HomeMy WebLinkAbout1993-04-12 Decision DEF SUB 0-1
TOWN OF NORTH ANDOVER
MASSACHUSETTS
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Any appeal shall be filed
within (20) days after the '��'• ' '`'�
�Ss�CliUSE�
date of filing of this Na•tice
In the Off ice of the Town
Clerk. NOTICE OF DECISION
Date 12j .19?3 . . . . . . . . . . . . . . .
Date of Hearing Ap:. 6,. 1993. . . . . . . . .
Petition of Rogers Park Realty Trust • • . . . . . . ♦ . •
Asa Osgood
Premises affected , Street. . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the .q9;%4 Ar&ve: �zoni nq� Byj.aV.;,Sect ion .8..5,• Paragza�h� 2, Planned Residential
•Development
BO as t0 permit the construction of 19 single • . . .. .family dwellings. • . • . • . • . . . . .♦ . . .
. . . . . . . . .
♦♦ . . . . • ♦ • • • • . .• . • . . . .. • . . • • . . .. . . . . . . . . ♦ • . . . ♦• . . . . . • • . . . . • • . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to APPP-Qn. . . . . . . . .the . APX-AI.4. PFR ITT. . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .
based upon the following conditions:
cc; Director of Public Works
Building Inspector
Conservation Administrator Signed 16'e-,�e.L`N
Health Administrator
Police Chief ,R. . . . .l . . .. . . . f,Cha..man. . . . . .
Fire Chief
JohAssessors . . . . .Simon�s.,. Vice.Chairman. _ .
Applicant
Clerk
Engineer .Jose .. . . . . . X:. . . . . . . . . . . . . . . . .
File
owen
Interested Parties .Richard . . . . . . . . . . . . . . . . . . . . . . .
• • • • , • . .plallrling Board
KAREN H.P. NELSON °A Town Of 120 Main Street, 01845
Director t (508) 682-6483
BUILDING
NORTH ANDOVER
CONSERVATION DIMION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
April 12, 1993
Mr. Daniel Long, Town Clerk
Town Building
120 Main Street
North Andover, MA 01845 Re: Stevens Crossing
Special Permit - PRD
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
Tuesday evening, March 2 , 1993 , in the Senior Center behind the
Town Building upon the application of Rogers Park Realty Trust, c/o
Thomas Laudani, 733 Turnpike Street, Suite 209, North Andover, MA. ,
requesting a special permit under Section 8 .5, Paragraph 2 of the
North Andover Zoning Bylaw. The following members were present:
George Perna, Joseph Mahoney, Richard Rowen, Richard Nardella, John
Draper and John Simons. The legal notice was in the Lawrence Eagle
Tribune on February 15 and February 22, 1993 and all parties of
interest were properly notified.
The petitioner was requesting a special permit for the
construction of 19 single family detached dwelling units. The
premise affected is located on the west side of Osgood Street in a
Residential-2 (R-2) Zoning District.
Mr. Simons read the legal notice to open the public hearing.
There were approximately thirty four members of the public in
attendance.
Mr. Simons read letters from the following:
1. Police Chief - no traffic problem
2 . Fire Chief
3 . Martha Larson
4 . William and Thomas Rockwell
5. Sample letter sent to the Board of Selectmen and Planning
Board
6. James Hartrich
Mr. Perna requested that the developer comment on all letters
at the next meeting. Mr. Perna gave an outline of the process of
the meeting:
1 . Developer to outline project
2 . Board asks questions
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Stevens Crossing
3 . Public comments
a. constructive comments
Stephen Stapinski, Merrimack Engineering, and Jonathan
Woodman, Architect from Woodman Associates, were present.
Mr. Stapinski gave a presentation of the location of the site,
that being Osgood Street, a State highway.
1. There are 15 lots on an ANR Plan, all with adequate
frontage, individual septic systems, with house set in
checkerboard fashion, this would disrupt "vista" of site.
2 . Conventional subdivision, 1 acre lots, 150 foot frontage,
19 total lots. Wetlands to top and middle - even with
75% CBA requirement - 20 lots could be created.
3 . All septic systems because wetland - setbacks can be
complied with
4 . All zoning regs can be complied with
5. Effort to protect wetlands, topography and street shape.
Mr. Jonathan Woodman spoke on the following:
1. preliminary PRD that fit within the current PRD Bylaw
2 . Development of two squares , attempt to protect space and
sense of rural New England.
3 . Attempt to keep sense of open space
4 . Open space - 35%
Town staff directed the developer to come back with something
that would preserve the maximum amount of open space, keep vista of
open field, maintain visual corridor.
Mr. Woodman commented on the current PRD Plan:
1. 45% open space
2 . Maintain open field vista along Osgood Street in both
directions
A landscape plan was shown and described.
Mr. Stapinski, on the PRD:
1. extend sanitary sewer to site, abutters will be able to
tie into sewer, watermain will be extended into site.
2 . hydrants
3 . Storm drainage system
4 . Detention pond behind Lot 9
a. topographically it works well and is screened from
the rest of the development.
5 . No activity within 25ft. of any wetlands
6 . No houses within 50 ft. of wetlands.
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Stevens Crossing
7 . Wetland crossing required for sewer extension.
Mr. Rowen questioned the location of the drainage basin.
Mr. Simons questioned a 50 ft. buffer zone. Mr. Stapinski
outlined the 50 ft. buffer zone. . No structures will be within the
50 ft. buffer zone but there is paving along Hartrich Property. A
variance is requested from the ZBA for this.
Mr. Mahoney read the definition of buffer zone from the Zoning
Bylaw.
Mr. Nardella asked what amount of variance was needed. Mr.
Draper asked how close the road would come to the property line.
Mr. Stapinski stated that 15 ft. and 20 ft. set backs from
Hartrich land would be provided. Additional landscaping will be
placed along the back of Hartrich property.
. Mr. Perna asked about the Larson property. Mr. Stapinski
stated that a 50 ft. buffer will be maintained along this property
line. Mr. Perna asked if all houses would be sewered. Mr.
Stapinski stated that they would be including the existing house
and barn and be gravity fed.
Mr. Perna asked if the mansion house lot would be covenanted
so that it could not be subdivided in the future. Mr. Stapinski ' s
answer was "yes" . Mr. Perna questioned if conservation had
reviewed the setbacks. . Mr. Stapinski stated that at the Technical
Review Committee it was agreed to keep the 25 ft and the 50 ft.
setback in the design. A lot has been eliminated in the isolated
wetland, it is protected wetland under the Towns Bylaw; but not
protected under the State.
Mr. Nardella questioned the size of the sewer. Mr. Stapinski
stated that it was large enough to handle the subdivision and the
proposed Edgewood Life Care to be built across the street. Mr.
Perna asked if there were discussions with the D. P.W. Mr.
Stapinski stated that it was minimum size but adequate. There is
no letter in the file from D.P.W. on this issue.
Mr. Perna wanted an explanation on the unusual cul-de-sac.
Mr. Stapinski stated that there was a 125 ' diameter requirement in
the bylaw. The square has 125 ' diameter; at least as big at the
corners. 50 ' radius of pavement required, more pavement than
required. Landscaping in the center of square.
Mr. Woodman stated that there would be cobblestone around the
center square, a row of 5 cobblestones will be placed around the
circle, large tree will be planted in the center such as an oak or
beech.
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Stevens Crossing
Mr. Perna asked if there would be sidewalks. Mr. Woodman
stated that there would be a 4 ' sidewalk on one side of the road
and fences along property line, around the squares only. A waiver
from the Planning Board for the 4 ' sidewalk has been requested.
There will be trees planted between the sidewalks and the street.
D.P.W. may require that trees be on people's property, and not on
grass strip between road and sidewalk.
Mr. Draper asked if Osgood Street lent it self to sidewalks.
Mr Perna, speaking as D.P.W. Director, is looking to convert street
to town street, including sidewalks - Chickering Road to High
School.
Mr. Stapinski stated that a combination of open space in
connection with high school fields, gives the ability to walk
through open space. Stone dust path will be created to high school
next to Lot 10.
Mr. Simons wanted to see architectural design. Mr. Perna
wanted to see landscape plans. He asked if houses will be built as
shown. Mr. Woodman stated that lots will be able to have more than
one house option. Mr. Perna asked the price range. Mr. Thomas
Laudani, developer, stated the following prices:
1. $275,000 - average
2 . $255,000 to $295,000
3 . 2, 300 - 2,400 sq. ft. average
Certain lots can only accommodate certain style homes. Color
selection is limited. Mr. Laudani stated that he was voluntarily
reducing lots sizes to increase open space. There is no increase
in density. Explanation that town will get more amenities from
PRD. Consistency of homes in planned development. Mr. Laudani
read a "comparative analysis" of ANR v. PRD as submitted to the
Board.
Mr. Perna opened questions from the audience.
Bill Rockwell, an abutter, commented that open space on this
site is not necessary because there is a lot of open space that is
in the neighborhood. He further commented that crowding of houses
not worth the open space trade off. In favor already of one acre
lots, conventional subdivision.
Mr. Nardella stated that there was no guarantee that the open
space will remain, neighbors can in fact subdivide land themselves.
Mr. Rockwell stated that a "bad precedent was being sent" . Mr.
Nardella stated that it was generally beneficial to town to gain
open space.
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Stevens Crossing
Nancy Melia, Osgood Street, asked who would own the open
space. Ms. Bradley, Town Planner stated that the Trustees of
Reservation or the Town would won it. It will not be able to be
built on.
James Hartrich, Osgood Street, had the following concerns
and/or issues:
1. appropriateness of site for PRD, i.e. lot size.
2, buffer zone issue - violations
a. existing structure within 50ft. buffer zone - barn
b. Bailey Square
C. driveway
3 . If area is to be left natural Condition, what happens to
lawns etc, in back of house.
4 . Adverse effect on neighborhood
a. noise
b. congestion
C. effect on quality of life
d. traffic issues
Mr. Draper asked Mr Hartrich what he would prefer. Mr.
Hartrich answer was that he would prefer ANR Plans. Mr. Draper
asked about a conventional subdivision.
Mr. Simons stated that it was stretching the point on the barn
in the 50ft. buffer zone.
1. Need to look at roadway/driveway issues.
2. Lot size issue needs to be examined, may be able to make
lots larger
3 . Small clusters of houses do exist on the site today, i.e.
mansion, chapel, barn, Hartrich house and Rockwell
Estate.
4 . Creation of traditional housing
George Chory expressed concerns with setting a precedent to
change PRD, bad precedent.
Barbara Hartrich, Osgood Street, asked about ZBA variances
requested. Mr. Laudani stated that variances for lot size and
buffer zone have been submitted.
Mr. Stapinski asked the Board for direction.
Mr. Michael Bider III, 179 Andover Street, had questions on
the enhancement of the village setting of Philips Common.
Mr. David Pristash, 60 Highwood Way, wanted the Board to go
with the PRD plan that fits with the existing bylaw.
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Stevens crossing
On a motion by Mr. Nardella, seconded by Mr. Mahoney, the
Board voted unanimously to continue the public hearing and schedule
a site visit.
Mr. Laudani stated that he needed an endorsement of waivers
for the PRD for the ZBA. Mr. Simons told Mr. Laudani that the
Board was not finished with deliberations, and the plans may
change. An endorsement is subject to subsequent approval by the j
Planning Board.
The site visit will be scheduled for Saturday, March 6, 1993
at 8 : 00 a.m.
on March 16, 1993 the Planning Board held a regular meeting.
The following members were present, George Perna, John Draper,
Joseph Mahoney, Richard Nardella, Richard Rowen and John Simons.
There was a discussion of the proposed Form A Plan. The plan
would eliminate the need for the 50 ' buffer zone problem. The
Zoning Board of Appeals will only be focusing on the lot size
variance.
The developer must work with the topography at the entrance,
the pavement of the entry way must take into consideration the
existing conditions and may need to be creative with the sidewalk
placement. The developer was asked to extend the back lot lines
to eliminate strip of open space along the back and to enlarge the
lots.
Mr. Draper spoke on preserving the most substantive trees.
The developer has to work with D.P.W. Mr Draper spoke about
landscaping along the Rockwell property line.
Mr. Laudani stated that there was not growth along the soccer
field and that he would put 8 foot trees there. The Planning Board
will review the project, additional screening may be required.
Mr. Rockwell wanted clarification of what happens with the
Hartrich Property. Mr. Perna explained that the lot line would
change, but there would be no increase in the size of the lots.
A landscape plan will be submitted by the developer.
Mr. Nardella explained how the ANR Plan fits in with this
development. The ANR will be held in escrow until the parcel
exchanges hands. The ANR will not be filed until this occurs.
Random plantings will be placed along Lot 17 and the
Rockwell 's property, varying in types, 8 feet in height.
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Stevens crossing
Mr. Draper asked if the current driveways at the mansion and
the Hartrich House can be preserved. Mr. Laudani stated that the
entry way will be preserved with white fencing, and only one
entryway cut. Stone entryway with slate sign.
Mr. Simons arrived at 7 :45 p.m.
Mr. Simons had questions on what the houses will look like.
Mr. Laudani stated that some brick will be used throughout the
development, but not all houses will have brick. Mr. Simons wanted
consistent architectural harmony along the historic street scape
and maintain a mix of styles.
William Rockwell, 676 Osgood Street, wanted the Board to look
at the entire area. He stated that 14 houses on 5 acres is out of
place, doesn't fit, spoils the entire area. The Kettenbach lots
have 27 acres and the Board only allowed 3 houses. Mr Simons
stated that Mr. Kettenbach had only come before the Board for 3
houses.
A letter from the Rockwell's was handed out to the Board and
read into the record and is part of the file.
On a motion by Mr. Nardella, seconded by Mr. Draper the Board
voted unanimously to close the public hearing and take the matter
under advisement. A decision will be drafted for the March 30th
meeting.
On a motion by Mr. Nardella, seconded by Mr. Draper the Board
signed the Form A Plan.
On March 30, 1993 the Planning Board held a regular meeting.
The following members were present, George Perna, John Simons,
Richard Nardella, Joseph Mahoney and Richard Rowen.
The landscape plan was reviewed.
A letter to the file is needed from Tom Laudani regarding
escrow of Form A Plan.
Variances will be required for the 50ft. buffer zone even
though they have a Form A Plan in escrow.
D. P.W. has a problem with the placement of trees, wants trees
on owners land.
Mr. Simons asked why Planning Board designs were always driven
by D.P.W. constraints.
The street tree issue tabled for moment.
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Stevens Crossing
Staff to review and oversee plantings to create a barrier
along the High School and Rockwell 's property. There will be
screening along the Larson Property.
Questions were raised as to who maintains landscaping around
the entry sign.
1. supported by easement
2 . homeowners association takes care if this
On the model home - the Board will want to have bond money up-
front in return for lot release.
D.P.W. has to establish an amount for performance security.
Mr. Bill Rockwell read a letter from Mr. Kettenbach.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to take the matter under advisement until the next meeting.
Decision will be available at the April 6, 1993 meeting.
On April 6, 1993 the Planning Board held a regular meeting.
The following members were present, Richard Nardella, Joseph
Mahoney, Richard Rowen and John Simons.
Mr. Laudani to draft letter confirming his understanding
regarding the Form A Plan for the Hartrich property held in escrow,
submitted prior to filing of decision.
Mr. Thomas Laudani, developer, had the following issues:
1. Request letter to ZBA regarding lot size.
2 . Model homes issues
Model home - allow building of the model in exchange for
a bond equal to the amount of the cost to build roadway
to house. The model home must be on sewer.
3 . parking issues for model home
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to approve the decision as amended on the definitive
subdivision.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to approve the decision as amended on the Special Permit for
a PRD.
Mr. Nardella voted in the affirmative as Chairman as four
votes are needed to approve a Special Permit.
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Stevens Crossing
Decisions to be reviewed by Planning Board members,
specifically, Mr. Nardella and Mr. Rowen, prior to filing.
Attached are those conditions.
Sincerely,
PLANNING BOARD
Richard Nardella, Chairman
Attachment
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Agent
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
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Stevens Crossing
Special Permit
Planned Residential. Development
Conditional Approval
The Planning Board herein approves the Special Permit requested
by Rogers Park Realty Trust, dated February 10, 1993 . The
Planning Board makes the following findings as required by the
Rules and Regulations Governing the Subdivision of Land Sections
10 .3, and 10 . 31 :
A. The specific site is an appropriate location for a Planned
Residential Development and comprises approximately 21. 5
acres of land.
B. The use as developed will not adversely affect the
neighborhood.
C. There will be no nuisance or serious hazard to vehicles or
pedestrians.
D. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
The Planning Board also makes findings under Section 8 . 5 of the
Zoning Bylaw that this PRD is in harmony with the general purpose
and intent of the Bylaw and that the PRD contains residential
development and open space in a variety to be sufficiently
advantageous to the Town and promotes the public health, safety,
and welfare of the citizens of the Town of North Andover. In
particular, the Planning Board finds that this project will :
A. Promote the more efficient use of land in harmony with its
natural features by preserving open space, preserving the
community character, and preserving the mansion house,
chapel , and adjacent barn existing on site,
B. Encourage the preservation of open space as the applicant
has provided approximately 9 . 6157 acres (44 . 670-. of site) of
Open Space;
C . Permit greater flexibility and more attractive and efficient
design of residential development;
D. Meet the Town' s housing needs by promoting a diversity of
housing types.
As allowed through the Special Permit process, the Planning Board
has discretion in all matters which relate to density and
dimensional requirements in a Planned Residential Development
(PRD) . In the conventional subdivision plan presented as part of
this application, 19 total lots (17 new lots) were shown in
accordance with R-2 zoning requirements . The Planning Board, in
reviewing the overall preservation of community character that
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this PRD will provide, specifically the preservation of the
existing mansion, chapel, and barn as well as the adjacent fields
as open space, has determined that 19 new lots are appropriate on
the site for a total of 21 lots.
Finally, the Planning Board finds that the Definitive Subdivision
will comply with Town Bylaw requirements so long as the applicant
complies with the following conditions :
1 . Prior to endorsement of the plans by the Planning Board and
recording with the Registry of Deeds the applicant shall
adhere to the following:
a . The applicant shall post (per agreement with the North
Andover Planning Board) a Performance Guarantee in the
amount of $ 7, 500 (Seven Thousand Five Hundred) to be
held by the Town of North Andover. The Guarantee shall
be in the form of a check made payable to the Town of
North Andover escrow account . This amount shall cover
any contingencies that might affect the public welfare
such as site-opening, clearing, erosion control and
performance of any other condition contained herein,
prior to the posting of the Performance Security as
described in Condition 3 (c) of the Definitive
Subdivision Conditional Approval . This Performance
Guarantee may at the discretion of the Planning Board
be rolled over to cover other bonding considerations,
be released in full , or partially retained in
accordance with the recommendation of the Planning
Staff and as directed by the vote of the North Andover
Planning Board.
b. Documents gifting all associated open space to the
Conservation Commission of the Town of North Andover or
to an organization designated by the Planning Board,
shall be reviewed and approved by the Town Planner.
C . Restrictive Covenants insuring that the architectural
style of the proposed homes are consistent with the
referenced architectural plans for "The Andover" , "The
Bradford" , "The Cambridge" , and "The Dover" floor plans
as referenced and approved as part of this decision,
and are appropriate in design for the historical
character of the area . These covenants must also
include a maintenance agreement for any fences placed
on individual lots as part of the overall Subdivision
scheme . Documents to this effect must be reviewed by
the Town Planner prior to endorsement of the plans.
d. Restrictive Covenants must also be placed on the
existing mansion, chapel, and barn to ensure that their
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exterior will remain in perpetuity in harmony with the
historical period in which they were constructed.
Documents to this effect must be reviewed by the Town
Planner prior to endorsement of the plans.
e. Landscaping plans demonstrating the species type and
size of planting to be completed along the boundary of
the Rockwell property, the Larson property, and along
the high school fields must be submitted to the Board
for review and must be incorporated into the plans
submitted for endorsement . The applicant must work with
the land owners in creating the landscape plan for
these areas . The Town Planner shall be called to
review landscaped areas.
f . A street lighting plan must be submitted to and
approved by the Planning Board.
g. The applicant must have received all required approvals
and variances from the Conservation Commission and the
Zoning Board of Appeals . The plan endorsed by the
Board must reflect all changes that may be required by
any other Board, Commission, or Department .
2 . Prior to any lots being released from the statutory
covenants, the conditions outlined in the Stevens Crossing
Definitive Subdivision Conditional Approval must be followed
and:
a . Copies of the Open Space deed to the town through the
Conservation Commission (or to a group designated by
the Planning Board) and the Architectural Covenant on
the deeds as referenced above, must be submitted to the
Board for review.
3 . Prior to verification of the FORM U (issuance of a building
permit) for an individual lot, the conditions outlined in
the Stevens Crossing Definitive Subdivision Conditional
Approval must be followed.
4 . Prior to a Certificate of Occupancy being issued for an
individual lot, the conditions outlined in the Stevens
Crossing Definitive Subdivision Conditional Approval :rust be
followed.
5 . Prior to the final release of security, the conditions
outlined in the Stevens Crossing Definitive Subdivision
Conditional Approval must be followed.
G . The transfer of the Open Space, parcel X as shown on plans
entitled "Special Permit and Definitive Plan, Stevens
3
Crossing, North Andover, MA" , dated January 30, 1993, shall
occur prior to or at the time of acceptance of the roadway
by the town at town meeting.
7 . The applicant shall adhere to the following requirements of
the Fire Department :
a. All structures shall be required to contain residential
fire sprinkler systems the design of which will be
approved by the Fire Department .
b. Smoke alarms must be installed.
8 . All lighting within the site shall be as proposed and shown
on the referenced Landscape and Lighting plans. Any lighting
found at the entry shall be temporary, and will be removed
prior to Town Meeting accepting the road as a public way.
The entry lights shall be further reviewed annually from the
date of this approval . Should the Planning Board feel that
the entry lights may be removed without hindering the
marketability of the individual homes, then the developer
shall do so immediately.
9 . Any Plants, Trees, or Shrubs that have been incorporated
into the Landscape Plan approved in this decision, that die
within one year from the time of planting shall be replaced
by the applicant.
10 . This Special Permit approval shall be deemed to have lapsed
after (two years from the date permit granted)
unless substantial construction has commenced.
11 . The provisions of this special permit shall apply to and be
binding upon the applicant, its employees and all successors
in .interest or control .
12 . This Special Permit approval is based upon the approval of a
Definitive Subdivision Plan. The Special Permit and
Definitive Subdivision approvals are both based upon the
following plans :
a . Plans Entitled: Special Permit and Definitive Plan
Stevens Crossing
North Andover, MA
Dated: January 30 , 1993
Prepared For: Rogers Park Realty Trust
733 Turnpike Street - Suite 209
North Andover, MA 01845
Prepared By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Sheets : 1 through 11
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b, Architectural Plans for proposed homes at Stevens
Crossing showing "The Andover" , "The Bradford" , "The
Cambridge" , and "The Dover" floor plans.
Prepared By: Woodman Associates
20 Inn Street
Newburyport, MA 01950
C . Landscape and Lighting Plan for Stevens Crossing, North
Andover, MA, dated February 26, 1993 , revised March 26,
1993 .
d. Book Entitled: Statement of Environmental Impact
North Andover, Mass.
Stevens Crossing
Dated: January 30, 1993
Prepared By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
e . Book Entitled: Drainage Analysis for Stevens
Crossing in North Andover,
Massachusetts
Dated: February 25, 1993
Prepared By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
CC . Conservation Commissioner
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
StevensCross , PRD
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