HomeMy WebLinkAboutKASABUSKI, MICHAEL RErERfj Iffifi BOQBD
T DANIEL CQft
NORTH ANDOVER
NORTHAtWWWA C H U S E T T S
OCT 126 P R `' Noy,„ Any appeal shall be filed
within (20) days after the
date of filing of this Notice
i
b
CNI/5f1 in the Office of the TWWn
- ,JSA
OWL
NOTICE OF DECISION
4
Date. . . .Sept. !mber, 22,,, ,1986, , , , ,
Date of Hearing . .July. 7. . 1986
Petition of . . . ..riIgHAEL,&, JODIE, KASABUSKI , , , , , , , , , , , , , ,, ,
Premises affected . . . .M.ARBLERIDGE ESTATES ,. LOT 1, . CARRIAGE.CHASE_ .
Referring to the above petition for a special permit from the requirements
of the . . . FlQrth. A414yer Zoning Bylaws, Section .4 :133,,_ ,Paragraph, ,(d)
. . . . .
so as to permit a driy . .qy. crossing ,oyer a, , ,,, , ,
. . .tributary. that. a�ads..t4 .��ke. .�4eh cl}gwick: . . .. . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
conditionally
to .apQZQBV. . . . . . .the . . . . . .$pep.�cjl, Permit:. . . . . . . . . . . . . . . . . . . . . . . . .. . .. . .. .
based upon the following conditions:
Signed
.l.gl}.W.•. .Jd t;schen, Chairman
,rt Michael, P., ,Roberts�. Vices Chairman
John,L.: Simons, Clerk ... . . .. . .. . .
Paul A. Hedstrom
. . . . . .. .. . . . .. . . . . ... . ..
John J. Burke
.. • " " 'Platini g Board• .. • • ..
i'
bklgf�`m �.�'
!'1l�! ��� OWN OF NORTH ANDOVER
H0�1P, i JOWN
Main Street
f 26 ph Andover, MA. 01845
685-4775 AM"PW*Mb*NW
dMNOR7M 1�1Rf1lit �{ uX��
of iR 1 8
in 1M OMW of 11ti TOwn
,SSACMUy�
September 22 , 1986
Mr. Daniel Long, Town Clerk
Town Office Building
120 Main Street
North Andover, MA 01845
RE: SPECIAL PERMIT - MARBLERIDGE ESTATES
LOT 1 - CARRIAGE CHASE (WATERSHED DISTRICT)
Dear Mr. Long:
The North Andover Planning Board opened a public hearing
upon the application of Michael and Jodi Kasabuski on Monday
evening, July 7, 1986 at 8: 30 p.m. 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 7th meeting: Erich W. Nitzsche, Chairman, Michael P.
Roberts, Vice-Chairman; John L. Simons, Clerk and John J. Burke.
The petitioner seeks a Special Permit to permit the construct-
ion of a driveway crossing over a tributary that leads to Lake
Cochichewick on the premises located on the east side of
Carriage Chase, Lot 1 in the Marbleridge Subdivision. The parcel
is located in the Watershed District and the Residential 2
Zoning District containing 4 acres of land in accordance with the
plan dated January 3, 1986 prepared by Christiansen Engineering,
Ind. , 114 Kenoza Ave. , Haverhill, MA. The permit request is in
accordance with Section 4. 133, paragraph (d) of the North Andover
Zoning Bylaw.
At the hearing the following discussion took place:
John Simons read the legal notice and letters from the
Board of Health and Fire Department. Mr. Phil Christiansen, from
Christiansen Engineering represented the applicant and made
the following comments:
-2-
- The project consists of the construction of a'
residential house, driveway, and pump station
for the sewer.
- Lot 1 consists of 6.4 acres located off the end
of Carriage Chase in the Marbleridge Subdivision.
- It will connect to an existing sewer system.
- A conduit will be installed under the stream to
accommodate utilities.
The project has been approved by the Conservation
Commission.
— Slightly over 50 ft. frontage —pork chip lot which
was shown on the original plan.
- Erosion controls will consist of haybaling around
construction, check dams and pumping.
The following list of materials have been submitted for
review and consideration for the Special Permit request: Plan
of Land prepared for Michael and Jodie Kasabuski located in
North Andover, MA dated January 3, 1986 prepared by Christiansen
Engineering, Inc. , one (1) sheet; application for Notice of
Intent for Lot 1, Carriage Chase, prepared by Christiansen
Engineering, Inc. submitted to the North Andover Conservation
Commission which includes Section A, Sectional Plate Arches,
Section B, Typical Pump Station Details, Section C, Drainage
Analysis, Section D, Construction Sequence; Conditions for
Approval of Special Permit in accordance with Section 10.3.1
submitted by Christiansen Engineering, Inc: ;: Order of Conditions
DEQE File N6.242-32 for Michael & Jodie Kasabiiski, Lot i , Carriage
Chase, dated June 20, 1986.
The following members were present and voting at the
September 22, 1986 board meeting when the board rendered their
decision: Erich W. Nitzsche; Michael P. Roberts; John L. Simons;
John J. Burke; and Paul A. Hedstrom.
Upon a motion made by Michael P. Roberts and seconded by
John J. Burke , the board voted UNANIMOUSLY to
conditionally grant the Special Permit request as shown on plan
dated January 3 , 1986 prepared by Christiansen Engineering, Inc.
for Michael and Jodie Kasabuski subject to the following:
1 Prior to any construction activity at the site the
applicant shall submit for review and approval extensive
plans designed to mitigate any potential erosion and
sedimentation from entering the wetland tributary.
2. The applicant shall retain an engineer at his expense to
submit monthly reports to the Planning Board on erosion
control maintenance and slope stabilization and wetland
reve etation and overall status of this driveway
Y
development.
-3-
3. $25,000 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.
4. Provide the Planning Board with a written list of ALL
contractors and builders involved during ALL phases of
construction activity on site.
5. The decision will be recorded at the Registry of Deeds prior
to any construction on site and the original shall subsequently
be forwarded to the Planning Board for their files.
6. The applicant shall comply with the NACC Order of Conditions
as set forth in DEQE File #242-352 .
7. The turnouts shall be provided in sufficient width for Fire
Department apparatus to be reviewed by the Fire Chief and
Planning Board. A letter from the Fire Chief shall be forwarded
to the Planning Board confirming that the driveway has
sufficient width of turnouts to provide the necessary fire
protection to the dwelling.
8 . The maximum pavement width of the driveway shall be 15 feet,
except for the shoulders and turnouts.
9 . The property of Lot 1 on the northern side of the driveway
where the turnouts are shown shall minimize tree cutting and
in the area of tree cutting for the turnouts. Trees shall be
flagged for the Planning Board (or designee) and Tree Warden
review prior to the applicant removing said trees from the
property.
10. An additional hydrant is needed on the driveway which shall
be located within 500 feet from the front walkway of the
proposed dwelling. Where the driveway connects with the
cul-de-sac, a permanent house number shall be clearly
posted at all times.
No open burning shall be allowed except with permission of
the North Andover Fire Department.
Any underground fuel storage must comply with the Fire
Department requirements in the Watershed District.
11. The driveway shall be paved prior to occupancy of the dwelling.
12 . The work permitted under this Special Permit shall be completed
no later than June 1, 1987.
13. Upon completion of the driveway, the applicant shall request a letter
of compliance from the Planning Board accompanied with a letter
from the Project Engineer who prepared the construction plan
stating that the work has been done in accordance with the plan
and approval specifications.
-4-
In granting this Special Permit, the Board finds pursuant to
SECTION 10. 31-CONDITIONS FOR APPROVAL, that the following conditions
are met:
a. The specific site, Lot 1 Carriage Chase, in the Marbleridge
Estates Subdivision is an appropriate location for the
proposed driveway due to the fact that a good portion
of the driveway exists at present in the field and the
permit allows for improvement and minor widening of the
existing gravel way to the proposed dweling site.
b. In compliance with said plans, the use will not adversely
affect the surrounding neighborhood. THe existing tree line
will remain on both sides of the driveway other than for the
necesary cutting to permit fire department access to the
dwelling.
c. There will no nuisance or serious hazard to vehicles or
pedestrians. This property is isolated from any through
street and provides access to land owned by the Town of
North Andover.
d. Adequate and appropriate facilities will be provided, public
water and sewer, for the proper operation of the site for
future residence.
e. Based on site visits, public hearing process, and review by
town boards, the construction activity is considered to be
in harmony with the general purpose and intent of the Zoning
Bylaw.
Notation: Per verbal assent, the owner (developer) may provide
additional tree plantings in the subdivision to be supervised
by the Tree Warden.
Sincerely,
PLANNING BOARD
e z . .�. ,�
Erich W. Nitzsche
Chairman
EWN:kn
Fire Chief
Highway
Public Works
Tree
Police Chief
NACC
Building
Health
Assessor
Applicant
Engineer
File Parties in Interest
RECEIVED
DANIEL LOt IG
TOWN OF NORTH ANDOVER NORT+iAfDaVER
MASSACHUSETTS
PLANNING BOARD BEI; 9 4
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant M-i.chae•C Kazabasii: Address 205 8Aentwood Ukeee, N. Andover.
1. ' Application is hereby made
(a) For a Special Permit under Section ^, Paragraph 10.3 of the Zoning By-Law.
2. (a) Premises affected are land_ and buildings numbered Street.
(b) Premises affected are property with frontage on the North X South
East, Westside of Cak&iage Chase Street, and known as
No. - Lot 1 CgAA. ge Chabe Street.
lc) Premises affected are in. Zoning District R2 , and the premises affected
have an area of 6.4 ace.6 and frontage of 59. 14 feet.
3• Ownership:
(a) Name and address of owner (if joint ownership, give all names):
Jodie and MichaeC Ka6abushi•
Date of purchase Manch 7, 1984 Previous Owner Q.D.F. TAcc6t
(b) If applicant is not owner, check his interest in the premises: `
Prospective purchaser
Lessee
Other (explain) N.A.
4. Size of proposed building: 5000 6q. 6t. front; feet deep
Height:- 2 stories; feet.
(a) Approximate date of erection Ea.P.f. ob 1921
(b) Occupancy or use (of each floor) 6ingte Jam.i.Cy Ae6idenee
(c) Type of construction_ ulnad 41 amp.Air venoeh
Size of Existing Building: N.A. feet front; feet deep
Height:�wstories feet.
(a) Approximate date of erection N.A.
(b) 'Occupancy or use (of each floor) N.A.
(c) Type of construction N.A.
6. Has there been a previous application for a Special Permit from the Planning Hoard
on these premises? ye6
If so, when_ JutU 1986, to eho.66 a ttci.bu any, approved unanimoutyy
7. Description of purpose for which Special Permit is sought on this petition:
_ A common dtr i. ewau. Lal 1 Cax iage Chase has .Less .than 60 Jeet oA 4nontage gn
an exiAtina )Load way. Loi 16 which iz adjacent to Lot 1 has te6s than 54 Aeet
o . �iAontaae an an exi4ttim Aaadwau theh.ebone! a dni•vewau ea.6ement was given to
Lot 16to allow acce.66 .i.nto 4,i •Zoe to minimize the cutting o6 50+ Veale otd .tAee.6
which "t in jAont a6 Lot 16. The .idea is pox both tandowneu to 6hake the
use oA apmoximatety 100 fleet aA ditivewau Thio wyu.2d m�,d4&m ze &hg imioact o4
any adci<:t ionar? .tAee cutting and aff?ow eas�i aece66 .into both .tots.
- �y
(over)
8. Deed recorded in the Registry of Deeds in Book 2049 page 178 or Land Court
Certificate No. Book Page ,
9. The principal points upon which I base my application are as follows: (must be '
stated in detail)
A common dAive'l drive' needed Jan, a dL4tance ob appnox.imateZy 100 $eek
to mdn,cmize the kract on the e_Wt ,na tAee-a Lot i ho an ex%.6.ti.na d 4y ugr
zeuicing Lot 16 thnoujgh a driveway eadement T Aeet the .impact oA having
.two d4ivewaub on one tot with .Cep., than 60 ,Beet oA {montage woutd be a
handdh ip, detract AAom the neighborhood and have an adve&6e .impact on .the
envitonmen t.
I agree to pay for advertising in newspaper and postage fee for mailing legal
notices to "Parties in inte est"
0
1 (Petitioner's signature)
Every application for action by the Board shall be made on a form approved by the
Board. These forms shall be, furnished by the Clerk upon request. Any communication
ptrrporting 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
shall include the petitioner, abutters, owners of land directly opposite on any public
urr 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 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 INTEREST '
NAM13 ADDRESS
Cha)rted A. 6 Sudan S. Papat.i.a 99 Coachman's Lane, No. AndoveA
Howaad. L. and Juti.a 0. Knamen 115 Coachman'z Lane, No. Andover
V. Scott Fot &n6bee P. d. Box 398, No. Andover.
Town og. Nohth AndaveJr
MmUeA,idge NeveCopment Conp. 865 TwLnpike St. , No. Andover
ADD ADDITIONAL SHEETS, IF NECESSARY.
T
MUM MU
t_,�
TOWN OF NORTIL_ANDO4ERGASlEL '_U!iG
MASSACHUSETTS T"v "I 1FK
ND ' : 'IJ� ER
JAN lz 3 34 Pig, `87
n
7;0
NOTICE OF DECISION
Date. . . .January. 22: . 19.8.7 . ,
Date of Hearing January.12, . 19.87
Petition of , , ,,Michael A. Kasabuski. . . .. . .
Premises affected Lot 1, Carriage Chase
. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the NAxt . McjQYeX. .Zgninq ,Bylaw a ,Section,A..3 0..1 , , , , , , , , , , , , , ,
so as to permit . . . . .gpAE trucf i,Qn, Ag ,a, common,,driveway ,to, service
. .2. .l.ats. . . . . . . . . . . .. . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . .
After a public hearing given on the above date, the Planning Board voted
conditionally
r to - APPrAVQ. . . . . .the . . . . . . . .Sgecial ,Permit . . . .. . . . .. . . . . . . . . .
1
based upon the following conditions:
k
{ See attached.
Signed
,Chairman
,1jjcAael P. , Roberts i ,` Tice.Chairman
,J9hn L., ,Simons,,, Clerk , , ,, ,
,Paul ,Ff; , Hedstrom , , , , , , ,, ,
John J. Burke
. . . . . . . .planning Bonrcc�
MUM HIH
TOWN OF NORTH ANDOVER TOWU L'yF �K
120 Main Street No ! ' F:1,oly,ER
North Andover, MA. 01845
685-4775 .JAN LZ 3 34 ?M +87
NORTH
f
i 1
s o• r
January 21, 1987
Mr . Daniel Long, Town Clerk
Town Hall
North Andover , MA 01845
RE: MARBLERIDGE ESTATES SUBDIVISION, LOT 1, CARRIAGE CHASE
COMMON DRIVEWAY SPECIAL PERMIT
Dear Mr . Long ,
The North Andover Planning Board opened a public hearing upon the
application of Michael A. Kasabuski, 205 Brentwood Circle, North
Andover , on Monday evening, January 12 , 1987 in the Town Office
meeting room. The hearing was advertised in the North Andover Citizen
on December 18 and December 24 , 1986 . The following members were
present at the January 12 , 1987 meeting: Erich Nitzsche, Chairman;
,John L. Simons , Clerk; John J. Burke, Paul A. Hedstrom.
The petitioner seeks a Special Permit for a Common Driveway to
service two lots (Lot 1, Carriage Chase and Lot 16 , Carriage Chase) in
the Marbleridge Estates Subdivision under section 2. 30.1 of the North
Andover zoning Bylaw. Both lots are in the Residential 2 (R-2) and
Watershed Overlay zoning District designation. Lot 1 has 6.4 acres,
lot 16 has 3. 32 acres. The property is under the ownership of Michael
A. Kasabuski.
At the hearing the following discussion took place:
John Simons read the legal notice and letters from NACC, the
Board of Health, the Fire Chief and the Police Department. Mr . Cyr
gave his report in person. Mr . Phil Christiansen represented the
applicant.
Page 2
j - The driveway will access two lots off of a cul-de-sac.
- Mr. Cyr said he felt it was a good use of a common driveway
application, which he ordinarily would not approve.
MOTION: By John J. Burke
SECOND: John L. Simons
VOTE: UNANIMOUS to close the public hearing.
The Planning Board rendered their decision at the January 12,
1987 meeting. The following members of the Board were present and
voting: Erich Nitzsche, Chairman; John L. Simons, Clerk; John J.
Burke; Paul Hedstrom.
MOTION: John Burke
SECOND: John Simons
VOTE: UNANIMOUSLY to grant the Common Driveway Special Permit in
accordance with the various Boards and Departments
recommendations and the standard Planning Board Rules and
Regulations on Common Driveways. The Special Permit was
approved subject to the following:
I. The driveway will be constructed independent of the catch basins
which are constructed at the end of the cul-de-sac.
2. Stop signs are to be placed at the intersection of Marbleridge
Road and Great Pond Road on Castlemere at the request of North
Andover Police Department.
3. Prior to construction, the common driveway shall be shown on a
plan and referenced in deeds and easements. A driveway permit
shall be obtained from the Highway Surveyor.
4 . Each lot served by the common driveway shall have a covenant
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
Michael Kasabuski and prior to any construction activity on the
site.
5. At the entrance to the Common drivewav, 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.
6 . Said drive to be paved prior to occupancy.
7. The applicant shall provide the planning board with a written list
of contractors and builders involved in all phases of construction
prior to commencement of work.
8 . Upon completion of the driveway and prior to occupancy, the
applicant shall request a Letter of Compliance from the Planning
Page 3
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 Order of Conditions listed number 1
through 8.
Plans dated 11/12/85 (submitted in December 1986) -
highlighting the common driveway.
The applicant shall meet the recommendations of the Fire
Chief, as set forth in the letter from the Fire Chief dated
December 8, 1987. (Including a sprinkler system to be placed
into the house on Lot 1 as mutually agreed. )
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 due to the fact that the driveway is
of minimal length, it allows for preservation of existing
trees and the area is in the watershed;
b. The common driveway will not adversely affect the neighborhood
due to the fact that it will have no impact on the adjacent
lots and will only serve as access to two lot;
c. There will be no nuisance or serious hazard to vehicles or
pedestrians by the construction of the driveway due to
sufficient site distance and minimal traffic at the site;
d. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use, specifically be means of
recorded maintenance agreement and posting of addressed.
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.
Sincerely,
PLANNING BBOO/ARD
`�
Erich W. Nitzsche, Chairman
EN/tw
cc: Fire Chief Health File
Public Works Building Assessor
NACC Applicant Interested Parties
Police Chief Engineer