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Home My WebLink AboutMiscellaneous - 2-6 Bear Hill RoadVariance 0 speclal permit APPLICATION F -R -ED CN DECISION D1lI= ON:�� WIN i - _ ��" ��` �7 (� 3 f 2� Legal Nqtipe TOWN Of NORTH ANDOVER BOARD OF APPEALS NOTICE S CHU February 22, 1983 Notice is hereby given that the 'Board of'Appeals will give a hearing 'at the Town Building, North Andover, on 'Monday evening the 14th day of March, 1983, at 7:30 o'clock, to all par- ties interested in'the appeal of Zachary Realty.. Corporation re- questing a vanation of Sec. 4.133 Par. 3c of the Zoning By Law so as to permit the removal of vegetation within 25 feet of ,'tributary 16 Lake CDchichewick in 'order to construct* a storm Water retention pond -on the premises, located at land known' as Lots 2 through 6, Bear Hill - - :Road. --' ... . .1 By Order of the Board of Ap- peals. - - Frank Serio, Jr. Chairman. �Publish N.A. Citizen: Feb. 24 and March 3, 1983 - G22-1085 V 4 xyo %A RT/i�ty<r r { 3?.`��cno4rtar�o �o Fi APRIL7M i h a ,�•.1555 ; g � ��y SACHUS�'4�4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Fe. br.uary .22....198.3. Notice is hereby given that the Board of Appeals will give a hearing at the'Town Building, North Andover, on ....."^= n. d a y. ...en.i ng........ the .1. P4- h; of , ......':arc`s..... . 19.3 3, af.: 3.�'clock, to all parties interested in the appeal of y,n.,a� ��✓. or Cirratl0n Zuc.har L ............ .... requesting a variation of Sec...4.13 3 ..'' a r... " c. of the Zoning By Law so as to permit . t h e.. r o .iq o y.a 1 ..e f .y e g e t a t i 6 n. wit.h.i_n..25..fee.t.p.r.a. tributary.to..iake..... Cocheche.•rick in order to construct a storm ..............................I....................... water retention pond ................. ... I ....I .......... ......... I ........................ on the premises, located at. l a n d known a s Lots 2 t h r o s A g!" 6; .Bear Pill Road:.. ........................ By Order of the Board of Appeals Frank Serio, Jr., Chairman publish: "d.(.. Citizen: Feb. 24 and illar. 3, 1983 Send bill to: Zachary Realty Corp. 69 Kingston Road Plaistowq "".H. NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the. Town Clerk. - March 25, 1983 Date........... ............ Petition No.. l . - ' 8 3 Date of Hearing -March14.,..19 8 3 ...... Petition of ZACHARY REALTY CORPORATION ............................... Premises affected ... Lo.ts ..2 , ..3 , . A,..5 ..and..6 , ..Bear. Hill. Road ................... Referring to the above petition for a variation from the requirements of the ....Zoning . By.. Law Section 4. 133, . Paragraph..3. q ............................................ . so as to permit .thQ..disturbance .of . vegetation. within .25..fe.et..of..a. trib.utary to. Lake . C.Qrbichewi.Qk. in. order. to. cons.truct..a. storm. w.ate.r. retention :pond:. After a .public hearing given on the above date, the Board of Appeals voted to .. GRANT ... the variance .... and hereby authorize the Building Inspector to issue a permit to .... Zachary. Realty. Corporation... . ................................... ii. ti. . � :!Id . Y, t',� '' . .Ai::� ...� • � •: •tl:. r � .:+ 1 N�..•4 NtL •/ s .7/R7L'..;/A Signed Alfred E.,Frizelle, Esq., Vice Chairman ........................................... Richard J. Trepanier, Esq., Clerk :............................... William J. Sullivan ...... . ..................... Walter F. Soule ...................................... Maurice S. .Foulds ............................... Board of Appeals �►a. Not�ha� RE'; •''o �� to :3:alAPU10" ' - . : is :Pub' i 1855 • • • • { is /,f. r. r.•� ER , ►►'SNCNUg�� TTTVK� FiiR �� rj E;M F83 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the. Town Clerk. - March 25, 1983 Date........... ............ Petition No.. l . - ' 8 3 Date of Hearing -March14.,..19 8 3 ...... Petition of ZACHARY REALTY CORPORATION ............................... Premises affected ... Lo.ts ..2 , ..3 , . A,..5 ..and..6 , ..Bear. Hill. Road ................... Referring to the above petition for a variation from the requirements of the ....Zoning . By.. Law Section 4. 133, . Paragraph..3. q ............................................ . so as to permit .thQ..disturbance .of . vegetation. within .25..fe.et..of..a. trib.utary to. Lake . C.Qrbichewi.Qk. in. order. to. cons.truct..a. storm. w.ate.r. retention :pond:. After a .public hearing given on the above date, the Board of Appeals voted to .. GRANT ... the variance .... and hereby authorize the Building Inspector to issue a permit to .... Zachary. Realty. Corporation... . ................................... ii. ti. . � :!Id . Y, t',� '' . .Ai::� ...� • � •: •tl:. r � .:+ 1 N�..•4 NtL •/ s .7/R7L'..;/A Signed Alfred E.,Frizelle, Esq., Vice Chairman ........................................... Richard J. Trepanier, Esq., Clerk :............................... William J. Sullivan ...... . ..................... Walter F. Soule ...................................... Maurice S. .Foulds ............................... Board of Appeals Any appeal shall be filed within (20) days after the C n M°"T" date of. filing of this Notice 7 (''��l �r ; i ! f • „ 3:.•.'x. .. °� in the Office. -01thA 10M YCR Clerk _. I�slg •,_� ,_ ss�cHusa TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 25, 1983 Mr. Daniel Long, Town Clerk Petition No. ll -'83 Town Office Building Zachary Realty Corp. North Andover, Mass. Lots 2 - 6, Bear Hill Rd. Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, March 14, 1983 upon the petition of Zachary Realty Corporation. The hearing was advertised in the North Andover Citizen on February 24 and March 3, 1983 and all abutters were notified by regular mail. The following members were.present and voting: Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; Walter F. Soule; and Maurice S. Foulds. The petitioner seeks a variance from the provisions of Section 4.133, Paragraph 3c of the Zoning By Law so permit the removal of vegetation within twenty five feet (25') of a tributary to Lake Cochichewick in order to construct a storm water retention pond on the premises known as Lots 2, 3, 4, 5, and 6, Bear Hill Road. The petitioner testified through Mr. Joseph Cushing, project en- gineer, that the North Andover Planning Board approved a Special Permit to.allow the construction of the pond, but a variance from the Board of Appeals is required in order -to satisfy Section 4.133 of the Zoning By Law, known as the Watershed District. Further testimony indicated that the pond will be designed for the 100 -year storm with a maiximu elevation of four to five feet (4'to 5'). In addition, the vegetation to be disturbed will be replanted as grass on the site. Petition No. 11 - 183 Doti,' Zachary Realty Corp. •.;,? Lots 2 - 6, Bear Hill Rd. Page 2 March 25, 1983 Upon a motion made by Mr. Foulds and seconded by Mr. Soule, the Board voted unanimously to grant the variance as requested. The Board finds that the provisions of Section 10.4 of the Zoning By Law have been satisfied. In particular, the Board finds that a literal enforcement of the provisions of the By Law would in- volve a hardship to the petitioner and that desirable'relief'may be granted without substantial detriment to the public good and without nullifying the intent and purpose of the zoning By Law. Sincerely, Jw (plan to follow) BOARD OF APPEALS _ Alfred E. Frizelle, Esq., Vice Chairman I April 14, 1983 Mr. Zachary Alexanian 69 ringston road Plaistow, Neye lkiaun.pshire 03865 Dear. Mr. T-,lexanian: Your variance plan for Lots 2 thrcuqh 6, Beaj.- Hill Road, has been endorsed by the Boar(3 of Appeals. This plan, along with a cerfifierl copy of the Board's decision, must be recorded at tine North Essex Registry of Deeas. You may pick up your plan at the Board of Appeals office at your convenience. The certified copy of the decision may be obtained from thc Twn Clerk. Sincerely, BOARD OF APPELL15 jW Je a , n E. White, Secretary C _ ` ...a:. .�aC.. •.li.i "i � J' _� fi"'U7�ift.` ... c:�'Q . wc)1 :* i i cv7i;ci __-!%i'.T "f'lv ' ,,!7_.....'3D .. � Fy:�rJ :9"r.'t in ;rear\ r y -�-.c .. f • - �• i• •�.. .., �?� � � __T39'. ..:+c. � !' '(`� 9f.1 ..0 r, 0.,f.-.._,•)`v"r .� �� ,[f . Cy C.. t7 i:`�' .. %C`_i�i :3l'tt 110 "'f 7� "`J r.' 'i: o, "'?:`� -Z.i`-Vffri'J �r rl, ^ TO7� , i ^-I :,-n rI NU1! R71 S _ FES 2 som 163-, r`.c '_-C•`__v.i . .-.��.l ii=-�tJ!i �`D', 7'.�i:Fti.. �. _3 Ji i" -Z 0 C i - --�TIt Za_cnary Realty Corporation 69 Kingston Road CG _ _n S iIc_i '�� i "G L :- rr=?�S Oi C Ct:Ci :4.13<c 3: G i 1Ci.. Sect_. Gn iGr G°_G �CS a a='-, J ._` [lCv=d, ` id oL a dEcl on i. de !b or re: -ie si a y i c_sr cr other aijt1hority. ~� • c) r C_r pie and X cold �i_'i ldl7 S T,u:.��r lots 2 through 6 Bear Hill Road -- - i - r fGf��rt} \•,1Lh 1_ Tip v� G 1 � le _,GE L."1 f C� - Sc,_ X 'ies sig e o` Bear Hill Road S = _ lots 2-_6 _Beax_Hi1�.VRoad �c ` es a�r�re��`�d aLe in DisLrictR_2 ,.:nd the per-�:�ises Y_ri eCt -d I; _'Jr < 1 =1"ea ofC' Ot 600?' 1750 000 --ft of ilE j01.1t C.vtcCl_�i11��o v X11 S), Zachary _Realty_ Corporation Oct. 1981 _r�+:vi�:ls G,: ,er Edwina Kittredge Cr Not applicab.le,____. --- -- - — — -- raj,,_• ---- Not applicable, .:i'...:C Gr :Se �Gi CcCii17 UCIr� __ — -- - --- - - 13 Tj icet: Not applicable NO Permission to remove vegetation within twenty five feet of a wetland which is a tributary to Lake Cochi clew-Lcr order to cc struct a storm: water retention oo--_ . opose: c __ '-- -1 has receije!- _o dit or_s-egulating construction, _om 'o^ _. ___over Pl_=.__._::c 5oara and the tion .. Andover Cor_ser- ,ration Cot- Deed recc_-e. in the c.ec stry c Deets -n Bcok 101 Da __6 C. i m SbKO VW 'JOAOPUV 4qJON 'qe@JqS U04@TdCTf CbT uOsdw0qT, -5 qqTPa Pup -f uqcf S68T0 'VW 'JGAOj)T-1� q-4aON soZ 'Suowiliq- -:4 qqn�j S98E0 HN 'MOqST?Td 'P20E UCqSbUTM 69 'UOTIP-TOCTiOD 1,qTeIDE ,JPqD2Z • 7 1 -ro ol L -T j p D J L L j -1 -T D C C) L S L S,-1 T(D T L 1 L L- U L T T I Ij ILL L T 1,D 0 2 LD L L L Ci? c" -10 "a .t` - �n T .—C p uc z T T 2' 1 S p -Z 2 C G T -j T 'pooh Lqn _U2 -ej� -� -m :�o Gsodand Ul- aar-tp 9-4p.50-Tep aou -uerJeA ST44 go bUT-UPab -qL •E a q PTncm G *padOTGA@c aq qouu2o -"c T S T 11, T 00 n L L 57 P@AO! -40U T @OUPTJzA S Tqq SI T P -Ze 1,CCI IL:, -SnoiouT )U 9APU C -P- S 7 1p ZG 7 GUI Guies Gq-4 -a?? n-7 G -c moTq4dn 5u-[�:icc L- L �C --3L!q 70:[ V.C7T2T71VI UCT--.r; ZT =ISOaC-C ��Lj 'T L _T I NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR Board of Appeals Town Office Building North Andover, Ma. Gentlemen: March 14p 1983 Re: Petition of Zachary Realty Corp. Zachary Realty Corp. was referred to your Board since a variance is required for any cutting within 25 feet horizontally from any tributary. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF:af gORTM Ott i rt CHusE�h TEL. 688-8102 _- `• �1! V -.y..... �� - .' i.` fC'~�i ��_ _ .moi C.. L 5 +.Vn .5.C. CITY/: -, ou"li' -NO : uv: lq 2L-%- 158 ;gip* Zachary Realty dornoration ADD .ESS 69 I =store road -1 r. t'lalSEOk, .'yew iia—,,Ps-:ir+ l.itchell .iohnson Wagon t: heel Tra' -= 03655 :eredi th, n;eW = —^shire CERTIr IE.D MAIL NLT":3P, P . ..03253 PROJECT LOCATION: Address Bear Hill Recorded at Registry of Certificate (if registered) REGARDING: Notice of Intent Dated and plans titled and dated SEP 10 1,852 North Esse: June 4. 1982 see condition eleven (11) T:HIS C=DEF IS ISSUED ON (date) SeptelDber 8, 1982 I I U lyb 1543 ,Page 35 rursu=nt to the authority of G.L. c. 131, s. 40, the' ?Forth Andover Cor servati on Con-,ission has reviewed your Notice of Intent and plans i enti leo-move, anc has determined that the area on which the proposed work is`to be done is signi`icant to one or more of the interests listed in G.L. c. 131, s. 40. Town of North Andover bylaws, Section 3.5 A & B 'etlands Protection. `Ine North ".ndover Conservation Commission hereby orders that the following conditions are necessary to protect said interests and all work stall be performed in strict accordance with thein and with the Notice of Intent and plans identified a'Dove-except_where_such_plans_are_rriodified by -said-condition s CCND_ 11 0, NNS 1. Failure to corrply with all conditions stated herein, and with all related statutes and other regulatory ,,,easures, s :all be do ed cause to reg c or i-,�OGi fy tills order. _ i. This or Ger does notrant anv �)roDerty ri--qts or any exc1L:s:ve pr V?'' S; it -does not authorize any injury to pTrLv=ate proper-ty or i vasion of pri •. rte rights. 3. This order does not relieve the pernittee or any other person of :.he necessity of co:.plying with all other ^ Dl i cool e Inderal, state or 1_or=l statutes, ordinances, by-laws and/Ur 4. The w^r cJtilorized f:ereilnder s':a11 be Co;:,D' ed »i th' n C ie J. the date of this order uC: nless it 25 ` a -i..tt_. =`ICP d�CC V_-:� - J� - _t : ,;b,ect to Section 5(9). This ord-r :..a;v ba extended the ,*tl'l^•ritV {or One or ::ore adQlt_O:,al G. I-- -�. IOC.- .De_ t -e s,= icCUI r,9 a:_t�:Or- ty &t IC?SZ I Z. `?) �, 5 C_ JT_ - ion ;ate oft rjr ;.e-_ c r i's J i111 us=G i -D CO:, ]pCtyci-n ,j', t` is :oleC si,a!i ^e C1�C a cor!taln:ln� no trash, reifuse, T-i1Jbl5h Or Gebr1S, 1nCI i�i=iii i:? tilO�:t limm'ltirlj tale generality or C.me-oregoir:g, 21aT-.ibar, v.iC`=s, p_zSte, �ire,latr:, ✓aper, carboard, pipe, tires, ashes, re`rigerators, motor vehicles or parts of any of the foregoing. 6. No work gray be com--�enced until all appeal periods have elapsed 'from the order of the Conservation Commission or from a final order by the De-artment of Environmental Quality Engineering. 7. No work shall be. undertaken until the final order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the . chain of title Of the affected property. The Document nummber indicating such recording shall be submitted on the -form at the end of this order ._ to the issuer of this order prior to commencement of work. 8. A sign shall be displayed at the site not less that two square feet or more than three square feet bearing the works, "Massachuse Department of Environmental Quality Egnineering. Number 242- ". 9. knere the Department of Environ., -rental Quality Engineering is requested to make a determination and to issue a superseding order, the Conser- vation Commission shall be a party to all agency proceedings and hearings before the Department. 10. Upon completion of the work described herein, the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 11. ire work shall conform to the following described plans and additional conditions: a. Notice of Intent, Environmental Data Form, and Calculations by i:a-minski, Gelinas and Associates, Inc. dated June 4, 1982. nirty-eight (38) pages. b. Letter and revised calculations from 'Kaminski, Gelinas and .,ssociates, Inc. dated A,_,gust 11, 1982. Forty-five (45).sheets. C. -Plan esti tied 1'ei=ni ti:'e Si bdlvislC,n Plan for Dear rill prepared by Frank C. GeMTl as and :ssociates Inc for 'Isitchell _�ohr;Son and Zachary Realty Corporation dated :.pril 26, 1982. Eleven (11) sheets. d. 11::"1_n entitled "Existing Drainage Cnaracteristics of 3 -ear hill" prepared by Frank C. Gelinas and ^.ssociates for Mitchell Johnson and Zac'jary realty Corporation, dated Xarch 25, 1982 and revised -pril 26, 1982. Gr+e (I) sl-eet. o _il = I -_ : v. 1ri`J=_ �.-.� Dy _ rang^C. G if aS ASZ C --G Lor Johnson ane Lacrlary Realty ior?oration., dated ` 4 h 20, 1982 dna rO1•evised April 26, 1982. c sheet.(1) she. f. Pl�-r entitled "Proposed Drainage Characteristics of Bear Hill" prepared by Frank n C. Gelinas and As50CiaLes, Inc. for Mitchell Johnson and Zachary Realty Corporation, dated March 25, 1982 and revised April 26, 1982 and August 101 1982. g. Plan entitled "Site Regradin, Plan - Bear Hill" prepared by Frank C. Gelinas and Associates, Inc. dated yDril 26, 1982, and revised ' May 27, 1982 and August 10, 1982.-- Four (4) sheets. h. Plan entitled "Erosion Control Plan of Bear Hill" prepared by Kaminski, Gelinas and Associates, Incdated June 21, 1982 and revised August 11, 1982. One (ij sheet. i. Plan entitled "Erosion Control Plan Showing Diversion Trench Locations for Bear N:il1" by Frank C. Gelinas and Associates, Inc. dated August 19, 1982. Four (4) sheets. j. Additional plans shoxm street and associated drainage details some untitled prepared by Frank C. Gelinas and Associates, inc. dated April 26, 1982. Sixteen (16) sheets, numbered lA through 16A. k. Letter from Kaminski, Gelinas & Associates, Inc. dated September 1, 1982. _ 12. Any changes in the submitted plans or notice of Intent or changes resulting from the aforementioned conditions shall be submitted to the NACC for approval prior to implementation. If the NACC finds by rnajority vote, said changes to be sig- nificant and/or to deviate from the original plans, Notice of Intent, or this Order of Conditions to such an extent that the interests of the Wetlands Protection Act cannot be pro- tected by this Order of Conditions and would best be served by t�:e issuance of additional conditions, then the NACC will call for another public hearing within 21 day°s, at the expense of the applicant, in order to take testimony from all interested parties. �,i thin 21 days of the close of Said pu5lic hearing, the NACC will issue an aT-lended or Tew Order of Conditions. 13. Loring all phases of constrii<'tion, erosion and siltation measures shall be implemented and maintained in accordance with the tiotice of Intent and sub -mi tted plans referenced in condition llh and Ili. N 14. All erosion prevention T:1_asures, and se6imentation protection C I measures ioun neces sar j% during cops tr Uc Lion -by the NACC, shall- not- be hall be implemEilted at the direction of the i\ACC, including, but not lirited to, the placement of hay bales at potential sedimentation DgintS. 15. Tree applicant shall designate an ezplovee or consultant who sinall be responsible for all site erosion and sedi�a�entatlon control -measures. Said representative shall be identified 1n writing to the NACC prior to starting any work on this project. 16. 'Me applicant shall notify the NACC in writing fourteen (14) days prior to the start of each of the ph`s2s of work described in the construction sequence plan submitted with item llb above. The development of this project shall follow the sequence sub- mitted by the applicant. 17. The drainage easements shown on plans referenced in condition 11 shall be recorded in the Registry of Deeds. The NACC shall be notified in writing when these are recorded. 18. -Prior to the development of the individual lots, site plan review will be required as follows: a. No work will be allowed under this filing on Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 610 62, 63, 64, 66, 67, G, H, and J except as noted on the plans referenced in Condition 11 for co�_ipleting the roads detention areas. A new Notice of Intent will be required for any additional work on these lots. b. The following lots shall require the submission, to the NACC, of a site review plan, which includes all proposed construction, drainage, and grading, prior to the commmence- ment of any work: Lots 14, 15, 18, 19, 24, 25, 26, 31, 37, 65, A, B, C, D, E, and F. c. Development on the following lots ray proceed in accordance with site plans referenced in Condition 11 providing there is no alteration within 50 feet of the wetlands: Lots 9, 10, 16, 20, 22, 45, 46, and 47. d. Development on the remaining lots nots swill not require site review or ?notice of Intent. �r i9. ""le - E bers Oth- �'�_,,rr Silal� ^.^V� t" ri :1L �O enL r uD0 E716 d inSDECt the r-miSeS to evaluate coi'p1i;=P,ces with th s Grder of Cond_`icns. 20. Acc_pte6 engineering and construction standards and procedures shz11 be f ollo�.ed in the completion of the project. 21. Issuance of these conditions does not in any way imply or certify that the site or doU-nstreami areas will not be subject to ilooCin , stop damnaga, or ally other form of dama-e due t0 WFtness. 22. In addition to the requirements of Condition No. 10, the applicant must submit a letter, from a professional registered engineer . certifying compliance with this Order of Conditions. Said letter will certify, but not be limited to, the -following: a. "As -Built" elevations of all drainage ways constructed within 100 feet of any area subject to the Wetlands Protection Act. b. "As -Built" elevations and grades of all filled or altered wetland areas. An "As -Built" topographic plan of all areas w i thi n the jurisdiction of this Order of Conditions must be submitted ;-hen a Certificate of COMDliance is requested. 23. The provisions of this order shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control. 24. The applicant shall notify the NACC in writing any time lot lines or nuIibers are changed in the future. 25. ne applicant shall comply with the requirements of the Town of North Andovers Watershed Zoning By -Law. '?a �'^'..._.. �...✓..- j tC hCZ; 7. G' Cr n__. C_ C_ i' o' ~O'er �n 'v. locz_ed, are h re y r - c`` = ti??�. :i_ to appeal tris o 6;=T oI tie ✓�Eia:�,:.�il` O: i'Vi`O�- .,ental Oua1ity En=�ne�rii Dr0Vlded ^.= reoue✓_ is made _n c:ri tins and bi Ce-tir'ee mai lV to the Deparn�+ Lent tlhin ten (10) drays -from the issuance of th_s order. ISSUED BY NORTH ANDOVER CONSERVATION CO YNISSION On this 8th day of September 19 82 before me personally appeared Anthony Galvagna to me known to be t.e person describe ln, an who execute t e rorego�ng instrument and acknowledged that he executed the same as his free act and ID deed. My Commaission expires -!';i DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO CO�YIENCEMENT OF WORK. To NORTH-N'DOVER CONSERVATION CO',"vfISSION (Issuing A,jthority) PLi::SE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PRCJ=CT AT FI p�Uli 2—�� .2_ , U=.S BEEN, STC � r THE L 2 ._.�.0 .D_D AT �. REGISTRY OF ON If` recorded land t?:e instru.�ent nu fiber which identi�ies this trar.sact_on is IIr reo'_stered lands trie docu:-ent nli,ber which id—ent:-fies 0iis transaction Is S; —led CD ".Pp 1 Zca:;L. OWN OF NORTH ANDOVER `a MASSACHUSETTS Hor; .: CIE, H4R S9 , - N 83 Mr. Daniel Long, Town Town Office Building North Andover, Mass. Ot NORT11 a+��ao • .�.0 FO 9 \. 1SSACMUSEt .J Clerk MFR 2 89a 01845 January 26, 1983 Re: Bear Hill Subdivision - Lots 2 through 6 Zachary Realty Corporation Special Permit - Watershed Dear Mr. Long: The North Andover Planning Board held a public hearing on Monday evening, January 3, 1983 in the Town Office Meeting Room upon the application of Zachary Realty Corporation. The hearing was ad- vertised in the North Andover Citizen on December 16 and 23, 1982 and all abutters were notified by certified mail. The following members were present: Michael P. Roberts, dice Chairman; Walter McDonough, Clerk; Erich W. Nitzsche; and John J. Burke. The petitioner seeks a Special Permit under Section,4.133:of the Zoning By Law so as to permit the construction of a storm water detention pond located within 100 feet of a wetland tributary to Lake Cochichewick on the premises located on the East side of Bear Hill Road and known as Lots 2, 3, 4, 5, and 6 Bear Hill Road. This project is also regulated by the North Andover Conservation Commission under D.E.Q.E. File No. 242-158. The applicant testified, through his engineer, that'the houses are not yet sited and that they will be on municipal sewer and that the granting of said Special Permit will in no way derogate from the intent and purpose of the North Andover Zoning By Law. The site affected is located in the R-2 zoning district, possessing an area of 175,000 + square feet, with 600 + feet of frontage. The proposed -detention pond construction will allow for the development of adjoining up -flow properties, while regulating the rate of storm water run-off to have no increase in flooding potential. The following members were present and voting at the meeting of January 17, 1983 when the Board rendered their decision: Paul A. Hedstrom, Esq., Chairman; Michael P. Roberts, Vice Chairman; Erich Nitzsche; and John J. Burke. 1` RECEIVED Bear Hili Subdivision 0'""''"' Zachary Realty Corp. Tr;'„. Special Permit - Watershed N0F.T,i 0 V E R January 26, 1983 Page 2 XAR 983dR , fQ 9 1 63 Page 2 Upon a motion made by Mr. Roberts and seconded by Mr. Burke, the Board voted unanimously to grant the Special Permit, subject to the following conditions: 1. Only the proposed work shown on a plan entitled "Proposed construction of detention pond, Bear Hill, located in North Andover, Mass.” by Kaminski, Gelinas and Associates, Inc., dated November 24, 1982, is allowed under this Special Permit for construction of a storm water detention pond. 2. Following the completion of the proposed work., an "As Built" topographic plan shall be submitted to the Planning Board delineating all features constructed on Lots 2, 3, 4, 5, and 6. 3. Erosion and sedimentation control measures as required by the North Andover Conservation Commission shall 'remain in place until the vegetation has been thoroughly established for at least one full year from the date of construction or when a Certificate of Compliance has been issued by the Conservation Commission, whichever is sooner. 4. If any unforseen problems and/or erosion occurs during con- struction, -the- Planning Board will be notified so that- - corrective measures can be implemented immediately, thereby; fulfilling the intent of the Watershed District protection by-law, Section 4.133. 5. No work shall begin until the record owner -(s) of the subject land forthwith_ execute and record a "covenant running with the land", or otherwise provide security for the construction of ways and the installation of municipal services within said subdivision, all as provided by M.G.L. Chapter 41, Section 81-U. 6.- Lots 2 through 6 of said subdivision shall not be released from either covenant or security agreement until all work has been properly executed and stabilized. 7. A no cut buffer zone shall exist 25 feet horizontally from the edge of all tributaries in the Watershed, according to Section 4.133, Par. 3(c), unless conditioned upon the granting of a variance from the North Andover Board of Appeals. In granting the Special Permit, the Planning Board finds, pursuant to Section 10.31 of the Zoning By Law that: a) The specific site is an appropriate location for such a use; b) The use as developed will not adversely affect the neighborhood; RECIIVEG DANJ L yin Bear Hill Subdivision Zachary Realty Corp. Nin Special Permit - Watershed ��R f January 26, 19 E 3 �� 59 e83 Page 3 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; and e) The use is in harmony with the general purpose and intent of the Zoning By Law. Sincerely, PLANNING �BOARD Paul A. Hedstrom, Esq., Chairman PAH/jw cc Applicant Building Inspector Board of Health Highway Surveyor Board of Public Works Conservation Commission DEQE Parties in Interest Project Engineer • `" TOWN OF NORTH ANDOVE,-R�:� MASSACHUSETTS �,F`�<<, ✓Jj�,�` P'• E R AUG C ( * O NORTH r � ttiao ,a 1. J 1 1 A�2 L O Z. a 'tSSAC14LJS August 26, 1982 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Re: Bear -Hill Definitive.Subdivision Dear Mr. Long: Attached please find the Planning Board's decision for the Bear Hill Definitive Subdivision Plan. Please note that condition No. 9 (b) has been changed from an 8 inch main to a 12 inch main on the list of conditions submitted to your office on Form,C on August 4, 1982. Sincerely, PLANNING BOARD Jean E. White, Secretary jw cc Applicant Engineer Board of Public Works ''�� ' •-- P6�B�[BG BB�BO • -TOWN OF NORTH ANDOVER -� MASSACHUSETTS An C. 7 � i � j /1 j� •�� MORTM 1 • � i � Of r�ro F w F ' t ♦ ,SS'ECHUSEt� August 26, 1982 Mr. Daniel Long, Town.Clerk Town Office Building North Andover, Mass. 01845 Re: Bear•Hill Definitive Subdivision Dear Mr. Long: The following petition was heard by the North Andover Planninq Board on Monday evening, June 7, 1982 in the Town Office Meeting Room. The following members were present and voting: Paul A. Hedstrom, Chairman; Michael P. Roberts, Vice Chairman; Walter R. McDonough, Clerk; John J. Burke; and Erich W. Nitzsche. The hearing was advertised in the North Andover Citizen on May 13 and 20, 1982 and all abutters were notified by certified mail. The Board rendered their decision on Monday evening, August 2, 1982 following an extension of time from the applicant. The following members were present and voting; Walter F. McDonough; John J. Burke; and Erich W. Nitzsche. Upon a motion made by Mr. Nitzsche and seconded by Mr. Burke, the Board voted unanimously to approve the Plan of Land entitled "BEAR HILL" by Frank C. Gelinas and A.ssoci?tes, dated April 26, 1982 with the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the construction of ways and the in- stallation of municipal services within said subdivision, all as provided by G.L. Ch. 41, Section 81-U. 2. That all such construction and installation shall in all respects conform to the governing Rules and Regulations of this Board. Any subsequent chanoes to the definitive plan by other town agencies, officials, or developer shall be submitted to the Planning Board for approval by the applicant prior to implementation in the field. Notation to be placed on the plan to be recorded. 3. That no work shall be done in the subdivision until security f. "Bear Hill" August 26, 1982 HOS; �;• ; :::.!�•�`�'R Page 2 Aue N Il 15 AM T in the form of a bond or covenant has been duly recorded and the plans are signed and recorded. 4. That all street trees shall conform to the Tree Warden's specifications. 5. A_Certificate of Compliance shall be obtained from the Conservation Commission under File No. 242-158 prior to the release of bond or'covenant for each completed section of the roadway in the Bear Hill Subdivision. 6. If the proposed subdivision isnot serviced by the pro- posed sewer system, then said subdivision shall be re - .submitted to the Planning Board pursuant to M.G.L., Ch. 41, Section 81-W. Notation to be placed on the plan to be, recorded. 7. All lots which cannot be serviced by a gravity sanitary sewer system directly to the street shall not be built upon until written approval is obtained from the Board of Health and the Board of Public Works and shall be submitted to the Planning Board for approval that said lots and/or construction of such do not adversely affect the subdivision drainage system. Notation to be placed on the plan to be recorded. 8. In accordance with the Fire Department's letter dated June 1, 1982: a) All fire hydrants shall be fully equipped with one 42 inch outlet and two 22" outlets. b) The proposed hydrant -at the intersection of Road A and Road C shall be centrally located across from Road C. c) The developer is required to purchase/obtain box num- bers from the Fire Chief, install and wire all fire alarm boxes, including those at the corner of Road A and Road B and Road A and Road C to be in accordance with the approval procedure of the Fire Department. d) Required underground (conduct to weather -head) or aerial wiring is at the applicant's option and shall be carried to a point adjacnet to existing fire alarm system on nearest pole located on Dale Street. e) Connection to fire alarm system shall be done by Fire Department personnel. RcC_:�J "Bear Hill T,rit;';r August 26, 1982 UORT11 ?;',EVER Page 3 AUG 27 1115 AV TZ 9. In accordance with the Board of Public Works Report dated June 4, 1982: a) A 12 inch water main shall be installed on Appleton Street from Salem Street to Dale Street as shown on supplementary plan. Two hydrants shall be installed on this proposed -line, one 500 feet and one 1,000 feet from Salem Street, b) A 12 inch water main shall be installed on Dale Street from Appleton Street as shown on supplementary plan and an additional 950 feet of water pipe and appurtenances shall be provided by the developer and installed by the town further on Dale Street in an Easterly direction to the center of Lot 1, as shown on "Plan of -Land located in North Andover, glass. prepared for Designer Homes by Frank C. Gelinas and Associates, dated July 31, 1981." and endorsed as a Plan Not Requiring Approval by the North Andover Planning Board on August 3, 1981. Fire hydrants shall be installed every 500 feet on Dale Street from the intersection of Appleton Street to the center of Lot 1 as described above. c) An (f) inch water main shall be installed on Appleton Street from the intersection of Dale Street as shown on the supplementary plan and shall extend an additional 1,350 feet further in a Southerly direction on Appleton Street. Fire hydrants shall be installed every 500 feet on Apple- ton Street for the length of the water line. d) All proposed 12 inch water mains on Dale Street and Apple- ton Street shall be tied into existing 6 inch water mains where they cross and at their termini. e) A 12 inch water main shall be installed from Dale Street to Roadway B a distance of 2,440 feet to provide an addi- tional tie in for the proposed reservoir adjacent to this property on Town Farm Hill. f) Any house services in the subdivision which require pressure boosters shall have booster pumps designed by a registered professional engineer and be the responsibility of the homeowner to ensure adequate service and fire protection subject to the approval of the Board of Public Works and the Fire Department. Notation to be placed on the plan to be recorded, g) No pressure boosters shall be installed in any street main. h) A 12 inch water main shall be provided on Roadway B "Bear Hi 11 August 26, 1982 NOR7f•', Page 4 An ZT for an additional distance of 500 feet to land of the Town of North Andover along the 20 foot utility easement shown on Lot 40. i) An 8 inch water main shall be installed on Roadway C. Said main shall be installed 15 feet from the North- erly property line. A fire hydrant shall—also be installed at the end of the cul -de -sac - j) The proposed 12 inch sewer line on Dale Street shall— be installed in the center line of Dale Street and a profile shall be provided. A detail of the brook crossing on Dale Street shall be.submitted. The proposed sewer line shall be installed as deep as Possible to the i6terse.ction of. Appleton Street. Five inch "Y" branches and stubs to the property line shall be installed during construction of sewer line on Dale Street to service existing dwellings, with the exact locations to be determined by the Board of Public Works. All proposed utilities to be constructed on Dale Street and Appleton Street shall be shown with topographic detail on a 40 scale plan for approval by the Planning Board to allow the Planning Board, Board of Public Works, and the Highway Surveyor.to ascertain if all proposed construction will not interfere with existing facilities including but not iircited to public safety and access/egress to private homes. k) Required street profiles shall be on the same sheet as detail plans in item (j). Plan and profiles are to be submitted and approved prior to acceptance of security and construction start-up. 12 1) The proposed ( inch V.C. sewer on Appleton Street shall be installed in the center line of the.street and a pro- file shall be provided. The sewer shall be installed as deep as possible. The sewer on Dale Street may be in- stalled off the center line of the street only if 5 inch stubs are run to the property line for each existing dwelling. Two inch "Y" branches and stubs to the pro- perty line shall be installed during construction of sewer line on Dale Street to service the existing dwellings, with the exact locations to be determined by the Board of Public Works. "Bear Hill „ 1iG..:. August 26, 1982 N0i'I Page 5 AUG 27 11 is AM TZ 10. In accordance with the Tree Warden's letter dated June 1. 1982: a) A bond in the amount of $29,000.00 shall be posted to insure compliance with the Subdivision Control Law governing street trees requirements, subject to in- flation adjustments. 11. In accordance with the Highway Surveyor's recommendations of June 7, 1982: a) Per Order of Condition under Chapter 131, Section 40, zero increase shall be maintained in the Bear Hill Subdivision. b) Any necessary changes in existing street drainage, culverts, or pipe sizes shall be identified and corrective measures shall be the responsibility of the developer with the approval of the Planning Board. c) In the event of a drainage problem on Dale Street, resulting from the Bear Hill Subdivision, the Highway Department will request the developer to purchase and deliver town specified pipe and structures to be in- stalled and upgraded at Morley's property by said department. d) The Appleton Street road widening easements shall be provided along the lots fronting on Appleton Street for the limits of the Johnson property to accomodate a 50 -foot right-of-way for Appleton Street. Road widening at lots F and G is needed. e) A drainage easement with deed(s) and plan from where drainage empties from the 24 inch pipe on Appleton Street and runs toward the old railroad bed area shall be requested from the abbutters; and, if obtained, shall be submitted to the Planning Board for approval. f) Installation of sloped granite curbing on all slopes exceeding 6 percent shall be required, g) Contingent upon final graning of the Dale Street drainage easement on Rand property by Mr. Rand, the applicant shall purchase four structures, con- sisting of two manholes and two catch basins, in - eluding required 18 inch reinforced piping, to replace existing drainage to headwall. The developer, on behalf of the town, shall file a Notice of Intent with the Conservation Commission, and the Highway Department will be responsi-ble for installations of aforementioned materials. "Bear Hill" TrJ; F.K Auqust 26, 1982 NORTii , ;, ,FIVER Pace 6 AUG Zl 11 15 AM TZ 12. The following drainage system shows pipes on slopes creating an excessive flow of 20 feet per second and shall be corrected to reduce velocities to below 10 feet per second: Rif-raf shall be incorporated in endorsed plans by table of contents. a) 24 inch drain - Lot 24 b) 12 inch drain - Lot 63 c) 12 inch drain - Lot 21 d) 15 inch drain - Lot 28 e) Ditch - Lot 24 f) Ditch - Lot 54 13. Sub drains will be installed in all cut areas of 8 feet in height or at locations the Highway Surveyor determines are necessary if conditions are found to be different than on said plans. Notation to be placed on plan to be recorded. 14. Any drainage tying into existing street drainage and/or cul- verts shall require written approval from the Highway Sur- veyor and submitted to the Planning Board prior to commence- ment of any subdivision work. Notation to be placed on plan to be recorded. 15. The drain from the catch basin on Road A at Station 28+0 and drainage from Road A at Station 44+30+ shall be diverted into retention area on Lot 61. Calculate the flood line on Lot 61 to insure that flooding of roadway does not occur and mitigate run off increase to "zero". 16. The drainage from the catch basin on Road C at Station 1+50 shall be diverted into retention area on Lot 64. 17. The applicant shall clear an 18 foot traveled way within the right-of-way between lots 31 and 32 to create a'90 degree in- tersection with Roadway A and a site distance easement shall be shown on the plan to be endorsed with Planninq Board's approval of the clearing. 18. Specifiy on said plans that the 20.foot access/egress easement across lot 26 to land of the Town of North Andover is for the benefit of the town. 19. Delineate the access/egress easement to Frank Kozdras as such and fully dimension such on the plan. • "Bear Hill" August 26, 1982 lr Page 7 V0F;7,; OVER AUG 27 fl 15 AM'81 Notation to be placed on plan for recording that specified lots 22 to 26 inclusive have said easement for the benefit of Frank Kozdras. 20. All easements, including the cul-de-sac on Lot A, shall be fully dimensioned on the plan and submitted in recordable form deeded to the Town of North Andover prior to acceptance of covenant and security. - 21. Lot A shall have sufficient area to meet the Zoning By Laws in the event the cul-de-sac should become permanent. 22. The pavement width .on Appleton Street from Dale Street Easterly to and including Lot A shall be constructed a minimum of 20 feet, a maximum of 22 feet, with the exclusion of the cul-de-sac. 23. Submit complete design specifications and grading plan of Duplex Pump Station of Lot 25 for approval by the Planning Board. Specifications and design shall be in accordance with the Board of Public Works requirements and applicant must submit approval of Board of Public Works to Planning Board prior to release of any lots on Road C. Notation to be placed on plan to be recorded. 24. A notation shall appear on the plans to be recorded, along with watershed line, that, "so much of the land that falls within the watershed zone and where applicable, Section 4.133 of the Town of North Andover Zoning By Laws is subject to Board of Appeals and/or Planning Board approval". 25. All areas between the extension street lines and the curb lines of the roadways shall be graded, loomed, and seeded or paved in the occurance of a driveway so that the finish grade at the exterior street line shall be 8 inches higher than the edge of pavement. Where the treated portion of the right-of-way is less than 50 .feet, a slope easement will be granted to the Town of North Andover for that portion_ less than '50 feet. A minimum of 42 feet will be treated and maintained. 26. Delineate the lotting sheets of index map. 27. If proposed subdivision is to be completed in phases, separate completion dates shall be imposed for each phase as they are initiated. 28. All improvements in said subdivision shall be completed no later than two (2) years from construction start-up of each phase. ° "Be-ar Hill August 26, 1982_` Page 8 R AUG �s All 18Z 29. The finalized sedimentation and erosion control program shall become part of -said subdivision and will be documented in written form according to construction schedule, sediment basins, and retention areas as presented June 21, 1982. Said plan shall be incorporated in endorsed plans by table of contents. A performance bond shall be retained. Notation to be placed on plan to be recorded. 30. Any deeds) conveying out a lot shall contain and be subject to a condition reserving the fee in the roadways to the owner/developer of record. Notation to be placed on plan to be recorded. 31. Any proposed work on Road C- at cul-de-sac off property will require North Andover Associates written permission. Notation to be placed on plan to be recorded. Note; the applicant/developer/owner should be aware of the fact that approval of this subdivision under the Planning Board's Rules and Regulations wi-1 not relieve said parties of responsibility of other property owners upon whose land is affected by indirect or direct stormwater discharge. Note; Items 9 (b), 9 (c) and 9 (1) will be subject to discussion - by the Planning Board. jw (Plan to follow) Sincerely, PLANNING BOARD 0u5j,. r- , X-6 ro Walter R. McDonouh, Clerk