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HomeMy WebLinkAbout1997-09-30 ANR (Form A) } FORM A I Maus #1463 APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL September 30 19 97 To the Planninq Board of the Town of North Andover; The undersigned wish-es to record the accompanying plan and .requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes -that such approval is not required for the . following reasons : 1. The division of land shown on the accompanying plan is not a sub- division because. every lot shown thereon has the amount of frontage required by the Borth Andover Zoning By Law and is on a public - way , namely', old Cart Way or a private way , namely , being land bounded as follows : Northerly by Old Cart Way, Easterly by land of Rudolf Flecken, southerly b land of Commonwealth of Massachusetts , Westerl b land of Commonwealth of Massachusetts and Bruce Patterson. Z . The division of land shown on the accompanying plan is not a sue- division for the following reasons : All lots conform to the provisions of MGL Chapter 41 , Section 81P. I . Ti wl e reference North Essex Dees , Book 2057 -pace 287 or Co rti "i gate o T Ti t1i e No . , Pegi s -raw i on Book Papa Owner ' s ` ? anal _ ure ant addr2ssz no -. t Marya n & Paul Maus he ap0 i � Calf w : Aopl i canw _ Aagre.5 65 Old Cart Way North Andover, MA 01845 ',� . Nc . 687-4498 F1 � 1 Town of North Andover �OR7k 1 OM, CE OF COMMUNITY DEVELOPMENT AND SERVICES 30 School Street " t ,•" North Andover, Massachusetts 01845 �Ss�c►+us���y WILLIAM J. SCOTT Director October 6, 1997 Mr. and Mrs. David Howard 30 Old Cart Way North Andover, MA 01845 Re: FORM A- Lot 6A and 7A Old Cart Way. Dear Mr. and Mrs. Howard: As requested in your letter of October 17, 1995, 1 am writing to inform you that a FORM A plan has been fled with the Planning Office for lots 6A and 7A Old Cart Way. (Please see attached copy) I have reviewed the plan for conformance with Town and ,State regulations and have asked Town Counsel for an opinion as to the ownership of the cul-de-sac. FORM A plans are governed by M.G. L. Ch. 41 Sec.81L, S IP and the Town of North Andover Subdivision Rules and Regulations. Sec. 8IL states "[c]onveyances or other instruments adding to, taking away from, or changing the size and shape of, lots in such a manner as to not leave any lot so affected without the [required] frontage ...shall not constitute a subdivision", The required frontage"shall be of at least such distance as is then required by zoning", The minimum frontage required for lots in this section of Town is 150', Lot 6A contains 279.97'and Lot 7A contains 150' feet of frontage therefore both lots meet this test. As the FORM A plan involves the addition of land ands contains the required frontage it is not a subdivision and is properly filed as a FORM A. The Town of North Andover Subdivision Rules and Regulations require a Form A lot to have sufficient frontage and area on an existing way. As stated above the lots contain sufficient frontage. The lots also contain sufficient area as they are both contain at least one acre. Finally, the lots front on an existing public way. Therefore, if the Maus family owns the land shown as Parcel A and B, the lot line changes are appropriate and the plan will be signed by the Planning Board. However, endorsement of the plan by the Planning Board does not necessarily mean that the lots are buildable. The lots must then be reviewed by the Conservation Commission, Board of Health and Building Inspector. CONSERVATION-(978)6889530 • HEALTII-(978)688-9540 • PLANNING-(978)688-9535 *BUILDINGOFFirE-(978)688-9545 • *7.ONTNrn BOARD OF AI)PRALS-(978)688-9541 • *146 MAIN STREET Y If you have any further questions please do not hesitate to call me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner cc. R. Rowen, Chairman PB W. Scott, Dir. CD&S R. Halpin, Town Manager J. Bard, Kopelman &Paige M. Gavriel M. Henry G. Lepke B. Patterson P. Perocchi S. Woolford Town of Northover oITICE OF �®yy 9 6�0 G COMMUNITY DEVELOPMENT AND SERVICES 30 SC11001 Street North Andovea•, Massachusetts 01845 W LIAM J. SCOIT Director Memorandum To: Joel Bard, Kopelman& Paige From: Kathleen Bradley Colwell, Town Planner Date: October 20, 1997 Re: FORM A Old Cart Way (Teoma Estates) Question: Can the land under the cul-de-sac be added to lots through a FORM A process? Who owns the land? The FORM A plan was filed in the Planning Office on October 3, 1997. Although I did not time stamp it in the Town Clerk's Office yet, I need to respond to the applicant within in 21 days. Therefore I will need a response from you by October 24, 1997. Brief History: As we discussed on October 3, 1997, a FORM A plan adding land two lots on Old Cart Way was submitted to the Planning Board for review. I subsequently copied you on a letter I sent to Mr. Mrs. David Howard, residents of Old Cart Way and attached a copy of the proposed plan. The original subdivision(Teoma Estates) was approved on January 4, 1985 and the plans were endorsed on June 16, 1985. The Applicant was Paul E. Maus. The two lots in question, lots 6 and 7, were at the end of the cul-de-sac and are still owned by Mr. Maus. A fifty.foot ROW was reserved at the end of the cul-de-sac to extend the road into the adjacent property. The cul-de- sac is not shown as a temporary cul-de-sac with easements. (See attached copy of Teoma Estates Plan) Subsequently a new subdivision (Wagon Wheel Estates)was approved and the plans were endorsed on January 9, 1992, The Wagon Wheel Estates plan shows the fifty foot ROW that was reserved from the Teoma Estates subdivision plan but does not show the cul-de-sac. Therefore there is no plan on recorded which eliminates the cul-de-sac, (See attached copy of Wagon Wheel Estates Plan) During the construction of the Wagon Wheel Estates subdivision, the cul-de-sac from Teoma Estates was removed and grassed over, CON SERVNI710N-(978)688 9530 ® HEALTH-(978)688-9540 ® PLANNING-(978)688-9535 *BUILDING OF ICI;-(978)688-954S ® *ZONING BOARD 010 APPRALS-(978)688-9541 m *146 MAIN STREET t j The original section of Old Cart Way was accepted by the Town in 1991. The town voted to accept the road as shown on the approved plan from station 0+0 to 8+70,25, However, the roadway itself was never deeded to the Town. Attached to the FORM A application is a proposed deed transferring the roadway to the Town. (See attached) The FORM A plan adds the land under the former cul-de-sac to lots 6 and 7. A home was never constructed on lot 7 due to wetland and septic system location issues. The addition of this land would create a buildable lot. (See attached plan) I am unsure to the ownership of the land therefore is unclear to me at this time whether or not the land under the cul-de-sac can be added to the tots. What effect, if any, did the acceptance of the roadway have on the Maus' ability to add the cul-de-sac to their lots? ' I QUrrCLAIM DEED Dominic A. Teoli and Maryanne R. Maus, Trustees of the Teoma Estates Realty Trust, under a declaration of trust dated October 4, 1985,recorded with the Essex North District Registry of Deeds in Book 2057 at Page 281 having its usual place of business at 77 Colonial Drive, Lawrence,Massachusetts, for consideration paid,and for the full consideration of one Dollar,grant to the Town of North,Ajadover, a municipal corporation in and for the Conamonwealtbl of MMs4000t3, located in Essex County, Massachusetts with quitclaim covenants, the following described premises: ! The roadway known as Old Cart Way as shown on a plan entitled"Plan of Tared in North Andover,Mass.Prepared for Paul&Maryanne Maus",dated September 30, 1997,drawn by Thomas E.Neve Associates, Inc.,said plan to be recorded,herewith.. Said roadways are conveyed together with all improvements thereon. F } The grantor warrants that the aforesaid roadways are free and clear of all liens and encumbrances, that it has good title to trawfer the same, and that it will defend the same agaimt claims of all persons. For grantor's title see deed at Essex North District Registry of Deeds,Boob 2057,Page 287. lu Witness Whereof,the said Dominic A.Teoli and Maryanne R.Maus,'Trustees of the Teoma Estates Realty Trust have set their baud and seal and these presents to be signed,acknowledged arrd delivered in the name of said trust,this day of September in the year one thousand nine hundred and ninety- seven. s Teoma Estates Realty Trust By: i Dominic A. Teoli,Trustee Maryanne R.Maus,Trustee i COMMONWEALTH OF MASSACHUSETTS _ ss. Dated: 11997 Then personally appeared the above-named Dominic A. TeoH and Maryanne R. Maus,-Trustees, and acknowledged the foregoing instrument to be their free act and deed ant the free act and deed of Teoma Estates Realty Trust,before me , i Notary Public My Commission Expires: c:Iwr+�catnev�onlvn.l eR�r.�wssn+e.q4q SeprEmat"29. 1997 I r h x Thence along a tangential curve to the left a distance of 60,51 feet: having a radius of 91,42; I ^ Thence N 64-41-50 W a distance of 289,52 feet; a t Thence along a tangential curve to the right a distance of 282.85 feet having a radius of 305.37; Thence N 11-37-39 W a distance of 228.16 feet; Thence along a tangential curve to the right a distance of 113,60 feet having a radius of 744.40; Thence N 2-53-00 W a distance of 23.66 feet; Thence along a tangential curve to the left a distance of 39.82 feet having a radius of 25.00; Thence along the southerly side of Mill Road S 89-28-49 E a distance of 104.12 feet to the point of beginning. Thomas D, Laudani & James J. Philbin & Others No motion; no action taken. ARTICLE 29. ROAD ACCEPTANCE - RALEIGH TAVERN LANE. To see if the Town will vote to accept the following road as a Town way; Raleigh Tavern Lane in its entirety, as shown on plans entitled "Definitive flan, Raleigh Tavern Estates, North Andover, Mass," Dated May 15, 1968, recorded with the Essex North Registry of Deeds as Plan number 5913, and "Definitive Plan of Land of Raleigh Tavern Estates - Phase Two" Located in North Andover, Mass, Dated December 20; 1978, Revised November 25, 1979, recorded with the Essex North Registry of Deeds as Plan Number 8317. Richard H. Scarborough and Others VOTED to adopt Article 29 as printed in the warrant. ARTICLE 30. ROAD ACCEPTANCE - WEMVORTH AVENUE. To see if the Town - will vote to accept the following road as a Town Way. Wentworth Avenue, as it runs from Chadwick Street to Furber Avenue. Paula H. Holland & Others VOTED to adopt Article 30 as printed in the warrant with the following description: As shown on plans entitled Highland View Park. Dated, March 1906, and drawn by R,W, Seamans Civil Engineer. Said plans were recorded with the North Essex Registry of Deeds on May 3, 1906, at 10:10 a,m. as Book #230, Page #600, Plan #0358. ARTICLE 31. ROAD ACCEPTANCE - OLD CART WAY. To see if the Town will vote to accept and name as a public way, Old Cart Way *, as shown on a plant ' which was approved by the North Andover Planning Board, said way being shown R 184 of 60.51 feet on a plan of land entitled, "Subdivision Plan of Land of Teoma Estates in North Andover, Mass, , drawn for Domenic Teoli and Paul Maus, Rev. April, 1985, prepared by Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts, 01810."; said plan recorded with the Essex North District 3f 2$2.$5 feet Registry of Deeds as Plan No. 9932. * from station 0 + 0 to 8 + 70.25 )f 113.60 feet Paul E. Maus & Others I VOTED to adopt Article 31 as printed in the warrant. ARTICLE 32. ROAD ACCEPTANCE - FLACSHIP DRIVE. To see if the Town will vote to accept the roadway, namely Flagship Drive, from station 0 + 00 to of 39.82 feet station 17 + 80, as shown on plan entitled Willows Industrial Park, owner and developer is Capricorn Corporation, 815 Turnpike Street, North Andover, engineer is Frank C. Gelinas & Associates, North Andover, MA, plan dated a distance of 11/5/79 and recorded in Essex North District Registry of Deeds, recorded on 12/20/79, Plan Number 8305, Book 1383 Page 109, as a public way in the Town of North Andover in accordance with Massachusetts General Laws Chapter 82, Section 23. rs Mario Cavallaro and Others ee if the Town VOTED to adopt Article 32 as printed in the warrant. Tavern Lane in taleigh Tavern ARTICLE 33. ROAD ACCEPTANCE - WINTERGREEN DRIVE AND TANGLEWOOD LANE. vith the Essex To see if the Town will vote to accept the roadways, namely Wintergreen Drive lan of Land of from station 0 + 00 to station 14 + 05.53 and Tanglewood Lane from station 0 Mass. Dated + 00 to 12 + 03.54, as shown on plan entitled Wintergreen Estates, owner and he Essex North developer is Wintergreen Realty Trust, 865 Turnpike Street, North Andover, MA, engineer is Christiansen Engineering Inc. , 114 Kenoza Avenue, Haverhill, MA, plan dated 2/26/85, revised 5/8/85, and recorded in Essex North District and Others Registry of Deeds, recorded on 5/13/85, Plan number 10032, Book 1286 Page 378, as a public way in the Town of North Andover in accordance with Massachusetts General laws Chapter 82, Section 23. e if the Town rth Avenue, as Mario Cavallaro and Others VOTED to adopt Article 33 as printed in the warrant, :rs ARTICLE 34. REZONING OF PARCEL OF LAND ON CHICKERING ROAD. To see if the Town will vote to amend the North Andover Zoning Bylaw and Map. To the following change from Residence-3 (R-3) to General Business District (CB) and a parcel of land containing 71,474 square feet, more or less, on the Easterly side of Chickering Road, North Andover, Essex County, Massachusetts and more arch 1906, and particularly bounded and described as follows: The land being shown as orded with the Parcel B on a plan of land entitled "Plan of Land in North Andover, Mass. , a.m, as Book for Charles Doe, Scale 1" = 40' dated July 29, 1988, Civil Sites Associates, Inc. , Wakefield, Mass 01880" recorded with Essex North District Registry of Deeds P an No. 11345. Being the same premises conveyed to Charles F. Doe, the Town will Trustee q—Doe--gamily---Trust by deed dated September 9, 1988 and recorded with gay being shown r an a plan Essex North-District Registry of Deeds in Book 2844, Page 164. ay David L. Lanzoni & Others 185 io -26 OlAe �> 3 LOT �2 i- ,r11Ji. r J,, i ' 9 rl. �' )ld i } 1 ° } Town of Northover ithoRTH Q Y�so is 0 M— CE OF COMMUNITY EVEL ENT AND SERVICES 30 School Street North Andover,Massachusetts a 1845 ��ecrau5��� VM,LIAM J, SCO IT Director � Memorandum To: Joel Bard, Esq.,Kopelman&Paige From: Kathleen Bradley Colwell, Town Planner Date: November 14, 1997 Re: FORM A Old Cart Way (Teoma Estates) I am writing again to request a written response to my request for an opinion regarding the FORM A for Lot 6A and 7A Old Cart Way. It has been almost six weeks since I first contacted you regarding this issues. I have sent you three written requests and have left messages with your office. I know that we have spoken about the issue on the telephone however I explained that due to the sensitive nature of this lot and neighborhood I would need your response in writing before I could act on the FORM A plan. I have not time stamped the plan yet therefore it has not been officially submitted to the Town Clerk's Office. However the plans were submitted to me on October 3, 1997 so the applicant may be able to make some argument that we have not acted in a reasonable time frame. The applicant has been very patient so far in waiting for a response however, she is anxious to go forward with constructing a home on Lot 6A. Please let me know what additional information you may need or what assistance I can provide to you in drafting a response. cc. W. Scott,Dir, CD&S R. Halpin,Town Manager CONSERVATION-(978)688 983€1 ® HEALTH-(978)688-9540 " PLANNING-(978)688-9535 *BUILDIN[4OMWE-(978)688-9545 ® *ZONING BOARD OF APPEALS-(978)688.9541 • *146 MAIN S'rimrsr LEONARD KOPELMAN KOPELMAN AND PAIGE, P. C. KATHLEEN M.O'DONNELL DONALD G. PAIGE SA VID J CHARTONI ELIZABETH A. LANE ATTORNEYS AT LAW JOYCE FRANK ILANA M. QUIRK ', JOHN W. GIORGIO 31 ST. JAMES AVENUE JOHN RICHARD HUCKSAM, JR. BARBARA J. SAINT ANDRE SUSAN M. CALLAHAN JOEL 13. BARD BOSTON, MASSACHUSETTS 02116.4102 BRIAN W. RILEY EVERETT J. MARDER JOHN J. KENNEY, JR. PATRICK J. COSTELLO ROBERT PATTEN JOSEPH L. TEHAN, JR. BOSTON OFFICE MARY L. GIORGIO ANNE•MARIE M. HYLAND (617)566-0007 KATHLEEN E. CONNOLLY THERESA M. DOWDY FAX (617) 654.1735 MICHELE E. RANDAZZO PETER J. FEUERRACH WILLIAM HF_W[G III NORTHAMPTON OFFICE MARY JO HARRIS 7HOMAS W. MCENANEY J EBORAH A. ELIASON (413)5B5•8632 JONATHAN M. SILVERSTEIN JUDITH S.CUTLER TIMOTHY J. ERVIN JUDITH C. CUTLER WQRCE&TER OFFICE, RICHARD 130WEN (506)752-0203 KATHARINE I. GOREE CHRISTOPHER J. POLLART November 21, 1997 BY FACSIMILE - 978 688-9542 Ms. Kathleen Bradley Colwell Town PlannerNOV � ! North Andover Community Development 30 School Street �North Andover, MA 01845 - ANNING QI,-- Re: Old Cart Way — Form A Plan Dear Ms Colwell: You have requested an opinion regarding a "Form A" plan you have received seeking the Planning Board's endorsement pursuant to G.L, c. 41, §81P. The plan proposes to add land to two lots (Lots 6A and 7A)which were created as part of the Teoma Estates subdivision, The land to be added to the lots would be the surplus area(the "bubble", as you have referred to it) taken from a former cul-de-sac,which has now been extended to connect to an abutting subdivision(Wagon Wheel Estates). The surplus or "bubble" areas are shown as Parcel A and Parcel B on the Form A plan. You have asked if this Form A plan is entitled to endorsement by the Planning Board. In my opinion,provided that certain documentation exists, as explained below, the plan is entitled to endorsement under G.L. c.41, §81P. To the extent that the land contained in Parcel A and Parcel B had formerly been dedicated for use as part of the cul-de-sac, that dedication ceased upon the Town's approval of the abutting subdivision, if: The Planning Board approved a plan showing the extension of that road, and A plan showing the extension of the road was recorded, and A certificate was recorded by the Planning Board certifying as to the construction of said extension. PRINTED ON RECYCLED PAPER KOPELMAN AND PAIGE, RC. BY FACSIMILE - 978 688-9 42 Ms, Kathleen Bradley Colwell Town Planner a November 21, 1997 Page 2 These requirements are found in G.L. c.41, §81 Q which states: Any easement in any turnaround shown on a plan approved under the subdivision control law which arises after January first, nineteen hundred and sixty . . . shall terminate upon the approval and recording of a plan showing extension of said way, except in such portion of said turnaround as is included in said extension, and the recording of a certificate by the planning board of the construction of such extension. I have reviewed this firm's prior opinion to you from my colleague Jeanne McKnight, dated January 5, 1995, addressing some of these same issues and I note that Attorney McKnight provided the same opinion (at the bottom of page 2) with respect to G.L. c.41, §81 Q and the termination of any easement in the excess cul-de-sac property. There is one factual issue which, it appears, needs to be addressed. Your October 20, 1997 Memorandum to me states that the plan for the Wagon Wheel Estates "shows the fifty foot ROW that was reserved from the Teoma Estates subdivision plan but does not show the cut-de- sac." In my opinion, c.41, §8 1 Q is not completely clear as to what must be shown on the recorded plan which has the effect of terminating the cul-de-sac easements. Ideally, a plan should be provided which shows which portion of the cul-de-sac will be used to connect to the new subdivision, thereby making clear which portions of the cul-de-sac have become surplus. j < Board,The Planning could, in whi h portion of thecul-de-sac ill be dedicated to he through-oad opinion, accept a different plan provided that it shows clearly I Accordingly, it is my opinion that, if the Planning Board is satisfied that the requirements of e.41, §81 Q have been met,the proposed Form A plan is entitled to endorsement. Very truly yours, J. el B. Bard JBBldas cc: Board of Selectmen Town Manager 379521Nnnd19999 Town of North 1� Andover of tkORT �♦' OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 30 School Street North Andover, Massachusetts 01845 s�cKus�t�y WILLMM J. SCOTT Director November 24, 1997 Ms, Maryann Maus 65 Old Cart Way North Andover, MA 01845 Re: Lots 6A and 7A Old Cant Way Dear Ms. Maus, I have received the following opinion from Joel Bard, Esq. Kopehmn&Paige. It is his opinion that the Board may appropriately endorse the FORM A plan for lots 6A and 7A Old Cart Way if the appropriate documentation exists. The Planning Board approved the plan showing the extension of the road, a plan showing the extension of the road was recorded, however the plan does not clearly show which portion of the cul-de-sac will be dedicated to the through road, The Planning Board could determine that the subdivision plan is sufficient as it could be implied that the through road would contain a fifty feet right-of-way. However the Board could determine that the plan is not sufficient. If the plan is deemed insufficient, you must submit a modified subdivision plan to clarify the extent of the through road. In addition, a certificate was not recorded by the Planning Board certifying the construction of the extension. I have enclosed a sample certificate to be completed by you and submitted to the Planning Board for signature. Please submit a completed certificate of completion by December 9, 1997 and I will schedule you for a discussion before the Planning Board on December 19, 1997. If you have any questions please do not hesitate to call me at 688-9535. Very truly yours, 1 Kathleen Bradley Colwell Town Planner - CC. W. Scott,Director CD&S R.Rowen, Planning Board R, Halpin,Town Manager J.Bard,Esq. Old Cart Way Neighborhood Group CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 0 *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET 1, ">! Dec. 16, 1997 Mr. Richard Rowen Planning Board North Andover, MA. Dear Mr. Rowen, We would like to communicate the following concerns to the Planning Board regarding the Form A request before you for Lots GA and 7A Old Cart Way. Our concerns have been based on the following issues: * Since 1985 this development and various lots in particular have been plagued by proposals submitted with incomplete and inaccurate information. Work related to the infrastructure (drainage and utilities) has deviated from accepted plans. Various departments had been notified prior to and after the acceptance of such work. Additionally, an Engineering Report (12-21--94) submitted with the subdivision indicated a detention area and a compensating wetland area to be located on lot 9. An area similarly described was located upstream on Lot 2 apparently without benefit of amendments or references to changes * On the plan submitted with the Form A request we question the change from the accepted and recorded slope easements of the extension road between Lots 5 & GA from the original 20 feet to 30 feet. * We are concerned that construction on Lot 7 (7A) may exacerbate the existing flooding conditions downstream on lots 8,3,2, and for an abutting lot. Prior to issuing an Order of Conditions to lot 7A the Conservation Commission requested a dry well be constructed in lieu of the proposed stone drainage which was discussed as "not a viable option". 1 'i This condition was not i -luded in the Order of Conditions recently issued.to Lot 7A. We are requesting at least one of two considerations: that the cul-de-sac in question become an easement or detention area for Lot 7A and that the proposed drainage be directed away from existing easements which have experienced and are documented to contain infrastructure inadequacies, or prior to any development of Lot 7 (7A) that an Impact Study by an independent firm be submitted to the town by the developer for approval and that this requirement be an added condition to Lot 7 or 7A. Sincerely, The Residents of Old Cart Way . F F1'le Town of North Andover V%ORTN OFFICE OF r �°y'``�� p� COMMUNITY DEVELOPMENT AND SERVICESqL 30 School Street North Andover,Massachusetts 41845 WILLMM J. SCOTT SSACHUS� Director December 18, 1997 Ms. Maryann Maus 65 Old Cart Way North Andover, MA 01845 Re: Lots 6A and 7A Old Cart Way - Dear Ms. Maus, The Planning Board continued discussion of the FORM A plan submitted for lots 6A and 7A Old Cart Way to the January 6, 1998 meeting. You or your representative must attend this meeting to present to plan to the Board and to answer any questions that the Board may have regarding your application. I have enclosed a copy of a letter submitted to the Board at the December 18, 1997 meeting concerning your application. Please have your engineer review the accuracy of the size of the slope easements shown on the plan. If you have any questions or will not be able to attend the meeting, please tail me at 688-9535. Very truly yours, Kathleen Bradley Colwell U Town Planner ec, R. Rowen,Planning Board W. Scott, Dir. CD&S Old Cart Way Neighborhood Group CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-95 1 • 11146 MAIN STREET ey J Dec. 16, 1997 Mr. Richard Rowen Planning Board North Andover, MA. Dear Mr. Rowen, We would like to communicate the following concerns to the Planning Board regarding the Form A request before you for Lots 6A and 7A Old Cart Way. Our concerns have been based on the following issues: Since 1985 this development and various lots in particular have been plagued by proposals submitted with incomplete and inaccurate information. Work related to the infrastructure (drainage and utilities) has deviated from accepted plans. Various departments had been notified prior to and after the acceptance of such work. Additionally, an Engineering Report (12-21-94) submitted with the subdivision indicated a detention area and a compensating wetland area to be located on lot 9. An area similarly described was located upstream on Lot 2 apparently without benefit of amendments or references to changes On the plan submitted with the Form A request we question the change from the accepted and recorded slope easements of the extension road between Lots 5 & 6A from the original. 20 feet to 30 feet. * We are concerned that construction on Lot 7 (7A) may exacerbate the existing flooding conditions downstream on lots 8,3,2, and for an abutting lot. Prior to issuing an Order of Conditions to lot 7A the Conservation Commission requested a dry well be constructed in lieu of the proposed stone drainage which was discussed as "not a viable option". This condition was not Auded in the Order of Conditions recently issued.to Lot 7A. We are requesting at least one of two considerations: that the cul-de-sac in question become an easement or detention area for Lot 7A and that the proposed drainage be directed away from existing easements which have experienced and are documented to contain infrastructure inadequacies, or prior to any development of Lot 7 (7A) that an Impact Study by an independent firm be submitted to the town by the developer for approval and that this requirement be an added condition to Lot 7 or 7A. Sincerely, The Residents of Old Cart Way . i y CERTIFICATION OF COMPLETION OF EXTENSION At a regularly scheduled meeting of the North Andover Planning Board held on December 16, 1997, the Board certified that the roadway known as Old Cart Way extending the Teoma Estates Definitive Subdivision recorded as Plan# at the Northern District Essex County Registry of Deeds into the Wagon Wheel Estates Definitive Subdivision recorded as Plan# 12029 at the Northern District Essex. County Registry of Deeds has been constructed. This certification is for the purposes of M.G.L. c. 41, §81 Q only which states: Any easement in any turnaround shown on a plan approved under the subdivision - control law which arises after January first, nineteen hundred and sixty ... shall - terminate upon the approval and recording of a plan showing extension of said way, except in such portion of said turnaround as is included in said extension, and _ the reeording-_of a certificate by the planning hoard of the construction of such extension. The Planning Board-has not released all bonds held for the completion of the Wagon Wheel Estates Definitive Subdivision nor has the Town accepted such roadway as a public way. —. _. Signed, -_ Richard R. Rowen Chairman North Andover Planning Board - COMMONWEALTH OF MASSACHUSETTS 1 , Essex County, ss December 16, 1997 Then P personally appeared ( 0��t� Chairman of the North Andover Planning p Board and acknowledged the foregoing to instrument to be his' act and deed before me. Not Public My commission expires V r Registry of Deeds Northern District of Essex County I j Lawrence, HA 01840 01/08/98 MARYANN MAUS DR R 8 Rec.- Type CERT 10.00 inst 450 Postage D>321 Total 10.32 N 9 Payment Check 10ti 12 THANK YOU! Thomas J. Burke Register of Deeds iS '