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Home My WebLink About1986-07-08 Decisions DEF SUB A, nyoppecil sha", i ,e filed MUM MH ., r!t� :► W; (20) days after tiPQ3 W N Or, N O R T 11 A N D O V E xt date of filing of this Notice gar A s S A C n V s E T T s In the Office of th.e'Town f JUL ! ]+ Clerk. 1 �SS�c�wSt� 1, NOTICE OF DECISION Date. . . . July . . . . . . . . . . . . Date of Hearing . , , .June. .16 i , 19.86 Petition of . , , , , , • EQUESTRIAN. ESTATES .ASSOCIATES. . .REALTY. .TRUST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected • , , , , Laconia .Circle .;, Lots , 1A & 1D . . . . . : . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . . . , , , North Andover. Zoning. Bylaw. Section 2 . 30 . 1 , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . so as to permit . . . . . .construct;ion of .a, common• driveway . , . , , , . . , < < . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted conditionally to . , .approve. . . . .the . . . . . . . . Special. . . . .Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions : Signed 2A.bexts.,. Xico-.Chairman .�h ,�.•, .� k�. . . . . . . . . . . . . . . . . Paul A. l�lanning Board Any-Oppeal st-wil be filed WHIN Mfl RE&nvu) ININD(20) eays after the DANK)TViy TOWN OF NORTH ANDOVER dot$-41filinc,, of this Notice 120 Main Street III ONO Office of the Town North Andover, MA- 01845 A 9 685-4775 CAerk, .E S t I July 7 , 1986 Mr . Daniel Long, Town Clerk Town Hall North Andover, MA 01845 RE: Lots IA & ID Laconia Circle Common Driveway Special Permit Dear Mr . Long: The North Andover Planning Board opened a public hearing upon the application W EQUESTRIAN ESTATES ASSOCIATES RJ,,AL,TY '('RUST on Monday evening, June 16, 1986 in the Town office Meeting Room. The hearing was advertised in the North Andover Citizen on May 29 and June 5, 1986 . The following members were present at the June 16 , 1936 meeting : Michael Roberts, Erich Nitzsche, John Simons, John Burke, and PaQl Redotrom. The petitioner seeks a Special Permit for a Common Driveway to service two lots (1A & ID) on Liiconia Circle of the Equestrian Estates Definitive Subdivision under Section 2 . 30 . 1 of the: North Andover Zoning Bylaw. Both lots are in the Residential 2 ( R2 ) Zoning District designation containing an 1 . 22 acres in Lot 1A with 150 feet of frontage, and 14 . S4 acres in Lot ID which is a Frontace Exception lot. The property is under the ownership of Kenneth Hyde, Trustee for Equestrian Estates Associates . At the hearing the following discussion Look place : John Simons read the legal notice and -letters- from the Conservation Commission and Board of Health. Mr . George Pelletier represenLod Equestrian Estates. - the original plan was to service both IWOg),lyH ),� fea eparLe " driveways, however after discussions with NA ters, Conservation and the Planning Board, �juvoqlti(-)Ug I-ly would Avg have the least impact on the wetlands and ab - P -operty; - a minor driveway widening would be required to 16 feet, the dwellings and septic systems have been moved as well further into the lot ; - will not run a water main up to the dwelling on Lot ID, as an alternative the dwelling will have a residential sprinkler installed per Fire Code Regulations; Abutters comments : Mr . Easton of Crossbow Lane requested details of scenic easement to be provided at the area of the circle In front of Tr,uosdale ' s, to be maintained by the Truesdale ' s . Mr . Truesdale reiterated this concern. - conservation will need to approve the proposed modification; - The applicant shall provide the easement in writing for review prior to issuing a decision; and a restriction will be placed on the deed to lot IA restricting any buildings in the easement or under powor line; Pending the submiLLat of the Covenant Agreement for the Common Driveway and review of the scenic easement for Truesdale, the board t00% the matter under advisement and closed the public hearing. The Planning Board rendered their decision at the July 7, 1986 meeting. The Collowing members were present -And voting : Erich Nitzsche, Michael Roberts, John Simons, John BurRe, Paul Hedstrom. MOTION: JOTIN BURKE. SECOND: PAUL HEDSTROM VOTE : UNANIMOUSLY to conditionally approve the COMMON DRIEVEWAY Special Permit for Lots IA & ID Laconia Circle as shown on plans dated June 18, 19R6 and June 2 , 1986 prepared by Thomas Neve Associates of TopsCield, MA. subject to Lhe following : 1 . The applicant shall comply with any and all. orders of conditions issued by the NACC due Lo the combining or driveways . 2 . Lot ID shall have a covenant speciFying that the dwelling shall have a residential Sprinkler system installed in compliance with NFPA 13D and the approval of the Fire Chief . Water service to the dwelling shall be a minimum of 1 1/2 inch copper pipe. 3 . The, common driveway easements shall be shown on plan and recorded at the Registry of Deeds and referenced in the deeds as easements . All conditions shall be listed on plan. 4. The Town of North Andover shall riot be responsible for maintenance or servicing of said common driveway. .5 . The covenant running in perpetuity with the land shall be ''t1b recorded along with this decision E s e g i G L ry �,V.,� ., x Re .. 1 k i,' of Deeds by the Of Realty Trust . S' . ;.,, n ung Board for - .' I documents shal.1 be forwarded to Oie Plain a Confirmation of recording. JUL '3 1105, Nj� 'A G. On the common driveway easement at the inter-,ection or the right of way, a sign shall be posted. ( to be reviewed and approved by the Planning Board and Firo- Chief ) with addretAses of common driveway lot owners. A refecence of the required sign shall be placed in the covenant and deed of each l-ot Owner . 7 . free cutting shall be kept to a minimum for clearing of house, on both lot,-, iand for the driveway construction. 8 . Upon compleLion of the dHveway, the aplicant shall request a IcLter Of compliance from Ule P.Iannin(j Board accompanied by a leLter Groin the project engineer who prepared Lhe plan staLing the work has been done in accordance with I-Ile plan and approval specifications listed : The Planning Board orders of conditioru; listed number I through 8, Letter dated June, 23 , 1986 frow LANDMASS which details placing Lho house on Lot ID further back iriLo the site Lo winimize we tli-.ind impact.,;, Plari:ii dated June 2 and June 1-8, 19BG; SlqhL easement to Truosaale from Kenneth Hyde and William lannazzi . Tn accordance with the Covenant dated July, 1986 . The scenic ea.seinenL from Ken Hyde and W. larinazzi to Truesdale etqx shall )',)e recor(-Ied at the Registry of Deed,3 . -In granting the common driveway Special Permit request, the Planning Board pursuiant to Section 10.31 ® Conditions for Approval of Special Permits of the Zoning Bylaw, finds the following : a. The proposed common driveway as proposed, is appropriate locatlons for such et use; b. The common driveway will riot adversely affect, the neighborhood due to the fact that it wi. 1-1 have less vi..'�Ilal impact on abutting property and less of an impact on the wetlands instead of two separ;--iLe, drives for Lot IA and ID; C . There wi..11. be no nuisance or serious hazard to vehi.cle,-, or pedcsLrians [-.)y the construction of the cOH111101-1 drive due to s-uffi.'cient sight distance; d. Adequate and approprlate facilities will he provided For the proper Operation of Lho proposed use, specifically by iftean", of the rocnrded maintenance agreement, posting of addresses, and spri,nklor installaH,on . Based on site visits, the public boaring proc(-:ss,, and tes-t-Imony from town hoardo and departmerxLs , the proposed common driveway us In harmony with the, general purpose and interit of the Town Zoning Byl.�--iw, Section 2 . 30 . 1 Driveways . D A H I X JUL f 108 AM 036 PLANNING BOARD Erich W. Nitzscllo-4114-�-- rittan EM/kn CC: Fl.re Ch-i.of Tli.ulliqay P o b 1. 1 c Wor k.-, NACC P01A.Ce, Cld.ef Ifeal t1i BuiMing Al-,)p"l.I can L n o c r 1, 1,e Interested ParH.es p t,.r Any appeal shall be fi jftfAWN Or NOILT1-1 ANDOV within 2a days after the M A S S A C x U S r T T S HO ( f Y e �"I� date of filing of this Notice �g In the Office AL of the Town ° Clerk. �1SsAC'HUSE{4� e. NOTI CE OF DECISION Date. . . . Julx . 8.,. .19 8 6. . . . . . . . . . . Date of Hearing Petition of . . . . . . . ASSOCIATES, ,REALTY TRUST . . . . . . . . . . . . . . . . Premises affected . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . . . . .NQrt1 . .AndQvex .ZPA. ng. PY.�-IV. S.e.ctim .?,4. 1. . . . . . . . . . . . . . . . . . . so as to permit . . . . . . . .QQ Stx:uGt7 ri '.q . .qR R .dr�.VAWay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted conditionally to . . .appxQVP. . . . .the . . . . . . . .SPvpi,'Al ,Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y based upon the following conditions Signed ,Erich ,W= , Nit;zsche, ,Chairman. Michael P. Roberts Vice-Chairman . . . . . . . . . John Br Simons, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John J. Burke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Paul A. Hedstrom . . . . B . . . . .oard. . . . . . . . . . . . 'l'lanni�g H HUI Any appeal aW be filed Whin (20)days after the TOWN OF NORTH ANDOV*,,-,","' date of filing of this Notice 120 Main Street North Andover, MA. Ot84AL In the Office of Ow Town 685-4775 CIO& qORYH July 7 , 19H6 Mr . Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 RE: Lots 10B, 11A, 12A Laconia Circle Common Driveway Special Permit CONDITIONAL APPROVAL Dear Mr. Long: The North Andover Planning Board held a public hearing upon the application of EQUESTRIAN ESTATES ASSOCIATES REALTY TRUST on Monday evening, June 16 , 1936 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on May 29, and June 5 , 1986 . The following members were present at the June 16, 1986 meeting: Michael Roberts, Erich Nitzscbe, John Simons, John Burke, and Paul Hedstrom. The petitioner seeks a Special Permit for a Common Driveway to service three ( 3 ) lots (10B, 11A, 12A) on Laconia Circle of, the Equestrian Estates Definitive Subdivision under Section 2 . 30. 1 of the North Andover Zoning Bylaw. The referenced lots are in the Residential 2 (R2 ) toning District designation. Lots 10B, 11A, 12A all have over, one acre of land and 150 feet of frontage. The property is under We ownership of Kenneth Hyde, Jr . , Trustee for Equestrian Estates Associates Realty Trust . At the hearing the following discu5sion Look place: John Simons read the legal notice and letters from the Board of Health and ConBervaLion Commission. Mr . George pelleteir represented Equestrian Estates . The roposal 60fet?his common driveway evolved from a previous o. qlq, it on driveway access from Equestrian Drive with legal frontage T6 Laconia Circle, Th( another previous coninion driveway was within a few feet of cominon driveway, therefore creating a roadway in the opinion of the Planning Board; This proposal delineates a driveway crossing a connected wetland along the front of these lotf--, at its narrowest point . 'Phis was achieved by purchasing abutting land; - The alLerviative is three separate driveways crossing very wide po,rLions of the wetland causing signi.f i cant filling by the applicant; - The Conservation Commission recommends -this crossing at the narrow location with a stone wall retainiric 4 on both sides which lessens th(--3 square footage of fill . A wetland replacoment plan will be. instituted. Pending the submittal of the Covenant Agreement for the Cot-anion Driveway and corifirination of the above with the NACC, the board Look the waLLer under advisement and closed the public hearing. The Planning Board rendered their decision at the July 7 , 1986 III e e t i rig. The following mt::mhers were present and voting : Erich Nitzsche, Michael- Roberts, Paul fln-dr,,troni, John Simons, '.John Burke. MOTION: MICHAEL ROBERTS SECOND: JOHN BURKE VOTE.: UNANIMOULSY to conditionally approve Elie COMMON DRIVEWAY Special Permit for Lots 10B, 11A, 12A Laconia Circle as shown on plans dated May 19 , 1986 prepared by Thomas Neve, Associates of Topsfiel.d, MA. subject to tbe following- 1 . The applicant shall comply with the NACC orders of conditions issued on July 7 , 1986, DEQE File No. 242-357 . 2 . The common driveway easemeiriLs shall be referenced in the deeds of Lots 10B, 11A, 12A as access easements and will be shown on plan to be recorded at the Registry of Deeds. All conditions shall be listed on plan rioting Special Permit-, for Common Driveway. 3 . The Town of North Andover .,,hall- not be :responsible for maintenance or servicing of said driveway. 4. The covenant running in perpetuity with the specified lots- shall be recorded along with this decision at the: North Essex Registry of Deeds by the Trustees of Equestrian Estates Realty Trust . Said documents shall be forwarded to the Planning Board for confirmation of recor(linq prior to any construction activity cominencos,. 5 . At the end of the common (1riveway at the intersaec Lion of the right of way, a sign shall be posted ( to be reviewed and approved by the Planning Board and Fire Chief ) with the QAQ I On 4 NORT! U addresses of c IMTn riveway 'lot owners clearly visible. A reference of Ale iQY AM sign shall be placed in the covenant and deed of each lot owner to run with the land. 6. Upon completion of the driveway, house construction and landscaping, and prior to the issuance of an occupancy permit, the applicant stall request a letter of compliance from the Planning Board accompanied by a certification and as built plan from tho project engineer who prepared the plan stating that the work has been completed in accordance with the submittal plans, approval of other town departments and this conditional permit . 7 . The driveway shall be staked for viewing by the PI-anning Board or designee for the purposes of determining the extent of tree &Learing for driveway construction prior to construction. In granting the common driveway Special Permit request, the Planning Board pursuant to Section 10. 31 - Conditions for Approval of Special Permit, finds the following: a. The proposed common driveway as proposed on the design plan, is an appropriate location for use; b. The common driveway will not adversely affect L h e neighborhood due to the fact that it will have less of an impact on the bordering wetlands on Site . The alternatives being extensive wetland filling for three separate driveways at the widest expanse of wetland ; c. There will be no nuisance or serious hazard to vehicles or pedestrians by the construction of the common driveway at the specified location due to clear oight distance in both directions of Laconia circle; d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use, specifically by means of the recorded maintenance aqr !oment, posting of addresses, and turnouts for emergency vehicles . Based on site visits, the public hearing process, and testimony from town boards and departments, the proposed common driveway is in harmony with the general purpose and intent of the Town Zoning Bylaw, Section 2 . 30 . 1 Driveways . Sincerely, PLANNING BOARD Erich W. Itz the Chairman DANK 1 TOW JUL 9 03 EN/kn cc: Fire Chief Highway Public Works NACC Police Chief Health Building Applicant Enyinecr File Interested Parties