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Home My WebLink About2003-11-18 Form A - DENIED DEF SUB Town of North Andover 1 gars Office of the Planning Department fy:w Community Development and services Division y, 27 Charles Street North Andover,Massachusetts 01845 http:./I w w w.townof northandover.cozn Planning Director: 'woods®townofnorthandover.com P (978) 68$-9535 J.Justin Woods F (978) 668-9542 SENT LISPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED July 9,2003 Gene Willis,Arjuna Construction 76 Boston Hill Road North Andover,MA 01845 t..a RE: Plan of Land on Stiles Street,ANR Form A Denial Dear Mr.Willis: , At the regularly scheduled meeting of July 8, 2003, you presented the above-referenced Form A Applicatim to the North Andover Planning Board. The Board voted unanimously to deny the Form A applicdtid because the plan does not comply with the provisions of MGL Chapter 41, Section 81P of,with the provisions of the of the Town of North Andover, Massachusetts Planning Board Rules and Regulations Governing the Subdivision of Land dated November, 2000, last Amended December 2002 (North Andover Subdivision Rules& Regulations),for the following reasons: 1) The private way known as Stiles Street DOES NOT meet the indicative criteria for the determination of frontage in accordance with Section 3.3 and Section 3.3.1 of the Town of North Andover Rules & Regulations. Specifically, the way is not paved and is not adequate to accommodate public safety access. 2) The Planning Board determined that the lot DOES NOT have frontage on a way that, in the judgment of the Board, has sufficient width, suitable grades and adequate access to provide for the needs of the vehicular traffic and public safety access in relation to the existing and proposed use of land abutting thereon or served thereby and for the installation of municipal services to such land(s)and/or buildings erected or to be erected thereon. 3) The Planning Board determined that the subject plan is a subdivision,as defined by MGL Chapter 41, Section 81L. You may re-submit the plan to the Planning Board for approval under the Subdivision Control Law and you are hereby notified that should you disagree with this decision, you have the right, uudeir MGL Chapter 41, Sections P & BB, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. Please feel free to contact me if you have any questions. Si r ly, tin Woods BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 EUGENE P. WILLIS 76 Boston Hill Rd. North Andover,Ma. 01845 978-685-7570 July 8, 2003 North Andover Planning Dept. 27 Charles St. North Andover MA. 01845 Re: ANR plan for 0 Stiles St. Dear Justin, Please find attached the mylar plan, three time stamped copies of the application, a aduna Construction Co. check #9280 and eight blue line copies of the ANR plan. Please place us on the agenda for discussion at tonight's meeting July 8, 2003. Si , r ne illis E. Delivered via hand delivery 7/08/03 EUGENE P. WILLIS 76 Boston Hill Rd. North Andover,Ma. 01845 978-685-7570 July 8, 2003 North Andover Planning Board 27 Charles St, North Andover MA, 01845 Re: ANR plan for 0 Stiles St. Dear Board Members, Under Section 2.7.2 of the Planning Board Rules and Regulations Governing the Subdivision of Land, Waiver of Specific Rules and Regulations, I request a waiver of any requirement to upgrade the existing conditions in Stile St. North Andover to provide for access to a single family dwelling to be built on lot 0 Stiles St. The reasons for this request are the following: f. The lot in question does not meet the definition of subdivision according to section 1.3.25 of the North Andover Planning Board Rules and Regulations Governing the Subdivision of Land. 2. Stiles St. is a way that is currently used by the public to access Trustees of the Reservation Ward Hill Reservation area. 3. Has been used by construction vehicles in the past to access the rear of lots located on the westerly side of Penni Lane 4. Has overhead utility lines and poles along its entire length and is regularly accessed and maintained by Massachusetts Electric Co. 5. Will have a private well and septic system. 6. Has adequate access for fire protection as indicated by the North Andover Fire Dept. sign off of the form U. 7. Stiles St. is paved up to 0 Stiles St. lot fine. Sincerely, Eugene P. Willis P.E. Delivered via hand delivery 7/08/03 ASSESSOR'S MAP 107D LOT 14 PROPOSED SINGLE N FAMIL Y RESIDENCE N k W l� '= EXISTING SHED �O�c�' \� - 5 0,24' S 53° 3'46" E \ I � \ EXISTING BUILDINGS \, PROPOSED HOUSE LOCATION FOR \ EXISTING 0 STILES ST PAVEMENT iN NORTH ANDOVER, MASS. PREPARED FOR: GENE WILLIS �\ PLAN SCALE 1 = 40' Received by Towq Clerk: I V! I IK FORM A ?T 0 1 AIL 8 1 V 3 APPLICATION 1`01E ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL JLA,IV To the Planning Board of1he Town ofNorth Andover: The undersigned v&qhea.to-record-thc-accompanying.plaR and requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land..s[ww.u,.on,flw-=ompany-ing.p1an ismotzsubdivision because every lot shown thereon has t amount of frontage required by the North Andover Zoning By Low and is on a2ublic way,namely,r or a private way,namely, le being land bounded as follows; -e 2, The division pf land shown on the accompanying plan is not a subdivision for the following reasons: o-er P 3. Lot ffontage and aq -af ch-lot..k ictedon ac Ala company g.,plan. ►tle Wyly ,-ee e- 4. Description of proposal YJ 77w— R ICU- e w-im j 1-7 74 ej le 5. Title referencp North Essex Deed,Book 30 7 Page or Certificate of Title No. Registration Book Page S' Appl' —rM' S' at Owner's signature and address if not the applicant: (print name} Applicant's4ddrg= ve—r, Tel. No. q 79 — 6 cF 7 6-70 Town of North Andover 4 NoRry O �'10. "6 .4, Office of the Planning Department °< Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 �ssac►►u5�j� httl2://www.towjiofi-iortliandover.coiii Planning Director: i)y�oods@townofiiorthaiidovei:.com P (978) 688-9535 J.Justin woods F (978) 688-9542 SENT LISPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED July 8, 2003 Gene Willis RE: 0 Stiles Street Form A Denial Dear Mr. Willis: At their regularly scheduled meeting of July 8, 2003, Gene Willis presented the above-referenced Form A Application to the North Andover Planning Board, The Board determined that they could not approve the Form A application because the plan does not comply with the provisions of MGL Chapter 41,Section 81P or with the provisions of the of the Town of North Andover, Massachusetts Planning Board Rules and Regulations Governing the Subdivision of Land dated November,2000,last Amended December 2002(North Andover Subdivision Rules & Regulations), for the following reasons: 1) The private way known as Stiles Street DOES NOT meet the indicative criteria for the determination of frontage in accordance with Section 3.3 and Section 3.3.1 of the Town of North Andover Rules &Regulations. Specifically, the way is not paved and is not adequate to accommodate public safety access. 2) The Planning Board has determined that the lot DOES NOT have frontage on a way that, in the judgment of the Board, has sufficient width, suitable grades and adequate access to provide for the needs of the vehicular traffic and public safety access in relation to the existing and proposed use of land abutting thereon or served thereby and for the installation of municipal services to such land(s) and/or buildings erected or to be erected thereon. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Form A Denial 0,Stiles Street July 8,2003 Page 2 of 2 For the above-stated reasons,numbered 1 and 2, the Planning Board has determined that the subject plan is a subdivision, as defined by MGL Chapter 41, Section 81L. Consequently,your Form A Application is denied without prejudice. You may re-submit the plan to the PIanning Board for approval under the Subdivision Control Law. A copy of this decision will be filed with the Town Clerk within 21 days of the submission. You are hereby notified that should you disagree with this decision, you have the right, under MGL Chapter 41, Sections P &BB, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. Please feel free to contact me if you have any questions. Sincerely, J. Justin Woods,Planning Director for the North Andover Planning Board: John Simons, Chairman Alberto Angles,Vice Chairman Richard Nardella, Clerk George White Felipe Schwarz James Phinney,Associate Member CC. North Andover Planning Board Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535