC)agent. Observations of the stream made during an inspection on May 16, 1997 also revealed water in the channel and confirmed that there is no additional stream originating from the north as the NRCS map suggests. It is noteworthy that the great storm of 1996 occurred on October 20 and 21. Flow velocity within the stream channel is rather slow due to the subtle topography of the area and lack of hydraulic gradient. 5 Conclusions The resources listed above present slightly conflicting information regarding the hydraulic nature of the subject stream. The USGS,FIRM and NWI maps, the aerial photograph evaluation and interpretation as well as the evaluation for potential fisheries habitat suggest that the stream is intermittent. The USGS Water Resource Condition reports indicate that flow conditions were above normal on two occasions of direct observation. The report for the month of May is not available. The very small contributing watershed and the source of hydrology also suggest that the stream is intermittent in nature. The Massachusetts Department of Environmental Protection's proposed RPA regulations indicate that watersheds of less than three square miles suggest intermittent stream flows(with the exception of other specifically listed watersheds). The distinct hummocks and shallow organic soils confirm prolonged saturation. Nonetheless,while the swamp will act as a source of water for the stream during times of high ground water and excess runoff, the organic soils will function as a sink or sponge during seasons with low precipitation. The stone walls indicate that the wetlands were possibly farmed and confirm that the source of hydrology is intermittent. The NRCS map is the only resource which classifies the stream as perennial. However, the NRCS also misinterpreted the pockets of water in the red maple swamp on the aerial photographs which were used for base (soil) maps,concluding that they represented an additional intermittent stream which could not be found upon direct inspection by this office. WPI therefore concludes that the subject stream is intermittent and is not subject to the jurisdiction of the RPA. 6 ® A- � West lit s ) Rus�ell' \\, , iY®'1• Boxfflrd fow a `. `. v ., Broo Cem C • 1 _ s l� 42.5 C Q ° Mt- mon ytf p A — Cem _ v, (�•�.� — �� n�� . 5 - - ' WATERSHED - �` CH ° A `, ``\ .,,�, r Hi rE f• •F � �� - -:Ho �• � � �: '� i � h, of JC��i J i oo ` ate_ ��lw ' or _ � �� ��, \\ •,_._:�� '_�� 0 f�l 4 BOxF�p i� FIGURE I y r 'f •. ps USGS Lawrence Quad \` and � . �- rte— , � , � �� �• ��`'/ vg, Watershed Map Lot 20A Bridle Path B o�� WETLANDS PRESERVATION, INC. 3435 47 Newton Road Plaistow, NH O-W5 (603)382 MRRENT WATER RESOURCES CONDITIONS IN CENTRAL NEW ENGLAND /��MENT l O,q � h ♦ ♦m "D • • _ WATER RESOURCES DIVISION, U.S. GEOLOGICAL SURVEY IN COOPERATION WITH THE STATES OF 400rcAL sue MASSACHUSETTS, NEW HAMPSHIRE, RHODE ISLAND, AND VERMONT Surface-Water Runoff Ground-Water Levels October 1996 October 1996 COMPARISON WITH /..1 COMPARISON WRH MONTHLY NORMAL MONTHLY NORMAL �/ , RANGE RANGE ABOVE NORMAL. I ABOVE W MAL. i / / 1►RI(i1 Q1�lYQ1Mt wMW1 fM hYpfNq / 250 AM'I nop0 i 25 pwc«w of moord / br to month 1 BERLYI br w morrh / NORMAL RANGE NORMAL RANGE I /, i�//'//•/,�/n i I BMEML011n W If M NORMAL /Y T BELOW NORMAL 16 Qt , ot r d '.. brtflsmonfl 25 pew of. cord � / for eft"WM NO DATA INDEX STREAM GAGE INDEX /� i�• See W9�2 ' OBSERVATION WELL AddWorwJ a«kan / / AddUWAd rw toa o�so XLOMFrov 0 was SPECIAL FLOOD REPORT FOR FL000 OF OCTOBER 20-24, 1996 INCLUDED IN THIS ISSUE(PAGES 8-14) VERMONT WELLS MEASURED AGA-N-After a year-long hiatus,well data is again being provided from Vermont. Funding for well observation was eliminated in S�clember 1995. Under the supervision of the U.S.Geological Survey office in Montpelier, volunteers will now be providing rr.• t• .-ements on 9 of 14 long-term observation wells. CURRENT CONDITIONS WEB - s ..sing the USGS home page of the World-Wide Web will get you this monthly report 7-10 days ahead of the paper copy,ar •duce mailing costs.Other valuable USGS data are also available.Please use the WWW whenever possible-'httpJ/mass' s,gs.gov/current-cond/current_cond.html*-Thank you. FIGURE 2-A Lot 20A Bridle Path North Andover, MA Runoff • April . . April . . f f �� /i• � tai,. i • as FROM :STEVEN DURSO FAX NO. :9783529872 Sep. 14 2002 11:10AM P1 Re n-Is,ored Norvs.:;irnent Simi('/.,uinit New Ilrrovelrahire+ I)npif,71re r, ZUK: ,° IP' L'e�a0ilfral , rii 1e'ie°etlr4t m �iit.e+ I'Innn iVt'Prtitrcl ,�ci�ial.ist: writ 'te9f.n Wr�(.innd t)r!i»cnlir�r,4 sn11 Slrtv�+yA �Vel.l:rr,d tt,!i,lie:rtinti I'Ire,wv `.ie )(1c Systom I)rniRnn VAX coo sltrrr rAX 140, 97S�� DA'f E: rt�oai: cc,WIFNIs: STEVEN J. IYURSO ftoxr, r*d. NIA P 1921 1'nnrl Itnnct k"»r•ieotrnrrrrf/it f7e Gi�,yer.s t'1';�tr tti2•S1Re2 FROM :STEOEN DURSO FAX NO. :9783529872 Sep. 14 2002 11:11AM P2 STEVEN J. D'U SO Registered Professional Sanitarian New Flarnpshire Designer Certified Soil Scientist Site Plans Wetland Scientist Soil Tests Wetland Delineations Soil Surveys Wetland Replication Plans Septic System Designs HERITAGE ESTATES 121 Salem Srreet. No. Andover, M7\ 01845 DEP File# 242 -589 Developer: Brookview Country Home. P.O. Box 531 No. Andover, ivlA 01845 Contractor: Gray Excavation Sedimentation Control. Devices: /•A! �� e Wetland Resource Areas : Comments. Date Signed: , �a 22 Lill Pond H.oatl STEVEN J. D'URSO Doxford, NIA 01921 F,nvironmental Resigns (97$) 3C,2-SdA72 FROM :STEVEN DURSO FAX NO. :9753529872 Sep. 14 2002 11:11AM P3 lie�faP�t•t�rf ��t-n/b�o�lo►tt�i ��anfir:rfrrtt 1Vem linttyr®ilirr i)p�f�rt�t Site 1>irtn9 Wetlnnd Of, l3r�entinnA !Ve%ltt►ad &Ienast doll 7'esl,A wetintif! Rep)ic�tion i`Ir�t,A soil $ttrvpyo Septic system Demigno Lot # 32 Bridal Path Z�� �bs No . Andover , mA 7" P�eveloper: FtrookV i PW „nii► I y Ii�,ni�H P-0. Box 5.31 No. Andover , MA 0.l R 15 Con tractotr ; Sedimentation Control Devices : Wetland Resource 1lzeas Commen Es ' Da Ice 0-5/0 'I'rVEN J. ll°URSO 29 I'my (°„r,d Rond 11nirnrd, MA 01921 nvirnnrnnnlnl Design.e (q,a) jr,2AP12 PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SLIMMER STREET HAVERHILL, MASSACHUSETTS 01830-61318 (978)373-03101 FAX: (978)372-3960 May 5, 1998 Ms. Kathleen Bradley Colwella � 1 Town Planner �„ n Town of North Andover ' Community Development and Services -°- 30 School Street North Andover MA 01845 Re: Lot 20A Bridle Path Dear Ms. Colwell: I have made the changes in the above referenced plan in response to your letter of April 27,1998. 1. The driveway runoff has been directed to a Stormwater Management Swale. The water does not infiltrate,but rather flows to the wetlands. 2. The drywells do not have to be two feet above ground water because they discharge only clean water. The SCS lists the water table as 1.5 - 3 ft. The sump has been eliminated. The bottom elevation of the drywells at the front of the house are at existing grade. The bottom of the drywell proposed at the back of the house is 2 feet below existing grade. The wetland line at the rear of the house is a good approximation of the ground water level in that area. 3 Cross sections have been provided 4. The garage has been moved to the left of the house away from the wetlands 5. The double row of haybales has been removed. 6. The limit of clearing is minimal and has been left as previously shown. 7. An explanation concerning water quality and quantity has been added to the plan. The stormwater is managed by what we propose to construct. It is a passive system, that does not require any management. l `i i I 8. We would like the board to review the plan as it is presented.Moving closer to the road or the adjacent lot line will not make any material difference to the Lake. Enclosed are eight copies of the plan for you and the Board and by a copy of this letter I am sending a copy to John Chessia. I V tiansen c.c. John Chessia Michael McCarron I M PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6315 (978) 373-0310 FAX: (978)372-3960 April 17, 1998 Ms, Kathleen Bradley Colwell Town Planner � Town of North Andover Community Development and Services 30 School Street MIR North Andover MA 01845 PLANNING Re: Lot 20A Bridle Path Dear Ms. Colwell I have made the changes in the above referenced plan as you requested, specifically: 1. Final grading has been added to the plan 2. The limit of clearing has been added. 3 Storm water has been managed by the addition of dry wells for the roof drainage and a sump for the driveway runoff. The volume of the sump is greater than the volume of the 100 yr storm driveway runoff 4. A certification has been added to the plan as you requested 5. Erosion control has been added. Enclosed are eight copies of the plan for you and the Board and by a copy of this letter I am sending a copy to John Chessia. 1 i fVe y ur stiansen c.c. John Chcssia Michael McCarron �` p Town of North Andover NORTH OFFICE OF 3�Oy q4, COMMUNITY DEVELOPMENT AND SERVICES ° : p 30 School Street *�'9 4oPpS y North Andover,Massachusetts 01845 �rFO c WILLIAM J. SCOTT SSACHUS� Director March 19, 1998 Mr. Phil Christiansen Christainsen& Sergi 160 Summer Street Haverhill, MA 01830 Re: Lot 20A Bridle Path Dear Mr. Christiansen, I have reviewed the plan submitted for Lot 20 A Bridle Path and have the following comments as discussed at the Planning Board public hearing held on March 17th: 1. Final grading must be shown on the plan 2. The limit of clearing must be added to the plan. 3. The storm water must be managed and infiltrated on site if possible 4. Certification that there will be no effect on the quality or quantity of water entering Lake Cochichewick must be submitted. 5. Erosion control must be proposed and shown on the plan. Please send revised plans to Jim Rand, Director of Engineering, DPW, John Chessia, Coler & Colantonio, and me as soon as possible so that we may begin our review. If you have any questions please do not hesitate to call me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner cc. R.Rowen,Chairman PB H.Kucharzyk Atty. McCarron BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover N0RTN OFFICE OF 3�°Ct °,tio0 COMMUNI'T'Y DEVELOPMENT AND SERVICES A 30 School Street : ^ " North Andover,Massachusetts 01845 �,9 gOq�iFO 0", cl x "ULIAM J. SCOTT SSAC HUS�� Director April 27, 1998 Mr. Philip Christiansen Christiansen& Sergi, Inc. 160 Summer Street Haverhill, MA 01830 Re: Lot 20A Bridle Path Dear Mr. Christiansen, I have reviewed the revised"Plan of Land located in North Andover, Mass", prepared for Henry Kuckarzyk, for Lot 20A Bridle Path and have the following comments: 1. How is the driveway runoff directed into the sump? Where does the water go once it enters the sump?Infiltrate? 2. What is the seasonal high ground water for this site? The dry wells and sump (if water is to infiltrate)must be located two feet above the seasonal high ground water table. 3. Cross-sections of the dry wells and sump must be provided. 4. The garage should face the front of the building to reduce the amount of pavement. 5. Why is there a double row of hay bales? 6. The limit of clearing should not extend more than necessary to construct the driveway. 7. Why won't there be any adverse effect upon the quality and quantity of the water entering Lake Cochichewick? A written statement must be submitted describing how the storm water will be managed on the site. 8. I suggest seeking a variance from the ZBA to move the house closer to the road and to the adjacent lot line in order to provide additional buffer from the wetland. CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 If you have any questions please do not hesitate to call me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner Cc. Planning Board J. Chessia M. McCarron, Esq. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830.6318 (078)373-03:10 FAX. (978)372-3960 ..,,, May 5, 1998 Ms. Kathleen Bradley Colwell Town Planner Town of North Andover Community Development and Services 30 School Street North Andover MA 01845 Re: Lot 20A Bridle Path Special Permit Dear Ms. Colwell: As was stated at the public hearing for the above project a sewage ejector pump and a force main will be installed to tie the lot into the Town's sewer system. The force main will be placed in Bridle Path and timber lane and connect into the existing sewer manhole at the intersection of Timber Lane and Brentwood Circle. Attached are copies of the record drawings for the sewer and a map of the force main route. ✓ y rs Philip istiansen c.c. John Chessia Michael McCarron Current ���/���✓,r�f�ifiurJY lfu�fF7�y�ifwtrr��/��r�+''�IPri?'i�����,/lal fir%��1r�1����f/11%/?�, '.. 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N5E '"i50 S/LL 12.9 ,415 E-. `l23 SILL = 189.0 54 .4PPP'Ox . icD . SURFACE NSE. !20 of w g��PVC. STOPPER nt r W LU z �o.oill S• IAf FREC3RD DRAVIING M� � 0 �0 � 0 t W 1 � PROGRESS P M F NORTH ANDOVER, MA. /-R OFIL E PR II SEWERAGE FACILITIES` CAL c DYE t 2 J TA T; DRAWN BY CHECKED BY + \\ CK \ � L_Z S' 0 EMHI L = ZS / v� 00 o P-25 �W r + 1 �` 71 �1 I EH 00 / V ",'PVC. STOPPER M.H. 5TA /J + 4 1 - � i v 4 i Ci R CL E 1 , E` Town of North Andover, Massachusetts 1972 Reprinted January, 1979 NORT OF ,FD lb�+ OL �O > �A oc Hic cwicK`y ORATED 7SSACHU$ PLANNING BOARD WILLIAM N. SALEMME, Chairman JOHN J. MONTEIRO, Vice-Chairman JOYCE A. DITORE, Clerk WILLIAM CHEPULIS MICHAEL P. ROBERTS (Section 2 continued) 2.38 Frontage The distance between lot sidelines measured along the street line. 2.39 Guest House A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. The term "guest house" shall be deemed to include tourist home, but not hotel, motel or multi—family dwelling. 2.40 Home Occupation An accessory use conducted in a dwelling by the residents thereof which is clearly secondary to the use of the building for living purposes. 2.41 Hotel or Motel A building designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite. 2.42 Loading RM An opening in a building not less than ten feet in width and nine feet in height including a platform for loading and unloading goods, merchandise or other materials. 2.43 Lot An area of land in one ownership with definite boundaries ascertainable by recorded deed or plan. 2.44 Lot, Corner A lot abutting upon two (2) or more streets at their intersection. 2.45 Lot Lines The property lines bounding the lot. 2.46 Lot Line, Front The line separating the lot from a street. 2.47 Lot Line, Rear The lot line opposite and most distant from the front lot line. 2.48 Lot Line, Side Any lot line other than a front or rear lot line. 2.49 Lot Line, Street A lot line separating the lot from a street or alley (usually the front lot line). ----------- 2.0 Mean High Water Mark Lake Cochichewick) an elevation of 112-41 on the United States Coast and Geodetic Survey datum. (Section 2 continued) 2.51 Medical Center A building or group of buildings designed for the individual or group practice of medicine or dentistry, but not including hospitals or nursing homes. 2.52 No Cut Zone An area where no trees, shrubs, or bushes shall be cut. 2.53 Nonconforming Use A building, structure or use legally existing and/or used at the time of adoption of this By—Law, or any amendment thereto, and which does not con- form with the use regulations of the district in which located. 2.54 Office, Business A primary use consisting of office activities of any type including business and financial office activities (including banks and financial institutions) and professional office activities. 2.�5 Office, Professional A primary use consisting of office activities by a doctor, dentist, archi- tect, lawyer, engineer or other professional person or persons. 2.56 Parking Area, Private An open area for the same uses as a private parking garage. 2.57 Parking Garage, Private A structure used for the parking of automobiles and available to employees, clients or customers whether for a fee or free. 2.58 Parking Garage, Public Any parking garage, other than a private parking garage, which is open to the public and used for the storage of motor vehicles. f 2.52 Personal Service Establishment An establishment providing personal services to the public such as shoe repair, barbering, dry cleaning, etc. 2.60 Place of Worship A church, temple, synagogue, mosque, or other similar place of worship, including parish house, rectory or convent. 2.61 Planning Board The Planning Board of the Town of North Andover as governed by the General Laws of Massachusetts. __.... .....__..w..w..._.__._...... 2.62 Public Building or Use A building or use owned or operated by a local, county, state or federal governmental agency. -5- (Section 2 continued) 2.63 Roomip&.Aouse Any building or portion thereof containing more than two and less than ten rooms without kitchen facilities that are used, rented or hired out to be occupied or that are occupied for sleeping pLrposes for compensation, whether the compensation be paid directly or indirectly. 2.64 §peo,ial Permit The words Special Permit where used in this By—Law shall mean a permit granted under the guidelines of Section 9 of Chapter 40A of the General Laws. 2.65 Special Permit Granting Authority The Planning Board shall be the granting authority of all special permits to Cluster Development, Planned Development District and the Watershed District. The Board of Selectmen shall be the granting authority of all special permits pertaining to non—accessory signs as specified in Section 6.52 of this By—Law. The Board of Appeals shall be the granting authority other special permits allowed in this Zoning By—Law. 2.66 Special Permit Use A use of a building or lot or an action upon premises which may be permitted under this By—Law only upon application to the appropriate Special Permit Granting Authority for a Special Permit and subject to the approval of such Permit Granting Authority and the conditions stipulated. 2.61 Street A public way, or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board. 2.68 Structure Means a combination of materials to form a construction that is safe and stable; including, among others, buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs; the term structure shall be construed as if followed by the words "or part thereof". 2.69 Town House An attached house in a row of three or more such houses capable of being sold as an independent dwelling with its own lot, as provided by the By—Law. 2.70 TrIhIlaa Any portion of any brook, stream, bog, swamp or pond which flows into Lake Cc chichewick. —6— 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, provided all outdoor uses are enclosed by a fence of five feet or more in height. (11 ) Bus Garage (12) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. (13) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. (14) 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 addi- tion to the household pets of a family livin on such lot, and for each additional acre of lot size to nine, (95, 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 at 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. 4.133 WATERSHED DISTRICT (1 ) Purpose: The Watershed District surrounding Lake Cochichewick, 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 shall be prohibited. (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. -22- 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 out buffer zone shall exist one hundred fifty (150) feet horizEnUally from the annual mean high w—aTe-r--mark—o-f--t� e-8-ochi—chewick 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 horizon- tally from the annual mean high water mark of Lake Cochichewick and one hundred (100) feet horizontally from the edge of all tributaries, ex cep—ep-f-Fy—'sp—e_c UaT perms I lood Hazard District (1 ) Any other by-law or regulation to the contrary notwithstanding, no construction shall be permitted within the District unless it has been duly determined that all utilities are located, elevated, and con- structed so as to minimize or eliminate flood damage and that methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards. js -23- The length of terms of the members of the Board of Appeals shall be such that the term of one member expires each year. A member of the Board of Appeals may be removed for cause by the Board of Selectmen only after written charges have been made and a public hearing has been held. Vacancies caused by dismissal, resignation, death or any other cause, shall be filled in the same manner as Zoning Board of Appeals members are appointed. 10.22 Powers of the Board of Appeals The Board of Appeals shall have the following powers: 1) To hear and decide actions and appeals as provided herein; 2) To hear and decide applications for appropriate special permits and variances which the Board of Appeals is required to act upon under this By—Law. 10.31 Conditions for Approval of Special Permit 1) The Special Permit Granting Authority shall not approve any such application for a Special Permit unless it finds that in its judgment all the following conditions are met: a) The specific site is an appropirate location for such a use, structure or condition; b) The use as developed will not adversely affect the neighborhood; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) 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 By—Law. 2) In approving a Special Permit, the Special Permit Granting Authority may attach such conditions and safeguards as are deemed necessary to protect the neighborhood such as, but not limited to, the following: a) Requirements of front, side or rear yards greater than the minimum required by this By—Law; b) Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices as specified by the Special Permit Granting Authority; c) Modification of the exterior features or appearances of the structure; -51- d) Limitation of size, number of occupants, method or time of operation, or extent of facilities; e) Regulation of number, design, and location of access drives or other traffic features. 3) Special permit granted under the provisions contained herein shall be deemed to have lapsed after a two—year period from the date on which the special permit was granted unless substantial use or construction has commenced. If the applicant can show good cause why substantial use or construction has not commenced within the two—year period, the Special Permit Granting Authority, as its descretion may extend the special permit for an additional one year period. Included within the two-year period stated above, is the time required to pursue or wait the determina- tion of an appeal from the provisions of this By—Law. 4) The Special Permit Granting Authority may, within the guidelines for special permits contained herein, allow accessory uses whether located on the same lot as the principal use or not, wherever necessary in connection with scientific research, scientific development or related production provided that the Special Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 5) Within ninety (90) days following the date of the public hearing, the Special Permit Granting Authority shall take final action in the matter in order to issue any special permit provided for in this Zoning By—Law, there shall be at least four of the five members of the granting authority voting in favor of issuing the special permit. 6) A special permit granted under the provisions of this By—Law shall not take effect until: a) the Town Clerk certifies on a copy of the decision that twenty (20) days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied; j E b) the certified decision has been recorded at the owners expense in the Essex County Registry of Deeds, indexed in the grant or index under the name of the record owner, and noted on the owners certificate of title; c) if the special permit involves registered property, the decision, at the owners expense, shall also be filed with recorder of the Land Court. 7) The Special Permit Granting Authority shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decision of its official actions, copies of all which shall be filed within fourteen (14) days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner or applicant, to the parties in interest designated herein, and to every person present at the hearing who -52- requested that notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant as to Section 17 of Chapter 40A and shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner and identification of the land and/or structures affected (if a variance complies with the statut- cry requirements for issuing variance). Certified copies of the deci- sion shall be filed with the appropriate Special Permit Granting Authority and the Town Clerk. 10.32 Temporary Permit The Board of Appeals may grant a temporary special permit for use or occupancy permit for a period of not more than one year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be processed in accordance with the procedures provided herein for the granting of Special Permits. 10.4 Variances and Appeals The Zoning Board of Appeals shall have the power upon appeal to grant variances from the terms of this Zoning By-Law where the Board finds that owing to circumstances relating to soil conditions, slope, or topography of the land or structures and especially affecting such land or structures but not affect- ing generally the zoning district in general, a literal enforcement of the provisions of this By-Law will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullify- ing or substantially derogating from the intent or purpose of this By-Law. Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abutting city or town, aggrieved by any order or decision of the Building Inspector or other administrative officials in violation of any provi- sions of this By-Law. Any petition for an appeal above, must be taken within thirty (30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning Board of Appeals all documents and paper constituting the'records of the case in which the appeal is taken. 1) No petition for a variance or appeal shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within sixty -five (65) days after the Zoning Board of Appeals receives the petition from the Town Clerk. -53- f .'ALL '1'v 1'tiv,� ' l Vr i717 �vir.i,v� �t-iuiw: 10.3 SPECIAL PERMIT The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to the issuance of special permits. A copy of these rules and regulations shall be filed with the Town Clerk. The rules and regulations shall contain, as a minimum, a description of the size, form, contents, style and number of copies and number of plans and specifications to be submitted and the procedures for submission and approval of special permits. The Special Permit Granting Authority may grant a Special Permit within the framework of this By-Law only after holding a public hearing which must be held within sixty-five (65) days after the applicant files for such Special Permit. The sixty-five (65) day period shall be deemed to have beL-un with the filing of the application with the Special Permit Granting Authority. The applicant is responsible for transmitting a copy of the application for a Special Permit within twenty-four (24) hours of the filing of the application with the Planning Board or the Board of Selectmen to the Town Clerk. If an application for a Special Permit is to be filed with the Board of Appeals, the applicant shall file the application with the Town Clerk, who shall transmit the appli- cation to the Board of Appeals within twenty-four (24) hours. 05/12/98 Lot 20A Bridle Path Facts: • Existing lot on Bridle Path • Proposed home, driveway, lawn within 100 feet of a wetland (driveway is 25' away, house is 50' away) and within 235' of the tributary to the Lake. • Wetland line has been approved by ConCom but not the house construction Issues: • The applicant asserts that his lot is grandfathered under the bylaw in effect on August 1, 1979. • I am waiting for a written opinion from Town Counsel on this but my conversations with Joel indicate that the lot is grandfathered. I have asked Joel for some guidance as to what the Board can look at, as the 1979 bylaw is not clear. Joel has confirmed that this site is grandfathered. • No final grading shown on plan • No limit of clearing • No control of storm water shown or proposed • No certification from engineer that there will be no effect on Lake • If arguing that the plan meets the distance from a tributary, need to show the entire tributary on the plan • No erosion control shown • 25' no cut and 50' no build zone no shown properly on plan 1979 Bylaw(see attached) No cut buffer zone: 25' from edge of all tributaries + plan meets this requirement No construction zone: 100' from edge of all tributaries except by special permit • Driveway is at the 25' mark, house is at the 50' mark. Driveway has been moved away from the wetland to the opposite side of the house per my request Recommendation: • Review plan, go over issues with the applicant and see how receptive they are to providing the Board with more information • For 4/21: no new plans submitted - continue to May 19th meeting. • For 5119: • Plan has been revised to reflect requested changes. • I still have questions about the drainage. • I am waiting for comments from John Chessia and DPW. DPW must review the proposed sewer tie—in. • The house is still within 50'of the wetland but this is allowed under the 1979 Bylaw 04/15/98 Lot 20A Bridle Path Facts: • Existing lot on Bridle Path • Proposed home, driveway, lawn within 100 feet of a wetland(driveway is 25' away, house is 50' away) and within 235' of the tributary to the Lake. • Wetland line has been approved by ConCom but not the house construction Issues: ® The applicant asserts that his lot is grandfathered under the bylaw in effect on August 1, 1979. ® I am waiting for a written opinion from Town Counsel on this but my conversations with Joel '.. indicate that the lot is grandfathered. I have asked Joel for some guidance as to what the Board can look at, as the 1979 bylaw is not clear. Joel has confrrined that this site is grandfathered. ® No final grading shown on plan '... ® No limit of clearing ® No control of storm water shown or proposed ® No certification from engineer that there will be no effect on Lake ® If arguing that the plan meets the distance from a tributary, need to show the entire tributary on the plan ® No erosion control shown ® 25' no cut and 50' no build zone no shown properly on plan 1979 Bylaw see attached) No cut buffer zone: 25' from edge of all tributaries ® plan meets this requirement '... No construction zone: 100' from edge of all tributaries except by special permit Driveway is at the 25' mark, house is at the 50' mark I am looking for a complete copy of the 1979 bylaw to review Recommendation: • Review plan, go over issues with the applicant and see how receptive they are to providing the Board with more information • For 4121: no new plans submitted- continue to May 19'I'meeting. Article 13. PROHIBITING UNDERGROUND FUEL STORAGE IN WATERSHED DISTRICT. To see if the Town will vote to amend Section 4.133 Watershed District of the Zoning Bylaw by: inserting the following in subsection (2) Prohibited Uses 'underground steel storage tanks for petroleum products ' (Petition of the Planning Board) EXPLANATION: As recommended by the Fire Department, this will prohibit the installation of steel storage tanks in the Watershed District and require fiberglass or corrosive resistant tanks. VOTED to approve the article as written (by a unanimous vote) . Article 14. PROHIBITING CONSTRUCTION WITHIN CERTAIN DISTANCES IN WATERSHED DISTRICT. To see if the Town will vote to amend Section 4.133 Watershed District by deleting the following from subsection (d) of paragraph (3T— 'except by Special Permit ' and add the following in its place: 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. (Petition of the Planning Board) EXPLANATION: The purpose of this article is to eliminate construction within 250 feet of Lake Cochichewick and 100 feet of a tributary in the °Watershed District by Special Permit. The North Andover Board of appeals shall =have the jurisdiction and is to be treated as a variance application not a ;Special Permit. VOTED to approve the article as written (by a two-thirds vote: yes 908, do 12) . Article 15. ZONING BOARD OF APPEALS AS WATERSHED DISTRICT SPECIAL PERMIT GRANTING AUTHORITY. To see if the Town will vote to amend Section 2.65 Special Permit Granting Authority of the Zoning Bylaw by deleting the following words: 'the Watershed District ' (Petition of the Planning Board) EXPLANATION: As a result of eliminating construction by Special Permit as Pecified in Article 14, the Board of Appeals will become the governing body. y; VOTED to approve the article as written (by a two-thirds vote: yes 750, e _ n s= MENTS TO THE ZONING BYLAW (16-27) m Article 16. FRONTAGE EXCEPTION/LARGER AREA LOTS. To see if the Town will e �1,e to amend Section 7.2.1) Street Frontage in the Zoning Bylaw by adding M.8ection e. : no such lot as described above on which a dwelling is located, Shall be hereafter reduced in area below the minimum area required in Section 7 .2.1 ) . ' (Petition of the Planning Board) 112 3oard of Aopeals" and i rise rtinn .n plac -hereof the phrase "other�aise by the Drovisions of a variance gr3nr.ed bpi the 3oard of ApbeaIs . ' I . Section 6. , amend by adaInC1 (3) .At least fi'fty ^0) percent ontinuous land of eve o*_ laid out for use sha h be buildable :and ,vita so I S .nouan to o emit installation and use of :aciIit4es =or disposal or >anitary wastes and all trucIures and buildings. In cDmput4nq m e bu� IdabIP ar_a �= any lo., no -.art or private ar public ;,ay and no pond or river shall oe included. Jetl all ds ana lands �'�ith over t1.+en y 0) percent `n slope sisal -.e considered unbuiidabl To ,'ac 4 7 ata deter_ urination of sufficient buildable land, the Planning 31;ard may r­)v re an ndicat4an on plans of the general location on the lot the pr000sed ..truc- tares and buildinas . (4) In order to cnmDly .vith the minimum square root reouiremenr, a lot must �e a plot of land beinq a J e f i n i t a area and a -'osed perimeter. Larger lots are accepcable provided the SJ1 rL intended ror a tuiid na s contained w n a portion of the rnic.h meets the tonina requirements of the area and perimeter 411 lots orfporr_ians of lots as j e f ned in oa araaraph mug nave a shape number of ' ass 'h an trenty--va '?2) . Sha e "uff-Me defined as tie number resulting from -1e diiision of the quare of . (2 )er meter by t:' e area of the lot. The .vidth of a lot :hall be -onside r d to be 'tile distan:_e b:tween the st, a. ^ht nes c onnectina r-an t and rear lot _s at each S _e of the lot, ana measured across the lot it t;ie requred se: „ac'< line . , d-h shall eaUal the reet fron tine mini mum of the zone . l2 section 6.2 Add at -ne 'nd o° the first sent-ice 'he-reor, t;7ie phrase "subject to e ar01/1 an of Sec_4on 6 .1 1 6 13. ectian 6.4 -r ;c; rpm .lie last sen*ence lords oermis_ipn of" and insert in Mace �hr Neaf the wards ' a vari.ance arnt�d b'� " 14. Table folIowin _ on h) : A)stribe the Pntence of =ootnofe 5: 3) r <a fr,atnG' _ 6 anj renumber the remaininq Footno t,-s ac c0raingly: C) strike fr0n '-h rust e11 11 z of the Former Footnote 7 the cords "or townhouse comple- -ze 3) -trio from hr rormer F ootnofe 7 paragrabn D) real and renumber she remainini 'ootna- sc,-ordini s z I r <e rom h rina' tem appearing in � the column in said able i.; n -o do ,�i _hthe 2e<ide�c� 5 D� ;�ritt the reference t0 `own naU.:es . l': section 7.i amend dal li Restaurant ^ins;num spaces eauired of one sDace far each 11 re its and nsert'ha -�'e f ' One -oace far each ::r0 eats . °r` tioil o. tae "an>>na 3oard. IOTEu UilAN MUSP to adopt this art, rla a s men de d. .A amen„ Se t- on s 62, ? b9 an 2 70 as .o renumbered by addinu (sat'Dac'<.$) array -:ii, ?i_ses aetinPd tnere� i. Faction ? .130 (6) chance tD reaa a� fo11,at Publi service corporation and nernv or ,esource recovery fac-lity. C. Sector, 6 . amend bi �trik �lere=-am the on rase loth-rwi P Dy the 3oard bf Aopeals cad i ,sertina in blase thereof -.he phrase 'at 1 >e v the orovisions of 3 'tango- iran `.ed bv le 3oard D. Appeals . D. e on n.s r from -,he las s en:ence tit -iard perms_ ;on of" and r .n , ace thereof the :lords a 7a14ance nranted by. a " iRT 71 To e th by if e Town �•j 'l vote to amend on 3,/-Law adding al the -ollowina ie -� _-. on : 4. . 1 TE2SNED 0 =TR1C- purpose The 'Jatersned D°strict surroundinn __,'!e Coch ^e%,r`c: mended to pre- _erv� and ma4ntain the 1 -ration and our ca on `unction of -he land, the around ,later table, the �ourit or' _ around water and the like . to conserve the ttura enrironmen- and to Dro ct _ire pubic h a I th , saTety and :�ieI fare . 9e mi teed J es al .4 oad1and; arassIend; wf, Iand; aaricultural use ard or water, not reaU r -I(I F lin or e x cavat n o e c a 0n uses inc' uaina 3.14 mm is boating 1 �� natur tua fi hina and hunting, iii- ss other,'„ se or0hibItLj p� a-her ordin- anc s , yaw or by aws : and cnnservat' on u, .rate-. plaits and gildl e . b) rarmina pf r,a j cr00 s and row .ror track gardens . rorestrY' orchards , Dart nurser _ , and oreennouses t nn anti log. of it least -hrr ;3) a rq s , -'�eenina o' a total of no 2 J mppe 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 rest- . dent on such lot. 3. On any lot of at least ten (10) acres , the keeping of any number of X animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms , dairy farms , and poultry batteries . 4. The sale of products raised as a result of the above uses on the sub- ject land. (c) All development within the watershed zone shall be made according j. sions of residential - 1 zoning. to the provi (d) All other special uses such as public buildinas and uses , nursing and c onvalescent homes , shall be permitted only under the Special Permit granting authority. Before granting a special permit, the granting authority s hall refer all proposed projects to the Board of Public Works , the Board of Health and the Conservation Commission. These Boards shall make a written recommend- ation of the project to the granting authority within 35 days . Prohibited Uses: Prohibited Uses 1 . Dumping of trash, rubbish, garbage, wcod, stumps , peat, junk or other waste materials shall be prohibited. 2. Fi11ing dumping, excavating removal or transfer of Gravel , sand, loam or other material in the watershed shall require an environmental impact study. (3) Dimension 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 for reference only. These maps are hereby made a part of this by-law and are on file in the office of the Town Clerk. b) The portion of any lot within the Watershed District may be used to meet the area and lot requirements for the district in which the remainder of the lot is situated. c) A no-cut buffer zone shall exist one hundred fifty feet (150) horizon- tally from annual mean high water mark of Lake Cochichewick and twenty-five = (25) feet horizontally from the 100 year flood elevations of all tributaries in the watershed. d) No construction shall occur two hundred fifty feet (250) horizontally from the annual mean high water mark of Lake Cochichewick and one hundred ;feet (100) horizontally from the 100 year flood elevations of all tributaries . Table 1 shall be amended to include a summary of use regulations within the Watershed District Zone. The Zoning dap of North Andover shall be amended to include the boundaries of the Watershed District for reference purposes only and the change from R-2 and R-3 to R-1 zoning within the Watershed. Petition of the Planninq Board. ;3 Voted to Grant leave to the Petitioners to withdraw article from 'Warrant. ARTICLE 72 . To see if the Town will vote to amend its Zoning By-law by adding the following new section: a 4.13 WETLAND DISTRICT The Wetland Districts are intended to preserve , protect and maintain the ,ground water quality, water recharge areas and ground water table , to protect persons and property from the hazards of flood water inundation and costs which may result from unsuitable development in swamps, ponds , bogs or marshes along watercourses and to conserve the environment, wetlands vegetation Wildlife and open spaces for the education and general welfare of the public. The Wetland Districts are shown on the map entitled "Wetlands Districts of North Andover" and as shown on the Zoning Map for reference only . These '.` maps are hereby made a part of this by-law and are on file in the office Of the Town Clerk . _ (1 ) Permitted Uses The following uses are permitted providing such uses do not affect the 153 03/09/98 Lot 20A Bridle Path Facts: • Existing lot on Bridle Path • Proposed home, driveway, lawn within 100 feet of a wetland (driveway is 25' away, house is 50' away) and within 235' of the tributary to the Lake. • Wetland line has been approved by ConCom but not the house construction Issues: • The applicant asserts that his lot is grandfathered under the bylaw in effect on August 1, 1979. • I am waiting for a written opinion from Town Counsel on this but my conversations with Joel indicate that the lot is grandfathered. I have asked Joel for some guidance as to what the Board can look at, as the 1979 bylaw is not clear. • No final grading shown on plan • No limit of clearing • No control of storm water shown or proposed • No certification from engineer that there will be no effect on Lake • If arguing that the plan meets the distance from a tributary, need to show the entire tributary on the plan • No erosion control shown • 25' no cut and 50' no build zone no shown properly on plan 1979 Bylaw(see attached) No cut buffer zone: 25' from edge of all tributaries • plan meets this requirement No construction zone: 100' from edge of all tributaries except by special permit Driveway is at the 25' mark, house is at the 50' mark I am looking for a complete copy of the 1979 bylaw to review Recommendation: • Review plan, go over issues with the applicant and see how receptive they are to providing the Board with more information • My initial contact with the attorney was not favorable. His attitude is that they can build the house under the 1979 bylaw as the distances are measured from the edge of the tributary and they are over 200' from the tributary however they will work to some extent with the Board to obtain a special permit. t r v i J . n v gyp¢/ f f" t{6 a f v C � ,y 1 Nw-' i 1S NORTHERN PART — SHEET NUMBER 30 mC H f f{ -J; - HWE MC St8 , y CMD Cob h '^ Sub °� S HrA' r Stc 7. C. ��' CmC �. Ste ,+' ' COD fl II CrC� m f CmC + '. 'u Cm8 waA Se " Ws6' t1� y 0 hr 4. 5< ryT LL CoC C o W h CmC t: P43C SUB Ste _ ��:: t �' o .�., = Stc ' Coe I 'mc CoR ti t' V Ste SuC .y r u c YStA Y •� � ,0 ,r• Se '_ - \"q. �Hy �e -•�`fw.. De. ` . c stc s coo stc s�s �m ', '�c •,'sus l �; oe RjB rX d cob RIB SuC• - , CC StB i1D G� W cm _ _ , ig Ig Coe r Stc PaD ��Qx CP.0 CaC Cm8 p�m CmD . C !: ,.Y Srte crB . . OooB StA' .J C, o0 SUB St8 O ,F �.i S C� CmC StB C� SUB C W ►� CaD Su8 t, O 0 Co '..:• ��.� .!F SITE PaB ` ; :r•;. '; t ,.: _ CmC LOCATION �y•, .•v+ 'S CoC•001 Oe. •.! y NnA y c yam` �A •, ♦ ^ y, ' Sue` • i fl t sG it �' s �- - _ SUB ' C :t CaC y t a9 C r 07 ' N .sSL c 6 •t ' •t U ''� ��. �a� MD o MD � � ��n WtC' • ��� `j.'. .�� vl �i.. �� .'����r�.' ,' D,Rt•S u',t?}( t�f.6 t� _ .G�iµ C bC Cob PbD 1 ` TOW RM rCbC hh. RItii , F S .yWsB 1 1 0 ) HILL aSuB e s / PbD k �, B CoC Pb 8 WsB ;y xX g « tA "is RIA PcE +f tom, +` C0 t¢,� xt� fC7 irk c PcE Wt8 PcE CoC ( MC PbC �.� E CrC Sul CaB U RIB SUB ..t RIB. CbD FIGURE 3 1 '\ \ w�• RIB %• ' � cbc wh 00 PcE r + Ro Northern Essex County f cbc f, V Soil Survey — Sheet 30 Wh 1 SUB PbD MC m ' Lot 20A Bridle Path u \ .`CoC ' jt. Wh \ X60\ Cb8 � • nett . .Y ?F4'' . Andover, MA SrA tc Cb6 cbc suB 9 M''� , -,� WETLANDS PRESERVATION, INC. s;•A'• se P F 47 Newton Road Plaistow,NH 0386 5 (60313823435 /,-- - � P h ti/ P �EM � �• � -.\ �ti �' ,. � .� , it ..I iVh L.IPW Sp r° \ � r c 6 Cern e e t PFOI P �H n P Ln _ I � ti �1 i .t/_ �' �� l+�' •r �q�� _7� IC}H-V, p fpsi ®� ' � i I/ V , (� E`q 'V?% ,'� { - 1 lid \`•. t� "` 3� _ .c` •,\• B 3� : o P SITE z°° p. �\�: in LOCATION Q{ lu f FOI ;50 0. i � 'P'r 4 ' P sp EM Ps si �- ,s �ZFa PO O. tkn over ` p '`b of 86 PF .�I,T - H \ XT I Ce o Hill RE nO �•�r-�`\. � .'x"!}�%/•�- .��",r•!�� •�`Q ° � '� ��9 / _� ; � n' _ i' fro' j _ ` �. Vii, �I� � •� � .• ��p. �r� •i _ _��rSp� ° �� p� Q Fo I ✓ I �• �C'SO c�' �-- (f FIGURE 4 ILM National Wetlands Inventory PO ®, South Groveland Quadrangle J UTA 1 1 R� ;' — � " Lot 20A Bridle Path PcY ��� ��•'I I North, Andover, MA s _ �, , WETLANDS PRESERVATION, INC. FIGURE 5 A n n ROAD Flood Insurance Rate Map Panel 250098 0005 C Lot 20A Bridle Path 1 North Andover, MA 1 � 1•m N � 1 0 1 c9� .a O ` Z O 90 n0 -o O ACCESS ROAD ZONE X vm \ � N \�% 1N ` N PS POND SOUTH IcA GPI BRADFORD STREET O IO i ➢ T� J 9 i%Q,O P yo ZONE X s SOUTH BRADFORD STREET SITE LOCATION dab. JOINS PANEL 0007 ASOW r'. ZONE X BF SITE LOCATION FIGURE 5 B ,C)P, Flood Insurance Rate Map Panel 250098 0007 C I Lot 20A Bridle Path North Andover, MA i ZONE X l� I ` M1A r —L1i—y ( I Vt hS b7 r'1`1 i �J�•a r, Ur rlUn' i u.�vcn. ; w/ .v 1 i 1�. Y f--'• � _ 4y4 y � If ti 1 t•t; 1 4 4 r r� .r Q ! .1 was SEE