HomeMy WebLinkAboutGENERAL STORE REALTY TRUST MUM fflfl
TOWN OF NORTH ANDOVER r `
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MASSACHUSETTS
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Any appeal shall be filed . t5
within(20)days after the 'ss„""5`<
date of filing of this Notice
In the Office of the Town NOTICE OF DECISION
Clerk.
Date,November 14, 1990. . . . .• . .
. . . . . .
Date of Hearing . XoVempex.$, .1M
Petition Of ,Gg$V;uli,qtgre, Rea}ty,Trgst, ,Chestnut Street.Realty.Trust •& Island• Piece
Realty Trust
Premises affected ,Lots•? •& ii;. Lots. a:•9s•sio: Lots 5, 6,, a12,•Lots•2. •3, ,a 4.
on the west side of Chestnut'Street. . . . . . . • •
Referring to the above petition for a special permit from the requirements
of the dtprth.Andover.��n�.ng �xJ a�.-.SectiQu.2.34..1. .-. $ ciao.�er�it.G PF.1•v�waYs
so as to permit t1i9.4;Q4j xmgt koA x1A 1pp.9f.iQ4iYi$V4i. Ar.i.vlejvPLYr-.t=p.QQ}4.3ggq&S .to
Lots 7 a 11 Lots Q,; 9 a 10 Lots 5 6 12 Lots 2 3/ & 4.
• . • • . • • • • • !• • . • .4 . . . . . . . . . 1. L • • i • i• • . • . . • . . • . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
Conditionally
t0 Appooue . . . . . . . . .the .Spea"I •P•e ts. as.remanded .1n -1-and Court,.Commanwealth -of
Massachusetts.
based upon the following conditions:
cc: Director of Public works
Board of Public works
Highway Surveyor
Signed
Building Inspector
Conservation Commission pC.. (�{►� �'
Board of Health r/ ' ' • Y�% :T•''6`;w. .
Assessors George Perna, Jr., Chairman
Police Chief Jf?hR.;�7Q4 • .�1 . . . . . . . . . . . . . . .
Fire Chief John Draper
Jo
Applicant sePh. 4AeX . . . . . . . . . . . . . . . .. . .
Engineer Richard Mardell
File . . . . . . . . .
Interested Parties
• , �NONT,y,�
OFFICES OF: r Town Of 140 Main Street
BUILDINGF t NMith Andover
CONSERVATION
NORTH ANDOVER Massachusetts 01845
HEALTH °MOS DIVISION OF C (508►68, 3
PLANNING t
PLANNING & COMMUNITY DEVELOPMENT
` �+ lark
KAREN H.P. NELSON, DIRECTOR Nov I`1
November 14, 1990
Mr. Daniel Long,
Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845 Re: Chestnut Street,
Special Permit
Common Driveway
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
November 8, 1990, in the Town Hall, Selectmen' s Meeting Room, on
the application of General Store Realty Trust, Chestnut Street
Realty Trust and Island Piece Realty Trust, requesting Special
Permits under Section 2.30. 1 of the North Andover Zoning Bylaw.
The hearing was duly advertised in the North Andover Citizen on
October 24 and October 31, 1990 and all parties of interest were
properly notified. The following member were present and votings
George Perna, Chairman, John Simons, Clerk, John Draper, Joseph
Mahoney and Richard Nardella.
The petitioner seeks special permits for the construction and
use of individual driveways to gain access to Lots 7 and 11; Lots
8, 9 and 10; Lots 5, 6, and 12; Lots 2, 3 and 4, located on the
west side of Chestnut Street, in a Residential-3 (R-3) Zoning
District.
John Simons read the legal notice to open the public hearing.
The applicant was denied the Special Permits for the Common
Driveway and appealed the Planning Board's decision. As the result
of that appeal, the Board was required by the court to grant the
Special Permit.
The applicant was not present at the meeting.
The Board reviewed conditions that were agreed to by the
applicant. George Perna asked that the following be added to
Condition #18:
"The name of this drive shall also be approved of by the North
Andover Fire Department. "
George Perna also asked that a condition be added that states
that no town services will be provided with regard to maintenance
and upkeep, including trash removal and snow plowing, and that this
condition be stated in each deed and copies supplied to the
Planning Department to be kept in the file.
Page 2:
A motion was made by John Simons to close the public hearing
on the Chestnut Street Special Permits, Common Driveways. The
p Y
motion was seconded by Joseph Mahoney and voted unanimously by
those present.
A motion was made by John Simons to approve the Special
Permits as agreed and amended by adding to Condition #18 and an
additional condition as discussed. The motion was seconded by John
Draper and voted unanimously by those present.
Attached are the conditions.
Sincerely,
PL�A(NNING BOARD
Georg Perna, Jr. ,
Chairman
ccm Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Conservation Commission
Board of Health
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
I
Chestnut Street, Common Driveway Plan of Land.
Island Piece Realty Trust
General Store Trust
Chestnut Street Realty Trust
1) Grades of the proposed driveway shall not be less than one
percent .0 nor more than six percent (6.0%) .
2) Where the grade of any driveway at the approach to an
intersection exceeds four percent (4.0$) , a levelling area
shall be provided having not greater than two
percent 2.0 grade for a distance of fifty feet (501 ) ,
measured from the nearest exterior line of the intersecting
driveway.
3) Adequate sight distance for a speed of thirty (30) miles per
hour should be provided on vertical curves.
4) Grades greater than 6.0% shall be allowed upon receiving a
recommendation from the Division of Public Works regarding
the advisability of increasing the grade allowed due to
extensive cutting and filling, maintenance, expected level
of traffic and public safety considerations.
5) In any instance where the slope of the driveway exceeds 6%,
the owner/applicant shall provide granite curbs.
6) The entire area within the exterior lines of the proposed
roadway shall be cleared of all stumps, brush, roots,
boulders, like material, and all trees not intended for
preservation.
7) All loam and other yielding material shall be removed from
the area of each driveway or way and replaced with suitable
material.
8) All driveways shall be constructed and inspected in
compliance with specifications of the Division of Public
Works.
9) The proposed driveway shall be constructed to the following
specifications:
Twenty-two (22) feet of pavement and a gravel base of twenty
five (25) feet.
Three and one-half (3.5) inch bituminous concrete, Type I,
consisting of a two (2) inch binder coat and a one and one-
half (1.5) inch wearing surface
14) All areas between the exterior easement line and the curb
lines of the driveway shall be graded and seeded with grass
seed.
11) The driveway cross section at the wetlands crossing shall
have 8 ' shoulders with 2: 1 side slopes.
12) Where a driveway occurs in the shoulder area, the driveway
shall be laid so that there is a straight grade from the
exterior easement line to the curb line of the driveway.
13) All disturbed areas outside the exterior driveway lines
shall be turfed with grass seed as soon after driveway
construction as practical, as may be determined by the
Division of Public Works, to prevent erosion.
14) Existing trees standing within the exterior driveway lines
which, because of their location, species, and condition are
suitable for preservation shall be preserved by the owner.
15) New trees shall be at least two and one-half (2 .5) inches
caliper and shall be planted at intervals of every fifty
(50) linear feet of driveway subject to the location of
driveways, driveway intersections, or other site features.
16) Preservation of existing trees and planting of new trees
shall be such that they will not interfere with utility
services.
17) Preservation of existing trees and planting of new trees
shall be in conformity with the specifications of the
Division of Public Works.
18) A driveway sign bearing the name of the driveway shall be
erected and maintained by the property owners at a point
where the private driveway intersects with the public way.
There shall also be located on the same standard and
immediately below the driveway sign a sign reading "Private
Way" . Said sign shall be erected in accordance with the
Department of Public Works standards. Individual homes shall
be identified and numbered in accordance with the North
Andover Fire Dept. standards. The name of this drive shall
also be approved by the NAFD.
19) Utility systems, such as electricity, telephone, cable
television, and gas shall be installed entirely underground,
within the limits of the site. Plans of electric,
telephone, and gas systems shall be provided to the Division
of Public Works, prior to installation.
20) Utility systems will be installed so that service may be
extended to each lot shown on the plan, whether or not there
is a building thereon, without need to penetrate the paved
roadway surface at such future time as the service extension
may be made.
21) Water mains, with hydrants, valves and fittings, shall be
constructed and installed within the site as necessary to
provide to all lots therein adequate water supply for
domestic and fire protection use.
22) Water pipe shall be ductile iron cement lined, seal coated
inside, tar coated outside, ANSI specification A21.51 and
AWWAC 151 thickness class 52 with a minimum size of eight
(8) inches, excluding hydrant branches, which shall be a six
(6) inch minimum. Gate valves shall be Mueller or equal
AWWA Specs. L50052T and shall be installed at roadway
intersections and on hydrant branches with division gates
not more than 800 feet apart. Gate boxes shall be of the
sliding type and marked "WATER" . Fire hydrants shall be
Eddy type to North Andover Board of Public Works or Fire
Department specifications, and shall be installed as shown
on plan. The distance between hydrants shall not exceed 500
feet. A two and one-half (2.5) foot diameter by two (2) foot
drainage basin of screened stone shall be provided at
hydrant bases.
23) Waterlines shall be installed on the north side of the
driveway at a minimum depth of five (5) feet below finished
grade of the roadway. Concrete thrust blocks shall be
installed at all bends and tee's.
24) Water lines shall be submitted to AWWA pressure and leakage
tests in accordance with Section 13-C600, and chlorinated in
accordance with AWWA C601.
25) Service connections for water from the main structure in the
driveway to the exterior lines thereof shall be installed
for each lot shown on the Plan, whether or not there be a
building thereon. Location of such service connections
shall be recorded accurately, to facilitate future
connections. Curb boxes shall be Erie Type installed one
(1) foot outside of the property line. Water service
locations shall be filed with the office of the Department
of Public Works.
26) The water system shall be laid out and constructed in
conformity with the Water Distribution System Master Plan
and of the Division of Public Works.
27) Sewer pipes and related equipment, such as manholes and
connecting Y's shall be constructed and installed within the
site as necessary to serve all lots adequately.
26) Proper connections will be made with the existing sanitary
sewer system. Where property adjacent to the site is not
subdivided, provision shall be made for proper projection of
the system to the exterior boundaries of the site, at such
size and grades as will allow for the projection.
29) Sewer pipes shall be P.V.C. (Poly Vinyl Chloride) and shall
conform to ASTM D-3034 and D-3212 for Type SDR-35.
30) Headwalls shall be constructed at all inlets and outlets to
the piped drainage system and shall be either:
(a) Formed and poured concrete with chamfer edges
(b) Stone and mortar
(c) Precast flared sections
All headwalls shall be of good workmanship and finish.
Headwalls shall conform to the following minimum
specifications:
Concrete Headwalls:
(a) footings shall be of concrete to a depth of three (3)
feet below grade and a width of two (2) feet;
(b) above grade, it should be one (1) foot thick and the
width and length and taper (if required) would be
determined by height of planned grade to be
established; and the diameter of the pipe;
(c) if the footings are poured prior to top, 3/4 inch rods
shall be inserted into footings to a depth of two (2)
feet and protrude two (2) feet above;
(d) concrete to be of at least 2,500 psi. and all work to
be of good quality workmanship and finish.
Stone Headwalls
(a) footings shall be three (3) feet in depth and two and
one-half (2.5) feet in width of concrete;
(b) stone laid in good quality cement mortar starting at
one (1) foot below grade;
(c) width of wall shall be twenty (20) inches; height,
length, and taper (if any) to be determined by height
of planned grade to be established; and the diameter
of the pipe;
(d) stone shall be one man size and all joints to be flush
and solid; all work to be of good workmanship and
finish.
31) Where an existing brook is to be used as an outlet, the
drainage system shall be piped to the brook. Should this
outlet extend beyond the site's property boundary, an open
ditch of a type and size approved by the Division of Public
Works may be used on the adjoining property, after
acquisition of the necessary easement including a "Right to
Outlet" the proposed size of pipe.
32) Any connection to the roadway drainage system by private lot
or cellar drain shall be constructed in accordance with
specifications of the Division of Public Works and shall
require written approval of the Division of Public Works,
including release of the Town of maintenance responsibility.
Any such connection shall also have the written approval of
the Board of Health if such proposed drain was not shown on
the overall site plan.
33) Proper connection shall be made with any existing drains in
adjacent roadways or easements which prove adequate to
accommodate the drainage flow from the site. In the absence
of such facilities or inadequacy of the same, it shall be
the responsibility of the developer to extend drains from
the site as required to properly dispose of all drainage
from the proposed construction. Should any such outlet
extend onto adjoining privately owned property, the
developer should obtain all necessary easements running to
the Town of North Andover including a "Right to Outlet" .
Any connection to existing facilities shall also meet the
requirements of the Division of Public Works.
Where property adjacent to the site is not subdivided,
provision shall be made for proper protection of the
drainage system to the exterior boundaries of the site at
such size and grade as will allow for any such projection.
3+4) Drainage for this driveway shall be sheet flow as shown on
the plan.
35) In no case shall a catch basin be constructed at a driveway
curb cut or a driveway curb cut placed at a catch basin
location.
36) All drain pipe shall be a minimum of twelve (12) inches and
all culverts shall be a minimum of thirty (30) inches inside
diameter. All drainage pipes shall be reinforced concrete
conforming to Massachusetts Department of Public Works
specifications for Class III pipe, as such higher class as
may be required by depth of cover which shall be not less
than thirty (30) inches.
37) All storm drains, culverts, and related facilities shall be
maintained during construction in accordance with the
requirements and specifications of the Planning Board and
Division of Public Works
3'8) Any residence constructed on a individual lot shall have a
residential fire sprinkler system installed prior to the
issuance of a Certificate of Occupancy. The owner shall have
plans for the system approved by the NAFD prior to the
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issuance of a Building Permit.
39) Monuments shall be set on the exterior easement lines at all
angle points, at all points of change in direction of
curvature, and at all roadway intersections.
40) Such monuments shall be set in bank gravel with their tops
at the proposed finished surface grade, unless the Division
of Public Works directs otherwise. Monuments shall be of
granite, not less than four (4) feet long, and not less than
six (6) inches square, with the top surface hammer-dressed
to a six (6) inch square area. They shall be accurately set
on the roadway lines. A drill hole one-half (1/2) inch
diameter by two (2) inches deep shall be place in the center
of the top of each monument.
41) Monuments will be in conformity with the specifications of
the Division of Public Works.
42) Driveways shall not be placed at monument locations.
43) Final plans shall be submitted to the North Andover
Conservation Commission and the Board of Health for
approval. Any conditional approvals granted by those
respective boards shall be deemed as part of this decision.
4'4) The following plans shall be deemed as part of this
conditional approval:
Plans Entitled: Common Driveway Plan of Land
in
North Andover, Mass.
Plans Prepared for: Benjamin C. Osgood, Trustee
166 Elm Street, North Andover, Mass.
For:
Island Piece Realty Trust - Lots 1,3,5,8, 11 & 13
General Store Trust - Lots 2,7,9,12 & 14
Chestnut Street Realty Trust - Lots 416 & 10
Scale: 1" = 40'
Dated: Oct. 14, 1988
Sheets: 1 through 3
45) The above referenced plans shall be amended as directed by
this conditional approval, and shall be approved by the
Planning Department and the Division of Public Works prior
to the issuance of any permits for this site.
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46) All necessary easements as shown on the approved plans, and
listed in this approval, shall be recorded with the North
Essex Registry of Deeds office prior to the applicant
receiving a Building Permit.
4'7) The sewer main shall be extended from the terminus shown on
the plan under the 36" RCP culvert to the centerline of
Chestnut Street.
48) An eight inch water main shall be installed parallel to the
proposed sewer pipe from Route 114 to the proposed water
main within the roadway. An intermediate gate valve shall be
installed just south of the water service connection to the
house on Lot 2.
49) All main sewer and water utilities shall be installed in
easements dedicated to the Town.
50) Topography shall be shown on sheet 3 of the plans along the
sewer route.
51) The entire length of the sewer shall be shown in profile.
52) A sewer system extension permit, if required from the
Division of Water Pollution at the Mass. Department of
Environmental Quality Engineering, must be obtained prior to
commencing sewer construction.
53) A complete set of sewer and water as-built plans shall be
submitted and approved by the Division of Public Works prior
to the issuance of service connection permits.
54) Prior to the issuance of a building permit the applicant
shall submit copies of the deeds for each lot. These deeds
shall state clearly that this driveway is a common drive and
will not be accepted by the Town or entitled to Town
services with regard to maintenance and upkeep, this would
include trash removal and snowplowing.
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