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HomeMy WebLinkAbout1987-04-27 Decision Hawkins Ln. Common Driveway Lots 4(39) & 5(9) TjJ+TO W;N OP' NORTH ANi7C1VRR NOR1lq ASSACFIU SETTS MAY 5 � 5, �� �a1 140",N 00, Any appeal shall be filed within (20 _ ) days after the date of filing of this Notice SA "�S`` in the Office of the,Town Clerk. . NOTICE OF DECISION Date. . .Ap:rJ L .27 , . �AR7 . . . . . . . . . Date of Hearing .0arph .2 , . 1.9.$7 . Petition of . . . . . . . . .George. .Zarr . . . . . . . . . . . ... . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . Premises affected . . . . . . . .Hav�k�riS .�Gan�... .�q �. .4 .&. �. .(.57,>~m .F4 �S. , .���). . Referring to the above petition for a special permit from the requirements of the . . . Raxth. Axidovex. .ZQuirig .ByIax,. .Secti.Qm. 2...3.Q.I,. QQiDMQn. RxiWWAY so as to permit . .the. construction. cnd .use. .Qf an, individual. dziveway. . . After a public hearing given on the above date, the Planning Board voted conditionally to , .appxnue. . . . . .the . . . . . ► . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This is to certify that twenty(20)days have elapsed from date of decision filed without tiling of an appeal: .;�--� Date based upon the following conditions Daniel 6ng, Town Clerk Signed ATTEST: .Fi� �k�. W•. ,N� tz,sc11�,. Cl�a1 Ina A True dopy Michael P. Roberts , Vice.-Chairman John L.• Simons , Clerk Town Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Paul A. Hedstrom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John J. Burke • • " "T0lnnnir)r*" Bo;ird • • • • • • . 76 T H01TN •• ld ;"� Town of ' <:.I'i'Ic:[a;OF: �� : Notrth Andover, rcct APPEALS :e NORTH ANDOVER Massachusetts 01845 BUILDING CONSERVATION DIVISION OF (617)685.4-775 HEALTH PLANNING .PLANNING & COMMUNITY DEVELOPMENT - KAREN H.P. NELSON, DIRECTOR Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town April 27 1987 Clerk. ^� n Mr . Daniel Long, Town Clerks Town Office Building North Andover , MA 01845 RE: Hawkins Lane, Lots 4 and 5 Salem Forest Definitive Subdivision Common Driveway Special Permit APPROVAL Dear Mr . Long: The North Andover Planning Board held a public hearing upon the application of George Farr on Monday evening March 2 , 1987 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on February 5 and 12 , 1987 . The following members were present:- Michael P. Roberts , Vice-Chairman, Erich- W. Nitzsche , Chairman, John Simons , Clerk, John J. Burke, and Paul A. Hedstrom. The decision was rendered at the April 27 , 1987 Planning Board meeting , whereby all of the aforementioned board members were present and voting . The petitioner seeks a Special Permit for a common driveway to service two lots under Section 2. 30 .1 of the North Andover Zoning Bylaw. The premises is known as Lot 4 and 5 Hawkins Lane, located on the south side of said street. Both lots are in the Residential-2 (R-2) Zoning District designation containing an area of 3 .75 acres and street frontage of 770 feet owned by George and Wanda Farr . At the hearing the following discussion took place: 77 John Simons read the legal notice and letters from the Fire Chief, the Highway Surveyor , the Board of Health and the Police Department were read into the record . Nora Daghlian from Thomas Neve Associates, Inc. represented the applicant. Ms. Daghlian stated the common driveway would be placed away from the ledge and that it would minimize the amount of wetland crossing. Covenants for lots 4 and 5 have been submitted. The driveway is to be 18 feet wide with a turnaround and the applicant will provide an additional fire hydrant if requested by the Fire Chief. The Planning Board rendered their decision at their April 27 , 1987 meeting. The following members were present and voting : Erich Nitzsche, Michael Roberts, Paul Hedstrom, John Burke and John Simon. VOTE : Motioned by Michael Roberts , seconded by John Burke to unanimously approve the common driveway Special Permit for Lots 4. and 5 , Hawkins Lane of North Andover , MA subject to the following: 1. The turnouts shall be constructed in the locations approved by the Planning Board and the Fire Department for the purpose of emergency vehicle access to dwellings. 2. A permanent stone marker shall be placed at the entrance to the driveway designating the permanent house numbers to be engraved on every side of the marker . This shall be made clearly visible from all directions of Foster Street. 3 . The covenant submitted by Thomas Neve Associates, Inc. , for George Farr which outlines responsibilities of maintenance shall be recorded at the Registry of Deeds. Proof of recording shall be made as part of the orders of conditions. The Town of North Andover shall not be responsible for maintenance or servicing said common driveway. . 4. Upon completion of the driveway, house construction and landscaping and prior to issuance of an occupancy permit, the applicant shall request a letter of compliance from the Planning Board accompanied by a certification and as built plan from the 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. 5. The common driveway easements shall be shown on plan to be 78 recorded at the Registry of Deeds and referenced in the deeds as easements . All conditions shall be listed on said plan. 6 . The applicant will comply with the NACC Orders of Conditions issued April 1 , 1987 , DEQE File No. 242-388 . In granting the Special Permit requests , the Planning Board , pursuant to Section 10 .31 - Conditions for Approval of Special Permits of the Zoning Bylaw, find the following: a. The proposed common driveway are appropriate locations for such a use due to the extensive wetland between the Hawkins Lane and the proposed house dwelling locations ; b. The common driveway, as proposed, with the required changes, will not adversely affect the neighborhood provided the conditions of the approval are adhered to; c . There will be no nuisance or serious hazard to vehicles or pedestrians by the constructions of the common driveway; d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use, specifically by means of a 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 Town Zoning Bylaw, specifically Section 2.30.1. "A way located on a lot which provides vehicular access to the building 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. Each such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land. " Sincerely, PLANNING BOARD ' N Erich W. Nitz e, Chairman /tw cc: Highway Surveyor Board of Public Works Tree Warden Conservation Administrator Building Inspector Board of Health Assessor Police Chief Fire Chief Engineer Applicant File