HomeMy WebLinkAbout1989-11-20 Decision SPR MOD TOWN OF NORTH AN I) O V L R
MASSACHUS :C 'I` TS
t40HT,i
An a ea ,
y pp 1 shall be fled
r
within 20 days after the
date of filin4.of this Notice
In the Office. of the Town
Clerk. NOTICE OF DECISION
I` llate. . . November 20•,• 1989. . . . . . . . .
Date of Hearing . November, 16; 1989
Petition of Sanlau Realty Trust • .
• • • • • ♦ • • • • • • • • • • ♦ r • • • • . • • • ♦ . . , • • . • ♦ .
Premises affected .109-123 Main Street. . . . . . . . . . . . . . . . . . . . . . •
e . . . . . . . . . . . . .
'j
Referring to the above petition for a special permit from the requirements
` th Andover Zoning Bylaw - section• 8.36 - Revisions to Approved Site Plan
of�the�� f . • • • • ♦ • • • . • • • ♦♦ • • • • ♦ • • ♦ • • • • ♦ ♦ • • ♦ • • . • • • • • • • • • • • a • ♦ • • • • • • a
modi y
the Site Plan approved May 12, 1986 for back enbankment of
Soa t0 ��� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
lan ing and rip-rap wall.
. . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
,After a public hearing given on the above date, the Planning Board voted
Conditionally
to ApprpYo. . . . . . . . .the . . . .trr .Plan Modification . . . . . . . . . . . . . . . . . . . . . . . .
. .
based upon the followia-ig conditions
Sign d
.cc: Director of Public Works
��.
'�Board of Public Works �g4 9g . . . . . ., , Jz..,. Ctrairman. , , . , .
Highway Surveyor qRg • ♦Simons,• C1�erk
' 'Conservation Commission . . . . . . . . . . . . • . .a
Board of Health Erich Nitzsche
Building Inspector . . . . . • • • . • • . • • • . • • . . • . . . . • . . • • • .
Assessors gac4 .
raham
Police Chief, Fire Chief • . • • • . . • • . • • . • • . • • • . •
Applicant, Engineer
-j , _ �-_1_-__-_a n_-� _ __ Jahn Draper . . . . . . . . . . . . . . .
` aF panrpf
OFFICES Town of OF: o?;•�".., � 1 2o Main Str[,[�t
„
BUILDING a Norlh Andover
:' _: NORTH ANDOV ER assi,cl]c]sc its 0I ti¢
CONSERVATION �e��„�g£`{'
HEALTH Dlv[slOty or fSOHi Gaz 643
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover HA OiS45
>:i]. t.F.' i 1::!1 11 ll
Dear Mr. : Long
The North Andover P.1 afillily! 1'ULIL iiCr . '.! l.�tl'3.1.1.!' i ii •'''�_'j
13 , 1989 , upon tile appli(:!�ttioll 01:
Street, North Andover, 11A,
Review Hoditication, p"I' uallt; 1:1) 1'11;r'
Andover Zoning Bylaw, Sectir-)It
Plan . `file ]rearing was duly c'1dvel:i-i:=od, �11 f he Po t3i �t?i'.'. .1`• r ; t. 11:. ! ::r:;31
on June 22 and ,June 29 , 1989
notified. The following liit'.1i117 ? ;i 1l�'.]:r' 1'1 f' :•1. ;;f: j r'" ?'
i
Chairman; John Simons, Clerk; 1_;]:i+_:1! 1!il:. :; .:tt t!!c• rl _r:? k r: {1. ,
i
The petitioner seeks nloditir-at.ion of. tts
B Review.
John Simons read vlie lecict]_ llo*'I l'�' Lu !)f'•r,1 !?'_ !,1",y E i E}(.•.i ;
3
Letters were read from Chris 111111 ! 3: ';: ;:? r 1 1! 1. l: )St!il>'1? ] 1` 1 •t!111F:'1 I.{�
Bob Nicetta, Building Inspector .
C11ri.s Huntress explained to (,11
proposing on the illodif:icatlon VI: thl1 ' P1 11?
off: from the Order of Condition:.: ,
Was supposed to be built; . He l ik
retaining k•Jall to hold back t,.11r:1 ::'!_,1.1: .
hearing viere Santo tlessinl t, AIIII
architect for the Housing Aut,liol:f.1.y .
A leI]gthy discussioll t0Q,
1 1'� rr�!
� ) _ 1i _
1- ,i
position of the building built- 1_ S
the applicant and the architect <tlicl the 1 c1 t.r. cl .
Page 2 .
George Perna stated that the it,lsticr 3lei nu t hl l r- t:,..1 1,112 slc; y,.p
and should be, resolved with the 13uildi.nq ln^pector .
An updated As--Built P1, js neeclr_°d 1,, Lora a :;i. €. v : i t. .
needed are documents for easements and/o1_ 1:3nc1
A motion was made by John ;'Ji lon`i L 9 h ' ])III) ) I.(-'
hearing . The motion was. seconcted l)y 111:ich
unanimous by those present.
On August 10 , 1989 , the Plann:irlr{ bo�l?_d held cl
The following members were pref3ent: : !,;eolcte Pe.r_na , J .r f.'L1t!irn: '.11;
Erich Nitzsche and Jack Graham . 1'at_1J.
John Simons was absent .
A motion was made by Jclr_lc Cil: clll;_lla t:ra c�?Il?�111}?+' ha_1}, I 1r
hearing until the Board had a yuorllu! .
On August 24 , 1989 the Planni.licl Board 11016
The following members were pre:-;ent: G orcle
John Simons , Clerk; Brich Nitz�:che .: nd J;_!,-lt G1_;,lllatil .
John Simons read a letter Chad t1<1S SQ11L tp tl1Q t. 11.+�11i
Chris Huntress, Manner. The letter: was on the,
had expressed.
George Perna stated whaL tl1E�
the retaining wall as it was ori.c€i11;.tl,ly 11 LhC 31}:; .
Santo Messina spoke Lo Lhe €loa d o I i t.Ii cr.!i,cdi 1, i_rr!I
as it relates to the .ret-clin:ing wa L l , citing 1-hat i t. },,,,; a 1,!�_ :: .
Mr. Messina stated that erosion tiom t.11F
reason for the conditions on p
juniper trees to control the ;>it s . 'L'1}r. i; .+<:1:c1 rl !1 '_.. : t.•_1.11.1 1 :1c€
wall , eight feet high .
Hope Hinnic;ucci , Housing AL1tl1o):_1L1J
Board on the easements not beinc€ recorded .
1 A motion was made by John
hearing and set up a site visit and workshop . Lhe, .i IL "i Il
be September G , 1989 . Cliris lit titre: ,_ Lo sF 1_ t,h1 ,
Hope Minnicucci , Anna O ' Connor , Santo liessitta , A1111 11r:1:_ : i1;. arld Nall.
Hlnurciak. The motion was seconded by ?3, ic,h Nj.L- ,cllr,, .:I j
unanimous by those present .
On October 19, 1989 , the }.'_l_:r111 ,1cr to ...lreI h E.+_!
meeting . The following 1l1ember`; wt7 .Er' ill:+ .`:+:'1'1L : <<''r)1:t€' I1%i , J1 ,
Chairman; John Simons , Clerk; t a.: k f. : Blom ;:!MCI John !. ' '-€"' 1. '.r.'€1
Nitzsche arrived at 8 : 15 p . m.
i
Page 3 :
John Simons read a lettei from Lhe applicanL nalu-sLipq an
extension on the public hearing .
A motion was made by jolnf Simons Lu
hearing to November 16 , 1989 . The motion was seconded by Etfell
Nitzsche and voted unanimous by those pinsenL -
On November 16 , 1989 the Planninq Bo;id Old Yeqm I Zi
meeting . The following members wein present : Kaulq- P- Lnu , A . ,
Chairman; John Simons, Clerk; Hrich ViLzsche , Jach Graham and dQhll
Draper.
Chris Huntress, Planner, La Led uhm he had uQcriv-d Leviv tl
plans of the retaining wall but thav were not drawn Co n� nle -
Mr Messina stated that the l and soope plan KW iot Knen
addressed because he was going to plant qrans .
Chris Huntress gave the Board a cupy ol, t
The Plans need to be drawn to scale zuid a L )nd
Surveyor stamp is needed .
Erich Nitzsche asked of the jMUndary Lines w, tv ouri Pat
Chris Huntress asked that the fire lane and no parkinq he painood
an the way behind the building . Biich Nitzsche wanLad lnonuau Put,
in the decision relative to the trees heinq replaced it LhQy should
die . Chris Huntress to find the LQchnical. name 1-�)h ! !1- of
retaining wall that will be used in the back of the building .
A motion was made by Ei: ich -NiLzrche Lu cl-07- V"htyl-'
hearing and approve the draft decision as smendea . Thn Is oQion was
seconded by John Draper and voted unanimous by those Pv-: Qnt .
Sincerely ,
Planning knaid
Chas mmaii
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Conservation Commission
Board of Health
Building Inspector
oAssessors
Police Chief
Fire Chief
Applicant
Engineer
File
SAN LAU REALTY TRUST
Site Plan Review Modification.
The Planning Board makes the following findings regarding this
Special Permit as required by section 8. 3 of the Zoning Bylaws:
.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.
3 . The applicant has met the requirements of the Town for Site
Plan Review as stated in Section 8 . 3 of the Zoning Bylaw.
4 . Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
The Planning Board finds under Section 8 . 35 of the Zoning Bylaw
that the proposed site plan, together with the following
conditions, complies with the Town Bylaw requirements.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions which
shall be submitted to the Board prior to signing the documents to
be filed with the North Essex Registry of Deeds.
1. The final plans, which shall be filed with the North Essex
Registry of Deeds, shall include the following in one
packet:
a. Proposed Retaining Wall for San Lau Realty Trust.
Dated November 14, 1989 .
(With appropriate revisions as noted in this decision)
b. Landscape Plan, as approved by the Town Planner.
All plans shall be on 24" x 36" sheets
2 . All Planning Board Order of Conditions, issued herein, are
to be placed upon the recorded Final Plans, ( Cover Sheet )
prior to endorsement and filing with the Registry of Deeds.
3 . Any Plants, Trees or Shrubs that have been incorporated
into the Landscape Plan approved in this decision, that die
within one year from the date of this approval, shall be
replaced by the owner. If the applicant fails to comply
with this condition a modification to this approval shall
be required by the Planning Board.
P
Y.
4 . All prior conditions, that are not herein modified by this
decision, are to remain in full force and effect.
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5. The roadway behind the buildings shall maintain a twenty
two (22) foot width at minimum, and in no instance shall
the wall or curbing be brought closer to the building than
as shown on the approved plans.
6. Prior to the endorsement of the record plans a final
landscape plan shall be submitted to, and approved by the
Town Planner. Said plan shall be part of the record plans
and shall be filed with the North Essex Registry of Deeds.
7 . All construction shall commence by May 1, 1990, and shall
be complete by July 1, 1990.
S. The Plan entitled Proposed Retaining Wall for San Lau
Realty Trust, Dated 11/14/89, is not drawn to the scale
shown on the plan. The plan shall be redrawn to scale and
approved by the Planning Board prior to endorsement and
filing with the Registry of Deeds.
9 . A Fire Lane shall be delineated on the ground along the
entire back portion of the project and shall be approved by
the NAFD. This is to keep vehicles from blocking the 360
degree access to this site. Any vehicles found unattended
in this lane shall be subject to a ticket or tow.
10. Final site Plan shall be stamped and signed by a
Professional Land Surveyor, certifying that all buildings,
property lines and retaining walls are shown as found on
the site.
11. Prior to a Certificate of Occupancy being issued for any
structures, the site shall be reviewed by the Planning
Board. Any additional screening as may be reasonably
required by the Planning Board shall be added at the owners
expense.
cc; Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fare Chief
Applicant
Engineer
File