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HomeMy WebLinkAboutBALSAMO, GASPER & RAPHELLA Z E c r_s DANIEL LONG TOWN CLEJA NORTH AN50 ER TOWN OF NORTH ANDOVER MASSACHUSETTS AN t 94 PLANNING BOARD APPLICATION FOR SPECIAL PERMIT. NOTICE: This application must be typewritten Applicant: Daniel Tenney Address: 39 Summit St. , No . Andover 1. Application is hereby made (a) For a Special Permit under Section 7. 2, Paragraph 1 _ of the Zoning Bylaw. 2. (a) Premises affected are land X and buildings numbered 44 Booth Street. (b) Premises affected are property with frontage on th-, North South East West X side },� Street, known as No.Boo- >,�. Booth Street. (c) Premises affected are in Zoning District R3 , ai' = the premises affected. have an area of 31 ,.489 SF and frontage of 164.89 feet. 3 . ownership: (a) Name and Address of ,owner (if joint ownership, give al:. names) Gasper J and Raphella Balsamo , 8 Adrian St . , No. Andover Date of purchase 11 16 78 Previous owner (b) If applicant is not owner, check his interest in the premises X Prospective purchaser Leasee Other (explain) 62' front: 40' feet dee 4 . Size of proposed building: feet.Fall , 1994 Height: 2 stories: 30+- (a) Approximate date of erection le family residence sin (b) Occupancy: or use (of each floor) R (c) Type of construction Woo rame on concrete foundation /A feet front: _feet deet. 5. Size of Existing Building: N/A feet. Height: stories (a) Approximate date of erection (b) Occupancy or use (of each floor) 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? no If so, when 7 . Description of purpose for which Special Permit is sought on this petition: To allow for the access to the -lot to be constructed from Adrian Street, a partially improved private road on which the subject property has 150.00 feet frontage . 8. Deed recorded in the Registry of Deeds in Book ' Page or Land Court Certificate No. 11264 Book 83 Page 261 • 10999 81 1 9 . The principal points upon which I base may application are as follows: (must be stated in detail) . Tha rnnctriirf jnn of sa dr;.. + ast– o pseyii a .a eels -v f-.6JE Beath t . would he difficult- d1#e tothe steep -slope 94—the land aft t-hett portion of t-hp l nt I agree to pay for advertiin in npWspaper and postage fee for mailing legal notices to "P r es (Petitioner's Signature) Every application for action by the Board shall be ma n form approved by the Board. These forms shall be furnished by the Clerk upon request. Any - communication supporting 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. 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 tax list, notwithstanding that the land of such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAMES ADDRESS see attached list Add additional sheets if necessary Any question should be directed to the Planning Office TENNEY ABUTTERS MAP 98C, LOT '42,43 MAP LOT OWNER STREET CITY 98C 24 CLIFFORD & REBECCA POOLE 81 WESLEY ST NO ANDOVER, MA 01845 25 SALVATORE & LOIS GIANNI 61 WESLEY ST NO ANDOVER, MA 01845 26 GERALD & MARGARET CAMUSO 124 BLUEBERRY HILL NO ANDOVER, MA 01845 ,31 OTIS STREET NOMINEE TR 1501 MAIN ST TEWKSBURY, MA 01876 35 CHARLES & LORNA MCDONALD 42 WESLEY ST NO ANDOVER, MA 01845 36 ALON &LEAH SCHATZBERG 34 WESLEY ST NO ANDOVER, MA 01845 41 HERBERT PICKARD 2 ADRIAN ST NO ANDOVER, MA 01845 42 GASPAR & RAFFAELA BALSAMO 8 ADRIAN ST NO ANDOVER, MA 01845 43 GASPAR & RAFFAELA BALSAMO 8 ADRIAN ST NO ANDOVER, MA 01845 44 GASPAR & RAFFAELA BALSAMO 8 ADRIAN ST NO ANDOVER, MA 01845 48 GASPAR & RAFFAELA BALSAMO 8 ADRIAN ST NO ANDOVER, MA 01845 50 BRUCE & PAULA HANNAY 45 INNIS ST NO ANDOVER, MA 01845 51 RUTH O'DONNELL 323 CHESTNUT ST NO ANDOVER, MA 01845 52 JOHN & JOANNE CASEY 84 INNIS ST NO ANDOVER, MA 01845 53 AZIZ REALTY TRUST 74 INNIS ST NO ANDOVER, MA 01845 60 KEITH AND MITZI BEALS 76 INNIS STNO ANDOVER, MA 01845 8 PHILIP & ANNA BUSBY 308 CHESTNUT ST NO ANDOVER, MA 01845 94 CHEER CHIRANATHON 119 BLUEBERRY HILL LN NO ANDOVER, MA 01845 98D 13 KENNETH AHERN CO 11 SOUTHBRIDGE CIRCLE ANDOVER, MA 01810 14 STEPHEN & CHERYL JUBA 555 SALEM ST NO ANDOVER, MA 01845 2 SAVILLE REALTY TRUST PO BOX 835 LOWELL, MA 01853 23 KENNETH AERN CO 11 SOUTHBRIDGE CIRCLE ANDOVER, MA 01810 24 SAMUEL & IGNATIUS CATALDO 30 BISHOPS LANE LYNNFIELD, MA 01940 25 SAMUEL &IGNATIUS CATALDO 30 BISHOPS LANE LYNNFIELD, MA 01940 26 JOHN HYLAND ET AL 98 ABBOTT ST LAWRENCE, MA 01843 27 JOHN HYLAND ET AL 98 ABBOTT ST` LAWRENCE, MA 01843 29 ROBERT GATTINELLA PO BOX 125 PALM SPRINGS, MA 92263 3 ADELINE IOVINO 260 RIVER ROAD ANDOVER, MA 01810 48 ALFRED & DORIS SCIUTO 425 WAVERLY RD NO ANDOVER, MA 01845 51 SAVILLE REALTY TRUST PO BOX 835 LOWELL, MA 01853 Page 1 TOWN OF NORTH ANDOVEAV MASSACHUSETTS t � X04..°.,•..'`y 4SSACNUSES Any appeal shall be filed Within (20) days after the NOTICE OF DECISION date of filing of this Notice In the Office of the Town. Date, September. . 1994 Clerk. August 16,� 1994 Date of Hearing September 6, 1994 Petition of Daniel Tenney . . .. . . . . .. . . . . . . . . . . . . Premises affected , .44 ,Booth .Street , . • . • • . • • , • , , Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw .. Section .7.2,, Para 1. . . . . . . . . . . . . . . .. . . so as to 4xXxIek allow.access .to the .lot .other theirl ,over; Jt4e .. Sa.1 ,fr~c��aget , ,cin property located at 44, Booth Street. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY t0 APPROV . . . . . . . . .the . .SPECIAL PERMIT . . . . . based upon the following conditions: cc: Director of Public Works Signed Building Inspector Conservation Administrator Richard A: Nardellar,Chairinsh,,, , Health Sanitarian . . . . . . . . . . . . . . . . . . Assessors Joseph,Mahoneyl.Vice'9WL44 LP. . . Police Chief Fire Chief Richard Rowen�.Clerk , , , , , Applicant ' Engineer John Simons . . . . . . . . . . File . Interested Parties Alison Lesc.rT�V#V; .Associate.Member 'planning Board ' NowtH KAREN H.P.NELSON oto Director Town of D 120 Main Street, 01845 BUILDING ;,;_:.`.''--.���"9' NORTH ANDOVER (508) 682-6483 CONSERVATION @�cHusEt� DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT September 12, 1994 Ms. Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit Access 44 Booth Street Dear Ms. Bradshaw; The North Andover Planning Board held a public hearing on August 16, 1994 in the Senior Center behind the Town Building upon the application of Daniel Tenney, 39 Summit Street, North Andover, MA, requesting a special permit under Section 7.2 Paragraph 1 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on July 27 and August 3, 1994 and all parties of interest were duly notified. The following members were present: Richard Nardeila, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member. The petitioner was requesting a special permit under Section 7.2. 1 of the North Andover Zoning Bylaw to allow access to a lot other than over the legal frontage, located at 44 Booth Street from Adrian Street. Mr. Rowen read the legal notice to open the public hearing. Mr. John Simons arrived at 9:20 p.m. Mr. Phil Christiansen, Engineer, and Mr. & Mrs Tenney were present. The applicant is requesting access other than over the legal frontage lot. Legal frontage to the lot is on Booth Street. They would like to access the h©me from Adrian Street Mr. Nardella questioned the need for permission in writing to gain access. Adrian Street is unimproved right of way with rights to pass and repass - private ways open to the public - municipality does not have the requirement to maintain it. Mr. Mahoney would like roadways discussed at a workshop. Page 2 : 44 Booth Street Mr. Rowen read a letter from D.P.W. . Adrian Street isnot up to Town standards, therefore no town services will be provided on Adrian Street. Mr. Nardella asked for a deed restriction on the property. Attorney Ralph Joyce suggested that a restriction be placed in a condition of the special permit. On a motion by Mr. Mahaney, seconded by Mr. Rowen the Board closed the public hearing. Decision to be discussed on September 6, 1994 . Mr. Rowen told staff to put in the requirement of a sprinkler system. On September 6, 1994 the Planning board held a regular < meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau Associate Member. Discussion of appropriate address for Booth. Street. Fire safety issue with the address. Ms. Colwell to check with D.P.W. and Fire Department. Zero bond. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the access other than over the legal frontage for 44 Booth Street, Attached are those conditions voted by the Planning Board. Sincerely, P nn ng Board I�&& Ric ar ` A. Nardella, Chairman' attachment cc: Director of Public Works Building Inspector Conservation Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File 44 Booth Street Special Permit Approval - Access other than over legal frontage The Planning Board makes the following findings regarding the application of Daniel Tenney, 39 Summit Street North Andover MA , 01845, dated July 22, 1994, requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw to allow access to the lot other than over the legal frontage. This decision hereby allows the applicant to: access the property located at 44 Booth Street from Adrian Street as shown on the plan referenced in Condition 1, FINDINGS OF FACT: The Planning Board finds that due to the steep slopes that are present on the site along the legal frontage located on Booth Street, access to the lot from Adrian Street is appropriate and will minimize the amount of disturbance on the site. The Planning Board makes the following findings as required by Section 10. 31 of the Zoning Bylaw: 1. The specific location of the driveway is appropriate due to the steep slopes along the legal frontage on Booth Street; 2 . The design and location will not adversely affect the neighborhood as the access to the lot will be from a paper street adjacent to another home, 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. Adequate standards have been placed on the design which will meet public health and safety concerns. 5. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application before us Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS, 1. This decision must be filed with the North Essex Registry of Deeds. Included as part of this decision is the following information: a. Plan titled. Site Development Plan of Land Located in North Andover, Mass Prepared For: Daniel Tenney Scale: 1" = 401 Date:. June 1', 1994 ; Revised: July 6, 1994, July 20, 1994 Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 2. The Planning Board has determined that Adrian >Street does not meet minimum requirements for width, grade and construction and is therefore considered a private driveway. As such Town services such as recycling, trash, and snow removal will not be provided on Adrian Street until such time as Adrian Street is upgraded .to meet Town Standards and is accepted as a public way. Town services will be provided to this lot on Wesley Street at the point where Adrian Street intersects with Wesley Street. 3 . Prior to any work on site. a. The location of the driveway must be marked in the and reviewed by the Town Planner. b. No performance guarantee will be required for this project. C. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Department of Public Works. d. A detailed construction schedule must be submitted to the Planning Office. e. A copy of the recorded decision must be submitted to the Planning Office. f. All erosion control measures must be in place and reviewed by the Town Planner. 4. Prior to FORK< U verification (Building Permit issuance) being for the proposed dwellings, a. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Division of Public Works and be in compliance with all other Permits and Approvals issued for this site. b. Basements and agreements pertaining to access and maintenance for the driveway must be recorded with the Registry of Deeds 5. Prior to a Certificate of occupancy being issued for "either dwelling, a. The proposed dwellings must have residential fire sprinkler systems installed in accordance with the provisions of Standard 13D, N.F.P.A. . b. All slopes must be stabilized and reviewed by the Town Planner. 6. Prior to the release of the performance guarantee: a. The applicant shall submit a certified copy of an as- built plan which show all construction, including`' sewer lines, and other pertinent site features. This as- built shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer. 7. The contractor shall contact Dig Safe- at least 72 hours prior to commencing any excavation. 8. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 9. All catch basins shall be protected and maintained with hay ` bales to prevent siltation into the drain lines during construction. 10. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 11. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 12. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 13 . This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will lapse on $EET t3 1996. cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File 44Booth.drive