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HomeMy WebLinkAboutMiscellaneous - 277 FARNUM STREET 4/30/2018"IV, -0 9 ill OA S-0 (D - Q _i - R E 0, JOYCE BR AW . TOWN 0 _0 IT A Ni 0 V E R NORTH ANDOVER Any appeal shall be fileTcP VV IN U IN MASSA CHU 5 ETT S SEP within (20) days after the Jate of filing of this Notice in the Off ice of the Town CierK. NOTICE OF DECISION 6� � -7,Pq PC'- 130 September 6, 1996 Date............................. Date of Hearing �,g.20,.Sep�.�,.�996 Howard M. Thomson .......... Petitionof ........................................................ Land & buildings numbered 277 Farnum. Street Premises affected ........................................... Referring to the above petition for a special permit from the requirements -North Andover Zoning Bylaw Section 7.2.1 ofthe ......................................................... ....... ... t allow the creation of a new.p4i��.qg qij e.yis.tiiig. driveway. for. an. so as to>plammik ...................... existing house over an . access other. tlha!l i.t�s- -s-tr.eet. f --cQzitage .................. ..................... . I ..... .... -mted above date, the anni "'..After: --d -utac h-earin p ven on the g_gi­ CONDITIONALLY SPECIAL PERMIT ......... the .......................... CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties based upon the follo�vina conditions: .2 Signed V. P�irman ..... Richard Rowen, Vice Chairman . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . Alison Lescarbeau.,. Cle,rk, ........ ................. ..... Richard Nardella ..... .......................... John Simons ......... . ........ Town of North Andover ORTM OMCE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 0 1845 WU,LIAM I SCOTT Director September 6, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MAO 1845 Re: Special Permit/Access/277 Farnum Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, August 20, 1996 at 7:30 p.m. in the Senior Center located behind the Town Hall Building, upon the application of Howard M. Thomson, 277 Farnum Stre et, North Andover, MA 0 1845 requesting a special permit under Section 7.L/ 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 Lescarbeau, Clerk, Alberto Angles, Associate Member, John Simons and Richard Nardella. The petitioner was requesting a special permit to allow the creation of a frontage exception lot. The premises affected are land numbered 277 Farnum Street in the Residential - (R-2) Zoning District. Ms. Lescarbeau read the legal notice to open the public hearing. George Perna was present representing the applicant. He stated there is a purchase and sale agreement on the property and the applicant is proposing a frontage exception lot of 4.27 acres on Farnum Street. The original lot contains 6.6 acres, 1.2 acres will remain with the existincy house and a 1. 13 non -buildable buffer strip will be created around the existing house. Mr. Perna stated that the site could be broken up into a 4 lot subdivision with a short cul-de-sac, however, the owner would like to have the 4.27 acres as one lot for one house. Mr. Simons asked Mr. Perna if he would have any problem putting in writing that the lot is not a buildable lot, and Mr. Perna replied he would have no problem with that. Atty. Rand, representing Mr. & Mrs. Famum, asked that conditions be placed on the rear lot so that it cannot be subdivided ffirther. Also, the proposed driveway is very close to their property and they would like it moved and buffered. An abutter at 1250 Turnpike Street expressed concern about runoff onto her property, and does not want the rear lot to be further subdivided. Mr. Nardella stated that he is not in favor of frontage BOARD OF APPEALS 688-9541 BUILDENG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 0 exception lots, however, a four lot subdivision in this area would be worse. A site walk is scheduled for Saturday, August 24, 1996. On a motion by Mr. Simons, seconded by Mr. Angles, Mr. Colwell was directed to draft a decision to be voted on at the September 3, 1996 meeting. Discussion continued until September 3, 1996. The North Andover Planning Board held a regular meeting on September 3, 1996. The following members were present: Joseph V._Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk and John Simons. Continuation of the public hearing. George Perna was present representing the applicant. A site visit was held on Saturday and it seemed obvious to all present that the site does not need to be screened. The driveway will be slightly lower than the existing grade, the stone wall and existing vegetation along the wall will not be disturbed.. Atty. Rand, representing the' Farnum's, stated that it doesn't seem a lot to ask for screening along the driveway. There is noise involved with farming'and also environmental concerns. Mrs. Bernice Fink, an abutter to the rear of the property, raised questions whether or not the rear lot could ever be further subdivided. Ms. Colwell stated that the Town's regulations simply say that a lot may not be reduced in size smaller than the required minimum for the zone. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to close the public hearings for the frontage exception lot and the access. Ms. Colwell had a draft decision ready for the Board to review. The Board set a bond of $1,000 for this project. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the draft decision as amended. Attached are those conditions. Sincerely, /)Joseph V. Mahoney, Chairman North Andover Planning Board -V 277 Farnum Street (Lot 1, 2 and Parcel A) ; ! Special Permit Approval - Access other than over the legal frontage The Planning Board makes the following findings regarding the application of Howard M. Thomson, 277 Farnum. Street, 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 I over Lot 2 and Parcel A Farnum Street. FINDINGS OF FACT: 1, The driveway currently exists as access to the existing home located on Lot I therefore the location is appropriate, the driveway will not effect the neighborhood, and will not create a hazard to vehicles or pedestrians. 2, The access issue stems from the creation of a new Lot 1 and Parcel A. The topography slopes steeply down to the street therefore it is not feasible to move the existing driveway to a location across the new street frontage. 3. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application. Upon reaching the above findings, the Planning Board approves this Special Permit with the following conditions: Special Conditions: 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: Plan of Land in North Andover, Mass. Prepared for: Howard M. Thomson & Alvina B. Thomson Scales: 1" = 40' and 1" = 20' Dated: July 23, 1996, rev. July 30, 1996 Prepared by: Thomas E. Neve Associates, Inc. 447 Old Boston Road Topsfield, MA 01983 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 field and reviewed by the Town Planner. 0 b) All appropriate erosion control devices must be in place and reviewed by the Town Planner. 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 $1,000 (one thousand) 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 (building permit issuance): 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. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 6. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 7. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 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. 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 277 Farnum Street - Access N W N OF NORT]a AYDOVER Any appeal shall be fileTaP MASSACRUSETTS within (20) days after the ORTw t Jate of filing of this Notice in the Off ice of the Town Cierk. NOTICE OF DECISION PC R E i JOYCE BRAD�'�* " AW TOWN CLERK - NORTH ANDOVER I 3 1 '5b L September 6, 1996 Date............................. Aug 20, Sept 3, 1996 Date of Hearing-, .................. Howard Thoms I ..................................... Petition Of ............ ............. Premises affected .��nd numb.e.r.e.d. .2.7.7. F.a.r.n.ulr� Street ............................ Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw Section 7.2.2 .......................... ofthe .... ........................................ allow a frontage exception lot. ............ asto .............................................. aven - --the-abov-e; date, the Plaqqlng Board voted on ic,--.hearing Aft er- a- pqbt CONDITIONALLY -SPECIAL—PERMIT, to ApppQvz ........ the--.. ......................... ......... CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File interested Parties based upon the follo�ving conditions: Z �cz Signed �ir7an ..... Richard Rowen, Vice. Chairman.... ................ .. ........ Alison Lescarbeau,. Clerk. .... .. .. .... ... ... ...... Richard Nardella ..... ............ .............. John Simons Q j Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 0 1845 WILLIAM J. SCOTT Director September 6, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 0 1845 Re -. Special Permit/Frontage Exception Lot/277 Farnum Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, August 20, 1996 at 7:30 p.m. in the Senior Center located behind the Town Hall Building, upon the application of Howard M. Thomson, 277 Farrium Street, North Andover, MA 0 184 5 requesting a special permit under Section 7AJ2 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 Lescarbeau, Clerk, Alberto Angles, Associate Member, John Simons and Richard Nardella. The petitioner was requesting a special permit to allow the creation of a frontage exception lot. The premises affected are land numbered 277 Farnum Street in the Residential - (R-2) Zoning District. Ms. Lescarbeau read the legal notice to open the public hearing. George Perna was present representing the applicant. He stated there is a purchase and sale agreement on the property and the applicant is proposing a frontage exception lot of 4.27 acres on Farnum Street. The original lot contains 6.6 acres, 1.2 acres will remain with the existing house and a 1. 13 non -buildable buffer strip will be created around the existing house, Mr. Perna stated that the site could be broken up into a 4 lot subdivision with a short cul-de-sac, however, the owner would like to have the 4.27 acres as one lot for one house. Mr. Simons asked Mr. Perna if he would have any problem putting in writing that the lot is not a buildable lot, and Mr. Perna replied he would have no problem with that. Atty. Rand, representing Mr. & Mrs. Farnum, asked that conditions be placed on the rear lot so that it cannot be subdivided further. Also, the proposed driveway is very close to their property and they would like it moved and buffered. An abutter at 1250 Turnpike Street expressed concern about runoff onto her property, and does not want the rear lot to be further subdivided. Mr. Nardella stated that he is not in favor of frontage kORTH BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 6! - exception lots, however, a four lot subdivision in this area would be worse. A site walk is scheduled for Saturday, August 24, 1996. On a motion by Mr. Simons, seconded by Mr. Angles, Mr. biwell was directed to draft a decision to be voted on at the September 3, 1996 meeting. Discussion continued until September 3, 1996. The North Andover Planning Board held a regular meeting on September 3, 1996. The following members were present- Joseph V'. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk and John Simons. Continuation of the public hearing. George Perna was present representing the applicant. A site visit was held on Saturday and it seemed obvious to all present that the site does not need to be screened. The driveway will be slightly lower than the existing grade, the stone wall and existing vegetation along the wall will not be disturbed. Atty. Rand, representing the Farnum's, stated that it doesn't seem a lot to ask for screening along the driveway. There is noise involved with farming and also environmental concerns. Mrs. Bernice Fink, an abutter to the rear of the property, raised questions whetheror not the rear lot could ever be further subdivided. Ms. Colwell stated that the Town's regulations simply say that a lot may not be reduced in size smaller than the required minimum for the zone. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to close the public hearings for the frontage exception lot and the access. Ms. Colwell had a draft decision ready for the Board to review. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the draft decision as amended. Attached are those conditions. Sincerely, F, loseph V. Mahoney, Chairman North Andover Planning Board 277 Farnum Street (Lot 2) Special Permit Approval - Frontage Exception Lot The Planning Board makes the following findings regardingthe application of Howard M. Thomson, 277 Farnum Street, North Andover, MA 01845 1- dated July 29, 1996; requesting a Special Permit under Section 7.2.2 of the North Andover Zoning Bylaw for the creation of a Frontage Exception Lot located at 277 Farnum Street (Lot 2). FINDINGS OF FACT: The lot conforms to all of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows: 2. The area of the lot exceeds by three times the minimum lot area required for that Zoning District (43,560 -SF) as the lot contains 186,052 SF. 3. The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width of not less than fifty (50) feet at any point between the street and the existing home. 4. There is one frontage exception lot contiguous to this lot. 5. The lot is so located as not to block the possible future extension of a dead end street. 6. The creation of the lot will not adversely affect the neighborhood as the alternative to the creation of this lot is a four or five lot subdivision. 7. The creation of the lot is in harmony with the general purpose and intent of the Zoning Bylaw. 8. The granting of this special permit will not be detrimental to the town as the alternative to the creation of this lot is a four or five lot subdivision. 9. There are no wetland resource areas located between the street and the buildable portion of the lot. Upon reaching the above findings, the Planning Board APPROVES this Special Permit based upon the following conditions: This decision must be filed with the North Essex registry of Deeds. Incorporated by reference as a part of this decision is the following plan: Plan titled: Plan of Land in North Andover, Mass. Prepared for: Howard M. Thomson & Alvina B. Thomson Scales: I" = 40' & I" = 20' Dated: July 23, 1996, rev. July 30, 1996 Prepared by: Thomas E. Neve Associates, Inc. 477 Old Boston Road Topsfield, MA 01983 2. 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. 3. Lot 2 shall not be reduced in area below the minimum area required in Section 7. 1. 4. The proposed dwelling on Lot 2 shall have a residential fire sprinkler system installed as required by the North Andover Fire Department. S. Parcel A as it is currently shown on the plan, is not a buildable lot as it does not conform to zoning. 6. This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted (i.e. filed with the Town Clerk) unless substantial use or construction has commenced. This application will therefore expire on cc. Applicant Assessor Building Inspector Conservation Administrator Director of Public Works Engineer File Fire Chief Health Agent Police Chief 277 Farnum Street Frontage Exception