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HomeMy WebLinkAboutMiscellaneous - 154 JOHNSON STREET JOYCE EfWl :.A CLEFON TOWN OF NORTH ANDOVER NORHHANDOVER MASSACHUSETTS NOV Z7 II co A '9 ��- PLANNING BOARD , APPLxCATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: John J. Burke Address: 71 Sutton Hill Rd. North Andover, .Mass. 01845 I. Application is hereby made (a) For a SpecialPermit- under Section 7 ' Paragraph 2.2 of the Zoning Bylaw. 2 (a) Premises affected are land x and buildings numbered 154, 164 Johnson St Street. (b) Premises affected are property with frontage on the North South East x West side ' of Johnson Streets known .as No. on St Street, (c) Premises affected are in Zoning ,District u I ark the premises affected have an area of w .,41 9 cFt and frontage of 350. 17 feet. 3. ownership: (a) Name and Address of owner' (if ,joint ownership, give a111 names) sgood Date of purchase Previous owner (b) If applicant is not owner, check his interest in the premises:, X Prospective purchaser Leasee Other (explain) 4 Size of proposed building: front: feet deep Height: stories: feet. (a) Approximate date of erection (b) occupancy or use (of each floor) (c) Type of construction 5 . Size of Existing Building: feet front: feet deep Height: stories feet. (a) Approximate date of erection (b) occupancy or use (of each floor) Has there been ' a previous application for a Special Permit from the Planning Board on these Promises? N If so, when 7 . Description of purpose for which Special Permit is sought on this petition: To create a fr xcentjan,lot aA. allowed hu go P Uon 7.2.2 of the North Andover Zoning b 1a 2354 20 8 . Deed recorded in the Registry of Deeds in Book i4a Page 144 or Land Court Certificate No.. Book Pare 9 . The principal points upon which I base may, applicacion are as follows (must be stated in detail) . This type of lot is allowed and there is not - ` lv a outage. I , agree to pay for advertising in new and postage fee for mailing legal notices to "P rti s in Interest" . i (P itioner, ign ure) Every application for action by the Board shall be made on a form approved by the Board. .: These forms shall be furnished by the Clerk upon request. Any communication supporting to be an application shall be treated as more notice :of intention to seek relief until such time as it is made on the official application form. All information called for 'by the form shall be furnished by the applicant in the manner therein. Every application shall be submitted with a . list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or, way 'and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of such .owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAMES ADDRESS Add additional sheets if necessary Any question should be directed to the Planning Office IST OF PARTIES OF INTEREST PAGE—�_OF—(-- UBJECT PROPERTY AP PARCEL JNAME JADDRESS 97 V 6 ry e e AACS`! /V- fl v�•-�- b B e r,')cL Sf- '/v. ABUTTERS ' MAP PARCEL 'NAME ADDRESS c r., 1? L 3-o nSa,. S xe'F'" Al. IQ' ! 2 8 �f ve, a n�,�sa.. S{ �e e`f Z tZ��� r SS I.. s ve e` - , vltin LAJ- Piz r t(s� Z �affil l t' r-� S F% !V C 1� -1 li a C ry G— CQ 0 �� t,v�tl a C.-. ke l''ls /rl A + / ` .t I2 ,. �iV,JNe1s0 N. I ,�1, ru er- j7, It 51: ' i ----------------- � f li i l� vnd-G�v �� �G�'�C� �� �� RE.GE 1yi DAVIS, MALM & D'AGOSTINE YO R G S 11uA M RK APROFESSIONALCORPORAi YiVATTON ��fi ����##,�, �dViG�11� in ONE BOSTON PLACE BOSTON,MASSACHUSETTS 02108-"70 MAR 15 2 Q2 PP % Julian J.D'Agostine Alan L.Stanzler Harold G.Clarke,Jr. C.Michael Maim Grover S.Parnell,Jr. Robert Z Diettrich Harold R.Davis Robert J.Galvin J.Gavin Cockfield Frank P.Conrad Peter Myerson Ellen Donovan McCann William E Griffin,Jr. John D.Chambliss Thomas S.Fitzpatrick TTELEPHONE:(617)367-2500 Paul E.Levenson Carol R.Cohen Robert E.Richards,Jr. 'TELECOPIER(617)523-6215 Robert C.Gerrard Howard P.Speicher Lori H.Freedman John G.Serino Paul L.Feldman Laurie M.Ruskin John R.Berman Kevin F.Long Sidney J.Wartel Peter L.Koff Gary S.Matsko Gary M.Feldman March 14, 1996 Judith Ashton John A.Dziamba John T.Lynch George A.Hewett HAND DELIVERED Joyce A. Bradshaw, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re: John J Burke v Town of North Andover Planning Board Dear Ms. Bradshaw: You are hereby notified pursuant to G.L.c. 40A, Section 17 that the plaintiff in the above-referenced matter on March 13, 1996 filed an action in the Land Court appealing the decision of the North Andover Planning Board,which was filed with the Town Clerk on February 28, 1996 purporting to deny a special permit with respect to the property at 154-164 Johnson Street,North Andover. A copy of the complaint is attached hereto. Please acknowledge the date of the receipt of this letter on the copy provided as well as on the original and give the copy to the person delivering this letter. Very truly yours, Howard P. Speicher HPS/mtd Enclosures cc: John J. Burke Received: By: J:1SPEICHERWRKEIT0WNCLRK.SRV 00 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . URT MISC. NO. JOHN J. BURKE, Plaintiff V. JOSEPH V. MAHONEY, RICHARD ROWEN, ALISON LESCARBEAU, COMPLAINT RICHARD A. NARDELLA and JOHN SIMONS, as they are the members of the PLANNING BOARD OF THE TOWN OF NORTH ANDOVER, r-- Defendants c:: A INTRODUCTION C-) 1 . This is an action pursuant to G.L. c. 40A, §17 appealing a decision of the Town of North Andover Planning Board denying an application for a special permit . PARTIES 2 . Plaintiff John J. Burke is a resident of North Andover, Massachusetts and is the applicant for a special permit for the properties known as 154-164 Johnson Street, North Andover, Massachusetts (the "Property") . 3 . The individual defendants are the members of the North Andover Planning Board (the "Planning Board") . Their names and addresses are as follows: Joseph V. Mahoney 24 Mill Pond North Andover, MA 01845 Richard Rowen 102 Bearhill Road North Andover, MA 01845 Alison Lescarbeau 68 Laconia Circle North Andover, MA 01845 Richard A. Nardella 63 Haymeadow Road North Andover, MA 01845 John Simons 25 Ironwood Road North Andover, MA 01845 FACTS 4 . The Property is comprised of two contiguous parcels totaling 141, 415 square feet and with 350 .17 feet of frontage in an R-3 zoning district under the Town of North Andover Zoning By-law (the "By-law" ) . 5 . Plaintiff applied to the Planning Board for a special permit for a "frontage exception lot" on the Property pursuant to the provisions of Section 7.2 .2 of the By-law. -2- 6 . Section 7.2 .2 of the By-law permits the granting of a special permit for an exception to the lot frontage and lot width requirements of the By-law provided certain conditions are met . The conditions are as follows: a. The area of the lot exceeds by three (3) times the minimum area required for that district; b. The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width of not less than fifty (50) feet at any point between the street and the site of the dwelling; C . There is not more than one other such lot with frontage contiguous to it; d. The lot is so located as not to block the possible future extension of a dead end street; e . The creation of the frontage exception lot will not adversely affect the neighborhood; and f. The creation of the frontage exception lot is in harmony with the general purpose and intent of the By-law. 7 . The application submitted to the Planning Board by the plaintiff proposed the division of the Property into three lots, two of which meet all of the dimensional requirements of the By-law and one of which (the "frontage exception lot") has -3- _ w less than the 125 feet of frontage and lot width required, but which has more than 100 feet of frontage and lot width. 8 . The frontage exception lot proposed by the plaintiff to the Planning Board meets all of the requirements for the granting of a frontage exception lot special permit, as follows: a. The proposed frontage exception lot has over 75, 000 square feet of area, more than three times the required area of 25, 000 square feet in the R-3 zoning district; b. The proposed frontage exception lot has a continuous street frontage of not less than fifty feet and a width of not less than fifty feet at any point between the street and the site of the dwelling proposed for the lot; C . There is no other frontage exception lot contiguous to the proposed frontage exception lot; d. The lot is located so as not to block the possible future extension of a dead end street. There is sufficient area on the lot exclusive of the area for the dwelling so as to accommodate the possible future extension of a subdivision roadway on the adjacent land of John and Linda Parker. The adjacent land of Parker is in any event the site of an approved subdivision which does not -4- provide for or require any extension through the frontage exception lot proposed by the plaintiff; e. The creation of the frontage exception lot proposed by the plaintiff will not adversely affect the neighborhood and f. The creation of the frontage exception lot proposed by the plaintiff is in harmony with the general intent of the By-law. 9 . The Planning Board held a hearing on the plaintiff's application for a frontage exception lot special permit on January 2, 1996, and continued the hearing to January 16, 1996 and closed the hearing on February 6, 1996. On February 20, 1996, the Planning Board voted to deny the application. 10 . The Planning Board issued a written decision memorializing its denial of the plaintiff' s application. The decision was dated February 28, 1996 and was filed with the Town Clerk on the same date. A true copy of the decision, certified by the Town Clerk, is attached hereto as Exhibit A. -5- CLAIM FOR RELIEF G.L. c. 40A, 517 11 . Plaintiffs reallege and incorporate as if stated herein the allegations contained in paragraphs 1 through 10 of the Complaint . 12 . The denial of the special permit by the Planning Board was an abuse of the Planning Board' s discretion, exceeded the Planning Board' s authority and was on grounds that are legally untenable, unreasonable, whimsical, and arbitrary and capricious, for reasons including but not limited to those stated in the following paragraphs. 13 . The proposed frontage exception lot met all of the dimensional requirements of the By-law for approval of such lots, and had more than twice the minimum required frontage and width. 14 . The Planning Board found that theproposed frontage exception lot will adversely affect the neighborhood on the ground that it would be the only such lot in the neighborhood. This is in direct contradiction to the standards for the granting of a frontage exception lot special permit, which require, in Section 7.2 .2 (c) , that there not be other such lots nearby. 15 . The Planning Board found that the proposed frontage exception lot would not be in harmony with the general intent of the By- law on the ground that it would be a "non-conforming lot . " -6- Since the only nonconformity proposed, frontage and width, is exactly what the By-law contemplates in permitting approval of frontage exception lots, it is inconsistent with the By-law, an error of law and arbitrary and capricious to deny a special permit because of the very condition for which the By-law contemplates approval. 16 . The plaintiff' s application fully complied with all of the requirements for the issuance of the requested special permit. 17 . The plaintiff is aggrieved by the decision of the Planning Board. WHEREFORE, the plaintiffs request that the Court grant the following relief 1 . Hear the evidence and annul the decision of the Planning Board denying the special permit requested by the plaintiffs; 2 . Enter judgment ordering the issuance of the requested special permit, or in the alternative remand the matter to the Planning Board with an order for the Planning Board to take action consistent with the Court ' s decision; and -7- i 5 . Such other relief as the Court deems just and proper. JOHN J. BURKE, By his attorney, Howard P peicher/BBO#474380 DAVIS, MALM & D'AGOSTINE, P.C. One Boston Place Boston, MA 02108 Dated: March 14, 1996 (617) 367-2500 -8- r�ECE6',';:G JOYCE 9f�AGS'AW NORTH ANDOVER TpWN OF NORTH ANDOVER z Any appeal shall be filetl H A S S A C H t� S E T T S Fj3 (� �� r5 AM a within (20) days after the T date of filing of this Notice of"°:';�,, a in the Office of the Town AVEM Clerk. .. . • ATrneCOPY ` 1, '••..,,✓•..,� ILII /��r�_._ ACMU Town Clerk NOTICE OF DECISION Date. . . 28_, 1996 1/2%96, 1/16/96 Date of Hearing 2/6/96.. 2x20/96, , Petition of .John.J..Burke. ' Premises affected • 154•... . . .Johnson,street_ Referring to the above petition for a special permit from the requirements of the , North.Andover Zoning.Bylaw.Section.7:2.2 . _ . , _ , , , , , , , , , , , , , , , , , so as t0 c,�e�t #c allo,.a,frontage•exception_lot on•land.located at .154.164 .Johnson St. :after a public hearing given on the above date, the Planning Board voted DENY ,the special permit to . . . . . . . . based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Signed Assessors Police Chief Joseph, v., . ... . . Chairman, , , , , Fire Chief Applicant Richard. Rowen.,vice• Chairman. , , , Engineer Alison Lescarbeau,. Clerk, , , , ,, , , File . Interested Parties Richard la, , , , , , , , , , , , , , , , . . . . . . . John Simons .. . . . . . . . . . . . . . . . .pi? .nr�ine'�__Board Town of North Andover t AO*Tbt OFFICE OF o: 0 COMMUNITY DEVELOPMENT AND SERVICES . 146 Main Stredt ' r' North Andover,Massachusetts 01845 �'SSAc►+ust�`� (508)688-9533 February 21, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Special Permit - 154 - 164 Johnson St. Frontage Exception Lot Dear Ms. Bradshaw, The North Andover Planning Board was scheduled to hold a public hearing on December 19, 1995. Due to a snow storm, that meeting was postponed. The North Andover Planning Board held a regular meeting on January 2 , 1996 in the Senior Center behind the Town Building, upon the application of John J. Burke, 71 Sutton Hill Road, No. Andover, MA. 01845 for a special permit under Section 7.2.2 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on November 29 and December 6, 1995 and all parties of interest were duly notified. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, vice Chairman, Alberto Angles, Associate Member, Richard Nardella and John Simons. Mr. Rowen read the legal notice to open the public hearing. Atty. Howard Speicher was present representing Ben Osgood, Jr. and Jay Burke. Atty. Speicher stated that the proposed lot is in Residential - 3 district, is located directly on Johnson Street, doesn't block any property, has 125 feet of frontage and over 175, 000 square feet of area. He feels it meets the requirements of the Planning Board. Peter Rodriques, 128 Salem Street, a very close abutter, stated that he is adamently opposed to the granting of the special permit. Feels he has been kept in the dark and wonders what exactly is the intent here, one house or a future subdivision with many houses? Concerned about a water table hazard, traffic hazard, and additional noise due to more auto traffic if the land is allowed to 1 BOARD OF APPEALS 688-9541 BUMZING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parriao D.Robert Nicena Michael Howard Sandra Star Kathleen Bradley Colwell be developed. The reason he bought his property is for the privacy and feels that would be jeopardized if the land were developed. Julie Crocker, an abutter at 145 Johnson Street, is also in opposition and fully supports the Rodriques and other neighbors. Steve Marsand, 93 Johnson Street, asked if the special permit was essentially relief for the owners of the property? Ms. Colwell replied in the negative, that relief would come from the Zoning Board of Appeals. The special permit from the Planning Board is for the creation of a lot. Atty. Speicher explained to the many abutters that were present, that the application before the Board tonight was for the creation of just one lot, not a subdivision. Mr. Mahoney explained that if all the criteria are met, the Board could not deny the special permit. He also suggested that the parties involved speak privately regarding their concerns and is sure an agreement could be worked out. Discussion of this item continued until January 16, 1996. The North Andover Planning Board held a regular meeting on January 16, 1996. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. Ben Osgood, Jr. and,Atty. Howard Speicher were present with updates on this plan. In response to questions asked at the last meeting Atty. Speicher stated that the site distance going away from the old center is 450 feet, and going towards the old center it is 500 feet. The grade is 36 feet from front to back. Some issues with the Rodriques have been resolved, and some are continuing. Mr. Osgood would agree to creating a berm with white pines planted on top along the boundary with the Rodriques. They have hired an attorney and are all working together. Mr. Osgood has spoken with three neighbors who are not direct abutters, and he is addressing their concerns also. Mr. Simons stated that the Planning Board is trying to maintain some symmetry in Town, and feels this is stacking up one house behind the other. He suggests putting the house closer to the property line and positioning it in line with the other home. Mr. Osgood stated that he does not want an adverse effect with the neighbor, that the proposed home will have a "street scape" to Johnson Street Mr. Mahoney spoke of a letter the Board received from Judy Crocker stating her opposition to the proposed house. 2 Ms. Lescarbeau stated that she did not believe this lot fits in with the intent of the bylaw. Continued until the February 6, 1996 meeting. The North Andover Planning Board held a regular meeting on February 6, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, Richard Nardella and John Simons. The applicant requested a continuance until this meeting. At the last meeting the Board strongly encouraged the applicant and the abutters to meet and find some common ground. Mr. Osgood stated that he made several calls to the Rodriques and they were not returned. Atty. Philip Niman was present representing the Rodriques, abutters to the property in question. He stated that at the last meeting reference was made to a lawsuit stating that if all requirements are met the Planning Board must grant an affirmative vote. Mr. Mahoney maintains that is not correct but, the Board must not act capriciously or whimsically in making a decision. An abutter asked if this special permit is granted, would the neighbors have any say in the special conditions? Mr. Simons stated that is what we're trying to do now. Mr. Osgood stated that if the lot was sold, the seller would maintain some control over the style of home placed there. Atty. Niman wants to know who everyone is. If the applicant is the purchaser, who is the owner? Mr. Nardella stated that we grant to an applicant; it's up to them to be of good standing. Atty. Niman stated that you can't grant unless it is a proper party. Mr. Rowen stated that the Board is trying to eliminate stacked housing; and he asked at the last meeting if the home could be moved. Mr. Nardella asked how does a lot become conforming? Ms. Colwell replied that 25 more feet of frontage is needed. The subdivision rules and regulations state that a builder needs only 50 ' to build a road. Mr. Nardella stated that a builder could put a road and a small subdivision in. On a motion by Ms. Lescarbeau, seconded by Mr. Rowen, the Board voted unanimously to close the public hearing and directed staff to draft a decision for the February 20, 1996 meeting. The North Andover Planning Board held a regular meeting on February 20, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk and Alberto Angles, Associate Member. 3 At the last meeting Ms. Colwell was directed to draft a decision upon which the members would vote at this meeting. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted to accept the DENIAL decision as written by Ms. Colwell. The vote was as follows: Mr. Rowen yes Ms. Lescarbeau yes Mr. Angles yes Mr. Mahoney No Attached please find the special permit DENIAL. Sincerely, KAP Aa�66 V 'xx� oseph V. Mahon y, Chairman North Andover Planning Board 4 154-164 Johnson street Special Permit - Frontage Exception Lot The Planning Board herein denies this request for a special permit to allow the creation of a frontage exception lot under Section 7.2.2 of the Zoning Bylaw. This application was submitted by John J. Burke, 71 Sutton Hill Road, North Andover, MA 01845, dated November 27, 1996. FINDINGS OF FACT: 1. The area of the lot exceeds by three (3) times the minimum lot area required for that district. The R-3 Zoning District requires a minimum lot size of 25,000 S.F. The proposed lot contains 75,026 S.F therefore the size of the lot is sufficient. 2. The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width of not less than fifty (50) feet at any point between the street and the site of the dwelling. 3. There is not more one other such frontage exception lot contiguous to it. 4. The lot is located so as to block the possible future extension of a dead-end street. There is a proposed subdivision on the adjacent property owned by John W. & Linda E. Parker. The proposed roadway is a dead-end as there is not sufficient available land on the property to construct a connecting road. If this lot is created it will preclude the possibility of the roadway connecting through. 5. The creation of the frontage exception lot will adversely affect the neighborhood. There are not other frontage exception lots in the neighborhood. The house would be placed to the rear of all of the homes along the street, contrasting significantly with the site design and placement of the existing dwellings in the neighborhood. This will detract from the overall character of the neighborhood and this section of the community. 6. The creation of the frontage exception lot is not in harmony with theenera t g 1 intent of this Bylaw. The creation of this lot would violate the intent and spirit of the Bylaw through manipulation of property to essentially manufacture a non- conforming lot. The creation of this lot would overcrowd the land in creating a "second tier" of homes in the neighborhood. The value of adjacent land and buildings would not be conserved as the lot would be aberrant to the neighborhood. Given the above the Findings the Planning Board herein DENIES this application for a frontage exception lot. cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File Johnson.exc PUA�� [ hG 80A00T - ' Any appeal shall be fileTc w N O F NORTH A N D O V E R NSR NNANDOMER MASSACHUSETTS ��EBC I 15 A�f 'J6 within (20} days after.the date of filing of this Notice in the Office of the Town ? Clerk. SSA�MUSt''4. NOTICE OF DECISION Date. . ,February 28,, 1996 . , . 1/2/96, 1/16/96 Date of Hearing Petition Of .John J._Burke. . . . . . . . Premises affected , .154. . 164.Johnson Street. . , Referring to the above petition for a special permit from the requirements of the North.Andover.Zoning.Bylaw.Section.7.2.2 . , . so as to gtumiK allow.a frontage exception lot,on land .located at ,154.164 ,Johnson St. After a public hearing given on the above date, the Planning Board voted to .DENY . . . . . . . . . .the .special permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the foliocving conditions: CC: Director of Public Works Building Inspector r Natural Resource/Land Use Planner Y Health Sanitarian Signed ` Assessors Police Chief Joseph, . .. Mahoney.. Chairman. , , , , Fire Chief Applicant Richard_Rowen.. Vice. Chairman. , , Engineer File Alison. Lescarbeau: Clerk. , . , , interested Parties Richard Nardella , , , , , , , , , , , , , , John Simons .Planning . Board Town of North Andover NORTN OFFICE OF ��Og SE O 6 11OOL COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street North Andover,Massachusetts 01845 �9S34CNUS��� (508)688-9533 February 21, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Special Permit - 154 - 164 Johnson St. Frontage Exception Lot Dear Ms. Bradshaw, The North Andover Planning Board was scheduled to hold a public hearing on December 19, 1995. Due to a snow storm, that meeting was postponed. The North Andover Planning Board held a regular meeting on January 2,1996 in the Senior Center behind the Town Building, upon the application of John J. Burke, 71 Sutton Hill Road, No. Andover, MA. 01845 for a special permit under Section 7.2 .2 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on November 29 and December 6, 1995 and all parties of interest were duly notified. The following members were present Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella and John Simons. Mr. Rowen read the legal notice to open the public hearing. Atty. Howard Speicher was present representing Ben Osgood, Jr. and Jay Burke. Atty. Speicher stated that the proposed lot is in Residential - 3 district, is located directly on Johnson Street, doesn't block any property, has 125 feet of frontage and over 175,000 square feet of area. He feels it meets the requirements of the Planning Board. Peter Rodriques, 128 Salem Street, a very close abutter, stated that he is adamently opposed to the granting of the special permit. Feels he has been kept in the dark and wonders what exactly is the intent here, one house or a future subdivision with many houses? Concerned about a water table hazard, traffic hazard, and additional noise due to more auto traffic if the land is allowed to 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Stair Kathleen Bradley Colwell be developed. The reason he bought his property is for the privacy and feels that would be jeopardized if the land were developed. Julie Crocker, an abutter at 145 Johnson. Street, is also in opposition and fully supports the Rodriques and other neighbors. Steve Marsand, 93 Johnson Street, asked if the special permit was essentially relief for the owners of the property? Ms. Colwell replied in the negative, that relief would come from the Zoning Board of Appeals. The special permit from the Planning Board is for the creation of a lot. Atty. Speicher explained to the many abutters that were present, that the application before the Board tonight was for the creation of just one lot, not a subdivision. Mr. Mahoney explained that if all the criteria are met, the Board could not deny the special permit. He also suggested that the parties involved speak privately regarding their concerns and is sure an agreement could be worked out. Discussion of this item continued until January 16, 1996. The North Andover Planning Board held a regular meeting on January 16, 1996. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. Ben Osgood, Jr. and Atty. Howard Speicher were present with updates on this plan. In response to questions asked at the last meeting Atty. Speicher stated that thesitedistance going away from the old center is 450 feet, and going towards the old center it is 500 feet. The grade is 36 feet from front to back. Some issues with the Rodriques have been resolved, and some are continuing. Mr. Osgood would agree to creating a berm with white pines planted on top along the boundary with the Rodriques. They have hired an attorney and are all working together. Mr. Osgood has spoken with three neighbors who are not direct abutters, and he is addressing their concerns also. Mr. Simons stated that the Planning Board is trying to maintain some symmetry in Town, and feels this is stacking up one house behind the other. He suggests putting the house closer to the property line and positioning it in line with the other home. Mr. Osgood stated that he does not want an adverse effect with the neighbor, that the proposed home will have a "street scape" to Johnson Street. Mr. Mahoney spoke of a letter the Board received from Judy Crocker stating her opposition to the proposed house. 2 Ms. Lescarbeau stated that she did not believe this lot fits in with the intent of the bylaw. Continued until the February 6, 1996 meeting. The North Andover Planning Board held a regular meeting on February 6, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, Richard Nardella and John Simons. The applicant requested a continuance until this meeting. At the last meeting the Board strongly encouraged the applicant and the abutters to meet and find some common ground. Mr. Osgood stated that he made several calls to the Rodriques and they were not returned. Atty. Philip Niman was present representing the Rodriques, abutters to the property in question. He stated that at the last meeting reference was made to a lawsuit stating that if all requirements are met the Planning Board must grant an affirmative vote. Mr. Mahoney maintains that is not correct but, the Board must not act capriciously or whimsically in making a decision. An abutter asked if this special permit is granted, would the neighbors have any say in the special conditions? Mr. Simons stated that is what we're trying to do now. Mr. Osgood stated that if the lot was sold, the seller would maintain some control over the style of home placed there. Atty. Niman wants to know who everyone is. If the applicant is the purchaser, who is the owner? Mr. Nardella stated that we grant to an applicant; it's up to them to be of good standing. Atty. Niman stated that you can't grant unless it is a proper party. Mr. Rowen stated thattheBoard is trying to eliminate stacked housing; and he asked at the last meeting if the home could be moved. Mr. Nardella asked how does a lot become conforming? Ms. Colwell replied that 25 more feet of frontage is needed. The subdivision rules and regulations state that a builder needs only 50 ' to build a road. Mr. Nardella stated that a builder could put a road and a small subdivision in. On a motion by Ms. Lescarbeau, seconded by Mr. Rowen, the Board voted unanimously to close the public hearing and directed staff to draft a decision for the February 20, 1996 meeting. The North Andover Planning Board held a regular meeting on February 20, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk and Alberto Angles, Associate Member. 3 At the last meeting Ms Colwell was directed to draft a decision upon which the members would vote at this meeting. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted to accept the DENIAL decision as written by Ms. Colwell. The vote was as follows: Mr. Rowen yes Ms. Lescarbeau yes Mr. Angles yes' Mr. Mahoney No Attached please find the special permit DENIAL. Sincerely, V oseph V. Mahoney, Chairman North Andover Planning Board 4 154-164 Johnson Street Special Permit - Frontage Exception Lot The Planning Board herein denies this request for a special permit to allow the creation of a frontage exception lot under Section 7. 2.2 of the Zoning Bylaw. This application was submitted by John J. Burke, 71 Sutton Hill Road, North Andover, MA 01845, dated November 27, 1996. FINDINGS OF FACT: 1. The area of the lot exceeds by three (3) times the minimum lot area required for that district. The R-3 Zoning District requires a minimum lot size of 25, 000 S.F. The proposed lot contains 75,026 S.F therefore the size of the lot is sufficient. 2 . The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width of not less than fifty (50) feet at any point between the street and the site of the dwelling. 3 . There is not more one other such frontage exception lot contiguous to it. 4. The lot is located so as to block the possible future extension of a dead-end street. There is a proposed subdivision on the adjacent property owned by John W. & Linda E. Parker. The proposed roadway is a dead-end as there is not sufficient available land on the property to construct a connecting road. If this lot is created it will preclude the possibility of the roadway connecting through. 5. The creation of the frontage exception lot will adversely affect the neighborhood. There are not other frontage exception lots in the neighborhood. The house would be placed to the rear of all of the homes along the street, contrasting significantly with the site design and placement of the existing dwellings in the neighborhood. This will detract from the overall character of the neighborhood and this section of the community. 6. The creation of the frontage exception lot is not in harmony with the general intent of this Bylaw. The creation of this lot would violate the intent and spirit of the Bylaw through manipulation of property to essentially manufacture anon- conforming lot. The creation of this lot would overcrowd the land in creating a "second tier" of homes in the neighborhood. The value of adjacent land and buildings would not be conserved as the lot would be aberrant to the neighborhood. Given the above the Findings the Planning Board herein DENIES this application for a frontage exception lot. cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File Johnson.exc t t V1 FORM C ,JOYCE 8�tas TOWN APPLICATION FOR APPROVAL OF DEFINITIVE PLAN N0�0' Nov 19 34M November 8. 19 6 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81-L, for approval of a proposed subdivision shown on a plan entitled Old Center Lane Definative Subdivision Plan Prepared For John a. Burke fi Raneamin C Osgood, Jr of lap n on Johnson Street North Andover, l by New Eland -Engineeringng +erviceg Tn�r ated Sept �0. l99(, Revised Nov 6, l� being land bounded as follows: West by Johnson street, on the North by. Jami of Rodrigues, on the East by land of Parker, and on the 5outh by land of Cal-Mal Realty trust _ hereby submits said plan as a DEFINITM plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. 2350 20 Title Reference: North Essex Deeds, Book 1,1408_, Page 144_; or Certificate of Title No. i, Registration Book , page ; or Other: Said plan has( has not( ) evolved from a preliminary plan submitted to the Board of May 3 19 96 and approved (with modifications) disapproved ( OR .Tunes , 19 96 . The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board'of Health, and all general as well as zoning by-jaws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the sauce. Said plan, profiles, cross -sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: Date: rur e Applicant Time: Signature: Address ~_ Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: I By: dated , 19 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division, all as provided by G.L. c. 419 S. 81-U- 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NORTH ANDOVER PLANNING BOARD Date: By: 8. 1996 12:31AM F 1 FROM R.C. TANGAPD ATES PHONE No. 617 334 0115 140U 67 '96 16:85 P.p2 FORM p DESIGNER'S CERTIFICATE TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER! In preparing the plan entitled old center Lane datiaatjXp gittiA Yl n . I hereby cer-tify that the above named plan and accompanying data is true and correct to the accuracy required by the current Rules and Regulation ! Governing the Subdivision of Lancs in North Andover , Massachvsetts , and my source of information about the location of boundaries shown on said plan were one or more of the Following : 1 . Deed from to dated and recorded in the Registry in Book , Page . z. Other plans , as follows Survey 121atn Pretared for John 1`R„rka_& Ra is C. Osgood, Jr NOv 24, 1995 by New England Engineering Saxvices Inc. 3. Oral information furnished by 4. Actual measurement on the ground from a starting point established by 5. Other Sources Signed (Seal of Engineer or (Registered Professional Engineer or Surveyor) Registered Land Surveyor) ti OF RICE,n..D saAddress 4 N M TAPiGf•zo o :.•?K];•:.•{?v •'•:O.'{:r9irf{6::fA'-:?•:•.v}:rf}:•{::.v:r:4'•:•'•}}'•Yxi^}•{:••r{•}':i{:•}}'v.}:\'{Ov:{' : •:•:n\,::?•h�9:i:°:?':`:,:}::...::v.\ f `.,.. :.v:i•$;:,•...•}. :..7....:...../. :.$ }:..:: .:. }r .v v.yf.:•:>$$$$$:}:•i':}il.'•'fY}:S: . y�.;� '€' ....r.. iv.. ..y.':. .:f{...... ...f....•..:..v... }{•.i v.{•vv� v:�yf..r�v{s}y} Q•f.(.. .t�Yl��.� :`•:: •##EI�L} 1w 3: .. y�..:•' $':}6Yd�:•:':•;�s•�f.°t•i:}:�A•ry::f.:;{.:;:;.:?'?}:.r; ....::::•:•::::::::::.�:::::::::.,:•.,i,,..,,.:::�•.,:,•.:..•.,-::,:?t•:•,o-:{:,}yfa,:iR•:•�f�„•::.',\•::.ai•..,,,..,n•:: •.::•::::::.,.}:::::}::::::::::fi•:.::.,•:::::::x•:::.a}X.:-�.•:tf,":::C�:f,v.:{•::.ti•.,:.r..::.•..{•::. Town of North Andover Planning Board This form represents the schedule for allowing the following lots to be considered as eligible for buil - i din permits under the Town of North Andover Growth Management by-law Section 8.7 of 9p 9 Y the Zoning by-law. Pursuant to 8.7 .5 this Development Schedule must be filed in the Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Board prior to the issuance of any building permit or permit for construction. Name and Address of Applicant for Lots: Name of Development: John J. Burke & Benjamin C. Osgood JrOld Center Lane Map and Parcel of Original Lot: Map 97 Parcels 38 & 6 Date of Application for Lots Division: May 3 1996 Lots Covered by this Schedule: All lots prior to bylaw The Planning Board by their signature below, or a signature of a duly authorized representative, do hereby establish for the above named development the following Development Schedule for the purpose of Section 8.7 of the Growth management By-Law.The applicant,their assignees, successors and or subsequent property owners shall conform to the following schedule that limits the eligibility of the following lots for building permits. This form must be filed in the Registry of Deeds by the property owner or representative and be referenced on each deed for each of the following lots. Such deed reference for the deed of each tot shall at a minimum reference the book and page in which this Development Schedule is filed and contain the language : "This lot is subject to a Development Schedule pursuant to the Town of North Andover Zoning By-Law all owners, representatives, and future purchasers should avail themselves of said restriction by reviewing the approved Development Schedule as filed in Book insert here and Page insert here. The fact that a lot is eligible for a building permit is subject to the limitation of the number of building permits per year pursuant to section 8.7.2.d of the Zoning By-Law." The Planning Board hereby schedule the lot(s)for the above development as follows: Year Eligible Number of Building Office Use Building Office Use Lots Eligible Date Lot Eligibility Notes CompletelyUtilized Signature of Planning Board member or Authorized Representative Date Signatur f Pro rty er or thorized Representative Date /� /9 /moi•�' •-�-�. IST OF PARTIES OF INTEREST PAGEOF UBJECT PROPERTY AP IPARCEL INAME JADDRESS 38 ruee mC,,r I 5•`f 0=oo..9 ,v. A..� ,BUTTERS !AP PARCEL INAME ADDRESS 2 R�bi fs8 1.. s e(-,q 7 n C r7 L.U .(u u w VA. C N VIS- 1V. .t V t,vn 4 J A)C 5� N. i i I i 1 TOWN OF NORTH ANDOVER FE$ 6 4 02 MASSACHUSETTS PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant. John J. Burke Address: 71 Sutton Hill Rd. North Andover, Mass. 01845 1. Application is hereby made (a) For a Special Permit under Section 4 ; Paragraph 4.136 of the Zoning Bylaw. 2 . (a) Premises affected are land X _ and buildings numbered 154, 164 Johnson St Street. (b) Premises affected are property with frontage on the North South East X West side of Johnson Street, known as No. on St. Street. Watershed (c) Premises affected are in Zoning District R 3 , a".1 the premises affected have an area of 141 ,41% s"- Rt- and tand frontage of 350.17 feet. 3 . Ownership: (a) Name and Address of owner (if joint ownership, give all names) : Qld_ Centereal Ly �Tr�1,s154) ._R�+n;�n r ncgao J.- _g,-J• M nsgood (164) Date of purchase x 1/97 12/86 Previous owner Crawford/ Howes (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Leasee other (explain) i 4 . Size of proposed building: front: feet deep Height: stories: feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 5. Size of Existing Building: feet front: feet deep Height: stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) 6. Has there been a previous application for a Special Permit from the . Planning Board on these premises? xNwx YES If so, when 1996 for frontage exception lot 7. Description of purpose for which Special Permit is sought on this petition: For creation.of a.new surface discharge o stormwat-er that drains from a roadway into a detention pond, then out of the pond into an upland area. 2350 20 8. Deed recorded in the Registry of Deeds in Book 1_40 Page 14G or Land Court Certificate No. Book Pags 9. The principal points upon which I base may application are as follows: (must be stated in detail) . The watershed_ will not be adversely affected because op lution attenuation will occur in the detention pond as well as in the upland aha where the discherze water will run over the ground. The wetlands are approximately 250 feet away from the discharge point. The discharge is spread over-a-15 foot area to closely approximate sheet flow. I agree to pay for advertising in newspaper and postage fee for mailing legal notices to "P rties in Interest" . Al C i (P ' itioner ign ure) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication supporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAMES ADDRESS Add additional sheets if necessary Any question should be directed to the Planning Office -IST OF PARTIES OF INTEREST PAGE _OF_ t____ SUBJECT PROPERTY AAP PARCEL (NAME �.. ?�sfi JADRESS y 7 6 g����a„.•.,.� C p s�o._.� Srt ��H S�h.�+-s�.� S f- Av kBUTTERS ' SAP PARCEL NAME ADDRESS .� W• c w• 4 AJ t- rot.,, W.. Gi rCc(.r Z i- Af Al. K. Akedicv, `jo 1n.IA S-h ill A I ( i i I i