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Home My WebLink About1989-11-13 Recorded Decision Common Driveway SP 1 - G 275MUM III I I cE SP-C REVIVED ?� 13 if'U'S TQWN 6r N `I'OIt1i ANDQ'VEIR pANf(L�I;INC }, P �f�f I. fiOW4 t i:K MASSACHUSETTB KORikl111:19VER O.1N Nov 13 10 so ART RT 3� IAny appeal shall be filed within(20)days after the = " S E' date of filing of this NoticeOr In the Office of the Town rr Clerk. , 1 NOTICE OF DECISION I r ' P Sao Elate.Ngve*M 13,E 1989 Date of Hearing November.2, L989. F Petition of „SMuel.8i aoKers,. Bdgexood Life Cara 1 ........... i Premises affected ...Be t Side of Osgood Street - 8dgewood Farm •....................................................... i s Referring to the above petition for a special permit from the requirements i j r Of the .....taPi)b.iOd4YeC.5Vrn1<3.8Yad1MC:.OFF!}PP.�r 34r i.�4SR44.t25�BR�ta.1C........ t so as to permit .thr.PPP#;rgrt49g.+194.gq%.Rk Aft AFjfY}¢!�},@f}YgSY$Y.1r4.9a1�9.�lala ees to Lot 5 and Lot 6 on the east side of Osgood Street, edgewood Farr. ... ........ ..................... ...... ............. ' AfterConditionally public hearing given on the above date, the Planning Board voted n Y to ♦vocarv.........the ......F99944I. "A. I based upon the following conditions: D car Director of Public works Board of Public works Sighed Highway Surveyor - Conservation Commission �SSRr2lP.FPFnFi.t?ie, rl1l�C'fiR...... Board of Health 4 building Inspector ,JOM pipPrF/.M0............. . yj1 + Assessors Police Chief ArAcA J'SkFFF#?.1............... Fire Chief i Applicant 34ok dirdfrsi........••.....:...•. ! ingiaseC i Fils, Interested Parties John Draper ' I `y k R ' sR 3. 276 6 Town Of 120 Main Snvx4 �''LDW° v y• NORTH ANDOVER North Andaver CONSERVA770N 1.1aS4actlusellsols" r f-WALTH h3 WLS11M OF MMO M245403 s PLANNING i COMMUNITY DEVELOPMENT I, KAR6N I tP.NELSON.DIRECTOR November 1'. lea:+ Mr. Daniel Long, Town Clerk j Town Hall 126 Hain Street Worth Andover, HA 01843 1Zer Cdgewo•,dl,ihrary Special Permit, Common Urivstlay Dear Mr Longo The North Andover Planninq Board held a recTular mr!etiva ml Thursday evening, 'September 7, 1989, on the applicatiotl of Samna, �'.+( S. Rogers, Edgewood Life Care, i Johnson t:treet, North AnIIt:Ver, IIA. The hearing was duly advertised in the North Andover Citizen on August 24 and August 31, I989 and all patties ok luter:cC u'.re '''' notified. The following members were Pretest+ George Perna, Chairman, John Simons, Clerk and Brich Nitzaclte. Jack ur:lllam and ,� • Paul Hedstrom were absent. ,,�,'c.•r: The petitioner seeks approval of a 81-!vial I.'o:tmlt t•.t cop-to-r• Driveways under Section 2.30.1 of the North Andover '1u11illq Byiair, .' The purpose of the Special Permit is to c®r1CLruct and u;e individual driveway to y gain access to Lot a and Lot +, on Lh'e racL• side of Osgood Street located in a Nevidenticll 1 tin he:•ir.lentl.,t 'r'• ""` 1 Zoning District, ;: . AL John Simons read the legal notice Lo open the uuW iv hearin',l, •� '" The Board raised Concerns about the uve, and domes of Lite common drive. Concerns were also raxt;•:d about Llu.l act!--, W L.114 two lots being serviced by this drive. Plane shall be reviser! to .Y : better show the driveway into Edgewood 1'arm, Abutters from the Zstate of llasy Charles mere pre:;ent mud expressed concern about the fact that Lhcit 1uL ctlould U': able. to access the common drive, The Board stated that they ar-i in no +:.ay obligated to enhance development of an allutLiliq propelty ,nd thu:ay would not condition Edgewood to allr,w to tho C11:,x1•-a Utt :Le. The Attorney for Mary Charles, 111113 ill'( nit mlhe llcrr.'ll commented that they did not n!celvr_ 1'i,:1'ct nutitic,+'.1 'u ut t.be } opening of the Public Hearinq Irhth rp�raxd.to th•.' L'1,e rr +! r@rrl+l..f being granted under Section 8.3, 10. J, !a. !i, 11.J ail•I 1 J .,i 'Act North Andover Zoning Bylavu. l'IILI!'1,1 '!; !I�flltl•"'!. l:L +�,^F lh.++ �h ' Estate of Mary Charles was salt uutlll' ,++.i'•n tl, LIP: with the Assesnora Departmelit and that the llotl.lt V -41 returned to the Board. The Plannin r t'oal clr 1%'rrt notify an abutter has at that pain! li.• :+ !'ill : 11-d. i k I Bg �YY9 F, ,., Page 20 A notion was made by Erich Mi!z;:chc to ctintiuue the Public . Hearing to September 21, 1989. Tht motion was seconded by John Simons and voted unanimous by those pxei,eut. The Planning Board held a regular m+eetinq on. September 21, s+ 1989. The following members were prevents veorge Perna, Chairman, i John Simons, Clerk, Erich Nitzsche and Paul Hedstrom. Christian Huntress, Planner, spoke to the Board on tine application. at the last meeting, the public hearing was continued on the Special Permits Common Driveway. The discussion wau ou the _,•. :r abutters concerns for use of the common driveway and the old access "•"'` road into the site. ^ Clifford Elias spoke to the board on the common driveway application. also present was Nelson Hammer. George Perna reviewed the plans and asked how the houses were • � -being serviced. He wants to see what the common driveway looks kL like. ` ` } r, The Hoard requested the following information on the plane 1. Show access an 2. curb cuts ' 3. Size of lots 4. Show radius S. Show proposed drives °T The plans to explicitly show cuisr-on dxlvewayn, t. F A motion was made by Paul Hedsttom to continue the publiq, hearing until October 5, 1989. The motion was seconded by Lz ich�., Nitzsche and voted unanimous by those present. s` The Planning Board did not meet on uctober S. 191s7. due to a ',•� Special Town Meeting. ' ' V� On October 19. 1969 the Planning "ard held a requin meeting. r The following members were prevents George Perna, Chairman, J'7hn ' Simons, Clerk, Jack Graham, Erich Nitzsche and the boards newast member, John Draper. d Clifford Elia■ showed the board plans of the accent road and ;+! the common driveways. Accessed by the common driveways veto two lots. i A motion was made by Erich ilit~eclr+: to 4:looe tho public 2 : hearing and take the matter under advin.2maut and direct the hlauner to draft an approval. The motion wa:, vecitinded by Jvhls :llmons: rind voted unanimous by those present. a f i (;k ` BHSIIB Page 31 On November 2, 1989 the Planniuy U-- .trct held :i rtauiar meetinq. She following members were presents u-:orge Perna, Chairman, John Simons, Clerk. Erich Nitzsche, Jack Graham and John Draper. A motion was made by John simuns to accept the condition t approval for the Edgewood Life Care :;p,:r_ial Permit Comm•311 uriveap,y. IThe motion was seconded by John Urapor and voted unanimously by the Board. yin(exely. Plaunis�q Board Chairmap cat Director of Public works Board of Public works Highway Surveyor Conservation Commission Board of Health Building Inspector ' Assessors Police Chief Fire Chief Applicant rile i I 1 p I � I BR32 � 8 . T 279_.. Edgewood lifecare j Conditional Special Permit Approval, Common drive. lots 5 i 6 The Planning Board makes the following findings regarding the Special Permit Application cited abovet 1. The application adheres to the bylaw restriction that no more than two (2) lots be served by a common drive. 2. The specific location of the common driveway is appropriate due to its location. 3. The design and location will not adversely affect the neighborhood. 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 not with the special Permit Application before us. Upon reaching the above findings, the Planning Board approves ill 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. Easements pertaining to the rights of access for driveways between the lots involved shall be filed with the Registry of Deeds Office prior to the issuance of the building permit for any lot served by the commondrive. 2. All conditions relating to the common driveway issued in the approvals granted under sections 6.3, 10.3, 10.31, 11.3 and 13 of the North Andover Zoning Bylaws, and dated 10/5/89, shall be considered as part of this decision. The following plans shall be deemed as part of the decision= Plans Entitledt Plan i Profile, STA. 0+00 to 9+00 Edgewood Lifecare center. Plan prepared fort Edgewood Lifecare Services Prepared byt Earl R. r1ansburg i Assoc./ Thomas r, Moran Inc. Datedt 10/10/89 Oct Director of Public Works i. Board of Public storks Highway Surveyor Building inspector Hoard Of Health r e BH31 .19. 280 Assessors Conservation Commission Police Chief Fire chief Applicant j Engineer 1 File TOWN OF NORTH ANDOVER MASSACHUSETTS CERTIFICATE OF TOWN CLERK I, Daniel Long, Town Clerk of the Town of North Andover, her certify that the attached document, entitled "Notice of Decision," dated November 13, 1989, consisting Of a total of six pages, relating to the petition of Samuel S. Rogers and Edgewood i Life Care, Inc., East side of Osgood Street - Edgewood Farm, is a true copy of the Notice of Decision of the North Andover Planning Board as filed with my Office at 10:50 A.M., November 13, 1989. The Decision relates to Section 2.30.1 of the Town of North Andover Zoning Bylaw, I further certify that no appeal from said Decision and I Notice of Decision has been filed in my office. Sworn to and subscribed this 30th day of May, 1990. an a Long, Tq,3 - Rflccrdel June 11,1990 at 8:58AU #12037 1 j i