Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - Foxwood Drive;Wegland Circle (2)
i i 4 # `20 7' 11- 6,b —via l I 1 I r ..� �, �� � , � o � � � � ¢- � t ^' 79 � 4 A �� i 7c6 - G6q SG 0�3 ��� 41;e� ow, wt�h) C-11" /) ll(c—� C, a CI�Z.ls O a w Ok iN��4t1 � I t� '► G I t wet tt WLW 140 •• '•cliow, "40!Tg-b ti tiAaul IMAOAei t5'3 •� 11 tzhlvrc.1 tilt W2 4�0 cla, Town of North Andover ,1ORTM Office of the Zoning Board of Appeals Community Development and Services Division . 27 Charles Street` North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle HEARING(S): June 20 & August 8,2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, May .13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, LI SjL1 Wj William J. llivan rn _ co M25. ., CD i) -.�-n Lf -)U N CDN :Z , Chairman Decision20 0-0023. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 D d /IOPD T4s Pe -l -D /] 3- )3-0/ - ! o -a / V o ID, I� ,tea - lo -03 -� - ►a - � ll- ►�� n3 T4s Pe -l -D /] Upon a motion by Richard 1. Byers and 2°d by Joe E. Smith, the Board voted to GRANT a Special Permit from Section 9 of thZoning Bylaw in order to allow the extension of the existing structure by constructing a proposed 3. story addition per Existing Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street, North dover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton Street, North Andover, MA 1845 sheet no. 2 of 9, and Site Development Plan, Lakeview Farm,. Assessors Map 35 Lot 50,10 3 Osgood Street, North Andover, MA 01845, prepared for: Thomas Properties, LLC 231 Sutton S eet, North Andover, MA 01845, sheet no. 3 of 9, Date: August 12, 2003, by Frank C. Monteiro, egistered Professional Civil Engineer #36341 and Christopher Francher, O.L.S. #36116, dat 2/9/04, MHF Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, New Hampshire 03079 and Project: Northpoint, Osgood Street, N. Andover, Project no: 0211.00, Date: 08/15/03, 10/0 03, Revisions: 02/06/04, drawn by: ERG and checked by: JJW, Woodman Associates Architec , 20 Inn Street, Newburyport, MA 01950, drawing nos. A-1, A-2, and A-3. Voting in favor: Walter F. Soul , Ellen P. McIntyre, Joseph D. LaGrasse, Joe E. Smith, and Richard J. Byers. The Board finds that the applican has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the grantin of this variance will not adversely affect the neighborhood or derogate from the intent and purpo a of the Zoning Bylaw; rather it will preserve a nineteenth century farmhouse and barn. Also, a applicant has satisfied Section 9, of the zoning bylaw and that such change, extension or altera'ion shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore, if the rights authorizedby the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and ma bere-established only after notice, and anew hearing. Furthermore, if a Special Permit grant under the provisions contained herein shall be deemed to have lapsed after a two (2) year period m the date on which the Special Permit was granted unless substantial use or construction has commced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule, Vice Chairman Decision 2004-005. M35P50. Page 2 6 k .Q NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER. MASSACHUSETTS 013-15 Phone: 978-688-9541 Fax: 978-688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA., on Tuesday the 20th day of June, 2000 at 7:30 PM to all parties interested in the appeal of property owners of Foxwood Drive and Weyland Circle, North Andover, MA., as a party aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. Said premises affected is property in the R-2 Zoning District. File is available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on June 6, & June 13, 2000. MULegalno2000/23 --c-m t o -0-> m r > '->;-(D o' m , c c..... m—��d-court>cr��cEoEr c CDa Ct$ -" ^.O ->07 >1 j5 N01' Ol0c=O LL "C '> mC 0)>E V r 0) N N t- 0) " 0) 07 O W ¢ * MLU. `q� >Q f° � ct � � ao m � � p O m cv � c� , our N� E O �aUUN pOOm'JVI� a�aabD'a1O°crmomo3U CD vaCd ra�Nm LL mm..a�..m�va >-0E .r -z ZQV�aJQjnebulro�Uzdm�m`ti;cao���y$o 55:30 m°m (O XLLZ QG~C0Oa,TRQcx'•VO)DC�c-�`COcaay.11ID c°111a a>.LIXX= (D OD�_m0NaL0 m� O�0 mm O N. UO,, Or OWN O�00I pf :2 �7 V 2: Z tN c ° m o'c(� o t� Co •c–L ° W T. a Q m=m"mQ�� ;ccrnmo,� o'mrn °N mo 02 .', 5 �y 4 FAX - TRANSMISSION To: w FAX Number: 17f' FROM: Town of North Andover Zoning Board of Appeals FAX: 978-688-9542 PHONE: 978-688-954 4 DATE: d a 3 - SUBJECT:' L Number of pages REMARAKS: 3 Please note to all interested parties: The ZBA monthly meeting has been rescheduled from September 11, 2001 to September 18, 2001.- Time: 001. Time: 7: 3 0 pm Place: Senior Center, 120R Main Street, North Andover, MA 0 1 ' f 40RTN,, i�a + h 9 Y K i � SCHUg NORTH ANDOVER OFFICE OF THE ZONLNG BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER. MASSACHUSETTS 0 1345 Phone: 978-688-9541 Fax: 978-688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA., on Tuesday the 2& day of June, 2000 at 7:30 PM to all parties interested in the appeal of property owners of Foxwood Drive and Weyland Circle, North Andover, MA., as a party aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. Said premises affected is property in the R-2 Zoning District. File is available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on June 6, & June 13, 2000. Ml/Legalno2000/23 --_� �Q'�L O'0 Ta)L'T`p�m N C11.. .3 0f,. Im U. o— d�mmi>r� �cEoE� c �ca��oro ��rom (�� mra m>� orocwo o'c o��" y>E 'W¢CclfN ma�N� o m d oOZ c o �a o a� QN m0C D o o a� 00 1 13 O�WmQN�Wa�Ocq�ocLicrmo�o3Um�00)0GO) Nm aim ���210¢ T�ECO �� � QLLZaJQ��a�o � o QUZ � � aa) C2 o �2 C: cn 0) CO.. co �V orrn mm3 c GCOOQ2000cK\focoymN(D V-0�j-p fl->. cgONQtO �i O N :10fALLL OL O�� O p 0 a) �� > ID m p OL.O 0)� dL. L 0) Z {U nZfAa Z"t c 'T rC-0 '0 ppm--mom-o Cp�ln O"'i�«. ar07 H x N Q m 'c0 Q C w 0) ONO 2O y N O O F- §Eg2.0 � o m¢ m� o ° 3ar a� mOZ�La w _ y :5 CY Town of North Andover. Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 'ssACHUS D. Robert Nicetta Telephone {978) 688-9541 Building Commissioner Fax (978) 688-9542 `Y Any appeal shall be filed within (20) days after the of filing of this notice ..,date in the office of the Town Clerk. Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle ` HEARING(S): June 20 & August 8,2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 20.04 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 & August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone; and Ellen P. McIntyre. Town of North Andover Board of Appeals, Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 W ` William J. llivan, Chairman GA Decision20 0-0023. J M25. `J Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 A CIA 4-4 0 9 G 0 r�1% 'y 1 Town of North Andover I. Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01.845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice 6 in the office of the Town Clerk. Telephone (978) 688-9541 Fax(978)688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & We land Circle HEARING(S): June 20 & August 8,2000; ivia' 13; 2004 - ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, k1 ` William J.Ilivan, Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 - co 4 `SCDCD L.� cv Town of North Andover Board of Appeals, k1 ` William J.Ilivan, Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 OF 0 14H 15206856 X LU w $0.040 lz252oo4 CL Mailed F -m01845 U) M (U > Cc 0 0 0 C, Town of North Andover o, N0T Office of the Zoning Board of Appeals 3? •`' ` 0 Community Development and Services Division ti 27 Charles Street • ° _ ,i North Andover, Massachusetts 01845 ATI WS D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone ,(978) 688-9541 Fax(978)688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle I HEARING(S): June 20 &.August 8,2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting`on Thursday, May .13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon -the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved. of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle.Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. p The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2°4 by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.); the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Towni of Nor`. Andover Board of Appeals, William J. llivan, Chairman Decision 20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 I `J _ czD 47 y�J Towni of Nor`. Andover Board of Appeals, William J. llivan, Chairman Decision 20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 I 014H1 W LU52p6g5g j $0.040 05/25/2004 Mailed From01845 %r Mn O Tip I Town of North Andover o< ,,ORTH Office of the Zoning Board of Appeals o= •r ' '' Community Development and Services Division i 27 Charles Street " _ ,,° North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone {978) 688-9541 Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2004 date of filing of this notice in the office of the Town Clerk .Property, at: Foxwood Drive & Weyland Circle The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20'& August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The in members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, k1JL` William J.llivan, Chairman _ co Decision20 0-0023. W5. Lf C> G Board of Appeals 978-688-9541 Building 978-688-9545 Conservation978-088-9530 Health 978-688-9540 Planning 978-688-9535 NAME: Property Owners of Foxwood Drive & Weyland Circle HEARING(S): June 20 & August 8,2000; May 1.3 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA,01845 ... -. TYPING DATE: May. 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20'& August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The in members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, k1JL` William J.llivan, Chairman _ co Decision20 0-0023. W5. Lf C> G Board of Appeals 978-688-9541 Building 978-688-9545 Conservation978-088-9530 Health 978-688-9540 Planning 978-688-9535 I N (D a- 0- < - 0LC) -a a) �O z 0 00 C) M 0 > 0 N< 0 0 -C N �. 0 Z w %rl 66 � - . �: . ?« 2 • tl . . N; . �Q . ff � l > .y ..,. 1 � � .. .J� . �• � ƒe ! tilt; z w Town of .North Andover FORTH Office of the Zoning Board of Appeals °diem Community Development and Services Division * s 27 Charles Street North Andover, Massachusetts 01845ACN CH USE 1 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 n Any appeal shall be filed Notice of Decision within (20) days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: Holt Road (Map 34 Parcel 40) NAME: Checkmate Development, LLC HEARING(S): March 29 & May 13, 2004 ADDRESS: Holt Road (Map 34 Parcel 40) PETITION: 2004-009 North Andover, MA 01845 Typing Date: May 13, 2004; The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application. of Checkmate Development LLC, 210 Holt Road, North Andover requesting a Special Permit pursuant to Section 4, Paragraph 4.1.1(3) in order to use the subject parcel (Map 34, Parcel 40) as accessory parking to an adult entertainment use on adjoining parcels (Map 34, Parcel 27 & Map 77, Parcel 14). The said premise affected is property with frontage on the South side of Holt Road within the I-2 zoning district. The legal notices were published in the Eagle Tribune on March 12 & 19, 2004. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, and Joe E. Smith. Upon a motion made by Walter F. Soule and 2M by Joseph D. LaGrasse, the Board voted to GRANT the applicant's request that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, and Joe E. Smith. rr7 Town .of North Andover Board of Appeals, 1tJ William J. ullivan, Chairman Decision20 4-009. M34P40. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 CO Lr: _.. Town .of North Andover Board of Appeals, 1tJ William J. ullivan, Chairman Decision20 4-009. M34P40. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 -j 05/25/2004 Mailed From 01845 o CIS ti 71 Town of North Andover HORTM Office of the Zoning Board of Appeals �? •` r o Community Development and Services Division * i 27 Charles Street • ° �i North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax(978)688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAly1E: Property Owners of Foxwood Drive & Weyland Circle HE AY-ING(S): June 20 &- Aa:gust 8, 2000; Ma 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in 'the. Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 & August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The.following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior J Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, O William J. llivan, Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 0 =r lI i - -•cam f. ��. 4J Town of North Andover Board of Appeals, O William J. llivan, Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 0 { W 014H15t g56 W t9 $0.049 05/25/2004 a Mailed From01845 CO O W CL i I Town of North Andover AORTF, Office of the Zoning Board of Appeals 3? •' 0 Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 'sswru„sE% D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone {978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle I HEARING(S): ' June 20 & August 8,2000: May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14; 2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, May .13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in 'the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 & August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of Nord, Andover Board of Appeals, W William J.llivan, Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 CD w Town of Nord, Andover Board of Appeals, W William J.llivan, Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 014HI5206 LU 0 M $0.042 r5 05/25/2004 iL Mailed From 01845 (11 C. Town of North Andover Of NORTH , Office of the Zoning Board of Appeals 0 Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 'ss,CHUSE� D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax(978)688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle HEARING(S): June 20 & August 8, 2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, May 13, 2004, at 7:30 PM'in the Senior Center, 120R Main Street, North Andover, MA upon'the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2°d by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. pn co Town of North Andover Board of Appeals, G1JL` William J.Ilivan, Chairman Decision20 0-0023. M25. .. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 014H15206856 w LUC $0.042 05/25/2004 0. Mailed FromO1845 CC o ca -ob C3 u C3 10 0 A 0 C, cq 0 " Ln CC CI CL ca C3 C3 r Town of North Andover a, ,►ORTN Office of the Zoning Board of Appeals 0 Community Development and Services Division 27 Charles Street • ' , • -- �•;,.o North Andover, Massachusetts 01845 'S3cause/ D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20)' days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NF.NIE: Property Owners. of Foxwood )v: ivc & Weyland Circle IIEa:'iI:�1G(S): 3rt�tue 20 & August 8, 2000, May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon'the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The.following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, 4P . I I ( , � // William J. ullivan Chairman 03 Decision20 0-0023. Q M25. 47 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-(,88-9530 Health 978-688-9540 Planning 978-688-9535 o H15206856 uj -j$0.04Q 05/25/2004 (L Mailed FroM 0 1845 U) r7 22 cz CMI Town of North Andover Of NORTH , Office of the Zoning Board of Appeals 3? •`a" ' '' ` 0 Community Development and Services Division * i 27 Charles Street _. North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle I HEARING(S): June 20 & August 8, 2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May .13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon`the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The -following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 William J.llivan, Chairman Co Decision20 0-0023. M25. U Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 0 rxq 014HI52W8 Ir � Lu uj $0.049 05/25/2004 Ix Mailed 1:ro mgAs 0 cc CD CD 7-1 0".) Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division \ 27 Charles Street North Andover, Massachusetts 01.845 D. Robert Nicetta Telephone {978) 688-9541 Building Commissioner Fax (978) 688-9542 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle HEARING(S): June 20 & August 8, 2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May .13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon'the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The.following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town.of North Andover Board of Appeals, u1 William J.llivan, Chairman Decision20 0-00.23. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 cn L CM C7 Town.of North Andover Board of Appeals, u1 William J.llivan, Chairman Decision20 0-00.23. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 16 014H15206856 E;856 ui LU i (A $0.049 05/25/20()4 0 CL Mailed FroMo 1845 0) Lt Lu 4n -'2 C' L' -j C -D Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street - North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the ..date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2004 Telephone (978) 688-9541 Fax(978)688-9542 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle :iLARL G(S): June20 & August 8, 2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May .13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon`the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of dated Foxwood Estates, said permit being February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 & August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The.following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, WilliamJ. llivan Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 D - co f - L7 Town of North Andover Board of Appeals, WilliamJ. llivan Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 V7, p .0 014HI5206856 w j $0.049 05/25/2004 0 0. Mailed From 0 1845 Town of North Andover o, �►ORTp Office of the Zoning Board of Appeals 10 Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 'ssAcullsEi D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the A, date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax(978)688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Proper ty.0-t niers of FoXivood Drive & Weyland Circle HEA_ G(S): dune 20.& August 8; 2000; . May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION:. 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May .13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with :frontage on Foxwood Drive &Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 &.13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The.following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2"a by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. ccs CD `-3 4J Town of North Andover Board of Appeals, William J. llivan, Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 01'4H15206856 �-- LU W $0.040 W G M: CD 05/25/2004 0©. Mailed From 01845 W th A Or , W G M: CD ro L 0 a . -k U 0 e 303 �� k Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9.541 Fax (978) 688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon'the application of Property I, Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the j Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone and Ellen P. McIntyre.i Town of North Andover Board of Appeals, W 1 William J. llivan, Chairman coDecision20 0-0023. M25. '- O N Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 NAMES Property Owners of Foi vvod Drive & Weyland Circle HEAF INTG(S): June 20 & August $..2000; May* a 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon'the application of Property I, Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the j Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone and Ellen P. McIntyre.i Town of North Andover Board of Appeals, W 1 William J. llivan, Chairman coDecision20 0-0023. M25. '- O N Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 014H 152C $0.0Lon 05/25/, T rl iJ old ru fn o: W fr. in a T z (o w SII .4 UJID tAA o fr, 0 0 s,q oC In x La f"i -ILU 0Wpi D om > 0 LU wtuz 'nocf< fr, rr 2 0 0 CE H 00 0 ODLnO 1L 0 -iz L 9 z > 0 Z C:) C.. G CV CL C,4 UL 0 OLD :z c) ca Town of North Andover of NORTH Office of the Zoning Board of Appeals 0 Community Development and Services Division * s 27 Charles Street �r North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone •(978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: ProPerty Owners of Foxwood Drive & ��e li#i�ehC:clE ` HEARING(S): .lune 20 & August 8, 2000; May 139 2004 ADDRESS` Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon`the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time. constraint forms for all succeeding meetings because of an ongoing court case. The.: following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2"a by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, W William J.llivan, Chairman c b Decision20 0-0023. Lf Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 n 0�6 C3 L0 C) Lu kn Cf) 'E 014HI5206856 Ix LU LU - -M $0.040 -tq 0si2 0 i'rn Mailed F,o 0 1845 0) im Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the ,.date of filing of this notice in the office of the Town Clerk. Telephone {978) 688-9541 Fax(978)688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle HEARING(S): June 20 & August 8,2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed.waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, k1a 1 1 ( � /1 William =Chairman c°Decision �( M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 9�t "-,. - 0 0. :E: 05 / 25 / 2004 U) Maned prom0I845 D 0 'A 0461 I- 7�6 < Lu � ict, , ci- 0 ---------- Town of North Andover o, pORTH Office of the Zoning Board of Appeals 3? •`.+ '' ` 0 Community Development and Services Division 27 Charles Street 7/ 4t.° North Andover, Massachusetts 01845 'ssA,.,,, S D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax(978)688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAI IE: ' Property owners of Foxwood. Drive &. . Weyland Circle H ARVNIG(S�� 'emne ait. G ,Rgn-t.-2-0.00; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 1412004" The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday; May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon'the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of 1. Foxwood-.Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 & August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. fV-j - co C> Town of North Andover Board of Appeals, W WilliamJ. llivan, Chairman Decision20 0-..0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 0 Town of North Andover o< NORTM Office of the Zoning Board of Appeals 3? •`' `''' o y Community Development and Services Division * i 27 Charles Street • ° -. ,r ' ���4TT0 �,`1• North Andover, Massachusetts 01.845 'Ss.,....seti D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone -(978) 688-9541 Fax(978)688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle I HEARING(S): June 20 & August 8.2000; May 13i 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon'the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 & August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The.following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. 'McIntyre. Upon a motion made by John M. Pallone and 2"a by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of 1`dorld Andover Board of Appeals, lU WilliamJ. llivan, Chairman Decision20 0-0023. M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 0 CO ctl_ LU cn CD cz� ZM r, Cj j. 014HI52f---- jr LU $0.( 05/25/, . 0 Mailed Frorr "I Ol ra In on 2 Olu Oul 0 rno a O�- zrLn W :T in ru n I Z t -O w 0, CC H0 0 M zol 0 D-1 0 Ma< 0 Ln X �-- ::Pw..Jo< z 0 H czo<- H- mcc w 6 -OHO cc -imil -1 Ix >- mixl:zwlx ol:CHZ:) kn i 030 m ,It : 3M3103 00. 000ruw 0 ALA-iZ C;,o C CL ,d t U 14M 15206856 $0.(.r . = 05/25/; Mailed From 7 ------- O a N in on z oul mo o I•- w ru �z Z 4_ w as ® m ¢ti 0 Q o �- LnX z i Tw �r1P Z 0 JN a fw 00 � of m H H U1O W �- z a HI Asa �z o¢ ¢1: J3J1w 'n HCH J opo wow-Itc . z>Lz-aU) Town of North Andover a, t1URTp 1 Office of the Zoning Board of Appeals o y Community Development and Services Division * i 27 Charles Street " ,r North Andover, Massachusetts 01845 r,,sE% D. Robert Nicetta Building Comnussioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax(978)688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property.Owners of Foxwood Drive & Weyland Circle )HRARING(S): June 20 & Angust 8.2000; . May 13, 2004 ADDRESS: Foxwood Drive &. Weyland Circle PETITION: 2000-023 North Andover; MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting'on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on. Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the.Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 &August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The.following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, William J. ullivan, Chairman co Decision20 0-0023. jf Q M25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 u woo �/(- h2t' E� JL D P�V� i/Izt io3 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 J. WILLIAM HMURCIAK, DIRECTOR, P.E. John (Jack) Sullivan, P.E. Director Of Engineering September 12, 2003 William J. Sullivan, Chairman Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: Foxwood Drive & Weyland Circle ZBA #023-2000 Dear Bill; of No pTH q Telephone (978) 685-0950 i` )4,o Fax (978) 688-9573 m 9 .I am writing to provide you with an update of the construction activities at Foxwood Drive and Weyland Circle. The following items have been completed: • Installation of four street lights • Intersection improvements at Foxwood Drive and Weyland Circle involving the installation of two (2) stamped concrete islands an associated traffic markings • 95% of drainage remediation work completed The following activities will be completed by October 14, 2003: • Drainage remediation work will be completed • Street Trees will be planted (12-15 trees) • Touch-up landscaping to disturbed areas (loam /seed) • Depressed pavement sections to be cut out, graded, and paved — specifically 2 sections around the intersection of Foxwood Drive and Weyland Circle. These items complete the majority of the corrective measures to the subdivision. I have attached a D [ tic�,eE ITrj)wd to the residents of the subdivision regarding street tree planting for your files. As we �1 J SEP 20031 BOARD 0PF-APPE-ALS Page 2 09/12/03 previously discussed, DPW will reassess the subdivision in April of 2004 to determine if any additional corrective measures are needed prior to street acceptance. If you have any questions please feel free to contact me at your convenience Very Truly Yours, Jack Sullivan Director of Engineering Attachment TOWN OF NOW1111 ANDOVER . DIVISION OF PUB.1-11C WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01345-2909 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 J. WILLIAM HMURCIAK, DIRECTOR, P.E. John (Jack) Sullivan. P.E. Telephone (978) 685-0950 Director ofEngineering r°'r`" �'o Fax (978) 688-957-3 3 � � F p To: Foxwood Drive/Weyland Circle Residents From: Jack Sullivan, Director of Engineering Date: September 12, 2003 Subject: Street Tree Plantings Dear Resident; The Department of Public Works is continuing construction activity at Foxwood Drive and Weyland Circle in an effort to bring the subdivision to Town standards for street acceptance in May of 2004. As part of this process we are anticipating planting street trees over the next few weeks. The DPW has marked out various locations throughout the subdivision with wood stakes painted green as proposed planting locations. At a minimum, we are trying to provide two (2) street trees for each residence and to replace any existing trees that are dead. Presently, we are proposing to plant and/or replace approximately 12 to 15 trees. I would appreciate hearing from any resident who might like a street tree planted at the front of their property. Also, I would appreciate any feedback you may have regarding the proposed planting locations. If you have any questions please contact meat (978) 685-0950 x21. Town of North Andover ; 40RT#1 o ,,'. o " ti Office of the Zoning Board of Appeals 0 Community Development and .Services Division 27 Charles Street -_ North Andover, Massachusetts 01845 'ss C,,,s�% D. Robert Nicetta Building Commissioner FAX TRANSMISSION TO: FAX NUMBER: 7!3 - &�6 Telephone (978) 688-9541 Fax(978)688-)542 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: - S SUBJECT: REMARKS: Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688.9530 Health 978-688.9540 Planning 978-688-9535 HP Fax K1220xi Last Transaction Date Time Type Identification May 25 10:35am Fax Sent 89786866094 Log for e NORTH ANDOVER 9786889542 May 25 2004 10:37am Duration Pales RRes llt 1:05 2 OK Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & We land Circle HEARING(S): June 20 & August 8,2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Property Owners of Foxwood Drive & Weyland Circle, North Andover as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. Public hearings were held on June 20 & August 8, 2000. The applicant signed waives time constraint forms for all succeeding meetings because of an ongoing court case. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Board voted to GRANT Senior Chief John Alfred Devlin, USN (Ret.), the petition's representative, request by facsimile that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Town of North Andover Board of Appeals, William J. Sullivan, Chairman Decision2000-0023. M25. Town of North Andover o< 0ORTif Office of the Zoning Board of Appeals 0 Community Development and Services Division * i 27 Charles Street . . North Andover, Massachusetts 01845 'SSACHUSE% D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2004 Property at: Foxwood Drive & Weyland Circle NAME: Property Owners of Foxwood Drive & Weyland Circle HEARING: June 20 & August 8, 2000; May 13, 2004 ADDRESS: Foxwood Drive & Weyland Circle PETITION: 2000-023 North Andover, MA 01845 TYPING DATE: May 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, May 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, upon the application of Property Owners of Foxwood Drive & Weyland Circle, as parties aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. The said premises affected are properties with frontage on Foxwood Drive & Weyland Circle within the R-2 zoning district. Legal notices were published in the Eagle Tribune on June 6 & 13, 2000. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by John M. Pallone and 2°d by Ellen P. McIntyre, the Board voted to GRANT the applicant's facsimile requesting that th/petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. eMtt?� �"` Town of North Andover 15 Board of Appeals, William J. Sullivan, Chairman Decision2000-0023. M25. 11 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 May -13-04 10:22A Ann Marie Lombardi 978-686-6094 May 13 04 10 t 31 a NUM I H HnUUVtK J 1 c uu,u�.l_6 Town of North Andover Office of the Zoning Board of Appeals community Development and Sesvices Division 27 Charl!-s Street North Andover, M�saar.husNtts 018x5 Telepltrnn 11)78) 4,98-9541 l ax (979) 688-9142 U_ Rt>!,'n Niawa (;urhlb!i l olownsvotier P. 01 raerre� � n r TO: -1-own of North Andover 7.oning Board of Appeals 27 Charles StreCl North Andover MA 01845 D IC (f'* - If5_ Please be advised that i wish to withdraw MY Variance Special Permit CtjmPtehcnsivc Permit (40B) .'Finding petition without prejucliee from the North Andover Goring Board of Appeals agenda far property located at: TOWN. _ VAIV1E Signed: e- t -joner (or petitiotu.�r`s repress ntwtive) try - 1 J7R-688->S-01 1LtsklelF `>)$-695 '. �-Ij t:+)tic��n�ai�•xt 4�2t-d$N"`3O tI= dtb 9/R1.ttX tJ`-d1 i'I:eNts� •!?K.l�g$ n<•;.' 14urC(,f /l P>':i''• I�C UY� MIAY �3 D BOARD OF.A-.PPEAI Z ,Z lnnr, o I ',� HP Fax K 1220xi Last Transaction Date Time Type Identification Log for NORTH ANDOVER 9786889542 May 13 2004 10:43am Duration Pages Result May 13 10:3 lam Fax Sent 89786866094 0:50 2 OK May -13-04 10:22A Ann Marie Lombardi 978-686-6094 P.02 May 13 04 10:31a NUR I H mnUUVtK j rovau.#. r ,OPT .4 Towyn of North Andover t,�,..•e Office of the Zoning Board of Appeals o Community Development and Services Division 17 C.Iiarles SirveL 4 '••...... t' North Andaver, Moesachuse:Ls 0))45 D. Rrbc1l \t�ctta %jplic�lrI UC0171/rfsy.mti'r FAX TRANSMISSION FAX NUMBER: —.-CLA� 1�z.IL` 'rClcp lone (978) 6$a-9)4 I }''jx (.ps) ti;:X-1542 FROM: Towo of North ATIriover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX.- 978-fj88.9542 PHONE: 978688-9541. NUMBER OF PAGES: —1— DATE: ,zi—_1-�—"—� SUBJECT; —� rT Y,'�'r1 1�.. QJ 1 � 1 c� l C. , f REMARKS: 'S-GKb•:)545 t•U:IYV:\•ltillI9SK•1•<F' }.Iv li�•,i!h'i7k.EM1.4}.11r i'Lome,� ire-rv< i.,, .tMp�,•t+4-eK�h$\-9}aE Lk.i!.6n�')� • May -13-04 10:22A Ann Marie Lombardi 978-686-6094 P.01 May 13 04 10:31a ht,1K I M HnUUVtK r UUU.U.r.r-6 r MOttTq Town of North Andover office of the Zoning Board of Appeals; community Development and Seavkes Division .� ChaflC% Siietit ��r�C" Nnrth Andover, M�s�achuspits 111845 U. RvM'R tiicctta ITNrIt�NtC l�nrnnriSJ'rU/ivr TU: -1-own of North Andover zoning Board of Appeal, 27 Charles Street North Andover MA 01845 Tcleptumc (1)78) 699-9541 r'a.` (97K) 60542 Lk Date cz . i C — please be advised that i wish to withdraw my Variance Special Permit Con prely nsive Permit (40B) Finding Petition withotjt prejuciiee Brom the. North Andover 'Zoning Board of Appeals agenda► for property located at: i r%i,KLEl: � a 61�I,lJtQ. (or petition- s rePrescidative) ' P el r Ac (y>T -GBS-'..e e_Ij t:rrdc •n�rt:..0 'dl $•tiRX!"i(1 i1_att�974).¢glt g•.pl i'I:rAnsv'1?Z<•r.%l n.`;� 1Lou: �f Apy:Bl= T%8-68�=>i41 1_Luldel�`. � 1 Town of North Andover 04 NORTH Office of the Zoning Board of Appeals 0 Community Development and .Services Division 27 Charles Street ` ' -- North Andover, Massachusetts 01845 'SSIC HUS% D. Robert Nicetta Building Commissioner TO: FAX TRANSMISSION f 6 q ♦ /✓ ��' Telephone (978) 688-9541 Fax(978)688-9542 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: —� DATE: _ (3 0 n l SUBJECT: Qj REMARKS: Board of Appeals 978-688.9541 Building 978-688-9545 Conservation 978-689.9530 Health 978-688-9540 Plarining 978-688.9135 i Apr-13-04.11:ZIA Ann Marie Lombardi 978-686-6094 rirr I UIP iu: t/a NORTH WiDOVER. 9786889542 p.2 Town of: North Andover Office of the Zoning Board 'of Appeals Community Development and Services Division � 27 Charles Succt North Andover, MR.a"usetts 01845 �'=wc.K►••` D. Robart Nicetta TeI phone (978) (M-954'1 f3�rildhn; C'��rNnuxrrrana� Fox (977$) 688-9542 Ui111: _ CLI TCT Town)of North Andover Zoning Board of Appeals 27 Cburles Street North Andover MA 01845 Please be ad ised that.( have agreed to waive the time constraints for the Norah Andover Zoning Roard of Appeals to make a det:ision.regwrdiug the granting o(a. VariWWC Spt;cial Permit' Gove.l'ermit (40B)'' utding . �'Cr�� Q40 for property located at: TOWN:_NA '`' - --- TO f+•nr�cf uA-rF(s): h3 �M �. NAME PETt z mrf .1 5igncci. • ':. �_ � D:z:�n P -r (or petitiot>L7. s reprntelive) D c5�'rt:o r� D. 2. cn o 7,0 > cn wavt:R Ix ►9M-t;At+•9s/t ta,.i 97S -488.9;w! Con�at�a�Y'ia•6tf-95)O.rk�Wv'I�-t;iY�9ii0.P4nw.�l71t-6�-Otj! uoa.�a:y�y.• a+re E*APRPost -it® Fax Note 7671Date , i_ /S _D paogesTo iFromCo./Dept. 1.3 2004. Co. Phone # Phone # BOARD OF APPEALS Fax # Fax # -- Apr -06-04 O5:23P Ann Marie Lombardi 978-686-6094 P.Ol npr- uu u9 ud:utp MUNTH RWDOVER 9786869542 p.2 TODOMN RORT Town of North Andover ,• Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Steeee �� ti;.. •%'"�� North Andover, Maswc'.huseus O1845 D Robert NiLena PuddutG ( OMMiSciOner Date 0� TO: Town of North Andover Zoning Board of Appeal- 27 Ch:ules Strti:et North Andover MA 01845 Telephone (,178) 688.9-941 Fax (970) 688-9542 please he advisvd that t have agreed to %vuive the time. constraints for the North Andover Zonins Board of AppCaLS to make a decision regarding the grantinw of a Y-�j ��c� .�. Variance Spa;iai Permit- Comprehensive Permit (40B)' Finding for prop tty located at: To' MLET[NG )ATE(S)- NAME: OF Siglwd: WAM•R ilpar '� •Cm9i.{1 6ailJrryim8.68tl•i3�} << ''^;uMn97R-�x11AS3n i•[calih�?x-68b)54u Pla�r�a,o77R-t.rtk.74=5 Town of North Andover NORTM Office of the Zoning Board of Appeals Community Development and .Services Division , 27 Charles Street North Andover, Massachusetts 01845 'SSAC NO D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION TO: A VQi���✓[I,n FAX NUMBER: 27q - (a _ 6QQV FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: SUBJECT: vv�� REMARKS: Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Apr -13-04 11:23A Ann Marie Lombardi 978-686-6094 P.01 Hpr 13 U4 1U:4'/a NORTH RNUOVER 9786889542 p.2 Town of North Andover. MoarN Office of the 7.oning Board of Appeals 0mijolilift POW Community Development and Services Division 27 <_ iArles Str(10. y��•..., •f,.+ ►`firth Andover, Massac.huvqts 01845 U. Robert NiCru l $ud din' ('1)r►immmover TU: "l,owat o1 -North Andover 7.oning Board of Appeals 2-/ C:IwTles Strecrt North Andover MA U 1845 Telephone (978) W-9541 Fat (978) 688-"2 Datc— ^4 b�-� -• -- please he advised that 1 have agreed to waive the time constraints for the North Andover "Lotting Hoard of Appeal~ to make a dct:ision regarding the granting of a Variance Spt:cial Perini!: C eruave Permit (40B) f Dr property locided at: TO ME-FTtNG DATE(s): NAME OF PET!' P' io r (ot petitioner's reprewntativc) WAIWX $,)anf of ApNu6,.178. 6Ak-9541 Huddln1: 978-09.9545 Cmdcrvu«-97&6115 9530 1tealUj 978.68&9546 Pla jmn,g 9'►n-6R9 9f35 Apr -13-04 11:21A Ann Marie Lombardi 97B-686-6094 P.01 tern to W• ru: 9 /a NORTH ANDOVER 978GO89542 P.2 Town of North Andover d ;r ; �p Office of the "Zoning Board of Appeals Community Development and Services Division 277 Ciarles Strcet North Andover, Mllsscic:huaetts 01845 �'=�cNue•' D. Robart Nicetla . Telephane (978) W-9541 Blodellrr.o! CbpcmixVirmi r rax (9778) 688-9542 CLI --- - Town of North Andover Zoning Board of Appeal., 27 CburkS Strecl Morth Andover MA 01845 Pkase be advised that .1 have agreed to waive the time constraints 14r the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit : - a rLswe i'ermu (40B)" mfg fur properly located at-STUFT 1" TOWN:`—' -.— •_ — — —... TO MEETING DA' F(S): NAM OF YETI�'1�1V �_l-� Signed: (or petitiorxr's repmuntalive) WAIVER Lb,udof:lpycnlx9Y8•ti88.9541 ►u��In�no�/78-488.43.1! Gor�xn:a�nnViB-686.9530 �k:��bl/8•c;88-9tgQ t•I��ni�.g�l'18-4R�.91;i! - APR 13 2004 U BOARD OF APPEALS HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Apr 13 2004 10:49am Last Transaction Date Time Type Identification Duration Pages Result Apr 13 10:47am Fax Sent 89786866094 1:09 3 OK ���, fNF�-eJ 0ev�;n Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: FAX TRANSMISSION red 1 XI/f i FAX NUMBER: M- b—L)9LI Telephone (978) 688-9541 Fax(978)68 8-9542 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: SUBJECT: &X ,-✓lgaj,"yje L' 1 e,4 Igo) C,e REMARKS: 0,e it Y\l �C-.] X j 60 1 eU r re ('0 res -- �e. g6 -ed Cly , 0Y cxY ego 1eticp Board of Appeals 978-688-9541 Building 97.8-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 HP Fax K1220xi Last Transaction Date Time Tyne Identification Log for NORTH ANDOVER 9786889542 Apr 06 2004 3:02pm Duration Pages Result Apr 6 3:O1pm Fax Sent 89786866094 1:12 3 OK Jan -07-04 11:45A Ann Marie Lombardi To: . Mr. William J. Sullivan From: Jack Devlin USN (Ret.) Re: Janus— to April Fire Chief William V. Dolan ra 978-686-6094 153 Wtviand Circle North Andover, NIA. P.01 01PA5 Dri`kb�-,,11/1,�; 9711-6116-04JO 1 Fax: 1-978-688-9542 Date: 1/7/2004 Pages: 1 X urgent 0 For Wvlemw 13 PWw Comment 0 Please Reply 0 pease Rgcyde My.Dcar Mr. Sullivan; irdirgetio" during our.cent telephone conversation that;'I send a whitenwhitenFupm-t fife xwood Special Pernut /Fire Sprinklen hen g M, ring to April MW the fiAnwin WL is provided: . . . . . . . . . . . v State Officinh on October 76 2003 ordered a wide spread review of the prALtim at the 7: -S*k Departmeni 4ftblk Safily and recently the Ening orjrs Commiakiner,kneph JARie Given that 'mSprmkkr, was Wore #wag Avid "MROY one I"OjOr Iftm IS fivat orUm ZBA, Foxwfw envy who's findinonifiW are currently in question and could have Major imfoct an the residence MW Tone of North Andoverand person Of Ptrum under invettigatim by the Mauschusewstatm Attorney Ceucrak t VOCINIM OWWC of Public Safety, Mmachowitts State roam and FBI concerning their handling of that hearing and fnifts frons same. J A KI 2004 `30A` -0.1- -ALS Since this 01190ing filVe.stigation includes hearing.% finding and rulings regarding the Foxwood Fire Sprinklers and other Wim of Public safety i respectfully asked that our request before ZBA, scheduled on January Agenda, be ddayed until ZBA April Meeting. Very Respectfully, bf.A. Devlin Senior Chief Petty Officer, United Stale,4 Navy (Retired) pages 1. Post -it® Fax Note 7671 Date pages TO �jr� I PU It, A Date VIA I Bpr Co./Dept. Phone # Fax # Ci HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Jan 14 2004 3:06pm Last Transaction Date Time Type Identification Duration Pales Rm Jan 14 3:05pm Fax Sent 89786866094 0:51 1 OK Jan -07-04 11:45A Ann Marie Lombardi 978-686-6094 P.02 Jan 07 04 11:28a NORTH ANDOVER 9786889542 P.1 Town of North Andover a "°.".'."•iso Office of the Zoning Board of Appeals ; Community Development and Services Division : �:�• s 27 Charles Stmt w ... •r'�� North Andover, Mas+athusetty 018-45 TelcpbWe (978) 688-9541 U. Robin Nicerta Fax (978) 6as•9sa2 .. /SurltlinX ('anr►russrorre, ..._ . Q FAX TRANSMISSION T0: FAX NUMBER_RC2= — - FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover. Massachusetts 01845 FAX. 978-68&9542 PHONE: 918-6W9541 NUMBER OF PAGES: 2 DATE: SUBJECT: _ e REMARKS: �,e. 1)ar, l .6VVI pvr0w q f+610D14 re4i'4 1% on 4 CI_q -0 Y) J % -01 1A le ,, FP rua�.f 10 lypoilr09-GBft•95a1 Lit, ilding97$483-94fl C031vervation913-09.9:".10 11ca11ii918.A98•I540 Pl;.nninaI HP Fax K1220xi Last Transaction Date. Time Type Identification Jan 7 11:28am Fax Sent 89786866094 Log for NORTH ANDOVER 9186889542 Jan 07 2004 11:29am. Duration Pages Result 1:08 2 OK Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner FAX TRANSMISSION 0 TO: �I D[A A / 'l t -✓ed ( ),ev I Telephone (978) 688-9541 Fax (978) 688-9542 FAX NUMBER: 9-7?, &q (2— h,2� �L FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: 2-- N 03 ,2 �� r SUBJECT: cv A � OVI I Vl (A of 4 Ce— REMARKS: Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Dec -02-03 03:17P Ann Mar -ie Lombardi To: Mr. William J. Sullivan Fax: From: Jack Devlin USN (Ret.) Date: Re: December to.lanuray pages: CC: Fire Chief William V. Dolan 978-686-6094 1S3 Weyiiintj C.1 r-cir North Andover, NIA, 01845 . I 9784M-9430 1-978-688-9542 12/2/2003 X Urgent 13 For Re viewr 13 Please Comment o phwe Remy' 11 Please Recycie Des Mr..Sviiiviin'; y •' ir direction during our m. 'ent telephone convenatirm that, , I -send a written rcilueld (Or A Permit !Fire Siukkn hex SPCO pr ring 10januray 2 w00d 004 the fUlknVing is arc aware StINIC Officials on OLhilier 7"'2M ordered a wide spread review of the Practives at the of Public Safety and remly the firing (If it's COmmissioner.losefill Lallie. t Given that recently one major item in front of flit ZBA, FOxw(mxl Fire Sprinkler, wasbefore thatagency. And who's findings/rulinp p am currently in question and could hove. major impact on the residence and Town of North Andover, and pason or persons under investigation by . The MossathusettsStates Attorney General, Executive, . Of)ice of Public Safety, ManliclIMINState PoliceandFBI conceming their handling of that hearing and findings fin)m same. Since this ongoing investigation includes hearings, finding and rulings regarding the Foxwood Firs Sprinklers and other issues of Public silfely I res-pectrun y asketi that our request before ZBA, scheduled on November Agenda, he delayed for at least one inotilk. Very Respcelfully, J.A. Devlin Senior Chief Petty Officer, United States Navy . (Retired) v� 0 M 3 LJ ALS . - . . . . . I I I I * - - - - - 0 . . . . . . . . . . I Ds.c 02. O3 03:18PAnn>.Mare Lombardi 978 686-5094 P<,O� M3 wtybild;i'irtlt Nortk-AndOVer, MA. OMM64430 iNr B ^�Igryau�il�i�N' �«+� 'a." -» �$uc' -' �eti�9t-+ -� •t a' .9 y� !L � :,• , I To Mr. Willipiq,J. ullivtlq Far 1-'178-(►BR-9 42' t, From:'..Eaek UevGn USN (Ret.) late: E2l2I2003 W Re: December to Janurpy ` Pages: l . CC: hire Chier William' V. Dolan " X t)tgent- , O For !view► t] Plesee Cominet�t Q Pke Ropy i7 Plesse.Recycle �r. Sullivan; nr oar direetiottduringeurr+xcatteleppecoayrr�uhop tbitt�' f wuf'A written requoct fitrn •. 3, 41 � �d - uxa�x d Sj�a�3ntE'terstit /Fa+e Sptinkters hatiinC 1�►.Eagpr" ZIMMt•' the bllt„vut8JW lc H. fr7 F :...t .., b {itrre:awarcSlatrOlficialsoaUauber'7"'2011t3.or recialow'aprtradthe +r xtment e1 t'ttb& Safrty and noently the firing of HIS Comm beer Wit+ t:na civ* mat t+cccatlytritctgin•rnyntoflJ>cllEA;Pix*wdt+hptipredcler�*ft.lx&N*that��nry ,tnd: Frho's lfa�n�!t/rnlin� at+c�`s i�rntty in glkstian .cad copltt ltartc valor i:6e mideme and Tow'tt pC{V th AnJnvet-, and:pet:rcm drPersons at�ldr ieye pn,by the lNauslchusew.fi Arcs Atterttey t.eneraE, l xoeutivr( ioeof Public Safety, Massacltnsettk Sfntc E`olicc atnl FRF"coaccmiipt thecbatulling urtbuc hearing anti routings rim setae. Since tMs:dagoitt9Jhvestt ttlon includes hearengstindrn acrd--rplings regarding.:the. F'«xwovd Ft"re IS prinklcrs andl other imues orip"Ur Saiety t respMfully ached thaNwr. request before ZRA,scheduled tits,November Agenda, bc: delayed; for at. least om mntrth; Very R�wpeetrully J.A. Devlin Senior Chief Prtty' OlTmer, Unitett States Navy (Retired}. Dec -02-03 03:18P Ann Maria Lombardi To: Mr. William J. Sullivan From: -lack Devlin IISN (Rel.) Re: December to Januray CC: Fire Chief Willing" V. Dolan X urgart 0 For Review 978-686-6094 P.01 153 Weylund Circle North Andover. MA. 019415 978-6A6-0430 11 Please Comment IJ Pleew Reply 0 Please Recycle your direction #11b during our roccul telephone t.onvel%atioll ftt;, I seats a written Mquest lior a xw"od Special Permit/FIM Sprinklers liclirbil 11) Jona y2111k1"the iD g rhllowin is •:-.•._:..::: . Ku art aware State Officials on Cktuber 7' 200 ordered a wide spread review orthe practices HI the . ..... . .. . W Ik rely recently Wdmellt Of 1141blic S.0 and the rwingtifit-sCAugim ionerJoseph Laddie. Given that t recently one major item in front Ofthe ZHA, Foxwood NreSprinkler, was before that Agency. And who's (Indingi/rulings are currently in questi6n and could have major impact on the residence and Town orNprth Andover, and perms or persons under investigation by the Virmachusift States Attorney General, Executive office of Public Safety, Massachusetts State Police and FHJ concerning their handling of that hearing and findings 11min same,. Since this ongoing investigation includes hearings, finding and ruling-, regarding lilt, l7csiwood Fire Sprinklers and other issues of Public Safety I respectfully asked that our request before ZRA, scheduled on November Agenda, be delayed for at least one month, Very Respectfully, J.A. Devlin Senior Chief Petty Officer, United States Navy (Retired) . . . . . . . . . . . . . . . . . . . . . . . . 0 E 1, 20 BQAPD Or- AFPrr_,_AL.S 3 Fax: 11-978-6138-95412 Date-, 12/2/2003 ui Pages: I 11 Please Comment IJ Pleew Reply 0 Please Recycle your direction #11b during our roccul telephone t.onvel%atioll ftt;, I seats a written Mquest lior a xw"od Special Permit/FIM Sprinklers liclirbil 11) Jona y2111k1"the iD g rhllowin is •:-.•._:..::: . Ku art aware State Officials on Cktuber 7' 200 ordered a wide spread review orthe practices HI the . ..... . .. . W Ik rely recently Wdmellt Of 1141blic S.0 and the rwingtifit-sCAugim ionerJoseph Laddie. Given that t recently one major item in front Ofthe ZHA, Foxwood NreSprinkler, was before that Agency. And who's (Indingi/rulings are currently in questi6n and could have major impact on the residence and Town orNprth Andover, and perms or persons under investigation by the Virmachusift States Attorney General, Executive office of Public Safety, Massachusetts State Police and FHJ concerning their handling of that hearing and findings 11min same,. Since this ongoing investigation includes hearings, finding and ruling-, regarding lilt, l7csiwood Fire Sprinklers and other issues of Public Safety I respectfully asked that our request before ZRA, scheduled on November Agenda, be delayed for at least one month, Very Respectfully, J.A. Devlin Senior Chief Petty Officer, United States Navy (Retired) . . . . . . . . . . . . . . . . . . . . . . . . 0 E 1, 20 BQAPD Or- AFPrr_,_AL.S 153 Weylsnd Orale North Andover, MA. DIN44 • !178.686.04.1(1 ::..: • NE C E HA NOV 4 - 2003 10 ' d To: Mr. William J. Sullivan From: Jack Dcviitl USN (Rct.) Fax: 1-978-688-9542. Dabs: 1114/2003 Re November to December Pages' 1 CC: Fire Chief William V, Dolan X Urgent ❑ For Review ❑ Please Comment 11 Please Reply . ❑ Please Recycle ' • :ley. t>w�xN)r. Sullivan, aAW,atr direction daring our recent telephone conve,siation that," Benda a written request for a ............... di��ryftlic Foxwwd Special Permit /Fire Sprinklers hebring to lJcocn111cr 21103^ etre fotbwing it pr:t►itdai: ' As you are aware State Otlicinh on October 76 2003 ordered a wide spread review of the practices at the State Department of Public Safety. Given that recently one major item it Ikont ofthe 'LDA, Moxwood Fire Sprinkler, was before that agency. And who's lindutgs/ruknps are currently in question and muld have major impact on the residence and Town of North Andover, and person or persons under invivAiggation by the Mnuachusctts States Attorney Ge» oral, Executive Office of Public Safety, Mamachau tts, State Police and FBI concerning their handfing of that hearing and findings from same. Since this ongoing investigation includes hearings, finding and rulings regarding the Foxwood Fire Sprinklers and other issues of Public Safety l respectfully asked that our request-befnre-ZBA, scheduled on Nuvember Agenda, be delayed for at lenat-nue month. e Res ctfuli ................. ti609-989-8L6 �p.Aegwoj OL-AeW UUV d9Z:Z0 EO -VO -not v �II IS3wcyli4rchit AI QQt1Er? • NorthllAuUndove.N r, A. of m8466b'vA�Vf 20 A 51 . . i��� vii i. •: i;;: • �•.: fiic� r To: Mr. William J. Sullivan Fax: 1-978-688-9542 From: ,lack Devlin U,SN (iter~) Re: November to December CC: Fire Chief William Y. Dolan Date: I i /4/20113 1 ` Pages- I eoX v)00) Dr: ✓f- 9 WQ- I0t by X Urgent ❑ For Review El Please Comment ❑ Please Reply 11 Please Recycle My. Dar,, r. Sullivan; �!tigtr direction during our recent telephone converwtion that," 1 pard a written request for a :. ; d{ 1folilic Noxwnnd Special Permit /Fire Sprinklers hearing to December 2003^ the lbtbwing is pts►i�[tlel: M you are aware State Officials on October 76 2003 ordered as wide spread review of the prachm at the State Department of Public Safety. Given that recently one major item in Ittont of the GBA, leoxwood Fire Sprinkler, was before that agency. And who's tindutgs/ruliags are currently in question aml Lould have major impact nn the residence and Town of North Andover, and person or persona under inve►•tq,ation by the Massachusetts Slava Attorney General, Executive Ofnce of Public Safety, MaysachtmA i Stale Poli v- and FBI concerning their handbag of that hearihg and 0ndinyc fmm same Since this Ongoing investigation includes hea.ringy, rinding and rulings regarding the Foxwood Fire Sprinklers and other issuer of Public. Safety I respectfully asked that our request before ZRA, scheduled on November Agenda, be belayed for at least one month. n e Rep- ctfuli NOV 4 - 2003 ............ BOARD OF APPA ,: �? 6� pp-•D�3 TO'd b609-989-SZ6 �p..tegUJOJ OL.ARW UUd d9Z=Z0 EO-j7()-AoN HP Fax K1220xi Last Transaction Date Time Type Nov 4. 4:14pm Fax Sent Identification 89786866094 Log for NORTH ANDOVER 9786889542 Nov 04 2003 4:16pm Duration Pages Result 0:54 2 OK G Town of North Andover Office of the Zoning Board of Appeals o Community Development and Services Division i 27 Charles Street North Andover, Massachusetts 01845 ;e.. D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION nn `� TO: FAX NUMBER: _-M 6e� to —p FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES:_ DATE: � SUBJECT: V -Q-7 ve T1 C, DVI t n&, e- REMARKS: _ -from I/- /� -o 3 .',v � 7�`U L/X/CA l V 4P_ Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Oct 28 2003 2:32pm Last Transaction Date Time Twe Identification Duration Paes Result Oct 28 2:15pm Fax Sent 89786866094 0:49 1 OK TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 J. WILLIAM HMURCIAK, DIRECTOR, P.E. John (Jack) Sullivan. P.E. Director of 'Engineering September 12, 2003 William J. Sullivan, Chairman Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: Foxwood Drive & Weyland Circle ZBA #023-2000 Dear Bill; °� NORTH q Telephone (978) 685-0950 Fax (978) 688-9573 L 9 \°► `,`O7 I am writing to provide you with an update of the construction activities at Foxwood Drive and Weyland Circle. The following items have been completed: • Installation of four street lights • Intersection improvements at Foxwood Drive and Weyland Circle involving the installation of two (2) stamped concrete islands an associated traffic markings • 95% of drainage remediation work completed The following activities will be completed by October 14, 2003: • Drainage remediation work will be completed • Street Trees will be planted (12-15 trees) • Touch-up landscaping to disturbed areas (loam/seed) • Depressed pavement sections to be cut out, graded, and paved — specifically 2 sections around the intersection of Foxwood Drive and Weyland Circle. These items complete the majority of the corrective measures to the subdivision. I have attached a e� ITrep d to the residents of the subdivision regarding street tree planting for your files. As we lL�� l f�J SEP ?003 8 ARD 01F A P,"1 AL_S Page 2 09/12/03 previously discussed,.DPW will reassess the subdivision in April of 2004 to determine if any additional corrective measures are needed prior to street acceptance. If you have any questions please feel free to contact me at your convenience. Very Truly Yours, ack Sullivan Director of Engineering Attachment "1 O \ OF NOR 11i A\—NDOV1 I� DIVISIONO.F.PU BLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH. ANDOVER, MASSACHUSETTS 01845-2909 John (Jack) Sullivan, P.E. Director of Engineering J. WILLIAM HMURCIAK, DIRECTOR, P.E. To: Foxwood Drive/Weyland Circle Residents From: Jack Sullivan, Director of Engineering Date: September 12, 2003 Subject: Street Tree Plantings Dear Resident; Telephone (978) 685-0950 Fax (978) 688-9573 The Department of Public Works is continuing construction activity at Foxwood Drive and Weyland Circle in an effort to bring the subdivision to Town standards for street acceptance in May of 2004. As part of this process we are anticipating planting street trees over the next few weeks. The DPW has marked out various locations throughout the subdivision with wood. stakes painted green as proposed planting locations. At a minimum, we are trying to provide two (2) street trees for each residence and to replace any existing trees that are dead. Presently, we are proposing to plant and/or replace approximately 12 to 15 trees. I would appreciate hearing from any resident who might like a street tree planted at the front of their property. Also, I would appreciate any feedback you may have regarding the proposed planting locations. If you have any questions please contact meat (978) 685-0950 x21. HP Fax K1220xi Last Transaction Date Time Type Identification Log for NORTH ANDOVER 9786889542 Oct 08 2003 4:08pm Duration Pagers Rtmh Oct 8 3:57pm Fax Sent 89786866094 1:40 4 OK Town3 of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION TO: FAX NUMBER: 9 2 2 6 b- 6 0 c, � FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street . North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: _� DATE: D SUBJECT: REMARKS: Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-6,88-9530 Health 978-688-9546'V Planning 978-688-9535 Sep -08-03 01:22P Ann Marie Lombardi 978-686-6094 P.01 u4ju,v I OWII Ott NOMI Anoovier ;,N k-umulunity LievtfloputruRt all U at:j W, AtUb ill VA-vjtjll v.<, <, LrurhiS Nrl eWl 0 Telenhonf% PCOM AAR CA. 07,10 6RR t)-- I U: i OWn u i ecorin i-inuovur AmInu Bo;ird (if Apfx:i%Lq Ao+-,%P,- MA (W*IR4S 41 k IIJIUVVVI L.Wouty, ou"Ikv v). 11ULk, 11 -1 u,Yb—MA1441C, VI IL V UrAlIve NDCLUU ren= Z VertTlIt (1()IJ! f T-1 TO W�FTIN(J JDATFISI: NI FE C9 �cl, SEP 8 - 2003 Li I 90ARD OF APPEA4S HP Fax K 1220xi ' X Log for NORTH ANDOVER 9786889542 Jun 12 2003 10:56am Last 30 Transactions Date Time Twe Identification Duration Pales Result Jun 11 9:02am Received 89786889575 0:45 2 OK Jun 11 9:07am Received 978 851 7270 1:11 1 OK Jun 11 10:34am Fax Sent 816179641234 0:38 0 Error 420 Jun 11 10:38am Fax Sent 816179641234 0:40 2 OK Jun 11 10:59am Received 781 438 9654 1:21 2 OK Jun 11 11: Barn Fax Sent 89786851099 1:53 3 OK Jun 11 1:06pm Received 0000000000 0:34 1 OK Jun 11 1:33pm Received 1:02 3 OK Jun 11 2:41pm Fax Sent 815085840851 0:24 1 OK Jun 11 2:48pm Fax Sent 819785328410 0:36 2 OK Jun 11 2:52pm Fax Sent 89789752181 1:29 2 OK Jun 11 3:13pm Received 978 3729299 0:16 2 OK Jun 11 3:20pm Received 978 3729299 0:28 2 OK Jun 11 3:35pm Fax Sent 818779866519 0:49 2 OK Jun 11 3:42pm Fax Sent 89786860755 0:30 2 OK Jun 11 4:06pm Received 0:38 0 No fax Jun 11 4:46pm Fax Sent 89786860755 0:22 1 OK Jun 12 9:35am Received 78186068280:51 3 OK Jun 12 Jun 12 9:48am 9:51am Fax Sent Fax 89787258200 wvv Ves� 0:52 1 OK Sent 89786898288—'716 0:35 1 OK Jun 12 9:54am Received 4:35 3 Error 232 Jun 12 9:59am Received 1:29 3 OK Jun 12 10:12am Received 0:38 0 No fax Jun 12 10:20am Received 197885j,8, 47 0:26 1 OK Jun 12 10:38am Received 978 6$;`''x$78 1:47 5 OK Jun 12 10:49am Fax Sent 89787817562900- 0:38 0 Error 388 Jun 12 10:50am Fax Sent 8978794208&-, F', , S� e t i 0:36 1 OK Jun 12 10:51am Fax Sent 87984700618 14-2.4 0:37 0 Error 388 Jun 12 10:53am Fax Sent 89786821712 - 471t `;-17 4J 0:51 2 OK Jun 12 10:54am Fax Sent 89787817562900 0:38 0 Error 388 - .T-•z..s,.a-.-.n.-..., ToWn df-North'Ai doves _ Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845, D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 TO: FAX NUMBER: °) 7 FAX TRANSMISSION 41 � (J n ew l 1 V) FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX. 978-688=9542 PHONE: 978-688-9541 NUMBER OF PAGES: 3 DATE: - D 3 SUBJECT: REMARKS: Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540'V Planning 978-688-9535 . r�- t` �®0� 1 JC �tl d or E 6-13VI C D v j d vi �w Q k CG S � I ov 16 0-0 / o /civ ?--46 f �'Pqq- 51J, e, }tlrt spriviulev- 00-YU ? 3 -►-0!,r 1 3101 m,-%��� 001 $� 9—oi I f`ve�ipiy /d► / �p_ati ll — 15 —0 T IML from the desk of faj-y Lea -I pp olito M -E -ISI -O TO. DA TE.- a 16 116 -o 03l MGLE.NNON Microsoft Word - New Microsoft Word Documen 02-06-20 09:58 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date � U Telephone (978) 688-9541 Fax (978)688-9542 TO: Town of North Andover Fax Note 7671 Zoning Board of Appeals pag s� 1 27 Charles Street f Q o p North Andover MA 01845 �' - `- S G CD Phone # Phone # Fax #-� 5 — WIV }> _-�cor._' Please be advised that I have agreed to waive the time constraints for the 1'Vrth�' r v i Andover Zoning Board of Appeals to make a decision regarding the granting of a t,, m' 0 T, LJ _ C ^, Variance Special Permit - Comprehensive Permit (40B) Finc-0 ngl I for property located at: STREET: - TOWN: TO MEETING DATE(S): NAME OF P Signed: Post -it' Fax Note 7671 Dateb03 pag s� 1 To ^ 4 f Q o p From 4 11 Z J3 A Co./Dept. S G Co. Phone # Phone # Fax #-� 5 — WIV Fax # g v V 1 e e r/ s representative) CV17eu-S -svd Dr I (� J' WAIVER 2(M� deats 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 ,JUN i � UUUJJ ��f)lpp DARD Or APPEALS M I Z y f8bb4`35(J'.? JAMEb K bLruuK PAUE Ul OWC-11-02 09:60 Town of Nolth Andover c *ko Zogwitta Board of AMAIS Aft, -*-*&A ca"40014 Divirdon W Comm caur"04-.4" --- - ---- - - v ij C) uwic—.' 5 t re ", t T �cILT - Fix (971)-68A-9,542 TO. TOWn Of N0111h ADduvcr zoning r3owd of APPC813 27 charier :;trees North Andover MAO W45 Picric be adviwd *0 1 hwe apecA to waive -ego jim coWaWs L)i tb* 7zrkg Ple-ard cf appeab to make a decision refuding the OnWing or* VueMM9 afid i0f SPCCiW PC-Iw4t '111-1 property located at: I' Y L, jc,- TOWN: mumm DAms). --!Aji c --l\ I P e s subdivisior of NAME OFF& ER: W C= C= C - C) C-) TT % PTmd: 'kMW 'MW, c > -'j D P p for i 6irls mprewntafive) petIU6 or oc tu 0 /James . .R. Senior. Esq. co C-) CD M CD r7 C) (f) CD j 348 Part Street, Suite E207 < = North Reading, MA 01864 M > (978).664-0050 cn W. V (ItAlT)tfiRA-0540 PLAN. WTN0 681-9533 ID EIG 1111210 012 BOARD OF APPEALS Town of North Andover a� NpRTk p ,6 V Office of the Zoning Board of Appeals°='6 < Community Development and Services Division A.x 27 Charles Street �sR ... r... North Andover, Massachusetts 01845 4SSpCkUs% D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax(978)688-9542 FAX TRANSMISSION TO: FAX NUMBER:�— FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts' 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE:�- SUBJECT: W 1 U1 r REMARKS: (� V\) -� 0 l) 3 �,�) t., ) e - Board o1' Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 t HP OfficeJet Personal Printer/Fax/Copier Last Fax Identification Result Pages Tyne 89786649502 OK 03 Sent 1.2.0 3.8 Fax Log Report Dec -11-02 09:51 Date Time Duration Diagnostic Dec -11 09:50 00:01:14 002580030022 3 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax(978)688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and /or Special Permit for property located at: STREET: Foy, won ,^ Y X11 1 v- � HiQ_ P/- TOWN: orq &4uer MEETING DATE(S): 10 , 'aOD j7 NAME OF PETITIONER: Signed: Petitioner (or petitioner's representative) WAIVER BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 06/07/2002 08:15 9786649502 JAMES R SENIOR PAGE 02 Jun -07-02 08:34 P.01 RECEIVEDB RADSHj\Town of North Andover JOYCE B1'� TOWN C L E R K)ffice of the Zoning Board of Appeals NORTH ANA46dnity Development and Services Division 27 0mrtes 5trect ZggZ jUN - I P 3' 5 ONorth Andover, Maasachuwtts MINA5 D. Robert Nicetta AuiGfi+aq Guarnnli�air>anr TO: 'Down of North Andover Zoniq Board of Appeals 27 Charles Street Notch Andover MA 01845 Ire. Tqotrphonie (9711) 688-9.941 Foo (Wn) 68&95m2 June 7 2002 laatrl Please be advised that I have agree) to waive the tune constraints for the Zoning Board of appeals to make v decision regarding the granting of a Variance and /or Special Penult for pruPe'ny locates! at: Foxwood Drive & Wayland Circle STREET: TOWN: North Andover, MA 01845 MLETIN(i UATE(S). Postpone from 6-.11 0 2 to 12.!-10-02 Residents of Foxw�od Subdivision NAML' 0t F8'f N0NER: By their Atterney, , Signed. Pcp1 tioner (or eA ones rerrt'senttitivc) James R. Sijnior, Esq. 348 Park Stregt,, Suite E207 North Reading,' MA 01864 (978) 664-0050 wAIVLR HOARD OF APPM.A1A 1)X8 -90A1 RVILO U 055•'045 1'0NS1:kVAT10N r.&K-75)0 IWATTTH AU -9541: W.ANNIN(i OU -953! 05/16/2002 14:42 9786649502 JAMES R SENIOR PAGE 01 —'" P.03 May -16-02 12:14 Town of North Andover "• Office of the Zoning Board of Appeals d ; CommunityDevelopment and Services Division': 27 Chark -A Street * �,.,.. •�' North Amlovet, MK„lachuArtts 01845 C I elephone (978) 688-9511 D. Robert Nicett;t fax (478) t>8i3-9.542 buildinx Ccmleurxianer Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andavcr MA 0184,5 5/16/2002 C) -.^i ti r-) 7Z v rn rn CZ r-) C-) rn J r -D r-1 rn o rn D C) cpG rn o � Please be advised that I have agreed to waive the time (Ymstrainti for the Zoning Board of appeals to make a decision regarding the grunting of u Variance and /or Special Pertuit for properly located at: STREET: TOWN: Foxwood Drive & Wayland Circle North Andover, MA 01845 :HUTINGDATWS): nFD5f�,Ortvr) �om 5-;,q -0"oZ 'v 6' P- Dat esidents of Foxwood Subdivision NAME OF FK 1)' AI.R_ By Phpir/,fttorney, . Signed: WAJV1:K rl*;e~--- -- .---- s repfesentattvc) James R. Seniors Esq. 348 Park Street, Suite E207 North Reading, MA 01864 (978) 664-0050 SO,%RD OF A11MA1.S (,88 9S01 RV11 fNNC> 011X 9S,1S C ONSFA VATk)N M.11•95.m1 KKAUH 611&7S1t1 PLANNING W-951 MAY 16 2002 D BOARD OF APPEALS 06/07/2002 08:15 9786649502 JAMES R SENIOR PAGE 01 LAW OFFICES OF JAMES R. SENIOR PARK PLACE EAST 348 PARK STREET, SURE 207 NORTH REAatG, WssAcrusErTs 01864 TELEwoNe: (978)884-0050 Fax: (978) 864-9502 June 07, 2002 North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACSIlAZE: (978)688-9542 Dear Chairman: H H,?: i E D JOYCE 3RADSWOVV T M`` IN, nC i_}E�}RtIK I �J{ijIi At, D0YEil ZUR JUN - � P 3 50 File no. Devlin Foxwood / 99-077 FaxwoodSubdivision - June 11, 2002 Enclosed are the new waiver forms. My clients would like to postpone the hearing date of this matter from June 11, 2002 to December 10, 2002 as the Town Meeting has authorized work in the subdivision which may render a part of this appeal moot. Additionally, the state is still considering action regarding the sprinkler systems in the homes, which may render the remainder of the appeal moot. D/ zC)04 14: 4Z 16-p2 12: 14 'J Ibbb475bZ JAMES R. SENIOR Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 (.'hnrlcs Street North Andover, Ma,%achuxc.wq 01845 D. Rohcrt Nicetta l�Hll(�trij( �.�(g71M1.1'.51UIeC1 Tate 5/16/2002 PAGE 01 P. 03 wTM .1• ,., Ok • � �amu..,,• • r tiTo. CM 1 elephone^ (978) 688-9541 Fax (478) eit3ti-9.542 Please be advised that 1 have agreed to waive the time t-on%trainvi for the Zoning Board of appeals to make a devision regarding the grunting of u Variance and /or Special Penuit for property located at: STREET: Foxwood Drive & Wayland Circle North Andover, MA 01845 TOWN:-- MEMNG DATE(S): R95f t owd �rom s - ;,q -off fo 6 - //- ox esidents of Foxwood Subdivision NAME OF PF-/1)'lONFK_ By 'thyeir Atorney , x� pro"M01 //%//� r . �. 11 1 gm . • i i VJames R. Senior,, Esq. 348 Park Street, Suite E207 North Reading, MA 01864 WAIVt:K (978) 664-0050 BOARD fjF �rtn+nr A f,Kti VSo1 RIM MVG OAK 91W.5 CONS F.R VATRP4 044-95V HKAtJH 688-'?.tl() t'LANNING 64M-9531 MAY 1 s 2002 BOARD OF APPEAL r� ra { _{ -7 rri TO: Town of Nath Andover --t 1' Zoning Board of A ,cats: c t_'_ o�cnG 27 Charles Street _ y North An&)vcr M A 01845 �? c Please be advised that 1 have agreed to waive the time t-on%trainvi for the Zoning Board of appeals to make a devision regarding the grunting of u Variance and /or Special Penuit for property located at: STREET: Foxwood Drive & Wayland Circle North Andover, MA 01845 TOWN:-- MEMNG DATE(S): R95f t owd �rom s - ;,q -off fo 6 - //- ox esidents of Foxwood Subdivision NAME OF PF-/1)'lONFK_ By 'thyeir Atorney , x� pro"M01 //%//� r . �. 11 1 gm . • i i VJames R. Senior,, Esq. 348 Park Street, Suite E207 North Reading, MA 01864 WAIVt:K (978) 664-0050 BOARD fjF �rtn+nr A f,Kti VSo1 RIM MVG OAK 91W.5 CONS F.R VATRP4 044-95V HKAtJH 688-'?.tl() t'LANNING 64M-9531 MAY 1 s 2002 BOARD OF APPEAL 04/26/2002 07:48 9786649502 Apr -2S-02 13:11 JAMES R SENIOR PAGE 01 P.02 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Cbar1v3',;trPeL North Andown Mamachusetts tYt84S D. ltobLxt Nicetta Te-lepham* (WV) 6U-9541 Building Commix'sioner Fdx (978) 6WO542 Ditto. TO: Town of Nulth Andover 7oning Board 01'Appca6 27 Charles Street North Andom MA 01845 April 26. 2002 Please be advised that I have agreed to waive the tinw comtTaints for the Zoning Board of appeals to mWce a decision regarding the granting ora Variance and /or Special Permit; or Finding for property located at: roxwood Drive & Wayland Circle North Andover',� MA 01,845 TO": May 28, 2 MEEUNG He*9tints of roxwo,6-Y -SubdiV'" -1 Si on By t attorney. NAMU OF PFTql(?NER 'Peir Signed: Zvt I/'it icmcr �o6iitionces representative) Ja'*me8 R. Senior, Esq. 348 Park Street, Suite E207 North Reading. MA 01864 WPJVF6R (978)664-0050 C-- =4 C-) FA)AK00j,*,%P?V.Aji6W954j C:0W3VKVM*jt)N(,%5t.9530 1j1:A1.Tjj(A9-954u Co C3 (-1 CD U) CD 04/26/2002 07:48 9786649502 JAMES R SENIOR PAGE 02 Apv--25—t72 13:11 P.01 'own of North Andover Office of the Zowng Soard of Appeals �► , CoMnnnity Development and Services Division 27 to gtt et North Andover, Maa hvwtts (n845 D- Robert Niccttse Building (:+�htNNs�inrr�r Ta ,I A' t FAX NUMMIt- Cl 7 FROft TWn Of N&W AndoNe, c &Wro Or Appel 27 C1*tw am" *Ml fir, A48W8ChUWft 01M �iuc f�re.eea�.®sem Telephone (978) 6m -9U, Fu .(9n) 68&9342 A. NUAGM OF PAS Jz� "AcwF { 0 s 1A[tIf <7A ;�Ft t_gl,.S G8i-9141 RInLDiNci bdY-y�•is I(Y.�►I.(�f6RIR9i•10 y1�:Hry4R$•9�1i ,A 73 -4 � C-)GU!tSR�VA'I7t1}VtiB�-9330 r f'lrTi NC7, C-) ! r < Ar N :::kD W J 12/20/2001 11:30 9786649502 JAMES R SENIOR PAGE 01 v LAW OFFICES OF JAMES R. SENIOR PARK PLACE EAST 348 PARK STREET, SUITE 207 NORTH READING, MASSACHUSETTS 01864 TELEPHONE: (9784 -MM Fax: (979) 664-9502 December 20, 2001 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACSR TILE TO: 1-978-688-9542 Dear Chairman: Re: Foxwood Subdivision File no. Devlin Foxwood / 99-077 Enclosed please find the new waiver form, which waives the January 15'x, February 12* , March 12`x, and April 9a, 2002 meetings. Please schedule us for the May 21, 2002 meeting hearing date. ies you foryour coo on in this regardruly yo R. Senior Enclosure 12/20/2001 11:30 9786649502 Doc -17-01 04:09P JAMES R SENIOR PAGE 02 P_03 Town of Notth Andover a Office of the Zoning Board of Appeals ' Community Development and Services Division e ; Heidi Griffin, Uiviaion Director 2 Charivs StTL'('.t + Nvrt.h Andover, Mavuwhwict.ty (T1,445 jl k. Ta+n�� (47M)tiHfi•h4l U. Kubert Nicert:i 'T' Pi:dr/hr i, ( i meia,uunrr Nox (976) 688-9342 Date: December 20 , 2001 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01W Please be advised that I have agreed to waive the time constraints for the Zoning Board Of Appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: Poxwood Drive & weyland Circle TOWN: North Andover, MA 01845 MEETING DATE(S): gp`'e 9. Jan Resi,Ze NAME OFAITIONER: kYhrfit signed: 15th., February 12th:, March 12th, and of Foxwood Subdivision Attornev. Representative) VJames R. Senior, Esq. 348 Park Street, Suite E207 North Reading, MA 01864 wai-atir'+econ 19io'1 (978)664-0050 ilii 11W ot, .v•i•b. ,iS i,>;K.+�%A: iCONSH(VA"JON GtV.P%lb ULAi'111 (.1fe-9340 u1.ANNINC 01-9 -.15 i Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner FAX TRANSMISSION TO: ovhf5 V\ sevl" oc Esq FAX NUMBER: 171 " 6,6 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 Telephone (978) 688-9541 Fax(978)688-9542 DATE: l a-` (7 " 01 SUBJECT: beJ Iiin FOxwood Z01 9 - 0 77 FoX(,Voo) �u�v�,✓���o� ectY��,� NUMBER OF PAGES: 3 REMARKS: ��hPd I��se n 4c aoo DL, mQt An 5c-� ,eJU l ei a h J civ, U1 d o f ed wa j ver -(�f 4i. (o)oq l Jd U PreJer 40 send q wa ; ✓e r \Or P-ctc-� n"Re-410 ()y, vvovi)d �0U . P fe�er TO vu -'I ve Torn a I Fe� CIYC� Ian Qd Agri I q)� 'OD� OVI o✓IQ. �rvK - �,,70 V, � 01A -�O-r `� O �I r- cl ►1 �-Vj 1 (, o 0'V1 , BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 12/14/2001 14:33 9786649502 JAMES R SENIOR PAGE 01 LAW OFFICES OF JAMES R. SENIOR PARK PLACE EAST 348 PARK STREET, SUITE 207 NORTH Rmwi3, MASSACHUSETTS 01864 TELEPHONE: (978)664-0050 Fax (978) 664-8502 December 14, 2001 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACSRvHLE TO: 1-978-688-9542 Dear Chairman: DEC 17 2001 13OAg) OF APPEALS File no. Devlin Foxwood / 99-077. Re: Foxwood Subdivision - May 14, 2002 hearing Per your facsimile of November 30, 2001 regarding the fact that there will only be four ZBA members available at the January through April, 2002 meetings, I am enclosing another request for continuance of the above matter from the January 15, 2002 hearing date to a hearing date in May, 2002. 1 am assuming it is still the second Tuesday of the month but if I am incorrect, 12/14/2001 14:33 9786649502 JAMES R SENIOR PAGE 02 1.w •1_ .CKTM y„ DDEC 17 2001 BOARD OF APPEALS ORT]a ASTOVER OFFICE OF THE ZONI G)30 ARD Of APPEAL6 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Phone # 978-688-9541 fax ,?"r 978-688-9-542 X ( 9 73, S33 -c 2001 Date - Ple25e 5e advised that I have agreed to waive the time constraints fcr the Zoning Boa d of Appeals to make a decision regarding the granting of a S MIT for property located at: Foxwood Drive & Weyland Circle STREET: TOWN: North Andover, M.A. 01845. Residents of Foxwood Subdivision By their Attorney, NAME OF PETITIONER: .) Signed: ATTACHMENT mdvariance ,overs representative) James R. Senior, Esq. 348 Park Street, Suite E207 North Reading, MA 01864 (978)664-0050 °(:ro� r)F.�c!'��?_3 oi3-?:=I c�.iLJI�'GS �S$.ae�c CO�SL-Z`:.•;"O^:ri.iS-9�3Q 4__'1;r"�o''-9`,4 9L.-1.VNZvG ti:cS•?•J: FAX -TRANSMISSION T0: R S0r►l'o,r � aiA�1� S R. FAX Number: 71 G 0 Z FROM: ! if OL WI • 1 MV Town of North Andover Zoning Board of Appeals FAX: 978-688-9542 PHONE: 978-688-9541 DATE: f� • 30 ' 0 SUBJECT: Number of pages: REMARAKS: r Z.. a A �ne��� a +�,t 6 ph11 4- 6vto Wtqrd A MI/fax/2 1 7 accep�dle in ��vr �I�¢n � 11/ 1J/ c.VVi 1 V. YJ I 1 November 15, 2001 L7 r uQ6-.+D uc _ JRMCO K OLNIUK h'AUL b1 1.Aw OMCU OF JAMS R SEMOR 348 PARK STREET, SUITE 207E NORTH READING, MASSACHUSETTS 01864 (978) 664 -OM Fax: (978) 664-9502 William J. Sullivan, Chairman North ,Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACSIMILE TO: 1-978-688-9542 per: 1 Dear Chairman: DNOV 15 2001 BOARD OF APPEALS File no. Devlin Foxwoodl99-077 Re: Foxwood Subdivison - December 4, 2001 hearing I enclose herewith another request for continuance of the above Mauer from the December 4, 2001 hearing date to the ext date of January 15, 2002. Yours very truly :emm • 11/ 1J/ LVV1 AV. Y:J 7f VVVY J.JVL JHI"IGJ IC JGYl VIS j � � w4RTM NORTH ANDOVER 0mC)C OF THE ZO'NriG:BO.kRD OF APPEAL:3 aJoy .�ati.�w NMAll AC ,S_-5 cis._ T0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax -7"r 978-688-9542 r Hl7C q.'. DNOV 15 2001 BOARD OF APPEALS + AN (973, 633- J1A 2001 Date: Please be advised that i have screed to waive the time constraints for the Zoning Bocad of Appeals to make a decision regarding the granting of c StgPMLLMIT for property located at - STREET: Foxwood Drive & Weyiand circle TOWN: North Andover, MA 01845. Residents of Foxwood Subdivision By NAME OF PETITIONER.- their Atttozney, Signed.- er (or petitioner's representative) V James R. Senior, Esq. 348 Park Street, Suite E207 A-TAC.FWENT North Reading, MA 01864 mJ imine (978) 664-0050 ��.ti` fJ�.=.l�ne�� �•oBS.?,'.f �CI;..f.I�;GS ci:iS=�;-_` LTJ\SL-RT" �pe .. • -�?'i0 . ries^-- _3p %'�.1 i =: ��.':-9:=D or �Vti �. - t •Ci d1S=�s3j I 0 w 11/15/2001 10:43 9736649502 November 1.5, 2001 JAMES R SENIOR LAW 0 mC`g3 oP JAmn R SEMOR 348 PARK STREET, SUITE 207E NORTH READING, MASSACHUSETTS 01864 (976) 664-0050 Fax: (978) 6649502 . William J. Sullivan, Chairman North ,Andover Zoning Board of Appeals 27 Charles Street North, Andover, MA 01845 BY FACOMME TO: 1-979-689-9542 Dear Chairman: Pages: 1 r^ PAGE 01 U NOV 15 2001 BOARD OF APPEALS File no. Devlin Foxwood/99-077 Re: Faxwood Subdivison - December 4, 2001 hearing 1 enclose herewith another request for continuance of the above matter from the December 4, date of January 15, 2002. I 11/15/2001 10:43 9786649502 JAMES R SENIOR i PAGE 02 1 f wCRTM NOV 15 2001 ys�'GhV s�� 0RTH A.ND0VER BOARD OF APPEALS O F1 Cr. of THE zON-DG BOARD OF APPE .L) cis-- ; 2001 Dcte: r __ TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax -r"r 978-688-9542 Please be advised that i have acreed to waive the time constraihts for the Zoning Boa d of Appeals to make a decision regarding the granting of c S MIT for property located at: Foxwood Drive & Wayland circle STREET: TOWN: North Andover, MA 01845, Residents of Foxwood Subdivision By their ,Attorney, NAME OF PETITIONER: Z7 Signed- A77ACHMENT mdv IWce ner's representative) James R. Senior, Esq. 348 Park Street, Suite E207 North Reading, MA 01864 (978) 664-0050 ;.^.f1GSciS\'�:_ •� :O n.?:i 30 .-:L:'r'3.:.-9:�0 9L.�..v'�7��Ge SSS-u<�: I Town of North Andover Mo oTN 1 ti Office of the Zoning Board of Appeals 0? •`' ° A Community Development and Services Division 27 Charles Streetno ",y, • '' North Andover, Massachusetts 01845 C„us D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 November 9, 2001 James R. Senior, Esq. 348 Park Street, Suite E207 North Reading, Massachusetts 01864 Dear Mr. Senior: Re: File no. Devlin Foxwood / 99-077 The published meeting date of the North Andover Zoning Board of Appeals for December, 2001 (12-4-01) needed to be changed to December 4, 2001, because there will be a Special Election on December 12, 2001. The meeting location, the Senior Center at 120R Main Street and the meeting time, 7:30 PM, have not changed. Sincerely, Michel Glennon, Recording Secretary North Andover Zoning Board of Appeals CC: William J. Sullivan, Chairman North Andover Zoning Board of Appeals File - Foxwood BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 # r: 11/07/2,001 14: 11 9786649561 November 07, 2001 JAMES R SENIOR LAW OFFICES OF JAMS P. SENIOR PARK RACE EAST 948 PARK STREET, SUITE 207 NORTH READING, MA,sucHusETTs 01864 TELEPHONE: (978)6S4.0060 Fax (978) 8649802 William, J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACSMLE: (978)68&9542 Dear Chairman - PAGE 01 File no. Devlin Foxwood / 99-077 Re: Foxwood Subdrvision - November 13, 2001 hearing I enclose herewith another request for continuance of the above matter from. the NQvexnl r 13, 7 A- hearing date tore next date o f Ieoember 11, 2001. JRS:emm Enc. 11/07/2001 14:21 9786649502 JAMES R SENIOR PAGE 02 �y Qty Z.11/07/2001 14: 21 5786649502 JAMES R SENIOR NORTH A-ND�O'�ER "F'nCE V � .TkEIZ ZOti)NG BO;..RD OF 3PPLAL', „ C! a; - 2001 Dete: . TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone n 978-688-9541 fax ,'", 978-688_9542 Please to advised that I have agr=ed to waive ttie time constraints `cr the Zoning Boa d of Appeals to make a decision regarding the granting of—a S BAIT for property located at: Foxwood Drive & Weyland Circle STREET: TOWN: North Andover, MA 01845 Residents of Foxwood Subdivision NAME OF PETITIONER:By their Attorney, Signed: ner's representative} V James R. Senior, Esq - 348 Park Street, Suite E207 ATTACHMENT forth Reading, MA 01864 mdvariance (978)664-0050 C \SLZ T:O*: 6.i$-9:30 �_.?.LT- PAGE 03 Town of North Andover AORTN Office of the Zoning Board of Appeals °f q o? •`s'���''°°a Community Development and Services Division 27 Charles Street • °° .. •'' « North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax(978)688-9542 November 9, 2001 James R. Senior, Esq. 348 Park Street, Suite E207 North Reading, Massachusetts 01864 Dear Mr. Senior: Re: File no. Devlin Foxwood / 99-077 The published meeting date of the North Andover Zoning Board of Appeals for December, 2001 (12-4-01) needed to be changed to December 4, 2001, because there will be a Special Election on December 12, 2001. The meeting location, the Senior Center at 120R Main Street and the meeting time, 7:30 PM, have not changed. Sincerely, Michel Glennon, Recording Secretary North Andover Zoning Board of Appeals CC: William J. Sullivan, Chairman North Andover Zoning Board of Appeals File - Foxwood BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1) October 09, 200I ,LAW OFFICES OF JAMES L SENIOR PARK PLACE EAST 348 PARK STREET, SUITE 207 NoRTH READING, MAssACHUSMS 01854 TELEPHONE: (978)664-0050 Fax (978) 884-9502 File no. Devlin Foxwood / 99-077 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street NorthAndover,MA 01845 8Y FACSIMILE: 1-978-688-9542 Dear Chairman: Re: Faxwood Subdivision -_October 9, 2001 hearing I enclose herewith another request for continuance of the above matter from the October 9, 2001 hearing date to the next date of November 13, 2001. The reason for the continuance is that we are awaiting action by the State Regulatory Agency. N or z__ )� � .e /ice-�Y • rl NORMAN DOVFR OFFICE OF TRE Zo N. -r G BO D OF Ai'P€.�L� 2001 Data: T0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-888-9541 fax rr 978-688-9:.42 Please he advised that I have agreed to Waive the time constraints for Lhe Zoning Bca d of Appeals to make a Cec:siori regarding the granting of c S MIT for property located at: Foxwood Drive & Weyland Circle STREET.- TOWN- TREET: TOWN: North Andover, MA 01845 Residents of Foxwood Subdivision NAME OF PETITIONER:By their Attorney, Signed: (dr peti(ioner's representative) ri=i17C, CJS V Jdmes R _Senior, Esq. - ---_- - --_--- 348 Park Street, Suite E207 c;7AC�mriENT North Reading, MA 01864 mJvariance (9 78) 664-005o CO`SrZ •.:?`r3:": On:>> -9534 ��.=1" �Z�i-)`:t! P?.�.V�r7\ ^ •-< < 09/17/2001 02:47 9786649502 September 17, 2001 JAMES R SENIOR. LAW OFFICES OF JAMES R. SENIOR 348 PARK STREET, SUITE 207E NORTH READING, MA58ACHusms 01864 (978) 664-0050 Fax: (978) 964-8502 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACSIINM- E TO: 1-978-688-9542 Pages: 1 0 Dear Chair maw K91 PAGE 01 File no. Devlin Foxwood/99-077 Re: Foxwood Subdivision - September 18, 2001 hearing I enclose herewith another request for continuance of the above matter from the September 18, 2001 hearing date to the next date of October 9, 2001, very es R.: Se o "'f S. enclosure 08/09/2001 00:45 9786649502 JAMES R SENIOR PAGE 01 _LAW ()Iwm—q AEr_�AMFfi. ld. C�NiAR 34� PARK STR. E, SUITE 207E NORTH READING, MAWACHUSETTS 01854 (978) 664 -OW Fax (978) 664-8502 August 09, 2001 UNIhkT V. ivraN i`l+a:reN0— ililfMil ✓. VW11�fY{? Cli(L411lpdi OA ••v: ur i��v�� �r�iug �vt�-i� i�g�aas 27 CLiaACS . bee North Andover, MA 01-845 BY rACS1M1&E TO: 1-978-688-9542 Dear Chairman: File- nn- T)Pvl n Fox -()77 Pages. 2 Nva Foxwo-Wi. ub&'Vivin3? _ A�ioz._rr 74 7nni ho 'Pico 1 GiiV�VJG herewith alnJthe request foo wantia-u Ice Vl tine above Sn ttG7 lIt)IIi L[1C August 14, LVV ! hearing date to we next date of September 11, 2u0i. The reason dor the continuance is that we are awaiting action by the State Regulatory Agency regarding the fire suppOssion systems in the homes. Toms veer tr ik..'1i// / Ji�1C�`S lt..?CfllOI / .enclosure 08/09/22001 00:45 978664950 JAMES R SENIOR PAGE 02 ' MUS( Tib 4 Cc NORTH ANDOVER oyncr 0r `SHE z0 -Nr G B0-kR.b OF APP;~ AT C H� Z =5 S2Z-- DUSAC:-;", S7TTS 0; q-, T 0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, IqA 01845 nhnnc -" t770 COOnr A. Y iv rr �W I U-IJUO ;.)'r 'I ax Ear. a ,� o-taai3-cL AUG 9 2001 D �� BOARD OF APPEALS 8'/9/2001 UGte: Please be advised that I have agreed to waive the time con-straints for the Zoning 60ard of Appeals to make a decision rl-narc -nn tr e n =ntinn „f Sl #A�,-�_ # (T for J - �.....� prooerty facatad at: V Foxwood Drive & Weyldnd Circle Q"TRNEE- TU—WN- aorth Andover,, MA 011845 Rc iutiits vi rozwood Subdivision D L11 C l t M ti:0 iiie , NA1ll1F OF PFTITICONER: ,. n ccle%,J: vf� ioner (or"peii( oner's representative) James R. Senior, Esq. 348 Park Street, Suite E207 A;7AGrJneEV7 North Reading, mA 01864 mrriance (9-70)664-0050 07/05/2001 00:48 9786649502 JAMES R SENIOR INORTH kN-D0V7ER OFFICE OF THE z0'-NLNG BO kRD OF APPEAL-', %CfAA-RLIEs sem_- TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 PAGE 02 �EC Eod1D ll� J111 5 2001 BOARD OF APPEALS 5/2001 Dat@: Please be advised that I have agree-+ to waive the time constraints for the Zoning Boa d of Appeals to make a decision regarding the granting of a S MIT for property located at: Foxwood Drive & Weyland Circle STREET. TOWN: North Andover, MA 01845. Residents of Foxwood Subdivision By NAME OF PETiTiONER.- their '1.1) ey, Signed: inner (orpeti�ioner's representative) V James R. Senior, Esq. 348 Park Street, Suite E207 A-,TACN.ME:VT North Reading, MA 01864 mdvanance (978)664-0050 OF.iPPEA S 2r'', r f i - ':C ' -?5-:" -35-U PL.•L`r�T:C u,:S•?-`a3 07/05/2001 00:48 9786649502 JAMES R SENIOR PAGE 01 LAW OFFicxs of dAmes R SsmoR 349 PNtk_$TkMT, SiJrte 247E NoRTH READING, WssACHusETfs 01884 (978) 6844)054 Fax (978) 664-9502 July 05, 2001 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACS1MiL;E TOA -979499.9542 88-9542 Dear Chairman: Pam: 1 File no. Devlin Foxwood(99-077 D Re: Foxwood Subdivision -July 10, 2001 hearing I enclose herewith an additional request for continuance of the above matter from the July I e hearing date to "xtate of Ailgust 14, 2001. 06/11/2001 11:30 9786649502 `r a MORT* JAMES R SENIOR 1T,AJ PAGE 02 NORTH 4ti-D6VER OlE`FrCE OF TEE ZONDiGBOARD Of PPF--kL- C nA.�3 sem_- ;AOR77,_AYD0��'), N&A- SSAC TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 JUN 1 1 2001 D AR "''ORALS June 11 2001 Date: Please be advised that 1 have agreed to waive the time constraints for the Zoning Baa d of Appeals to make a decision regarding the granting of S1EfA1. MIT for property located at: l 6ft d, 6�1�ozpy STREET: 1Foxwood Drive & We.yland Circle North Andover,, MA 01845 TOWN: Residents of Foxwood Subdivision By their Attorney, NAME OF PETJTIONER: Signed: P titioner (or getitioner's representative) James R. Senior, Esq. ATTACHMEvT 348 Park Street, Suite E207 North Readinq, MA. 01864 (978) 664-0050 � � = �` c .i_JI�CrS uSS-� J. 4' SL• �':.�.TiO*; nn.3-9-`,i0 f.=,�L:'1 oSa•95=4 p! A.V`v � ss 06/11/2001 11:30 9786649502 JAMES R SENIOR PAGE 01 LAW OMCES OF JAMES R. SENIOR PARK PLACE EASE' 348 PARK STREET, SUITE 207 NORTH READING, MASSACHUSETTS 01664 TEt.EPNow: (978)884-0050 Fax: (978) 864-9502 IJUN 2001 D June 11, 2001 Zoning Board of .Appeals Town of North Andover 27 Charles Street North Andover, Massachusetts 01845 BY FACSIMIU TO 1-978-688-9542 Dear Sir or Madam: Re: Foacwood Subdivision BOARD OF APPEALS File no. Devlin Foxwood 199-077 I enclose herewith a request for con inuance of the hearing in the above matter from June 12, 2001 to the July meeting of the Board. I would appreciate your advising me of the date to which the matter is continued. tWy yam. ames R. Senior Y uur lir cuui 11. Oc D r0004zD —" JAMtS K 6LNIUK e PAGE 02 s 41 f2 cwus NORTH ANDOVER r 0MCEOF THE ZOPiG BO RD OF APPEAL--, AL;- D 2-7 c ARLES Ste_- JUN 1 2001 ; ►0 - N'DO VLR, � L4SS'%C w-- -,z S � i Q _ . I June 11 2001 Date:. T0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that 1 have agreed to waive the time constraints for the Zoning scald of Appeals to make a decision regarding the granting of S `MIT for property located at: STREET: Foxwood brive & Weyland Circle TOWN: North Andover,, MA 01845 Residents of Poxwood Subdivision By their Attorney, NAME O)PET TIONER: Signed: itioner (or etitioner's representative) James R. Senior, Esq. ATTACHMENT 348 Park Street, Suite t207 North Reading, MA- 01864 mwariance (978) 664-0050 Ta1�Cr5 vv/ +1/ LV Vi j1. JV J! VVV1JJVi June 11, 2001 JHlnc..D fC JGIVIUF, LAW OFFICES OF JAWS R. SENIOR PARK PLACE EAST US PARK STREET, SUITE 207 NORTH REAciNG, MASSACHUSETTS 01864 TELr=wHONE: (978)864-0050 Fax: (978) 664-9502 JUND12001 BOARD OF APPEALS Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, Massachusetts 01845 BY FACSIMILE T4 1-978-688-9542 Dear Sir or Madam: Re: F'oxwoad Subdivision rkut Ul File no. Devlin Foxwood / 99-077 I enclose herewith a request for continuance of the hearing in the above matter from June 12, 2001 to the July meeting of the Board. I would appreciate your advising me of the date to which the matter is continued. Xtruly yours, arnn►es R. Senior J (VVVYJ.iVi .IHVCGD 11. Z)0'11Vrc rHS7C Cl::: INORTHANDoV-ER nn Omcr OF JIJI. 5 2001 THE 20- L1iG BO. RD OF APPEAL-', Nod-- � �4�L'. ,SsAC So e_ TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Phone m 978-688-9541 fax 978-688-C9542 BOARD OF APPEALS 97 3) 7/ 5/2001 iJcte; Please be advised that 1 have agreee+ to waive the time constraints for the Zoning, Boa d of Appeals to make a decision regarding the granting of SMIT for property located at: Foxwood Drive & Weyland Circle STREET: TOWN: North Andover, MA 01845. Residents of Foxwood Subdivision NAME OF PET1TiONER:By their 'Attorney, Signed: A77ACHWENT mdVa/iance tuners representative) James R. Senior, Esc. 348 Park Street, Suite E207 North Reading, MA 01864 (978) 664-0050 r u JJ/ LV V1 VV. 40 JI O004:)JV:_ July 05, 2001 JHIYItS K. ZDLN1U1'e. %AW ()PEKES OF JAhIE3 IL SENIOR U$ AAkk-STREET, Suite 247E NORTH READiw, MASSACHUSETTS 01864 (1978) 68440060 Fax (978) 864-9502 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY-FAC80-CLE TOA=97$-688-99542 Dear Chairman: pages: 1 f'AUL U1 File no. Devlin Foxw6od/99-077 F77--1 Re: Foxwood Subdivision -July 10, 2001 hearing I enclose herewith an additional request for continuance of the above matter from the July 10th of August 14, 2001. Vf/VJ/LVV1. VV. YV Jl VOOY7JVL JHI°IGJ F JCIV1V7-. r-HC7G VG t "CMTS. w a $ " W YORTH AND OVER Omer OF TgF 7-0:NL-NG Bo ,ARD OF aPPE.,L; TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone it 978-688-9541 fax TM 978-688-9542 nEnodED I1� JUL 5 2001 BOARD OF APPEALS 1 `. c.9 1 UJ3 - 1 2 7/ S/2001 Please be advised that I have agree-+ to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a S MIT for property located at: Foxwood Drive & Wexland Circle STREET: TOWN: North Andover, MA 01845, Residents of Foxwood Subdivision By NAME OF PETITIONER .their �ttornex, Signed: oner (or"petidioner's representative) V James R. senior, Esc. 348 Park Street. Suite E207 A TACr!MEVT North Reading, MA 01864 mdvamnce (9 7 8) 664— 0 0 50 °Ca_�_OF$?ocArJo�s-','_`=1 2�:iL^f`:GStio\-••a_,;. U f./ U:J/ LUUl UU. 40 7 / O004,3DUG July 05, 2001 JkMt5 K �tNIUK YAW ()PEKES of fAMEB IL SENIOR U$ PAIOi '$TREET, Si1(Te 207E NoRTM READING, MASSACHUSETTS 01e64 (978) 66444 Fax (978) 8$4-9502 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 'BY-FACSDAI:E TOA -979498-9542 Doer Chairman: Pages: 1 F'(-3Ut tll File no. Devlin l~oxwood/99-077 D Re: Foxwood Subdivision -July 10, 2001 hearing I enclose herewith an additional request for continuance of the above matter from the July I CM hearing date to t4"ext4te of August 14, 2001. r*very try(y,, 0 V I/ VJ/ LVV1 VV. '.V 7l AOVY 7J VL � J(-tl"IGJ R. JCIVlIl!`-: ,t I Qr MONTq �y a •. •ONO y a� YORTH ANDOVER OMCE OF THE ZO_NLNG RO,kRD OF APP.EAL, CH -0-1 25 s �- SAC .' �'S�;.SCie-, TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone n 978-688-9541 fax 978-688-9542 � C E 0 W 10 JIII. 5 2001 BOARD OF APPEALS USS -v_-21 7/ 5/2001 Date: Please be advised that I have oared-+ to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granti.ng of S MIT for property located at: Foxwood Drive & Weyland Circle STREET: TOWN: North Andover, MA 01845. Residents of Foxwood Subdivision By them 'Attorney, NAME OF PETITIONER Signed: A TACHME:NT m,lvamnce a ,��resenT:airve) James R. Senior, Esc. 348 Park street, Suite E207 North Reading, MA 01864 (978) 664-0050 21:i'— fNCS uJ� ?_CO�NSL- R`:.Lr:�^: oni.o:10 F�"r,' 32::-3:=0 P U11 U;J/ GUUl UU. '6O 7I OD04DDUZ JAM= K bLNIUK LAW OFFICER of dAmzs IL SsivioR 348 PAP*'STREET, $UfTe 207E NORTH READING, MASSACHUSETTS 01a64 (978) 694-0050 Fax (978) 664-9502 July 05, 2001 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY-1FACSOALE Tp: '1.9E' MBS -9542 Pages: 1 Dear Chairman: f'AUt tit File no. Devlin Foxwoodl99-077 D Re: Foxwood Subdivision - July 10, 2001 hearing I enclose herewith an additional request for continuance of the above matter from the July ICO of August 14, 2001. F' 05/08/2001 15:08 May 08, 2001 9786649502 JAMES R SENIOR LAW OMCBS of JAMES R SEMOR 348 PARK STREET, SUITE 207E NORTH READING, MASSACHUSMS 01864 . (978) 664.0050 Fax: (978) 6649502 William J. Sullivan, Chairman North Andover Zonimg Board of Appeals 27 Charles Street North .Andover, MA 01845 BY FACSIMII.E TO: 1-978488-9542 Pages: 1 Dear Chairman: PAGE 01 File no_ Devlin Foxwood/99-077 Re: Foxwood Subdivision - May 8, 2001 hearing I enclose herewith an additional request for continuance of the above matter to the next hearing date of June 12, 2001. 10 Enc. very i4 05/08/2001 15:08 9786649502 1 160"4 JAMES R SENIOR v0RTH-A-N-D0 VER OMCL OF THE ZOti NG BOARD OF AS'PLAL6 T0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover) MA 01845 phone # 978-688-9541 fax # 978-688-9542 PAGE 02 Date- 5/8/2001 Please be advised that I have agreed to waive the time constraints for the Zoning Boa d of Appeals to make a decision regarding the granting of a S'E MIT for property located at: STREET: Foxwood Drive & Weyland Circle TOWN: North Andover, MA 01845 NAME OF PETITIONER: Signed: Residents of Foxwood Subdivision By their Attorney. onees, representative) Games R. Senior, Esq - 348 346 Park Street, Suite E207 North Reading, MA 01864 mMnance (978) 664-0050 �l!_�r QF.=,.�nr�.=.`'333-9,`sl �ra�'.�[tGS vSS-9c-- CO�iSL•Z`-.zT:G�; .o< cr •, ,� o. �ti c y- 04/05/2001 15:32 9766649502 JAMES R SENIOR LAW OFFICES OR JAMES IL SENIOR 848 PARK STREET, SURE 207E NORTM R miNG, MASSACHUSETTS 01864 (978) 6644M Fax. (978) 664-8502 April 05, 2001 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACSIMILE TO: 1-978-688-9542 Pages. 1 Dear Chairman: PAGE 01 APR 4- :2001' BOARD OF APPEALS 0' c � File no. Devlin Foxwood/99-077 I Re: Foxwood Subdivision - Aprr11o, tool hearing I enclose herewith an additional request for continuance of the above matter to the next hearing date ofMay'8, 2001. „ t r yP Postdt° Fax Note 7671 Daae o g1 To .M c Rom t P.(l Co./Dwl. , O 4:0.— \ r p►�� ��b Casa v r $� Phone Fax t t $ 1 1 m�. Fax 49 is C(- 34/05/2001 15:32 P, Y 9786649502 JAMES R SENIOR NORTH A-NDOVER OFFICE OF THE ZONE G BOARD OF APPEAL-'- 27 PPE_yL'- "_7 CI A ZES S` Z7- �tit�%CJVL�,ti*_=55AC-.f: TO: Town of North Andover Zoning, Board of Appeals 27 Charles Street North Andover, MA 0-1845 phone T -"r 978-688-9541 fax 1978-688-9542 PAGE .02 4/5,/2001. Date: Please be advised that I have ac!,c--d to waive the time constraihts for the Zoning Board of Appeals to make a decision regarding the. granting of c S MIT for property located at- 1 Foxwood Drive & Weyland circle STREET: TOWN: North Andover, MA 01645, Residents of Foxwood Subdivision By their Attorney, NAME OF PETITIONER: /7 Signed: over (or petitioner's representative) V. James R. Senior, Esq. 348 Park Street, Suite E207 A7TAC.HME?4T North Reading. MA 01864 mJvariance (978)664-0050 - CfJNSL- Z O. • 2$a"-93�Q F.=.'1 -r 3e'.'.-9.`=0 ?L.�.v�,T�:G cS �: - JS :i: J'" N VJ/ 11j/ LVV1 1L. 10 7! VVOYJJVL ..JHI°ICJ rl JCI'YjLJF r'HUt CJL LAW OFInCn OF JAMI S R- SENIOR 348 PARK STREET. SUITE 267E NORTH RIMING. MASSACHUSETTS 01864 (976) 664-0050 Fax: (978) 64-9502 March 13, 2001 File no. Devlin Foxwood/99-077 William J. Sullivan, Chairman North Andover Zoning Board of Appals 27 CbAdes Street North Andover, MA 01845 BY FACSIMILE TO: 1-97&688-9542 Pages: 1 Dear Chairman: Re: Foxwood Subdivision - March 13, 2001 hearing I enclose herewith an additional request for continuance of the above matter to the next hearing date of April 10, 2001. We would like to continue this hearing to await action of the State Fire Sprinkler Board to have the opportunity to meet with the Board of Selectmen on one additional occasion prior to going forward with the BoarW Appeals. Y" very JRS:emm Enclosure 1" March 13, 2001 File no. Devlin Foxwood/99-077 William J. Sullivan, Chairman North Andover Zoning Board of Appals 27 CbAdes Street North Andover, MA 01845 BY FACSIMILE TO: 1-97&688-9542 Pages: 1 Dear Chairman: Re: Foxwood Subdivision - March 13, 2001 hearing I enclose herewith an additional request for continuance of the above matter to the next hearing date of April 10, 2001. We would like to continue this hearing to await action of the State Fire Sprinkler Board to have the opportunity to meet with the Board of Selectmen on one additional occasion prior to going forward with the BoarW Appeals. Y" very JRS:emm Enclosure VJ/ 1J/ LV Vl 1L. LJ Jf VVVY JJVL Jf-il°ICJ F. JGIVl VfF. rH:7G �l INTORT-H42DGV _R OFFICE OF T$E ZO riO Bo.kRD OF APPEAL-', 3%13%2001 D2te: TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax -Tur 978-688-5542 Please be advised that I have agreed to waive the time constraints `or the Zoning Boa d of Appeals to make a decision regarding the grarItir►g of a speem, MIT for property located at: Foxwood Drive & Weyland Circle' STREET. North Andover, MA, 01845 TOWN: Residents of Foxwood Subdivision NAME OF PETMONER: $Y /tje3/attorney , Signed: titioner (or p titic nor's representative) James R. Senior, Esq. 348 Park Street, Suite E207 A i TACHM.E4T North Reading, MA 01864 (978)664-0050 RL/V once �Q.-a : lJf .=?°Caj..S o3S%!`_�1 c�:t�.^.(\'Cr$ vaS-?=�5 L^.tiSC���.:T:G": o. o; -•� < of � .. 15:21 9786649502 k February 08, 2001 JAMES R SENIOR LAW OFFICES OF JAMES IL SENIOR PARK PLACE EAST 348 PARK STREET, SUITE 207 NORTH REnoiNG, MASsACHusETmS 01864 TELEPmoNE: (978)684-0050 Fax: (978) 6649502 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACSIlAILE: (978)688-9542 Dear Chairman: PAGE 01 s II sEBI 2 S^�, 1._..... _ mac• Cep ripe no.1)evlm Foxwood / 99-0771 Re: Foxwmd I enclose herewith an additional request for continuance of the above matter. We would like to continue this hearing to await action of the State Fire Sprinkler Board and to have the opportunity to meet with the Board of Selectmen on one additional occasion prior to going forward with the Board of Appeals. J would appreciate your advising me of the new date for the hearing. Yours, Ames R Senior JRS:emm enc. 'UUL 1J. Gl 7/0004DJU4 I) JHIIgQJ R. JL.JAIUM NORTH A: -DO VER OFFICE OF TEIE ZONEG BO:A-Rb OF ARPE.AL6 27 CL AZT 2.3 i►GR:'_.=L-DOLL�, i�:-�5 C. =SSS 0:?,_ Date: 2/7/2001 T0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA G 1845 phone ,?"r 978-688-9541 fax � 978-688-9-542 Please be advised that I have aoreed to waive the time const raihts for the zoning Boa d of Appeals to make a decision regarding the granting of a S MIT for property located at: Foxwood Drive & We la STREET: x nd circle TOWN: North Andover, MA 01845 Residents of Foxwood Subdivision NAME OF PETITIONER:$ their Attorney, 1-1 Signed: p titioner (or pet• loner's representative) James R. Senior, Esq - 348 Park Street, Suite E207 A'TAC.PMEW North Reading, MA 01.864 mhamrce (978)664-005o CO`SCZ`: riTj Jr; f'hN7C UL VCJ -1 + vii - L1 j r UVQYjJU4 JRFlr-o F. OU'41UK rAut. U1 LAW OFFICIES OF JAMS R. SENIOR PARK PLACE EAST 348 PARK STREET, SuirE 207 NORTH READING, MASSACHUSMS 01864 TELEPHoNE: (978)864-0050 Fax: (978) 664-9502 February 08, 2001 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 BY FACSII41LE: (978)688-9542 Dear Chairman: File no. Devlin Foxwood / 99-077 Re: Foxwood --�Ili es . Fc b 13 I enclose herewith an additional request for continuance of the above matter_ We would like to continue this hearing to await action of the State Fire Sprinkler Board and to have the opportunity to meet with the Hoard of Selectmen on one additional occasion prior to going forward with the Board of Appeals. I would appreciate your yours, Fames R Senior JRS.emm enc. me of the new date for the hearing. 02/08/2001 15:21 9786649502 m JAMES R SENIOR INORTH A-NDOVER OMCE OF TEE ZO-+L'iG BOARD OF ,PPEA%L� NOR is 0; T0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01$45 phone m 978-688-9541 fax'"" 978-688-9542 PAGE 02 2/7/2001 Date: Please be advised that I have acr=-ed to waive the time constraints for the Zoning Boa d of Appeals to make a decision regarding the gr2nting of SMIT for property located at: 2`9 Foxwood Drive & Weyland Circle STREET: TOWN: North Andover, MA 01845 Residents of Foxwood Subdivision NAME OF PETiTiONER:$x their-ttorney, Signed: A'TACP NT mdvariance yr jur s representative) James R. Senior, 348 Park Street, North Reading, MA (978) 664-0050 Esq. Suite E207 01864 2(-,Aa:�Sf:'3oc� oJ:>?:�J 2r:1!_n(V1$oSS.;�3st (ED 01/09/2001 17:40 9786649502 JAMES R SENIOR PAGE 01 �V, NORTH ANDOVER 0mcr OF THE ZONPi G BOARD OF APPEAL,- 27 Cti 1t? ES s T0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone r 978-688-9541 fax -7"t 978-688-9542 _t E °^•S' a�3 Date: Please be advised that l have agreed to waive the time constraints for the Zoning Boa d of Appeals to make a decision regarding the granting of a S MIT for property located at: ` STREET: TOWN: ��4dlVIA014- NAME OF PETITIONER: Signed: /I ' p �tioner (or petitioner' ��pr tat"ve )) 3y� SARK �r, -m C 267 ATTACHMENT m�tverl8nce i. f) (07 2p = ��F.-,.?9�.-�.J o03-`.�`�! �!'iL�f\GS o:i5-?:s5 � • 11/14/2000 09:45 9786649502 November 13, 2000 JAMES R SENIOR LAW OFFICES OF JAMES L SENIOR PARK PLACE EAST 348 PARK STRWT, SUITE 207 NORTH REMiNv, MAssacHusETTs 01864 TELEPwmE: (978)664-0050 Fax: (978) 664-9502 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Dear Chairman: PAGE 02 File no. Devlin Foxwood / 99.077 Re:,Residents of-Foxwood Drive -and weyland Circle In that the Board of Selectman and other town agencies are currently in the process of taking affirmative steps to evaluate the situation regarding the Foxwood Subdivision and to take the steps to correct certain deficiencies. On behalf of the residents of Foxwood Drive and Weyland Circle, who are the petitioners in the above matter, I hereby request that the Board of Appeals hearing, currently scheduled for November 14, 2000 be continued to your January meeting, which I understand to be on January 9, 2001. 1 enclose herewith an executed waiver of time constraints form. Very truly yours *aures R. Seni r JRS:emm Enclosure 11/14/2000 09:45 9786649502 V JAMES R SENIOR NORTH 42NDOVER OFFICE OF THF- ZON'riG BO -AAD OF Ar,l LALa -�cLlR=-s Date: TO- Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-1-1541 fax n 97M88-95-42 PAGE 03 NOV I � 4 2000 � L-- � ,. -30A �,�! 0W APP November 13, 2000 Please be advised that I have agreed to waive the time constraints fcr the Zoning Boa d of Appeals to make a decision regarding the granting of a S IT for property located at: Foxwood Drive and Weyland circle,. Foxwood Subdivision North Andover, MA TOWN: Residents Of Foxwood Subdivision By, their Attorney, NAME OF PETITIONER: Signed- p ti ioner or i oner's representative) James R. Senior 348 Park St.. Suite E207 Horth Reading, MA 01864 (978)664-0050 ATTACHMEV7 nNariance =I:IL.` Nos ci�$•ua,< CONSL• 2' .�?'G*: eSS-x'30 �_..-�-- oan,.:��_r� P;, ��, - 11/14/2000 09:45 9786649502 JAMES R SENIOR PAGE 01 d i I C 0 V E R To: Heid'+, Planning Board Fsu<1is 1-978-688-9542 Subject: Foxwood Subdivision Date: November 13, 2000 Pam: 1, Plus 2 enclosed COMMENTS: R I Foxed: ° A " A%T a U NOV 14 ?000 Thanking you for helping me this morning. I am enclosing the fetter and ounsion that you can pass on to the Chairman of the Board of Appeals for meeting scheduled tomorrow night. Ellen Martin From the desk of. JMM ft R. Senior Law Offices of James R. Senior 348 Park St., Suite 207E North Reading, Maeeachusetbs 0884 (978} 684-0050 Fax (978) 664-%02 ;b NORTH ANDOVER OFFICE OF THE ZONL-i tG BOARD OF APPEAL., 27 CHARLES S i ET riORT'r A.i' OV-tR, 1VLASSACi' SE i 1 S 01845 FaX (97S) 683-9542 Date: //-- TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a --VARL%tqj6E for propArt„ inrarAri nf- STREET: TOWN NAME( Signed: 10.4 Variance and Appeals .---- The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MI/variance SOA=P GF.-PPEjLS 633-95-1 K—iLDINGS 6iS-9=-15 CONScRVATiGN 6U-9530 F -.LTH 633-95-10 PL.\—\TmN'G 6S3 -9`3 - />r �, _ rti 0A PAL:: I- HJ NORTH ANDOVER OMCE or THE ZONDG BOARD OF :UPL_;L c - ��is s�z_=- '1"^ : T0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a SPECIAL PERMIT (AS A PARTY AGGRIEVED OF THE BUILDING INSPECTOR). STREET: TOWN.- NAME OWN:NAME OF P Signed: ATTACHMENT ml/variance L"qvD representative) ot, CHU5t` -NORTH ANDOVER OMCE OF THE ZO-NDG BOARD OF APPE-AL-', CIE-112LE17S Sit E-77 Date - TO- Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax r1r 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting ofa' SPECIAL PERMIT (AS A PARTY AGGRIEVED OF THE BUILDING INSPECTOR). STREET. - TOWN NAME OF P Signed. - ATTACHMENT ml/variance representative) 13 a, ,�ORTF, Ot`,�ao .r t o NORTH ANDOVER OFFTCL OF THE ZONING BOARD OF APPEAL- 27 CHARLES S TEET NORTH AlTDOVER, MASSACHUSET T S 01 S4J Date: TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a ► ' for propPrtv Jnr ratan nt- STREET: TOWN - A), z6Le� 44/rl� . . I NAME OF PMIONER: Signed: / I ioner ( & p 10.4 Variance and Appeals s representative) The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MI/variance BO -PJ OF.-3°°SLS o33-? =i BUILD . INGS638-9545 CONSERVATION58S-9930 F LT ti33-9°meq PLAN ,q\G oSS-9:3: 3 EN EO HORTIy .I Ot �T�ao is 1�C O — F NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALO 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 FA Y (978) 688-9542 Date: F-J-,,2� TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a SPECIAL PERMIT for property located at: STREET: TOWN.- NAME OWN: NAME OF PI Signed: ATTACHMENT mUvariance BO -.i -:D OF APPEALS 63S 95-1 BUILD ENGS 6SS-95-45 CONSERVATION 688-9530 HEALTH 6H-9510 PLA-NNZNG 6SS-9535 U Section 9 Special Permits The Zoning Act 12-96, Mass. General Laws Chapter 40A Each application for a special {permit shall be filed by the petitioner with the city or town clerk and a copy of said application, including the date and time of filing certified by the city or town clerk, shall be filed forthwith by the petitioner with the special permit granting authority. The special permit granting authority shall hold a public.hearing, for which notice has been given as provided in section eleven, on any application for a special permit within sixty-five days from the date of filing of such application; provided, however, that a city council having more than five members appoint a committee of such council to hold the public hearing. The decision of the Ospecial permit -granting authority shall be made within ninety days following the date of such public hearing. The required time limits for a public hearing and said action, may be extended by written agreement between the petitioner and the special permit granting authorily. A copy of such agreement shall be filed in the office of the city or town clerk. A special permit issued by a special permit granting authority shall require a two-thirds vote of boards with more than five members, a vote of at least four members of a five member board, and a unanimous vote of a three member board. ml/spermit EO a 101 .I' t pORTN 9 � * X .TSA NORTH rr r NORTH ANDOVER !'l' OFFICE OF THE ZONLNG BOA" OF APPEALS 27 CHARLES STREET NORT'ri ANDOVER, MASSACHUSETTS 0184-5 FAX (978) 683-954? Date:/24,9 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978=688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Boar of Appeals to make a decision regarding the granting of a SMIT for property located at: STREET: TOWN: NAME OF PETITIONER: Signed: g titi ler (or ATTACHMENT mllvariance representative) BO.'.� D OF APPEALS 6S3 9541 BUILD[NGS 6SS-95.15 CONSERVATION 633-9530 I LALTH 6U-95-10 P! Ai\TNZNG 6SS-9535 LAW OFFICES OF JAMES R. SENIOR PARK PLACE EAST 348 PARK STREET, SUITE 207 NORTH READING, MASSACHUSETTS 01864 (N 1 TELEPHONE: Fax (97 8) 664-9502 50 September 12, 2000 File no. Foxwood / 99-077 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, Massachusetts 01845 Dear Sir or Madam: Re: Foxwood Residents Appeal from Determination of Building Inspector In that we have had productive meetings with the Board of Selectmen and the Planning Board, and in that we believe it would be beneficial for all parties for the Board of Appeals proceedings to be postponed for sufficient time to allow those Boards to assess the situation and formulate a plan of action, the petitioners request that the hearing on the above appeal be continued to the Board's meeting during October, 2000. I submit to you herewith information requested by you at the last hearing. This continuance will also allow the Board to re 'ew this information prior to rendering a decision. ry truly yours J �es R. Senior for the Applicants 7 LAW OFFICES OF JAMES R. SENIOR PARK PLACE EAST 348 PARK STREET, SUITE 207 NORTH READING, MASSACHUSETTS 01864 TELEPHONE: (978)664-0050 Fax: (978) 664-9502 October 02, 2000 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Dear Chairman: c61 �,� L 6 Iv LOCT 4 ?_000 BOAPD OF /Ai-;'- 3� File no. Devlin Foxwood / 99-077 Re: Residents of Foxwood Drive and Weyland Circle In that the Board of Selectman and other town agencies are currently in the process of taking affirmative steps to evaluate the situation regarding the Foxwood Subdivision and to take the steps to correct certain deficiencies. On behalf of the residents of Foxwood Drive and Weyland Circle, who are the petitioners in the above matter, I hereby request that the Board of Appeals hearing, currently scheduled for October 10, 2000 be continued to your November meeting, which I understand to be on November 14, 2000. I enclose herewith an executed waiver of time constraints form. Very truly yours ames R. Senior JRS:emm Enclosure at t4ORTk e t o [nJ v C b ",e ? .. o` s w H 9 t y"ACHUS f NORTH ANDOVER OFFICE OF THE ZOiLNG BOARD OF APPEAL, CH k R r S Si-- , r9 S) 633-9;1 October 2t. 2000 Date: TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Boa d of Appeals to make a decision regarding the granting of a S ,RMIT for property located at: 1 STREET: Foxwood Drive and Weyland Circle'' Foxwood Subdivision [ North Andover,, MA' TOWN: Residents of Foxwqod Subdivision NAME OF PETITIONER: By their Attorney Signed: ' ?titioner (or petitioner's representative) James R, Senior 348 Park St,t Suite E207 No. Reading, MA 01864 ATTACHMENT ml/variance dt 00- OF APPEA; 5 631113 `»( g1:1L^[�:GS 6:iS-9_ < CONSER`i �. ;p�; o.",:i-o<30 ,iE.-.L` May 14, 2003 To: Chief William V. Dolan North Andover Department From: Zoning Board of Appeal Re: Foxwood Drive & Weyland Circle The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. blopeiuljytpeal—" 111,166"'relolyed-at-the.dune l -0„,,,,200x 3 ov Are there any issues that you feel the Zoning Board should address during the June 10, 2003 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman N Glennon, Michel From: Dolan, Chief William Sent: Tuesday, June 10, 2003 12:03 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle Thank you, I talked to Bill Sullivan last night and he is all set and aware of the fire department's interest. -----Original Message ----- From: Glennon, Michel Sent: Tuesday, June 10, 2003 11:54 AM To: Dolan, Chief William Subject: Foxwood Drive & Weyland Circle Hello, Chief Dolan; Is there anything that you would like to be included in tonight's ZBA information package? << File: Foxwood.doc >> Thanks, Mich Glennon May 14, 2003 To: J. William Hmurciak, Director Division of Public Works From: Zoning Board of Appeal Re: Foxwood Drive & Weyland Circle The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board.of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting.elved-at-floe-June4,8; 2003aaeeAing. - V/ Does your Division have any further information that would affect this appeal? Your letter of December 5, 2003 said that the drainage project and other outstanding punch list items would be resumed in April 2003. Are there any issues still open, given the very wet spring? If there are any outstanding issues, could you give the estimated date of completion? Are there any issues that you feel the Zoning Board should address during the June 10, 2003 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman e-W)el )I 06/10/09 TUE 15:19 FAX 978 688 9579 NORTH ANDOVER DPW X1001 TOWN OF NORTH ANDOV)E"K DIVISION OF PUBLIC WORDS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 1. William Nmrurtak �" Director William J. Sullivan, Chairman Zoning Board of Appeals Charles Street North Andover, Ma 01845 Re: Foxwood Drive & Weyland Circle ZSA #!023-2000 Dear Bre; Telephone (978) 685-0950 Fax (978) 688-9573 June 10, 2003 The Division of Public Worl3 is proceeding again with work on the outstanding construction issues in the Foxwood subdivision. The major issues are completion of the drainage remediation, improvements to the Weyland Circle, Foxwood Drive intersection, installation of street lights and replacement and planting of trees. We are currently working with Mass Electric regarding the lights and preparing to remobilize on the drainage issues when it stops raining. We hope to have all the work completed some time in October of this year. Please advise if you have any questions. Very J. Vdfiam Hmurciak, Director of Public Works Page 9 6/10!2003 )I May 14, 2003 To: J. Justin Woods Town Planner From: Zoning Board of Appeal Re: Foxwood Drive & Weyland Circle The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 (ZBA file #023-2000), is still before the Zoning Board. loo iii.;Ak1 J -th , Does your Department have any further information that would affect this appeal? Are there any outstanding Planning Board issues that you feel the Zoning Board should address during the June 10, 2003 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman -C VV) gd1/ 2 �� J May 14, 2003 To: Mark H. Rees Town Manager From: Zoning Board of Appeal Re: Foxwood Drive & Weyland Circle The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. SAA Do you have any further information that would affect this appeal? If there are there any issues that you feel the Zoning Board should address during the June 10, 2003 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman el� I 1 /�' May 14, 2003 To: Julie A. Parrino Conservation Commission From: Zoning Board of Appeal Re: Foxwood Drive & Weyland Circle The Foxwood Drive & Weyland Circle appeal, filed May 24; 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. Does your Commission have any further information that would affect this appeal? Are there any issues that you feel the Zoning Board should address during the June 10, 2003 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman 'Y M` May 14, 2003 To: John Simons, Chairman North Andover Planning Board From: Zoning Board of Appeal Re: Foxwood Drive & Weyland Circle The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continue since the June 2000 meeting. V Does your Board have any further information that would affect this appeal? Are there any issues that you feel the Zoning Board should address during the June 10, 2003 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman fvJ' May 14, 2003 To: Rosemary C. Smedile, Chairperson North Andover Board of Selectmen From: Zoning Board of Appeal Re: Foxwood Drive & Weyland Circle The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. $�eresc}a+�k�e�r�r.lp®9eet Does your Board have any further information that would affect this appeal? Are there any issues that you feel the Zoning Board should address during the June 10, 2003 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman n 'n - May 14, 2003 James R. Senior, Esq. 348 Park Street, Suite 207E North Reading, MA 01864 Dear Attorney Senior; The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for 1 meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoni since the June 2000 meeting. rTep=ny,-fhe'apprai wDe-mlolvedaat iQp-Wng Do you have any further information that would affect this appeal? Are there any issues that you feel the Zoning Board should address during the June 10, 2003 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman North Andover Zoning Board of Appeals WJS:mg CC: ZBA file I f " May 14, 2003 Mr. John Alfred Devlin 153 Weyland Circle North Andover, MA 01845 Dear Mr. Devlin; The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. Hopefaily; the apps Do you have any further information that would affect this appeal? Are there any issues that you feel the Zoning Board should address during the June 10, 2003 meeting? Thank you for your concern in this matter, - WJS:mg CC: ZBA file William J. Sullivan, Chairman North Andover Zoning Board of Appeals ,_4 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner October 9, 2002 Mr. John Alfred Devlin 153 Weyland Circle North Andover, MA 01845 Dear Mr. Devlin; Telephone (978) 688-9541 Fax(978)688-9542 The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. There has been no evidence submitted since December 2001 Hopefully, the appeal will be resolved at the December 1.0, 2002 meeting. Do you have any further information that would affect this appeal? Are there any issues that you feel the Zoning Board should address during the December 10, 2002 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman North Andover Zoning Board of Appeals WJS:mg CC: ZBA file P.S. 1.2-3-02 The information package for Board members should be mailed Thursday, December 5 for the Tuesday, December 10, 2002 ZBA meeting. Would you like to have your response to the October 9, 2002 letter included in the mailing? Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 October 9, 2002 Mr. John Alfred Devlin 153 Weyland Circle North Andover, MA 01845 Dear Mr. Devlin; � � I I ✓I �jeaV�i`1 �rd if A14 d 0VLP 86VO The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. There has been no.evidence submitted since December 2001 Hopefully, the appeal will be resolved at the December 10, 2002 meeting. Do you have any further information that would affect this appeal? Are there any issues that you feel the Zoning Board should address during the December 10, 2002 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman North Andover Zoning Board of Appeals WJS:mg CC: ZBA file Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner October 9, 2002 Telephone (978) 688-9541 Fax (978) 688-9542 To: North Andover Planning Board p 4, U a o\P,,,K ,N, IneeS� 0wv� The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. There has been no evidence submitted since December 2001 Hopefully, the appeal will be resolved at the December 10, 2002 meeting. Does your Board have any further information that would affect this appeal? Are there any issues that you feel )he Zoning Board should address during the December 10, 2002 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 9 • Tern of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Kathv UcKenw Plamh7g Director TO: Zoning Board of Appeals FROM: Kathy McKenna, Planning Director �V " DATE: December 9, 2002 RE: Foxwood Telephone (978) 688-9535 Fax (978) 688-9542 In the past two years the Planning Board has made a concerted effort to remedy any outstanding issues with regard to the site development of Foxwood. These efforts included hiring outside engineering consultant, VHB, to review the site. The issues that were initially addressed were in Bill Scott's Directors Memo of 2000. The Board further agreed with the Foxwood Action Plan (attached) with the changes suggested in Alison Lescarbeau's December 20, 2002 memo. I respectfully request additional time'to review the items discussed in the above documents and verify whether the Board's comments have been adequately addressed. l DEC 9 2002 BOAP`UfRbOF,�kpES'1i_5 688-954I TUILDING688-9545 CO\SER ATION 688-9530 HEALTH 688-9540 PLANNTING 688-9535 i Town of North Andover Office of the Planning Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director MEMORANDUM TO: Mark H. Rees, Town Manager FROM: Alison M. Lescarbeau, Chair, Planning Board RE: Foxwood Action Plan DATE: December 20, 2000 ��tfuu-epi � Telephone '9( 78) 688-9535 Fax (978) 688-9542 This memorandum is written in response to request for information relative to the Foxwood Action Plan. We have reviewed the correspondence from Mark Johnson, counsel for the Foxwood developer, and have the following comments: 1. In response to item #2, Directors Item 14 & 22, the Planning Board believes a stop sign should be placed on Weyland Circle. 2. In response to item #3, Directors item #3 the Planning Board wishes for the $5100.00 to be set up as a 593 Control Account with the Planning Board, who will disburse the funds to the homeowners (through the Treasurer) as requested. After one year of the opening of the account, any remaining monies will be released to the Town and transferred to the DPW to be utilized for the planting of street trees per their direction. The Planning Board would also like to point out that they sent letters to the owners of homes who have catch basins located in their driveways. The owners were given 14 days to respond to the Town Planner with any concerns they may have had and none -of the owners responded. Other than the above, the actions proposed seem acceptable and in line with all previous discussions and or meetings we have had. DEC s - 2002 I� BOAR` © "A P ''L , a-'?: 11 f;UIT.I)i\li (,XR-Oi445 CO NS :RVA TION- 6,' 4-4i3Q I fi.:li: ct �NOV-29-2000 WED 02:17 PM FAX NO, 00 P. 03/05 F 1 LAM ..d ro ,G -0 oCc Cq 4-4 an to 3 ti- y cl U I-000caG 0 3 O 0 U CL cd ^ ',:.....,. 04- cd y di Co 0 O ; d,'y cdca '� U4 cv trj U 4. O b U O C Z y U cd ^ O O N cW" Cd 0 a. W Oca x U cd 0 U ? , O O 1 0 cn 0 010 I t' C V 4 U +-• U U A 'Ci 0 cd O-- - O- . - ----- 10 .0 v I u 4 p v .+-+" "d •+' y Ute+ 110.1 �cd 0 CL v a C -O U •N O .... h .0 C13o o o a a b o y v .ro N ,.SC N O O cd ,C "C7 0 0� qj O O to 'C3 O LODC t�1 O� cl Cl' tri O C +'OU• v v� O > cn En cd -e� v, Ems, C C, C U N ✓ O cu cj . 0 c b LL! 'tel �0 C " 'NOV-29-2000 WED 02:17 PM FAX NO, 00P, 04/05 6. 4 rU O U z JIl L LVL�� 1� a ~' O CIO rt `• o = 0 oC bp Cd H ; •NOV-29-2000 WED 02:18 PM FAX NO. 00 P. 05/05 0 o N � R W O G1. rA O .O rA A� •1...1 � •n.l hit Cc � cn L ' p �•• + H 3 •3 O , o a 0 -a O C. o CU C o 0 o p x C •cn W N y r- O O di co 0 0 - CA u fi �c.0. R .O O : � C!ON>O ci � I= t; N�� os -- CLI cao v X U 'Q 4� c� i s.. O O �+ 0 Ju cacu cd ca rn 03 d O>1 y-4 , , 0 r- cn cc 5 en 0 0 CU O -: f w c� u 'p rte-, '" N O p. cn ,.O A +� Q U ca GJ O Cha UU •+ F • vJ E- +"O �� ca ��•r�, 2 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J. William Hmurciak Director Mr. William Sullivan Chairman Zoning Board of Appeals Re: Foxwood Dear Bill; Telephone (978) 685-0950 Fax (978) 688-9573 December 5, 2002 The Town and Summer Street realty Trust have reached an agreement on the conveyance of the Foxwood Subdivision and certain remaining bond funds. The agreement was executed in late October and easement documents were recorded in mid November. The DPW mobilized in November to begin the drainage remediation as designed by O'Neil Associates. The first and -most -important leg of the drainage'=unprovements,has been completed which eliminated the worst area of groundwater breakout. We will be continuing on the drainage project and other outstanding punch list items in April 2003 as weather permits. Very truly yours, J. William Hmurciak, P.E Director of Public Works �jDE �, � ,� 2D02 L. BOARD OF APPEALS TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J. William Hmurciak Director Mr. William Sullivan Chairman Zoning Board of Appeals Re: Foxwood Dear Bill; of soar a �y . o f 9 ♦ i � ,SSACIIU`'E� Telephone (978) 685-0950 Fax (978) 688-9573 December 5, 2002 The Town and Summer Street realty Trust have reached an agreement on the conveyance of the Foxwood Subdivision and certain remaining bond funds. The agreement was executed in late October and easement documents were recorded in mid November. The DPW mobilized in November to begin the drainage remediation as designed by O'Neil Associates. The first and most important leg of the drainage improvements has been completed which eliminated the worst area of groundwater breakout. We will be continuing on the drainage project and other outstanding punch list items in April 2003 as weather permits. Very truly yours, J. William Hmurciak, P.E. Director of Public Works D€U 9 - 2002 BOARD OF APPEALS TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J William Hmurciak Director Mr. William Sullivan Chairman Zoning Board of Appeals Re: Foxwood Dear Bill; pOPTH ti j. •, d .. O]0 • �C�~ ,aa 4i '^+no ,SSwcHuset Telephone (978) 685-0950 Fax (978) 688-9573 December 5, 2002 The Town and Summer Street realty Trust have reached an agreement on the conveyance of the Foxwood Subdivision and certain remaining bond funds. The agreement was executed in late October and easement documents were recorded in mid November. The DPW mobilized in November to begin the drainage remediation as designed by O'Neil Associates. The first and most important leg of the drainage improvements has been completed which eliminated the worst area of groundwater breakout. We will be continuing on the drainage project and other outstanding punch list items in April 2003 as weather permits. DEC i o zooz D BOARD OF APPEALS Very t your , J. William Hmur , P.E. Director of Public Works M Town Of No r,', - Andover Office of the Planning Deparee.-tit Community Development and Services Division -'TOY 27 Charles Street * �4 , North Andover, Massachusetts 01845y�IT n.stiff Kathv :McKenna Planning Director TO: - Zoning -Board of Appeals FROM: Kathy McKenna, Planning Director �V " DATE: December 9, 2002 RE: Foxwood Telephone (978) 688-9535 Fax (978) 688-9542 In the past two years the Planning Board has made a concerted effort to remedy any outstanding issues with regard to the site development of Foxwood. These efforts included hiring outside engineering consultant, VHB, to review the site. The issues that were initially addressed were in Bill Scott's Directors Memo of 2000. The Board further agreed with the Foxwood Action Plan (attached) with the changes suggested in Alison Lescarbeau's December 20, 2002 memo. I respectfully request additional time' to review the items discussed in the above documents and verify whether the Board's comments have been adequately addressed. II, DEC 9 2002 IUB BOAR ,n �p LFS 6' 'Z C� : PEALS 688-9541 BUILDING 688-9545 CQNSERV';?T.O 6,88-9530 i-IEAL E 698-9540 PLAT THING 688-9535 Town of North Andover f NOR7H O :o Office of the Planning Department76 Community Development and Services Division * s William J. Scott, Division Director 27 Charles Street "Ssgc++usti` North Andover, Massachusetts 01845 Te1e-hone '(978) 688-9535 Heidi Griffin r PIat2ning Director Fax (978) 688-9542 MEM-ORANDUM J TO: Mark H. Rees, Town Manager FROM: Alison M. Lescarbeau, Chair, Planning Board RE: Foxwood Action Plan DATE: December 20, 2000 This memorandum is written. in response to request for information relative to the Foxwood Action. Plan. We have reviewed the correspondence from Mark Johnson, counsel for the Foxwood developer, and have the following comments: 1. In response to item #2, Directors Item 14 & 22, the Planning Board believes a stop sign should be placed on Weyland Circle. 2. In response to item #3, Directors item #3 the Planning Board wishes for the $5100.00 to be set up as a 593 Control Account with the Planning Board, who will disburse the funds to the homeowners (through the Treasurer) as requested. After one year of the opening of the account, any remaining monies will be released to the Town and transferred to the DPW to be utilized for the planting of street trees. per their direction. The Planning Board. would also like to point out that they sent letters to the owners of homes who have catch basins located in their driveways. The owners were given 14 days to respond to the Town Planner with any concerns they may have had and none of the owners responded. Other than the above, the actions proposed seem acceptable and in line with all previous discussions and or meetings we have had. NM g.E � W E P�l DEG S - 2002 OV -29-2000 WED 02:17 Phi FAX N0, 00 P. 03/05 cE-1 o N 3 O O p c.564, ,O �- o OC4 ca c Ca y O U U a� > O U o cn H .O � 0 O oO Z3 tti A p.. c.�. 4- cu caQ U .21 UCr cn c�i 0 Cafi �'o Q 2 _18; ,� O � 0 =. y $- -d O'D '0 8 C U cz roo4-.�o�+ W Y 0 00 3Cd e' o O cd tb y 4� 'G U a� C% V O r� _ca I4' C4 :J o A Cd Ei Cl) O A. t1 20 00 O,fl cn o 0 0 O b ro ra Cd -b _o oO O , ' > Q o 0 .'q 0 cn ri w cel N Q .O U U U 0 p, . 0 - 3 cci. 0. U _co U - +U• O. r+ O V U cz 4 a Q, 'u o ca t S� c �-- ., b v O z. W Q •a .�'. ca o > O ✓ <u �rrO' � 0 y i•• •� y n, r u .., ca o N 3 O O p c.564, ,O �- o OC4 ca c Ca y O U U a� > O U o cn H .O � 0 O oO Z3 tti A p.. c.�. 4- cu caQ U .21 UCr cn c�i 0 Cafi �'o Q 2 _18; ,� O � 0 =. y $- -d O'D '0 8 C U cz roo4-.�o�+ W Y 0 00 3Cd e' o O cd tb y 4� 'G U a� C% V O r� _ca I4' C4 :J o A Cd Ei Cl) O A. t1 20 00 O,fl cn N U o U O b ro Q o 0 d- t. U U 0 p, �' U 3 v -o x o Q, tX'_ N U o U O Q d- t. U U N p, cn ..}�1O C3 yam.. ""'' a'O--• � � � � O '0 O 'L Q a+ En rg � cc a) Q U cn cd ri 5 0 in C -)o o C= c; �_ E 1 c j• Ur LL 12= u.. c ON Q` Q c M. NOV-20-2000 WED 02:17 PM FAX N0. 00 P. 04/05 tz Cd caa� •� n y U N Eg =,a E, V bo ,ry } V •U p f 0.1 --4 o 7 ca �' v aj Cd y p � ^• C4 ✓ y V .� � E c� �. 14 . y v� r 42 L�L/�1J rA O W 4-4 yo ti Cf CC) a`S > l� 03 En •Cn t3 y p� v Q .i ca - J h ti. O t Q U O a, y-17 � o H v ,... CU O •" `� > U � v ti N W Cd ,r? ®o CYr'o O L U O C H "d tz Cd caa� •� n y U N Eg =,a E, V bo ,ry } V •U p f 0.1 --4 o 7 ca �' v aj Cd y p � ^• C4 ✓ y V .� � E c� �. 14 . y v� r 42 rA O W 4-4 yo ti Cf CC) a`S > rl) 03 En •Cn t3 y p� v Q .i ca C O t ,3 ��.o y-17 (d O H v ,... CU O •" `� > U � v N Cd N tj • C L]. CYr'o O U O C H "d off-' v tz Cd caa� •� n y U N Eg =,a E, V bo ,ry } V •U p f 0.1 --4 o 7 ca �' v aj Cd y p � ^• C4 ✓ y V .� � E c� �. 14 . y v� r 42 rA O W 4-4 yo ti Cf CC) a`S > rl) 03 En •Cn t3 y p� v Q .i ' C A. C O t ,3 ��.o H v ,... CU O •" `� > U � v N y ca LZ; .0 0 'b � y •p O 0 G� y G p, O aCL _O P, � ctt d;t y �-• w w R ^ 4- CAW o o O 03 E cc 3 .:: ca I y N N O o Cf) cC-d NOV-29-2000 WED 02:18 PM FAX N0, 00 P, 05/05 0 O X U _ O Q W . O co j QJ 43 O ...i cd c O C;3 6r1 O ...y cp ra F-4 , • r .d o ,� ftLq 'v U v, C O 5 CU CU C 0 0 G chi U y O U Cq _ 4,1 o a ccf ,� C J._. 10 v O = .0 cd 0 0 N EA I= �,•i ca o CL L ca .r d ^ ,� O •81 O O cd z 'L7 LTd I c� O 4-A � i Go y CA II.r�r 0 0 ou u P, 0 •� ca . 0 ¢� O _O .a vim, `n O p US ca a rn O. O CC R a C,3 MM� N i 'Q; O U U P, A CIS a. a� L c O � Q ^� O I � 2 October 9, 2002 To: Kathleen McKenna, Town Planner From: Zoning Board of Appeal Re: Foxwood Drive & Weyland Circle The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the.Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Hopefully, the appeal will be resolved at the December 1.0, 2002 meeting. Does your Department have any further information that would affect this appeal? The following is your 2001 update: From: Byerley, Jacki Sent: Tuesday, December 04, 2001 12:43 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal The Planning Board at their meeting of October 30, 2001 voted to revoke the Foxwood bond money and have the town complete the work. As of yet the letter to revoke the bond has not been filed with the Town Clerk. Jacki Are there any issues that you feel the Zoning Board should address during the December 10, 2002 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman FOXWOOD AGENDA -TOWN OFFICIALS AND NEIGHBORHOOD MEETING 1. Welcome & Introduction from Mark H. Rees, Town Manager 2. Presentation of Revised Plan to Residents — Heidi Griffin, Town Planner A. Proposed Drainage Remediation B. Open Space Parcel C. Traffic Island D. Street Light 3. Other Issues A. Street Trees/Overcutting — Heidi Griffin, Town Planner B. Fire Sprinklers — William Dolan, Fire Chief C. School Bus — Mark H. Rees, Town Manager 4. Implementation — John Simons, Planning Board Chair A. Review by VHB, Town's Outside Engineering Consultant B. Approval by Planning Board — 0 Meeting, September 4, 2001 C. Construction Phasing & Bond Schedule/Releases D. Option to Seize Bond Monies 5. • Questions and Answers from Residents MEMORANDUM TO: North Andover Planning Board FROM: Heidi Griffin, Town Planner RE: Foxwood Revised Plans CC: Mark H. Rees, Town Manager DATE: August 22, 2001 Section 7B(3) of the Subdivision Rules and Regulations states "All roadways shall be constructed and inspected in compliance with specifications of the Division of Public Works". Section 10A(1), Acceptance of Public Improvements by the Town states "Prior to receiving a certificate of compliance, all public improvements shall be inspected by the Division of Public Works and certified as completed to the Town's standards". Section IOA(4)(a) states "submission of a petition to the Board of Selectman requesting that a way shown on an approved subdivision plan has been completed and certified by the Division of Public Works as acceptable as a public way; and..." All of these sections of the subdivision regulations provide the department of public works with the authority to make recommendations on field changes and/or recommendations for changes to Foxwood Drive. The revised plan depicts the following proposed changes within the town right-of-way to the Foxwood Subdivision: 1. Proposed underdrain which extends from Parcel B and Lots 5 to. -Lots 3 and will tie in to the underdrain at the corner of Lot 47. 2. Proposed 30' rip -rap swale near Parcel B. 3. Extend an earth swale to connect two additional earth swales, and loam and seed the areas disturbed for construction of the earth swale. (along Parcel B to Lot 47) V 4. Extend a stone swale from Lot 11 to Lot 13. 5. Proposed earth swale along Lots 46 and Parcel B, along with a proposed catch basin that will tie in to the existing catch basin at Station 13+50. 6. Extend a stone swale along Lot 9. 7. Propose an underdrain along Parcel B at the top of Foxwood Drive. 8. Intersection Improvements to Foxwood Drive/Weyland Circle: Weyland Circle will now have a double yellow centerline in the street so as to further clarify the line of traffic at that intersection. There will also be a stop line, coupled with a solid white edge line for vehicles making a right -turn out of Weyland Circle. There will also be cement concrete scored island at this intersection to slow vehicles down prior to turning. This is a basic summary of all of the revisions being presented in the revised plan. Obviously, this plan has been sent to VHB for a thorough engineering review and I will provide you with their response upon receipt. The applicant still needs to provide me with a plan depicting a street light at the switchback. The Open Space Deed has been provided to both myself and Jim Rand, along with the easement for the pumping station. The applicant has furnished proof of payment from the electric company. I would also like confirmation from the applicant that any taxes owed on the open space parcels of land have been paid, similar to what was provided from the electric company. A site visit should be established with myself and the developer to define "pedestrian access" to the open space so that a path may be cleared to access the open space. Glennon, Michel From: Parrino, Julie Sent: Tuesday, December 03, 2002 3:18 PM To: Glennon, Michel Subject: RE: ZBA Foxwood Drive & Weyland Circle 12-10-02 meeting Hi Mich, No issues or comments at this time. Thats all! -----Original Message ----- From: Glennon, Michel Sent: Tuesday, December 03, 2002 2:42 PM To: Parrino, Julie Subject: ZBA Foxwood Drive & Weyland Circle 12-10-02 meeting Hi, Julie; Could you do a quick list of issues, if any; or could you do a quick "no problems" response that I could include in this meetings' mailing to the Board? Thanks, Mich. << File: Foxwood & Weyland update for 12-02.doc >> Glennon, Michel From: Michel Glennon[mglennon@townofnorthandover.com] on behalf of Glennon, Michel Sent: Tuesday, December 03, 2002 2:36 PM To: Parrino, Julie Subject: ZBA Foxwood Drive & Weyland Circle 12-10-02 meeting Hi, Julie; Could you do a quick list of issues, if any; or could ou do a quick "no problems" response that I could include in Foxwood & Weyland this meetings' mailing to the Board? Thanks, Mich. update for 1... .*- !6"40 01 Roc b vvtj October 9, 2002 j )fife- � ),-�-aa To: Julie A. Parrino, Conservation Commission The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. There has been no evidence submitted since December 2001 Hopefully, the appeal will be resolved at the December 10, 2002 meeting. Does your Department have any further information that would affect this appeal? Are there any issues that you feel the Zoning Board should address during the December 10, 2002 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman —f r4 �j 41 Oil ✓��'u .<Pc�J — Y D I I 153 dt DAb 09/26/2002 13:1$ FAX 978 688 9556 TOWN OF NORTH ANDOVER Town of North Andover Office of the Zoning Board of Appeals COMMunity Development and Services Di 27 Charles Street North Andover, Mt gwxl asa-ts (?3845 1:1. RobcrtNicettta /:lriIdris Comm;,;iyoner Legal Notice North Andover, Board 001 r• / YCEOR. H a -o a00a SEP 2b Telephonic (978) 688-9541 F.0 (978) 6&,�-9542 i Noti._ a iseby given that the Board of Appeals will l Ida public bearing at the Senior Center, " -- 1201r Main treet, North Andover, MA on Tuesday the Sth of October, 2402, at 7:30 p.ra to `� partie s interest in the appeal of Paul Dedeglou, T�ustoc of Evros Realty Trust, 675 Foster Street Hort :Andover,[p for premises at 11-15 bust Stpt�eet, North Andover resting a Variance fo , relief %m Secdon�8 Paragraphs 3, 5 and 6 fiom)he requirements of off-street parbog; and a Speci: d Permit from Yectiot3 9, Paragraph 9:1 and 9.2 to alter a preying, non-onformina strucc ire on a pre.�non-confiorming lot o allow for the proposed at#crafion by reducing th size o:'an existing r � �----� Said p remises affected is pro with fiont ge on the. Northwest side ofFirst Street witbiY a VB zoninj district_ Plans :1re available for review at the WE of the Building Dint, 27 Charm Street, North Ando: er, MA, Monday through T y. during the haus of 9:00 AM to 2:00 PR ��:► "' By order of the Board of AppealsIlk 0 >. 25: �U U m `¢ f• x �j.a..`�. W isJ.�= Z a 'i.�' CU CJ's �+• � } h- �, �'• J. Sullivan, Chairman cc (]z r.� F Publisl',�} n tkEagle-Tribune- a -September 23, & 30, 2002 Legalnctice2002447... .` •�(;l:-C. G,.`6, .. - hf•� b^- {p yE •Lm.. btr�� gg' mE �� -a c°17. pQ '�� V.'ot��S�:-•�m—�'ma.•°':.m'm� Im Edi .o►mo7 Q "°•' Y c ffi—on� m:s:— p. m ce m e:� vE F E. »• €^. m �Q.. �. :o.i;'eo ,. c• oti s�' i-�5:� cam m - G P.�. ice: nE•.mao.•.•�. ���_�t.-d5 r HoaM a(App,*6 6BIL9541 HvUwg 68N.y$ij 111ww;ng 6$W-9535 Town of North Andover °F µ°RTI <Y'E� s 6Y �� Office of the Zoning Board of Appeal °- Community Development and Services Division c y 27 Charles Street �` °qA �. • ''4 °R�TB°'fP��6J North Andover, Massachusetts 01845 �SSACHus�t D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION I TO: :IAVV%es l�, 6Qln FAX NUMBER: 97q- 1 6y — 9,5:0 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: 2. DATE: tq ) SUBJECT: rpxt4Qo� Prli✓p_ �p�`.ar�d �✓ZJ� REMARKS: -T�e' ct(- c+--(- -6- 6")qr) MeV, 6 10r5 I et evvl ber r, V MCI Pled T�ul sde ) u es d a) 6,e c e o4 e, - 4q ve� �owr e5 �oN 6,e- 11 4 c_ ll4dlpd I I 14'i Gi r' 1 evi � 5 Board of Appeals 688-9.541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 October 9, 2002 James R. Senior, Esq. 348 Park Street, Suite 207E North Reading, MA 01864 Dear Attorney Senior; The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. There has been no evidence submitted since December 2001 Hopefully, the appeal will be resolved at the December 10, 2002 meeting. Do you have any further information that would affect this appeal? Are there any issues that you feel the Zoning Board should address during the December 10, 2002 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman WJS:mg CC: ZBA file HP OfficeJet Personal Printer/Fax/Copier Last Fax Identification 819786649502 1.2.0 2.8 Result Eno Tvne OK 02 Sent Fax Log Report Dec -03-02 14:44 Date Time Duration Diagnostic Dec -03 14:44 00:00:40 002580030022 Glennon, Michel From: Michel Glennon[mglennon@townofnorthandover.com] on behalf of Glennon, Michel Sent: Tuesday, December 03, 2002 3:28 PM To: McKenna, Kathleen Subject: ZBA Foxwood Drive & Weyland Circle 12-10-02 meeting Hi, Kathy, The information package for Board members should be mailed Thursday, December 5 for the Tuesday, December 10, 2002 ZBA meeting. Would you like to have your response included in the mailing? Thanks, Mich. I Foxwood & Weyland 12.10.02 Pla... Town of North Andover Office of the Zoning Boa4of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9541 D. Robert Nicetta Fax (978) 688-9542 Building Commissioner October 9, 2002 To: Kathleen McKenna, Town Planner From: Zoning Board of Appeal - Re: Foxwood Drive & Weyland Circle The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Hopefully, the appeal will be resolved at the December 10, 2002 meeting. Does your Department have any further information that would affect this appeal? The following -is your 2001 update: From: Byerley, Jacki Sent: Tuesday, December 04, 2001 12:43 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal The Planning Board at their meeting of October 30, 2001 voted to revoke the Foxwood bond money and have the town complete the work. As of yet the letter to revoke the bond has not been filed with the Town Clerk. Jacki Are there any issues that you feel the Zoning Board should address during the December 10, 2002 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 cc CSV\ pA/� .�U �D 4e, October 9, 2002 To: Kathleen McKenna, Town Planner The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 ZBA file #023-2000, is still before the Zoning Board. Hopefully, the appeal will be resolved at the December 10, 2002 meeting. Does your Department have any further information that would affect this appeal? The following is your 2001 update: From: Byerley, Jacki Sent: Tuesday, December 04, 2001 12:43 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal The Planning Board at their meeting of October 30, 2001 voted to revoke the Foxwood bond money and have the town complete the work. As of yet the letter to revoke the bond has not been filed with the Town Clerk. Jacki Are there any issues that you feel the Zoning Board should address during the December lb, —2662. meeting? Thank you for your concern in this matter, William I Sullivan, Chairman .- Glennon, Michel To: Hmurciak, Bill Subject: ZBA Foxwood Drive & Weyland Circle 12-10-02 meeting Hello, Mr. Hrnureiak; The information pad'kage for Board members should be mailed Thursday, December 5, for the 'Tuesday, December 30, 2002 ZBA meeting. Would you like to have your response included in the mailing, even if the answer is "no problem"? Thanks, Mich. October 9, 2002 To: J. William Hmurciak, Director Division of Public Works The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. There has been no evidence submitted since December 2001 Hopefully, the appeal will be resolved at the December 10, 2002 meeting. Does your Division have any further information that would affect this appeal? The following is the DPW 2001 update: "Assuming that the Town and the Foxwood developer agree on the disposition of bond funds and those funds become available to DPW, we anticipate that we would procure a contractor during the winter months to work on drainage and roadway improvements starting in May 2002, weather permitting. The work would be according to the drainage remediation plan by O'Neil Associates, dated 9/21/2002. Other work on "punch list" items would be completed in the same construction season. Hopefully all work would be completed by November, 2002." Are there any issues that you feel the Zoning Board should address during the December 10, 2002 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 William V. Dolan Chief of Department Edward J. Morgan x 9h r `;1,q* °^Wren aFaSRu Deputy Chief �g co"40 To: Mr. William Sullivan Chairman Zoning Board of Appeals From: Fire Chief Dolan RE: Residential Fire Sprinklers — Foxwood Drive & Weyland Circle Date: 22 November 2002 Telephone (978) 688-9593 FAX (978) 688-9594 The fire department has pursued several avenues with regards to the residential fire sprinkler issues and we are continuing to work to resolve any problems related to that matter. As of this time we have not exhausted our efforts and will continue to work on this issue. Please contact me if you have any questions regarding this matter. William V. Dolan Fire Chief NOV 2002 D BOARD OF APPEALS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division D. Robert Nicetta Building Commissioner October 9, 2002 Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 To: Chief William V. Dolan, North Andover Department Telephone (978) 688-9541 Fax (978) 688-9542 The Foxwood Drive & Weyland Circle appeal, filed May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board and has been continued since the June 2000 meeting. There has been no evidence submitted since December 2001 Hopefully, the appeal will be resolved at the December 10, 2002 meeting. Does your Department have any further information that would affect this appeal? The following is the 2001 update. From: Dolan, Chief William Sent: Friday, December 07, 20014:46 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal I believe that they have kept the residential fire sprinkler issues separate in the appeal. I would appreciate reviewing the appeal with some member of the ZBA to make sure we are on the same page. Are there any issues that you feel the Zoning Board should address during the December 10, 2002 meeting? Thank you for your concern in this matter, William J. Sullivan, Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner September 4, 2002 Mr. John A. Devlin 153 Weyland Circle North Andover, MA 01845 RE: Stephen Galinsky Department of Public Safety Case No. 01-00-02 I�. Telephone (978) 688-9545 Fax (978) 688-9542 I am writing in response to your August 28, 2002 correspondence in which you demand that I "force Mr. Qdmsky to act in accordance with the Department of Public Safety finding". My comments are as follows: } 1. In your correspondence you reference a letter dated May 2, 2002, which you sent to Stephen Galinsky, and you, enclose a response from Mr. Galinsky's attorneys. Such correspondence is between private parties and it would be inappropriate for me to respond to either of those lettere 2. You included with your letter to me the Department of Public Safety findings dated November 5, 2001 and May 7, 2001 The latter decision superceded the prior decisiorL The May 7, 2002 decision issued a warning to I& Galinsky. I find nothing in the May 7, 2002 demon, which orders Mr. Galinsky to taloa any action so your demand that I force Mr. Galinsky to act in accordance with the finding is not possible. 3. Inn any event, the decision dated May 7, 2002 was issued by the Department of Public Safety so I suggest that if you have concerns about enforcement of the decision, you address those concerns to that Department which issued the decision. very truly yours, D. Robert Nicetta Building Commissioner CC: Mark Rees, Town Manager Heidi Griffin, Director C,D&S Fire Chief William Dolan Mark Mooney, Assistant Chief of Inspection, Department of Public Safety USEP ' D r BOARI t?F W 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 phone: 978-688-9541 fax: 978-688-9542 To: James R. Senior, Esq. Re: Foxwood Drive & Weyland Circle Fax: 978-664-9502 Pages: 3 Phone: Date: 5/16/02 ❑ Urgent ❑ For Review ❑ Please Comment * Please Reply ❑ CC: Please sign and return the North Andover Zoning Board of Appeals "waive time constraints" form. Hopefully, June 11 will have no surprises. him Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicelta. Building Commissioner FAX TRANSMISSION TO: FAX NUMBER.- FROM: UMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX -.978,688~9542 PHONE: 978-68&9541 DATE _ q- z SUa)ECT.- ' Telephone (978) 688_9541 Fax (978) 688-9542 NUMBER foF PAGES: REMARK 1?3�mev� tel) �d �t o� �� �f CA, ove o j, cit aS) 3011 -RD OF APPEALS 688-9541 BLULDINIG 688-9545 CONSERVATION 688-9530 HEALTH 688-95 10 PL�rING 688-9535 R eL HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Apr -25-02 13:12 Identification Result Pages Tune Date Time Duration Diagnostic 89786649502 OK 02 Sent Apr -25 13:11 00:00:50 002580030022 . 1.1.0 2.8 Glennon ,Michel From: Hmurciak, Bill Sent: Thursday, December 13, 20014:52 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal Assuming that the the Town and the Foxwood developer agree on the disposition of bond funds and those funds become available to DPW, we anticipate that we would procure a contractor during the winter months to work on drainage and roadway improvements starting in May 2002, weather permitting. The work would be according to the drainage remediation plan by O'Neil Associates,dated 9/21/2001. Other work on "punch list" items would be completed in the same construction season. Hopefully all work would be completed by November 2002.. -----Original Message ----- From: Glennon, Michel Sent: Thursday, December 06, 20015:21 PM To: Hmurciak, Bill Subject: Foxwood Drive & Weyland Circle appeal The Zoning Board of Appeals would Ilike an estimated time frame when the compliance work for your Department will be completed. The appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Thank you for your attention. William J. Sullivan, Chairman Glennon, Michel To: Hmurciak, Bill Subject: Foxwood Drive & Weyland Circle appeal The Zoning Board of Appeals would Ilike an estimated time frame when the compliance work for your Department will be completed. The appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file # 023-2000, is still before the Zoning Board. Thank you for your attention. William J. Sullivan, Chairman Glennon, Michel To: Byerley, Jacki Subject: RE: Foxwood Drive & Weyland Circle appeal The Zoning Board of Appeals would like an estimated time frame when the compliance work for your Department will be completed. Thank you for your attention. William J. Sullivan, Chairman -----Original Message ----- From: Byerley, Jacki Sent: Tuesday, December 04, 200112:43 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal The Planning Board at their meeting of October 30, 2001 voted to revoke the Foxwood bond money and have the town complete the work. As of yet the letter to revoke the bond has not been filed with the Town Clerk. Jacki -----Original Message ----- From: Glennon, Michel Sent: Tuesday, December 04, 200112:40 PM To: Byerley, Jacki Subject: Foxwood Drive & Weyland Circle appeal The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Does the Planning Department have any current information that would affect this appeal? Thank you for your concern in this matter. William J. Sullivan, Chairman Glennon, Michel To: Byerley, Jacki Subject: RE: Foxwood Drive & Weyland Circle appeal The Zoning Board of Appeals would like an estimated time frame when the compliance work for your Department will be completed. Thank you for your attention. William J. Sullivan, Chairman -----Original Message ----- From: Byerley, Jacki Sent: Tuesday, December 04, 200112:43 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal The Planning Board at their meeting of October 30, 2001 voted to revoke the Foxwood bond money and have the town complete the work. As of yet the letter to revoke the bond has not been filed with the Town Clerk. Jacki -----original Message ----- From: Glennon, Michel Sent: Tuesday, December 04, 200112:40 PM To: Byerley, Jacki Subject: Foxwood Drive & Weyland Circle appeal The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Does the Planning Department have any current information that would affect this appeal? Thank you for your concern in this matter. William J. Sullivan, Chairman Glennon, Michel From: Byerley, Jacki Sent: Tuesday, December 04, 2001 12:43 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal The Planning Board at their meeting of October 30, 2001 voted to revoke the Foxwood bond money and have the town complete the work. As of yet the letter to revoke the bond has not been filed with the Town Clerk. Jacki -----Original Message ----- From: Glennon, Michel Sent: Tuesday, December 04, 200112:40 PM To: Byerley, Jacki Subject: Foxwood Drive & Weyland Circle appeal The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Does the Planning Department have any current information that would affect this appeal? Thank you for your concern in this matter. William J. Sullivan, Chairman Glennon, Michel From: Hmurciak, Bill Sent: Thursday, December 13, 20014:52 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal Assuming that the the Town and the Foxwood developer agree on the disposition of bond funds and those funds become available to DPW, we anticipate that we would procure a. contractor during the winter months to work on drainage and roadway improvements starting in May 2002, weather permitting. The work would be according to the drainage remediation plan by O'Neil Associates,dated 9/21/2001. Other work on "punch list" items would be completed in the same construction season. Hopefully all work would be completed by November 2002.. -----Original Message ----- From: Glennon, Michel Sent: Thursday, December 06, 20015:21 PM To: Hmurdak, Bill Subject: Foxwood Drive & Weyland Orde appeal The Zoning Board of Appeals would Ilike an estimated time frame when the compliance work for your Department will be completed. The appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Thank you for your attention. William J. Sullivan, Chairman Glennon, Michel From: Dolan, Chief William Sent: Friday, December 07, 20014:45 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal I believe that they have kept the residential fire sprinkler issues separate in the appeal. I would appreciate reviewing the appeal with some member of the ZBA to make sure we are on the same page. -----Original Message ---- From: Glennon, Michel Sent: Tuesday, December 04, 200112:57 PM To: Dolan, Chief William Cc: Hmurciak, Bill Subject: Foxwood Drive & Weyland Circle appeal The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Does your Department have any current information that would affect this appeal? Thank you for your concern in this matter. William J. Sullivan, Chairman Glennon, Michel From: Dolan, Chief William Sent: Friday, December 07, 20014:45 PM To: Glennon, Michel Subject: RE: Foxwood Drive & Weyland Circle appeal I believe that they have kept the residential fire sprinkler issues separate in the appeal. I would appreciate reviewing the appeal with some member of the ZBA to make sure we are on the same page. --Original Message— From: Glennon, Michel Sent: Tuesday, December 04, 200112:57 PM To: Dolan, Chief William Cr. Hmuraak, Bill Subject: Foxwood Drive & Weyland Circle appeal The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Does your Department have any current information that would affect this appeal? Thank you for your concern in this matter. William J. Sullivan, Chairman 2000 -.ZBA file #023-2000, is still before the Zoning Board. Does the Conservation Commission have any current information that would affect this appeal? Thank you for your concern in this matter. William J. Sullivan, Chairman Glennon, Michel From: Magee, Linda Sent: Tuesday, December 04, 2001 3:05 PM To: Glennon, Michel Subject: FW: Foxwood Drive & Weyland Circle appeal Linda Magee Conservation Secretary tel: 978.688.9530 fax: 978.688.9542 27 Charles Street 2nd Mr. North Andover, MA 01845 -----Original Message ----- From: Conservation [mai Ito: On-Behalf-Of-Magee,_Linda Sent: Tuesday, December 04, 20012:02 PM To: 'friarsl5@aol.com' Cc: Paquette, Rick Subject: FW: Foxwood Drive & Weyland Circle appeal Linda Magee Conservation Secretary tel: 978.688.9530 fax: 978.688.9542 27 Charles Street 2nd Mr. North Andover, MA 01845 -----Original Message ----- From: Glennon, Michel Sent: Tuesday, December 04, 2001 1:13 PM To: Magee, Linda Subject: Foxwood Drive & Weyland Circle appeal To: Scott Masse, Chairman Conservation Commission The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, 2000 - ZBA file #023-2000, is still before the Zoning Board. Does the Conservation Commission have any current information that would affect this appeal? Thank you for your concern in this matter. William J. Sullivan, Chairman Glennon, Michel From: Magee, Linda Sent: Tuesday, December 04, 2001 3:14 PM To: Glennon, Michel Subject: FW: Foxwood Drive & Weyland Circle appeal Linda Magee Conservation. Secretary tel: 978.688.9530 fax: 978.688.9542 27 Charles Street 2nd Mr. North Andover, MA 01845 -----Original Message ----- From: Conservation (mai Ito: conservation@townofnorthandover.com] On Behalf Of Magee, Linda Sent: Tuesday, December 04, 20013:04 PM To: Glennon, Michel Subject: FW: Foxwood Drive & Weyland Circle appeal Linda Magee Conservation Secretary tel: 978.688.9530 fax: 978.688.9542 27 Charles Street 2nd Mr. North Andover, MA 01845 -----Original Message ----- From: Conservation [mailto:conservation@townofnorthandover.com] On Behalf Of Magee, Linda Sent: Tuesday, December 04, 20012:02 PM To: 'friarsl5@aol.com' Cc: Paquette, Rick Subject: FW: Foxwood Drive & Weyland Circle appeal Linda Magee Conservation Secretary tel: 978.688.9530 fax: 978.688.9542 27 Charles Street 2nd Mr. North Andover, MA 01845 -----Original Message ----- From: Glennon, Michel Sent: Tuesday, December 04, 20011:13 PM To: Magee, Linda Subject: Foxwood Drive & Weyland Circle appeal To: Scott Masse, Chairman Conservation Commission The Foxwood Drive & Weyland Circle appeal, started May 24, 2000 for the Zoning Board of Appeals meeting of June 20, from the desk of.- Ali'ary L ola7-Ippolito TO.- -DATE.- M -E -M -O TOWN. OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Mark H. Rees Town Manager October 23, 2002 Mr. William J. Sullivan, Chairman North Andover Zoning Board of Appeals C/0 North Andover Community Development and Services Division 27 Charles Street North Andover, MA 01845 Dear Bill, Telephone (978) 68 8-95 10 FAX (978) 688-9556 In response to your letter of October 9, 2002, requesting information that may be applicable to The Foxwood Drive & Weyland Circle appeal (ZBA file #023-2000) currently before your Board, please be informed that the Board of Selectmen recently authorized me to sign the enclosed agreement with the developer of the Foxwoods subdivision. In part, the agreement provides for the Town to assume ownership of the streets in the subdivision as well as certain drainage easements and to make necessary improvements to the infrastructure in the subdivision to address.safety concerns. Should you have any questions concerning this matter or need additional information, do not hesitate to contact me. Sinc ely, M rk H. Rees Town Manager Cc: Board of Selectmen Jack Devlin Robert Nicetta, Building Commissioner Heidi Griffin, Director of Community Development and Services MHR/aj j Enclosures �Y� D OC�2� Izbafoxwoods 2002 BOARD OF APPEALS f 1., 4 AGREEMENT AGREEMENT entered into this 1�3 day of September, 2002, between Franklin S. Davis, Trustee of Summer Street Realty Trust, under Declaration of Trust dated January 25, 1993, and recorded at the Essex North District Registry of Deeds in Book 3676, Page 52 (hereinafter referred as "Summer"), and the Town of North Andover (hereinafter referred to as "North Andover"); WHEREAS, Summer was the developer of a certain Subdivision known as Foxwood Estates (referred to as "Foxwood") in North Andover; WHEREAS, in conjunction with the development of Foxtvood, Summer has posted with the Town of North Andover a number of bonds, which are set forth on Exhibit 1; WHEREAS, North Andover alleges that certain work at "Foxwood" required by the Planning Board and Conservation approvals which were secured by the bonds has not been done in accordance with its Rules and Regulations and issued permits; WHEREAS, Summer disputes said claim; WHEREAS, Summer owes the Town of North Andover real estate taxes on the open space in the amount of approximately $40,000; WHEREAS, Summer owes the Town of North Andover certain mitigation fees relative to lots in the Sumner Subdivision in the amount of $42,240, which Summer has paid to the Department of Public Works; WHEREAS, the Parties wish to resolve all their outstanding differences; WHEREFORE, in consideration of the mutual promises and obligations set forth in this Agreement, the Parties agree as follows: NEC MEWSD 1 OCT 2 §: �V>� \ O S\Temporary lntemet Files\OLKF104\Ab Bement-foxwobd8-28revl.doc BOARD OF APPEALS N 1. North Andover shall return to Summer the sum of $35,000, representing the Conservation bond. 2. Summer shall, at the time said bond is returned to it, make a donation of $35,000 to the Conservation Commission of the Town of North Andover. 3. North Andover shall return to Summer the sum of approximately $401,000 representing a portion of the Planning Board Bonds. The Town shall keep all remaining bond funds plus interest. 4. Summer shall pay to the Tax Collector, Town of North Andover the sum of approximately $40,000 representing the amount gfreal estate taxes due on the open space and streets. 5. North Andover shall keep the $42,240 paid to it for sewer mitigation fees. 6. . _Summer has provided to the Town of North Andover the following documents, which are attached as Exhibit 2: (a) Acceptance of easement for pumping station, (b) acceptance of Foxwood pumping station, (c) Street deed, (d) Open space deed. The Town is authorized to record the above documents after it has obtained the necessary approvals to do so but Summer shall not be liable to any real estate taxes on either the open space parcels or the streets. 7. Summer Street Realty Trust on behalf of itself, its Trustees, (both current and past), its beneficiaries (both current and past), its successors, agents (including Evergreen Management Corp., its agents and employees), attorneys and assigns (hereinafter referred to collectively as "Summer") does hereby remise, release and fully and forever discharge the Town of North Andover, (hereinafter referred to 2 CAWINDOWS\Temporary Internet Files\OLKF104\Agreement-foxwood8-28revl.doc M as the "North Andover"), their Boards, commissions, employees, heirs, executors, officers, administrators, successors, agents, attorneys and assigns of and from any all manner of action and actions, cause and causes of action, suits, damages, judgments, executions, claims for personal injuries, property damage and demands whatsoever in law and in equity, which they are, were or hereafter could be liable of and from any and all debts, demands, actions, causes of action, suits, accounts, sums of money, reckonings, bonds, promises, acts, omissions, covenants, policies, contracts, agreements, damages, executions, and any and all claims, obligations demands end liabilities of whatever name, kind and nature, both in law and in equity, both common law and statutory, both state and federal, which against said North Andover, Summer now has or ever had from the beginning of the world to this date, on account of the Foxwood Subdivision, any bonds posted with any North Andover Board relative to the Foxwood Subdivision, -and any action taken by any Town of North Andover Board relative to said subdivision. Summer hereby acknowledges that in making this Release, in which it had the benefit, at all times, of counsel of its own choice, it is relying on its own judgment, belief and knowledge as to all aspects of any claims; it is acting voluntarily and without coercion or duress; and have not and are not relying upon any representation or statement made by the parties hereby released or anyone representing the interest of said parties. 8. The Town of North Andover (North Andover) does hereby remise, release and fully and forever discharge Summer Street Realty Trust its 9 CAWINDOWS\Temporary Intemet Files\OLKFI04\Agreement-foxwood8-28revl.doc trustee(s), (both current and past) its beneficiaries (both current and past) its successors, agents, (including Evergreen Management Corp. its agents and employees), attorneys and assigns (hereinafter collectively referred to as "Summer") of and from any all manner of action and actions, cause and causes of action, suits, damages, judgments, executions, claims for personal injuries, property damage and demands whatsoever in law and in equity, which they are, were or hereafter could be liable of and from any and all debts, demands, actions, causes of action, suits, accounts, sums of money, reckonings, bonds, promises, acts, omissions, covenants, policies, contracts, agreements, damages, executions, and any and all claims, obligations demands and liabilities of whatever name, kind and nature, both in law and in equity, both common law and statutory, both state and federal, which against said Summer ,North Andover, now has or ever had from the beginning of the world to this date, on account of the Foxwood Subdivision, any work which was required to be completed by Summer at the Foxwood subdivision pursuant to any permit or approval, any taxes owed by Summer for any land at the Foxwood subdivision, any mitigation fees owed by Summer relative to the Foxwood subdivision. North Andover hereby acknowledges that in making this Release, in which it had the benefit, at all times, of counsel of its own choice, it is relying on its own judgment, belief and knowledge as to all aspects of any claims; it is acting voluntarily and without coercion or duress; and have not and are not relying upon any representation or statement CAWINDOWS\Temporary Intemet Files\OLKF104\Agreement-foxwood8-28revl.doc Y I made by the parties hereby released or anyone representing the interest of said parties. 9. Franklin S. Davis,: Trustee of Summer Street Realty Trust, hereby certifies that: (1) the undersigned Franklin S. Davis is the sole trustee of the trust; (2) that the trust remains in full force; (3) that all the beneficiaries of the Trust have duly directed the Trustee, Franklin S. Davis, to execute this document; and (4) all the beneficiaries are of legal age, all the beneficiaries are competent and all the beneficiaries have authorized and 41'rected this transfer for nominal consideration. Signed as a sealed instrument on the date set forth above. Summer Street Realty Trust. Town of North Andover S 1 By: Franklin S: Da s; Trustee Ever n Management Corp. (as t�aph 7) Foxwood kealty Corp assents to the release of the Conservation Commission Bond pursuant to this Agreement ranklin 7D.Dav;iis, resident I CAWrN DO WS \Temporary Internet Files\OLKF104\Agreement-foxwood8-28revl.doc u r d Exhibit 1 Amount remaining in Conservation Commission Bond (without interest) $35 000 Amount remaining in Planning Board Bonds (without interest) $96,740 S 7�- 0 C.\WINDOWSUemporary Intemet Files\OLKFI04\Agreement-foxwood8-28revl.doc Exhibit 2 C:\WINDOWS\Temporary Intemet Files\OLKF104\Ab eement-foxwood8-28revl.doc ACCEPTANCE OF EASEMENT FOXWOOD PUMPING STATION We, the undersigned Board of Selectman of the Town of North Andover, Massachusetts, for and on behalf of the Town, accept the conveyance of an Easement to said Town, which easement is more particularly described on an Easement Plan and in an Easement Deed, which Plan was recorded at the Essex North Registry of Deeds as Plan No. 14096, and which Easement Deed was recorded at Instrument No. 30695 on August 28, 2001. s, September , 2002 COMMONWEALTH OF MASSACHUSETTS Essex, ss September , 2002 Then personally appeared before me the above-named and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Board of Selectman of the Town of North Andover, before me. Notary Public My commission expires: H CAWINDOWs\Temporary Internet Files\OLKF104\Agreement-foxwood8-28revl.doc ACCEPTANCE OF FOXWOOD PUMPING STATION We, the undersigned Board of Selectman of the Town of North Andover, Massachusetts, for and on behalf of the Town, accept the conveyance of the Foxwood Pumping Station to said Town, which Pumping Station is located on Foxwood Drive, Parcel B Open Space as shown on Plan of Land entitled "Special Permit and Definitive Plan, Foxwood, North Andover, Massachusetts" owned and developed Summer Street Realty Trust, 733 Turnpike Street, Suite 209, North Andover, Massachusetts 01845, Scale 1" = 40' dated May, 1993 revised December 9, 1993 Engineer: Merrimack Engineering Services Inc., 66 Park Street, Andover, Massachusetts 01810. Said Plan is recorded at the Essex North District Registry of Deeds as Plan No. 12371. September , 2002 COMMONWEALTH OF MASSACHUSETTS Essex, ss September , 2002 Then personally appeared before me the above-named and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Board of Selectman of the Town of North Andover, before me. Notary Public My commission expires: E CAWINDOWS\Temporary Intemet Files\OLKF1041Ao eement-foxwood8-28revl.doc 00t Memo To: Mary Ippilitto From: Kathy O'Neill Date: January 4, 2001 Re: Agenda item for next weeks meeting E.'Xla r~ �3 Mark Rees asked me to send you this information to be included on your agenda for the next meeting. This came about from a phone call from Walter Soule. Any questions, please call Mark Rees at 688-9513. Thank you. 0 Page 1 THOMAS I URBELIS E-MAIL: tju@ufb.com URBELIS, FIELDSTEEL & BAILIN; LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 December 29, 2000 Mark B. Johnson, Esq. 12 Chestnut Street Andover, MA 0 1810-3 706 RE: FOXWOOD SUBDIVISION Dear Mark: Could you please let me know the anticipated date for receipt of the drainage analysis by your professional engineer. Also, enclosed please find copies of - 1. f1. Memorandum dated December 20, 2000 from Alison M. Lescarbeau; and 2. Memorandum dated December 20, 2000 from Ed Cardoza, a resident of Foxwood Subdivision. I would appreciate your response to the foregoing memoranda. Very truly yours, r Thomas J. belis Enclosures TJU/lah cc: Mark Rees ' 1-1\:. .uulOVC:... wn.pl'Juhn:nni . M, I,, Andover Office Telephone 978-475-4552 Town of North Andover Y - Office of the Planning Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director MEMORANDUM TO: - Mark H. Rees, Town Manager FROM: Alison M. Lescarbeau, Chair, Planning Board RE: Foxwood Action Plan DATE: December 20, 2000 Telephone (973) 683-9535 Fax (978)688-9542 This memorandum is written in response to request for information relative to the- Foxwood Action Plan. We have reviewed the correspondence from Mark Johnson, counsel for the Foxwood developer, and have the following comments: 1. In response to item #2, Directors Item 14 & 22, the Planning Board believes a stop sign should be placed on Weyland Circle. 2. In response to item #3, Directors item ##3 the Planning Board wishes for the $5100.00 to be set up as a 593 Control Account with the Planning Board, who will disburse the funds to the homeowners (through the Treasurer) as requested. After one year of the opening of the account, any remaining monies wM be released to the Town and transferred to the DPW to be utilized for the planting of street trees per their direction. The Planning Board would also hMce to point out that they sent letters to the owners of homes who have catch basins located in their driveways. The owners were given 14 days to respond to the Town Planner with any concerns they may have had and none of the owners responded. Other than the above, the actions proposed seem acceptable and in line with all previous discussions and or meetings we have had. ._ .;2'.,' )f: •. it Uf_ \1,., !.:Z}. -'i° .i ..1�i�,U o,�,._ )i.l� ( 1 •i`. !::( i. i. �• -� ...:(: (�n:i-')�.i' —" Page 1 of 2 Mark Rees From: Ed Cardoza [ecardcza@mediacne.net] Sent: Wednesday, December 20, 2000 3:34 PM To: Mark Rees Subject: Fcxwood Prioritized Task List Dear Mark, I reviewed copies of the November 29, 2000 letters by Mark Johnson and Tom Urbelis regarding the subject list of tasks to be completed, and I thought it might be helpful to you if I made a few points that you could raise with Evergreen during any upcoming discussions. I. Of the 12 items listed, 5 are high priority, including: "no- brainers" that make this effort look good. 2. Item 10, the pump station, has been resolved by Town 3. There is no mention of the sprinkler issue - this is the top injury or fatality should sprinklers fail. 4. There are engineering issues raised in .the VHB report 5. The proper list of items to be completed are included in numbers 1, 2, 3, 4 and 7. The remainder are acceptance. Priority issue. You know the ramifications of an that are being ignored. the Special Permit and the VIM.report. 6. The Developer thinks he can pay $5,100 and make all the problems resulting from deforestation and overcutting go away. There are people who cannot walk in their back $100 for each house does not buy 1 tree or shrub. This is a joke. yards because they are saturated. 7. The safety of those who use our roads was taxed this �� along Foxwood caused by the outflow from the slopes. morning when the light snow covered the frozen good effort to p The Highway department are malting a g keep these areas melted; however, the road is freezing- over downhill of the seepage areas. The sidewalk is frozen -over along these areas as well: People are forced to walk in the roadway with automobiles driving blindly around switchbacks both above and below the frozen areas. This must be corrected; even during the winter season. We did not delay this work this summer. 8. Tough talk by the Town regarding the removal of the wall built over the culvert at the entrance is another joke. If the Town's inspector was doing his job during construction the Developer would have been required to build the wall at an acceptable location. These walls are part of the deal the residents bought. They were part of the marketing material and definitely a positive sales point. It was for me: The relocation of this wall should be added to the Developer's list if the Town is so bothered. Don't make the Residents suffer for the Town's mistake. I recognize that the Town is trying to get the Developer to get something done; however, we shouldn't overlook any of the important issues. Has the Developer priced the resolution of the partial list of items referenced above or is its strategy to blow smoke until we the Residents get fed up and give up? We were very subdued when responding to questions by the Tribune reporter and the article she wrote was complimentary toward the Town. We don't want to make a big deal in the newspapers, we just want some action on the important issues. I guess, I'm getting frustrated: In my role as a foundation constructor, my feet are always held to the fir R complete; especially by NGID and MW-,�What is the difference with our situation. e until my work is Thanks for listening to me; I don't know if the venting helped. 17!_ 0(J) _ _i'�)�) Memo To: Mary Ippilitto From: Kathy O'Neill Date: January 4, 2001 Re: Agenda item for next weeks meeting a PIP Mark Rees asked me to send you this information to be included on your agenda for the next meeting. This came about from a phone call from Walter Soule. Any questions, please call Mark Rees at 688-9513. Thank you. 0 Page 1 THOMAS J. URBELIS E-MAIL: tju@ufb.com URBELIS, FIELDSTEEL & BAILIN, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 December 29, 2000 Mark B. Johnson, Esq. 12 Chestnut Street Andover, MA 0 18 10-3 706 RE: FO\wOOD SUBDIVISION Dear Mark: Could you please let me know the anticipated date for receipt of the drainage analysis by your professional engineer. Also, enclosed please find copies of. 1. Memorandum dated December 20, 2000 from Alison M. Lescarbeau; and 2. Memorandum dated December 20, 2000 from Ed Cardoza, a resident of Foxwood Subdivision. I would appreciate your response to the foregoing memoranda. Very truly yours, r Thomas J. belis Enclosures TJU11ah cc: Mark Rees -1- . 1-11 ;. ....ck,VC.in%W,,.,, 1'du11w; 9, .11.1 '1- Andover Office Telephone 978-475-4552 X d Town of North Andover Office of the Planning Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director MEMORANDUM TO: - Marr H. Rees, Town Manager FROM: Alison M. Lescarbeau, Chair, Planning Board RE: Foxwood Action Plan DATE: December 20, 2000 Telephone (973) 683-9535 Fax(973)1683-9542 This memorandum is written in response to request for information relative to the- Foxwood Action Plan. We have reviewed the correspondence from Mark Johnson, counsel for the Foxwood developer, and have the following comments: 1. In response to item #2, Directors Item 14 & 22, the Planning Board believes a stop sign should be placed on Weyland Circle. 2. In response to item #3, Directors item #3 the Planning Board wishes for the $5100.00 to be set up as a 593 Control Account with the Planning Board, who will disburse the funds to the homeowners (through the Treasurer) as requested. After one year of the opening of the account, any remaining monies will be released to the Town and transferred to the DPW to be utilized for the planting of street trees per their direction. The Planning Board would also hlce to point out that they sent letters to the owners of homes who have catch basins located in their driveways. The owners were given 14 days to respond to the Town Planner with any concerns they may have had and none of the owners responded. Other than the above, the actions proposed seem acceptable and in line with all previous discussions and or meetings we have had. i . \2 i)t=.Pnr .V.S C.;L' -)' D(�;i o;.,• 1` f (1�SER`r 6XS ; 30 i1;4.'d.Fii n:t;- 441i Page Mark Rees From: Ed.Cardoza fecardoza@mediaone.netj Sent: Wednesday, December 20, 2000 3:34 PM To: Mark Rees Subject: Foxwood Prioritized. Task List Dear Marie, I reviewed copies of the November 29, 2000 letters by Mark Johnson and Tom Urbelis regarding the subject list of tasks to be completed, and I thought it might be helpful to you if I made a few points that you could raise with Evergreen during any upcoming discussions. of 1. Of the 12 items listed, 5 are high priority, including: no- . brainers" that make this effort look good. 2. Item 10, the pump station, has been resolved by Town 3. There is no mention of the sprinkler issue - this is the top injury or fatality should sprinklers fail. 4. There are engineering issues raised in .the VHB report 5. The proper list of items to be completed are included in numbers 1, 2, 3, 4 and 7. The remainder are acceptance. Priority issue. You know the ramifications of an that are being ignored. the Special Permit and the VHB.report. 6. The Developer thinks he can pay $5,100 and make all the problems resulting from deforestation and overcutting go away. There are people who cannot walk in their back $100 for each house does not buy 1 tree or shrub. This is a joke. yards because they are saturated 7. The safety of those who use our roads was taxed this areasmorning when the light snow covered the frozen along Foxwood caused by the outflow from the slopes. The Highway department are making a good effort to keep these areas melted; however, the road is freezing- areas. The sidewalk is over downhill of the seeage frozen -over along these areas as well: People are forced to walls in the p roadway with automobiles driving blindly around switchbacks both above and below the frozen areas. This must be corrected; even during the winter season. We did not delay this work this summer. 8. Tough talk by the Town regarding the removal of the wall built over the culvert at the entrance is another joke. If the Town's inspector was doing his job during construction required to build the wallthe Developer would have been bought. They were part of the at an acceptable p location. These walls are art of the deal the residents marketing material and definitely a positive sales point. It was for me. The relocation of this wall should be added to the Developer's list if the Town is so bothered. Don't make the Residents suffer for the Town's mistake. I recognize that the Town is trying to get the Developer to get something done; however, we shouldn't overlook any of the important issues. Has the Developer priced the resolution of the partial list of items referenced above or is its strategy to blow smoke until we the Residents get fed up and give up? We were very subdued when responding to questions by the Tribune reporter and the article she wrote was complimentary toward the Town. We don't want to make a big deal in the newspapers, we just want some action on the important issues. I guess, I'm getting frustrated. 1n my role as a foundation constructor, my feet are always held to the fire until my work is complete; especially by MI -ID and MWRA What is the difference with our situation. Thanks for listening to me; I don't know if the venting helped. /00 Page 2 of � Regards, 0�' Ed Cardoza R � �.F s t.� ,Y Board of Selectmen Minutes August 21, 2000 Page 4 �L Out Country Fire Station -Update. Chief Dolan updated the Board about Article 23. John Leeman asked if that was the article that we set up the sub -committee. The Chief said Article 23 addresses Town owned property, and the staff doing investigations. There were 19 locations provided by the Town, most of them were wetlands, of those it is narrowed down to 3 sites, one being Town Farm and two other pieces of land. Mr. Leeman read a memorandum dated May 31, 2000, stating the Board of Selectmen is accepting applications for participation on a Task Force to study a proposed Out -Country Fire Station. The Task Force will research, investigate, and report on all possible town -owned locations in the "out -country" area of North Andover and recommend which, if any, of these locations would serve as viable and feasible locations for a proposed out -country fire station. Any citizen interested in serving should contact the Town Manger's Office or send a letter of interest to 120 Main Street, North Andover, MA. One of the problems the past Town Manager, Robert Halpin would convene the first meeting with all committee members and from there on people met on a regular basis. Some of the confusion for this committee never gearing up was people waited for the acting Town Manager Terri Ackerman to convene the first meeting. Foxwood''Subd&JJ ion` = The last time Bill Scott, Director of Community Development went before i; the Board regarding Foxwood Subdivision, the developer was looking for street acceptance. At that point it was clear the subdivision was not completed, so the street acceptance was not accepted and John Leeman requested an independent review be done. The Planning Board voted to conduct an independent review pulled about 6,000 in Bond money from the developer VHB rconducted the review. There have been subsequent meetings to focus on primary issues. The ':`intent was the Planning Board was going to work with the DPW and the developer to then come back and bring a modification of the subdivision back to the Planning Board to provide a fix for ithe issues or a waiver and place in front of Planning Board under an official jurisdiction under ff,modification of subdivision plan. In talking to Heidi Griffin, Town Planner, that the Planning Board is intending on bringing this up and there approach would be to capture the remaining bond funds. There is a Planning Board Meeting on the 5`h of September and a Conservation Commission meeting on September 6, 2000. To discuss the conservation issues there are outstanding issues with an enforcement order that are related to the non performance of a detention basin and also of the drainage system to the extent that excessive siltation occurs. Currently, there is a case before the zoning board of appeals by 14 of the residents, that basically is a party agreed filing stating that the building commissioner needs to enforce the zoning by-law and enforce the issues in the VHB report. The zoning board has asked the applicants to come back with case law that indicates the building commissioners power to enforce some of the things that may be construed as subdivision control or items that are not particularly the building commissioners venue. That is still pending. One of the primary issues is the weeping of one of the side slopes which is the open space side slope which causes icing in the winter. Drainage issues as pointed out by -the homeowners, that is related to the pitch of the roadway and the need for additional basins. A lot of discussion at the March 7`h meeting and a list was created. The developer has the ability to come back and we want him to draw, new plans and modify the plan, go in front of the board, have a hearing and under finish engineering due diligence to explain what he's going to do to solve the problems. Bill Scott said there is about 60,000 of bond money left to fix these problems. Attorney James Senor of North Reading, MA, addressed the Board of Selectmen and stated that he represents the property owners of 14 of the homes in the subdivision of 49 homes. Attorney Senor said a special permit authorized this subdivision. A special permit allowed a higher density of development, the Planning Board was the special permit granting authority. That is the document they have before the board of appeals currently because it was issued under zoning. If you read the special permit it says there should be no certificate of occupancy issued for any house in the "^ Vim• -s Board of Selectmen Minutes August 21, 2000 �i- t`'�-A U Page 5 subdivision until such time as all the requirements of the subdivision approval have been met plus the requirements of the special permit itself. Certificates of occupancy were issued and requirements were not met. There were 3 major areas of deficiency contained in the procedure so far. 1. Extensive waivers were granted. Your dead end street by-law, zoning by-laws says you shouldn't have a street more than 600 feet long. The reason for that is access of fire vehicles, safety of the residents. This one is 3 % times that, it is 2100 feet long. 2. There is not supposed to be a slope more than 6%, there are some at 9%, curve radius requirements, not too tight of a curve because of fire equipment, general safety, those were granted as waivers. The Board of Selectmen is named in your zoning by-law as being a potential board to enforce the zoning by- law. All the above mixed with coupled with improper grading, improper drainage, the road flood during the winter with ice 6 inches deep emphasizes why the sprinkler system must have been, should have been, had to be properly installed and wasn't. That is partly the fault of the developer and also the responsibility of the Town because it was never caught. The School Department Bus Company will not go up the road. The School Department has taken the position they will not send buses up the road. That is an inconvenience but symptomatic of the safety hazard. We wanted this brought in front of this Board because in January of 2000 the Vanasse Hangen report and nothing has been done. We're now before the Board of Appeals, We .have asked the Board of Appeals overturn the Building Inspector refusal to take enforcement action of the special permit. The residents are here tonight asking that this Board assist in any way to try to enforce the terms and conditions of the special permit. The developer built the houses Wrong, the planning board enforced it wrong, the planning board granted wrong, that didn't create ,,.'a violation, that created safety hazards. Certificates of Occupancy were issued and the residents ''bought the homes. On top of all this, one of the specific provisions of the special permit was you've got to have sprinkler systems in accordance with the requirements of the Fire Chief. That was absolutely imperative because with all the waivers that were granted, length of road, grade of road, curves of roads plus the icing, it was going to be a dangerous situation. They knew it when they granted the special permit because they required the sprinkler systems, they were not put in properly and not inspected properly. These residents don't have the fallback security of a properly working sprinkler system. Attorney Senor also stated that Mr. Urbelis has questioned whether the Board of Appeals has the authority to instruct the Building Inspector, to enforce under the Special Permit. He says that because we tend to get confused between subdivision control law and Special Permit, because we have the same Board granting both. One is under Chapter 41, which the Building Inspector doesn't have any authority over. The other is under Chapter 48, which is Zoning, which the Building Inspector clearly does have authority over, and the Board of Appeals has authority over him. The only one in town government who can review a decision of a building inspector is the Board of Appeals. If something isn't done someone is going to get hurt. It is a dangerous situation. Attorney Senor suggests that the Town has the authority to bring criminal matters against the developer, for failure to conform to the Zoning By-laws. The residents are here in a plead to the Board, to instruct Town Counsel, to use every means in his disposal, to enforce under the special permit, to finish with Board of Appeals first and hopefully they will agree there are zoning violations, then it will be enforcement time. We're asking this Board to represent the citizens that you do represent, even at the cost of extending town money to either get the problem fixed by the developer, or sue the individuals to make them fix it, or have the town fix it because we have a disastrous situation. John Leeman made a MOTION, seconded by Keith Mitchell, to send a letter to both Boards (Planning Board and Conservation Commission) asking if they will put specific time lines at the end of September to obtain information from the developer on how he plans on fixing the problems mentioned in the report. 2. We send this entire fiasco off to our insurance company for their disposition, we gather the insurance certificates from the contractor, the engineers, the developer and his sub contractors, to send the same information off to their insurance companies, vote approved 5 — 0. Board Of Minutes. t , E ` August 21, 2000 t� 4 Page 6 4 The Booster pump is providing inadequate water pressure at the hydrants in the subdivision; another violation. William Hmurciak, director of Department of Public Works, was satisfied with reports he had, based on the information he gathered in regards to water pressure. The system is constructed based on the way' was rt designed. John Leeman asked if an engineer designed the pumping station and water system. Whoever it is, John Leeman wants them also put on notice, if there is a problem, get everyone to the table and deal with the issues. Edmund' Cardoza , 7 Weyland Circle had concerns because there are a number of second and third owners in the neighborhood. They have no recourse against the builder and are relying on the Town to re -certify those occupancy permits. John Leeman asked William Scott, Director of Community Affairs to copy the Board and Attorney Senor following the Planning Board meeting on September 5, 2000 and the Conservation Commission meeting on September 6, 2000. It was reported the developer still had not paid his infiltration fee. Also, a fine from the "aConservation Commission of about $310,000. Is still outstanding. Bonding funds are usually vailable to cover this. The Town is looking to collect these fees from Evergreen Management. Paul Cully of Weyland Circle, reported that the mothers come down the bottom of the hill and ,Park their cars, the Town put up "Dangerous Intersection" signs both going East and West on Salem Street. He is concerned with snow piling up, parked cars in a dangerous intersection, I aiting for a bus to pull up and let children out. He thinks the town should buy a four-wheel van too get the children up the hill. He also feels the sidewalks should be plowed by the Town. Report of Community Development Home Building Permit Issuance William Duffy suggested that James Xenakis, Chairman meet with the sub -Committee of John Leeman, William Duffy, William Scott, John Marin, John Zahoruiko , Rick Nardella and Scott Lodde and send the committee a copy of Bill Scott's spreadsheet with permit information. John Leeman also stated that he asked for information about house values, population and numbers. William Duffy suggested the committee meet on September 12, 2000. William Scott stated there was confusion over 4.2 and he would like to clarify this is by anniversary date and this is the signature of the mylars as the anniversary. The Growth By Law 8.7 is by fiscal year. The anniversary dates create two sets of milestones. William Duffy said it would be helpful if William Scott could put that in a memo to try to keep the two straight. NEW BUSINESS: Telecommunications: Prelimina Discussion. Walter Soule addressed the Board this evening regarding the Telecommunications Act of 1996 was a Federal law, it has an effect on all of us because of all the antenna's you see around town. Two things that the law prevents us from doing, to refuse allowing them on the basis of the radiation exposure and you can't keep them out, you have to have them somewhere. Mr. Soule would like to see the antennas and allow them under some Master Plan. He would like to see them zoned. Telecommunication Law outlines the limits and a zoning by-law that limits the construction of and the placement is allowed, not quite sure you can limit to certain geographical areas in the community. Mr. Soule recommends the Town put some emphasis on this, on the basis we could help fund our infrastructure, other towns are doing this. Neighboring towns are picking up approximately a half a million dollars a year. Mr. Soule would like the new Town Manager i " t Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES VULIAM J. SCOTT Director (978) 688-9531 July 7, 2000 William Sullivan Chair Zorn ing Board of Appeals 3"own of North Andover Zoning Office 27 Charles Street North Andover, MA. 01845 Dear Mr. Sullivan: 27 Charles Street North Andover, Massachusetts 01845 . JU l C Fax(978)688-9542 This letter is in response to the issues discussed at the zoning board meeting held on June 20th. My letter of June 16th outlined a response to the application for appeal. Understanding that the issues outlined by the applicants are extensive and complex I feel my prior response addressed those issues in detail. Rather than address each of those in detail again it would be more appropriate to address the issues in a straightforward manner. Primarily the issue is one of jurisdiction. The applicants are claiming that the Building Commissioner jurisdiction extends into areas such as subdivision, conservation, and public works, among other issues. In response to the application and the presentations made at the prior meeting I offer the following: 1. Subdivision Control Laws: The Building Commissioner does not have jurisdiction over the subdivision control law and regulations. 2. Conservation Jurisdiction: The Building Commissioner does not have jurisdiction over Conservation Commission issues. 3. Sprinklers: The Special Permit considers compliance as: " All structures shall contain residential fire sprinkler systems the design of which will be approved by the Fire Department. ". Proof of compliance is the sign -off for the permit. The Fire Department signed -off on the fire systems five years ago. 4. Appellant Application: The Zoning Board must base their actions on the written application. The attached letter of June 16th provides a response to each of the issues of the application with reasons why the appeal is not valid. The lengthy verbal presentation by the appellants and associates involved are issues that are not within the Building Commissioners jurisdiction. The verbal presentations did not effectively demonstrate that the issues are within the Building Commissioners jurisdiction or requiring enforcement. 5. Appeal Remedy: The applicant's request for enforcement is broad, not specific in its enforcement actions requested, and applies to issues outside the jurisdiction of the Building Commissioner. The applicant has created a punchlist ofissues and is asking the Zoning Board to determine relevance and the remedy. The obligation to identify the applicable issues and request a specific remedy rests with the applicant. The fact that the applicant has brought into the issues the jurisdiction of the Conservation Commission is a clear indication that they do not understand the jurisdiction of the Building Commissioner. 6. Planning Board Actions: The action or lack of action by the Planning Board should not be a consideration as to whether the Building Commissioner acts. Regardless, the Planning Board has been progressing in this matter. In fact the Planning Board created the report to which the appellants refer to extensively. There was a two-month hiatus from the issue due to the activity associated with Town Meeting. Issues such as Bond amounts, remaining roadwork etc. are not issues for the Building Commissioner or the Zoning Board. 7. Enforcement: The Building Commissioner has conducted an enforcement action on the issue of the environmental monitor. This action became moot when the Planning Board acted to take the developers bond and conduct the VHB analysis that addressed the monitor reports. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 William Sullivan — Foxwood responses — July 7, 2000 page 2 of 2 In short the appeal is based on issues that are outside my jurisdiction. The effect of the Zoning Board acting on, these issues would create a precedent whereby the Zoning Board would have power to overturn decisions of the Planning Board. This could work in two ways, appeals by homeowners, and appeals by subdivision applicants. Imagine that a homeowner appears before the Zoning Board because a curb installed five years earlier has been elevated due to a frost heave. The remedy is between the Planning Board and DPW if the street is not accepted, not the Building Commissioner and Zoning Board. The remedy is not an appeal under an assumption that it is a violation of zoning. Imagine a developer appearing before the Zoning Board to challenge a condition in their Planning Board decision because they think it applies to zoning. These are circumstances that would negate the entire review system and offer endless review and re -review to any party to a Planning Board decision. I would request that the Zoning Board act within their jurisdiction and turn down the appeal. Thank you for your consideration. Sincerely, D. Robert Nicetta, Building Commissioner Cce Zoning Board of Appeals William J. Scott, Director r WILLIAM J. SCOTT Director June 16, 2000 Town of North AndoveroTly OFFICE OF 32 y°� ° ` °°c COMMUNITY DEVELOPMENT AND SERVICES ° F p 30 School Street ` 1 1 _ °" • North Andover, Massachusetts 01845 n /'/ �qs�^,TfO �P��c� I U'- 4 SACHUS Mr. William Sullivan Chairman, Zoning Board of Appeals Town of North Andover 120 Main Street North Andover, MA 01845 Dear Mr. Sullivan: Regarding the Party Aggrieved application by Attorney James Senior I have the following information: 1. The application form does not state which action is being appealed other than a reference to several documents. Reference should be made to a specific letter and action in the application form itself. I have issued several letters regarding this matter. 2. The application references in item 6 " ... per attached letter". Again it would be appropriate for the record to cite the date and author of the letter 3. The application references a list of the party aggrieved and a list of owners of the properties. It appears that the application is a request for enforcement for every home in the subdivision and not just for the homes of those who are the applicants. Those listed, as current homeowners, would be responsible for any current code violations. 4. Statement of Reasons: The following numbered items are from the Statement of Reasons presented by the applicant. 1. The special permit does not require plumbing, framing, or as -built plans (for interior work). 2. As per item 13 a of the special permit; `All structures shall contain residential f re sprinkler systems the design of which will be approved by the Fire Department. " The applicant should contact the Fire Department to determine compliance with this item of the special permit. If the systems were approved by the Fire Department we assume compliance with this item. To our knowledge all permits were signed off by the Fire Department. No reference to NFPA is made in the special permit. 3. The building department does not have control over fire department files. The lack of files is not a violation of the special permit. 4. NFPA standards are not referenced in the special permit decision. The only reference to sprinklers in the decision is as referenced from item 2 above. 5. The recall of a part, component or other item is not a violation of a special permit. It is an obligation of the installer, homeowner, and manufacturer to resolve the matter. 6. Regarding the letter of the Fire Chief of May 27, 1999 we do not have a copy of the letter. The Certificate of Occupancy was signed on many of the homes certifying compliance with item 2 above. Response to the items in as stated in the Statement of Reasons follows: a. See item " 7.a" below. b. The definition of "should" in NFPA section 13D 1-3 "indicates a recommendation or that which is advised but not required". Reference should be 13D A-1-5.1 " At least three sprinklers of each type .....should be kept on the p _ ises." Should does not mean shall. c. Elaborate? d. Section 13D A-1-2: Levels of Protection: It permits sprinklers to be omitted in certain areas these areas are the ones where the incidence of life loss from fires in dwellings is low." Pursuant to table A -1-2.a these areas of low loss of life include; BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 storage areas, heating equipment rooms, structural areas. I equate these areas with basements and garages. e. Elaborate, what homes? f. Omega is an issue of a recall, see item five above. g. Elaborate? What homes? Obstructed by whom and what? h. Who painted them. How can we know that the prior owner painted over the heads and not the contractor? When were they painted? i. See item g above. j. See items b above and item d. Regarding the letter from Engineer Rodrique, again we do not have a copy of the letter. Further, regarding the items I respond as follows: a. Gauges are used in dry systems and those with pressure tanks. The Foxwood system is neither. They are connected to a "reliable waterworks system" (13D section 2-2a, section 3-2). b. c. Which home did he find the violations or is this a restatement of the code? d. This states that they "shall be permitted". This means that we can allow them to be positioned without the benefit of actual ceiling or other finished drawings. This does not say they must be required. This allows the contractor the ability to place the heads in the absence of specific finished ceiling information. Again the phase "shall be permitted" does not mean shall be installed. e. The letter and list should be attached to the application to clarify non-compliance. I do not have this letter. Nor is the letter, which forms evidence for the application, attached to the application. Items 8 through and including 34 reference the subdivision regulations. The application for a party aggrieved is from the special permit and therefore these items are not applicable. I have no jurisdiction over the subdivision control laws and subdivision regulations. Item c page 9 of 12. See above response and add that I do not have jurisdiction over conservation issues. Items on page 10 of 12 appears to be the result of a report by VHB. This section of the report seems to based on hearsay as cited from this. section: " ....its appears that the Fire Chief has contacted the installer...". Words such as appears, intended, compelling, apparently, are not ones from which I pursue enforcement. Items 1 through 5 on page 11. 1. See above explanations. 2. I do not have the jurisdiction -to -enforce a -covenant. 3. See above. 4. The NFPA is not a condition of the special permit see above. 5. The application for the party aggrieved is for the special permit. Building code violations are appealed to the State. • The copy of the request for enforcement is not attached to the petition. Items 1 through 5 pages 11 and 12. 1. The VHB report addresses issues from the subdivision and other Planning Board related issues. The VHB report is three 3 inch binder volumes. Pursuant to the letter from the Chair of the Planning Board they are working with the developer to resolve the issues. The Planning Board mandated the report. They are not done with the completion of the special permit, hence a judgment of compliance is not relevant at this time. 2. Issues of the subdivision control are not within my jurisdiction. 3. a and b. The Planning Board Modifications and actions are not within my jurisdiction. 4. Again the Planning Board issued the VHB report. It is my understanding they did so after taking bond money from the developer. The application seems to be using the evidence of the 0 Planning Board's due diligence as a defense and then stating they are doing nothing. The VHB report was conducted within 6 months of the applicant's letter, on January 26d'2000. Six months will be July 216. The reference to the Planning Board's lack of action within 6 months is an inaccurate statement by the applicant. Further, the Planning Board held meetings on this matter subsequent to the report issuance, again within 6 months. 5. The letters indicate a progress on the project initiated by the Planning Board. In conclusion I offer the following: 1. Much of the evidence that the Planning Board is not acting, the VHB report, results from the Planning Board actions within the past six months. I understand that the Planning Board is often overwhelmed with work during the months of March to May with items such as; the Town Meeting and a heavy development application period. I do not assume that work other than Town Meeting and development review gets accomplished. 2. The precedent of using the Zoning Board and my office as a means to question Planning Board actions on subdivisions matters is inappropriate and without proper jurisdiction. Much of the issues identified . in these reports and other documentation relate to a jurisdiction under which I have no control, the subdivision regulations. 3. The Special Permit identifies the standard to meet for the sprinklers as: All structures shall contain residential fire sprinkler systems the design of which will be approved by the Fire Department. " Too my knowledge that standard is met when the Fire Department signs off on the building card and occupancy permit. The compliance with the special permit is closed, for the purposes of the special permit, when the Fire Department approved the sprinklers systems. 4. The Omega systems are not the responsibility of the building department. 5. The application references several letters of which we have not received copies. These letters are a review of the sprinklers systems five years after the occupancy permits were issued. The assignment i of the probletn to the developer five years after is not possible. If code violations exist the determination that it was the developers actions in some cases could not be accomplished with certainty. How can we determine that painted sprinkler heads were not the result of actions of one or more prior owners? 6. Again the NFPA is not referenced in the special permit. The interpretation by others assumes that all items of NFPA are instructive or with the word "shall". Issue such as gauges, spare sprinkler heads, sprinklers in garages and basements, are issues that have been interpreted as "shall" require. I have provided evidence that these issues should be interpreted as recommendations not instructions. Single family homes do not require sprinklers under NFPA or the building code. The only requirement for sprinklers is stated in the special permit (see item 3 above) without reference to NFPA. I hope this provides sufficient evidence that the application for party aggrieved is without basis under my jurisdiction and that enforcement is premature. Sincerely, D. Robert Nicetta Building Commissioner Cc: Acting Town Manager, Terri Ackerman Town Counsel, Thomas J. Urbelis Fire Chief, William V. Dolan Zoning Board of Appeals Planning Board 13D4 INSTALLATION OF SPRINKLER SYSTEMS IN ONE -,AND TWO-FAMILY DWELLINGS AND MOBILE HOMES that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner. NOTE: The means for identifying listed equipment may vary for each organization concerned with product evalua- tion, some of which do not recognize equipment as listed unless it is also labeled. The "authority having jurisdiction" should utilize the system employed by the listing organiza- tion to identify a listed product. Mobile Home. A factory -assembled structure equipped with service connections and made so as to be readily movable as a unit on its running gear and designed to be used as a dwelling unit with or without a foundation. Multipurpose Piping Systems. Piping systems within dwellings and mobile homes intended to serve both domes- tic and fire protection needs. Preengineered System. A packaged sprinkler system including all components connected to the water supply designed to be installed according to pretested limitations. Pump. A mechanical device that transfers and/or raises the pressure of a fluid (water). Residential Sprinkler. An automatic sprinkler that has been specifically listed for use in residential occupancies. Shall. Indicates a mandatory requirement. S ould. Indicates a recommendation or that which is advice s_e but not required. Sprinkler -Automatic. A fire suppression device that operates automatically when its heat -actuated element is heated to its thermal rating or above allowing water to dis- charge over a specific area. Sprinkler System. An integrated system of piping con- nected to a water supply, with listed sprinklers that will automatically initiate water discharge over a fire area. When required, the sprinkler system also includes a con- trol valve and a device for actuating; an alarm when the system operates. 3t da A document containing -only- mandatory provisions. using the :word "shall" to'indicate requirements. Explanatory material may included only in the form of fi[i `print"'ttilf s;'in'footnotes; rortiir�an AppreYidi7t""" Supply Pressure. Pressure within the supply (i.e., city or private supply water source). System Pressure. Pressure within the system (i.e., above the control valve). Waterflow Alarm. A sounding device activated by a waterflow detector or alarm check valve and arranged to sound an alarm that will be audible in all living areas over background noise levels with all intervening doors closed. Waterflow Detector. An electric signaling indicator or alarm check valve actuated by water flow in one direction only. 1991 Edition Wet System. A system employing automatic sprinklers attached to a piping system containing water and con- nected to a water supply so that water discharges immedi- ately from sprinklers opened by a fire. I-4' Maintenance— The owner is responsible for the con- dition of a sprinkler system and shall keep the system in normal operating condition. 1-5 Devices, Materials, Design, and Installation. 1-5.1.' Only new residential sprinklers shall be employed in the installation of sprinkler systems. 1-5.2 Only listed and approved devices and approved materials shall be used in sprinkler systems. Exception:- Listing may be waived for tanks, pumps, hangers, waterflow detection devices, and waterflow valves. 1-5.3 Preengineered systems shall be installed within the limitations that have been established by the testing labora- tories where listed. 1-5s4' All systems shall be tested for leakage at normal system operating water pressure. Exce tion: When a fire department pumper connection is pro- f • ydrostatic pressure tests shall be provided in accordance with . NFPA 13, Standard for the Installation of Sprinkler Systems. 1-6 Units. Metric units of measurement in this standard are in accordance with the modernized metric system known as the International System of Units (SI). Two units (liter and bar), outside of but recognized by SI, are com- monly used in international fire protection. These units are listed in Table 1-6 with conversion factors. Table 1-6 Name of Unit Unit Symbol Conversion Factor liter L 1 gal = 3.785 L pascal Pa I psi = 6894.757 Pa bar bar 1 psi = 0.0689 bar bar bar I bar = 105 Pa For additional conversions and information see ASTM E380, Standard for Metric Practice. 1-6.1 If a value for measurement as given in this stan- dard is followed by an equivalent value in other units, the first stated shall be regarded as the requirement. A given equivalent value may be approximate. 1-6.2 The conversion procedure for the SI units has been to multiply the quantity by the conversion factor and then round the result to the appropriate number of significant digits. WATER SUPPLY/SYSTEM COMPONENTS 13D-7 Chapter 2 Water Supply 3-1.2 Each sprinkler system shall have a 1/2 in. (13 mm) or larger drain and test connection with valve on the system 2-1 General Provisions. Every automatic sprinkler sys- side of the control valve. tem shall have at least one automatic water supply. When stored water is used as the sole source of supply, the min- .3-1.3 Additional drains shall be installed for each imum quantity shall equal the water demand rate times 10 trapped portion of a dry system that is subject to freezing minutes. (See 4-1.3.) temperatures. 2-2* Water Supply Sources. The following water supply sources are acceptable: (a) A connection to a reliable water works system. (b) An elevated tank. (c) A pressure tank designed to ASME standards for a pressure vessel with a reliable pressure source. (d) A stored water source with an automatically oper- ated pump. 2-3* Multipurpose Piping System. A piping system serving both sprinkler and domestic needs shall be accept- able when: (a)* In common water supply connections serving more than one dwelling unit, 5 gpm (19 L/min) is added to the sprinkler system demand to determine the size of common piping and the size of the total water supply requirements. (b) Smoke detectors are provided in accordance with NFPA 74, Standard for the Installation, Maintenance, and Use of Household Fire Warning Equipment. (c) All piping in the system conforms to the piping spec- ifications of this standard. (d) Permitted by the local plumbing or health authority 2-4 Mobile Home Water Supply. A water supply for a sprinklered dwelling manufactured off-site shall not be less than that specified on the manufacturer's nameplate. [See 4-4.3(k) Exception.] Chapter 3 System Components 3-1 Valves and Drains. 3-1.1 Each system shall have a single control valve arranged to shut off both the domestic and sprinkler sys- tems and a separate shutoff valve for the domestic system only. Exception No. 1: The sprinkler system piping may have a sepa- rate control valve where supervised by one of the following methods: (a) Central station, proprietary, or remote station alarm service, (b) Local alarm service that will cause the sounding of an audible signal at a constantly attended point, or (c) Locking the valves open. Exception No. 2: A separate shutoff valve is not required for the domestic water supply in multipurpose piping systems. 3-2 Pressure Gauges. A pressure gauge shall be installed to indicate air pressure on dry systems and on water sup- ply pressure tanks. 3-3 Piping. 3-3.1 Pipe or tube used in sprinkler systems shall be of the materials in Table 3-3.1 or in accordance with 3-3.2 .through 3-3.5. The chemical properties, physical proper- ties, and dimensions of the materials listed in Table 3-3.1 shall be at least equivalent to the standards cited in the table and designed to withstand a working pressure of not less than 175 psi (12.1 bars). Table 3-3.1 Materials and Dimensions Standard Specification for Welded and Seamless Steel Pipe ASTM A53 Wrought -Steel Pipe ANSI 1336.10Mi. Specifications for Electric -Resistance Welded Steel Pipe ASTM A135 Copper Tube (Drawn, Seamless) Specifi- cation for Seamless Copper Tube ASTM B75 Specification for Seamless Copper Water Tube ASTM B88 Specification for General Requirements for Wrought Seamless Copper and Copper -Alloy Tube ASTM B251 Braxing Filler Metal (Classification BCuP-3 or BCuP-4) AWS A5.8 Specification for Solder Metal, 95-5 (Tin -Antimony -Grade 95TH) ASTM B32 3-3.2 Other types of pipe or tube shall be permitted to be used, but only those investigated and listed for this service by a testing and inspection agency laboratory. Listed pip- ing materials, including but not limited to chlorinated polyvinyl chloride (CPVC), polybutylene, and steel differ- ing from that provided in Table 3-3.1, shall be installed in accordance with their listing and the manufacturers' instal- lation instructions. 3-3.3 Whenever the word pipe is used in this standard, it shall be understood to also mean tube. 3-3.4 Schedule 10 steel pipe may be joined with mechan- ical groove couplings approved for service with grooves rolled on the pipe by an approved groove rolling machine. 3-3.5 Fittings used in sprinkler systems shall be of the materials listed in Table 3-3.5 or in accordance with 3-3.7. The chemical properties, physical properties, and dimen- sions of the materials listed in Table 3-3.5 shall be at least 1991 Edition APPENDIX A ASTM„A53-1990, Standard Specification for Pipe, Steel, Black, and Hot -Dipped, Zinc -Coated Welded and Seamless Steel Pipe ASTM A135-1989, Standard Specification for Electric- Resistance- Welded lectricResistance-Welded Steel Pipe ASTM A234-1990, Standard Specification for Piping Fit- tings of Wrought Carbon Steel and Alloy Steel for Moderate and Elevated Temperatures ASTM A795-1990, Specification for Black and Hot -Dipped Zinc -Coated Welded and Seamless Steel Pipe for Fire Protection Use ASTM B32-1989, Standard Specification for Solder Metal, 95-5 (Tin -Antimony -Grade 95TA) ASTM B75-1986, Standard Specification for Seamless Cop- per Tube ASTM B88-1989, Standard Specification for Seamless Cop- per Water Tube ASTM B251-1988, Standard Specification for General Requirements for Wrought Seamless Copper and Copper -Alloy Tube ASTM E380-1989, Standard for Metric Practice 5-1.2.3 AWS Publication. American Welding Society, 550 NW Lejeune Road, Miami, FL 33135. AWS A5.8-1989, Specification for Brazing Filler Metal Appendix A This Appendix is not a part of the requirements of this NFPA docu- ment, but is included for information purposes only. A-1-1 NFPA 13D is appropriate for the;protecttioq ainst fire haza onl i�one_ - Ingsan mo t eomes. Rest etions of any other build- ing may a protected withntial sprinklers in accor- dance with 4-3.6 of NFPA 13, Standard for the Installation of Sprinkler Systems. Other portions of such buildings should be protected in accordance with NFPA 13. The criteria in this standard are based on full-scale fire tests o roo typical furnishings r s - i entia living rooms, kitchens and_ edrnnmc The fur- nishings were arranged as typically found in dwelling units in a manner similar to that shown in Figures A -1-1(a), (b), and (c) on the following page. Sixty full-scale fire tests were conducted in a two-story dwelling in Los Angeles, Califor- nia, and 16 tests were conducted in a 14 -ft (4.3-m) wide mobile home in Charlotte, North Carolina. Sprinkler sys- tems designed and installed according to this standard are expected to prevent flashover within the compartment of origin if sprinklers are installed in the compartment. A sprinkler system designed and installed according to this standard cannot, however, be completely expected to con- trol a fire involving unusually higher average fuel loads than typical for dwelling units [10 lb/sq ft (49 kg/m2)] and 13D-13 where the interior finish has an unusually high flame spread rating (greater than 225). For protection of multifamily dwellings, refer to NFPA 13, Standard for the Installation of Sprinkler Systems, or NFPA 13R, Standard for the Installation of Sprinkler Systems in Resi- dential Occupancies up to and Including Four Stories in Height. A-1-2: Levels of Prot tion. Various levels of firesafety are avaiTaS e to dwZeAling occupants to provide ife safety an ro erty rotection. his st ' dard recommends bu does not require rin- klerin oLall areas n awe ri in ; tt, permits s nklers t be omttte in certain areas.rr ar s are t e ones by NFPA statistics [see Table _A_-1-2 a l to be the ones where the incidence of life loss from fires in dwe]Fn s is low, Suc an approac produces a reasona a egree of firesafety. Greater protection to both life and property will be achieved by sprinklering all areas. Guidance for installation of smoke detectors and fire detection systems may be found in NFPA 74, Standard for the Installation, Maintenance, and Use of Household Fire Warn- ing Equipment. A-1-3 Control Valve. System control valves should be of the indicating type, such as plug valves, ball valves, butter- fly valves, or O. S. & Y. gate valves. A -1 -4"1 -The responsibility for properly maintainine is sprinkler syaemis t -fie oTil'igatton of the owner or manager who should understand the sprinkler system operation. A minimum monthly maintenance oroeTam t fo (a) Visually inspect all sprinklers to ensure against obstruction Ot soray. (b) Inspect all valves to assure that they are open. (c) Test all waterflow devices. (d) The alarm system, if installed, should be tested. NOTE: When it appears likely that the test will result in a response of the fire department, notification to the fire department should be made prior to the test. (e) Pumps, where employed, should be operated. (See NFPA 20, Standard for the Installation of Centrifugal Fire Pumps.) (f7 The pressure of air used with dry systems should be checked. (g) Water level in tanks should be checked. (h) Care should be taken to see that sprinklers are not painted either at the time of installation or during subse- quent redecoration. When painting sprinkler piping or painting in areas next to sprinklers, the sprinklers may be protected by covering with a bag, which should be removed immediately after painting has been finished. (i) For further information see NFPA 13A, Recommended Practice for the Inspection, Testing and Maintenance of Sprinkler Systems. 1991 Edition APPENDIX A Table A -1-2(a) Casual Factors in One- and Two -Family Dwelling Fires that Caused One or More Deaths 13D-15 Structural Member Area of Origin Form of Heat of Ignition Living Room 41% Smoking Materials 36% Bedroom 27% Heat from Fuel - Fire or 25% Kitchen 15% Powered Object 10,194 Storage Area 4%' Based on 6066 incidents Heat from Miscellaneous. 15% Based on 5016 incidents Heating Equipment Room 3% where area of origin was Open Flame (Including where form of heat of Structural Area 2% reported Match) ignition was reported Other Areas 8% Heat from Electrical 14% Other 10% Equipment Arcing or Form of Materials Ignited Overload Furniture 27% Hot Objects Including and Mobile Homes Annual Averages Bedding 18% Properly Operating 7% Combustible Liquid or Gas 13% Electrical Equipment Percentages by Area of Origin Interior Finish 9% Based on 5080 incidents Other 3% Structural Member 9% where form of material Total number of incidents Waste, Rubbish 4% ignited was reported reported Clothing, on a Person 3% 10,194 Cooking Materials 3% Electrical Insulation 2% Curtains, Drapery 2% Other 10% Source: FIDO Data Base 1973 to 1982, NFPA Fire Analysis Department. Table A -1-2(b)' 1980-84 One- and Two -Family Dwellings and Mobile Homes Annual Averages Fires -544,000 Civilian Deaths -3,900 Civilian Injuries -14,000 Percentages by Area of Origin Area of Origin (901 Code) Civilian Deaths (Used for Ranking) Fires Civilian Injuries Living room, den, lounge (14) 40.2 11.6 21.9 I Bedroom (21-22) 24.1 11.6 20.9 1 Kitchen (24) 14.0 20.6 27.5 Structural Area (70-79) 5.8 15.5 7.4 [Crawl space (71)] (1.5) (3.2) (2.9) (Unspecified (79)] (1.0) (1.0) (0.7) [Balcony, porch (72)] (0.9) (1.1) (0.9) (Ceiling/Floor assembly (73)] (0.7) (0.8) (0.5) (Ceiling/Roof assembly (74)) (0.6) (2.3) (0.7) [Wall assembly (75)] (0.6) (2.0) (0.8) Dining room (23) 2.3 1.1 1.6 Heating equipment room (62) 1.9 3.7 3.6 Bathroom (25) 1.2 1.7 1.9 Hallway, corridor (01) 12 0.9 1.1 Garage* (47) 1.1 3.4 3.7 Interior stairway (03) 1.0 0.4 0.4 Closet (42) 0.9 1.2 1.3 Other known single area 4.2 26.6 7.5 (Chimney (51)] (0.4) (18.9) (0.7) Multiple areas (97) 0.8 0.7 0.6 Unclassified, not applicable (98-99) 1.3 1.0 0.6 Total: 100.0 1.00.0 100.0 " Does not include dwelling garages coded as property type, which is a large number. A-1-5.1At hast r r �= ar�cTrinlrlerc of par}. ..,o tem- Fire department connections 2M,not require I for sys- erat a rating, and orifice sizeused. in the system should tems covered by this U ar y� inc�j be ept on the premises.When fused sprinklers ar discretion o the owner. In thesecases hydrosrarir test, in ac rep ed y t e owner, fire department, or others, care accordance w - with NFPA .Cram tnrd �fnr thv Installation Qf should be taken to assure that the replacement sprinkler Sfirin�vct are rf-QuiTed_ has the same operating characteristics. Dry systems should also be tested by placing the system under air pressure. Any leak that results in a drop in sys- A-1-5.4 Testing of a system can be accomplished by fill- tem pressure greater than 2 psi (0.14 bar) in 24 hours ing the system with water and checking visually for leakage should be corrected. Check for leaks using soapy water at each joint or coupling. 1991 Edition M -E -M -O -R -A -N -D -U -M TO: Attorney James R. Senior FROM: Mary Leary-Ippolito� ZBA Secretary— �,V DATE: 6/21/2000 SUBJECT: Request for Information for ZBA file. JUN 2IB BOARD OF APP�� Please be advised that this is a request for information, which was introduced at last night's Zoning Board of Appeals meeting. Please fax to my attention any written memorandum addressed by yourself and your client(s) for the petition of Foxwood Drive and Weyland Circle. Especially, the written information stated at the meeting by Mr. Devlin relative to Fire Chief Dolan, regarding sprinkler issues. As you may be aware, once this information is introduced into the meeting it becomes part of the record, and the ZBA is required to obtain a copy for the file. I left a phone message for you on your machine today regarding same. Thank you for your concern in this matter. M. ZBA file MI/senior FA Post -it® Fax Note 7671 Date -,;t paogt To From , ���✓ Co./Dept. Co. 3A Phone Phone #j� Phone # 922f 6w -el --S l/ (ciO� p / // Fax #(/) �Gi6T ' 2 El-) -11 Fax# 9 / %�Vj 9s9 Foxwood 153 Weyland Circle, North Andover, MA 01845 To: Mary .... Board of Appeals Administrative Director NZBA. Phone: 688-9541 Fax phone 688_-9542 CC: Date: 06/22/00 Number of pages including cover sheet: From: Jack Devlin and Ann Made Lombardi 153 Weyiand Circle North Andover, MA 01845 Phone: 978-686-04301978-725-8000 Fax phone: 978-725-8200 REMARKS: 0 Urgent Z For your review ❑ Reply ASAP ❑ Please comment Per the request of ZBA through. Attorney. James Senior, the attached is provided Should there be any additional information need please feel free to contact either Attorney Senior or me. Warmest regards, Jack and Ann Marie l 'd 0028 SZL 8L6 6 dtnObO HOaV3S NI-lA30 W08-3 wVSV=0l 0002 -ZZ -9 RESIDENTIAL SPRINKLER GUIDE The Fire Department has provided this informational package which we hope will assist developers, builders, installers and the home owner with information on the purpose, installation and care. of the residential sprinkler system. Residential Sprinklers have been around for over twenty years and many areas of this country have had mandatory residential sprinkler installation for all dwellings. In North Andover the residential sprinkler installation is usually required as a condition of the planning board during the plan review process as a result of recommendation from the Fire Department. The first recommendation for this type of system in North Andover was in 1982 and the first installation of thistype of system was at 52 Laconia Circle on a house on a common driveway. There have been many false statements issued and regarding sprinkler systems which have caused many persons to have a negative attitude towards their installation. Naturally the main concern is cost. Prices do vary but we would estimate that the cost per square foot today is $1.50 to $2.0'0 for a system using an adequate municipal water supply. The second concern is water damage. Sprinkler heads,(the part which activates when there is a fire) only activate when there is a fire and the temperature reaches approximately 165 degrees and only the sprinkler head in proximity to the fire activates ALL OF THE SPRINKLERS DO NoT.ACT_IVATE when one does. This initial activation will flow about 13 to 18 gallons per minute. The flow will sound a bell. outside the home which will alert those inside and outside of a flow. With this initial flow a fire will be controlled in its initial stages usually remaining small and confined to its area of origin (starting point). Sprinkler activation will occur after your smoke detector has sounded. Smoke detectors have proven to be a valuable tool in sounding an alarm to alert occupants that there is a fire and that they should evacuate the building. However, smoke detectors do not "suppress" or extinguish the fire. A fire will continue to grow until extinguished usually with water. This time from activation of the smoke detector to the suppression activity by 1� "SMOKE DETECTORS -SAVE UVES" Z d ooze SZL SL6 6 dnOdO HObV3S NI-IA30 WOb3 Wd9V°0l 0002 -ZZ -9 ' d fire department personnel can be as much as ten to thirteen minutes in certain parts of Town. The residential sprinkler system will suppress tate fire allowing your safe escape, decreasing the amount of toxic materials emitted in the smoke and save property damage. when firefighters arrive they will use fire hoses to suppress a fire which has increased in size using a flow of from 100 to 200 gallons per minute. The residential sprinkler systems main purpose is to SAVE LIVES by activating in the early stages of a fire and creating an environment which allows escape. In the 1970's and 1980's the Town underwent substantial development without a corresponding increase in fire suppression capability. The residential sprinkler system is a means of providing fire protection to the citizens of the community by building it in to the homes which are being constructed. I urge you to read the information provided in this package and call if you have questions. Neither the fire department nor its members have any vested interest, other than your safety, in having these. systems installed. It is an alternative way of providing fire protection, a new answer to a very old problem. In the following few pages we will note some of the requirements that we have regarding the installation of these systems. Respectfully, Fire Chief S 'd 0028 SZL SL6 6 dnOdO HOdV3S N I IA3o HOdA "V9V = 0 l 0002 -ZZ -9 V 'd HOME OWNER1QCCUPANT INSPECTION FORM This form should be Completed and sent to the North Andover Fire Department within one month of occupancy. BUILDING/APARTMENT/RESIDENCE nave: STREET ADDRESS '------------ SUILD.ING OWNER ADDRESS STATE ZIP PHONE OWNER/HANAGER TITLE ----------------------------- ----------------- TELEPHONE NUMBER THINGS TO.CHECK 1 -Control valvest A. Is the sprinkler control valve in the OPEN position? S. Is there an ORANGE tag attached to the sprinkler control valve? C. Can you read the telephone number for the fire department? 2. Test your ALARM. A. Open the drain valve listen for the alarm bell. Did it ring? CHECK ONE BELOW YES No N/A BE CERTAT11 TO SHUT THE DRAIN VALVE WHEN DON WITH TEST III 3. Are the sprinkler controls located in an an area this is protected from freezing? a. Check the sprinklers inside your home. ' A. Have any of them been damaged? 8. Have any of them been painted? (This would he other than.the factory applied finish) C. Is anything hung from the sprinkler? — (ie: hanging plants, signs etc) D. Are all of the "plates" around the sprinklers in place and flush with the ceiling? Please return this form to the North Andover Fire Department using the self-addressed stamped envelope. Inspection conducted by ........ Date 00ZS SZL SL6 6 dn089 HOdV3S NI1,30 WOb3 HVLV°01 0002—ZZ-9 NOETH AN OVER FZRE PAR TMENT RESIDENTIAL RE -INSPECTION CHECKLIST FOR USE BY THE NORTH ANDOVER FIRE DEPT. DATE OF RE -INSPECTION ---- NAME OF OCCUPANT _--------- _NAME OF OWNER -------------------------------- ADDRESS ADDRESS PROPERTY HANAGER-"---"------"--------------------------------- - OK ,t4 O. J I. Set Appointment 2. Proper Freeze Protection 3. Unions (check for leaks) 4. Test Heil 5. Main Supply Valve Secured in Open Position S. Main Supply Valve Tagged 7. Pressure Relief valve setting correct RECORD SETTING -- -- -- 8. Heads clear and unobstructed 9. Record Water Pressure at riser 10. Other comments or observation& ----------------------------------------------------------- ----------------------------------------------------------- ------------------------------------------------------------ Fire Personnel Conducting Inspection S 'd 0028 SZL 8L6 6 dnObO HOdV3S N I _IA30 HOZJ3 HVLV = 0 t 0002 -ZZ -9 -. i -7-e' NS ' ATIO,N Installation of residential sprinkler systems must be in compliance with National Fire Protection Association standard 13D Sprinkler Systems one and Two Family Dwellings and Mobile Homes. As the Authority Having Jurisdiction with reference to 13D the Fire Chief has made the following decisions regarding the major portions of the standard. 1. Hydraulic calculations shall be submitted to the fire department for each residence in which a residential sprinkler System will be installed. These calculations shall indicate the size of pipe service to the residence from the domestic to insure both and adequate supply for domestic and sprinkler use. These calculations shall be reviewed by the Fire, Plumbing and Water departments. The North Andover Department of public .works does not allow plastic piping for services to residences. 2. Along with the hydraulic calculations there shall be a blueprint of the exact dwelling to be built which clearly illustrates the proposed residential installation showing the riser, backflow prevention, shut Off 9,gauges,outside alarm bell, piping (indicate size),loeation of sprinkler heads, drain and other appurtenances. There should be a legend on the blueprint indicating the type of heads to be used, their rating,* type of pipe used,who designed the system and their qualifications. 3. Section 4-6 Location of Sprinklers - The department would like to see all areas sprinkled but that is not required. The department does approve systems designed- utilizing Exceptions No.1,2,3,4. It does not approve of systems utilizing Exception No. 5 and the department requires that the basement areas be totally sprinkled and that garages under the dwelling be protected by sprinklers by utilizing sidewall sprinklers from the heated side of the basement compartment. 4. Thecalculations and plans shall be submitted to the fire department for approval at After review the fire department shall indicate on the plans their approval or rejection or any changes required. WORK SHALL NOT COMMENCE ON ANY SYSTEM WITHOUT APPROVAL OF THE FIRE DEPARTMENT. 5. The department requires the, tie in of the domestic and the sprinkler system from the city main to of the design as shown in N.F.P.A. 13D appendix A Figure 1-2--2(a) Preferable Arrangement. Where pressurized water storage tanks are- utilized in areas where city water is not available, a similar arrangement is required. 6. Fire department connections are not required on these systems. 7. There is no permit issued for residential sprinklers by the fire department but a plumbing permit from the plumbing inspector located in the Building Department office is required. ` 9'd 00Ze SZL SL6 6 dnOdO HOZiV3S NI1n30 Y408A "VLV :0 l 000E -EE -9 r S. The fire department personnel will always make itself . available to the developer, installer and home owner to discuss the system. We would prefer that you schedule an appointment in advance by calling 9. An inspection is required by the fire prevention officer of the piping .and the system including an "in the bucket' flow test to determine if the system will deliver the appropriate amount of water as designed. These inspections can be scheduled through the fire department office at An appointment can be made and we will come to the site to discuss any issues relating to the system. L d 0028 SZL 8L6 6 dnobO HObV3S NI1A30 HOb3 HVgV ° 0 l 0002 -ZZ -9 NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 WILLIAM V. DOL.AN Chief of Depemment Tel.. '(508) 686-3812 Acceptable Water Supply Arrangements - NF11A 13D C+Iv Wow Main. Clty Gate Valve S 'd Main Control ...� Valve •nttlthM� r�t��� Check Vawe Dr.a+n and Test Connection 1117 To OornestIc Svslem Water(0- oniest+c I `.'lett, Sl+itt-fill Prelsura Gage Va-v! Water Fiow '-Detector -()—s .Pressure Gage To Automatic Sslrtnkter System "SMOKE DETECTORS SAVE LIVES" ews SZL 8L6 6 dnOdO HOdV3S N I _1n.3a HOdA HVSV = 0 t 0002 -ZZ -9 National Pine Protection ASsociation -F/REfax° Priority Communication via facsimile -.__..-�..,r,,. .. ...,ter.... - .. To: Chief William Dolan Fax No. 0-78-688-959 From: Gary Keith National Fire Protection Association 1 Batterymarch Park PQ Box 9101 Quincy, MA 02269-9101 USA Message / Special Instructions: June 14, 1,999 Dear Bill: Confirming our telephone conversation regarding th.e adoption of NFPA codes and stancrards, the appendix is not considered part of tho rcquirernonts of the document. if any adopting authority wants to includo an �i t - par�ticuEar regulation, it needs '�• y �-pp�nd:x m��eriai ir. a 9 eeds 'to be included as a dj;,,rr�Gi amendni,ent to the original document (and most likely convened into enforce<<f-,le ianguagp -S well) Hope this helps. Sincerely, {) ._Pages foilovv this cover pa;�c?. If all arc nolle roccivFCf. r-a!� 3�aIlCji � Gt (G".%} q�g-Ir- 71260. To Reply via Fax. Dial (617) 984-7110.. a -mail: gkeith ;�r�ipa.ar q 6 -d 0028 SZL 8L6 6 dnOdO HO2JV3S N I - A30 HOdA "v6V = 0 t eOeZ-ZZ-9 n 0l'd 0028 SF,/- 9L6 6 dnOdO HObV3S NI-IA30 HOb3 v4v6V=0t 0002 -ZZ -9 To protect your family, and your investment, home fire sprinklers are a smart choice. The Home Firc Sprinkler Coalition w:is formed in Nuvenl6cr 1996 it1 rCShUilsc to elle Lrentcadow, need to inform the public about the lifc-aaving value of the home fire sprinkler. Founding member. includc: American Firc Sprinkler Association (AFSA) 1-214-349-5965 National Fire Protection Association (NFPA) 1-617-984-7260 Nacional Fire Sprinkler Association, Inc. (NFSA) 1.914-878.4200 For more information on homt fire sprinklers, please contact these non-profit associations. Home Fire Sprinkler .... Estahlishcd in 1.914, the National Fire SprinWrAsRociation, Inc. (NFSA) ix a trade axsociolion comprised of installers and martufacture.r*off resprinklersand related equipment and services. The NFSA scroes its rnendwrship in a, Noxi of ways ranRing frvrn market, development to technical publications and seminars. Headquartered in Patterson, Ncw York, the NFSA has regional off -es thrv,ughoxt the vourttry. (& NAY'o 4AL FIRE P SF ASSociATioN, INC. Robin Hill Corpornto Park • Route, 22 1..ro. liox )(H0 • fatter.qnn, New York 12563 Telephone: (914) 878-4200 FAX: (914) 878-4215 t ` d OOZ9 SZL SL6 6 dnOdO HOdV3S N 11,A30 HOb3 "VOS : 0 l 0002—ZZ-9 19 06/22/2000 12:36 9786649502 JAMES R SENIOR PAGE 01 %.P V L- LFcixed--___j FAX S H E E T To: Zoning Board of Appeals FAX (978) 688-9542 Subject: Foxwood Date: June 22, 2000 paw., 1, Phis 17 enclosed CONWENTS: N 2 6 2000 ___j BOARD OF APPEAOLS Pursuant to your request, enclosed are additional docuruents which were referred to at the public hearing on the above matter held on June 20,2000. From the desk of... Jones R. Senior Low Offices of James R. Senior 30 Park St. Suite 207E North Reading, Messachuseft 01 864 (908) 684-00M Fax, (978) 0549502 06/22/2000 12:36 9786649502 JAMES R SENIOR PAGE 02 APP, -le-' 99 FR I ld 59 I D ; ►-i ANLOI%EP.. ! PE DEPT TEL NO! 5438 - • ,iso v ft MOAtN � � 1b .. �btoo NORTH ANDOVER FIRE DEPARTMENT 9 CENTRAL FIRE NEADCUARTERS ` -•- " 124 Main Street ����c►+�s�4, Nonh Andover. Mass. 01845 WILLIAM V. DOLAN Chief (978) 688-9593 cbw or o &*T~t Business (978) 68&9590 Fax (978) 588-9594 To whom it may concern: On April 16,1999 The assistant Building Inspector, Mr. McGuire and I visited the development known as Weyland Circle_ We went to every home on this street in order to check the sprinkler heads which were installed The following is a summary of what we found: There was no answer at the following locations: numbers 77 14,28,106,120,140,174,161.145,129,121,115,85,77,53,45,27, and 921 The following appeared to have contained the Omega sprinkler head: 36,46,54,66,88,175,153,91,88,and # 39 The following houses contain sprinkler heads, which do not appear to be Omega yet the sprinkler head was painted: 130,I37,140 and 148 The following houses do not appear. to have the Omega head and the heads were not painted: 166, 183,171,105,99,65,33, and # 15 It appears that the houses built under the first phase contain the Omega beads. The building Inspector and I are continuing to work with the sprinkler contractor and builder to correct the problem is this developnum. Respectfully Yours, Z� a6aocoj AO' j0 SERVING PROUDLY SINCE 1921 I 06/22/2000 12:36 9786649502 JAMES R SENIOR 4 Town of North Andover ► OFFttt3 OF COMMUNITY DCVELOPMENT AND SERVICES 27 Charles Street North And*ver, Massachusetts 01845 .W►M 1. SC011 Director �lt� )76)669-9531 �� \ �9 April 26, 1999 PAGE 03 FOX (918)666-9542 Mr. Stan Davis Evergreen Management 200 Park St. Suite 02 North Reading MA. 01 864 Dear Mr. Davis, Please be advised that upon an inspection on April 16,1999 with Lt. Andy Meinikas and myself it was observed that tltere are numerous problems with the sprinkler systems. The problems observed is that there are numerous heads, which have been rendered inoperable due to paint and or plaster coating them. Please contact me upon immediate receipt of this letter so that we may begin the process of rectifying this situation. �espcctfully, Michael McGuire Local Building inspector Cc NASD File Certified NP 186642090 )A" OFATFGAta bi1-9341 riVUMNO 68i -s343 CONi4KVATfON 6i69l)0 HEALTH 614-9S40 PLANliM 669.9$33 - �a x�».r .�toQeagat� 'FA:St.-.a��t_iF-err 06/22/2000 12:36 9786649502 JAMES R SENIOR PAGE 04 r Evergreen Management Corp. (. 200 Park 5t, butte 2 North Reading, MA 01864 (978) 664-3674 Phone (978) 664-84'15 FAX April 28, 1999 Via certified Mai/ & Fax 978.688-9542 #2-042-580-637 Michaei McGuire, Local Building Inspector Town of North Andover 27 Charles St North Andover, MA 01845 RE: Residential Fire Sprinklers Dear Mr, McGuire, 'd9a JN101in9 6661 ti 0 AN We are in receipt of your certified letter dated April 26, 1999 regarding your inspection of residential fire sprinkler systems on April 16th with Lt. Andy Meinikas. Please contact me to schedule a meeting next week with yourself, Lt. Melnikas, Mr. Nicetta, Steve Galinsky, Thomas Hurley and myself. In your letter, you stated there are numerous problems with the sprinkler heads. Prior to our meeting, please provide me the addresses of the homes you are referring to, the number of heads affected and the specific details of what problems you have noticed. he Tow As you know, Foxwood is a Planned Resident insDtalled in a!l the homesevelopmnt in whichtand men of North Andover requested fire sprinklers to developer agreed to. A certified company, RLD Designs was hired to design the plans and a licensed plumber, Galinsky Plumbing was hired to install the systems. All the systems were inspected and approved by the building Inspector and the fire department before a Certificate of occupancy was issued. Between the years of 1994 and 1997, when the homes were constructed, each homeowner was given a non -transferable one year Limited Builder's Warranty and an informational package on the fire sprinklers (provided by the NAFD) at the closing. C:\LEM 0ocs\EVE96REEM5pr1nk Syst Itespons OI-doc 06/22/2000. 12:36 9786649502 JAMES R SENIOR PAGE 05 Since 1997 (the last closing date), there have been many re -sales within the development. Some homes are even on their third homeowner. As you know, the. builder cannot be held responsible for anything that the homeowner's do to their homes once we have passed papers with the original owners, Our position remains that the developer did everything required by local and state laws, passed all inspections and obtained all required permits. Therefore, we feel no liability and no responsibility whatsoever. However, in the continuing goodwill of rectifying any problems you may presently find; I can meet with you along with other professionals and provide you with as much advice, information and insight as possible. I look forward to meeting with you. Sincerely, J/7 n , Michael P. Phillips, as Agent For Evergreen Management, Foxwood Realty Corp., et al And Nat Individually Cc: Franklin S. Davis Steve Galinsky Thomas Hurley Atty. Mark Johnson Lt. Andy Melnikas Bob Nicetta CALEM DoWEVERGREEMSprink Syst Response0I-d0c 0 06/22/2000 12:36 iso yps olS 0� , w ` o WILLIAM V. DOLAN Ch;af of Deparonant 9786649502 JAMES R SENIOR NORTH ANDOVER FIRE DEPARTMENT. CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover. Mass. 01845 PAGE 06 Chief (978) 688-959: Business (978) 688-959( Fax (978) 688-959' Report of Fire Chief Dolan Site inspection of existing conditions l=oxwood Subdivision Conducted 5/27/99 Conducted by: Fire Chief William Dolan Lieutenant Andrew Melnikas — Fire Prevention Officer Tim Rodrique — Fire Protection Engineer — State Fire Marshal's Office Pubosite vi it; This site visit was conducted to establish the overall existing conditions of the residential sprinkler systems installed in the homes on Foxwood Drive and Weyland Circle with respect to the installation standard in effect at the time of construction. That standard was National Fire Protection Standard 13D Sprinkler Systems in One and Two Family Dwellings and Mobile Homes — 1994 Edition and in compliance with a guideline issued from Fire Chief Dolan regarding that standard for residential sprinkler installations in North Andover. Focus of inspection A schedule was established with the residents of Foxwood Subdivision to allow the persons conducting the inspection access while a responsible party was present. Although the schedule provided for fifteen minute intervals per residence starting at 9:OOA.M. and ending at 3:00 P.M. the inspections we completed by 2:30. The inspection consisted of • Checking for the presence of an outside alarm bell • Checking the sprinkler riser for: 1. Check valve 2. Test connection 3. Two pressure Gauges' 4. Spare Sprinkler Heads* • Checking each room for the presence of sprinkler heads • Checking for the presence of OMEGA sprinkler heads • Visually estimating proper coverage patterns by the existing sprinkler heads SERVING PROUDLY SINCE 1921 06/22/2000 12:36 9786649502 JAMES R SENIOR PAGE 07 • 2 o Uncovering concealed heads to inspect for the presence of paint on the sprinkler.heads • Inspecting the garage area for. 1. Sprinkler heads Z. Proper location of sprinkler heads 3. Proper type of sprinkler heads a. Estimation of coverage area provided by existing heads to protect the common wall with the house and the door opening from the house to the garage. • Pressure gauges are not required by the standard — please reference the second tolast statement in Tim Rodrique's Memo. The presence of pressure gauges had been mentioned as an issue by some homeowners_ Sprinkler contractors who were hired to. ... . L.. •bw�..rn r�enr+oe nn t}+P I+npr, tn indicate ado on to existing jyj►Li Tls 41N avt Law• �•����•" D'�"O -'•• - -- -- pressure for hydraulic calculations. They are not required in these wet pipe systems and sprinkler fitters can take pressure readings in other ways. • Spare Sprinkler heads -- should be on site as an accepted practice for all sprinkler systems — Appendix A-1-5.1. The appendix is not part of the standard unless adopted and referenced as such. Please refer to attached letter from Gary Keith- NFPA. The State Building Code does not reference the appendices with the reference to the reference standard but it is the intent of the State Building Code — Board of Regulations and Standards to adopt the entire reference document including appendices when accepting or updating a reference standard. Reaideaces visited Foxwood Drive — 9 _ 10 — 21 — 28 — 38 — 71 — 87 — 148 Weyland Circle — 39 — 45 — 46 — 53 — 65 — 91 — 106 -121 — 137 —140 — 145 —153 —175 indinr.1 gr the ins9ection neral • All residences inspected did have an alarm belt wired to a flow switch on the sprinkler riser • All systems inspected did have the appropriate check valve installed. However- there was a check valve was leaking at one time but appears to have stopped And at # 145 Weyland the check valve is installed backwards • AJi systems included a test connection which is a manual valve to a garden hose fitting • None of the systems had pressure gauges installed. • None of the systems had a spare sprinkler head cabinet with spare sprinkler ... heads. 06/22/2000 12:36 9786649502 JAMES R SENIOR PAGE 08 3 Presence of sprinkler heads — please refer to the attached summary for each residence. There were some residences where additional sprinklers were needed_ The garage areas shall be addressed scparately. The absence of sprinkler heads can be categorised as follows: 1. Sprinklers were not present in an existing room, which appeared to have been built as part of the original house design. #10 Foxwood — no head in dining room 953 Weyland — no heads in basement closet >24 square feet #65 Weyland — no head in basement closet X24 square feet #140 Weyland — additional heads needed in dining room #153 Weyland — additional head needed in basement between duct and wall 2. Sprinklers were not installed in unfinished areas of the basements. In alI residences except for 153 Weyland Circle there were no sprinklers installed in the unfinished basements of the residences. There was no provision for the future inclusion of these heads. In houses, which were finished by the developer, the heads were included in the entire basement. This condition exists at: Foxwood Drive Weyland Circle #9 #21 4137 #10 436 9140 #28 #45 #145" 939 #46 #148 #71 #53 #175 #87 #106 #104 #121 `Sprinklers in a finished portion of the basement but not in the majority of the basement 3. Sprinklers were omitted in additions or renovations of areas. This condition exist at the following locations: Foxwood Drive #9 Foxwood Drive Weyland Circle #87 Weyland #39 Weyland • Checking for the presence of Central Sprinkler OMEGA sprinkler heads OMEGA sprinkler heads were found at: Foxwood Drive Weyland Circle t #9 #39 #10 #46 l( 06/22/2000 12:36 9786649502 JAMES R SENIOR PAGE 09 T q #28 #53 #38 #91 #71 #106 #g7 #153 #104 #175 Visual estimation of the adequacy of coverage of existing sprinkler heads. In some locations the efficiency of the water application would be impeded. A construction feature, beam or column or heating ducts would obstruct the sprinkler pattern reducing its maximum effective coverage. Coverage and activation can also be affected by the presence of paint on the sprinkler head, cover plate or both. In some instances it appears that the cover plates which are marked "Do no Paint" were removed and then the ceiling was painted, which allowed paint to be applied directly to the previously concealed sprinkler head and then the cover plates were reinstalled_ Some of these residences are owned by the first buyer of the home and they stated that they had not repainted the ceilings. This condition also existed in homes, which had pervious owners, and the present owners could not state as two whether the, ceilings had been repainted. In both cases the existing condition looked alike. This situation exists at_ Weyland Circle Blocked Painted 41106 #137 #140 #148 #153 Our purpose was to inspect compliance with installation as per the standard. In performing this inspection we found a couple of locations where the homeowners have storedstmaterials in front of the sprinkler heads. This was typically in garage areas or storage areas where the location or stored items on shelving obstructed the sprinkler head. Garages The installation of sprinkler heads in garages with a common wall with the residence was a requirement of the North Andover Fire Department with the intent of adding further life safety protection to the residence. The dry pipe sprinkler heads were installed to prevent fire from entering the walk through door and minimizing any smoke generated. The scanner in which these sprinkler heads were installed varied between residences would not provide the protection sought. 1_ Sprinkler heads were located in all of the garages of the residences inspected. 06/22/2000 12:36 9786649502 JAMES R SENIOR PAGE 10 r— 2. Improper location of the sprinkler heads, to low, obstructed. The improper location of the sprinkler heads would not provided the coverage intended to protect the door opening and the common wall between the house and the garage. Foxwood #9 - Only one head in the garage area and appears to be leaking #10 — Head in the garage would not provided proper coverage #71 — Only one head in the garage and ineffective due to location #87 — Coverage in the garage not adequate due to location of sprinkler heads #104 — Coverage in the garage not adequate due to location of sprinkler heads Weyland #21— Heads in garage located to low from ceiling 436 — Heads in garage located to low from ceiling #39 — Heads in garage located to low from ceiling and the heads had plaster on them #106 — Coverage in the garage is not adequate due to location of the sprinkler heads #121 — Coverage in the garage is not adequate due to location of the sprinkler heads #145 — Improper location of heads in the garage #148 — Heads in garage located to low from ceiling #153 Head in garage appears to be leaking Proper type of sprinkler heads The proper type of sprinkler head would be a "sidewall" type, which would force a spray of water out from the wall_ The head would have a "deflector" installed to develop that pattern. Weyland Circle # 45 : wrong type of heads in the garage — not sidewall heads #140 — wrong type of head in the garage — not sidewall heads The Fire Chief has contacted the installer Steve Galinsky and tried to make arrangements to meet with hum to discuss the installation issues (Le. missing heads, spare- sprinkler heads, garages and unRnished basements). Mr. Gslinsky has not been available to meet with the Chief: If this remains to be the case the Chief will . ask the State Fire Marshal code compliance officer to assist in making the meeting. . Of these issues of primary concern are the improperly installed check valve at 145 06/22/2000 12:36 9786649502 JAMES R SENIOR PAGE 11 _ G Weyland Circle and to correct the sprinkler head installations in the garage a as. The fire department inspectors should have noted the location and type of sprinkler heads in the garage and finished areas and whether or not there were spare sprinkler heads of adequate number and type available. Omegas — information regarding the Central Sprinkler OMEGA recall has been distributed and is available by calling 1-800- 896-5685. For consumers to get replacement sprinklers and any reimbursement towards installation costs, they must submit the Proof of Claim and Release Forms to Central postmarked by August 1,1999. Consumers submitting Proof of Claim and Release Forms postmarked after August 1, 1999 but before November 1, 2001 still qualify to receive replacement sprinklers but not reimbursement. The fire inspection procedures for inspection, testing and plan submittal have been updated. 1. Plans will be kept on file for all residential sprinkler installations. 2. As built plans must be submitted for residential sprinkler systems prior to sign off by the fire department. 3. Inspection test forms have been developed and will be used by the fire inspector for each residential fire inspection. William V. Dolan Fire Chief 06/22/2000 12:36 9786649502 JAMES R SENIOR Summary of findings at Foxwood development # 9 Foxwood I Omega Heads No pressure guages No heads in basement.....unfinished Room added on ....no heads Only one head in garage.... leaking # IO Foxwood Omega heads No heads in basement..... unfinished No pressure guages Problem with one head in garage Additional head needed in dining room # 28 Foxwood Omega heads No pressure guages No heads in basement...... unfinished # 38 Foxwood Omega heads No heads in basement...... unfinished No pressure guages # 71 Foxwood Omega heads No heads in basement ...... ,unfinished Only one head in garage... ineffective No pressure guages PAGE 12 `0 06/22/2000 12:36 # 87 Foxwood 9786649502 JAMES R SENIOR Omega heads No proper coverage in garage No pressure guages No heads in basement ........ unfinished # 104 Foxwood Omega heads No heads in basement ........... unfinished No pressure guages Improper coverage in garage # 21 Weyland No heads in basement ....... unfinished No pressure guages Heads in garage..... too low # 36 Weyland No pressure guages 'No hemi in ba9emtnt.... urAnished Heads in garage too low g 34 Weyland Omeyw heads Gsrarge heads had been plastered and too low No pressure guages # OVftland No heads in basement.....unfinished No pressure guages Wrong heads in garage PAGE 13 \A 06/22/2000 12:36 9736649502 # 137 Weyland # 140 Weyland # 145 Weyland # 148 Weyland # 153 Weyland JAMES R SENIOR PAGE 14 No heads in basement.... unfinished Heads were painted No presssure guages Heads were painted No heads in basement ... ..unfinished No pressure guages Additional coverage needed in dining Room Head in garage not sidewall Heads in partially finished basement Check valve backwards No pressure guages Improper head location in garage Heads were painted No heads in basement... unfinished No pressure guages Heads were too low in garage Omega heads No pressure guages Additional head needed in house Head in garage leaking 06/22/2000 12:36 9786649502 0 JAMES R SENIOR # 46 Weyland Omega heads No heads in basement.... unfinished No pressure guages # 53 Weyland Omega heads No pressure guages No heads in basement...... unfinished No heads in basement closet # 65 Weyland Basement closet has no head No pressure guage # 91 Weyland Omega heads No pressure guages # 106 Weyland Omega heads Sprinkler head obstruction in bathroom No heads in basement ........ unfinished No pressure guages Coverage question in garage # 121 Weyland No heads in basement.....unfinished No pressure guages Wrong coverage in garage PAGE 15 Me" 06/22/2000 12:36 9786649502 # 175 Weyland 175 Weyland JAMES R SENIOR Omega heads No pressure guages PAGE 16 No heads in basement..—unfinished Garage heads blocked by storage Omega heads No pressure guages X\1 06/22/2000 12:36 9786649502 JAMES R SENIOR. PAGE 17 CTS Tt'om��ao�:cc�e 1s �p.�recutirr fe ��ce o� ✓ till c CJa�eGi� f' (. gel, aryt'?)lVIto//Co�xecFe"f> ea 1025 --6-�,71e PROW/ // STEYHEN D. LOAN ARGEO PAUL CELLUCCi �«�Q-'1K .Ue7C111-Q-r&A 01775 STATE FIRE MARSHAL GOVERNOR (97,T),T67 J100 .r.. �•��S%5r7�.�l l Tens P. LrONARo JANE SWIFT DEPUTY STATE FIRE MARSI LtEUTW4AmT GOVMCR JANE PERLOV SECRETARY MEMORANDUM To: Chief William Dolan North Andover Fire Department From: Timothee C. Rodrique, MSFPE Fire Protection Engineer Date: Juue 1, 1999 Subject: Interpretation of NFPA 13D Chief Dolan, I have reviewed the 1994 edition of NFPrA 13D, as requested. Below is my interpretation of the standard, as indicated. I have not reviewed the design of these systems per the standard. System Components: 3.2 -- A pressure gauge shall be installed to indicate air pressure on dry systems and on water supply pressure tanks. 4-2.1 -- Pendent and upright sprinklers shall be positioned so that the deflectors are within 1 to 4 in. of the ceiling. 42.2 -- Sidewall sprinklers shall be positioned so that the deflectors are within 4 to 6 in. of the ceiling. Exception to both: Special residential sprinklers shall be installed in accordance with the listing limitations. ��/lfl N/.1�I�1lii•!M r/I�PtKMI • i�/iRRf►/i/MRi � I((I�P/10� .�A�f1t1�M 06/22/2000 12:36 9786649502 JAMES R. SENIOR PAGE 18 4-2.3 -- In basements where ceilings arc not required for the protection of piping or where metallic pipe is installed, residential sprinklers shall be permittcd to be positioned anticipating future installation of a finished ceiling. 4-6 Sprinklers shall be installed in all areas. Exceptions: 1. Not required in bathrooms 55 sq. Ii. and less. 2. Sprinklers are not required in clothes closets, linen closets, and pantries where the area of the space does not exceed 24 sq. R. and the least dimension does not exceed 3 11. and the walls and ceilings are surfaced with non-combustible or limited, combustible materials as defined in NFPA 220, Standard on Types of Building Construction. 3. Sprinklers arc not required in garages, open attached porches. carports and similar structures. 4. Sprinklers are not required in attics, crawl spaces. and other concealed spaces that are not used or intended for living purposes or storage. Sprinklers are not required in entrance foyers that arc not the only means of egress. Based on the above. Sprinklers arc required in the bascmcnt areas. However, pressure gauges are not required per the standard. The above does nQ1 take into account the specific guidelines that you provided, too. THOMAS J. URBELIS E-MAIL: tju@ufb.com URBELIS, FIELDSTEEL & BAILIN, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 June 16, 2000 William J. Sullivan Chairman, Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 RE: Foxwood Subdivision Dear Mr. Sullivan: {, JUN 1 2000 -rr0.F APPI .?__� Andover Office Telephone 978-475-4552 dAl It is my understanding that the Zoning Board of Appeals has before it a petition by landowners who claim they are aggrieved of the Building Commissioner's decision relating to an enforcement request. You requested my opinion relating to the Statute of Limitations as applied to the enforcement request. The petitioners' stated request is for the enforcement of the terms of a 1994 special permit. However, there was also a subdivision approval with conditions in 1994. It appears from the petition (see pages 2-12) that the petitioners are, in fact, requesting enforcement of the terms of those subdivision conditions. With regard to the enforcement of subdivision conditions, in McGowan v. Sears, Misc. Case No. 178398, the Land Court said: The Subdivision Control Law, G.L. c. 41, Sections 81K-81GG, gives planning boards the authority to impose conditions on the construction of subdivisions, including the requirement. that a bond be posted to insure that all other conditions are met. See G.L. c. 41, §81U. The statute does not require that the town enforce such conditions, however. See Gordon v. Robinson Homes, Inc., 342 Mass. 529, 531 (1961) (emphasis supplied). s:\wp51\work\n-andove\corresfAsullivan6-151tr.doc URBELIS, FIELDSTEEL & BAILIN, LLP June 16, 2000 Page 2 Furthermore, in Marlborough Savings Bank v. City of Marlborough, 45 Mass. App. Ct. 250, 252, the Court stated: Nothing in G.L. c. 41, §81U, makes a municipality the guarantor of the public improvements that an approved subdivision plan calls for. The machinery of §81U is designed to set aside funds sufficient to permit a municipality to complete subdivision improvements but these are based on cost estimates. Those estimates do not necessarily cover inflation or, as in this case, the unpredictable cost of work done once through expenditure by the developer from the reserve fund, but not done correctly so that the work must be redone at additional cost, with consequent additional draw on the reserve fund. Therefore, to the extent that the enforcement request is a request for enforcement of the terms of the subdivision approval, G.L. c. 41 §81U does not require the Town to enforce the conditions. With regard to lawsuits for the'enforcement of provisions of the subdivision control law, Mass. General Laws Chapter 41 §81Y provides as follows: The superior court... shall have jurisdiction in equity on petition of the planning board..., or of ten taxable inhabitants... to review any action of any municipal board or officer in disregard of the provisions of this section, and to annul and enjoin such action, to enjoin the erection of a building in violation of this section, and otherwise to enforce the provisions of the subdivision control law and any rules and regulations lawfully adopted and conditions on the approval of a plan lawfully imposed thereunder.... No proceeding under this paragraph shall be instituted more than one year after the act or failure to act upon which such petition is based. Appeals under §81Y are therefore limited to violations of conditions contained in the approved plan, and to actions taken by other municipal boards or V-' URBELIS, FIELDSTEEL & BAILIN, LLP June 16, 2000 Page 3 officers in violation of the specific provisions of §81Y. See Bobrowski, Handbook of Massachusetts Land Use and Planning Law § 16.2 at 630 (1993). As submitted, the petition for enforcement raises issues as to against whom the Building Commissioner is being requested to act. Many of the requests for enforcement of the special permit appear to relate to conditions of houses (such as sprinklers) that are now owned by individuals and not by the developer. I understand that some of the properties in the subdivision have been sold several times. While the petition filed by their attorney is lengthy, the petitioners have cited no authority which states that the enforcement by the Building Commissioner of special permit conditions relating to individual houses (such as sprinklers) would be against the developer rather than against current owners of property in which the alleged violations are occurring. See. Cappuccio v. Zoning Board of Appeals of Spencer, 398 Mass. 304, 309 (1986). Please call if you have any questions or if there is anything else you need. TJU:lss cc: Board of Selectmen Planning Board Terri Ackerman 7H ' di Griffin Robert Nicetta William Scott Very truly yours, Thomas J. gbelis HaRTH r ti NORTH ANDOVER OFFICE OF THE ZONLNG BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER. MASSACHUSETTS O 1845 Phone: 978-688-9541 Fax: 978-688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA., on Tuesday the 20`h day of June, 2000 at 7:30 PM to all parties interested in the appeal of property owners of Foxwood Drive and Weyland Circle, North Andover, MA., as a party aggrieved of a decision of the Building Inspector refusing to enforce the provisions of a certain Special Permit for the construction of Foxwood Estates, said permit being dated February 14, 1994. Said premises affected is property in the R-2 Zoning District. File is available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order of the Board of Appeals, William -J. Sullivan, Chairman Published in the Eagle Tribune on June 6, & June 13, 2000. Ml/Legalno2000/23 Nf� W Nvm0 OLL «ctl �'"' CN 00.OZtpa �QN 0 TO C_aOUN;N U.aV ON'7 X60 CAO>i Q.00 Nm 'D N AD c XO.� d c6 G"; Cn N'0 0 0 ID C O U f/1 O a n.o— o. C 6 �ymd_>D CC UWa Op O=.(1) 0mm,O VY�Q Q >, C..p.'O U� ctl O lU �' .3-C C m0 �..- O 0 2-oa—oca¢m�:So03.4 .00 Nc O�L„�L.,000 N - :3 (n 2 o 0 o O_ =3ca, 0 ~� -oQ�UN y 0.Y 2 f0:'.Q O O Crj !n . �. O L Cc) m td c0 E ca :� U >o = co O C :. oc >'U O ~ S Lm� 0 CL cNi �r D0 O 0 U 0..-. 1...t- dr O O N 00 .0 2 H ao ..moz�La w 5 A: LAW OFFICES OF JAMES R. SENIOR PARK PLACE EAST 348 PARK STREET, SUITE 207 NORTH READING, MASSACHUSETTS 01864 TELEPHONE: (978)664-0050 Fax: (978) 664-9502 May 24, 2000 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, Massachusetts 01845 Attn: Mary Dear Mary: Re: Foxwood Drive and Weyland Circle File no. Foxwood / 99-077 Pursuant to our conversation in your office on May24, 2000, I enclose herewith the following. 1. Two sets of labels to each abutter; and 2. 158 stamps (33 cent) I understand that you will notify me when the legal notice is ready, so that I may bring it to the Lawrence Eagle Tribune for publication in time for the scheduled hearing date of June 20, 2000. svery 7truly") mes R. Senior LAW OFFICES OF JAMES R. SENIOR—�r ~ PARK PLACE EAST= -- 348 PARK STREET, SUITE 207 -' NORTH READING; MASSACHUSETTS 01864 MQY Z 3 ?QOO TELEPHONE: (978)664-0050 Fax: (978) 664-9502 May 24, 2000 File no. Foxwood / 99-077 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, Massachusetts 01845 Dear Sir or Madam: N Re: Fozwood Drive and Weyland Circle, North Andover, Massachusetts . I enclose herewith an Application for Appeal of A Building Inspector Decision in the above matter, together with ten copies of the same. I also enclose herewith a certified abutter's list. Finally, I enclose herewith a check in the amount of $25.00 to cover the cost of filing this application and a check for the cost of postage. Yours very truly, ames R. Senior II R 1 1`I Not applicable L 0C,,deep; �. SiCe of Oronos1n, CLL,'C '-`, Hdig_. GC_ UCL `'CLQ. C'i r Enforcement of Provisions of Special Permit per attached Letter to Building Inspector �f �� V ��1.��'. U� ♦.. l`.a. i•flQ �.r7e�.r—" See Schedule of Ownership See attached St,4,tement of Reasons i 1 --=i to .../ Cite All Petitioners. By their Attorney,, am R. Senior. , Esq. Cid _�.e 01 re„LA Ce: (S) 348 Park St.,,Suite E207 No. Reading, MA 01864 (978) 664-0050 c a 3 co Applicant List Name Address Edmund J. Cardoza, Jr. and Lisa M. Cardoza 7 Weyland Circle, North Andover, Massachusetts 01845 Keon-Myung & Kyonghee Lee 21 Weyland Circle, North Andover, Massachusetts 01845 Lisa E. Dahl and Eric T. Dahl 65 Weyland Circle, North Andover, Massachusetts 01845 Jeffrey Zimmerman 106 Weyland Circle, North Andover, Massachusetts 01845 Wise, Patricia 120 Weyland Circle, North Andover, Massachusetts 01845 Christopher J. Conway and Renee M. Conway 137 Weyland Circle, North Andover, Massachusetts 01845 Charlene A. Cully 140 Weyland Circle, North Andover, Massachusetts 01845 Stephen L. Ciroli 148 Weyland Circle, North Andover, Massachusetts 01845 Ann Marie Lombardi 153 Weyland Circle, North Andover, Massachusetts 01845 Elaine Weiner, Trustee of the 34 Hunter's Ridge Trust 9 Foxwood Drive, North Andover, Massachusetts 01845 Piscatelli, Kevin C. 19 Foxwood Drive, North Andover, Massachusetts 01845 Kumar C. Metlapalli 63 Foxwood Drive, North Andover, Massachusetts 01845 Elizabeth Gawelek and Kennerth C. Gawelek 71 Foxwood Drive, North Andover, Massachusetts 01845 Paul T. McDonough and Susan M. McDonough 87 Foxwood Drive, North Andover, Massachusetts 01845 N _O C O �D DD M M to 00 DD to O [- is. O o\ 00 N O O to O 00 M O O N t M O00 N CS y � u L L u p p � .-- .-•• O ^ ^ O O N O O M O N N O to to to to to to to to to to to to to to to to to O O O O O O O O O O O O O O O O O O O v u O O C\ N \.o N Q\ O M N 00 O O M M "Ii 110 �O to t0 to to N N N M M 1- N 1" N(4 N NN N N fV N NN N M N NN N G R W) to to to to to to to to to to to to to to to to to to \.O U N N U U N v •L •L •L y L L U U U U U � •1.. •L •L •L •L t' L L U U `�° `�° a o o oo oo oo oo Q c o R oo oo x o o o 0 0 0 3 3 ti ci ci ri ri ci ti c°. 3 3 � p r- O 00 M to O M to "T I- N \440 r, 00 -- N M to N L F - co 'O s 7 N co 0 3 y °c a 0 L p R � o Z � � � U •n s c G C N O _ cc: L 00 _ --t _ ce U C co U ¢ >+SCA _U ti R O c0 -°c E U o s F" c m a� o a- old c� U`� cc �' U a u °' o v 0 U ami ami $ `� U ca v 3= '° ti to L a� N 0 ami a� co � �, F � � Es N L y ca CL a cC y N p 3 j •� s G w a� a ti 3 U U¢ w a. M O 42 N cd O a Q O 'g O O U 7a Y 0 Y o :c U O ¢, O «S NZ W Cd O Cd U Cd � U U Cl 0 O M _ � r to kn W) IRT W) It W) It W It W) It kt) It - Wn Wn kn v) Wn v It 00 0000 00 00 00 tn v It �t v v 00 00 — 00 — — o — 0 '-• 0 --- 0 – 0 r • 0 � 00 00 —� 00 00 00 -• 00 0 'A 0 W En ril W y CA y oD W w v, m 19 19 (n ami V) ril 0' W 0' ami ami ami Lf) o 0 5 0 5 a o cd Cd 0s od Cd cl o cl Cc m v, CA En thLn (A co Cd Cc Cd Cd Cd Cd Cd y > > O OO -8 "G O -0 O •a O ^C O b ^C b ^d � O O O O O � � •� � O O O z 'z z � � z z z yyO rO� rrO�� yO N U U !:I E U U U U U U U U ° g >, � v ani a�'i 3 3 3 ani ani ani d I •- v� o N cin v W) r- 00 N c0 cK N O °o 3 0 Uami d A U � Cd L: P; ❑� s: tocd, N b co O °d O N U �� O y y N O U13-4 ,--+ N Q U y •� iii V` Q ,:.; cid � ,-, ,� � a5. :: U •� `S�' L M M v7 M Io Wn �.o 'n N Wn \.O N N N M M R4 N N N N N N N N N N N N N N L3, to v) kn to kn vl vl kn kn kn v) kn vl Wn _ � r r0 0 0`0 0 0000 0000 0000 000 0 0 0 0 0 0 oho 0 v, ) o ami ami ami ami E CA (n 0) Cd rq 00 00 m N N N .� 5 0 G4 ai CQ z z z z z z z CA V) V) U) b o Ln rn w a U O U �O U [� 00 O N O N O O O O asCc A A U Lv n a w b � t 3 V w ti ti " Lm M 00 M- too �.t H as ti .� e►i ° °� ci Q 3 r5 3 ,�, 3 w 04 > ci L cc a N � o o M a C) W) tn kn vi W) W) v, v, o 0 0 do Q c 0 L' 00 00 I- 110 CN 'ci' 00 O �+ 00 00 C� Q y L L Qa o 0 0 �- o o ^ o ^ o o ^ o o O o 0 0 Q W) V) V W) W) W � W) W) tn W) W) W) tn W) ,� . 0 0. O. o. 0. 0. 0. _tn 0. O. 0. O. o. 0. . 0 . o . O O. 0. 0. u L Q -:I• �c C\ t- 00 00 C\ 1` (0 V) N r- 00 CN M M �o M �o M M 110 7 \O IT N N N (`I N N fV N N N N N N N N N N N N G Q cn cn vi cn Wn cn vi W) to cn v) cn Wn vn vn vi 'n v, cn u v a> 2 2 2 2 a> N 2 _N _N 2 U U U U U U U U U U U U U U U U L' U U U U U U U U U U U U U U U C C C C Q c c c c c c c c c c c c c C c ca ca m R n7 ca R R Q R ca cS ca ca R ca m 2 ca T 7. 1 j. T T T T T T N N N N 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3tn 3 N N M M M !f C' v1 1` 00 00 ^ — — L � C v O Q C Q s L O •CLa —y � � v � � y U E �4 c Q U F- c c v ca cc ca cl Ecc C qj c cc °� N v� W -O48 D W ,� �y V1 Q cc cc U cc y ca U • •Ca O ca iY .a "C O C N U � cc L C to r— 0 T [ cow •�. o o OO .L U L- O y ca U c M W O 6) CA R C O O O ON O 00 O �O Vf O N M O R H Q Q O V1 O O O O _ _ N O c/1 W) ke) ke) N u u L cQ --� 7n 00 M 110ITt— v1 'O N p, �o W) W)�o v, Wn Wn tr, M tz O c, N N N N N N N N N N N N M G ea H Irl kn Wn vi vi vn vn vy vi kn k kn N a> > > •/ V L Qi V U U U U L U U U U U •Li D i' N U c c c c -o ,� c c c 'n o E U R co m R c = R 0 O N 'b Q cc co cC 3 3 3 3 3 3 3 3 3 o w �o T r r, o n a� :l L Er E 'c cc cc R Z E y Lj y c c= E 0 .0 ti s c o �- U^ cn cLa Q p, a� = 48 zU -b i � 3 Ctl ca x cz o °' 0 L �- ¢ ca E z c/5 In .L E E •L L C U x ►� ./^_.�, E E QN /cam 60 cn .c F IM y b � o tin u R u a O ^ M 00 N N M M X1 �0 W) V1 N O cD N N N N vNi N N M u C O 00 00 �o M 00 'c7' O r- O C\ l- 1,0 00 N r- N t� N O V1 M ' N p ON N r � -T h '7 r- O O� �' v1 M -- O\ V1 qT zt "C V) $-L- L C ` 7 N N as su. rn v) x a� C'n n qcn E E E E. E U ¢ E R o E E E E E _ E c s u en a� E E R E rx W cn 0 cn cn F. G cnEp - O cn cin cn R - CN �o a, C% Ln a o0 �o 0`00 ,n O� °� rn CN ON r- a oo" (ON 00 CS �oc� � a _" 00 F rn ON rn Gn O\ u Ip N y U U v N y O ^ � E O - U c U L� co y L ca cc O p co n p C ca c C Ca ti 0 Lt ¢ Q Q z 0¢ aUi % ca u In M N O O ON v1 N In �O N I- N ON N O M M r- [� N N N N N N N N N N N N N N M N N G R h �O t11 �O Ln c0 V'1 V'J V1 kn I!1 %O kn \O V1 \O V1 V1 V1 V� V1 \O t/'1 V'1 L L > > > u cu > > > 'a C C co C ca cC 5 i 03 >, _R % CO R cC L7 O O O O O O O O O O O O O O O L cv 3 00 3 p > x x > 'x x x x 0 L00 3 3 3 c c rn 0 U°. w c° w w w r° Cr N \0 O N 'IT- — 'cr— CT ON � [� 0000 O ao N 00 M = ca N .00 n2 �' C E- R O C -d ca C7 u U caC4, ca R �0 a) R Z p w C cC U �, _ ca IO. IO. U ai y N 0 ti 46 O E C cO -4 cac s¢ v c� Gz C7 Q X00 R 'uC1 cc cc ca cn v° w ai ° U L .c c? m cc o a TJ a7 w N x vI vI .0 N G U a E N 3 C O ° p x O U U ¢ wx wc7 a Q c Q oo % Q O b ® � o O (�t (:�) (�� � a � b L C� O CA u N C4, o\ M all N 00 t� N 00 M M M L C\ CN a\ OC, CN CN ON OO. a G1 u 0 h N N O o0m C\1.0 o0 0 1 Il ,� O\ un c N N oo vi ON ON CN Q` N 110 C) ON oN N M M V* c v v) Q h v LL ke)i in v. M E E O f"1cu R R in kn C cc O • L u CC M cu u C ►=s lu L:. N O Cd � CR �R• C� G Q Q G 6l CU N N u R R m 00 N O I� N U O\ �O r M 00 "O 00 M Q` M- r- �O O H N M t7 N N N N N C N. N N N N N cc N N C to R i N t/1 c/1 vn v1 h r!1 v'1 U1 V1 O N CU `m u V1 v1 U v1 QR%C GLJ N H R U U E E Y E C= :7, 2 y U N U N C O 'O N u y U U U U O E L L U L-. L L C O= L L O R R R L 7 E ca = R E E C U U U U U U L U U L U U Q o •v c -n c •n c •o c •v v •a -o •v •v -o -o -v -o O R _R c R I'll I Qn N N C\ CN a\ OC, CN CN ON OO. a G1 C• ^ 00 C� C� C\1.0 o0 0 1 Il ,� O\ un c N N oo vi ON ON CN Q` ON N N M M LL in M E E O f"1cu R R cu C cc O • L u CC M cu u C ►=s lu L:. N O Cd � CR �R• C� G Q Q G 6l u 00 N O I� M �c M O\ �O r M 00 "O 00 M Q` M- r- �O O H N M t7 N N N N N N N. N N N N N N N N C R v1 h r!1 v'1 U1 V1 V�. v1 W) v'1 v1 V1 v1 cry v1 H Vf 6� y ] N U N N N N u y U U U U O U L L U L-. L L L L L L L L L Q U U U U U U U U U U L U U L U U Q o •v c -n c •n c •o c •v v •a -o •v •v -o -o -v -o O R _R c R c R c R c _R c R c R c c R c c ° a w 3 3 T 3 3 3 3 3 3 _R _R T _R L 3 3 3 3 3 3 N L IT rn r- 00 M \-O O\ rn %0 M o0 N N M M M C' v1 �o r, a0 00 CC , N IM L Q R C Q _ y ¢ R 4e 0 cc w 4 -:8 Z V] O Q 6 cc U .E ca H O N caL U Q Iz] 04 ti a0 0 E cc c c c _ U O R O O.. C .O U n 0 �° ¢ ¢ U . w I'll I Qn N N o ao a" cY N cn C\ 00 U1 N O "ril O r I M N N IT N N u Or N CN v7 W) �o N �o O r 00 W) \o M r W) N \10 h r N \C N I'll N 00 C\ v, N 00 c O O C, N CN N It O o O 0 IT IT IT qT c v v �r �r W) c v qT 'T " , V1 Uf L YN.r N L y LL N L y - N L f/I y y LL LLL [�LL LL LL (�L R u M u R N ca u ca u aS u cc u R u cc u R — cd 3 C C C C C C C C C C U C H ° / y, V] CZ ul U) 0 cn V] Vi f/) C L R cc C E N E u E N E N E N C u E u E u E t y E 73 E u E E E E E E E Es� E E 0 E ° 7 cn 0 7 CIO 3 cn cn cn cn 7 cn 7 O R 7 rn O cn 0 y r C\ G1 Q\ �O ,\ Q\ CN C\ C\ Q\ CA r C\, C\ C\ CN O% GN C\ C vi - MM CN C v1 N C, N N s ^ OM u OM uy u u u u N E a, ami >, G cu Q cd en a a C. o O Q z ¢ Q ¢ ¢ z ¢ cis z z Q cu R r 00 v '01 ON c �o v1 00 tn M V) \o � 'Tr W) r - W) V) W) �O � N M n o C, N N N N N N N N N N N N N N N N M C ca V1 v1 ul In \O to \O kn \O v1 \0 N \O in �o W) �O In \O v1 \O v1 �o v1 �O In �o W) \O v1 �o u u N u N u U u U u U u u u U u U u U y U U U U U U U U u L ` U L U L U L U i Q a Gi Q L7 C a C 'v C 'e7 C 'O C 'O c 'C C 'C C U v .0 'O c 'O c 'C c L7 ' � 0 U c� cC «S R R cC cC R C � R m 6S O O u 'O L � (U 3 0 3 N 3 ani 3 0 3 N 3 fu 3 0 3 >, '' 3 ami 3 a�'i 3 ani 3� 3 k w � ti 3 L c/1 w ^ CN O V7 O ct' v1 M kn 'ct o 3 o c U Q � cn48 o -� R s •_C E y C U ccs cn 48 +.+ ° C D Q W .m ~' 'n "au� o W C E-� F N � 48 c� C C ca uV R z C N R U °� R "o ° cC E R b y u C u C c R 'L Y on �' E ° L cc C ° E R -o W C _ co u w 0 u 'b ca O u U O mrn ° �" R > C c`" R 'C U O z C u E u R E C U CC, E Statement of Reasons Foxwood Drive and Weyland Circle The petitioners appeal from the refusal of the Building Inspector to enforce the provisions of the North Andover Zoning Bylaws, specifically the provisions of a certain special permit issued for the construction of the subdivision known as Foxwood Estates. The special permit -in question was issued by the North Andover Planning Board on February 14, 1994, and allowed the construction of the subdivision as a Planned Residential Development under the provisions of North Andover Zoning Bylaw, Section 8.5. The Special Permit issued contained a number of conditions which have subsequently been violated by the developer of the subdivision. Of greatest concern, are the following: 1. There are no plumbing, framing, or as built plans for some homes 2. There are no hydraulic studies, plans, requirements or approved designs for sprinkler systems on file with the Town. 3. The fire department does not have documentation concerning the proper design, installation and certification of the sprinkler systems, hydraulic studies on individual houses, and written reports of final inspections for certificates of occupancy. 4. The Town has no information documenting that the N.F.P.A. Standards have been met for certificates of occupancy. 5. Omega sprinkler heads were used in all of the systems and have been recalled. 6. According to a report of the Fire Chief regarding and inspection which took place on May 27, 1999, the following circumstances exist: a. None of the systems had pressure gauge is installed; b. None of the systems had a spare sprinkler head cabinet with spare sprinkler heads; C. There were some residences where additional sprinklers were needed; d. Sprinklers were not installed in unfinished areas of the basements (all except 153 Weyland Circle.), and there was no provision for the future inclusion of these heads; e. Three houses had.sprinklers omitted in additions or renovations; f. Omega heads were found at fourteen houses. g. Sprinkler heads were blocked by construction features in many areas. h. Sprinkler heads were painted in many locations. i. Sprinkler heads were in improper locations in the garages, too low or obstructed; j. The fire department inspectors should have noted the location and type of. Page 1 of 12 sprinkler heads in the garage and finished areas and whether or not they were spare sprinkler heads of adequate number and type available. 7. Deficiencies were otherwise cited in a Memorandum from MSFPE Fire Protection Engineer Rodrique to Chief Dolan dated June 1, 1999: a. Under NFPA 13D, the pressure gauge shall be installed to indicate air pressure on fire systems and on the water supply pressure tanks; b. Pendent and upright sprinklers shall be positioned so that the detectors are within 1 to4 in. of the ceiling . C. Side wall sprinklers shall be positioned so that the deflectors are within 4 to 6' inches of the ceiling; d. In basements where ceiling sprinklers are not required for -the protection of piping or where metallic pipe is installed, residential sprinkler shall be permitted to be —� positioned anticipating future installation of a finished ceiling; e. There follows in this report a list of properties with deficiencies in the installation of the sprinklers. 8. A� it relates to the subdivision as a we, a. A memorandum from the Director of Engineeringto the Town Planner dated June 30, 1998, recommends no additional release of bond funds, due to deficiencies in the construction of the subdivision, characterizing the defect in the street construction as being major: 1. Approximately 50% of Weyland Circle does not meet design requirements. The slope and crown are less than the minimum resulting in sheet flow of water and freezing; 2. Replacement, re -planting and trimming of trees is required. 3. Site visit revealed that some drain manholes were buried in front yards; ties are needed to these structures. 4. Retaining walls are built in easements. 5. Side slopes were slipping and need stabilization. 6. Groundwater was breaking out on Foxwood Drive. 7. Stone bounds are not certified. 8. Punch list . items remain. 9. The booster pump was tested. Pressure dropped 223 lbs., which is unsatisfactory. There was no water flow to the buildings and insufficient flow for firefighting. 10. No sewer mitigation funds were paid. b. An Engineering Assessment and Review Re rt, prepared by Vanasse Hansen Brustlin, Inc. and dated January 26, 2000, (a copy of which is enclosed with the Page 2 of 12 attached request for enforcement) reports the following defects in the subdivision. While a waiver was granted by the Planning Board for section 7.A.4.a. (length of a. dead-end road shall not exceed 600 feet for zoning district R-2), the approved Definitive Subdivision Plans do not appear to comply with the requirements of section 7.A.4.c. Section 7.A.4.c. lists four conditions that must be met before the length of a dead end street can exceed the requirements in section 7.A.4.a. These four conditions are as follows. • The roadway might be extended into adjacent property in the future. • No wetlands shall be impacted. • Topography of the area is level and will not be impacted by a roadway which will necessitate extensive cut and fill of the existing topography. • The roadway once constructed will not exceed grades over 6%. Since the approved plans do not meet these four conditions, a waiver from section 7.A.4.c. is required. There is no evidence that a waiver from section 7.A:4.c. was requested or granted. 2. Section 7.H.3. of the Rules and Regulations require that easements be granted to the Town for slopes outside the street layout that are greater than four feet horizontal to one foot vertical (4:1): The intent of these easements is to allow for maintenance of these slopes. Proposed slope easements are not apparent on the approved Definitive Subdivision Plans. 3. Section 7.K. of the Rules and Regulations allow the Planning Board to require that natural features, such as large trees, be protected. The approved plans show a proposed limit of clearing and the As Built plans show an actual limit of clearing. The as -built limit of clearing exceeds the proposed limit of clearing. The difference appears to be significant, especially in the inner portion of Weyland Circle. Condition 15 of the Special Permit requires that a reforestation plan be submitted if tree cutting occurs outside the no -cut limit. There is no evidence in the files that a reforestation plan was submitted. 4. Section 7.L. i. of the Rules and Regulations require that calculations and certification be submitted by the Applicant to prove that fire protection is provided in accordance with National Fire Codes. It is not clear whether calculations were submitted or whether certification was issued. Page 3 of 12 5. Section 7.N.1 of the Rules and Regulations requires that adequate drainage of all lots be provided. Recent site visits show groundwater breakout of slopes and several yards appear to be saturated. Due to the high water table, visible throughout the site and documented by test pit data, adequate drainage of all lots does not appear to have been provided. 6. Section 7.N.10. states that catch basins cannot be located within a driveway curb cut or -that a drive way curb cut cannot be located at a catch basin location. There are several locations where the catch basin location and the driveway location conflict. 7. Section 7.P.3. states that driveways cannot exist at stone bound monument locations. There are several locations where driveway locations appear to conflict with stone bound monument location. 8. It is not clear whether an Environmental Impact Statement (EIS) was submitted to the Planning Board. The Rules and Regulations require that an EIS be submitted with the Definitive Plans. An EIS would have provided critical information regarding subsurface water level (4.a.3). As described in section 4.d.1, an EIS would also describe limitations on the proposed project caused by subsurface soil and water conditions. The EIS would also describe methods to mitigate potential subsurface soil or water problems. 9. The As Built plans state that stone bounds have not been installed. There is no data indicating that the stone bounds have been installed since the completion of the As Built plans. 10. The As Built plans do not show the drainage easements at station 10+00 right and left. 11. The approved plans show a drain manhole (on Lot # 29) located approximately 134 feet south of the drain manhole located at station 122+00. The As built plans do not show this drain manhole. It is not clear why this drain manhole was not shown on the As Built plans. VHB assumes it was not constructed. Omission of this drain manhole does not appear to affect the drainage design. 12. The approved plans show two catch basins located at station 10+50 right and left. The As Built plans do not show these catch basins. It is not clear why these catch basins were not shown on the As Built plans. VHB assumes they were not constructed. Omission of these catch basins allows more runoff to flow down Foxwood Drive. With the omission of these Page 4 of 12 catch basins and given the severity of the roadway grade, the drainage system does function as designed. 13. The As Built plans show a catch basin located at station 13+50 right. The approved plans do not show a catch basin in this location. It is not clear why this catch basin was constructed in this location when it was not proposed. 14. The As Built plans show "outlet standpipe structures" in the detention basins. The approved plans show flared end sections in these locations. 15. The As Built plans show a 24 inch reinforced concrete pipe (RCP) from a drain manhole, station 3+40 center, to a drain manhole, station 2+30 right. The approved plans show a 18 inch RCP in this location. It is not clear why a larger size pipe was constructed. 16. The As Built plans show a 10 inch plastic pipe from the outlet standpipe structure to the flared end section in the detention basin near Salem Street. The approved plans show a 12 inch RCP in this location. The Rules and Regulations (section 7.N.12) require a minimum pipe size of 12 inches and that all drainage pipe be reinforced concrete. It is not clear why a plastic 10 inch pipe was constructed. 17. The As Built plans show two walls at the entrance of Foxwood Drive at the intersection of Salem Street. These walls were not shown on the approved plans. Also, the westerly wall is constructed over a drainage pipe. The presence of this wall over the drainage pipe and associated drainage easement will likely cause a maintenance problem for the Town in the future. 18. According to condition 11 of the Special Permit, street lights must be provided along the switch back portion of the roadway. Recent site visits indicate that no lighting has been installed. The Special Permit also requires that a plan showing light layout be submitted by the Applicant and approved by the Planning Board. It is not clear whether this plan was submitted to the Planning Board. 19. In general the As Built plans show street trees on both sides of the roadway that are spaced approximately 75 feet to 80 feet apart. In several locations, the As Built plans do not show any street trees. The Rules and Regulations (section 7.E3) and the Special Permit (condition 5g) require that the street trees be spaced 50 feet apart. During a recent site visit, several trees do not appear to be back-filled and several trees appear to be Page 5 of 12 planted in saturated areas. 20. The intersection of Foxwood Drive and Weyland Circle was not constructed according to the approved plans. The traffic island and median were not constructed. 21. The combination of steep vertical grades and sharp horizontal curvature (100 -foot radii) creates an undesirable driving condition particularly in ice/snow conditions. This undesirable driving condition exists in three locations of the "switch -back" area of Foxwood Drive. This undesirable driving condition is exasperated by the breakout of ground water from the slopes onto the roadway surface. The ground water on the roadway surface freezes in the winter and creates a potentially hazardous driving condition. This undesirable driving condition is reinforced by the action taken by the North Andover Public Schools where,bus service was eliminated during winter months (see letter dated 12/8/97). The waivers that were granted by the Planning Board are listed above in the Approved Plan Compliance with Rules and Regulations section. VHB would not have recommended approval of the first two waiver requests regarding centerline radii and roadway grades at the "switch back" locations. 22. The approved Definitive Subdivision profile shows a vertical curve located at station 21+50 (near the intersection of Foxwood Road and Weyland Circle). This vertical curve does not have adequate sight distance for a 30 -mph speed. The minimum stopping sight distance required on a local road for a speed of 30 -mph is 200 feet. 23. The short horizontal curve located between station 12+50 and 13+50 is awkward and appears not to be necessary. It appears that the Applicant's engineer proposed this curve to achieve required frontage requirements for Lot 9, 11,12 and 13. It would have been appropriate to place a higher priority on the horizontal roadway alignment and propose a smoother horizontal alignment. It appears that this alignment affects driver comfort and perception. 24. The approved Definitive Subdivision plans do not provide for roadside ditches in cut areas adjacent to steep side slopes. Roadside ditches in cut areas intercept surface water from adjacent side slopes before it reaches the roadway. These ditches would also capture ground water breakout. 'Standard engineering practice dictates that roadside ditches are necessary in roadway cut sections. 25. The approved Definitive Subdivision Plans show one typical section for Page 6 of 12 both subdivision roadways. This typical section indicates that side slopes will be constructed at a slope of four feet horizontal and one foot vertical (4:1). Side slopes of two feet horizontal and one foot vertical (2:1) were constructed in several areas along Foxwood Drive. 26. The approved Definitive Subdivision profile shows a centerline grade of 4% and greater beginning from the exterior line of the Salem Street intersection and proceeding up -station along Foxwood Drive. While this design meets the requirements of section 7.A3.b. of the Rules and Regulations, it is an undesirable condition. Given the steep centerline profile and potential icing conditions in the winter near the Salem Street intersection, a level area of at least 50 feet would be more desirable. The As Built plans show that the roadway was constructed. "flatter" than the approved plans proposed. This results in a flat area approximately 35 feet in length 27. The language of section 7.C.2 does not clearly define how a driveway should be constructed to prevent roadway water from pending in front of the driveway. The approved plans do not have any construction details for driveways. A detail for driveway construction should have been included. 28. Section 7.C.5. of the Rules and Regulations suggests that retaining walls be constructed if maintenance of side slopes is impractical. Clearly, maintenance of slopes of 2 feet horizontal to 1 foot vertical (2:1) is difficult. It is not clear, however, if the Town will be required to maintain slopes. Regardless, it would have been appropriate to consider the use of stone walls in areas of steep slope. 29. Section 7.N.13 allows the Planning Board to require under -drains if the groundwater table is sufficiently high and roadway cuts are severe. It is not clear whether the Planning Board was aware of the high ground water elevation. Review of correspondence yields the following: A total of four test pits were taken in cut areas on the roadway side slope; two test pits were taken at station 8+00 left and two test pits were taken at station 15+00 right. These test pits show that ground water exists approximately 4 feet below the existing ground surface. No additional test pits were taken to determine ground water elevation. Given the results of the test pits and the depth of cut at these locations, the design should have addressed groundwater. Page 7 of 12 It would have been appropriate to perform additional test pits to determine the ground water elevation throughout the subdivision and design a subsurface drainage system for the roadway and lots. Also, the ground water elevation and the potential for related problems must have been apparent during construction of the subdivision, including the upper portion (Weyland Circle) of the subdivision. Mitigation to address the groundwater should have been implemented at this time. The Applicant's engineer included a note on the cover sheet of the approved plans. The note directs the Contractor to provide sub -drains (under -drains) at locations specified by the Department of Public Works. The design of a subsurface drainage system would have been more appropriate to include in the plans than a note. Standard engineering practice dictates that construction details of a sub -drain be provided and that locations of the sub -drain be shown on the plan. 30. While section 3.C, Seepage Test Data, only requires test data for areas not served by Town sewer, additional test pits to locate ground water elevation would have been beneficial during design. This is appropriate considering the depths of the cuts proposed. It is also appropriate considering the impacts ground water can have on a roadway. Potential impacts are as follows: • Premature pavement failure caused by a destabilization of the gravel base course from the presence of groundwater. • Potholes and frost heaves. Slope instability and ground water breakout • Icing conditions on the roadway surface. 31. The approved Definitive Subdivision plans show two proposed detentions basins. There are no apparent emergency overflow provisions for either of these detention basins. Typically, an emergency overflow is designed and constructed in the detention basin so that overflow resulting from a storm greater than the 100 -year storm can be controlled. 32. VHB made a cursory review of the drainage report entitled "Drainage Analysis for Foxwood in North Andover", dated November, 1993. Review of gutter spread calculations indicate that the spacing of catch basins should have been closer. Gutter spread is a term that describes the width of accumulated roadway runoff at a catch basin location as measured from the face of curb towards the middle of the road. Page 8 of 12 Also, given the winding nature of the roadways, catch basins located at each curve would have been desirable. 33. The correspondence files contain site reports on a weekly basis and it appears that these site reports served as the environmental monitor. After reviewing the content of these site reports, it appears that the focus -of the reports was to provide the status of site stability, erosion control and construction progress. These reports do not appear to indicate areas of non-compliance with the approved plans as required in the Special permit. The environmental monitor should have identified and documented areas of non-compliance and general construction related issues. For example, groundwater problems apparently were evident during earthwork operations and solutions to these problem would be easier at the time rather than now. 34. The intersection configuration of Foxwood Drive and Weyland Circle was altered from the configuration shown in the approved plans. The delta island and median strip were not constructed. As a result, the intersection has no clear definition and approaches to the intersection are not channelized effectively. When the delta island and median were removed, it would have been appropriate to reduce the curb radii so that the intersection would have been "tighter". This would have defined the ! intersection better. C. The EnQ'neer' g Assessment and Review Report, prepared bLVanasse Hangen Brustlin,hc. and dated January 26, 2000, reports the following additional issues relating to the subdivision. 1. Potable Water Booster Pumping Station. Various letters indicate that there are outstanding issues relating to whether the pumping station functions properly and has been maintained properly. 2. Conservation Commission's Violation Notice issued by in February, 1996. There is no evidence in the files that the Conservation Commission has issued a certificate of compliance for this project. 3. Roadway Crown on Weyland Circle. Recent site visits indicate that a portion of Weyland Circle has been re -paved and that pavement leveling was utilized to enhance the roadway crown. It is not clear whether the earlier ponding problems have been solved by this action. 4. Subdivision easements. There are claims by the subdivision residents that problems exists with property lines and easements. Page 9 of 12 5. Various Punch Lists (see Appendix M. It is not clear what items have been addressed by the -Developer and what items are still outstanding. 6. Open Space I Trails. Refer to a letter.dated June 2, 1998 regarding open space outstanding issues. 9. Additionally, there are violations of the wetlands act in the subdivision created by the developer. 10. Finally, school bus operations have been restricted in the subdivision due to the construction of the roadway (see school department correspondence attached to request for enforcement.) As it relates to the deficiencies in the sprinkler systems, it appears that the Fire Chief has contacted the installer to discuss the installation issues, but the installer has not been available to meet with the Chief. It appears that the Fire Chief at one time intended to ask the state Fire Marshall code compliance officer to assist Mi'compelling compliance, but there has been no tangible enforcement effort to date. The Town's fire inspection procedures for inspection, testing and plan submittal for sprinkler systems have been updated, due to what appears to have been gross error in the inspection of the Foxwood systems. Apparently, now plans will be kept Cd n file for all residential sprinkler installations, as -built plans must be submitted for residential prinkler systems prior to sign offby the fire department, and inspection test forms have been eveloped and will be used by the fire inspector for each residential fire inspection. However, none of these new procedures will benefit the residents of Foxwood, who, in reliance upon the issuance of certificates of occupancy, purchased homes that are in violation of code and in violation of the special permit and other approvals which authorized the construction of the subdivision and the homes therein. They are now in a situation where, their sprinkler systems will most likely be inspected during the smoke detector inspection before a sale of any of the properties in the subdivision. In the alternative, they will be forced to advise any potential buyer that there is a code violation. As it relates to the defects in the subdivision as a whole, the Town has released the majority of the security for the improvements, and is left with insufficient funds to complete the work as approved. Demonstrating that the deficiencies in the subdivision will most likely never be rectified by the developer, the Planning Board has agreed to waive the requirement for a street lights on the switch back turn, except for two street lights, and, although there are significant areas within the no -cut line that have been cleared, the Board will not require re -planting in those areas. The result of the above history of a continuing lack of enforcement is that the residents of the Foxwood subdivision are left with severe deficiencies in their subdivision (causing, most notably, safety problems hampering school busses and emergency vehicles from serving the subdivision), Page 10 of 12 i which result in a diminution in the value of their properties, and have substantial fire code violations, which they must remedy at great cost. This circumstance has been known to the Town for months, but the Town has failed to take any action to enforce, to remedy the problems, or to compensate the property owners for the damages which they have incurred as a result of the negligent enforcement by the Town of the provisions of the permits, approvals, by-laws and regulations governing the construction of the improvements and the homes in the subdivision. As a result of the foregoing, Pursuant to the provisions of M.G.L., Chapter 40A, Section 7, by letter dated and mailed on April 12, 2000, received on April 13, 2000, demand was made upon the Building Inspector of the Town of North Andover for the following relief- 1. elief 1. Enforcement, against the developer of the subdivision, and the developer's agents, of the Conditions contained in the Special Permit issued by the Planning Board on February 14, 1994; 2. Enforcement, against the developer of the subdivision, and the developer's agents, of the f:o) Conditions, contained in the Covenant securing performance under the subdivision approval issued by the Planning Board on February 1, 1994; 3. Enforcement, against the, developer of the subdivision, and the developer's agents, of the p,r, Conditions contained in the Covenant securing performance under the subdivision approval issued by the Planning Board on February 1, 1994; 4. Enforcement, against the developer of the subdivision, and the developer's agents, of National Fire Protection Association Standard for the Installation of Sprinkler Systems in one -and two -Family Dwellings and Manufactured Homes 13D (x994 Edition); 5. Enforcement, against the developer of the subdivision, and the developer's agents, of 780 CMR 426.5, Fire Suppression Systems. A copy of the request for enforcement is attached to this petition. ? Thereafter, the Building Inspector did not respond to the request for enforcement witrhin_�ie reouired fourteen day period. However, the Building Inspector did issue a letter on May 1, 2000, a copy of.which is attached to this petition. In that letter, the Building Inspector refused to take enforcement action at this time, citing a letter from the chairman of the Planning Board to the effect that the Planning Board is in the process of resolving outstanding issues with the developer. The applicant directs the board's attention to the following: t, T __ rte 1. The Planning Board's reliance upon the Vanasse Hangen Brustlin, Inc. report in its fir, response to the request for enforcement supports the petitioners' case, for the deficiencies cited by the petitioners in their request for enforcement are supported by that report. Page 11 of 12 ri 0 N cn v� 7 I LO 0 m LLE 9 N. `u K 1,J rq Ep!a sa m zNd N�UU AL '� m N � d Eo Eo W ElX05 C ' p� m Q_ v'imz. ,w N QQao Z as Y ❑ x 3 ❑ �- m a�,s_„ q� _ Ln c O ❑dna s oii v � W _ LL v l0 N z d i y��- U ❑ U 3 O - El W Q = U '�, ��J ° ❑ ' H m wm„- - _ a i❑ �❑ - •� ate, m _ s% t l.wY �a _ c#2 1 .2 E M �yz o❑o °`' tEu M M El •� V ❑ y - O E d - � CD W da Z RE m Of Ul yy Q i0 O'c dE LL c H LL fC � - - !a E d .3 m '>g y _ y g� o . X w a❑ W o a mz X W = m 61 .d U j d H iT0 Y _ N y f Ez W LL W. d H ._ �z, d m a _ fr e� ❑ o = 0 3$ r E � LLE 9 N. `u K 1,J L.f4s.rye' o - Y `�j V V V o 'V ,® y© 0 0 im Co AL '� � d m L � yo O N QQao Z m A r - 17,2 LSI. c W uJ Cos. S 3 ❑ �- a�,s_„ Ln c O `r .h •- CLj 8 .. � W _ LL v l0 N z d i f O��LL El W Q = U L.f4s.rye' o - Y `�j V V V o 'V ,® y© 0 0 O O O O O O O O O O J. oJnn- Jv>3mmo a� ��3N m m o 0 0 o C*, c�.< n� a� Q S1 .i Fc° .*.7 m m n 7 mmo o m �c7=*• n='���o�' moEr7 ya7 �•J'-,m m mnEm dcm�a �y mNmS .3 nmca J�(0(D N,y 00 omom o:nmdoo ID O,<u, o< mm�C�m� �o �m �0� m N O« S S (D O J N fn N O .Ow d N O d "O f0 CAN C fn y T C N_ m -n O N N fD - 9, C< 0 0 Z p O< 0 '+ j.0 = N O O (n J O I'D m crony• _o oa"o ,n fDmd�n ..O mot ' ?mg.o3 mv,D o"2 3 ar 2' y d .c m e `-'•d " m w J N c 3 \� c�°cno �m-'� 26 F mmyoo <ao O cc".w - m <* (0 F O m O < O O y O 'o fo a a" s a o aim = n p .C' ,p w y r► m d m Q mn 7 j m <y o �.o G -o �'-J•.c T. 0ic�m > c2yza�� O• O m .w J N O� C S O 10 � d O V, � J O "O N D fD O O' '� N� C �•��_ <O - �• m N m m N �. N n J'�• C fp f0< d O Q m an d fn_ vJ yO. N.=. m m J 'O O m X O tD = n d C n O J G m C O N y S O O m N O n 0 D �p nN m `� '•.='3•0< 3 m <° n.am c� y c<-i'm �.._�� <o mn m c m o m < c J CS N O (p ' J �. n (D d N � 69 "' < ^. N • Vi < 69 T � � n •+ y c Z c< n S m< -� m ur o m e �^p cn m cn o c, J- A I of =°''m' X00 of �.� naxogc ��y om oo F(p O momma o D cm��. _mm= WoHm-mmo 3 '<JnO3 Od<On,i, J<�'ad3hm 2 <N ,• I <ctmmD ml i -JJ° -oomm< yti '�mI�n,-oS .J»n dSJ Hd O mJ cm E m a I m < 3 nOO Am O a JC m -S 3 n3 0� Wim°' �' � Hm m amnm n r.m a�o�'?<o �c3 mm3Q<mo.o u,n "cam `"m 0�omoco-°' 3 J j`n d O ' < O -p n- nm� QFm mm� on ••2o=.co m m' 7 _ -.< C w c- , 0 91 s m 3 o 3 X03 �� swaimp�0 m .Jr L m t9 O fn O N 3 y m n C y Cwmn ME 0 �<O4nO Nc,m®J - = -a :m °° o-90 ' m m n. c m n o n<o m p vi �o y 3 o<i 3 o m x o Q m ,mJ, r p•..O' O _.. _ W N A [n '..r m O O 69 m m m d O m .w N G N a m N O 1 cNnXn� �.u, m V 0 = 0 O i. . f0 N O d �.� O O "" m . n t0 n m F -_ - y J m' F' m Z F- .. o m m p m _ n^ T_'n'^•"T d^ T fD .n c my, m 3 m x n X 2 J J' A c m O H 'i v ti C '< -6 3 -6 10 � m a ti �' 3 -mj-m ni0 mama os� m.> mm3 3S v mm., --." o m _�_ o, 'm o. O w m'� d cy'7 70 • y .J.. K Q F 1 O F n o m J A o y 3" a W K, '2 -� m 0 m J o • �H sin ,� J'in J �p o m ' J oa �•V7'.a��. ate.?. C1 J m o Q.Z DnB DL c N m9 <p nmm _. m cora m T .+d o .. _. ci �.�», QDWJ-O Q0 - L W o A'�` 'Pw A-• N -C O< - N ,O NO.S= O » j m n m -3 ti O m ni m m< .57 7 0 T, 0 m rn m �9. Tm.o m'• ..� �o�O �;-1 0 �mv,3 °'� aJ o-< o 0 ID m .. C m i w H o' m m J C- Z °' 7 -• m o H o C ,< o -- N O - N' - C N C7 N O O. �� NA -•"O O d Vl fD O N< nsi m s -cD C a S.mn m - 270 o m i o. w o. � •• - o m - - p' -o n' m .. o c co m m D o o y o F o po. oo< c3J aoa m< �'<Jno" 'p Jo �< m n ti 3 m < s m m D c co_ �' m• o- m m �� m m Cn m< x m ao oa < o • o T r m oET m < o m 1 y n m m y m m y m o m r Town of North Andover 7-} t N O R T yy oi�^l"LCE Ol�^ O .��a '1 Al Y a� CONIMUNITY DEVELOPMENT ASND SERVICES Y -70 X 27 Charles Street a Norah Andover, iNfassachusects 0 i I I. SCOTT '2C:0r i33 9�� I Fax (973) TO F, AX Number: F^0N1: DATE: SUEDE, --T: FAX TrGnsmiSSion 7 F ; 66U�- 9,6 -?- Tow .9 of Nor"L Andcver Zoning Eoard of r,ppe=ls FA;(: 978-688-9542 FHONE: 978-688-9541 �A 3 v Tctai number of paces:_ RENIAR,KS. paces - A" is a Iax containing your legai notce..As you are aware, tie coached legal notice has to be placed with the legal notice department of the Lawrence Eacie-Tribune and it is your resuonsibiiity to do so as -soon -as -possible in order to meet the required deadline. Failure to place the legal notice in the paper within the required deadline wiil mean that you will not be able to be placed on the ZEA acenda for the upcoming meeting. The phone number for the Eacle Trbune is: 9i8 -58c- i 000, ext 412, should you require further assistance. Nil/',ax Town of North Andover tAoR OFFICE OF -1%°.<;``° COMMUNITY DEVELOPMENT AND SERVICES ° 27 Charles Street `� North Andover, Massachusetts 01845 WILLIAM J. SCOTT SSgcN Director (978) 688-9531 Fax (978) E May 1, 2000 James R- Senior, ESQ. 384 Park Street Suite 207 North Reading MA 01864 Re: Foxwood Subdivision, North Andover Dear Attorney Senior: I am in receipt of correspondence from Allison M. Lescarbeau, Chair of the North Andover Planning Board. For the past sir months the PIanning Board has been attempting to resolve issues between the developer (Evergreen Management Company) and the residents of the Foxwood Planned Residential Development. Pursuant to Ms. Lescarbeau the Town has also engaged the engineering Etrm of VHB, Inc. to perform an assessment review for the Planning Board. A copy of Ms. Lescarbeau's letter is enclosed for i review. It is apparent by Ms. Lescarbeau's letter that the Town has a sincere interest and is still in negotiations with the developer to resolve the outstanding issues of the Special Permit conditions. The correspondence also states that the residents of Foxwood have been part of the on going resolution and will continue to be informed as to the progress of the Planning Board and the developer on the outstanding issues. I am of the opinion that enforcement action can not be undertaken until the issues of the Planning Board and Evergreen Management Company, which are presently under discussion, are resolved - Very truly yours, D. Robert Nicetta, Building Commissioner DRN:jm Cc: Terri Ackerman, Interim Town Manager William J. Scott, Director DC&S Attorney Thomas J. Urbelis, Town Counsel Planning Board Enclosure Certified Mail —Z 370-627 -412 File: Foxwood- Anomcy Senior BOARD OF APPEALS 688-9541 BUILDING 688-9545 ... CONSERVATION 688-9530 HEALTH 688'•9540 PLANNING 688- WH I.IAM J. SCOTT Director (978)688-9531 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° 27 Charles Street North Andover, Massachusetts 01845 �9°••.,° SSACHUSI May 1, 2000 James R. Senior, ESQ. 384 Park Street Suite 207 North Reading MA 01864 Re: Foxwood Subdivision, North Andover Dear Attorney Senior: Fax(978)68,1 I am in receipt of correspondence from Allison M. Lescarbeau, Chair of the North Andover Planning Board. For the past six months the Planning Board has been attempting to resolve issues between the developer (Evergreen Management Company) and the residents of the Foxwood Planned Residential Development. Pursuant to Ms. Lescarbeau the Town has also engaged the engineering firm of VHB, Inc. to perform an assessment review for the Planning Board. A copy of Ms. Lescarbeau's letter is enclosed for review. It is apparent by Ms. Lescarbeau's letter that the Town has a sincere interest and is still in negotiations with the developer to resolve the outstanding issues of the Special Permit conditions. The correspondence also states that the residents of Foxwood have been part of the on going resolution and will continue to be informed as to the progress of the Planning Board and the developer on the outstanding issues. I am of the opinion that enforcement action can not be undertaken until the issues of the Planning Board and Evergreen Management Company, which are presently under discussion, are resolved. Very truly yours, n D. Robert Nicetta, Building Commissioner DRN.jm Cc: Terri Ackerman, Interim Town Manager William J. Scott, Director DC&S Attorney Thomas J. Urbelis, Town Counsel Planning Board Enclosure Certified Mail —Z 370-627 -412 File: Foxwood—AnomeySenior e. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9544 PLANNING 688- Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 W LUAM J. SCOTT Director (978)688-9531 April 26, 2000 Mr. Robert Nicetta Building Commissioner 27 Chanes Street North Andover, MA 01845 Dear Mr. Nicetta; t NORTFy O �(c 0 .o AC us, - Fax (978)688-9 I am in receipt of a copy of the letter you received from Attomey James R. Senior on behalf of a group of residents from the Foxwood development. The Planning Board is in the process of resolving the outstanding development issues at the Foxwood Planned Residential Development with Evergreen Management Company (the developer). We have.been working with Evergreen for the past six months toward that end. As you are aware, the town hired VHS Inc. to perform an engineering assessment and review in order to adequately address outstanding issues. In addition the Planning Board and Department of Public Works have performed several inspections. The subdivision is not complete at this time and I expect there will be modifications to the decision filed as well as settlements of outstanding issues. The Planning Board will continue to see that all of the conditions in the Special Permit are met. The residents of Foxwood have been a part of this ongoing resolution and we will continue to keep them informed. The Planning Board will keep you informed as to our progress so that you may in tum update Mr. Senior. Thank you for your attention to this matter. Sincerely, Alison"lVf Lescarbeau Chair, No. Andover Planning Board cc: Mr. William Scott, Community Development Director North Andover Board of Selectmen Ms. Teri Ackerman, Interim Town Manager - ---• rt* mmrr - 100 olc.+� ARP -9530 HEALTH 683-9540 PLANNING 688-95- u y Town of North Andover OFFICE OF C®1VIMUNI'TY DEVELOPMENT AND SERVICES 27 Charles Street. North Andover, Massachusetts 01845 WILLIAM I SCOTT Director (978)688-9531 Memorandum TO: Foxwood Residents From: William J. Scott RF: Update July 1999 Date: July 26, 1999 Introduction V NOR' ZoEt,��o O A 9 Fax(978)688-9542 The following report is divided into two sections, Automatic Sprinkler Systems, and Subdivision/PRD Issues. These issues represent two distinct legal jurisdictions, and as such have different methods of resolution. This report is the first in a series of regular monthly reports that will be provided to the residents of Foxwood to insure you are informed of the project' status. Automatic Sprinkler Systems As a result of the discussions at the meeting held on June 21, the following are three expectations for the Town: 1. The Town will coordinate with the State Fire Marshall's Office to enforce the license standard, which the licensed installer should have complied with in Massachusetts that is the NFPA standard. 2. Notwithstanding the opinion of Town Counsel that the Town has no legal liability as a result of this matter and admitting no such liability, the Town would give serious consideration from owners for a financiai settlement. 3. The Town would consider amending the Special Permit to reflect the actual and/or corrected installation, the objective being to remove any potential problems for sellers and buyers in the future. Subdivision/PRD Issues The last panel on the attached sheet, "Foxwood PRD Current Issues", lists the issues remaining for the subdivision as presented at the June 21s' meeting. The process is moving forward as outlined in the attached schedule titled Foxwood Recent and Future Process". Since the meeting the following has occurred: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1. Engineer Review: A cost estimate in the amount of $6,000 for the analysis by an outside engineer has been received. The engineer has not estimated the last step of the analysis, which involves the solution development. The firm indicated in the absence of the problem identification established in the prior steps, they are unable to accurately determine the fee for the solutions step in the scope. This will be provided subsequent to the first three steps. 2. Meeting with Developer: I have met with Mr. Phillips who represents the developer. We reviewed the subdivision items and he indicated that he would provide a written plan for completion of the items. This is not part of the process discussed at the above meeting. However, I will pursue the completion with Mr. Phillips in a parallel course with the outlined plan to insure that all reasonable options to completion are explored. 3. wilding Commissioner Enforcement: The attached letter was forwarded to the developer requesting funds to cover the cost of the estimate for the outside consultant. Pending the response I will move to the Planning Board action if necessary as outlined in the flow chart. A subsequent letter will be forwarded this week. 4. wilding Permits: A few of the residents did not receive a copy of their building permit file at the meeting. Within one week of the June 21 meeting we forwarded the files to those households missing the permits. The files not provided at the meeting represent the first homes constructed and were filed in the Building Department archival section. Every household should have their permit information. If not please call Jeannine McEvoy, at the Building Department 688-9545, and provide her with your address, she will pull the file and send you a copy. 5. Review Committee) Jack Devlin of'145 Weyland Circle has indicated his willingness to form the committee referenced in the attached scope. Once the engineering firm begins the process, the firm is interested in reviewing the subdivision with resident representatives to determine seasonal impacts on. the subdivision infrastructure. C. Conservation Commission: Five lots in the development are affected by an Order of Conditions issued by the Conservation Commission. The lack of a Certificate of Compliance on these lots prevents further permit applications related to wetland issues. I have contacted the Conservation Administrator and requested that she assist in the processing of the Certificates for the lots where the work is complete. She will work with the Commission on the resolution for those lots. Enclosures: 1. Scope for Engineering Review; 2. Presentation Board reduction : "Foxwood PRD Current Issues"; 3. Foxwood Recent and Future Process flow chart. WILLIAM J. SCOTT Director (978)688-9531 Memorandum Town of North Andover NORTIy OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 10 9 27 Charles Street 1 " North Andover, Massachusetts 01845 TO: Foxwood Residents From: William J. Scott, Community Development and Services Director RE: Scope for Engineering Review ` Date: June 21, 1999 Fax (978) 688-9542 As you may be aware the Town has made a commitment to review the Foxwood development to determine what led to the current issuesFnow these issues can be addressed. This request arose during the process of the developer attempting to receive approval of the roadways for acceptance. During a hearing with the Board of Selectmen, the Board requested an engineering review of the project. The Planning Board concurred with this need and the selection process for an engineer began. We have completed the engineer selection and will be contracting with Vanasse Hangen Brustlin Inc.. They represent a firm of over 500 employees that will provide the diverse expertise to answer any question. The scope for review is outlined below. The intent of the scope is to focus on the Planned Residential Development (PRD) and Subdivision approvals to determine what aspects are in compliance and designed property. Scope for Engineering Review Foxwood 1. Compliance regulations: The engineer will determine if the plans were designed and implemented within the parameters of the regulations effective at the time of approval. The engineer shall indicate areas where conformance is lacking. A report on the issues per regulatory section both local and state will be created. The Town will review the report and determine where if any waivers were granted to address the lack of conformance. 2. Compliance with Plans: The engineer will determine if the construction is in compliance with the standards, practices, and approved plans. The engineer will make this determination from the approved plans, relevant regulations, correspondence, orders, decisions, and other applicable information that forms the outcome for construction guidance. 3. Engineering review: Regardless approved plans the engineer will establish where the plans exceed, meet, or do not meet proper engineering standards. The standards used shall be those employed at the time of the design and review. The engineer will include a report on what testing should have been preformed to create appropriate plans. 4. Solution: If problems are identified the engineer will establish a design concept for the solution of the problem. The solution will provide cost estimates, and construction details. The solution shall be reasonable in scope and address the needs of the residence while minimizing impacts to property. I would recommend appointing a three-member subcommittee of residents to serve as liaisons to the Community Development office and the engineer to assist us in understanding the issues facing the development. If you have any question or ideas please contact me at the above number. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Subdivision Chapter 41 section 81 k to 81 GG - North Andover Subdivision Regulations Creation of lots Review of Roadway and drainage design Special Permit PRD Chapter 40A - North Andover Zoning By -Law => Development layout & home placement => Layout and Preservation of open space Orders of Conditions Chapter 131 310 CMR - North Andover Wetland By-laws Foxwood PRD Site Constraints and Issues Slope of Roadway waived prior to approval Drainage impacts downstream under enforcement order conservation => Steep side slopes stabilization =:> Impacts on wetlands downstream under enforcement order conservation => Length of Roadway waived prior to approval ! Foxwood PRD Current Issues Drainage impacts downstream needs engineer review Weeping from slope cuts " " Stabilization of slope cuts Lighting waiver issue Restoration and completion of tree planting Tree Cutting difference from approved waiver issue Open space completion of amenities signs Catch Basins in driveways Location of homes and setbacks Lack of monitoring by developer after September 27, 1997 L. 1� _ W a— 0� o m 7 % D. 5; 9 (D � M E = n m En (a § § °co / / (D =37_ _ E s� a X �Gy g 2fa ƒ a \ o -0 ¥g W gm -o m a § k &(n & k CD n ® ° R k cn(D Jm »@12---� > CD ƒ7ƒ/\ƒ� aCDfw— / — ay3a®22 W kE£ \&\-10 ® 3 CD 0 ---I & 0 o mRco ID CD - 0 w c CD @m02-0xm gggqT CD -0R o m c ® $ e w m CD 3 � J 8 7 2 8§\/ W 0 /§- / ± § —&k¥ § & 0 o 000 ®2_¥§g\� kyr = 8 = CD % R ®© § m 00 g m ) f � &$o R g & 2 2 CD /\ y� SR — co / 00 0 W 722 /7<2� 000 ®2_¥§g\� kyr 222c� 5 cn / % / Ca \ ƒ \ � �. 7 CE CD - -- � --- --- - CL . -- TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Robert J. I-lalpin Town Manager Automatic Sprinkler Systems EXPECTATIONS FOR TOWN 6/22/99 Telephone (978) 688-9510 FAX (978) 688-9556 1. The Town will coordinate with the State Fire Marshall's Office to enforce the license standard which the licensed installer should have complied with in Massachusetts which is the NFPA standard. 2. Notwithstanding the opinion of Town Counsel that the Town has no legal liability as a result of this matter and admitting no such liability, the Town would give serious considerationto a pt 1 from owners for a financial settlement. 3. The Town would consider amending the Special Permit to reflect the actual and/or corrected installation, the objective being to remove any potential problems for sellers and buyers in the future. June 18, 1999 Mark Johnson, Esq. 12 Chestnut Street Andover, MA 01810-3706 Dear Attorney Johnson: This letter is in reference to the Foxwood Subdivision project, specifically the Planned Unit Development Special Permit. In accordance with the Special Permit issued for the PRD the requirement for the provision of an environmental monitor has not been met. You were informed of this in the attached letter from the Community Development Director dated April 161h. Your failure to provide any form of response to the letter forces me to take appropriate enforcement action under the zoning by-law. As the special permit was granted pursuant to the by-law a violafion of the special permit is a violation of the zoning by-law. Pursuant to the by-law section 10.1 and 10.1.31 am requiring that you provide a remedy for the failure to provide an environmental monitor. That remedy shall be in the form of meeting the request of the Community Development Director, in accordance with the April 16th letter, by providing funds to the Town so that we may independently assess the completion of the subdivision and its compliance with the plans. You will contact the Town Planner, within 10 days of receipt of this letter to provide the necessary funds in an escrow account. The Town Planner will then begin the review process.. Failure to provide such funds in accordance with the original request in the attached letter will constitute a continued violation and your client will be subject to a $300 per day fine. The tolling of the violation will begin on the date of receipt of this letter if after 10 days your client has not taken action as identified herein. Your failure to make any contact after one month in regard to this specific matter indicates a lack of willingness to comply with the request. The deposit of funds to address the monitoring of the project will provide the Town with the necessary funds to establish that the project is completed properly. In the absence of the environmental monitoring position there is little or no evidence that the project was properly completed. I look forward to seeing this issued resolved within the context of the reasonable request that the Town has made. Sincerely, D. Robert Nicetta Building Commissioner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Q'1,NOR7i{ E � l t D , • OFFICE OF ` f �' O 3a . o� COMMUNITY DEVELOPMENT AND SERVICES. p 27 Charles Street North Andover, Massachusetts 01845 ��SSACHUSE��y VILLLkM J. SCOTT Director (978)688-9531 Fax(978)688-9542 June 18, 1999 Mark Johnson, Esq. 12 Chestnut Street Andover, MA 01810-3706 Dear Attorney Johnson: This letter is in reference to the Foxwood Subdivision project, specifically the Planned Unit Development Special Permit. In accordance with the Special Permit issued for the PRD the requirement for the provision of an environmental monitor has not been met. You were informed of this in the attached letter from the Community Development Director dated April 161h. Your failure to provide any form of response to the letter forces me to take appropriate enforcement action under the zoning by-law. As the special permit was granted pursuant to the by-law a violafion of the special permit is a violation of the zoning by-law. Pursuant to the by-law section 10.1 and 10.1.31 am requiring that you provide a remedy for the failure to provide an environmental monitor. That remedy shall be in the form of meeting the request of the Community Development Director, in accordance with the April 16th letter, by providing funds to the Town so that we may independently assess the completion of the subdivision and its compliance with the plans. You will contact the Town Planner, within 10 days of receipt of this letter to provide the necessary funds in an escrow account. The Town Planner will then begin the review process.. Failure to provide such funds in accordance with the original request in the attached letter will constitute a continued violation and your client will be subject to a $300 per day fine. The tolling of the violation will begin on the date of receipt of this letter if after 10 days your client has not taken action as identified herein. Your failure to make any contact after one month in regard to this specific matter indicates a lack of willingness to comply with the request. The deposit of funds to address the monitoring of the project will provide the Town with the necessary funds to establish that the project is completed properly. In the absence of the environmental monitoring position there is little or no evidence that the project was properly completed. I look forward to seeing this issued resolved within the context of the reasonable request that the Town has made. Sincerely, D. Robert Nicetta Building Commissioner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t 9-11-2000 1 : 34PM FROM DEVL 1 N SEARCH GROUP 9 978 725 8208 I !✓r' r� P.1 Town of North Andover OMCE OF COMMUNITY DEVEL,OPIMENT-'AND SERVICES / z 27 Charms Sveet North Andover, Massachuse'ts 018445 s�••,a WMLIAM J. SCOTT �•c=�� Dirocror (978) 688.9531 Fa+t (978) 68S -9S3: V. *?7.*4_ Mark -Johnson, Esq. i 2 Chestnut Street Andover, MA 01810-3706 Dear Attorney Jo,"cn: This letter is in reference to the Poxwood Subdivision project, specifically the Plcnned.Jnit Development Special Permit, In accordance with the Special Permit issued for the PRD the requirement for the provision of cin environmental monitor has not been met, You were informed of this in the attached letter from the Community Development 'uectcr dated April 161h. Your failura to provide any form of;esponse to the letter forces me to take appropriate enforcement action under the zoning by -low. As the special permit was granted pursuant to the by-law a violation of the special permit is o violation of the zoning by -low. Pursuant to the by-law section 10.1 and 10.1.31 am requiring that you provide a remedy for the failure to provide on environmental monitor. That remedy shall be in the form of meeting the request of the Community Development Director, in accordance with the April 161h letter, by providing funds to the Town so that we mcy :ndepencently cssess the completion of the subdivision and its compliance with the plans. You will contact the Town Planner, within 10 days of receipt c this letter to provide the necessary funds in an escrow accuurit, The Town Planner will then begin the review process. Failure to provide such funds in accordance witn the originol request in the attached letter will Constif0e c conffnued violation and your client will tJe subject to C $300 per day fine, The tolling of the violc;ion will begin on the date of receipt of this tette., if after 10 deys your client has not taken action as identified herein. Your failure to make any contact after cne month in regard to this specific matter indicates a lack of willingness to comply with the request, The deposit of funds to cid&ess the monitoring of the project wf11 provide the Town with the necessary funds to esteblish that the project is completed properly. in the ahsence of the er'vi(onmentoi monitoring position there is little or no evidence that the project was property completed. I look forward to seeing this issued resolved within the context of the reczsonabie request that the Town has mace. Sincerely, D. Robert Nicet'o Building Commissioner EOAI:� Or A21? :1IS 638•)54: 8C%L_')TNQ 683.9145 Z 370 870 171 U5 Postal Service Receipt for Certified Mail Pia Insurance Coverage Provided, Co riot use `or InimMarional Mail !See ravorse! Sen! o. POS CCS'SE: v,�70N 63S•9S3 . `. f I. IT IS CLEAR THAT THE SPECIAL PERMIT ISSUED BY THE PLANNING BOARD WAS ISSUED UNDER THE NORTH ANDOVER ZONING BYLAW AND CHAPTER 40A OF THE MASSACHUSETTS GENERAL LAWS MASSACHUSETTS GENERAL LAWS ANNOTATED PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VH. CITIES, TOWNS AND DISTRICTS CHAPTER 40A. ZONING § 9. Special permits Zoning ordinances or by-laws shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the ordinance or by-law, and shall be subject to general or specific provisions set forth therein; and such permits may also impose conditions, safeguards and limitations on time or use. Zoning ordinances or by-laws may also provide for special permits authorizing increases in the permissible density of population or intensity of a particular use in a proposed development; provided that the petitioner or applicant shall, as a condition for the grant of said permit, provide certain open space, housing for persons of low or moderate income, traffic or pedestrian improvements, installation of solar energy systems, protection for solar access, or other amenities. Such zoning ordinances or by-laws shall state the specific improvements or amenities or locations of proposed uses for which the special permits shall be granted, and the.maximum increases in density of population or intensity of use which may be authorized by such special permits. Zoning ordinances or by-laws may also provide that cluster developments or planned unit developments shall be permitted upon the issuance of a special permit. "Cluster development" means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land. A cluster development shall be permitted only on a plot of land of such minimum size as a zoning ordinance or by-law may specify which is divided into building lots with dimensional control, density and use restrictions of such building lots varying from those otherwise permitted by the ordinance or by-law and open land. Such open land when added to the building lots shall be at least equal in area to the land area required by the ordinance or by-law for the total number of units or buildings contemplated in the development. Such open land may be situated to promote and protect maximum solar access within the development. Such open land shall either be conveyed to the city or town and Page 1 of 13 accepted by it for park or open space use, or be conveyed to a non-profit organization the principal purpose of which is the conservation of open space, or to be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the plot. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case where such land is not conveyed to the city or town, a restriction enforceable by the city or town shall be recorded providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway. Zoning ordinances or by-laws may provide that certain classes of special permits shall be issued by one special permit granting authority and others by another special permit granting authority as provided in the ordinance or by-law. Zoning ordinances or by-laws may provide for associate members of a planning board when a planning board has been designated as a special permit granting authority. § 1A, Definitions "Special permit granting authority", shall include the board of selectmen, city council, board of appeals, planning board, or zoning administrators as designated by zoning ordinance or by-law for the issuance of special permits. North Andover Zoning Bylaw Section 2.64 The words Special Permit where used in this Bylaw shall mean a permit granted under the guidelines of Section 9 of Chapter 40-A of the General Laws. Section 2.65 The Planning Board shall be the granting authority of all Special Permits to Cluster Development, Planned Development District, (1985/15) driveways, nursing and convalescent homes, Watershed Protection District (1994/37), Wireless Service Facilities (1998/37) and large estate condominium conversions.... Section 8.5 Planned Residential Development (PRD) 1. Purposes: The purpose and intent of the regulations contained in this section are to Page 2 of 13 promote the public health, safety and gereral welfare of the citizens of the Town by providing for the following goals. a. To promote more efficient use of land in harmony with its natural features; b. To encourage the preservation of open space; C. To protect waterbodies and supplies, wetlands, floodplains, hillsides )1994/40), agricultural lands, wildlife, and other natural resources; d. To permit greater flexibility and more attractive, efficient and economical design of residential developments; e. To facilitate economical and efficient provision of utilities; f. To meet the town's housing needs by promoting a diversity of housing types. 3. Permit Authority: The Planning Board shall be designated as the Special Permit Granting Authority and shall grant special permits for PRD's consistent with the procedures and conditions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits) of this Bylaw. 5. C. Findings of the Planning Board: The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harmony with. the general purpose and intent of this section and Section 10.3 (Special Permit) and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and meets the purpose and intent of this section, which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the Zoning District in which the PRD parcel is located. If a special permit is granted, the Planning Board may impose a condition thereof that installation of municipal services and construction of roadways within the PRD shall comply with the requirements of the Subdivision Rules and Regulations of the Planning Board. II. IT IS CLEAR THAT THE BUILDING INSPECTOR HAS THE POWER TO ENFORCE AGAINST VIOLATIONS OF THE TERMS AND CONDITIONS OF A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD North Andover Zoning Bylaw Section 10.1 Enforcement The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of Page 3 of 13 the premises where such violation may exist. If the Building Inspector is so informed in writing, and declines to act, he shall, within fourteen (14) days of his receipt of such information give to his informant, in writing, his reasons for refraining from taking any action. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain, or abate any violation of this Bylaw. MASSACHUSETTS GENERAL LAWS ANNOTATED PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40A. ZONING § 7. Enforcement of zoning regulations; violations; penalties; jurisdiction of superior court The inspector of buildings, building commissioner or local inspector, or if there are none, in a town, the board of selectmen, or person or board designated by local ordinance or by-law, shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold.a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning ordinance or by-law; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning ordinance or by-law. If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or. board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. No local zoning law shall provide penalty of more than three hundred dollars per violation; provided, however, that nothing herein shall be construed to prohibit such laws from providing that each day such violation continues shall constitute a separate offense. No action, suit or proceeding shall be maintained in any court, nor any administrative or other action taken to recover a fine or damages or to compel the removal, alteration, or relocation of any structure or part of a structure or alteration of a structure by reason of any violation of any zoning by-law or ordinance except in accordance with the provisions of this section, section eight and section seventeen; provided, further, that if real property has been improved and used in accordance with the terms of the original building permit issued by a person duly authorized to issue such permits, Page 4 of 13 no action, criminal or civil, the effect or purpose of which is to compel the abandonment, limitation or modification of the use allowed by said permit or the removal, alteration or relocation of any structure erected in reliance upon said permit by reason of any alleged violation of the provisions of this chapter, or of any ordinance or by-law adopted thereunder, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within six years next after the commencement of the alleged violation of law; and provided, further that no action, criminal or civil, the effect or purpose of which is to compel the removal, alteration, or relocation of any structure by reason of any alleged violation of the provisions of this chapter, or any ordinance or by-law adopted thereunder, or the conditions of any variance or special permit, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within ten years next after the commencement of the alleged violation. Such notice shall include names of one or more of the owners of record, the name of the person initiating the action, and adequate identification of the structure and the alleged violation. The superior court shall have the jurisdiction to enforce the provisions of this chapter, and any ordinances or by-laws adopted thereunder, and may restrain by injunction violations thereof. Wyman v. Zoning Bd. of Appeals of Grafton, 715 N.E.2d 459, 47 Mass.App.Ct. 635, (Mass.App.Ct. 1999) Conditions of a variance or a special permit are subsumed in the provisions of c. 40A and ordinances or by-laws under which they are promulgated; they are part of the zoning law to be enforced. This is apparent from the text of G.L. c. 40A, § 7, which in the second sentence of the second paragraph, in relation to structures, speaks of actions to compel removal of violations of "any ordinance or by-law ... or the conditions of any variance or special permit...." Ibid., as appearing in St. 1975, c. 808, § 3, and with emphasis supplied. So it was that in Vokes v. Avery W. Lovell, Inc., 18 Mass.App.Ct. 471, 483-484, 468 N.E.2d 271 (1984), we wrote of enforcement of a limitation in a variance to one garage. See Chambers v. Building Inspector of Peabody, 40 Mass.App.Ct. 762, 766-767, 667 N.E.2d 895 (1996) (condition in a special permit about location of a building enforced); Bobrowski, Massachusetts Land Use and Planning Law § 7.4, at 275 (1993) ("The § 7 mechanism is also available to seek enforcement of conditions of a special permit, variance, or site plan review decision"). The building inspector, ZBA, and motion judge, sequentially, were in error in characterizing adherence to a variance condition as a private matter. A condition of a variance or special permit is Page 5 of 13 presumed to be inserted in the public interest, not a private interest. Cf. Beacon Hill Civic Assn. v. Ristorante Toscano, Inc., 422 Mass. 318, 320-324, 662 N.E.2d 1015 (1996). A violation of such a condition is, therefore, a matter of public interest, warranting the enforcement attention of the building inspector. III. LACK OF ENFORCEMENT BY THE BUILDING INSPECTOR OF THE TERMS AND CONDITIONS OF A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD IS REVIEWABLE BY THE BOARD OF APPEALS MASSACHUSETTS GENERAL LAWS ANNOTATED PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40A. ZONING § 8. Appeals to permit granting authority An appeal to the permit granting authority as the zoning ordinance or by-law may provide, may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of this chapter, by the regional planning agency in whose area the city or town is situated, or by any person including an officer or board of the city or town, or of an abutting city or town aggrieved by an order or decision of the inspector of buildings, or other administrative official, in violation of any provision of this chapter or any ordinance or by-law adopted thereunder. § 1A. Definitions As used in this chapter the following words shall have the following meanings: "Permit granting authority", the board of appeals or zoning administrator. § 14. Boards of appeal; powers A board of appeals shall have the following powers: -- (1) To hear and decide appeals in accordance with section eight. (2) To hear and decide applications for special permits upon which the board is empowered to act under said ordinance or by-laws. (3) To hear and decide petitions for variances as set forth in section ten. (4) To hear and decide appeals from decisions of a zoning administrator, if any, in accordance with section thirteen and this section. Page 6 of 13 In exercising the powers granted by this section, a board of appeals may, in conformity with the provisions of this chapter, make orders or decisions, reverse or affirm in whole or in part, or modify any order or decision, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. IV. ENFORCEMENT AGAINST VIOLATIONS OF THE TERMS AND CONDITIONS OF A SPECIAL PERMIT IS APPROPRIATE AGAINST THE PERSON WHO HAS VIOLATED THOSE TERMS AND CONDITIONS MASSACHUSETTS GENERAL LAWS ANNOTATED PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40A. ZONING § 7. Enforcement of zoning regulations; violations; penalties; jurisdiction of superior court The inspector of buildings, building commissioner or local inspector, or if there are none, in a town, the board of selectmen, or person or board designated by local ordinance or by-law, shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning ordinance or by-law; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning ordinance or by-law. If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. Wyman v. Zoning Bd. of Appeals of Grafton, 715 N.E.2d 459, 47 Mass.App.Ct. 635, (Mass.App.Ct. 1999) Conditions of a variance or a special permit are subsumed in the provisions of c. 40A and ordinances or by-laws under which they are promulgated; they are part of the zoning law to be enforced. This is apparent from the text of G.L. c. 40A, § 7, which in the second sentence of the second paragraph, in relation to structures, speaks of actions to compel removal of violations of "any ordinance or by-law ... or the conditions of any variance or special permit...." Ibid., as appearing in St. 1975, c. 808, § 3, and with emphasis supplied. So it was that in Vokes v. Avery W. Lovell, Inc., 18 Mass.App.Ct. 471, 483-484, 468 N.E.2d 271 (1984), we wrote of Page 7 of 13 enforcement of a limitation in a variance to one garage. See Chambers v. Building Inspector of Peabody, 40 Mass.App.Ct. 762, 766-767, 667 N.E.2d 895 (1996) (condition in a special permit about location of a building enforced); Bobrowski, Massachusetts Land Use and Planning Law § 7.4, at 275 (1993) ("The § 7 mechanism is also available to seek enforcement of conditions of a special permit, variance, or site plan review decision"). The building inspector, ZBA, and motion judge, sequentially, were in error in characterizing adherence to a variance condition as a private matter. A condition of a variance or special permit is presumed to be inserted in the public interest, not a private interest. Cf. Beacon Hill Civic Assn. v. Ristorante Toscano, Inc., 422 Mass. 318, 320-324, 662 N.E.2d 1015 (1996). A violation of such a condition is, therefore, a matter of public interest, warranting the enforcement attention of the building inspector. V. SPECIFIC VIOLATIONS OF THE CONDITIONS OF THE PLANNING BOARD SPECIAL PERMIT The developer has failed to designate an independent Environmental Monitor who was to be chosen in consultation with the Planning and Community Development Staff. The developer has failed to make the monitor available upon four hours notice to inspect the site with the Planning Board designated official. The developer has failed to cause the Environmental Monitor to meet weekly inspections of the project, meet weekly with the Town Planner and file monthly written reports to the Board detailing areas of non- compliance with the plans and conditions of approval. (Condition 1.) 2. The developer has failed to live here to the requirements of the fire department that all structures shall contain residential fires suppression systems, the design of which will be approved by the Fire Department. (Condition 13.) There are numerous deficiencies in the residential fire suppression systems, as outlined in the reports of the Fire Department. According to a report of the Fire Chief regarding and inspection which took place on May 27, 1999, the following circumstances exist: 1. None of the systems had pressure gauge is installed; 2. None of the systems had a spare sprinkler head cabinet with spare sprinkler heads; 3. There were some residences where additional sprinklers were needed; 4. Sprinklers were not installed in unfinished areas of the basements (all except 153 Weyland Circle.), and there was no provision for the future inclusion of these heads; 5. Three houses had sprinklers omitted in additions or renovations; Page 8 of 13 6. Omega heads were found at fourteen houses. 7. Sprinkler heads were blocked by construction features in many areas. 8. Sprinkler heads were painted in many locations. 9. Sprinkler heads were in improper locations in the garages, too low or obstructed; 10. The fire department inspectors should have noted the location and type of sprinkler heads in the garage and finished areas and whether or not they were spare sprinkler heads of adequate number and type available. Deficiencies were otherwise cited in a Memorandum from MSFPE Fire Protection Engineer Rodrique to Chief Dolan dated June 1, 1999: 1. Under NFPA 13D, the pressure gauge shall be installed to indicate air pressure on fire systems and on the water supply pressure tanks; 2. Pendent and upright sprinklers shall be positioned so that the detectors are within 1 to4 in. of the ceiling; 3. Side wall sprinklers shall be positioned so that the deflectors are within 4 to 6 inches of the ceiling; 4. In basements where ceiling sprinklers are not required for the protection of piping or where metallic pipe is installed, residential sprinklers shall be permitted to be positioned anticipating future installation of a finished ceiling; 5. There follows in this report a list of properties with deficiencies in the installation of the sprinklers. 3. The developer has failed to donate the open space parcel. (Condition 4.c.) 4. The developer has failed to provide street lighting along the switchback road. (Condition 11.) 5. The developer has violated -the condition that tree cutting shall be kept at a minimum throughout the subdivision. The developer has violated the no -cut line as shown on the plan. 6. The developer has violated condition 18 of the Special Permit, which states "This Special Permit approval is based upon the approval of a Definitive Subdivision Plan", for the reason that the subdivision was not constructed in accordance with the approved plan. 1. A memorandum from the Director of Engineering to the Town Planner dated June 30, 1998, recommends no additional release of bond funds, due to deficiencies in the construction of the subdivision, characterizing the defect in the street construction as being major: 1. Approximately 50% of Weyland Circle does not meet design requirements. The slope and crown are less than the minimum resulting in sheet flow of Page 9 of 13 water and freezing; 2. Replacement, re -planting and trimming of trees is required. 3. Site visit revealed that some drain manholes were buried in front yards; ties are needed to these structures. 4. Retaining walls are built in easements. 5. Side slopes were slipping and reed stabilization. 6. Groundwater was breaking out on Foxwood Drive. 7. Stone bounds are not certified. 8. Punch list items remain. 9. The booster pump was tested. Pressure dropped 223 lbs., which is unsatisfactory. There was no water flow to the buildings and insufficient flow for firefighting. 10. No sewer mitigation funds were paid. 2. An Engineering Assessment and Review Report, prepared by Vanasse Hangen Brustlin, Inc. and dated January 26, 2000, (a copy of which is enclosed with the attached request for enforcement) reports the following defects in the subdivision. 1. While a waiver was granted by the Planning Board for section 7.A.4.a. (length of a. dead-end road shall not exceed 600 feet for zoning district R-2), the approved Definitive Subdivision Plans do not appear to comply with the requirements of section 7.A.4.c. Section 7.A.4.c. lists four conditions that must be met before the length of a dead end street can exceed the requirements in section 7.A.4.a. These four conditions are as follows. • The roadway might be extended into adjacent property in the future. • No wetlands shall be impacted. • Topography of the area is level and will not be impacted by a roadway which will necessitate extensive cut and fill of the existing topography. • The roadway once constructed will not exceed grades over 6%. Since the approved plans do not meet these four conditions, a waiver from section 7.A.4.c. is required. There is no evidence that a waiver from section 7.A.4.c. was requested or granted. 2. Section 7.1-1.3. of the Rules and Regulations require that easements be granted to the Town for slopes outside the street layout that are greater than four feet horizontal to one foot vertical (4:1). The intent of these easements is to allow for maintenance of these slopes. Proposed slope Page 10 of 13 easements are not apparent on the approved Definitive Subdivision Plans. 3. Section 7.K. of the Rules and Regulations allow the Planning Board to require that natural features, such as large trees, be protected. The approved plans show a proposed limit of clearing and the As Built plans show an actual limit of clearing. The as -built limit of clearing exceeds the proposed limit of clearing. The difference appears to be significant, especially in the inner portion of Weyland Circle. Condition 15 of the Special Permit requires that a reforestation plan be submitted if tree cutting occurs outside the no -cut limit. There is no evidence in the files that a reforestation plan was submitted. 4. Section 7.L. i. of the Rules and Regulations require that calculations and certification be submitted by the Applicant to prove that fire protection is provided in accordance with National Fire Codes. It is not clear whether calculations were submitted or whether certification was issued. 5. Section 7.N.1 of the Rules and Regulations requires that adequate drainage of all lots be provided. Recent site visits show groundwater breakout of slopes and several yards appear to be saturated. Due to the high water table, visible throughout the site and documented by test pit data, adequate drainage of all lots does not appear to have been provided. . 6. Section 7.N.10. states that catch basins cannot be located within a driveway curb cut or that a drive way curb cut cannot be located at a catch basin location. There are several locations where the catch basin location and the driveway location conflict. 7. Section 7.P.3. states that driveways cannot exist at stone bound monument locations. There are several locations where driveway locations appear to conflict with stone bound monument location. 8. It is not clear whether an Environmental Impact Statement (EIS) was submitted to the Planning Board. The Rules and Regulations require that an EIS be submitted with the Definitive Plans. An EIS would have provided critical information regarding subsurface water level (4.a.3). As described in section 4.d.1, an EIS would also describe limitations on the proposed project caused by subsurface soil and water conditions. The EIS would also describe methods to mitigate potential subsurface soil or water problems. Page 11 of 13 9. The As Built plans state that stone bounds have not been installed. There is no data indicating that the stone bounds have been installed since the completion of the As Built plans. 10. The As Built plans do not show the drainage easements at station 10+00 right and left. 11. The approved plans show a drain manhole (on Lot # 29) located approximately 134 feet south of the drain manhole located at station 122+00. The As built plans do not show this drain manhole. It is not clear why this drain manhole was not shown on the As Built plans. VHB assumes it was not constructed. Omission of this drain manhole does not appear to affect the drainage design. 12. The approved plans show two catch basins located at station 10+50 right and left. The As Built plans do not show these catch basins. It is not clear why these catch basins were not shown on the As Built plans. VHB assumes they were not constructed. Omission of these catch basins allows more runoff to flow down Foxwood Drive. With the omission of these catch basins and given the severity of the roadway grade, the drainage system does function as designed. 13. The As Built plans show a catch basin located at station 13+50 right. The approved plans do not show a catch basin in this location. It is not clear why this catch basin was constructed in this location when it was not proposed. 14. The As Built plans show "outlet standpipe structures" in the detention basins. The approved plans show flared end sections in these locations. 15. The As Built plans show a 24 inch reinforced concrete pipe (RCP) from a drain manhole, station 3+40 center, to a drain manhole, station 2+30 right. The approved plans show a 18 inch RCP in this location. It is not clear why a larger size pipe was constructed. 16. The As Built plans show a 10 inch plastic pipe from the outlet standpipe structure to the flared end section in the detention basin near Salem Street. The approved plans show a 12 inch RCP in this location. The Rules and Regulations (section 7.N.12) require a minimum pipe size of 12 inches and that all drainage pipe be reinforced concrete. It is not clear why a plastic 10 inch pipe was constructed. 17. The As Built plans show two walls at the entrance of Foxwood Drive at Page 12 of 13 the intersection of Salem Street. These walls were not shown on the approved plans. Also, the westerly wall is constructed over a drainage pipe. The presence of this wall over the drainage pipe and associated drainage easement will likely cause a maintenance problem for the Town in the future. 18. According to condition 11 of the Special Permit, street lights must be provided along the switch back portion of the roadway. Recent site visits indicate that no lighting has been installed. The Special Permit also requires that a plan showing light layout be submitted by the Applicant and approved by the Planning Board. It is not clear whether this plan was submitted to the Planning Board. 19. In general the As Built plans show street trees on both sides of the roadway that are spaced approximately 75 feet to 80 feet apart. In several locations, the As Built plans do not show any street trees. The Rules and Regulations (section 7.E.3) and the Special Permit (condition 5g) require that the street trees be spaced 50 feet apart. During a recent site visit, several trees do not appear to be back-filled and several trees appear to be planted in saturated areas. 20. The intersection of Foxwood Drive and Weyland Circle was not constructed according to the approved plans. The traffic island and median were not constructed. 21. Potable Water Booster Pumping Station. Various letters indicate that there are outstanding issues relating to whether the pumping station functions properly and has been maintained properly. 22. Roadway Crown on Weyland Circle. Recent site visits indicate that a portion of Weyland Circle has been re -paved and that pavement leveling was utilized to enhance the roadway crown. It is not clear whether the earlier ponding problems have been solved by this action. Page 13 of 13 4. 'FOX, W90r ,r. I. IT IS CLEAR THAT THE SPECIAL PERMIT ISSUED BY THE PLANNING BOARD WAS ISSUED UNDER THE NORTH ANDOVER ZONING BYLAW AND CHAPTER 40A OF THE MASSACHUSETTS GENERAL LAWS MASSACHUSETTS GENERAL LAWS ANNOTATED PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40A. ZONING § 9. Special permits Zoning ordinances or by-laws shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the ordinance or by-law, and shall be subject to general or specific provisions set forth therein; and such permits may also impose conditions, safeguards and limitations on time or use. Zoning ordinances or by-laws may also provide for special permits authorizing increases in the permissible density of population or intensity of a particular use in a proposed development; provided that the petitioner or applicant shall, as a condition for the grant of said permit, provide certain open space, housing for persons of low or moderate income, traffic or pedestrian improvements, installation of solar energy systems, protection for solar access, or other amenities. Such zoning ordinances or by-laws shall state the specific improvements or amenities or locations of proposed uses for which the special permits shall be granted, and the.maximum increases in density of population or intensity of use which may be authorized by such special permits. Zoning ordinances or by-laws may also provide that cluster developments or planned unit developments shall be permitted upon the issuance of a special permit. "Cluster development" means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land. A cluster development shall be permitted only on a plot of land of such minimum size as a zoning ordinance or by-law may specify which is divided into building lots with dimensional control, density and use restrictions of such building lots varying from those otherwise permitted by the ordinance or by-law and open land. Such open land when added to the building lots shall be at least equal in area to the land area required by the ordinance or by-law for the total number of units or buildings contemplated in the development. Such open land may be situated to promote and protect maximum solar access within the development. Such open land shall either be conveyed to the city or town and �ECE0Y Page Iof13 APR 2 5 2002 BOARD OF APPEALS accepted by it for park or open space use, or be conveyed to a non-profit organization the principal purpose of which is the conservation of open space, or to be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the plot. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case where such land is not conveyed to the city or town, a restriction enforceable by the city or town shall be recorded providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway. Zoning ordinances or by-laws may provide that certain classes of special permits shall be issued by one special permit granting authority and others by another special permit granting authority as provided in the ordinance or by-law. Zoning ordinances or by-laws may provide for associate members of a planning board when a planning board has been designated as a special permit granting authority. § 1A, Definitions "Special permit granting authority", shall include the board of selectmen, city council, board of appeals, planning board, or zoning administrators as designated by zoning ordinance or by-law for the issuance of special permits. North Andover Zoning Bylaw Section 2.64 The words Special Permit where used in this Bylaw shall mean a permit granted under the guidelines of Section 9 of Chapter 40-A of the General Laws. Section 2.65 The Planning Board shall be the granting authority of all Special Permits to Cluster Development, Planned Development District, (1985/15) driveways, nursing and convalescent homes, Watershed Protection District (1994/37), Wireless Service Facilities (1998/37) and large estate condominium conversions.... Section 8.5 Planned Residential Development (PRD) 1. Purposes: The purpose and intent of the regulations contained in this section are to Page 2 of 13 promote the public health, safety and gereral welfare of the citizens of the Town by providing for the following goals. a. To promote more efficient use of land in harmony with its natural features; b. To encourage the preservation of open space; C. To protect waterbodies and supplies, wetlands, floodplains, hillsides )1994/40), agricultural lands, wildlife, and other natural resources; d. To permit greater flexibility and more attractive, efficient and economical design of residential developments; e. To facilitate economical and efficient provision of utilities; f. To meet the town's housing needs by promoting a diversity of housing types. 3. Permit Authority: The Planning Board shall be designated as the Special Permit Granting Authority and shall grant special permits for PRD's consistent with the procedures and conditions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits) of this Bylaw. 5. C. Findings of the Planning Board: The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harmony with the general purpose and intent of this section and Section 10.3 (Special Permit) and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and meets the purpose and intent of this section, which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the Zoning District in which the PRD parcel is located. If a special permit is granted, the Planning Board may impose a condition thereof that installation of municipal services and construction of roadways withinthe PRD shall comply with the requirements of the Subdivision Rules and Regulations of the Planning Board. II. IT IS CLEAR THAT THE BUILDING INSPECTOR HAS THE POWER TO ENFORCE AGAINST VIOLATIONS OF THE TERMS AND CONDITIONS OF A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD North Andover Zoning Bylaw Section 10.1 Enforcement The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of Page 3 of 13 the premises where such violation may exist. If the Building Inspector is so informed in writing, and declines to act, he shall, within fourteen (14) days of his receipt of such information give to his informant, in writing, his reasons for refraining from taking any action. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain, or abate any violation of this Bylaw. MASSACHUSETTS GENERAL LAWS ANNOTATED PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40A. ZONING § 7. Enforcement of zoning regulations; violations; penalties; jurisdiction of superior court The inspector of buildings, building commissioner or local inspector, or if there are none, in a town, the board of selectmen, or person or board designated by local ordinance or by-law, shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold.a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning ordinance or by-law; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning ordinance or by-law. If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. No local zoning law shall provide penalty of more than three hundred dollars per violation; provided, however, that nothing herein shall be construed to prohibit such laws from providing that each day such violation continues shall constitute a separate offense. No action, suit or proceeding shall be maintained in any court, nor any administrative or other action taken to recover a fine or damages or to compel the removal, alteration, or relocation of any structure or part of a structure or alteration of a structure by reason of any violation of any zoning by-law or ordinance except in accordance with the provisions of this section, section eight and section seventeen; provided, further, that if real property has been improved and used in accordance with the terms of the original building permit issued by a person duly authorized to issue such permits, Page 4 of 13 no action, criminal or civil, the effect or purpose of which is to compel the abandonment, limitation or modification of the use allowed by said permit or the removal, alteration or relocation of any structure erected in reliance upon said permit by reason of any alleged violation of the provisions of this chapter, or of any ordinance or by-law adopted thereunder, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within six years next after the commencement of the alleged violation of law; and provided, further that no action, criminal or civil, the effect or purpose of which is to compel the removal, alteration, or relocation of any structure by reason of any alleged violation of the provisions of this chapter, or any ordinance or by-law adopted thereunder, or the conditions of any variance or special permit, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within ten years next after the commencement of the alleged violation. Such notice shall include names of one or more of the owners of record, the name of the person initiating the action, and adequate identification of the structure and the alleged violation. The superior court shall have the jurisdiction to enforce the provisions of this chapter, and any ordinances or by-laws adopted thereunder, and may restrain by injunction violations thereof. Wyman v. Zoning Bd. of Appeals of Grafton, 715 N.E.2d 459, 47 Mass.App.Ct. 635, (Mass.App.Ct. 1999) Conditions of a variance or a special permit are subsumed in the provisions of c. 40A and ordinances or by-laws under which they are promulgated; they are part of the zoning law to be enforced. This is apparent from the text of G.L. c. 40A, § 7, which in the second sentence of the second paragraph, in relation to structures, speaks of actions to compel removal of violations of "any ordinance or by-law ... or the conditions of any variance or special permit...." Ibid., as appearing in St. 1975, c. 808, § 3, and with emphasis supplied. So it was that in Vokes v. Avery W. Lovell, Inc., 18 Mass.App.Ct. 471, 483-484, 468 N.E.2d 271 (1984), we wrote of enforcement of a limitation in a variance to one garage. See Chambers v. Building Inspector of Peabody, 40 Mass.App.Ct. 762, 766-767, 667 N.E.2d 895 (1996) (condition in a special permit about location of a building enforced); Bobrowski, Massachusetts Land Use and Planning Law § 7.4, at 275 (1993) ("The § 7 mechanism is also available to seek enforcement of conditions of a special permit, variance, or site plan review decision"). The building inspector, ZBA, and motion judge, sequentially, were in error in characterizing adherence to a variance condition as a private matter. A condition of a variance or special permit is Page 5 of 13 presumed to be inserted in the public interest, not a private interest. Cf. Beacon Hill Civic Assn. v. Ristorante Toscano, Inc., 422 Mass. 318, 320-324, 662 N.E.2d 1015 (1996). A violation of such a condition is, therefore, a matter of public interest, warranting the enforcement attention of the building inspector. III. LACK OF. ENFORCEMENT BY THE BUILDING INSPECTOR OF THE TERMS AND CONDITIONS OF A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD IS REVIEWABLE BY THE BOARD OF APPEALS MASSACHUSETTS GENERAL LAWS ANNOTATED PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40A. ZONING § 8. Appeals to permit granting authority An appeal to the permit granting authority as the zoning ordinance or by-law may provide, may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of this chapter, by the regional planning agency in whose area the city or town is situated, or by any person including an officer or board of the city or town, or of an abutting city or town aggrieved by an order or decision of the inspector of buildings, or other administrative official, in violation of any provision of this chapter or any ordinance or by-law adopted thereunder. § 1A. Definitions As used in this chapter the following words shall have the following meanings: "Permit granting authority", the board of appeals or zoning administrator. § 14. Boards of appeal; powers A board of appeals shall have the following powers: -- (1) To hear and decide appeals in accordance with section eight. (2) To hear and decide applications for special permits upon which the board is empowered to act under said ordinance or by-laws. (3) To hear and decide petitions for variances as set forth in section ten. (4) To hear and decide appeals from decisions of a zoning administrator, if any, in accordance with section thirteen and this section. Page 6 of 13 In exercising the powers granted by this section, a board of appeals may, in conformity with the provisions of this chapter, make orders or decisions, reverse or affirm in whole or in part, or modify any order or decision, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. IV. ENFORCEMENT AGAINST VIOLATIONS OF THE TERMS AND CONDITIONS OF A SPECIAL PERMIT IS APPROPRIATE AGAINST THE PERSON WHO HAS VIOLATED THOSE TERMS AND CONDITIONS MASSACHUSETTS GENERAL LAWS ANNOTATED PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40A. ZONING § 7. Enforcement of zoning regulations; violations; penalties; jurisdiction of superior court The inspector of buildings, building commissioner or local inspector, or if there are none, in a town, the board of selectmen, or person or board designated by local ordinance or by-law, shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning ordinance or by-law; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning ordinance or by-law. If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. Wyman v. Zoning Bd. of Appeals of Grafton, 715 N.E.2d 459, 47 Mass.App.Ct. 635, (Mass.App.Ct. 1999) Conditions of a variance or a special permit are subsumed in the provisions of c. 40A and ordinances or by-laws under which they are promulgated; they are part of the zoning law to be enforced. This is apparent from the text of G.L. c. 40A, § 7, which in the second sentence of the second paragraph, in relation to structures, speaks of actions to compel removal of violations of "any ordinance or by-law ... or the conditions of any variance or special permit...." Ibid., as appearing in St. 1975, c. 808, § 3, and with emphasis supplied. So it was that in Vokes v. Avery W. Lovell, Inc., 18 Mass.App.Ct. 471, 483-484, 468 N.E.2d 271 (1984), we wrote of Page 7 of 13 enforcement of a limitation in a variance to one garage. See Chambers v. Building Inspector of Peabody, 40 Mass.App.Ct. 762, 766-767, 667 N.E.2d 895 (1996) (condition in a special permit about location of a building enforced); Bobrowski, Massachusetts Land Use and Planning Law § 7.4, at 275 (1993) ("The § 7 mechanism is also available to seek enforcement of conditions of a special permit, variance, or site plan review decision"). The building inspector, ZBA, and motion judge, sequentially, were in error in characterizing adherence to a variance condition as a private matter. A condition of a variance or special permit is presumed to be inserted in the public interest, not a private interest. Cf. Beacon Hill Civic Assn. v. Ristorante Toscano, Inc., 422 Mass. 318, 320-324, 662 N.E.2d 1015 (1996). A violation of such a condition is, therefore, a matter of public interest, warranting the enforcement attention of the building inspector. V. SPECIFIC VIOLATIONS OF THE CONDITIONS OF THE PLANNING BOARD SPECIAL PERMIT The developer has failed to designate an independent Environmental Monitor who was to be chosen in consultation with the Planning and Community Development Staff. The developer has failed to make the monitor available upon four hours notice to inspect the site with the Planning Board designated official. The developer has failed to cause the Environmental Monitor to meet weekly inspections of the project, meet weekly with the Town Planner and file monthly written reports to the Board detailing areas of non- compliance with the plans and conditions of approval. (Condition 1.) 2. The developer has failed to live here to the requirements of the fire department that all structures shall contain residential fires suppression systems, the design of which will be approved by the Fire Department. (Condition 13.) There are numerous deficiencies in the residential fire suppression systems, as outlined in the reports of the Fire Department. According to a report of the Fire Chief regarding and inspection which took place on May 27, 1999, the following circumstances exist: 1. None of the systems had pressure gauge is installed; 2. None of the systems had a spare sprinkler head cabinet with spare sprinkler heads; 3. There were some residences where additional sprinklers were needed; 4. Sprinklers were not installed in unfinished areas of the basements (all except 153 Weyland Circle.), and there was no provision for the future inclusion of these heads; 5. Three houses had sprinklers omitted in additions or renovations; Page 8 of 13 6. Omega heads were found at fourteen houses. 7. Sprinkler heads were blocked by construction features in many areas. 8. Sprinkler heads were painted in many locations. 9. Sprinkler heads were in improper locations in the garages, too low or obstructed; 10. The fire department inspectors should have noted the location and type of sprinkler heads in the garage and finished areas and whether or not they were spare sprinkler heads of adequate number and type available. Deficiencies were otherwise cited in a Memorandum from MSFPE Fire Protection Engineer Rodrique to Chief Dolan dated June 1, 1999: 1. Under NFPA 13D, the pressure gauge shall be installed to indicate air pressure on fire systems and on the water supply pressure tanks; 2. Pendent and upright sprinklers shall be positioned so that the detectors are within 1 to4 in. of the ceiling; 3. Side wall sprinklers shall be positioned so that the deflectors are within 4 to 6 inches of the ceiling; 4. In basements where ceiling sprinklers are not required for the protection of piping or where metallic pipe is installed, residential sprinklers shall be permitted to be positioned anticipating future installation of a finished ceiling; 5. There follows in this report a list of properties with deficiencies in the installation of the sprinklers. 3. The developer has failed to donate the open space parcel. (Condition 4.c.) 4. The developer has failed to provide street lighting along the switchback road. (Condition 11.) 5. The developer has violated the condition that tree cutting shall be kept at a minimum throughout the subdivision. The developer has violated the no -cut line as shown on the pian. 6. The developer has violated condition 18 of the Special Permit, which states "This Special Permit approval is based upon the approval of a Definitive Subdivision Plan", for the reason that the subdivision was not constructed in accordance with the approved plan. 1. A memorandum from the Director of Engineering to the Town Planner dated June 30, 1998, recommends no additional release of bond funds, due to deficiencies in the construction of the subdivision, characterizing the defect in the street construction as being major: 1. Approximately 50% of Weyland Circle does not meet design requirements. The slope and crown are less than the minimum resulting in sheet flow of Page 9 of 13 water and freezing; 2. Replacement, re -planting and trimming of trees is required. 3. Site visit revealed that some drain manholes were buried in front yards; ties are needed to these structures. 4. Retaining walls are built in easements. 5. Side slopes were slipping and reed stabilization. 6. Groundwater was breaking out on Foxwood Drive. 7. Stone bounds are not certified. 8. Punch list items remain. 9. The booster pump was tested. Pressure dropped 223 lbs., which is unsatisfactory. There was no water flow to the buildings and insufficient flow for firefighting. 10. No sewer mitigation funds were paid. 2. An Engineering Assessment and Review Report, prepared by Vanasse Hangen Brustlin, Inc. and dated January 26, 2000, (a copy of which is enclosed with the attached request for enforcement) reports the following defects in the subdivision. While a waiver was granted by the Planning Board for section 7.A.4.a. (length of a. dead-end road shall not exceed 600 feet for zoning district R-2), the approved Definitive Subdivision Plans do not appear to comply with the requirements of section 7.A.4.c. Section 7.A.4.c. lists four conditions that must be met before the length of a dead end street can exceed the requirements in section 7.A.4.a. These four conditions are as follows. • The roadway might be extended into adjacent property in the future. • No wetlands shall be impacted. • Topography of the area is level and will not be impacted by a roadway which will necessitate extensive cut and fill of the existing topography. • The roadway once constructed will not exceed grades over 6%. Since the approved plans do not meet these four conditions, a waiver from section 7.A.4.c. is required. There is no evidence that a waiver from section 7.A.4.c. was requested or granted. 2. Section 7.H.3. of the Rules and Regulations require that easements be granted to the Town for slopes outside the street layout that are greater than four feet horizontal to one foot vertical (4:1). The intent of these easements is to allow for maintenance of these slopes. Proposed slope Page 10 of 13 easements are not apparent on the approved Definitive Subdivision Plans. 3. Section 7.K. of the Rules and Regulations allow the Planning Board to require that natural features, such as large trees, be protected. The approved plans show a proposed limit of clearing and the As Built plans show an actual limit of clearing. The as -built limit of clearing exceeds the proposed limit of clearing. The difference appears to be significant, especially in the inner portion of Weyland Circle. Condition 15 of the Special Permit requires that a reforestation plan be submitted if tree cutting occurs outside the no -cut limit. There is no evidence in the files that a reforestation plan was submitted. 4. Section 7.L. i. of the Rules and Regulations require that calculations and certification be submitted by the Applicant to prove that fire protection is provided in accordance with National Fire Codes. It is not clear whether calculations were submitted or whether certification was issued. 5. Section 7.N.1 of the Rules and Regulations requires that adequate drainage of all lots be provided. Recent site visits show groundwater breakout of slopes and several yards appear to be saturated. Due to the high water table, visible throughout the site and documented by test pit data, adequate drainage of all lots does not appear to have been provided. 6. Section 7.N.10. states that catch basins cannot be located within a driveway curb cut or that a drive way curb cut cannot be located at a catch basin location. There are several locations where the catch basin location and the driveway location conflict. 7. Section 7.P.3. states that driveways cannot exist at stone bound monument locations. There are several locations where driveway locations appear to conflict with stone bound monument location. 8. It is not clear whether an Environmental Impact Statement (EIS) was submitted to the Planning Board. The Rules and Regulations require that an EIS be submitted with the Definitive Plans. An EIS would have provided critical information regarding subsurface water level (4.a.3). As described in section 4.d.1, an EIS would also describe limitations on the proposed project caused by subsurface soil and water conditions. The EIS would also describe methods to mitigate potential subsurface soil or water problems. Page 11 of 13 9. The As Built plans state that stone bounds have not been installed. There is no data indicating that the stone bounds have been installed since the completion of the As Built plans. 10. The As Built plans do not show the drainage easements at station 10+00 right and left. 11. The approved plans show a drain manhole (on Lot # 29) located approximately 134 feet south of the drain manhole located at station 122+00. The As built plans do not show this drain manhole. It is not clear why this drain manhole was not shown on the As Built plans. VHB assumes it was not constructed. Omission of this drain manhole does not appear to affect the drainage design. 12. The approved plans show two catch basins located at station 10+50 right and left. The As Built plans do not show these catch basins. It is not clear why these catch basins were not shown on the As Built plans. VHB assumes they were not constructed. Omission of these catch basins allows more runoff to flow down Foxwood Drive. With the omission of these catch basins and given the severity of the roadway grade, the drainage system does function as designed. 13. The As Built plans show a catch basin located at station 13+50 right. The approved plans do not show a catch basin in this location. It is not clear why this catch basin was constructed in this location when it was not proposed. 14. The As Built plans show 'outlet standpipe structures" in the detention basins. The approved plans show flared end sections in these locations. 15. The As Built plans show a 24 inch reinforced concrete pipe (RCP) from a drain manhole, station 3+40 center, to a drain manhole, station 2+30 right. The approved plans show a 18 inch RCP in this location. It is not clear why a larger size pipe was constructed. 16. The As Built plans show a 10 inch plastic pipe from the outlet standpipe structure to the flared end section in the detention basin near Salem Street. The approved plans show a 12 inch RCP in this location. The Rules and Regulations (section 7.N.12) require a minimum pipe size of 12 inches and that all drainage pipe be reinforced concrete. It is not clear why a plastic 10 inch pipe was constructed. 17. The As Built plans show two walls at the entrance of Foxwood Drive at Page 12 of 13 the intersection of Salem Street. These walls were not shown on the approved plans. Also, the westerly wall is constructed over a drainage pipe. The presence of this wall over the drainage pipe and associated drainage easement will likely cause a maintenance problem for the Town in the future. 18. According to condition 11 of the Special Permit, street lights must be provided along the switch back portion of the roadway. Recent site visits indicate that no lighting has been installed. The Special Permit also requires that a plan showing light layout be submitted by the Applicant and approved by the Planning Board. It is not clear whether this plan was submitted to the Planning Board. 19. In general the As Built plans show street trees on both sides of the roadway that are spaced approximately 75 feet to 80 feet apart. In several locations, the As Built plans do not show any street trees. The Rules and Regulations (section 7.E.3) and the Special Permit (condition 5g) require that the street trees be spaced 50 feet apart. During a recent site visit, several trees do not appear to be back-filled and several trees appear to be planted in saturated areas. 20. The intersection of Foxwood Drive and Weyland Circle was not constructed according to the approved plans. The traffic island and median were not constructed. 21. Potable Water Booster Pumping Station. Various letters indicate that there are outstanding issues relating to whether the pumping station functions properly and has been maintained properly. 22. Roadway Crown on Weyland Circle. Recent site visits indicate that a portion of Weyland Circle has been re -paved and that pavement leveling was utilized to enhance the roadway crown. It is not clear whether the earlier ponding problems have been solved by this action. Page 13 of 13 S1 -I I-21JULr I :-_14K1 1-I-Kurl UtVL11`J UKUUF' 'J •�31d /2b 6F2UU Town of North Andover OMCE OF COMMUNITY DEVELOPMENT -AND SERVICES 27 Charles Street North Andover, 1Massachusens 01345 W;SLLkNf Ir. SCOTT Director Mark Johnson, Esq. 12 Chestnut Street Andover, MA 01810-3706 Dear Attorney Johnscn: P. 1 Fax ,978i5SS.9;4z This letter is in reference to the Foxwood Subdivision project, specifically the Planned. Unit Development Special Permit. fn accordance with the Special Permit issued•for the PRO 1he requirement for the provision of an environmental monitor has not been met. You were informed of this in the attached letter from the Community Development director dated April 161h. Ypur failure to provide any fcrm of response to the letter forces me to take appropriate enforcement action under the zoning by-lcw. As the special permit was granted pursuant to the by-law a vielatfon of the special permit is a violation of the zoning by -low. Pursuant to the by-law section 10.1 and 10.1.31 am requiring that you provide a remedy for the failure to pr6vicie an environmental monitor. That remedy sha!I be in the form of meeting the request of the Community Development Director, in accordance with the April 161h.letter, by providing funds' to the Town so that we may :ndepencently assess the completion of the subdivision and its compliance with the plans. You will contact the Town Planner, within 10 days of receipt cf this letter to provide the necessary funds in an escrow account. The Town Planner will then begin the review process. Failure to provide such funds in accordance wit:"1 the original request in the attached letter will constitute c continued violation and your client will be subject to c 4300 per day fine. The tolling of the viola -,ion will begin on the date of receipt of this letter if after i 0 days your client has not taken action as identified herein. Your failure to make any contact after cne month, in regard to this specific matter indicates a lack of willingness to comply with the regvest, The deposit of fonds to address the monitoring of the project will provide the Town with the necessary funds to estcblish that the project is completed property. Ir^ the absence of. the erivironmentat monitoring position there is little or no evidence that the project was property completed. I look forward to seeing this issued resolved within the context of the reasonable request that the Town has mace. Sincerely, D. Robert Nicef'a Building Commissioner EO a�� G' ,l?PW:\LS 633•)`•x', 9 -U_')i:.:G 633.9525 Z ?70 870 171 U5 P04141 $eINIC8 Receipt for Certified Mail No Insurance coverage Prov.icim. Co nct uze `or Inian?a!ional Mail !Sde rev8/se. 8anr a } $ueef lar } n , Sure. I Z r t" r ill Taor.L-.s J. uRBELls E-Nba: tju�,utb.com .Vr URBELIS, FIELDSTEEL & BAILN LLP 155 FEDERAL STREET BOSTON; i"AASSACHUSETTS 02110-1727 Robert J. Halpin, Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Re: Foxwood Subdivision Dear Bob: Telephone 617-338-2200 Telecopier 617-338-0122 June 8, 1999 .-Andover Office 26 Chestnut Street Andover, MA 0 18 1 0-3 600 Telephone 973-475-1552 Pease Send Correspondence To Boston Address You have asked our advice with regard to claims by Foxwood Development petitioners that the Planning Board improperly amended decisions at a July 21, 1998 meeting. I have reviewed the petition which claims that items such as street lighting, drainage erosion, winter icing issues, the reforestation of trees within the no cut zone, pedestrian access to open space, parking and nature trails were discussed and waived without notification or a hearing. 0 However, the minutes of the Jul 21 1998 Planning Board meeting a' July � � do not ,ive any indication that the Planning Board voted on any of the above -referenced issues. There was ;eneral discussion of the issues but in my opinion, no decision by the Board with regard to waivers is apparent from the minutes. Furthermore, Tom Hurley of Evergreen Management is quoted in the minutes as stating that Evergreen will submit a landscape plan relating to many of the issues. Apparently, no such plan has yet been submitted to the Town. In G.L. ch. 41, Section 81W, the Subdivision Control Law provides a mechanism for a modification of a subdivision plan in a public hearing with notice. However, no such modification is effective for lots which have been sold or mortgaC7ed in good faith and for a valuable consideration subsequent.to approval of the plan without the consent of the owner off the lots and the holder of the mortgage or mortgages. Please call if you have any questions or if there is anything else you need. TJU:jeh cc: Board of Selectmen Planning Board 0 D. Robert Nicetta William J. Scott v J. William Hmurciak Fire Chief William V. Dolan ��.��.�n�R�.ver�n�:mdov-�e•ie:; r'�ainu,.itr.doc Very truly yours, V "J Thomas J. Uji� lis Town of North Andover '" OFFICE OF COMMUNITY DEVELOPMENT AND SERVI%,r o 30 School Street / •• ";:�; :;;- 0 North Andover, Massachusetts 01845 �. •''��` WMLIAM J. SCUT SS,c~ust Director July 22, 1998 Mr. Thomas C. Mannetta, Jr. Director of Engineering Atlantic Engineering & Survey Consultants, Inc. 97 Tenney Street — Suite 5 Georgetown, MA 01833 Re: Foxwood Subdivision Outstanding Issues Dear Mr. Mannetta, Thank you for appearing before the Planning Board last night to discuss some of the outstanding issues with the Foxwood Subdivision. The issues that were discussed are listed as follows as outlined in your letter of July 21,1998: dial Permit Approval Items: Condition 4(c) — Designation of Open Space Parcel I have received a proposed deed for the open space, which I wM forward to our Town Counsel for review. The Open Space Committee will be working with you to determine the appropriate location and type of markings required in the field and the other issues as set forth in their letter. Condition 11 — Street lighting BOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 L The Board agreed to waive the requirement for a street light on the switch back turn as the light does not appear to necessary and the Town does not generally require street lights. Condition 14 — Pedestrian access to Open Space Areas The Open Space and Trail Committees will be working with you to determine the appropriate location and type of access required. Condition 15 — Limit of No -Cut Line 4 There are significant areas that were cleared within the no -cut line. These areas appear to be stable at this time or are located within established backyards therefore the Board will notlequire replanting in the exact location of the clearing. However the Board will require additional work related to the Open Space and trail access as deemed appropriate by the Board in conjunction with the Trail and Open Space Committees. Definitive Subdivision Approval Items: Condition 1(a) — Limit of No -Cut Line Refer to comments above OCondition 5(h) — Location of catch basins and stone bounds in driveways DPW to review this issue with you and report to the Planning Board Condition 6(b) — Open Space Parcel to be transferred Refer to comments above Condition 7(b) — Access along Molly Town Road DPW will review this issue with you and report to the Planning Board Condition 10 — Approval of the Subdivision Entrance and Signs The Board stated that the wall in the Open Space could remain however if the wall becomes unsafe or the drain line beneath it needs to be repaired it will be removed by the Town. The homeowner's association may maintain it. This issue will be further discussed with the DPW. Condition 16 — Additional easements required along the roadway E* \(P 4 r' The wall on lots 6 and 7 was improperly constructed in the Town's R.O.W. You will provide the Town with the appropriate maintenance easements from those homeowners. This issue will be further reviewed and discussed with the DPW. If you have any further comments or questions please do no hesitate to contact me at (978) 688- 9535. Very truly yours, Kathleen Bradley Colwell Town Planner cc. Planning Board J. Rand, DPW M. Howard, Cons. Admin. T. Hurley, Evergreen Management RON 9� 0 Atlantic Engineering & ,wavey Consultants, Inc. 97 Tennty Street — Suito 5 Cc-&ctpwn, MA 01633 (978)352.7870 — Fax(978)352-9940 July 1, 1998 Kathleen Bradley Colwell, Town Planner Town of North Andover 30 School Street North Andover, Ma. 01845 Re: Foxwood Subdivision - Stonewall Lots 617 Dear Kath leen, fn a letter from you dated June 1, 1998 with regards to a Planning Board Punch List for the Foxwood Definitive Subdivision it was brought to our attention that the stonewall constructed along the curve of the roadway at Lots 6 and 7 was improperly constructed within the outer limits of the Right of Way. This wall was shown on the record plans to be constructed on private property. 1 am requesting on behalf of my client Evergreen Management Inc., that the Planning Board consider the stonewalls in question to remain in there existing location providing that a maintenance agreement be written and recorded between the owners of the lots in question and the Town of North Andover. This maintenance agreement in some form will state that the owners of the lots will maintain and repair when necessary or as deemed by the town the stonewalls. If this resolution to the existing problem of the walls being within the Right of Way is acceptable to the Planning Board, Attorney Mark Johnson will work with the Board to draw up the required documents for signature and recording. iC. Mannerta, Jr. rectoroEngineering a: hvergr=n Managarnan lnc. RM hand, DPW Aa, Muk JohnsM Robcd Halpin. T~ Manager F:WI I.ES-WP,FOXW(x)Dsto►e wal I.wpd Memo To: Mr. Jim Rand, DPW From: Michael D. Howard, Conservation Administrator��. CC: Mr. Robert Halpin, Town Manager Mr. AI Manzi, Chairman - Conservation Commission Date: 7-1-98 RE: Foxwood Subdivision - Outstanding.lssues As you may be aware, Evergreen Management Corporation has recently requested a Certificate of Compliance and. subsequent bond release from the North Andover OConservation Commission. There request has been denied for the following reasons: N Evergreen Management Corporation constructed a deck on Lot #46 within the 50' No -Construction Zone without necessary approvals from the Conservation Commission. In addition, grading has encroached upon the 25' No -Disturbance Zone. Each of these encroachments are violations of the North Andover Wetland Protection ByLaw and Regulations (c.178 of the Code of North Andover). 2. The As -Built plans are not stamped by a P.E. which is a necessary task when evaluating and certifying the constructed stormwater management basins and roadway design/layout (NOTE: these basins appear to be built differently than what was previously approved by the Commission). 3. It appears as though greater wetland alteration occurred at the roadway crossing than what was initially approved. The total square footage needs to be depicted on the "As -Built" plan. 4. The wetland replication area is satisfactory from a functional standpoint, however, the "As -Built "plans do not indicate total square footage and it is therefore not possible to verify compliance. 0 Page 1 O5. It is not clear if the grading associated with the lower basin encroached upon the wetland itself. This needs to be verified in the field by the Conservation Associate. C� 6. Per your memorandum dated June 30th, 1998 to Kathleen Colwell, two issues are of some concern to this Department: ➢ If in fact a portion of the roadway is not built correctly and stormwater runoff is exiting from the site at a faster rate than pre -development conditions, this would be a violation of the Massachusetts Wetland Protection Act Regulations (310 CMR 10.00), the North Andover Wetland Protection ByLaw and the issued.Order of Conditions. ➢ The steep, roadway side slopes within the 100' Buffer Zone must be stable before the Commission will issue Certificates of Compliance. Thank you for your diligent attention to those matters that may effect multiple jurisdictions including the stormwater management system and roadway layout. 0 Page 2 TO: Ms. Kathleen Bradley Colwell, Town Planner FROM: r FROM: James Rand, Jr., Director of Engineering DATE June 30, 1998 SUBJECT: Foxwood Estates - Bond Release We do not recommend the release any bond funds at this time. This is based on the following: 1. Approximately 50% of Weyland Circle does not meet design requirements. The slope and the crown are less than the minimum and are causing water to flow in sheets 4 feet to 8 feet wide. Also, the water is flowing so slow as to freeze in large sheets in the winter. The new engineer for the site submitted plans at 4:00 PM on Monday, June 29, 1998 with a solution to correct this problem. We have not had time to review his plans. He indicated on the phone that he was proposing the installation some new drainage system. We will try to have a report for the meeting. We do not know if this proposed system will be satisfactory. The final solution to correct this problem may be to grind a large portion of the pavement in the affected area, adjusted all structures, within this area, and full width pave the roadway. 2. The trees were evaluated by our superintendent and he recommended the O replacement of several trees, the trimming of other trees and the replanting of several more trees. The superintendent also recommends a minimum time of one full year, to see if they take. However, in this instance we should wait until next spring to see if all the trees bloom. 3. On our joint site visit, it was noted that some drain manholes were buried, in front yards, we need ties to these structures. Retaining walls are built in easements, they need to be located. Side slopes were slipping and need stabilization. Ground water was breaking out on the Foxwood drive. Stone bounds are not certified. Also other items, from the punch list, needed to be addressed such as the entry wall. I have not been informed if any of these have done. 4. The booster pump station was tested on June 29, 1998 for flow and pressure. When tested the pressure dropped to approximately 23 pounds. I was informed that this was an unsatisfactory level. There was no water flow to the buildings and insufficient flow for fire fighting. The water plant division is evaluating the information and report shortly. 5. No sewer mitigation funds paid.. Total bond figures are generated by many individual items. However, they all support each other and cannot be separated. The finish pavement is supported by binder. Binder is supported by gravel. The gravel is only as good as the clearing & grubbing. The various utilities are dependent on a stable site. We we need to consider that entire road is made up of the sum of its parts. Therefore, when we look at this major deficit in the road construction all of the bond is applicable to the solution. Without this concept, we should not release any money until the road is completed. Occ: J. William Hmurciak, P.E. Michael Howard, Conservation Fire Chief Dolan --,' C;WMIPR0\F0XW00DIMEM02 Planning Board Agenda April 4, 2000 Department of Public Works Conference Room, 7:00 p.m. Minutes: March 7, 2000 - Discussion: Long Pasture - Location of Berm Request for release of bond money - Scott Construction Co. Berrington Estates - Request for Subdivision Extension . Lot l Dale Street - Request for Watershed Special Permit Extension Master Plan Update - Bill Scott & Scott Lodde Campbell Forest - Form A Lot 1 Saile Way - Request to Modify Limit of Work Establish Zoning SubCommittee for Town Mtg Recommendations Public Hearings (7:30 p.m.): Lawrence Eagle Tribune - Addition Brooks School - Relocation of Building Street Acceptance Recommendations:. Brookview Drive - Brookview Estates Cobblestone Circle - Cobblestone Crossing I Copley Circle - Cobblestone Crossing II East Pasture Circle - East Pasture Estates Foxwood Drive - Foxwood Subdivision Weyland Circle - Foxwood Subdivision Lost Pond Lane - Lost Pond Estates Meadowood Road - Meadowood I Bucklin Road - Meadowood II Peterson Road - Meadowood III Sky View Terrace - North Andover Heights Holly Ridge Road - North Andover Estates Ridge Way - North Andover Estates Rosemont Drive - North Andover Estates Wildrose Drive - North Andover Estates Phillips Common - Phillips Common Huckleberry Lane - Pinewood Subdivision Poor Street - (no subdivision) CIP Recommendations Upcoming Meetings: April 18, 2000 April 25, 2000 Planning Board Meeting. Department of Public Works February 1, 2000 Members Present; Alison Lescarbeau, Chairman Richard Rowen Richard Nardella Alberto Angles, arrived 7:20 William Cunningham, arrived 7:25 John Simons, arrived 7:27 Others Present: Bill Scott, Director of Community Development Heidi Griffin, Town Planner Jim Rand, Amy Solomon, Planning Secretary Discussion: Foxwood — Recommendations for action: Mr. Scott explained the current situation withEoxwood Estates. He stated that a summary report has been completed that lists the outstanding issues that will be reviewed tonight. He stated that the Planning Board should go through these issues one at a time and create a plan of action for each issue. The following is each issue that was discussed: (Mr. Simons left the meeting at 7:50 p.m.) 1. Easements for slopes outside for maintenance purposes. (Item #2 in Director's letter) Mr. Rand explained that without these easements, the Town would be .trespassing on the land. He stated that these easements would be needed for -3 — 4 lots. Mr. Nardella asked what would happen if the homeowners don't want to grant the easements. Mr. Rand stated that he hopes that this does not happen. Mr. Rowen stated that this needs to be resolved. He stated that he wants the DPW to show what is needed for the easements, have the developer mark this information on the plans, and then ask the applicable homeowners whether they want them or not. Mr. Rand stated that he and the developer have already met. He stated that they will meet again once the engineer adds the proposed easements to the plans. Mark Johnson, the attorney for the developer, stated that it will take about two weeks for the plans to be ready. He stated that they will meet with Mr. Rand once that is done, and after that, they will meet with fhe homeowners. 2. As -built limit of tree clearing exceeds the proposed limit of tree clearing (Item #3 in Director's letter) Mr. Rand stated that he has met with the developer on this issue. Mr. Scott explained that the area in yellow on the plans is the area in question. Mr. Nardella asked if a hydrology report has been done for this area at the top of the bill. Attorney Johnson stated that a hydrology report has been 1 done for the development, but he -believes that it was only for the area at the bottom of the hill,, The engineer for the project stated that drop inlet structures were installed at the top of the hill. He stated that these were installed prior to the re -paving that was done. Mr. Rand stated that the run-off problems are a result of minimumslopes.with vertical slopes. He stated that these structures appear to be working, however they do not alleviate all of the problems. He stated that DPW needs to go out and look at the areas in question. Mr. Rowen asked when this could be done. Mr. Angles stated that the Board needs confirmation that these systems are working. Mr. Rowen stated that either id does satisfy the ploblem or it does not, and this needs to be positively determined. The engineer stated that the reason for this problem is because the subdivision regulations only required a 1 % slope. He stated that a I% slope on a vetical curve is really less than l%, therefore there is not enough slope for adequate drainage. Ms. Lescarbeau stated that the Board needs to know if the intent of where the water needs to go is actually where it is going. Mr. Nardella asked what VHB, the consulting engineer, proposes for this problem. Mr. Rand stated that their recommendation is reforestation, and he added that he does not see the practicality of planting trees in people's backyards. Ms. Lescarbeau stated that the developer's engineer and DPW need to work out a resolution for this problem and present it to the Board at the March 7 meeting. 3. Groundwater breakout of slopes; not enoughadequate drainage (Item #5 in Director's letter) Mr. Scott stated that the area in question is on the left hand side, as you ascend the hill, after the last house. Mr. Rand stated that it appears that there is weeping over the sidewalks and through the granite curbing. He stated that it is not -as big a problem in the warm weather, but when the temperature is below freezing, it pushes the gutter line out into the roadway, which creates icy conditions. Ms. Lescarbeau asked if a special system could be installed to alleviate this situation. Mr. Nardella stated that this is a developer issue. He asked for an estimated date for presentmg a design that would alleviate the problem. Mr. Rowen asked if March 7 would be a fair date. The developer stated that that this date is acceptable. 4. Catch basins located in driveway (Item #b in Director's letter) Mr. Rand stated that, for this situation, the grading was done very well. He stated that in this instance, "the cure would be worse than the illness". He stated that it would not be worth the trouble to move all the catch basins that are located in the middle of the driveways. Mr. Rowen asked why..catch basins are allowed in the middle of driveways. Mr. Rand stated that in order to combat any future flooding problems, the DPW will ask that the plans show the locations of the catch basins to show that they are not located in driveways. He stated that the plan will be attached to the application prior to the issuance of a building permit. He stated that this will alleviate the problem. Mr. Nardella stated to Attorney Johnson that the Planning Board will need a request for modification from the developer. Attorney Johnson stated that this will be done. Mr. PAI Nardella stated that he will work with Ms. Griffin on the correct language for the modification. 5. Driveway locations in conflict with stone bound monument locations: (Item #7 in Director's letter) Mr. Rand stated that the DPW had nail markers placed in the development. He stated that the problem with the original -incorrect marker locations is that any future survey work would not be correct. He stated that the nail markers that the Town placed would need to be used. Mr. Nardella asked if a modification would need to be done for this. Mr. Scott stated that a modification would be the right thing to do. Attorney Johnson stated that this will be done. 6. Update As -Built Plan appropriately: (Items #9 & 10 in Director's letter) Mr. Scott stated that 2 catch basins are missing on the plans. Mr. Nardella stated that many things are missing on the as -built plans.. Mr. Rand stated that he will review all missing, information with the developer's engineer at their next meeting. The developer's engineer asked if the Board wants a separate modification plan or it they want the modifications on the definitive plan. Mr. Scott stated that -he -would like to see an additional plan that shows all modifications to the development. 7. Walls at entrance of Foxwood — maintenance issue: (Item #11 in Director's letter) Mr. Rand stated that DPW will not repair that wall if it falls into. disrepair. He stated that if the Town needs to do any work in this area, then the wall will be torn down. A resident asked why that would happen, and stated that the wall was sold as part of the development. Another resident asked why the wall was allowed in the first place. Mr. Nardella stated that he would like to explain the purpose of these walls that are located at the entrance to developments. He stated that the way it has worked in the past is that the Planning Board allows the developers to build these walls on Town property temporarily.to help market their developments. He stated that most of these walls are then torn .down once most of the homes are sold. He stated that the majority of the dgvelopers elect to take the walls down and replace them with a street sign. In this instance, the developer asked the Town if the wall could remain. The Town's response is for the residents who live in the development to agree to form an association to maintain the wall, then the wall could remain as long as the residents understand that the Town will not maintain the wall. The Town also has the right to remove the wall if it is in disrepair because it is within the Town right-of-way. He stated that the developments that elect to keep these walls create an association made up of residents that maintain the walls. Mr. Nardella stated that he is not aware that a committee has been formed at Foxwood. Mr. Nardella stated that he recommends that the residents speak with the developer about the status of the portion of the wall that is on Town land. 3 8. Street Light -at switchback: (Item #12 in Director's letter) Mr. Rowen asked. if .a street light is necessary at this portion of the street. Ms. Lescarbeau stated that it was not required in the Board's decision. Mr. Scott stated that a reason needs to be given as to why this is or is not necessary. Mr. Rowen stated that the Board needs to know is this is an aesthetic issue or a safety issue. Mr. Rand stated that if it is a safety issue, then MA Electric would send the Town a bill each month for the maintenance. Mr. Nardella stated that the Board told the developer not to build the streetlight. He stated that it did not appear to be a safety issue at the -time. A resident stated that it would be a safety issue on a rainy night. Ms. Lescarbeau stated that the Board needs to know what the long term maintenance would be for a street light. Mr. Rand stated that the estimate for a street light is $120 —150 per year. Mr. Nardella stated that this is a very small price to pay if it is a safety issue. Mr. Rowen stated that he is not convinced that it is a safety issue. A resident suggested that Mr. Rowen drive up the street on a rainy night. Mr. Rowen stated that he has driven up that street many .times. A resident stated that it is very dangerous when there is snow and ice on the road and two cars pas each other on the hill. He stated that the visibility is very bad and in addition to that, cars park on the street at this location. Ms. Lescarbeau stated that the Board requires developers to erect post lights at each house lot. She stated that a light at this location would need to be justified, otherwise the Board will set a precedent for all future developments and for the Town to pay for street lighting.. She stated that she would want a written explanation as to why this would be needed. Mr. Cunningham stated that several residents have spoken this evening and have stated that it is a safety issue. He stated that he feels that $150 is a small price to pay for the safety of these residents. James Xenakis, Selectman, stated that the Board of Selectman had asked him to attend this evening's meeting. He stated that he is unhappy with the way that this meeting has been conducted. He stated that what he has to say may not please the Board members or the residents, but that these issues will not get resolved with the shouting that is taking place this evening. He stated to Mr. Scott that he wants to see one person selected from each party to act as a representative. He stated that he feels that then and only then will there be any resolution to the issues. Mr. Scott stated that this has already been done. Ms. Lescarbeau stated that all parties are well on their way to a resolution. Mr. Xenakis stated that the Board may not want to hear this, but these issues have been going on for too long. He stated that he wants to see one member of the Planning Board rQpresent them, and he stated that maybe Mr. Nardella would not be the best choice. He stated to Mr. Nardella: "you are too passionate about this issue." He stated that he is shocked and surprised by what is happening tonight. He stated that he wants to see these issues resolved in time for the streets to be accepted by Town Meeting this spring. Mr. Scott stated that the issues are well on their way to being resolved, however, the streets will CI not be ready in time for -Town Meeting. Mr. Scott stated that at the Planning Board meeting in March, most of these issues will have been resolved. Mr. Xenakis stated that he had to leave to attend another meeting, but he needed to state his feelings on this subject. He thanked everyone for their time. Mr. Nardella stated that -he would leave the meeting at this time. Various Board members and residents asked him to stay. Mr. Nardella left the meeting at 8:20 p.m. 9. Street trees need to be placed 50 feet apart: (Item #13 in Director's letter) Mr. Rand stated that the dead street trees need to be replaced. He stated that the Highway Superintendent went out to look at the trees, and that the trees definitely need to be replaced. He stated that the best location for the trees would be off all slopes. He stated that they should use something non-organic at the base so that ,it will not wash away as easily. He stated that he does not want to see trees located on top of drains. 10. Intersection / Site Distance of Foxwood Drive and Weyland Circle — traffic island / median: (Items # 14 & 22 in Director's letter) Mr. Rand stated that he went up to the location and drew different options on the road. He stated that making the road narrower would make it safer. Mr. Nardella stated that an island may make the situation more hazardous, because it may not be seen when traveling up the hill. He stated that it may be safer to do nothing. Mr. Rand stated that he felt that there is too much pavement there. A resident asked if painting the road would make it.safer. Mr. Rand stated that this may work, however, it not be very effective in the winter. Mr. Rand stated that they have discussed a ribbed -type pavement that could be used. A resident asked why the street sign was taken down. Mr. Rand stated that the DPW would not have taken that down, but rather it would have been done by youths. The developer stated that he would rather install an island than change the width of the road. The engineer asked who is paying the consulting engineer (VHB). Mr. Scott stated that the developer is. He stated that a portion of the bond has been pulled to pay for their services. A resident stated that she feels that paint would not be an adequate solution. Another resident stated that he wants a stop sign at the intersection of the two streets. Atty. Johnson slated thathe will follow up tonight's meeting with a letter. He left the meeting at 8:37 p.m. 11. Punchlist of items from Water Dent re: maintenance of pumping station: (Item #15 in Director's letter) Mr. Rand stated that he met with Foxwood representative Tom Hurley to discuss the maintenance of the pumping station. Mr. Rand stated that the Town would consider maintenance of the booster pump station itself. He stated that the bottom line is that if there was a failure of the station, the Town would have to respond to it, and once the issue is 5 resolved, try to. eollect from Evergreen Development. The developer stated that the station is running very well. Mr. Rand stated that it is very well maintained. Mr. Scott asked if there is a any threat of it breaking down. Mr. Rand stated that this would be unlikely. He stated that, ideally, the Town would like to see it maintained onn-a more frequent basis. Ms. Lescarbeau asked Mr. Rand if this is now a non -issue. Mr. Rand stated that he feels that it is a non -issue. q 12. Icy / unsafe roadway: (Item #21 in Director's letter) Mr. Scott explained the conditions of the road when it is icy. Mr. Rand stated that the developer followed the Town's regulations in designing the road. He stated that the regulations are going to be revised to change the standards. Mr. Cunningham asked if the DPW could focus more on this street during storms. Mr. Rand stated that the DPW does a good job during storms. Several residents stated that they appreciated the job done by the DPW. Ms. Lescarbeau asked if there have been accidents. One resident stated that there have been numerous close calls. Mr. Cordoza, a resident, stated that there are flooding problems in some yards from ground water. He asked if the planting of trees will alleviate these issues. Mr. Scott -stated that he believes that it is not a tree issue, because it is a result of the grade being cut. 13. Environmental Monitoring -in the future, reports must come in once a month if additional work commences involving slopes and/or drainage: (Item #27 in Director's letter) The developer stated that he wish he had known that these reports were needed and that he had been invited to meetings about this. Mr. Scott stated that many letters were sent to the developer requesting information. He stated that he had never received reports from the developer regarding these issues. He stated that reports are needed like the kind VHB submits. Mr. Rand stated that he believes that there are still outstanding Conservation issues regarding a detention basin. Mr. Scott stated that he believes that most of these issues will be taken care of once the weeping issue is resolved. Ms. Lescarbeau stated that a reforestation needs to be submitted if there is cutting beyond the no -cut line. Ms. Lescarbeau stated that if she were a property owner at Foxwood, she would want to see the proposed plan. Mr. Rowen stated that he wants the developer to come up with a plan that would work the best for the development. Ed Cordoza, 7 Weyland Circle, stated that he is at the meeting to represent the residents. He. stated that he has had the opportunity to look at the reports on 'the outstanding issues, and he wanted to thank the Board for having VHB create the report. He stated that the residents generally concur with the suggestions. Mr. Cordoza handed out a typed list of comments from the residents. He stated that one important issue to the residents is the defective sprinkler systems in some of the homes. He stated that sprinklers have malfunctioned on at least four occasions. Mr. Scott asked if, beyond the sprinkler issue, are there any other issues that have not been discussed this 0 evening. Mr. Cordoza stated that he felt that the list was complete. A resident stated that his biggest concern is the safety issue of the water in the road. He stated that if you lose control at the top of the hill, you are out of control for the entire street. Mr. Rowen stated that he agrees that the safety issue is critical. He stated that the Planning Board will work on this issue and find a solution that will be agreeable for the Town and the residents. It was the consensus of the Planning Board to schedule the Foxwood Estates Subdivision on the March 7, 2000 meeting to discuss progress made between now and that date. The Foxwood discussion ended at 9:20 p.m. Other Business: 263 — 265 Johnsgn Street The members signed the as -built plans for the septic system. Adjournment: Mr. Rowen moved, seconded by Mr. Angles, and voted 4-0 to adjourn the meeting. The meeting ended at 9:30 p.m. 7 Planning Board Agenda - February 1, 2000 Department of Public Works Conference Room, 7:00 p.m. Discussion: Foxwood — Recommendations for Action Vote to Support Planning Department Budget Continued Public Hearings (7:30 p.m.): 492 Sutton Street — Site Plan Review Airplane Hangars (LWM Development Corp.) (continued to 2/22) Lot 9 Willow Street Endorsement of Plans: 263 — 265 Johnson Street 492 Sutton Street — Eagle East Hangers Upcomingt Meetings: February 22, 2000 March 7, 2000 All meetings will be held in the Department of Public Works Conference Room and will commence at 7:00 p.m. a ,* LIST OF DEFICIENCIES FOXWOOD DEVELOPMENT 1. Automatic sprinkler systems not built to code — design and as -built drawings not available. • 2. Easements and rights-of-way unclear — do not match deed plans. 3. Drainage impacts downstream. 4. Weeping from cut slopes. 5. Stability of cut slopes. 6. Lighting of switch -back. 7. Excessive de -forestation. 8. Completion of tree planting. 9. Open space completion and amenities — nature trails and access. 10. Catch basin/drain manhole locations — in driveways and front yards. 11. Location of homes and setbacks. 12. Slope of roadway waiver. 13. Crown of roadway. 14. Groundwater breaking out of Foxwood Drive. 15. Stone bounds are not certified. 16. Punch list items remain. i" 17. Booster pump pressure deficiency. Planning Board Agenda March 7, 2000 Department of Public Works Conference Room, 7:00 P.M. Minutes: February 22, 2000 Discussion (7:00 p.m.): Foxwood Subdivision Public Hearings (7:30 p.m.) 173 Coachman's Lane Watershed Special Permit Decisions: 173 Coachman's Lane — Watershed Special Permit Executive Session (8:30 p.m.): 475 Dale Street Other Business: Open Space Plan — Recommendations/Letter of Support Peters Street Discussion. Review of Proposed Subdivision Regulations Review of Proposed Special Permit Rules and Regulations Upcoming Meetings: March 21, 2000 April 4, 2000 • All meetings will be held in the Department of Public Works Conference Room and will commence at 7:00 p.m. . s r Planning Beard Meeting Date Approved By PB Department of Public Works March 7, 2000 Members Present: Alison Lescarbeau, Chairman Richard Rowen Richard Nardella John Simons William Cunningham Others Present: Heidi Griffin, Town Planner Bill Scott, Director of Community Development Jim Rand, Director of Engineering Amy Solomon, Planning Secretary Not Present: Alberto Angles The Planning Board meeting was called to order at 7:10 p.m. Minutes: Februga 22, 2000: Mr. Nardella moved, seconded by Mr. Rowen, and voted 4-0 to accept the minutes of., February 22, 2000 as written. Discussion Foxwood Subdivision: Ms. Lescarbeau stated that tonight's meeting will review the status of the outstanding issues for the Foxwood development. She stated that the first issue, Item 42 in the February 25th punch list from Jim Rand, is the easements that are needed. She asked the developer when the plans will be complete that reflect these easements. The engineer for the developer stated that the plans will be ready in a week to a week and a half. Ms. Lescarbeau stated that the next issue, Item #3 involves the run-off from the over cut area. Mr. Rand stated that he and the applicants have come up with a satisfactory resolution. He stated that two new catch basins will be installed and an existing drain manhole will be converted to a catch basin. Ms. Lescarbeau stated that Items 6 & 7 will require that the developer file a modification. Mr. Rowen asked if that means that these two items are complete. Ms. Lescarbeau stated that this is correct. 1 Planning pard March 7 2000 Pae 2 Ed Cordoza, resident of Foxwood, stated that he is concerned as to why he was not invited to the last meeting between the Town and the developer. He stated that he is particularly upset with the grooved ppement and hatch paint solution at the intersection of Weyland Circle and Foxwood Drive. Mr. Scott asked if Mr. Cordoza could attend the next meeting with the Town and the developer to convey their comments to these proposed solutions. Mr. Cordoza stated that he does not want to be held liable for slopes that were constructed improperly. Mr. Rand stated that he does not believe that they were built incorrectly. Mr. Rowen stated that he is satisfied if the position of the DPW is to recommend easements. He stated that this falls within the framework of the Subdivision Rules & Regulations. Ms. Lescarbeau read Items 3 & 5 from Mr. Cardoza's March 6t'' letter. Mr. Rand stated that this is the first time he has heard about water in the basements. He also stated that Item #6 in Mr. Cardoza's letter mentioned the danger of leaving the catch basins in the middle of the driveways. Mr. Rand stated that this is an instance where the solution would be worse than the problem. Mr. Rowe} stated that the catch basins were there first, and that it was the driveways that put in the wrong place. Mr. Cardoza stated that he will check with the three homeowners who have this situation. Mr. Cardoza asked if the railroad spikes will be covered by blacktop. .... --Lescarbeau stated that this will be done. Ms. Lescarbeau stated that a modification plan needs to be filed for the addition of streetlights. Mr. Rand stated that he would like to have MA Electric look at this plan. Ms. Lescarbeau stated that the developer needs to replaced the dead trees along the street. She stated that bond money will be held to ensure that these trees survive. Mr. Rand stated that if hatch painting is objectionable, then it doesn't have to be used. Mr. Cardoza stated that the residents are more in favor of cobblestone. Mr. Simons stated that he is an advocate of traffic islands. 2 Planning Board March 7, 2000 Page 3 Mr. Rand stated that the problem with islands is the difficulty when snow plowing. He stated that adding an island would mean redoing the whole traffic design. A resident asked about Item #21 of Mr. Cardoza's letter. Mr. Rowen stated that he really wants to see the water seepage issue addressed. Ms. Lescarbeau stated that another meeting will be called next week. She stated that all respective parties will be notified as to the specific time. Public Hearing 173 Coachman's Lane — Watershed Special Permit: Julie Parrino of Hancock Engineering explained the proposal. She stated that the homeowner wants to build a 265 SF three season room on to the east side of the house. She stated that this room will not have a foundation, but will be supported sonotubes. She stated that the homeowner also wants to build a patio and minor landscaping that would encompass an additional 937 SF in area. Ms. Parrino showed the Board pictures of the existing property and where the work would be. Mr. Rowen moved, seconded by Mr. Nardella, and voted 4-0 to close the Public Hearing for 173 Caochman's Lane. Mr. Rowen moved, seconded by Mr. Cunningham, and voted 4-0 to approve the Special Permit as amended this evening. Other Business Peters Street: Frank Perry and Patrick Paladino of Meredith & Grew Inc. were present to represent the Lawrence Eagle Tribune. Mr. Paladino explained what the best uses for this site would be. Mr. Simons stated that the proposed uses are not allowed by the current zoning. Mr. Simons stated that the Town Manager is proposing a zoning change article for the upcoming town meeting. Mr. Nardella stated that this zoning change was not sent through the Planning Board. He stated that he is not happy about this procedure, and he feels that he would not support it. He stated that the article is not well written. Mr. Simons stated that all four corners of this intersection need to be looked at. Mr. Perry stated that he was not aware of the zoning change that the town manager was proposing. Mr. Perry asked what the next step would be. Mr. Simons stated that a subcommittee can be formed to look at different uses for the property. 3 /-, I.- I * Planning Board March 7, 2000 Page 4 Ms. Lescarbeau stated that the Planning Board will not accept the zoning change as it is currently written. Open Space Plan: Members of the Open Space Committee were present to discuss the Open Space Plan. Jack Mabin, the representative of the Committee, explained that their goals are rural preservation, protection of resources, and limiting population growth. He stated that the Committee is looking for a letter from the Planning Board endorsing the Plan. Ms. Lescarbeau stated that she had to leave the meeting, but before she left, she wanted to state that she would endorse the plan based on the Board's recommended revisions. Ms. Lescarbeau left the meeting at 9:40 p.m. Mr. Simons stated that he is very impressed with the plan. He stated that the real challenge is to take passive support and make it active. Various members of the Open Space Committee stated that they wanted an active voice in developments that affect open space in the town. Mr. Nardella stated that he recommends that the Open Space Committee be added to the Technical Review Committee. Mr. Rowen moved, seconded by Mr. Simons, and voted 4-0 to endorse the Open Space plan as revised. Adjournment The meeting was adjourned at 10:40 p.m. Respectfully Submitted, Alberto Angles, Planning Board Clerk rd Planning Board Meeting Deliartment of Public Works January 18, 2000 The meeting was called to order at 6:30 p.m. Members Present: Alison Lescarbeau, Chairman John Simons, Vice Chairman (arrived at 7:15) Alberto Angles, Clerk (arrived 7:20) Richard Nardella Richard Rowen Not Present: William Cunningham Others Present: Heidi Griffin, Town Planner Amy Solomon, Secretary Minutes Mr. Nardella moved, seconded by Mr. Rowen, and voted unanimously to approve the minutes of the December 7, 1999 meeting as amended this evening. Mr. Nardella moved, seconded by Mr. Rowen, and voted unanimously to approve the minutes of the December 7, 1999 Executive Session meeting as presented this evening. Mr. Nardella moved, seconded by Mr. Rowen, and voted unanimously to approve the minutes of the December 21, 1999 meeting as amended this evening. Mr. Nardella moved, seconded by Mr. Rowen, and voted unanimously to approve the minutes of the January 4, 2000 workshop meeting as amended this evening. Discussion Foxwood Estates: Mr. Nardella stated that he visited that site recently. He stated that the developer has some issues that are not yet resolved with the Town. He stated that the developer told him that the Town is trying to obtain easements on land that the developer doesn't own. He- also stated that the developer is having difficulty with the street trees that they used. He stated that they are dying. Mr. Rowen asked why only this street has problems with its new trees. Ms. Griffin suggested that the developer be invited to the next meeting in which Mr. Scott will give an update. Holt Road Update: The members were given copies of the status of Holt Road. Mr. Rowen asked Ms. Griffin if she could add a "due by" date to each activity. ~' 2 Proposed Zoning; Amendment — Watershed District: Mr. Nardella moved, seconded by Mr. Angles, and voted 4-0 to approve the proposed zoning amendment as written. Bond Releases Brookview Estates: Mr. Nardella moved, seconded by Mr. Rowen, and voted 4-0 to retain $10,600 and release all other additional bond money. Lost Pond: Mr. Nardella moved, seconded by Mr. Angles, and voted 4-0 to -retain $23,300 for completion of subdivision and release all other additional money. Bond Establishment: Country Club Estates: Mr. Nardella moved, seconded by Mr. Angles, and voted 5-0 to establish the bond amount at $86,650.00. The members signed the Form I Public Hearing 492 Sutton Street(Airplane Hangars — LWM-Development Corp.): Ms. Lescarbeau stated that the revised plans for this project were not received until this past Friday. She stated that this has not left the planner with adequate time to review them. She stated that she would recommend that the Public Hearing not be opened tonight, but rather that tonight only be a discussion. The applicant agreed to this. The applicant -explained the -project. Mr. Nardella moved, seconded by Mr. Rowen and voted 4-0 that the Public Hearing be opened at the February 1, 2000 meeting. Adjournment - Mr. Nardella moved, seconded by Mr. Angles and voted 5-0 to adjourn the meeting. The meeting ended at 9:30 p.m. Planning Board Agenda December 21, 1999 Department of Public Works Conference Room, 7:00 p.m. Minutes: November 30, 1999 December 7, 1999 Discussion: Community Development Director Update on Foxwood Subdivision Long Pasture Subdivision & Peters Street Barrington Estates — Proposed Modification to a Subdivision Form J — Lyons Way Public Hearings_(7:30 p.m.) Continued: Heritage Estates Proposed 6 Lot Definitive Subdivision Plan — Stonewedge Circle Access Other than Legal Frontage Special Permits — Lots 1 and 5 Stonewedge Circle Common Driveway Special Permits — Lots 1&3, 4&5 Stonewedge Circle Modification to a Definitive Subdivision Plan — Forestview Estates Decisions: Heritage Estates Stonewedge Circle Bond Release: 234 Brentwood Circle 102 South Bradford Street Town Planner Update - 285 Holt Road Upcoming Meetings January 4, 2000 January 18, 2000 • All meetings will be held in the Department of Public. Works Conference Room and will commence at 7:00 p.m. Planning Board Meeting Department of Public Works December 21, 1999 The meeting was called to order at 7:10 p.m. Members Present: Alison Lescarbeau, Chairman John Simons, Vice Chairman (arrived at 7:20) Alberto Angles, Clerk (arrived 7:20) Richard Nardella (arrived 7:25) Richard Rowen Not Present: William Cunningham . Heidi Griffin, Town Planner Others Present: Bill Scott, Director of Community Development Amy Solomon, Secretary Update — Bill Scott: ' Foxwood: Bill Scott handed out a chart that showed the present situation of the project. He stated that the project is currently in the analysis stage. He stated that he would like to schedule a site visit with the project's subcommittee, which would lead to the development of a series of actions. He stated that the status report is similar to the- last update. He stated that the street trees still need to be completed, and there is still weeping on some slopes in addition to consistent freezing on the switchback. Mr. Rowen asked which slope is weeping. Mr. Scott stated that it is the slope on the left hand side as you enter the development. Mr. Scott stated that there is no pitch there, which is causing the water to weep. He stated that the developer is still working with the Conservation Commission to resolve the water issues. He state that there is a Coler & Colantonio report that addresses the outstanding issues. Mr. Rowen stated that no bond money will be released until all outstanding issues are corrected. He stated that he would like to include a modification to the decision regarding streetlights. He stated that he would like to see this requirement waived. Mr. Scott stated that he will return to the Planning Board's January 18" meeting with an update. 2 Lonp, Pasture: Mr. Scott stated that the berm issue has not yet been resolved. He stated that this issue is not a Planning or Conservation issue, but rather it is something that the DEP must address. Perry's Property (adjacent to Eagle Tribunes Mr. Scott stated that the property owner is looking for a zoning change. Mr. Scott stated that he wants to create a subcommittee to study any proposals for the site. Mr. Nardella stated that the owner wants to build a Walgreen's on the site, and he feels that the applicant could come up with a better use than that. Mr. Scott stated that the owner has done research for the site, and that there is not enough area for other types of retail uses. He stated that the applicant wants to be on the Town warrant for this zoning change. The Board discussed different types of uses that could be proposed. Ms. Lescarbeau and Mr. Simons volunteered to be on the subcommittee. The Board agreed that the third member of the subcommittee would be the remaining members that could switch off with one another. Mr. Nardella stated that rather than changing the zoning for the property, he would like to see the changes from street to street. He stated that the Board has a great deal of opposition to the Walgreen's proposal. Ms. Lescarbeau asked what the Master Plan Committee wants. Mr. Scott stated that the preferred use is retail / commercial. Ms. Lescarbeau asked if there are wetlands issues on the property. Mr. Scott stated that the applicant was advised to go before the Conservation Commission first. Holt Road- Town Planner's Handout: Mr. Scott explained the Town Planner's handout. Mr. Rowen stated that he would be very wary to transfer the Planning Board's powers over to the Board of Selectman for this site. He stated that many items are -still outstanding with the Planning Board. He stated that he will bring a motion to rescind the issuance of the permits unless the ten outstanding items have been met. Continued: Heritage Estates: The members asked Ms. Solomon if Attorney Urbelis had a chance to review the Agreement for Judgement. Ms. Solomon stated that he has approved the Agreement. Mr. Rowen stated that he does not want to vote -on this tonight. Mr. Simons asked why waivers were included. Ms. Lescarbeau stated that item A is waived constantly. The members had a discussion about the various waivers that were included. 3 Mr. Nardella moved, seconded by Mr. Rowen, and voted unanimously to close the Public Hearing. Mr. Nardella moved, seconded by Mr. Rowen, and voted 4-0-1 (Mr. Simons abstained) to approve the Agreement for Judgement for Heritage Estates as amended this evening. Stonewedge Circle: The engineer for the applicant stated that the flood plain line was added. Mr. Scott stated that he would like the engineer to provide separate plans for each of the Special Permits that need to be issued. The engineer stated that he could do that. Mr. Nardella moved, seconded by Mr. Simons, and voted unanimously to close the Public Hearing. Mr. Nardella moved, seconded by Mr. Rowen, and voted 4-0-1 (Mr. Rowen abstained) to approve the Conditional Approval. Mr. Nardella moved, seconded by Mr. Rowen, and voted 4-0-1 (Mr. Rowen abstained) to approve the Special Permit for a Common Driveway. Mr. Nardella moved, seconded by Mr. Rowen, and voted 4-0-1 (Mr. Rowen abstained) to approve the Special Permit for Access other than Legal Frontage. Forestview Estates: Ms. Lescarbeau stated that she and Mr. Nardella visited two other Pulte - designed subdivisions in Westboro and Ashland. She -stated both she -and Mr. Nardella-were- pleasantly surprised by the homes in the subdivisions. She stated that the lots were small relative to the house sizes, but there was a nice variety of house styles that did not make the subdivisions look like cookie cutter developments. Mike Rizzotti, architect for the applicant stated that none of the proposed lots will have less than 100 feet of frontage. Mr. Nardella stated that he was pleased that the houses he saw took the form of the land. He stated that it didn't look too bad. Ms. Lescarbeau stated that the developer did nice landscaping around the homes. Mr. Simons stated that he would like to see he homes situated closer to the front of the lots. Mr. Rizzotti stated that they are trying to preserve as many trees as possible. Mr. Nardella moved, seconded by Mr. Angles, and voted unanimously to close the Public Hearing. A ft Mr. NardeAa moved, seconded by M modification to the subdivision plan. Bonds: Adjournment: On a motion by IVIr. Nardella, seconciect by Mr. Kowen, the Board voted unanimously to adjourn. The meeting adjourned at 11:15 p.m. i. Planning Board Meeting Department of Public Works September 21, 1999 Members Present: Alberto Angles, Clerk, Richard Rowen, Richard Nardella and William Cunningham, Associate Member were present. Alison Lescarbeau, Chairman arrived at 7:15 p.m. John Simons, Vice Chairman arrived at 7:30 p.m. Heidi Griffin; Town Planner was also present. Minutes: On a motion by Mr. Rowen seconded by Mr. Nardella, the Board voted unanimously to approve the minutes for September 7, 1999 as amended. Discussion: Update from Community Development Director — Foxwood Estates William Scott passed out a memo regarding Foxwood Development dated 9-21-99. Mr. Scott met with the residents on 6-21-99. Mr. Scott requested- that the developer submit funds for a third party engineering review. Mr. Scott stated that they have not had an environmental monitor provide the required reports to the Planning Department for the past six months. Mr. Scott stated that VHB would be conducting the third party review. Mr. Scott read over the- issues that the -residents had concerns with in accordance with his memorandum dated 9-21-99. Mr. Scott stated that there is a 9% slope with no street lights and that is a hazardous situation, particularly public safety access. Mr. Rowen stated that he has an 8% slope on his street with no street lights and there hasn't been a single accident there. Mr. Nardella stated -that the -Planning Board did not require street lights because they didn't want the town to pay for the electricity. Mr. Scott stated that the Board should require that the developer file a modification to clarify this issue. Mr. Scott stated that the developer only began submitting environmental monitoring reports until they were looking for street acceptances. Mr. Scott went over the street tree issue. Mr. Nardella stated that some residents don't want the trees were they are supposed to go. Mr. Scott went over the slope issues with the Board. Mr. Scott stated that the developer will work with D.P.W. and then will proceed to do a hydrology report. Mr. Scott stated that he would like to have the Board authorize that $6,000 be taken from their bond to pay for the consultant to review the subdivision. Mr. Scott stated that he has made a commitment to the homeowners to give them a monthly update on the subdivision. Mr. Rowen questioned that letter regarding the sprinklers- in the - subdivision. Mr. Rowen stated that when we receive a letter from the Fire Department stating that they are all set we are assuming everything is okay. Mr. Nardella stated ♦1 that we are holding $66,000 for this subdivision. Ms. Lescarbeau stated that we have no right to hold all this money, we need to release the amount for what is complete. Ms. Lescarbeau stated that Mr. Scott should investigate what issues we are holding bond monies for, and if monies are being held by items that are complete, the Planning Board should release that money upon a request by the developer. On a motion by Mr. Nardella, seconded by Mr. Rowen the Board voted unanimously to release a sum approximately $6,000 to be used by the Planning Director to accomplish the scope in the letter -dated 6-21-99: NESWC Update Mr. Scott went over the truck routes for MRI. Mr. Nardella asked what would happen if we rescinded the permit because they didn't follow the decision. Mr. Scott stated that they have rescinded their preliminary building permits. Mr. Angles asked if they were acting under a court order to have the plant complete. Mr. Scott stated that their decision expires two years from the decision. Update on Subdivision Audit Ms. Griffin stated that upon completion of the subdivision audit she performed inspections of the subdivisions in Town and discovered that Pinewood, Evergreen Estates and Jared IV Subdivisions had some safety issues. Ms. Griffin requested permissionfrom the Planning Board to write a letter to the developers to tell them they need to fix these problems and give -them thirty days to do- so or bond- monies will be - pulled (by a proper vote of the Planning Board) to allow the Town to rectify these violations. The Board agreed with Ms. Griffin, and instructed her to send the letters to the developers of these subdivisions. Lots 4 & 5 Flagship Drive Greg Weich of Channel Builders stated that they have an approved site plan for this property -dated 4/98. Mr. Weich showed the Board the plans. Mr. Weich stated that they have an electronic assembly business moving- into the building. Mr. Welch stated that there are very little truck deliveries so they removed the rear drive and the impervious area is less. Mr. Weich stated that the Fire Department would have access from the front. The Board went over the plans. Mr. Nardella asked if everything else was inconformance. Mr. Weich stated that the height- and the SF- are less and there is the same number of parking spaces. Mr. Nardella asked when this would be going to construction. Mr. Simons stated that we've done the modification review but if you didn't want to start now I would say we need a Public Hearing but since you want to startgo ahead. Mr: Rowen asked where they are going to -put the -snow in -the -winter. Ms. Griffin stated that she would sign off the plans when a snow removal plan comes in. Ms. Griffin suggested that they add to their plans comment numbers 2 & 3 from the Fire Department. 6 - On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted unanimously to approve the minor modification for Lots 4 & 5 Flagship Drive. Campbell Forest -Discussion Elmer Pease and Ken Grandstaff were present to represent Campbell Forest. Mr. Pease went over the plans with the Board. They are before the Board to go over the plans before they file. They need to file two types- of special permits, for common drives and access other than over legal frontage. Mr. Pease stated that they would be making a new road so they will also need to file subdivision. Mr. Nardella stated that we worked hard on Campbell Forest and this works from a traffic stand point. The Board felt that the plans looked acceptable. Endorse Plans: 33 Walker Road — site plan review Ms. Griffin stated that she recommended that the Board endorse the plans for 33 Walker Road, and that all items needed for prior to endorsement have -been- completed. The Board endorsed the plans for 33 Walker Road. Bond Releaser Brookview Estates— bond release Tim Willett, D.P.W. sent a letter recommending the Planning Board release $53,400.00 and retain $40,800.00 for Brookview Estates. Mr. Willett also recommends a donation to the sidewalk fund of $15,000.00 for Brookview Estates. The Board went over the letter and spreadsheet from Mr. Willett and did not think that the amounts were -correct for the sidewalk fund. The Board did not want to accept a check from the applicant until they received a correct amount from Mr. Willett. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted unanimously to release $37,600.00 and not donate any sum to the sidewalk fund until we get a correct letter from Tim Willett at the D.P.W. Cobblestone Crossing — bond release Tim Willett, D.P.W. sent a letter recommending the Planning Board release $6,600.00 and retain $11,900.00 for Cobblestone Crossing. On a motion by Mr. Rowen, seconded by Mr. Angles, the Board voted unanimously to release $6,600.00 and retain $11,900.00 for Cobblestone Crossing. Salem Forest IV — bond establishment Tim Willett, D.P.W. sent a letter recommending the Planning Board set the roadway bond at $80,700.00. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to set the roadway bond for Salem Forest IV at $80,700.00. 9 Q, Public Hearings (7:30 p.m.): Forestview Estates-- modification Mark Gross of MHF Designs was present to represent Mesiti Development. Mr. Gross stated that they are looking to relocate the pump station that was originally on Rt. 114 into the subdivision. Mr. Gross stated that they would be losing one lot. Mr. Gross stated that they have submitted the plans to Jim Rand at- the DY.W. and he -had concerns with the screening and they are more than happy to address these concerns. Mr. Nardella asked why the tanks need to be underground. Dick Pelletier of Mesiti Development stated that above ground tanks are not allowed per Bob Nicetta. Mr. Rowen asked if they could bring- the screening around the side -of Rt. 114. Mr. Angles asked what is going on the property where the pump station was. Mr. Gross stated nothing. Mr. Rowen stated that he thinks that house changes require a modification. Mr. Rowen stated that his concerns are that the homes we approved were 2200 SF and this look bigger. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to approve the minor modification to allow the pump station per Jim Rand's letter dated 9-21-99 with additional screening to be relocated from Rt. 114 onto Lot 2 and drop the number of homes by one. 69 South Bradford Street — watershed special permit Julie Parino of Hancock Engineering was present to represent the homeowners for 69 S. Bradford Street. Ms. Parino stated that the applicants would like to add on a deck. Mr. Rowen stated that he would rather not make a mountain out of a molehill because - the area was already disturbed from the footings for the house. Mr. Simons stated that we need to restrict them from enclosing the deck unless they come back before the Board. Ms. Lescarbeau stated that this is only for a deck anything in addition would need additional permitting. On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously to close the Public Hearing. Continued: 492 Sutton Street (Campbell)-- site -plan -review - Ms. Lescarbeau stated that the Board did receive a memo from Andy Melanikas at the Fire Department dated 9-16-99 stating that the building did not require sprinklers due to the fact it was under the required square footage. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing. 475 Dale Street — watershed special permit The applicant requested a continuance until the October 5, 1999 meeting. 4 492 Sutton Street (storage facility) — site ,plan review Phil Christiansen and Domenic Scalise were present to represent 492 Sutton Street (storage facility). Mr. Christiansen went over the plans that the Board asked him to re- do. Ms. Lescarbeau asked if they could access the property from Methuen Avenue. Mr. Christiansen stated no, because there is a fence around it for the security of the airport. The Board went over the Plans showing -the -buildings facing- the opposite -way. Mr. Simons stated that the problem with this is that they are trying to put to large buildings on the site. "The Board went over different ways of proportioning the buildings with the applicant. Ms. Lescarbeau asked what the number of units there are for these buildings. Attorney Scalise stated that there -are about 350 —357 units. Mr. Nardella asked what ideas do you have to make this new plan have economic value. Mr. Simons stated that it appears as if the applicant is simply proposing buildings that are too large to fit on the site-. Mr. Simons also -expressed concern over the architectural style of the buildings and stated he was displeased that buildings with such visibility to Sutton Street could not be rendered in a more aesthetically pleasing fashion. The concensus of the- Board relative to the different proposals for this site was that it appeared that the applicant would lose approximately 5,000 square feet from what they were originally proposing in order for the site to be approved. The Board told the applicant to go over the Boards recommendations and -then come back because they believe they are closer to a decision. Ms. Lescareabu stated that she appreciates their efforts. The Board agreed to put this applicant first on the agenda. Continued until the October 5, 1999 meeting. Decisions: 492 Sutton Street (Campbell) — site plan review On a motion by Mr. Angles, seconded by Mr. Nardella, the Board voted unanimously to approve the Site Plan Review Special Permit for 492 Sutton Street (Campbell) as written. Adjournment: On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted unanimously to adjourn. The meeting adjourned at 10:00 p.m. 5 Planning Board Meeting Department of Public Works April 20,1999 Members Present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman and Joseph V. Mahoney were present. John Simons, Clerk arrived at 7:25 p.m. William Scott, Director of ,Community Development and Heidi Griffin, Town Planner were also present. Alberto Angles, Associate Member and Richard Nardella were absent. Minutes: On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to approve the minutes for April 6, 1999 as amended. Discussion: Certificate for Rose Meadow The applicant for Rose Meadow did not get the plans recorded at the Registry of Deeds within six months. The applicants needed the Board to endorse this certificate stating that there has been no modifications or changes to the plans. The Board endorsed the certificate. CIP Recommendations: Roadway Improvements Bill Hmurciak was present to present the CIP for roadway improvements. Mr. Hmurciak stated that this proposal is to reconstruct, repave, install drainage and provide legal work necessary to improve to town standards and accept a prioritized list of private roadways in town. On a motion by Mahoney, seconded by Lescarbeau, the board voted unanimously for a favorable recommendation for roadway improvements. Sidewalk Construction Bill Hmurciak was present to present the CIP for sidewalk construction. Mr. Hmurciak stated that this proposal is to install sidewalks on streets prioritized by the School Department for students at the Sargent and Franklin School. On a'motion by Mr. Mahoney, seconded by Mr. Simons, the board voted unanimously for a favorable recommendation for sidewalk construction. Water Main Rehabilitation Bill Hmurciak was present to present the CIP for the water main rehabilitation. Mr. Hmurciak stated that this proposal is for the water main rehabilitation of old unlined cast iron water mains and the installation of new mains into areas without fire protection. On a motion by Ms. Lescarbeau, seconded by Mr. Simons, the board voted unanimously for a favorable recommendation for the water main rehabilitation. Sewer Sys. Ext. South Side of Lake Bill Hmurciak was present to present the CIP for the sewer system extension on the South side of the lake. Mr. Hmurciak stated that this proposal is for the continuation of the Phase III sewer project. Phase III -D will install sewer on Russett Lane, Winter Street, Glencrest Drive, and Dale Street. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the board voted unanimously for a favorable recommendation for the sewer system extension on the South side of the lake. Sewer Sys. Ext. Watershed Ph. IV Bill Hmurciak was present to present the CIP for the sewer system extension in the watershed phase IV. Mr. Hmurciak stated that this proposal is to construct sewers to service all remaining houses in the Lake Cochichewick watershed. Sewers will service Abbott Street, Dale Street, Great Pond Road, Johnson Street, Marbleridge Road, Osgood Street and Salem Street. On a motion by Mr. Simons, seconded by Mr. Mahoney, the board voted unanimously for a favorable recommendation for the sewer system extension in the watershed phase IV. Sewer System Improvements I/I Bill Hmurciak was present to present the CIP for the sewer system improvements I/I. Mr. Hmurciak stated that this design and construction of sewer system improvements identified by facilities plan. Eligibility requirements have- been modified- by D.E.P. consequently additional areas of the sewer collection system will qualify for the State Revolving loan program. Continuation of Private Inflow removal program. On a motion by Mr. Mahoney, seconded by Mr. Simons, the board voted unanimously for a favorable recommendation for the sewer system improvements I/I. Street Acceptances: Foxwood Drive The residents of Foxwood had drafted a letter and read it to the Board. The letter is dated 4/15/99 and a copy of it is in the Foxwood Subdivision file in the Planning Department. The residents of Foxwood also signed a petition regarding all the problems that still have not been resolved at Foxwood. A copy of the petition can also be found in the Foxwood Subdivision file at the Planning Department. The applicants requested to withdraw their petition for street acceptance for Foxwood Drive. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Berry Street Mr. Scott stated that this road is not part,of subdivision. Mr. Scott stated he would let Bill Hmurciak explain. Bill Hmurciak stated that Berry Street used to be a public way but the Town abandoned it in 1929. There is an interest to accept this road. Mr. Hmurciak stated that they have received a letter from Town Council stating that they can't move forward at this time. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously for unfavorable action to accept,Berry Street. Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Meadowood Road The applicants requested to withdraw their petition for street acceptance for Meadowood Road. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Phillips Common The applicants requested to withdraw their petition for street acceptance for Phillips Common. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Weyland Circle The applicants requested to withdraw their petition for street acceptance for Weyland Circle. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Bucklin Road The applicants requested to withdraw their petition for street acceptance for Bucklin road. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Peterson Road The applicants requested to withdraw their petition for street acceptance for Peterson Road. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Copley circle The applicants requested to withdraw their petition for street acceptance for Copley Circle. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Cobblestone Circle The applicants requested to withdraw their petition for street acceptance for Cobblestone Circle. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. White Birch Lane Mr. Scott stated that the easements and deeds were submitted to Town- Council. Mr. Scott stated that we need to have proof that they have retained ownership. Mr. Rowen asked if this could be clarified by Town Meeting. Mr. Scott stated that as indicated in Section 9 and 10 of the Rules and Regulations they need to request a certificate of compliance by return receipt certified mail. Cherise Circle Mr. Scott stated that the easements and deeds were submitted to Town Council. Mr. Scott stated that we need to have proof that they have retained ownership. Mr. Rowen asked if this could be clarified by Town- Meeting. Mr. Scott stated that as- indicated in Section 9 and 10 of the Rules and Regulations they need to request a certificate of compliance by return receipt certified mail. Old Cart Wav Mr. Scott stated that the easements and deeds were submitted- to -Town- Council. Mr. Scott stated that we need to have proof that they have retained ownership. Mr. Rowen asked if this could be clarified by Town Meeting. Mr. Scott stated that as indicated in Section 9 and 10 of the Rules and Regulations they need to request a certificate of compliance by return receipt certified mail. Huckleberry Lane The applicants requested to withdraw their petition for street acceptance for Huckleberry Lane. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Public Hearings (7:30 p.m.) New: Section 2.27 — building height Mr. Simons read the legal notice. Mr. Rowen asked if this meets the State Regulations. Bill Barrett stated that this meets the state building codes and the current regulations. Mr. Barrett stated that the definition today does not stop building it just makes poor building. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing. On a motion by Mr.. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously for favorable recommendation on Section 2.27. Amend Zoning Bylaw Section 4.133 Mr. Simons read the legal notice. Joan Kulash stated that that this is Thea Fournier's petition but couldn't make it. Mr. Scott went over Ken Kimmells recommendation. Mr. Simons asked- if the Attorney General would strike this petition down. Mr. Scott stated that Attorney Kimmell did not say that. Mr. Scott stated that the Board of Health makes the recommendation and if it isn't done then it is moved on. Mr. Mahoney asked what Mr. Scott is recommending. Mr. Scott stated that he is recommending an -unfavorable -recommendation. Mr. Rowen questioned if it is in the Mass. General Laws why does it have to be restated in the bylaw. Mr. Rowen stated that by putting this in the zoning bylaw it is saying that you have to obey the law. Mr. Rowen stated- that the language in the proposed article- does not clarify the description. Ms. Lescarbeau stated that it is a necessity because it is a state law. Mr. Rowen asked if we could define what a resource recovery facility is. Mr. Rowen stated that he wants to support it but procedurally he can't. Mr. Rowen stated that he is not sure this is the best language for this. Mr. Rowen stated that his preference would be to take it a step further and recommend language for a zoning bylaw change for the next Town Meeting which requires an applicant requesting site plan review for a resource recovery facility to demonstrate that the cumulative impact- of air- emissions does not exceed recommended levels in North Andover. Mr. Rowen stated that what we went through last summer was painful for a lot of people. On a motion by Ms. Lescarbeau, seconded by Mr. Simons, the Board voted unanimously for unfavorable action for Section 4.133. Rezone Rt. 114 —Atlantic Realty Trust Tom Laudani was present to present the rezoning of Rt. 114. Mr. Laudani stated that the pieces to be rezoned are the ABC parcel, Rea parcel and two of the McGregor parcels. Mr. Laudani stated that the ABC and Rea parcels are I-1 and the McGregor parcels are B- 1 and residential. We have met with Mr. Scott as with other departments. Ms. Lescarbeau asked what the area was. Mr. Laudani stated that it is about 12 acres. Mr. Scott stated that (VC)- is the -most restricted- area and requires a- larger lot area. Mr. Rowen asked if there were any plans for development. Mr. Laudani stated that he would like to get it rezoned and then work with the Town to go over what would be useful. Ms. Lescarbeat} asked who are the abutters in the rear. Mr. Laudani stated that behind the property is Woodlea Village and two Form=A lots and next to it is Jefferson- Park. Mr. Laudani stated that there is a significant buffer from Woodlea. Mr. Laudani stated that the developable portion of the property is small and is only about 6,650 SF pads. Mr. Simons asked if they are planning on putting all 6 lots together. Mr. Laudani stated that they have 4 lots and McGregor has 2 lots. Mr. Simons stated that he -would like to -see -the properties connected. Mr. Laudani stated that they could not because there is a tributary in between Mr. McGregor's property and ours. Mr. Scott stated that during dialog with the ConCom they stated that nobody is going to cross the tributary. Mr. Simons asked if there were single- ownership would you- do it this way. Mr. Laudani- stated- that it wouldn't matter. Mr. Scott stated that with Village Commercial they need 90,000 SF for a requirement. Mr. Simons stated that he thinks Mr. Laudani should explain this better at Town Meeting. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously for a favorable recommendation for rezoning Rt. 114 Atlantic Realty Trust. Rezone Osgood Street — Forgetta property John James Jr. was present to present the 17 -acre Forgetta parcel. Mr. James stated that after meeting with the Planning Department they had withdrew. The two homes owned by the family is currently l-2 and only want to -re=zone the parcels with the homes on them. The parcel in question is about 5 acres. Mr. James stated that they have already met with Mr. Scott. Mr. Forgetta showed the Board the property on the plan. Mr. Forgetta stated that this is already a non -conforming use. Mr. Simon stated that we should plan long term. Mr. Simons stated that he would like some time to talk about this. Mr. James stated that he would get a plan showing the boundaries. Continued until the May 18, 1999 meeting. Rezone Rt. 114 — Hajjar property Scott Hajar was present to present his zoning change for Rt. 114. Mr. Hajar stated that he has met with Mr. Scott and decided that he would like to change his zoning to Village commercial instead of General Business. Mr. Hajar stated that he has scheduled a Public Hearing for April 29, 1999 to discuss the rezoning to Village Commercial. The Board . agreed it would be a better plan. Donald Cresiteli of 197 High Street stated that he has property at 642 Turnpike Street across the street from Mr. Hajar. Mr. Cresiteli stated that he does not want to be the only one that is not Village Commercial. On a motion by Ms. Lescarbeau, seconded by Mr. Simons, the Board voted unanimously to close the Public Hearing. On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the board voted unanimously for unfavorable action to rezone Rt. 114 to General Business. We will be discussing the rezoning to Village Commercial on April 29, 1999. 492 Sutton Street (storage fy) The applicants requested a continuance until the May 18, 1999 meeting due to the lack of members at the meeting. Lot 23B & 24B Rocky Brook — common drive Continued until the May 18, 1999 meeting. Lot 23B & 24B Rocky Brook — access other than over frontage Continued until the May 18, 1999 meeting. Calf Pasture — definitive subdivision Ralph Joyce was present to present the application for Calf Pasture and the Rea Street, common drive. Mr. Joyce stated that he has made all the changes to the plan per the Planning Department. Joe Averka had questions regarding whether there -had been any new surveying done on the property. Mr. Averka stated that he and his mother are in the dark on this project. Mr. Joyce stated that there has not been any new surveying on the property. Mr. Rowen went over the location of the home with the Averka's. The Board went over the plans. Mr. Scott stated that in the decision there would be a list of waivers. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public hearing and issue a decision for both hearings at,the April 29, 1999 meeting. Continued: Rea Street — common drive The 'Board discussed this hearing with Calf Pasture since they were of the same property. Decisions: 5 Boston Hill Road telecommunications tower On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to approve the decision for 5 Boston Hill Road, Telecommunications Tower as amended. Adjournment: 0 On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board vote adjourn. The meeting adjourned at 10:00 p.m. Planning Board Meeting . Department of Public Works April 6, 1999 Members Present: Joseph V. Mahoney and Alberto Angles, Associate Member was present. Richard Rowen, Chairman and Richard Nardella arrived at 7:10 p.m. John Simons, Clerk arrived at 7:25 p.m. Alison Lescarbeau, Vice Chairman arrived at 7:50 p.m. William Scott, Director of Community Development was also present. Minutes: On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to approve the minutes for March 16, 1999 as amended. Discussion: 57 High Street (dentist collaborative) The applicant of 57 High Street is looking for an amendment to the Site Plan Review. Waiver. The applicant stated that the Building Inspector would not issue the permit for the sign because of the language in the minutes. The minutes stated that they would be putting in a small sign. Mr. Rowen stated that he does not have a problem as long as they are. in accordance with the sign bylaw. The Board agreed with Mr. Rowen. On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted unanimously to. amend 57 High Street's Site Plan Review Waiver decision as long as they are in compliance with the sign bylaw. Endorse Plans: Rocky Brook II — land court Mr. Scott recommended the Board endorse the plans for Rocky Brook II. The Planning Board endorsed the plans for Rocky Brook II. Lyons Way — definitive subdivision Mr. Scott recommended the Board endorse the plans for Lyons Way. The Planning Board endorsed the plans for Lyons Way. Rokus Property — Form -A Mr. Scott stated that this plan has already been approved and endorsed but the applicant lost the mylar and needed to get a mylar recorded to get a building permit. The Planning Board endorsed the Form —A plan for Johnson Street. Campbell Forest — Form - A Mr. Scott recommended the Board endorse the plans. The Planning Board endorsed the Form —A plan for Webster Road. Summer Street — Form -A The Planning Board did not endorse the Form — A plan for Summer Street. The Board wanted the applicant to show the lot line that was going to be removed on the plan. Continued: The Sanctuary — definitive subdivision Bill Scott went over the plans with the Board. Mt. Scott went over the list of waivers with the Board. The Board had no other issues. On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing. Rea Street — common drive Ralph Joyce was present representing Rea Street. Mr. Joyce stated that he has met with Mr. Scott and Mr. Joyce understands why he needed to file a definitive plan. Mr. Joyce stated that he has applied for a definitive application to be heard on April 20,1999. Mr. Joyce stated that he has amended the deed and the covenant. Mr. Joyce went over the plans with the Board. Mr. Joyce stated that he added the details to the plan that the Board asked. Mr. Scott stated that this plan meets the requirements for a common drive. Lot 1 Dale Street — repetitive petition Richard Rowen stated that the question at the last meeting was based on why the Zoning Board of Appeals voted the way they did. Mr. Rowen stated that he wrote a letter to -R-aymond Vivenzio, Acting Chairman at the time, asking why the Board voted the way they. did. Mr. Rowen stated that Walter Soule was running the meeting and prior to the decision Mr. Soule stepped down as Chairman and Mr. Vivenzio stepped up as chairman. Mr. Rowen stated that he spoke to Mr. Soule a couple of days later that is how he knows this. Mr. Nardella stated that he has spoken to Walter Soule and has read the letter. Mr. Nardella stated that he personally would vote in favor of the repetitive petition. Mr. Nardella stated that he feels enough has changed. Mr. Simons wanted the applicant to demonstrate that there were specific and material changes to the plans previously denied by the Zoning Board of Appeals. Elmer Pease of PD Associates stated that there were a number of changes after the Zoning Board of Appeals denial and before the Planning Boards approval. Mr. Pease went over the two sets of plans with the Planning Board. Mr. Simons asked Mr. Pease if the actual request for the variance was for the roadway. Mr. Pease stated that it was. On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing. 2 Clark Street — site plan review Doug Dushame of King Aircharters was present to represent 2 Clark Street. Mr. Dushame stated that they have met with John Chessia, Town's Outside Consultant, and have gone through his issues. Mr. Dushame stated that they have addressed all concerns with the Plumbing Inspector and changed the pipe to the outside. Mr. Dushame stated that they made notations on the plan per the Board. Mr. Dushame stated that they would provide an easement for D.P.W. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to close the Public Hearing. Decisions: The Sanctuary — definitive subdivision On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to approve the definitive subdivision as written known as The Sanctuary. Lot 1 Dale Street — repetitive petition -0n a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to recommend the approval to re -apply to the Zoning Board of Appeals because the Planning board found specific and material changes to the plans for Lot. l Dale Street. 2 Clark Street — site plan review On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the Site Plan Review as amended known as 2 Clark Street. 5 Boston Hill Road - telecommunications tower Continued until the April 20, 19,99 meeting. Chickering_ Road (Nassar property) — site plan review waiver Ben Osgood Jr. was present to represent Carolyn Crreico, the applicant to lease the property. Mr. Osgood went over the existing plans for the property. Mr. Osgood stated that they are trying to find a way to improve the parking. Mr. Nardella stated that he has heard several complaints about Sal's dumpster. Mr. Nardella stated that he does not want to see a dumpster on Main Street. Mr. Rowen asked who ultimately is in charge of the dumpsters in Town. Mr. Scott stated that the Fire Department is in charge of them. Mr. Rowen stated that he would like Mr. Scott to write a letter to the Fire Department in regards to this site plan review waiver and reference the dumpster location. On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to waive the site plan review on the Chickering Road (Nassar property) with Bill Scott's letter to the Fire Department. Discussion: Street Acceptances: Berry Street Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Meadowood Road Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Phillips Common Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Planning Department to research whether this road has already been accepted. Foxwood Drive Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Huckleberry. Lane Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Bucklin Road Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Peterson Road Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. White Birch Lane Continued until the April 20,1999 meeting due to lack_ of information submitted to the Planning Department. Cherise Circle. Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Old Cart Way Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Adjournment: On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to adjourn. The meeting adjourned at 9:15 p.m. Planning Board Meeting Department of Public Works. February 9, 1999 Members Present: Richard S. Rowen, Chairman, Joseph V. Mahoney and Richard Nardella were present. Alison Lescarbeau, Vice Chairman John Simons, Clerk, Alberto Angles, Associate Member and Amy Chongris, Planning Secretary were absent. William Scott, Director of Community Development was also present. Minutes: On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to approve the minutes for January 19, 1999. Endorse Plans: Form -A Windkist Road The Board endorsed the Form -A Plan for Windkist Road. Public Hearings (7:30 p.m.) : The Sanctuary - definitive subdivision John Soucy of Merrimack Engineering was present representing The Sancutary. The Board went over drainage issues with Mr. Soucy. Mr. Rowen asked about sidewalks in the subdivision. Mr. Scott stated that Mr. Soucy should call Fred Soucy regarding the sidewalks. Mr.Soucy asked how should they address the street tree issue. Mr. Rowen stated that he believes that the majority of the Board will want to see street trees. Mr. Soucy stated that he will draw up two sets of plans one showing street trees along the road and another plan showing them in clusters. The Board also discussed alternative for the cul-de-sac. Mr. Rowen asked if there were any other issues. Mr. Scott stated no. Continued until the February 16, 1999 meeting. Continued: 1 Clark Street (formerly Borden Chemical - site plan review Mr. Scott passed out a draft decision,to the Board. The Board went over the draft decision with Mr. Scott. The Public Hearing was continued until the February 16, 1999 meeting. Lawrence Municipal Airport (hangar) - site plan review Ben Osgood Jr. submitted a letter of withdrawal for the hangar at Lawrence Municipal Airport. On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to allow Ben Osgood Jr. to withdraw his application for the Lawrence Municipal Airport. r ,1 Adjournment: On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to adjourn. The meeting adjourned at 8:30 p.m. Planning Board Meeting Department of Public Works January 19, 1999 Members Present: Richard S. Rowen, Chairman, Joseph V. Mahoney and Alberto Angles, Associate Member were present. Alison Lescarbeau, Vice Chairman arrived at 7:10 p.m. Richard Nardella arrived at 7:45 p.m. p.m. John Simons, Clerk arrived at 8:25 p.m. Kathleen Bradley Colwell, Town Planner was also present. Minutes: On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to approve the minutes for January 5, 1999. Discussion: Pre conference discussion proposed telecommunications site Tom Schnorr of Palmer & Dodge and Tim Wysocki of AT & T were present representing AT &T. Mr. Schnorr stated that he had a brief meeting with Ms. Colwell to raise comments on the new wireless communications bylaw. Mr. Schnorr passed out a memorandum with questions and comments that they had on our bylaw. A record copy of the memorandum dated January 19, 1999 from Thomas G. Scnorr of Palmer & Dodge is in the file. Salem Forest IV - Extension of time to complete subdivision Attorney Michael Hart was present representing Salem Forest IV. Mr. Hart stated that they are looking for an extension to complete the subdivision. Mr. Hart stated that the Farr's had the subdivision under agreement and they ran into a brick wall regarding an easement with the Electric Company. Mr. Hart stated that they are all set now. Mr. Hart stated that Coolidge Construction is ready to go forward with the subdivision. Mr. Hart stated that condition #17 of the decision for the definitive subdivision needs to be changed, condition #10 of the decision for the- special permit needs to be changed and the covenant needs to be changed. Mr. Hart stated that they are looking for a one year extension. Ms. Colwell recommended that they get a two year extension so they don't have to come to the Board. Ms. Colwell stated that she typed up a new covenant for the Board to sign. The Board endorsed the covenant. Lot F - Extension of time to complete site Ms. Colwell stated that the applicant is looking for an extension- for their special- permit. Ms. Colwell stated that she does not recommend an extension. Ms. Colwell stated that they have not yet proven that the drainage works and we have not seen any plans. Ms. Colwell stated that she spoke to Barbara McElroy of Intellisense and she stated that they are planning on selling the property. On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to not extend the permit for Lot F Flagship Drive. Endorse Plans: Form - A Berry Street & Rt. 114 Ms. Colwell stated that at the last meeting Jim Rand asked the Board not to endorse the plans because the road had to be brought up to town standards. Patrick Garner went over the plans with the Board. Jim Rand wrote a memo stating that he now recommends the Board to endorse the plans. Ms. Colwell stated that the applicant will be making the -improvements. Mr. Rowen asked if people drive on the road now. Ms. Colwell stated that they do and it is plowed. Mr. Mahoney asked if they got a certificate from the Town clerk stating that the road is used and maintained as a public way. Ms. Colwell went over the guidelines for -determining ANR endorsement. Ms. Colwell suggested that the - applicants get something from Jim Rand and have the Town Clerk certify it and then we will endorse the plan upon receipt of that letter. Form -A Rea Street (Joyce) Ms. Colwell stated that the Zoning Board of Appeals set conditions in their decision for the variance. Ms. Colwell stated that they have to get the common drive special permit before we can endorse the Form - A. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted 5-1 to not endorse the Form -A plan for Rea Street until the conditions have been met for the Zoning Board of Appeals decision. Mr. Angles abstained. Bonds: Foxwood - definitive subdivision Ms. Colwell stated that the issue is that there is a deck in the buffer zone and the detention pond is not built correctly. Ms. Colwell stated that if one deck is in the buffer zone then there are probably more decks in the buffer zones. Ms. Lescarbeau stated that it isn't our problem and that should of showed up in the- title search. Ms. Colwell stated that they would like the developer to show the 50' buffer. Ms. Colwell stated that they also want one as -built for the road and one for the open space. Ms. Colwell stated that we don't have plans for individual homes. Mr. Nardella stated that these homes were built four years ago and we haven't found out until -now. Ms. Lesearbeau- stated that we should require certified plot plans prior to the sign off of the occupancy permit. Ms. Lescarbeau stated that most towns require certified plot plan. Mr. Nardella stated that we can make that a part of our decision. Mr. Rowen stated that if they built them wrong let them show us where they're wrong. Mr. Nardella stated that we always promised the developers their money back. Ms. Lescarbeau stated that she will not hold bond money for the poor lady on Lot 16, but I will hold money for the detention pond. Mr. Rowen stated that Coler & Colantonio stated that the detention pond was built wrong and that it doesn't work and it has great potential to flood the neighbors. Ms. Colwell stated that DPW stated that it was working correctly. Ms. Lescarbeau stated that it seems to her that it is a new issue and she does not feel that we should hold bond money every time there is a new issue. Mr. Mahoney asked how much the deck encroached. Ms. Colwell stated that it was a 10' encroachment. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted 3-2-1 to release $10,000 for the Foxwood subdivision. 701 Salem Street - site plan review Mark Ford was present representing 701 Salem Street. Mr. Ford stated that they are before the Board tonight for a bond release. Mr. Ford stated that they have a petition from the abutters stating that they do- not want a fence so in lieu of the fence the applicants are willing to plant low bushes. Mr. Rowen stated that they need to put taller trees on the right side and the left side of the of the detention pond. Mr. Rowen stated that there is also a stop sign that doesn't belong on the entrance side of Abbott Street. Mr. Rowen stated that it is not an exit so it doesn't belong. Attorney Fox stated that they anticipate the cost of the trees to be $2,500 - $3,000. Attorney Fox stated that the stop sign issue will be resolved. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to release $17,000 and retain $3,000 until the tree planting is completed in the Spring for 701 Salem Street. 369 Salem Street - watershed special permit John Xenakis, Attorney Ford and Attorney Fox were present representing 369 Salem Street. Ms. Colwell stated that there was a failing septic system in the watershed and the homeowner posted a $3,000 bond for the- Watershed Special Permit with the Planning Board. Ms. Colwell stated that the homeowners sold the home and they never got the $3,000 back when the new homeowners bought the house. Ms. Lescarbeau stated that we shouldn't be here to solve other peoples problems. Mr. Mahoney asked why are we releasing this bond. Ms. Colwell stated that no one else on Salem Street has a bond being held. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted 5-1 to release the bond being held for 369 Salem Street. 476 Chickering Road (Sal's Pizza)- site plan review Sal Lupoli was present representing 476 Chickering Road. Ms. Colwell stated that we are holding $10,000 for 476 Chickering Road. Ms. Colwell stated that they are missing one parking space and had issues with the drywell. Mr. Lupoli stated that they. will re -stripe the parking lot. Mr. Lupoli's landscaper passed out a new landscape plan which has been approved by DPW. The Board looked over the landscape plan and they had no issues. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to Release $7,000 and Retain $3,000. Public Hearings (7:30 p.m.) : Lawrence Municipal ALrport (hangar) - site plan review Ben Osgood Jr. was present representing the Lawrence Municipal Airport. Mr. Osgood stated that he had submitted plans and the owner wanted to make changes to the plans. Mr. Osgood stated that he has sent the changes to John Chessia. Mr. Osgood stated that he did not want to continue the Public Hearing just in case some -abutters showed up. Mr. Osgood went over the plans with the Board. Mr. Osgood stated that they will access the hangar through the existing driveway. The property is 50' off of Sutton Street. Mr. Osgood stated that the hangar will be 20' high with a folding door. Mr. Osgood stated that we will be installing a berm with 6' high -white pines. Mr. Rowen asked if they will be cutting down the trees to make the berm. Mr. Osgood stated that they will be cutting down some, but not the big trees. Mr.Mahoney asked who the applicant was. Mr. Osgood stated that it was Accurate Builders. Mr. Osgood stated that there will be no lighting unless -facing the runway. Mr. Osgood stated that they have kept all runoff going into the catch basins. Mr: Osgood stated that they have installed a sub -drain. Mr. Angles questioned the area behind the hangar. Mr. Osgood stated that it was the access to the hangar for fire trucks. Continued until the February 2, 1999 meeting. Continued: Lot B-1 Great Pond Road - watershed special permit The applicant requested a continuance until the February 2, 1999 meeting. Lot 1 Dale Street (Coventry) - watershed special permit The applicant requested a continuance until the February 2, 1999 meeting. Adjournment: On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to adjourn. The meeting adjourned at 9:00 p.m. y £.-�;yru ra y xs i ?iotice to ""PLICA! N CLERK and Certification a , Z of Plamewg Board motive SubL.v,' ion Plan entitled: `�- Definitive & Special Permit Plan Foxwood in North.Andover, MA gy; Mer_rimack._engine erng_Services,..__Inc. _—_dated. ---May 1993 _.._-_. 1 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 ztuuiing with the land", or otherwise provide security for the con- st on ti struction of ways and the installation of municipal services within said sub-. division, all as provided by G.L. c. 41, S. 81-U. PJORTH,)WDO M PAP � Date: February 1, 1994 By: Richard A. Nardella, Chairman 2. That all such construction and installations shall in all respects i r 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: V a SEE ATTACHED This is to ce" that twenty (20) days have elapsed from data of dedsion filed without t8i<p of an appeal _ _ 1 7bM Cb* ATTEST: X nue Copy.. x .P ICE - -TownIn C�nfkthai the no appeal shall have been taken from said approval within twenty days 'from this dates the North Andover Planning Board will forthwith thereafter endorse its formal -approval upon said plan. PJORTH,)WDO M PAP � Date: February 1, 1994 By: Richard A. Nardella, Chairman FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81—L, for approval of a proposed subdivision shown on a plan entitled Definitive & Special Permit PLan Foxwood in North Andover, MA by Merrimack Enaineerincr Services. Inc. dated Ma_t 1993 being land bounded as follows: East by Commonwealth of Massachusetts, South by Molley Towne Road, West by various owners, North by Salem Street, and land of various owners. hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title Reference: North Essex Deeds, Book 1882, Page 131 ; or Certificate of Title No. , Registration Book , page Other: Said plan has( ) has not(X) evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) disapproved ( on , 19 The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the ..Board of Health, and all general as well as zoning by—laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree— ments herein shall be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: Date: Time: Sirmature: Signature of Applicant 733 Turnpike Street North Andover, MA 01845 Address Foxwood Definitive Subdivision Conditional Approval The Planning Board herein approves the 49 lot Definitive Subdivision, known as Foxwood, upon the application of Summer Street Realty Trust, 733 Turnpike Street, North Andover, MA 01845, dated November 15, 1993. The area affected contains approximately 65 acres in a Residential- 2 Zone off of Salem Street. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated December 9, 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 except as noted in Condition 19. 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 A no -cut line that follows the grading line behind each lot must be placed on the plans. b The stone wall along the curve of the roadway adjacent to Lots six (6) and seven (7) must be added to the plan. c. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board's decision. d"Y A detailed construction schedule must be submitted as part of the plans. A detailed build -out time line must also be submitted. Both must be in accordance with the Phasing Plan contained in the Erosion and Siltation 4 a 2. Control Program dated December 23, 1993. e 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(g). Right of way dedication easements for the proposed roadway shall be prepared at the applicant's expense and provided to the Planning Office. gy: The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. �,h</ All drainage, water, and sewage facility designs shall be Iapproved 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(d). R All application fees must be paid in full and verified by the Town Planner. 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 Special Permit and Subdivision Decision for this project must appear on the mylars. 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. Prior to the start of construction: The record plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b. All erosion control must be in place as outlined in the Erosion and Siltation Control Program dated December 23, 1993. DC_ A sewer extension permit must be obtained from the Division of Water Pollution Control of the 2 0 Massachusetts Department of Environmental Protection. 3. Prior to any lots being released from the statutory covenants: a. A complete set of signed plans,. a copy of the Planning Board decision, and a copy of the Conservation Commission Order of Condition must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. The subdivision construction and installation shall in all respects conform to the rules and regulations, and specifications of the Division of Public Works. b. Plans, specifications, and shop drawings of a water booster pumping station for the subdivision must be submitted to the Division of Public Works and the Massachusetts Department of Environmental Protection for review and approval. The submittals must also be reviewed by the consulting engineer for the Division of Public Works at the developer's expense. C*9 The developer must tie into the existing Town of North Andover municipal sewer system. If the developer is unable to tie into the North Andover municipal sewer system, the Planning Board reserves the right to vote to modify or rescind the subdivision approval. d. Lots will be released incrementally as site work is completed per the Phasing Plan contained in the Erosion and Siltation Control Program dated December 23, 1993: 4". Prior to any lot release, Phase lA must be complete. ii. Prior to any release of any lot in Phase 2, site work must be complete in Phases l.A, 1B, and 2A. iii. Prior to release of any lot in Phase 3, site work must be complete in Phases 1A, 1B, 2A, 2B, and 3A. e. Lots included for release in each phase area are as follows: Phase 1 - Lots 1, 2, 49, 48, 47 ' Phase 2 - Lots 3, 4, 5, 6, 711 8, J, 10, 11, 12, 13, 14, 15, 16 ,17, 18, 40, 41, 42, 43, 44, 45, 46,,, -- Phase 3 - Lots 19, 20, 21, 22, 23, 24, 25,_ 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 3 f. 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 determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. g. Prior to releasing lots the Planning Board must make a finding that the Phasing Plan within the Erosion and Siltation Control Program and the Erosion and Siltation Control Program are being adhered to and that any unforseen circumstances have been adequately addressed. h. The applicant must submit a lot release FORM J to the Planning Board for signature. i. A Performance Security (Roadway Bond) in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. Items covered by 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 j. All proper documents and easements required through Condition 1 shall be in place. k. 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. 4. Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a. . The Planning Board must by a majority vote make a finding that the Phasing Plan in the Erosion and Siltation Control Program and the Erosion and Siltation Control Program are being adhered to and that any unforseen circumstances have been adequately addressed. 4 61A b. The applicant must submit to the Town Planner proof that the FORM M referred to in Condition 1(g) above, was filed with the Registry of Deeds office. C. A plot plan for the lot in question must be submitted, which includes 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, vii. all required zoning setbacks, viii. location of any drainage, utility and other easements. 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 hay bales to prevent siltation into the drain lines during construction. f. The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. The Town Planner'shall verify this information. g. Lot numbers, visible from the roadways must be posted on all lots. Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a. The Planning Board must by majority vote make a finding that the Phasing. Plan in the Erosion and Siltation Control Program and the Erosion and Siltation Control Program are being adhered to and that any unforseen circumstances have been adequately addressed. Upon making such finding, the Planning Board, by majority vote, will direct the Planning Staff to verify additional Certificates of Occupancy. b,/ Prior to an occupancy permit for any lot uphill of Lot W 5, the stone wall must be constructed along the roadway as shown on the plans. C. The roadway must be constructed to at least binder coat 5 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. d. All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. e. Permanent house numbers must be posted on dwellings and be visible from the road. f. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Board in regards to erosion, water run off, and safety. g. All lots must be raked, -loamed and seeded, sodded, or mulched if the weather does not permit seeding or sodding. - h. 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. i. The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. 6 Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a. The Planning Board will, by a majority, vote to release any security retained. b. The Open Space ,Parcel must be transferred to either the `-� State or the Town. ---��- c. The detention pond adjacent to Molly Town Road must be loamed and seeded. d. An as -built plan and profile of the site shall be submitted for review and approval. 11 7. 8. NA e. 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. 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. g. 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. h.. Sidewalks are to be constructed along one side of the roadway. The applicant agrees to the following as per an agreement with the Department of Environmental Management: a. �J The applicant must create a series of small shallow detention basins along the swale system proposed to traverse the southeastern quadrant of the parcel. These basins will be approximately 15 to 20 feet in radius and will serve to detain some runoff during small events and act as a velocity suppressor during heavier events so that the detention pond will have a greater functional capacity and reduce the velocity of the discharge into the adjacent wetland area. The applicant must access create these basins and the the existing condition of smoothing out the surface. A sewer service property line mu; the route of the along Molly Town Road to detention pond and improve the road by grading and connection from ;t be provided for off site sanitary the sewer main to the each house and lot along sewer. The sewer extension for the subdivision will be subject to the policies of the Division of Public Works regarding the mitigation of groundwater infiltration into the existing sewers. 7 S The Town Planner will review any signs project. The applicant must obtain required by Section 6 of the Bylaw. for the of the Town. utilized for this a sign permit as The Planning Board r ny l fighting su eco' ?rior to acceptance 11. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 12. There shall be no burying or dumping of construction material on site. 13. The location of any stump dumps on site must be pre -approved by the Planning Board. 14. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. .�. 16. 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. 17. The following waivers have been granted by the Planning Board: Section 7(A)(1)(h) Centerline radii greater than 150 feet (Centerline radii of 100 feet approved). Section 7(A)(3)(d) Road grade greater than 6 percent waived. Grade of 8 percent maximum approved. Section 7(A)(4)(a) Dead end street in excess of 600 feet (length of road to top loop is 2100 feet.] Section 7(A)(2)(a) Residential Street Right of Way waived from 50 feet to forty feet. 8 These waivers have been granted in an effort to minimize the amount of cutting and filling required on the slope of the hill thereby decreasing the amount of erosion and siltation on site. 18. 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 information: 1. Booklet entitled: Developer: Site Engineer: Architect: Dated: 2. 3. 4 5. Foxwood at North Andover Salem and Summer Streets Summer Street Realty Trust - Thomas D. Laudani Merrimack Engineering Services Miquelle - MZO Group November 30, 1993 Erosion and Siltation Control Program Foxwood, North Andover, Massachusetts 01845 December 23, 1993 Prepared for: Summer Street Realty Trust P.O. Box 6700 North Andover, Massachusetts 01845 Prepared By:. Wetlands Preservation, Inc. 569 North Street Georgetown, Massachusetts 01833 Hydrologic Impacts on Wetland Resource Areas Foxwood Subdivision North Andover, Massachusetts 01845 January 4, 1994 Prepared for: Summer Street Realty Trust 733 Turnpike Street, Suite 209 North.Andover, Massachusetts 10845 Prepared By: Wetlands Preservation, Inc. 569 North Street Georgetown, Massachusetts 01833 Drainage Analysis for Foxwood in North Andover, Massachusetts Prepared for: Summer Street Realty Trust 733 Turnpike Street, Suite 209 North Andover, Massachusetts 10845 Prepared by: Merrimack Engineering Services, Inc. 66 Park Street Andover, Massachusetts 01810 November 1993 Development Summary - Foxwood North Andover, Massachusetts W Merrimack Engineering Services, Inc. 66 Park Street Andover, MA 01810 6. Plans entitled: Owned & Developed by: Scale: Dated: Prepared by: Definitive and Special Permit Plan Foxwood in North Andover, Mass. Summer Street Realty Trust 733 Turnpike Street - Suite 209 North Andover, MA 01845 as noted May 1993, rev. 12-9-93 Merrimack Engineering Services, Inc. 66 Park Street Andover, Massachusetts 01810 CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Foxwood.Sub 10