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HomeMy WebLinkAboutMiscellaneous - 114 BOSTON STREET 4/30/2018 (4) I BOSTON STREET J 210/107.B-0025-0000.0 P�A8� 1 �6 8�A8� .►r,�6 .A Any appeal shall be filed Tow"i " � within (20) days after thio MASSACHUSETTS W N O F NORTH A N D O V E R NORTH AN" date of filing of this Notice j 1n the Office of the Town Cf "O o';�a Cleric. 3r 0 o A 9SS',C MuSE� Any appeal shall be filed within (20) days after the NOTICE OF DECISION nate of filing of this notice iin th.-? .'�iffl(,;e Of the Town June 22, 1995 ., Date. Date of Hearing June 6, June 20 1995 Donald F. Johnston Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected Lot, 5 and Lot 6.Boston Street Referring to the above petition for a special permit from the requirements of the . . . . North Andover Zoning Bylaw Section. .7..2. .Paragraph. . . . . . . .1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . allow access to Lot 6 Boston Street over Lot 5 Boston Street o as to 7&?P:vzi-k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _-after a public hearing given on the above date. the Planning Board voted conditionally to aPLrove . . . . . . . . .the . A]P9Q1A4 .P91iWz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CC: Director of Public works based upon the following conditions : Building Inspector Natural Resource/Land Use Planner i Health Sanitarian Assessors Signed � 1 Police Chief Fire Chief Joseph MahGoney, Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant Alison Lescarbeau, Clerk Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . File Interested Parties John Simons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alberto Angles, Associate Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PlSnning' • Board• . . • • . . Lot 6 Boston Street special Permit Approval - Access other than over legal frontage The Planning Board makes the following findings regarding the application of Donald F. Johnston, 114 Boston Street , North Andover, MA 01845, dated May 12, 1995, requesting a Special Permit under Section 7 . 2 . 1 of the North Andover Zoning Bylaw to allow access to Lot 6 other than over its legal frontage. This decision hereby allows the applicant to access the property located at Lot 6 Boston Street across property located at Lot 5 Boston Street as shown on the Plan referenced in Condition 1. FINDINGS OF FACT: The Planning Board finds that due to the presence of wetlands between the street frontage and the buildable portion of the lot and the fact that if the Planning Board did not grant this special permit, wetlands would be filled, access to Lot 6 across Lot 5 is appropriate. The Planning Board makes the following findings as required by Section 10. 31 of the Zoning Bylaw: 1. The specific location of the driveway is appropriate due to the presence of wetlands between the street frontage and the buildable portion of the property; 2 . The design and location will not adversely affect the neighborhood; 3 . . There will be no nuisance or serious hazard to vehicles or pedestrians; 4 . Adequate standards have been placed on the design which will meet public health and safety concerns; 5. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application before us. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1. This decision must be filed with the North Essex Registry of Deeds. Included as part of this decision is the following plan: Plan titled: Special Permit & Notice of Intent Plan of Land in No. Andover, MA Prepared for: Donald F. Johnston Scale: 1" = 40 ' Date: 2/9/95 Prepared by: Scott L. Giles, R.P.L.S. No. Andover, MA Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 2 . Prior to any work on site: a. The location of the driveway must be marked in the field and reviewed by the Town Planner. The pavement width of the individual driveway must be twelve (12) feet in order to accommodate public safety vehicles. b. All erosion control devices must be in place as shown on the plan and the site disturbance must follow the construction sequence as outlined on the approved plan. c.� The decision of the Planning Board must be recorded at the Registry of Deeds and a copy of the recorded decision filed with the Planning Office. d. Tree clearing must be kept to a minimum. e. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Department of Public Works. 3 . Prior to FORM U verification (Building Permit issuance) for 7theroposed dwelling, Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be recorded with the Registry of Deeds Office and a copy of the recorded document filed with the Planning Office. b. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Department of Public Works. 4 . Prior to a certificate of Occupancy being issued for either dwelling, a. The proposed dwellings must have residential fire sprinkler systems installed in accordance with the provisions of Standard 13D, N.F.P.A. . b. All slopes must be stabilized and reviewed by the Town Planner. 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 6. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. I 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8 . No underground fuel storage shall be installed except as may be allowed by Town Regulations. i 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 7'0,y /997 . cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File Boston.access LATHAM AND LATHAM, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867-3096 KENNETH C. LATHAM, OF COUNSEL AREA CODE 617 O. BRADLEY LATHAM TELEPHONE: 944-0505 DAVID J. LATHAM TELECOPIER: 944-7079 WILLIAM C. WAGNER, OF COUNSEL December 9, 1996 SHEILAH A. GRIFFIN Kathleen Bradley Colwell, Town Planner Town of North Andover 146 Main Street ) , North Andover, MA 01845 FAX: 508-688-9542 RE: LOTS 5 AND 6 BOSTON STREET, NORTH ANDOVER; DONALD F. JOHNSTON & CO, INC. Dear Kathleen: We understand that you are looking for certain information regarding the property. Consistent with your request, we enclose the following: 1. Recorded notices of decisions with reference to common driveway and access over lot 5; 2. Common driveway and access easement grant. Our client will deliver the bond to you directly. Would you please advise us immediately if you have any concerns or if you believe any changes are required as to the common driveway easement. Sincerely yours, LAZdleatham AM, P.C. O. OBL:pp cc: Donna Johnston obl27:pp:johnston CONVEYANCE OF EASEMENT DONALD F. JOHNSTON& CO. INC., of 114 Boston Street, North Andover, MA for consideration paid, and in full consideration of One Dollar ($1.00) grant to the DONALD F. I JOHNSTON& CO. INC. a Massachusetts corporation with a place of business at 114 Boston Street, North Andover, MA with quitclaim covenants, an easement for vehicular and pedestrian access from Boston Street to lot 6 over lot 5 in the area marked "20' WIDE PROPOSED DRIVEWAY EASEMENT" as shown on a plan entitled "Plan of Land located in No. Andover, MA for the Estate of Joseph H. and Annie W. Houghton, scale 1" =40', Date: 10/6/94; revised 3/2/95, Scott L. Giles, R.P. L. S., No. Andover, MA," which Plan is recorded with the Essex County (Northern District)Registry of Deeds as Plan#12758. Said easement will be used in common with the owners of lot 5. The owners of lot 6 shall use the easement area at that owners sole risk. This easement is granted for the benefit of lot 6 as shown on the above-referenced plan. No vehicle shall be parked within the easement area and there shall be no obstruction of free passage of the easement area. The owners of lot 5 and 6 agree to share equally the cost of maintaining the driveway within the easement area including but not limited to snow plowing, maintenance and surface repair and replacement. For title reference of Grantor, see deeds recorded at Essex North District Registry of Deeds, at Book 4458, Page 319 and Book 4458, Page 320. IN WITNESS WHEREOF, Donald F. Johnston& Co. Inc., has signed and sealed this document by Donald F. Johnston, its President and Treasurer, on , 1996. DONALD F. JOHNSTON& CO. INC. BY: as President and Treasurer COMMONWEALTH OF MASSACHUSETTS Middlesex, Ss. , 1996 Then personally appeared the above-named Donald F. Johnston as President and Treasurer of Donald F. Johnston & Co., Inc. aforesaid, and acknowledge the foregoing instrument to be his free act and deed on behalf of the corporation, before me. NOTARY PUBLIC MY COMMISSION EXPIRES: OBL:easement:pp:12/09/96 ATTY P. SULLIVAN ax:508-470-1583 Dec 2 'Or 16:49 P.02i13 Any appeal I'll��11�110 011 � r PP shall be f;lprf �0 Ecom TOWN OF NORTH ANDOVER �IAYCE8A C511AW Within (20) days after the Ile Of film iMORr# ANDOYER in the Office of the T°tica >�A s s a c $ U s ETTs Town July Z39 65 bN `95 Clerk, S' nL,is t:)P*rWy tMI tw"4y t2n, 'sy ,SS�CHU$6S1 WItxut tltlrp of ans Joyce A.&xAftlw Tcwn Cferlt NOTICE OF DECISION ATTEST; A Tue Copy Date, June 22, 1995_ T wit Clerk . . . . . .. . . Date of Hearing June 6,.June,20; 1995 ?Q . C11 W Petition of Donald F. Johnston . . . . . . . . . . . . Premises affected Lot 5 and Lot 6 Boston street . •• _ - . • . Referring to the above petition for a special permit from the requirements of the .North Andover Zoning Bylaw section, 2;30 Paragraph. 1. Common Driveway . allow the construction of a common driveway to service Lot 5 . so as to grid1 . . . . . and Lot 6, Boston Street. After a public hearing given on the above date, the Planning Board voted C conditionally «, to . .a,PPAPYA . . . . . . .the AP.QIAL PF.RbLi.T. . . . . . . a CC; Director of public works based upon the following condition-, Z Building Inspector Conservation Administrator Health Sanitarian AF Assessors Signed Police Chief Fire Chief Joseph 1,Yahoney, Chairman Applicant . . . . . .. .. . . . . . .. .. . .. .. Engineer Alison Lescarbeau, Clerk File . . . . . . . . . . .. . . . .. . .. . . . . . .. . . Interested Parties John Simons A72�ert�R tt1A3LeS,.A$SQG�.ara MRn�iex Z o k c '1?lanning B oArd ATTY P. SULLIVAN 7ax:508-470-1583 Dec 2 '91- 16:50 P.04i13 W le The Planning Board held a regular meeting on June 20, 1995. The following members were present: Joseph Mahoney, Chairman, Alison Lescarbeau, Clerk, John Simons and Alberto Angles, Associate Member. Ms. Colwell recommended approving the attached decisions. Air. Simons stated that trees should be replanted between the homes to act as a buffer. On a motion by Mr. Angles, seconded by Mr. Simons, the Board voted unanimously to approve the two special permits. Attached are those conditions. Sincerely, Joseph Mahoney, Chairman North Andover Planning Board • RTTY P. SULLIVAN 7ax:508-470-1583 Dec 2 'Qr- 16:51 P.05/13 4 A4 m�F/c i m{ 0 Lots S and 6 Boston street Special Permit Approval - Common Driveway The Planning Board makes the following findings regarding the application of Donald F. Johnston, 114 Boston Street, North Andover, Ma, dated May 12, 1995, requesting a Special Permit under Section 2.30.1 of the North Andover Zoning Bylaw for the construction of a common driveway to access Lots 5 and 6 Boston Street. FJMINGS OF FACT: 1. The application adheres to the bylaw restriction that no more than two (2) lots be serviced by this common drive. 2 . The specific location of the common driveway is appropriate due the presence of wetlands between the street frontage and the buildable portion of the lot. 3. The design and location will not adversely affect the neighborhood. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. 5. Adequate standards have been placed on the design which will meet public health and safety concerns. 6. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application before us. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the' following conditions: M=kL COND S: 1. This decision must be filed with the North Essex Registry of Deeds. included as part of this decision is the following plan: Plan titled: Special Permit & Notice of Intent Plan of Land in No. Andover, MA Prepared for: Donald F. Johnston Scale: l" = 40' Date: 2/9/95 Prepared by: Scott L. Giles, R.P.L.S. No. Andover, MA Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. ATTY P. SULLIVAN Fax:508-470-1583 Dec 2 '96 16:51 P.06i13 ?is A A j;�'b -11 of 7°J ewe E �«� •.�.i; P� 2. prior to any site disturbance: a. The location of the driveway must be marked in the field and reviewed by the Town Planner. b. All erosion control devices must be in place as shown on the plan and the site disturbance must follow the construction sequence as outlined on the approved plan. C. The decision of the Planning Board must be recorded at the Registry of Deeds and a copy of the recorded decision filed with the Planning Office. d. Tree clearing must be kept to a minimum. The area to be cleared must be reviewed by the Town Planner. e. A performance guarantee of five hundred ($500) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. 3. Prior to FORM U verification for the proposed dwellings, a. Easements pertaining to the rights of access for and agreements pertaining to the maintenance of driveway must be recorded with the Registry of Deeds Office and a copy of the recorded document filed with the Planning Office. b. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Department of Public Works. 4. Prior to a Certificate of Occupancy being issued for either dwelling, a. The Applicant shall place a stone bollard at the entry to the common drive off of Boston Street. This stone bollard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be as follows: 8" x 8" x 72'x. The stone shall have 48" exposed and 24" buried, and all numbering on the stone shall be 410 in height. This condition is placed upon the applicant for the purpose of public safety. b. The proposed dwellings shall have a residential fire sprinkler system installed as required by the North Andover Fire Department. C. If trees cannot be preserved between the homes, an area must be replanted. The area and the extent of the ATTY P. SULLIVAN -Fax:508-470-1583 Dec 2 '96 16:52 P.07/13 i replanting is to be determined in the field by the applicant and the Town Planner. 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 6. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8. No 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, it's employees and all successors and assigns in interest or Control. 10. This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will lapse on 7-(1Nre .72.lP�� . Y cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File Boston.Drive ATTY P. SULLIVAN / ', -ax:508-470-1583 Dec 21,"'C 16:52 P.08/13 4 16 FU "'ft J0)CEBR: E BRA, N� Any appeal shall be filed TOWN CLE`Fi within (20) days after the TOWN OF N O R T S A N D O o E R NORTH{ ANDOVER DSASSACHUSETTS date of filing of this Notice JUN 23 in the Office of the Town Clerk. n k -!!:'Y that Mvity •�'�� od tfofn diets o1 JOYCO A.Brt~dlleaiw� 0' �"' ' Any appeal shall be filed TownC*k within (20) days after the NOTICE of aEc�s�o� date of filing of this Notice in the Office of the Town June 22, 1995 Clerk. Date. .. . . . . . . . . . . . . . . . .. . . . . . . . . Date of Hearing dune. 6, June. 20, 1995 Petition of ,Donald F. •Johnston . . • " . . . . r� Lot 5 and Lot 6 Boston street Premises affected . . .. . . . . . . . . . . . .. . . . . . . . .. . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 7,2 Paragraph 1 of the . . . . . . . . . . .. . . .. .. . . . . . . .. . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . allow access to Lot Boston Street over Lot 5 Boston street sof15 to .. . . . . . . . .. . . . . . . . .. . .. .. . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . .I . . . . . .. . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . r C :after a public hearing given on the above date, the Planning Board voted � conditionally to 4Ppx4Yg. . .. . . . . .the ..5R9q;AL .99PA;T . . . . . . . . . . . . .. . . . . . .. . . . . . . . .. . . . . .. . .. . z " CC: Director of Public works based upon the following conditions: O Building inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Signed Police Chief Joseph Fire Chief ahoney, Chairman Applicant Engineer Alison Lescarbeau, Clerk File . . . . . . . . . . . . . . . InterestedJohn Simons PartieST: .. . . . ... . .. . . A Mue Copy Alberto Angles, Associate Member .. .. . . . .. ... . .. .. . . . . . . .. . . .. . .. 'town M r1. .. .. . .. . . . . . . . '' ' '' 'Planning�Board' ` ATTY P. SULLIVAN7ax:508-470-1583 Dec 2' 16:53 P. 10/13 The following members were present: Joseph Mahoney, Chairman, Alison Lescarbeau, Clerk, John Simons and Alberto Angles, Associate Member. Ms. Colwell recommended approving the attached decisions. Mr. Simons stated that trees should be replanted between the homes i to act as a buffer. On a motion by Mr. Angles, seconded by Mr. Simons, the Board voted unanimously to approve the two special permits. Attached are those conditions. Sincerely,"Oa� 0 oseph Mahoney, Chairman North Andover Planning Board d ATTY P. SULLIVAN / Fax:508-470-1583 Dec 16:53 P. 11/13 Lot 6 Boston street Special Permit Approval - Access other than over legal frontage The Planning Board makes the following findings regarding the application of Donald F. Johnston, 114 Boston Street , North Andover, MA 01845, dated May 12, 1995, requesting a Special Permit under Section 7.2.1 of the North Andover zoning Bylaw to allow access to Lot 6 other than over its legal frontage. This decision hereby allows the applicant to access the property located at Lot 6 Boston Street across property located at Lot 5 Boston Street as shown on the Plan referenced in Condition 1. Film-0—GS Or FACT:- The A TThe Planning Board finds that due to the presence of wetlands between the street frontage and the buildable portion of the lot and the fact that if the Planning Board did not grant this special permit, wetlands would be filled, access to Lot 6 across Lot 5 is appropriate. The Planning Board makes the following findings as required by Section 10.31 of the zoning Bylaw: 1. The specific location of they driveway is appropriate due to the presence of wetlands between the street frontage and the buildable portion of the property; 2. The design and location will not adversely affect the neighborhood; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. Adequate standards have been placed on the design which will meet public health and safety concerns; 5. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application before us. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: 8P CIAL CONDITIONS: 1. This decision must be filed with the North Essex Registry of Deeds. Included as part of this decision is the following plan: Plan titled: Special Permit & Notice of Intent Plan of Land in No. Andover, MA Prepared for: Donald F. Johnston Scale: I" = 40' i ATTY P. SULLIVAN ^ax:508-470-1583 Dec 2-" '� 16:54 P. 12/13 J- , •.f•�, Date: 2/9/95 Prepared by: Scott L. Giles, R.P.L.S. No. Andover, MA Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 2. Prior to any work on site: a. The location of the driveway must be marked in the field and reviewed by the Town Planner. The pavement width of the individual, driveway must be twelve (12) feet in order to accommodate public safety vehicles. b. All erosion control devices must be in place as shown on the plan and the site disturbance must follow the construction sequence as outlined on the approved plan. C. The decision of the Planning Board must be recorded at the Registry of Deeds and a copy of the recorded decision filed with the Planning Office. d. Tree clearing must be kept to a minimum. e. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation commission, and the Department of Public Works. 3. Prior to FORM V verification (Building Permit issuance) for the proposed dwelling, a. Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be recorded with the Registry of Deeds Office and a copy of the recorded document filed with the Planning Office. b. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Department of Public Works. 4. Prior to a Certificate of Occupancy being issued for either dwelling, a. The proposed dwellings must have residential fire sprinkler systems installed i„ .,... vaucallvG uiiL.li WiC provisions of standard 13D, N.F.P.A. . b. All slopes must be stabilized and reviewed by the Town Planner. ATTY P. SULLIVAN i ti Pax:508-470-1583 Dec 2�'�� 16:54 P. 13i13 W 445- . . 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 6. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. I 8. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 9. Therovisions of this conditional approval pproval 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 .TANG 1,7fl . cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File Boston.access