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Home My WebLink About1985-06-17 Decision Common Dirveway DENIED AMIN, MH TOWN OF NORTIT ,A,. NDOVLR uu �,,430VEK MAS SAC I4USETTS '�II1e1 }{ ( Any appeal shall be filed 41V 1, VC7 � �� 110R7k a+ +, �ro within (20) days after the date of filing of this Notice o M A x in the Office of the Town S. Clerk. �SSACHVt-" NOTICE OF DECISION Date, •lone . . . . . . . . . . . . . . . . . . . . . . Date of Hearing , April I and 22. ♦I985 . . . Petition of , . ,Equestrian Estates Assoc. Realty. Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . . . . . • • • • , •Cats 10 and I I Laconia Circle Referring to the above petition for a special perm t from the requirements of the , North Andover Zoning By Section 2.75 Driveways A Common Driveway soas to permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above slate, `th,. Planning Board voted DENY to . . . . , . . . . . .the . . petitlon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions see attached Signed Paul A. Hedstrom, Vice Chairman • • , . John A. James, Jr„ Clerk John J• Burke Eric W, •N itzsche • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kn . . . .pla %iszg Board' How t7fiN" 1 MUM MH O F NORTH A N U O V E R A s s A C H u s E T T Any appeal shalt be filed JUN 8 s6 All Q within (20) days after the "��T 41 date of filing of this Notice In the. Oftice of .th-e Town t Glerk. Nq 17 1, �SSAcHus�� June L7, 1955 i Mr . Daniel Long Town Office Building North Andover , MA 01845 RE: Lots 10 and 11 Laconia Circle Common Driveway Special Permit Denial Dear Mr . Long: The North Andover Planning Board opened the public hearing upon the application of Equestrian Estates Associates Realty Trust on Monday evening April_ 1, 1985 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. 14 and 21 , 19135 . No testimony was taken at the April 1, 1985 hearing. The following members were present : April 1, 1985 - Michael P. Roberts , Vice Chairman; John A. James , Jr . , Clerk; Erich W. Ni_tzsche ; John J. Burke . April 22, 1985 ,- Paul_ A. IIedst-rom, Chairman; Michael. P. Roberts , Vice Chairman; John A. James , Jr . , Clerk; Erich W . Nitzsche; John J . Burke . The petitioner seeks a Special. Permit under Section 2. 75 Driveways of the North Andover Zoning Bylaw, which requires a Special X&ftfor a driveway servicing more than one lot . The premises is known as Lot 1.0 and 11 Laconia Circle, located on the south side of said road . The lot is situated in the Residential-2 (R-2 ) zoning district . Said Lots contain an area of at least one acre up to 3 acres and 50 feet of frontage (frontage exception lot ) or 150 feet of frontage . At they hearing , Mr . Tom Neve, the project enyi nee r from Neve Associates made the p.resennotion at the public hearing . o Said common drive will service lot; 10 & 11 Laconia Circle; o The. North Andover Conservation Commission denied access from Laconia Circle due to the wetland crossing. In order to gain access to the building sites on Lot 10 and 11, it becomes necessary to cross a vegetative wetland. This crossing is regulated by C. 131 S. 40, "The Wetlands Act" , under S30. 53 Laconia Circle Special Permit Page Two paragraph 3(e ) which states the following: "the act permits the following limited projects . . .the construction and maintenance of a new 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 same owner is unavailable. Such roadway or driveway shall be constructed in a manner which does not restrict the flow of water" . Tn order to comply with the precceding wetland regulation, the applicants propose to construct a common driveway along the westerly side oE Lot 11, 12 feet wide and parallel to said sideline . once on Lot Ll, the common drive shall follow an existing "woods lot" over to Lot 10. A 24 ' culvert ohalL be installed under said driveway as not to restrict the flow of water . 0 The drive will parallel a proposed common driveway to lots 12, 13 and 18. 0 The common driveway will be 12 ' in width. Discussion followed regarding alternative access to Lot 10 and 11 ; emergency access , specificatLy locating street addresses of Lots 10 and 11 Laconia Circle with access off Equestrian Drive . The Planning Board informed the applicant that Section 2 . 75 of the North Andover Zoning Bylaw does not permit one driveway to service any more than 3 lots by Special Permit . This proposal is viewed as a circumvention of that law, whereby Lots 12, 13 and 18 have an abutting proposed common driveway. The combined width of these 2 drives could fall under the provision of a subdivision road , thus a subdivision plan would have to be filed with the Planning Board . The following members were present and voting at the June 17, 19B5 meeting when the Board rendered their decision: Paul A. Hedstrom, Vice Chairman; John A. James ,Jr . Clerk; Erich W. Nitzsche; John J . Burke . Upon a motion miade by Mr . Nitzsche and seconded by Mr . James , the Board voted to deny the petition for a Special Permit to allow for a common driveway for Lots 10 and tI Laconia Circle , based on the following; 1 . The applicant ha,3 not deflionstrateA that there is not an alternative access to Lots 10 nd 11 and has therefore not exercised the various options . 2. The proposed common driveway location for Lots 10 and 11, in combination with that proposed for lots 12, 13 and 18 clearly circumvents the purpose and intent of Section 2. 75 of the North Andover Zoning ByLaw . r Laconia Circle m Special Permit Page 'Three In denying this Special Permit request , the Planning Board, pursuant to Section 10. 31 - Conditions for Approval of Special Permits of the Zoning Bylaw, finds the following: a) the proposed common driveway is not the appropriate location for such a structure; b) the common driveway as proposed will advorsel.y affect the neighborhood due to its relative placement with the proposed driveway location on Lots 12, 13 and 8. Lots 12, 1.3 and 18 would have a :24 foot wide driveway which constitutes the paved portion of a subdi.visin road, therefore the applicant must comply with the North Andover Subdivision Rules and Regulations; c) the driveway will pose a nuisance and hazard to vehicles , particularly emergency vehicles regarding conflicting street address and actual access to the dwellings . Based on site visits , the public hearing process , and testimony from town boards and departments , the proposed common driveway is not in harmony with the general purpose and intent of the 'T.`own' s Zoning Bylaw, specifically, Section 2. 75. "A way :Located on a Lot which provides vehicul.ar access to the buildings on the Lot . Each driveway shall service no more than one lot . Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more than three ( 3 ) Lots . '' Sincerely, PLANNING BOAt'W Michael P. Roberts Chairman MR: K-N, cf c c: WE Fire Chief Highway Surveyor. Public Works Conservation Commission Police Chief Board of Health Building Dept . AppL.i cant Engineer File Interested Parties