HomeMy WebLinkAbout2017-03-07 Common Driveway, Frontage Exception & Access Other than Legal Frontage SP 04-27-2017 a 02 ; 31 rs 1�CiMIV'�0 '' Town of North Andover I.OWN CLERK'S OFFICE • Office of the Planning Department Community Development and Serviee4WRyMp_8 PM Z; 01 120 Main Street North Andover,Massachusetts 01845 TOWN OF NORTH ANDOVER NOTICE OF DECISION MASSACHUSETTS - COAMON DPJ"WAY,FRONTAGE EXCEPTION&ACCESS OTHER THAN LWAL• FRONTAGE SPECIAL PERMITS This is to OwWly that Evienty(20)day. Any appeal shall be filed have elapsed from date of decision,fiE(s:! within(20)days after the w1ftut Ift of an gal. date of filing tlds notice in ��A. the office of the Town Clerk. Town Cleric Date: March 7,2017 Date of Hearings: January 31,2017,February 21,2017,March 7,2017 Date of Decision. March 7,2017 Petition of: Livingston�Development PO Box 50 Tewksbury,NIA,01876 Premises Affected: 1975 Salem Street aka 0 Salem Street, North Andover, NIA 01845, Map 106W Parcel 16 within the R-2 zoning district. Referring to the above petition for a Common Driveway,Frontage Exception and Access Other Than Legal Frontage Special Permits from the requirements of the North Andover Zoning Bylaw,Section 2.20.11,7.2.1, 7.2.2, 10.3 and 10.31 So as to allow the subdivision of a 7.80 acre parcel into three lots;with one lot(Lot 3)conforming to R,2 zoning regulations in area and frontage.For the remaining two(2)lots(Lot 1 &Lot 2),the Applicant seeks Frontage Exception Special Permits,Access Other Than Legal Frontage Special Permits,and a Common Driveway Special Permit.The property is located in the Residential 2(R 2)zoning district. After a public hearing given on the above date, and upon a motion by David Kellogg and 2' by Peter Boynton to APPROVE two Frontage Exception(Lot 1 &Lot 2),two Access Other Than Legal Frontage(Lot 1 & Lot 2), and a Common Driveway Special Permit(Lot 1 & Lot 2)based upon the following conditions. Vote was 5-0 unanimous in favor of the application. • � r On beh f the North Andover Planning.Boaird John Simons,Chairman �\.ATTEST: r'1 �,yWle R11dt1xC�C1 7t cue Copy David Kellogg �.�<atadaa� TPWn Clerk :. fora McSherry Peter Boynton Bk 15060 Pg61 #10283 So as to allow the subdivision of a 7.80 acre parcel into three lots; with one lot (Lot 3) conforming to R 2 zoning regulations in area and frontage. For the remaining two (2) lots(Lot 1 &Lot 2), the Applicant,seeks Frontage Exception Special Permits, Access Other Than.Legal Frontage Special Permits, and a Common Driveway Special Permit. The property is located in the Residential 2 (1t-2) zoning district. These Special Permits were requested by Livingston Development Corp., PO Box 50 Tewksbury, MA 01876. The Applicant submitted a complete application, which was noticed on February 7 and February 14, 2017, and reviewed in accordance with Section 2.30.11, 7.2.1, 7.2.2, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The Planning I3oard voted unanimously in favor of the Special Permits. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right,under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 2.20.11, 7.2.1, 7,2.2, 10.3 and 10.31of the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, is met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT-. Permit Definitions: a) The "Locus" refers to the approximately 7.80 acre parcel of land with land fronting on Salem Street as shown on a portion of Assessors Map 106B Parcel 16, and also known as 1975 Salem Street aka 0 Salem Street,North Andover,Massachusetts. b) The"plans"refer to the plans prepared by Christiansen&Sergi,Inc.dated October 3,2016 and revised December 28, 2016 consisting of Sheets l 4, titled "Site Plan for Special t6V. I� Permit for Lot 1 1`yp,Il_ -3 Salem Street North Andover, Mass.", record owner Lois LaChapelle, ���� 931 Wilton Road, Mason, NCI 03048 and Applicant Livingston Development Corp., PO Box 50,Tewksbury,MA 01876. e) The"Project" so as to allow the subdivision of a 7.80 acre parcel :into three lots;with one lot (Lot 3) conforming to R-2 zoning regulations in area and frontage. For the remaining two (2) lots (Lot 1 & Lot 2), the Applicant seeks Frontage Exception Special Permits, Access Other Than Legal Frontage Special Permits, and a Common Driveway Special Permit.The property is located in the Residential 2(R--2)zoning district. d) The "Applicant" refers to Livingston, Development Corp., the applicant for the Common Driveway,Frontage Exception and Access Other Than Legal Frontage Special Permits. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner 1. The application adheres to the bylaw restriction that no more than two(2)lots(Lot 1 &Lot 2)be serviced by the common driveway. 2. The specific site is an appropriate location for access to the lot given the current and projected traffic on the roadway and the site distance to adjacent driveways and roadways. 3. The design and location will not adversely affect the neighborhood. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. Common Driveway,Frontage Exception& Access Other Than Legal Frontage Special Permit 1975 Salem Street aka 0 Salem Street Page 2 of 5 Bk 15060 Pg62 #10283 5. Adequate standards have been placed on the design which will meet public health and safety concerns. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use., 7. The specific location of the common driveway and the access across the adjacent lot's frontage is appropriate due to the presence of wetlands between the street frontage and the building portion of the lot(s). The design and location of the common driveway will result in less disturbance and impact on the local environment. 8. The Applicant has proposed a design that will limit the level of land disturbance as opposed to the disturbance a Subdivision would have in this particular area.. 9. The Board discussed the level of disturbance and based on the designs proposed decided that the. design showing a 14%slope as opposed to the 120K slope would result in less land disturbance and is the preferred option in this area. 10. The area of the lot exceeds three(3)times the minimum lot area required for that district. 11, The lots(Lot 1 &Lot 2)have a minimum continuous street frontage of not less than fifty(50)and a width of not less than fifty(50)feet at any point between the street and the site dwelling 12. There is not more than one other such lot with frontage contiguous to it. 13, The creation of the frontage exception will not adversely affect the neighborhood. 14. The creation of the frontage exception lot is in harmony with the general purpose and intent of this Bylaw. IS. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Pennit applications. Upon reaching the above findings,the Manning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 16. This decision and site plan must be,filed with the Forth Essex Registry of Deeds and two(2)copies submitted to the Planning Department. l 7. Basements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be presented to the Director of Planning to review. When the Director of Planning deems the easement adequate,a copy must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 18. The Applicant shall submit a certification letter from.a registered engineer that the site was constructed in compliance with the NFPA 1 regulations. If this certification is not provided residential sprinkler systems must be installed, 19. The Applicant shall file with the Department of Public Works(DPW)for a Driveway Permit for all three(3)driveways shown on the Site Plan, Common Driveway,Frontage Exception& Access Other Than Legal Frontage Special Permit 1975 Salem Street aka 0 Salem Street Page 3 of 5 Bk 15060 ' Pg63 #10283 20. In consideration of the approval of the Plan,there is to be no finiher division or subdivision of a part or portion of the parcel. This restriction is to be documented in the respective deeds for each Lot in the Plans. 21. Any changes made to these plans must be approved by the Director of Planning. Any changes deemed substantial by the Director of Planning would require a public hearing and a modification by the Planning Board, PRIOR TO ANY SITE DISTURIEUNCE 22. After the 20 Day Appeal Period of this decision,and within 30 days of that date,the Applicant shall file a Form A application for approval of an Approval Not Required Plan(ANR Plan)to divide:Map 106B,Parcels 16 into three(3)lots(Lot 1,Lot 2&Lot 3), as identified on the Plans referenced in this decision. 23. The Applicant shall apply for and gain approval for a Land Disturbance Permit(a Land Disturbance Permit is triggered when activities entailing land disturbance in surface materials over 43,560 square feet) This permit application shall include all lots(Lot 1,Lot 2&Lot 3)as they are the original lot part of a larger"commons plan". GENER"CONDITIONS 24. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 25. Gas,telephone,cable,and electric utilities shall be installed as specified by the respective utility companies. 26. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 27. No underground foe]storage shall be installed except as may be allowed by Town Regulations. 28. The provisions of this conditional approval steal l apply to and be binding upon the Applicant,its employees and all successors and assigns in interest or control. 29. Pursuant to the North Andover Zoning Bylaw Section 10.31.3,this Special Permit shall be deemed to have lapsed after March 7,2019(two years from the date the permit is granted),exclusive of the time required to pursue or await determination of any appeals,unless substantial use or construction has commenced within said two-year period or:For good cause as determined by the Planning Board: 30. The following shall be deemed part of this decision: Plan titled: Site Plan for Special Permit for Lot 1 3 Salem Street North.Andover,Mass. Prepared for: Livingston Development Corp. PO Box 50 Tewksbury,Massachusetts 01876 Prepared by: Christiansen&Sergi,lac. Common Driveway,Frontage Exception& Access Other Than Legal Frontage Special Pennit 1975 Salem Street aka 0 Salem Street Page 4 of 5 Bk 15060 Pg64 #10283 160 Sumner Street Haverhill,MA 01830 Scale: P-50, Date: October 3,2016 Revised December 12,2016 Sheets. 1 through CC: Applicant Abutters Common Driveway,Frontage Exception& Access Other Than Legal Frontage Special Permit 1975 Salem Stmet aka 0 Salem Street Page 5 of 5 N yAN.A j r f IM !II y,, f ,IMl�9,n m � � V 1 W fe Ln 'q is StTL �, /'' C� / I'�, t �;�.-�4 nAu•,own+ r� /V�) nncu0aam f Ter,t. . © '' pyb � :�µ� ''`S�s.` �,/" r -•. /wnxr�',`,a,r°�r.-ti. � ff G '' LOCt7SJ M P - -,.� :�„±,^�.'`'Y_ �JU.0 r•.fpp �, JJ �� wrtn,er q ✓ it i a�§E55ORS REF_fR_ENC .+�a�wesan 1, j�, 1 � 1`� '' � ; �✓�/'`�r i',�`, Upq EET]REFERENCEwc.w__e+aY'�! rn`c`o.dr"nr L f /ter'~• ZONING OtSSR1CT'R2 r"�', / wH.tor.... 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