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Home My WebLink AboutMiscellaneous - 44 Booth Street ,' i i �I �I I � _._ Vv I ._-- i II Pv�� l �iG 8� A�0 TOWN OF NORTH ANDOVER MASSACHUSETTS OF NORTH ° O s � f SS�CNU5E Any appeal shall 'be filed within (20) days after the NOTICE OF DECISION date of filing of this Notice In the office of the Town Date , September 13, 1994 Cleli k•. • . ' . . • . . August. .16, 1994' Date of Hearing September. 6: 1994 Petitionof . . . . . . . . . .Daniel Tenney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected ,44 .Booth .Street , . . . . . Referring to the above petition for a special permit from the requirements Of North Andover Zoning Bylaw -. Section 7..2, Para. 1 . , . . . the �u .15 to � allow .accoss .to .the .bot .°ther than over ,the, ,legal, ,frOAtagE� . .Qn property located at 44, Booth Street. . . . . . . . . . . . . . . . . . . . . . . . . . . s . . . . . . . . . . . . . . . :\:'ter a public hearing given on the above date. the Planning Board voted CONDITIONALLY t0 .APPROVE . . . . . . . .the . .SPECIAL PERMIT . . . . . : . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions : ,I cc: Director of Public Works Si Building Inspector ghed Conservation Administrator Richard A. Nardellaf, Chairman Health Sanitarian " " " " " " ' ' Assessors Joseph. Mahoney� .Vice,Chairmap, , , Police Chief Fire Chief Richard Rowen,.Clerk" " ' . . . Applicant . . . . . . . . . . . . . Engineer John. Simons File . . . . . . . . . . . . . . . . . . . . . Interested Parties Alison Lescarbean: ,Associate.Member 'Planning Board " ' Y °F NOR iM1 � ,' -� _ .. .- • �"`-" .._ _ - '. a° t. c KAREN H P:NNELSON 02' °m - ,TOWIl Of: 120 Main Street .01$45 Director : '+" ' .- �lITORTH AN (508) 682-6483 BUILDING CONSERVATION SSS•°"USE, DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT September 12 , 1994 Ms. Joyce' Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Access 44 Booth Street Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on August 16, 1994 in the Senior Center behind the Town Building upon the application of Daniel Tenney, 39 Summit Street, North Andover, MA, requesting a special permit under Section 7 . 2 Paragraph l of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on July 27 and August 3 , 1994 and all parties of interest were duly notified. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman Richard Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member. The petitioner was requesting a special permit under Section 7 .2 . 1 of the North Andover Zoning Bylaw to allow access to a lot other than over the legal frontage, located at 44 Booth Street from Adrian Street. Mr. Rowen read the legal notice to open the public hearing. Mr. John Simons arrived at 9 : 20 p.m. Mr. Phil Christiansen, Engineer, and Mr. & Mrs Tenney were present. The applicant is requesting access other than over the legal frontage lot. Legal frontage to the lot is on Booth Street. They would like to access the home from Adrian Street Mr. Nardella questioned the need for permission in writing to gain access. Adrian Street is unimproved right of way with rights to pass and repass - private ways open to the public - municipality does not have the requirement to maintain it. Mr. Mahoney would like roadways discussed at a workshop. Page 2 . 44 Booth Street Mr. Rowen read a letter from D.P.W. . Adrian Street is not up to Town standards, therefore no town services will be provided on Adrian Street. Mr. Nardella asked for a deed restriction on the property. Attorney Ralph Joyce suggested that a restriction be placed in a condition of the special permit. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board closed the public hearing. Decision to be discussed on September 6, 1994 . Mr. Rowen told staff to put in the requirement of a sprinkler system. On September 6, 1994 the Planning board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member. Discussion of appropriate address for .Booth Street. Fire safety issue with the address. Ms. Colwell to check with D.P.W. and Fire Department. Zero bond. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the access other than over the legal frontage for 44 Booth Street. Attached are those conditions voted by the Planning Board. Sincerely, Planning a • Board /�- Richard A. Nardella, Chairman attachment cc: Director of Public Works - Building Inspector Conservation Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File M 44 Booth Street Special"Permit Approval - Access other than over legal frontage The Planning Board makes the following findings regarding the application of Daniel Tenney, 39 Summit Street, North Andover, MA 01845 , dated July 22 , 1994 , requesting a Special Permit under Section 7 . 2 . 1 of the North Andover Zoning Bylaw to allow access to the lot other than over the legal frontage. This decision hereby allows the applicant to access the property located at 44 Booth Street from Adrian Street as shown on the plan referenced in Condition 1. FINDINGS OF FACT: The Planning Board finds that due to the steep slopes that are present on the site along the legal frontage located on Booth Street, access to the lot from Adrian Street is appropriate and will minimize the amount of disturbance on the site. 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 steep slopes along the legal frontage on Booth Street; 2 . The design and location will not adversely affect the neighborhood as the access to the lot will be from a paper street adjacent to another home; 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 information: a. Plan titled: Site Development Plan of Land Located in North Andover, Mass Prepared For: Daniel Tenney Scale: 1" = 40 ' Date: June 1, 1994 ; Revised: July 6, 1994, c July 20, 1994 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 . The Planning Board has determined that Adrian Street does not meet minimum requirements for width, grade and construction and is therefore considered a private driveway. As such Town services such as recycling, trash, and snow temoval will not be provided on Adrian Street until such time as Adrian Street is upgraded to meet Town Standards and is accepted as a public way. Town services will be provided to this lot on Wesley Street at the point where Adrian Street intersects with Wesley Street. 3 . Prior to any work on site: a. The location of the driveway must be marked in the and reviewed by the Town Planner. b. No performance guarantee will be required for this project. C. 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. d. A detailed construction schedule must be submitted to the Planning Office. e. A copy of the recorded decision must be submitted to the Planning Office. f. All erosion control measures must be in place and reviewed by the Town Planner. 4 . Prior to FORM U verification (Building Permit issuance) being for the proposed dwellings, a. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Division of Public Works and be in compliance with all other Permits and Approvals issued for this site. I b. Easements and agreementspertaining to access and mA- ntenance for the driveway must be recorded with the Registry of Deeds. I • 5. Prior to a Certificate of Occupancy being issued for either dwelling, `• - ... : - �.... i . +te c'.. '_= _ .,�.�„ rya �. 'e n• . ♦, ..'.,..___.-r __ c ,,,�.,—..:,_. .. .. .._,.;,..__ .. .. .. ...ice: _ _ ,.. . .> -__ _ A ,tk a The proposed dwellings must have residential fire sprinkler systems installed in accordance with the provisions of Standard 13D, N. F. P.A. e b; All slopes must be stabilized and reviewed by the Town Planner. 6. Prior to the release of the performance guarantee: a. The applicant shall submit a certified copy of an as- built plan which show all construction, including sewer lines, and other pertinent site features. This as- built shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer. 7 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. L 8 . Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 9 . All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 10. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 11. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 12 . 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 . 2 13 . This permit shall be deemed to have lapsed after a two ( ) year period from the date on which the Special Permi.� was granted unless substantial use or construction has commenced. Therefore the permit will lapse on SEPT 13 1996. cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File 44Booth.drive