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Home My WebLink AboutPISANO REALTY TRUST DANIEL icer P6AMhING 80A8G tOWWN OF NORTH ANDOVER r MASSACHUSETTS OCT 9 E4 Any appeal shall be filed within (20) da Ys after the 's,�'•••,.'•;;'4* date of filing of this Notice In the Office of the T CWt NOTICE OF DECISION Date. . . . Date of Hearing July, 7,, ,19,86 Petition of , . , . • Pisano. Realty, Trust. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Premises affected . . . . ,, ,Sideri, Place Subdivision. . Lots 1 .2.3. Anne. Road Referring to the above petition for a special permit from the requirements of the . . . Ngrth Andover_ Zoning. Bylaw, Section .2: 30.1 . . . . . . , _ , . . so as to permit . , , construction of •a, common driveway.to , service .3 lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . .. .. . . . . . . . . . . . . .. .. . . . . After a public hearing given on the above date, the Planning Board voted conditionally to .apl rove. . . . . .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 . . . .. . .Planniftg Board MUM TOWN OF NORTH ANDOVER 120 Main Street OGT 24 "Wi North Andover, MA. 01845 Any appeal shun be filed 685-4775 within(20)days after the VA& date of filing of this Notice in the Office of the Town p • Clerk. t . a4cwu5 t� September 30, 1986 Mr. Daniel Long, Town Clerk Town Hall North Andover, MA 01845 RE: SIDERI PLACE SUBDIVISION, LOTS 1, 2, 3 ANNE ROAD COMMON DRIVEWAY SPECIAL PERMIT Dear Mr. Long: The North Andover Planning Board opened a public hearing upon the application of PAISANO REALTY TRUST, 436 South Union Street, Lawrence, MA. on Monday evening, July 7, 1986 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on June 12 and June 19, 1986. The following members were present at the July 7, 1986 meeting: Erich W. Nitzsche, Chairman; Michael P. Roberts, Vice Chairman; John L. Simons, Clerk; John J. Burke. The petitioner seeks a Special Permit for a Common Driveway to service three lots (1,2, 3 Anne Road) in the Sideri Place Subdivision under Section 2 . 30. 1 of the North Andover Zoning Bylaw. All three lots are in the Residential 3 (R3) Zoning District designation. Lot 1 has 2. 5 acres, lot 2 has2. 8 acres and lot 3 has 1.3 acres of land. The property is under the ownership of Paisano Realty Trust. At the hearing the following discussion took place: John Simons read the legal notice and letters from NACC with a copy of their orders of conditions were submitted, along with letters from the Board of Health and Fire Department. Mr. Joseph Cushing, represented the applicant on behalf of Richard F. Kaminski Associates. • Page 2. Special Permit Anne Rd. Lots 1 , 2 , 3 - The original subdivision plan was approved approximately one year ago by the Planning Board which showed three driveways to service three house lots. The NACC in their order of conditions, stated that one driveway be installed to cross over the narrow portion of the wetland to service the three lots. - The driveway is approximately 120 feet long. The width is proposed as 17 feet, the base in the wetland area is 29 feet in order to maintain stability in the slope requirements. - Two 24 inch RCP pipes beneath culverts will be installed. - At the suggestion of the Planning Board, the applicant informed the Board that they had no objections to the installation of guardrails. MOTION: By Michael P. Roberts to close the public hearing and take the Special Permit request under advisement and to schedule a site visit. SECOND: BY John J. Burke. VOTE: Unanimous The Planning Board rendered their decision at the September 22 , 1986 meeting. The following Members of the Board were present and voting: Erich W. Nitzsche, Michael P. Roberts, John L. Simons, John J. Burke, and Paul A. Hedstrom. • MOTION: By Michael Roberts SECOND: iJohn Burke VOTE: UNANIMOUSLY to conditionally approve the COMMON DRIVEWAY Special Permit for Lots 1 ,2,3 Anne Road, Sideri Place as shown on plans dated February 14, 1986 and July 29, 1986 prepared by Richard F. Kaminski Associates of North Andover subject to the following: 1 . The plans dated February 14, 1986 shall be revised to show a cross section of the wetland in accordance with the sectional plan dated July 29 , 1986 SECTION B-B. 2. $5,000 in erosion control security shall be retained to ensure the Town that the erosion control program is effective as determined by the Planning Board. The Board shall retain the authority to enforce the bond if precautionary measures are determined insufficient. 3 . The applicant shall provide the Planning Board with a written list of ALL contractors and builders involved during ALL phases of construction. 4. Each common driveway shall be shown on a plan and referenced in deeds as easements. A driveway permit shall be obtained from the Highway Surveyor. 5. Each lot served by the common driveway shall have a covenant Page 3. Special Permit Anne Rd. Lots 1,2, 3 running in perpetuity with the land and detailing the maintenance responsibility of each lot owner. Language to be reviewed by Town Counsel and Planning Board prior to recording at the Registry by Paisano Realty and prior to ANY construction activity on site. 6 . At the entrance of the common driveway, a sign shall be posted (to be reviewed and approved by the Planning Board and Fire Chief) with addresses of common driveway lot owners clearly posted. A reference of the required sign shall be placed in the covenant and deed of the lot owners. Said drive to be paved. 7 . Upon completion of the driveway and prior to occupancy, the applicant shall request a Letter of Compliance from the Planning Board accompanied by a letter from the Project Engineer who prepared the plans, stating that the work has been done in accordance with the revised plans and approval specifications listed: - The Planning Board Orders of Conditions listed number 1 through 7. - Plans dated February 14 and July 29, 1986 (to be revised) . - The applicant shall consult with the Fire Chief to ensure that the necessary fire protection measures are in place. In granting the Common Driveway 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 an appropriate location for such a use as presented; b. The common driveway will not adversely affect the neighborhood due to the fact that it will have no impact on other lots in the neighborhood because no other lots can, be developed in the subdivision. It will also minimize wetland filling; C. There will be no nuisance or serious hazard to vehicles or pedestrians. by the construction of the driveway due to sufficbnt sight distance and minimal traffic at the site; d. Adequate and appropriate facilities will be provided for' the proper operation of the proposed use, specifically by means of the recorded maintenance agreement, posting of addresses, and guardrails. Based on the site visit, the public hearing process, and testimony from town boards and departments, the proposed common driveway is in harmony with the general purpose and intent of the Town Zoning Bylaw, Section 2 . 30 . 1 and 10. 31. Page 4 . Special Permit Anne Road Lots 1 , 2 ,3 Sincerely, PLANNING BOARD, CHAIRMAN Erich W. Nitzsch EN/kn cc: Fire Chief Highway Public Works NACC Police Chief Health Building Applicant Engineer File Interested Parties