HomeMy WebLinkAboutMILLTOWN REALTY TRUST Receiv1d by Town Clerk :
FORM A
APPLICATION .FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
March , 19 86
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requ`�soff'
determination by said Board that approval by it under the Sub%c�r iiEfi
Control Law is not required . The undersigned believes that s "h %al
is not required for the followingreasons : '" �'�,� <
� ozone
r xc
1 . The division of land shown on the accompanying plan is nqq - anub
division because every lot shown thereon has the amount d frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , Foster Street , or a private way > namely ,
, being land bounded as follows :
Northerly by Foster Street, 600.00 feet, more or less;
-. Easterly by land, now or formerly, of Stanley F. Pas;
Southerly by land, now or formerly, of North Andover Associates; and
Westerly by land now cr formerly of the New England Power Company
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
two 150/l^cre lots
two frontage exceptions w
r
3. Title reference North Essex Deeds , Book 1928 Page 106 or
Certificate of- Title No . Registration Book ;
Page
Applicant ' s Signet_ re : Owner ' s signature and address if not
the applicant :
V. fames McAloon,-Jr., 'Truste 11 own Realty Trust
Applicant ' s Address :
c/o Attorney Ralph R. Joyce
25 Main Street
�''.. Porth Andover, M71 01845
;. 685-4555
Received by Town Clerk :
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan : ,
I . The North Andover Planning Board has determined that said plan
does not require approval under the Subdivision Control Law,
and the appropriate endorsement has been made upon the same .
2 . The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G .L. c. 41 , s . 81-1, and
must therefore be re-submitted to it for approval under the
Subdivision Control Law.
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
BY ,__
Date :
r'e c e i %,e d by i o v:n C l e ,-k :
RECEIVED
DANIEL LONG 1�
1'011 CLERK FORM A
NOR .N bKDOYER
APPLICATION FOR ENDORSEMENT OF PLANON
BELIEVED NOT TO REQUIRE APPROVAL
Jan. 18, 1985 14
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required. The undersigned believes that such approval
is not required for the following reasons :
1 . The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by .the North Andover Zoning By Law and is on a public way ,
namely , Foster St
being land bounded as follows :
NORTHERLY: by Foster Street
EASTERLY: by land name or formerly of Pas
SOUTHERLY: by land now or formerly of the NO. Andover Asso.
WESTERLY: by land now or formerly of the New England Power dsao.
2 . The division of land shown on the accompanying plan is not a sub-
di ' s ' 11rit
the following reasons :
frontage and area on a pablic way
t eference North Essex Deeds , Book 716 Page 478 or
�lr� r � x��xxfcf��x�cag�bxxxxxKxxxx��xx�E� �� #��xxBtG[8itx ;
X
Applicant ' s Signature : Owner' s signature and address if not
applicant :
DI
�-'
App a is Address : Stanisla T enski
Milltown Realty Trust 17 East Prospect Ste
1--�qqes N4 les t-ee----
74 Hewitt Ave. Methuen MA 01844
IReceived Cy Town Clerk :
r. t
t
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
1 . The North Andover Planning Board has determined that said plan
does not require approval under the Subdivision Control Law ,
and the appropriate endorsement has been made upon the same .
d
I
2. The North AVidefBinedtb
ar has determined that said plan
shows a subd by G.L . 41 , s . 81-L , andmust therefd t i for approval under theSubdivision
i
Very truly yours ,
NORTH ANDOVER PLANNING BOARD '
By:
As —•
Date , _
TOWN OF NORTH ANDOVER
MASSACHUSETTS
PLANNING HOARD
APPLICATION POR SPECIAL PERMIT
NOTIGE;s ThisaPliostion must be typewritten
en
Applicant_ Mitirnwn_ag&)Z 'gyrus_ tom_ Address c/0 Atty. Ralph R. Joyce, 95 Main St.
V. James McAloon,,jr., Trustee NOrtn Knoover, 'IOfM•`tTlM45
1. Application is hereby made
(8) Fbr a Special Permit under Section 2 .30.1 Paragraph of the Zowisg -Ar—Law.
2. (a) Premises affected are land�_an$ buildingsnoSer
timbered Lot3.A &q4�'
xq
(b) Premises affected are property with frontage on the North South
East_ West side of Eastt'rStreet, and known as o o nc)rn
No. Lot3'ALot 4 A Foster Street.
(o) Premises affected we in Zoning District R-2 , and the premises Acted
have an area of 4 agrgs and frontage of 298.43 feet.
3. Ownership:
(a) Name and address of owner (if joint ownership, give all names):
Millrnwn RealryTrust, V. 1paes McAloon, Jr., Trustee
Date of purchase Nov. 1984 _ Previous Owner Stan Trozcensld
(b) If applicant is not owner, check his interest in the premises:
.Prospective purchaser
,.Lessee
_Other (explain)
q. Size of proposed buildings front; feet deep
Hsi�lsts��,_„ stories; feet.
(a) Approximate date of erection 1986
(b) Occupancy or use (of each floor) Single family
(o) Type of oonstructian woodfram e
5.
Size of Pzisting Building: N.A. feet front; feet deep
Heights stories feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
Y
(c) Type of construction
6. Has there been a previous application for a Special Permit from the Planning Board
on these premises? no
If no, when
q. Description of purpose for which Special Permit is sought on this petitions+��
Driveways run concurrently at a stream crossing as required by the Conservation
Commission constituting a common drive per the Building Inspector's ruling.
(over)
8. Dead recorded in the Registry of Deeds in Book 1928 Page_ or Lend Court
Certificate No. Bock�Page
9. The principal points upon which I base my application are as follows: (must be
stated in detail)
Cooservation Commission required single crossing of the stream so as to minimize
impact on the wetlands.
I agree to pay for advertising in newspaper and postage fee for mailing legal
notices to' "Parties in ter"t"�11 �.
itioner's signature)
Every applioatiort' or a�`c�ti Zby%Vh�oard smell be made on a form approved by the
Board. These forms shall be furnished by the Clerk upon request. Any communication
purporting to be an application shall be treated as mere notice of intention to•.seek
relief until such time as it is made on the official application form. All information
called for by the form shall be furnished by the applicant in the manner therein
prescribed.
Every application shall be submitted with a list of "Parties in Interest" which
Wall include the petitioner, abutters, owners of land directly opposite on any public
or private street or way and abutters to the abutters within three hundred (300) feet
of the property line all as they appear an the most recent applicable tax list, notwith—
standing that the land of any such owner is located in another city or town, the Plan—
ning Board of the town and the planning board of every abutting city or town. .
LIST OF PARTIES, IN MEREST
NAME ADDREM
North Andover Associates 14 Kilby Street, Boston, MA
New England Power Company 1101 Turnpike Street, North Andover, MA
Stanley Pas 980 Winter St reet, North Andover, MA
ADD ADDITicuAL SHEETS, IF =ESSARY.
TOWN OF NOM ANDOVER
NASSACHl1SUTS
PLANNING BOARD
z
APPLICATION
FOR SPECIAL PII1NlIT
-NOTICES This application must be typewritten 41E=rn
Applicant Milltnw�y Trus_! Address c/0 Atty. Ralph R. Joyce,
V. James McAloon,.Jr., Trusteeortov 45
1. Application is hereby made m��-�
rn
(a) For a Special Permit under Section 2 .30.1 Paragraph of the Zo g PYI.- sw.
2. Foster
(a) Premises affected are land and buildings x numbered Lot 1A & 2A ytr"to
(b) Premises affected are property with frontage an the North South x
East` West side of Faster Street, and known as
no. Lot 1A�not 2A Foster Street.
(c) Premises affected are in Zoning District R-2 , and the premises affected
ge
have an area of 4 acres and frontaof 200.86 feet,
3. Ownership:
(a) dame and address of owner (if joint ownership, give all names):
Millto= ReaU,y Trust, V. lames McAloant, Jr.,-Trustee
Date of purchase Nov. 1984 . Previous Owner Stan Trozc.ensld
(b) If applicant is not owner, check his interest in the premises:
Prospective purchaser
Lessee
Other (explain)
4. Size of proposed building: front; feet deep
Height t stories; feet.
(a) Approximate date of erection 1986
(b) Occupancy or use (of each floor) Single family
(o) Type of construction woodfram e
5• Size of Existing Building: N.A. feet front; feet deep
Height: stories foot.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
(c) Type of construction
6. Has there been a previous application for a Special Permit from the Planning Board
on these premises? no
If no, when
7. Description of purpose for which Special Permit is sought on this petitioas,l�,r
Driveways run concurrently at a stream crossing as required by the Conservation
Commission constituting a common drive per the Building Inspector's ruling,
(over)
8. Dead recorded in the Registry of Deeds in Book 1928 Page,_ or Land Court
Certificate No.Boot V`Pags ._•
9. The principal points upon which I base my application are as follows: (must be
stated in detail)
Conservation Commission required single crossing of the stream so as to minimize
impact on the wetlands.
I agree to pay for advertising in newspaper and postage fee for mailing legal
notices to' "Parties in inters ",, _ ....._
AltAwticnerls si # e
Every application for action by the Hoard shal�be made o 'a form approved by the
Board. These forms shall be furnished by the Clerk upon request. Any oommmloation
purporting to be an application shall be treated as more notice of intention to.seek
relief until such time as it is made on the official application form. All information
called for by the form shall be furnished by the applicant in the manner therein
prescribed.
Every application shall be submitted with a list of "Parties in Interest" which
shall include the petitioner, abutters, owners of land directly opposite on any public
or private street or way and abutters to the abutters within three hundred (300)
feet
of the property line all as they appear on the most recent applicable taz list, notwith—
standing that the land of any such owner is located in another city or torn, the Plan—
ning Board; of the town and the planning board of every abutting city or town. .
LIST OF PARTIES, IN INTOMT
NAME ADDRESS
-North Andover Associates 14 Kilby Street, Boston, MA
New England Power Company 1101 Turnpike Street, North Andover, MA
Stanley Pas 980 Winter St rest, North Andover, MA
ADD ADDITIONAL SHEETS, IP NECESSARY.
P
1
_ _ P6ANhl8� BOQ80 .
TOWN OF NORTH ANDRIxV h-
MASSACHUSET �g�i�;" '
�ifT�1tH U RK
KoRTN ANGJVER
O MORiq ,V�
Any appeal shall be filed ,
within
(20) days after the
date of filing of this Notice �ssAcxu5e�
in the Office of the Town
Clerk. NOTICE OF DECISION
Date. . June. 3.Q,. .Mara . . . . . . ... ..
Date of Hearing
Petition of . . . . . . . .. .Ma.7.ltowA .$eaJ.ty.�'zest. . . . . . . . .. . .. .. . . . . . .. . . . . .. . .
Premises affected . T4Qts. JA .&. 2AXQWS qx.Stx.eet. . . .. . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the . . . XQzth. AiidOupx .Zoni.ng. >3y.jaw.S.aCt7-pA .2.3j0..1. . . . . . ... . .. . ..
so as to permit . . . . .Cpnstr=t;jQ . .Rf. a. ggMMpA .dry eway. ., . . . . . .
. . . . .. . .. . . . . .. . . . . . .
After a public hearing given on the above date, the Planning Board voted
to . . . . . approva. . .the . . .Spjacial. Permit . . . . . . . . .. ... .... . . . . . W . .. ... ... .. .
based upon the following conditions
Signed
Erich W. Nitzsche, Chairman
-- Michael P. Roberts,,, Vice, Chairman
. . .. . . . . . . . . . . . .
. .o
Jhn .Ls . Simons, Clerk
. . . . . . . . . . . . . .
John J. Burke
.. . . . . . . .. . .. .. . . . .. . . . . . .. . ..
Paul A. Hedstrom
. . . . . . . .Planning Board
REcHY6u
DAKIEf_ � 6t4„P H 1 U I H 8 Q 1 CI 0 Any appeal shall he filed
To
NO RT!T OF NORTH ANDOVER within (20) days after the
120 Main Street date of filing of this Notice
JUN 30 301f Nr%Andover, MA. 01845
685-4775 M the Office of the Town
Clerk.
,aOR7I,
f
1ti
3:Oa+�Ne ra•a OOL
F 9
# R
• s S y
;7 s•�CINs S'
June 30, 1986
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, MA 01845
RE: Lots lA &2A Foster St
Common Driveway Special Permit
APPROVAL
Dear Mr. Long:
The North Andover Planning Board opened the public hearing
upon the application of Milltown Realty Trust on Monday evening
April 7, 1986 in the Town Office Meeting Room. The hearing was
advertised in the North Andover Citizen on March 20 and 27, 1986.
The following members were present: Michael P. Roberts, Erich W.
Nitzsche, John Simons, John J. Burke, and Paul A. Hedstrom. The
decision was rendered at the June 16, 1986 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 lA & 2A Foster
Street, located on the south side of said street. Both lots are
in the Residential - 2 (R2 ) Zoning District designation
containing an area of 4 acres and street frontage of 200.86 feet
owned by Milltown Realty Trust, V. James McAloon, Jr. , Trustee.
At the hearing the following discussion took place:
John Simons read the legal notice and letters from the Fire
Chief and Conservation Commission were read into the record. Mr.
Ralph Joyce represented Milltown Realty. The applicant stated
thot the NACC approvedhas of the 15 foot wetland crossings
for the common driveway. The Building Inspector ruled that the
driveways constituted as common access to the four individual
lots.
Member Simons commented on the fact that NACC approval for
wetland crossings do not impy a blanket approval for a common
driveway and that the applicant should have appeared before the
Planning Board simultaneously or soon after the NACC hearing and
not after the driveways were constructed,
Further discussion followed concerning the size of the
culverts under the driveway and the ability to the pipes to
handle the flow of water during storms, upstream flooding and
downstream flooding potential. It was suggested that the
applicant supply the board with additional data and a site visit
be scheduled.
The Planning Board rendered their decision at the June 16,
1986 meetings
MOTION: Michael Roberts
SECOND: Paul Hedstrom (UNANIMOUS VOTE)
VOTE: To approve the common driveway Special Permit for Lots
lA & 2A Foster Street in accordance with the plan dated May 16,
1986, as revised, by Kaminski & Associates Inc, 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 huse 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 Milltown Realty Trust which
outlines reponsibilities of maintenance shall be recorded at
the Registry of Deeds. Proof of recording shall be made a
part of the orders of conditions. The Town of North Andover
shall not be reponsible for maintenance or servicing said
common driveway.
4. A compliance letter 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 the plan
and approval specifications.
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
Foster Street 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 construction 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 buildings on the lot. Each driveway
shall service no more than one lot. Subject to the
granting of a Special Permit fromt he 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,
Erich W. Nitzsc e
CHAIRMAN
EWN/kn
cc:
Fire
Highway
Public Works
NACC
Police
Health
Building Inspector
Applicant
Engineer
File
Interested Parties
f
Anyappeal shall befiled MUM UM P,c;C!Na.
within (20)days after the' o w N 0 r NORTH A N n'4+,"il;I'flj;
.A-te of filing of this Notice MAS SAC HU s � T �t��ii ;1;i,a iEr, ;
.n the Office of the Timm
JULf 142
Clerk. pO�TM
r, Cleric.
,aSAC1H)�+�t
NOTICE OF DECISION
Date. . July. 81,,.1986
. . . .. . .
:I Date of Hearing Aurid 7,111986
Petition of . . . . . , ,Milltown, .Rea1tX .Trust.. . . 1 1 1 . . . .. . . . . . . . . . . .. . .
Premises affected . . .. , , Lots, 3A A 4A Faster Street, . . . . . .. . . .
Referring to the .above petition for a special permit from the requirements
of the . . Nortti, M49yer Zoning, Bylaw j, Section .2. 30:1111 1 . . . . . . . . .. . . .
so .as to permit CQnstrugtion of, a ,Common. Driveway . . . . . . . . . . . . . . . .
. . . . . . . .
. .. . . . . . . . . . . .. . . . . .
After a publichearing given on the above date, the Planning Boardvoted
conditionally
to, .aPPx4ye. . . . . . he . Pp.ecia1. Permit . .. . . . . . . .: .
based upon the following conditidns:
Signed
Erich W. Nitzsche, Chairman
. . ... . . . . . . . . . .. . . . . . . . .. .. . .. ..
Michael P. Roberts, Vice-Chairman
. . .
(� John L.I Simons, Clerk
ar Paul A. Hedstrom
. . .. . . . .. . .. . .-. .. . ... .. ......... ..
John J. Burke
'planning Board
i
ti
Y MUM MH .ren.wt
RE ?i'/E�l �M
DANT LG''•",
TOWN �.{ .R K TOWN OF NORTH ANDOVER deli Of fah of Oft.Wks
NORTH ,@N )TOYER 120 Main Street In Ow off Ice offt,Tb*n
JUL 8 42 AM '86 North Andover,7MA. 01845 CIWIL
685-47
1 P � p
July 7, 1986
i Mr . ,Daniel Long, Town Clerk
Town office Building
Forth Andover, MA 01845
RE: Lots 3A & 4A Foster St.
Common Driveway Special Permit
APPROVAL
Dear Mr. Long:
The North Andover Planning Board held a public hearing upon
the application of Milltown Realty 'rrust on Monday evening April
7, 1986 in the Town Office Meeting ttoom. `Phe hearing was
advertised in the North Andover Citizen on March 20 and 27, 1986 .
The following members were present: Michael P. Roberta, Erich W.
Nitzsche, John Simons, John J. Burke, and Paul A. Hedstrom. . The
decision was rendered at the July 7 , 1986 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 3A & 4A Foster Street,,
located on the south side of said street . Cloth lots are in the
Residential-2 (,R-2) Zona:ng Dist.rict . designation containing an area ,
of 4 acres Anel street frontage of 298 feet owned by Milltown
Realty Trust, V. James Mcnloon, Jr. , Trustee.
At the hearing the following discussion took place:
John Simons read the legal notice and letters from the Fire
Chief and Conservation Commission were read into the record. :`1r.
Ralph Joyce represented Milltown Realty. The applicant stated
that the NACC has approved the wetland crossing for the common
driveway. The Building Inspector ruled that the driveways
constituted as common access to the two (2 ) individual lots.
Member Simons commented on the ;act that NACC approval for
t
wetland crossings do not imply 'a blanket approval for a common
- t
DANlF,l. LOr,
TOYN
NOR1';f
Jut 8 it 42 QN '86
driveway and that the applicant should }have appeared before the
Planning Board simultaneously or soon .after the NACC hearing and
not after the driveways were constructed.
Further discussion followed concerning the size of the
culverts under the driveway and the ability of the pipes to handle
the flow of water during storms, and upstream flooding and
downstream flooding potential . It was suggested that the
applicant supply the board with additional data and a site visit
be scheduled .
The Planning Board rendered their decision at their July 7,
1986 meeting after much discussion with the NACC. The following
members were present and voting: Erich Nitzsche,. Michael Roberts,
John Burke, Paul Hedstrom and John Simons.
MOTION: MICHEAL ROBERTS
SECOND`: JOHN BURKE
VOTE: Unanimously to approve the common driveway Special. Permit
for Lots 3A & 4A, as revised, by Kaminski & Associates,
Inc. , of North Andover, MA subject to the following:
1. A 12 inch culvert shall be supplemented by a larger
culvert, either an 18 inch or a single 30 or 36 inch pipe,
to be set. at an elevation above the 12 inch pipe. This
may require the driveway elevation to be raisee 2 1/2 to 3
feet.
2. The turnouts shall be constructed in the locations
approved by the Planning Board and the Fire Department for
the purpose of emergency veai.cle access ' to dwellings.
3. A permanent stone marker shall be. placed at the entrance
to the driveway desig-nati.ng the permanent house numbers to
be engraved on every sine of the marker . This shall be
made clearly visible from all. directions of Foster Street.
4. The covenant submitted by Milltown Realty Trust which
outlines responsibilities of maintenance shall be recorded
at the Registry of needs . Proof of recording shall b•e
made as pert of the orders of conditions . The Town of '
North Andovershall not .be responsible for maintenance or
servicing said common driveway.
5. Upon completion of the driveway, house construction and
landscaping and prior to issuance of an occupancy permit,
RECEpl i-,
DANlE:1 U ;
TWH r.s fi
NORTli
F
JULJ8 El 42 AM TS
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 sthat 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
recorded at the Registry of Deeds and referenced in the
deeds as easements . All conditions shall be listed on
said plan.
In granting the Special. Permit requests, ithe- Planning Board,
pursuant to Section 10. 31 Conditions for Approval. of Special
Permi-ts of the Zoning Bylaw, find the following:
a, The proposed common drivewayare appropriate locations for
such a use due to the extensive wet.lanri between the Foster
Street and the. proposed house dweli.i.rig 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 maybe 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
DANIT'L l�uG
TOW6 it
NOR7" f � R
JUL 8 fl 4$ AH '86
Erich w Nit Z,
.
Cliai r.man
EWN:nrs
cc: Fire
Highway
Public works
NACC
Police
Health
Building Inspector
Applicant
Engineer
File
Interested Parties
Lot owners 3A & 4A
i
f
t
r
TOWN Oh' NO.RTII ANDI'O$' It .
r MASSACI[ USETr�Si'.i �'=^
HOP,W'
0
Any appeal shall be filed ;s
within (20) days after the y ••,,...: �
,SS".IC MUgE4
date of filing of this Notice
in the Office of the Town
N14 Clerk. NOTICE OF DECISION
Date. . Jxme. 3.Q„ . 19B.Fi . . . . . . . . . .
Date of Hearing .APra.1 .7,. A986.
Petition of . . ... .. .Ma.1ltosan .BeaJ.tY.Trust. . . . . . . . . . . . . . . . . . .. . . .
Premises affected . .. , kgts. IA .&. 2A .>rostex. Stxeet. . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the NQrth. AndQY x .zoni.nq. 13Y.14W. S.E�CtipA .2.3.0...1 . . . . . . . . .
so as to permit . . . . . CAnstrRctjoIL'.gf. a. common .drj veway. ., . . . .
. .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
to .approve. .the . . .Special. .Rermit . . . . . . . . . . . . . . . .. . . . . . .. . . . . . .
based upon the following conditions:
Signed
Erich W. Nitzsche, Chairman
. . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . .
MichaelP. Roberts., Vice., Chairman
John L, Simons,. . . .Clerk
. . . . . . . . . . . . . . . ... . . .. . .
John .J:, Burke. . . . ... ... . . . ...
Paul A. Hedstrom
.. . . •Planning Boarc��
TRECFry `: R 11 U ll 11 O Any appeal shall be filed
OWN rl `4
NORT t t-T6 OF NORTH ANDOVER within (20) days after the
120 Main Street date of filing of this';Notice
JUN fQ ( JoPflorl%Andover, MA. 01845 in the Office of the Town
685-4775
Clerk.
Jwlz
June 30, 1986'
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, MA 01845
RE: Lots lA &2A Foster St
Common Driveway -Special Permit
APPROVAL
Dear Mr. Long:
The North Andover 'Planning Board opened the public hearing
upon the application of Milltown Realty Trust on Monday evening
April 7 , 1986 in the Town Office Meeting Room. The hearing was
advertised in the North Andover Citizen on March 20 and 27, 1986 . '
The following members were present: Michael P. Roberts, Erich W.
Nitzsche, John Simons, John J. -,Burke, and Paul A. Hedstrom. The
decision was rendered at the..' 16, 1986 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 lA & 2A Foster
Street, located on the .south side of said street. Both lots are
in the Residential 2 (R2) Zoning District designation
containing an area of 4 acres and street frontage of 200.86 feet
owned by Milltown Realty Trust, V. James McAloon, Jr. , Trustee.
At the hearing the following discussion took place:
John Simons read the legal notice and tetters from the Fire
Chief and Conservation Commission were read into the record. Mr.
Ralph Joyce represented Milltown Realty. The applicant stated
that the NACC has approved of the two 15 foot wetland crossings
for the common driveway. The Building Inspector ruled that the
driveways constituted as common, access to the 'four individual
lots.
Member . Simons commented on the fact ,that NACC approval for
wetland crossings do not impy a blanket approval for a common
' driveway and that the applicant should have appeared before the
Planning Board simultaneously or soon after the NACC hearing and
not after the driveways were constructed.
Further discussion followed concerning the size of the
' culverts under the driveway and the ability to the pipes to
handle the flow of water during storms, upstream flooding and.
downstream flooding potential. It was suggested that the It
applicant supply the board with additional data and a site visit
be scheduled.
The Planning Boardrenderedtheir decision at the June 16,
1986 meeting:
MOTION: Michael Roberts
SECOND: Paul Hedstrom (UNANIMOUS VOTE)
VOTE: To ,approve the common driveway Special Permit for Lots
lA & 2A Foster Street in accordance with the plan dated May 16,
1986, as revised, by Kaminski & Associates Inc, 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 huse 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 Milltown Realty Trust which
outlines reponsibilities of maintenance shall be recorded at
the Registry of Deeds. Proof of recording shall be made a
part of the orders of conditions. The Town of North Andover
shall not be reponsible for maintenance or servicing said
common driveway.
4. A -compliance letter 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 the plan
and approval specifications.
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
Foster Street 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 construction. 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.
9
h
Based on site visits, the public hearing process, and
` testimony from town boards and departments, the proposed commons
driveways are in harmony with the general purpose and intent of
the Town Zoning Bylaw, specifically Section 2.30.1. '.
i
"A way located on a lot which provides vehicular
access to the buildings on the lot. Each driveway
shall service no more than one lot. Subject to the
granting of a Special. Permit fromt he 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,
Erich W. NiftzscWe
CHAIRMAN
EWN/kn
cc.
Fire
Highway
Public Works
h . NACG
Police
Health
Building Inspector
Applicant
Engineer
File
Interested Parties
{
i
t+
1 �
Any appeal shell be filed M U M 8 0�Ilpp
I RICE tvc 0-
within (20j dsys•f w the,O W N OF NORTH ANDI` 1K
date of fiilno of this NOtha M A S S A C H U S E T IN TH MMOVER
in the Office of the Town JUL 1142 AM '86
C.li.
A
,ssgCHUStS
NOTICE OF DECISION
Date. . July. 8: .1986 . . .. . .. . . .
A ril 7, 1986
Date of Hearing
Petition of , . . , , , , ,Milltown. Realty .Trust .. . . , . . .
. . .. . . .
Lots 3A & 4A Foster Street "
Premises affected . . . . .. . . . . .. . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the . . pToKtb. lLriggyer ,Zgninq, Bylaw. Section ,2. 38. 1. . . .. .. . . . . . . . .. . ..
so as to permit . . . . . . Construction ,of, a ,Common.Drivel ay . , . . . , . . . . .
. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. .. . . . . . . . .. . . . . . .
After a public hearing given on the above date, the Planning Board voted
conditionally
to .4PPx.QYe. . . . . .the . . . . . . . . .Special, Permit .. , , .. . . . . . . . . . . . . . , ,
based upon the following conditions:
Signed
Erich W. Nitzsche, Chairman
. . . . . . .. . . . . . . .. . . . . . . . .. .. . . . ..
Michael P. Roberts, Vice-Chairman
. . . . . . . .
John L., Simons, Clerk
. . . . . .. . . . . .. . . . . . . . . .. . . . . .. . .
Paul A. Hedstrom
. . .. . •. .. ... . .. .. . . . . . ... . . .. . ...
John J. Burke
.. . . . . . . .. . . . .. . . . . .
'planning �Board
a
PURRRIMG BOR»0 MY"POO
,r.dM:e�rrOW
TO`H
NORTN ,. { TOWN OF NORTH ANDOVER AMM�t y lrttl�r Nates
"� 'Pi ER 120 Main Street InftQMw4 Imn
JR 8 1142
AM '86 North Andover,7MA. 01845 Ck&
685-47
NORT�y
Ot � ae y�ti0
j
• e� I
N
July 7, 1986
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, MA 01845
RE: Lots 3A & 4A Foster St.
Common Driveway Special Permit
APPROVAL
Dear Mr. Long:
The North Andover Planning Board held a public hearing upon
the application of Milltown Realty Trust on Monday evening April
7 , 1986 in the Town Office Meeting Room. The hearing was
advertised in the North Andover Citizen on March 20 and 27, 1986 .
The following members were present: Michael P. Roberts, Erich W.
Nitzsche, John Simons, John J. Burke, and Paul A. Hedstrom. The
decision was rendered at the July 7, 1986 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 3A & 4A Foster Street,
Located on the south side of said street. Both lots are in the
Residential-2 (R-2) Zoning District designation containing an area
of 4 acres and street frontage of 298 feet owned by Milltown
Realty Trust, V. James McAloon, Jr. , Trustee.
At the hearing the following discussion took place:
John Simons read the legal notice and letters from the Fire
Chief and Conservation Commission were read into the record. Mr.
Ralph Joyce represented Milltown Realty. The applicant stated
that the NACC has approved the wetland crossing for the common
driveway. The Building Inspector ruled that the driveways
constituted as common access to the two (2) individual lots.
Member Simons commented on the fact that NACC approval for
wetland crossings do not imply a blanket approval for a common
RECzry,_�
�Ah�lEl LONG
NORTH ANOGY R
JUL 8 1142 AH,#
#86
driveway and that the applicant should have appeared before the
Planning Board simultaneously or soon after the NACC hearing and
not after the driveways were constructed.
Further discussion followed concerning the size of the
culverts under the driveway and the ability of the pipes to handle
the flow of water during storms, and upstream flooding and
downstream flooding potential. It was suggested that the
applicant supply the board with additional data and a site visit
be scheduled.
The Planning Board rendered their decision at their July 7,
1986 meeting after much discussion with the NACC. The following
members were present and voting: Erich Nitzsche, Michael Roberts,
John Burke, Paul Hedstrom and John Simons.
MOTION: MICHEAL ROBERTS
SECOND: JOHN BURKE
VOTE: Unanimously to approve the common driveway Special Permit
for Lots 3A & 4A, as revised, by Kaminski & Associates,
Inc. , of North Andover, MA subject to the following:
1. A 12 inch culvert shall be supplemented by a larger
culvert, either an 18 inch or a single 30 or 36 inch pipe,
to be set at an elevation above the 12 inch pipe. This
may require the driveway elevation to be raisee 2 1/2 to 3
feet.
2. 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.
3. 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.
4. The covenant submitted by Milltown Realty Trust 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.
5. Upon completion of the driveway, house construction and
landscaping and prior to issuance of an occupancy permit,
RECEIVE!)
DANIELONR
TO N C? ERK
NORTHMNitOVER
JUL 8 11 42AN 186
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 sthat the work has been completed in accordance
with the submittal plans, approval of other town
departments and this conditional permit.
b. The common driveway easements shall be shown on plan to be
recorded at the Registry of Deeds and referenced in the
deeds as easements . All conditions shall be listed on
said plan.
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 Foster
Street 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
DANVIO
FLILOQ
TOWN
NOR TH A,HOVER
JUL a If ka py '8b
Erich W. Nitzsch ,
Chairman
EWN:nrs
CC : Fire
Highway
Public Works
NACC
Police
Health
Building Inspector
Applicant
Engineer
File
Interested Parties
Lot owners 3A & 4A
i
Oversized Maps on file with the Town