HomeMy WebLinkAboutMiscellaneous - Exception (157)TOWN OF NORTH ANDOVER
MASSACHUSETTS
NOTICE OF DECISION
Date Dg cc;qbg �-. ? 8...19 8.3 ....... .
Date of Hearing Septembe 6.,..19 8 3
Petition of
Premises affected LqtBear.
Hill. Subdivision .
Referring to the above petition for a special permit from the requirements
of the Ngrth, Ai)dgyer,Zoning, Bylaw.,..Section 4. 133 3d .. , _ ..
so as to permit .tjiq .cons,truction, of ,a, single..familX ,dwelling and associated
,� ruc,tures, within , 100,', ,from .the edge of : a, tributary. to Lake. Cochichewick:
After a public hearing given on the above date, the Planning Board voted
togrant......... the ....... Special.Pe1. rmit................................
based upon the following conditions:
Signed
��u�. A,Heds,trom�. Chairman._.
c�,�e1, P; , Rgberts Vice Chairman
John A: James. Clerk. _ ...
John .J..Burke
...........................
Erich W. Nitzsche
�lanning B oarcl
TOWN OF NORTH ANDOVER
+ MASSACHUSETTS
DEG Liv 12- 00 I'11 43*NORTH
f 16
C m
`� This is to
have
`SS.�CHUSES without sum
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Re: Lot 3 - Road A, Bear Hill Subdivision
Special Permit - Watershed District
Dear Mr. Long:
Vio
Ahy appeal shall be filed
within (20) days after the
date of filing of this NoticE
in . the Office of the Towr
Clerk.
µ
Tow" {felt
December 28;' 1^983
lS ;
A ?MOW
The North Andover Planning Board held a public hearing on Monday
evening, September 26, 1983 in the Town Office Meeting Room upon
the application of Designer Homes by Zachary; Inc. The hearing
was advertised in the -North Andover Citizen on September:: .12 -and
19, 1983 and all abutters -were notified by mail. The following
members were present: - Michael -P. Roberts , Vice Chai rman-;-=-Jo-hn A.
James, Jr„ Clerk-; John-°:J..Burke; and Erich W. Nitzsche
The petitioner-seeks.a Special Permit under Section_4.133{d) of -
the Zoning By Law which requires a Special Permit to allow con=-=
struction within 100 feet horizontally from the edge of all tri-
butaries of Lake Cochichewick. The proposed construction activity
is adjacent to but not within a wetland area. The premises is
known as Lot 3 - Road A, or Lot 3 - Bear Hill Subdivision, and is
located on the West side of Road A, having a total area of 47,706
square feet with 150 feet of frontage.in-the Residential -2 (R-2)
zoning district.
The construction of the proposed two-story, single family; wood -
frame dwelling .will have the following dimensions: 75 feet ..front
28 feet deep; 28 feet height,_including associated structur..es.
At the public hearing, the applicant, Designer Homes, testified
through his representative Mr..Joseph Cushing of Richard F -.-Kamin-
ski and Associates, Inc. the following.
The purpose for which this Special Permit is sought upon this
application is to permit the construction of the previously des-
cribed single family home and associated structures within 100
feet of a wetland tributary to Lake Cochichewick, the town's
Lot 3 - Road A, Bear Hill Subdivision
S p e c i al Permit - Watershed District
November 8, 1983
Page 2 (jr�'� ; �9 i,:F? 183
water supply. The dotted line shown on the referenced site plan
denotes the wetland boundary determined by the landowner and the
Department of Environmental Quality Engineering on May 25, 1982.
To the west side of the stone wall the rear property line is a
wetland tributary which flows toward Dale Street and the Leland
bog. Although construction will occur within the 100 foot limi-
tation, there will be no mitigating devices within that designated
area. The construction as proposed by the applicant will permit
the uti-lization of the land in conformance with its main land use
designation with minimal environmental effects. There is no sur-
face water in the area, and the wetland was determined due to the
type of vegetation.evident on the parcel.
Mr. Cushing further stated that no siltation or erosion will occur
as a result of on site development, and haybales will be appro-
priately placed beginning at the northwest corner of the dwelling
(211 contour) and extended to the southern property line (205 con-
tour) and wherever else deemed necessary by the Planning Board.
The road and utilities will be installed prior to house construc-
tion. Only the work permitted under the granted Special Permit
dated January 26, 1983.-wi1.1 be allowedlin the rear of said parcel.
All other wo..rk ,-i s governed by- this Special Permit.
Ther -Planning- Board -..requested -th-at the appl i cant relocate :the-dwe-l1-i ng
closer to_the_:minimum 30 -`foot --front setback to avoid disturbance
of: -land on.. -the downslope_- side ofsaidlot, the site of the brook
and -wetland.- This wil-1 eliminate potential adverse effects on
the parcel; to surrounding -.land owners, and to Lake Cochichewick.
The revi-sed plan shall reflect this request.
The fol -lowing members. were present and voting at the December 27,
1983 Planning Board meeting when the Board rendered i.ts decision:
Paul A. Hedstrom, Chairman; Michael P. Roberts, Vice Chairman;
John A. James, Jr., Clerk; John J. Burke; and Erich W. Nitzsche.
Upon a motion made by Mr. Roberts and seconded by Mr. Nitzsche,
the Board voted to grant the Special Permit requested, subject to
the following conditions:
1. Only the proposed work -shown on the plan entitled "Site Plan of
Land on Lot 3, 'Bear -Hill' North Andover, Mas -s,." by Richard F.
Kami-nski-and Associates, Inc., dated September 9, 1983, revised
September 305 1983, is allowed under this Special -Permit.
Lot 3 - Road A, Bear Hill Subdivision,
Special Permit - Watershed District
November 8, 1983
Page 3
2. Upon completion of final grading and construction, a certified
"As Built" plan from a Registered Professional Engineer and/or
Registered Land Surveyor shall be submitted to the Planning
Board for review of compliance with said approved plan. Cer-
tification will state total compliance in all respect to said
plan.
3. All haybales shall be in place and the corners of the house
staked and reviewed by the Planning Board prior to construction.
4. All construction shall comply with the Conservation Commission's
Order of Conditions, -issued on October 13, 1983, DEQE File _No.
242-210.
5. An Approval Not. Required Plan shall be submitted to the Planning
Board denoting all easements located on Lot 3 to be recorded at
the.Registry of Deeds.
b. A no -cut buffer zone shall exist 25 feet horizontally from the
edge.of all tributaries in the Watershed, according to Section
4.133, Par. 3(c) of the Zoning By Law, unless conditioned upon
the granting of a variance from the North Andover Board of
Appeals.
7. Any departures from the approved plans and/o-r condit=ions will -
be consi-dere.d _due cause for the recissi-on.-of-this- permit grante.d
by the Planning Board.
In granting the -Special ---Permit, the Planning Board finds-, pursuant
to Section .10:31, -Conditions--for-:Approval- of Special Permits that -
the -fol lowing=eondi t -ions- are- met. .
a. The specific site, Lot.3 - Bear -;.Hill, on Road -A is an appro-
priate ---location- -for -a single family residential -use in the
Watershed, due to the fact that the enginee-r and environmental
biologist have- 'fu.l.l-y.-- demons trated-that _..no contamination of the
water supply or disruption of the Watershed District will occur
from -site development.
b.: Theresidentialuse permitted in the P,-2 zoning-district=will
note -adversely affect the surrounding residential neighborhood
or Watershed, since the applicant is taking the necessary pre-
cautions to minimize any impact to the wetland and brook.; and
is a continuation of.its allowed surrounding residential -use.
c. As a resul-t -of --the ingress/egress being- 1 ocated-Jn the -south-
east corner of the lot, away from the loop intersection of
Road A to the east, no nuisance or serious= -hazard to vehicles
or pedestrians exists.
d. Adequate and appropriate facilities, such as public water and
Lot 3 Road A, Bear Hill Subdivision
Special Permit - Watershed District
November 8, 1983
Page 4
DEC
sewer, will 'be provided for the proper operation and occupancy
of the proposed residential use.
e. Based on site visits, the public hearing process, and review
and input by appropriate town boards and departments, the
single family use is considered to be in harmony with the
general purpose and intent of the Zoning By Law.
Si ncere1y,
PLLAANNING BOARD
Paul A. Hedstrom,
Chairman
jw
cc Applicant
Project Engineer
Highway Surveyor
Board of Public Works
Board -of -Health
Conservation -Commission
Fire -Ch_i of
Bui_-ldfng-I-nspector
Parties -1n Interes
D E-Qf .
Recorded Feb -7,10
84 at 2:3;�FE; ;;2096
JL _ ,..:
Pf1�BBfBB B0,�B0
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Ot NORIr 1
3 e..n OG
4SS4CMUO
NOTICE OF DECISION
Date of Hearing September.26.,,.1983
Petition of Designer ,Homes
.by..ZacharX
.
Inc : _ .. _ .... .
Premises affected ..4qt.
3, Road.
'A' Bear
Hill Subdivision. .. ..
Referring to the above petition for a special permit from the requirements
of the Ngivtb. Arldopei;,Zpning_B law,..Section. 4. 133 . Par:. 3d .
so as to permit .the ,constructign, of .a, single..famil dwelling and associated
,st-y gt;VvpA within ,100,', ,from the. edge of : a, tributary to. Lake. Cochichewick
After a public hearing given on the above date, the Planning Board voted
to .grant:........ the ....... Special Permit ...............:................
based upon the following conditions:
Signed
P�u�. A Hedstrom,. Chairman...
��ic�ael, P; . Rgberts � .Vice .Chairman
John. A. James Clerk ..
John J. Burke
................................
Erich W. Nitzsche
�lanningB oard '
_ _ P���nIKG BOA80
17
TOWN OF NORTH ANDOVER
+.;'. MASSACHUSETTS
EEG,1,;, � sem'
EECI < 0�
Mr. Daniel Long, Town Clerk
Town Office Building .
North Andover, Mass. .01845
E HoR7M
O ,�1ti
F = �
SSACMUSES
Re: Lot 3 - Road A, Bear Hill Subdivision
Special Permit - Watershed District
Dear Mr. Long:
This is to of h
have oWnied°h
-k- lk J
Ahy appeal shall be fil
within (20) days after
date of filing of this Noi
in the Office of the Tc
Clerk.
December 281 1983
A'Y" ;
The North Andover Planning Board held a public hearing on Monday
evening, September 26, 1983 in the Town Office Meeting Room upon
the application of Designer Homes by Zachary, Inc.- The hearing
was advertised in the -North Andover Citizen on September:._. -.12 and
19, 1983 and all abutters were notified by mail. The following
members were present: - Michael --P. Roberts , Vi ce Chai rman=;- Jo-hn A.
James, Jr., Clerk John --J. Burke; and Erich W. Nitzsche_
The petitioner -seeks a Special Permit under Sectio.n_4.133(d) of -
the Zoning By Law which requires a ')pecial Permit to allow con=
struction within 100 feet horizontally from the edge of all tri-
butaries of Lake Cochichewick. The proposed construction activity
is adjacent to but not within a wetland area. The premises is
known as Lot 3 - Road A, or Lot 3 - Bear Hill Subdivision, and is
located on the West side of Road A, having a total area of 47,706
square feet with 150 feet of frontage -in the Residential -2 (R-2)
zoning district.
The construction.of the proposed two-story, single family, wood -
frame dwelIing.wi1-1 have the following dimensions: 75 feet.front;
28 feet deep; 28 feet height, -including associated structures.
At the public hearing, the applicant, Designer Homes, testified
through his representative Mr. Joseph Cushing of Richard F.- Kamin-
ski and A-ssociates, Inc. the following.
The purpose for which this Special Permit is sought upon this
application is to permit the construction of the previously des-
cribed single family home and associated structures within 100
feet of a wetland tributary to Lake Cochichewick, the town's
AIR
Lot 3 - Road A, Bear Hill Subdivision
Special Permit - Watershed District
November 8, 1983
Page 2 CIFC ! iy;?}? 183
water supply. The dotted line shown on the referenced site plan
denotes the wetland boundary determined by the landowner and the
Department of Environmental Quality Engineering on May 25, 1982.
To the west side of the stone wall the rear property line is a
wetland tributary which flows toward Dale Street and the Leland
bog. Although construction will occur within the 100 foot limi-
tation, there will be no mitigating devices within that designated
area. The construction as proposed by the applicant will permit
the utilization of the land in conformance with its main land use
designation -with minimal environmental effects. There is no sur-
face water in the area, and the wetland was determined due to the
type of vegetation.evident on the parcel.
Mr. Cushing further stated that no siltation or erosion will occur
as a result of on site development, and haybales will be appro-
priately placed beginning at the northwest corner of the dwelling
(211 contour) and extended to the southern property line (205 con-
tour) and wherever else deemed necessary by the Planning Board.
The road and utilities will be installed prior to house construc-
tion. Only the work permitted under. the granted Special Permit
dated January 26, 1983. -Will be :allowed. in the rear of said parcel.
All- other wo.rk--is governed -by -this Special Permit.
The .Pla'nni ng- Board- requested--tha-t the applicant relocate :the- dwe-11-i ng
closer -:to _the=minimum 30--foot--front setback to avoid disturban-ce
of--land.on..the downslope.. -side of said lot; the site of the -brook
and wetland. - This -wil-1 eliminate potential adverse effects on
the parcel; to surrounding --land owners, and to Lake Cochichewick.
The revised plan shall reflect this request.
The fol -1 -owing members. were present and voting at the December 27,
1983 Planning Board meeting when the Board rendered i.ts decision:.
Paul A. Hedstrom, Chairman; Michael P. Roberts,. Vice Chairman;
John -A. -James, Jr.,.Clerk; John J. Burke; and Erich W. Nitzsche.
Upon a motion made 'by Mr. Roberts and seconded by Mr_ Nitzsche,.
the Board voted to grant the Special Permit requested, subject to
the following conditions:
1. Only the proposed work -shown on the plan entitled "Site Plan of
Land on Lot 3, `Bear -Hill' North Andover, Mass,." by Richard.F.
Kaminski. and Associates; Inc., dat-ed September 9, 1983, revised
September 30;-1983, is allowed under this Special -Permit.
Lot 3 - Road A,
Special Permit -
November 8, 1983
Page 3
Bear Hill Subdivision
Watershed District
2. Upon completion
"As Built" plan
Registered Land
Board for review
tification will
plan.
R
of final grading and construction, a certified
from a Registered Professional Engineer and/or
Surveyor shall be submitted to the Planning
of compliance with said approved plan. Cer-
state total compliance in all respect to said
3. All hay bales shall be in place and the corners of the house
staked and reviewed by the Planning Board prior to construction.
4. All construction shall comply with the Conservation Commission's
Order of Conditions, issued on October 13, 1983, DEQE File ..No.
242-210.
5. An Approval..Not._Required Plan shall be submitted to the Planning
Board denoting all easements located on Lot 3 to be recorded at
the Registry of Deeds.
6. A no -cut buffer zone shall exist 25 feet horizontally from the
edge of all tributaries in the Watershed, according to Section
4.133, Par. 3(c) of the Zoning By Law, unless conditioned upon
the granting of a variance from the North Andover Board of
Appeals,
7. Any departures from the approved-plansand/or condit=ions will
-
be considered ..due cause for the reci ssi.-on =of -t-hi-s- .perm t --granted
by the Planning Board. -
In granting the -Special --Permit, the Planning Board finds., pursuant
to'.Section .10:31, -Condit-ions-for -Approval- of- Special Permits-: that -
the -fol lowing ,conditions =are --met:
a. The specific site; Lot 3 - Bear Hill, on Road -A is an appro-
priate -location -.for a single family residential use in -the- =-
Watershed, due to -the fact that the engineer and environmental
biologist have- full -y-- demonstrated- that..,no contamination of the
water supply.or disruption of the Watershed District willoccur
from -site development.
b.: The residential use permitted in the R-2 zoning districtwill
not-adversely affect the surrounding residential neighborhood
or Watershed, since the applicant is taking the necessary pre-
cautions to minimize any impact to the wetland and brook.; and
is a continuation of -its allowed surrounding residential,.use.
c. As a resul-t -of the ingress/e.gress being- located _i -.n the. -.south-
east corner of the lot, away from the loop intersection of
Road A to the east, no nuisance or serious --hazard to vehicles
or pedestrians exists.
d. Adequate and appropriate facilities, such as public water and
Lot 3 - Road A, Bear Hi 11 Subdivision
Special. Permit - Watershed District
November 8, 1983 41oQ�
Page 4 �' g �2 C9
I
sewer, will be provided for the proper operation and occupancy
of the proposed residential use,
I
I e. Based on site visits, the public hearing process, and review
and input by appropriate town boards and departments, the
single family use is considered to be in harmony with the
general purpose and intent of the Zoning By Law.
Sincerely,
PLANNING BOARD
Paul A. Hedstrom,
Chairman
jw
cc Applicant
Project Engineer
Highway Surveyor
Board of Public Works
Board -of -Health
Conservation.C.ommission
Fire -Chief
Bui-ldin-g--l-nspector
Parties 1n Interest
D,E-Q-E
Recorded Feb -7,1984 at 2:39r -_P,.' ;'2096
i
P6A��1nG-80��0
TOWN OF NORTH ANDOVER
MASSACHUSETTS
NORTH
04
- D
,s,SACHUSES�
NOTICE OF DECISION
Date... uctaLex .25.. JUL 'J.......
Date of Hearing
Petition of , , ,Designer Homes, by. Zachary,
..Inc.
.. • .... , . , . .... • • . • • • . ,
Premises affected Lqt, 2, ,Road , ;A; ,,, ,Bear ,Hill, ,Subdivision . . . . . ....... .
Referring to the above petition for a special permit from the requirements
of the .. Noxth. Aiidovex..ZoxdxLg .ByJ aw, . Sactiop..4. 1 .3.. .fax.... d..........
so as to permit ..the. �ans.txuctipn .off . a .Si g.1.� . am�.lii. �y�e�� pg ,qji �. , , , _
.asSaciaad.Stx:uGtuxaS.�d.ltkli...�A.O.! tq, Lake,Coehichewick.
After -a public hearing given on the above date,- the -Planning Board voted --
to .gzant.......... the ..Sperra.al. 'admit ...........................................
based -upon the following conditions:
Signed
Paul. A:. Hedstrom,. ,Esq ....Chairman
. .. . .. . .. .. ....
Michael, P.. ,Roberts i Vice. Chairman
..... . .. . ..... ...
John .A. , James_ . Jr : , Clerk.. .
John J. Burke
Erich W. Nitzsche
' . ' .... ' .planning . Board ...... .
T`OWN OF NORTH ANDOVER
MASSACHUSETTS
OCT c5 ? 31 PN '83
Any appeal $hall be filed
within (20) days after the
date of filing of this Notice
in the Office of the Town
Clerk.
f µORTIy
�O`t^�.o �e,ti0
ril(8 IS t0 c91'u
. . p have fY that twenty (20) days
6
* s ftm dab
wftwavof
ef1sled
9'
DoW
SSS^CRUSES ��
Town
0 c t oFb e.r, 2-5'; =_19 8 3
Mr. Daniel Long, Town Clerk
Town Office Building°-
North Andover, Mass. 01845
nr L`
Re : Lot 2 - Road A, Bear Hill Subdivision
Special Permit - Watershed District
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
Monday evening, September 26, 1983 in the Town Office Meeting
Room upon the application of Designer Homes by Zachary, Inc.
The hearing was advertised in the North Andover Citizen on
September 12 and 19, 1983, and all abutters were notified by
mai 1 . The fol lowi-ng membe-_r-s were present: -Mi cha.el __P. Roberts, _
Vi-ce Chairman; John A. James, Jr;J Clerk--John----J. Burke; and --
Erich-W. Nitzsche.
The applicant seeks a Special Permit under Section 4.133 (d) of
the North Andover Zoning By Law which requires a Special Permit
from the Planning Board to allow construction -to -occur within
100 feet -horizontally from the edge of all tributaries of Lake
Cochichewick. The proposed construction activity will be adjacent
to but not in a wetland area. The site is known as Lot 2 - Road A,
or Lot.2 - Bear Hill Subdivision and is located on the west side
of Road A with a total area of 47,443 square feet with 153.95
feet of frontage in the Residential -2 (R-2) zoning district.
The construction of .the proposed two story, single family, wood
frame dwelling will have the following dimensions: 78 feet front;
28 feet deep; 28 feet height; including associated structures.
Present at the hearing was Mr. Joseph Cushing of Richard F. Kaminski
and Associates, Inc., representing the petitioner, Designer Homes,
and provided the following information.
The reason for the petition is to allow the proposed on site con-
struction within the 100 foot limitation to the edge of a wetland
tributary to Lake Cochichewick. A previous Special Permit was
granted,,dated January 26, 1983 for.the construction of a 175,000
square foot storm water -detention pond encompassing Lots 2 through
0
Lot 2 - Road A, Bear Hill Subdivision
Special Permit - Watershed District
October .25, 1983
Page 2
6, Road A, Bear Hill.
0
NCE
,i i)t
OCT 15 23, PH '93
On the site plan the wetland is denoted as a dotted line. The
tributary to the rear of the parcel on the west side of the stone
wall flows toward Dale Street and Leland's bog. The proposed
construction will permit the utilization of the land in con-
formance with its main land use designation with minimal en-
vironmental impacts. There is no surface water in the immediate
area and the wetland designation exists due to vegetation type.
There will be no work on the downslope of Lot 2. Mr. Cushing
emphasized that there will be continual erosion checks scheduled
to minimize erosion and siltation. Haybales will be placed
beginning at the northern lot line (contour 198) to the southern
lot line (contour 206) and, where required, additionally else-
where. The road and utilities will be installed prior to house
construction.
The Planning Board required that the applicant relocate the dwelling
closer to the minimum 30 foot front setback to increase the
area of no fill to the rear of the property, thereby avoiding
land disturbance near the wetland tributary. Mr. Cushing stated
that he will consider the request and relocate the house 4.0'feet
from the front lot line and revise the plans.
The following members were present at the=:October-.24,-1983 meeting
when the Board rendered its decision: Paul A. Hedstrom, Esq., Chair-
man; Michael P. Roberts, Vice Chairman; John A. James, Jr., Clerk;
John J. Burke; and Erich W. Nitzsche.
Upon a motion made by Mr. Roberts and seconded by Mr. James,
the Board voted to grant the Special Permit requested, subject to
the following conditions.
1. Only the proposed work shown on plan entitled " Site Plan of
Land on Lot 2, 'Bear Hill', North Andover, Mass." by Richard F.
Kaminski and -Associates; Inc., dated September 9, 1983 and
revised September 30, 1983, -is allowed under. -this Special Permit.
2. Upon completion of final grading and constructiion, a certified
"As Built" plan from a RegisteredProfessional Engineer and/or
Registered Land Surveyor shall be submitted to the Planning
Board for review of compliance.with said approved plan.
Certification will state that the "As Built" grading and con-
struction complies in all respect to said plan.
3. An Approval Not Required Plan shall be prepared and submitted
to the Planning Board denoting the proposed sewer easement
to be properly recorded at the Registry of Deeds.
Lot 2 - Road A, Bear Hill Subdivision
Special Permit - Watershed District
October 25, 1983
Page 3
•
RR gRFCEt;='fir
OCT 25 2 31 pH °83
4. Haybales shall be in place and the house corners staked to
be reviewed by the Planning Board prior to construction.
5. All construction shall comply with the Conservation Commissions
Order of Conditions, issued September 30, 1983, D.E.Q.E.
File No. 242-209.
6. A no -cut buffer zone shall exist 25 feet horizontally from the
edge of all tributaries in the Watershed, according to
Section 4.133, Par. 3 (c) of the Zoning By Law, unless con-
ditioned upon the granting of a variance from the North
Andover Board of Appeals.
7. Any deviation from the approved plans and/or conditions will
be considered due cause for the recission of this permit
granted by the Planning Board.
In granting the Special Permit, the Planning Board finds, pursuant
to Section 10.31 of the Zoning By Law, Condit$ons for Approval of
Special Permits, that the following conditions are met:
a) The specific site, Lot 2, Bear Hill on Road A i,s a suitable
and appropriate location for a single family residential
use due to the facts and, information presented by Mr. Cushing
that -no environmental ill effects- wi 1-1 occur in the Watershed
District from site development.
b) The on site residential use is a continuation of the permitted
uses in the R-2.zoning district and will not adversely affect
the Watershed District or any surrounding residential neighbor-
hood. The development is engineered and designedtominimize
impacts to the wetland tributary.
c) As a result of the ingress/egress being located north of the
Road A loop intersection, no nuisance or serious hazard to
vehicles or pedestrians exists.
d) Adequate and appropriate facilities, such as public water and
sewer connection, will be provided for the proper operation
and occupancy of the proposed residential use.
e) Based on site visits, the public hearing process, and review
and input by appropriate town boards and departments, the single
family use in the Watershed District is consider -ed to be - in
harmony with the general purpose and intent of the Zoning By Law.
Sincerely,
PLANNING! BOARD
Paul A. Hedstrom,
jw
Chairman
-23
;:TOWN OF NORTH ANDOVER
MASSACHUSETTS
h - r
CI' : -1ER
1AR d 18
59 A,
83
Mr. Daniel Long, Town
Town Office Building
North Andover, Mass.
Clerk
01845
January 26, 1983
Re: Bear Hill Subdivision - Lots 2 through 6
Zachary Realty Corporation - Special Permit - Watershed
Dear Mr. Long:
The North Andover Planning Board held a public hearing on Monday
evening, January 3, 1983 in the Town Office Meeting Room upon the
application of Zachary Realty Corporation. The hearing was ad-
vertised in the North Andover Citizen on December 16 and 23, 1982
and all abutters were notified by certified mail. The following
members were present: Michael P. Roberts, Vice Chairman; Walter
McDonough, Clerk; Erich W. Nitzsche; and John J. Burke.
The petitioner seeks a Special Permit under Section 4.133 of the
Zoning By Law so as to permit the construction of a storm water
detention pond located within 100 feet of a wetland tributary to
Lake Cochichewick on the premises located on the East side of
Bear Hill Road and known as Lots 2, 3, 4, 5, and 6 Bear Hill Road.
This project is also regulated by the North Andover Conservation
Commission under D.E.Q.E. File No. 242-158.
Th•2 applicant testified, through his engineer, that the houses are
not yet sited and that they will be on municipal sewer and that
the granting of said Special Permit will in no way derogate from
the intent and purpose of the North Andover Zoning By Law.
The site affected is located in the R-2 zoning district, possessing
an area of 175,000 + square feet, with 600 + feet of frontage. The
proposed detention pond construction will allow for the development
of adjoining up -flow properties, while regulating the rate of storm
water run-off to have no increase in flooding potential.
The following.members were present and voting at the meeting of
January 17, 1983 when the Board rendered their decision: Paul A.
Hedstrom, Esq., Chairman; Michael P. Roberts, Vice Chairman; Erich
Nitzsche; and John J. Burke.
Bear Hill Subdivision
Zachary Realty Corp.
Special Permit - Watershed
January 26, 1983
Page 2
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Upon a motion made by Mr. Roberts anO seconded by Mr. Burke, the
Board voted unanimously to grant the Special Permit, subject to
the following conditions:
1. Only the proposed work shown on a plan entitled "Proposed
construction of detention pond, Bear Hill, located in North
Andover, Mass." by Kaminski, Gelinas and Associates, Inc.,
dated November 24, 1982, is allowed under this Special Permit
for construction of a storm water detention pond.
2. Following the completion of the proposed work., an "As Built"
topographic plan shall be submitted to the Planning Board
delineating all features constructed on Lots 2, 3, 4, 5,
and 6.
3. Erosion and sedimentation control measures as required by
the North Andover Conservation Commission shall remain in
place until the vegetation has been thoroughly established
for at least one full year from the date of construction
or when a Certificate of Compliance has been issued by
the Conservation Commission, whichever is sooner.
4. If any unforseen problems and/or erosion occurs during con-
struction, the Planning Board will be notified so that
corrective measures can be implemented immediately, thereby
fulfilling the intent of the Watershed District protection
by-law, Section 4.133.
5. No work shall begin until the record owner(s) of the subject
land forthwith execute and record a "covenant running with
the land", or otherwise provide security for the construction
of ways and the installation of municipal services within said
subdivision, all as provided by M.G.L. Chapter 41, Section 81-U.
6. Lots 2 through 6 of said subdivision shall not be released from
either covenant or security agreement until all work has been
properly executed and stabilized.
7. A no cut buffer zone shall exist 25 feet horizontally from the
edge of all tributaries in the Watershed, according to Section
4.133, Par. 3(c), unless conditioned upon the granting of a
variance from the North Andover Board of Appeals.
In granting the Special Permit, the Planning Board finds,.pursuant
to Section 10.31 of the Zoning By Law that:
a) The specific site is an appropriate location for such a use.-
b)
se;b) The use as developed will not adversely affect the neighborhood;
Bear Hill Subdivision
Zachary Realty Corp.
Special Permit - Watershed
January 26, 1993
Page 3
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; and
e) The use is in harmony with the general purpose and intent of
the Zoning By Law.
Sincerely,
PLANNING BOARD
(A.
Paul A. Hedstrom, Esq.,
Chairman
PAH/jw
cc Applicant
Building Inspector
Board of Health
Highway Surveyor
:Board of Public Works
Conservation Commission
DEQE
Parties in Interest
Project Engineer