HomeMy WebLinkAboutMISCELLANEOUS (2) 1,e9 � �
Form - L ,
Departmental Referral Form
To: B,uildizspector
0 en S ace Commltt
ee
Director of Community Development
Director, Public Works
Fire Chief
Health Agent
Police Chief
From: Town Planner and /or Planning Secretary, Planning Office
Re: Preliminary Plan
Definitive Subdivision
L/'Special Permit
Site Plan Review
na
Date: C 7 I �
A Public Hearin has been scheduled for a m. on /�(, W9
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to discuss the plans checked above. (Preliminary plans do not require public hearings.)
The Technical Review Committee Meeting is scheduled
Thank You.
C V-
ii
�I THE ZONING BY LAW
TOWN OF NORTH ANDOVER, MASSACHUSETTS
1972
OFReprinted 1984
NNW
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S�{C H u S.
PLANNING BOARD
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regardless of ownership and the operation r
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 Cochich-
ewick , our source of water. supply, is intended
to preserve and maintain the filtration and
purification function of the land, the ground
water table, the purity of the ground water and
the lake , to conserve the natural environment
and to protect the public health, safety, and
welfare.
( 2) Prohibited Uses:
a) , Dumping trash, rubbish, garbage, wood
stumps , peat, junk , or other waste
materials./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 .
b) When the Watershed District boundary divides
a lot of record on June 26, 1978 in one
ownership, all the zoning regulations set
forth in this Zoning By-Law applying to the
greater part by area of such lot so divided
may, by Special Permit , be deemed to apply
and govern at and beyond such Watershed
District boundary, but only to an extent not
more than one hundred (100) linear feet in
depth (at a right angle to such boundary)
into the lesser part by area of such lot so
divided .
{ c) A no-cut buffer zone shall exist one hundred
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fifty ( 150) feet horizontally from the
annual mean high water mark of Lake Cochich-
ewick and twenty-f
from the all tributaries in the
d) No cons t,"ct,,i Q;j 4ball occur two hundred
fifty7250) feet horizontally from the
annual mean high water mark of Lake
horizontally from the
Cochichewick and one hundred ( 100) feet
e11-1-111...........
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,�,_taries , except by Special Permit .
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4. 134 Flood Plain District
( 1) Flood Plain District
The Flood Plain District is herein established
as an overlay district. The underlying per-
mitted uses are allowed provided that they
meet the Massachusetts State Building Code
dealing with construction in floodplains and
the following additional requirements . The
Flood Plain District includes all special
flood hazard areas designated as Zone A,
Al-30 on the North Andover Flood Insurance
Rate Maps, (FIRM) , and the Flood Boundary
and Floodway Maps , dated June 15, 1983, on
file with the Town Clerk, Planning Board,
Conservation Commission, and Building
Inspector. These maps , as well as the
accompanying North Andover Flood Insurance
Study, are incorporated herein by reference .
( 2 ) Development Regulations
a) Within Zone A .of the Flood Plain District,
where base flood elevation is not pro-
vided on the FIRM, the applicant shall
obtain any existing base flood elevation
data and it shall be reviewed by the
Building Inspector for its reasonable
utilization toward meeting the elevation
or floodproofing requirements , as appro-
priate, of the State Building Code .
b) In the floodway, designated on the Flood
Boundary and Floodway Map, the following
provisions shall apply:
OCT-14-1999 12:570 HATEM and MAHOHEY 9?8 682 1712 P.03.1"03
Daj�1E'!
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• TG`s N C, ,- ' .:
HGRTN Ai OOi LR
'EMER 16, 1985
-nditional Approval
,ventry Estates
jefiniti.ve Subdivision
DEFINITIONS SECTION
Developer: shall mean Coventry Development Corporation, 1.00 Lindbergh
Avenue, Methuen, Ma and its successors.
The Board: shall mean.' the Planning Board of the `town of North
Andover, Ma.
The Rules: shall mean the Rules and Regulations Governing the
Subdivision of Land - North Andover , MA. issued by -said Board and as
amended through this date.
The. Plan: shall mean sheets one . through four. , grading plan sheets
1-4, plan & profile sheets 1-9 of the Definitive Plan of "Coventry
Estates" prepared by Beta International, Inc. , dated July 1985 revised
November 8, ,
1 . The pending Notice of' Intent presently before. the North Andover
Conservation Commission shall be the determining factor regarding
restrictions on wetland work within the subdivision. The
applicant shall be governed_ by the Commission under M.G.L. Chapter
131 - Wetlands Protection Act, and the local Conservation
Commission' s local regulations . Any changes required may be cause
for reconsideration of the subdivision. under M.G.L. Chapter 41 .
2. If the Conservation Commission insti.tutes, or recommends any
efinitive plan, the applicant shall
changes to the approved d
submit all information to the Board for review of any major
revisions which may be considered for modification under Chap.41 .
- 3. In accordance with the Conservation Commission' s comments and
to orandum dated December 10, 1985:
that :the portion of the subdivision fronting oil. Dale Street,
spebiEieally' Lots 1 through 5 that is within 100 feet of the
wetland tributary, may have restrictions imposed rendering these
lot�s.- unbuiidable. These jolts will not be released from the
restirictive covenant until the time in which all permits have been
approved. Copies of all approvals and plans shall be submitted to
Board for approval.
- Due to steep slopes on lots 17 through 30, both temporary and
permanent erosion control and stabilization measures shall be
implemented during and after construction. Mitigating plans
sbipul.ating erosion control shall be submitted for approval.
4. The Planning Board will. require a bond in the amount of $126,000
or $3 ,000 per lot to cover erosion control measures during
construction. If the erosion measures_are deemed inadequate to
- - -' - TOTAL P.03
b (J
L{ 11/18/99
475 Dale Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Victor L. Hatem, Trustee of the
October Lane Trust, 127 Turnpike Street,North Andover, MA 01842, December 4, 1998, requesting a Special
Permit under Section 4.133 and 10.3 ofthe Zoning By-Law in effect on December 26, 1984 to construct a single
family residence in the Watershed Protection District.
FINDINGS OF FACT:
In accordance with Section 10.31 of the Zoning Bylaw in effect on 12/26/84,the Planning Board as the Special
Permit Granting Authority shall not approve any application for a Special Permit unless it finds that in its
judgment all of the following conditions are met::
1. The specific site is an appropriate location for such a use,structure or condition;
The Board finds that this specific site is not an appropriate location for the construction of a single family home
and driveway as the home is located 49' from the edge of a tributary as defined in the 1984 Zoning Bylaw.
There is also a tributary on the adjacent side of the proposed home located.approximately 50' from the proposed
home.
2. The use will not adversely affect the neighborhood;
The Board finds that the use as developed will adversely affect the neighborhood. One of the primary sources
of elevated suspended solids,nutrient, and bacteria concentrations in the Lake is the erosion of soils in areas of
new construction. The construction proposed for this site is only 49' and approximately 50', respectively, from
the edge of the tributary, a sufficient buffer has not been preserved to protect the tributary from the erosion of
soil.
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
The Board finds that the construction of the single family home would not provide a nuisance or serious hazard to
vehicles or pedestrians;
4. Adequate and appropriate facilities will be provided for the proper operation ofthe proposed use;
The Board finds that adequate and appropriate facilities have not been provided for the proper operation of
the proposed use. Sufficient information has not been provided demonstrating that the operation of the proposed
use will properly protect the Watershed,due to the fact that there are tributaries on both sides ofthe proposed
construction.
5. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding
that the use is in harmony with the general purpose and intent of this bylaw.
The Planning Board finds that the use is not in harmony with the general purpose and intent of the North
Andover Zoning Bylaw as all feasible steps to protect the Watershed have not been taken.
CONCLUSION:
1
11/18/99
The Planning Board finds that this project does not meet the above referenced conditions therefore the Board
herein denies this request for a special permit.
The following plan shall be deemed a part of this decision:
a) Plan titled: Site Plan of Land in North Andover,MA
Drawn for Attorney Peter Hatem
127 Turnpike Street
North Andover,Massachusetts 01845
Prepared by: Merrimack Engineering Services,Inc.
66 Park Street
Andover,MA 01880
Scale: 1"=20'
Date: June 29, 1999
Sheet: 1 of 1
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