HomeMy WebLinkAboutMiscellaneous - 402 BOXFORD STREET JOY 0 w E F. AW
TOWN OF NORTH ANDOVER t it 01 R H
MASSACHUSETTS
OCT26 2 11P
'94
PLANNING BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
PO Box 531
Applicant: Flintlock, Inc. Address: North Andover, MA 01845
1. Application is hereby made
(a) For a Special Permit under Section . 8 .5,, Paragraph 2 -
of the Zoning Bylaw.
2. (a) Premises affected are land X and buildings X
numbered 402 Boxford Street.
(b) Premises affected are property with frontage on the
North South x East West X side of
Duncan Drive & Foster Street, known as No.
Street.
(c) Premises affected are in Zoning District R-1 a r,-14
the premises affected have an area of t
and frontage of 206 feet.on the west side of Duncan Dr.
and 153 feet on the south side of Foster St. The parcel
3 . Ownership: includes the farm house at 402 Boxford Street.
(a) Name and Address of owner (if joint ownership, give al'i
names) :
Martha Love
Date of purchase 1989 Previous owner Harry &_Martha
ove
(b) If applicant is not owner, check his interest in the
premises:
X Prospective purchaser
Leasee
Other (explain)
4 . Size of proposed building: n/a front: feet deep
Height: stories: feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
(c) Type of construction
5. Size of Existing Building: n/a feet front: feet deep
Height: stories feet.
(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 subdivide the land into 14 lots &
tracts of open space.
8. Deed recorded in the Registry of Deeds in Book 2989Page 62
or Land Court Certificate No. Book Page
9 . The principal points upon which I base may application are
as follows: (must be stated in detail) .
The proposed subdivision meets the requirements and is
consistent with the intent of Section 8 .5 to allow small lot
development to conserve open space.
I agree to pay for advertisiMil
— ewsp er and postage fee for
mailing legal notices o "P es " .i
(Petitioner's Sig ature)
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 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 sheet
Add additional sheets if necessary
Any question should be directed to the Planning Office
jName -Street TownMap I arse
DurkeeBannerman 400 Foster Street INorth Anclover,MA 0 1845- 104B 6
2 IW i flia-m-7-oltindale 546 Foster Street INorth Andover,
[Andrew arta J. Parisi 646 Foster treet IN orth Andover,
Michael&Kathleen Ditroja intergreen rive o n over,
IRonald C. McCluskey 13 Wintergreen-D-rive INorth Andover,MA 0 1845 104B 10
IMartha A. Love Boxtbrd Street Io n over,
arta A.Love 790 Palmer Road Pill Spring,
artha A. Love 780 Palmer Road ill Sprmg,NC 28756 3
IN orth Andover Associates 10 Post Ottice Square oston,MA 02110 104B 24'
Lynch Darlene Debiase 595 Boston Street 14orth
over,MA 0 1845 1 U413 25
11 Stanley as oster trees over,
ames V.LaColla 497 Foster Street -Northnover,
Power c/o John owning urnp a StreetWestboro,MA 01581 104B 2Y
14 arm Martineau :)I Milk Street Metheun, 3
15 is ae onovan 500 BoxfordStreet o n over,MA 0 1845 105C 41
at erme&Thomas onovan ox or Street —Northn over,
17 [Kevin Catherine CarrollFoster StreetoAridover,NIA 01845 TO-4B7-146
18 jKathenne&Joesepharise 646 Foster Street —Northover,
19 a enty Mary as Foster Streetortnv over,
ty r. c/o e og ou s 675 Foster Street North Andover,MA 01845 104B 1 54
[Martha21 A.Love 780 P-aa-e-r Road MillSpring,NC 28756 104131 56
22 PMU aro ea ty I rustFoster Street North Andover,MA 0 1845 104B 1 58
23 !Susan U.&Jolm B.Dise 3 tones eaveoa o over,MA 01845 IU413 1 126
24 John Patricia rantJr. tones eave Roado n over,
an aStanton oot y tones eave Roado Andover,MA 0 1845 10413 128
16-Thomas&Dena Bailey tones eave Road NorthAndover,MA 0 1845 TNIT
27 Pohn&Susan Ureeley 192 Stonecleave Road NorthAndover,
28 arianne&JosephLewis 199 Stonecleave Road Northover,MA 0 1845 TNT--r3T
29 oger&Nancy au tones eave Roa Porth Andover,MA 0 1845 1 U413 132
Patrick Eileen(jallagher 175 Stonecleave Road INorthAn ver,MA01843- 104B 133
lWilliarn&Patricia Stadler 163 StonecleaNe-R-o-a-d— o n over,
rian&Barbara Voclel 151 Stonecleave Road iNorthAndover,N-IA
33 [Robert u i tones eave Road [NorthAndover,MA 0 1845
34 Ilkichard Adams 114 Stonecleave Road NorthAndover,MA5
oann&Rich-ard-A—ciams 114 Stonecleave Road No-n-TAdnTo-ver,
36 eorge Blake Adams 1634 Salem Street o n over,MA 0 1843--10413 139
37 lWilliam&Susan Martineau 3 77 Foster Street North AndoverMA,
Poseph&Ann Barbagallo 120 Duncan Drive _INorthAndover,MA
39 Michael( or am c/o Martha Love I SU Palmer Road VillSpring,NC 28756 TNE-_T7T
40 arySusan Wiemann 88 Duncan Drive INortti Andover,AM 0 18437—MY F/4
armor&Lyn-n-eTo-rtora oster Street INorth Andover,MA U 1845 1041:3 175
4-2--Peter Y. I ammy Fuller 509 Foster Street o n over,MA 0 184� 10413 _M
--4T-Joseph nn ar aga o uncap riveo n over,
44 Eric&Barbara-Tei-tt-inen uncan rive —North Andover,MA 01845 T04Y
-T5--Douglas&Joyce Ballard 142 Duncan Drive North Anover,WA 0 1845 104B 179
colt&Maryann Lodde 154 Duncan Drive Vofth Andover,MA 0 1845 10413, 180
can&Joyce Fountain 412 Foster Street o n over,
_MT 01845 1UQ31 181
urp y`&N.Hothnan 131 Dcan Drive porth Andover,MA 01845-104131 185
49 Michael J. ova 119 Duncan Drive o n over,MA 0 1845 1 U413 1 186
50 ary arcia Parker 10 1 Duncan Drive INortti Andover,MA 0 1 845-104J31 187
ames&Suzanne McCabe,Jr. 89 Duncan Drive INorth Andov_e_r_,M_UP5
52 Paul ane Rabbitt 75 Duncan Drive INorth Andover,MA 0 1845 1 U41:3 TW
ar ara&William.Casey 166 Durican-Drive INorth Andover,
54 ara M.Brogan 12 Wintergreen Drive North Andover,MA
55 IChit Yin Kwoncy 20 Wintergreen Drive North Andover,NU 01845 -10413 19yj
56 yn J.&Melody Palmer 10.5 Wintergreen Drive North Andover,NIA 01845 -TNE 198
-57 c an a rie man intergreen rive KI-fth Andover,MA 01845 rpy--Tw
58 Martha&Annett-e-Autrata 81 Wintergreen Drive INorth Ando;Fer,MJA 01845 TNT 200
pavid&ElizabethSharp 71 Wintergreen Drive lNorth Andover,
60 Paul eryHealeyWintergreen Drive o Andover,MA 01845 10413. 202,
umar g ert 43 Wintergree-n-D—rive INorUi Andover,MA Ui845 10413 2031
62 11 om K Kathryn Jodka 3 Wintergreen Drive North Andover,KA 0 1 84Y_104B 204
63 mtergreen Realty Wintergreen rive o Andover,MA 01845 205
64 osepMary Ann Marcm 475 Foster Street North Andover,MA 01845 MY
Pavid Kindredox 53 1 1R_oFffFA_nTo_ver,MA 01845
67I
• m 6 , 5
. s
P.O. Box 531
North Andover, MA 01845 ; ' A
(508)688-6558
Fax(508)683-4430
To Whom It May Concern:
With respect to any signatures required relative to the
approval process for our proposed sub-division off Foster St. ,
I hereby authorize Mr. Tom Neve to sign on behalf of Flintlock,
InC. and/or David A. Kindred
Flintlock, Inc.
By: Da id A. Z re
i
MUMWfl J0 CE pt I*, Aw
TOWN OF NORTH ANDOVE0C "
MASSACHUSETTS
HORTM
FZO��,�a° ,a1tiQ L
Any appeal shell be filed °
within (20) days after the
date of filing of this Notice
in the Office of the Town
Clerk.
NOTICE OF DECISION
April, 10, 1-995
Date. . . . . . . . . . . . . . . .
Nov. . �1, No��. •15.
Date of Hearing 1994
Jan. 3, Jan. �17
Feb. 7, Feb. 21
Mar. 7, Mar. 28
Flintlock, Inc. April 4, 1995
Petitionof . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
402 Boxford Street
Premisesaffected . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
North Andover Zoning Bylaw - Section 8.5 - Planned Residential Development
ofthe . . . . . . . . . . . . . . . . . . . .
so as to 10 )a • allow.the.construction of.13.single.family.dwellings .onp
. roperty
located at 402 Boxford Street.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
conditionally
to .approve . . . . . . . .the .Special .Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
1/
cc: Director of Public Works Signed
Building Inspector Richard Nardella, Chairman
Natural Resource/Land Use Planner • • • • • " ' • . . . . " . . . . . . . . . . . . . . . .
Health Sanitarian Joseph Mahoney, Vice Chairman . •
Assessors • . . • " . . . . . . . . .
Police Chief Richard Rowen, Clerk
Fire Chief . ... . . . .. . . . . . . . . . . . . . . . . . . . . .. . .
Applicant Alison Lescarbeau
Engineer . . .. . . . . . . . . . . . .. . . . . . . .. . . . . . ..
File John Simons
Interested Parties '' ' ' ' ' ' .pjSI1117I1g Board
Town of North Andover of NORTH
OFFICE OF ,t? g`ttFo /a•° �ac
COMMUNITY DEVELOPMENT AND SERVICES p
146 Main Street
ATED•p
KENNETH I-MAHONY North Andover,Massachusetts 01845 9534 US��
Director (508)688-9533
I
April 6, 1995
Ms. Joyce Bradshaw,
Town Clerk Re: Special Permit-PRD-
120 Main Street Lost Pond
North Andover, MA 01845
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on
November 1, 1994 in the Senior Center behind the Town Building,
upon the application of Flintlock, Inc. , PO Box 531, North Andover,
MA. , requesting a Special Permit under Section 8.5 (Planned
Residential Development) of the North Andover Zoning Bylaw. The
legal notice was properly advertised in the North Andover Citizen
on October 5 and October 12, 1994 and all parties of interest were
duly notified. The following members were present: Richard
Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen,
Clerk, Alison Lescarbeau and John Simons.
The petitioner requested a special permit to allow the
construction of 13 single family dwellings on property located at
402 Boxford Street.
Mr. Rowen read the legal notice to open the public hearing.
Mr. Thomas Neve, Thomas E. Neve Associates, and Mr. David Kindred
were present and gave the following information:
existing horse farm
property owned by the Love Family and Land Vest (114
Properties)
conventional plan - 2 acre zoning showing 14 lots
PRD Plan - 14 lots, one lot as the farm
preservation of open space and an agricultural use
51 acres of land - 6 acres taken out of total
45 acres for the PRD
6 acre parcel taken out of site is all wetland and
unbuildable
Lot 14 - 12.54 acres to be preserved as a farm
1
BOARD OF APPEALS 6EE-9541 BUILDING 6EE-9545 CONSERVATION 6EE-9530 HEALTH 6EE-9540 PLANNING 6EE-9535
Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
13 new homes - approximately 1 acre in size on average
Keep farm open and operating, not to be developed,
agriculture easement on it
some changes at intersection with Wintergreen Drive to
create a "t" intersection
cross brookwhere there is an existing culvert - new
culvert will be put in
1, 200 ft. road with island
only 14 acres actually being disturbed
all construction will be from Wintergreen Drive
culvert designed to mitigate impacts - concrete box
culvert
sprinklers systems will be required
Mr. Rowen spoke on Lots 14, 5 and 6 questioning access. The 50ft.
buffer zone to be adjusted for 6 acre parcel being removed.
Roadway is in the buffer zone.
Mr. Neve stated that access to Lot 14 is through an existing
easement out to Duncan Drive. A common driveway will be used for
Lots 5 and 6 (300ft. for common part of driveway) . Waiver from the
Conservation Commission requested for cul-de-sac as it is close to
the edge of the wetlands.-
Ms. Colwell stated that a letter was needed from the Board of
Health.
Mr. Mahoney concerned about access to Lots 5 and 6. Mr. Neve
stated that you could access Lot 5 over Lot 4 andcrossa wetland
to get to the upland.
Ms. Lescarbeau asked about the size of the homes. Mr. Neve replied
that the homes would be approximately 1,800sq.ft. -colonial style,
will build a house to fit the market. Spring of 1195" project.
Ms. Colwell wants to see sample house designs and an idea of which
lots would have the sample designs.
Mr. Nardella stated that Lot 14 cannot be subdivided.
Discussion of where Foster Farm abuts property, significant to
preserve open space adjacent to Foster Farm property. Open Space
Plan highlights Foster Farm to be preserved.
Ms. Colwell to check ownership of New England Power and Foster
Farm.
Mr. Nardella wants sidewalks and sloped granite curbing. He asked
Mr. Neve to go over the conventional plan. Mr. Neve presented the
conventional plan.
Mr. Rowen questioned why was a PRD better than a conventional
2
subdivision plan. Mr. Neve reply was as follows:
preservation of open space
preservation of working farm
cluster of development into the center of property
limits the amount of disturbance of the land
Mr. Mahoney asked who operates the farm and will it continue. Mr.
Neve stated that it was operated as a horse farm currently. Mr.
Kindred stated that when the property goes on the market, it will
go on the market as a farm/horse barn.
Ms Colwell stated that all houses and septic systems must be
outside the 50ft. buffer zone.
Mr. Paul Healy, Wintergreen Drive had questions about why a PRD in
2 acre zoning.
Mr. Nardella stated that the Planning Board likes PRD because there
is greater control over the subdivision by the Planning Board. The
Planning Board can require sprinkler systems, less disturbance of
land and open space is preserved.
Mr. Healy stated that there is a lot of wetland therefore people
cannot clear out lot anyway.
Mr. Neve stated that you can do a cluster in any area of town.
Ms. Colwell stated that the Planning and Conservation Staff walked
the site and are convinced that all conventional Tots are
buildable.
Mr. Rowen stated that a PRD allows developer to build a-subdivision
that works with the land instead of against the land. The look and
feel of lots will be of larger lots because they are surrounded by
open space.
Mr. Healy expressed concern that the, developer will have lower home
prices.
Mr. Michael Scanlon, Duncan Drive, stated that the conventional
plan has access onto Duncan Drive, if road connected out to Duncan
Drive it would drastically change the dynamics of Duncan Drive and
that neighborhood. He is in support of the PRD.
Mary Ann Limpert, 43 Stonecleave Road, expressed concern about an
access road and the effect on Stonecleave Road. She wants to make
sure there will not be a through access.
Mr. Thomas Judka, 3 Wintergreen Drive, stated that the road abuts
his driveway. The driveway is 2ft. from the property line. He
expressed concern about safety. His driveway is higher than the
3
road.
Mr. Nardella asked Mr. Judka if :he would want to access his garage
from the new road.
Mr. Neve stated that the stone wall will not be disturbed, will
screen the property and would consider a fence. The road is 6ft.
lower than the driveway, a retaining wall will be along the
property line.
Mr. Judka stated that the property could be accessed from Duncan
Drive.
Ms. Ann Barbagallo, 120 Duncan Drive, had questions about where the
existing driveway to the Love property was located.
[John Simons arrived at 9:30 p.m. ]
Mr. Neve outlined the driveway on the plan.
Mr. David Sharp, 71 Wintergreen Drive, expressed concerns about
traffic at the corner of Foster Street and Wintergreen Drive and
traffic a Winter and Foster.
Mr. Perna stated that those were all old streets, width runs from
stone wall to stonewall. The Town has to "take" property in order
to widen the road. The worst part of the road is the stretch
between Winter Street and Wintergreen Drive on Foster Street.
Mr. Edmond Albert, 46 Wintergreen Drive, had questions about the
original covenants regarding Wintergreen Drive and no access roads.
Mr. Neve stated that he was not accessing from Wintergreen Drive,
therefore the covenants do not apply.
Mr. Healy asked if the economic impact from this development taken
into consideration. Mr. Healy is concerned that these costs are
less and therefore house cost is less.
Mr. Simons stated that the value of land is based on the number of
lots, not on the acreage, cluster subdivisions tend to have higher
values.
On a motion by Mr. Mahoney, seconded by Mr. Simons, the Planning
Board voted to continue the public hearing to November 15, 1994.
A site visit is scheduled for Saturday, November 5, 1994 at 8:00
a.m. The Board will be meeting at the intersection of Wintergreen
Drive and Foster Street.
On November 15, 1994 the Planning Board held a regular
meeting. The following members were present: Richard Nardella,
4
Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk,
Alison Lescarbeau and John Simons.
Mr. Mahoney read the legal notices to open the public hearings
for the common driveway and access other than over legal frontage.
Mr. James Bourgeois, Thomas E. Neve Associates, was present.
Discussion of house designs, pedestrian access, screening,
construction of retaining walls.
Mr. Rowen read a letter from the Board of Health stating that
sufficient testing has been completed.
Mr. Nardella and Mr. Mahoney went on a site walk.
Mr. David Kindred, Flintlock Inc. , met with the Jodka's at the end
of the proposed road to discuss types of screening. Will hire
someone to draft a landscape plan along the edge of his property
and the roadway and additional planting at entry, behind house to
screen it from the subdivision.
Mr. Nardella asked the Jodka's if they were interested in accessing
from new subdivision.
Mr. Thomas Jodka, abutter, would like to keep options open and
possibly grant easement if necessary to access property.
Mr. Nardella stated thatscreeningwould be part of the decision as
long as it concerns land in the subdivision.
Mr. Jodka asked why is road allowed to be in the fifty foot buffer
zone. Mr. Rowen stated that need to allow road to go through the
buffer zone to access property.
Mr. Bourgeois discussed non-motorized vehicle access, possible
easement for access shown on the plans, access between Lot 9 and
Lot 8.
Mr. Nardella stated the need to set off the easement from the rest
of the subdivision with a defined trail. Mr. Kindred to have a
stone dust path with shrubs,
Ms. Colwell needs to get a copy of easement over Adams property.
Mr. Mahoney questioned can pathway/easement rights be granted all
the way out to Foster Street. Asked Mr. Kindred to, look into it.
Mr. Rowen questioned how much cutting/filling for Lot 9. Mr.
Bourgeois stated that the road is about- 6 feet higher than the
natural grade.
5
d
Mr. Simons expressed concerns about the final wetland flagging and
the calculation of buildable lots and the amount of open space. He
expressed concerns that the wetlands were not actually flagged and
that the numbers may change.
Ms. Colwell to check with Conservation as to the wetland line, any
changes to line may effect the lot count.
Discussion of access to Lots 5 and 6.
Mr. Rowen questioned closeness of cul-de-sac to the wetland, can
this be pulled away from the wetland.
Mr. Bourgeois stated that the developer may want to build retaining
walls around cul-dei-sac to pull work away from the wetland.
The Planning Board would support a smaller cul-de-sac and 24 foot
pavement width.
Sidewalks on one side.
David Sharp, 71 Wintergreen Drive, stated that there was a
difference between FEMA -Flood Plain and staff flood plain
measurements.
Mr. Bourgeois stated that he has requested information from the
State on this, but it would not effect the development.
Scott Lodde, 154 Duncan Drive, had questions about easement into
farm and need to preserve vehicular access for farm. Would rather
not see sidewalks be constructed on this site, would rather see
sidewalks built elsewhere.
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Planning
Board voted to continue the public hearings for the two special
permits, common driveway and access, and the definitive subdivision
to the December 6, 1994 meeting.
On December 6, 1994 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk and John Simons.
The applicant requested a continuance until the December 20,
1994 meeting.
On December 20, 1994 the Planning Board held a regular
meeting. The members present were: Joseph Mahoney, Vice Chairman,
Richard Rowen, Clerk, Alison Lescarbeau and John Simons.
Ms. Colwell discussed meeting with George Perna, Bill
Hmurciak, Michael Howard, David Kindred and Tom Neve. She gave the
6
Board an outline of topics discussed. Drainage calculations are
being reviewed by an outside consultant.
Mr. Neve stated that he may want to reduce pavement width at the
cul-de-sac in order to move the pavement away from the wetland.
(90' pavement instead of 1001 .
Planning Board in consensus about eliminating pavement if possible.
Mr. Simons had the following comments/questions:
1. What happened at Conservation?
2 . Discuss access to Lots 5 and 6
3 . Do cluster to limit effect on topography, but will need
to disturb a large area on Lots 5 and 6.
4. Limit the cuts on the site.
Mr. Neve stated that Lots 5 and 6 were in an open pasture, trees
will not need to be cut.
Mr. Simons suggested limiting lawn area and grading, all the other
homes are consistent. He wants to make sure that the houses are
integrated and work with the site, wants houses that suite the
site.
Mr. Neve stated that there are garages under where there are steep
grades.
Mr. Simons wants a common theme for the site design, possibly keep
the family farm theme within the subdivision.
Mr. Neve stated that plans are for traditional colonial designs.
He will not manufacture the site to fit the site. He will look at
coming up with a theme.
Mr. Mahoney asked if Mr. Kindred was reserving the design review
prior to sale of the lots.
Mr. Kindred's reply was "yes".
On a motion by Mr. Rowen, seconded by Mr. _Simons, the Planning
Board voted to continue the public hearing to January 3, 1995.
Ms. Elsie Pouliot, 465 Boxford Street, questioned as to where the
water main would go.
Ms. Colwell to talk to D.P.W.
On January 3, 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau,
John Simons.
7
The applicant requested to continue the public hearing until
January 17, 1995.
On January 17, 1995 the meeting was canceled due to a lack of
a quorum.
On February 7, 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau,
John Simons.
Continued to February 21, 1995.
On February 21, 1995 the Planning Board held a regular
meeting. The members present were: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk and Alison
Lescarbeau.
continued to March 7, 1995.
continue discussion of drainage issues
On March 7, 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and
John Simons.
Dave Kindred stated that drainage issues between Tom Neve and
Bill Hmurciak have been worked out, all issues agreed upon.
Mr. Nardella stated that we need a letter of extension to March 28,
1995.
Mr. Rowen wants a stop sign at the end of the street.
Mr. Mahoney made a motion to close public hearing, seconded by Mr.
Rowen. Unanimous vote.
On March 28, 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Richard
Rowen, Clerk and Joseph Mahoney.
Due to the lack of a quorum, the Planning Board was unable to
make a decision.
8
On April 4, 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, vice chairman, Richard Rowen, Clerk, Alison Lescarbeau and
John Simons.
On a motion made by Mr. Mahoney, seconded by Ms. Lescarbeau,
the Planning Board voted to approve the special permit as amended.
Attached are those conditions.
S`ip perely, ���
North Andover Planning Board
Richard Nardella, chairman
Attachment
cc: Director of Public Works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
LostPRD
9
Lost Pond
Special Permit —Planned Residential Development
Conditional Approval
The Planning Board herein approves the Special Permit for a Planned
Residential Development, known as Lost Pond, for 14 lots and 13 new
homes requested by Flintlock Inc. , P.O. Box 531, North Andover, MA
01845 on October 20, 1994. The site is located off of Foster
Street in a Residential- 1 (R-1) Zone.
A. The specific site is an appropriate location for a Planned
Residential Development as there is a horse farm located on
the site. The Planned Residential Development allows for the
development of the site while preserving the majority of the
land for open space and the farm.
B. The use as developed will not adversely affect the
neighborhood as this site is located in a Residential -1 Zone.
C. There will be no nuisance or serious hazard to vehicles or
pedestrians.
D. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
The Planning Board also makes findings under Section 8.5 of the
Zoning Bylaw that this Planned Residential Development is in
harmony with the general purpose and intent of the Bylaw and that
the PRD contains residential development and open space in a
variety to be sufficiently advantageous to the Town and promotes
the public health, safety, and welfare of the citizens of the Town
of North Andover. In particular, the Planning Board finds that this
project will:
A. Promote the more efficient use of land in harmony with its
natural features by preserving additional open space, reducing
the amount of clearing and excavation normally associated with
the construction of residential dwellings on a site such as
this and preserving the existing horse farm;
B. Encourage the preservation of open space. The applicant has
provided approximately 17 acres of the property as Open Space;
C. Permit greater flexibility and more attractive and efficient
design of residential development;
D. Meet the Town's housing needs by promoting a diversity of
housing types.
The Planning Board also finds that a base density of 14 house lots
is appropriate for the Planned Residential Development. This
number of lots has been determined from a Preliminary Conventional
1
Subdivision Plan provided to the Manning Board which satisfies
the
Town's requirements for submission of . such a plan. This
Preliminary Plan is described as follows:
Plan Titled: Foster Street Land
A Preliminary R-1 Subdivision
in North Andover, MA
Applicant: Flintlock Inc.
P.O. Box 531
North Andover, MA
Prepared by: Thomas E. Neve Associates, Inc.
477 Old Boston Road
US Route 1
Topsfield, MA 01983
Scale: 1" = 40'
Finally, the Planning Board finds that the Planned Residential
Development complies with Town Bylaw requirements so long as the
applicant complies with the following conditions:
1. The developer shall designate an independent Environmental
Monitor who shall be chosen in consultation with the Planning
and Community Development Staff. The Environmental Monitor
must be available upon four (4) hours notice to inspect the
site with the Planning Board designated official. The
Environmental Monitor shall make weekly inspections of the
project, meet monthly with the Town Planner and file monthly
written reports to the Board, detailing areas of non-
compliance and with the plans and conditions of approval.
2 . It shall be the responsibility of the developer to assure that
no erosion on the site shall occur which will cause deposition
of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer and other off-
site construction. Off-site erosion will be a basis for the
Planning Board making a finding that the project is not in
compliance with the plan.
3 . Prior to endorsement of the plans by the Planning Board and
recording with the Registry of Deeds the applicant shall
adhere to the following:
a. The applicant shall post (per agreement with the North
Andover Planning Board) a Site Opening Bond in the amount
of five thousand ($5,000) dollars to be held by the Town
of North Andover. The Guarantee shall be in the form of
a check made payable to the Town of North Andover escrow
account. This amount shall cover any contingencies that
might affect the public welfare such as site-opening,
clearing, erosion control and performance of any other
condition contained herein, prior to the posting of the
Performance Security as described in Condition 3 (d) of
2
the Definitive Subdivision Conditional Approval. This
Performance Guarantee may at the discretion of the
Planning Board be rolled over to cover other bonding
considerations, be released in full, or partially
retained in accordance with the recommendation of the
Planning Staff and as directed by the vote of the North
Andover Planning Board.
b. The applicant shall post an erosion control bond in the
amount of thirteen thousand ($13,000) dollars in the form
of a check made out to the Town of North Andover to be
placed in an interest bearing escrow account. This
amount will be held by the Town of North Andover for the
duration of the project, until the street has been
accepted by the Town. The applicant may post eight
thousand ($8, 000) dollars prior to endorsement with the
understanding that at the time of the posting of the
roadway bond the five thousand ($5,000) dollar Site
Opening Bond will be rolled over into the erosion control
fund.
C. Executed but unrecorded documents conveying the
designated open space parcel to the Town through the
Conservation Commission must be submitted to the Planning
Department. The conveyance of the property will occur
when the Town accepts the roadway as stated in Condition
6 (b) of the Definitive Subdivision Approval.
d. An executed but unrecorded perpetual agricultural
preservation restriction on Lot 14, of the type described
in M.G.L. Chapter 184, Section 31 running to or
enforceable by the Town. The conveyance of the easement
will occur when the Town accepts the roadway as stated in
Condition 6 (c) of the Definitive Subdivision Approval.
e. Deeds conveying individual lots must contain a
restriction reflecting the 50 foot not-cut requirement
shown on the PRD plans. A sample deed must be reviewed
by the Planning Staff prior to endorsement of the plans.
4 . Prior to Construction:
a. Yellow "Hazard" tape must be placed along the no-cut line
on as shown on the approved plans and must be confirmed
by the Tree Warden and/or Town Planner. The Town Planner
must be contacted prior to any cutting on site to review
the marked tree line.
b. All erosion control as shown on the plan must be in place
and reviewed by the Planning Department.
5. Prior to releasing individual lots from the statutory
3
t
covenants, the conditions outlined in the Lost Pond Definitive
Subdivision Conditional Approval must be followed.
6. The applicant must comply with the Phased Development Bylaw,
Section 4 (2) of the Town of North Andover Zoning Bylaw.
7. Prior to FORM O verification for an individual lot, the
conditions outlined in the Lost Pond Definitive Subdivision
Conditional Approval must be followed.
a. The Planning Board approves the sample house designs as
presented. The homes are to f it the shape and topography
of each lot and to fit into the colonial, farmhouse
theme. The house design for each lot must reviewed by
the Town Planner.
8. Prior to Planning Board verification of the Certificate of
Occupancy, the conditions outlined in the Lost Pond Definitive
Subdivision Conditional Approval must be followed, and:
a. Prior to issuance of a Certificate of Occupancy for Lots
7, 8, 9, and 14 pedestrian access easements must be
provided to allow the public the access the Open Space.
9. Prior to the final release of security, the conditions
outlined in the Lost Pond Definitive Subdivision Conditional
Approval must be followed.
10. The applicant shall adhere to the following requirements of
the Fire Department:
a. All structures shall contain residential fire sprinkler
systems the design of which will be approved by the Fire
Department.
b. Smoke alarms must be installed.
11. The applicant will provide the plans and documents required to
obtain pedestrian easements from New England Power to allow
access over the existing trails on their property. Where the
existing trail is disturbed, the applicant must create a new
trail of sufficient width to match the existing trail.
Pedestrian access easements must be provided between Lots 8
and 9 and between Lots 7 and 14.
12 . Tree cutting shall be kept to a minimum throughout the project
to minimize erosion and preserve the natural features of the
site. If any tree cutting occurs outside of the no-cut line
as shown on the plan, a reforestation plan must be submitted
as outlined in Section 5.8(6) of the Zoning Bylaw.
13. The following work in the fifty foot (50 ' ) buffer zone is
4
approved by the Planning Board:
a. Minimal disturbance will be allowed in order to construct
the home on Lot 1.
14. This special permit approval shall be deemed to have lapsed on
April 10, 1997 (two years from the date permit granted) unless
substantial construction of roadway and utilities has
commenced.
15. The provisions of this Special Permit shall apply to and be
binding upon the applicant, its employees, contractors and
subcontractors and all successors in interest or control.
16. This Special Permit approval is based upon the approval of a
Definitive Subdivision Plan. The Special Permit and
Definitive Subdivision approvals are both based upon the
following information:
a. Plan titled: Planned Residential Development
Prepared for: Flintlock, Incorporated
P.O. Box 531
North Andover, Mass 01845
Scale: 1" = 40'
Date 9/23/94
Prepared by: Thomas E. Neve Associates
447 Old Boston Road
US Route 1
Topsfield, MA 01983
b. Hydraulic Analysis of Hidden Pond
(A Planned Residential Development)
September 1994
Flintlock Inc.
P.O. Box 531
North Andover, MA 01845
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
LPONDPRD
5
f
R6An� l�G BOAflO JOYCE � D HAW
TOWN OF NORTH AND OVE TOWN CLERK
ORTH ANDOVER
MASSACHUSETTS
ArA- # i 59 Inc
H
jj
ORTF1
Any appeal shall be filed �j°>`"'° 6,"0
within (20) days after the ,
date of filing of this Notice
in the Office of the Town 'SS�CMU`�ES
Clerk.
NOTICE OF DECISION
April 10, 1995
Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nov. 15 Dec. 6
Date of Hearing
Jan. 3 Jan. 17
Feb. 7 Feb. 21
Mar. 7 Mar 28 Apr. 4, 1995
Petition of Flintlock.. Ltd... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected , Lot 5. and. Lot. 6 402• Boxford Street• . • . • • , , , , , , , , , , , , , , , ,
Referring to the above petition for a special permit from the requirements
of the North Andover.Zoning•Bylaw•Section.7.2 • .Paraq�r L)h.l. (Access,to,eagh.lgt)
so as to �xxx. .allow. access.to•Lot.5•over•E,o�•,. ,at.402•Boxford,Str���, , , , ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:after a public hearing given on the above date, the Planning Board voted
conditionally
to . . .4D9x•nve. . . . . .the .special.permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
n^
A/IIII
cc: Director of Public Works Signed 'e&
Building Inspector Richard Nardella: Chairman, , , , • ,
Conservation Administrator'
Health Sanitarian Joseph Mahoney, Vice Chairman
Assessors . . . .
Police Chief Richard Rowen, Clerk
Fire Chief .. . . . . . . . . . . . . . . . . . . . . .. . .
Applicant Alison Lescarbeau
Engineer
File John Simons ,, , , ,, ,
interested Parties •Planning Board
I
Town of North Andover , NORM
OFFICE OF 3?o`�teo <6*bOL
COMMUNITY DEVELOPMENT AND SERVICES A
146 Main Street x
DgATFD `PP<y'�5
KENNETH R.MAHONY North Andover,Massachusetts 01845 9SSACNus�t
Director (508)688-9533
April 7, 1995
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
No. Andover, MA 01845
Re: Special Permit - Access
Lot 5 & 6 402 Boxford Street
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on
Tuesday evening, November 15, 1994 in the Senior Center behind the
Town Building on the application of Flintlock, Inc. , P.O. Box 531,
North Andover, MA, requesting a special permit under section 7.2.1,
of the North Andover Zoning Bylaw. The legal notice was properly
advertised in the North Andover Citizen on October 26 and November
2, 1994 and all parties of interest were duly notified. The
following members were present: Richard Nardella, Chairman, Joseph
Mahoney, vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and
John Simons.
The petitioner was requesting a special permit to allow access
to Lot 5 over Lot 6, at 402 Boxford Street.
Mr. Mahoney read the legal notices to open the public hearings
for the common driveway and access other than over legal frontage.
Mr. James Bourgeois, Thomas E. Neve Associates, was present.
Discussion of house designs, pedestrian access, screening,
construction of retaining walls.
Mr. Rowen read a letter from the Board of Health stating that
1
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D.Robert Nicetta h idhael Howard Sandra Starr Kathleen Bradley Colwell
sufficient testing has been completed.
Mr. Nardella and Mr. Mahoney went on a site walk.
Mr. David Kindred, Flintlock Inc. , met with the Jodka's at the end
of the proposed road to discuss types of screening. Will hire
someone to draft a landscape plan along the edge of his property
and the roadway and additional planting at entry, behind house to
screen it from the subdivision.
Mr. Nardella asked the Jodka's if they were interested in accessing
from new subdivision.
Mr. Thomas Jodka, abutter, would like to keep options open and
possibly grant easement if necessary to access property.
Mr. Nardella stated that screening would be part of the decision as
long as it concerns land in the subdivision.
Mr. Jodka asked why is road allowed to be in the fifty foot buffer
zone. Mr. Rowen stated that need to allow road to go through the
buffer zone to access property.
Mr. Bourgeois discussed non-motorized vehicle access, possible
easement for access shown on the plans, access between Lot 9 and
Lot 8.
Mr. Nardella stated the need to set off the easement from the rest
of the subdivision with a defined trail. Mr. Kindred to have a
stone dust path with shrubs.
Ms. Colwell needs to get a copy of easement over Adams property.
Mr. Mahoney questioned can pathway/easement rights be granted all
the way out to Foster Street. Asked Mr. Kindred to look into it.
Mr. Rowen questioned how much cutting/filling for Lot 9. Mr.
Bourgeois stated that the road is about 6 feet higher than the
natural grade.
Mr. Simons expressed concerns about the final wetland flagging and
the calculation of buildable lots and the amount of open space. He
expressed concerns that the wetlands were not actually flagged and
that the numbers may change.
Ms. Colwell to check with Conservation as to the wetland line, any
changes to line may effect the lot count.
Discussion of access to Lots 5 and 6.
Mr. Rowen questioned closeness of cul-de-sac to the wetland, can
2
this be pulled away from the wetland.
Mr. Bourgeois stated that the developer may want to build retaining
walls around cul-de-sac to pull work away from the wetland.
The Planning Board would support a smaller cul-de-sac and 24 foot
pavement width.
Sidewalks on one side.
David Sharp, 71 Wintergreen Drive, stated that there was a
difference between FEMA Flood Plain and staff flood plain
measurements.
Mr. Bourgeois stated that he has requested information from the
State on this, but it would not effect the development.
Scott Lodde, 154 Duncan Drive, had questions about easement into
farm and need to preserve vehicular access for farm. Would rather
not see sidewalks be constructed on this site, would rather see
sidewalks built elsewhere.
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Planning
Board voted to continue the public hearings for the two special
permits, common driveway and access, and the definitive subdivision
to the December 6, 1994 meeting.
The Planning Board held a regular meeting on December 6, 1994.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, and John Simons.
Applicant requested a continuance on the public hearings until
December 20, 1994.
The Planning Board held a regular meeting on December 20,
1994 . The members present were: Joseph Mahoney, Vice Chairman,
Richard Rowen, Clerk, Alison Lescarbeau and John Simons.
Ms. Colwell discussed meeting with George Perna, Bill
Hmurciak, Michael Howard, David Kindred and Tom Neve. She gave the
Board an outline of topics discussed. Drainage calculations are
being reviewed by an outside consultant.
Mr. Neve stated that he may want to reduce pavement width at the
cul-de-sac in order to move the pavement away from the wetland.
(90 ' pavement instead of 1001 .
Planning Board in consensus about eliminating pavement if possible.
Mr. Simons had the following comments/questions:
1. What happened at Conservation?
3
r
2. Discuss access to Lots 5 and 6
3. Do cluster to limit effect on topography, but will need
to disturb a large area on Lots 5 and 6.
4. Limit the cuts on the site.
Mr. Neve stated that Lots 5 and 6 were in an open pasture, trees
will not need to be cut.
Mr. Simons suggested limiting lawn area and grading, all the other
homes are consistent. He wants to make :sure that the houses are
integrated and work with the site, wants houses that suite the
site.
Mr. Neve stated that there are garages under where there are steep
grades.
Mr. Simons wants a common theme for the site design, possibly keep
the family farm theme within the subdivision.
Mr. Neve stated that plans are for traditional colonial designs.
He will not manufacture the site to fit the site. He will look at
coming up with a theme.
Mr. Mahoney asked if Mr. Kindred was reserving the design review
prior to sale of the lots.
Mr. Kindred's reply was "yes".
On a motion by Mr. Rowen, seconded by Mr. Simons, the Planning
Board voted to continue the public hearing to January 3, 1995.
Ms. Elsie Pouliot, 465 Boxford Street, questioned as to where the
water main would go.
Ms. Colwell to talk to D.P.W.
The Planning Board held a regular meeting on January 3, 1995.
The members present were: Richard Nardella,Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and
John Simons.
The applicant requested to continue the public hearing until
January 17, 1995.
On January 17, 1995 the Planning Board meeting was canceled
due to a lack of a quorum.
The Planning Board held a regular meeting on February 7, 1995.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice chairman, Richard Rowen, Clerk, Alison
Lescarbeau and John Simons.
4
Continued to February 21, 1995
The Planning Board held a regular meeting on February 21,
1995. The following members were present: Richard Nardella,
Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk and
Alison Lescarbeau.
continued to March 7, 1995
continue discussion of drainage issues
The Planning Board held a regular meeting on March 7, 1995.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison
Lescarbeau and John Simons.
Motion to close public hearing made by Mr. Mahoney, seconded
by Mr. Simons. Unanimous vote.
1
The Planning Board held a regular meeting on March 28, 1995.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman and Richard Rowen, Clerk.
Due to the lack of a quorum, the Planning Board was unable to
make a decision.
The Planning Board held a regular meeting on April 4, 1995.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison
Lescarbeau and John Simons.
On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, The
Planning Board voted to approve the special permit common driveway
and the special permit access as amended.
Attached are those conditions.
Sincerely,
North Andover Planning Board,
Richard A. Nardella, Chairman
5
i
Attachment
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Lot5. 6
6
A , ,
Lot 5 and 6 Boxford Street (Lost Pond)
Special Permit Approval - Access other than over street frontage
The Planning Board makes the following findings regarding the
application of Flintlock Inc. , P.O. Box 531, North Andover, MA
01845; dated October 20, 1994, requesting a Special Permit under
Section 7.2. 1 of the North Andover Zoning Bylaw to allow access to
Lot 5 across Lot 6 on Lost Pond Road.
This decision hereby allows the applicant to access the property
located at Lot 5 Boxford Street (Lost Pond) across property located
at Lot 6 Boxford Street (Lost Pond) as shown on the Plan referenced
in Condition 1.
FINDINGS OF FACT:
The Planning Board finds that due to the presence of a wetland
resource area between the street frontage and the upland portion of
the lot access to Lot 5 across Lot 6 is appropriate. Without this
special permit, a portion of the wetland resource area would be
filled to allow access to the lot.
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 presence of a wetland resource area between the street
frontage and the upland portion of the lot;
2. The design and location will not adversely affect the
neighborhood as the access to the lot will be from the
subdivision roadway;
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 CONDITION$:
1. This decision must be filed with the North Essex Registry of
Deeds. Included as part of this decision is the following
information:
# ' r
Plan titled: Planned Residential Development
Prepared for: Flintlock, incorporated
P.O. Box 531
North Andover, Mass 01845
Scale: 1" = 40'
Date: 9/23/94
Prepared by: Thomas E. Neve Associates
447 Old Boston Road
US Route 1
Topsfield, MA 01983
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 . Prior to any work on site:
a. The location of the driveway must be marked in the field
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.
3 . Prior to FORM U verification (Building Permit issuance) 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. Easements and agreements pertaining to access must be
recorded with the Registry of Deeds.
4. Prior to a Certificate of Occupancy being issued for either
dwelling,
a. The proposed dwellings must have residential fire
. r
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.
5. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
6. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
7 . All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
8 . No open burning shall be done except as is permitted during
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 unless substantial use or construction has commenced.
Therefore the permit will lapse on April 10, 1997.
cc: Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Chief
Fire Chief
Applicant
Engineer
File
LPONDAC
L �
PVA�1IIKG 80A�� 30YR ; SAW
TOWN C ,
TOWN OF NORTH ANDOVER NORTHA�DR
MASSACHUSETTS
NORTH
3? e•', oc
Any appeal shalt be filed 4L ^ ,
within (20) bays after the �., •.. �h
SS�CMUSE�
date of filing of this Notice
in the Office of the Town
Clerk. NOTICE OF DECISION
Date. . .ARr11.10c
Nov.15 Dec. 6 Dec. 20, 1994
Date of Hearing Jan., 3,, Jan.• ,17,, Feb. 7
Feb. 21, Mar. 7, Mar.28,1995
April 4, 1995
PINcetition of , .Flintloc. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected , Lot. 5, and. Lot. 6. 402.Boxford. Street, , , ,, , , , , , , , , , , , , , , , , ,
. . . . . . . . . . . . . ford . . roof . .
Referring to the above petition for a special permit from the requirements
of the North Andover.Zoning.Bylaw.Section .2.30 .Parai�r l?q.l.Common DrivewaX„ • ,
the,construction.of•a.common.driveway.for.access,for,Lot,5„
so as to permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
and Lot 6BoxfordStreet:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fter a public hearing given on the above date, the Planning Board voted
conAditiona ly
approve Special Permit
to . . . . . . . . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
cc: Director of Public Works Signed
Building Inspector Richard Nardella, Chairman
Conservation Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health Sanitarian Joseph Mahoney, Vice Chairman
Assessors .
Police Chief Richard Rowen, Clerk
Fire Chief . . .. . . . . . . . . . . . . . . .. . .
Applicant Alison Lescarbeau
Engineer ..
File
John Simons
Interested Parties .. . . . . . • • • • •• ' . .. . . . . .
•15lanning Board
r �
Town of North Andover E pORTH ,
OFFICE OF 3a `f D
COMMUNITY DEVELOPMENT AND SERVICES ° .' A
146 Main Street QDATED
KENNETH R.MAHONY North Andover,Massachusetts 01845 ss US
Director (508)688-9533
April 7, 1995
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
No. Andover, MA 01845
Re: Special Permit - Common Driveway
Lot 5 & 6 402 Boxford Street
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on
Tuesday evening, November 15, 1994 in the Senior Center behind the
Town Building on the application of Flintlock, Inc. , P.O. Box 531,
North Andover, MA, requesting a special permit under section 2 .30,
Paragraph 1 of the North Andover Zoning Bylaw. The legal notice
was properly advertised in the North Andover Citizen on October 26
and November 2, 1994 and all parties of interest were duly
notified. The following members were present: Richard Nardella,
Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk,
Alison Lescarbeau and John Simons.
The petitioner was requesting a special permit for the
construction of a common driveway to service Lot 5 and Lot 6, 402
Boxford Street.
Mr. Mahoney read the legal notices to open the public hearings
for the common driveway and access other than over legal frontage.
Mr. James Bourgeois, Thomas E. Neve Associates, was present.
Discussion of house designs, pedestrian access, screening,
construction of retaining walls.
1
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
r
t
Mr. Rowen read a letter from the Board of Health stating that
sufficient testing has been completed.
Mr. Nardella and Mr. Mahoney went on a site walk.
Mr. David Kindred, Flintlock Inc. , met with the Jodka's at the end
of the proposed road to discuss types of screening. Will hire
someone to draft a landscape plan along the edge of his property
and the roadway and additional planting at entry, behind house to
screen it from the subdivision.
Mr. Nardella asked the Jodka's if they were interested in accessing
from new subdivision.
Mr. Thomas Jodka, abutter, would like to keep options open and
possibly grant easement if necessary to access property.
Mr. Nardella stated that screening would be part of the decision as
long as it concerns land in the subdivision.
Mr. Jodka asked why is road allowed to be in the fifty foot buffer
zone. Mr. Rowen stated that need to allow road to go through the
buffer zone to access property.
Mr. Bourgeois discussed non-motorized vehicle access, possible
easement for access shown on the plans, access between Lot 9 and
Lot 8.
Mr. Nardella stated the need to set off the easement from the rest
of the subdivision with a defined trail. Mr. Kindred to have a
stone dust path with shrubs.
Ms. Colwell needs to get a copy of easement over Adams property.
Mr. Mahoney questioned can pathway/easement rights be granted all
the way out to Foster Street. Asked Mr. Kindred to look into it.
Mr. Rowen questioned how much cutting/filling for Lot 9. Mr.
Bourgeois stated that the road is about 6 feet higher than the
natural grade.
Mr. Simons expressed concerns about the final wetland flagging and
the calculation of buildable lots and the amount of open space. He
expressed concerns that the wetlands were not actually flagged and
that the numbers may change.
Ms. Colwell to check with Conservation as to the wetland line, any
changes to line may effect the lot count.
Discussion of access to Lots 5 and 6.
2
Mr. Rowen questioned closeness of cul-de-sac to the wetland, can
this be pulled away from the wetland.
Mr. Bourgeois stated that the developer may want to build retaining
walls around cul-de-sac to pull work away from the wetland.
The Planning Board would support a smaller cul-de-sac and 24 foot
pavement width.
Sidewalks on one side.
David Sharp, 71 Wintergreen Drive, stated that there was a
difference between FEMA Flood Plain and staff flood plain
measurements.
Mr. Bourgeois stated that he has requested information from the
State on this, but it would not effect the development.
Scott Lodde, 154 Duncan Drive, had questions about easement into
farm and need to preserve vehicular access for farm. Would rather
not see sidewalks be constructed on this site, would rather see
sidewalks built elsewhere.
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Planning
Board voted to continue the public hearings for the two special
permits, common driveway and access, and the definitive subdivision
to the December 6, 1994 meeting.
The Planning Board held a regular meeting on December 6, 1994.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, and John Simons.
Applicant requested a continuance on the public hearings until
December 20, 1994.
The Planning Board held a regular meeting on December 20,
1994 . The members present were: Joseph Mahoney, Vice Chairman,
Richard Rowen, Clerk, Alison Lescarbeau and John Simons.
Ms. Colwell discussed meeting with George Perna, Bill
Hmurciak, Michael Howard, David Kindred and Tom Neve. She gave the
Board an outline of topics discussed. Drainage calculations are
being reviewed by an outside consultant.
Mr. Neve stated that he may want to reduce pavement width at the
cul-de-sac in order to move the pavement away from the wetland.
(90 ' pavement instead of 1001 .
Planning Board in consensus about eliminating pavement if possible.
Mr. Simons had the following comments/questions:
3
1. What happened at Conservation?
2. Discuss access to Lots 5 and 6
3. Do cluster to limit effect on topography, but will need
to disturb a large area on Lots 5 and 6.
4. Limit the cuts on the site.
Mr. Neve stated that Lots 5 and 6 were in an open pasture, trees
will not need to be cut.
Mr. Simons suggested limiting lawn area and grading, all the other
homes are consistent. He wants to make sure that the houses are
integrated and work with the site, wants houses that suite the
site.
Mr. Neve stated that there are garages under where there are steep
grades.
Mr. Simons wants a common theme for the site design, possibly keep
the family farm theme within the subdivision.
Mr. Neve stated that plans are for traditional colonial designs.
He will not manufacture the site to fit the site. He will look at
coming up with a theme.
Mr. Mahoney asked if Mr. Kindred was reserving the design review
prior to sale of the lots.
Mr. Kindred's reply was "yes".
On a motion by Mr. Rowen, seconded by Mr. Simons, the Planning
Board voted to continue the public hearing to January 3, 1995.
Ms. Elsie Pouliot, 465 Boxford Street, questioned as to where the
water main would go.
Ms. Colwell to talk to D.P.W.
The Planning Board held a regular meeting on January 3, 1995.
The members present were: Richard Nardella,Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and
John Simons.
The applicant requested to continue the public hearing until
January 17, 1995.
On January 17, 1995 the Planning Board meeting was canceled
due to a lack of a quorum.
The Planning Board held a regular meeting on February 7, 1995.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison
Lescarbeau and John Simons.
4
t
Continued to February 21, 1995
The Planning Board held a regular meeting on February 21,
1995. The following members were present: Richard Nardella,
Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk and
Alison Lescarbeau.
continued to March 7, 1995
continue discussion of drainage issues
The Planning Board held 'a regular meeting on March 7, 1995.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison
Lescarbeau and John Simons.
Motion to close public hearing made by Mr. Mahoney, seconded
by Mr. Simons. Unanimous vote.
The Planning Board held a regular meeting on March 28, 1995.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman and Richard Rowen, Clerk.
Due to the lack of a quorum, the Planning Board was unable to
make a decision.
The Planning Board held a regular meeting on April 4, 1995.
The following members were present; Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison
Lescarbeau and John Simons.
On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, The
Planning Board voted to approve the special permit common driveway
and the special permit access as amended.
Attached are those conditions.
Sincerely,
North Andover Planning Board,
Richard A. Nardella, Chairman
5
a
Attachment
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Lot5.6
6
Y • �
Lot 5 and 6 Boxford Street (Lost Pond)
special Permit Approval - Common Driveway
The Planning Board makes the following findings regarding the
application of Flintlock Inc. , P.O. Box 531, North Andover, MA
01845; dated October 20, 1994 requesting a Special Permit under
Section 2 . 30. 1 of the North Andover Zoning Bylaw for the
construction of a common driveway to access Lots 5 and 6 Boxford
Street (Lost Pond) .
FINDINGS OF FACT:
1. The application adheres to the bylaw restriction that no more
than two (2) lots be serviced by this common drive;
2 . The specific location of the common driveway is appropriate
due the presence of wetlands between the street frontage and
the upland portion of the lot. Without this special permit,
a portion of the wetland resource area would be filled to
allow access to the lot;
3 . The design and location will not adversely affect the
neighborhood as the driveway will be accessed from the new
subdivision road;
4 . There will be no nuisance or serious hazard to vehicles or
pedestrians;
5. Adequate standards have been placed on the design which will
meet public health and safety concerns;
6. 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. Prior to any site disturbance, the location of the driveway
must be marked in the field and reviewed by the Town Planner.
2 . Prior to FORM U verification (Building Permit issuance) being
for the proposed dwellings,
a. Easements pertaining to the rights of access for
driveways between the lots involved shall be filed with
the Registry of Deeds Office.
b. A recorded maintenance agreement running in perpetuity
with the land must be submitted to the Planning Office.
14
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.
3 . Prior to a Certificate of occupancy being issued for either
dwelling,
a. The Applicant shall place a stone bollard at the entry to
the common drive off of Lost Pond. This stone bollard
shall have the street numbers of all houses engraved on
all four sides of the stone. The dimensions of the stone
shall be as follows: 8" x 8" x 72". The stone shall have
48" exposed and 24" buried, and all numbering on the
stone shall be 4" in height. This condition is placed
upon the applicant for the purpose of public safety.
b. The proposed dwellings shall have a residential fire
sprinkler system installed in accordance with the
provisions of Standard 13D, N.F.P.A. .
4. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
5. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
6. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
7 . No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
8. No underground fuel storage shall be installed except as
may be allowed by Town Regulations.
9. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
10. 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 April 10, 1997.
11. The following Plans shall be deemed as part of this
decision:
Plan titled: Planned Residential Development
Prepared for: Flintlock, Incorporated
P.O. Box 531 '
North Andover, Mass 01845
Scale: 1" = 40 '
v + �
Date: 9/23/94
Prepared by: Thomas E. Neve Associates
447 Old Boston Road
US Route 1
Topsfield, MA 01983
cc: Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Chief
Fire Chief
Applicant
Engineer
File
LPonddr
I