HomeMy WebLinkAboutMiscellaneous - Exception (207)i
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11/17/00
Town of North Andover
Office of the Planning Department
Community Development and Services Division
William J. Scott, Division Director
27 Charles Street
North Andover, Massachusetts 01845
Heidi Griffin
Planning Director
Any appeal shall be filed
Within (20) days after the
Date of filing this Notice
In the Office of the Town
Clerk
NOTICE OF DECISION
Telephone (978) 688-9535
Fax (978) 688-9542
Date: November 17, 2000
Date of Hearing: October 3, 2000,
October 17, 2000 and November 14, 2000
Petition of Tara Leigh Development, LLC
185 Hickory Hill Road, North Andover, MA 01845
Premises affected: Renshaw Property -Bradford Street
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Referring to the above petition for a Watershed Protection District Special Permit. The application
was noticed and reviewed in accordance with the procedures for approval described in Section 4.136,
10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9.
So as to allow: certain work related to the development of a seven lot residential subdivision within
the Non -Discharge and Non -Disturbance Zone of the Watershed Protection
District.
After a public hearing given on the above date, the Planning Board voted to APPROVE the
watershed special permit, based upon the following conditions:
CC: Applicant
Engineer
Signed 6_�,�a' Ut
Alison Lescarhean, Chairman
John Simons, Vice Chairman
Alberto Anglers, Clerk
Richard Nardella
Richard Rowen
William Cunningham
1
BO.�RD t i .`. PE `T S 648-95 11 81 3LDING 658.9515 COi�'•SERV.kT ION 6S$-9530 HEr`L H 6S3-95-0 PLAIiJ iNu oS°
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Lots 1-7 Hawk Ridge Road
Special Permit - Watershed Protection District
The Planning. Board, by unanimous vote, hereby grants the Watershed Protection District Special
Permit, and makes the following findings based on the application of Tara Leigh Development
Corporation, LLC, 185 Hickory Hill Road, North Andover, MA 01845, who submitted this
application on September 1, 2000. The applicant submitted a complete application which was
noticed and reviewed in accordance with Section 4.136, 10.3, and 10.31 of the Town of North
Andover Zoning Bylaw and MGL c.40A, sec. 9. The area affected is located off Bradford Street
in the R-1 Zoning District and is identified in the Assessor's Map and Parcel Numbers shown on
the plans cited in Special Condition #I below. The applicant is requesting a watershed special permit
to permit certain work related to the development of a seven lot residential subdivision shown on the
plans in Special Condition #1 below within the Non -Discharge and Non -Disturbance Buffer Zone of
the Watershed Protection District. Specifically, work within the Non -Disturbance Zone will include
stormwater management including surface and subsurface discharge, drainage pond outlet, and
associated grading. No homes, impervious areas or driveways of any kind have been proposed within
this zone. Work within the Non -Discharge Zone will include the roadway (Hawk Ridge Road),
driveways, homes, utilities, associated fieldstone walls and site grading. Additional work in the Non -
Discharge Zone includes stormwater management as surface and subsurface discharge, drainage pond
outlet and associated grading.
FINDINGS OF FACT:
In accordance with Section 4.136 of the Zoning Bylaw, the Planning Board makes the finding that the
intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds:
1. That as a result of the proposed construction in conjunction with other uses nearby, there will
not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Beard bases its findings on the following facts:
a) The proposed dwellings will be connected to the Town sewer system;
b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the
site.
c) The topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary to construct the structures and
appurtenances;
e) A construction phasing plan and emergency response plan are provided.
2. There is no reasonable alternative location outside the Non -Disturbance Buffer Zone and Non -
Discharge Zone for any discharge, structure or activity, associated with the proposed project.
All homes, impervious areas and utilities are shown in areas that are allowed by right under
Section 4.136 of the North Andover Zoning Bylaw. The stormwater management facilities
have been located as to minimize the grading and earthwork required to complete the project
and restore vegetative cover as quickly as possible.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following findings -
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a) The specific site is an appropriate location for the proposed use as all feasible storm water
and erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the lots are located in a residential
zone;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the proposed
use;
e) The Planning Board also makes a specific finding that the use is in harmony with the
general purpose and intent of the North Andover Zoning Bylaw since the use meets all the
performance standards and criteria of the Zoning Bylaw described above.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following conditions:
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
a) Plan titled: Hawk Ridge Subdivision
Bradford Street
North Andover, Massachusetts 01845
Assessors Map 62, Lot 5, Assessors Map 61, Parcel 9,
Assessors Map 61, Parcel 81, Assessors Map 61, Parcel 82
Dated: October 18, 2000, revised October 24, 2000
Applicant: Tara Leigh Development, LLC
Civil Engineer: MU Design Consultants, Inc.
103 Stiles Road, Suite One
Salem, NH 03079
Sheets: 1-26
Scale: 1"=40'
b) Plan titled: Hawk Ridge PRD Special Permit
Streetscape and Buffer Plan, Lighting Facilities Plan, Landscape
Details, Proposed Wildlife Pond, Conservation Commission Details
North Andover, Massachusetts 01845
Dated: October 25, 2000
Applicant: Tara Leigh Development, LLC
Sheets: 1-5
Scale: 1"=50'
Landscape Architect: Huntress Associates, Inc.
Landscape Architecture & Land Planning
17 Tewksbury. Street
Andover, MA 01810
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C) Report titled: Stormwater Management Report for
Hawk Ridge Subdivision, Bradford Street
North Andover, MA 01845, MHF #103100
Prepared by: Mf -IF Design Consultants, Inc.
103 Stiles Road, Suite One
Salem, NH 03079
Dated: August 31, 2000, Revised October 20, 2000
d) The Town Planner shall approve any insubstantial changes made to these plans and
reports. Any changes deemed substantial by the Town Planner shall be presented to the
Planning Board for a determination of whether such changes would merit a public meeting or
hearing and/or modification of the Special Permit by the Planning Board.
2) Prior to any work on site:
a) A performance guarantee of ten thousand dollars ($10,000) in the form of a check made out
to the Town of North Andover must be posted to insure that construction will take place in
accordance with the plans and the conditions of this decision and to ensure that the as -built
plans will be submitted.
b) The limit of work as shown on the plan by the erosion control line must be marked in the field
and must be reviewed and approved by the Town Planner.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner.
d) The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission, Board of Health, and the Department of Public Works and be in
compliance with the above permits and approvals.
e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division
of Public Works.
fl A construction phasing plan and emergency response plan are required to be provided to the
Town Planner prior to any construction commencing.
3) Foundation Plan: Immediately upon completion of the dwelling foundation and prior to further
construction activities associated with the site, the applicant shall complete a plan prepared by a
Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location
and its proximity to wetland resource areas and watershed buffer zones as shown on the approved
Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify that
the setback limits under the special permit have been met.
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4) Upon application of building permit:
The applicant shall adhere to the following requirements of the Fire Department and the
Building Department:
a) 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 each residential
system must also be supplied to the Building Department.
5) Prior to verification of a Certificate of Occupancy -
a) 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 above referenced regulations must be provided from both the North
Andover Fire Department and the North Andover Building Department.
6) After conveyance of each Residential Lot:
a) The Town Planner shall be provided with a copy of the deed to each residential lot which shall
include a deed restriction which provides that no pesticides, fertilizers or chemicals shall be
used in lawn care or maintenance for that lot.
7) Prior to release of the Performance Bond:
a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including sewer lines, storm water mitigation
trenches and other pertinent site features. This as -built plan shall be submitted to the Town
Planner and the Department of Public Works for approval. The applicant must submit a
certification from the design engineer that the site was constructed as shown on the approved
plan -
b) The Planning Board must by a majority vote make a finding that the site is in conformance with
the approved plan.
8) In no instance shall the applicant's proposed construction be allowed to further impact the site than
as proposed on the plan referenced in Condition # 1.
9) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
10) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
11) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
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12) This permit shall be deemed to have lapsed after a two- (2) year period from the date
on which the Special Permit was granted unless substantial use or construction has co enced.
cc: Applicant
File
TOWN OF NOItT11 AN DOT4It
H A S S A C H U S E T T S
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
in the Office of the Town
Clerk.
M0RI
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NOTICE OF DECISION
J
March 8, 1991
Date.- „
Date of Hearing ,.MArch 7. 1.9'91:...
Petition Of George• R. Barker, Jr. . ............ . • • • • , • . .. • ..
Premises affected ,ioeated, pp. the,Ngrtth ,side of tarker Street , ... • .
Referring to the above petition for a special permit from the lry.yizcr!et�13
of the . Vv1;th .Andover. 7-pnjuQ.4Ylaw .:.SggtipA 33.5. . *Qdtf ig4t;�gi4 .-. P] am�� � .ties itis}t=i al
Development (PRD).
SO as t0 permit At}e reductipp. in. thg . }umber of, dwelling, units .from S6 to
. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning vuleci
CONDITIONALLY
tO APPROVE......... the . Special. Permit .Mod!.£i.ca Uon................... ....... .
CC: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessros
Police Chief
Fire CHief
Applicant
Engineer
File
Interested Parties
based upon the fullo�vijlg cvj►(:litioiis :
Signed
GeoLge .R.. Perna,. Jr., . Chairman ...
;IpppPli. ..........
John. Draiper.....................
Richard Nardella
.............................
K kREN H.P. NELSION
Director
BUILDING
CONSERVATION
PLANNING
OF
?�n Town of
NORTH ANDOVER
@e4CMUst4 DIVISION OF
�y-
• PLANNING & COMMUNITY DEVELOPMENT
Mr. Daniel Long,
Town Clerk
Town Building
120 Main Street
North Andover, MA 01845
Dear Mr. Long:
March 8, 1991
(508) t32-6983
Re: Special Permit i .J-)
Modification -.Hickory Hill
Estates
The North Andover Planning Board held a public hea.ring on
March 7, 1991 upon the application of George R. Barker, Ji., 1267
Osgood Street, North Andover, MA., requesting modification; to an
approved Special Permit, dated September 23,1988, for Hickory Bill
Estates PRD (Planned Residential Development under Section 8.5 of
the North Andover Zoning Bylaw). The public hearing was duly
advertised in the Lawrence Eagle Tribune on February 21 and
February 28, 1991 and all parties of interest were duly notified.
The following members were present and voting: George Perna,
Chairman, John Draper, Joseph Mahoney and Richard Nardella. John
Simons was absent.
The petitioner seeks an approval to modify the special permit
by reducing the number of dwelling units from 56 to 40 dwelling
units. The premises affected are located on the North side of
Barker Street in a Residential 1 (R-1) and Residential 2 (R--21)
Zoning District on approximately 84 acres.
Richard Nardella read the legal notice to open the public -
hearing.
Christian Huntress stated that this project was, oricjin---lJ.ly
approved through the Special Permit process in Septi-ml'er of 1:!3;'.
The original approval called for construction of 56 d,,7, l lirlcf ur:it-
in a site planned PRD or condominium style development. Directly
after the approval of the original Special Permit the appl i(,;_,nt
constructed part of the roadway and all utilities.
Mr. Huntress' went. on to say that due to the nature of the
economy at the present time the condominium sc1r111e Baa:: not
feasible. The applicant has redesigned the project as a
Subdivision PRD with half acre lots and 100 feet of frontage. 1'1,i.:;
type of PRD is allowed through Section 8.5 of the Zoning D,,, -law and
is the subject of the modification before the Board this evening.
Page 2:
George Perna asked if the Technicai Review Co-mmi.tt:-:
reviewed the modification. Christian Huntress stated that t:11-
had reviewed the proposed changes and found that this modiiic,,L:i.o„
was a down scale in overall project development. The drainalgi.-
structures, roadways, and all utilities designed for the original
approval would be more than adequate to provide service to the PIRD
as modified in this application. This modification will. create
less of a traffic impact, sewage output and overall dependance. iy,l
town services than the previous configuration.
Mr. Alfred Shaboo of Design Engineering was preseIc
representing Mr. Barker. Mr. Shaboo reviewed concerns crhich lead
been previously raised by staff and they are as follows:
1. It is the Town's intention that this roadwlay shau]d
remain as a private way. Please present draft de�.-.,1
restrictions which would address this concern.
2. Through the initial approval of this PRD the Planning
Board reviewed and approved proposed facades for t.ti+,
dwelling units. In an effort to retain architectural
unity the Board would like to have the applicant dY.-:f.t-
restrictive covenants which will focus the house d1'sigi.
to a specific form and style of architecture. Thesf:
covenants should be enforceable by the applicant at thy-
time of construction.
3. A question has been raised as to whether an applical-ion
for approval of a Definitive Subdivision will be required
to create the lots as shown on the modified site plan.
I have requested that Town Counsel review this issue and
report to the Planning Board.
4. A "No Cut Line" should be shown on the plans. Th3ss 1.ine
should be placed just outside the limit of work nece�-�ary
for the construction of the roadway, dwellings and all
clearing associated with drainage.
Mr. Huntress presented the Board with a draft set of twenty
four conditions prepared by Staff.
Mr Shaboo stated that he has presented draft covenants:> a�
requested to Staff. Christian Huntress stated that Town Counsel
will review the documents and report to the Planning Board. Ally
conditional approval granted could condition that these docufnent- -
be approved in form by the Planning Board prior to final release.
Page 3:
Christian Huntress stated that Counsel has verbal..y aclvise(i
Board to require a Definitive Subdivision Application for recording
purposes. The creation of individual lots can only he recorded
through a Definitive Subdivision or an Approval Not. Required
application. Therefore, the filing of a Definitive Subdivision
application shall be required.
George Perna questioned the cul-de-sac which is shown on t-lxe
plans for phase one of this modification. Alfred Shaboo stated
that this is a temporary structure which will be removed when phase
two is constructed. Mr. Perna expressed his concerns that the cul -
de -sac should remain to provide parking for residents who dish to
use the access to Mazurenko Farm located directly off the roadway
at this location. Mr. Shaboo told the Board that the land on which
the cul-de-sac is located will become part of a buildable lot in
phase two of this modification. The Board asked that the
possibility of parking be reviewed and finalized at the time of the
Definitive Subdivision hearing.
Mr. Shaboo reviewed the no cut line and stated that the lint
is established as the Board had asked.
Joseph Mahoney expressed concern with the protective covenant.
drafts presented. Christian Huntress stated that the covena=its
will be submitted to Counsel for final review and approval. Mr.
Mahoney also asked why condition number 17 referred to Chapter 61A.
Mr. Huntress stated that this property was receiving protection
under 61A as an agricultural use and that development of this
parcel will require that the applicant follow all guidelines
associated with that statute.
George Perna then asked for any public input or concern. 11r.
Shaboo questioned the need for condition number 10d. Cori. s ti an
Huntress informed the Board that this was a condition of the
original Special Permit approval granted on September 23, 1988. At
the time, Chief Dolan of the NAFD, had recommended the use of
residential fire sprinklers. The Board was unwilling to waive this
requirement without input from the Fire Department. t -1r. Shaboo
stated that he had no real problem with the condition but felt he
had to ask the Board to at least consider removing this item from
the conditions. The Board did not remove this condition.
At this time Christian Huntress asked the Board to make thf�
following amendments to the draft conditions:
a. Condition
number 19 add the
following
wording: "'file
covenants
as listed in this
condition
and c,undition
number 18
shall be approved in
form by the
Planning Board
prior to
endorsement of the
Definitive
Subdivision ai,
referenced in condition number 25."
Page 4:
b. Condition number 25 shall be added which reads
follows: "The applicant shall apply for a Definit7,T(
Subdivision showing lots conforming with dimensional
requirements found in Section 8.5 of the Zoning Bylaw."
C. Condition number 26 shall be added which reads as
follows: "Construction shall commence within two (2)
years and be completed within five (5) years from the
date of this approval."
George Perna asked if there was any further input from eith 1,
the applicant or the public. Upon receiving no further input Ili.
Perna asked the Board for a motion to close the public hearing.
On a motion made by Richard Nardella, and seconded by John
Draper, the Board voted unanimously, including the Chai-.rman, to
close the public hearing and take the matter under advisement.
On a second motion made by Joseph Mahoney and seconded 1.)-�
Richard Nardella, the Board voted unanimously, including the
Chairman, to approve the modification of the original Special
Permit issued on September 23, 1988 for Hickory Hill Estates, with
conditions as drafted by Staff and amended by the Planning Board.
Attached are those conditions.
Sincerely,)
�e`oreeriia,"r. , `�
Chairman
CC: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
'Police Chief
Fire Chief
Applicant
Engineer
File
HICKORY HILL ESTATES, PRD MODIFICATION
Special Permit Modification.
The Planning Board herein modifies the original Special. PC-Irmit
issued for Hickory Hill Estates, dated September 23, 1988. The
Planning Board makes the following findings regarding this
Special Permit Modification as required by sections 8.5, 10.3 and
10.31 of the North Andover Zoning Bylaw:
A. The specific site is an appropriate location for such Use,
structure or condition;
B. The use as developed will not adversely affect the
neighborhood;
C. There will be no nuisance or serious hazard to vehicles or
pedestrians.
D. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
E. The application before us is in harmony with the general
purpose and intent of this Bylaw.
The Planning Board also makes the findings under Section 8.5 of
the Zoning Bylaw that this PRD is in harmony with the general.
purpose and intent of the Bylaw an(3 that the PRD contains
residential development and open space in a variety to be
sufficiently advantageous to the Town and promotes the public
health, safety and general welfare of the citizens of the Town of
North Andover which renders it appropriate to depart from the
requirements of this bylaw otherwise applicable to the Zoning
Districts in which the parcel is located. In particular, the
Planning Board finds that this project will:
A. Promote the more efficient use of land in harmony with its
natural features;
B. Encourage the preservation of open space;
C. Protect waterbodies and supplies, wetlands flood plains,
agricultural lands, wildlife, and other natural resources
including maintaining the quality of water contained in Lake
Cochichewick.
D. Permit greater flexibility and more attractive, efficient,
and economical design of residential developments;
E. Facilitate economical and efficient provision of utilities;
F. Meet the Towns housing needs by promoting a diversity of
housing types.
Finally, the Planning Board finds that the PRD complies with Town►
Bylaw requirements so long as the following additional conditions
are complied with. Therefore, in order to fully comply with the
approval necessary to construct the PRD as specified in this
Special Permit Modification before us the Planning Board herein
grants this modification provided the following conditions are
met:
1. This approval is for work to take place within phase one:of.
the proposed PRD as modified herein and shown on the
following plans:
Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS
HICKORY HILL ESTATES.- P.R.D. (APPROVED)
NORTH ANDOVER, MASSACHUSETTS 01845
Dated: FEBRUARY 1, 1991
Revised: FEBRUARY 25, 1991
Prepared By: DESIGN ENGINEERING
P.O. BOX 516
NORTH ANDOVER, MA. 01845
TELE. (508) 683-3893
Client: GEORGE R. BARKER JR.
1267 OSGOOD STREET
NORTH ANDOVER, MA. 01845
Sheets: ONE THROUGH FIVE (1 - 5)
2. Conditions one (1) through seven (7) as listed in the
original Special Permit, approved 9/23/88, shall remain in
full force and effect. The extent and natural of the
Perpetual Conservation Restriction shall remain as origi=dally
approved.
3. In order to meet the boards goal of minimizing site
disruption, visual impact of the project and soil erosion on
the hilly site, a no cut line has been placed upon the
revised plans. Any clearing beyond the limits of the no cut
line shall be subject to reforestation under section 5.8 of
the North Andover zoning Bylaw.
4. In the proposed phase two (2) of this modification which must
also come before the Planning Board, the applicant shall
provide an easement to the Town of North Andover to allow for
access to public lands located at the Mazarenko Farm. The
easement shall be 10' wide and indicated on the plan with
the following language:
"A public access easement granted to the Town of North
Andover to.allow for access to public lands located at the
Mazarenko Farm."
An easement document shall be prepared by the applicant at
the time of filing for phase two (2) of this PRD and.that
document shall be recorded with the registry of deeds.
5. A 50' wide buffer area shall be provided from the perimeter
of the parcel line which contains the proposed construction,
as required by Section 8.5 6(d). No pavement, cutting or.
grading shall be allowed in this buffer area.
6. A 20' wide sewer and water easement to allow the extension of
these services to the land N/F of Carter shall be shown on
the plan in accordance with the requirements of the Division
of Public Works.
7. The roadway and driveway shall not exceed grades of ten
percent (10%). The board shall allow these steep grades in ai-►
effort to minimize the disruption of the existing contours of.
the land.
8. The applicant shall adhere to Section 4.2 (Phased
Development) of the existing bylaw.
9. Any action by a Town Board, Commission or Department which
requires changes in the roadway alignment, placement of any
easements or utilities, drainage facilities, or changes in
the grading, no cut line or perpetual conservation
restriction shall be resubmitted to the Planning Board for
review.
10. The applicant shall adhere to the following requirements of
the Fire Department:
a. Open burning is permitted by permit only after.
consultation with the Fire Department.
b. Underground fuel storage will only be allowed in
accordance with Town Bylaws and State Statute and only
with the review and approval of the Fire department and
Conservation Commission.
C. Lot numbers are to be posted clearly during construction
and permanent house numbers prior to occupancy.
d. All structures shall be required to -contain residential
fire sprinklers systems in conformance with the North
Andover Fire Department.
11. The applicant shall adhere to the following requirements of
the Police Department:
a. Adequate site distance shall be maintained at the exit of
the project onto Barker Street.
b. Appropriate signs shall be placed on Barker Street
informing motorists of the intersection.
c. A "STOP" sign shall be placed as the proposed roadway
exits onto Barker Street.
12. There shall be no burying or dumping of construction material
on the site. Also, there shall be no burying of tree stumps
in the Watershed District.
13. All lighting for this project shall be reviewed by the
Planning Board.
14. The public access easement shown on the plans shall be
adequately marked with wood poles starting at its barker
street entrance. These markings shall be in the form of
wooden poles placed every 500 feet along the roadway. These
poles shall be 4 feet in height and shall contain the
following language:
"Public access to Mazarenko Farm, Town of North Andover."
Other language as approved by the North Andover Conservation
Commission may be used.
The purpose of this condition is to notify the citizens of
the community of the existence of the access easement and
help guide their journey to Mazarenko Farm through this
project.
15. Any signs utilized for this project must obtain a sign permit
as required by Section 6 of the Bylaw.
16. The applicant shall provide a water connection'to French Farm
Village Subdivision in accordance with the standard of the
N.A.D.P.W.. The applicant shall provide signed easements
including those from abutting property owners.
17. Prior to the sale or development of the project, the
applicant shall adhere to the requirements of M.G.L.
Chapter 61A.
18. In no instance shall the proposed roadway be deemed as a
public way, accepted by the Town or receive Town services
such as plowing or trash pickup. All Emergency services such
as fire and police shall be afforded to this roadway. The
applicant shall record restrictive covenants for each
individual lot which states that the property fronts on a
private way and as such the property owners shall be
responsible for roadway maintenance, plowing and trash
pickup.
19. Due to the nature of the PRD bylaw the applicant shall record
restrictive covenants which will insure that the
architectural style of the proposed structures shall be
uniform in design.
20. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
21. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
22. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
23. Prior to a Certificate of Occupancy being issued for any
structure on this lot, this site shall have received all
necessary permits and approvals from the North Andover
Board of Health.
24. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
. on Definitive Subdivision Plan entitled: .
Definitive Cluster Subdivision of'Hickory Hill Estates
.F
$y= Design Engineering/Scott L. Giles RLS dated March 11, 199 �Fi 19-.�:-,!I1
The North Andover Planning Board has voted to APPROVE said plan, subject to the
` following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
division, all as provided by G.L. c. 41t S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board# no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
SEE ATTACHED 14 CONDITIONS
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
Date: _ March 28, 1991
FORTH P'2 KING 0ARD
• George D. eerna, Jr., Charman
By --
HICKORY HILL DEFINITIVE SUBDIVISION
CONDITIONAL APPROVAL.
(1) There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall be thy}
developers responsibility to assure the proper placement of
the driveways regardless of whether individual lots are
sold. The Planning Board shall require any driveway to be
moved at the owners expense if such driveway is at a catch
basin or stone bound position. Certification to the
Department of Public Works by a Certified Professional
Engineer shall be required prior to the issuance of a
certificate of occupancy.
(2) All drainage facilities including detention basins, shall be
constructed and erosion controlled prior to any lot release.
(3) An as -built plan and profile shall be submitted for review.
and approval. A certified interim as -built verifying that
all utilities have been installed in accordance with the
plans and profile shall be submitted prior to the
application of the binder coat of pavement. In addition, all
required inspection and testing of water, sewer, and
drainage facilities shall be completed prior to binder
course paving.
(4) All Planning Board order of conditions are to be placed upon
the recorded Definitive Plan, ( Cover Sheet ) prior to
endorsement and filing with the Registry of Deeds.
(5) All lots shall have received all necessary permits and
approvals from the North Andover Board of Health and
Conservation Commission.
(6) All catch basins shall be protected with hay bales to
prevent siltation into the drain lines during road
construction.
(7) No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
(8) No underground fuel storage shall be installed except as may
be required by Town Regulations.
(9) Lot numbers shall be posted prior to any lot receiving a
permit to build
(10) Permanent house numbers will be posted on dwellings prior too
occupancy.
(11) All lots shall have residential fire sprinklers installed
prior to the issuance of the Certificate of Occupancy, per
order NAFD.
s
(12) Prior to construction, a stop sign shall be placed at the
intersection of Barker Street and the proposed access road.
Per order N.A.P.D.
(13) This Definitive Subdivision approval is based upon a Special
Permit Modification granted under section 8.5 of the North
Andover Zoning Bylaw, dated March 11, 1991. The Special
Permit Modification is based upon the following plans:
Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS
HICKORY HILL ESTATES - P.R.D. (APPROVED)
NORTH ANDOVER, MASSACHUSETTS 01845
Dated: FEBRUARY 1, 1991
Revised: FEBRUARY 25, 1991
Prepared By: DESIGN ENGINEERING
P.O. BOX 516
NORTH ANDOVER, MA. 01845
TELE. (508) 683-3893
Client: GEORGE R. BARKER JR.
1267 OSGOOD STREET
NORTH ANDOVER, MA. 01845
Sheets: ONE THROUGH FIVE (1 - 5)
Any changes to the above referenced Special Permit
Modification or the record plans may be subject to
Modification under Chapter 41 of the Massachusetts General.
Laws.
(14) The following plans shall be deemed as part of this
decision:
Plans entitled: DEFINITIVE CLUSTER SUBDIVISION OF HICKORY
HILL ESTATES - P.R.D. MODIFIED.
Drawn for: GEORGE R. BARKER, JR.
1267 OSGOOD STREET
NORTH ANDOVER, MA. 01845
Dated: MARCH 11, 1991
Prepared by: DESIGN ENGINEERING
P.O. BOX 516
NORTH ANDOVER, MA 10845
SCOTT L. GILES, R.L.S.
50 DEER MEADOW ROAD
NORTH ANDOVER, MA. 01845
cc: Director of Public Works
Board of Public works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
:#
TOWN OF N011TI1 AN 1)O'V41t �-
' ,1�"
,�pRTI. ' , Al
01
Any appeal shall be filed
within (20) days after theD�
:. opt n 7
nie Lorg,
date of filing of this Notice �., .. •:;y i'own Clerk
in the Office of the Town
Clerk.
NOTICE OF DECIS1014
ATTEST:
A True Copy
r �y
Gy
March 8, 1991 Town Clerk
Date.............................
Date of Hearing • . M11rch 7, 1991. .
Barker
Petition of .. George...... ............•.••.•..••.•.•.•••••..••..•.•••• • .
Premises affected .]Acepted. pp. thg.North ,side of Barker, Street, , . , , , • , . • .... , . .
Referring to the above petition for a special permit from ti►e i-e(p6reme.((t.s
of the
Development (PRD).
so as to permit .t)Ie reductipp, in, the .t}tunber of, dwelling, enits ,from ,5G to, 4p,... .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Plaiicihig Board voted
CONDITIONALLY
to APPROVE ......... tile . Special. Permit .Modi.f_Lcaf_; on .............................
CC: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessros
Police Chief
Fire CHief
Applicant
Engineer
File
Interested Parties
based upon the folloWhig conditions:
Signed
i
Geozge, It.. Perna,. Jr., . Chairman ...
Jo.Seph. t409inY ..................
John .Draper.....................
Richard Nardella
KAREN H.P. NEI -SON Town of
D`'Y`10' - NORTH ANDOVER
BUILDING�' ab
sQ�� DIVISION OF
CONSERVATION
PLANNING PLANNING & COMMUNITY DEVELOPMENT
Mr. Daniel Long,
Town Clerk
Town Building
120 Main Street
North Andover, HA 01845
Dear Mr. Long:
120 iM,'ilit
(508) 682.6183
March 8, 1991
Re: Special I'r"::lit 11;i+
Hodification lli(�.l:Ory If'i l l
Estates
The North Andover Planning Board held a pulili.c
March 7, 1991 upon the application of George R. Barker.,
Osgood Street, North Andover, I -IA., requesting moditic:atic1l,:-' t;.: _:Il
approved Special Permit, dated September 23, 1988, jr-.r Hickory '! 1 1
Estates PRD (Planned Residential Development undccr SQction f,.': of
.the North Andover Zoning Bylaw) . The public hearing �i_ts dl.,ly
advertised in the Lawrence Eagle Tribune on February 21 ,)d
February 28, 1991 and all parties of interest were duly nor.if.i•:,i.
The following members were present and voting: Gf_orge
Chairman, John Draper, Joseph Mahoney and Richard Nardella. J, -)I,:,
Simons was absent.
The petitioner seeks an approval to modify the spec_ [.-il I ::: i t.
by reducing the number of dwelling units from 56 to 40 dwelling
units. The premises affected are located on the Ilc tll s_ i:l of
Barker Street in a Residential 1 (R-1) and Residential 2 (R-2)
Zoning District on approximately 84 acres.
Richard Nardella read the legal notice to open the public
hearing.
Christian Huntress stated that this project Qr i'ii II.. -Illy
approved through the Special Permit process in September of 1.988.
The original approval called for construction of 56 dwelling ul:its
in a site planned PRD or condominium style development. Directly
after the approval of the original Special Permit the aI)l)l it�allt
constructed part of the roadway and all utilities.
Mr. Huntress went on to say that due to the nature of t11-
economy at the present time the condominium scheme "W-` 111;t
feasible. The applicant has redesigned the project as a
Subdivision PRD with half acre lots and 100 feet of trontacle. 1'lai.s
type of PRD is allowed through Section 8.5 of the Zoning Bylaw incl
is the subject of the modification before the Board this ev,'Ili1I(J.
Page 2:
George Perna asked if the Technical Review Cowmitt,:P- .11ad
reviewed the modification. Christian Huntress stated that the TRC
had reviewed the proposed changes and found that this inodification
was a down scale in overall project development. The drainage
structures, roadways, and all utilities designed for the original
approval would be more than adequate to provide service to the PRD
as modified in this application. This modification will create
less of a traffic impact, sewage output and overall dependance oil
town services than the previous configuration.
Mr. Alfred Shaboo of Design Engineering was present
representing Mr. Barker. Mr. Shaboo reviewed concerns which had
been previously raised by staff and they are as* follows:
1. It is the Town's intention that this roadlaay shn'111-1
remain as a private way. Please present draft deed
restrictions which would address this concern.
2. Through the initial approval of this FRU the Planning
Board reviewed and approved proposed facades for the
dwelling units. In an effort to retain architectural
unity the Board would like to have the applicant draft
restrictive covenants which will focus the house design
to a specific form and style of architecture. These
covenants should be enforceable by the applicant at the
time of construction.
3. A question has been raised as to whether an application
for approval of a Definitive Subdivision will be required
to create the lots as shown on the modified site pian.
I have requested that Town Counsel review this issue and
report to the Planning Board.
4. A "No Cut Line" should be shown on the plans. This line
should be placed just outside the limit of work necessary
for the construction of the roadway, dwellings and all
clearing associated with drainage.
Mr. Huntress presented the Board with a draft set of tWetlty
four conditions prepared by Staff.
Mr Shaboo stated that he has presented draft covenants as
requested to Staff. Christian Huntress stated that Town Counsel
will review the documents and report to the Planning board. Any
conditional approval granted could condition that these documents
be approved in form by the Planning Board prior to final release.
Page 3:
Christian Huntress stated that Counsel has verbally <<_Ivi:.:•.:.i t _
Board to require a Definitive Subdivision Application for ret<•:•:tlr!g
purposes. The creation of individual lots can only
through a Definitive Subdivision or an Approval Not. kequir-_d
application. Therefore, the filing of a Definitive 'Subdivi•ion
application shall be required.
George Perna questioned the cul-de-sac which is shov.n )n th;2
plans for phase one of this modification. Alfred Shaboo
that this is a temporary structure which will be remov: d krlien
two is constructed. Mr. Perna expressed his concerns th;tt the
de -sac should remain to provide parking for re -:idents whij Irish t.o
use the access to Hazurenko Farm located directly off the roadwa
at this location. fir. Shaboo told the Board that thi(� hirli
the cul-de-sac is located will become part of a build' -dile .lot i!i
phase two of this modification. The Board asked that: r..!�•
possibility of parking be reviewed and finalized at the time of tl:•:
Definitive Subdivision hearing.
Mr. Shaboo reviewed the no cut line and stated that the ling_
is established as the Board had asked.
Joseph Mahoney expressed concern with the protecti =❑ant
drafts presented. Christian Huntress stated that the. covenarnt.s
will be submitted to Counsel for final revie;r: and approval. llr.
Mahoney also asked why condition number 17_ referred to chapter 611?.
er
Mr. Huntress stated that this property as receiving protectl^n
under 61A as an agricultural use and that development of this
parcel will require that the applicant follow all gui.delin-s
associated with that statute.
George Perna then asked for any public input or concern. lir.
Shaboo questioned the need for condition number 10d. C11ri..'tin11
Huntress informed the Board that this was a condition ::f the
original Special Permit approval granted on September 23, 1988. At.
the time, Chief Dolan of the NAFD, had recommended the.use of
residential fire sprinklers. The Board was unwilling to waive this
requirement without input from the Fire Department. lir. Shah..••;,
stated that he had no real problem with the condition but felt he
had to ask the Board to at least consider removing this item from
the conditions. The Board did not remove this condition.
At this time Christian Huntress asked the Board to make the
following amendments to the draft conditions:
a. Condition
number 19 add the
following
wording: "The
covenants
as listed in this
condition
and condition
number 18
shall be approved in
form by the
Planning
prior to
endorsement of the
Definitive
Subdivision a,:
referenced in condition number 25."
Page 4:
b. Condition number25 reads
follows. The app licantall shalbe appdyd for lah Definitive
Subdivision showing lots conforming 'with dimensional
requirements found in Section 8.5 of the Zoning Bylaw."
c. Condition number 26 shall be added which reads as
follows: "Construction shall commence within
from (2t -h)
years and be completed within five (5) year
date of this approval."
George Perna asked if there was any further input from either
the applicant or the public. Upon receiving no further input Hr.
Perna asked the Board for a motion to close the public hearing.
On a motion made by Richard Nardella and seconded by John
Draper, tht- Board voted unanimously, including the Chairman, to
close the pu})lic hearing and take the matter under advisement.
On a second motion made by Joseph Mahoney and seconded by
Richard Nardella, the Board voted unanimously, i.11cIuding the
Chairman, to approve the modification of the origin,�l Spf�cill].
Permit issued on September l988 for and amendedkbyythe 1l Estates, Planning Board?1
conditions as drafted by Staff
Attached are those conditions.
Sincerely,.
orle Perna, �,7'r. , E
Chairman
CC: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
HICKORY HILL ESTATES, PRD MODIFICATION
Special Permit Modification.
The Planning Board herein modifies the original Special Permit
issued for Hickory Hill Estates, dated September 23, 1988. The
Planning Board makes the following findings regarding this
Special Permit Modification as required by sections 8.5, 10.3 and
10.31 of the North Andover Zoning Bylaw:
A. The specific site is an appropriate location for such use,
structure or condition;
B. The use as developed will not adversely affect the
neighborhood;
C. There will be no nuisance or serious hazard to vehicles or
pedestrians.
D. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
E. The application before us is in harmony with the general
purpose and intent of this Bylaw.
The Planning Board also makes the findings under Section 8.5 of
the Zoning Bylaw that this PRD is in harmony with the general
purpose and intent of the Bylaw and that the PRD contains
residential development and open space in a variety to be
sufficiently advantageous to the Town and promotes the public
health, safety and general welfare of the citizens of the Town of
North Andover which renders it appropriate to depart from the
requirements of this bylaw otherwise applicable to the Zoning
Districts in which the parcel is located. In particular, the
Planning Board finds that this project will:
A. Promote the more efficient use of land in harmony with its
natural features;
B. Encourage the preservation of open space;
C. Protect waterbodies and supplies, wetlands flood plains,
agricultural lands, wildlife, and other natural resources
including maintaining the quality of water contained in Lake
Cochichewick.
D. Permit greater flexibility and more attractive, efficient,
and economical design of residential developments;.
E. Facilitate economical and efficient provision of utilities;
F. Meet the Towns housing needs by promoting a diversity .of
housing types.
Finally, the Planning Board finds that the PRD complies with Town
Bylaw requirements so long as the following additional conditions
are complied with. Therefore, in order to fully comply with the
approval necessary to construct the PRD as specified in this
Special Permit Modification before us the Planning Board herein
grants this modification provided the following conditions are
met:
1. This approval is for work to take place within phase one of
the proposed PRD as modified herein and shown on the
following plans:
Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS
HICKORY HILL ESTATES - P.R.D. (APPROVED)
NORTH ANDOVER, MASSACHUSETTS 01845
Dated:
Revised:
FEBRUARY 1, 1991
FEBRUARY 25, 1991
Prepared By: DESIGN ENGINEERING
P.O. BOX 516
NORTH ANDOVER, MA. 01845
TELE. (508) 683-3893
Client: GEORGE R. BARKER JR.
1267 OSGOOD STREET
NORTH ANDOVER, MA. 0.1845
Sheets: ONE THROUGH FIVE (1 - 5)
2. Conditions one (1) through seven (7) as listed in the
original Special Permit, approved 9/23/88, shall remain in
full force and effect. The extent and natural of the
Perpetual Conservation Restriction shall remain as originally
approved.
3. In order to meet the boards goal of minimizing site
disruption, visual impact of the project and soil erosion on
the hilly site, a no cut line has been placed upon the
revised plans. Any clearing beyond the limits of the no cut
line shall be subject to reforestation under section 5.8 of
the North Andover Zoning Bylaw.
4. In the proposed phase two (2) of this modification which must
also come before the Planning Board, the applicant shall
provide an easement to the Town of North Andover to allow for
access to public lands located at the Mazarenko Farm. The
easement shall be 10' wide and indicated on the plan with
the following language:
"A public access easement granted to the Town of North
Andover to allow for access to public lands located at the
Mazarenko Farm."
An easement document shall be prepared by the applicant at
the time of filing for phase two (2) of this PRD and that
document shall be recorded with the registry of deeds.
5. A 50' wide buffer area shall be provided from the perimeter
of the parcel line which contains the proposed construction,
as required by Section 8..5 6(d). No pavement, cutting or
grading shall be allowed in this buffer area.
6. A 20' wide sewer and water easement to allow the extension of
these services to the land N/F of Carter shall be shown on
the plan in accordance with the requirements of the Division
of Public Works.
7. The roadway and driveway shall not exceed grades of ten
percent (10%). The board shall allow these steep grades in an
effort to minimize the disruption of the existing contours of
the land.
8. The applicant shall adhere to Section 4.2 (Phased
Development) of the existing bylaw.
9. Any action by a Town Board, Commission or Department which
requires changes in the roadway alignment, placement of any
easements or utilities, drainage facilities, or changes in
the grading, no cut line or perpetual conservation
restriction shall be resubmitted to the Planning Board for
review.
10. The applicant shall adhere to the following requirements of
the Fire Department:
a. Open burning is permitted by permit only after
consultation with the Fire Department.
b. Underground fuel storage will only be allowed in
accordance with Town Bylaws and State Statute and only
with the review and approval of the Fire department and
Conservation Commission.
C. Lot numbers are to be posted clearly during construction
and permanent house numbers prior to occupancy.
d. All structures shall be required to contain residential
fire sprinklers systems in conformance with the No
Andover Fire Department.
11. The applicant shall adhere to the following requirements of
the Police Department:
a. Adequate site distance shall be maintained at the exit of
the project onto Barker Street.
b. Appropriate signs shall be placed on Barker Street
informing motorists of the intersection.
C. A "STOP" sign shall be placed as the proposed roadway
exits onto Barker Street.
12. There shall be no burying or dumping of construction material
on the site. Also,. there shall be no burying of tree stumps
in the Watershed District.
13. All lighting for this project shall be reviewed by the
Planning Board.
14. The public access easement shown on the plans shall be
adequately marked with wood poles starting at its barker
street entrance. These markings shall be in the form of
wooden poles placed every 500 feet along the roadway. These
poles shall be 4 feet in height and shall contain the
following language:
"Public access to Mazarenko Farm, Town of North Andover."
Other language as approved by the North Andover Conservation
Commission may be used.
The purpose of this condition is to notify the citizens of
the community of the existence of the access easement and
help guide their journey to Mazarenko Farm through this
project.
15. Any signs utilized for this project must obtain a sign permit
as required by Section 6 of the Bylaw.
16. The applicant shall provide a water connection to French Farm
Village Subdivision in accordance with the standard of the
N.A.D.P.W.. The applicant shall provide signed easements
including those from abutting property owners.
17. Prior to the sale or development of the project, the
applicant shall adhere to the requirements of M.G.L.
Chapter 61A.
18. In no instance shall the proposed roadway be deemed. -as a
public way, accepted by the Town or receive Town services
such as plowing or trash pickup. All Emergency services such
as fire and police shall be afforded to this roadway. The
applicant shall record restrictive covenants for each
individual lot which states that the property fronts on a
private way and as such the property owners shall be
responsible for roadway maintenance, plowing and trash
pickup.
19. Due to the nature of the PRD bylaw the applicant shall record
restrictive covenants which will insure that the
architectural style of the proposed structures shall be
uniform in design.
T
20. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
21. Gas, Telephone, Cable and Electric utilities sl -►all be
installed as specified by the respective utility companies.
22. All .catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
23. Prior to a Certificate of Occupancy being issued for any
structure on this lot, this site shall have received all
necessary permits and approvals from the North Andover
Board of Health.
24. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: Hickory Hill, Estates = Phase II
Subdivision and Phase I Proposed Revisions
By: Scott L. Giles, R.L.S. dated 4/23/93 19
ifr iF iF lE Mfr ;F
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
divisiont all as provided by G.L. c. 41, S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
SEE ATTACHED
C—
c
G�c
6
C)
N
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
Date: June 1, 1993
i
NORTH ANDOVER PL&MIG BOARD
By. Richard A. Nardella, Chairman
F_ R i �`,i1it ,
Moi � Fi�A►`id� + t �
APPLICATION FOR AMWELL OF DEFINITIVE PLAN
rR
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41, Section
81—Lq for approval of a proposed subdivision shown on a plan entitled
C W ` ) I ES�aie — POSE Z SL)U\\Tlsm a,,�k MASE -T -Prongsedt v1Sld
by 3r,ctt L. G,la_s . R LS dated �2
being land bounded as follows: LeAA.--y , of t e s f- . Be,rje.
A. t? o �A[ i" \ k- lht „r. Ar ij, A-KAP,P.r rr,, Ye &(-t ' 14-44 rt R)re r5
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book '3?Si, Page G ; or Fzb n,►Gct\
Certificate of Title No. _� Registration Book page_; or
Other: pL. A N uo . c lq I l
Saidlan has evolved from a e ASC
p (� has not( plan submitted to
the Board of 19 and approved (with modifications) (X)
disapproved ( on KN,, 19 `t j_.
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by—laws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree—
ments herein shall be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof. /%
Received by Town Clerk:
Date: Signature, Applicant
Time: ✓ �.fG(�'c�� �
u
Signature: A) v4
Address
Hickory Hill Estates Phase II
Definitive Subdivision Modification
Conditional Approval
The Planning Board herein approves the Modification of the
Definitive Cluster Subdivision Approval dated April 12, 1991.
This Modification dated April 26, 1993, is requested by Tom
Zahoruiko, and concerns the construction of the remaining 14 lots
of the 40 lots originally approved.
This approval is also based on an existing Special Permit
approval for a PRD on this site dated March 9, 1991.
Based on the above information, the Planning Board makes the
following findings as required by the Rules and Regulations
Governing the Subdivision of Land:
A. The Definitive Plans, dated April 21, 1993, include all of
the information indicated in Section 3 of the Rules and
Regulations concerning the procedure for the submission of
plans.
B. The Definitive Plan adheres to all of the design standards
as indicated in Section 7 of the Rules and Regulations.
C. The Definitive Plan is in conformance with the purpose and
intent of the Subdivision Control Law.
D. The Definitive Plan complies with all of the review comments
submitted by various town departments in order to comply
with state law, town by-laws and insure the public health,
safety, and welfare of the town.
Finally, the Planning Board finds that the Definitive Subdivision
complies with Town Bylaw requirements so long as the applicant
complies with the following conditions:
1. Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following:
a. The applicant must meet with the Town Planner in order
to ensure that the plans to be endorsed conform with
the Board's decision.
b. A detailed construction schedule must be submitted as
part of the plans.
C. A covenant (Form I) securing all lots within the
subdivision for the construction of ways and municipal
services must be submitted to the Planning Board. Said
lots may be released from the covenant upon posting of
1
security as requested in Condition #3(c).
d. Right of way dedication easements for the proposed
roadway shall be prepared at the applicant's expense
and provided to the Planning Office.
e. The applicant must submit to the Town Planner a FORM M
for all utilities and easements placed on the
subdivision. The Board will sign the document and it
must be filed with the Essex North Registry of Deeds.
f. All drainage, and sewage facility designs shall be
approved by the North Andover Division of Public Works.
Provisions for water intrusion mitigation must be
included in the design and shown on the construction
schedule required in Condition 1(b).
g. All conditions listed herein, which shall require
action by the applicant after endorsement, shall be
placed on the final sheet of the Record Plans which
will be presented for endorsement by the Planning
Board.
h. All application fees must be paid in full and verified
by the Town Planner.
All documents required by the Planning Board Rules and
Regulations Governing the Subdivision of Land, must be
prepared at the expense of the applicant.
2. Prior to the start of construction:
i
a. The record Plans must be endorsed by the Planning Board
and recorded by the Applicant with the Essex North
Registry of Deeds.
b. The applicant shall post a Performance Guarantee in the
amount of $5,000 (five thousand dollars) to be held by
• the Town of North Andover. The Guarantee shall be in
the form of a check made payable to the Town of North
Andover escrow account. This amount shall cover any
contingencies that might affect the public welfare such
as site -opening, clearing, erosion control and
performance of any other condition contained herein,
prior to the posting of the Performance Security as
described in Condition 3(c) below. This Performance
Guarantee may, at the discretion of the Planning Board,
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.
2
3. Prior to any lots being released from the statutory covenants:
a. All site erosion control measures required to protect
off site properties from the effects of work on the lot
proposed to be released must be in place. The Town
Planning Staff will judge whether the applicant has
satisfied the requirements of this provision prior to
each lot release.
b. The applicant must submit a lot release FORM J to the
Planning Board for signature.
C. A Performance Security in an amount to be determined by
the Planning Board, upon the recommendation of the
Department of Public Works, shall be posted to ensure
completion of the work in accordance with the Plans
approved as part of this conditional approval. Items
covered by this security may include, but will not be
limited to:
i. as -built drawings
ii. sewers and utilities
iii. roadway construction and maintenance
iv. lot and site erosion control
V. site screening and street trees
vi. drainage facilities
vii. site restoration
viii. final site cleanup
d. All proper documents and easements required through
Condition 1 must be in place.
4. Prior to a FORM U verification (Building Permit Issuance)
for an individual lot, the following information is required
by the Planning Department:
a. The applicant must submit to the Town Planner proof
that the FORM M referred to in Condition 1(f) above,
was filed with the Registry of Deeds office.
b. Three (3) complete copies of plans and two (2) copies
of all documents containing registry of deeds stamps
must be submitted to the Town Planner as proof of
filing.
C. A plot plan for the lot in question must be submitted,
which shows all of the following:
i. location of the structure,
ii. location of the driveways,
iii. location of the septic systems (if applicable)
iv. location of all sewer lines,
3
V
V. location of wetlands and any site improvements
required under a North Andover Conservation
Commission (NACC) order of condition,
vi. any grading called for on the lot, and
vii. all required zoning setbacks
d. All appropriate erosion control measures for the lot
must be in place. Final determination of appropriate
measures shall be made by the Planning Board or Staff.
e. All catch basins must be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
f. The lot in question shall be staked in the field. Any
major departures from the record plans must be pointed
out to the Town Planner. The Town Planner will verify
that the changes will not require a modification to the
decision.
g. Lot numbers, visible from the street, must be posted on
all lots.
5. Prior to a Certificate of Occupancy being issued for an
individual lot, the following shall be required:
a. The roadway must be constructed to at least binder coat
of pavement to properly access the lot in question.
Prior to construction of the binder coat, the applicant
must ensure that all required inspection and testing of
sewer, and drainage facilities has been completed. The
applicant must submit to the Town Planner an interim
as -built, certified by a professional engineer,
verifying that all utilities have been installed in
accordance with the approved plans and profile sheet.
b. All necessary permits and approvals for the lot in
question must be secured from the North Andover Board
of Health, and Conservation Commission.
C. Permanent house numbers must be posted on dwellings and
be visible from the road.
d. All slopes on the lot in question must be properly
stabilized, as judged by the Planning Staff.
e. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall
be the developer's responsibility to assure the proper
placement of the driveways regardless of whether
individual lots are sold. The Planning Board requires
any driveway to be moved at the owners expense if such
An
driveway is at a catch basin or stone bound position.
6. Prior to the final release of security retained for the site
by the Town, the following must be completed by the
applicant:
a. An as -built plan and profile of the site must be
submitted for review and approval.
b. The applicant shall petition Town Meeting for public
acceptance of the streets. Prior to submitting a
warrant for such petition the applicant must review the
subdivision as shown on the referenced plan dated Jan.
1, 1993 with further revisions and all remaining work
with the Town Planner and Department of Public Works.
The Planning Board must hold a portion of the
subdivision security for continued maintenance and
operations until such time as Town Meeting has accepted
(or rejected in favor of private ownership) the
roadways. It shall be the developer's responsibility to
insure that all proper easements have been recorded
with the Registry of Deeds.
C. The Town Planner will ensure that all planning,
conservation commission, and department of public works
issues and conditions are satisfied and that
construction was in strict compliance with all approved
plans and conditions.
7. The Planning Board in conjunction with the Department of
Public Works has determined that Hickory Hill Road must be
brought up to town standards and accepted as a public way.
The previous approval for this roadway as a private way is
hereby rescinded. As such, the applicant must adhere to the
following:
a. The pavement width in Phase I will be expanded to
twenty-four (24) feet. The roadway to be constructed
as part of Phase II will be constructed to a pavement
width of twenty-four (24) feet.
b. The applicant must comply with the Department of Public
Works standards.
8. A twenty (20) foot conservation restriction must be placed
along the boundary of lots 37, 36, 35, 34, and 33 and the
Mazarenko Farm Conservation Land .
9. The applicant will provide an easement to the Town of North
Andover to allow for access to public lands located at the
Mazarenko Farm. The easement shall be 10' wide and
indicated on the plan with the following language:
5
" A public access easement granted to the Town of North
Andover to allow for access to public lands located at
the Mazarenko Farm."
10. Two to two and one half inch caliper (2-2.511) street trees
are to be placed every fifty (501) feet along both sides of
all new roadways where deemed necessary by the Tree Warden
in conjunction with the Planning Staff. A variety of
species must be planted. Tree species will be approved by
the Tree Warden.
11. The applicant shall adhere to the following requirements of
the Fire Department:
a. Open burning is allowed by permit only after
consultation with the Fire Department.
b. Underground fuel storage will be allowed only within
the Town Bylaws and State Statute and only with the
review and approval of the Fire Department and
Conservation Commission.
12. Tree cutting shall be kept to a minimum throughout the site
in order to minimize erosion and preserve the natural
features of the site. The developer shall inform the Tree
Warden when tree cutting is to occur. The Tree Warden may
pre -approve any major tree cutting.
13. Any action by a Town Board, Commission, or Department which
requires changes in the roadway alignment, placement of any
easements or utilities, drainage facilities, grading or no
cut lines, shall require a modification of this decision by
the Planning Board.
14. There shall be no burying or dumping of construction
material on site.
15. Any signs utilized for this project must obtain a sign
permit as required by Section 6 of the Bylaw and will be
reviewed by the Town Planner. The Planning Board will
review any entrance sign structures.
16. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
17. Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies.
18. All construction shall commence by (two (2)
years from the date of this approval) and shall be completed
by (five (5) years from the date of this
R
approval).
19. The provisions of this conditional approval shall apply to
and be binding upon the applicant, its employees,
contractors and subcontractors, and all successors in
interest or control.
20. The following waivers have been from the Rules and
Regulations Governing the Subdivision of Land granted by the
Planning Board:
a. Section 7(A)(3)(a): allow the grade of the street to
exceed six percent (6%). The Board agrees to waive
this requirement due to the steep topography of the
site and to the limited access to the site.
b. Section 7(A)(3)(d): waive installation of granite curb
in locations of street grade greater than six (6%)
percent provided that cape -cod berm is installed on
both sides of the road throughout the entire
subdivision, including Phase I.
C. Section 7(A)(4) Dead -End Streets: The Planning Board
waives the street length maximum of 600 feet. The site
is surrounded by conservation land thus the roadway
will never connect to any other subdivision. The
topography of the site prevented the looping of the
roadway.
d. Section 7(C)(1) allow shoulders less than eight (8)
feet in cut and fill areas between Barker Street and
Station 11+0 to reduce erosion and to limit the amount
of cutting and filling required. -
e. Section 7(D)(1): waive construction of sidewalks for
the entire subdivision provided that the applicant
contributes $5,400 to the Town of North Andover
sidewalk fund. The Planning Board has determined that
due to the steep grades along the existing roadway and
the topography of the Phase II construction, that
sidewalks do not need to be constructed. However, in
lieu of the construction of the sidewalks, the
applicant will be expected to contribute to the town's
sidewalk fund.
f. Section 7(N)(12): allow existing P.V.C. drain pipe to
remain subject to D.P.W. inspection and submission of
as -built plans by the applicant.
21. This Definitive Subdivision approval is, based upon the
following plans:
a. Plans Entitled: Subdivision Plan of Land
7
in North Andover, Mass.
Hickory Hill Estates Phase 2
Dated: April 21, 1993 with further
revisions
Owner: George R. Barker Jr.
1267 Osgood Street
No. Andover, MA
Engineer: Scott L. Giles
50 Deermeadow Rd
No. Andover, MA
22. The Definitive' Subdivision Modification is based on the
following Special Permit Approvals:
a. Hickory Hill Estates
Special Permit Conditional Approval
dated September -23, 1988
b. Hickory Hill Estates
Modification of the Special Permit Conditional Approval
dated March 9, 1991.
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief i
Assessor
Applicant
Engineer
File
HickoryHill2.subd
.Y Al
Notice to APPLICANT/TOWN CLERK and Certification of Action of P Iti %Wrd� L
on Definitive -Subdivision Plan entitled: T0vjN
Hickory Hill Estates
to
The North Andover Planning Board has voted to APPROVE said plan,..subject to the
following conditions:
1 the record owners o subject land forthwitecute and record
a "covenant ru with the land", or t prwise provide securityfor the con-
s ruction of ways an installation of iqniCipal services withi"d sub -
div nj all as provided c. 41, S. 81-il: -.,
2. That il"uch construction and installations shAl- in all respects
orm to the goviiihiii& rules and regulailana,,_of this Board: -,-
3. mat as required by th*6"-North Andover Board ot-H th in its l-epprt to
this Board, n �or other structure shall be built oFIA4,ced upon Lots
as shbwa,on said Plan withou the prior
4• Other conations:
The Planning Board voted to accept the withdrawal without
prejudice in lieu of a PRD proposal.
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
Date: January 21, 1988
By: Paul Hedstrom, Chairman
FORM C
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
9 8
To the Planning Board of the Town of North Andover:
The undersignedt being the applicant as defined under Chapter Olt Section
81 -Lt for approval of a proposed subdivision shown on a plan entitled
LL
by _�. J%. �, a.� �.I � i �, /�_ac i �T_ dated --A Ov To P-=" I-1 6�
being land bounded as follows: ►tel o 2 T d Le Ly by 0> v --a.2 O i e o., i Ee-Lj
�y s i_ij [.2 L-,�,-j-c> o 4w E,.V eAu L, 16 A.4my z d E! -a a,/ "►.gyp o F► �1 do 2�1 � Q. -QX 00
(-.0� u 0 O 2 E �G� �A.2�� E4 i �'f' S
Adv �...iD O Iowrd o ND. /JNt7D/E(�' wE�iT�EL 1!. EIO� /.; GOFf.
hereby submits said plan as a DEFINITIVE plan in accordance With the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds Book $DZ t Page 14 e ; or
Certificate of Title No. t Registration Book t pager; or
Other:
Said plan has(✓�hae-ne () evolved from a preliminary plan submitted to
the Board oil I3&---ae- 19 83_ and approved (with modificationsdisappr OT on 4q du LX 19 &7
) (�
The undersigned hereby applies for the approval of said DEFINITIPE plan
by the Boards and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Boards the Public Works Departmentt the Highway Surveyort the
Board of Healtht and all general as well as zoning by-laws of said Towns
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plant profiles and cross
sections of the same. Said plant profiles' cross sections and construction
specifications are specificallyt by references incorporated herein and made
a part of this application. This application and the covenants and agree-
ments herein shall.be binding upon all heirs, exeeutorst administratorst •
successors grantees of the whole.or part of said land, and assigns*of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof.
Received by Town Clerk:
Date: Signature of Applicant
Time: 1�6 Eo CC., e., , , �.. P�.� R ie E.. rZ , Ll 2
Signature: 2 Z*wvv r-> y -
Address �..! v�.-;-t_ /S,,j=vv,
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