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HomeMy WebLinkAboutMiscellaneous - Laconia Circle._�_. 'AnyIppeal shal,".e filed P6QMMf NG BORflO F= Within (20) days after t�W N 0.1? N o R ,r lI A N T) O D E Iz dated filing -+f this Notice M A S S A C n U S F. T T S In the Office of the Town Clerk. "° o'" �ti, JUL N C." it o o � P "SA Us NOTICE OF DECISION Date.... July. 8:..1986.......... . Date of Hearing .. , .J e..16 :. 1986 Petition of ..... EQUESTRIAN ESTATES ASSOCIATES REALTY TRUST :........................................................ Premises affectedLaconia Circle - Lots lA & 1D . . . . Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zonincj. Bylaw Section .2. 30..,1. , . of the .... ... .. so as to permit ...... construction.'of .a. common driveway _ _ . .. _ . , ... . .... ......... After a public hearing given on the above date, the Planning Board voted conditionally to ...aPProve..... the ........ Special.Permit ............................... based upon the following conditions: Signed Zxicb. W.• .Nitz.scbe.,..Chairman Mi.cbaeL .i?.. RDlhert:s.,..Vice: Chairman :TOhr� . Clexk ....... J.0.44. ,T..Auxvkp................. Paul A. Hedstrom .planning Board kn RECEIVED WHIN SUM DANIEL LONG TOWN CLFR(WNO11 TI1 AND0VLIt NORThA+GOVERp MASSACHUSETTS JUN Z .10 29 AM IlE .,AORrM o ^ SSACNUSE� NOTICE OF DECISION Any app^a! s',aA be filed within (' O) days alter the, date of Hing of oig �otice in .the .Office cd the Town Clerk: 5 June 17, 1985 Date............................. Aprill and 22, 1985 Date of Hearing ................. Equestrian Estates Assoc.. Realtv•Trust . • • .... . . . . . . . ....... . Petition of E uestrian Drive 1) Lots 29.30.32 Laconia Circle, 2) Lots 23, ... q Premises affected .. • • .. • C Ircle, 3) Lots 12,13 Laconia• C ircle and and Lot •31 Laconia Lot 18 Equestrian Drive Referring to ,ae above petition for a special permit from the requirements r -rtl ; Andgyer Zoning, Bylaw Section. 2;75,�riveways, • , , , , , , , of the .......... driveways. . . . . ........... . so as to permit ....... three, common, . After a public hearing given on the above date, the Planning Board voted ..GRANT APPLICATIONS ..................................... to........he .... Signed Paul A. Hedstrom:Vice Chairman .. • .. .John A. •James,Jr:: Clerk ...... John.J. Burke •.................. Erich W Nitzsche ,.. _ , , ........Planning * 13 oarcl ....... . RECEWED OARIEt Upic TOWiPJC�io NORTH ANIDOYER hMN HM TOWN OF NORTH ANDOVER MASSACHUSETTS JUN 210 1. . T.. °f ',° O D �,SSACNUSE� h Mr. Daniel Long Town Clerk Town Office P.ui. ding North Andover, "ia 0I.R45 Re: Common DYiveway Special. Permits -- 1�Lot ,9,30,32 Laconia CTi•rcle 2) Lo -s 23,24 Equestrian Drive Lot 31 t.aconia Circle 3) Lots 1;.13 Laconia Circle Lot .8 Equestrian Drive Dear Mr. Long: Any appeal shall be filed within (20) days after the date of tiring of this Notice in the Office of the Town Clerk. June 17, 1985 Phe Nort-. Andover Planning L3oacd opened the public hearing upon the app.lic,tion of Equestrian Estates Associates Realty Tcust on Monday eveni,g, April 1, 1995 and continued said hoaring to April 22, 1085 in the Town Office Meeting Room. The hearing was : duty adverbcd in the Na North Andover Citizen on March 7 and 1.1, 1985. No test-Imony was taken at the April 1, 1985 hearing. The following were present: April. 1, 1985 - Michael P. Roberts, Vice �_:I-iairman; John'A. James, Jr. ,Clerk; Erich IN. Nitzsche; and John J. Rurke, April 22, 19_8_5 - haul A. fiedstrom, Chairman; Micliae.l_ P. Robc ts, Vicc Chairman; John A. James,Jr.,CLeck; Erich w. 1Qitzsche; an. -I John J. Burke. `rlhe Peti':i-over seeks three (3) Special Permits unlec Section 2.75 Driveways of the North Andover Zoning Bylaw, which requires a Special. Pc.r.mit or a driveway to scrvi.ce more thin onc. 1_ot. The premises are ki;-fwn as 1) Lots 29, 30, 32 Lzconia Circle (Located on t, -►c south sici, �_f Laconia Circle; 2) Lots 23,24 Equestrian Drive and Lot 3L 1,ac ,nip Circle (locates] on the south side of Laconia Circle anc.l wes' s de of Equestrian Drive); and 3) Lots 1.2, 1.3 Laconia Circle -end Lot 18 Equestrian Drive (located on the south side of Laconia Circle and east sicle of Equestrian Drive). All of the referenced 'ots are situated in a Residential - 2 (r-2) zoning district. Saic'lots contain an area of at least one acre up tothree' acres pl.u;, and have 50 feet of frontage (frontage exception lot) or 150 fee.- of frontage. i „questrian Estat Common Driveways Page Two - Special Permits At the hearing, Mr. roin Neve, the project engineer f rom Vcve Associates made the presentation at the public hearing. Said common driveways shall. sey7vlce no more than three house lots,, (as specified below); Lots 20,_30,32: In order to gain reasonal)Lc access to t; 30 and 32, the a )pl.i.cnrnts rr.opose to cons cuct ,a comm,. n driveway over. Lot 2" and 31. to gain access to Lots 30 Lana 2. Acro.r:ling to 17.I.ectric, t'•rei r policy rcqui. -cs access under their :high tension 'Lines 110 �.>> perpe+dicular to their easement. The location of this commo i driveway complies with their policy, but also mi ni.m . zes the impact on the environment. Lots_ '3,24 Equestrian Drive and 31 Laconia Circle: T'T�T to or•ier to minimize the impact to the environment and to provi�'e acceptable. means of access to each proposes] dwelling site, the applicants propose to construct a common driveway crossing the Legal frontage of- Lot 24, continuing along and near an existing woods roar] over. Lot 23,24 and to Lot 3.1. This driveway shall have. a :dual purpose; provide practical and reasonabLe access to all building sites and, secon,r1ly, it will be constructd-] in such a way which shall resuLt in hydrologic impoundient. It will create a retention storage pond which wiLl function to mitigate flood storage, storm damage prevention as well as provide compensatory wetLznds. A 12 inch culvert shall be installed as shown to meter the retention. Lot., 12,13 Laconia Circle and .18 Equestrian Drive: In ordeL to gain access to the 'r)ui Lding sites on Lot 12, .1.3 and 3, it became necessary to cross a vegetative wet la i(l. This crossing is requlated by Ch. 131 Section 40, "1'he Wetlands Act' under Section 1U.53 paragraph 3(e) rhich states the following: "the act hermits ti -Ie foLlc,ing limited projects—the construction and maint �riance of a new roadway or driveway of minimum Legal and r -tactical width acceptal-)to to the :Planning Roar_r] where reasonable alternative means of access to an upland area ,..£ the same owner is unavailable. Such roadway or driveway shall be constructed in a manner whicli does not restrict the flow of. water". Thus the applicants propose to cortstruct a `commondriveway along the easterly sideline of Lot 12, a2 feet wile and parallel to said sideline. A 24 inch culveet shall be installed under said driveway so as not to restrict the flow of water. � Equestrian Estat. Common Driveways Page Three - Special Permits Discussi ~n follo%,ied-regarding atter.nativc access. Also attention focus(•rl n the fact tliat some of the lots will not have driveway access from the street in w.-lic;1 their frontage exists. This could pose a danger in the event of an emergency determining the nouse address and gaining access from a different street. T1 -ie fo:.j_(ring members were present and voting at the June 17, 1985 meetinr when the board rendered their decision: Paul A. Hedstrom, Vice "'nairman; John A. James, Jr.,Clerk, Erich W. Nitzsche; and John J. Burke. MOTION: By Mr. Nitzsche SECOND: RV Mr. James Vote: To approve the three (3) Special Permit applications for Equestrian Estates Associates Realty Trust, plan dated January 3, 1985, prepared by Thomas E. Neve Associates of ,ropsficld, Ma., subject to the following: 1. Each common driveway shall provide access to lots by way of the road where the legal frontage exists. This will eliminate potential confusion on the part of emergency vehicles, specifically Lots 31,12,13,18. 2. Each approp.t .at- , common driveway shall be shown on plan and referenced i, coed as easements. 3. A driveway permit shall be obtained from the Highway Surveyor. 4. The town„ of North Andover shall not be responsible for maintenance )r servicing of said common driveways. 5. Each lot ser -je . by a common driveway shall have a covenant running in perpetuity with the land detailing the maintenance responsibility of each lot owner. Language to be reviewed by Town Counsel- and Planning Board prior to recording at t11e North Essex Registry of Deeds by the Trustees of Equestrian L;sti-Ates Associates Realty Trust. b. On the commcm driveway easement at the intersection of the riglit-of-way a sign shall be posted (to be reviewed an,.l approved by, the Zoning Inspector, Fire Chief and Planning 13oarrfl with the addresses of common driveway lot owners. A reference of tine required sign sliall be placed in the covenant and deed of the lot owner. 7. Turnouts -.hall be provided in sufficient wicltll for f ire department apparatus, to be specified and reviewed by the Fire Chief and P..ar. Ing Board. A letter from the Fire Chief shall be for.war.ded tc the Planning Hoard confirming that each driveway has suff.ici, nt width .and turnouts to provide the necessary fire protection to each dwelling. aszrian r.5Lauc5 ommon Driveways Page Four "t+c�_a.u... � --... 8. Upon coma;-t,.on of the common driveway, the applicant s.1 request a J. ttt.r of . compliance from the Planning Board accompanied +ixh a letter from the project engineer who prepared said plan stating the work has been done in accordance with plan and approval specifications. 9. Hydrants shall be provided as specified by the Board of Public Works and Fire Department. artment. P In granting the three (3) Special Permit requests, 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 driveways are appropriate locations for such a use; b. The com!ion driveway as proposed, with the required changes, will not ad,rersely affect the neighborhood; c. There •,4ill be no nuisance or serious hazard to vehicles or pedestrians by the construction of common driveways; d. Adequate a,d appropriate facilities will be provided for the proper operation of the proposed use, specifically by means of a recorded maintenance agreement; Based on siti visits, the public hearing process, and testimony from town boan3s and departments, the proposed common driveways are in harmony with t -ie general purpose and intent of the Towns Zoning Bylaw, specifically Section 2.75. "A way located on a lot wM ch provides «vehicular access to the buildings on the lot. Each driveway shall service no more than one lot. Subject to the ---- granting of a Special Permit from the _. Planning Board, a driveway may be shared by not more than three (3) lots. rack such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land." Sincerely, PLANNIN/G� BOARD � PGa�--uul..r' A. .{ ; i e ,3 s t r o m, Vice Chairman PH/kn cc: DrQr Fire Chicf i-iighway SurN eyl-r Pubo_ i c Works Conservation Commission Police Chief Board of Health Building 'Inspector Applicant Engineer File Interested Parties RECE!`!Ei? HMM DANIEL LONG TOWN CLFP'{,�, pWN OF NORTH A N D,f7°YAL NORTH 4�f[ 0VL�R MASSACHUSETTS JUN Z I r 19 29 AN '85 NORTH 04 b0.FW P SS CH NOTICE OF DECISION Any app^a! s',a:l be filed within 0) days after the date. of ir fing of i� Not,ice in -;the ,Office alp fhe :;Town Clerk: June 17, 1985 Date............................. Date of Hearing Aprill..and• 22: •1985 Enuestrian Estates Assoc. Realtv Trust Petitionof.................................................... .............. 1) Lots 29. 30.32 Laconia Circle, 2) Lots 23,24 Equestrian Drive Premisesaffected .... .. • • • • • • • • • • • • • • ' • ' " ' " ' and Lot •31 Laconia • C lrcle, 3) Lots 12,13 Laconia•Circle and Lot 18 Equestrian Drive Referring to 'he above petition for a special permit from the requirements of the .......... NQrth Andover, Zoning, Bylaw,, Section, .. 75,Driveways, , , , , , , , , so as to permit .......:orlstruetign,of three common, driveways• , , , , , , , , , , , , , , , , , ,__ ..__ After a public hearing given on the above date, the Planning Board voted to ..GRANT ........he .... APPLICATIONS...... ......................... ...._. _._ Signed Paul A. Hedstrom,. Vice Chairman ............................... a John A. James,Jr.,Clerk ............................... John J. Burke ................................ Erich W Nitzsche ............................... ........planning.. Board.... . kn } R FORM C APPLICATION FOR.APPROVAL OF DEFINITIVE PLAN To the Planning Board of the Town of North Andover r The undersigned, being the applicant as defined under C;.apter 41, Section 81-L9 for approval of a -proposed subdivision shown on a plan entitled Definitive Subdivision Plan of "Equestrian Estates" by THUMAS E. NEVE ASSOCIATES INC, dated Dec. 28. 1984 being land bounded as follows:_ See attachment -Sheet hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application Board for approval of said plana to the Title Reference: North Essex Deeds, Book_ Other: , Page or Certificate of Title No. _, Registration Book_, page_; or Said plan has(X) has not( ) evolved from a preliminary ?Jan submitted to the Board of October 12 19 84 and approved (with mod►Pications) (X) disapproved ( oxo December 5 + 19 84 . The undersigned hereby, applies for the approval of said DEFINITIVI plan by the Board, and in furtherance thereof hereby agrees to abide by the Boards Rules and Regulations. The undersigned hereby further coverr.nts and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by-laws of said Town,. `4 as are applicable to the installation of utilities within the limits of J waa�y l and streets; including the required cable to be installed by Continental Cablevision The develo er shall co tact Continen al for coordinated in tion .' 2. To complete and construct the streets or ways anif other improvements %Wa - thereon in'accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross *.Sections of the same. Said plan, profiles, cross sections and constructio6k specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the ccvenants and agree- ments herein shall be binding upon all heirs, executors? administrators, .r successors, grantees of the whole or part of said land, and assigns of the----* undersigned; and 3� To complete the aforesaid installations and construction within two (2) Years from the date hereof. EQUESTRIAN ESTAY S ASSOCIATES REALTY TRUST qw�, Trustee, K11�INElI-I HYDE, JR. , DEVE 01 T CORPORATION Received PITO erk, NII' BY� • i L` Date. Signature of Applicant Time: 3 A G C' ;� Y H 1 0 N BY: W�LSAM J. IA�Ni t M D H,tT CbRF0RATI , Signature: 9K01 13MV0 9 Herritgp Addressfic�rq/�'v f B9�P� GfiySoc��� 4�V PtGEIVED DANIFL LONG T0W1,il C1.I-:RK ,.: NORTH DOYtR QOESTRIAN ESTATES DEFINITIVE PLAN MAR ZZ 11 ;9 AM X85 ONDITIONAL APPROVAL ARCH 18, 1985 4. All requirments of. the subdivision control law pertaining to 'Street Trees' shall be enforced by the North Andover Tree Department. Security in the amount of $12,400."rhall be retained for that purpose. 5. In accordance with the Board of Public Works _ec( nmendations: I. Laconia_ Circ_le_- a. The water main on Laconia Circle shall be eight (8) inch class 52 ductile iron cement lined water pipe installed ten (10) feet left of the centerline of the road with five (5) feet of cover below the finish grade from sta. 0+0 to sta. 17+15. b. Eight (8) inch Mueller or equal gate valves (open left) shall be provided at sta. 0+0, 8+28,8+38, nd 17+10. C. Eddy areakflange hydrants to North Andover specifications S�iall_ be installed at sta. 4+50, 12+Oared 16+60. (I. The existing hydrant on the temporary cul-de-sac of Laconia Circle. shall be removed and replaced at sta. 0+0. H. Equestrian Driv_e_ - ✓a. An eight _ (8) inch water main per I . a . specifications noted above shalt be installed from sta. 0+0 to sta.9+85. <). Eight (8) inch Mueller gate shall be installed at sta. 0+0. maC . Eddy breakflange hydrants installed at sta. )+50, 4+95, 9+85. L L I. Forest Street - ✓,�. The water_ main shall be twelve (12) inch pe; specifications I.a. to be installed from the intersection of L,.::onia Circle to th,e north property.Line of Lot 9A. tet). Two (2) twelve (12) inch Mueller or equal g-= to valves (open left) to be installed at the intersection of Lac-hia Circle and at the north property line of Lot 9A. ,-c. Edey breakflange hydrant to be installed at t_'l.e north property Line of Lot 9A. LV. All- hydrant branches shall be provided wit:t six (6) inch `dueller or equal gate valves (open left). L -V. All gate valves sha1L comply with AWWA specifications L500 52T an(I will be supplied with a 100 _lb. sliding type gate box marked WA T EW' . +✓.VI. All. water mains shall pass leakage and pressure tests )erfbr-med in accordance with section 1.3 of AWWA standard C600 and shall 5e chlorinated in accordance with AWWA 0601 "Standard [procedure for Disinfecting water Mains". '"bme proposed construction shall hereby become a part of this conditional approval and comply with the submitted construction schedule dated February 12, 1.985. `7. Any drainage from cellars or Lot deveLopment sh Ll be tied into t`he .designed drainage system to be shown on the definitive plan and approved by the Planning Board and Hig'.iway S-irveyor. /8. No town services shall be provided to the subbdi.ision until the binder coat of pavement and temporary turnaround is provided. ✓a. Street drainage not shown on the definitive plan will not be added during construction unless required by the Highway Surveyor and will be detailed on the required as -built plans submitted. V'L0. The 3;)plican t/owner/developer shall be aware of the fact that approval of this subdivision under the Planning Board's Rules and Regulations will not relieve said parties of the responsibility to other pr­)L-erty owners upon whose land maybe -ffected by indirect or direct development storm water discharge. ✓11. The existing temporary cul-de-sac on Laconia Circle shall be removed and the developer shall ensure that lc.t # 12 Crossbow Lane wi I. I h,av%• suf f: ici.ent f. rontage. , riie _, emporary easement shall be reverted to abutting property owner 1���1esSSY , u c.a..l tv C' V12. All roadway cross sections shall be revise.' in accordance to the Planning Board Rules and Regulations. `/13. The approval of said definitive plan shall not imply the approval of any subsequent Special Permit requests under Section 2.75 in the North Andover Zoning Bylaw regarding 'Common Driveways'. ✓I 1. Al I front -agcy Excent-inn Tots shat l so he noted on the definitive Cr) accord.inco with the Pi re Department's recommendations: a.- Al l lot numbers shall be posted on houses (luring construction. Ii. At I hot-ise numbers shall. he posted on houses prior to. occupancy. C. No open burning shall be allowed except as permitted by the North Andover Fire Department. d. Prior to taking occupancy the subdivisi-)n streets shall provide adequate access for each residence by the Fire Department. L'�L6. All drainage easements shall_ be 20 feet in width and run continuous with the.land. /17. No earth removal shall_ be allowed other than 'hat which is defined as incidental to development and construction as per Section 5.6, Par. 1 and 2 of the North Andover Zoning B-,'.aw, until application is made and a permit is issued for Earth Remo -1 by the Board of Appeals. 18. The devetoper/owner shall receive written assent from the New England Power Company for proposed crossing and submit said documentation to the Planning hoard prior to construction. 19. In accordance with the Higizway Surveyor's letter dated 3/18/85: ,/a. An inspection form shall be used and alt work shalt be inspected prior to backfilling. b. Berm could be required and shall be determined in the field. Binder width would be 29 feet to accomodate the berm. C . Catch basin units shall be 8 in precast units. Frames and grates shall be 4 flange checkerboard type. a. AIL brick used is to be clay type and 1.,id in good cement mortar. e. No town services will be provided 'until bind(c coat is laid and surface is free of problems for vehicul,-+r tra _fic. `. Completion dates shall be set for both tinder and finish coats. /kn/161 ..c: Applicant F.ngincer Elighway surveyor Hoard of Public Works Tree Warden Police Chief Fire Chief Conservation Commission Building Inspector �30ar.d of Health i Le R