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Home My WebLink AboutJOHNSTON, DONALD F -rPUA�C�IOG BOAE�Q Any appeal shall be fil 1�tYGE A%},SAW OWN OF NORTH ANDOVER TOWN CLERK MASSACHUSETTS within (20) days after the ttolIT 1 ANDOVER date of filing of this Notice Juts 23 45 in the Office of the Town Clerk. 9 SSAc"uSE� NOTICE OF DECISION Date. June. 22,, 1995, . . . , . . , . . . . 1995 Date of HearingJ. . . . . ..June 20: . Petition of Donald F. Johnston . . . . Lot 5 and Lot 6Str B ton eet Premisesaffected . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 2.30 Paragraph 1 Common Driveway ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . allow the construction of. .a common driveway to .service Lot 5 so as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and Lot 6, Boston Street. After a public hearing given on the above date, the Planning Board voted conditionally to . aP.Prove. . . . . . . .the UAQ.IAL. P.JW.T. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CC: Director of Public works based upon the following conditions: Building Inspector Conservation Administrator Health Sanitarian Assessors Signed Police Chief Fire Chief Joseph• • .honey.. Chairman Applicant Alison Lescarbeau, Clerk Engineer . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . File Interested Parties John.Simons. . . . . . . A1k;e��4 .��q��S,. .Assac�.ate Memben . .planning Board. .. . . . . . Town of North Andover t NORTH OFFICE OF 3?0�`t'• °`b�oo� COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street KENNETH R.MAHONY North Andover,Massachusetts 01845 "SSACHUS�` Director (508)688-9533 June 21 1995 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Common Driveway Lot 5 & 6 Boston Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, June 6, 1995 in the Senior Center behind the Town Building on the application of Donald F. Johnston, 114 Boston Street, North Andover, MA 01845 requesting a special permit under Section 2. 30 Paragraph 1 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on May 17 and May 24, 1995 and all parties of interest were duly notified. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and Alberto Angles, Associate Member. Ms. Lescarbeau read the legal notices to open the public hearings. Scott Giles was present to present the plan. Mr. Giles stated that the 25 foot no cut and 50 foot no build Conservation buffer zones are shown on the plan. The driveway goes over an easement on the lotting plan. Some discussion of keeping as many trees as possible on the site. Sprinkler systems will be required. The driveway is to be 12 feet to each house. Mr. Giles to provide a revised plan showing the driveway cross section and profile. On a motion by Mr. Rowen, seconded by Mr. Angles, the Board voted unanimously to close the public hearings. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 68&9540 PLANNING 688-9535 Julie Parrino D.Robert Nioetta Michael Howard Sandra Starr Kathleen Bradley Colwell The Planning Board held a regular meeting on June 20, 1995. The following members were present: Joseph Mahoney, Chairman, Alison Lescarbeau, Clerk, John Simons and Alberto Angles, Associate Member. Ms. Colwell recommended approving the attached decisions. Mr. Simons stated that trees should be replanted between the homes to act as a buffer. On a motion by Mr. Angles, seconded by Mr. Simons, the Board voted unanimously to approve the two special permits. Attached are those conditions. Sincerely, l Al, sJoseph. Mahoney, Chairman North Andover Planning Board Lots 5 and 6 Boston Street Special Permit Approval Common Driveway The Planning Board makes the following findings regarding the application of Donald F. Johnston, 114 Boston Street, North Andover, Ma, dated May 12, 1995, requesting a Special Permit under Section 2. 30. 1 of the North Andover Zoning Bylaw for the construction of a common driveway to access Lots 5 and 6 Boston Street. FINDINGS OF FACT: 1. The application adheres to the bylaw restriction that no more than two (2) lots be serviced by this common drive. 2. The specific location of the common driveway is appropriate due the presenceofwetlands between the street frontage and the buildable portion of the lot. 3. The design and .location will not adversely affect the neighborhood. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. 5. Adequate standards have been placed on the design which will meet public health and safety concerns. 6. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application before us. Upon reaching the above findings, the Planning Boardapprovesthis Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1. This decision must be filed with the North Essex Registry of Deeds. Included as part of this decision is the following plan: Plan titled: Special Permit & Notice of Intent Plan of Land in No. Andover, MA Prepared for: Donald F. Johnston Scale: 1" = 40' Date: 2/9/95 Prepared by: Scott L. Giles, R.P.L.S. No. Andover, MA Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the-Town` Planner will require a public hearing and modification by the Planning Board. 2. Prior to any site disturbance; a. The location of the driveway must be marked in the field and reviewed by the Town Planner. b. All erosion control devices must be in place as shown on thep lan and the site disturbance must follow the construction sequence as outlined on the approved plan. C. Thedecisionof the Planning Board must be recorded at the Registry of Deeds and a copy of the recorded decision filed with the Planning Office. d. Tree clearing must be kepttoa minimum. The area to be cleared must be reviewed by the Town Planner. e. A performance guarantee of five hundred ($500) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted.. 3. Prior to BORR `U verification for the proposed dwellings, a. Easements pertaining to the rights of access for and agreements pertaining to the maintenance of driveway must be recorded with the Registry of Deeds Office and a copy of the recorded document filed with the Planning office. b. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Department of Public Works. 4. Prior to a Certificate of Occupancy being issued for either dwelling, a. The Applicant shall place a stone bollard at the entry to the common drive off of Boston Street. This stone bollard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be ,as follows: 8" x 8" x 72". The stone shall have 48" exposed and 24" buried, and all numbering on the stone shall: be 411 in height. This condition is placed upon the applicant for the purpose of public safety. b. The proposed dwellings shall have a residential fire sprinkler system installed as required by the North Andover Fire Department. C. If trees cannot be preserved between the homes, an area must be replanted. The area and the extent of the 4 replanting is to be determined in the field by the applicant and the Town Planner. 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 6. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8. No undergroundfuel storage shall be installed except as may be allowed by Town Regulations 9. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all- successors and assigns in interest or control. 10. This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will lapse on SUNG cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File Boston.Drive As MUMMH CE 6RA05NAW T heal shall be fil VTOWN CLERK *20 da O �'�' N O F NORTH A N DYO OVER MORIN ANDOVER days MASSACHUSETTS 'iling of this Notice �UN 23 9 45 P. '95 -e of the Town "a Clerk. a �Ss�cMuslt NOTICE OF DECISION Date. June. 22,. . 1995. Date of Hearing June.6.,June.20, 1995 Petition of Donald F. Johnston _ . . ,. ... .. .. . Lot 5 and Lot 6 Boston Street Premises affected . . .. .. . , . . . . . . . Referring to the above petitionfor a special permit from the requirements North Andover Zoning Bylaw Section 2.30 Paragraph l Common Driveway. . .. of the . . . . . . .. . . . . . . .... . .. . . . .... . . allow the construction of a common driveway to service Lot 5 so as toIPQ=Nk . . . .... . . . . . . . ... .. .. . .. and Lot 6, Boston Street. . .. .. . . , , , , . . After a public hearing given on the above date, the Planning Board voted conditionally to . pprpve. . . .the .S.t'F.C,A.4 I?JUW.T . rector of Public Works based upon the following conditions ilding inspector :servation Administrator l � ealth Sanitarian lti �sessors Signed )lice Chief Joseph honey, Chairman __e Chief ... ..... . . ... 0. .... •• ,plicant Alison Lescarbeau, Clerk .ngineer . .. . . . . . . .. .. .. ..... ... . . . .. ... . John Simons .'Lerested Parties .......•. ..•........... .. .... .. . . A��'K4.�lS�.�aw,A�gai.ata .Membes ... ...planii1A9 oarcd � RFOc;ur� MUM JOYCE HUMS yAW Any appeal shall be filed TowN CIE .K T O WN OF NORTH ANDOVER D NORTH ANDOVER within (20) days after te M A S S A C H U S E T T S date of filing of this Notice in the Office of the Town ai��• ••• ,i��ct Clerk. Any appeal shall be filed within (20) days after the NOTICE of DECISION date of filing of this Notice in the Office of the Town June `22, 1995 Date. . . . .. . , Clerk. ., ... . .. Date of Hearing June 6,. June, 20,. 1995 Donald F. Johnston Petition of . . . . . . . ..... . . . . . . .. ... . ... . ... .. . .. . .. .. .. . . . .. . .. . . . . . and Premises affected Lat S.. .. . .. 6 Boston Street . . . . . .. .. . . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 7.2 Paragraph 1 of the . . . . . . . . . . . . ... . .. . . . .. .0 . . . . 0. — . .. . . ... . ..... .... . .. . . allow access to Lot 6 Boston Street over Lot-5 Boston Street so as to ",M* . ..... . . .. . . . . . .. 0. ..... . . ...... I.. .. .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .... ..... . . . . .... . . .. .. . . . .. .. . .... .. . .. ... .. . . . ... . .. . . . . . After a public hearing given on the above date, the Planning Board voted conditionally to aPPrgyq . . . . . .. . .the . . ... .. . .. .. .. . .. . . . .. .. . .. . .. . LC: Director of Public works based upon the following conditions Building Inspector Natural Resource/Land Use Planner Health Sanitarian � { Assessors Signed 4406- Police Chief Joseph Ahoney, Chairman Fire Chief . ........... . .. .. . ... .. . ... .... Applicant Alison Lescarbeau, Clerk Engineer ..........0...4 ..... ... . ........ File John Simons Interested Parties . .....• • • Alberto Angles, Associate Member .....R....... ..... .. ... . .... ........Panning B oard..... ... . , P6�8h1nG 80��0 Any appeal shall be filed Tows within (20) days after the0 WN OF NORTH ANDOVER NORTH ANC,,OVER date of filing of this Notice MASSACHUSETTS 23 in the Office of the Town Clerk. n Any appeal shall be filed within (20) days after the NOTICE OF DECISION date of filing of this Notice in the Office of the Town June 22, 1995 Clerk. Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Hearing June. 6,. June. 20: 1995 Donald Johnston Petition of . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . .. . . . . . . . Lot 5 and t 6 Premises affected . ... . . . . . . . Boston . . .. . . . .Street. . . . . . . .. . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 7.2 Paragraph 1 of the . . . . . . . . allow access to Lot 6 Boston Street over Lot 5 Boston Street soas to pwm# . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted conditionally toa8Br4Yq . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CC: Director of Public works based upon the following conditions: Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Signed )6-a�X44xa/-- Police Chief rman Fire Chief Joseph.. . . .. . .blalhoney... . . ... . . . .. . . . . . Applicant Alison Lescarbeau, Clerk Engineer . . . . . . File John ons Interested Parties . . . .. . im.. . . . . . . . . . . . . . . . . . .. . . Alberto Angles, Associate Member .. . . . . 'planning Town of North Andover of No RT#q 4ti OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° :' p 11 �- * 146 Main Street Mq TFD %P"l- KENNETH R.MAHONY North Andover,Massachusetts 01845 "SSAGNUS�` Director (508)688-9533 June 21, 1995 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Access to Lot 6 Boston Street over Lot 5 Boston Street Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on June 6, 1995 in the Senior Center behind the Town Building, upon the application of Donald F. Johnston, 114 Boston Street, North Andover, MA 01845 requesting a Special Permit under Section 7.2 Paragraph 1 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on May 17 and May 24, 1995 and all parties of interest were duly notified. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and Alberto Angles, Associate Member. Ms. Lescarbeau read the legal notices to open the public hearings. Scott Giles was present to present the plan. Mr. Giles stated that the 25 foot no cut and 50 foot no build Conservation buffer zones are shown on the plan. The driveway goes over an easement on the lotting plan. Some discussion of keeping as many trees as possible on the site. Sprinkler systems will be required. The driveway is to be 12 feet to each house. Mr. Giles to provide a revised plan showing the driveway cross section and profile. On a motion by Mr. Rowen, seconded by Mr. Angles, the Board voted unanimously to close the public hearings. The Planning Board held a regular meeting on June 20, 1995. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Midwl Howard Sandra Starr Kathleen Bradley Colwell The following members were present; Joseph Mahoney, Chairman, Alison Lescarbeau, Clerk, John Simons and Alberto Angles, Associate g r Member. Ms. Colwell recommended approving the attached decisions. Mr. Simons stated that trees should be replanted between the homes to act as a buffer. On a motion by Mr. Angles, seconded by Mr. Simons, the Board voted unanimously to approve the two special permits. Attached are those conditions. Sincerely, �Ar oseph Mahoney, Chairman North Andover Planning Board Lot 6 Boston Street Special Permit Approval - Access other than over legal frontage The Planning Board makes the following findings regarding the application of Donald F. Johnston, 114 Boston Street , North Andover, MA 01845, dated May 12, 1995, requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw to allow access to Lot 6 other than over its legal frontage. This decision hereby allows the applicant to access the property located at Lot 6 Boston Street across property located at Lot 5 Boston Street as shown on the Plan referenced in condition 1. FINDINGS OF FACT: The Planning Board finds that due to the presence of wetlands between the street frontage and the buildable portion of the lot and the fact that if the Planning Board did not grant this special permit, wetlands would be filled, access to Lot 6 across Lot 5 is appropriate. The Planning Board makes the following findings as required by Section 10. 31 of the Zoning Bylaw.- 1. ylaw:1. The specific location of the driveway is appropriate due to the presence of wetlands between the street frontage and the buildable portion of the property; 2. The design and location will not adversely affect the neighborhood; 3. There will be no nuisance or serious hazard to vehicles or pedestrians 4. Adequate standards have been placed on the design which will meet public health and safety concerns; 5. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application before us. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1. This decision must be filed with the North Essex Registry of Deeds. Included as part of this decision is the following plan: Plan titled: Special Permit & Notice of Intent Plan of Land in No. Andover, MA Prepared for: Donald F. Johnston Scale: 1" = 401 Date: 2/9/95 Prepared by: Scott L. Giles, R.P.L.S. No. Andover, MA Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 2. Prior to any work on site: a. The location of the driveway must be marked in the field and reviewed by the Town Planner. The pavement width of the individual driveway must be twelve (12) feet in order to accommodate public safety vehicles. b. All erosion control devices must be in place as shown on the plan and the site disturbance must follow the construction sequence as outlined on the approved plan. C. The decision of the Planning Board must be recorded at the Registry of Deeds and a copy of the recorded decision filed with the Planning Office. d. Tree clearing must be kept to a minimum. e. This site shall have received all necessary permits and approvals from the North Andover Board of Hearth, Conservation Commission, and the Department of Public Works. 3 . Prior to FORM U verification (Building Permit issuance) for the proposed dwelling, a. Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be recorded with the Registry of Deeds Office and a copy of the recorded document filed with the Planning Office. b. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Department of Public Works. 4. Prior to a Certificate of Occupancy being issued for either dwelling, a. The proposed dwellings must have residential fire sprinkler systems installed in accordance with the provisions of Standard 13D, N.FP.A. . b. All slopes must be stabilized and reviewed by the Town Planner. I 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 6. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 9. The provisions of this ;conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will lapse on J aVa7 ,?.A ,1,7fy . cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File Boston.access