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HomeMy WebLinkAboutNORTH ANDOVER REALTY CORPORATION Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the North Andover Realty Corporation computer, use Name only the tab key to move 459 East Broadway your cursor- Mailing Address do not use the Haverhill MA 01830 return key. City/Town State Zip Code 2. Property Owner(if different): Same Name renen Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: June 25, 2005 Date for work at: Molly Towne Road (Autumn Chase Subdivision) Map 38 &Map 65 Parcels 41, 24 Street Address Assessor's Map/Plat Number &33 Parcel/Lot Number recorded at the Registry of Deeds for: Essex North 9631 84 County Book Page Certificate(if registered land) is hereby extended until June 25, 2010 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): June 25, 2009 Date Issued by: North Andover 9 Conservation Commission Date wpaformZdoc•rev.1107 Page 1 of 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office (see hftp://www.mass.gov/dep/about/re ion/findvourhtm). Signatures: 1 Notary Acknowledgement Commonwealth of Massachusetts County of Essex North _1" co CIO On this Day of Month Year Before me, the undersigned Notary Public, personally appeared Name of Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission CityfTown DONNA M.WEDGE Signature of Notary Public NOTARY PUBLIC Pia ALTN QF 69ASS.;CHUSETTsjjjyyt , Comm.Expires Aug.7,2009 Printed Name of Notary Public Place notary seal and/or any stamp above LMy Com issio Expires(Date) wpaform7.doc•rev.1/07 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Autumn Chase Subdivision 242-1296 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7.doc•rev.1/07 Page 3 of 4 A NORTif O�t�Lao r� O RECEIVE© !11cj I' rr, „ TO „ �.► .h OFFICE. 'ssnc 2Q45 Nov 16 R4 4. 23 Town of North A"ever Town Plarmer Office of the P1 ening Department Ti, Lincoln Daley Community Development and Services Division V; .Q3 IS�11 O�, , 400 Osgood Street North Andover,Massachusetts 01845 http://www.townofnorthandovercom (978)688-9535 NOTICE OF DECISION Any appeal shall be filed Date: November 15,2005 within twenty(20)days after Hearing Dates: October 4— the date of filing this Notice November 15,2005 in the Office of the Town Clerk. Petition of: North Andover Realty Corporation 459 East Broadway,Haverhill,MA 01830. Premises Affected: Molly Towne Road(also referred to as Autumn Chase) Assessors Map 65,Parcels 24&33 and Map 38,Parcel 41 Off of Summer Street,North Andover. Referring to the above petition for a Modification to the Special Permit for a Planned Residential Development(PRD),known as Molly Towne Road("Autumn Chase'). The application was Diced and reviewin in accordance with procedures for approval described in Sections 8.5, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and M.G.L.c.40,sec. 9. So as to allow: Modification to the Planned Residential Development Special Permit to chaagehevise the architectural style,location,and footprint of the approved single-family homes,associated grading,and landscape work. At the public hearing given on said date above,the Planning Board voted uninamously to APPROVE the Modification to the Planned Residential Development Special Permit for the Molly Towne Road 16 single- family residential subdivision and open space in accordance with the following editions. Signedn Lilxoln J. D� Town ey, PGmer Richard Nardella,Chairman John Simons,Vice Chairman James Phinney, Clerk Alberto Angles Jack Green BOARD OF APPEALS 68&9541 BUU DING 6M9543 CONSERVATION 6W9530 HEALTH 688-9540 PLANNING 688-9535 Molly Towne Road "Autumn Chase" Map 65,Parcels 24&33 Modification-Special Permit/PRD Map 38, Parcel 41 16 Single-Family Dwelling Units November 15, 2005 The Town of North Andover Planning Board hereby grants the Modification to the Special Permit for a 16 single-family lot (with associated Usable Open Space) Planned Residential Development ("PRD") known as Molly Towne Road ("Autumn Chase"). The project is located on Molly Towne Road, off of Summer Street, Assessors Map 65, Parcels 24 & 33 and Map 38, Parcel 41 and is in the Residence 2 (R-2)Zoning District. The purpose of the Modification to the Special Permit is to change/revise the architectural style, location, and footprint of the approved single-family homes, associated grading, and landscape work. The Modification to the Special Permit was requested by North Andover Realty Corporation, 459 East Broadway, Haverhill, MA 01830. This application was filed with the Planning Board on August 31, 2005. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.5, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Planning Board makes the following findings as required by the Bylaw, Sections 10.3 and 10.31. a. The specific site is an appropriate location for a Planned Residential Development, as the property would yield 16 homes with a conventional subdivision design vs. the 16 new homes with the PRD design. The modification to the PRD plan minimizes the amount of disturbance on the existing slopes, vegetation, wetlands and abutting properties by taking advantage of the reduced lot size. Also, this layout preserves in excess of ten (10) acres of the property through a perpetual open space restriction. This modification will not change or alter the lot layout, lot setbacks and dimensions, roadway design, area of open usable space, and general requirements previously approved in April 22, 2005 Definitive Subdivision and Planned Residential Development Planning Board decisions. The purpose of Modification is to change the architectural style, location, and footprint of the approved single-family homes. b. The use as developed will not adversely affect the neighborhood as this site is located in a residential area and there are approximately 10 acres of Usable Open Space associated with the development. The character of the project will reflect the rural aesthetic presently defined by the surrounding Summer Street and Rea Street neighborhoods. c. There will be no nuisance or serious hazard to vehicles or pedestrians. The traffic impact and access study submitted by DJK Associates, and reviewed by the town's consulting engineer, demonstrates that the development of 16 new homes will have a negligible impact on the present traffic volumes associated with Summer Street. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Each home will be connected to municipal sanitary sewer and water connections, minimizing the chance of unwanted pollutants entering the groundwater. 2 Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval In particular, the Planning Board finds that the Modification to approved April 22, 2005 PRD Special Permit will: a. Promote the more efficient use of land in harmony with its natural features by preserving additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this, and facilitates the economical and efficient provision of utilities; b. Protect water bodies and supplies, wetlands, floodplain, hillsides, wildlife and other natural resources due to the preservation of open space, and the project design minimizes and protects such natural resources; c. Encourage the preservation of open space. The applicant has provided approximately 10 acres of the property as Useable Open Space; d. Permit greater flexibility and more attractive and efficient design of residential development. The subdivision design both proposes and allows preservation of the existing rural character along Summer Street, while conforming to the goals and policies of the Master Plan of the Town of North Andover; e. Meet the Town's housing needs. E. The Planning Board also finds that a base density of 16 house lots is appropriate for the PRD as a conventional subdivision design would also yield 16 new single-family homes. Finally, the Planning Board finds that the Planned Residential Development complies with the Bylaw requirements and grants a Special Permit subject to the following conditions: 1. Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project, meet weekly with the Town Planner and file monthly written reports to the Board, detailing areas of non-compliance and with the plan and conditions of approval. 2. Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in consultant with the Planning Department. The construction monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Construction Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues. The designated monitor may not be the applicant and/or developer. I Molly Towne Road ("Autumn Chase") Modification -PRD Special Permit Approval 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a. The final plan must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b. The applicant shall post a Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North Andover pursuant to the North Andover Planning Board April 22, 2005 PRD Special Permit Decision. 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 5(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. 4. Prior to receipt of a Certificate of Completion (Form K) for the project described in the Definitive Subdivision Decision, 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 this 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, subject to certain easements and restrictions to be described therein. Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. 5. The designated Usable Open Space parcels shall be transferred in ownership to one of the following groups: a. A non-profit organization or trust whose members are all the homeowners and occupy the homes; b. Private organization including but not limited to the Trustees of Reservations, or Essex County Greenbelt Association whose primary function is preserving open space; c. The Town of North Andover; d. Any Group as indicated by the Planning Board, which exists or is created for the purpose of preserving open space for the owners of the homes located in the PRD. As referenced in condition #4 above, Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. Final Documents must be fully executed and recorded with the Essex North Registry of Deeds prior to final release of any roadway bond or security. Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval 6. Prior to the start of Construction: a. Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. b. During construction,the site must be kept clean and swept regularly. c. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off- site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. d. The applicant shall provide the Planning Board with copies of permits, plans and decisions received from all other town boards, commissions or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition#21. 7. Prior to releasing individual lots from the statutory covenants, the Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. 8. The applicant must comply with the Phased Development Bylaw, Section 4.2 of the Town of North Andover Zoning Bylaw. 9. The Planning Board approves the Architectural Plans provided by North Andover Realty Corporation. Final elevations and footprints shall be submitted to the Planning Department prior to the release of individual lots from the statutory covenants. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. 10. Prior to FORM U verification(Building Permit Issuance): a. The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. b. The applicant shall adhere to the following requirements of the Fire Department and the Building Department: All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department.Plans and hydraulic calculations for Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval each residential system must also be supplied to the Building Department when applying g for a building permit. c. One certified copy of the recorded decision must be submitted to the Planning Department. 11. After the conveyance of each residential lot, the applicant must provide the Planning Department with a copy of each deed evidencing the following language: "As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated , the Buyer of Lot _ within the Molly Towne Road ("Autumn Chase") subdivision acknowledges that the Open Space Parcels, or easements, shown on the plans, which have been or will be conveyed to an appropriate homeowners association, conservation organization, agricultural trust or the Town of North Andover through its Conservation Commission, as determined by the Planning Board, for conservation, agricultural and/or recreational purposes, shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcels in any particular state or condition, notwithstanding the Town's acceptance of such Open Space parcels". 12. Prior to verification of a Certificate of Occupancy. a. The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b. The Town Planner shall approve all artificial lighting used to illuminate the site. Any changes to the approved lighting plan as may be reasonably required by the Town Planner shall be made at the owner's expense. c. The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the abovereferenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. 13. Any stockpiling of materials (dirt, wood, construction material, etc.)must be shown on a plan and reviewed and approved by the Town Planner. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 14. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 15. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval 16. 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. 17. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner (by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity). .The replacement plants shall match the size and species as indicated in the landscaping plan. I 18. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 19. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 20. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 21. An action b the applicant,Y ant current or Y pp future owner, Town Board, Commission, or Department, which requires changes in the plan or design of the buildings, utilities, landscaping, and lighting as presented to the PlanningBoard may be subject to modification � Y kation b the PlanningBoard. J Y 22. The project will be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings and the approved April 22, 2005 Definitive Subdivision decision and April 22, 2005 Planned Residential Development as amended by this decision. 23. Any revisions to the plan or design of the residential homes utilities g� landscap in and lighting shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 24. The provisions of the Special Permit shall apply to and be for the benefit of and binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 25. This Special Permit approval shall be deemed to have lapsed after November 15, 2007 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 26. The developer shall implement and follow all requirements set forth in this decision and the plans and report referenced below. Failure to comply with all requirements therein and the conditions of this approval, shall be the basis for the Planning Board, voting by majority Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning Board based upon the developers written comments and the conditions contained herein. 27. The following information shall be deemed part of the decision: Plan titled: Autumn Chase A Single Family Subdivision Prepared For: North Andover Realty Corporation 459 East Broadway Haverhill, MA 01830 Prepared By: Merrimack Engineering Services 66 Park Street Andover,Massachusetts 01810 Dated: December 1,2004, Revised October 19,2005 Sheets: I through 17 Scale: I"=40' Report titled: Molly Towne Road Project Report on Drainage and Sedimentation Control Drainage Prepared for: North Andover Realty Corporation 459 East Broadway Haverhill, MA 01830 Prepared By: Hayes Engineering, Inc. Dated: August 27,2004 Report Titled: Traffic Impact& Access Study Prepared for: Chestnut Realty Development, LLC Prepared By: Dermot J. Kelly Associates, Inc. 280 Main Street, Suite 204 North Reading„ MA 01864 i I x IORTM 3: •` ° `' ` tet. +0 s RECEIVED K - :., L!FFit CE n V 2005 NOY 16 P14 4: 23 Town of North Andover Office of the Planning Department ` ' Town Planner t € r Lincoln Daley Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 bft://www.t-ownofiuwdutndover.com (978)688-9135 NOTICE OF DECISION Any appeal shall be filed Date: November 15,2005 within twenty(20)days after Hearing Dates: October 4— the date of filing this Notice November 15,2005 in the Office of the Town Clerk. Petition of: North Andover Realty Corporation 459 East Broadway,Haverhill,MA 01830. Premises Affected: Molly Towne Road(also referred to as Autumn Chase) Assessors Map 65,Parcels 24&33 and Map 38,Parcel 41 Off of Summer Street,North Andover. Referring to the above petition for a Modification to the Special Permit for a Planned Residential Development(PRD),known as Molly Towne Road("Autumn Chase). The application was noticed and rewewm in accordance with procedures for approval described in Sections 8.5, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and M.G.L.c.40,sec. 9. So as to allow: Modification to the Planned Residential Development Special Permit to change/revise the architectural style,location,and footprint of the approved single-family homes,associated grading,and landscape work. At the public baring given on said date above,the Planning Board voted uninamously to APPROVE the Modification to the Planned Residential Development Special Permit for the Molly Towne Road 16 single- family residential subdivision and open space in accordance with the fallowing conditions. Signed Lincoln J. Daley,Town Richard Nardella,Chairman John Simons,Vice Chairman James Phi mey, Clerk Alberto Angles Jack Great BOARD OF APPEALS 689-9541 BUILDING 68&9543 CONSERVATION 68&9530 HEALTH 6M9540 PLANNING 68&9535 Molly Towne Road "Autumn Chase" Map 65,Parcels 24&33 Modification-Special Permit/PRD Map 38,Parcel 41 16 Single-Family Dwelling Units November 15, 2005 The Town of North Andover Planning Board hereby grants the Modification to the Special Permit for a 16 single-family lot (with associated Usable Open Space) Planned Residential Development ("PRD") known as Molly Towne Road ("Autumn Chase"). The project is located on Molly Towne Road, off of Summer Street, Assessors Map 65, Parcels 24 & 33 and Map 38, Parcel 41 and is in the Residence 2 (R-2) Zoning District. The purpose of the Modification to the Special Permit is to change/revise the architectural style, location, and footprint of the approved single-family homes, associated grading, and landscape work. The Modification to the Special Permit was requested by North Andover Realty Corporation, 459 East Broadway, Haverhill, MA 01830. This application was filed with the Planning Board on August 31, 2005. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.5, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Planning Board makes the following findings as required by the Bylaw, Sections 10.3 and 10.31. a. The specific site is an appropriate location for a Planned Residential Development, as the property would yield 16 homes with a conventional subdivision design vs. the 16 new homes with the PRD design. The modification to the PRD plan minimizes the amount of disturbance on the existing slopes, vegetation, wetlands and abutting properties by taking advantage of the reduced lot size. Also, this layout preserves in excess of ten (10) acres of the property through a perpetual open space restriction. This modification will not change or alter the lot layout, lot setbacks and dimensions, roadway design, area of open usable space, and general requirements previously approved in April 22, 2005 Definitive Subdivision and Planned Residential Development Planning Board decisions. The purpose of Modification is to change the architectural style, location, and footprint of the approved single-family homes. b. The use as developed will not adversely affect the neighborhood as this site is located in a residential area and there are approximately 10 acres of Usable Open Space associated with the development. The character of the project will reflect the rural aesthetic presently defined by the surrounding Summer Street and Rea Street neighborhoods. c. There will be no nuisance or serious hazard to vehicles or pedestrians. The traffic impact and access study submitted by DJK Associates, and reviewed by the town's consulting engineer, demonstrates that the development of 16 new homes will have a negligible impact on the present traffic volumes associated with Summer Street. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Each home will be connected to municipal sanitary sewer and water connections, minimizing the chance of unwanted pollutants entering the groundwater. I 2 e Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval In particular, the Planning Board finds that the Modification to approved April 22, 2005 PRD Special Permit will: a. Promote the more efficient use of land in harmony with its natural features by preserving additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this, and facilitates the economical and efficient provision of utilities; b. Protect water bodies and supplies, wetlands, floodplains, hillsides, wildlife and other natural resources due to the preservation of open space, and the project design minimizes and protects such natural resources; c. Encourage the preservation of open space. The applicant has provided approximately 10 acres of the property as Useable Open Space; d. Permit greater flexibility and more attractive and efficient design of residential development. The subdivision design both proposes and allows preservation of the existing rural character along Summer Street, while conforming to the goals and policies of the Master Plan of the Town of North Andover; e. Meet the Town's housing needs. f. The Planning Board also finds that a base density of 16 house lots is appropriate for the PRD as a conventional subdivision design would also yield 16 new single-family homes. Finally, the Planning Board finds that the Planned Residential Development complies with the Bylaw requirements and grants a Special Permit subject to the following conditions: 1. Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project, meet weekly with the Town Planner and file monthly written reports to the Board, detailing areas of non-compliance and with the plans and conditions of approval. 2. Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in consultant with the Planning Department. The construction monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Construction Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues. The designated monitor may not be the applicant and/or developer. Molly Towne Road (`Autumn Chase") Modification- PRD Special Permit Approval 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a. The final plan must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b. The applicant shall post a Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North Andover pursuant to the North Andover Planning Board April 22, 2005 PRD Special Permit Decision. 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 5(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. 4. Prior to receipt of a Certificate of Completion (Form K) for the project described in the Definitive Subdivision Decision, 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 this 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, subject to certain easements and restrictions to be described therein. Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. 5. The designated Usable Open Space parcels shall be transferred in ownership to one of the following groups: a. A non-profit organization or trust whose members are all the homeowners and occupy the homes; b. Private organization including but not limited to the Trustees of Reservations, or Essex County Greenbelt Association whose primary function is preserving open space; c. The Town of North Andover; d. Any Group as indicated by the Planning Board, which exists or is created for the purpose of preserving open space for the owners of the homes located in the PRD. As referenced in condition #4 above, Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. Final Documents must be fully executed and recorded with the Essex North Registry of Deeds prior to final release of any roadway bond or security. Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval 6. Prior to the start of Construction: a. Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. b. During construction,the site must be kept clean and swept regularly. c. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off--site construction. Off- site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. d. The applicant shall provide the Planning Board with copies of permits, plans and decisions received from all other town boards, commissions or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition#21. 7. Prior to releasing individual lots from the statutory covenants, the Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. 8. The applicant must comply with the Phased Development Bylaw, Section 4.2 of the Town of North Andover Zoning Bylaw. 9. The Planning Board approves the Architectural Plans provided by North Andover Realty Corporation. Final elevations and footprints shall be submitted to the Planning Department prior to the release of individual lots from the statutory covenants. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. 10. Prior to FORM U verification(Building Permit Issuance): a. The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. b. The applicant shall adhere to the following requirements of the Fire Department and the Building Department: All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for Molly Towne Road(-Autumn Chase") Modification- PRD Special Permit Approval each residential system must also be supplied to the Building Department when applying for a building permit. c. One certified copy of the recorded decision must be submitted to the Planning Department. 11. After the conveyance of each residential lot, the applicant must provide the Planning Department with a copy of each deed evidencing the following language: "As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated , the Buyer of Lot _ within the Molly Towne Road ("Autumn Chase") subdivision acknowledges that the Open Space Parcels, or easements, shown on the plans, which have been or will be conveyed to an appropriate homeowners association, conservation organization, agricultural trust or the Town of North Andover through its Conservation Commission, as determined by the Planning Board, for conservation, agricultural and/or recreational purposes, shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcels in any particular state or condition, notwithstanding the Town's acceptance of such Open Space parcels". 12. Prior to verification of a Certificate of Occupancy. a. The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b. The Town Planner shall approve all artificial lighting used to illuminate the site. Any changes to the approved lighting plan as may be reasonably required by the Town Planner shall be made at the owner's expense. c. The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the abovereferenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. 13. Any stockpiling of materials (dirt, wood, construction material, etc.)must be shown on a plan and reviewed and approved by the Town Planner. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 14. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 15. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval li I 16. 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. 17. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner (by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity). The replacement plants shall match the size and species as indicated in the landscaping plan. 18. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 19. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 20. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 21. Any action by the applicant, current or future owner, Town Board, Commission, or Department, which requires changes in the plan or design of the buildings, utilities, landscaping, and lighting as presented to the Planning Board, may be subject to modification by the Planning Board. 22. The project will be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings and the approved April 22, 2005 Definitive Subdivision decision and April 22,2005 Planned Residential Development as amended by this decision. 23. Any revisions to the plan or design of the residential homes, utilities, landscaping, and lighting shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 24. The provisions of the Special Permit shall apply to and be for the benefit of and binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 25. This Special Permit approval shall be deemed to have lapsed after November 15,2007 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 26. The developer shall implement and.-bailow all requirements set forth in this decision and the plans and report referenced below. Failure to comply with all requirements therein and the conditions of this approval, shall be the basis for the Planning Board, voting by majority Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning Board based upon the developers written comments and the conditions contained herein. 27. The following information shall be deemed part of the decision: Plan titled: Autumn Chase A Single Family Subdivision ,.Jjppared For: North Andover Realty Corporation 459 East Broadway Haverhill,MA 01830 Prepared By: Merrimack Engineering Services 66 Park Street Andover,Massachusetts 01810 Dated: December 1,2004, Revised October 19,2005 Sheets: I through 17 Scale: V=40' Report titled: Molly Towne Road Project Report on Drainage and Sedimentation Control Drainage Prepared for: North Andover Realty Corporation 459 East Broadway Haverhill, MA 01830 Prepared By: Hayes Engineering,Inc. Dated: August 27,2004 Report Titled: Traffic Impact& Access Study Prepared for: Chestnut Realty Development, LLC Prepared By: Dermot J. Kelly Associates, Inc. 280 Main Street, Suite 204 North Reading, MA 01864 I i � AUTUMN CHASE i ' Proposed 16 Lot 1 1 Planned Residential Development 1 1 1 1 ' Submitted by: Chestnut Realty Development, LLC P.O. Box 907 ', North Andover, MA 01845 ' m HUNTRESS ASSOCIATES LANDSCAPE ARCHITECTURE &LAND PLANNING ' December 17,2004 ' Mr. John Simons, Chair North Andover Planning Board Department of Planning & Community Services ' 27 Charles Street North Andover,MA_01845 Re: Autumn Chase -Planned Residential Development. Dear Mr. Simons: ' On behalf of Chestnut Development LLC, we are pleased to provide the following applications regarding the proposed open space development entitled Autumn Chase: 1. Definitive Subdivision Application a. Form C ' b. Form D -Designers Certificate c. Abutters List. 2. Planned Residential Development -NAZB Section 8.5 & 10.3 As you are aware, this application is submitted pursuant to Section 8.5 and Section 10.3 of the ' North Andover Zoning Bylaw. We have prepared one set of plans entitled: Special Permit and Definitive Subdivision Plan for Autumn Chase, Molly Towne Road, North Andover, Massachusetts. I am confident that you will find these plans to satisfy both the Special Permit and Definitive Subdivision requirements. STATEMENT OF ENVIRONMENTAL& COMMUNITY IMPACT ' As required by the Rules and Regulations Governing the Subdivision of Land and PRD Special Permit Regulations, the following is a Statement of Environmental and Community Impact and Specific Requirements to be met for obtaining a Special Permit. ' 1. Description of Proposed Project: The property is presently developed, containing one (1) existing farmhouse and 23.0 acres (+/-). The land is bisected by the existing Molly Towne Road right of way. Molly Towne Road is an under developed/unimproved private way providing access to one additional home and the Harold Parker State Forest along the southern edge of the right of way. The property has frontage along both Summer Street and Molly Towne Road, is fairly level and rolling, and contains some well defined wetland resource areas along the northern and western edge 17 Tewksbury Street, Andover MA o18io 978.4 0.8882 978-470.8890 f,7, ' Mr.John Simons Autumn Chase—Planned Residential Development December 17,2004 Page 2 of 8 ' of the site. The property is zoned R-2, and is not within the Lake Cochichewick Watershed. Please refer to the existing conditions plan for additional information. ' The proposed project consists of the development of 16 single family homes in an open space development with over 35% of the site preserved as active and passive open space. All 16 ' new homes will be connected to the municipal sewer system. The development team recognizes that this parcel is unique in its topographic character and rural /aesthetic value to the Town of North Andover and has taken care to preserve the open, natural character of ' Summer Street. The project is defined by a 50' open space buffer surrounding the entire property, and a significant portion of the open space associated with Summer Street has been permanently protected. The centerpiece of the project is a 2.5 acre village green adjacent to ' Summer Street which will be left in a natural, rural condition with rolling topography, stonewalls and mature vegetation. The streetscape and buffer planting plan shows the addition of street trees at 50' intervals along the right of way and ornamental,native plantings within the proposed village green. Existing stone walls which presently define the Molly Towne right of way will be removed to accommodate the new roadway, and reset along the ' frontage of the proposed homes when the roadway construction is complete. The new homes are approximately 3000-3500 sf in size, and have been designed to reinforce ' a pedestrian streetscape. The houses all provide a traditional front porch, and are set 20' from the right-of-way. All garages are recessed behind the front fagade of the house, emphasizing the pedestrian arrival to the front porch. The streetscape includes appropriately ' detailed fences, stonewalls, street trees and ornamental light posts. The new roadway and driveway designs are intentionally understated, so as not to overpower the existing rural character. The intended result is a pedestrian neighborhood which preserves the character of the area while minimizing impacts to steep slopes,wetlands and abutting properties. ' For a more detailed description of the proposed layout please refer to the attached plans. 2. Adverse Impacts and Alternative Development: ' Short-term adverse impacts may include typical construction activity, dust and limited noise. All efforts will be made to reduce the impact of construction on the neighborhood, including police details, limited construction hours and roadway watering ' Alternative development includes a conventional buildout of 16 new lots. A conventional layout on this property would result in the following: 1)No public open space; 2)No buffers I ' to adjacent properties; 3)ANR lots along Summer Street. I ' ' Mr.John Simons Autumn Chase—Planned Residential Development December 11,2004 ' Page 3 of 8 ' 3. Natural Environment: a. Air and Noise Pollution: The new homes will have a varying roofline, at no time ' exceeding 2.5 stories. Each lot will have a minimum of 21,780 sf, and be adjacent to protected open space. The boundary of the site is additionally preserved with a minimum 50' buffer, preserving existing grades, vegetation and views. The provision of generous ' open space both within and around the neighborhood will negate any possible impact the new homes may have to air and noise pollution. b. Water Pollution: The design of this project incorporates the recommended BMP's provided by the Massachusetts Department of Environmental Protection in all stormwater and drainage improvements. 1 c. Land: The applicant intends to dedicate a perpetual open space restriction in excess of 35% of the total sites acreage to be held by the Town of North Andover, or any other ' conservation organization acceptable to the Town and the applicant. Further,the applicant proposes to construct a traditional/rural New England village green as a centerpiece of the project. The Village Green is approximately two and one-half acre in size and will serve as an active open space for the neighborhood. d. Plants and Wildlife: Removal of existing vegetation has been minimized through the use ' of a PRD, or reduced lot size. ' e. Water Supply: The project will tie into the municipal water supply. The municipal system has adequate capacity to supply the needs of this project. f. Sewage Disposal: The project will extend available public utilities at its own cost. Each home will be provided with a sewer connection, minimizing the chance of unwanted pollutants entering the ground water. 4. Man-Made Environment a. Existing Neighborhood Land Use: The character of the project will reflect the rural ' aesthetic presently defined by the surrounding Summer Street neighborhoods. The project minimizes impact to existing slopes, and provides significant buffer to surrounding properties and wetlands. b. Zoning: As the property is zoned R-2, single-family residential lots of a 43,560 sf minimum are allowed by right. This would translate conservatively to a 16 lot I ' conventional subdivision with no preserved open space. This proposal looks to reduce the minimum lot size to the allowed 1/2 acre under the PRD bylaw, and create a density ' Mr.John Simons Autumn Chase—Planned Residential Development December 11,2004 Page 4 of 8 of 16 new single-family homes. This layout preserves approximately 8 acres, or 35%, of the property through a perpetual open space restriction to be held by the Town of North Andover, or any other conservation organization acceptable to the Town and the applicant. This layout also minimizes the development impact to existing slopes, wetlands and abutting properties by taking advantage of the reduced lot size. ' 5. Public Services a. Schools Department: Plans have been provided to the North Andover School ' Department. The applicant hereby requests a waiver from supplying additional information at the time of submission. 1 b. Police Department: Plans have been provided to the North Andover Police Department. The applicant hereby requests a waiver from supplying additional information at the time of submission. ' c. Fire Department: Plans have been provided to the North Andover Fire Department. Each home will be supplied with a built in fire sprinkler system tied to the municipal water service. The applicant hereby requests a waiver from supplying additional information at the time of submission. d. Recreation: The applicant intends to dedicate a perpetual open space restriction for property in excess of 35% of the total site acreage to be held by the Town of North Andover, or any other conservation organization acceptable to the Town and the applicant. Further, the applicant proposes to construct a traditional New England village green as a centerpiece of the project. The village green is approximately two and one-half acre in size and will serve as an active open space for the neighborhood. e. Solid Waste Disposal: Like other existing homes in the neighborhood, it is anticipated ' that these homes will be provided with municipal rubbish removal. f. Traffic: The development of sixteen new homes will have a negligible impact on the present traffic volumes associated with Summer Street. Due to the limit nature of this project, the applicant hereby requests a waiver to the strict compliance of this requirement. The applicant has retained DJK Associates to review requirements for safe ingress and egress to the site from Summer Street. That information is being prepared presently and will be provided to the Planning Board prior to the public hearing. I , ' Mr.John Simons Autumn Chase—Planned Residential Development December 17,2004 ' Page 5 of 8 f. Highway Department: Appropriate provisions have been made for safe access and egress to and from the proposed neighborhoods. All construction activity will conform to the ' requirements of the North Andover DPW,Fire and Police Departments. 6. Aesthetics: ' a. Lighting: One ornamental streetlight shall be provided for each house. The light posts shall be cedar with a colonial fixture, approximately 7' in height. All lights shall be on a photocell and powered by the house that it serves. The intent is that the street lighting be ' uniform throughout the project, pedestrian in scale and appropriately detailed to match the proposed architecture. 1 b. Landscaping: The proposed landscape is intended to reinforce a streetscape and traditional/rural village green. The plan proposes shade trees at regular fifty-foot intervals on both sides of the street. Additional street trees, ornamentals and evergreens have been ' includes at irregular spacing to add interest and provide visual buffers when appropriate. Each home will also be appropriately landscaped to fit within the neighborhood setting. c. Visual: The design team recognizes the unique character of this neighborhood. The PRD concept was specifically used to minimize the visual impact to surrounding homes and preserve the agricultural character of Summer Street. The sixteen new single family homes are all provided with a minimum fifty foot buffer to adjacent property lines. Finally, by taking advantage of the reduced lot size we are able to eliminate the use of ANR lots along Summer Street insuring that the open fields and rural character are best preserved. 7. Planning: This proposal respects the agricultural character of the neighborhood and permanently preserves over 8 acres of open space. The preservation of rural character and open space are both fundamental principles of the Town's Masterplan and Open Space Plan. 8. Traffic: The development of sixteen new homes will have a negligible impact on the present traffic volumes associated with Summer Street. Due to the limit nature of this project,the applicant hereby requests a waiver to the strict compliance of this requirement. ' 9. Cost/Benefit Analysis: The development of a PRD with sixteen new homes will not result in an increased density ' beyond what could be built under a conventional subdivision plan. Given the considerable ' Mr.John Simons Autumn Chase—Planned Residential Development December 17,2004 ' Page 6 of 8 extents to which the applicant has gone to insure the project fits into the surrounding neighborhood,the applicant would respectfully request a waiver from this requirement. 10. Materials Estimate: The applicant would respectfully request a waiver from this requirement at the time of ' submission. We would be happy to work with your consulting engineer in determining an appropriate bond amount during the review and approval process. 11. Soil Erosion and Sedimentation Control Plan: Please refer to the Soil Erosion and Sedimentation Plans prepared by Merrimack En 'neering Services, Inc. that have been included in the plan set. 1 12. The SPGA may also require that supporting materials be prepared b other professionals including, but not limited to, a registered architect, registered ladscape ' architect, registered land surveyor, registered sanitarian, biologist, geol gist or hydrologist when in its judgment the complexity of the proposed work Warr nts the relevant specified expertise. The project team, which helped in the preparation of these documents, consist3 of the following professionals: ' Huntress Associates,Inc. Registered Landscape Architects Merrimack Engineering Services,Inc. Registered Professional Engineers The MZO Group Architects and Planners West Environmental Wetland Scientists&Hydrologists DJK Associates, Inc. Traffic Engineers ' We are prepared to have these professionals in attendance at the required public he nings to respond to any and all concerns raised by the board. 13. Specific requirements to be met for obtaining a PRD Special Permit (Planned Residential Development-NAZB Section 8.5) ' ITEM ALLOWED PROPOSED The number of units 16 houses 16 new home 3. Type/size Single family Single family & Townhouse Ground Floor Area N/A 2000-2500sf i-/- Ground Coverage N/A <0.10:1 Open Space Provided 35% 35%(min.)* ' Mr.John Simons Autumn Chase—Planned Residential Development December 17,2004 ' Page 7 of 8 * o Section 8.5.6 (F) requires 35% Open Space for a Subdivision PRD. Wetland resource areas ' account for less than 25%of the proposed usable open space. 14. NAZB Section 10.31, SPGA findings to be met: ' a. The specific site is an appropriate location for such use, structure or condit' n. As the property is zoned R-2, single-family residential lots of a 43,560 sf mini um are allowed by right. This would translate conservatively to a 16 lot conventional sub ivision with no preserved open space. This proposal looks to reduce the minimum lot si e to the allowed one half acre under the PRD bylaw, and create a density of sixteen ne single- family homes. This layout preserves approximately eight acres, or 35%, of the roperty ' through a perpetual open space restriction to be held by the Town of North And ver, or any other conservation organization acceptable to the Town and the applican . This layout also minimizes the development impact to existing slopes, wetlands and butting properties by taking advantage of the reduced lot size. b. The use as developed will not adversely affect the neighborhood. The charact r of the project will reflect the rural aesthetic presently defined by the surrounding Summ r Street neighborhoods. The project minimizes impact to existing slopes, and provides si ficant buffer to surrounding properties and wetlands. c. There will be no nuisance or serious hazard to vehicles or pedestrian . The ' development of sixteen new homes will have a negligible impact on the preset traffic volumes associated with Summer Street. ' d. Adequate and appropriate facilities will be provided for the proper operati of the proposed use. The project will extend roadways and utilities at its own cost. Ea h home will be provided with a sewer and water connection, minimizing the chance of wanted ' pollutants entering the groundwater. e. The SPGA shall not grant any special permit unless they make a specific finding ' that the use is in harmony with the general purpose and intent of this bylaw. The PRD bylaw was enabled to encourage the preservation of land, red tion of impervious surface and minimization of require public infrastructure to se ice new ' developments. This project has specifically met these objectives through the f flowing efforts: II ' 1. Preservation of over eight acres as both active and passive open space. 2. Preservation of the rural character along Summer Street; Mr.John Simons Autumn Chase—Planned Residential Development ' December 17,2004 Page 8 of 8 I3. Preservation of existing grades,views,mature vegetation; 4. Provides parking spaces for public access/egress to the Harold Parker State Forest. 5. Design and construction of a neighborhood intended to foster pedestrian activity, neighborhood interaction and community participation. We are confident that the plans and supporting information we have submitted are in keeping with the general intent of the North Andover Zoning Bylaw, and are in the best interest of the neighborhood and the Town of North Andover. Please refer to the attached plans for a complete ' list of waivers being sought in the approval of this project. Also, please be aware that the applicants intends to provide a Letter of Credit as a performance guarantee, and that roadway construction is anticipated to begin in the spring of 2005 and last through the summer of 2006. For the reasons outlined above, we respectfully request that the Planning Board issue a Planned q g Residential Development Special Permit and a Definitive Subdivision Approval for the proposed project. We appreciate your time and consideration with regard to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. Sincerely, H t ss sociates, Inc. C s ' tress Landscape Architect Cc: Christina Minicucci—Chestnut Development LLC Steve Stapinski—Merrimack Engineering Services,Inc. Andrew Zawelski—The MZO Group. i Page 1 of 3 PRD Special Permit Application Town of North Andover Planning Board Application for PRD Special Permit Please type or print clearly. ' 1. Petitioner: Chestnut Development LLC Petitioner's Address: 231 Sutton Street-North Andover MA 01845 ' Telephone number: 978.327.6540 phone 978.327.6544 fax 2. Owners of the Land: John Kozdras Address: Summer Street North Andover MA 01845 Number of years of ownership: 2 years -- 3. Description of Proposed Project: The proposed project consists of the development of 16 single family homes in an open-space ' development with over 35% of the site preserved as active and passive open space. All.16 new homes will be connected to the municipal sewer system. The development team recogniies that this parcel is unique in its topographic character and rural/aesthetic value to the Town of North ' Andover and has taken care to preserve the open,natural character of Summer Street.The project is defined by a 50' open space buffer surrounding the entire property, and a significant portion of the open space associated with Summer Street has been permanently protected.The centerpiece of the project is a 2.5 acre village green adjacent to Summer Street which will be left in a natural, rural condition with rolling topography, stonewalls and mature vegetation. The streetscape and buffer planting plan shows the addition of street trees at 50' intervals along the right of way and ornamental, native plantings within the proposed village green. Existing stone walls which presently define the Molly Towne right of way will be removed to accommodate the new roadway, and reset along the frontage of the proposed homes when the roadway construction is complete. 4. Description of Premises: The property is presently developed, containing one (1) existing farmhouse and 23.0 acres The land is bisected by the existing Molly Towne Road right of way. Molly Towne Road is an under developed/unimproved private way providing access to one additional home and the Harold Parker State Forest along the southern edge of the right of way. The property has frontage along both Summer Street and Molly Towne Road, is fairly level and rolling, and contains some well defined wetland resource areas along the northern and western edge of the site. The property is zoned R-2, and is not within the Lake Cochichewick Watershed. Please refer to the existing conditions plan for additional information. 5. Address of Property Being Affected: Molly Towne Road—Summer Street,North Andover Zoning District: Residential Two(R72) Assessors: Map: 65 Lot# 24&33 Assessors: Map: 38 Lot# 41 I ' Registry of Deeds: Book# 8494 Page# 186 6. Existing Lot: Lot Area(Sq.Ft) 23.0 Acres+/- Building Height: 35'+/- Street 5'+/- Street Frontage: 1200'+/-(Summer St.) Side Setbacks: 509'+/- Front Setback: 70'+/- Rear Setback: 330'+/- Floor Area Ratio: N/A Lot Coverage: N/A Page 2 of 3 PRD Special Permit Application ' 7. Proposed Lot(if applicable): Lot Area(Sq.Ft) 21,780 sf(min.) Building Height: 30'/2.5 stories Street Frontage: 100' min. Side Setbacks: 5' min. (see below) Front Setback: 20' min. Rear Setback: 20' min Floor Area Ratio: N/A Lot Coverage: N/A ' 8. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 21,780 sf(min.) Building Height: 30'/2.5 stories Street Frontage: 100' min. Side Setbacks: 0' when abutting is 20' Front Setback: 20'min. Rear Setback: 20'min Floor Area Ratio: N/A Lot Coverage: N/A 9. Existing Building(if applicable): Ground Floor(Sq.Ft.) 850 #of Floors 1l st`ly Total Sq. Ft. 850 sf, Height: 18'+/- Use: residential/agricultural Type of Construction: Wood frame ' 10. Proposed Building: Ground Floor(Sq.Ft.) 2000 sf(+/-) #of Floors 2.5 stories Total Sq. Ft. 3500 sf+/- Height: 30'max ' Use: Residential homes Type of Construction:Wood frame 11. Has there been a previous application for a Special Permit from the Planning Board on these premises?No If so,when and for what type of construction? 12. Section of Zoning Bylaw that Special Permit Is Being Requested: NAZB Section 8.5(Planned Residential Developments-PRD) NAZB Section 10.3 (Special Permit) 13. Petitioner and Landowner signature(s):Every application for a Special Permit shall be made on this form,which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsib ' o e ..over to furnish all supporting documentation with this application. The dated copy this appli tion Zv wn Clerk or Planning Office d a e th' applicant fro s re nsib ' The petition shall be responsible all expe s filin and legal no ' on. Failure comply with appli ation requir ents, as cited rein and IT Tannin d Rules and Regulations may resul in a dismis by the Planni Board of s app ' incomplete. ' Petiti er's Signa Print or type tie ere: Louis P.Minicci Jx. �-C stnutmen Owner or Authorized Representative Signre. Print or type name here:Louis P.Minicucci Jr.,Manager-Chestnut Development LL North Andover 01845 14. Please list title of plans and documents you will be attaching to this application. ' Plans: Definitive Subdivision and Special Permit Plan Autumn Chase North Andover,Massachusetts 01845 Dated: December 17,2004 Prepared by: Merrimack Engineering Services,Inc. 66 Park Street i 1 Page 3 of 3 PRD Special Permit Application Andover,MA 01810 Sheets: 1 through 17 Plans: Streetscape and Buffer Plan Autumn Chase North Andover,Massachusetts 01845 Dated: December 17, 2004 Prepared by: Huntress Associates,Inc. 17 Tewksbury Street Andover,MA 01810 ' Sheets: L-1 and L-2 Plans: Architectural Elevations Autumn Chase North Andover,Massachusetts 01845 Dated: November 1,2004 Prepared by: The MZO Group 62 Montvale Avenue Stoneham,MA 02180 Sheets: 1 through 4 Reports,Attachments and filing fees • Drainage Report-Prepared by Merrimack Engineering Services,Inc. • PRD Special Permit Filing Fee: $200 plus($275 x 16 lots--$4400)$ 4,400.00 • Definitive Subdivision Filing Fee: $275 plus($400 x 16 lots--$6400) $ 6,675.00 • Definitive Subdivision Application i. Form C ii. Form D,Designers Certificate iii. Abutters List. iv. List of Requested Waivers(see plan set cover sheet) v. Statement of Environmental&Community Impact(see cover letter) t 2 [ til�� ,.t aR* •} Fi a'F% ts� + r` � -.v� • �p r s t+ a a. 4 rY S, � ry a� � p' ter �� � a• �,,, '�w�t� ���*`�` 5 .,�+' '�� � _.r J - x ♦ r Y �Yd 1 `1 a�" "r���;i �f'�#n� •.� >,� w}�� ��i ��1 c1� per► .�y +���+, .; a �;e �►as 'r �M1 .. I y t,�-r•:.. in j ,[ a .x f kil . � I r .fig•'` r f � t S� j F t `.-� ;�:. rs'�wr d �. Q, as u/k �..i� �9i e✓' F14, r 11 j OVII IIlY y, � i a ; r^„ ;.. t" r:a�4 /fr. aha- ■:. ���' d� .r a. r����.r s�x��...ta�l �III �� u ,� fa�', , E 1Y \ r' • z p. till 4 1411 131 77 LI _ mom """. r. • t i ! `Y 1 e y _ v Roo 'i iiia ha i y 'd, ^',1�.��.'y���; •a z� !... y'! �'tx F� ML rprai#�'Ar��d`w'? P� �. r �� a� ike ` �i �fy ,fay .r+1Tiw�iriia "a7�,�t.,. y� a. jq NXV--R.4 Form C ' ' Application For Definitive Subdivision Approval Received; Town of North Andover Town Clerk (Date Stamp) Stamp three (3) forms with the Town Clerk. File one (1) copy with the Town Clerk and two (2�_- with the Planning Department. To the Planning Board: The undersigned, being an applicant under Chapter 41, 81-0, 81-T, 81-U, MGL, for approval--&f a proposed subdivision plan, hereby submits a Definitive Plan and makes application for approval to the North Andover Planning Board: The undersigned hereby applies for the approval of said Definitive plan by the Board, and in furtherance thereof hereby agrees to abided by the Board's Rules and Regulations. The undersigned hereby farther covenants and agrees with the Town of North Andover, upon approval of said Definitive plan by the Board: a. To install the utilities in accordance with the rules and regulations of the Planning Board, Department.of Public Works,the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities with the utilities within the limits of ways and streets; b. To complete and construct the street or ways and other improvements shown thereon in accordance with Section V and VI of the Rules and Regulations of the Planning Board,including all Appendices (I-VI)and Figures (1-27), 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 hereing and made a part of this application. This application and the covenants and agreements 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 from C. To complete the aforesaid installations and construction within two (2) years the date hereof. Chestn t R ty D yelo ent Na e of Applican Ad ess: 231 Sutton St eet, N ver, MA 01845 Signa e of Applica —17 7 AM IX i e� Autumn Chase 2. Name of Subdivision: 3. Location and Description of Property[include Assessor's Map&Lot and Zoning District(s)js- Assessors Map 65,- Lot 24 & . 33 - Assessors 33 Assessors Map 38, Lot 41 Zoning R-2 ' Land is known as Kozdras Property on Molly Towne Road � fi• Address of Property Being Affected: Zoning R-2 District: ' Assessors: Map#:_65 4 2 Lot 5Lot#38 41 & 3 3 1857 252 4. Deed Reference: Book 476 page 6 0 0 and/or Certificate of Title No. ' Merrimack Engineering Services 5. Name of Surveyor/Engineer: Address: 66 Park Street, Andover, MA 01810 Easements&Restrictions of Record(Describe&Include Deed References) Non 6. Prelimina Plan S bmitted? N�A ; Plan pr ve ;Date-_-a- Signature ate: a Signature of O Address: % Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: w Form L Departmental Referral Form With Signature of Departments Acknowledging Receipt ' To: Director,Engineering,Jack Sullivan Fire Chief,William Dolan Interim Conservation Administrator,Alison McKay ' Building Commissioner,Bob Nicetta Health Administrator,Susan Sawyer ' School Committee Police Department ' Chestnut Realty Development LLC From: Applicant: ' Date: 12/16/04 ' Re: Preliminary Plan X Definitive Subdivision ' Modification to a Subdivision Special Permit ' Site Plan Review Molly Towne Road Address/Development: A Public Hearing has been scheduled for to discuss the plans checked above. Pleaseour rovide written comments to the Planning Department by P Y P (The Wednesday before the scheduled public hearing and/or scheduled Planning Board.meeting.) Failure to provide written comments by this date will constitute your approval of this plan. Thank You. FORM D ' DESIGNER 'S - CERTIFICATE ' December 14 2004 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER: In preparing the plan entitled Autumn Chase I hereby certify that the above named plan and accompanying data is true and correct to the accuracy required by the current Rules and Regulatior Governing the Subdivision of Land in North Andover , Massachusetts , and my source of information about the location of boundaries shown on said ' plan were one or more of the follo.wing : Emily & Lorraine M. Emily & Lorraine M. Kozdras 1 . Deed from Kozdras to dated August 25, 1984 and recorded in the Essex North ' Registry in Book Page 2 . Other plans , as follows N/A 3 . Oral information furnished by N/A 4 . Actual measurement on the around from a starting point established by Merrimack Engineering Services S . Other Sources ••""�'+e a Signed (Seal of Engineer or ( Registered Pro fes ineer or ' Surveyor ) Registered Land Surveyor) 44. OF t�of F 66 Park Street Andover, MA 01810 1 � Address PJ December 9, 2004 Conservation Commission Town of North Andover 400 Osgood Street North Andover, MA 01845 RE: To Whom It May Concern: Chestnut Realty Development, LLC and its managers have my authorization to submit all ' permit applications for a 16 lot Planned Residential Development on my land located at the intersection of Summer Street and Molly Towne Road, in North Andover, also known as Assessor's Map 65, Lots 24 and 33, and Map 38 Lot 41. Permitting entities include, but are not limited to, the North Andover Conservation Commission, Zoning Board of Appeals, and Planning Board. Sincfrely, , c4 ' John A. Kozdras 59 SumTter Street ' North Andover, MA 01845 978 688 7775 Abutter to Abutterx ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) ' Town of North Andover Abutters Listing ' REQUIREMEIJT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable ' tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Properly: ' MAP PARCEL Name Address _ 38 41 Emily Kozdras 130 Summer Street North Andover,MA 01845 65 24 ' 65 33 Abutters Properties Map Parcel Name Address 38 39 Mark Roberts 171 Summer Street North Andover,MA 01845 38 42 168 Summer Street Trust 168 Summer Street North Andover,MA 01845 38 44 Veronica Mandry 219 Summer Street North Andover,MA 01845 38 54 Frank Fay 163 Summer Street North Andover,MA 01845 38 170 Marc Joslow 196 Summer Street North Andover,MA 01845 38 171 Matthew Cummings 208 Summer Street North Andover,MA 01845 38 175 Paul Tanglis 149 Summer Street North Andover,MA 01845 ' 38 178 Paula Mcllveen 57 South Cross Road North Andover,MA 01845 65 25 John Kozdras 59 Summer Street North Andover,MA 01845 65 37 Robert Armano 70 Summer Street North Andover,MA 01845 ' 65 39 Town of North Andover 120 Main Street North Andover,MA 01845 65 40 Paul Ellard 54 Summer Street North Andover,MA 01845 65 91 _ 168 Summer Street Trust 168 Summer Street North Andover,MA 01845 65 92 Susan Letourneau 50 Molly Towne Road North Andover,MA 01845 ' 65 244 Maurice Martinin 91 Weyland Circle North Andover,MA 01845 65 245 Matthew Taylor 99 Weyland Circle North Andover,MA 01845 65 246 Michael Leba 105 Weyland Circle North Andover,MA 01845 65 247 Marian lerardi 115 Weyland Circle North Andover,MA 01845 ' 65 248 Mark Kelsey 121 Weyland Circle North Andover,MA 01845 65 249 Robert Warren 129 Weyland Circle North Andover,MA 01845 65 250 Christopher Conway 137 Weyland Circle North Andover,MA 01845 65 251 Yoram Shahar 145 Weyland Circle North Andover,MA 01845 ' 65 252 Ann Marie Lombardi 153 Weyland Circle North Andover,MA 01845 65 253 Kyle Leavitt 161 Weyland Circle North Andover,MA 01845 107.A 232 James Kramer 30 Spring Hill Road North Andover,MA 01845 ' 107.A 233 Justin Benncasa 42 Spring Hill Road North Andover,MA 01845 107.A 234 William Gillen 54 Spring Hill Road North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certified Date Z-2