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HomeMy WebLinkAboutGALLANT, WINIFRED P6A�f1 [�IG B�AB� JOYCE 6 A wti" WN OF NORTH ANDOVER Any appeal shall be fileTcP MASSACHUSETTS NORTH ANDOVER within (20) days after the ,SAN 16 1I AM ' date of filing of this Notice ~°"'" of ...o in the Office of the Town 10 Clerk. ' * NOTICE OF DECISION Date.January 9. 1996 . . . . . . . . .. . . . . . Nov 7, Nov 21, 1995' Date of Hearing Dec 5: .1995 .Jan 2, ,1996 Petition of . S�L-POPippx.Realty.Trust. . . . . . . . . . . . . 191 Andover By-Pass Premises affected . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 4.125 that allows the creation of 4 of the . . . . . . . . . . . . with frontage on Peterson Rd and, the Andover,Bypass. � Ptlf x additional„1,ots. . . . . . . . . After a public hearing d ven on the above date, the Planning Board voted to .DENY . . . . . . . . . . .the k'FRM.TT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. Mahoney. Chairman i Fire Chief F e Applicant Richard Rowen! Vice Chairman , , Engineer File Alison Lescarbeau.. Clerk , . . . . . interested Parties Richard Nardella , , , , John Simons '. . . . . . . . . . . .. . . . . . . . 'planning Board Town of North Andover E NaRT� OFFICE OF 3?o�t,`.o 16'60L COMMUNITY DEVELOPMENT AND SERVICES ° :' p n e 146 Main Street * 09 North Andover,Massachusetts 01845 ��SSACNUS��� (508)688-9533 January 9, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Meadowood III - Modification - Residential/6 Zoning District (R-6) Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on November 7, 1995 in the Senior Center behind the Town Building, upon the application of Sandpiper Realty Trust, 240 Candlestick Road, North Andover, MA 01845 requesting a Special Permit under Section 4. 125 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on October 18 and October 25, 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, Alison Lescarbeau, Clerk and Richard Nardella. Kathleen Bradley Colwell, Town Planner, was also present. Ms. Lescarbeau read the legal notices to open the public hearings. Steve Stapinski was present to present the plan. The site is a 40,000 sq. ft. parcel owned by the Gallants. It is the last house in the R-6 zone to be developed. The property is located in between Meadowood III and Nadine Lane on Route 125. Three new lots front on Route 125, one lot fronts on the roadway connection between Nadine and Meadowood III (Peterson Road) . The Gallant property is less than 3 acres in size, therefore, it is coming through the process as a modification to Meadowood III. The biggest concern is lot 3M which fronts on Peterson Road. Mr. Stapinski is looking for the Planning; Board to allow access to lot 3M, however, a large wetland exists between Peterson Road and the buildable portion of the lot. The applicant is asking to access lot 3M across lot 4M with a common driveway off of Route 125. The Conservation Commission will not allow access to the lot over the wetlands, therefore, there is nodangerthat wetlands will be L filled if the access is denied. 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Pairino D.Robert Nicetta Michael Howard Sandra Stan Kathleen Bradley Colwell Tom Laudani was also present and stated that when Meadowood III was developed the Planning Board and Conservation Commission had to be somewhat flexible. If this request doesn't receive approval, it almost doesn't do justice to the de 7 velopment as a whole. Jim Towle, an abutter, asked if it was a sure thing that the state would approve a curb cut on Route 125, and does the Planning Board have to approve the curb cut before the state does? Mr. Towle is very concerned about 4 houses being built on 2 lots. Ms. Colwell stated that a building permit wouldn't be granted if the state doesn't give approval for a curb cut. A site walk is scheduled for November 11, 1995 at 8 a.m. Discussion of this item is continued until November 21, 1995. The North Andover Planning Board held a regular meeting on November 21, 1995. The following members were present: Joseph' Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons. Kathleen Bradley Colwell, Town Planner, was also present. Applicant requested a continuation until the December 5, 1995 meeting. The North Andover Planning Board held a regular meeting on December 5, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. The Planning Board held a site visit on November 11 at which time the engineer proposed a cul-de-sac off of Route 125 with 4 dots. The Planning Board members were all faxed copies of the plan at that time. ConCom did not waive the 50' no-build and 25' no-cut regulations. Therefore, the cul-de-sac plan is not buildable as presented as the roadway does not fit within the buffer zones. We are still waiting for comments from the drainage consultant. Mr. Nardella asked what Ms Colwell's recommendation is. She replied that the Board has granted this in the past against her recommendation. There was general discussion and Mr`. Mahoney stated he saw no reason why not to grant the four lots. Mr. Nardella stated that it is the only R-S parcel in Town, and even though his heart is not in it, the fourth lot does seem to be consistent with the area. Ms. Lescarbeau feels that by allowing the access other than over the legal frontage the builder will be getting an extra lot. Ms. Colwell stated that the access is on a busy road -(Route 125) and state approval will be needed. 2 On a motion by Mr. Rowen, seconded by Ms Lescarbeau, the public hearing was closed and staff was directed to draft a favorable decision for the December 19, 1995 meeting. Due to a snow storm, the Planning Board meeting was postponed until January 2, 1996. The North Andover Planning Board held a regular meeting on January 2, 1996. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. Mr. Nardella made a motion, seconded by Mr. Rowen, to approve the modification to Meadowood III subdivision/R-6. The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen yes Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, the motion failed. Mr. Nardella made a motion, seconded by Mr Angles, that the Board reconsider the vote just taken. The Board unanimously agreed. Mr. Nardella made a motion, seconded by Mr. Rowen, to approve the modification to Meadowood III subdivision/R-6. The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen no Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, the motion failed. Attached is the denial. Sincerely, V Iza oseph V. Mahoney, Chairman North Andover Planning Board 3 l Meadowood III - Modification Special Permit, Residential - 6 Zoning District (R-6) The Planning Board herein DENIES this modification to the Special Permit for Meadowood III issued on August 24 1994. This modification was requested by Sandpiper Realty Trust, 240 Candlestick Rd, North Andover, MA 01845, on October 13, 1995. The Planning Board makes the following findings as required by Section 10. 31 of the Zoning Bylaw: A. The specific site isnotan appropriate location for the creation of these lots as adequate access does not exist for Lot 3M due to the presence of a wetland resource area between the street frontage for the lot and the buildable portion of the lot. B. The use as developed would adversely affect the neighborhood as an "extra" lot would -be created. C. If the Board had approved this modification, there may have been a nuisance or serious hazard to vehicles or pedestrians as there would have been four new homes accessing onto Route 125, a heavily trafficked highway. The Planning Board also makes the specific finding that this use is not in harmony with the general purpose and 'intent of the Zoning Bylaw as an "extra" lot would have been created due to the lack of upland frontage for Lot 3M. CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File MIII.mod 1 y a RECEIVED JOYCE BRADSHAW TOWN OF NORTH ANDOVER TOWN CLERK MASSACHUSETTS NORTH ANDOVER PLANNING BOARD OCT {3 1155 AN APPLICATION FOR SPECIAL PERMIT MODIFICATION NOTICE: This application be typewritten Applicant: sandpiper Realty Trusikddress 240 Candlestick Road North Andover, MA01845 1. Application is hereby made (a) For a Spacial Permit under Section 4. 125 Paragraph 26 (5) of the Zoning Bylaw. -- . Z. (a) Premises affected are land X and buildings X numberedl9l Andover By-Pas$treet. r (b) Premises affected are property with frontage on the North South East West X side of Andover By-Pass 9th, known as No. 9 Andover By-Pass 5 ' : (c) Premises affected are in Zoning 'District R- 4 ar-i the premises affected have an area of 39,,744 S.F, and frontage of 34,4.7.9' feet. s 3., Ownership: (a) Name and Address of owner (if joint ownership, give all names) Winifred Gallant, 191 Andover By-Pass Date of purchase Previous owner (b) If applicant is not owner, check his interest in the premises: X Prospective purchaser • Leasee Other (explain) Not Applicable 36 ,+ 4. Size of proposed building. 36 '+ front: - feet deep Height 2 stories: 1.6' feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction Not Applicable 5. Size of Existing Building: 401+ feet front: 28'+ feet deep , Height: 1 stories 16' feet. a' (a) Approximate date of erection (b) Occupancy or use (of each floor) f 6. Has there been a previous application for a Special Permit from the Planning Simard on these premises? No If so, when - _ 7. Description of purpose for which Special Permit is sought on this j petition: Creat R-6 single -famil 7T, s e _ y.��3�2d. i-on 8. Deed recorded in the Registry of Deeds in Book Page or Land Court Certificate No. Book Page 9. The principal points upon which I base may application are as follows: (must be stated in defAil) ,' Area is , surrounded by high density residential development Proposed use is in conformance with existing land use and will not be detrimental to the surrounding area Proposed is In conformance with the Town Masfiar Pl;;n- I agree to pay for advert spape`and postage fee for mailing legal notices to ttp ties in I t � sttt (P Signature) Every application for ac ion ?hoe Board -shall be made on a form approved by the Board., hese 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 besubmittedwith 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 IIS Add additional sheets if necessary Any question should be directed to the Planning Office py+ P,E0 (� JOYCE B TOWN CLERK NORTH ANDOVER Any appeal shall be fileTd WN OF NORTH ANDOVER MASS A C H U S E T T S JAN Iii I'l S7 AM within (20) days after the date of filing of this Notice ofT. in the Office of the Townpo _ op Clerk. -, ,SS.4c Must NOTICE of DECISION Date. _January 9,..1996 . . . . . . . . . . Nov 7, Nov.21, 1995 Date of Hearing ,Dec, 5, 199.5,; Jan_ 2, 1996 Petition of •Sandpiper Realty Trust . . , . . . . . . . , , , . . . . . . . . Premises affected . . . . ..... ...Aovr -PassB. . . . . . , , , . . . . . . . . , Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 7.2.1 so as to allow access to Lot 1M of the . . . . . . . over Lot 2M Andover� By-Pass , , , , . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted to . .DENY . . . . . . . . . .the SPECIAL PERMIT , . . .. . . , . . . . . . based upon the followina- conditions CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner KR Health Sanitarian Signed Assessors Police Chief Joseph.V. MahoneX.,, Chairman, , Fire Chief Applicant Richard Rowen.. Vice. Chairman . . . . . . . . . . . . . . . . . . . Engineer Alison Lescarbeau: Clerk , , ,, , , File . . • interested Parties Richard Nardel. . , John Simons , . . . .planning Board Town of North AndoverAORTH of ,,.9° OFFICE OF �? yw, COMMUNITY DEVELOPMENT AND SERVICES M o9q ,me« 146 Main Street North Andover,Massachusetts 01845 4SSAC HUSkt (508)688-9533 January 9, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01,845 Re: Special Permit - Lot 1M and 2M Andover Bypass (Meadowood III Modification) Access other than over legal frontage Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on November 7, 1995 in the Senior Center behind the Town Building, upon the application of Sandpiper Realty Trust, 240 Candlestick Road, North Andover, MA 01845 requesting a Special Permit under Section 7.2 .1 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on October 18 and October 25, 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, Alison Lescarbeau, Clerk and Richard Nardella. Kathleen Bradley Colwell., Town Planner, was also present. Ms. Lescarbeau read the legal notices to open the public hearings. Steve Stapinski was present to present the plan. The site is a 40,040 sq. ft. parcel owned by the Gallants. It is the last house in the R-6 zone to be developed. The property is located in between Meadowood III and Nadine Lane on Route 125. Three new lots front on Route 125, one lot fronts on the roadway connection between Nadine and Meadowood III (Peterson Road) . The Gallant property is less than 3 acres in size, therefore, it is coming through the process as a modification to Meadowood III. The biggest concern is lot 3M which fronts on Peterson Road. Mr. Stapinski is looking for the Planning Board to allow access to lot 3M, however, a large wetland exists between Peterson Road and the buildable portion of the lot. The applicant is asking to access lot 3M across lot 4M with a common driveway off of Route 125. The Conservation Commission will not allow access to the lot over the wetlands, therefore, there is no danger that wetlands will be 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 Starr Kaddean Bradley Colwell filled if the access is denied. Tom Laudani was also present and stated that when Meadowood III was developed the Planning Board and Conservation Commission had to be somewhat flexible. If this request doesn't receive approval, it almost doesn't do justice to the development as a whole. Jim Towle, an abutter, asked if it was a sure thing that the state would approve a curb cut on Route 125, and does the Planning Board have to approve the curb cut before the state does? Mr. Towle is very concerned about 4 houses being, built on 2 lots. Ms. Colwell stated that, a building permit wouldn't be granted if the state doesn't give approval for a curb cut. A site walk is scheduled for November 11, 1995 at 8 a.m. Discussion of this item is continued until November 21, 1995. The North Andover Planning Board held a regular meeting on November 21, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons. Kathleen Bradley Colwell, Town Planner, was also present. Applicant requested a continuation until the December 5, 1995 meeting. The North Andover PlanningBoard held a regular meeting on December 5, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. The Planning Board held a site visit on November 11 at which time the engineer proposed a cul-de-sac off of Route 125 with 4 lots. The Planning Board members were ;all faxed copies of the plan at that time. ConCom did not waive the 54' no-build and 25' no-cut regulations. Therefore, the cul-de-sac plan is not buildable as presented as the roadway does not fit within the buffer zones. We are still waiting for comments from the drainage consultant. Mr. Nardella asked what Ms. Col.well's recommendation is. She replied that the Board has granted this in the past against her recommendation. There was general discussion and Mr. Mahoney stated he saw no reason why not to grant the four lots. Mr. Nardella stated that it is the only R-6 parcel in Town, and even though his heart is not in it, the fourth lot does seem to be consistent with the area. Ms. Lescarbeau feels that by allowing the access other than over the legal frontage the builder will be getting an extra lot. Ms. Colwell stated that the access is on a busy road (Route 125) and state approval will be needed. 2 On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the public hearing was closed and staff was directed to draft a favorable decision for the December 19, 1995 meeting. Due to a snow storm, the Planning Board meeting was postponed until January 2, 1996. The North Andover Planning Board held a regular meeting on January 2, 1996. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. Mr. Nardella made A motion, seconded by Mr. Rowen, to approve the modification to Meadowood III - subdivision/R-6. The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen yes Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, the motion failed. Mr. Nardella made a motion, seconded by Mr Angles, that the Board reconsider the vote just taken. The Board unanimously agreed. Mr. Nardella made a motion, seconded by Mr. Rowen, to approve the modification to Meadowood III - subdivision/R-6. The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen no Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, the motion failed. Attached is the denial,. S ' cerely, x�qF oseph V. Mahoney, Chairman North Andover Planning Board 3 Lot 1M and 2M Andover Bypass (Meadowood III Modification) Special Permit Approval - Access other than over legal frontage The Planning Board herein denies this request for a special permit to allow access to Lots 1M and 2M Andover Bypass over Lots 1M and 2M Andover Bypass as these Lots do not exist. This application was submitted by Sandpiper Realty Trust, 240 Candlestick Road, North Andover, MA 01845 on October 13, 1995. FINDINGS OF FACTS The Planning Board finds that due to the fact that Lots 1M and 2M have not been created this application is inappropriate. cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File MIIImodl.access r _ Pjj'' yy yy I pp R�C�.lY�C� u�IIIII� 8� (1� JOYCE BR W TOWN CLERK Any appeal shall be fileTd WN OF NORTH ANDOVER NORT4i ANDOVER MASSACHUSETTS within (20) days after the JAN 57 date of filing of this Notice in the Office of the Town a _�� • Clerk. NOTICE OF DECISION Date,January 9, 1996 Nov 7,. Nov 21,• 1995 Date of Hearing Dec•5{199.5.:Jan 2,_ 1996 sandpiper Realty Trust Petition of . . . . . . . . . . . . . . . . . . . . . . . 191 Andover By-Pass Premises affected .. • Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 7.2.1. to allow access to Lot 3M over ofthe . . . . . . . . . . . . . . . . . . . . . . . Lot 4M Andover By-Pass. soas to permit .. . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted to . .DENY . . . . . . . . . .the SPECIAkJURMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: CC: Director of Public works Building Inspector Natural Resource/Land Use Planner ` ,/ Health Sanitarian Signed r/ Assessors Police Chief Joseph V -Mahoney.• Chairm an Fire Chief •_ Applicant Richard Rowen, Vice, Chairman li . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer File Alison Lescarbeau, Clerk. • interested Parties .. . .. . . . . . . . . . . . . . • • John Simons . . . . • "planning. . B oard Town of North Andover o E NORTN OFFICE OF 3? t,ISO '6 16 COMMUNITY DEVELOPMENT AND SERVICES 0 146 Main Street pg4iF0 North Andover,Massachusetts 01845 9SSArull t (508)688-9533 January 9, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Lot 2M, 3M and 4M Andover Bypass (Meadowood III Modification) Access other than over legal frontage Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on November 7, 1995 in the Senior Center behind the Town Building, upon the application of Sandpiper Realty Trust, 240 Candlestick Road, North Andover, MA. 01845 requesting a Special Permit under Section 7.2 .1 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on October 18 and October 25, 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, Alison Lescarbeau, Clerk and Richard Nardella. Kathleen Bradley Colwell, Town Planner, was also present. Ms. Lescarbeau read the legal notices to open the public hearings. Steve Stapinski was present to present the plan. The site is a 40,000 sq. ft. parcel owned by the Gallants. It is the last house in the R-6 zone to be developed. The property is located in between Meadowood III and Nadine Lane on Route 125. Three new lots front on Route 125, one lot fronts on the roadway connection between Nadine and Meadowood III (Peterson Road) . The Gallant property is less than 3 acres in size, therefore, it is coming through the _process as a modification to Meadowood III. The biggest concern is lot 3M which fronts on Peterson Road. Mr. Stapinski is looking for the Planning Board to allow access to lot 3M, however, a large wetland exists between Peterson Road and the buildable portion of the lot. The applicant is asking to access lot 3M across lot 4M with a common driveway off of Route 125. The Conservation Commission will not allow access to the lot over the wetlands, therefore, there is no danger that wetlands will be 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 68&9530 HEALTH 688-9540 PLANNING 688-9535 Julie Perrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell filled if the access is denied. Tom Laudani was also present and stated that when Meadowood III was developed the Planning Board and Conservation Commission had to be somewhat flexible. If this request doesn't receive approval, it almost doesn't do justice to the development as a whole. Jim Towle, an abutter, asked if it was a sure thing that the state would approve a curb cut on Route 125, and does the Planning Board have to approve the curb cut before the state does? Mr. Towle is very concerned about 4 houses being built on 2 lots. Ms. Colwell stated that' a building permit wouldn't be granted if the state doesn't give approval for a curb cut. A site walk is scheduled for November ll, 1995 at- 8 a.m. Discussion of this item is continued until November 21, 1995. The North Andover Planning Board held a regular meeting on November 21, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons. Kathleen Bradley Colwell, Town Planner, was also present. Applicant requested a continuation until the December 5, 1995 meeting. The North Andover Planning Board held a regular meeting on December 5, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. The Planning Board held a site visit on November 11 at which time the engineer proposed a -cul-de-sac off of Route '125 with 4 lots. The Planning Board members were all faxed copies of the plan at that time. ConCom did not waive the 50' no-build and 25' no-cut regulations. Therefore', the cul-de-sac plan is not buildable as presented as the roadway does not fit within the buffer zones. We are still waiting for comments from the drainage consultant. Mr. Nardella asked what Ms. Colwell's recommendation is. She replied that the Board has granted this in the past against her recommendation. There was general discussion and Mr. Mahoney stated he saw no reason why not to grant the four lots. Mr. Nardella stated that it is the only R-6 ,parcel in Town, and even though his heart is not in it, the fourth lot does seem to be consistent with the area. Ms. Lescarbeau feels that by allowing the access other than over the legal frontage the builder will be getting an extra lot. 2 P Ms. Colwell stated that the access is on a busy road (Route 125) and state approval will be needed On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the public hearing was closed and staff was directed to draft a favorable decision for the December 19, 1995 meeting. Due to a snow storm, the Planning Board meeting was postponed until January 2, 1996. The North Andover Planning Board held a regular meeting on January 2, 1996. The following members were present: Joseph Mahoney, Chairman, Richard ,Rowen, Vice Chairman Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. Mr. Nardella made a motion, seconded by Mr. Rowen, to approve the modification to Meadowood III - subdivision/R-6. The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen yes Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, the motion failed. Mr. Nardella made a motion, seconded by Mr Angles, that the Board reconsider the vote just taken. The Board unanimously agreed. Mr. Nardella made a motion, seconded by Mr. Rowen, to approve the modification to Meadowood III - subdivision/R-6.- The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen no Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, ' the motion failed. Attached is the denial, sincerely, eosep&hV. Mahoney, Chairman> North Andover Planning Board 3 Lot 2M, 3M and 4M Andover..•„By-Passu..(Meadowood.:,:II3 Modification) special Permit Approval - Access other than over legal frontage The Planning Board herein denies this request for a special permit to allow access to Lot 3M and 4M over lots 4M and 2M Andover Bypass as the Lots do not exist. This application was requested by Sandpiper Realty Trust, 240 Candlestick Road, North Andover, MA 01845, on October 13, 1995. FINDINGS OF FACT: The Planning Board finds that due to the fact that these lots have not been created this application is inappropriate. i cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief` Fire Chief Applicant lica t Engineer File MIIImod2 .access ffiJ . R t.; PU���1�G BDA�O JOTOWMYCE BHCLIERK �� NORTH ANOOVEH Any appeal shall be filetlp WN OF NORTH ANDOVER MASSACHUSETTS JAN II 56 AM within (20) days after the date of filing of this Notice °< ORTK in the Office of the Town Clerk. �, ,.• SSACK USEI .Y.aim* ._. NOTICE OF DECISION- Date January.9. 1996. . . Nov 21, •1995 Date of Hearing Dee, 5,1995, ---Jan 2, 1996 Sandpiper Realty Trus Petition of . . . . . . . . . . . . . . . Premises affected • 191 Andover By-Pass . . , _ • Referring to the above petition for a special' permit from the requirements North Andover Zoning Bylaw Section 2.30.1 so as to allow construction, ofthe . . . . . . . . . . . . . . . . . . . . §�fx?f#xMx16�MA:t Q f ,a,Gonuaon.dxi veway•to be used by Lot 3M & .Lot. 4M And ,Bypass. After a public hearing given on the above date, the Planning Board voted t0 . :DENY . . . . . . . . . .the .$P9Q1AIa .PFX-Z1.T . . . . . . . . . . . , , based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner X Health Sanitarian Signed V. Assessors Police Chief Joseph v. Mahpppy.• Chairman Fire Chief Applicant Richard.Rowen,.. Vice Chairman. , Engineer File Alison Lescarbeau . CWe Interested Parties Richard Nardella`. . . ,, , , , , , John Simons . . . . . 'planning Boards Town of North Andover f �10RTF� OFFICE OF 3�0`�, E D a,6ti00L COMMUNITY DEVELOPMENT AND SERVICES F ..As A 146 MainStreet 7 ADgA TED PP`y North Andover,Massachusetts 01845 �SSaCHU (508)688-9533 January 9, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Lots 3M and 4M Andover Bypass (Meadowood III Modification) Common Driveway Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on November 7, 1995 in the Senior Center behind the Town Building, upon the application of Sandpiper Realty Trust, 240 Candlestick Road, North Andover, MA 01845 requesting a Special Permit under Section 2 .30. 1 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on October 18 and October 25, 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, Alison Lescarbeau, Clerk and Richard Nardella. Kathleen Bradley Colwell, Town Planner, was also present. Ms. Lescarbeau read the ;legal notices to open the public hearings. Steve Stapinski was present to present the plan. The site is a 40,000 seq. ft. parcel owned by the Gallants. It is the last house in the R-6 zone to be developed. The property is located in between Meadowood III and Nadine Lane on Route 125. Three new lots front on Route 125, one lot fronts on the roadway connection between Nadine and Meadowood III (Peterson Road) . The Gallant property is less than 3 acres in size, therefore, it is coming through the process as a modification to Meadowood III. The biggest concern is lot 3M which fronts on Peterson Road. Mr. Stapinski is looking for the Planning Board to allow access to lot 3M, however, a large wetland exists between Peterson Road and the buildable portion of the lot. The applicant is asking to access lot 3M across lot 4M with a common driveway off of Route 125. The Conservation Commission will not allow access to the lot over the wetlands, therefore, there is no danger that wetlands will be 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nioetta Michael Howard Sandra Stan Kathleen Bradley Colwell filled if the access is denied. Tom Laudani was also present and stated that when Meadowood III was developed the Planning Board and Conservation Commission had to be somewhat flexible.' If this request doesn't receive approval, it almost doesn't do justice to the development as a whole. Jim Towle, an abutter, asked if it was a sure thing that the state would approve a curb cut on Route 125, and does the Planning Board have to approve the curb cut before the state does? Mr. Towle is very concerned about 4 houses being built on 2 Lots. Ms. Colwell stated that a building permit wouldn't be granted if the state doesn't give approval for a curb cut. A site walk is scheduled for November 11, 1995 at 8 a.m. Discussion of this item is continued until November 21, 1995. The North Andover Planning Board held a regular meeting on November 21, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons. Kathleen Bradley Colwell,, Town Planner, was also present. Applicant requested a continuation until the December 5, 1995 meeting. The North Andover Planning Board held a regular meeting on December 5, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. The Planning Board held a site visit on November 11 at which time the engineer proposed a cul-de-sac off of Route 125 with 4 lots. The Planning Board members were all faxed copies of the-plan at that time. ConCom did not waive the 50' no-build and 25' no-cut regulations. Therefore, the cul-de-sac plan is not buildable as presented as the roadway does not fit within the buffer zones. We are still waiting for comments from the drainage consultant. Mr. Nardella asked- what Ms,. Colwell's recommendation is. She replied that the Board has granted this in the past- against her recommendation. There was general discussion and Mr. Mahoney stated he saw no reason why not to grant the four lots. Mr. Nardella stated that it is the only R-6 parcel in Town, and even though his heart is not in it, the fourth lot does seem to be consistent with the area. Ms. Lescarbeau feels that by allowing the access other than over the legal frontage the builder will be getting an extra lot. 2 j �I Ms. Colwell stated that the access is on a busy road (Route 125) and state approval pp val will be needed. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the public hearing was closed and staff was directed to draft a favorable decision for the December 19, 1995 meeting. Due to a snow storm, the Planning Board meeting was postponed until January 2, 1996. The North Andover Planning; Board held a regular meeting on January 2, 1996. The following members were presents Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. Mr. Nardella made a motion, seconded by Mr. Rowen, to approve the modification to Meadowood III '- subdivision/R-6. The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen yes Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, the motion failed: Mr. Nardella made a motion, seconded by Mr Angles, that the Board reconsider the vote just taken. The Board unanimously agreed. Mr. Nardella made a motion, seconded by Mr. Rowen, to approve the modification to Meadowood III subdivision/R-6. The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen no Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, the motion failed. Attached is the denial. Sincerely, igF v ?oseph V. Mahoney, Chairman North Andover Planning Board I 3 Lots 3M and 4M Andover-Bypass=- (Meadowood,.:III Modification) Special Permit Approval - Common Driveway The Planning Board herein denies this request for a specialpermit to allow the construction of a common driveway to access Lots 3M and 4M Andover Bypass (Route 125) as these lots do not exist. This application was submitted by: Sandpiper Realty Trust, 240 Candlestick Road, North Andover, MA 01845, on October 13, 1995. FINDINGS OF FACT: The Planning Board finds that due to the fact that Lots 3M and 4M' have not been created this application is inappropriate. cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File MIIImod2 .Drive : 7 pUA��11�G RECEIVED JOYCE JOYCE BRAD"HAW 'OWN CLERK Any appeal shall be filecP T WN OF NORTH ANDOVER NORTH ANDOVER MASSACHUSETTS within (20) days after the JAN 11- 56 AM t 96 date of filing of this Notice in the Office of the Town A I r - • C e k. . . • . ,SSACNUSE� - - NOTICE OF DECISION Date J911W x'Y. 9,. 1996. . . . . . . . . . . Nov 7,Nov 21, 1995 Date of Hearing ADx. 5.,.1-995,-,_Jan_2, 1996 TruPetition of , ,Sande per.RealtX.. .... , , , . . . . . . . . . . . Premises affected ,191.Andover Bypass, . . . . . . . . . . . . . . . . Referring to the above petition for a ,special permit from the requirements of the North Andover Zoning Bylaw Section 2.30.l. so as, to, ,al,lov� �oxlstraa�t.ios�. . of, a .common driveway. to. be, used by,Loi, It1,&,hot.2M.Andover.Bypass. After a public hearing given on the above date, the Planning Board voted to . ,DENY. . . . . . . . . .the special.permit. . . . . . . . . . . . ..: . based upon the following conditions CC: Director of Public Works Building Inspector Natural Resource/Land Use. Planneri�� Health Sanitarian Signed w• �� �� r Assessors Police Chief Joseph V.. MahoneX: Chairman , Fire Chief Applicant Richard Rowen. Vice Chairman Engineer File Alison Lescarbeau . Clerk . . . . . . . . . . . . . . . . . . . . . , , , , , interested Parties Richard.Nardella . . . . . . . . . .. . . . .. . . . .. . . . ... , , , , , , , John Simons . . . 'planning Board 5 Town of North Andover °E NORTIJ Iq OFFICE OF 3� <<' 6 o0L COMMUNITY DEVELOPMENT AND SERVICES I. : 146 Main Street .c-1 North Andover,Massachusetts 01845 9SSACMus�� (508)688-9533 January 9, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Lots 1M and 2M Andover Bypass (Meadowood III Modification) Common Driveway Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on November 7, 1995 in the Senior Center behind the Town Building, upon the application of Sandpiper Realty Trust, 240 Candlestick Road, North Andover, MA 01.845 requesting a special Permit under Section 2 .30. 1 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on October 18 and October 25, 1995 and all parties of interest were duly notified. The following members were presents Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk and Richard Nardella. Kathleen Bradley Colwell, Town Planner, was also present. Ms. Lescarbeau read the legal notices to open the public hearings. Steve Stapinski was present to present the plan. The site is a 40, 000 eq.. ft. parcelownedby the Gallants. It is the last house in the R-6 zone to be developed. The property is located in between Meadowood III and Nadine Lane on Route 125. Three new lots front on Route 125, one lot fronts on the roadway connection between Nadine and Meadowood III (Peterson Road) . The Gallant property is less than 3 acres in size, therefore, it is coming through the process as a modification to Meadowood III. The biggest concern is lot 3M which fronts on Peterson Road. Mr. Stapinski is looking for the Planning Board to allow access to lot 3M, however, a large wetland exists between Peterson Road and the buildable portion of the lot. The applicant is asking to access lot 3M across lot 4M with a common driveway off of Route 125. The Conservation Commission will not allow access to the lot over the wetlands, therefore, there is no danger that wetlands will be 1 BOARD OF APPEALS 688-9541 BUILDING 6M9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Perrino D.Robert Nioa to Michael Howard Sandra Stair Kathleen Bradley Colwell filled if the access is denied. Tom Laudani was alsopresentand stated that when Meadowood III was developed the Planning Board and Conservation Commission had to be somewhat flexible. If this request doesn't receive approval, it almost doesn't do justice to the development as a whole. Jim Towle, an abutter, asked if it was a sure thing that the state would approve a curb cut on Route 125,, and does the Planning Board have to approve the curb cut before the state does? Mr. Towle is very concerned about 4 houses being built on 2 lots. Ms. Colwell stated, that a building permit wouldn't be granted if the state doesn't give approval for a curb cut. A site walk is scheduled for November 11, 1995 at 8 a.m. Discussion of this item is continued until November 21, 1995. The North Andover Planning Board held a regular meeting on November 21, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowers, Vice Chairman, Alison Lescarbeau, Clerk, John Simons. , Kathleen Bradley Colwell, Town Planner, was also present. Applicant requested a continuation until the December 5, 1995 meeting. The North Andover Planning Board held a regular meeting on December 5, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. The Planning Board held a site visit on November 11 at which time the engineer proposed a cul-de-sac off of Route 125 with 4 lots. The Planning Board members were all faxed copies of the plan at that time. ConCom did not waive the 50' no-build and 25' no-cut regulations. Therefore, the cul-de-sac pian is not buildable as presented as the roadway does not fit within the buffer zones. We are still waiting for comments from the drainage consultant. Mr. Nardella asked what Ms. Colwell's recommendation is. She replied that the Board has granted this in the past against her recommendation. There was general discussion and Mr. Mahoney stated he saw no reason why not to grant the four lots. Mr. Nardella stated that it is the only R-5 parcel in Town, and even though his heart is not in it, the fourth lot does seem to be consistent with the area. Ms. Lescarbeau feels that by allowing the access other than over the legal frontage the builder will be getting an extra lot. 2 Ms. Colwell stated that the access is on a busy road (Route 125) and state approval will be needed. On a motion by Mr. Rowen, seconded by Ms Lescarbeau the public hearing was closed and staff was directed to draft a favorable decision for the December 19, 1995 meeting., Due to a snow storm, the Planning Board meeting was postponed until January 2, 1996. The North Andover Planning Board held a regular meeting on January 2, 1996. The following members were, present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner, was also present. Mr. Nardella made a motion, seconded by Mr. Rowen, to approve the modification to Meadowood III - subdivision/R-6. The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen yes Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, the motion failed. Mr. Nardella made a motion, seconded by Mr Angles, that the Board reconsider the vote just taken. The Board unanimously agreed. Mr. Nardella made a motion, seconded by Mr. Rowen, to approve the modification to Meadowood III -subdivision/R-6. The Board voted as follows: Mr. Angles no Mr. Mahoney yes Mr. Rowen no Mr. Nardella yes Mr. Simons abstained Because a special permit requires four affirmative votes to pass, the motion failed. Attached is the denial,. Sincerely, j�F ?Tepoh V. Mahoney, Chairman North Andover Planning Board 3 Lots IM and 2M Andover Bypass,..(Meadowood..III,.Modification) Special Permit Approval - Common Driveway The Planning Board herein denies this request for a special permit to allow the construction of a common driveway to access Lots 1M and 2M Andover Bypass (Route 125) as these lots do not exist. This application was submitted by Sandpiper Realty Trust, 240 Candlestick Road, North Andover, MA 01845, on October 13, 1995. FINDINGS OF FACT: The Planning Board finds that due to the fact that Lots 1M and 2M Andover Bypass have not been created this application is inappropriate. cc; Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File MIIImodl.Drive TOWN OF NORTH ANDOVER A HAW MASSACHUSETTS PLANNING BOARD OCT 13 1155 AM ' MODIFICATION APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: Sandpiper Realty Trust Address: 240 Candlestick Road I Application is hereby made North. Andover, MA 01845 (a) For a Special Permit under Section 7. 2 , Paragraph `1 of the Zoning Bylaw. 2. (a) Premises affected are land x and buildings numbered 191 Andover By-P'ass v ..- ._. (b) Premises affected are property with frontage on the North South East West side of And_over By-Pass Nis NAX, known as No. 191 Andover By-Pass vevveM (c) Premises affected are in Zoning District R-4 ar-i the premises affected_ have an area of 39,744 S.F. and frontage of 344. 79 ' feet. 3 Ownership: (a) Name and Address of owner (if joint ownership, give all names) Winifred Gallant, 191 Andover By-Pass, North Andover, MA Date of purchase Previous owner (b) If applicant is not owner, check his interest in the premises: X Prospective purchaser Leasee other (explain) Not: Applicable 4. Size of proposed building: 361+ front: 361+ feet deep Height: stories: 6ffeet (a) Approximate date of erection (b) occupancy or use (of each floor) (c) Type of construction Not Applicable 5. Size of Existing Building: 401 feet front: 281 feet deep Height: 1 stories 16' feet. (a) Approximate date of erection (b) Occupancy or use -(of each floor) t ti. � a 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? No If so, when 7. Description of purpose .for which Special Permit is sought on this petition: Access. for Lot 3M over Lot 4M, and Lot over 232 150 8. Deed recorded in the Registry of Deeds in Book 1191Page 287 or Land Court Certificate No. Book Page 9. The principal points upon which I base may application are as follows: (must be stated in detail).. Topography, wetlands and geometry fix the position of houses and driveways into a design scenario 'which dictate cross access be permitted, in order to eliminate wetland filling. I agree to pay for advertis' spa p and postage fee for mailing legal notices to " artes in I t st". s, igr�ature} 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 tailed for by the form shall be furnished by the applicant in the manner therein. ' Every application shall be submitted 'faith 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 ox town. LIST OF PARTIES IN INTEREST NAMES ADDRESS Add additional sheets if necessary Any question should be directed to the Planning Office lyceeoss RECEIVED TOWN OF NORTH ANDOVER •OYCEBRADSHAW MASSACHUSETTSTO" CLERK NORTH ANDOVER PLANNING BOARD OCT 13 153 AN APPLICATIONFOR SPECIAL PERMIT MOODIFICATION NOTICE: This application must be typewritten Applicant: Sandpiper .Realty TrusAddress: 240 Candlestick Road or Andover,MA 0345 l•_ Application is hereby made (a) For a Special Permit under Section 2. 30, Paragraph of the Zoning Bylaw. 2 (a) Premises affected are land X and buildings X numbered191 Andover By-PasStreet. (b) Premises affected are property with frontage on the North South East West X side of Andover By-Pass Stra , known as No. =9 Andover By-Pass N ' . (c) Premises affected are in Zoning District R- 4 ar-i the premises affected have an area of 3-9,744 S.F. and frontage of 34.4.79' feet. -. 3. Ownership: (a) Name and Address of owner (if joint ownership, give all names) : Winifred Gallant, 191 Andover By-Pass Date of purchase option 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: 361+ fronts 361+ feet deep Height: 2 stories: 16� feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 5. Size of Existing Building: + feet front: 28'+ feet deep Height: 1 ' stories 16' feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) y J - 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? No If so, when 7. Description of purpose 'for which Special Permit is sought on this petition: _ Common driveway access for lots4jNWW 1M. a a M 232 150 8. Deed recorded in the Registry of Deeds in Book ll9lPage 287 or Land Court, Certificate No. Book Page , 9. The principal paints upon which I base may application are as follows (must be stated in detail) ,` Common driveway required to eliminate need to till wetlands for access. I agree to pay for advertisin=in pa and postage fee for mailing Legal notices to "Par est". (P i ernature) Every application for action by the Board all 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 2Ei D E BRAD S H A W TOWN biRK TOWN OF NORTH ANDOVER NMI ANDOVER MASSACHUSETTS' OCT PLANNING BOARD 13 1155 AN APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: Sandpiper Realty Trust Address: 240 Candlestick Road 1. Application is hereby made North Andover, MA 018.45 (a) For a Special Permit under Section 7 . 2 , Paragraph ' 1 of the Zoning Bylaw. 2. (a) Premises affected are land X and buildings numbered 191 Andover By-Pass (b) Premises affected are property with frontage on the North South East Westx side of Andover By-Pass SU44t, known as No. 191 Andover By-Pass leve (c) Premises affected are in Zoning District R-4 ar.} the premises affected have an area of 39 ,744 S.F. and frontage of 344. 79 ' feet. 3. Ownership: (a) Name and Addressofowner (if joint ownership, give all names) Winifred Gallant 191 Andover By-Pass, North Andover, MA Date of purchase Previous owner (b) If applicant is not owner, check his interest in the premises; X Prospective purchaser Leasee Other (explain) Not, Applicable 4. Size of pro osed building: 361+ front: 361+ feet deep Height: stories: 16 , feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction Not Applicable 5. Size of Existing Building: 40 � feet front: 28 'fo � feet deep Height: 1 1 stories 16' feet. (a) Approximate date of erection (b) Occupancy or use (ofeach floor) 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? NO If so, when 7. Description of purpose for which Special Permit is sought on this petition: and Lot 1M over Lot 2M. 232 150 8. Deed recorded in the Registry of Deeds in Book 1191 Page 287 or Land Court Certificate No. Book —Page 9. The principal points upon which I ` base may application are as follows: (must be stated in detail) Topography, wetlands and geometry fix the position of houses and driveways into a design scenario which dictate cross access be permitted, in order to eliminate wetland filling. I agree to pay for advertis' pap and postage fee for mailing legal notices to " arti.es in I t st" s igilature} Every application for ac=�by 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 :� K Ri f f; Al L i) JOYCE RRADcHAW TOWN OF NORTH ANDOVER TOWN C L E R K MASSACHUSETTS NORTH ANDOVER PLANNINGBOARD I:, I J !I 54A 0, � APPLICATION FOR SPECIAL PERMIT MODIFICATION NOTICE: This application must be typewritten Applicant: Sandpiper Realty TrusAddress: 240 Candlestick Road North Andover, MA . 01845 1. Application is hereby made (a) For a Special Permit under Section 2.30, Paragraph • l of the Inning Bylaw. -- 2. (a) Premises affected are land X and buildings x numberedl9l Andover By-Pas$treet (b) Premises affected are property with frontage on the North South East West X side of Andover BY-Pass SOTW41t, known as No. =Andover By-Pass SU . (c) Premises affected are in Zoning District R- 4 at,-i the premises affected have an area of 39, 744 S.F. and frontage of 344.79 ' feet. 3. Ownership: (a) Name and Address of owner (if joint ownership, give all names) : Winifred Gallant, 191 Andover By-Pass Date of 'purchase0D ion 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: 36 �- front. 361+ feet deep Height: 2 stories: 1.6' feet. (a) Approximate date of-erection (b) occupancy or use (of each floor) ' (c) Type of construction 5. Size of Existing Buildings 401+ feet front: 28 '+ feet deep Height: 1 stories 16' feet. (a) Approximate date of erection (b) occupancy or use (of each floor) 6. Has there been a previous application for a Special Fermin from the Planning Board on these premises? No If so, when 7. Description of purpose for which Special 'Permit is sought on this petition: common driveway access for lots 3M and M. 232 150 8. Deed recorded in the Registry of Deeds in Book 1191Page 287 or Land Court Certificate No. Book Paga 9. The principal _points-upon 'which I base may application are as follows: (must be stated in detail) , Common driveway required to eliminate need to t1il wetlands for access. I agree to pay for advertisin ' pa and postage fee for mailing legal notices to "Par 'es in est". (P 3,tireGer I"" iture} Every application for action by the Board all 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 310 CMA 10.99 Form 8 DEP File No. 242-776—� (To oe croviaed by DEP) — Cv d Town North Andover Commonwealth . ---(t-_: of Massachusetts Aooucant Quest Enterprises, Inc. Lot 2M Andover By-pass PARTIAL Certificate Of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 rrcm North Andover Conservation Commission Issuing Authority 200 Park Street Suite #2 io Quest Enterprises, Inc. No. Reading, MA 01864 (Name) (Address) Date of Issuance October 1, 1997 his Cerificate is issued for work regulated by an Order of Conditions issued to Sandpiper, Realty Trust dated 11/30/95 and issued by the NACC Q It is hereby certified that the work regulated by the above-referenced Oraer of Conditions has been satisfactorily completed. 2. It is hereby certified that only the following portions of the work regulated by the above-refer- enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project, specify what portions are included.) Lot 2M Andover By—pass ONLY Q It is nereby certified that the work regulated by the above-referenced Order of Conditions was never commenced.The Order of Conditions has lapsed and is therefore no longer vaiid. No future worx subject to regulation unser the Act may be commenced without filing anew Nonce of Intent arc receiving a new Order of Conditions. ............................................................. (Leave Soace Blank) 6-1 _. _.;ve 1/ 4. D This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in which the land is located.The Order was originally recorded on 10/24/96 (date) at the Registry of Deeds, North Essex . Instrument #27744 5. q The following conditions of the Order shall continue: (Set forth any conditions contained in the Final Order, such as maintenance or monitoring,which are to continue for a longer period.) Issued by A No t An r onservation Commission I Signature(s) When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this 1st day of October , 1 g 97 . before me personally appeared Joseph W. Lynch, Jr. , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My commission expires ` Detach on dotted tine and submit to the To NACC Issuing Authority Please be advised that the certificate of Compitance for the project at. File Number 242- 776 has been recorded at the Registry of Deeds, Northern Essex and has been noted in the cnatn of title of the affected-property on i 4 Itreccroed Ianc.Me instn.Knent numoer wrttc:l tdenttttes this 7ansacadn is t:registered land,the cocument number watch tdenUfmS tars iransacaon is i JOYCE �( r4At TOWN CLUIK 310 CNIR 10.99 NORTH ANDOVER Form 51 t 021aniet4m '0242-776 �— � au 30 IL. P "'. (rooeop -nroEP) No. Andover Z0U—=1C"_ Commonwealth Giy.Town � of Massachusetts a�ar�ni Sandpiper Realty—Trust1111 17V Route 125, Andover By-Pass, Map 25, Lot 34 Order of Conditions, Massachusetts Wetlands Protection Act G.L C. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 _ From North Andover Conservation Commission To Sandpiper Realty Trust SandpiperRealtry Trust (Name of Applicant) (Name of property ownerl 240 Candlestick Road 240 Candlestick Road Address No. Andover, MA 01845 Adorers No. Andover MA 01845 This Orcer is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) Eby certified mail. return receipt requested on ��� t,,,_T_/_�� (date) This project is located at Route 125-Andover By-Pass, Map #25, Lot #34 The property is recorded at the Registry of Deeds, Essex North BOOk 232, 1191 Page 150, 287 Certr'icate(it rectsieredl t The Notice of Intent for this project was filed on September 29, 1995 (date) The ouWic nearing was closed on November 1, 1995 (datel Findings The North Andover-Conservation Commission has reviewed the above-referenced Notice of Intent anc scans anc nas net0 a Duziic hearing an the-pro)ect. Based on the inion ration avaiiaole to the NACC at this time.the NACC has determined that the area on wn:cn the proposed work is to be cone is significant to the following interests in accordance with the Presurrattons of Significance set forth in The reguiaaons for each Area Subject 10 Protection I.Uncer the Act fC:eck as approanatel: Ch.178 Prevention of erosion and sedimentation i.. Pub ter w sup iY Flood control [3 Land containing shellfish a a .e Private water supply storm damage prevention l� Fisheries Ground water supply Prevention of pollution Protection of wildlife habitat Ch. 178 Wildlife Ch hare ` r tion Totat Fling Fee Submttsed Slate S $ S CityiTown Share $512.5 + 50 (1/-- fee in excess ct S25) Total Refund Due 5 City/Town Portions State Portion S (112 total) (`h total) E!te=we '1;10IE° DEP FILE #242 - 776 Therefore, the North Andover Conservation Commission (hereafter the"NACC")hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Where the Department of Environmental Protection(DEP)is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 7. The proposed work includes: Construction of four(4)single family houses, drives, utilities and grading within the buffer zone of a resource area. 8. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Sandpiper Realty Trust 240 Candlestick Rd. North Andover,MA 01845 dated 9/29/95 Plans prepared by: Merrimack Engineering Services,Inc: entitled"A Modification to the Special Permit and Definitive Plans Meadowood III." dated 9/1/95 CAWinword\00C\242-776.doc 1 NACC 11/30/95 DEP FILE # 242 - 776 9. The following wetland resource area is affected by the proposed work: buffer zone to bordering vegetated wetland (BVW). This resource area is significant to the interests of the Act and Town ByLaw as noted above. This resource area is also significant to the recreational and wildlife interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated 9/1/95. Prior to the issuance of a_Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 11. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 12. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. 13. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site to construct four(4)single family houses,drives, utilities and grading within the buffer zone of a resource area will cause fiuther alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent(NOI)and approved herein, a twenty five foot (25') no-disturbance zone and a fifty foot(501) no-construction zone shall be established from the edge of the adjacent wetland resource area. THE NATURAL RESOURCE/LAND USE PLANNER AND/OR OTHER AGENTS OF THE NACC DO NOT HAVE THE AUTHORITY TO WAIVE THESE SETBACKS AS ESTABLISHED UNDER THE LOCAL BYLAW. No disturbance of existing" grade, soils or vegetation is permitted in the no-disturbance zone. (See Appendix 5 of the local Regulations). 14. All catch basins shall contain oil/gasoline traps, and it shall be a continuingcondition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 15. This Order of Conditions is issued in addition those issued under File No. #242- 700/748. 16. ANY FUTURE PROJECT WHICH PROPOSES A WETLAND CROSSING IN ORDER TO ACCESS CERTAIN PORTIONS OF THE PROPERTY WILL NOT BE QUALIFIED AS A LMTED PROJECT ROADWAY UNDER 310 CMR 10.53(e). CAWinword\00C\242-776 doc 2 NACC 11/30/95 DEP FILE #242 - 776 17. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. SUBDIVISION LOT DEVELOPMENT 18. Lots numbered 3M and 4M shall not be built upon as configured(waiver request denied). 19. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. PRIOR TO CONSTRUCTION 20. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 21. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods.No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. 22. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words"Massachusetts Department of Environmental Protection,Fite Number 242-776". 23. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies.This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted the NA r review' v p to e CC foand.approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. CAWinword\00C\242-776.doc 3 NACC 11/30/95 DEP FILE #242 - 776 24. The applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shallbe made a part of the contractor's written contract. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. 25. The applicant shall submit a construction schedulelsequence to the NACC detailing the proposed sequence of work on site to complete this project. 26. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing so that erosion control measures can be,properly placed and wetland impacts can be monitored. 27. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed along the 25' No-Disturbance Line and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. 28. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty five(25) hay bales and sufficient stakes for staking these bales(or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. 29. A check payable to the Town of North Andover shall be provided in the amount of $12,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasure before commencement of work. Said bond or deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel,and shall be released after completion of the project, provided that provision, satisfactory to the NACC, has been made,for performance of any conditions which are of continuing nature. The applicant may propose a bond release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. DURING CONSTRUCTION CAWinword\00C\242-776.doc 4 NACC 11/30/95 DEP FILE # 242 - 776 30. Upon beginning work, the applicant shall submit written progress reports every two (2) months detailing what work has been'i done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 31. Any fill used in connection with this project shall be clean fill, containing no trash, refuse rubbish or debris, including but not,:limited to lumber, bricks, plaster,wire lath, paper, cardboard, pipe, tires,ashes, refrigerators, motor vehicles or parts on any of the foregoing. 32. No exposed area shall remain unfinished for more than thirty(30)days, unless approved by the NACC. 33. No regrading in the buffer zone shall havd.a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 34. There shall be no stockpiling of soil or other materials within twenty-five(25)feet of any resource area. 35. Washings from concrete trucks,or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 36. All waste generated by, or associated with,the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters(or other suitable means) at the site for the storage and removal of such spent construction materials off-site. 37. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 38. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 39. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1)business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. CAWinword\00C\242-776.doc NACC 11/30/95 DEP FILE#242 - 776 AFTER CONSTRUCTION 40. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions, and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 41. Fertilizers utilized for landscaping and lawn care shall be organicandlow-nitrogen content, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area This condition is issued under the authority of the Town's Wetland Protection ByLaw. 42. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE AND UPON APPROVAL FROM THE NATURAL RESOURCE/LAND USE PLANNER,ALL SEDIMENTATION/EROSION CONTROLS SHALL BE REMOVED FROM THE SITE. 43. Upon completion of the project,the applicant shall submit a letter to the NACC from a Registered Professional Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein(or approved revisions). Certification includes, but is not limited to,verification that the limit of work coincides with the approved"NO-DISTURBANCE/NO-BUILD" zones. A stamped "As- Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and ByLaw shall be submitted when a Certificate of Compliance is requested. This plan will include: A) "As-Built" elevations of all drainage structures constructed within 100 feet of any wetland resource area; B) Distances from structures to wetland resource areas. Structures include, but are not limited to, septic systems, stone walls, retaining walls, and where applicable approved decks and/or pools C) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation; D) Location of all subsurface utilities entering the property; E) Location of existing erosion controls; C:\Wi1iword\00C\242-776.doc 6 NACC 11/30/95 DEP FILE# 242 - 776 44. Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: A) The name and address of the current landowner; B) The name and address of the individual/trust or corporation to whom the compliance is to be granted; C) The street address and assessor's map/parcel number for the project; D) The DEP file number; 45. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 13. A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP#242-776/700/748. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI(page 18) of the Regulations for performance standards within these zones)The Natural Resource/Land Use Planner and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; 14. Maintenance of catch basins; 39. Discharge or spillage of pollutants; 40. Prohibition of storage of fuels underground; 41. Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\OOC\242-776.doc 7 NACC 11/30/95 Rte. 125, Andover By-Pass 242-776 Issued Sy North An e Conservation Commission Signature(s) l ti This Order must be signed by a majority of the Conservation Commission. 29th November 95 On this day of 19 , before me personally appeared George L. Reich . to me known to be the person described in and who executed the foregoing instrument and acknowledged that helide executed the same as his/dWr free act and deed. March 22, 2002 Notary Public Donna Mae' 'Agata My commission expires The aooncant.the owner.any person aggrieved by this Order.any owner of land abutting the land upon which the oroocsea work is to be cone,or any ten residents of the city or town in which such land is located.are hereby notified of their right to reauest the Department of Environmental Protection to issue a Superseding Order,providing the reduest is made by certified mail or hand delivery to the Department. with the appropriate filing tee and Fee Transmittal Form as provided in 310 CMR 10.03(7},within ten days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. PROVIDE RECORDING INFORMATION TO THE NORTH ANDOVER CONSERVATION COMMISSION: Detach on dotted line and submit to the North Andover Conservation Comm prior to commencement of work. 120 Main Street;...No:. Andover MA o01845.,........ ................ To NORTH ANDOVER CONSERVATION COMMISSION :ssu=ng Aulnonty Please be advised that the Order of Conditions forme project at Rte. 125, Andover By—Pass ;:de Numoer 242— 776 has been recorded at the Reoistry of Deeds, and has peen noted to ine chain of title of the affected property in accordance with General Condition 8 on . 19 If recorded land. the instrument number which identities this transaction is If registered land. the document number which identifies this transaction t5 A Sicna:ure cotic3nt 5•4A • ��1��J� ®` t�'?f�' �'�;max. JOYCE BRADSHAW NORTH"ACNDOVER TOWN OF NORTH ANDOVER 4 JUL 2 52 P i MASSACHUSETTS PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: Hillside Realty ,Corp. Addres7s33 Turnpike Street, Suite 311 North Andover, MA 01845 1. Application is hereby made 7.2.1 - (a) For a Special Permit under Section Paragraph `__ of the Zoning Bylaw. 2. (a) Premises affected are land X and buildings X numbered 191 Andover By-Pass (b) Premises affected are property with frontage on the North South East West X sidarnf Andnvar Ry-pass Street, ' known,. as No. 191 Andover By-Pass Street. (c) Premises affected are in Zoning District R- 6 ` ar. I the premises affected have an area of _, 39,744 S.F. and frontage of 344.79 feet. 3 . Ownership: (a) Name and Address of owner (if joint ownership, give a 11 names) Winifred Gallant,, 191 Andover. By-PA-1,11 - Date of purchase Previous owiYer (b) If applicant is not owner, .check hisinterest in the premises: �- Prospective purchaser Leasee other (explain) 4 . Size of proposed btxilding: 36�_ 'front: 36' + feet deep Height: 2 stories: 16'feet. (a) Approximate date of erection __upon all approvals (b) Occupancy or use (of each floor) (c) Type of construction 5. Size of Existing Building: 40 ` feet front: 28 feet deep Height: 1 stories 16 feet. (a) Approximate date of erection (b) occupancy or use (of each floor) t. 6. Has there been previous application for a Special Permit from the Planning Board on these premises? Ye If so, when October 13, 1995 7. Description of purpose for which Special Permit is sought on this petition: Access over another lot rather than the frontage, in orcMer�maxim'mi a p�bu T—d safel=y o ri.veways on Rte. 125. 15022 S. Deed recorded in the Registry of Deeds in Book 'f i Page 287 or Land Court Certificate `No. Hook _ Paga 9. The principal points upon which I base may applicacion are as follows: (must be stated in detail) . Area is surrounded by high density residential development. Proposed use is in conformance with existing land' usp- and w; 11 not him rietriment-aa to the surrounds ag area PrnpnaPd »sP i a in cnnfnrmanr-rm With the Town Master Plan. I agree to pay for advertising in` newspaper and postage fee for mailing legal notices to "Pantie in In res,�.j (Petiti er's Signature) James Demetri Every application for action by* the. Board shall be made on a form approved by the Board. These forms shallbefurnished 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 Hoard ;of the Town and the Planning Board of every abutting :city or town. LIST OF PARTIES IN INTEREST NAMES ADDRESS See Attached List Add additional sheets if necessary Any question should be directed to the Planning Office MAP ' m r/ m �. 9.11.11P.1 _:" _wm WIT 01- R EG I K 8 R A a JOYOE DRASA WN OF NORTH ANDOVER 10'WN 01m 4110,03y"s Any appeal shall be fiieTcP MASSACHUSETTS within (20) days after the AUG ZG 3 G6 Pik '96 date of filing of this Notice in the Office of the Town 49Y . i Cierk. =. NOTICE OF DECISION Date, August 26, 1996 99 Date of Hearin; August 20 . . .. Hillside Realty Corp. Petition of . . . . . . . . . . . . . . . F2?emises affected ,Land & `Buildings numbered 1.91 Andover13y-pass• • • Referring to the above petition for a special permit from the requirements f North Andover Zoning Bylaw Section 2.30 paragraph 1 o ¢l. . . . . . . . . . . . so 'IS tc allow the construction of a common driveway,t9 pKQvj&e.access.to lots .1M and 2M Andover By-pass (Route 125) . -After a . u til� vp �n e ae..,da to ning Board voted Conditionally t0 apprPYe .,`he .special Pou�•t . . based upon the follows conditions CC: Director of Public Works < Building Inspector Natural Resource/Land Use Planner �� Health Sanitarian Signed Assessors Police Chief Joseph V. Mahoney. Chairman Fire Chief Applicant Richard Rowen. Vice Chairman Engineer • • ca beau . Clerk • on Les r . . . File Alison . . . Interested Parties Richard. . . . . . . . . . . . . . . .la• • , , , John Simons . . . . . . . .. pianning • Hoard August 26, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Lots 1M & 2M Andover By-pass (Rt. 125) Special Permit/Common Drive Dear Ms . Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, August 20, 1996 in the Senior Center behind the Town Building on the application of Hillside Realty Corp. , 733 Turnpike Street, Suite 311, North Andover, MA 01845 for a special permit under Section 2. 30 Paragraph I of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on July 31 and August 7, 1996 and all, parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Alison Lecarbeau, Clerk, Albert Angles, Associate Member, Richard Nardella and John Simons. The petitioner was requesting a special permit to allow the construction of a common driveway to provide access to lots 1M and 2M Andover By-pass (Route 125) . Ms. Lescarbeau read the legal notices to open the public hearings on the common drive and access. The subdivision/R-6 Modification public hearing was opened at the August 6, 1996 meeting. Because the property is all in the same location, it makes sense to speak of this all together. Steve Stapinski was present and stated the proposed plan is for a common drive for lot 2M and access over lot 2M to lot IM. Mr. Nardella asked if this was wetland and Mr. Stapinski replied in the affirmative. Mr. Simons questioned how this could be a modification when it was never in the original subdivision. Ms. Colwell stated that she understands Mr. Simons concerns, but Town Counsel stated that a land can be added to an existing subdivision either by modifying the original or by filing a new plan. In this case, because there is a 3 acre minimum in the R-6 1 zone and this property does not contain 3 acres it must be considered as a modification. Mr. Angles and Ms . Lescarbeau both stated that this plan is a vast improvement over the plan submitted a few months ago. Ms. Colwell stated that the Board did, in fact, review a plan for 4 lots and at that time directed the applicant to return with a 3 lot plan. The Board set the site opening bond for the Common Drive at $5, 000 . The Board set the site opening bond for Access at $5, 000. On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to close the public hearings on: 191 Andover By-pass (Meadowood III) Common Drive and 191 Andover By-pass (Meadowood III) Access and Meadowood III - Subdivision/R-6 modification On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted as follows to approve the draft decisions for: 191 Andover By-pass (Meadowood III) Common Drive and 191 Andover By-pass (Meadowood III) Access and Meadowood III - Subdivision/R-6 modification Mr. Mahoney yes Mr. Angles yes Mr. Nardella yes Ms. Lescarbeau yes Mr. Simons abstained Attached are the conditions. Sincerely, _ seph V. Mahoney, Chairman North Andover Planning Board 2 Lots 1M & 2M Andover Bypass(Rt125) Special Permit Approval- Common Driveway The Planning Board makes the following findings regarding the application of Hillside Realty Trust, 733 Turnpike Street, Suite 311, North Andover,MA 01845,dated July 29, 1996 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 1M and 2M Andover Bypass(Rt. 125). 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 to limit the number of curb cuts on Rt. 125. 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 Board approves this Special Permit with the following conditions: Special Conditions: 1. This decision must be filedwiththe North Essex registry of Deeds. Included as a part of this decision are the following plans: a) Plans titled Modification to the Special Permit and Definitive Plan Meadowood III North Andover, Mass Owner& Developer: Quest Corporation Turnpike Street, Suite 3 11 North Andover,MA 01845 Scale: as noted Date: June 10, 1996 Prepared by: Merrimack Engineering Services, Inc. Park Street Andover, Massachusetts 01810 b) 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 a modification by the Planning Board. 2, Prior to any site disturbance: a) The location of the driveway must be marked in the filed and reviewed by the Town Planner. b) All erosion control devices must be in place as shown on the plan. c) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recordeddecision must be submitted to the Planning Office. d) Tree clearing must be kept to a minimum. The area to be cleared must be reviewed by the Town Planner. e) A performance guarantee of five thousand($5,000)in the form of a check made out to the Town of North Andover must be in 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 FORM U verification: a) Easements pertaining to the rights of access forandagreements pertaining to the maintenance of the driveway must be recorded with the registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 4. Prior to Certificate of Occupancy issuance: a) The Applicant shall place a stone bollard at the entry to the common drive off of the Andover By-pass(Rt 125). 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" x8"x 72". The stone shall have 48' exposed and 24' buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for purposes of public safety. b) The proposed dwelling on Lot 2M shall have a residential fire sprinkler system installed as required by the North Andover Fire Department. 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 the 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 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Lot 1M&2M Andover Bypass-common drive r .. _ ' ''T _'iy C� JOYOE hAW NORfN ANDS TOWN OF- NORTH ANDOVER MASSACHUSETTS JUL 252 P PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: Hillside Realty Corp.Addres7s33' Turnpike Street, Suite 311 • ,North Andover, MA 018–45— 1. Application is hereby made 2.3. 1. - (a) For a Special Permit under Section ,: Paragraph of the Zoning ;Bylaw. 2. (a) Premises affected are land and buildings X numbered 191 Andover By-Pass (b) Premises affected are property with frontage the North South East West X� side of Andover Street, known as No. 191 Andover By-Pass Street. (c) Premises affected are in Zoning District R- 6 ar' 1 the premises affected have an area of 39.744 S.F. and frontage of 344.79 feet. 3 . . Ownerships (a) Name and Address of owner (if joint ownership, give all, names) Winifred Gallant, 191 Andover Rv asG Date of purchase I lPr'evidus owner (b) If applicant is not owner, check" his interest in the premises: x Prospective purchaser Leasee other (explain) 4 Size of proposed building: 36�_ front: 36' feet deep Height: 2� stories: feet. (a) Approximate date of erection upon all approvals . (b) occupancy or use (of each floor) (c) Type of construction 5._ Size of Existing Buildings 40 feet front: 28 feet deed; Height: 1 stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) 6. Has there been a previous application fora-Special Permit from the Planning Board on these premises) Yes If so, when October 13 1995 7. Description of purpose for which Special Permit is sought on this petition: Common driveway, to allow shared use on Rt-p- 12S and maxj mi .P ijl i,c safety- 150 8. Deed recorded in the Registry of Deeds in Book MI Page 287 or Land Court Certificate No. Book ' _ Paga _ 9. The principal points upon which, I base may application are as follows: (must be stated in detail) . Area is surrounded by high density residential development. Proposed use is in conformance with existing land use and will nnt- he to the surrounding area PrnpncPd t,ap i c in nnn fnrmance with- the it-hthe Town Master Plan. r r , I agree to pay for advertising in newspaper and postage fee for mailing legal notices to "Partie in 'In r Vic/ ,{ (Petiti er's Signature)- James Demetri Every application for action 6y 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` Xorm shall be furnished by the applicant irx 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 (30,0) 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 See Attached List Add additional sheets if necessary Any question should be directed to the Planning office �r� �/ �. .►� /.a. _i/ MINEwom IME MMWAWWJM�,WAMMMMWAW, INE MEN MM EMIN MEN FA- - IME _MEN M- MEME MENNEN IME — _— __ MEME _ ME — _— __ ME __ MMI_ _® ME ®� IME ®_ MEME ME �■s ME _ME ME ®ME ME ®ME INIM- ME ae ME REG ,... JOYGE ' AG: kAW p 0 H ANDOVER T WN 'OF NORTH AND0VERN Any appeal shall be filecP M A S s A c s L S E T T s AuG L6 3 c-5 within (20) days after the ppRTN date of filing of this Notice r ; . 0 in the Office of the Town o Gferk. NOTI CE OF DECISION �7Y3 �G August 26, 1996 Date. . . . . . . . . . . . . . . . . . . . . .. . . . . . . • Date of Hearing August 20,. 1996 I� Hillside Realty. CP!Tp. . . Petition of . . . . . . . � Premises affected Land & .Buildings numbered 191 Andover.By7g419s . 1 Referring to the above petition for a special permit from the requirements i North Andover Zoning Bylaw Section 7.2 Paragraph 1 . . of the . . . . . . . . . . allow access to Lot 1M over the frontage of Lot 2M on the Andover so as to PeVOi . . .`. . . . . . . . . . . . . . . By-pass (Route 125)•, . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 1 "After a '1zn on the above date, the Planning Boa�Vote � w .. m... . . _.�...�.. .moo _.: � �' �+ ,a u� conditionally special permit :. .•- - . . . . . . .the . . . . based upon the follolving conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner k�/= Health Sanitarian Signed Assessors an Police Chief Joseph V. MahoneX.• Ch. .. . . . Fire Chief Applicant 'Richard.Rowen:Vice Chairman • Engineer Alison Lescarbeau, Clerk• File Interested Parties Richard Narde. . . • , , . . . . . John Simons . .Planning • Board's August 26, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Lots 1M & 2M Andover By-pass (Rt. 125) Special Permit/Access Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, August 20, 1996 in the Senior Center behind the Town Building on the application of Hillside Realty Corp. , 733 Turnpike Street, Suite 311, North Andover, MA 01845 for 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 July 31 and August 7, 1996 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Alison Lecarbeau, Clerk, Albert Angles, Associate Member, Richard Nardella and John Simons. The petitioner was requesting a special permit to allow the construction of a common driveway to provide access to lots 1M and 2M Andover By-pass (Route 125) . Ms. Lescarbeau read the legal notices to open the public hearings on the common drive and access. The subdivision/R-6 Modification public hearing was opened at the August 6, 1996 meeting. Because the property is all in the same location, it makes sense to speak of this all together. Steve Stapinski was present and stated the proposed plan is for a common drive for lot 2M and access over lot 2M to lot 1M. Mr. Nardella asked if this was wetland and Mr. Stapinski replied in the affirmative. Mr. Simons questioned how this could be a modification when it was never in the original subdivision. Ms. Colwell stated that she understands Mr. Simons concerns, but Town Counsel stated that a land can be added to an existing subdivision either by modifying the original or by filing a new plan. In this case, because there is a 3 acre minimum in the R-6 I � zone and this property does not contain 3 acres it must be considered as a modification. Mr. Angles and Ms. Lescarbeau both stated that this plan is a vast improvement over the plan submitted a few months ago. Ms. Colwell stated that the Board did, in fact, review a plan for 4 lots and at that time directed the applicant to return with a 3 lot plan. The Board set the site opening bond for the Common Drive at $5, 000 . The Board set the site opening bond for Access at $5, 000. On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to close the public hearings on 191 Andover By-pass (Meadowood III) Common Drive and 191 Andover By-pass (Meadowood III) Access and Meadowood III - Subdivision/R-6 modification On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted as follows to approve the draft decisions for: 191 Andover By-pass (Meadowood III) Common Drive and 191 .Andover By-pass (Meadowood III) Access and Meadowood III - Subdivision/R-6 modification Mr. Mahoney yes Mr. Angles yes Mr. Nardella yes Ms. Lescarbeau yes Mr. Simons abstained Attached are the conditions. Sincerely, oseph V. Mahoney, Chairman North Andover Planning Board 2 J Lots 1M & 2M Andover Bypass(Rt125) Special Permit Approval-Access other than over the legal frontage The Planning Board makes the following findings regarding the application of Hillside Realty Trust, 733 Turnpike Street,Suite 311,North Andover,MA 01845, dated July 29, 1996 requesting a Special Permit under Section 2.30.1 of the North Andover Zoning Bylaw to allow access to Lot 1M over Lot 2M Andover Bypass(Rt. 125). 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 to limit the number of curb cuts on Rt. 125. 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 Board approves this Special Permit with the following conditions: Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans: a) Plans titled: Modification to the Special Permit and Definitive Plan Meadowood III North Andover,Mass Owner& Developer: Quest Corporation Turnpike Street, Suite 311 North Andover, MA 01845 Scale: as noted Date: June 10, 1996 Prepared by: Merrimack Engineering Services, Inc. Park Street I Andover, Massachusetts 01810 b) 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 a modification by the Planning Board. 2. Prior to any site disturbance: a) The location of the driveway must be marked in the filed and reviewed by the Town Planner. b) All erosion control devices must be in place as shown on the plan.. c) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. d) Tree clearing must be kept to a minimum. The area to be cleared must be reviewed by the Town Planner. e) A performance guarantee of five thousand($5,000)dollars in the form of a check made out to the Town of North Andover must be in 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 FORM U verification: a) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway must be recorded with the registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 4. Prior to Certificate of Occupancy issuance a) The Applicant shall place a stone bollard at the entry to the common drive off of the Andover By-pass(Rt 125). 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"x8"x 72". The stone shall have 48' exposed and 24' buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for purposes of public safety. b) The new dwelling on Lot 2M shall have a residential fire sprinkler system installed as required by the North Andover Fire Department. 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. i 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 the 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 �,/Q�8 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Lot 1M&2M Andover Bypass-Access PA�1II �G 8D80 J T0 ��}� t TWN OF NORTH AND04ERtjORTHAt°l''°`' ' R Any appeal shall be filec{� H A s AC g US ETT s within (20) days after the date of filing of this Notice in the Office of the Town '? �n ySS�cwuSE� 'D'p'C� a�saS►'cp'�'; NOTICE OF DECISION tF Date . August 26, 1996 - Date of Hearing Aug 6, Aub, 20: 1996 Hillside Realty Corp. Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1remises affected , Land & bungs,numbered, 9� .And4vex. Sy.bass• . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 4.125 for a modification to the special of the Aexmit. issued.for.Meadow©od•l;rI 8/24/95 allow the creation of three additional lots fronting on Route 125 so as to xPtertmik . . . . . . . . Andover By-pass . . the Plannin` BSo d ' d A ft er a ubli ' given on the above-date,",' g . CONDITIONALLY p 1a '�iQ�IF. , • . : .the .SPECIAL PERMIT MODIFICATION , , • x. -. r• -- a based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner I Health Sanitarian sided Assessors Police Chief Joseph V. `MahoneX.. Chairman_ Fire Chief Applicant Richard Rowen.Vice. Chairman , Engineer File Alison Lescarbeau:Clerk , interested Parties Richard .. . . ... . , John Simons . . . . . . . . . . . . . . .Planning Board August 26, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Modification to Special Permit - Meadowood III Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, August 6, 1996 at 7:30 p.m, in the Senior Center behind the Town Building, on the application of James Demetri, 733 Turnpike Street, Suite 311, No. Andover, MA 01845 for a special permit under Section 4 . 125 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on July 17 and July 24, 1996 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau and Richard Nardella. The petitioner was requesting a special permit to allow the creation of three additional lots fronting on Route 125 (Andover By-.pass) . Ms. Lescarbeau read the legal notice to open the public hearing. Jim Demetri was present and stated that the application is for three lots all fronting on Rt. 125 with one common drive servicing two homes. The Gallant home will remain and two new homes will be built that will use the common drive. Ms. Colwell stated that there were no comments from Town staff, and the common drive alleviates the need for another curb cut. The applicant has applied for a common drive and access permits and will be on the August 20th agenda for these items . Due to this, the Meadowood III - Subdivision/R-6 modification is continued until that meeting. The North Andover Planning Board held a regular meeting on August 20, 1996. The following members were present: Joseph V. Mahoney, 1 Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons. 191 Andover By-pass (Meadowood III) Common Drive and Access and Meadowood III - Subdivision/R-6 Modification Ms. Lescarbeau read the legal notices to open the public hearings on the common drive and access. The subdivi-sionlR-6 Modification public hearing was opened at the August 6, 1996 meeting. Because the property is all in the same location, it makes sense to speak of this all together. Steve Stapinski was present and stated the proposed plan is for a common drive for lot 2M and access over lot 2M to lot 1M. Mr. Nardella asked if this was wetland and Mr. Stapinski replied in the affirmative. Mr. Simons questioned how this could be a modification when it was never in the original subdivision. Ms . Colwell stated that she understands Mr. Simons concerns, but Town Counsel stated that a land can be added to an existing subdivision either by modifying the original or by filing a new plan. In this case, because there is a 3 acre minimum in the R-6 zone and this property does not contain 3 acres it must be considered as a modification. Mr. Angles and Ms. Lescarbeau both stated that this plan is a vast improvement over the plan submitted a few months ago. Ms. Colwell stated that the Board did, in fact, review a plan for 4 lots and at that time directed the applicant to return with a 3 lot plan. The Board set the site opening bond for the Common Drive at $5, 000. The Board set the site opening bond for Access at $5, 000. On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to close the public hearings on: 191 Andover By-pass (Meadowood III) Common Drive and 191 Andover By-pass (Meadowood III) Access and Meadowood III - Subdivision/R-6 modification On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted as follows to approve the draft decisions for: 191 Andover By-pass (Meadowood III) Common Drive and 191 Andover By-pass (Meadowood III) Access 2 and Meadowood III - Subdivision/R-6 modification Mr. Mahoney yes Mr. Angles yes Mr. Nardella yes Ms. Lescarbeau yes Mr. Simons abstained Attached are the conditions. Sincerely, /of;4C Joseph V. Mahoney, Chairman North Andover Planning Board 3 , y Meadowood III- Modification Special Permit R-6 Zoning District The Planning Board herein approves this modification to the Special Permit issued on August 24, 1994 which allowed the construction of 27 single family homes on 5,000 square foot lots in the R- 6 Zone. This modification allows the creation of an additional 3'lots (1M, 2M, and 3M)with frontage on the Andover By-pass(Rt. 125). No new roads will be constructed. This modification was requested by Hillside Realty Corp., 733 Turnpike Street, Suite 311,North Andover, MA 01845, dated July 10, 1996 in the R-6 Zone. This modification does not supersede but is in addition to the Special Permit issued for Meadowood III on August 24, 1995. FINDINGS OF FACT: The Planning Board makes the following findings as required by Section 10.31 of the Zoning Bylaw: 1. The specific site is an appropriate location for 5,000 square foot lots as it is zoned R-6 and is adjacent to a subdivision with similar lot sizes. The creation of these lots is part of the overall master plan for the R-6 Zone. 2. The use as developed will not adversely affect the neighborhood as the site is adjacent to similarly sized lots. 3. There will be no nuisance or serious hazard to vehicles or pedestrians as there will be only two curb cuts onto the Andover By-pass. In addition to this special permit, a common driveway permit will be issued. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board also makes the specific finding that this use is in harmony with the general purpose and intent if the Zoning Bylaw. The development is sufficiently advantageous to the Town and promotes the public welfare, safety, and general welfare of the citizens of the Town of North Andover. In particular the Planning Board finds that this project will: 1. Permit greater flexibility and more diverse efficient, and economical design of residential developments; 2. Facilitate economical and efficient provision of utilities; 3. Meet the Town's housing needs by promoting different types of housing which is a benefit to the residents of North Andover; 1 4. Conform to the overall intent of the R-6 Zoning District concerning the lot design, road layout and other site features. Finally the Board finds that this site complies with the Zoning Bylaw requirements so long as the following additional conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the project as specified in the Special permit application, the Planning Board herein grants this approval provided the following conditions are met: 1. Prior to any work on site, the applicant must inform the Town Planner prior to any tree clearing. Any tree clearing shall be kept to a minimum throughout the,project to minimize erosion and preserve the natural feature of the site. 2. Prior to FORM U verification for an individual lot, a) Lots 1M, and 2M require a special permit form the Planning Board for access other than over the legal frontage and access via common driveway. A special permit must be obtained, recorded with the Registry of Deeds, and a certified copy of the recorded decision received by the Planning Office prior to issuance of a building permit for these lots. 3. Prior to Certificate of Occupancy being issued for an individual lot: a) Roof drains and leach pits must be constructed as shown on the plan and reviewed by the Town Planner and the Division of Public Works. b) The site shall be continuously reviewed by the Planning Board and Staff. Any additional screening as may be required by the Planning Board shall be added at the applicant's expense. c) All disturbed areas on the lot in question must be stabilized. d) All site amenities associated with the lot in question shall be installed. (i.e. fences, landscaping, walkways and driveways) e) The lot must be raked, loamed and seeded, sodded, or mulched if weather conditions do not permit seeding or.sodding. 4. Prior to the final release of security, all conditions of this decision and the subdivision decision must be complete. 5. A complete set of signed plans, a copy of the Planning Board decision and a copy of the Conservation Commission Order of Conditions must be on file at the Division of Public Works prior to the issuance of permits for connection to utilities. 6. The applicant shall adhere to the following requirements of the Fire Department: 2 a) All proposed structures are to contain residential fire sprinkler systems in conformance with the North Andover Fire Department. 7. Any action by a Town Board or Commission or Department which requires changes in the roadway alignment drainage facilities, grading or no-cut fines may subject this decision to a modification by the Planning Board. 8. 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: 9. All construction shall commence within two (2)years from the date of this approval, A_ aa. and shall be completed within five(5)years from the date of this approval ,S1aR.a 2�0 0` If construction has not commenced or been completed in this time frame, this decision will be automatically rescinded: 10. This Special permit approval is based upon a Definitive Subdivision Conditional Approval Modification. The Special Permit and Definitive Subdivision approvals are both based upon the following information. Plans: Modification to the Special permit and Definitive Plan Meadowood III North Andover, Mass Owner& Developer: Need to change from Quest to Hillside Realty Trust Scale: I' =40' Date: June 10, 1996 Prepared by: Merrimack engineering Services, Inc. 66 Park Street Andover,Massachusetts 01810 Sheets: l through 4 cc. Applicant Assessor Building Inspector Conservation Administrator Director of Public Works Engineer File Fire Chief Health Administrator Police Chief 3 JOYCE BRAD AW TOWN CLERK NORTH ANDOVER TO OF NORTH ANDOVER MASSACHUSETTS JUL 3-11 P t PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: Quest Corporation Addre7s� Turnpike Street, Suite 311 • North Andover, MA 01845 1. Application is hereby made 4.125 26(5) (a) For a Special Permit under Section Paragraph of the Zoning Bylaw. 2. (a) Premises affected are land X and buildings X numbered 191AndoverBy-Pass (b) Premises affected are property with frontage on the North South East West X side of AndoverBy-Pass Street, known as No. 191 Andover By-Pass Street. (c) Premises affected are in Zoning District R- 6 ; ar-I the premises affected have an area of 39.744 S.F. and frontage.. of 344.79 feet. 3 . Ownership: (a) Name and-Address of owner (if joint ownership, give all names) : Winifred Gallant, 191 Andover Ev-Pass 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: 36' + front: 36' + feet deep Height: 2 stories: 161 - feet. (a) Approximate date of erection upon all approvals (b) Occupancy or use (of each floor) (c) Type of construction 5. Size of Existing Building: 40 feet front: 28 feet deep Height: � stories �b feet. (a) Approximate roximate date of erection (b) Occupancy or use (of each floor) t 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? Yes If so, when October 13, 1995 7. Description of purpose for which Special Permit is sought on this petition: Create R-6 Single Family Rijbd;visinn 150 8. Deed recorded in the Registry of Deeds in Book ??41 Page 287 or Land Court Certificate No.` Book Paga - 9. The principal points upon which I base may applicacion are as follows: (must be stated in detail) .' Area is surrounded by high density residential development Proposed use is in conformance with existing land use and w; 1 l 'nnt AP riAfr;Men l to the surrounding urea rnpogwi ,rarer is in nonfnrmann-P w; i-h the Town Master Plan. I agree to pay for advertising in newsp er and postage fee for mailing legal notices to "Pa=tie in _In es VV VU V__) (Petiti er!s Signature) James Demetri 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 See Attached a d List Add additional sheets if necessary Any question should be directed to the Planning Office • /l� ✓. to W. • I • f •!� _ PA 777 M rAl VV — AW r MOM IM _mm ✓ . �t✓ i�I!�i7/ may L -17 MMI �O �m JOYCE RRAUAW FORM c TOWN CLERK NORTH ANDOVER APPLICATION FOR APPROVAL OF DEFINITIVE PLAN JULIO 348 PO 'S MODIFICATION June 20; _ 1996 To the Planning Board of the Town of North Andover: The underoigned, being the applicant as defined under Chapter 41, Section 81-L, for approval of a proposed subdivision shown on a plan entitled Modification to the Special Permit and Definitive Plan, Meadowood III by Merrimack Engineering Services, Inc. dated June 10, 1996 being land bounded as follows: WesterlX by the Andover By-Pass, northerly and easterly by Meadowood III Subdivision and southerly by land of Willow Tree Realty 'Trust. hereby, submits said plan as a DEFINITIVE 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. 232 150 Title Reference: North Essex Deeds, Book1191 • Page _2,s7; or Certificate of Title No.' , Registration Book , page ; or Other: Said plan has( ) has not(X) evolved From a preliminary plan submitted to the Board of 19 and approved (with modifications) ( ) disapproved on , 19 . 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 Surveyyor, the Board :of Health, and all general as well as zoning by la*3 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 same. 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 heirst 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: SkIghature of Applicant James Demetri -733 Turnpike Street, Suite 311 Time: - Signature: North Andover, MA 01845 Address . i Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Def iAtive ,Subdivisi.on Plan entitled: A nodi f i cwt i nn t n t_h��ne�ia _ Permit and Definitive Plan MeadowoodMA III By: Merrimack Engineering Services, dated June 20 7 19 96 Y Inc. 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 wasps and the installation of municipal services within said sub- divisions all as provided by G.L. c. 41r 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 conserrt of said Board of Health. 4• Other conditions: i In the event that no appeal shall have been taken from said approval within twenty days from this dates the North Andover Planning Board will forthwith thereafter endorse its formal approval- upon said plan. The North Andover Planning Board has DISAPPROVED said plant for the following reasons: NORTH ANDOVER PLANKING BOARD Dato: By: l JOYCE DRADSNAW TOWN CLERK NORTH ANDOVER TOWN OF NORTH ANDOVER UL 19 348 N A MASSACHUSETTS PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: Hillside Realty Corp. Addrej7s Turnpike Street, Suite 311 North Andover, MA 01845 1. Application is hereby made 4 . 125 26( 5) ,,- (a) 6( 5) ,(a) For a Special Permit under Section Paragraph of the Zoning Bylaw. 2 . (a) Premises affected are land X and buildings X numbered 191 Andover By-Pass (b) Premises affected are property with frontage on ; the North South East West X side of AnSlover.-By-Pass _ Street, known as No. 191 Andover By-Pass Street. (c) Premises affected are in Zoning District R- 6 ; ��' � the premises affected have an, area of 39 ,744 S.F. and frontage of 344.79 feet- 3 . Ownership: (a) Name and Address of owner (if joint ownership, give all names) : Winifred Gallant, 191 Andoygx Rv- ss __ 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: 36' + front: 36 ' + feet deep Height: 2 stories: 16 '__ feet. (a) Approximate date of erection upon all approvals _ (b) occupancy or use (of each floor) (c) Type ofconstruction 5 . Size of Existing Building: 40 feet front: 28 feet deep Height.: 1 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 PlanningBoard on these premises? Yes If so, when October 13, 1995 7 . Description of purpose for which Special Permit is sought on this petition: Create R-6 Si >>hdiyi Si nn 50 Deed recorded in the Registry of Deeds in Book1Page 287 8 . De Book _ Pagz or Land Court Certificate No.- - 9 . The principal points upon which I base may application are as follows: (must be stated in detail) . Area is surrounded by high density residentialdevelopment Proposed use is in conformance with existing l and_�1sP and to the surroun ing are ronis i n cnnfn -man cme w, th_ the Town Master Plan. I agree to pay for advertising in newsp per and postage fee for mailing legal notices to "Partied in Inres (Petiti er' s nature) James Demetri Every application for action by the Board shall be made on a fore approved by the Board. These forms shall be furnished by th 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 wof the ay and abutters to the abutters within three hundred (300) feet 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 a NAMES ADDRESS See Attached List Add additional sheets if necessary Any question should be directed to the planning Office � t � Ilia,• MET EMPOT FA O� RECE IV L JOYCE BRAD-HAW Hillside Realty Corp. NOR H ANDOVER JUL 10 3 48 hone(508)664-3674 Fax(508)664-8415 733 Turnpike St. Suite#311 N.Andover,MA 01845 July 9, 1996 Kathleen Bradley-Colwell Town of North Andover Planning Board 120 Main St. North Andover, MA 01845 RE: APPLICANT NAME CHANGE Dear Kathleen, As we discussed, I am requesting that the previous applications submitted by Quest Corporation(received by the Town Clerk on July 2, 1996 at 3:11 p.m.)be withdrawn. I am resubmitting the same applications under the applicant of Hillside Realty Corp. Enclosed are the revised applications. Thank you for your time. Please call me if you have any questions. Sincerely, /JamesP. Demetri file: c:\mwapplic.wps RECEIVED FORM C JOYCE BRADS AW TOWN CLERK APPLICATION FOR APPROVAL OF DEFINT:i'IP.S PLAN NORTH ANDOVER MODIFICATION JUL 2 3 i1 N, '96 June_20 199,6 , To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 43.9 Section 81-.9 for approval of a proposed subdivision shote on a plan entitled Modification to the Special Permit and DefinitivePlan, Meadowood III by Merrimack Engineering Services,.- Inc. dated June 10, 1996 being land bounded as follows: _Westerly by the Andover By-Pass, northerly and easterly by Meadowood. III Subdivision and southerly by land of Willow Tree Realty Trust. hereby submits said plan as a< DEF"INITIVIS platy in accordance Wd th the Bines and Regulations of the North Andover Platw4h Board and makes application to the Board for approval of said plan. 232 150 Title Reference: North Essex Deeds, Book11�, Page _2,g7; or Certificate of Title No. Registration Hook:,,, paged; or Other: Said plan has( } has not(X) evolved .froa a preliminary plan submitted to the Board of 19 and approved (with modifications) ( } disapproved ( on : 19 The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof Thereby 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 m d DSFINITIVB plan by the Board: 1. To install.utilities in accordance with the rales and regulations of the Planning Board, the Public storks Department, the Highway Surveyor, the Board:of Health, and all general as well as waning by-lams of said Tom, as are applicable to the iastallatios of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvenents shown thereon in accordance with Sections Ir and V of the Rules and Regulations of the Planning Board and the approved DWINITIVB plan, profiles and cross sections of the same. Said plant 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, ezecutors, slehid nistrators, 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 Clerks Si of Applicant Date: 1�• James. Demetri Time: 733 Turnpike Street, Suite 311 - Signature: North Andover MMA_01845 _ Address I Notice to APPLICANT V6 CLEM and Certification of Action of Planning Board on Definitive Subdi*ion Plan entitled: A mnd i f i ea t i nn t-n t hP Spec,i a 1 Permit_ and Definitive" Plan, Meadowood III . 1n_ AndQ.UPr, Mme_ . Merrimack Engineering Services, dated June 20 9 1996 Inc. * * a► * e' a The North Andover Planning Board has'-voted to APPRO'V'E 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- divisiont all as provided by G.L. c. 411p S. 81-U. 2. That all such construction and installations shallin all respects conform to the governing rules and regulations of this Board. 3. Thato as required by the North Andover Board of Health in its report to tA3 Board, no building or other structure shill be built or placed upon Lots Na. as shown:on said Plan without the prior consent of said Board of Health. 4. Other aanditionst r In the event that no a shall have been taken from said within appeal approval twenty days from this dates the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. * e �r � * �► * * a * ee * eee �te * a- * * e * * e * * * m * * * * * e * * The North Andover Planning Board -has DISAPPROVED said plans for the following reasons: NORTH ANDOVER PIANNIM BOARD Date: By: _