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HomeMy WebLinkAboutMiscellaneous - Exception (222)Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Petition of: Premises affected: 11/24/03 NOTICE OF DECISION Date: November 18, 2003 Date of First Hearing: September 23, 2003 Tara Leigh Development, LLC 185 Hickory Hill Road, North Andover, MA 01845 Renshaw Property — Bradford Street Map 62, Parcel 139, 6.88 acres 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: driveways, sewer line construction, stormwater management, homes, utilities, associated retaining walls and site grading in the Non -Disturbance and Non -Discharge Buffer Zone. After a public hearing given on the above date, the Planning Board voted to APPROVE the watershed special permit, based upon the following conditions: Signed"/P(// '- Alberto Angles, Chairman CC: Applicant Richard Nardella Engineer John Simons Felipe Schwarz George White James Phinney 12/04/03 Bradford Street Lot's 1 & 2 - Map 62, Lot 139 Special Permit - Watershed Protection District The Planning Board 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 August 13, 2003. 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 #1 below. The applicant is requesting a watershed special permit to permit certain work related to the development of two house lots 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 driveway access, sewer line construction, stormwater management and associated grading. No structures of any kind have been proposed within this zone. Work within the Non -Discharge Zone will include the driveways, homes, utilities, associated retaining walls and site grading. Additional work in the Non -Discharge Zone includes stormwater management including surface discharge 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 Board 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. f) The project utilizes a common driveway to minimize the amount of disturbance. 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: 2 12/04/03 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: Special Permit Plan for Carter Crest Bradford Street North Andover, Massachusetts 01845 Assessors Map 62, Lot 139 Dated: July 11, 2003, revised November 17, 2003 Applicant: Tara Leigh Development, LLC Civil Engineer: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1-4 Scale: I"=40' b} Report titled: Watershed Certification for Carter Crest North Andover, MA 01845, MHF #103100 Prepared by: MI -IF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Dated: August 6, 2003 c) 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. 3 12/04/03 2) Prior to endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) Roof Infiltration System The roof infiltrator will be reviewed by a registered engineer and approved by the Town Planner prior to issuance of a Form U. 3) Prior to any work on site: a) A performance guarantee of three thousand dollars ($3,000) 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. f) A construction phasing plan and emergency response plan are required to be provided to the Town Planner prior to any construction commencing. 4) 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 (RP.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. 5) 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. 12/04/03 6) 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. b) 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 pla 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. 12) This permit shall be deemed to have lapsed after a two- (2) year period from the date November 189 2005 on which the Special Permit was granted unless substantial use or construction has commenced. cc: Applicant File 5 Lot 2, Bradford Street, Map 62, Lot 139 Special Permit Approval - Access other than over the legal frontage -' L C' ;; it: The Planning Board makes the following findings regarding the application of Tyra `- Leigh Development, LLC, 185 Hickory Hill Road, North Andover, MA 01845, dated October 2, 2003, requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw to allow access to Lot 2 over the adjacent lot, 1, owned by C/M Realty Trust, c/o Anne Mohnken Renshaw, Trustee, 2910- Military Road, Washington, DC 20015. FINDINGS OF FACT: 1. Access other than over legal frontage to this lot is appropriate as a large area of wetlands covers the entire frontage of Lot 2. 2. Access other than over legal frontage to these lots will create significantly less impact on the wetland area therefore the location is appropriate; the driveway will not affect the neighborhood, and will not create a hazard to pedestrians or vehicles. 3. The specific site access is an appropriate location, given the current and projected traffic on the roadway, and the site distance to adjacent driveways and roadways. The Curb radii for the entrance/egress driveway is also adequate. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application. Upon reaching the above findings, the Planning Board approves this Special Permit with the following conditions: Special Conditions: I. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans and decisions: a) Plan titled: Special Permit Plan for Carter Crest Bradford Street North Andover, Massachusetts, 01845 Assessors Map 62, Lot 139 Dated: July It, 2003, revised November 17, 2003 Applicant: Tara Leigh Development, LLC Civil Engineer:MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1-4 Scale: 1 "=40' b) The Town Planner must approve any changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. c) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 2. Prior to any site disturbance: a) All appropriate erosion control devices must be in place and reviewed by the Town Planner. b) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. \ C) Tree clearing must be kept to a minimum. The area to be cleared must be reviewed by the Town Planner. 3. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 4. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 5. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 6. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 7. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 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 commenced. Therefore the permit will lapse on November 18, 2005. 5. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with.the following conditions: a) The final plan must be reviewed and approved by the Town Planner and subsequently endorsed by the Planning Board. Is 11/24/03 Lots 1 and 2 Bradford Street Special Permit Approval - Common Driveway The Planning Board makes the following findings regarding the application oT' Tama ih)eiih U, J Development, 185 Hickory Hill Road, North Andover, MA 01845, dated August 13, 2003 requesting a Special Permit under Section 2.30.1 of the North Andover Zoning Bylaw to allow for the construction of a common driveway for Lots 1 and Lot 2, Bradford Street. The Planning Board herein approves this Special Permit with the following conditions: Finding of Fact: 1. The application adheres to the bylaw restriction that no more than two (2) lots be serviced by each common drive. 2. The design and location will not adversely affect the neighborhood. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit application before us. 5. Adequate standards have been placed on the design which will meet public health and safety concerns. 6. The specific location of the common driveway is appropriate due to the presence of wetlands between the street frontage and the building portion of the lot(s). 7. The specific site access is an appropriate location given the current and projected traffic on the rootdway, and the site distance to adjacent driveways and roadways. The curb radii for the entrance /egress driveway is also adequate. 8. A construction phasing plan and emergency response plan are required. 9. The lots are in the Watershed Protection District and the common driveway mitigated the amount of impervious surface. Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans: a) Plan titled: Special Permit Plan for Carter Crest Bradford Street North Andover, Massachusetts 01845 Assessors Map 62, Lot 139 Dated: July 11, 2003, revised November 17, 2003 1 Lots 1 and 2 Bradford Street — Common Driveway 11 O 11124103 Applicant: Tara Civil Engineer:IVIHFDesi Development, LLC Design Co. sultants, Inc 103 Stiles Road Sheets: Salem, NII 03p79 uite One Scale: 1-4 1 "_401 b) Ease Pertaining vents pertainin he ert ng to the g to t rights o the to maintenance f access for and Deeds Semens adequatanner e review. oWhe driveway shall b greements , a co the Town Planner PreSented to Planning and a certified copy of the be recorded with the deems the 2 g Office, recorded doc he Re ry of Any chap gist changes made to these ument filed deemed substantial b Plans with the modification b Y the must be approved b Y the Plan goBoa 1d nner would require the Town Planner. 3 vin Prior toally a Public hearin Any changes Y site disturbs g and a a nee: The location of Town Planner. the driveway must be b) All erosion marked in the field and reviewed control device by the C) s must be i The decision ° f n Place as show ` of Deeds and the Planning Bo non the plan. Plannin a certified copy of he ecor ed do d at the No g Office. corded d) Tree clear- decision must be rth n*Sex Registry ng must be submitted to the in the field and rev1e kept tO a minirnu wed by the Tow m e A •The area performance n Planner. out to the guarantee o f f o be cleared must be marked °wn of North eve thousand ($S,p00 and the co Town Andover ) - the submitted. ns of this decisio must be - Place form of n and to ensure in accords a check made he nce With the that t as -built plans Plans A Tow ction phasing l will be Town Planner. pan and emer gency response plan are must be Prior provided to to FARM U verification: a) ' This site shall � Anis shave received Public Andover Board of Health, Co 11 necessary Works. nservation Comrmits and approvals mission and the Department the North partment of Lots 1 and 2 Bradford 2 Street — Common Drivewa ----------------------- -------- 1.1/24/03 5. Prior to Certificate of Occupancy issuance: a) The Applicant shall place a stone bollard at the entry to the common drive off of Bradford Street. This stone bollard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be as follows: 8" x 8" x 72". The stone shall have 48' exposed and 24' buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for purposes of public safety. b) The proposed dwellings on Lot 1-2 shall have a residential fire sprinkler system installed as required by the North Andover Fire Department. 6. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 7. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 8. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 9. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 10. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 11. 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 commenced. Therefore the permit will lapse on November 18, 2005. CC. Applicant Engineer File 3 Lots 1 and 2 Bradford Street — Common Driveway t Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Kathy McKenna Telephone (978) 688-9535 Planning Director. Fax (978) 688-9542 Notice Of Decision Any appeal shall be filed Within (20) days after the _ Date of filing this Notice n -, $ .� : ; T, ( -; In the Office of the Town :Z: r% C71 Clerk Date: December 27, 2002 -< U ) Date of Hearing: September fib, 2002, October 1, 2002, Octo& 15, 2002, December 3, 2002 & December 17, 2002 Petition of: Tara Leigh Development Corporation, LLC, 185 Hickory Hill Road, North Andover, MA 01845 Premises Affected: Property along Bradford Street in the Towns of North Andover and Boxford, MA Referring to the above petition for a Definitive Subdivision. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L. c. 41 (the "Subdivision Control Law"). So as to allow: construction of a seventeen (17) lot subdivision consisting of single-family homes with three multi -use recreation fields, playground, town common and open space known as Carter Farm Subdivision. After public hearings given on the above dates, the Planning Board voted to APPROVE the Definitive Subdivision, based upon the following conditions: Signed: John Si ons, Chairman Cc: Applicant Richard Nardella, Clerk Engineer Felipe Schwarz Abutters George White DPW Building Department Conservation Department ZBA Health Department BOARD OF .APPEALS 688-95=41 BUILDi\G 688-9545 COi:SERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 H. The Planning Board properly retains jurisdiction as the Town Boundary line between Boxford and North Andover has been changed per State Legislature ratification of House Bill Number 5390 on December 9, 2002. Finally, the Planning Board finds that the Definitive Subdivision complies with all Town Bylaw and Board of Health standards and requirements so long as the following conditions are complied with: 1) Traffic Mitigation: a) Carter Farm Road approach to Bradford Street shall be placed under stop sign control with a painted stop fine and a double yellow center line. b) A painted crosswalk shall be added to formalize pedestrian connections between the parking area and recreational fields. c) Overhead street lighting and a painted crosswalk shall be placed across the proposed Carter Farm Road. e) All internal intersections shall be placed under stop sign control. f) Intersection advanced warning signs shall be placed along Bradford Street in advance of the proposed access/egress driveway. The Police Department and Department of Public Works shall be consulted prior to placement. 2) Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non- compliance, if any and actions taken to resolve these issues. 3) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. b) All subdivision application fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the conditions of the Board's decision. e) A full set of final plans must be submitted to the Town Planner for review prior to endorsement by the Planning Board, within ninety (90) days of filing 0a the decision with the Town Clerk. It is expected that the project name reflected on these plans will change to Carter Fields Subdivision and the street name will change to Carter Field Road. fl The Subdivision Decision for this project must appear on the mylars. g) A Development Schedule must be submitted for signature by the Planning Board, which conforms to Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. h) All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. 4) Prior to ANY WORK on site: a) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the limit of clearing and grading have been cut in accordance with the approved plans. b) All erosion control measures as shown on the plan and outlined in the erosion control plan must be in place and reviewed by the Town Planner. 5) Throughout and During Construction: a. Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. b. Street sweeping must be performed, at least once per month, throughout the construction process, or more frequently as directed by the Town Planner. c. Hours of operation during construction are limited from 7 am. to 5 p.m., Monday through Friday and 8 am. — 5 p.m. on Saturdays. G) Prior to any lots being released from the statutory covenants: a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1) certified copy of the following documents: recorded subdivision approval, recorded Covenant (FORM I), recorded Growth Management Development Schedule, and recorded FORM M must be submitted to the Town Planner as proof of recording. 3 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, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: i) as -built drawings; ii) sewers and utilities iii) roadway construction and maintenance iv) lot and site erosion control v) site screening and street trees vi) drainage facilities vii) site restoration viii) .final site cleanup 7) Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 6(c) above. b) A plot plan for the lot in question must be submitted, which includes all of the following: i. proposed location of the structure, ii. proposed location of the driveways, iii. proposed location of all water and sewer lines, iv. location of wetlands and any site improvements required under a NACC order of condition, v. any proposed grading called for on the lot, vi. all required zoning setbacks, viii. Location of any drainage, utility and other easements. c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. d) Lot numbers, visible from the roadways must be posted on all lots. e) An as -built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. fl The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall M ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner and the Department of Public Works an interim as -built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. 8) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health and Conservation Commission. b) Permanent house numbers must be posted on dwellings and be visible from the road. c) 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 owner's expense if such driveway is at a catch basin or stone bound position. d) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and staked at a minimum 9) Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a) An as -built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval and also in the electronic format requested by and compatible with DPW's computer system b) The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. 10) The Applicant shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 11) The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board 5 shall approve any entrance structures. The applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision. 12) The applicant shall adhere to the following requirements of the Fire Department: a) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 13) There shall be no burying or dumping of construction material on site. 14) The location of any stump dumps on site must be pre -approved by the Planning Board. 15) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation 16) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 17) Any action by a Town Board, Commission, or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 18) The utilities must be installed and the streets or ways constructed to binder coat within two -years from this approval, December 17, 2004. If the utilities are not installed, the streets or ways are not constructed to binder coat and the Planning Board has not granted an extension by the above referenced date, this definitive subdivision approval will be deemed to have lapsed. 19) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, revised October 2001, have been GRANTED by the Planning Board since it has been determined such action is in the public interest and is not inconsistent with the State Subdivision Control Law. Additionally these waivers for the proposed street are being granted so as to minimize the grading and earthwork required to complete the construction of the proposed street as the project is located within the Watershed Protection District: a) 6.8.1 Minimum ROW Width — the proposed ROW width is 40 feet where 50 is required. b) 6.8.1 Minimum Pavement Width — the proposed pavement width is 22 feet where 26 is required. e) 6.8.1 Minimum Centerline Curve Radius — the minimum radius proposed is 150 feet on the main road and 82.5 feet on the loop road where 225 feet is 0 required. d) 6.8.1 Minimum Tangent Length Between Curves—the proposed length of tangent between curves varies from 0 to 100 feet where 150 feet is required. e) 6.8.1 Vertical Curve: K Value — Crest — the proposed K values for Carter Farm Road that do not meet the required 40 K value are: (Sheet 12) Station 2 + 50 Station 4 + 50 Station 10 + 00 (Sheet 13) Station 4 + 75 Station 14 + 00 f) 6.8.9 Intersection Grade—proposed grade of Carter Farm Road with Bradford Street is 4% where 3% minimum is allowed. 20) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plan titled: Definitive Subdivision Plans for Carter Farm Subdivision Bradford Street North Andover, Massachusetts 01845 Dated: August 9, 2002, last revised November 4, 2002 Applicant: Tara Leigh Development, LLC Civil Engineer: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1-24 Scale: Varies per drawing Landscape Architect: Huntress Associates, Inc. Landscape Architecture & Land Planning 17 Tewksbury Street Andover, MA 01810 b) Plan titled: Special Permit and Definitive Subdivision Plan Density Proof Plan Carter Farm Subdivision North Andover, Massachusetts 01845 Dated: August 9, 2002, last revised September 24, 2002 Applicant: Tara Leigh Development, LLC Civil Engineer: MF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 7 Sheets: 4 Scale: 1" =120' c) Report titled: Stormwater Management Drainage Calculations & Best Management Practices, MIF Project #110900 Carter Farm Subdivision North Andover, MA 01845 Prepared by: MIF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Dated: August 2, 2002, last revised November 5, 2002 d) Report titled: Traffic Impact & Access Study Proposed Residential and Recreational Development Project North Andover, MA Prepared by: Dermot I Kelly Associates, Inc. 280 Main Street, Suite 204 North Reading, MA 01864-1300 Dated: August 2002 20. The Town Planner shall approve any insubstantial change to the above -referenced plans and reports. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for its determination of whether such changes would merit a public hearing or meeting, and/or formal modification of this decision. 8 C Town of North Andover Office of the Planning Department Community Development and Services Division 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 A �RSSRC D'�S� Telephone X9,78) 4 35 Fax (978) 6R -954 o ' N j� CT -1 r y. -CD .. r rl ('R ��U3L� M > 4v 7j� w w Date: December 27, 2002 Date of Hearing: September 10, 2002, October 1, 2002, October 15, 2002, December 3, 2002 & December 17, 2002 Petition of: Tara Leigh Development LLC, 185 Hickory Hill Road, North Andover, MA 01845 Premises Affected: Property along Bradford Street Referring to the above petition for a Watershed Special Permit, the application was noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover Zoning Bylaw and M.G.L. c.40A, sec. 9: So as to allow: stormwater management including surface and subsurface discharge, drainage pond outlet, a portion of the roadway, utilities, parking and associated grading within the Non -Disturbance Zone; roadways, utilities, driveways, homes, retaining walls, site grading, stormwater management (surface and subsurface discharge), and drainage pond outlets within the Non -Discharge Zone. After public hearings given on the above dates, the Planning Board voted to APPROVE the Watershed Special Permit, based upon the following con 'tions: ,r Signed: '� Jofin Simons, Chairman Cc: Applicant Richard Nardella, Clerk Engineer Felipe Schwarz Abutters George White DPW ZBA Building Department Conservation Department Health Department BOARD OP APPEALS 688-9541 BITII.DING 688-9545 CONSERVATION 688-9530 HE_4LTH 688-9540 PLAN1rING 688-9535 Carter Farm Definitive Subdivision, Bradford Street Watershed Special Permit The Planning Board 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 August 9, 2002. The applicant submitted a complete application that 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 Chapter 40A, Section 9. The area affected is located off Bradford Street in the Residential -2 Zoning District and is identified as Town of Boxford Assessors Map 4, Block 1, Lot 3 and North Andover Map 62, Lot 2. Parcels Town of Boxford Map 4, Block 1, Lot 3.1 and North Andover Map 62, Lot 138 are also encompassed by this decision. Parcels are shown on the plans cited in Special Condition #1 below. The applicant is requesting a watershed special permit to approve certain work related to the development of a seventeen -lot residential subdivision with three multi -use recreation fields, playground, town common and open space as shown on the plans in Special Condition #1 below within the Non -Discharge, Non -Disturbance and General 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, a portion of the roadway, utilities, parking and associated grading. No homes or private driveways have been proposed within the Non -Disturbance Zone. Work within the Non -Discharge Zone includes roadways, utilities, driveways, homes, retaining walls, and site grading. Additional work within 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 Board 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. 3. The project shall mitigate wetland impacts of the roadway crossing with a wetland replication area of 6,040 square feet. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 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. i The project will extend Town sewer via Bradford Street and Barker Street. 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: Definitive Subdivision Plans for Carter Farm Subdivision Bradford Street North Andover, Massachusetts 01845 Dated: August 9, 2002, last revised November 4, 2002 Applicant: Tara Leigh Development, LLC Civil Engineer: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1-24 Scale: Varies per drawing Landscape Architect: Huntress Associates, Inc. Landscape Architecture & Land Planning 17 Tewksbury Street Andover, MA 01810 b) Report titled: Stormwater Management Drainage Calculations & Best Management Practices, MIF Project #110900 Carter Farm Subdivision North Andover, MA 01845 Prepared by: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Dated: August 2, 2002, last revised November 5, 2002 c) Report titled: Wetland Replication Planting Plan Carter Farm, North Andover, MA Prepared by: Michael Howard, Epsilon Associates, Inc. 150 Main Street Maynard, MA 0175-0700 Dated: August 29, 2002 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 the date on which the Special Permit was granted unless substantial use or construction has commenced. cc: Applicant Conservation File 5 Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Kathy ,McKenna 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 Date: December 27, 2002 Telephone (978) 688-9535 Fax (978) 688-9542 R� C" 7 C--) :7j N J �l :Z Cil c � _7j CDRlCD 't o N rn� w w Dates of Hearings: September 10, 2002, October 1, 2002, October 15, 2002, December 3, 2002 & December 17, 2002. Petition of: Tara Leigh Development, LLC 185 Hickory Hill Road, North Andover, MA 01845 Premises affected: Property along Bradford Street in the Towns of North Andover and Boxford Massachusetts Referring to the above petition for a Special Permit for a Planned Residential Development, known as Carter Farm. The application was noticed and reviewed in accordance with the procedures for approval described in Sections 8.5, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40, sec. 9. So as to allow: construction of a seventeen (17) lot subdivision consisting of single-family homes with three multi -use recreation fields, playground, town common and open space After public hearings given on the above dates, the Planning Board voted to APPROVE the special permit for a Planned Residential Development, based upon the following conditions: (—j Signed: O ki ��'L� t John Si ons, Chairman Cc: Applicant Richard Nardella, Clerk Engineer Abutters DPW Building Department Conservation Department ZBA Health Department Felipe Schwarz George White BOARD QF APPEALS 689-9541 BUILDING 689-9545 CONSERVATION688-9530 HEALTH 68&-9540 PLANNING 688-9535 Carter Farm Subdivision Planned Residential Development Special Permit The Town of North Andover Planning Board hereby grants the Special Permit for a Planned Residential Development, known as Carter Farm Subdivision of 17 single-family lots with three multi -use recreation fields, playground, town common and open space as requested by Tara Leigh Development, LLC, 185 Hickory Hill Road, North Andover, MA 01845, on August 9, 2002. The fore mentioned development company submitted a complete application on August 9, 2002. The application was noticed and reviewed in accordance with the procedures for approval described in Sections 8.5, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40, sec. 9. The area affected is located off Bradford Street in the R-2 Zoning District and is identified as Town of Boxford Assessor's Map 4, Block 1, Lot 3 and North Andover Map 62, Lot 2. Parcels, Town of Boxford Map 4, Block 1, Lot 3.1 and North Andover Map 62, Lot 138 are also encompassed by this decision. The Planning Board makes the following findings as required by the Town of North Andover Zoning Bylaw, Sections 10.3 and 10.31. a) The North Andover Planning Board properly retains jurisdiction as the Town Boundary line between Boxford and North Andover has been changed per State Legislature ratification of House Bill Number 5390 on December 9, 2002. b) The specific site is an appropriate location for a Planned Residential Development as the property is located within the Town's Watershed District and the PRD plan minimizes the amount of disturbance on the hillside. c) The use as developed will not adversely affect the neighborhood as this site is located in a residential area and there is approximately 98 acres of open space associated with the development. Part of the proposal is the provision of three multi -use recreational fields for the town and neighborhood use. d) There will be no nuisance or serious hazard to vehicles or pedestrians. e) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board also makes findings under Section 8.5 of the Zoning Bylaw that this PRD is in harmony with the general purpose and intent of the Bylaw, including Sections 8.5 and 10.3, and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and promotes the public health, safety, and welfare of the citizens of the Town of North Andover. In particular, the Planning Board finds that this project will: A. Promote the more efficient use of land in harmony with its natural features by preserving additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this, and facilitates the economical and efficient provision of utilities; B. Protect waterbodies and supplies, wetlands, floodplain, hillsides, wildlife and other natural resources due to the preservation of open space, and the project design minimizes and protects such natural resources; C. Encourage the preservation of -open space. The applicant has provided greater than 35% of the property as Open Space and has agreed to preserve an additional 82 acres; D. Permit greater flexibility and more attractive and efficient design of residential development; E. Meet the Town's housing needs by promoting a diversity of housing types. F. The Planning Board also finds that a base density of 17 house lots is appropriate for the PRD. Finally, the Planning Board finds that the Planned Residential Development complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project, meet weekly with the Town Planner and file monthly written reports to the Board, detailing areas of non- compliance and with the plan and condition of approval. 2. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer and other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan. 3. Prior to endorsement of the plans by the Planning Board and recording with the Registry of Deeds the applicant shall adhere to the following: a. The applicant shall post (per agreement with the North Andover Planning Board) a Site Opening Bond in the amount of five thousand ($5,000) 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 2 herein, prior to the posting of the Performance Security as described in Condition 6(c) of the Definitive Subdivision Conditional Approval. This Performance Guarantee may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full, or partially retained in accordance with the recommendation of the Planning Staff and as directed by the vote of the North Andover Planning Board. 4. Prior to receipt of a Certificate of Completion required to be obtained for the project described in the Definitive Subdivision Decision, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31 running to or enforceable by the Town shall be recorded with respect to such land including relevant areas of parcels now know as Town of Boxford Assessor's Map 4, Block 1, Lot 3 and North Andover Map 62, Lot 2. Parcels, Town of Boxford Map 4, Block 1, Lot 3.1 and North Andover Map 62, Lot 138. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation, subject to certain easements and restrictions to be described therein. Documents to this effect must be shall be drafted by the. applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 6 of the Definitive Subdivision Conditional Approval and the property must be conveyed prior to acceptance of the road by the Town. 5. Prior to acceptance of the roadway by the Town, the designated open space parcel shall be donated to an appropriate conservation organization or the Town of North Andover through its Conservation Commission as determined by the Planning Board. 6. Prior to Construction, Yellow Hazard tape must be placed along the no - cut line as shown on the approved plans behind lot 14, or as otherwise designated, and must be confirmed by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 7. Prior to releasing individual lots from the statutory covenants, the Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. 8. The applicant must comply with the Growth Management Bylaw, Section 8.7 of the Town of North Andover Zoning Bylaw. 3 9. The Planning Board approves the following parameters for house design: traditional or New England Style and design with traditional clapboard, shingle, brick, or stone facades; architectural roof shingles or shakes; minimum roof pitches (excluding on porches) of 8 in 12; and minimum finished interior living space of 2300 square feet. Reference design sketches and correspondence from Thomas Zahoruiko, Manager, Tara Leigh Development LLC dated December 17, 2002. 10. Upon application of a 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 when applying for a building permit. 11. After the conveyance of each residential lot, the applicant must provide the Planning Department with a copy of each deed evidencing the following language: "As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated December 17, 2002, the Buyer of Lot _ within the Carter Farm Subdivision acknowledges that the Open Space Parcels shown on said plans, which has been or will be conveyed to an appropriate conservation organization or the Town of North Andover through its Conservation Commission as determined by the Planning Board, for conservation, agricultural and / or recreational purposes, shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcels in any particular state or condition, notwithstanding the Town's acceptance of such Open Space parcels". 12. Prior to verification of a Certificate of Occupancy. The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the abovereferenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. 13. Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no -cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. M 14. This special permit approval shall be deemed to have lapsed after December 17, 2004 (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 15. The provisions of the Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 16. The developer shall implement and follow all requirements set forth in this decision (conditions 1-13 above) and the plans and reports, referenced below in conditions 14a -d. Failure to comply with all requirements therein and the conditions of this approval, shall be the basis for the Planning Board, voting by majority vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning Board based upon the developers written comments and the conditions contained herein. a) Plan titled: Definitive Subdivision Plans for Carter Fane Subdivision Bradford Street North Andover, Massachusetts 01845 Dated: August 9, 2002, last revised November 4, 2002 Applicant: Tara Leigh Development, LLC Civil Engineer: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1-24 Scale: Varies per drawing Landscape Architect: Huntress Associates, Inc. Landscape Architecture & Land Planning 17 Tewksbury Street Andover, MA 01810 b) Plan titled: Special Permit and Definitive Subdivision Plan Density Proof Plan Carter Farm Subdivision North Andover, Massachusetts 01845 Dated: August 9, 2002, last revised September 24, 2002 Applicant: Tara Leigh Development, LLC Civil Engineer: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 4 Scale: I"= 120' 5 c) Report titled: Stormwater Management Drainage Calculations & Best Management Practices, MI -IF Project #110900 Carter Fane Subdivision North Andover, MA 01845 Prepared by: MIF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Dated: August 2, 2002, last revised November 5, 2002 d) Correspondence: Carter Farm (Fields) Home Design, Correspondence and Sketches Written by: Thomas Zahoruiko, Manager, Tara Leigh Development Dated: December 17, 2002 17. The Town Planner shall approve any insubstantial changes made to the plans and reports described in Sections 7 and 14. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. C