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HomeMy WebLinkAbout1991-06-04 Decision SPR hUMN HUN . j° TOWN OF �vNORTH y r A iN a��O V �. .k� f DIA O•�♦.♦o ., ^4• `I Any appeal shall be filed Within (20) days after the date of filing Of this Notice NOTICE OF DECIS IOI4 in the Office of the; `fuvvn Clerk. Date . . 41991 . . . . . . . . . . . , May 30, 1991 Date of iicaring . . . . . . . . . . . . . . . . . P etitioll of 'town of North Andover through the Conservation Commission ♦ . • ♦ . • Promises affected .south zwwe. of.Rivaruie% Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of tile Y •o! •Nrth Andover Zoning Bylaws - Section� a 4.122, Pra`gravh 10 • . • . . • . . � « . • • • • ♦ ! . . • • • • . • Y . • • . • • . • . . . • . • . • • . . . • • • • • . . • . . • • . • . So as to permit fire .construction•of •a boat• ramp for public and emergency access• to • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Merrimack River. . . • . • . . ♦ . w • • • a . • • . • . . . • . . . r • • . . . . . . . . « . . . . . . . . . . . • . . . . . . . . . . . . . . • . . . . . . , . . . , . After a public hearing given oil the above elate, tine Planning Board voted Conditionally to • Approve . • . .tile Special Permit . Y . . ♦ . . . . r . . ♦ • . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . cc: Director of Public Works Board of Public Works based upon the following conditions : Highway Surveyor Building Inspector Conservation Commission Board of Health , I , Signed d - Assessors ,�" }� lo > ° Police Chief George D. Perna, Jr. , Chairman Fire Chief . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . Applicant John Simons, Cleric Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interested Parties File John Draper. . . . . . . . . . . . . . . . . . . . . . Joseph Mahoney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard.. Nardella ' of xonr+ri KAREN H.P. NELSON Town. Of 120 Main Sh-eet, 01845 Director P D;' '°Y NORTH ANDOVER ("04$) 6$2-6483 BUILDING8g' CONSERVATION "°g� DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT June 4 , 1991 14r. Daniel Long, Town Clerk Town of North Andover 120 Main Street North Andover, 14A 01845 Re : Special Permit - Boat Ramp Dear Mr. Tong : The North Andover Planning Board held a public hearing on 14ay 16 , 1991 , upon the application of the Town of North Andover, requesting a Special Permit under the provision of Section 4 . 122 , Paragraph 10 of the North Andover Zoning Bylaws . The public hearing was duly advertised in the North Andover Citizen on May 1 , and May 8 , 1991 in the North Andover Citizen and all parties of interest were properly notified. The following members were present and voting : George Perna, Jr . , Chairman, John Simons , Clerk, Joseph Mahoney, John Draper and Richard Nardella. The purpose of the Special Permit is for the construction of a boat ramp for public and emergency access to the Merrimack Raver . The premises affected is located on the South side of Riverview Street on a Residential 4 (R-4 ) Zoning District. John Simons read the legal notice to open the public hearing . Richard Doucette was present to discuss the proposal with the Board . Mr . Doucette stated that this project is proposed by the Town of North Andover through its Conservation Commission . The construction of a boat ramp at this location will allow access to the Merrimack River for car top boats only, and emergency access for trailered boats by the Fire Department and other emergency vehicles as necessary. Page 2 : Mr. Mark Gross , of Kimball Chase and Company, engineer for the applicant was present to answer any technical questions which the Board may have . Mr. Gross reviewed the drainage and construction of the actual ramp. and then explained that the construction of the parking area would handle 12 cars and is not designed to handle trailer parking . Christian Huntress asked Mr. Gross about the placement of gates on the property and whether the Conservation Commission will control the hours of operation and allowed access . Mr. Doucette answered that two gates are planned for the property but that they will remain unlocked. Mr. Doucette went on to say that if in the future a problem arises the gates will be locked to secure access . Any complaints about noise or other violations should be reported directly to the North Andover Conservation Commission, The Board asked if anyone was present from the public and would like to comment on the proposed plans . Mrs . Blanchette , Riverview Street, North Andover, stated that the residence all had concerns about parking and speed limits along Riverview Street, hours of operation and whether the applicant was considering lighting the site . Mr. Doucette explained that no lighting was proposed for the property. George Perna stated that the Board of Selectmen would be the proper authority to control the speed limit and the parking along Riverview Street. Mrs . Blanchette went on to ask whether the Town was planning to upgrade Riverview Street. Christian Huntress stated that the Town Manager and Selectmen had put in place a 5 year Roadway Improvement Plan and that the Planning Board and Conservation should petition the Selectmen to place Riverview Street on the top of the list due to increased traffic associated with the boat ramp . George Perna stated that the hearing should be continued and that the board should take a walk along the property. Upon a motion made by John Simons, and seconded by Richard Nardella, the Board voted to close the public hearing and take the matter under advisement. Further, directed staff to prepare a draft decision for review on May 30, 1991 . The vote was unanimous . On May 30, 1991 the Planning Board continued the public hearing with regard to the boat ramp application . Richard Nardella visited the site and reported to the Planning Board that all concerns listed by the abutters were indeed relevant. Christian Huntress presented a draft decision to the Board for review. Richard Doucette was present to answer any questions the Board may have . Page 3 : George Perna asked if anyone from the public would like to comment. Mrs . Blanchette reiterated the neighborhoods previous concerns of speed limits , parking, lighting and noise . John Draper asked that the Planning Board condition the applicant to approach the Board of Selectmen to address the issues of parking and speed limits . George Perna asked if lighting would be required on site . Christian Huntress stated that in the draft approval lighting was not allowed on site , but if a problem arose and the applicant wished to have lighting installed they would be required to submit for a modification to the planning Board. Upon a motion by John Draper, seconded by Richard Nardella, the Planning Board voted unanimously to approve the Special Permit as drafted by ,staff and amended by the Planning Board. Attached are those conditions . Sincerely, PLANNING BOARD George !D . Perna, Jr. , Chairman CC : Director of Public Works Board of Public Works Highway Surveyor Building Inspector Conservation Commission Board of Health Assessors Police Chief Fire Chief Applicant Engineer File r TOWN OF NORTH ANDOVER, BOAT RAMP RIVERVIEW STREET, NORTH ANDOVER SITE PLAN REVIEW APPROVAL, SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. The Planning Board makes the following findings regarding this Site Plan Review Application as required by section 8 . 3 of the North Andover Zoning Bylaws: FINDINGS OF FACT: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has been provided with the adherence to the approved plans. 3 . The landscaping plan as shown meets the requirements of section 8 . 4 of the Zoning Bylaws, with the addition of the enclosed conditions. 4 . The site drainage system is designed in accordance with the Town Bylaw requirements. 5 . The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8 . 3 of the Zoning Bylaw. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this proposal generally complies with the Town of North Andover Zoning Bylaw requirements as listed in section 8 . 35 but requires conditions in order to be fully in compliance. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Site Plan Review application before us, the Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Two (2) gates shall be installed on the site. The first to be located at the entrance to the Property, and the second to be located at the beginning of the circular loop just to the right after initial entry to the site. These gates are shown on sheet two (2) of the approved plans. 2 . All signs within the project shall be of wood or stone with uniform lettering and design. The signs shall in no way be interior illuminated. (Neon or other means) The applicant shall be required to have any final sign proposals reviewed by the Town Planner and shall apply to the Building Inspector for a sign permit. (Section 6. ZBL) 3 . Any Plants, Trees or Shrubs that have been incorporated into the Landscaping approved in this decision, that die within one year from the date of this approval, shall be replaced by the owner/applicant. 4 . All Planning Board conditions listed herein shall be recorded with the Registry of Deeds by the applicant prior to the issuance of a building permit. A copy of the recorded conditions shall be delivered to the Planning Board and included in the file. 5. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 6. This site shall receive all necessary permits and approvals from the North Andover Board of Health. 7 . 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 . S . No lighting shall be installed on this site. 9 . This boatramp shall be for the explicit use of car top boats only. Only in the case of emergency access may the ramp be used by trailer boats 10. The site may be used for public access to the Merrimack River and use as a picnic area. 11. The applicant shall approach the Selectmen to address the concerns of the neighborhood with regard to establishing a reasonable speed limit and parking regulations for Riverview street The following plans shall be deemed as part of the decision: Plans Entitled: BOAT LAUNCH, RIVERVIEW STREET NORTH ANDOVER, MASSACHUSETTS Prepared for: TOWN OF NORTH ANDOVER NORTH ANDOVER, MASSACHUSETTS Prepared by: KIMBAL CHASE Date: NOVEMBER, 1990 Sheets: ONE THROUGH NINE, (1 -- 9) cc: Director of Public Works Board of Public Works Highway Survey urve ec or Building Tnsp Board of Health Assessors atian Commission Consery Chief police Fire Chief Applicant Engineer File