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HomeMy WebLinkAbout1985-06-17 Decision 3-Common Driveways DEF SUB DAI�i, Iw[3);� T0W �OWN OF NORTH AND OVER NORTHa i► V HASSACHV $ ETTS JU ) ., 1 9 '85 Any ap gal s',a`I be filed within �O) days after the date of,fiiing of Iq Nonce In the Office o# the Town Cleek, Ssn[IeU`+Ei NOT CE' OF DECISION June 17, 1985 Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Hearing April,l. . . . . . . . . . . Petition of ,Equestrian Estates Assoc.. Realtv.:l'rust . . . . . . . . . . . . . . . . . . . . . . . . . . . . I)Lots 29. 30. 32 Laconia Circle,2)Lots 23,24 Equestrian Drive Premises affected . . . . . . . . and�Lot �31� Laconia C�lrcle, 3)Lots .1.2,.1.3 Laconia. . ircl� and Lot 18 Equestrian Drive Referring to 'he above petition for a special permit from the requirements of the . . . . . . . . . . North Ar)dover, ?Qning, Bylaw, Section 2.75.DrivewaYs. . . . . . . . . . . . . . . . . . . . so as to permit . . . . . cgrlstrugtiQn,of three common,driveways, , , , , , , , , , , , , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted to . . .ANT . . . . . . .the . . . . APPLICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions Signed - Pau1 A. Hedstrom, Vice Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John A. James,Jr. ,Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John J. Burke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Erich W. Nitzsche . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kn . . . . . . . .Manning. . Board. . . . . . . . AWN OF NORTH ANDOVER M A S S A C H U S E T T S A0Y appeal shall be filed JUN Z' 29 AN r8S Yithln 90),days after the oT date of filing of :phis Notice In the .Office of the Town oil Clerk. �,o.,<s. .. ,> 955�<Nuset June 17, 1985 Mr . Daniel Long, Town Clerk Town Office Building North Andover , Ma 01 845 Re: Common D.rivelay Special Permits 1 ) Lots 29, 30, 32 Laconia Circle 2) Lots 23, 24 Equestrian Drive Lot 31 Laconia Circle 3) Lots 12, 13 Laconia Circle Lot 18 Equestrian Drive Dear Mr . Long: '>'_'he North Andover Planning Board opened the public hearing upon the application of Equestrian Estates Associates Realty Trust on Monday evening , April. 1, 19B5 and continued said hearing to April 22, 1985 in the Town Office Meeting Room . The hearing was duly advertised in the North Andover Citizen on March 7 and 14, 1985 . No testimony was taken at the April 1, 1985 hearing. The following members were present : April. 1 , 1985_ - Michael 13. Roberts, Vice Chairman; John A. Jamis-,�Jr . ,C1_erk; Er. i.ch W. Ni.tz;sche; and John J . Burke . April 22, 1985 - Paul A. iled:stram, Chairman; Michael P. Roberto , Vrcc ChS1rmV; John A. James ,Jr. . ,Clerk; Erich W. Nitzsche; and John J. Burke . The Petitioner seeks three ( 3 ) Special Permits under Section 2. 75 Dr. iveways of the North Andover Zoning Bylaw, which requires a Special Permit for a driveway to service more than one lot . The premises are known as 1) Lotus 29, 30, 32 Laconia Circle ( Located on the south side of Laconia Circle; 2 ) Lots 23, 24 Equestrian Drive and Lot 3t Laconia Circle (located on the south side of Laconia Circle and west side of Equestrian Drive ) ; and .0 Lot; 12, 13 Laconia Circle and Lot 18 Equestrian Drive (;located on the south sick: of Laconia Circle and east side of Equestrian Drive) . All of the .referenced lots are situated in a Residential - 2 ( r--2 ) zoning district . Said lots contain an area of at least one:., acre up to three acre, plus , and have S0 feet- of frontage ( frontage exception tot ) or 150 :feet of frontage . Equestrian Estates - Special Permits Common Driveways Page Two At the hearing, Mr . Tom Neve , the project engineer from Novo Associates made the presentation at the public hearing . Said common driveways shall service no more than three house lots , (as specified below) ; Lots 29, 30, 32 : In order to gain reasonabLe access to CO-Es 30 and 32, the applicants propose to construct a common driveway over Lot 29 and 31 to gain access to Lots 30 and 32 . According to Mass Electric, their policy rcquiros access under their high tension lines to be perpendicular to their easement . The location of this common driveway complies with their policy, but also minimizes the impact on the environment . Lots 23, 24 Equestrian Drive and 31 Laconia Circle: Y OCR& to-AFARY& t-h&-TmQa-EE- he environment and to provide acceptable means of access to each proposed dwelling site, the applicants propose to construct a common driveway crossing the legal frontage of hot 24, continuing along and near, an existing woods road over. Lot 23, 24 and to Lot 3L . This driveway shalt have a dual purpose; provide practical and reasonable access to all building sites and, secondly, it will be constructed in such .a way which shall result in hydrologic impoundment . It will create a retention storage pond which will function to mitigate flood storage, storm damage prevention as well as provide compensatory wetlands . 71 12 inch culvert shall be installed as shown to meter the retention. Lots 12, 13 Laconia Circle and 18 Equestrian Drive: In order W-gain access to the 550dini-sites on Lot 12, 13 and 18, it became necessary to cross a vegetative wetlanG. This crossing is regulated by Ch. 131 Section 40, ''The Wetlands Act ' under Section 10. 53 paragraph 3(e ) whWh states the following: ''the act permits t h e following limited projects —the construction and maintenance of a now roadway or driveway of: minimum legal and practical width acceptable to the, Planning Board where reasonable alternative means of access to an upland area of the sumo_ owner is unavailable . Such roadway or driveway shall be constructed in a manner which does not restrict the flow of water" . Thus the applicants propose to construct a common driveway along the easterly sideline of Lot L2, 12 feet wide and parallet to said sideline . A 24 inch culvert sba-11 Joe installed under said driveway so as not to restrict the flow of water . Equestrian Estates Special Permits Common Driveways Gage Three Discussion followed regarding alternative access . Also attention focu od on the fact that some of the Lots will not have driveway acces3 from the street in which their fronL-age exists . This could pose a danger in the event of an evrtergency Wien determining the hou e. address and gaining access from a different street . The following members were present and voting at the June L7, 1985 meeting when the f)oard rendered their decision: Paul A. Hedstcoirc, Vice Chairman; John A. James ,Jr . ,Clerk; Erich W . Nitzsche; and John J. Burke . MOTION: By Mr . Ni t zs the SECOAVD: By Mr. . James Vote: To approve the three ( 3) Special Permit applications for Equestrian Estates Associate's Realty Tru:ft, plan dated January 3, 1985, prepared by Thomas E. Neve Associate, of. Topsficld , Ma. , subject to the following: I, . Eacfi common driveway shall L provide access to Lots i0y way of the road. where Lbe legal frontage exists . This will eLiniinate pote:nti.al_ confusion on the pact of emergency vehicLes , spc-cif i.cally Lots 31, .12, 1.3, 18. 2. Bach appropriate, common driveway shall be sbown. on plan and refer. enced. in dead as easements . 3. A driveway permit sha1_l be obtained -from the Highway Surveyor . 4. `.C"lie town of North Andover_ sha.Ll not be responsihic for maintenance or servicing of said common driveways . 5. Each Lot served. by a common driveway shall 'have a covenant running in perpetuity with the land detailing tho maintenance responsibility of each lot owner . Language to be reviewed by `'own Counsel and Planning Board prior to recording at ti-10, forth Essex Registry of heeds by the Trustees of Equestrian Estates Associates Realty Trust . 6. on the common d c i veway ea a ement at the intersection of the right-of-way a sign shall_ be posted (to be reviewed and approved by the Zoning Inspe:cLor ,, Fire Chief and Pla.nninq Board) with the addresses of common driveway lot owners . A reference of the required sign steal L bo placed in the covenant and deed of the lot owner . 7. Turnouts shall be provided in sufficient width for fire department apparatus , to be specified apd reviewed by the Fire Chief and Planning Board . A Letter from the Fire Chief shall be forwarded to the Planning Board confirming that each driveway has sufficient width and turnouts to provide the necessary fire protection to each dwel. Ling. Eqestrian Estates Special Permits Common Driveways Page Four 8, Upon completion of the common driveway, the applicant shall request a letter of compliance from the Planning Board accompanied with a letter from the project engineer who prepared said plan stating the work has been done in accordance with plan and approval specifications . 9. Hydrzints shall be provided as specified by the Board of Public Works and Fire Department . In granting the three ( 3 ) Special Permit reqUeStS , the Planning Board, pursuant to Section 10. 31 Conditions for Approval of Special Permits of the Zoning Bylaw, finds the followings a. The proposed common driveways are appropriate locations for such a use; b. The com)t,ts3 driveway as proposed, with the required changeb , will not adversely affoct the neighborhood, C. There will be no nuisance or serious hazard to vebi.cles or pedestrians by the construction of common driveways; d. Adequate and appropciatc facilities will. be provided for tho proper operation of the proposed use, specifically by means of --I recorded maintenance agreement; Based on site visits , the public hearing process , and testimony from town boards and departments , the 'proposed common driveways are in harmony with the general purpose and intent of the Towns Zoning Bylaw, specifically Section 2. 75. "A way located on a lot which provides vehicular access to the buildings on the lot . Fach driveway shall service no more than one lot . Subject to the granting of a Special Permit from the Planning Board , a driveway may be sharo;.d by not snore than three ( 3) Ints . Eacil such shared driveway must be recjulated by a recorded maintenance -Agreement- running in perpetuity with the land . " S i n cc-,r el-Y, PLANNING BOARD Paul A. 11odstrom, Vice Chairman PH/kn cc: DISor" }moire Chief Highway Surveyor Public Works Conservation Commission Police Chief Board of Health Building Inspector Applicant Engineer e Intere5ted Parties