HomeMy WebLinkAboutJANUSZ, ROBERT (2) COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT
#94-1989
...................... ..............................................................................................................
VS.
RICHARD A. NARDELLA, ET ALS
...............................................................................................................................................................
CERTIFICATE OF JUDGMENT
In the above action, by complaint dated.................. SFptember 6, . 1994
........
...........
the following entry has been made upon the docket of said Court, viz:
September 27,..1994 -pleadi:Rg - Plff's Notice of Voluntary
.................I..... .................. ........................................I....................
Dismissal with Prejudice.
....................I.................................... ......................................................
......................................... .............. ......... .................. ...... ...........
Attest:
................... ........................CLERK OF COURTS
Clerk
AMBSTI.
A Zme Copy
Town
COMMONWEALTH OF MASSACHUSETTS
SSEX, SS. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
C.A. #94-1989C
SRW, INC. , )
Plaintiff )
)
V. )
)
RICHARD A. NARDELLA, )
JOSEPH MAHONEY, )
RICHARD ROWEN, )
JOHN BAGHLIAN, and )
ALLISON LESCARBEAU, AS )
MEMBERS OF THE NORTH ANDOVER )
PLANNING BOARD, and )
ROBERT JANUSZ, )
Defendants )
)
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL
Pursuant to Rule 41(a) ( 1) (i) of the Massachusetts Rules
of Civil Procedure, Plaintiff hereby voluntarily dismisses this
action.
Rule 41(a) allows a voluntary dismissal of this action as
of right because neither- an Answer to the Complaint nor a Motion
for Summary Judgment has been served.
This dismissal is with rejudice.
Dated: September 19, 1994 ,
Andrew A. COfr�y, Jr. , Esquire
CAFFREY & CAFFREY
One Elm Square
P.O. Box X5099
CAFFREY&CAFFREY - Andover, MA 01810
ATTORNEYS AT LAW (508) 4475-2412
ONE ELM SQUARE BBO #069240
ANDOVER,
MASSACHUSETTS 01810 -
TELEPHONE
(508)475-2412
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT DEPARTMENT
OF THE TRIAL. COURT
C.A. #94-1989C
)
SRW, INC. , )
Plaintiff )
V. )
RICHARD A. NARDELLA, )
JOSEPH MAHONEY, )
RICHARD ROWEN, )
JOHN BAGHLIAN, and )
ALLISON LESCARBEAU, AS )
MEMBERS OF THE NORTH ANDOVER )
PLANNING BOARD, and )
ROBERT JANUSZ, )
Defendants )
)
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL
Pursuant to Rule 41(a) ( 1) (i) of the Massachusetts Rules
of Civil Procedure, Plaintiff hereby voluntarily dismisses this
action.
Rule 41(a) allows a voluntary dismissal of this action as
of right because neither- an Answer to the Complaint nor a Motion
for Summary Judgment has been served.
This dismissal is with Zrejudice.
Dated: September 19, 1994 -�
Andrew A. Cgofz,ey, Jr. , Esquire
CAFFREY & CAFFREY
One Elm Square
P.O. Box 5099
CAFFREY&CAFFREY Andover, MA 01810
-
ATTORNEYS AT LAW (508) 44j7]5-24.12 ,
ONE ELM SQUARE BBO #069240
ANDOVER,
MASSACHUSETTS O 1810
TELEPHONE
(508)475-2412
REQ
DAHIY.; 1,.v"qti
CAFMY& CAFFREY t o: s � +.�.3z x
ATTORNEYS AT LAW SEP 16
One Elm Square
P.O. Box 5099
Andover, Massachusetts 01810
Andrew A. Caffrey, Jr. (504)475-2412 (W)
(504)475-5662(t)
Andrew A. Caffrey
Of Counsel
September 6, 1994
North Andover Town Clerk
Town Hall
North Andover, MA 01845
RE: Jerard Place - Phase III
Dear Madam Clerk:
I, Andrew A. Caffrey, Jr.', Attorney for the Plaintiff,
SRW, Inc. , hereby provide notice that Plaintfiff has appealed two
(2 ) decisions of the North Andover Planning Board filed with the
Town Clerk on August 16, 1994 . The first decision appealed is that
approving the definitive subdivision of Robert Janusz of Jerard
Place - Phase III, and the second decision appealed is that
granting a Special :Permit for a Planned Residential Development
under Section 8.5 of the North Andover Zoning By-Law for the same
Jerard Place - Phase III.
A copy of the Complaint is attached hereto, all pursuant
to M.G.L. Chapter 40A, Section 17, and. M.G.L. Chapter 41, Section
81BB.
Very truly yours,
(lREY CAFFREY
1
ew A. C Jr.
AAC:nb
Enclosures
S.la#[.i H a, ' E
NALTH OF MASSACHUSETTS
i
j ESSEX, SS. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
C.A. #
)
SRW, INC. , )
Plaintiff )
)
V. }
RICHARD A. NARDELLA, )
J JOSEPH MAHONEY, )
RICHARD ROWEN, ) COMPLAINT
JOHN DAGHLIAN, and }
ALISON LESCARBEAU, AS )
�! MEMBERS OF THE NORTH ANDOVER )
PLANNING BOARD, and )
ROBERT JANUSZ, )
Defendants }
r }
}
1. The Plaintiff, SRW, Inc. , (hereinafter "SRW, Inc. " )
l
is a Delaware Corporation with a principal place of business at 1
Sundial Avenue, Nashua, N.H.
2 . The Defendants, Richard A. Nardella of 63 Hay Meadow
Road, North Andover, MA, Joseph Mahoney of 24 Millpond, North
{ Andover, MA, Richard Rowen of 102 Bear Hill Road, North Andover,
MA, John Daghlian of 1440 Salem Street, North Andover, MA and
Alison Lescarbeau of 68 Laconia Circle, North Andover, MA, are all
members of the North Andover Planning Board (hereinafter referred
to as "Board" ) .
CAFFREY&CAFFREY
ATTORNEYS AT LAW
ONE ELM SQUARE
ANDOVER, I
MASSACHUSETTS 01810
t
TELEPHONE
(508)475-2412
i
1
I
f
3 . The Defendant, Robert Janusz (hereinafter "Janusz" )
r resides at 40 Sunset Rock Road, Andover, Mass.
i
4 . 4n May 17, 1994, and on several continued dates the
i
Board held public hearings upon the application of Janusz for
approval of a definitive subdivision of land located between
i
Candlestick Road and Forest Street, North Andover, Mass. shown on
a plan entitled "Jerard Place - Phase III, by Thomas E. Neve
Associates, Inc. dated April 22, 1994 and also for a Special Permit
under Section 8.5 of the North Andover Zoning By-Law for a planned
residential development (hereinafter referred to as "PRD" ) on the
same land.
I
5 . The Definitive Subdivision Plan proposes an
j extension of a prior Janusz subdivision and the parcel depicted is
made up in part by land owned by Janusz and in part by land owned
by the Estate of Ida Miller, which was allegedly under Purchase &
Sale Agreement to Janusz.
` b. SRW owns a parcel of land adjacent to the parcel
which is the subject of this action.
7 . At its regular meeting on August 2, 1994 the
Planning Board voted to approve its draft decision as amended on
the Definitive Subdivision for Jerard Place - Phase III and voted
i
to approve the Special Permit for a PRD on Jerard Place - Phase III
as amended. Both of these decisions were filed with the Town Clerk
i
on August 15, 1994 and are attached hereto as Exhibits A and B.
CAFFREY&CAFFREY
ATTORNEYS AT LAW
ONE ELM SQUARE
ANDOVER, 'I
MASSACHUSETTS 0181 O i 2
TELEPHONE
:.508)47S-2412
i
i
1
I
COUNT I
i
8. Paragraphs 1 through 8 are reiterated and
incorporated herein by reference.
I 9 . This is an appeal under M.G.L. Chapter 41, Section
81BB of the action of the North Andover Planning Board on August
` 16, 1994 approving a definitive subdivision pian entitled "Jerard
Place - Phase III" .
10. The Definitive Plan filed with the Board contains
errors in its depiction of the common boundary between the land of
Ithe Plaintiff and Lot 11 on the Definitive Plan and should be
redrawn according to Land Court specifications.
11. Within the Notice of Decision for the Special Permit
i
there is a reference to "Waiver of roadway length is the only
subdivision waiver requested. " If such a waiver was allowed, it
was without justification and is an abuse of the Board's
I
i discretion.
12. The decision of the Board exceeds the authority of
i
the Board under the Massachusetts Subdivision Control Law because
I
the applicant, Janusz, failed to satisfy the statutory requirements
and the granting of the same was arbitrary and capricious.
COUNT II
I
13. Paragraphs 1 through 12 are reiterated and
incorporated herein by reference.
14. This is an appeal under M.G.L. Chapter 40, Section
CAFFREY&CAFFREY ( 17A of the action of the North Andover Planning Board on August 16,
ATTORNEYS AT LAW
ONE ELM SQUARE 1994 approving a Special Permit under Section 8.5 of the North
ANDOVER,
MASSACHUSETTS 0 18 10
3
TELEPHONE
(508)475-2412
y
i
I
i
Andover Zoning By-Law for the PRD known as "Jerard Place - Phase
IIT. "
j
15. The PRD Special Permit filing did not satisfy the
i
by-law requirements in that certain existing one-acre lots were
reconfigured to such an extent that they no longer related to the
original subdivision and therefore lost their zoning protection so
that the "conventional plan" showing two one-acre lots and six two-
acre lots did not meet the requirements in that all eight lots
should have conformed to two-acre zoning.
16. While the Board found that the project would,
"D. Meet the Town's housing needs by promoting a diversity of
housing types, in fact the testimony was that the housing would be
I
j in keeping with existing homes in the neighborhood, thereby
violating one of the specific findings needed by the Planning Board
under Section 8.5 of the Zoning By-Law.
17 . The decision of the Board exceeds the authority of
the Board because the applicant, Janusz, failed to satisfy the
requirements of Section 8.5 of the North Andover Zoning By-Law,
insufficient grounds existed for granting a Special Permit, and the
granting of the Special Permit was arbitrary and capricious.
WHEREFORE, Plaintiff prays as follows:
1 . That this Court schedule a hearing de novo to
fdetermine the validity of the Board's actions;
2 . That the decision of the Board in approving the
CAFFREY&CAFFREY Definitive Subdivision be annulled:;
ATTORNEYS AT LAW
ONE ELM SQUARE
ANDOVER.
MASSACHUSETTS 01810
4
TELEPHONE
(508)475-2412
j
3 . That the decision of the Board in granting said
Special Permit be annulled;
4 . For such other relief as is just and equitable.
Respectfully submitted,
!
SRW, Inc. ,
by its attorney,
I
I
I
1-
Andrew A. C y, Jr. , Esquire
1 CAFFREY & CAF Y
One Elm Square
P.O. Box 5099
Andover, MA 01810
(508) 475-2412
BBO #069240
I
I
I
CAFFREY&CAFFREY
ATTORNEYS AT LAW
ONE ELM SQUARE
ANDOVER.
MASSACHUSETTS 01810
5
TELEPHONE
(508)4 75-241 2
1
f
I
COCT
APPLICATION 'FX2 APPROVAL OF 2RDT?M FLdPt ` "14 - `z
April 21 1PR a9' !
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 419 Section
81-L, for approval of a proposed subdivision shown on a plan =titled
Jerad Place - Phase III
by Thomas E. Neve Associates , Inc. dated April 22 , 1994_
being lead bounded as follows: northerly by Candlestick Road and land
of Miller & Sirois easterly bX land-of Kareta LaFlamme Perrv,
DiNatale, & ons utherly by land of Brikus, Hahsey & Miller,
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Bssex Deeds, Book �_� Page , .; or
Certificate of Title No. , Registration Book_, page; or
Other: See Land Court-Plan No. 32062C by
Christiansen & Sergi .
Said plan has( ) has not(X) evolved from a preliminary plan submitted to
the Board of _�19 and approved (with modifications) { )
disapproved on 19 ,�....,.•
The undersigned hereby applies for the approval of said DEP'TNITIQE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plea 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 Tomo,
as, are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
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 sane. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree-
ments herein shall be biad3ag upon all heirs, executors, adadidstrator9j,
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. ,l
Received by Torn Clerk: GG
Date: Signat "f A
Robert Janusz
Time:
Signature: 40 Sunset Rock Road, Andover, MA 01810
Address
Notice to APPLICAW/TOWNtK and Certification of action of ?lanming 3oard
t on 3efini.tive Subdivision ?Ian entitled:
Jerad Place - Phase lII
3y: Thomas E. Neve Associates, Inc. dated April 22, 1994 } 19
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land», or otherwise provide security for the con-
struction of nays and the installation of municipal services within said sub-
division, all as provided by O.L. c. 41, S. 81-J.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building g or other structure shall be built or placed upon Lots
NO. as shown on said Plan without the prior
consent of said 3oard of Health.
4. Other conditions
See Attached
zs
c
cs
�/T G,
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said. plan.
Date: August 2, L994 By: Richard A Na ddP'�C'hai rman `--�'
a
Jared Place - Phase III
Definitive Subdivision Conditional Approval
The Planning Board herein approves a nine (9) lot Definitive
Subdivision containing eight (8) new house lots and one lot of
dedicated open space known as Jared Place Phase III. The
application was submitted by Robert Janusz, 40 Sunset Rock Road,
Andover, MA 01810, dated April 21, 1994. The area affected
contains approximately 14.73 acres in a Residential- 1 Zone off
of Candlestick Road. Of the 14. 72 acres 2. 07 acres are protected
as 1 acre lots under a zoning freeze.
In granting this approval the Planning Board is not offering any
opinion or making any conclusions as to ownership interests in
this parcel.
The Planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated April 22 , 1994 includes all of
the information indicated in Section 3 of the Rules and
Regulations concerning the procedure for the submission of
plans.
B. The Definitive Plan adheres to all of the design standards
as indicated in Section 7 of the Rules and Regulations
except as noted in Condition 17.
C. The Definitive Plan is in conformance with the purpose and
intent of the Subdivision Control Law.
D. The Definitive Plan complies with all of the review comments
submitted by various town departments in order to comply
with state law, town by-laws and insure the public health,
safety, and welfare of the town.
Finally, the Planning Board finds that the Definitive Subdivision
complies with Town Bylaw requirements so long as the following
conditions are followed:
1. Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following:
a. The roadway detail must be changed to reflect a
pavement width of twenty-four (24) feet.
b. The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board's
decision.
C. A detailed construction schedule must be submitted as
part of the plans.
d. A covenant (FORM I) securing all lots within the
subdivision for the construction of ways and municipal
services must be submitted to the Planning Board. Said
lots may be released from the covenant upon posting of
security as requested in Condition 3 (c) .
e. Right of way dedication easements for the proposed
roadway shall be prepared at the applicant' s expense
androvided
p to the Planning Office.
f. The applicant must submit to the Town Planner a FORM M
for all utilities and easements placed on the
subdivision. The Board- will sign the document and it
must be recorded at the Essex North Registry of Deeds.
g. All drainage, water, and sewage facility designs shall
be approved by the North Andover Division of Public
Works. Provisions for water intrusion mitigation shall
be included in the design and shown on the construction
schedule required in Condition l(g) .
h. All application fees must be paid in full and verified
by the Town Planner,
i. A detailed street tree planting list shall be prepared
listing specific material to be used. This list shall
indicate quantity and size of all proposed material.
j . The Special Permit and Subdivision Decision for this
project must be included on a sheet as part of the
plans.
k. Endorsement of the Plans must be completed within
ninety (90) days of the date this decision is filed
with the Town Clerk. If the Plans are not endorsed by
this date this decision will be deemed automatically
rescinded.
All documents shall be prepared at the expense of the
applicant, as required by the Planning Board Rules and
Regulations Governing the Subdivision of Land.
Endorsement of the plans is proof of satisfaction of the
above conditions.
2 . Prior to the start of construction:
a. The plans must be endorsed by the Planning Board and
recorded by the applicant at the Essex North Registry
of Deeds
b. Three (3) complete copies of the recorded plans and two
(2) copies of the following recorded documents must be
submitted to the Planning office: Subdivision Approval,
Special Permit Approval, FORM I Covenant, FORM M
Utility Easement, Roadway Easement.
C. A11 erosion control measures must be in place and
reviewed by the Town Planner.
d. A complete set of signed plans, a copy of the Planning
Board decision, and a copy of the Conservation
Commission Order of Condition must be on file at the
Division of Public Works prior to issuance of permits
for connections to utilities. The subdivision
construction and installation shall in all respects
conform to the rules and regulations and specifications
of the Division of Public Works.
e. All state approvals required for the subdivision shall
be filed with the Division of Public Works and the
Planning Office prior to commencing work on the
subdivision, including a storm water Pollution
Prevention. Plan.
3. Prior to any lots being released from the statutory covenants:
a. All site erosion control measures required to protect
off site properties from the effects of work on the lot
proposed to be released must be in place. The Town
Planning Staff shall determine whether the applicant
has satisfied the requirements of this provision prior
to each lot release and shall report to the Planning
Board prior to a vote to release said lot.
b. The applicant must submit a lot release FORM J to the
Planning Board for signature.
C. A Performance Security (Roadway Bond) in an amount to
be determined by the Planning Board, upon the
recommendation of the Department of Public Works, shall
be posted to ensure completion of the work in
accordance with the Plans approved as part of this
conditional approval. Items covered by the Bond may
include, but shall not be limited to:
i. as-built drawings
ii. sewers and utilities
iii. roadway construction and maintenance
iv. lot and site erosion control
V. site screening and street trees
vi. drainage facilities
vii. site restoration
viii. final site cleanup
4 . Prior to a FORM U verification for an individual lot, the
following information is required by the Planning
Department:
a. A plot plan for the lot in question must be submitted,
which includes all of the following:
i• location of the structure,
ii. location of the driveways,
location of the septic systems if applicable,
iv. location of all water and sewer lines,
V. location of wetlands and any site
improvements required under a NACC order of
condition,
vi. any grading called for on the lot,
vii. all required zoning setbacks, including
buffer zones and no-cut lines,
viii. location of any drainage, utility and other
easements.
b. All appropriate erosion control measures for the lot
shall be in place. Final determination of appropriate
measures shall be made by the Planning Board or Staff.
C. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
d. The lot in question shall be staked in the field. The
location of any major departures from the plan must be
shown. The Town Planner shall verify this information.
e. Lot numbers, visible from the roadways must be posted
on all lots.
5 . Prior to a Certificate of Occupancy being requested for an
individual lot, the following shall be required:
a. The roadway must be constructed to at least binder coat
of pavement to properly access the lot in question.
Prior to construction of the binder coat, the applicant
shall ensure that all required inspection and testing
of water, sewer, and drainage facilities has been
completed. The applicant must submit to the Town
Planner an interim as-built, certified by a
professional engineer, verifying that all utilities
have been installed in accordance with the plans and
profile sheet.
b. All necessary permits and approvals for the lot in
question shall be obtained from the North Andover Board
of Health, and Conservation Commission,
C. Permanent house numbers must be posted on dwellings and
be visible from the road.
d. All slopes on the lot in question shall be stabilized,
as solely determined by the Planning Board in regards
to erosion, water run off, and safety.
e. All lots must be raked, loamed and seeded, sodded, or
mulched if the weather does not permit seeding or
sodding.
f. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall
be the developer's responsibility to assure the proper
placement of the driveways regardless of whether
individual lots are sold. The Planning Board requires
any driveway to be moved at the owners expense if such
driveway is at a catch basin or stone bound position.
g. The Planning Board reserves the right to review the
site after construction is complete and require
additional site screening as it deems necessary and
reasonable,
6 . Prior to the final release of security retained for the site
by the Town, the following shall be completed by the
applicant:
a. The Planning Board will, by a majority, vote to release
any security retained.
b. The open Space Parcel must be transferred to the Town
through the Conservation Commission.
C. An as-built plan and profile of the site shall be
submitted for review and approval.
d. The applicant shall petition Town Meeting for public
acceptance of the street. Prior to submitting a
warrant article for such petition the applicant shall
review the subdivision and all remaining work with the
Town Planner and Department of Public Works. The
Planning Board shall hold a portion of the subdivision
bond for continued maintenance and operations until
such time as Town Meeting has accepted (or rejected in
favor of private ownership) the roadways. It shall be
the developer' s responsibility to insure that all
proper easements have been recorded at the Registry of
Deeds.
e. The Town Planner shall ensure that all Planning,
conservation Commission, Board of Health and Division
of Public Works requirements are satisfied and that
construction was in strict compliance with all approved
plans and conditions.
7 . The Town Planner will review any signs utilized for this
project. The applicant must obtain a sign permit as
required by Section 6 of the Bylaw. The Planning Board
shall approve any entrance structures. Any lighting used
for entrance signs must be removed prior to acceptance of
the subdivision by the Town.
8 . The applicant shall adhere to the following requirements of
the Division of Public Works:
a. Two leaching catch basins should be installed at the
low point at the end of the cul-de-sac.
b. The area on the property downstream from the catch
basins should be graded to accommodate excess runoff
from greater volume storm events.
C. The drainage design should include the use of dry wells
on all lots.
d. The proposed hydrant at the cul-de-sac should be
installed on the end of the water main and be located
near the Lot 14/15 property line.
e. A 12 inch water main should be installed off site on
Forest Street. The main should extend from its current
terminus on Forest Street to the intersection of Jared
Place Road, a distance of approximately 390 feet.
9. The applicant shall adhere to the following requirements of
the Fire Department:
a. Open burning is allowed by permit only after
consultation with the Fire Department.
b. Underground fuel storage will be allowed in conformance
with the Town Bylaws and State Statute and only with
the review and approval of the Fire Department and
Conservation Commission.
10. There shall be no burying or dumping of construction
material on site.
11. The location of any stump dumps on site must be pre-approved
by the Planning Board.
12 . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
13 . Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies.
14 . Any action by a Town Board, Commission, or Department which
requires changes in the roadway alignment, placement of any
easements or utilities, drainage facilities, grading or no
cut lines, may be subject to modification by the Planning
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
JaredIII.sub
TOWN OF NORTH ANDOVER
HASSA. CHUSETTS -
O
A
Any appeal shall be filed - •
within (24) days after the ,C, a•``
date of filing of this Notice
in the office of the Town NOTICE OF DECISION
Cierk.
Date. .Aucus t. 6: 1994
4ay' 7,'j une' 7,W une 21,
Date of Hearing June 28, *July 5,
�uly'i9'�'Aaqust 2, 19
Petition of Robert. Janusz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . t ... .on he south side .of .Candlestick .Road . ! • ,
Referring to the above petition for a special permit from the requirements
of the north Andover Zoning Bylaw , Section 3.5 . . Planned Residential Development
so as to permit . ,the •construction •of .3 . _
single family homes • . . • . . . . , , ,
After a oublic hearing given on the above date, the Planning Board voted
CONDITIONALLY
t0 .APPROVE . . . . . . . .the
based upon the following conditions
SignedIeV
Lt�G
Richard A. Nardella, Chairman
cc: Director of Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector Joseph Mahoney, vice Chairman
Conservation Administrator • • • . . . . . . • • • • • • • • • . . . . . . . . . •
Health Sanitarian Richard Rowen, Clerk
Assessors
Police Chief John Daghlan
:ire Chief • . . . . . . . . . . . . . . . . . . . . .
Applicant Alison Lescarbeau, associate
Engineer 'pian.... . . Board. . . . . . . .
_-, ie
-nterested ?arties
KAREN H.?, NELSON
�irecros1'. Town of 120 Main street. 01845
3tILDING
NORTH _-NDOVER 508> 682-6483
CONSERVATION
Divisiox nF
HEALTH
.'LAINNIN'G PLANNING & COMMUNITY DEVELOPMENT
August 16, 1994
Ms. Joyce Bradshaw,
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Special Permit PRD
Jerad Place Phase III
Dear Ms. Bradshaw:
The North Andover Planning Board held a public hearing on May
17, 1994, in the Senior Center behind the Town Building, upon the
application of Robert Janusz, 40 Sunset Rock Road, Andover, MA. ,
who was requesting a special permit under Section 8 .5 (Planned
Residential Development) of the North Andover Zoning Bylaw. The
legal notice was duly advertised in the North Andover Citizen on
April 25, 1994 and May 5, 1994 and all parties of interest were
properly notified. The following Board members were present
Richard Nardella, Chairman, Richard Rowen Clerk, John Daghlian and
John Simons.
The petitioner was requesting a special permit for the
construction of 8 single family homes under the requirements of a
Planned Residential. Development.
Mr. Rowen read the legal notice to open the public hearing.
Mr. Thomas Neve was present representing Mr. Robert Janusz.
He gave the Board the following information
Phase III of developing Mr. Janusz ' land
reviewed property under conventional zoning which is
partially R-2 and with the majority in R-1
road exit from Candlestick and extend approximately 900
ft. of roadway
all lots but one serviced by subdivision road, all have
required acreage, CBA, frontage and have passed Board of
Health septic tests
Ms. Colwell to check date of endorsement of Jerad II plan. .
Page 2 :
Jerad III
r
PRD Plan:
minimum of 25, 00 sq. ft. allowed, all lots are greater
than 40, 000 sq. ft.
50 ft. buffer zone line shown on plans
wetland line shown on plans
50 ft. no construction zone
25 ft. not cut zone
no variances required
waiver of roadway length is the only sudivi�s�or wa„�pr
35% open space required in a PRD
creates greenbelt along Forest Street and keeps open
water wetland available as open space
nearest house to Forest Street will be 300 ft. away
roadway is the same length in both conventional and PRD
plan
Mr. Nardeila stated that the Board previously reviewed this
under a request for a determination of the zoning. The Board
requested that Mr. Neve go through the calculation of lots under
the conventional subdivision. Three 1 acre lots in Jerad II are !a° `
reconfigured. One 1 acre lot remains in Jerad II on Sugarcane
Lane, two 1 acre lots become part of Jerad Place III.
The conventional plan has two 1 acre lots and six 2 acre lots.
The detention ponds designed to mitigate run-off,
retain/detain water - stormwater mitigation and to "clean" water
before it is released to protect watersheds. The ponds will hold
a 12 hour volume of water.
Mr. Daghlian asked how close will the -houses be? The
response:
3 ,200 sq. ft. footprints shown
Lot 1 & 2 Lot 2 & 3 Lot 3 & 4
80 ft. 100 ft. 60 ft.
Mr. Rowen stated that the extension of Sugarcane Lane used
leaching pits in the island to avoid detention/retention ponds. He
questioned whether this was possible for the Jerad III island.
Mr. Neve stated that 250 ft. of road drains to the cul-de-sac
without any basins, water will run in a swale along lot lines to
wetlands.
Page 3 :
Jerad III
Mr. Nardella - catch basins at and of road draining into cul-
de-sac.
Issues of sidewalks was discussed.
Mr. Neve said possible use of sidewalk money to tie water-line
into Forest Street.
Mr. Nardella had questions of site distance on Candlestick.
Mr. Neve stated that there is a 301 pavement radius at entrance to
Candlestick.
Mr. Nardella asked that discussions continue to June 7
meeting, to discuss drainage, sidewalks, roadway width, island
width.
Mr. Peter Besson, Candlestick Road, questioned how many
lots/new houses will be created that access Candlestick.
Mr. Neve replied:
8 as part of Jerad II
2 on Sugarcane Lane - existing lots
7 as part of Seven Oaks
17 lots
Mr. Besson asked if economics taken into consideration and
marketability.
Mr. Nardella replied "no, marketability is not something that
the Board has the power to review. " The developer must show a
buildable subdivision. A PRD creates protected open space and
creates 50 ft. no build buffer zone.
Mr. Neve will calculate additional area of open space
protected by 50 ft. buffer zone.
Ms. Ann Perry, Sugarcane Lane, asked if any filling on lots.
Mr. Neve replied, no filling of wetlands but the site will be
graded for the house sites and septic systems.
Mr. George Perna, D.P.W. Director, asked that the limit of
clearing be shown.
Mr. Neve stated that there was a continuous barrier of erosion
control shown on the plan.
Elizabeth Williams, Candlestick, asked what is the distance
between hones in the conventional plan. Mr. Neve replied that
homes are a similar distance apart in both conventional and PRD Plan.
Page 4:
Jerad III
Ms. Williamsistated that
houses aou d be
1 large for lots. Mr.
Neve told her footprints are large to give developer r flexibility.
Mr. Janusz intends to put same covenants on Phase II and as
Phase III.
Mr. Scott Williams, Candlestick Road, concerned about wetland
line.
Mr. Sam Gagliano, Candlestick Road, stated that the
intersections of Forest and Boxford Streets have become dangerous,
concerned about site distance.
Jerry Peterson, Candlestick Road, also had concerns about
traffic.
Ms. Amy Lyons asked why wasn't Lot 11 included in the
subdivision. Mr. Neve stated that topography of area does not
allow for access across wetland to that lot through the
subdivision.
Carolyn Dudman, Sugarcane Lane, asked if the drainage will
effect wetlands. Mr. Neve stated that ponding areas store the
water to settle out particulates and regulate flow into the
wetlands, detention areas and catch basins cleaned out periodically
by D. P.W.
Ms. Dudman concerned about salt and sand. Mr. Perna stated
that salt and sand was cleaned out in catch basins.
Mr. David Sherman, Candlestick Road, asked if Candlestick Road
drainage be effected. Mr. Neve stated that no drainage from this
road will enter existing roadway.
Mr. Tony Campagne, Boxford Street, asked if any road
construction involved in existing streets. Mr. Neve stated that
none is currently planned however, water main in Forest Street may
be effected.
Mr. Perna stated that from now on with any off site
construction, a developer will have a paid full time person to
monitor construction.
Mr. John Leeman, Pine Ridge Road, asked if the 50 ft. buffer
zone is calculated as part of 35% open space. Mr. Neve stated it
is where it is part of the open space.
Mr. Leeman asked when were the wetlands flagged? Mr. _Neve
replied, "last spring. "
Page 5:
Jerad III
Mr. Leeman asked if any oil or grease traps in catch basins?
Mr. Neve replied "yes. "
Ms. Williams asked what is the direct benefit to the Town of
the open space. Mr. Neve replied, to preserve forested area along
Forest Street.
Mr. Rowan read a memo to the Board from Richard Doucette,
Conservation Administrator, regarding PRD's.
John Simons arrived at 9:40 p.m.
Mr. Michael Staff, Sugarcane Lane, asked if there would be
construction on both Seven Oaks and Jerad Place III at the same
time? Mr. Rowan said, probably, Seven Oaks is an approved
subdivision.
Mr. Besson asked how many extra lots could be added to
Candlestick Road.
Ms. Elise Pouliot, Boxford Street, asked where will Jerad IV
go? Mr. Neve replied, off Boxford Street.
Ms. Pouliot expressed concerns about the number of septic
systems in the area. Mr. Neve stated that they conform to Town
guidelines which are more stringent than State regulations.
Mr. Nardella stated that discussions would continue to the
June 7th meeting.
Mr. Simons to review all material and notes from discussions
that took place before his arrival.
On June 7, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowan, Clerk, and John
Daghlian. John Simons arrived at 8: 15 p.m.
Mr. Thomas Neve stated that D.P.W. has not yet reviewed the
drainage calculations.
Mr. Nardella concerned that when a lot in a 1 acre area is
taken out of that subdivision and put in a 2 acre subdivision that
the 1 acre lots should lose their protection.
The Planning Board requested that Town Counsel review issues
of grandfathering the lots under 1 acre.
There was a discussion of a contribution to be made to the
sidewalk fund.
Page 6:
Jerad III
The Board may require cape cod berm.
Mr. Nardella stated that if Ms. Colwell can draft conditions
by the next meeting, she will do so.
Mr. David Sherman, 315 Candlestick Road, stated that
Candlestick Road does not need sidewalks currently but may in the
future. What is the time frame.
Mr. Neve stated that the road will, be built with a few homes
by the end of the year. There is a three year build out proposed.
Traffic of construction vehicles, stones will be placed at entrance
to the subdivision to knock off silt and sand from tires,
Mr. Robert Janusz, developer, has reviewed ability to use wood
road off of Forest Street for construction access.
On a motion by Mr. Rowen, seconded by Mr. Simons, the Board
voted to continue the public hearing to June 21, 1994 .
On June 21, 1994 the Planning Board held a regular meeting.
Due to the lack of a quorum, a meeting was scheduled for June 28 ,
1994 .
On June 28 , 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and Alison Lescarbeau, Associate Member,
Mr. Robert Janusz was present and asked that the public
hearing be continued to July 5, 1994 .
On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board
voted to continue the public hearing to July 5, 1994.
On July 5 , 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and John Daghlian.
Mr. Thomas Neve, of Thomas Neve Associates, told the Board
that he reworked the original conventional subdivision to create „
additional 1/2 acre, took some land from the Form A lot, shortened ,
the road.
The Planning Board discussed access to- all - lots from legal
frontage. Lot 1 would require a special permit for access.
The Planning Board discussed the issue that lots from 1 acre
grandfathered subdivision are being changed and added to a 2 acre
subdivision.
Page 7 :
Jerad III
Ms. Colwell stated that Town Counsel stated that at some point
when lots are changed to such an extent that they no longer
"relate" to the original subdivision that they then lose any zoning
protection held b
y the original subdivision.
nion.
Mr. Mahoney questioned what effect would this have on Jerad
II.
Mr. Neve stated he was not changing anything regarding the
roadway in Jerad II. He ' s not changing any lot lines of people
currently owning the land. He is creating 1 acre lots under the
PRD which is the lot size of the existing Jerad II.
Mr. Nardella had questions about who would own the open space.
Discussion that portion of Form A lot could be placed under a
conservation restriction and a connection created with Seven Oaks
open space.
Ms. Colwell and Mr. Doucette to discuss ownership of open
space.
Ms. Colwell to confirm date Jerad II application filed and CBA
requirement.
Jerad II plan endorsed in October of 1986.
Mr. Neve stated that if one lot is lost, the deal will fall
through and Form A lots will be built along Forest Street.
Mr. Simons stated that protecting greenbelt along Forest
Street is laudable. The Planning Board has a creditability problem
with the PRD process, perceived as allowing more lots, need to look
closely at this.
Mr. Mahoney stated that the creditability problem is due to
the lack of education on the part of the public. He endorsed the
concept.
Mr. Daghlian would rather see a PRD than a Form A plan, major
wetland crossings would be involved with Form A' s.
Mr. Rowen asked what would happen if the Planning Board
determined that 8 lots are appropriate instead of 9 lots.
Mr. Neve replied that the deal would fall through if he loses
one lot due to financial commitments.
Mr. Rowen stated that he can accept the concept after
reviewing the math of the acres.
Page 8:
Serad III
Mr. Nardella stated that Counsel advised that when lots are
changed to such a point that they lose association, they lose their
grandfathering, it is discretionary with the Planning Board to
decide this.
Mr. Neve stated that he will need to redo the Form A lot with
a conservation restriction placed on the land.
Mr. Nardella stated that he supports this conventional plan.
Mr. Simons expressed concerns about conventional plan., needs
to think about it.
Mr. Neve stated that the drainage is in the cul-de-sac,
leaching catch basins at end of cul-de-sac with grading between
lots. Mr. Neve requested a sidewalk waiver. Mr. Neve stated that
he will construct $25, 000 worth of off-site improvements with the
watermain.
Mr. Nardella told Mr. Neve that sprinklers will be required.
Mr. Neve asked the Planning Board to consider waiving sidewalk
requirement in lieu of off-site improvements. (550 ' of watermain
on Forest Street) .
Mr. Nardella stated that sidewalks where not an issue of
discussion.
Ms. Colwell questioned the house designs ( � 'Al I
Mr. Neve told her he will be keeping with existing homes.
[KBC add to decision that homes should be in keeping with existing
homes. ]
Mr. Nardella stated that sidewalks are to be constructed or
donate to fund.
lamp post at and of driveways
houses will be sprinklered
curbing will be required
o limit roadway pavement to 241 .
Mr. Neve told Mr. Nardella that the road is basically flat,
curb not needed.
Mr. Nardella stated that cape cod berm along both sides of the
road will be required.
Page 9
Jerad III
Mr. Neve told Mr. Nardella that you need a 26 ' binder with
berms.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to close the public hearing on both the subdivision and the
special permit for a PRD.
Staff to draft decision for July 19, 1994 meeting.
On July 19 , 1994 the Planning Board held a regular meeting.
The following members were present; Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and Alison Lescarbeau, Associate Member.
Ms. Colwell went through draft decision highlighting important
conditions.
The Planning Board does not feel comfortable issuing decision
tonight, wants to review decision in more detail.
Ms. Colwell reminded the Planning Board that they were given
the decision to review over the weekend.
-
Mr. Nardella wants cape cod berm throughout the entire
subdivision.
The Planning Board will discuss and render a decision at the
next meeting.
Mr. Nardella stated that an issue of ownership of the land has
arisen. Both Mr. Robert Janusz and Mr. James Grifoni claim
ownership of the property.
Mr. Janusz stated he expect decision from the court on the
property on August 11, 1994
Ms. Colwell to discuss with Town Counsel implications of
dispute.
On August 2 , 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Daghlian
and Alison Lescarbeau, Associate Member.
The Board reviewed the draft decision.
Condition #8e - 12 inch water main - would like it to be a
town project with Mr. Janusz contribution of X$ 's/ft.
Page 10:
Jerad III
Condition 415 - granite curbing to be changed to "sloped"
granite curbing.
Condition #16 See wording
Condition #18 fill in $ amount - Add include endorsement
requirement within 90 days.
Intro. change acreage
14.72
2.47
verify that Form A acreage is removed
And to reword - The Planning Board notes that granting this
PRD Conditions
lc KBC to review
ld - $10, 000 site opening
on a motion by Mr. Rowen, seconded by Mr. Daghlian, the Board
voted to approve the decision as amended on the definitive
subdivision for Jerad Place Phase III.
[NOTE: Alison Lescarbeau is a voting member on Special Permits]
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board
voted to approve the Special Permit for a PRD on Jerad Place Phase
III as amended.
Attached are those conditions.
Sincerely,
Planning Board
0 . 7aux/4&(2�)
Richard A. Nardella, Chairman
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Sanitarian
Assessors
Police Chief
Fire Chief
c
AP li ant
P
Engineer
File
Jared Place - Phase III
Special Permit Conditional Approval
Planned Residential Development
The Planning Board herein approves a nine (9) lot Definitive
Subdivision containing eight (8) new house lots and one lot of
dedicated open space - known as Jared Place - Phase III. The
application was
submitted by Robert Janusz, 40 Sunset Rock Road, ANdover, MA
01810, dated April 21, 1994. The area affected contains
approximately 14 . 73 acres in a Residential 1 Zone off of
Candlestick Road. Of the 14.72 acres, 2. 07 acres are protected
as 1 acre lots under a zoning freeze.
The Planning Board makes the following findings as required by
the Zoning Bylaw Sections 10. 3 , and 10.31:
A. The specific site is an appropriate location for a Planned
Residential Development as it is an extension of an existing
one acre subdivision.
B. The use as developed will not adversely affect the
neighborhood as this site is located in a Residential-1 Zone
and is an extension of an existing neighborhood.
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 PRD 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;
B. Encourage the preservation of open space. The applicant has
provided 35% of the property (5.21 acres) as Open Space
C. Permit greater flexibility and more attractive and efficient
1
1 '
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 8 house lots
is appropriate for the PRD. This number of lots has been
determined from a Preliminary Conventional Subdivision Plan
provided to the Planning Board which satisfies the Town' s
requirements for submission of such a plan. This Preliminary Plan
is described as follows:
Conventional Subdivision
Scale: 1" = 50'
Revised 20 Jun 94
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. Prior to endorsement of the plans by the Planning Board and
recording with the Registry of Deeds the applicant shall
adhere to the followings
a. A limit of work line incorporating the fifty foot
buffer zone and the wetland limit of work zones must be
shown on the plans.
b. The homes on Lots 2 and 12 must be at least ten feet
away from the 50 foot buffer zone.
C. An easement allowing the existing driveway from Forest
Street to cross the property must be submitted to the
Planning office. The easement document must place
restrictions limiting any further expansion of the
driveway as it is located in the 50 foot buffer zone
area.
d. The applicant shall post (per agreement with the North
Andover Planning Board) a Performance Guarantee (Site '
Opening Bond) in the amount of $10,000 (ten thousand
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. 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 (c) of the Definitive
Subdivision Conditional Approval This Performance
Guarantee may at the discretion of the Planning Board
be rolled over to cover other bonding considerations,
2
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.
e. The designated open space parcel shall be donated to
the Town through the Conservation Commission. A
perpetual restriction of the type described in M.G.L.
Chapter 184 , Section 31 running to or enforceable by
the town shall be recorded with respect to such -land.
Such restriction shall provide that the Usable Open
Space shall be retained in perpetuity For one or more
of the following uses: conservation, agriculture, or
recreation. Documents to this effect must be reviewed
by the Planning Staff prior to endorsement and the
property must be conveyed prior to acceptance of the
road by the Town.
f. Deeds conveying individual dots 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.
2 . Prior to Construction, 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.
3 . Prior to releasing individual lots from the statutory
covenants the applicant must comply with all conditions
found in the Jared Place III Definitive Subdivision Approval
incorporated as a part of this decision.
4 . The applicant must comply with the Phased Development Bylaw,
Section 4 (2) of the Town of North Andover Zoning Bylaw.
5 . Prior to FORM U verification for an individual lot, house
designs must be submitted to the Planning Staff for review.
The House designs must be similar ,in design to the existing
homes in the neighborhood.
6. Prior to a Certificate of occupancy being requested for an
individual lot, the conditions outlined in the Jared Place
Phase III Definitive Subdivision Conditional Approval must
be followed.
7 . Prior to the final release of security, the conditions
outlined in the Jared Place Phase IIS Definitive
Subdivision Conditional Approval must be followed.
3
3 . 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.
9 . Pedestrian access will be provided to the open space area as
delineated by the Town Staff.
10 . 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
:rust be submitted as outlined in Section 5.8 (6) of the
Zoning Bylaw.
11. This special permit approval shall be deemed to have lapsed
after August 16, 1994 (two years from the date permit
granted) unless substantial construction of roadway and
utilities has commenced. Substantial construction shall be
solely determined by a majority vote of the North Andover
Planning Board.
12 . 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.
13 . This Special Permit approval is based upon the approval of a
Definitive Subdivision Pian. The Special Permit and
Definitive Subdivision approvals are both based upon the
following information:
a. Plans entitled: Planned Residential Development
Jared Place Phase III
Designed for: Robert J. Janusz
40 Sunset Rock Road
Andover, MA 01810
Designed by: Thomas E. Neve Associates, Inc.
447 Old Boston Road
US Route 1
Topsfield, MA 01983
Dated: 4/22/94 , rev. 8/1/94
Sheets: 1 through 5
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
4
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
JaredIII.PRD
S
r'
L t
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN �IR{/./�1�(}C(. . � ` i 1 TER
April 21 t-0 21 I
i.-
To the Planning Board of the Town of North Andover:
The undersigned~ being the applicant as defined under Chapter 419 Section
81-L# for approval of a proposed subdivision shown on a plan entitled
Jerad Place - Phase III
by Thomas E. Neve Associates,wInc-. dated April 22 , 1994
being land bounded as follows: northerly by Candlestick_ Road and land
of Miller & Sirois , easterly by land of Kareta Laflamme, Perry,
DiNatale, & Pgons utherly by land of Brikus, Hahsey & Miller,
es
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Hook , Page ___,__; or
Certificate of Title No. , Registration Book , page_; or
Other: See Land Court Plan No. 32062C by
Christiansen & Sergi.
Said plan has( ) has not(X) evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( }
disapproved on , 19 40
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants 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 boning by-laws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
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 construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree-
ments herein shall,be binding upon all heirs$ executors, administrators,
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.
Received by Town Clerk:
Date: Signatur f Appl t
Time:
Robert Janusz
Signature: 40 Sunset Rock Road, Andover, MA 01810
Address
II
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning &ard
on Definitive Subdivision Plan entitled:
Jerad Place - Phase III
Br., Thomas E. Neve Associates, Inc. dated April 22, 1994 19
iE � �Fit � 9t
The North Andover Planning Board has voted to APPRM said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
division,, all as provided by G.L. c. lel., S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board' no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
See Attached
CM
.. X
N ;n
�;:�
o ; n %:
W t..s
4+
..amM
WE"
In the event that no appeal sha11 have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
NORTH/ 6 � O
Date: August 2, 1994 By: Richard A. Nardel la. Chairman-49)
1 1
Jared Place - Phase III
Definitive Subdivision Conditional Approval
The Planning Board herein approves a nine (9) lot Definitive
Subdivision containing eight (8) new house lots and one lot of
dedicated open space known as Jared Place - Phase III. The
application was submitted by Robert Janusz, 40 Sunset Rock Road,
Andover, MA 01810, dated April 21, 1994. The area affected
contains approximately 14.73 acres in a Residential- 1 Zone off
of Candlestick Road. Of the 14.72 acres 2.07 acres are protected
as 1 acre lots under a zoning freeze.
In granting this approval the Planning Board is not offering any
opinion or making any conclusions as to ownership interests in
this parcel.
The Planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated April 22, 1994 includes all of
the information indicated in Section 3 of the Rules and
Regulations concerning the procedure for the submission of
plans.
B. The Definitive Plan adheres to all of the design standards
as indicated in Section 7 of the Rules and Regulations
except as noted in Condition 17.
C. The Definitive Plan is in conformance with the purpose and
intent of the Subdivision Control Law.
D. The Definitive Plan complies with all of the review comments
submitted by various town departments in order to comply
with state law, town by-laws and insure the public health,
safety, and welfare of the town.
Finally, the Planning Board finds that the Definitive Subdivision
complies with Town Bylaw requirements so long as the following
conditions are followed:
1. Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following:
a. The roadway detail must be changed to reflect a
pavement width of twenty-four (24) feet.
b. The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board's
decision.
C. A detailed construction schedule must be submitted as
part of the plans.
d. A covenant (FORM I) securing all lots within the
/� ,Q
ufJ+.
c �, "� �� _
r l
subdivision for the construction of ways and municipal
services must be submitted to the Planning Board. Said
lots may be released from the covenant upon posting of
security as requested in Condition 3 (c) .
e. Right of way dedication easements for the proposed
roadway shall be prepared at the applicant's expense
and provided to the Planning Office.
f. The applicant must submit to the Town Planner a FORM M
for all utilities and easements placed on the
subdivision. The Board will sign the document and it
must be recorded at the Essex North Registry of Deeds.
g. All drainage, water, and sewage facility designs shall
be approved by the North Andover Division of Public
Works. Provisions for water intrusion mitigation shall
be included in the design and shown on the construction
schedule required in Condition 1(g) .
h. All application fees must be paid in full and verified
by the Town Planner.
i. A detailed street tree planting list shall be prepared
listing specific material to be used. This list shall
indicate quantity and size of all proposed material.
j . The Special Permit and Subdivision Decision for this
project must be included on a sheet as part of the
plans.
k. Endorsement of the Plans must be completed within
ninety (90) days of the date this decision is filed
with the Town Clerk. If the Plans are not endorsed by
this date this decision will be deemed automatically
rescinded.
All documents shall be prepared at the expense of the
applicant, as required by the Planning Board Rules and
Regulations Governing the Subdivision of Land.
Endorsement of the plans is proof of satisfaction of the
above conditions.
2 . Prior to the start of construction:
a. The plans must be endorsed by the Planning Board and
recorded by the applicant at the Essex North Registry
of Deeds.
b. Three (3) complete copies of the recorded plans and two
(2) copies of the following recorded documents must be
submitted to the Planning Office: Subdivision Approval,
Special Permit Approval, FORM I Covenant, FORM M
Utility Easement, Roadway Easement.
C. All erosion control measures must be in place and
reviewed by the Town Planner.
d. A complete set of signed plans, a copy of the Planning
Board decision, and a copy of the Conservation
Commission Order of Condition must be on file at the
Division of Public Works prior to issuance of permits
for connections to utilities. The subdivision
construction and installation shall in all respects
conform to the rules and regulations and specifications
of the Division of Public Works.
e. All state approvals required for the subdivision shall
be filed with the Division of Public Works and the
Planning Office prior to commencing work on the
subdivision, including a storm water Pollution
Prevention Plan.
3. Prior to any lots being released from the statutory covenants:
a. All site erosion control measures required to protect
off site properties from the effects of work on the lot
proposed to be released must be in place. The Town
Planning Staff shall determine whether the applicant
has satisfied the requirements of this provision prior
to each lot release and shall report to the Planning
Board prior to a vote to release said lot.
b. The applicant must submit a lot release FORM J to the
Planning Board for signature.
C. A Performance Security (Roadway Bond) in an amount to
be determined by the Planning Board, upon the
recommendation of the Department of Public Works, shall
be posted to ensure completion of the work in
accordance with the Plans approved as part of this
conditional approval. Items covered by the Bond may
include, but shall not be limited to:
i. as-built drawings
ii. sewers and utilities
iii. roadway construction and maintenance
iv. lot and site erosion control
V. site screening and street trees
vi. drainage facilities
vii. site restoration
viii. final site cleanup
4. Prior to a FORM U verification for an individual lot, the
following information is required by the Planning
Department:
a. A plot plan for the lot in question must be submitted,
which includes all of the following:
i. location of the structure,
ii. location of the driveways,
location of the septic systems if applicable,
iv. location of all water and sewer lines,
V. location of wetlands and any site
improvements required under a NACC order of
condition,
vi. any grading called for on the lot,
vii. all required zoning setbacks, including
buffer zones and no-cut lines,
viii. location of any drainage, utility and other
easements.
b. All appropriate erosion control measures for the lot
shall be in place. Final determination of appropriate
measures shall be made by the Planning Board or Staff.
C. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
d. The lot in question shall be staked in the field. The
location of any major departures from the plan must be
shown. The Town Planner shall verify this information.
e. Lot numbers, visible from the roadways must be posted
on all lots.
5. Prior to a Certificate of occupancy being requested for an
individual lot, the following shall be required:
a. The roadway must be constructed to at least binder coat
of pavement to properly access the lot in question.
Prior to construction of the binder coat, the applicant
shall ensure that all required inspection and testing
of water, sewer, and drainage facilities has been
completed. The applicant must submit to the Town
Planner an interim as-built, certified by a
professional engineer, verifying that all utilities
have been installed in accordance with the plans and
profile sheet.
b. All necessary permits and approvals for the lot in
question shall be obtained from the North Andover Board
of Health, and Conservation Commission.
C. Permanent house numbers must be posted on dwellings and
be visible from the road.
d. All slopes on the lot in question shall be stabilized,
as solely determined by the Planning Board in regards
to erosion, water run off, and safety.
e. All lots must be raked, foamed and seeded, sodded, or
mulched if the weather does not permit seeding or
sodding.
f. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall
be the developer's responsibility to assure the proper
placement of the driveways regardless of whether
individual lots are sold. The Planning Board requires
any driveway to be moved at the owners expense if such
driveway is at a catch basin or stone bound position.
g. The Planning Board reserves the right to review the
site after construction is complete and require
additional site screening as it deems necessary and
reasonable.
6. Prior to the final release of security retained for the site
by the Town, the following shall be completed by the
applicant:
a. The Planning Board will, by a majority, vote to release
any security retained.
b. The Open Space Parcel must be transferred to the Town
through the Conservation Commission.
C. An as-built plan and profile of the site shall be
submitted for review and approval.
d. The applicant shall petition Town Meeting for public
acceptance of the street. Prior to submitting a
warrant article for such petition the applicant shall
review the subdivision and all remaining work with the
Town Planner and Department of Public Works. The
Planning Board shall hold a portion of the subdivision
bond for continued maintenance and operations until
such time as Town Meeting has accepted (or rejected in
favor of private ownership) the roadways. It shall be
the developer's responsibility to insure that all
proper easements have been recorded at the Registry of
Deeds.
e. The Town Planner shall ensure that all Planning,
Conservation Commission, Board of Health and Division
of Public Works requirements are satisfied and that
construction was in strict compliance with all approved
plans and conditions.
7. The Town Planner will review any signs utilized for this
project. The applicant must obtain a sign permit as
required by Section 6 of the Bylaw. The Planning Board
shall approve any entrance structures. Any lighting used
for entrance signs must be removed prior to acceptance of
the subdivision by the Town.
8. The applicant shall adhere to the following requirements of
the Division of Public Works:
a. Two leaching catch basins should be installed at the
low point at the end of the cul-de-sac.
b. The area on the property downstream from the catch
basins should be graded to accommodate excess runoff
from greater volume storm events.
C. The drainage design should include the use of dry wells
on all lots.
d. The proposed hydrant at the cul-de-sac should be
installed on the end of the water main and be located
near the Lot 14/15 property line.
e. A 12 inch water main should be installed off site on
Forest Street. The main should extend from its current
terminus on Forest Street to the intersection of Jared
Place Road, a distance of approximately 390 feet.
9. The applicant shall adhere to the following requirements of
the Fire Department:
a. Open burning is allowed by permit only after
consultation with the Fire Department.
b. Underground fuel storage will be allowed in conformance
with the Town Bylaws and State Statute and only with
the review and approval of the Fire Department and
Conservation Commission.
10. There shall be no burying or dumping of construction
material on site.
11. The location of any stump dumps on site must be pre-approved
by the Planning Board.
12. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
13 . Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies.
14. Any action by a Town Board, commission, or Department which
requires changes in the roadway alignment, placement of any
easements or utilities, drainage facilities, grading or no
cut lines, may be subject to modification by the Planning
y
Board.
15. Sloped granite curbing must be used throughout the
subdivision.
16. The Planning Board recommends constructing the subdivision
through the wood road off of Forest Street.
17. The following waivers from the Rules and Regulations
Governing the Subdivision of Land North Andover,
Massachusetts Revised February, 1989 have been granted by
the Planning Board:
Section 7 (D) Sidewalks: The Board waives the requirement of
constructing sidewalks in this subdivision based upon the
fact that sidewalks were not required on Candlestick Road,
from which this new road gains access. This waiver is also
based upon an agreement by the owner to make a donation to
the Town of North Andover Pedestrian Safety Fund equal to
the cost of installing sidewalks on one side of the street
within the subdivision.
Section 7 (B) (4) Streets and Roadways: The Board has
determined that this road fits the criteria set forth by the
DPW and Planning Board as a twenty-four (24) foot paved
road.
18. All ways must be constructed to binder paving and utilities
installed by August 16, 1996 (within two years from the date
this decision is filed with the Town Clerk) or this decision
is deemed to be automatically rescinded.
19. This Definitive Subdivision approval is based upon a Special
Permit granted in accordance with Section 4.125, 10.3 and
10.31 of the North Andover Zoning Bylaw. The Special Permit
and Definitive Subdivision approvals are both based upon the
following information:
a. Plans entitled: Planned Residential Development
Jared Place - Phase III
Designed for. Robert J. Janusz
40 Sunset Rock Road
Andover, MA 01810
Designed by: Thomas E. Neve Associates, Inc.
447 Old Boston Road
US Route 1
Topsfield, MA 01983
Dated: 4/22/94, rev. 8/1/94
Sheets: 1 through 5
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
u '
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
JaredIII.sub
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
Jerad Place - Phase III
By Thomas E. Neve Associates, Inc. dated April 22, 1994 9 19
�F 9F iE alt iF �F
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
divisiont all as provided by G.L. c. 41, S. 81--U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4• Other conditions:
See Attached
v
c
O
W
Wr
.r-
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
s�wews�•
NORTH�C �W
Date: August 2, 1994 By: Richard A NardelIa. Chairman v
FORM C
J!,
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
April 21 AFR 3,Cl'9i'"
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 419 Section
81-L, for approval of a proposed subdivision shown on a plan entitled
Jerad Place - Phase III
by Thomas E. Neve Associates , Inc. dated April 22 , 1994
being land 'wounded as follows: northerly by Candlestick Road and land
of Miller & Sirois , easterly by land of Kareta, LaFlamme, Perry,
DiNatale,b& p' oonst utherly by land of Brikus, Hahsey & Miller,
re
+T•�tA3:.1
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan. '
Title Reference: North Essex Deeds, Book , Page ; or
Certificate of Title No. , Registration Book _,�,, page ____; or
Other: See Land Court Plan No. 32062C by
Christiansen & Sergi.
Said plan has( ) has not(4 evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved on , 19 •
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants 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,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
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 plant profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree-
ments herein shall be binding upon all heirs, executors, administrators,
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.
Received by Town Clerk: �'�
Date: Signaturf Appl t
Robert Janusz
Time: Andover, MA 01810
40 Sunset Rock Road, .
Signature: Address
Jared Place - Phase IIT
Definitive Subdivision Conditional Approval
The Planning Board herein approves a nine (9) lot Definitive
Subdivision containing eight (8) new house lots and one lot of
dedicated open space known as Jared Place - Phase III. The
application was submitted by Robert Janusz, 40 Sunset Rock Road,
Andover, MA 01810, dated April 21, 1994. The area affected
contains approximately 14 .73 acres in a Residential- 1 Zone off
of Candlestick Road. Of the 14.72 acres 2. 07 acres are protected
as 1 acre lots under a zoning freeze.
In granting this approval the Planning Board is not offering any
opinion or making any conclusions as to ownership interests in
this parcel.
The Planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated April 22, 1994 includes all of
the information indicated in Section 3 of the Rules and
Regulations concerning the procedure for the submission of
plans.
B. The Definitive Plan adheres to all of the design standards
as indicated in Section 7, of the Rules and Regulations
except as noted in Condition 17.
C. The Definitive Plan is in conformance with the purpose and
intent of the Subdivision Control Law.
D. The Definitive Plan complies with all of the review comments
submitted by various town departments in order to comply
with state law, town by-laws and insure the public health,
safety, and welfare of the town.
Finally, the Planning Board finds that the Definitive Subdivision
complies with Town Bylaw requirements so long as the following
conditions are followed:
1. Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following:
The roadway detail must be changed to reflect a
pavement width of twenty-four (24) feet.
The applicant must meet with the Town Planner in order
to ensure that the plans conform- with the Board's
decision.
A detailed construction schedule must be submitted as
J part of the plans.
A covenant (FORM I) securing all lots within the
subdivision for the construction of ways and municipal
services must be submitted to the Planning Board. Said
lots may be released from the covenant upon posting of
security as requested in Condition 3 (c) .
Right of way dedication easements for the proposed
roadway shall be prepared at the applicant 's expense
and provided to the Planning Office.
f�The applicant must submit to the Town Planner a FORM M
L/ for all utilities and easements placed on the
subdivision. The Board will sign the document and it
must be recorded at the Essex North Registry of Deeds.
All drainage, water, and sewage facility designs shall
be approved by the North Andover Division of Public
Works. Provisions for water intrusion mitigation shall
be included in the design and shown on the construction
schedule required in Condition 1 (g) .
All application fees must be paid in full and verified
by the Town Planner.
i. A detailed street tree planting list shall be prepared
listing specific material to be used. This list shall
indicate quantity and size of all proposed material.
The Special Permit and Subdivision Decision for this
project must be included on a sheet as part of the
plans.
Endorsement of the Plans must be completed within
ninety (90) days of the date this decision is filed
with the Town Clerk. If the Plans are not endorsed by
this date this decision will be deemed automatically
rescinded.
All documents shall be prepared at the expense of the
applicant, as required by the Planning Board Rules and
Regulations Governing the Subdivision of Land.
Endorsement of the plans is proof of satisfaction of the
above conditions.
2 . Prior to the start of construction:
a. The plans must be endorsed by the Planning Board and
recorded by the applicant at the Essex North Registry
of Deeds.
b. Three (3) complete copies of the recorded plans and two
(2) copies of the following recorded documents must be
submitted to the Planning Office: Sbdivison Approval;
,,S15'ecial Permit Approval, -FY I Covenant,
Utility Easement, Roadway Easement.
All erosion control measures must be in place and
reviewed by the Town Planner.
d. A complete set of signed plans, a copy of the Planning
Board decision, and a copy of the Conservation
Commission Order of Condition must be on file at the
Division of Public Works prior to issuance of permits
for connections to utilities. The subdivision
construction and installation shall in all respects
conform to the rules and regulations and specifications
of the Division of Public Works.
e. All state approvals required for the subdivision shall
be filed with the Division of Public Works and the
Planning Office prior to commencing work on the
subdivision, including a storm water Pollution
Prevention Plan.
3. Prior to any lots being released from the statutory covenants:
a. All site erosion control measures required to protect
off site properties from the effects of work on the lot
proposed to be released must be in place. The Town
Planning Staff shall determine whether the applicant
has satisfied the requirements of this provision prior
to each lot release and shall report to the Planning
Board prior to a vote to release said lot.
b. The applicant must submit a lot release FORM J to the
Planning Board for signature.
C. A Performance Security (Roadway Bond) in an amount to
be determined by the Planning Board, upon the
recommendation of the Department of Public Works, shall
be posted to ensure completion of the work in
accordance with the Plans approved as part of this
conditional approval. Items covered by the Bond may
include, but shall not be limited to:
i. as-built drawings
ii. sewers and utilities
iii. roadway construction and maintenance
iv. lot and site erosion control
V. site screening and street trees
vi. drainage facilities
vii. site restoration
viii. final site cleanup
4 . Prior to a FORM U verification for an individual lot, the
following information is required by the Planning
Department:
e
a. A lot plan for the lot in question must be submitted,
0
P P
which includes all of the following:
i. location of the structure,
ii. location of the driveways,
iii. location of the septic systems if applicable,
iv. location of all water and sewer lines,
V. location of wetlands and any site
improvements required under a NACC order of
condition,
vi. any grading called for on the lot,
vii. all required zoning setbacks, including
buffer zones and no-cut lines,
viii. location of any drainage, utility and other
easements.
b. All appropriate erosion control measures for the lot
shall be in place. Final determination of appropriate
measures shall be made by the Planning Board or Staff.
C. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
d. The lot in question shall be staked in the field. The
location of any major departures from the plan must be
shown. The Town Planner shall verify this information.
e. Lot numbers, visible from the roadways must be _posted
on all lots.
5 . Prior to a Certificate of Occupancy being requested for an
individual lot, the following shall be required:
a. The roadway must be constructed to at least binder coat
of pavement to properly access the lot in question.
Prior to construction of the binder coat, the applicant
shall ensure that all required inspection and testing
of water, sewer, and drainage facilities has been
completed. The applicant must submit to the Town
Planner an interim as-built, certified by a
professional engineer, verifying that all utilities
have been installed in accordance with the plans and
profile sheet.
b. All necessary permits and approvals for the lot in
question shall be obtained from the North Andover Board
of Health, and Conservation Commission.
C. Permanent house numbers must be posted on dwellings and
be visible from the road.
d. All slopes on the lot in question shall be stabilized,
as solely determined by the Planning Board in regards
to erosion, water run off, and safety.
e. All lots must be raked, loamed and seeded, sodded, or
mulched if the weather does not permit seeding or
sodding.
f. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall
be the developer's responsibility to assure the proper
placement of the driveways regardless of whether
individual lots are sold. The Planning Board requires
any driveway to be moved at the owners expense if such
driveway is at a catch basin or stone bound position.
g. The Planning Board reserves the right to review the
site after construction is complete and require
additional site screening as it deems necessary and
reasonable.
6. Prior to the final release of security retained for the site
by the Town, the following shall be completed by the
applicant:
a. The Planning Board will, by a majority, vote to release
any security retained.
b. The Open Space Parcel must be transferred to the Town
through the Conservation Commission.
C. An as-built plan and profile of the site shall be
submitted for review and approval.
d. The applicant shall petition Town Meeting for public
acceptance of the street. Prior to submitting a
warrant article for such petition the applicant shall
review the subdivision and all remaining work with the
Town Planner and Department of Public Works. The
Planning Board shall hold a portion of the subdivision
bond for continued maintenance and operations until
such time as Town Meeting has accepted (or rejected in
favor of private ownership) the roadways. It shall be
the developer' s responsibility to insure that all
proper easements have been recorded at the Registry of
Deeds.
e. The Town Planner shall ensure that all Planning,
Conservation Commission, Board of Health and Division
of Public Works requirements are satisfied and that
construction was in strict compliance with all approved
plans and conditions.
7 . The Town Planner will review any signs utilized for this
project. The applicant must obtain a sign permit as
required by Section 6 of the Bylaw. The Planning Board
shall approve any entrance structures. Any lighting used
for entrance signs must be removed prior to acceptance of
the subdivision by the Town.
8 . The applicant shall adhere to the following requirements of
the Division of Public Works:
a. Two leaching catch basins should be installed at the
low point at the end of the cul-de-sac.
b. The area on the property downstream from the catch
basins should be graded to accommodate excess runoff
from greater volume storm events.
C. The drainage design should include the use of dry wells
on all lots.
d. The proposed hydrant at the cul-de-sac should be
installed on the end of the water main and be located
near the Lot 14/15 property line.
e. A 12 inch water main should be installed off site on
Forest Street. The main should extend from its current
terminus on Forest Street to the intersection of Jared
Place Road, a distance of approximately 390 feet.
9. The applicant shall adhere to the following requirements of
the Fire Department:
a. Open burning is allowed by permit only after
consultation with the Fire Department.
b. Underground fuel storage will be allowed in conformance
with the Town Bylaws and State Statute and only with
the review and approval of the Fire Department and
Conservation Commission.
10. There shall be no burying or dumping of construction
material on site.
11. The location of any stump dumps on site must be pre-approved
by the Planning Board.
12 . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
13 . Gas, Telephone, Cable, and - Electric utilities shall be
installed as specified by the respective utility companies.
14 . Any action by a Town Board, Commission, or Department which
requires changes in the roadway alignment, placement of any
easements or utilities,, drainage facilities, grading or no
cut lines, may be subject to modification by the Planning
Board.
15. Sloped granite curbing must be used throughout the
subdivision.
16. The Planning Board recommends constructing the subdivision
through the wood road off of Forest Street.
17. The following waivers from the Rules and Regulations
Governing the Subdivision of -Land North Andover,
Massachusetts Revised February, 1989 have been granted by
the Planning Board:
Section 7 (D) Sidewalks: The Board waives the requirement of
constructing sidewalks in this subdivision based upon the
fact that sidewalks were not required on Candlestick Road,
from which this new road gains access. This waiver is also
based upon an agreement by the owner to make a donation to
the Town of North Andover Pedestrian Safety Fund equal to
the cost of installing sidewalks on one side of the street
within the subdivision.
Section 7 (B) (4) Streets and Roadways: The Board has
determined that this road fits the criteria set forth by the
DPW and Planning Board as a twenty-four (24) foot paved
road.
18. All ways must be constructed to binder paving and utilities
installed by August 16, 1996 (within two years from the date
this decision is filed with the Town Clerk) or this decision
is deemed to be automatically_rescinded.
19. This Definitive Subdivision approval is based upon a Special
Permit granted in accordance with Section 4. 125, 10. 3 and
10. 31 of the North Andover Zoning Bylaw. The Special Permit
and Definitive Subdivision approvals are both based upon the
following information:
a. Plans entitled: Planned Residential Development
Jared Place Phase III
Designed for: Robert J. Janusz
40 Sunset Rock Road
Andover, MA 01810
Designed by: Thomas E. Neve Associates, Inc.
447 Old Boston Road
US Route 1
Topsfield, MA 01983
Dated: 4/22/94, rev. 8/1/94
Sheets 1 through 5
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
JaredIII. sub
x �
• TOWN OF NORTH ANDOVER
MASSACHUSETTS
103 I '
f gORTI,,
p
Any appeal shall be filed K,'
� after the
;,SS'�CNUS tth
within (2d) days a
data of filing of this Notice
In the off ice of the Town NOTICE OF DECISION
Clerk.
is to certify that twenty(20)days
h elapsed from date of decision fti Date..August. 16: 1994
without filingof � � • • � � � *f%*17;�une' 7,Nine 21,
Dats � " ' ��' June 28, July 5,
Joyce A.Bradshaw Date of Hearing •3u1y'i9'&'AuguE 2, 1994
Tovm Clerk
Petition Of Robert. Janusz. . . . . . . . . . .
Premises affected Land .on .the •South .Side ,of •Candlestick .Road . • • . . . , . . + • . .
Referring to the above petition for a special permit from the requirements
of the North• Andover Zoning Bylaw Section 8.5 Planned Residential Development
so as to permit , .the •construction •of •8 .single family.homes. . . • • • • . . • . .
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 a. Av,,6&
Richard A. Nardella, Chairman
cc: Director of Public Works
Building Inspector Joseph Mahoney, Vice Chairman
Conservation Administrator . . . . . . • • •
Health Sanitarian Richard Rowen, Clerk
Assessors . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . .
Police Chief John Daghlian
Fire Chief . . . . . . . ... .. . . . . . . . . . . . . . . . . . . . .
Applicant
Engineer Alison Lescarbeau, Associate. . .
File .planning . Board.
Interested Parties
1 ,
NORT},
KAREN H.P.NELSON om
120 Main Street, 01845
Director, TOWN Of
BtTILDING' .�» NORTH ANDOVER (508) 682-6483
qs°4.:.o�°"�tt
CONSERVATION s"°HQ5� DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
August 16, 1994
Ms. Joyce Bradshaw,
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Special Permit - PRD
Jerad Place Phase III
Dear Ms. Bradshaw:
The North Andover Planning Board held a public hearing on May
17, 1994, in the Senior Center behind the Town Building, upon the
application of Robert Janusz, 40 Sunset Rock Road, Andover, MA. ,
who was requesting a special permit under Section 8.5 (Planned
Residential Development) of the North Andover Zoning Bylaw. The
legal notice was duly advertised in the North Andover Citizen on
April 25, 1994 and May 5, 1994 and all parties of interest were
properly notified. The following Board members were present:
Richard Nardella, Chairman, Richard Rowen Clerk, John Daghlian and
John Simons.
The petitioner was requesting a special permit for the
construction of 8 single family homes under the requirements of a
Planned Residential Development.
Mr. Rowen read the legal notice to open the public hearing.
Mr. Thomas Neve was present representing Mr. Robert Janusz.
He gave the Board the following information:
Phase III of developing Mr. Janusz ' land
reviewed property under conventional zoning which is
partially R-2 and with the majority in R-1
road exit fromCandlestickand extend approximately 900
ft. of roadway
all lots but one serviced by subdivision road, all have
required acreage, CBA, frontage and have passed Board of
Health septic tests
Ms. Colwell to check date of endorsement of Jerad II plan. .
Page 2:
Jerad III
PRD Plan:
minimum of 25,00 sq.ft. allowed, all lots are greater
than 40, 000 sq. ft.
50 ft. buffer zone line shown on plans
wetland line shown on plans
50 ft. no construction zone
25 ft. not cut zone
no variances required
waiver of roadway length is the only subdivision waiver
requested
35% open space required in a PRD
creates greenbelt along Forest Street and keeps open
water wetland available as open space
nearest house to Forest Street will be 3.00 ft. away
roadway is the same length in both conventional and PRD
plan
Mr. Nardella stated that the Board previously reviewed this
under a request for a determination of the zoning. The Board
requested that Mr. Neve go through the calculation of lots under
the conventional subdivision. Three 1 acre lots in Jerad II are
reconfigured. One l acre lot remains in Jerad II on Sugarcane
Lane, two 1 acre lots become part of Jerad Place III.
The conventional plan has two 1 acre lots and six 2 acre lots.
The detention ponds designed to mitigate run-off,
retain/detain water - stormwater mitigation and to "clean" water
before it is released to protect watersheds. The ponds will hold
a 12 hour volume of water.
Mr. Daghlian asked how close will the houses be? The
response:
3,200 sq. ft. footprints shown
Lot 1 & 2 Lot 2 & 3 Lot 3 & 4
80 ft. 100 ft. 60 ft.
Mr. Rowen stated that the extension of Sugarcane Lane used
leaching pits in the island to avoid detention/retention ponds. He
questioned whether this was possible for the Jerad III island.
Mr. Neve stated that 250 ft. of road drains to the cul-de-sac
without any basins, water will run in a swale along lot lines to
wetlands.
Page 3:
Jerad III
Mr. Nardella - catch basins at end of road draining into cul-
de-sac.
Issues of sidewalks was discussed.
Mr. Neve said possible use of sidewalk money to tie water-line
into Forest Street.
Mr. Nardella had questions of site distance on Candlestick.
Mr. Neve stated that there is a 30' pavement radius at entrance to
Candlestick.
Mr. Nardella asked that discussions continue to June 7
meeting, to discussdrainage, sidewalks, roadway width, island
width.
Mr. Peter Besson, Candlestick Road, questioned how many
lots/new houses will be created that access Candlestick.
Mr. Neve replied:
8 as part of Jerad II
2 on Sugarcane Lane existing lots
7 as part of Seven Oaks
17 lots
Mr. Besson asked if economics taken into consideration and
marketability.
Mr. Nardellareplied "no, marketability is not something that
the Board has the power to review. " The developer must show a
buildable subdivision. A PRD creates protected open space and
creates 50 ft. no build buffer zone
Mr. Neve will calculate additional area of open space
protected by 50 ft. buffer zone.
Ms. Ann Perry, Sugarcane Lane, asked if any filling on lots.
Mr. Neve replied, no filling of wetlands but the site will be
graded for the house sites and septic systems.
Mr. George Perna, D.P.W. Director, asked that the limit of
clearing be shown.
Mr. Neve stated that there was a continuous barrier of erosion
control shown on the plan.
Elizabeth Williams, Candlestick, asked what is the distance
between hones in the conventional plan. Mr. Neve replied that
homes are a similar distance apart in both conventional and PRD Plan.
Page 4s
Jerad III
Ms. Williams stated that houses would be large for lots. Mr.
Neve told her footprints are large to give developer flexibility.
Mr. Janusz intends to put same covenants on Phase II and as
Phase III.
Mr. Scott Williams, Candlestick Road, concerned about wetland
line.
Mr. Sam Gagliano, Candlestick Road, stated that the
intersections of Forest and Boxford Streets have become dangerous,
concerned about site distance.
Jerry Peterson, Candlestick Road, also had concerns about
traffic.
Ms. Amy Lyons asked why wasn't Lot 11 included in the
subdivision. Mr. Neve stated that topography of area does not
allow for access across wetland to that lot through the
subdivision.
Carolyn Dudman, Sugarcane Lane, asked if the drainage will
effect wetlands. Mr. Neve stated that ponding areas store the
water to settle out particulates and regulate flow into the
wetlands, detention areas and catch basins cleaned out periodically
by D.P.W.
Ms. Dudman concerned about salt and sand. Mr. Perna stated
that salt and sand was cleaned out in catch basins.
Mr. David Sherman, Candlestick Road, asked if Candlestick Road
drainage be effected. Mr. Neve stated that no drainage from this
road will enter existing roadway.
Mr. Tony Campagne, Boxford Street, asked if any road
construction involved in existing streets. Mr. Neve stated that
none is currently planned however, water main in Forest Street may
be effected.
Mr. Perna stated that from now on with any off site
construction, a developer will have a paid full time person to
monitor construction.
Mr. John Leeman, Pine Ridge Road, asked if the 50 ft. buffer
zone is calculated as part of 35% open space. Mr. Neve stated it
is where it is part of the open space.
Mr. Leeman asked when were the wetlands flagged? Mr. Neve
replied, "last spring. "
Page 5:
Jerad III
Mr. Leeman asked if any oil or grease traps in catch basins?
Mr. Neve replied "yes. "
Ms. Williams asked what is the direct benefit to the Town of
the open space. Mr. Neve replied, to preserve forested area along
Forest Street.
Mr. Rowen read a memo to the Board from Richard Doucette,
Conservation Administrator, regarding PRD's.
John Simons arrived at 9:40 p.m.
Mr. Michael Staff, Sugarcane Lane, asked if there would be
construction on both Seven Oaks and Jerad Place III at the same
time? Mr. Rowen said, probably, Seven Oaks is an approved
subdivision.
Mr. Besson asked how many extra lots could be added to
Candlestick Road.
Ms. Elise Pouliot, Boxford Street, asked where will Jerad IV
go? Mr. Neve replied, off Boxford Street.
Ms. Pouliot expressed concerns about the number of septic
systems in the area. Mr. Neve stated that they conform to Town
guidelines which are more stringent than State regulations.
Mr. Nardella stated that discussions would continue to the
June 7th meeting.
Mr. Simons to review all material and notes from discussions
that took place before his arrival.
On June 7, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, -Richard Rowen, Clerk, and John
Daghlian. John Simons arrived at 8: 15 p.m.
Mr. Thomas Neve stated that D.P.W. has not yet reviewed the
drainage calculations.
Mr. Nardella concerned that when a lot in a 1 acre area is
taken out of that subdivision and put in a 2 acre subdivision that
the 1 acre lots should lose their protection.
The Planning Board requested that Town counsel review issues
of grandfathering the lots under 1 acre.
There was a discussion of a contribution to be made to the
sidewalk fund.
Page 6:
Jerad III
The Board may require cape cod berm.
Mr. Nardella stated that if Ms. Colwell can draft conditions
by the next meeting, she will do so.
Mr. David Sherman, 315 Candlestick Road, stated that
Candlestick Road does not need sidewalks currently but may in the
future. What is the time frame.
Mr. Neve stated that the road will be built with a few homes
by the end of the year. There is a three year build out proposed.
Traffic of construction vehicles, stones will be placed at entrance
to the subdivision to knock off silt and sand from tires.
Mr. Robert Janusz, developer, has reviewed ability to use wood
road off of Forest Street for construction access.
On a motion by Mr. Rowen, seconded by Mr. Simons, the Board
voted to continue the public hearing to June 21, 1994.
On June 21, 1994 the Planning Board held a regular meeting.
Due to the lack of a quorum, a meeting was scheduled for June 28,
1994.
On June 28, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and Alison Lescarbeau, Associate Member.
Mr. Robert Janusz was present and asked that the public
hearing be continued to July 5, 1994 .
On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board
voted to continue the public hearing to July 5, 1994.
On July 5, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and John Daghlian.
Mr. Thomas Neve, of Thomas Neve Associates, told the Board
that he reworked the original conventional subdivision to create
additional 1/2 acre, took some land from the Form A lot, shortened
the road.
The Planning Board discussed access toalllots from legal
frontage. Lot 1 would require a special permit for access.
The Planning Board discussed the issue that lots from 1 acre
grandfathered subdivision are being changed and added to a 2 acre
subdivision.
Page 7:
Jerad III
Ms. Colwell stated that Town Counsel stated that at some point
when lots are changed to such an extent that they no longer
"relate" to the original subdivision that they then lose any zoning
protection held by the original subdivision.
Mr. Mahoney questioned what effect would this have on Jerad
II.
Mr. Neve stated he was not changing anything regarding the
roadway in Jerad II. He's not changing any lot lines of people
currently owning the land. He is creating 1 acre lots under the
PRD which is the lot size of the existing Jerad II.
Mr. Nardella had questions about who would own the open space.
Discussion that portion of Form A lot could be placed under a
conservation restriction and a connection created with Seven Oaks
open space.
Ms. Colwell and Mr. Doucette to discuss ownership of open
space.
Ms. Colwell to confirm date Jerad II application filed and CBA
requirement.
Jerad II plan endorsed in October of 1986.
Mr. Neve stated that if one lot is lost, the deal will fall
through and Form A lots will be built along Forest Street.
Mr. Simons stated that protecting greenbelt along Forest
Street is laudable. The Planning Board has a creditability problem
with the PRD process, perceived as allowing more lots, need to look
closely at this.
Mr. Mahoney stated that the creditability problem is due to
the lack of education on the part of the public. He endorsed the
concept.
Mr. Daghlian would rather see a PRD than a Form A plan, major
wetland crossings would be involved with Form A's.
Mr. Rowen asked what would happen if the Planning Board
determined that 8 lots are appropriate instead of 9 lots.
Mr. Neve replied that the deal would fall through if he loses
one lot due to financial commitments.
Mr. Rowen stated that he can accept the concept after
reviewing the math of the acres.
Page 8:
Jerad III
Mr. Nardella stated that Counsel advised that when lots are
changed to such a point that they lose association, they lose their
grandfathering, it is discretionary with the Planning Board to
decide this.
Mr. Neve stated that he will need to redo the Form A lot with
a conservation restriction placed on the land.
Mr. Nardella stated that he supports this conventional plan.
Mr. Simons expressed concerns about conventional plan, needs
to think about it.
Mr. Neve stated that the drainage is in the cul-de-sac,
leaching catch basins at end of cul-de-sac with grading between
lots. Mr. Neve requested a sidewalk waiver. Mr. Neve stated that
he will construct $25, 000 worth of off-site improvements with the
watermain.
Mr. Nardella told Mr. Neve that sprinklers will be required.
Mr. Neve asked the Planning Board to consider waiving sidewalk
requirement in lieu of off-site improvements. (550' of watermain
on Forest Street) .
Mr. Nardella stated that sidewalks where not an issue of
discussion.
Ms. Colwell questioned the house designs.
Mr. Neve told her he will be keeping with existing homes.
[KBC add to decision that homes should be in keeping with existing
homes. ]
Mr. Nardella stated that sidewalks are to be constructed or
donate to fund.
lamp post at end of driveways
houses will be sprinklered
curbing will be required
limit roadway pavement to 241 .
Mr. Neve told Mr. Nardella that the road is basically flat,
curb not needed.
Mr. Nardella stated that cape cod berm along both sides of the
road will be required.
Page 9:
Jerad III
Mr. Neve told Mr. Nardella that you need a 26' binder with
berms.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to close the public hearing on both the subdivision and the
special permit for a PRD.
Staff to draft decision for July 19, 1994 meeting.
On July 19, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and Alison Lescarbeau, Associate Member.
Ms. Colwell went through draft decision highlighting important
conditions.
The Planning Board does not feel comfortable issuing decision
tonight, wants to review decision in more detail.
Ms. Colwell reminded the Planning Board that they were given
the decision to review over the weekend.
Mr. Nardella wants cape cod berm throughout the entire
subdivision.
The Planning Board will discuss and render a decision at the
next meeting.
Mr. Nardella stated that an issue of ownership of the land has
arisen. Both Mr. Robert Janusz and Mr. James Grifoni claim
ownership of the property.
Mr. Janusz stated he expect decision from the court on the
property on August 11, 1994..
Ms. Colwell to discuss with Town Counsel implications of
dispute.
On August 2, 1994 the Planning Board held a regular meeting.
The following members were present; Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Daghlian
and Alison Lescarbeau, Associate Member.
The Board reviewed the draft decision.
Condition #8e - 12 inch water main - would like it to be a
town project with Mr. Janusz contribution of X$'sfft.
Page 10:
Jerad III
Condition #15 - granite curbing to be changed to "sloped"
granite curbing.
Condition #16 - See wording
Condition #18 fill in $ amount - Add include endorsement
requirement within 90 days.
Intro. change acreage
14.72
2 .47
verify that Form A acreage is removed
And to reword - The Planning Board notes that granting this
PRD Conditions
lc - KBC to review
ld - $10, 000 site opening
On a motion by Mr. Rowen, seconded by Mr. Daghlian, the Board
voted to approve the decision as amended on the definitive
subdivision for Jerad Place Phase III.
[NOTE: Alison Lescarbeau is a voting member on Special Permits]
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board
voted to approve the Special Permit for a PRD on Jerad Place Phase
III as amended.
Attached are those conditions.
Sincerely,
Planning Board
R.4�d. a. 71d.4&.
Richard A. Nardella, Chairman
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Jared Place - Phase III
Special Permit Conditional Approval
Planned Residential Development
The Planning Board herein approves a nine (9) lot Definitive
Subdivision containing eight (8) new house lots and one lot of
dedicated open space known as Jared Place - Phase III. The
application was
submitted by Robert Janusz, 40 Sunset Rock Road, ANdover, MA
01810, dated April 21, 1994. The area affected contains
approximately 14.73 acres in a Residential - 1 Zone off of
Candlestick Road. Of the 14.72 acres, 2.07 acres are protected
as 1 acre lots under a zoning freeze.
The Planning Board makes the following findings as required by
the Zoning Bylaw Sections 10.3, and 10.31:
A. The specific site is an appropriate location for a Planned
Residential Development as it is an extension of an existing
one acre subdivision.
B. The use as developed will not adversely affect the
neighborhood as this site is located in a Residential-1 Zone
and is an extension of an existing neighborhood.
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 PRD 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;
B. Encourage the preservation of open space. The applicant has
provided 35% of the property (5.21 acres) as Open Space;
C. Permit greater flexibility and more attractive and efficient
2
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 8 house lots
is appropriate for the PRD. This number of lots has been
determined from a Preliminary Conventional Subdivision Plan
provided to the Planning Board which satisfies the Town's
requirements for submission of such a plan. This Preliminary Plan
is described as follows:
Conventional Subdivision
Scale: 1" = 50'
Revised 20 Jun 94
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. 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. A limit of work line incorporating the fifty foot
buffer zone and the wetland limit of work zones must be
shown on the plans.
b. The homes on Lots 2 and 12 must be at least ten feet
away from the 50 foot buffer zone.
c. An easement allowing the existing driveway from Forest
Street to cross the property must be submitted to the
Planning Office. The easement document must place
restrictions limiting any further expansion of the
driveway as it is located in the 50 foot buffer zone
area.
d. The applicant shall post (per agreement with the North
Andover Planning Board) a Performance Guarantee (Site
Opening Bond) in the amount of $10,000 (ten thousand
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. 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 (c) of the Definitive
Subdivision Conditional Approval. This Performance
Guarantee may at the discretion of the Planning Board
be rolled over to cover other bonding considerations,
2
r
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.
e. The designated open space parcel shall be donated to
the Town through the Conservation Commission. A
perpetual restriction of the type described in M.G.L.
Chapter 184, Section 31 running to or enforceable by
the town shall be recorded with respect to such land.
Such restriction shall provide that the Usable Open
Space shall be retained in perpetuity for one or more
of the following uses; conservation, agriculture, or
recreation. Documents to this effect must be reviewed
by the Planning Staff prior to endorsement and the
property must be conveyed prior to acceptance of the
road by the Town.
f. 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.
2. Prior to Construction, 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.
3 . Prior to releasing individual lots from the statutory
covenants the applicant must comply with all conditions
found in the Jared Place III Definitive Subdivision Approval
incorporated as a part of this decision.
4. The applicant must comply with the Phased Development Bylaw,
Section 4 (2) of the Town of North Andover zoning Bylaw.
5. Prior to FORM U verification for an individual lot, house
designs must be submitted to the Planning Staff for review.
The House designs must be similar in design to the existing
homes in the neighborhood.
6. Prior to a Certificate of occupancy being requested for an
individual lot, the conditions outlined in the Jared Place-
Phase III Definitive Subdivision Conditional Approval must
be followed.
7. Prior to the final release of security, the conditions
outlined in the Jared Place - Phase III Definitive
Subdivision Conditional Approval must be followed.
3
8. 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.
9. Pedestrian access will be provided to the open space area as
delineated by the Town Staff.
10. 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.
11. This special permit approval shall be deemed to have lapsed
after August 16, 1994 (two years from the date permit
granted) unless substantial construction of roadway and
utilities has commenced. Substantial construction shall be
solely determined by a majority vote of the North Andover
Planning Board.
12 . 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.
13 . 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. Plans entitled: Planned Residential Development
Jared Place - Phase III
Designed for: Robert J. Janusz
40 Sunset Rock Road
Andover, MA 01810
Designed by: Thomas E. Neve Associates, Inc.
447 Old Boston Road
US Route 1
Topsfield, MA 01983
Dated: 4/22/94, rev. 8/1/94
Sheets: l through 5
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
4
6
w . ,
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
JaredIII.PRD
5