HomeMy WebLinkAboutDecision SPR 05-15-2002 Town of North Andover 14onY11
Office of the Planning Department �� • " ' `` °p
Community Development and Services Division
n by
27 Charles Street
North Andover Massachusetts 01.845
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Telephone (978)688-9535
,Pax (978)688-9542
Notice Of Decision
Any appeal shall be filed
Within (20) days after the �..
Date of filing this Notice _,<
In the Office of the Town
Cleric — y
• CD Cu7 i''
Date: May 15, 2002 � �"
Date of Hearing: May 7, 2002 "y
Petition of: Mesiti Development 231 Sutton Street North Andover MA
Premises Affected: Route 114 Turnpike Street across fiom Johnson Street
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 8.3 and 10.3.
So as to allow: the construction of 96 age restricted town homes within the Village
Residential Zoning District
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit for Site Plan Review, based upon the following conditions:
Signed: b
Jo Sims, Chairman
Cc: Applicant Al rto Angles, Vice Chairman
Engineer Richard Nardella, Cleric
Abutters Felipe Schwarz
DPW George White
Building Department
Conservation Department
Health Department
ZBA
N C N d
BOARD OF APP 88-954I BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING}688-9535
MAY 16 ZDD
BOARD OF APPEALS
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Boston Ski Hill
Site Platt Review - Special Permit
The Planning Board hereby approves the Special Permit/Site Plan Review for the construction of 96
townhouses to be built upon the land shown on Map 107A& 107C,Lots 149&10,located in the village
Residential zone. Mesiti Development,231 Sutton Street,North Andover,MA 01845,requested this
Special Permit/Site Plan Review on April 17,2002.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
.FINDINGS OF FACT:
1, The specific site is an appropriate location for the project as it is located in the Village Residential
Zone and the use is multi-family residential.
2. The use as developed will not adversely affect the neighborhood, as the project is residential in
nature.
3. There will be no nuisance or serious hazard to vehicles or pedestrians as indicated by the Traffic
Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the
Town's Outside Engineering Consultant,Vanasse Hangen Brustlin,Inc,
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw,
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5. The site drainage system is designed in accordance with the Town Bylaw requirements. The
drainage calculations submitted by Marchionda & Associates were reviewed with the Town's
Outside Engineering Consultant,Vanasse,Hangen,Brustlin,Inc, and deemed to be acceptable.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3
and for Special Permits as stated in Section 10.3 of the Zoning Bylaw,
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The facility will be connected to the municipal sewer system in the Town of North Andover.
Moreover, the Town will not be.responsible for maintaining or plowing any of the ways shown on
the Site Plans.
8, The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw.
Finally, the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3(5) and (6) subject to the following conditions. The
Planning Board hereby grants an approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
Permit Definitions:
i) The"Locus"refers to the 33.35 acre parcel of land adjacent to Route 114 also known as
Turnpike Street and located across from Johnson Street,North Andover,Massachusetts.
ii) The"Plans"refer to the plans prepared by Marchionda&Associates,L.P. dated June 20,
2001 and last revised April 12,2002, entitled "Boston Hill ail Age-Restricted Community
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Located in North Andover,Massachusetts"consisting of Sheets 1 through 25 and Ll through
L4,
iii) The"Project"or"Boston Hill Condominiums"refers to the development of 96 age-restricted
townhouse condominium units at the Locus in accordance with the Plans and the instant
Special Permit.
iv) The"Applicant"refers to Mesiti Development, the applicant for the instant Special Permit.
v) The "Condominium Documents"refers to the condominium trust, master deed and rules and
regulations of the Boston Hill Condominium,
vi) The"Board of Trustees"refers to the Board of Trustees of the Boston Hill Condominium.
vii) The"Unit Owners"refers to the owners of the units at the Boston Hill Condominium.
viii)The"Project Owner"refers to the person or entity holding the fee interest to the title to the
Locus from time to time which can include but is not limited to the applicant,developer, and
Board of Trustees of the Boston Hill Condominiums.
1) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS,
A) The final plans must be reviewed and approved by the Town's Outside Engineering Consultant,
and the Planning Department and be endorsed by the Planning Board. The final plans must be
submitted for review within ninety days of filing the decision with the Town Clerk.
B) The restriction providing that the Open Space Parcel (defined below) shall be retained in
perpetuity as described below(the "Land Restriction") must be reviewed and approved as to form
by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a
timely fashion but in no event Iater than thirty(30)days after submission.
i) The Open Space Parcel A shown on Sheet 23 of 25 of the Plans shall be owned by
the Board of Trustees or organization of unit owners of Boston Hill Condominium as
defined herein (the "Open Space Parcel"). A perpetual restriction running to or
enforceable by the Town shall provide that the Open Space Parcel shall be retained
in perpetuity for either conservation, agriculture or recreation purposes (the "Land
Restriction"), All uses and structures shown on the Plans (such as, for example,
drainage purposes)shall also be permitted under the Land Restriction.Moreover, the
Open Space Parcel shall not be open or accessible to the general public but shall be
devoted exclusively to the use and enjoyment of the residents and invitees of the
Boston Hill Condominium; provided, however, that the hiking trail shown on said
Sheet 23 (and the six accessory parking spaces thereto) shall be open and accessible
to the general public solely for hiking purposes.
C) The Land Restriction shall be recorded at the North Essex Registry of Deeds with a copy of the
recording provided to the Planning Department,
2) PRIOR TO THE START OF CONSTRUCTION
A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities on the site,
B) A bond shall be posted (per agreement with the North Andover Planning Board) a Site Opening
Bond/Erosion Control Bond in the total amount of twenty thousand ($20,000.00)dollars for the
purpose of covering any contingencies that might affect the public welfare such as site--opening,
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clearing, erosion control and performance of any other condition contained herein. The
Guarantee shall be in the form of a check made payable to the Town of North Andover escrow
account,
C) A Slope Stabilization Bond in the amount of seventy-five thousand ($75,000) to be held by the
Town of North Andover, The Slope Stabilization Bond shall be in the form of a check made
payable to the Town of North Andover that will be placed into an interest bearing escrow account.
These monies may be utilized by the Town to ensure the stabilization of the slopes.These monies,
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or the balance thereof, will not be released until three years from the date of completion of
slope construction. For purposes of this section, "date of completion of slope construction"
shall be defined as the date that the Town's Outside Engineering Consultant certifies in
writing to the Planning Board that the slopes have been constructed in accordance with the
approved plans and this decision, Furthermore,the Town's Outside Engineering Consultant
shall not make this determination until a joint site visit has been scheduled with the PIanning
Board.
D) All applicable erosion control measures as shown on the plan must be in place and reviewed and
approved by the Town's Outside Engineering Consultant.
E) The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning Staff. The Environmental Monitor must be available upon four (4)
hours notice to inspect the site with the Planning Board designated official. The Environmental
Monitor shall make weekly written reports to the Board containing construction updates and any
areas of non-compliance with the plans and conditions of approval.
F) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which
will cause deposition of soil or sediment upon adjacent properties or public ways, except as
normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis
for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
G) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the
plan. The Town's Outside Engineering Consultant must be contacted prior to any cutting and or
clearing on site.
H) A pre-construction meeting must be held with the developer and their construction employees, the
Community Development Director, Town Planner and the Town's Outside Engineering
Consultant to discuss scheduling of inspections and inspections to be conducted on the project.
I) The developer must deposit funds to pay for the Town's Outside Engineering Consultant to
perform inspectional services for the construction of this project, The estimate of the cost of
construction inspectional services will be calculated by the Town's Outside Engineering
Consultant upon receipt of final endorsed site plans and other necessary construction documents
and the final cost shall be set by mutual agreement of the Town's Outside Engineering Consultant
and the developer. In the absence of mutual agreement, the Planning Board shall set the final cost,
The reason for the Town's Outside Engineering Consultant performing the construction
inspectional services is that due to the enormity of the cutting and filling, erosion control and
length of the roadways, the Department of Public Works is unable to perform inspections on a
regular and timely basis.
7) A Performance Guarantee in an amount to be determined by the Town's Outside Engineering
Consultant, shall be posted to ensure completion of the work in accordance with the Plans
approved as part of this conditional approval. The bond must be in the form acceptable to the
North Andover Planning Board. Items covered by the Bond may include, but shall not be limited
to:
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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)linal site cleanup
K) The developer must secure any necessary earth removal permits required under the Zoning Bylaw
for the removal of earth from the Zoning Board of Appeals. The developer shall inform the
Planning Department/Planning Board of the final decision of the Zoning Enforcement
Officer/ZBA,and provide revised plans as needed.
L) The developer shall provide the Planting Board with copies of permits, plans and decisions
received from the Conservation Commission. In accordance with General Condition 7(k) below,
should the Community Development Director find that plans approved by the Conservation
Commission substantially differ from the approved plans of the Planning Board, the developer is
required to present the changes through a public hearing to the Planning Board for a modification
to site plan approval.
M) The water booster station design requires approval from the Division of Public Works and Fire
Department The minimum criteria for domestic water system pressure is 20 PSI at any time,
minimum domestic supply pressure of 35 PSI, a one day storage capacity if no standby system
with the system design demand of 100 gallons per capita per day. Prior to the installation of the
water booster stations, the applicant and/or developer must demonstrate to the Division of Public
Works and Fire Department that domestic water service will have a supply pressure of 50 PST with
system design demand of 150 gallons per capita per day. Also that the minimum flow at any
hydrant for fire protection is 1, 000 GPM with a residual pressure of twenty-five (25) PSI at
hydrants adjacent to the hydrant being utilized.
3) DURING CONSTRUCTION
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed
by the Town Planter, or in the absence of a Town Planner, the Community Development
Director,throughout the construction process.
B) Street sweeping must be performed, at least once per week, throughout the construction process,
or more frequently as directed by the Town Planner or in the absence of a Town Planner, the
Community Development Director.
C) The developer agrees that the normal working hours for construction of Boston Ski Hill will be
from 7:00 a.m. to 7.00 p.m. Construction outside of these hours can only be permitted by a
majority vote from the Planning Board to do so. Construction shall be limited to weekdays,
Monday through Friday, during the above hours. Construction may occur on Saturday during the
hours of 9 a.m, to 5 p.m. to facilitate a shorter construction period,
D) Any stockpiling of materials (dirt, wood, construction material, etc) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all
times to minimize any dust problems that may occur with adjacent properties. Any stock piles to
remain for longer than one week must be fenced off and covered.
B) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
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4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR ANY PHASE OF T:14E
PROJECT.
A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department,
B) One certified copy of the recorded decision must be.submitted to the Planning Department.
C) The roadways for the applicable phase must be constructed to at least binder coat of pavement to
properly access the buildings in question. For the applicable phase,retaining walls shall be
constructed and earth slopes shall be stabilized. Prior to construction of the binder coat, the
developer shall ensure that all required inspection and testing of water, sewer, and drainage
facilities has been completed for the applicable phase, The developer must submit to the Town
Planner and the Town's Outside Engineering Consultant an interim as-built,certified by a
professional engineer, verifying that all utilities have been installed in accordance with the plans
and profile sheet for the applicable phase.
D) The developer must comply with the Growth Management Bylaw, Section 8.7 of the Town of
North Andover Zoning Bylaw: provided,that the Planning Board finds that the developer
qualifies for the exemption to the Growth Management Bylaw set forth in Section 8.7.6A so long
as the Master Deed references the below and incorporates Special Conditions 4(G),4(H)and 4(T)
and is recorded prior to the issuance of any certificate of occupancy.
E) An as-built plan must be submitted to the Division of Public Works for review and approval prior
to acceptance of the sewer appurtenances for use.
F) The developer is required to pay sewer mitigation fees at the Department of Public Works.The
fees paid shall be,based on the number of bedrooms for which the building permit is sought. Proof
of payment must be supplied to the Planning Department.
G) Age Restriction and Age Restriction Deed Conditions:
i) The units at the Project are intended for the housing of persons 55 years of age or older. These
conditions are intended(a)to be consistent with the exemption under the Pair Housing Act,
42 USC section 3607(b),as amended, the regulations promulgated thereunder,24 CFR
Subtitle B,Ch. 1,section 100.300 p"se .and Massachusetts General Laws chapter 151B,
section 4(the "Housing Laws")and to qualify the Project for the exemption to the Growth
Management provision of the North Andover Zoning Bylaw set forth in section 8.7.6(d).
ii) All occupied units at the Project shall be occupied by at least one person who is age 55 or
older(the"Qualified Occupant");provided,however, that in the event of the death of the
Qualified Occupant(s)of a unit,or the foreclosure or other involuntary transfer of a unit,a
two year exemption shall be allowed to permit the transfer of the unit to another Qualified
Occupant(s)so long as the provisions of the Housing Laws are not violated by such
occupancy. Children under die age of 18 may not reside in a unit for more than six months
during any nine month period.
iii) The age restriction described in the above shall be (a) included in a properly executed and
recorded deed restriction running in perpetuity with the land and (b) incorporated into the
Condominium Documents, The Condominium Documents shall also include additional rules
and exceptions to the age restriction described above and shall be consistent with the Housing
Laws so long as the Condominium Documents do not require more than one Qualified
Occupant per unit, Prior to the issuance of any building permit, the age restriction provisions
in the Condominium Documents and the deed restriction shall be reviewed and approved as to
form by Town Counsel whose approval shall not be unreasonably withheld and shall be
issued in a timely fashion but in no event later than thirty (30) days after submission. The age
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restriction and Condominium Documents shall be recorded at the North)Essex Registry
of Deeds prior to the issuance of any certificate of occupancy.
H) Maintenance Obligations
The Project Owner shall:
i) maintain and repair of the trail system and signage on the Locus and the accessory visitor
parking and signage thereto shown oil the Plans. Said maintenance and repairs shall include
any clearing,trimming or other upkeep normally associated with passive recreation hiking
trails:
ii) maintain,repair and plow the private road on the Locus shown on the Plans,
iii) at all limes be responsible for trash removal at the Project. The Town of North Andover,as a
condition of this approval,shall not at any time,be responsible for trash removal at the project
site.
iv) maintain and repair the drainage and detention structures on the Locus shown on the Plans;
provided,however, that in the event of an emergency to which the Project Owner,Board of
Trustees or organization of Unit Owners of the Boston Hill Condominium fails to respond, the
Town of North Andover, by its designee,may enter the Locus and undertake necessary
maintenance or repairs to these structures and may charge back its reasonable costs and
expenses to the Project Owner,Board of Trustees or organization of Unit Owners of the
Boston Hill Condominium as the case be may be; and
v) maintain and repair the water booster pump structures and system on the Locus shown on the
Plans;provided,however,that in the event of an emergency to which the Project Owner,
Board of Trustees or organization of Unit Owners of the Boston Hill Condominium fails to
respond, the Town of North Andover, by its designee,may enter the Locus and undertake
necessary maintenance or repairs to these structures or system and may charge back its
reasonable costs and expenses to the Project Owner,Board of Trustees or organization of Unit
Owners of the Boston Hill Condominium as the case be may be.
vi) Special Condition 4(H)(i-v)shall be incorporated into the Condominium Documents and
shall run in perpetuity. It is intended that the Town of North Andover shall not become
responsible for the maintenance,repairs or other obligations set forth in Special Condition
4(H)(i-v)(Maintenancc Obligation)at any time.
vii) Should the Project Owner transfer the project, the seller and the buyer shall meet with the
Planning Board to update the Board on the status of the project, and provide the Planning
Board and Planning Department with written notification of the transfer.
viii The Project Owner shall in consultation with the North Andover Department of Public Works,
establish an amount to be included in the performance bond to cover the cost of one year of
prospective maintenance for items iv and v above. This amount must be retained at all times,
in it's entire amount, by all current and future Project Owners and reviewed every two years,
as a safeguard against failure of equipment and or structures noted in (H)(iv)and (H)
(v )above, This condition must be, written into the Condominium documents and noted as a
condition of approval.
1) Easement for Widening Route 114: In the event that Route 114 is widened by the Commonwealth,
the applicant/owner shall convey to The Town of North Andover or its designee an easement oil
the Locus up to ten feet wide running along the south side of Route 114 whose approximate
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location is shown on Sheet 23 of 25 of the Plans. This condition shall be incorporated into the j
Condominium Documents.
J) The Project Owner must schedule presentations in front of the Planning Board to obtain
permission to proceed for each level of construction phasing as listed in the plans entitled
"Construction Phasing&Erosion Control Specifications"prepared by Marchionda&Associates,
consisting of sheets 1 through 10,dated December 10,2001 and a booklet entitled"Construction
Phasing&Erosion Control Specifications,Boston Hill"prepared by Marchionda&Associates
dated December 4,2001 and revised April 12,2002(collectively, the"Erosion Control Plans").
No building permits may be issued for any subsequent phase until the Project Owner notifies the
Planning Board that the prior phase has been substantially completed, presents supporting
information to the Planning Board and the Planning Board confirms in writing that the prior phase
has been substantially completed in accordance with the Erosion Control Plans(regardless of
whether or not building permits are required for any phase).The term"substantially completed"
means substantial completion and stabilization of the out and fill slopes within the specific phase
in question and does not mean the completion of buildings or pulling of building permits within
any particular phase.As listed in the above-mentioned document,building permits coincide with
each phase as noted below:
Phase I —No building permits associated with this phase.
Phase 2—Building Permits for Buildings 1,2,3,4,5 &7.
Phase 3 - Building Permits for Buildings 12, 13, 14, 15& 16.
Phase 4--Building Permits for Buildings G, 8,9, 10, 11, 17, 18, 19, &20,
Phase 5--No building permits associated with this phase.
K) The developer shall utilize the below listed materials for the construction of the building units,as
presented to the Planning Board.Prior to the start of construction the developer shall present
to tilt Planning Board the actual material to be used in the construction of the building units,
The Planning Board acknowledges that all manufacturers are listed to represent a quality standard
only,equal products may be approved by the project architect.
i) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Restoration Collection-siding
ii) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Restoration Collection-Accents-
shakes,half-rounds
iii) Wood Grained Vinyl Siding Wolverine Vinyl Siding_Restoration Collection-corner
systems,window and door surrounds and crown molding
iv) Wood Grained Vinyl Siding Wolverine Vinyl Siding-Millenium Collection-siding
v) Solid PVC Trim_Southeastern Millwork Co.,Inc.-Boards,molding and sheet stock
vi) 30 year Asphalt Roof Shingles-Timberline
vii) 30 Year Fiberglass Roof Shingle-Bird Incorporated
L) Retaining walls shall be designed and stamped by a structural engineer registered in the state of
Massachusetts. Stamped plans and calculations shall be submitted to the Planning Department
and Building Inspector prior to construction. The submittal of plans is for informational purposes
to the Planning Department only, the applicant must apply for and receive a building permit to
construct the retaining walls.
M)The developer must secure any necessary variances for the height of the proposed townhouses from
the Zoning Board of Appeals.The developer shall inform the Planning Department/Planning
Board of the final decision of the Zoning Enforcement Officer/ZBA,and provide revised plans as
needed. Should the Zoning Enforcement Officer/ZBA require changes to the plans the developer
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must come back to the Planning Board with the changes prior to start of construction ill
accordance with the procedure set forth in General Condition 7(k).
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N) Depictions of signage or other installations on the approved plans may be subject to other
restrictions or ordinances of the Town of North Andover. This approval shall not be interpreted as j
compliance with these additional requirements. All relevant additional permits must be obtained
by the developer prior to construction.
5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The Project Owner must submit a letter from the architect and engineer of the project stating that
the applicable phase of the building, signs, landscaping, lighting and site layout substantially
comply with this decision as endorsed by the Planning Board.
B) The building must have any and all fire sprinklers installed in accordance with the Massachusetts
General Laws Chapter 148 Section 26,
C) All lighting shall be built in accordance with the approved plans. All lighting shall have
underground wiring and shall be. so arranged that all direct rays from such lighting falls entirely
within the site and shall be shielded or recessed so as not to shine upon abutting properties or
streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as
may be reasonably required by the Planning Staff shall be made at the owner's expense. All site
lighting shall provide security for the site and structures however it must not create any glare or
project any light onto adjacent residential properties.
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6) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS except
the Slope Stabilization Bond;
A) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
B) A final as-built plan showing final topography, the location of all on- site utilities, structures, curb
cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning
Staff and the Town's Outside Engineering Consultant.
C) The parking spaces for access to the Open Space Parcel and signage indicating what the parking is
to be utilized for must be construoted as shown on the plans referenced at the end of this decision.
D) The North Andover Trails Committee is allowed entrance onto the property for the purposes of
flagging the hiking trail to connect from the parking spaces at the entrance of Road A to the off-
site trail adjacent to the southeast corner of the property.The developer agrees to cut the brush
within the area of the flagged trail performed by the North Andover Trails Committee for purposes
of utilization of the trail for hiking purposes.
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7) GENERAL CONDITIONS
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die within two years from the date of planting shall be replaced by the project owner.
B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve
the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the
plan,a reforestation plan must be submitted as outlined in Section 5,$(6)of the Zoning Bylaw,
C) Should the Project Owner transfer the project, the SELLER AND the buyer shall meet with the
Planning Board to update the Board on the status of the project, and provide the Planning Board
and Planning Department with written notification of the transfer,
D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation,
E) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
F) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
G) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
H) All blasting shall be in complete compliance with regulations and procedures required by the North
Andover Fire Department. The developer shall offer to perform a pre-construction video survey to
any structure within 1000' of the proposed site to determine the pre-construction foundation and
wall conditions of such structure. Such survey shall be in accordance with requirements typical to
pre-blast survey and the contractor shall engage a professional firm that is experienced in such
surveys. The written and video results of the survey shall be made available to the owner of the
homes that have been surveyed,upon request.
I) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control,
7) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to review by the
Planning Board as provided in General Condition 7(k)below,
K) Any revisions shall be submitted to the Community Development Director for review. If these
revisions are deemed substantial, the developer must submit revised plans to the Planning Beard
for approval,
L) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of
this special permit, exclusive of the time required to pursue or await determination of any appeals~
unless substantial use or construction has commenced within said two year period or for good
cause. For purposes of this phased development, the developer shall be deemed to have undertaken
substantial use or construction if the developer has completed Phase I and commenced Phase 2,
Moreover, any delay arising from the need to obtain a height variance, earth removal permit or any
other permits and the time required to pursue or await determination of any appeals shall constitute
good cause.
M) The following information shall be deemed part of the decision,
i) A set of plans entitled `Boston Hill,An Age Restricted Community,
Located in North Andover";prepared for Mesiti Development Group, 100
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Andover By-Pass,North Andover,MA 01845;prepared by Marchionda&
Associates,L.P.,62 Montvale Avenue,Stoneham,MA 02180,consisting of sheets 1
through 25,dated June 20,2001 and revised as of January 31,2002 and sheets Ll
through L4 prepared by Huntress Associates, 17 Tewksbury Street, Andover,MA 01810,
dated April 17,2002,
ii) A set of plans entitled "Boston Hill Construction Phasing and Erosion
Control Flans";prepared for Mesiti Development Group, 100 Andover By-Pass,Nortli
Andover,MA 01845;prepared by Marchionda&Associates,L.F.,62 Montvale Avenue,
Stoneham,MA 02180,consisting of sheets I through 10, dated December 10,2001,
revised April 12,2002
A booklet entitled "Construction Phasing&Erosion Control
Specifications,Boston Hill";prepared by Marchionda&Associates,L.P., 62 Montvale
Avenue,Stoneham,MA 02180,dated December 4,2001 and revised April 10,2002.
iv) A traffic study prepared by DJK Associates entitled "Traffic Impact&
Access Study,Proposed Residential Development Project,Route 114,North Andover,
Massachusetts"dated june 2001,revised September 2001.
v) Drainage calculations entitled "Hydrological Analysis for Boston Hill in
North Andover,Massachusetts";prepared by Marchionda&Associates,L.P. ;dated
December 1, 1999 and revised as of December 14,2001.
vi) "Supplemental Calculations,Boston Hill in North Andover,
Massachusetts";prepared for Mesiti Development Group;prepared by
Marchionda&Associates,L.P.,62 Montvale Avenue-Suite I, Stoneham,MA 02180,
dated January 28,2002.
vii) Boston Hill Townhomes,North Andover Massachusetts, Dated April 2,2001.
viii) Elevations Uphill Buildings,Boston Hill Townhomes,North Andover Massachusetts.
Dated April 2,2001
ix) Elevations Downhill Buildings,Boston Hill A 92 Montvale Avenue,Suite I
2400 Stoneham MA 02180, including the following:Artist's Concept,Townhomes,North I
Andover Massachusetts,Dated April 2,2001 Color and Detail Variations for the Front
Elevations of the Typical Downhill Building,Dated January 8,2002
x) Rendered.Masterplan entitled 'Boston Hill in North Andover Massachusetts"Prepared by
Huntress Associates,Inc.
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Drainage Consultant
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Boston Hlii Spoclal Permit Approval
10