Loading...
HomeMy WebLinkAboutMiscellaneous - Exception (240)PU�8�1KG BDADD TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. ryORTIy Of F � 9 ,SS•4cMus NOTICE 0_F DECISION DAI OST I3 3 58 N 193 Date , October .13 , 1993 .. .. ........... September 21, 1993 Date of Hearing October. 5., 1993 Petition of , ,Hillside .Realty .Trust . . ....... . ....... . ... . ........... . ....... . ..... ..... Premises affected 234-25o.Hillside.Road ................................................. Referring to the above petition for a special permit from the requirements of the . , ,North ,ANdover .Zoning .Bylaw . .Section .4 :125, .Paragraph .5, Allowed Uses BY . ..... . ... .. .. . .. . ............. Special Permit so as to permit ,the.construction.of.11.single,family,dwelling.units.in.the... ... ...... ..... .. . ... .. . . . .. Residential�6.Zonini.District.. ......... .,.,. ................... ..... . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to ,APPROVE........the ..._.Spec'ial Permit cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief Fire Chief Applicant Engineer FIle Interested Parties based upon the following conditions: Signed �LL,lZLL 1�. l CC� i.C�Ci. Lt,XL .Richard .Nardella, ,Chairman .............................. John Simons, Vice -Chairman ................................ Joseph Mahoney, Clerk ................................ Richard Rowen ................................ John DAghlian, Associate Member " planning Board MEADOWOOD II SPECIAL PERMIT, RESIDENTIAL -6 ZONING DISTRICT (R-6) The Planning Board herein approves the Special Permit requested by Hillside Realty Trust, dated 8/19/93 in accordance with Sections 4.125, 10.3 and 10.31. The Planning Board makes the following findings regarding this Special permit for the construction of 10 single family dwellings (13 lots) with a minimum 5,000 square foot lot and minimum frontage of 75 feet in a Residential -6 District. Three houses currently exist on-site. Two of the houses will remain on Lots 1 and 11. The third house will be relocated to Lot 2. A. The specific site is an appropriate location for such a use; 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 use is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes the findings under Section 4.125 of the Zoning Bylaw that the proposed Residential -6 development is in harmony with the general purpose and intent of the Bylaw. The development is sufficiently advantageous to the Town and promotes the public health, safety and general 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 the land in harmony with its natural features; B. Encourage the preservation of the existing tree line and provide for a conservation easement; C. Permit greater flexibility and more diverse, efficient, and economical design of residential developments; D. Facilitate economical and efficient provisions of utilities; E. Meet the Town's housing needs by promoting different types of housing which is a benefit to the residents of North Andover. F. Conform to the overall intent of the R-6 District concerning the lot design, road layout and other site features. In addition, the Planning Board finds that even though this parcel contains only 2.3 acres, it meets the standards of the R-6 district because the design fits the overall master plan for the contiguous property in the R-6 district. Finally, the Planning Board finds that the R-6 complies with the Zoning 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 R-6 as specified in this Special Permit application, the Planning Board herein grants this approval provided the following conditions are met: 1. The proposed 13 lots are shown in accordance with a 2.33 acre minimum of contiguous parcel of land in single ownership/consolidated ownership. A variance granted by the North Andover Zoning Board of Appeals permits this development on the reduced minimum acreage requirement of 3 acres. 2. Prior to Endorsement of the Plans by the Planning Board, the applicant shall adhere to the following: a. The applicant shall post a bond in the amount of $10,000 to be held by the Town of North Andover. The Guarantee shall be in the form of a check made out to the Town of North Andover which will be deposited in an interest bearing escrow account. This amount shall cover any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained herein, prior to the posting of the Performance Security as described in Condition 3(c) of the Definitive Subdivision Conditional Approval. This Performance Guarantee may, at the discretion of the Planning Board, be rolled over to cover other bonding considerations, be released in full or partially retained in accordance with the recommendation of the Planning Staff as directed by the vote of the North Andover Planning Board. b. A complete construction schedule shall be given to the Town Planner for review and approval. This schedule should include the sewer and drainage lines and all utilities which will require openings in any existing roadway for tie-ins. This schedule is part of this decision. C. Covenants shall be recorded to insure that the architectural style of the proposed dwellings shall be uniform in Design (two story/attached garage). d. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material. The developer will consult with the Tree Warden pertaining to specific types. 3. Prior to any lots being released from the statutory covenants, the conditions outlined in the Meadowood II Definitive Subdivision Conditional Approval must be followed. 4. Prior to FORM U verification for an individual lot, the conditions outlined in the Meadowood II Definitive Subdivision Conditional _Approval must be followed. In addition: a. Proof of recorded easements on al individual lots, as noted in Condition # 8, shall be provided to the Planning Board. 5. Prior to a Certificate of Occupancy being issued for an individual lot, the conditions outlined in the Meadowood II Definitive Subdivision Conditional Approval must be followed. In addition: a. Prior to occupancy of Lots 6 and 7, a mix of 10' evergreens and pines must be planted 8' apart along the boundary of the Kohl property. b. The site shall be continuously reviewed by the Planning Board/Staff. Any additional screening as may be reasonably required by the Planning Board shall be added at the applicants expense. C. All disturbed areas on the lot in question shall be suitably stabilized. d. All site amenities associated with the lot in question shall be installed. (i.e. fences, landscaping, walkway and drives.) 6. Prior to the final release of security, the conditions outlined in the Meadowood II Definitive Subdivision Conditional Approval must be followed. 7. A complete set of signed plans, a copy of the Planning Board decision and a copy of the Conservation Commission Order of Conditions must be on file at the Division of Public Works prior to issuance of permits for connection to utilities. 8. The applicant shall adhere to the following requirements of the Fire Department: a. All proposed structures are to contain residential fire sprinkler systems in conformance with the North Andover. Fire Department. 9. Any tree cutting shall be kept to a minimum throughout the project in order to minimize erosion and preserve the natural features of the site. The developer shall inform the Town Planner when tree cutting is to occur 10. Any action by a Town Board, Commission or Department which requires changes in the roadway alignment, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 11. 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. 12. All construction shall commence within two (2) years from the date of this approval, OcTc i3E2 13 , 1995 and shall be completed within five (5) years from the date of this approval, G'cTc%BF_(2, 1;3 , 1998. If construction has not been commenced or completed within the specified time frame the Planning Board reserves the right to rescind this approval. 13. The Planning Board considers this roadway to meet the definition of a Minor Street as found in the Rules and Regulations Governing the Subdivision of Land, Revised 1989. 14. The following information shall be considered as part of this decision: Plans Entitled: Special Permit and Definitive Subdivision Plan. Meadowood II, North Andover, MA Dated: July 1993 Scale: 1" = 40' Sheets: One through Six (1-6) Prepared By: Merrimack Engineering Services 66 Park Street Andover, MA 01810 Booklet: Statement of Environmental Impact Meadowood II North Andover, Massachusetts August 1993 Prepared By: Merrimack Engineering Services 66 Park Street Andover, MA 01810 Board of Appeals Decision Hillside Realty Trust 733 Turnpike Street, Suite 209 North Andover, MA 01845 dated July 14. 1993 cc: Director of Public Works Building Inspector Conservation Administrator Health Administrator Assessors Police Chief Fire Chief Applicant Engineer File MeadowoodII.PRD � hO100 80A80 P �I TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall �. p :'gid within (20) da, . -te date of filing of sl�s> to in the Office of Cleric. HORTN P SA NU NOTICE OF DECISION DAME'- E�"`v Tp��N LaUCvFR IRORT11 OCT 13 3 58 Date October. 13.,_ 1993 . .. .. ....... ... September 21, 1993 Date of Hearing October. 5.. 1993.. Petition of Hillside Realty Trust .......... .......................................... Premises affected , ,234 X250 .Hillside .Road .. .. _ .... _ . ... ... . .. . . .. . Referring to the above petition for a special permit from the requirements of the North Andover .Zoning Bylaw , Section .2.,30 :1 . Common Driveway , , ..... . ..... ....... .. . ... ... . . . . SO as to permit ,the .construction .of .a .common .driveway .to .service .Lots .12 .and .13 ... .. .... . . . . .. . . . . .. on Hillside Road, known as 250 Hillside Road. .............................................................................. After a public hearing given on the above date, the Planning Board voted CONDITIONALLY t0.APPRUV.........the ...SL)ecial.Permit....................................... cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties based upon the following conditions: Signed(�LLL-�It� Richard Nardella,.Chairman ,, John Simons, Vice Chairman ................................ Joseph Mahoney.,. Clerk , Richard Rowen ................................ John Daghlian, Associate Member ��lanning B oars . LOTS 12 & 13 HILLSIDE ROAD SPECIAL PERMIT COMMON DRIVEWAY The Planning Board makes the following findings regarding the application of Hillside Realty Trust, P.O. Box 6700, North Andover, Ma requesting a Special Permit under Section 2.30.1 of the North Andover Zoning Bylaw for the construction of a common driveway to access Lots 12 and 13 located at Hillside Road. FINDING OF FACTS• 1. The application adheres to the bylaw restriction that no more than two (2) lots be serviced by this common drive. 2. The specific location of the common driveway is appropriate due to its location. 3. The design and location will not adversely affect the neighborhood. 4. Adequate standards have been placed on the design which will meet public health and safety concerns. 5. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application before us. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North essex Registry of Deeds. SPECIAL CONDITIONS 1. Prior to FORM U verification (Building Permit issuance) being for the proposed dwelling, a. Easements pertaining to the rights of access for driveways between the lots involved shall be filed with the Registry of Deeds. b. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Department of Public Works. 2. Prior to a Certificate of Occupancy being issued for either dwelling, a. The applicant shall place a stone bollard at the entry to the common drive of Hillside Road. This stone bollard shall have the street numbers of both houses engraved on all four sides of the stone. The 3. 4. 5. 6. 7. 8. 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 the purpose of public safety. b. The access drive shall be paved for its entire length. This shall include any turnoff for the existing house. C. The proposed dwelling shall have a residential fire sprinkler system installed in accordance with the provisions of Standard 13D, N.F.P.A.. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. Gas, telephone, cable and electric utilities shall be installed as specified by the respective utility companies. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 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. 9. 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 CcTcjj3Ef: i-- •- j 9- 10. The following plans shall be deemed as part of this decision: Plans Entitled: Special Permit and Definitive Subdivision Plan. Meadowood II, North Andover, MA. Dated: July 1993 Scale: 1" = 40' Sheets: One through Six (1-6) Prepared By: Merrimack Engineering Services 66 Park Street Andover, MA 01810 cc: Director of Public Works Building Inspector Health Agent Assessors Conservation Administrator Police Chief Fire Chief Applicant Engineer File of NORT ,ryO KAREN H.P. NELSON Town of Director BUILDING NORTH ANDOVER CONSERVATION ,Ss,CHUSES DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Long: October 13, 1993 120 Main Street, 01845 (508) 682-6483 Re: Special Permit - R-6 District - Special Permit Common Driveway The North Andover Planning Board held a public hearing on September 21, 1993 upon the application of Hillside Realty Trust, Thomas Laudani, P.O. Box 6700, North Andover, MA, requesting Special Permits under Section 4.125, Paragraph 5 of allowed uses by Special Permit (R-6 Zoning District) and Section 2.30.1, Common Driveway, of the North Andover Zoning Bylaw. The legal notice was duly published in the North Andover Citizen on August 25 and September 1, 1993 and all parties of interest were properly notified. The following members were present: Richard Nardella, Chairman, John Simons, Vice Chairman, John Daghlian, John Draper and Richard Rowen. Joseph Mahoney was absent. Mr. Draper read the legal notices to open the public hearings. Mr. Steve Stapinski, Merrimack Engineering, gave the Board a presentation on the proposed development. Highlights were: 1. 2.3 acres of land - Variance received for the ZBA on the lot size. 2. sewer line to be extended up Hillside Road into the site 3. thirteen (13) lots - Lots 1 and 12 have houses on them, the house in the middle of Lots 1 and 12 will be moved to Lot 2 - 10 new houses, 1 re -location. 4. on town water 5. sprinklers will be provided in the homes 6. size of the homes - 1,600 sq. ft. with an attached garage. Page 2: Meadowood II There is a master plan for the area. The cul-de-sac is temporary. Further development is possible through the Annaloro property and the Mscisz property. A Notice of Intent has been filed with the Conservation Commission. The applicant was granted a variance on the size of the lot. (Requirement is 3 acres - 2.3 acres presented before the Board). The lots will be 5,000 sq.ft. with the same house designs as Meadowood I. Mr. Simons asked to see the master plan. Mr. Nardella asked about sidewalks within the proposed development. Mr. Stapinski told him there would be a sidewalk. Mr. Nardella asked about other property owners within the R-6 District and the future development of the District. Mr. Stapinski told him that there has been discussions on purchasing other parcels within the District. Mr. Nardella expressed concerns about parking in the winter time. He wanted to know the size of the cul-de-sac. Mr. Stapinski told him the radius was 501. Mr. Rowen asked about improvements to Hillside Road. Mr. Stapinski said that none were planned. Mr. Simons questioned mitigation on the site. Mr. Stapinski explained the system to him. The roof to drain off - no gutters, there are leaching pits to take care of the run-off. Mr. Hamel, Turnpike Street, told the Board that the proposed project is too big for the land. Mr. Nardella said that the project conforms to the current zoning. Walter Kohl, 625 Turnpikes Street, questioned Conservation issues. He expressed concerns with run-off. Mr. Stapinski told him that there would be less water going onto the Kohl Property, there will be a swale. Betty Kohl told the Board that she knows that the houses are sitting on clay and wanted to know were the water goes. Mr. Stapinski told Mrs. Kohl that the land will allow for some absorption. There are septic systems in the area at the present time. Mr. Thomas Laudani said that the project has been reviewed by the Conservation Commission. Mr. Robert Beaudion, Hillside Road, said that the water table is 8' and that 4' of water runs through the cellar. A pump is used year round. Lorraine Beaudion re -iterated that there was water and not at 8'. Page 3: Meadowood II Jean Callahan, Hillside Road, never has had water in her cellar and there have never been any septic system problems. Frank Serio, Hillside Road, said that three house were coming of septic systems and hooking up to the sewer. The drains that exist now were home made. When professional drains are placed, water will decrease. On a motion by Mr. Simons, seconded by Mr. Draper, the Board voted to continue the public hearing to October 5, 1993 and schedule a site visit for Saturday, September 25, 1993. On October 5, 1993 the North Andover Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, John Simons, Vice Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John Draper was absent. Ms. Colwell reviewed D.P.W. letter received at the September 21 meeting. Mr. Simons has a problem with receiving D.P.W. issues the night of the public hearing. The Technical Review Committee was held in August. Mr. Nardella stated that on Phillips Common and Meadowood I both were allowed 40' right-of-ways. Assumption has been made that 40' right-of-way is acceptable. Mr. George Perna. Director of D.P.W., stated that the letter was submitted at the beginning of the public hearing. All but three (3) issues have subsequently been addressed with the developer. 1. agreed to 24' pavement 2. agreed to 85' diameter cul-de-sac 3. groundwater into storage tanks - will do test pits first to see if feasible 4. 40' right-of-way a. D.P.W. believes that the 40' right-of-way has not yet been tested. Planning Board needs to create a policy on the R-6 Zone. 5. One central mail box provided 6. curbing may be added. Add to the decision based on D.P.W. and developer agreements: 1. 40' right-of-way 2. 85' diameter - cul-de-sac 3. 95' cape cod berm 4. 24' bit con berm 6. relocate drainage on Lot 1 property line 7. keep in Page 4: Meadowood II 8. test pits at each location with peres detention pond 9. keep 10. keep 11. Alcott Village - FDIC owns the pump station Applicant to tie into the Alcott Village pump station, agreements must be made with the owner, not controlled by the Town. A site visit was taken by the Board members. Mr. Nardella asked for screening along Route 114 side of site to be added. Mr. Laudani stated that evergreens, 10' high, 8' apart will be provided. Mr. Mahoney read a letter from CAQ Engineering regarding drainage concern. Mr. Nardella said that some issues will be addressed by the D.P.W. Mr. Laudani told the Board that Conservation has reviewed this and agrees with drainage issue. Mr. Simons asked that Steve Stapinski address issues in letter. Mr. Stapinski gave the Board the following information: a. finish grade shows drainage swale can be built b. agreed to do tests already for groundwater containment - excavation and backfiling will be done if tests do not hold C. reference points are the same - reviewed by Conservation Commission in depth. d. sewer pump station on site reviewed with Town Engineer. Sewer system design in connection with Town staff. Mr. Nardella asked if the proposed homes would be the same as the existing homes. Mr. Stapinski told the Board that the first floor elevations are within 1 foot of the proposed and the existing, the new houses will be similar in size/height/style as the existing homes. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to close the public hearings. The Board was given a draft decision to review. Page 5: Meadowood II Mr. Simons wanted to add to the Findings of Special Permit: 1. Housing design consistent 2. Roadway layout and future access provided. Mr. Simons to draft and write it in. Mr. Nardella stated that the_applicant received ZBA variance. Mr. Rowen asked when the house would be moved. Mr. Laudani said that the house would be moved when the roadway is put in. Ms. Colwell to change decision as discussed and add in D.P.W. conditions. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve Meadowood II Definitive Subdivision. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the Special Permit (R-6 Zoning District) as amended. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted to approve the Special Permit for a Common Driveway for Lot 12 and Lot 13. Attached are those conditions. Sincerely, North Andover Planning Board Richard A. Nardella, G Chairman cc; Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief Fire Chief Applicant Engineer File Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: Special Permit and Definitive Plan. Meadowood II. North ANdover, MAssachusetts By; Merrimack Engineering Services Inc. dated July 1993 19 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- di..sion, 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 O C-) opo 1.T7 OO :T r � 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: october'5, 1993 NORTH ANPOVER PL04M BOARD f By:Richard A. Nardella, Chairman �� FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN August 17 , 19 q. To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81—Lt for approval of a proposed subdivision shown on a plan entitled Special Permit and Definitive Plan, Meadowood II, North Andover, Massachusetts by Merrimack Engineering Services, Inc. dated July 1993 being land bounded as follows: Westerly by Hillside Road, Northerly by land of Beaudoin and Valliere, Easterly by land of Kohland.Annoloro, and Southerly by land of Annaloro 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. 979 206 2358 29 Title Reference: North Essex Deeds, Book 852 , Page 310 ; or Certificate of Title No. , Registration Book _� page ; or Other: Said plan has( ) has not(X) evolved the Board of 19 and disapproved ( on 19 from a preliminary plan submitted to approved (with modifications) ( ) 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— ps M��me�8'�herei�' successors, grantees of the whole or part of said land, and assigns undersigned; and 3. To complete the aforesaid installations and construction within two (2) nears from the date hereof. Received by Town Clerk: Date: Time: Signature: Signature of Applicant P.O. Box 6700 North Andover, MA 01845 Address Meadowood II Definitive Subdivision Conditional Approval The Planning Board herein approves the 13 lot Definitive Subdivision requested by Hillside Realty Trust, dated August 19, 1993. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plans, dated July 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 following conditions are complied with: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board's decision. b. A detailed construction schedule must be submitted as part of the plans. (See Special Permit) C. A covenant (Form I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition #3(c). d. Right of way dedication easements for the proposed roadway shall be prepared at the applicant's expense and provided to the Planning Office. e. The applicant must submit to the Town Planner a FORM M 1 for all utilities and easements placed on the subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. f. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall 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. i. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material and shall be approved by the Tree Warden. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. Endorsement of the plans is proof of satisfaction of the above conditions. 2. Prior to the start of construction: a. The record plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b. A stop sign must be placed at the intersection of Buckland and Hillside Road. 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 shall 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 2 4. 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 the Bond may include, but shall not be limited to: i. as -built drawings ii. sewers and utilities iii. roadway construction and maintenance iv. lot and site erosion control V. site screening and street trees vi. drainage facilities vii. site restoration viii. final site cleanup d. All proper 'documents and easements required through Condition 1 shall be in place. e. All drainage facilities shall be constructed and erosion controlled prior to any lot release. 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(e) 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 water and sewer lines, V. location of wetlands and any site improvements required under a NACC order of condition, vi. any grading called for on the lot, and vii. all required zoning setbacks. d. All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. e. All catch basins shall be protected and maintained with 3 0 Ry hay bales to prevent siltation into the drain lines during construction. f. Lot numbers, visible from the roadways must be posted on all lots. Prior to a Certificate of occupancy being issued for an individual lot, the following shall be required: a. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as -built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. b. All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. C. Permanent house numbers must be posted on dwellings and be visible from the road. d. All slopes on the lot in question shall be properly stabilized, as judged by the Planning Staff. e. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. f. The Planning Board reserves the right to review the site after construction is complete and require added site screening as necessary and reasonable. Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a. An as -built plan and profile of the site shall be submitted for review and approval. b. The applicant shall petition Town Meeting for public acceptance of the streets. Prior to submitting a warrant for such petition the applicant shall review 4 the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. C. The Town Planner shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. d. Monuments shall be set on the exterior street line as required by Section 7(P) of the Subdivision Rules and Regulations. 7. 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. 8. The developer must comply with the requirements of the Division of Public Works. a. The drainage on Lot 1 is too close to the property line and must be relocated. b. The proposed water main must parallel the proposed sewer, eliminating the 90 degree bend at Lot 6. A hydrant must be installed at the end of the water main, before the proposed 8" gate valve. C. Test pits must be conducted at each of the proposed groundwater tank locations. The data must be reviewed by the Division of Public Works and the Planning Staff. If the test pits are not favorable, the developer must work with the Division of Public Works and the Planning Staff towards a resolution. d. Sewer service connections must be installed to the property line at all existing houses on Hillside Road. e. The sewer extension will be subject to the policies of the Division of Public Works regarding mitigation of groundwater infiltration into the existing sewers. f. The applicant must tie into the Alcott Village Pump Station. 9. The Town Planner will review any signs utilized for this 5 project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board will review any entrance structures. 10. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 11. The applicant must comply with the Phased Development Bylaw, Section 4.2 of the Town of North Andover Zoning Bylaw. 12. There shall be no burying or dumping of construction material on site. 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 15. 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. 16. Due to the small lot sizes that are allowed under the R-6 zone, the following waivers have been granted by the Planning Board: a. Section 7(A)(2)(a): 40' Right -of -Way in lieu of the required 50' b. Section 7(A)(1)(h): Minimum centerline radius shall be reduced to 95' instead of the required 1501. C. Section 7(B)(4): Pavement width shall be reduced to 24' instead of 26' with a bituminous concrete cape cod berm. d. Section 7(d)(1): Sidewalk will be constructed with a width of 4' instead of 51. e. Section 7(B)(5): The cul-de-sac turnaround will be 10 constructed with a diameter of 85 feet instead of the required 100 feet. 17. The proposed sidewalk within the subdivision shall be extended down to the end of the temporary cul-de-sac. 18. A complete set of signed plans, a copy of the Planning Board's decision and a copy of the Conservation Commission Order of Conditions must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. 19. This Definitive Subdivision approval is based upon a Special Permit granted in accordance with Section 4.125, 10.3 and 10.31 of the North Andover Zoning Bylaw. The Special Permit and Definitive Subdivision approvals are both based upon the following plans: a. Plans entitled: Dated: Sheets: Prepared by: Special Permit and Definitive Subdivision Plan. Meadowood II North Andover, MA. July 1993 One through six (1-6) Merrimack Engineering 66 Park Street Andover, MA 01810 Services Inc. b. Booklet: Statement of Environmental Impact Meadowood II Development North Andover, MA Prepared By: Merrimack Engineering Services Inc. 66 Park Street Andover, MA 01810 Dated: August 1993 C. Board of Appeals Decision Hillside Realty trust 733 Turnpike Street, Suite 209 North Andover, MA Dated: July 14, 1993 CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File 7 meadow.sub Leopold Pomerleau Hillside Rd. APPLICATION FOR SEWAGE DISPOSAL I16TALIATION HEALTH DEPA RTW NT - NORTH ANDOVER, MSS. I hereby make application for a permit for a sewage disposal installation at Hillside Rd. . I will install this system in ac- cordance with all the laws of the Commonwealth of Massachusetts and regulations of the Board of Health of the Town of North Andover. Further, I will construct the house sewer of bell and spigot pipe, the minimum diameter being 4 inches, and will maintain a minimum grade of Vo until 10 feet pre- ceding the septic tank, where the grade shall not exceed 2%. I will install a con- crete septic tank of _750 gal. in size. A manhole (s) permitting easy cleaning will be provided with removable cover (s) of iron or concrete within 12 inches of the ground surface. I will provide subsurface disposal field with 4 inch perforated or open jointed pipe and laid in a series of trenches, the bottom of which will pro- vide a minimum of 240 lineal (sem) feet of effective absorption area. The pipes will be laid on a 6 inch layer of washed gravel or crushed stone ranging in size from 3/4 to 1-1/2 inches (dia.) and the pipes will be surrounded by similar material to a height of 2 inches above the crown of the pipe. The joints of these pipes will be protected from clogging and before filling the trench, 2 inches of gravel or stone 1/8" to 1/4" (dia.) will be placed over the course gravel or stone. The disposal field will be installed at a grade of 4 to 6 inches/100 feet. No single tile line will exceed 100 feet in length and in any case, two lines of tile will be installed. A minimum of 6 feet will be maintained between the center lines of the disposal field trenches and the average depth of trench shall not exceed 36 inches. No part of the installation will be less than 100 feet from any private water supply, 25 feet from any stream, 20 feet from any dwelling or 10 feet from any property line. I further agree not to cover any portion of this installation until approved by the inspection officer, as provided below, and to incorporate any additional requirements that may be attached to the permit. Plot Plans must be submitted with application. DA TE Signature of Applicant I hereby issue the above permit for the Board of Health of the Town of North Andover, Massachusetts. DAM S' nature of Health Agent I have inspected the uncovered system indicated above and find everything done as described. DATE__J� Z 14) d2i ignature of I s ecting Officer Percolation Test 10 min. Soil: clay Garbage Grinder"- May 20, 1961 Miss Mary Sheridan R. N. Health Agent Board of Health North Andover, Mass. Dear Miss Sheridan: An examination was made as requested in order to determine the suitability of the soil for the subsurface disposal of sewage on the proposed Hillside Road building site of Leapold Pomerleau. The land in general is high. The subsoil in the area was of clay content and a 10-ininute percolation test was conducted. It is recommended that a 750 gallon concrete septic tank be installed together with 240 lineal feet of drain pipe. Very truly yours, William J. Dr scop Com` 4-'l WJD:hd BOARD OF HEALTH TOWN OF NORTH ANDOVER., MASS. I 10 7ilo bas.. C0 Nc, Sem-sc-144 K. 0 1. NAME . DATE . 2. ADDRESS °: 3 `' . . .' . . . Lor NO. . TEL. 3 0 0 0 3. N0. OF BEDROONS . --. DEN YES . . . . NO. . 4. GARBAGE GRINDER YES . . . N0. : . . . 5.- SHOW DIhIENSIONS OF HOUSE b. SHOW DISTANCES OF HOUSE TO ALL PROPERTY LINES 7, SHOW DILIENSIOPS OF LOT 8, SHOW LOCATION AND SIZE OF SEPTIC TANK OR CESSPOOL 9. NOTE LOCATION AND DISTANCE OF WELL FROM SEWERAGE SYSTEM 10. SHOW LOCATION OF BROOKS9 STREA02 DITCHES, LEDGE OUTCROPI ETC. 11. SHOW DISTANCE OF SEPTIC TANK OR CESSPOOL FROM HOUSE NOTE: LOCAL REGULATIONS SHOULD BE READ CAREFULLY.