HomeMy WebLinkAbout1996 Decisions Meadowood III DEF SUB L
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. T WNOF NORTH ANDO
Any appeal shall be file ASSACEI -USETTS ju
within days after the
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fate of filing of this Notice ❑# HORTN
in the Office of the Town
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DECISION
NOTICE OF
Y�
ate
August 25, 1996 �
Da e . . . • . . • . . . . a s • r $ • ■ , • . . • • . a . • ■
Date o f H e ari n Aug■6, ■Aug+ • 1996
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Hillside Realty Corp.
Petitionof ■ . . • ■ . ■ . • ■ . . . • . . . • • . . . . . . . . . . ■ . . . . . . . . . . . . . . . . . . • • . ■ . ■ . . . . . . . . . . ■
P-remises affected Land. &■ buildings■ numbered.1�j .4rjdQverr■ wBy:.Pa'ss. . ■ . . , . . . .
Referring to the above petition for a special permit from the requirements
�
North Andover Zoning Bylaw Section 4.125 for a modification to the special
of the . . . . . . . . ■ . . . a ■ . • • . . . . . . . . . . . . . . . . • . . . . : . Vermij:. is sued. for.Meadowood• III 8/2 4/95
allow the creation of three additional lots fronting on Route 125
Andover By-pass
_, - Cr �i�ren on the above-.date , the Planning Boalid �rot-�� -
:�fter-',a pu �i-c h a zix. ..._ _ _. _
CONDITIONALLY -
. .. .... ~•�o- A�'�'�QV�. :�:: • .�; :the SPECIAL PERMIT MODIFICATION . , • . . . . . . • . • . . . -. . ._..��. . .- .,,.�- �:-
. based upon the follo�vincr conditions
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CC: Director of Public works
Building Inspector
Natural. Resource/Land Use Planner ,
��
Health Sanitarian Signed
ed
Assessors `'
Police Chief �oseph. y. Mahanex, Chairman
Fare Chief
A l .cant Richard Rowen, Vice Chairman
Engineer
File Alison Lescarbeau, Clerk, , , , . • ■ ,
l Iiteres ted Parties
Richard Nardella
John Simons
E
Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate `
Member, Richard Nardella and John Simons .
191 Andover By-pass (Meadowood III) Common Drive and Access
and
Meadowood III - Subdivision/R--6 Modification
Ms . Lescarbeau read the legal notices to open the public hearings
on the common drive and access . The subdivision/R-6 Modification
public hearing was opened at the August 6, 1996 meeting. Because
the property is all in the same location, it makes sense to speak
of this all together .
Steve Stapinski was present and stated the proposed plan is for a
common drive for lot 2M and access over lot 2M to lot 1M. Mr.
Nardella asked if this was wetland and Mr . Stapinski replied in
the affirmative . Mr. Simons questioned how this could be a
modification when it was never in the original subdivision. Ms .
Colwell stated that she understands Mr. Simons concerns, but Town
Counsel stated that a land can be added to an existing
subdivision either by modifying the original or by filing a new
plan. In this case, because there is a 3 acre minimum in the R-6
zone and this property does not contain 3 acres it must be
considered as a modification.
Mr. Angles and Ms . Lescarbeau both stated that this plan is a
vast improvement over the plan submitted a few months ago . Ms .
Colwell stated that the Board did, in fact, review a plan for 4
lots and at that time directed the applicant to return with a 3
lot plan.
The Board set the site opening bond for the Common Drive at
$5, 000 .
The Board set the site opening bond for Access at $5, 000 .
On a motion by Ms . Lescarbeau, seconded by Mr. Angles, the Board
voted unanimously to close the public hearings on:
191 Andover By-pass (Meadowood III) Common Drive.
and
191 Andover By--pass (Meadowood III) Access
and
Meadowood III - Subdivision/R-6 modification
On a motion by Mr. Nardella, seconded by Mr. Angles, the Board
voted as follows to approve the draft decisions for ,
191 Andover By-pass (Meadowood III) Common Drive
and
191 Andover By-pass (Meadowood III) Access
2
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Meadowood III- Modification
Special Permit R-6 Zoning District
The Planning Board herein approves this modification to the Special Permit issued on August 24,
1994 which allowed the construction of 27 single family homes on 5,000 square foot lots in the R-
6 zone. This modification allows the creation of an additional 3 lots (IM, 2M, and 3M) with
frontage on the Andover By-pass (Rt. 125). No new roads will be constructed. This modification
was requested by IFEllside Realty Corp., 733 Turnpike Street, Suite 311, Forth Andover, MA
01545, dated July 10, 1996 in the R-6 zone.
This modification does not supersede but is in addition to the Special Permit issued for
Meadowood III on August 24, 1995,
FINDINGS OF FACT:
The Planning Board makes the following findings as required by Section 10.31 of the zoning
Bylaw:
1. The specific site is an appropriate location for 5,000 square foot lots as it is zoned R-6 and is
adjacent to a subdivision with similar lot sizes. The creation of these lots is part of the overall
master plan for the R.-6 zone.
2. The use as developed will not adversely affect the neighborhood as the site is adjacent to
similarly sized lots.
3. There will be no nuisance or serious hazard to vehicles or pedestrians as there will be only two
curb cuts onto the Andover By-pass. In addition to this special permit, a common driveway
permit will be issued.
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use.
The Planning Board also makes the specific finding that this use is in harmony with the general
purpose and intent if the zoning Bylaw. The development is sufficiently advantageous to the
Town and promotes the public welfare, safety, and general welfare of the citizens of the Town of
Forth Andover. In particular the Planning Board ands that this project will:
1. Permit greater flexibility and more diverse efficient, and economical design of residential
developments;
2. Facilitate economical and efficient provision of utilities;
3. Meet the Town's housing needs by promoting different types of housing which is a benefit to
the residents of North Andover;
1
a) All proposed structures are to contain residential fire sprinkler systems in
conformance with the North Andover Fire Department.
7. Any action by a Town Board or Commission or Department which requires changes in the
roadway alignment drainage facilities, grading or no-cut lines may subject this decision to
a modification by the Planning Board.
8. The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees and all successors and assigns in interest or control.
9. All construction shall commence within two (2) years from the date of this approval,
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and shall be completed within five (5) years from the date of this
approval If construction has not commenced or been completed
in this time frame, this decision will be automatically rescinded.
10. This Special permit approval is based upon a Definitive Subdivision Conditional Approval
Modification. The Special Permit and Definitive Subdivision approvals are both based
upon the following information.:
Plans: Modification to the Special permit and Definitive Plan
Meadowood III
North Andover, Mass
Owner & Developer: Need to change from Quest to Hillside Realty Trust
Scale: 1' = 40'
Date: June 10, 1996
Prepared by: Merrimack engineering Services, Inc.
66 Park Street
Andover, Massachusetts 01810
Sheets.-_1 through 4
cc. Applicant
Assessor
Building Inspector
Conservation Administrator
Director of Public works
Engineer
File
Fire Chief
Health Administrator
Police Chief
3
_v
•. JQYCE BRADSNAW
. _ TOWN CLERK
NORTH ANDOVER
OCT 18 3 55 one
9s
PLANNING BOARD
.:.TOWN OF NORTH ANDUVER
MASSACIFUSETTS
.,Notice of Modification of Special Permit Moclificata on
A� a regularly scheduled meting of the Planning Board of the Town of
North Andover, Massachusetts, duly' posted, and held an October 17 1996 the
North Andover Planning Board voted unanimously to modify the Special Permit,
dated August 26, 1996, which allows for a modification to th e special permit �.
issued for Meadowood, III dated August 24, 1995, allowing the creation of three
. additional lots fronting on Route- 125 Andover B��pass, issued to "'Hillside Realty
Co�rp.", by deleting the name of Hillside Realty Corp. as the pefitioner/applicant
°> --and substituting it with "Franklin S. T.�avis, Trustee of Hillside Realty Tru�sf rY/d/t -
dated June I.G, 199� and recorded with the Essex IV�orth Regisfty of Deeds .�n Book
Signed as a sealed instrument this day of Octobe 'r,.:1996. ..
N' ndov r Pl Board
oseph . Mahoney, 'Char an
COMMONWEALTH OF MASSACT�USETTS
Essex,, ss October 96
12
�. Then personally ap�eaz�ed the above namedJoseph �1'. Mahoaney, Chairman,_.
.Of the North Ano'ver-Plgnrungpoard, and acknowledged the,foregoing instrument
'to be his free act and deed-and the free act and deed o the North,Andover
Planninr,'Board, be�oze m�,
otary Public
My. Comission Expires.: