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HomeMy WebLinkAbout1989-08-15 ZBA Decision ~" T3K3060 + ; , , ✓��y IN RECEIVED AUG 15 1141 aN G9 04MIE.L LONG VYttw�ao4'c TOWN CLf ZK teoa NORTH ANJOYER i '89 I a\ �~ ':a j pn� \r��•���t14` o��� TOWN OF NORTH AN OVER 1 I yt\\\e o\ MASSACHUSE'ITS biv h r, BOARD O.F APPEALS NOTICE OF DECISION Data . � $! Robert J. eatal Builders, Inc. •••Augusc 15,•1989•'••••• 4300 Chain Bridge Road49-89 l i Fairfax, VA 22039 Pro Hon No........... ..... ,jApril 11, May 9, June 13, ti Aug , ust8„and,Auguet 14, 198' E'fe of Heuin`.,, ter; .Fobe.rt;.41.Bata1 Builders,,Inc,.., Petition of ..... ........,. I Pnmiaes alsoctod ...Ap4tQn,gill,.SN.aide,Qf.Tur.np.ike.Str,geC,.Rou.t.S.114............. ?u Referring to the above petition for a ytriation from the requirements ofYhu .SCC iQn.9,5(6).(e), FI rµ " SO-foot,distance.between. structures. ,Section.8.5(b).Cc).,.50rfoo.t.buffaz.,zone,.section 8,50)(c); 30-foot height limit and Section 8.1(7) 50-foot driveways. "1....: so sa to permit .......................................................................... :t relief from the above bylaw requirements in order to construct townhowns at.Boston.Hill,.Route,11.4.,.,Turnpike.Street......................................... After a public hearing given on the above date,the Board of Appeals voted to GRANT....., the s+'- :p variances and hereby authorize the Building Inspector to isms a w permit to ......Robert.J.•Batal.Builders,.Inc...,.....• f for the construction of the &boys work, based upon the Wowing conditions; ) BEE ATTACHED n 01 J 5 � Siinsd • k• J Oanlol Long, h; To"^Cwk la S 'Chairman,W •Augie Nickerson; Clerk...... A Trus Copy 'Anna-O'Connor...'......'..... ,. Toga Clark • .......... B�ofAppeals ust I I . t • t s' Z r:7 f 1. : GO Bxso , I RECCIVEO :< L. , DxwiFL LONG ~jQ f01�4 CLERK Any appeal shall be filed l' 15 II t,1 Aµ'99 Within ('CI rp%,s after the AUC data of il.lnc of tl;is P;otice ••`.��=rf' In the Office 01 ttLeL Town Cler)t. i TOWN OF NORTH ANOOVER MASSACHUSETTS BOARD OF APPEALS , kkkrFR*****kkakkk*FrAkR**Fk*a� Petition: i49-89 i 44 Robert J. Batal Bldrs., Inc. k DECISION 4300 Chain Bridge Road * I RECONSIDERATION I' L Fairfax, VA 22034 Fair*ark*rrr****kkk*k***kkl�*** i 9, June 13, August 8 z n The Hoard of Appeals held public h� lringa on April 11, Maythe �IIi 711 and a Special Meeting on August 14, luestinr variancesrfrom the ZoningBylaw cation of Robert J. Batal Builders, Inc. req B listed below, in order to construct a roadway and 2289rshownaon a planrentitledin a v ~ ing 104 townhomea on the land known as Boston Hill, by H. W. Moore Associates, "Site Plan, Boston Hill, North Andover, MA ", prepared Inc., dated March 31, 1989: F 50-foot distance between structures; 1. Section 2. Section 8.5(6)(c): 50-foot buffer zone; =s • 3. Section 8.5(6)(c): 30-foot height limit; 4. Section 8.1 25-foot driveways "1 (J): resent and voting: William Sullivan, Acting Chairman, The following members were P Anna O'Connor and Louis Rlssin. Augustine Nickerson, Clerk, Ann r' 1989 and zenGhyY4i r: The hearing was advertised in the North Andover Citiularo March 30, mail. Therch3continuation 1989 and all abutters were notified by reg ; ed at each preceding hearing. of the hearings was announc 1 i Mr. Rissin, the Board voted, j:.; { !. Upon a motion made by Ms. O'Connor and sect estended byd, subject to the following unanimously, to GRANT the variances as re uste conditions listed on Page 2 and Page 3 attached to this decision. r tl' The Board finds that the Applicant has as the relevant provisions of the ! to circumstances relating to soil conditions, Zoning Bylaw and finds that owing especially affecting such land but not affecting shape and topography of the land, esp Y ranted with ,. generally the VR Zoning Districiandathatforcement desirableorelieff the 8canwbeograuld grainvnted win41. substantial hardship to the Applicantpurpose of the ByLaw. out nullifying or substantially derogating from the intent or ographicsl features, tree The variances are necessary because of the steep tog � t locations, and soil conditions of the site. Y Dated this 15th day of October, 1989 rh: William Su Ivan t Acting Ch rman 11Ia /awt ' t � 13K30GO lti , Page 1,t August 151 1989 I igw. Bat,l Builders, Inc. DECISION Robert J. ~ I. Section 8.5(6)(c) Minimum distance between structure to 30 feet between EI ' The Board grants a vtrlance from the 50 foot distance req ' )A eat between units for all instances where the Plan does not complono f ' and 44 f n provides maximum conservation of ` dr ;'•'- garagesApplPropose design P without increasing f The Board finds that reservestnatural grades whereever possible, 14 existing elopes and p s in order to cause them to be SO feet permitted density, Separating the building he Board finds that because the Vilulldinlage esiinnrelativeing apart would result in unnecessary elimination of trees and would cause a substantial ' hardship to Applicant. T { + � but wick ample adjoining landscaping, is consistent with the ' contemplates "cluster" development, the development of the buildings 1 proximity to each other, _i f the By-Law. purposes o I ;?• Section 8.5 6 (c)t Buffer zone of 50 feet requirement to 25 feet plus The plan pr video The Board grants a verlance from the SO foot buffer req ng added landscaping for all instances where the Plan does not comply. n redesign to eliminate any encroachmethei` dice for maximum utilization of loireAand open space and includes axincreaa naive laI i."-oith for the be of all residents. ��.. buffer tone would result in additional removal of trees end would erosion, `y Maximum hei ht of 30 feet or 2.5 stories 3, Section 8.5(6)(c): �r rants a variance from this provision of 30 feet to 40 feet, in all instances The Board g The Board finds that the height violheigation on is a direct y in where the Plan does not comply. the height of the walls would require function of the slope and topography fdecreaseein the height o f the order to minimize overlot grading; grades and slopes. The Board finds that substantial additional changes to adjacentdesign are consistent with the purposes Applicant's efforts in the resulting building of the By-Law. Minimum driveway width of 25 feet 4. Section 8.i(7) minimum, v: 1 The Board finds that the 22 foot {=GE The Board grants a variance from the 25 foot width requirement to 22 foot, ;rsk �J }. all instances where the Plan does not comp Y• vehicles, emergency � r driveways provide adequate VillacesResidenciali toning tand ffor nic ays "cluster develop- for ' Law, ment as contemplated by g of the By Law. Mar:a. and Se therefore consistent with the purposes conditions, which are f to the following I ''•`" The foregoing variances shall be subjectpurpose •'"�' promote use of the site in harmony with the intent and p P intended further to of the By-Law: licant shall construct and —in taint Yi 1. Prior to construction, App ' temporary snow fence along the line of limits of clearing adjin acent ' to property lines, provided the[ no fence shall be installed limits of clearing wet- T'.i lands areas or wetlands buffer zones. The line of ' is shown as a broken line on the site plan (the "Plan"). feet in 2, Applicant shall construct a solid board fence at least 5 I i' proper line with land of the Trustees of , r, height along the common propYthat up to two points of foot access k�s, Reservations ("TTOR"), provided 'provided. One point of between the site and the land of TfOR may lof land raEecred to in access shall be in the location of the p „ 47? Item 4 below, and shown on the plan ae "Path to Meandet with Natural " " the second point of ►ccess shall be in such location u Terrain";Terr ; Y' Robert J. Batal builders, Inc. DECISION lags II Applicant and TTOR may agree. The fence, or portions thereof, shall be constructed simultaneously with construction of portions of the road- j�' way parallel thereto. ll J. The land lying between the broken line establishing the limits of VI d clearing -shown on the site plan and TTOR's common boundary shall be isubjected to an easement granted to TTOR for the benefit of its Hard Reservation retaining such land predominantly in its open, natural q condition with no material removal of trees, shrubs or ocher vegetation permitted(except for removal of deceased or injured vegetation and in- � t I etallation of any new landscaping shown on plans submitted to the Board) I �� and no use of any herbicides permitted, such conveyance to occur at the ' kf I1,I j time Applicant acquires the premises, but no later than issuance of a building permit (the acceptance end recording of such easement by TTOR to be in full satisfaction of this condition). ' fE�il� t 4. The SO foot by 500 foot parcel of land connecting the site to {yltiii; Chestnut Street shall be conveyed to TTOR in fee simple subject only to a retained perpetual easement to install, repair, maintain and replace subsurface sewer lines, pumping stations d appurtenances beneath such parcel and beneath former Chestnut St eet, provided that ouch right shall lapse if no such lines are initi. ly installed within S 5 years of such conveyances; such conveyance to o>, ur at the time Applicant acquires the premises, but no later than issuance of a building permit (the acceptance end recording of such conveyance by TTOR to be in full satisfaction of this condition), 5. The site shall be subject to • covenant granted to TTOR for the benefit of the Ward Reservation, that the owners of the site shall maintain, repair or replace the fence described in 12 above; such ! conveyance to occur at the time Applicant acquires the premises, but k ' 4� ' no later than issuance of a building permit (the acceptance and re- (.z I cording of such covenant by TTOR to be in full satisfaction of this condition). The Board notes that the construction of this residentaial development is concamplatad .. in phases and that Applicant will rely on the granted variances for the entire development and condominiumization of the site, Once the first phase of the � .'�ii'�`!' development is commenced, commitment to build infrastruccure, and delicateI�.!. open space, and devote the entire site to the precise development shown on the Plan will have been irreversibly made. Therefore, the Board finds that the rT i11 � variances shall apply to, remain in effect as to, and be deemed to have been exercised with respect to, all improvements shown on the Plan and each phase I ! �f independently, provided that at least one building permit for any phase, or the I entire site, is obtained within one .year of the effective data of the Board's decision (i.e., one year after all a 4a�Y appeal poriods have lapsed without any appeal ail having been taken, or after any appeals have been finally dismissed). Ronordod Jan.25,1ng0 at 10:32AM i11731 , ;1 i ' , r • t ' THE G R A IL IIA GROUP December 11, 2008 Judith M. Tymon, AICP Town Planner Town of North Andover 1600 Osgood Street North Andover, MA 01845 REFERENCE: BOSTON HILL SITE NORTH ANDOVER, MASSACHUSETTS Dear Judy: Our title examination of the Boston Hill property revealed the following Notices of Decision: 1. Notice of Decision by the North Andover Board of Appeals dated August 15, 1989 and recorded with the Essex North Registry of Deeds in Book 3060, Page 69 (copy attached). It appears that this Notice of Decision relates to a project consisting of town homes and a commercial structure on the subject site which were never constructed. There are conditions attached to the Notice of Decision. We presume, however, that due to the fact that the project which was the subject of this Notice of Decision was never developed/constructed, the approvals and conditions attached to the Notice of Decision have expired and are not valid and enforceable. Please have the Zoning Board of Appeals confirm that the approvals and conditions attached to this Notice of Decision have expired and are not valid and enforceable. 2. Notice of Decision by the North Andover Planning Board dated October 12, 1989, and recorded with the Essex North Registry of Deeds in Book 3060, Page 73. It appears that this Notice of Decision relates to the development of town homes and a commercial building on the subject site. There are similar conditions to the ones in the Board of Appeals Decision referred to in Item #1 above. Once again, we presume that due to the fact that the project THE GRALIA GROUP 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028 PHONE: 413-525-4585 FAX: 413-525-0313 Judith M. Tymon, AICP Town Planner Town of North Andover December 11, 2008 Page 2 which was the subject of this Notice of Decision was never developed/constructed, the approvals and conditions to the Notice of Decision have expired and are not valid or enforceable. Please have the Planning Board confirm that the approvals and conditions attached to this Notice of Decision have expired and are not valid and enforceable. If you have any questions, please feel free to contact Cindy Redin from my office at (413) 525-4585, Ext. #15. Very truly yours, TkkGRAA GRO P rnra ia, III Encls.