HomeMy WebLinkAbout2011-09-20 Planning Board Supplemental Materials (4)
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
Phone: 978-688-9535
Fax: 978-688-9542
NOTICE OF DECISION
COMMON DRIVEWAY & FRONTAGE EXCEPTION SPECIAL PERMITS
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: September 20, 2011
Date of Hearings: June 21, 2011,
September 6, 2011 and September 20, 2011,
Date of Decision: September 20, 2011
Petition of: GMZ Realty Trust
Route 125 & Bradford St.
North Andover, MA 01845
Premises Affected: 1679 Osgood St., North Andover, MA 01845, Map 61, Parcels 16 and 34,
within the R-2 zoning district.
Referring to the above petition for a Common Driveway and Frontage Exception Lot Special Permit
from the requirements of the North Andover Zoning Bylaw, Section 2.20.11, 7.1.1 and 10.31
So as to allow the construction of a common driveway to serve two lots within a subdivision and to
allow one of those lots access, other than street frontage, across the frontage of the adjoining lot.
nd
After a public hearing given on the above date, and upon a motion by R. Rowen and 2 by T.
APPROVE
Seibert to two Special Permits based upon the following conditions. Vote was 5-0
unanimous in favor of the application.
On behalf of the North Andover Planning Board
John Simons, Chairman
Richard Rowen
Michael Colantoni
Rickey Glover
Timothy Seibert
Lot 7 & 8, Saracusa Way, Map 61, Lot 16 & 34
Special Permit – Common Driveway & Frontage Exception
The proposed Common Driveway and Frontage Exception Lot are located within a 9-lot Subdivision
entitled Saracusa Way, North Andover, Massachusetts, 01845, Assessors Map 61, Parcels 16, 34, &
Map 31, Parcel 4. These Special Permits were requested by GMZ Realty Trust, Route 125 and
Bradford St,, North Andover, MA 01845. The applicant submitted a complete application, which
was noticed on June 7 and June 14, 2011, and reviewed in accordance with Section 2.30.11, 7.1.1
and 10.31 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9.
The Planning Board voted unanimously in favor of the Special Permit
. A special permit issued by the
special permit granting authority requires a vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant
has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days
after the date this decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well
as its specific criteria, is met. This decision specifically stated by the Planning Board makes the
following
FINDINGS OF FACT:
1.Permit Definitions:
A.The “Locus” refers to the approximately 14.28 acre parcel of land with land fronting on
Osgood Street and Bradford Street as shown on a portion of Assessors Map 61, Parcels
16 and 34, and also known as 1679 Osgood Street, North Andover, Massachusetts.
B.The “Plans” refer to the plans prepared by Jones and Beach Engineering, Inc. dated
July 21, 2011 consisting of Sheets 1 - 22, titled “Definitive Subdivision Plan Tax Map
61 Lots 16 & 34 and Tax Map 31 Lot 4, 1679 Osgood Street & Bradford Street North
Andover, MA”, located in North Andover, Mass, record owner GMZ Realty Trust,
1679 Osgood Street, North Andover, Ma and applicant GMZ Realty Trust, 1679
Osgood Street, North Andover, MA 01845.
C.The “Project” to the construction of a common driveway, with access other than street
frontage for one lot. in the R-2 Zoning District
D.The “Applicant” refers to GMZ Realty Trust, the applicant for the Definitive
Subdivision Plan Approval.
E.The “Project Owner” refers to the person or entity holding the fee interest to the title to
the Locus from time to time, which can include but is not limited to the applicant,
developer, and owner
2
Lot 7 & 8, Saracusa Way, Map 61, Lot 16 & 34
Special Permit – Common Driveway & Frontage Exception
2.The application adheres to the bylaw restriction that no more than two (2) lots be serviced by
the common driveway.
3.The specific site is an appropriate location for access to the lot given the current and
projected traffic on the roadway and the site distance to adjacent driveways and roadways.
4.The design and location will not adversely affect the neighborhood.
5.There will be no nuisance or serious hazard to vehicles or pedestrians.
6.The purpose and intent of the regulations contained in the Zoning Bylaw are met with the
Special Permit application before us.
7.Adequate standards have been placed on the design which will meet public health and safety
concerns.
8.The specific location of the common driveway and the access across the adjacent lot’s
frontage is appropriate due to the presence of wetlands between the street frontage and the
building portion of the lot(s). The design and location of the common driveway will result in
less disturbance and impact on the local environment.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following
Special Conditions:
1.This decision must be filed with the North Essex Registry of Deeds. Included as a part of this
decision are the following plans:
a)Easements pertaining to the rights of access for and agreements pertaining to the
maintenance of the driveway shall be presented to the Town Planner to review. When the
Town Planner deems the easement adequate, a copy must be recorded with the Registry of
Deeds and a certified copy of the recorded document filed with the Planning Office.
2.Any changes made to these plans must be approved by the Town Planner. Any changes deemed
substantial by the Town Planner would require a public hearing and a modification by the
Planning Board.
Prior to any site disturbance
3.:
a.The location of the driveway must be marked in the field and reviewed by the Town Planner.
b.All erosion control devices must be in place as shown on the plan.
c.The decision of the Planning Board must be recorded at the North Essex Registry of Deeds
and a certified copy of the recorded decision must be submitted to the Planning Office.
3
Lot 7 & 8, Saracusa Way, Map 61, Lot 16 & 34
Special Permit – Common Driveway & Frontage Exception
d.Tree clearing must be kept to a minimum. The area to be cleared must be marked in the field
and reviewed by the Town Planner.
five thousand
e.A performance guarantee of ($5,000) in the form of a check made out to the
Town of North Andover must be in place in accordance with the plans and the conditions of
this decision and to ensure that the as-built plans will be submitted.
f.A construction phasing plan are must be provided to the Town Planner.
Prior to FORM U verification
4.:
a.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.
Prior to Certificate of Occupancy issuance
5.:
a.The Applicant shall place a granite bollard at the entry to the common drive off of Saracusa
Way, on which the street numbers of both houses shall be displayed. This condition is placed
upon the applicant for purposes of public safety.
b.The proposed dwellings on Lots 7 and 8 shall have a residential fire sprinkler system
installed as required by the North Andover Fire Department.
6. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
7. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility
companies.
8. No open burning shall be done except as is permitted during the burning season under the Fire
Department regulations.
9. No underground fuel storage shall be installed except as may be allowed by Town Regulations.
10. 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.
11. This permit shall be deemed to have lapsed after a two (2) year period from the date on which
the Special Permit was granted, September 20, 2011, unless substantial use or construction has
commenced. Therefore the permit will lapse on September 20, 2013.
12. The following shall be deemed part of this decision:
Plan titled: Definitive Subdivision Plan Tax Map 61 Lots 16 & 34, and Tax Map 31 Lot 4, 1679
Osgood Street & Bradford Street North Andover, MA
4
Lot 7 & 8, Saracusa Way, Map 61, Lot 16 & 34
Special Permit – Common Driveway & Frontage Exception
Prepared for: GMZ Realty Trust
1679 Osgood Street
North Andover, Massachusetts
Prepared by: Jones & Beach Engineering, Inc.
85 Portsmouth Street
Stratham, New Hampshire 03885
Scale 1” = 60’
Date: July 21, 2011
Sheets: 1 through 22
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
5