HomeMy WebLinkAboutSRW INCORPORATED MUM flifl
TOWN OF NORTH ANDOVER
MASSACHUSETTS
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Any appeal shall be filed
«i
(20) days after the
within
date of filing of this Notice �cMustt
in the Office of the Town
NOTICE OF DECISION
Clerk.
Date. , April •26: 1994 ` .
'deb: '16;
Date of Hearing Apr.• . . . . .. . . . .prl 1994
Petition of , , .SR INCORPORATED
. . . . . . . . . .. . . . .
Premises affected , .Easterlyside of Forest Street
. . . . . . . . . . . . . .
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. 6.single family dwellings• .
. . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . .
CONDITIONf1LLYlic hearing given on the above date, the Planning Board voted
t0 ,APPROVE.
. . . . , ,the , • • • • • .SPECIAL PERMITFORAPLANNEDRESIDENTIALDEVELOPMENT.
based upon the following conditions:
cc: Director of Public Works
Building Inspector Signed 1&4kMz1
Conservation Administrator Richard A. Nardella Chairman
Health Sanitarian • •• •
Assessors Joseph Mahoney, Clerk
Police Chief . . . . . . . . . . . . . . . . . . •
Fire Chief Richard Rowen
Applicant . . . . . . .. .. . . . . . . . . . . . . . . . . . . .. . .
Engineer John Daghlian
File . . . . . . . . . . . . . . . .
Interested Parties
Planning • Board` . . . . . .
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KAREN H.P.NELSON 0
r' °9
Director Town of 120 Main Street, 01845
'
NORTH ANDOVER (508) 682-6483
BUILDING �; R
CONSERVATION ss4C.0 <
DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
April 25, 1994
Mr. Daniel Long,
Town Clerk
Town Building
120 Main Street
North Andover, MA 01845 Re: Special Permit PRD -
Seven Oaks
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
March 1, 1994, in the Senior Center behind the Town Building, upon
the application of SRW Incorporated, 1 Sundial Avenue, Manchester,
N.H. , requesting a Special Permit under Section 8.5 of the North
Andover Zoning Bylaw- Planned Residential Development. The legal
notice was duly advertised in the North Andover Citizen on February
9 and February 16, 1994 and all parties of interest were properly
notified. The following Board members were present: Richard
Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen and John
Daghlian. John Simons was absent.
The petitioner was requesting a Special Permit for the
construction of 6 new single family dwellings on a plan that shows
8 lots.
Mr. Mahoney read the legal notice to open the public hearing.
Ms. Colwell gave the Board an overview of the plans, and read
a letter from D.P.W. outlining D.P.W. comments.
Mr. Philip Christiansen, Christiansen & Sergi, presented
conventional plan with 6 two acre lots and presented PRD Plan with
6 new lots which would extend Sugarcane Lane, limits amount of
pavement and tree cutting.
double catch basins discharge into leaching basins in the
island in the cul-de-sac
sidewalks proposed because Sugarcane Lane will have
sidewalks (Ms. Colwell to confirm)
50ft buffer zone in open space - 18 acres of open space
created
I ,
Page 2:
Mr. Rowen:
If 8 new lots created, with 7 new houses, what happens
with Lot 2 - Can a house be built?
Mr. Christiansen:
no because designated as open space
fifteen 500 gallon leaching tanks will be provided
Mr. Nardella asked what is D.P.W. Is opinion of leaching tanks?
Mr. Christiansen reply to Mr. Nardella was that EPA recommends
use of leaching tanks because all oil, grease, sand, salt and acid
rain are filtered prior to entering the environment. Water flows
out of the bottom of leach pit, designed for a 100 year storm.
Mr. Nardella asked what is D.P.W. 's opinion?
Mr. George Perna, D.P.W. told the Board that pert tests will
have to be done to show that basin will work.
Mr. Nardella stated that the Planning Board had walked the
site in the fall.
Mr. Mahoney asked who is responsible for cleaning out leach
pits? Mr. Christiansen answered, D.P.W.
Mr. Daghlian questioned the ground water table. Mr.
Christiansen answered, 8 ' to 91 .
Mr. Rowen - Therefore leach pit will be above ground water
table.
Mr. Nardella asked why PRD?
Mr. Christiansen:
o shorter roadway, limit disturbance of land
provides open space for the Town
all the conventional lots perc and conform to zoning
Mr. Rowen - What is the spacing between the homes? Does it
have the same "look and feel" of existing Sugarcane Lane? Mr.
Christiansen - Yes, it will look like Sugarcane Lane.
Mr. James Grifoni, developer, told the Board that 3,500
minimum sq. ft. homes will be built.
Page 3:
Mr. Nardella - How would drainage be mitigated with
conventional plan?
Mr. Perna - D.P.W. will be more diligent about run-off from
individual homes and water rushing down driveways.
Mr. Thomas Lyons, abutter to the project:
concerned about covenants on the property
was not notified about public hearing
concerned that house size be consistent with what is on
Sugarcane Lane
Mr. Nardella:
We will ask the developer to provide house plans to the Board
for review.
Mr. Nicholas DiNatale, 45 Sugarcane Lane
bought house thinking that land adjacent to 2 acre zoning
concern that houses will be too large for the lots
too many house lots in a concentrated area
Mr. Nardella - look at conventional plan - would houses be
sited any differently?
Mr. Christiansen - Yes because roadway is shorter but houses
on lots 1 and 3 would be in the same location.
Discussion that in a R-1 Zone lots can be 1/2 acre in size
(21, 780 sq. ft. )
Planning Board should change this at Town Meeting. R-1, 2
acre should have 1 acre PRD lots.
Mark Dudman asked why no 50' buffer zone along Lot 8?
Mr. Christiansen told Mr. Dudmah that the 50' buffer zone
should be added on the plan around the entire property.
Ann Perry, 31 Sugarcane Lane wants to see covenants on the
subdivision to make sure that it looks the same as Sugarcane Lane.
Mr. Nardella asked Mr. Grifoni if he was willing to put
covenants on homes?
Mr. Grifoni told Mr. Nardella that he would commit to size of
house, design and materials to be used.
Page 4:
Mr. Nardella:
Construct the home to fit the topography
Mr. Grifoni:
everyone has their own privacy because of 50ft. buffer
all houses oriented to look into the woods, not into
other houses
can move house on Lot 7 away from Lot 8
Mr. Dudman:
concern that trailers will be parked in existing cul-de-
sac
Planning Board decision can limit amount of
trailers/construction equipment in the cul-de-sac.
Mr. Daghlian:
26 ' needs to be shown on street detail
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to continue the public hearing to March 15, 1994.
On March 15, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
John Simons, Vice Chairman, Joseph Mahoney, Clerk, and John
Daghlian. Richard Rowen was absent.
Mr. Phil Christiansen was present.
The Board requested responses to D.P.W. concerns in letter
dated March 1, 1994. Mr. Christiansen responded to D.P.W.
concerns.
sidewalks needed
remove existing cul-de-sac pavement
Mr. Daghlian would recommend use of leach pits in the
subdivision.
Mr. Nardella ask that D.P.W. follow up on response to Mr.
Christiansen' s letter, staff to facilitate.
Staff to revisit issue with D.P.W. Planning Board does not
see need to create 35 ' pavement. Cannot fit sidewalks in under
pavement widths D.P.W. requires.
Mr. Nardella suggested ending sidewalk at edge of cul-de-sac.
Page 5:
Amy Lyons, Sugarcane Lane, asked when will cul-de-sac be
removed? Ms. Colwell told her at the end of the construction.
Covenants will be reviewed at next meeting.
On a motion by Mr. Simons, seconded by Mr. Daghlian, the Board
voted to continue the public hearing to the April 5, 1994 meeting.
On April 5, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
John Simons, Vice Chairman, Joseph Mahoney, Clerk, and Richard
Rowen. John Daghlian was absent.
Mr. Phil Christiansen, Christiansen & Sergi, told the Board
that the infiltration system for groundwater has been reviewed and
approved by D.P.W. The cul-de-sac island will be 40 ' with 35' of
pavement.
On the issue of sidewalks, it was recommended that the same
language be used as that which appears in the Jerad II decision.
Ms. Colwell read from the Jerad II decision and it was unclear
whether sidewalks are required, they are not shown on the plan.
D.P.W. would not recommend sidewalks on this site.
Mr. Rowen stated that if sidewalks are not required on the
existing Sugarcane Lane, they should not be required on this
subdivision.
Mr. Nicholas DNatele, 45 Sugarcane Lane, told the Board that
the road has eroded away along the edge of the lawns. He wants
sidewalks and curbing to protect the lawns.
Mark and Carolyn Dudman, 72 Sugarcane Lane, told the Board
that if there are no sidewalks on Candlestick Road, then no
sidewalks should be built on Sugarcane Lane.
Mr. Hmurciak, D.P.W. stated that at the time when Jerad II was
approved, D.P.W. and the Planning Board did not put sidewalks in
the subdivision, no bond money was set up for sidewalks and they
were not on the plans. The developer is not expecting to put in
sidewalks.
Ms. Colwell was asked to show exactly what streets were
created through the Jerad II plan.
Mr. Nardella said that if sidewalks are constructed in Jerad
II then sidewalks should be constructed in Seven Oaks.
I
Page 6:
Mr. Christiansen has provided six ('6) house designs. Exterior
treatments have been provided. Covenants on house size will be
recorded by the developer. Lamp post will be installed at the end
of driveways. Houses to be tailored
to the.
topography. All houses
will be constructed according to the plans submitted.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to close the public hearing. Mr. Nardella also voted.
The Board will meet on April 12, 1994 and will discuss this
decision at that time.
On April 12 , 1994, the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John
Simons was absent.
The Board reviewed the Jerad II plan and discussed sidewalks.
Mr. Rowen and Mr. Mahoney stated that there was no need for
sidewalks on Seven Oaks.
Mr. Nardella stated that the wording of the decision for Jerad
II can be read to require sidewalks. Mr. Nardella wants sidewalks
in all subdivisions.
Mr. Daghlian stated that there was low traffic flow in the
area, there was no need for sidewalks at this site.
Ms. Colwell stated that D.P.W. recommends that sidewalks not
be constructed and instead a contribution be made to the sidewalk
fund.
Mr. Nardella did not want D.P.W. to decide on where sidewalks
are going to go in Town.
Mr. Rowen wanted added to the decision that the location of
the home on Lot 7 should be pulled away from Lot 8 home.
Ms. Colwell to check with Town Counsel on shortest time period
the Planning Board can impose for endorsement of plans.
Mr. Nardella had questions about regulations on propane tanks
and distances from the lot line. Ms. Colwell to check with the
Fire Department on the standards. Mr. Nardella concerned about
tanks along the side of the road.
The Board asked the developer to mark the 50ft. buffer zone in
the field along Lot 3, 4 and 8 prior to cut.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to approve the subdivision as amended.
Page 7:
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to approve the Special Permit for a PRD as amended.
Attached are those conditions.
Sincerely,
NWth lover Planning Board
RNa la, C air0- (g
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Seven Oaks
Special Permit
Planned Residential Development
Conditional Approval
The Planning Board herein approves the Special Permit for a an 8
lot Planned Residential Development known as "Seven Oaks" . This
approval is for the creation of 8 new lots with 6 new homes.
There is an existing home on Lot 1, Lot 2 is designated as open
space, Lots 3 , 4, 5, 6, ' 7, and 8 are newly created lots . This
Special Permit was requested by SRW Inc. , 1 Sundial Avenue,
Manchester, NH, 03101, on February 4, 1994 .
The Planning Board makes the following findings as required by
the North Andover Zoning Bylaw Sections 8: 5 and 10 . 3 :
A. The specific site is an appropriate location for a Planned
Residential Development as it is approximately 24 acres in
size in an R-1 zone.
B . The use as developed will not adversely affect the
neighborhood as it is an extension of an existing
subdivision.
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
dedicated 18 . 1 acres of the property as Open Space;
C. Permit greater flexibility and more attractive and efficient
design of residential development;
D. Meet the Town' s housing needs by promoting a diversity of
1
housing types .
The Planning Board also finds that a base density of 7 lots with
six new homes is appropriate for the PRD. There is an existing
home on Lot 1 . 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 :
Plans entitled: Conceptual Plan of "Seven Oaks" Land in
North Andover, MA
Prepared for: SRW Incorporated
Prepared by: Christiansen & Sergi
160 Summer Street
Haverhill, MA 01830
Dated: 10/18/93
Scale : 1" = 40 '
Finally, the Planning Board finds that the Definitive Subdivision
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. The applicant shall post (per agreement with the North
Andover Planning Board) a Performance Guarantee in the
amount of eight thousand ($8,000) dollars to be held by
the Town of North Andover in an interest bearing escrow
account . The Guarantee shall be in the form of a check
made payable to the Town of North Andover escrow
account . This amount shall cover any contingencies
that might affect the public welfare such as site-
opening, clearing, erosion control and performance of
any other condition contained herein, prior to the
posting of the Performance Security as described in
Condition 3 (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, be released in
full, or partially retained in accordance with the
recommendation of the Planning Staff and as directed by
the vote of the North Andover Planning Board.
b. Applicant shall provide Planning Staff with a sample
deed for review and approval of language contained
therein reflecting the 50 foot no-cut requirement shown
on the PRD plans, it being the intent that each deed to
individual lots must contain such language approved by
the Planning Staff .
2
designated open space parcel, must be donated to the Town of
North Andover through the Conservation Commission.
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 . This special permit approval shall be deemed to have lapsed
after April 26, 1996 (two years from the date of filing this
decision with the Town Clerk' s Office) unless substantial
construction of the roadway and utilities has commenced.
Substantial construction will be determined by a majority
vote of the Planning Board.
10 . The provisions of this Special Permit shall apply to andbe
binding upon the applicant, its employees, contractors and
subcontractors and all successors in interest or control .
11 . 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 plans :
a. Plans entitled: Definitive P.R.D. Subdivision Plan
Seven Oaks
located in North Andover, MA
Prepared For: : SRW Incorporated
1 Sundial Ave
Manchester, NH 03101
Prepared By: Christiansen & Sergi,
160 Summer Street, Haverhill, MA
Dated: 1/24/94
Sheets : 1 through 8
Scale : as noted on plans
CC . Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
SevenOaks . PRD
4
C . The fifty foot buffer zone must be added to the plan
along the property line of Lot 8 .
2 . The plans must be endorsed within sixty (60) days of the
filing of the decision with the Town Clerk. If the plans
are not endorsed within this time period this approval will
automatically be rescinded.
3 . Prior to construction or clearing of lots:
a. Tree cutting shall be kept to a minimum throughout the
project to minimize erosion and preserve the natural
features of the site. The Town Planner and/or Tree
Warden must be contacted prior to any cutting on site .
Efforts to protect all trees on site must be made.
Yellow hazard tape must placed in the field the fifty
foot buffer zone along lots 3 , 4 and 8.
b. Construction trailers and equipment must not be stored
on the existing cul de sac .
4 . Prior to any lots being released from the statutory
covenants, the conditions outlined in the Seven Oaks
Definitive Subdivision Conditional Approval must be
followed.
5 . Prior to FORM U verification (Building Permit Issuance) for
an individual lot :
a. The house designs must conform to the designs presented
to the Planning Board. These designs are described as
follows :
i . 34 x 46 Colonial, 3 , 556 sqft, Plan No. SP1018
ii . 28 x 42 Colonial, 3 , 738 sqft, Plan No. SP1008
iii . 28 x 42 Colonial, 3 , 597 sqft, Plan No. SP1027
iv. 30 x 42 Colonial, 3 , 634 sqft, Plan No. SP1033
V. 28 x 42 Colonial, 3, 506 sqft, Plan No. SP1002
vi . 28 x 40 Colonial, 3 , 561 sqft, Plan No. SP1002
b. Copies of all recorded covenants for the subdivision
must be submitted.
6 . Prior to a Certificate of Occupancy being issued for an
individual lot, the conditions outlined in the Seven Oaks
Definitive Subdivision Conditional Approval must be
followed.
7 . Prior to the final release of security, Lot 2, the
3
i
Notice to APPI.I UA OWN CLERK and Certification o tion of Planning Board
' on Definitive Sub4sion Pian entitled:
"Seven Oaks
By: Christiansen & Sergi, Inc. dated Jan. 24, 1 19 94
The North Andover Plannig Board has voted to APPROVE said plan, subject tothe '-
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. 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.
40. 'Other .conditions:
SEE ATTACHED
—°}
In the event that no appeal shall have been taken from said;approval w!�6in
twenty days from this .date, the North Andover Planning Board will fort th
thereafter endorse itsformal approval upon said plan
s�ee�e+
NORTH PC�N �� �l=
Date: April 12, 1994 By: Richard A. Nardella, Chairman
0 FORM C
a
APPLICATION FOR APPROVAL OF DEFIVr ;'LAP7
TOw
ORTtt ��kG� 27
SFr' :994.
Hr� �
To the Planning Board of the Town of Nortldoeft
The undersigned, being the applicant as defined under Chapter 41# Section
81-L, PP for approval of a proposed subdivision shown on a plan entitled
"2even Oaks"
by Christiansen & Sergi , Inc. _ dated Jana 24 , 1994
being land bounded-as follows: westerly by Forest St . & Hahesy ; northerly
by Miller , Rae , Janusz ; easterly by Cavallare; southerly by Clarke Constr .
and Hanseller
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
s Certificate of Title No. 11661 Registration Book � <Tage i or
Other:
Said plan has( ) has not(X) evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved ( on e 19 •
r
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 urith the rules and regulations of the
Planning Board, the Public Works Departmer_t, 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 PlanningBoard 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 c7s ,&7tion within two (2)
years from the date hereof.
Received by Town Clerk: C 1z
-Date: Si tore of Appli.c
Time:
1561 r1G�l�ifQ/I? lyf)�,r_ f �3�o�
Signature: Address
F
Seven Oaks
Definitive Subdivision
Conditional Approval
The Planning Board herein approves an 8 lot Definitive
Subdivision known as "Seven Oaks" . Lot 1 has an existing house,
Lot 2 is designated as open space, Lots 3, 4, 5, 6, 7, and 8 are
newly created lots . This Subdivision Approval was requested by
SRW Inc . , 1 Sundial Avenue, Manchester, NH, 03101, on February 4,
1994 .
The Planning Board makes the following findings regarding this
subdivision as required by the Zoning Bylaws in effect at the
time of this approval :
A. The Definitive Plans, dated 1/24/94 include 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 .
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 complied with:
1 . Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following:
a. The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board' s
decision.
b. A detailed construction schedule must be submitted as
part of the plans .
C . 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) .
d. Right of way dedication easements for the proposed
roadway shall be provided to the Planning Office and
must be recorded at the Registry of Deeds .
e . 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 .
f . All drainage and water facility designs shall be
approved by the North Andover Division of Public Works .
Subject to the review and approval of revised design
plans, the Division of Public Works will allow the
installation of an infiltration system to mitigate the
increase in runoff for this subdivision. The
infiltration system will be constructed of large
diameter perforated HDPE pipe and will include a method
of emergency overflow and adequate provisions for
future maintenance.
g. All application fees must be paid in full and verified
by the Town Planner.
h. 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 .
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 . The plans must be endorsed within sixty (60) days of the
filing of the decision with the Town Clerk. If the plans
are not endorsed within this time period this approval will
automatically be rescinded.
3 . Prior to the start of construction or clearing of lots:
The record plans must be endorsed by the Planning Board and
recorded by the applicant at the Essex North Registry of
Deeds . Three (3) copies of the recorded plan must be
submitted to the Planning Office for distribution to the
Division of Public Works and the Building Department .
4. 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 judge Staff shall 'ud e whether the applicant has
satisfied the requirements of this provision prior to
each lot release.
b. The applicant must submit a lot release FORM J to the
Planning Board for signature.
C . A Performance Security in an amount to be determined by
the Planning Board, upon the recommendation of the
Department of Public Works shall beP osted 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
d. All proper documents and easements required through
Condition 1 shall be in place.
5 . Prior to a FORM U verification (Building Permit Issuance)
for an individual lot, the following information is required
by the Planning Department:
a. The applicant must submit a copy of the recorded FORM M
referred to in Condition i (e) above to the Planning
Office.
b. Two (2) copies of all documents containing registry of
deeds stamps must be submitted to the Town Planner as
proof of filing.
C . A plot plan for the lot in question must be submitted,
which shows 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, and
vii . all required zoning setbacks
d. All appropriate erosion control measures for the lot
shall be in place . These measures may include haybales
and/or silt fence along the edge of the lot to prevent
erosion off site during construction . Final
determination of appropriate measures shall be made by
the Planning Board or Staff .
e . All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
f . The lot in question shall be staked in the field to
show the location of any major departures from the
record plan. The Town Planner shall verify this
information . The proposed layout shall be in
conformance with the recorded plans.
g. Lot numbers, visible from the roadways must be posted
on all lots .
6 . Prior to a Certificate of Occupancy being issued 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 properly
stabilized, as judged by the Planning Staff .
e . 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.
f . The Planning Board reserves the right to review the
site after construction is complete and require added
site screening as necessary and reasonable .
g. The site must be raked, loamed and seeded or sodded.
7 . Prior to the final release of security retained for the site
by the Town, the following shall be completed by the
applicant :
a. An as-built plan and profile of the site shall be
submitted for review and approval .
b. The applicant shall petition Town Meeting for public
acceptance of the streets . Prior to submitting a
warrant 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 .
C . The Town Planner shall ensure that all planning,
conservation commission, board of health and department
of public works requirements are satisfied and that
construction was in strict compliance with all approved
plans and conditions.
d. Monuments shall be set on the exterior street line as
required by Section 7 (P) of the Subdivision Rules and
Regulations .
e . Two to two and one half inch caliper (2-2 . 511 ) street
trees are to be placed every fifty (501 ) feet along
both sides of all new roadways.
f . The existing cul-de-sac must be removed and the area
loamed raked and seeded. A standard roadway cross-
section must be established.
8 . 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 will
review any entrance structures .
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 contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
12 . Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies.
13 . 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.
14 . The subdivision must comply with the current Subdivision
Rules and Regulations unless items have been specifically
waived by the Planning Board. The following waivers have
been granted by the Planning Board:
a . Section 7 (D) : Sidewalks will be required if the
Planning Board determines that sidewalks will be
constructed on the existing section of Sugarcane Lane,
part of the Jared Place II subdivision. If sidewalks
are not required to be constructed, the developer is
encouraged to donate to the sidewalk fund an amount
equal to the cost of constructing sidewalks along one
side of the roadway.
b. Section 7 (A) (2) (d) Cul-de-sac Turnarounds with Islands :
The street right-of-way is approved at one-hundred
(100) feet in diameter with an island forty (40) feet
across at the center of the turnaround. The pavement
around the island shall be thirty-five (35) feet wide.
15. Construction of the ways and installation of the utilities
as shown on the plan must be completed within two (2) years
of the date of filing this decision with the Town Clerk or
the definitive plan approval is automatically rescinded.
16 . 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: Definitive P.R.D. Subdivision Plan
Seven Oaks
located in North Andover, MA
Prepared for: SRW Incorporated
1 Sundial Ave
Manchester, NH 03101
Prepared by: Christiansen & Sergi
160 Summer Street, Haverhill, MA
Dated: 1/24/94
Sheets : 1 through 8
Scale : as noted on plans
b. Supplemental Information for the Definitive PRD
Subdivision Plan "Seven Oaks" located in North Andover,
MA;
Record owner and applicant : SRW Incorporated
Sundial Ave
Manchester, NH 03101
Date : 1/24/94
Prepared by: Christiansen & Sergi
160 Summer Street
Haverhill, MA 01830
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Sevenoaks . Sub
MUM fflfl
TOWN OF NORTH ANDOVER =
MASSACHUSETTS
Moarw L'� S� F, ` `1
O A
Any appeal shall he filed
within (20) days after the
,SSACMUSES
date of filing of this Notice
in the Office of the Town
Clerk. NOTICE OF DECISION
Date. • ,April 26, 1994
•Feb: •ln; •D•1ar: 'j5,
Date of Hearing Apr. •5,• April •12, 1994
Petition of . . .SRW.INCORPORATED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
of Forest Street
Premises affected , .Easterly•side• . . . . . . . . . . . . . . . . . . . . . . . . . • . . .
Referring to the above petition for a special permit from the requirements
North AndoverZoningBylaw . Section8.5•. PlannedResidentialDevelopment
of the . , • • • • • • • •
so as to permit • the• construction of. 6. single• family.dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:after a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to ,APPROVE the , • SPECIAL PERMIT• FOR. A. PLANNED. RESIDENTIAL DEVELOPMENT. • .
based upon the following conditions
ZD
cc: Director of Public Works
Building Inspector Signed
Conservation Administrator d A. Nardel a Chairman
Richard 1 ,
Health Sanitarian • • • • • • • • • . . . . . . . . . . . . • • • • • •
Assessors Joseph Mahoney, Clerk
Police Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire Chief Richard Rowen
Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Engineer John Daghlian
File . . . . .
interested Parties
• • - • • • • •planning• . Board• • • • . . .
ORTN
KAREN H.P. NELSON 0
Drrcctor
Town of 120 Main Street, 01846
BUILDING NORTH ANDOVER (608) 682-6483
CONSERVATION 5:,�� 9E`
DIVISION OF
?4EALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
April 25, 1994
Mr. Daniel Long,
Town Clerk
Town Building
120 Main Street
North Andover, MA 01845 Re: Special Permit PRD -
Seven Oaks
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
March 1, 1994 , in the Senior Center behind the Town Building, upon
the application of SRW Incorporated, 1 Sundial Avenue, Manchester,
N.H. , requesting a Special Permit under Section 8. 5 of the North
Andover Zoning Bylaw —Planned Residential Development. The legal
notice was duly advertised in the North Andover Citizen on February
9 and February 16, 1994 and all parties of interest were properly
notified. The following Board members were present: Richard
Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen and John
Daghlian. John Simons was absent.
The petitioner was requesting a Special Permit for the
construction of 6 new single family dwellings on a plan that shows
8 lots.
Mr. Mahoney read the legal notice to open the public hearing.
Ms. Colwell gave the Board an overview of the plans, and read
a letter from D.P.W. outlining D.P.W. comments.
Mr. Philip Christiansen, Christiansen & Sergi, presented
conventional plan with 6 two acre lots and presented PRD Plan with
6 new lots which would extend Sugarcane Lane, limits amount of
pavement and tree cutting.
double catch basins discharge into leaching basins in the
island in the cul-de-sac
sidewalks proposed because Sugarcane Lane will have
sidewalks (Ms. Colwell to confirm)
50ft buffer zone in open space - 18 acres of open space
created
Page 2 :
Mr. Rowen:
If 8 new lots created, with 7 new houses, what happens
with Lot 2 - Can a house be built?
Mr. Christiansen:
no because designated as open space
fifteen 500 gallon leaching tanks will be provided
Mr. Nardella asked what is D.P.W. Is opinion of leaching tanks?
Mr. Christiansen reply to Mr. Nardella was that EPA recommends
use of leaching tanks because all oil, grease, sand, salt and acid
rain are filtered prior to entering the environment. Water flows
out of the bottom of leach pit, designed for a 100 year storm.
Mr. Nardella asked what is D.P.W. ' s opinion?
Mr. George Perna, D.P.W. told the Board that perc tests will
have to be done to show that basin will work.
Mr. Nardella stated that the Planning Board had walked the
site in the fall .
Mr. Mahoney asked who is responsible for cleaning out leach
pits? Mr. Christiansen answered, D.P.W.
Mr. Daghlian questioned the ground water table. Mr.
Christiansen answered, 8 ' to 91 .
Mr. Rowen - Therefore leach pit will be above ground water
table.
Mr. Nardella asked why PRD?
Mr. Christiansen:
shorter roadway, limit disturbance of land
provides open space for the Town
all the conventional lots perc and conform to zoning
Mr. Rowen - What is the spacing between the homes? Does it
have the same "look and feel" of existing Sugarcane Lane? Mr.
Christiansen - Yes, it will look like Sugarcane Lane.
Mr. James Grifoni, developer, told the Board that 3, 500
minimum sq. ft. homes will be built.
Page 3 :
Mr. Nardella How would drainage be mitigated with
conventional plan?
Mr. Perna - D.P.W. will be more diligent about run-off from
individual homes and water rushing down driveways.
Mr. Thomas Lyons, abutter to the project:
concerned about covenants on the property
was not notified about public hearing
concerned that house size be consistent with what is on
Sugarcane Lane
Mr. Nardella:
We will ask the developer to provide house plans to the Board
for review.
Mr. Nicholas DiNatale, 45 Sugarcane Lane
bought house thinking that land adjacent to 2 acre zoning
concern that houses will be too large for the lots
too many house lots in a concentrated area
Mr. Nardella - look at conventional plan - would houses be
sited any differently?
Mr. Christiansen - Yes because roadway is shorter but houses
on lots 1 and 3 would be in the same location.
Discussion that in a R-1 Zone lots can be 1/2 acre in size
(21, 780 sq. ft. )
Planning Board should change this at Town Meeting. R-1, 2
acre should have 1 acre PRD lots.
Mark Dudman asked why no 50 ' buffer zone along Lot 8?
Mr. Christiansen told Mr. Dudman that the 50 ' buffer zone
should be added on the plan around the entire property.
Ann Perry, 31 Sugarcane Lane wants to see covenants on the
subdivision to make sure that it looks the same as Sugarcane Lane.
Mr. Nardella asked Mr. Grifoni if he was willing to put
covenants on homes?
Mr. Grifoni told Mr. Nardella that he would commit to size of
house, design and materials to be used.
Page 4:
Mr. Nardella:
Construct the home to fit the topography
Mr. Grifoni:
everyone has their own privacy because of 50ft. buffer
all houses oriented to look into the woods, not into
other houses
can move house on Lot 7 away from Lot 8
Mr. Dudman:
concern that trailers will be parked in existing cul-de-
sac
Planning Board decision can limit amount of
trailers/construction equipment in the cul-de-sac.
Mr. Daghlian:
26 ' needs to be shown on street detail
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to continue the public hearing to March 15, 1994 .
On March 15, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
John Simons, Vice Chairman, Joseph Mahoney, Clerk, and John
Daghlian. Richard Rowen was absent.
Mr. Phil Christiansen was present.
The Board requested responses to D.P.W. concerns in letter
dated March 1, 1994 . Mr. Christiansen responded to D.P.W.
concerns.
sidewalks needed
remove existing cul-de-sac pavement
Mr. Daghlian would recommend use of leach pits in the
subdivision.
Mr. Nardella ask that D.P.W. follow up on response to Mr.
Christiansen ' s letter, staff to facilitate.
Staff to revisit issue with D.P.W. Planning Board does not
see need to create 35 ' pavement. Cannot fit sidewalks in under
pavement widths D. P.W. requires.
Mr. Nardella suggested ending sidewalk at edge of cul-de-sac.
Page 5:
Amy Lyons, Sugarcane Lane, asked when will cul-de-sac be
removed? Ms. Colwell told her at the end of the construction.
Covenants will be reviewed at next meeting.
On a motion by Mr. Simons, seconded by Mr. Daghlian, the Board
voted to continue the public hearing to the April 5, 1994 meeting.
On April 5, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
John Simons, Vice Chairman, Joseph Mahoney, Clerk, and Richard
Rowen. John Daghlian was absent.
Mr. Phil Christiansen, Christiansen & Sergi, told the Board
that the infiltration system for groundwater has been reviewed and
approved by D.P.W. The cul-de-sac island will be 40 ' with 35 ' of
pavement.
On the issue of sidewalks, it was recommended that the same
language be used as that which appears in the Jerad II decision.
Ms. Colwell read from the Jerad II decision and it was unclear
whether sidewalks are required, they are not shown on the plan.
D. P.W. would not recommend sidewalks on this site.
Mr. Rowen stated that if sidewalks are not required on the
existing Sugarcane Lane, they should not be required on this
subdivision.
Mr. Nicholas DiNatele, 45 Sugarcane Lane, told the Board that
the road has eroded away along the edge of the lawns. He wants
sidewalks and curbing to protect the lawns.
Mark and Carolyn Dudman, 72 Sugarcane Lane, told the Board
that if there are no sidewalks on Candlestick Road, then no
sidewalks should be built on Sugarcane Lane.
Mr. Hmurciak, D.P.W. stated that at the time when Jerad II was
approved, D.P.W. and the Planning Board did not put sidewalks in
the subdivision, no bond money was set up for sidewalks and they
were not on the plans. The developer is not expecting to put in
sidewalks.
Ms. Colwell was asked to show exactly what streets were
created through the Jerad II plan.
Mr. Nardella said that if sidewalks are constructed in Jerad
II then sidewalks should be constructed in Seven Oaks.
Page 6:
Mr. Christiansen has provided six (6) house designs. Exterior
treatments have been provided. Covenants on house size will be
recorded by the developer. Lamp post will be installed at the end
of driveways. Houses to be tailored to the topography. All houses
will be constructed according to the plans submitted.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to close the public hearing. Mr. Nardella also voted.
The Board will meet on April 12 , 1994 and will discuss this
decision at that time.
On April 12 , 1994 , the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John
Simons was absent.
The Board reviewed the Jerad II plan and discussed sidewalks.
Mr. Rowen and Mr. Mahoney stated that there was no need for
sidewalks on Seven Oaks.
Mr. Nardella stated that the wording of the decision for Jerad
II can be read to require sidewalks. Mr. Nardella wants sidewalks
in all subdivisions.
Mr. Daghlian stated that there was low traffic flow in the
area, there was no need for sidewalks at this site.
Ms. Colwell stated that D.P.W. recommends that sidewalks not
be constructed and instead a contribution be made to the sidewalk
fund.
Mr. Nardella did not want D.P.W. to decide on where sidewalks
are going to go in Town.
Mr. Rowen wanted added to the decision that the location of
the home on Lot 7 should be pulled away from Lot 8 home.
Ms. Colwell to check with Town Counsel on shortest time period
the Planning Board can impose for endorsement of plans.
Mr. Nardella had questions about regulations on propane tanks
and distances from the lot line. Ms. Colwell to check with the
Fire Department on the standards. Mr. Nardella concerned about
tanks along the side of the road.
The Board asked the developer to mark the 50ft. buffer zone in
the field along Lot 3 , 4 and 8 prior to cut.
on a motion b Mr. Mahone seconded b Mr. Rowen the Board
Y Y. Y
voted to approve the subdivision as amended.
Page 7:
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to approve the Special Permit for a PRD as amended.
Attached are those conditions.
Sincerely,
No thdover Planning Board
de?,RichardNarde la C airman
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Seven Oaks
Special Permit
Planned Residential Development
Conditional Approval
The Planning Board herein approves the Special Permit for a an 8
lot Planned Residential Development known as "Seven Oaks" . This
approval is for the creation of 8 new lots with 6 new homes .
There is an existing home on Lot 1, Lot 2 is designated as open
space, Lots 3 , 4 , 5 , 6 , 7, and 8 are newly created lots . This
Special Permit was requested by SRW Inc . , 1 Sundial Avenue,
Manchester, NH, 03101, on February 4, 1994 .
The Planning Board makes the following findings as required by
the North Andover Zoning Bylaw Sections 8 . 5 and 10 . 3 :
A. The specific site is an appropriate location for a Planned
Residential Development as it is approximately 24 acres in
size in an R-1 zone.
B . The use as developed will not adversely affect the
neighborhood as it is an extension of an existing
subdivision.
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
dedicated 18 . 1 acres of the property as Open Space;
C . Permit greater flexibility and more attractive and efficient
design of residential development;
D . Meet the Town' s housing needs by promoting a diversity of
1
housing types .
The Planning Board also finds that a base density of 7 lots with
six new homes is appropriate for the PRD. There is an existing
home on Lot 1 . 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 :
Plans entitled: Conceptual Plan of "Seven Oaks" Land in
North Andover, MA
Prepared for: SRW Incorporated
Prepared by: Christiansen & Sergi
160 Summer Street
Haverhill, MA 01830
Dated: 10/18/93
Scale : 1" = 40 '
Finally, the Planning Board finds that the Definitive Subdivision
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 . The applicant shall post (per agreement with the North
Andover Planning Board) a Performance Guarantee in the
amount of eight thousand ($8, 000) dollars to be held by
the Town of North Andover in an interest bearing escrow
account . The Guarantee shall be in the form of a check
made payable to the Town of North Andover escrow
account . This amount shall cover any contingencies
that might affect the public welfare such as site-
opening, clearing, erosion control and performance of
any other condition contained herein, prior to the
posting of the Performance Security as described in
Condition 3 (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, be released in
full , or partially retained in accordancewith the
recommendation of the Planning Staff and as directed by
the vote of the North Andover Planning Board.
b. Applicant shall provide Planning Staff with a sample
deed for review and approval of language contained
therein reflecting the 50 foot no-cut requirement shown
on the PRD plans, it being the intent that each deed to
individual lots must contain such language approved by
the Planning Staff .
2
c . The fifty foot buffer zone must be added to the plan
along the property line of Lot 8 .
2 . The plans must be endorsed within sixty (60) days of the
filing of the decision with the Town Clerk. If the plans
are not endorsed within this time period this approval will
automatically be rescinded.
3 . Prior to construction or clearing of lots:
a . Tree cutting shall be kept to a minimum throughout the
project to minimize erosion and preserve the natural
features of the site . The Town Planner and/or Tree
Warden must be contacted prior to any cutting on site .
Efforts to protect all trees on site must be made.
Yellow hazard tape must placed in the field the fifty
foot buffer zone along lots 3 , 4 and 8 .
b . Construction trailers and equipment must not be stored
on the existing cul de sac .
4 . Prior to any lots being released from the statutory
covenants, the conditions outlined in the Seven Oaks
Definitive Subdivision Conditional Approval must be
followed.
5 . Prior to FORM U verification (Building Permit Issuance) for
an individual lot :
a . The house designs must conform to the designs presented
to the Planning Board. These designs are described as
follows :
i . 34 x 46 Colonial, 3 , 556 sqft, Plan No . SP1018
ii . 28 .x 42 Colonial,, 3 , 738 sqft, Plan No. SP1008
iii . 28 x 42 Colonial, 3 , 597 sqft, Plan No. SP1027
iv. 30 x 42 Colonial, 3 , 634 sqft, Plan No. SP1033
V. 28 x 42 Colonial, 3 , 506 sgft, Plan No. SP1002
V1 . 28 x 40 Colonial , 3 , 561 sqft, Plan No . SP1002
b. Copies of all recorded covenants for the subdivision
must be submitted.
6 . Prior to a Certificate of Occupancy being issued for an
individual lot, the conditions outlined in the Seven Oaks
Definitive Subdivision Conditional Approval must be
followed.
7 . Prior to the final release of security, Lot 2 , the
3
designated open space parcel, must be donated to the Town of
North Andover through .the Conservation Commission.
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 . This special permit approval shall be deemed to have lapsed
after April 26, 1996 (two years from the date of filing this
decision with the Town Clerk' s Office) unless substantial
construction of the roadway and utilities has commenced.
Substantial construction will be determined by a majority
vote of the Planning Board.
10 . 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 .
11 . 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 plans :
a . Plans entitled: Definitive P.R.D. Subdivision Plan
Seven Oaks
located in North Andover, MA
Prepared For: : SRW Incorporated
1 Sundial Ave
Manchester, NH - 03101
Prepared By: Christiansen & Sergi,
160 Summer Street, Haverhill, MA
Dated: 1/24/94
Sheets : . 1 through 8
Scale : as noted on plans
CC . Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
SevenOaks . PRD
4