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Home My WebLink AboutMiscellaneous - 1675 GREAT POND ROAD 4/30/2018 i �i i ., ,- ��j ��I p � 1� 7 5_ �� Q�� Any appeal shall be filed DAtdl�l.'ui7i�Q I, lJ 1J lJ II within (20) days after the TO'.'�id �' �i�. date of filing�of this Notice NORTE, f'tW00YER TOWN OF NOR7' 1I AN .DOV.1, R in the Office of the Town MAY �Q Clerk. :- -�—" ,IOHTH f 3� 0" •eti0 O IS TA NOTICE OF DECISION Date.May 20:1985. . . . . . . . . . . . . Date of hearing . , April 22; 1985 Petition of Joseph and Jennifer Sobel and Kenneth DaFar Premises affected Lot 14, Great Pond Road Referring to the above petition for a special perm t From the requirements of the Zoning Bylaw, Section 2. 75 Driveways so as to permit . . , . ;a: common driveway . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public .gearing given on the above date, the Planning Board voted to Grant . . . . . . . . .t ie . . . . Special Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r based upon the following conditions : see z-ttached a Signed Michel P. ROberf$ Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Paul X. Hedstrom, Vice Chairman . ,nn X. James,Jr. ,Clerk . " • . .John J . Burke • . •• • • . . • • . . Erich W. N itzsche 1l'1 tt�1�lnI, 1 oard DAME fLOIG P�Q�h � hG 80��0 TCIYHPfi.�:�:'rluC+ti I � TOWN OF NORTH ANDOVER 'NORTH �, ER MASSACHUSETTS MAY Z8 101z M `85 04 • =e"r ,SSACHO* May 20, 1985 Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Re : Sobel and Daher/Lot 14 Great.Pond Road Common Driveway Special Permit i e y pe e Dear Mr. Long The North Andovek Dlanning Board held a public hearing on Monday evening, April 22, 1985, in the l wr ?ffice Meeting Room upon the application of Joseph and Jennifer Sobel and "en_.eth Daher. Th hearing e w as advertised in the North Andover Citizen on Apri: 4 and 11, 1985. The following members were present : Michael P. Roberts, Chz ,-man; Paul A. Hedstrom, Vice Chairman; John A. James, Jr. , Clerk; Erich W. Nitzsch. and John J. Burke. The petitioner seeks 3 Special Permit under Section 2. 75 Driveways of the North Andover Zoning E flaw, which requires a Special Permit for driveways servicing more than one ,'ot. The premises is known as Lot 14 Great Pond Road, located on the south aide of said road. The lot is situated in the 'Residential 2 (R-2) and Watershed Zoning Districts. Said lot possesses 2.0 +. acres of land area, with 150 feet of frontage on Great Pond Road. At the hearing, Attorney Joseph Fitzgibbons, the applicants representative presented the proposed plans and informed the Board of the following : - In order to gain access to Lot 14, the petitioner must use the existing access at 1689 Great Pond Road. Previously the applicant was denied the single access onto Lot 14 by the Board of Appeals under Section 4. 133(c) 'no cut' within 150 feet to Lake Cochichewick. Therefore, the petitioner would like to construct a small access off of the existing drive of Sobel's, making it a common drive. -It is the intent of the applicant to leave: the area undisturbed 150 feet from the Lake, and grade a small portion.-of land within the 250 foot 'limitation. -Staked -haybales shall'be provided and continually monitored during construction. The Planning Board . am' Aed the applicant that this Common Driveway is subject to a Special Permit for c ns,ruction within 250 feet of the Lake. The following member ; were present and voting at the May 20, 1985 meeting when the Board rendered thei decision : Michael P. Roberts,Chairman; Paul A. Hedstrom, ;.Vice Chairman; John J . . ames,Jr. ,Clerk; John J. Burke; Erich W. Nitzsche. I if II Sobel and Daher/Lot 1•; f�ECEIVF"[; Common Driveway Speen' Pr mit DANIrl. !.ONG Page 2. r0'VIN i,I.!"(�K NORM') CVER Upon a MOTION made by Mr. Nitzsche h4ecoWc"AY.Iair.qWY Burke the Board voted, to grant the petition for a Special Permit to allow for a Common Driveway and ararove the PLAN of Land in North Andover for Kenneth Daher, dated January 1S35, revised. March 1985, and March 14, 1985; ,BY Stowers Associates, Inc. , Registe, ed Land Surveyors, Methuen, MA for Lot 14 Great Pond Road. Subject to the following : 1. Only the proposed work as shown on the plan entitled Plan of Land in North Andover, - --Ma. surveyed for Kenneth Daher, dated January 1985,rev.March 1985 and March 14, 1985 is allowed under this permit. Any minor changes meeting the intent of said plan and determined to have lesser impact on the Watershed must be approved by the Planning Board prior to implementation in the field. 2. Construction shall coincide with the following measures, but not limited to : ---- ------ a. Prevent the removal of soils from the property; b. Provide temporary siltation and erosion control in the form of a silt fence and or staked hay bL..e-,; to be monitored and maintained; c. Provide permane, + siltation control in the form of loam and seed or bark mulch d. Prevent the use o ' fertilizer on the grassed areas, e. No road salts shal be used on the driveway. 3. An as-built plan shall be submitted at.the time of completion. 4. The applicant is subic A to Section 4. 133(d) of the North Andover Zoning. Bylaw .which requires a Spec'al Permit to construct within 250 feet of Lake Cochichewick. This Permit is subject to the. North Andover Zoning Board of Appeals. No constr- uction shall take place until approval is received. 5. A maintenance agreement running in perpetuity with the land shall be submitted to the Planning Board for review and approval prior to construction and recorded at the Registry of Deeds (said property deeds shall refer to the agreement and easement) . 6. No more than these two (2) lots shall commonly share the driveway. 7. Construction shall be completed no "later than September 1, 1985. 8. 1689 and lot 14 Great Pond Road shall have a driveway easement shown on plan. Said driveway easement to be incorporated into both deeds in suitable form to be reviewed by Planning Board and To,, i Counsel. In granting this Special '3er it, the Planning Board finds, pursuant to Section 10. 31 - Conditions for Approval #f Special Permits of the Zoning B law. that the following pp p 9 Y 9 - conditions are met : i Sobel and Daher/Lot„14 Common Driveway Special Permit Page 3. a. Lot 14 Great Pond Road is the appropriate location to permit a common driveway due to the fact that the Board of Appeals denied permission to access from their legal frontage.; b. The use of a common driveway for gaining access to a single family dwelling - -- -in the Watershed District will minimize any impacts since the no cut buffer zone will be undisturbed; c. Their will be no nuisance or serious hazard to vehicles or pedestrians due to the elimination of a sacond driveway curbcut; d. Adequate and ;opropriate facilities will be provided for the proper operation of the proposed use ': as provided by the maintenance agreement) ; e. Based on site vis�ts, rhe public hearing process, and review and input by town boards and depi rtments, the driveway use is considered to be in harmony with the general purr ose and intent of the North Andover Zoning Bylaw. Sincerely, G PLANNING BOARD Michael P. Roberts, Chairman MPR/kn cc : DEQE Fire Chief Highway Public Works Conservation Police Board Of Health Building Dept. Appeals Applicant Engineer File f S 58 � IBX �3��tx11'� {;laON ��i� I1 tdfA01 911G1 '13��a a:;&13 . i Any appeal shall be filed FtECCIM within (20) days after the DANIEL LONG. date of filin of this Notice TOWj CLARK TOWN ( C N O li T H A N D�O v E R in the Office of the Town NORT8-�,N DOVER M :. S S A C H U S E T T S Y /]R 1 (t a Clerk. --- MA {.V 1 I 49 AN, 1R1/�� NOHTN - --- o � y F p / So co NOTICE OF DECISION __..__..:_..__ .. May 20, 1985 . Date. . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Hearing Manch .18,. .1.9.85 . Petition} of. ,Kenneth Daher. . .85.Swan. St. Methuen, MA. . . . . . . . . . . . : . . . . . . : . Premises affected , , , . , Lot. 14, .Great. . . . . .Pond. . .Road . . . , i G Referring to the above petition for a special permit from the requirements of the . . . , , , , the Zoning Bylaw, .Section. 4...133.(d.). , . . . . . . . . . . . . . . so as to permit . .t .e: ,nstruction.of a, . . .driveway within250feetof. Lake,Cochichewick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . After a public he: ^ing given on the above date, the Planning Board voted i to ,DISMISS . . . . . , . 1e SPECIAL PERMIT WITHOUT PREJUDICE 3^ , based upon the following conditions: See attached I Signed i Michael P. Roberts, ,Chairman Paul A. Hedstrom; Vice Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' John A. James,Jr. , Clerk . . . . . . . . . . . . . . • . . . Erich W. Nitzsche . . . . . . . . John J. Burke . . . . . . . .hlrinnin Boar( . . . . . . . . .�- ~ a PbQ�HIhG BOA80 RECEIVED . ANlti_ �.CFrc T "1I) T OWN OF NORTH ANDOVER NORTH1i14V T%R MASSACHUSETTS MAY 20 149 AM '8S NORTH O � A I 9S*1 CNUS1. May 20, 1985 Mr. Daniel Long, Town Uerk Town Office Building North Andover, MA 01845- Re : 1845Re : Daher/Lot 14, Great Pond Road Special Permit Watershed District - Section 4. 133(d) The North Andover Planning Board held a public hearing on Monday evening, March 18, 1985, in the Town Office Meeting Room upon the application of Kenneth Daher, 85 Swan Street, Methuen, Ma. . The hearing was advertised in the North Andover Citizen on February 21 and. 28, 1985. The following members of the Planning Board were present : Paul A. Hedstrom, Chairman; Michael P. Roberts, ViceGhairman; Erich W. :.itzsche; John. A. James, Jr.., Clerk; John •J . Burke; The petitioner seeks Special Permit under Section 4. 133(d) of the North Andover Zoning Bylaw, which requir. s a Special Permit to allow construction to occur 250 feet horizontally from the am jai mean high water mark of Lake Cochichewick. The premises is known as Lot 14 Great. Pond Road, located on the south side of said road. The lot is both situated in the R� sidential 2 and Watershed Zoning Districts. Said lot possesses 2+ acres of Ian t area and 150 feet of street,fronta a on Great Pond Road. � 9 At the hearing Attorn ,y Fitztgibbons, the applicants representative presented the proposed plans for drive gay construction. A plan was presented to the Board of Appeals showing a single driveway access from Great Pond Road, however this was denied under section 4-133(c) of the Zoning Bylaw. This proposal reflects the required changes, in order to minumize any disruption to the buffer zone. The hearing was continued to April -22, 1985 when the board held a public hearing for the adjoining parcel affected by this petition. The Planning Board took the matter under advisement and closed all of the hearings pertaining to Mr. Daher. In accordance with Massachusetts General Laws, Chapter 40A, Section 6, the Special Permit emit must be 'issued (prior to the first publication on the change proposed toth e zoning ordinance) so as not to be effected ,by a change in the zoning ordinance or bylaw' Therefore, this Special Permit was not issued prior to publication and is controlled by the changes enacted at the 1985 Annual Town Meeting. Thus, the Board of Appeals will acquire jurisdiction on such lots and will act on Special 1Permit requests during the � moratorium. i , Daher Special Permit Lot 14 Great Pond Road Page 2. The following members were present and voting at the May 20, 1985 meeting when the Board made the follcwing motion on the petition : Michael P. Roberts, Chairman; Paul A. Hedsirom,Vice k:hairman; John A. James,Jr. , Clerk; John J. Burke; Erich W. Nit zsche. Upon a motion made by Mr. Nitzscheand seconded by Mr. James the Board voted to DISMISS THE APPLICATION OF KENNETH DAHER WITHOUT PREJUDICE FOR WANT OF JURISDICTION. Sincerely, y, PLANNING BOAR Michael P. Roberts, Chairman ' MPR/kn cc DEQE Fire Chief Highway i/ Conservation Public Works Pol ice\/ Board of Health - Building Dept. Appeals ✓ / Applicant ✓ Attorney File I i