Loading...
HomeMy WebLinkAbout1993-04-12 Correspondence DEF SUB 19, 19913 steverl" Crossi1q) 733 Turnpike S4. Suite 311 'N. Andover, MA 01845 j? Mr.,;. Karon Nofison Dire,otor ol,Plantlinty TOWII of N. Andover 120 Main St, N. Andover, MA 01,945 Doar Karen, I havesubinitted fi)r plonni'19 b0ftFdSh,)j'atIIrc a 15 lot ANIZ plan for the , ,)tcv(,-tls GroSsilig Pr6t)cfly located of-t Osgood '31. Although, it is fray desire and intention to proccod with 1he 21 lot PIRD plan that J havc, discussed with younself,u)(4 the town. planner, Kathleen Bv, d .1 . I cc, 1 will be submitting the PRD playa (61- Stevenq Crossing which repromil.s 19 now subdivision lols of redumd Size wilicAl will fu"I'dowe fill opoll of.50%, As you are, aware, 1 will raced the endorsement of the I ph,111j,T g .1, board relative to tarty Z13A waivors lfutl, 11.1ay ij,.j fiac[ bo rcqUiMd, My plan is, to have tho, ,Stovca,,,, Crossing PRD publio hecaring ".14, 11w, Pcbruaty 16, 1993 phanning board jyjc( ,fit"g. [ will Review 11,1c.c.fing. Regard"', 1). GIG. K. X Slapinski J. Mloodman karenlmwi HORT, KAREN H.P. NELSON Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING 4•ea,,:,,:t<.9 CONSERVATION °Apjjtl� DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT January 19, 1993 Mr. Thomas D. Laudani 733 Turnpike St. Suite 311 N. Andover, MA 01845 Re: Stevens Crossing Dear Mr. Laudani, As we discussed on Friday, the Planning Board has informally determined that the base density for the PRD will be 19 total lots as shown on the base preliminary subdivision plan. It is suggested that two of the "extra" lots shown on the most recent PRD plan be removed from the lots near the Larson' s house and the third from the area behind the existing house. If you have any questions please do not hesitate to call . Sincerely, AU"ieen E. Bradley Town Planner CC. P�anning Board aren Nelson, Director of Planning and Community Development StevensCross. l I�' FORM D i DESIGNER ' S CERTIFICATE 2 9 19 TO THE PLANNING BOARD OF THE 'TOWN OF NORTH ANDOVER: In preparing the plan entitled iST4-vr,,,j �iS'5��. (i I •hereby certify that the above named plan and accompanying data is true and correct to the accuracy required by the current Rules and Regulations Governing the Subdivision of land in North Andover , Massachusetts , and my source of information about the location of boundaries shown on said plan were one or more of the following : l 1 . Deed from . C����� �ca►� � to �'aralrr,r dated APO ! 5z and recorded in the /V• 4—/r,y• Registry in Book / 3S� , Page 2 . Other plans , as follows 3 . Oral informatian furnished by 4 . Actual measurement on the ground from a starting point established by 5 . Other Sources ' r Si geed (Seal of ( Registered Professional Engineer or Surveyo 5TCpHLit Registered lane! Surveyor) No.r��� � � • s�NAI tR119�.��a i" SJ-4C �'►►rrr�:" Address liobruary 9, 1993 1vN. Karcn Nelson Divi.Nion of Plaiming 'row,, of North Andover 120 Main St. N. Andover, MA 01845 Dear Koren, 111case include; Stevens Crossing as part of the XUrch 2, 1993 Planning Board Agenda for the puiylose of a public heating relative to the Definitive plan and Special Permit Application of the Stovers (Tossing subdivision coexisting of ninotcon now lots under the P. R. D. Bylaw. Should you have any quastzons relative to this request, please, contact me at(508) 687-1128. Regards, Thomas D. Laud-uu c:(;: K. Dradleo S', Slapi1►tikl f, Woodman PIdI)bd3&W6 } y i rubrt�aty 9, 1993 N1s. Kiwen Nelsou Division of Planning Town of North Andover 120 Main St. N. Andover, NIA 01845 Dear Kareu, Please set up a T.R.C. mecting for rcbrttaty 16, 1993, at at fin-le that N convenient for all stM 'members. The 17tttlaose being the final review of the Stevens Crossing P.R.D., Prior to the March 2, 1993 Planning Board Ptal>Lic 1-10ating. Regards, Thomas 1). Laudatti cc; 1:. lzracil�c✓ S. Slatl�inSl:i J. Woodman t 1 I?cbrrsar,y 9, 1993 Nin, 1CFlwn NdnoI1 1.A.Vi;;ioll of Plaimital Towji ol'Notth Andovoi. 120 (v1,jiil 81. N. Andovor, E/lA 0 1845 �t 1r,��• l'�tll°ill, ,ail tip ,t ' '.R.(.f. jiv, 41J. for Februmy—M, 1993, ,►f:a limo 1haf. 4, Goimmic i)l .kill• ,�Ik �,t,�F1 rrl�lxli�(arE,. '1'llu pul-po"'o t ;illp, Ill(, Brill ivviow of fho Slows'w" (,roe ;ire}; PAU)., pl iol. to 11w, Nllarrob 2" 1993 .i im-liliop'13oard P(lbli(: 1. I ogar ds, .:. (;i,}. S. 'Slapirlski 1-KC�tr�27G fill Vubi-tiaty 9, 1993 hAm Karol Nogm) I)ivi,'doll of,Planning Town 4)('Novili Audovcv 120 Wn SI. N. Andovor, MA 011145 Dcarl(avon, Please include stcvmls Crmsirigas part of flic Marcli 2, 1993 Planninp, Hoard 1-br flic, Im"POSO 0141 PAU(" Imaring, f-clalivo to A DoHnifivc, plan avid Spooial Poinit Applioalion of1ho. slovow, ("'ro."sing subdivision (.ojI';iWhIg or Id"Woull new jois undor 11w J.". R. D. 13ylaw. AM you haw; any cpwmdons rda6ve to Ibis inquej plvaw. coofacl nwal (508) 687-4128. Lacidaid (x: K. BradIm S. Nlap4i8ki J. Woodman Fobnotry 1.5, 1993 R..oge Parh R..Oally ,rrusa S(evotts Crossing 733 Turnpiko S4. Suito 311 N. Andover, MA 01.945 Mrs. Karen Nolsoo -)iredor ().I r 1'l.-U1161-1p, town of N. &j.dover 120 Main St N. MA. 01 �A-5 Dcar Kum, The Stevens, Crossing O W. Mecting is soluxitiled I-br V bruary 17 3, 199' at I 1 :00 A.M. UrvIbri-Anatcly, 11cither stevc., or Illyself will preso,111, how(wor both John"'I'than Woodillcall and R.. Daloy from Woodi-man Mervii'mach Eng,inn orii-ig will present ow, plat).s. "I'lleso Plan", arc; based on a scrics- of inc.otings and inibrinal picanuin.g board discussions and should nol. proselit ally "all rises. WO will be subillitting 1-hu de,finitive plan wilh (mly 'FR-C revisions al the March 2,1993 tucofing. I will contact: you while aw,,.i,,,y as' to fliv, result;.), of the TR.C, me-cjin . Additiomally, if your schodule, permits, .1 wouldappreciatc, your caflondanco at 1ho, TRC, mecting ill addition to Kath.1con Bradlee, sinco, this. is a "Citizen scjlsifivc,, pro.imt. Retards, 11l orila s 1). Laud'alli cc: K. Bradlee R. Dr/ey S. Siapinski J. Ol'oodman karen2.-wri KAItEN H.P.NELSON Town of 120 Main Street, 01845 a Director ". NORTH ANDOVER (508) 682 64ss BUILDING '" """:` oBaEt O!V[5[ON OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT February 17, 1993 Mr. Thomas D. Laudani Rogers Park Realty Trust Stevens Crossing 733 Turnpike St. , Suite 311 North Andover, MA 01845 Re: Technical Review Committee Meeting 2/17/93 Stevens Crossing Dear Mr. Laudani, The Technical Review Committee met this morning to discuss the proposed Stevens Crossing Residential Subdivision/PRD. Sandra Starr, Health Administrator; Bill Hmurciak, Town Engineer; Karen Nelson, Director of Planning and Community Development; Richard Doucette, Conservation Commissioner; Bob Nicetta, Building Inspector; Ken Long, Fire Safety Inspector; and I were in attendance. The following concerns and comments were made: Planning: * 50 foot no disturbance buffer zone must be shown on plans, and be a part of the deeds for each lot. Waiver will be required for the portion of the square and the driveway to lot 17 as the pavement encroaches upon the buffer zone. Show limit of lawn for each house as the buffer zone reaches to the backs of some of the houses. Waivers will be required if lawns are to be created. * List of requested waivers must be submitted. * Traffic concern, study may be required. * Street names must be approved by the Emergency 911 Coordinator at the Police Station. * Lots 14 and 15 walkway between them must be defined in some way so as not to become part of their lawns. 2 Building: * Check that sewer on Osgood Street is large enough to handle Edgewood Life Care as well as proposed development. * Plans for the buildings must be adhered to. No changes are to be made in the building materials without notification to the building inspector. Fire: * Sprinkler systems will be required. * Hydrants will be required at the end of each square. * Cul-de-sacs must be of an adequate size to allow for a fire truck to turn around. Conservation Commission: * Entryway to Stevens Crossing - look at trees in field to mark ones to be preserved if possible. * Lot 10 and 11 - protect trees on lot lines if possible. * Need extra protection for trees to be preserved than just marking. Need to stake out drip line of trees and prevent disturbance beyond this line. * Lot 8 - landscaping/planting along the Osgood Street sides to protect scenic view. May require that smaller house type be constructed on this lot as it will be the most visible. * Maybe need to turn houses on Lots 1 and 4 so that they fit in with the view from Osgood Street. * Keep trees along Osgood Street. Prune or thin trees as part of overall plan. * Concern that fence shown on Adams Square will not be maintained if it is constructed in the Right of Way. Suggest that a fund be set up for the maintenance of this fence if it is to be built. May eliminate fence in favor of grading. Stone wall may be preferable to a fence. * Possible wetland connection across the front of Lot 4 . This will have to be checked. At worst it could involve the elimination of Lot 4 . f f 3 * Natural Wetlands cannot be used for stormwater detention under North Andover Wetland Bylaws . Conservation Commission may allow use as detention if upgraded as a wetland area (le. plantings provided) . * Question as to who will own the open space. Suggestion that it be deeded over to the Trustees of Reservation. * Lot 9 and 10 drainage outlet too close to the wetlands. * Small shallow sumps at the bottom of outlets for sedimentation required. Department of Public Works: * Double gate valve on each ends of the square required. * Existing hydrant must be relocated. * Eliminate the wall from Adams Square, move street south to avoid wetland. Less pavement may be allowed to remove roadway from wetland area. Applicant is to work with DPW in the resolution of these issues. * Drainage calculations required. * Applicant to work with DPW regarding the size of the cul de sac and materials to be used. * Word "Open Space" should be used instead of "X" on the plans. The above list outlines the discussed items. If you have any questions please do not hesitate to call. Sincerely, Kathleen Bradlee Town Planner CC. R. Dailey, Merrimack Engineering S. Stapinski, Merrimack Engineering J. Woodman, Woodman Associates K. Nelson, Director of Planning and Community Development Technical Review Committee File Stevens. l �ORYH Zolun ofnbwnr O� Office of Po�ECE CHIEF OF POLICE `� •--��_ '' NORTH ANDOVER, MASSACHUSETTS PHONE: SAC�uy 683-3168 RICHARD M. STANLEY CHIEF February 24, 1993 Mr. George Perna, Chairperson North Andover Planning Board Town Hall -- 120 Main Street North Andover, Ma 01845 RE: Stevens Crossing subdivision Osgood Street, North Andover Dear Mr. Perna: Regarding the subject project, please be advised that I have reviewed the subject subdivision plans depicting 21 lots (2 existing units and 19 proposed units. ) In addition, I have reviewed the accident history and sight distance available along Osgood Street at the location of each of the two proposed road- ways. It is my opinion, that adequate sight distance exists at the intersection of Osgood Street and each of the proposed roadways, and as such, no safety problems, traffic problems or other concerns from a public safety stand point are anticipated as a result of the development of this site in accordance with the submitted PRD Subdivision Plans. Please contact me should you have questions or comments. Sincerely, RICHARD M. STANL�T� CHIEF OF POLICE CC: Thomas Driscoll, TRC Member � } ) . � ^ William P. Rockwell 676 Osgood Street. North Andover , Mass. , 01845-1938 508 6B3-1295 Open space already existing and probably to remain open space: All theme lots are adjoining or across the street from the Caroline Rogers estate on Osgood Street: Gonya Estate, One dwelling on 6+ acres Ousler Estate, two dwellings on 17 acres. Kettenbach , one acre lot . Mr. Sam Rogers, three one+ acre lots. In back of these four one+ acre lots, each on 150 frontage on Osgood Street , Ps a 15 acre farm which will go the Trustees of Reservations when and if the Life Care development comes into being. A small triangular piece of land on which no building would be desirable or permitted. 6 acre piece already dedicated to Trustees of Reservations whose charter requires permanent open space conservation. Mr . Larson , 1 dwelling on about three acres. North Andover High School and playing fields on which there probably will be no more building. Much open space. Thomas & William Rockwell , three houses on 4. 71 acres. C HaMMM "d WWTITTM 'PaJO301 MI j4.aMWd01;aAMP Mqj 4.13T4.lM Ul BUTUM WOU allU aqj 01 BUTJOqPu Aq awds uada 1V4,a0111ppe aqj Maim+ pieug aqj jeqj Isanhaj 0 ST STq'j, -eaju awe amc) An+ poUOZ, e UJUT BUISnoq papMMAn +0 SMnOlq A110 WMAqj 40 JUMIMIMM Mqj 4nOq�-! a3uld Illm quawdolaAap JaMIS P006SO Sjqj JOY BUTUOZ jalsnlj pamaduAd aqj- ( -pmqDvlqe 4.}S=a5) -vaje sj"j in+ aneds uado jo AluoTd aq Illm sAwMTe Alquqojd putz. Appaile ST ajaqj - jesodaid sjqj jof aneld 4o Inn swaas awds uado aqj 11wiad al mewe Aqjum" jaqja Bulpmow In Ison a4_I4 le aneds "ado ajow je4j eMPT aq..I- wjewaj al "sym pue aje Aa"q sw anulquon sjMTj0uOjjTpeAj aqj qaj a.1, An QuABoAd ujapow aqj mallwMS al MjSTjWUOjjTpwjq Mqj MSU 04 jSaq 11 M -buTuaz jalsnTm pasadoid mTql P4Jn0JJnS 04. M SaAlleU je4. 0QTpeJ',j- aMl al jou Inq lbulleaddv AMA We SeMPI UAMPOW OJOW JOBUMA 04. j 'Ajjwjnjwkj -jamilS paaBso un AlAndaid siaboU aujjajw3 -sjW aqq uc) luopnel ^ aW Aq juawdolOAMP BUTUOZ JMqSnl3 eqj Ul Men a4l Mq 04 SWOMS qMns - jaajjg poobsg In uallmas sTqq w+ bufllamp jad aine aun w " I Apivog innA fu muollulnBaj japla aqj un BulAijen +0 JMAef U! SPaPT AMMMU Mqj wojl Aeme Aqs al spual u4m dnoib paqualAn AjjuuaTjTpeJj, Japla 044 am le ST ajaul 6jng QujuoZ jalsnlo se qnns seapT ujapow Ammau eqj olowaid a4 4uTm n4m ipjeaq jnoA se qnns ldnmb jabunaA eqj aAw ajaq; Wasoy Isow ul sv -huj"ax jmlsnlm pmondoid aqj In pealsul quawailnbaA BuIllamp Aad mine aua aql al ajaqpe al 11MMAp, poobsg un Aliadaid sjahuH aqj jo jadulAap aqj Ise noA jvqj Isanbai v sl sTq..j.. '4.iM01 WO BUjAJaS J0j nOA NUeq.j. I "Mma I junc) g1glo ' 'OSOW ' JaAOPUW qlJON QWOM ITTH Aeag ZOT ' UaMOH PJeWTH "AW qtgjo ' -MeW ' AMAUpuW qlAMN 'pund jjyW bZ IMUOMW qdasoV -j[,l gyajo 6 "SMVW 6JaAOPUV MMON WaAlS uOsuMOP 02Z ' jadvia "o uqoV "Aw gbgjo ' -SSOW ' JaAMPUU qlJON 1pwaH mapwaW APH 29 'PIMP-,ON PJwqn!M "Al gV810 6 'MSWW ' AaAUPUU qjAUN ' PUMM PaOMUOJI qZ ' IM13 'SUM19 UqOp 'JIAI qV810 "MeW ' AOAUPUU 41JON ' MA19 WMAM 09Z 6uumAl1::1M 'WuAad aBAOag "Al CpAeOg bUTUUeld AMAOPUW UJON M mj� 266T IVZ AAenjqa....-.l 96ZT-289 80q 826T-OVS10. ' .S-SelAl ' JaA0PUW q4JON IMMAIS f)OMBSO gLg TIMMMMM "d WwTttTM | ` | , ) ! ! | | ! � � � | � � � Ooen space already existing and probably to remain open space: All these lots are adjoining or across the street from the Caroline Rogers estate on Osgood Street: 8onye Estate, One dwelling on 6+ acres Uusler Estate, two dwellingu on 12 acres. Kettenbach , one acre lot. Mr. Sam Rogers, three one acre lots. In back of these four one acre lots, each on 150 frontage on Osgood Street , is a 30 acre farm which will go the Trustees of Reservations when and if, the Life Care development comes into being. A small triangular piece of land on which no building would be desirable or permitted. W acre piece already dedicated to Trustees of Reservations whose charter requires permanent open space conservation. Mr . Larson , 1 dwelling on about three acres. North Andover High School and playing fields on which there probably will be no more 1.)u� :1.ding. '?"6e e'4 If .6 Thomas & William Roc kwelI , WW houSes on �w41 acrea. � q Y ' rJ' � IU hr�v_P r� t � �t- 1 Ik O J O rb VIIIJ �fJ ' �, i Date: Dear I am sending this letter to register my strong disapproval of the Town Planning Department's intent to create a new "de facto" definition of a Planned Residential Development in order to facilitate the granting of a Special Permit to Tom Laudani for Stevens Crossing. We have a statute on the books which sets forth a legal definition of a PRD. It was voted on and accepted by the citizens of North Andover at Town Meeting. Under the proposed plan for Stevens Crossing, only one out of twenty new home sites meets the dimensional regulations for minimum lot size and for buffer zone requirements. "To encourage the preservation of open space" is but one objective of many outlined in the statute. It is not written, nor was it intended, to optimize open space at the expense of all other considerations as the current proposal for Stevens Crossing does. It is obvious that granting wholesale variances to the current PRD regulations in order grant another variance for a Special Permit is not the way to handle this issue. The regulations should be changed or the plan should be submitted to Town Meeting as a special case. The citizens of North Andover have a right to expect the protection from overly dense and inappropriate development which the PRD regulations are supposed to insure. This project does not represent good planning, and granting a Special Permit for it would not represent good government. It is irresponsible that this plan is even being submitted. It should not have been developed in the first place and should be voted down at the March 2 meeting of the Planning Board. C-(a4 a-0 "I-Q-('.� ( Ai-� MERRIMACK ENGINEERING SERVICES, INC. PROFESSIONAL ENGINEERS • LAND SURVEYORS • PLANNERS i OF 66 PARK STREET • ANDOVER, MASSACHUSETTS 01810 • TEL,(508)475-3555, 373-5721 • FAX(608)475-1448 February 24 , 1993 Mr.. Frank Seri o , Chairperson ] Zoning Board of Appeals Town of North Andover Town Hall - 120 Main Street North Andover , MA 01845 RE: Rogers Park Realty Trust - Stevens Crossing/Osgood Street North Andover , Massachusetts - Variance Request Dear Mr . Serio : Relative to the subject project and the request to obtain a variance to the North Andover Zoning By- Law of Section 8. 5 . 6 . 1) concerning Dimensional Regulations in Subdivisions and Planned Residential Developments (PRD ' s ) , I wish to clarify on behalf of the applicant those items in this section which will require a variance for this project to the North Andover Zoning Sy- Law: a , Minimum Lot Size: R-2 Zone requires 21 ,780 square feet of land area per lot. Lots #1 - #2 , #4 - #16 and . #18 - #19 , all inclusive, contain less than this minimum lot area , but do contain the area requirement of a R-3 PRD Zone (12 ,500 square feet) . If this minimum lot area requirement was not varied , implementa- tion of a PRD would not be possible without utilizing a significant portion of Lot X , designated on the plan as Open Space . This Open Space area has been identified by various Town official and residents as having significant historical value and Community purpose , in that the rolling hills in this open field reflect the character of the Community as it is perceived by its residents . Disruption of this open field by development would negatively impact the aesthetics , sense of Community , and overall livability of the area . Further, development of this area would require construction of houses , roadways , utilities and appurtenances in sensitive wetland areas or in close proximity ( in buffer zones ) of wetland areas . Configuration of the PRD in the format submitted responds to the environmental conscience of the Community . The alternative. of development of this site in a conventional format without utilization of the PRD By-Law would create more severe negative environmental and Community impacts than this project. Development of the site in a conventional Form. A manner would also significantly negatively impact the sense of Community and resource area described above . Further , development in this later format would create an excessive number of driveway curb cuts which would serve to destroy the scenic corridor of Osgood Street, creating a disruption to the Mr . Frank Serio j Page Two February 24 , 1993 aesthetics and sense of Community in the area . The excessive curb cuts would also create increased potential for accidents and disruption of traffic along Osgood Street. Given the alternatives available for development of this site , . the topography , frontage , geometry , wetlands , and setting of the site , a hardship to the property owner and Community would occur if relief to this aspect of the Zoning By-Law were not granted . b . Buffer Zone: 50 feet from the parcel boundary to any structure located within a PRD Development. Said Buffer shall remain open without pavement or roadway(s ) and left in its natural condi- tion. Strict adherence to this portion of the Zoning By- Law would not permit the development of a roadway to service lots within the proposed PRD , nor would it permit the construction of a driveway on Lot #17 , or the ancillary grading associated with house construction on Lots #17 - #20 . Strict adherence to -this portion of the By-Law would require relocation of the PRD Development to an area further south on the site , planing the development in close proximity to wetlands and other sensitive land forms described in a . above . Further , the negative impacts to the Community and property owner are similar to those described in a . above . Effort has been made on all lots to minimize encroach- ment within the Buffer Zone and relief has only been requested in those areas which would otherwise provide poor quality site planning and design to occur in the development. Given the geometry ( property lines ) , topography , and other natural characterists of the site , failure to grant a variance from this portion of the Regulations would provide an otherwise undo hardship upon the property owner and Community . I have taken the liberty of enclosing updated plans which reflect more accurately the development , based on comments received from various Town officials regarding the proposed development which can be used as a supplement to the original plan filing with your Board . Given the above and enclosure , please do not hesitate to contact me should you have questions or comments . Ver4MAENG our , MER NEE ICES Steto ' n k RL Prodi a r sb enc cc : North Andover Planning Board V Thomas Laudani MERRtMACK EN0NEERING SERVICES.INC. • 66 PARK STREET • ANDOVER,MASSACHUSETTS 01810 r ! i MERRIMACK ENGINEERING SERVICES, INC. PROFESSIONAL ENGINEERS • LAND SURVEYORS • PLANNERS 65 PARK STREET • ANDOVER, MASSACHUSEfTS 01810 + TEL(508)475-3555, 373-5721 • FAX(508)4751448 February 24 , 1993 Mr . Fred Harney , Permits Engineer Commonwealth of Massachusetts �'�, `'' Department of Public Works- District V 485 Maple Street Hathorne , MA 01937 RE: Stevens Crossing Subdivision - Osgood Street, North Andover Dear Mr. Harney : Relative to the subject project, please find enclosed herewith a set of subdivision plans for your review associated with the construction of two roadways on Osgood Street , a State Highway Layout in North Andover, Massachusetts . I have also enclosed a copy of a Form A plan for the same site , for which curb cuts are not requested ( for information only ) . Implementation of the Form A plan would yield a total of 15 driveways onto Osgood Street . In lieu of this - multiple driveway construction , we are proposing a PRD which will eliminate multiple curb cuts and direct the traffic onto Osgood Street in two locations , at each of the two roadway intersections . It is our opinion that adequate safe site stopping distance exists at both of these intersections along Osgood Street. No disruption in the State Highway drainage is anticipated from the project. You will also note that we are proposing construction of a sanitary sewer in the shoulder of the roadway , all depicted on the enclosed plans . Please review the plans and provide to me your comments so that we can proceed to complete final submissions to you appropriately for the proper MDPW Permits for this site construction . Given the above and enclosures please do not hesitate to contact me should you have questions or comments . Very JACEN y u , MERR IN ERIN - SERVICES StepS p n i , RLS Projdi ator sb enc cc : North Andover Zoning Board of Appeals North Andover Planning Hoard Thomas Laudani MERRIMACK ENGINEERING SERVICES, INC. PROFESSIONAL ENGINEERS • LAND SURVEYORS • PLANNERS 66 PARK STREET • ANDOVER, WSACHVSETTS M10 • TEL(508)475-3555, 373-5721 • FAX(508)475-1448 Pebru.ary 25 , 1993 Ms . Kathleen Bradley Town Planner Town of North Andover Planning Board Town Hall - 120 Main Street Borth Andover , MA 01845 RE: Stevens Crossing - Forth Andover Dear Ms . Bradley : Regarding the subject , enclosed is a listing of waivers required from the Planning Board for the project . Please review the enclosed and contact me should you have questions or comments . Very truly yours , w MERRI ACK NG NE RIN R-01C. ES Stephe � tapins i, RLS Proje ,G on nat sb enc cc : Thomas Laudani L I S T O F W A I V E R S (P L A N N I N G B 0 A R A) STEVENS CROSSING - NORTH ANDOVER (PLANS DATED J ANUARY 30 , 1 993 ) Subdivision Regulations , Town of North Andover 1 . Section 7 . A. 3 . 9 Grade of streets shall not be in excess of G%; for a short distance waiver to 6 . 2% and 7 . 0% to allow lot grading ; roadway to follow closely existing topography ; provided slope granite curb at these locations . See Section 7 . A. 3 . d which permit the above . 2 . Section 7 . D . 2 Sidewalks to be constructed 5 ' wide ; waivers to 4 ' wide . MERRIMACK ENGINEERING SERVICES,INC. - 66 PARK STREET - ANDOVER,MASSACHUSETTS 01810 \ ' � | ` ) � { � � February 26, 1993 ! � � Dear Mr . Perna: � � I am writing to express my concern over the Plannod Residential Development (PRD) called Rtevene Crosqing that is being presented to the Planning Board on March 2. This plan requires a Special Permit from the Planning Board yet it doesn't meet many of the basic requirements set forth io the Zoning By-Laws. It doesn' t meet minimum lot size dimensions for 17 of the 20 lots nor dues it meet the requirements for 50 foot buffer zones around the perimeter of the development. Roadways and driveways come within 4 feet of boundaries in some cases. In many cases, excavation, grading and lawn installation will occur within areas which are required by statute to be left in "natural condition" . l voted for the PRD article at Town Meeting and I support it for sites where it is appropriate. It is obvious, however , that the Osgood Street site is not appropriate as the plan cannot meet the density or set back requirements in the statute. With all the PRD development going on in town, it 's essential that it must be responsibly controlled . We have clear and unambiguous requirements on the books. Let's enforce them and stop bartering away the character of our town for an extra acre of open space here or a slight design change there. The Steven5 Crossing PRD is a bad plan, and if built, will be an eyesore for the neighborhood , not the exercise in historic preservation it is being billed an. Regards j ' f 440 Osgood Sheol. North Andover, MA 01845 March 2, 1993 George Perna, Chairman Maiming 13oa.rd Dear Georg(;, I ret!yof. Illal I a►u tma ale to it lend It le meeting of the Planning Board this evening, but the Sole"ct►Ttell are also meeting Ibis ovenirig. l alppreciate the opporlunit.y to address a few remarks about Slevells Crossing, to the.Board, and i illy raeoting, is over ill nine, I will. try to attend at toast. pall:of,your n►eetili;. '11le devolopulelif of the opeli field along Osgood. Street is apparently one which concerns orally tower rosidents, not.just.abulters. I receive:([ a number of phone calls wirer► the project was first announcod, and l a►rrauged a►n informational it►eeting with vier►►bers of the pla iming staff to a m%ver some of tho quoslions which had beeii raised. `fl►e sense of that n►eoting and of the plione calls was that.people preferred no developniellt, but if it was inevitable, as clutch of the open field as possible should bo preserved. Since the filing of the purr►►feet residential developi-nent, I and other Solectinen have received a number of form ldto s protesting these pla►lrs, but I ala not sure that the senders are aware of all. the allonialives. t (to not agree, I-hal. chistel' zor►ing is liecessarily llgty arid a. blight,oil the neighborhood. A. RIM gives the Pla►mint;.Board Ilse authority to stipulate landscaping and other amenities Which are not otherwise required. With a PRD, ille, developer will Have to it►stall sewer lilies as well as water title,, algid roads, Most huportantly, a major portion of the open field along Osgood Street; will remain oholt. As ill abutter, :l a In willing t.o accept.a cluster of houses clear our lot line hi ardor to preserve the open center of 111e field. 'file altonialive, borne A lots all along Osgood Stt'eet, scents to br, the ]cast attractive. 11 will rGsiih in a.jigsaw plivale of pan'cols and porn chop lots and possibly, over a dozen septic systems 1`illillt; the field. Fi►sally, although l: (to support the PRD proposal, I don't: Iltink it is necessary to give extra lots to tho developer in illis Case. The public has shown a strong demand for this type of housing ill North Andover, and Ifiese I)roperlies will sell mticll faster Ilian the subdivision style houses which will go ill)under the other plan. 'I'lrank you for your cotlsideralion of these conirr►elals. S111Ce1',ty, Ma>rIha Lars )rl f 1/1/�,7 This document outlines the concerns of Barbara and James Hartrich, 592 Osgood Street, North Andover, Massachusetts, relating to the Special Permit application of Tom Laudani for Stevens Crossing PRD. These concerns were voiced at the March 2 meeting of the North Andover Planning Board at which time it was requested of the Chairman that this document be entered into the record of the meeting. Submitted to The North Andover Planning Board on March 2, 1993 James and Barbara Hartrich t / i The developer of Stevens Crossing is requesting that the town grant him a Special Permit to excuse him from the required lost size of one acre in order to build a Planned Residential Development (PRD) in an area currently zoned R-2. Section 10.31, paragraph 1 of the Zoning By-Laws sets forth four conditions, all of which must be met before an application for a Special Permit can be granted, We contend that the first three conditions (a, b, and c) are not met by the plan under consideration. The following evidence is submitted to support this contention. a. "The specific site is an appropriate location for such a use, structure or condition;" The site is not an appropriate one for a planned residential development due to the fact that the plan submitted does not conform to the dimensional regulations set forth for PRD's in the Zoning By-Laws Section 8.5 paragraph 6D, Specifically; • Only 17 of 20 proposed lots meet the 21,780 square foot minimum lot size requirement. Substandard lots range in size down to 12,522 square feet. • The required 50 foot natural buffer zone from all parcel boundaries will not be met. The regulations require that this buffer be flee of buildings, pavement or roadways and be left in its natural condition, The following violations are noted, - Lot 20: a building - Lot 17: a driveway (shown in previous plans and omitted from the final plan, it is assumed that the home will have a driveway) - Lot 1: a sidewalk (shown in previous plans and omitted from the final plan, it is assumed this home will have a front walk as do all the other homes) - Bailey Square: a roadway within four feet ofHartrich's property - Lots 1, 4, 5, 14, 15, 16, 17, 18, 19: excavation, grading and lawn installation will occur within the natural buffer (see appended map and sections of the Zoning By-Laws) Q Other conditions which make the site unsuitable as a planned residential development are its elevation and generally unscreened condition. Of the few trees on the property, many are being removed in favor of roadways and buildings. This is especially a problem with respect to the property of Hartrich, 592 Osgood Street (see appended photographs). b. "The use as developed will not adversely affect the neighborhood;" Several factors will adversely affect the quality of life and property values of abutters and other people in the neighborhood. Specifically: • The dense concentration of homes on this site will negatively impact the views and vistas both from abutting properties as well as from other parts of town due to the elevation and treeless nature of the site. Failure to meet the 50 foot natural buffer requirement further aggravates this condition. The effect of concentrating such a large number of homes will create an extraordinary amount of noise from cars, lawn mowers, children, pets and other sources which accompany the day to day occupancy of a home. This will be especially noticed by abutters Hartrich, Rockwell, Ousler and Gonya as 15 new homes will be created in an area of approximately 5 acres at the Northwest end of the site. C. "There will be no nuisance or serious hazard to vehicles or pedestrians;" There will be a road created to service 16 and possibly 17 residences (counting the apartment associated with the main estate house) at the Northwest end of the site. This road will be placed in such a fashion as to create the following hazards: • It will create a dangerous situation for those using the Ousler's driveway located across Osgood Street a few feet away. • The roadway's access to Osgood Street is located in an area of the street where visibility is poor due to a curve to the Northwest and a hill to the East. This makes both left and right hand turns onto Osgood Street extremely dangerous. 7 i i Another serious hazard created by the high volume of traffic exiting from this road is posed to the many joggers, walkers and bicyclists who frequently use this section of Osgood Street for recreational purposes. There are no sidewalks in this section of the street and pedestrians must use the street. In summary, this plan fails in many ways to meet the conditions set forth in the Zoning By-Laws for the approval of a Special Permit and should therefore be denied. The fact that it also does not meet the dimensional requirements set forth for a Planned Residential Development further condemns this plan. To grant a Special Permit to the existing Zoning By-Laws by waving the PRD requirements would, if effect, be re-writing the definition of a PRD. This is not a task which falls within the authority of the Planning Board. In the past, such changes to the Zoning By-Laws have required approval of the citizens at Town Meeting. Failure to meet these conditions imposes undue hardship upon the abutters of the proposed development who would be deprived of their rights to protection from the overly dense development of their neighborhood that this proposal represents. i i Appendices • Relevant Sections of Zoning By-Laws • Map of proposed development - an earlier version of the heal plan which does not significantly differ from the final one • Photographs D. Dimensional Regulations: Subdivisions Minimum Lot Size. R-1 and R-2 21,780 square feet; R-3 12 , 500 square feet - Lot Frontage: 100 ' all zoning districts All Yard Setbacks: 20 , (1) Height Limitation: 30 ' and 2 . 5 stories Buffer Zone: 50 ' from the parcel boundary to any., structure located with a PRD development. Said buffer shall remain open without pavement or roadway (s)�(s and left �.n�} its natural Acondition. � 1 . The structure may be placed upon a side lot line without a side yard setback, provided that the adjacent lot to which the zero setback is located has the required side yard setback. lanned idential E. ParkingRequir.,emen For l street parking shallbePprov provided ass Develop required by Section 8 . 1 (off-Street Parking) . F. Usable Open Space: Usable open Space shall be defined as the part or parts of land within the PRD which are reserved for permanent open space. This space shall exclude parking ing areas, but include required setbacks and walkways. usable open space shall be open an unobstructed sculptures,othe sky; however; trees, planting, arbors, flagpoles, fountains, swimming pools, atriums, outdoor recreational facilities and similar objects shall not be considered obstructions . 1. For subdivision PRD' s the minimum usable open space requirements shall be 35% of the total parcel area; and no more than 25% of the total amount of required usable open space shall be wetland. 2 . For site planned PRD' s, the minimum usable open space requirements shall be 50% of the total parcel area; and no more that 25% of the total required usable open space shall be wetland. All resource area shall be determined d y h Town' sements t of M.G.L. Chapter 131, Section , nd Bylaws under this subsection. For all PRD' s the Usable open Space shall be owned in common � . by and readily accessible to the owners of all the units in the PRD by any of the following groups: 8.21 { 1J 10.22 Powers of the Board of Appeals The Board of Appeals shall have the following powers: ,,.L i 1. To hear and decide actions and appeals as provided herein; JL 2. To hear and decide applications for appropriate Special Permits and variances which the Board of Appeals is required to act upon under this Bylaw. C:1:0D.3Special Permit The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to the issuance of Special Permits. A copy of these rules and regulations shall be filed with the Town Clerk. The rules and regulations shall contain, as a minimum, a description- of the size, form, contents, style and number of copies and number of plans and specifications to be submitted and the procedures for submission and approval of Special permits. The Special Permit Granting Authority may grant a Special permit within the framework of this Bylaw only after holding a public hearing which must be held within sixty-five (65) days after the applicant files for such Special Permit. The sixty-five (65) days period shall be deemed to have begun with the filing of the application with the Special Permit Granting Authority. The applicant is responsible for transmitting a copy of the application for a Special Permit within twenty-four (24) hours of the filing of the application with the Planning Board or the Board of Selectmen and to the Town Clerk. If an application for a Special Permit is to be filed with the Board of Appeal, the applicant shall file the application with the Town Clerk, who shall transmit , the application to the Board of Appeals within twenty-four (24) hours. 10.31 Conditions for Approval of Special Permit 1. The Special Permit Granting Authority shall not approve any such application for a Special permit unless it finds that in its judgement all the following conditions are met: a. The specific site . is an appropriate location for such a use, structure or condition; 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; 10.3 | | ` | > i | � | � | \ � / William P. Rockwell 676 Osgood Street North Andoverl Mass. , 01845-1938 508 683-1295 March 16, 1993 To the North Andover Planning Hoard Rggom PCgQMCty on Gentlemen , It is urged that the Planning Board only approve any development of the Rogers Property with one house per acre for which the whole neighborhood is zoned. Nearby is the proposed deve1pment by Mr . Kettenbach on Osgood Hill . You have granted Mr. Kettenbach permission to build less than five houses on tenty-seven acres, it is believed. Such seems much suitable for the neighborhood than granting permission for 14 houses on five acres as is proposed for the Rogers Development. It is urged that the Cluster Zoning be denied as not suitable to the neighborhood in which it is proposed . Most sincerely yours, 12 RICHARD M. STANLEY 566 Main Street Chief of Police No.Andover,MA 01845 Telephone: (508) 683-3168 'Toftm of Nor boiler POLICE DEPARTMENT 04 %AORTfl :a o73 P'..I.,irw K• 4 �SSA USk� TO: Kathleen Bradley, Town Planner FROM: Richard C. Boettcher, Communications Supervisor/E-9-1-1 Coord, SUBJECT: Street Names DATE: March 22, 1993 Be advised i have spoken with Thomas Laudani concerning the street names within the Stevens Crossing Development. The street names of Roger Square, Bailey Square and Post Square are acceptable. cc: Fire Chief William V. Dolan Police Chief Richard M. Stanley NOATH Q KAREN H,P,NELSON Town o 120 Main Street, 01845 Director " (60$) 686483 NORTH ANDOVER BUILDING CONSERVATION@8 " 6es DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT March 22 , 1993 Mr. Tom Laudani 733 Turnpike Street North Andover, MA 01845 Re : Planning Board Meeting - March 16 , 1993 Dear Mr Laudani, The Planning Board met last Tuesday night to continue discussions of the Stevens Crossing proposed Definitive Subdivision/PRD plan. The Board voted to close the public hearing and to discuss a draft decision at their March 30 , 1993 meeting. The Board discussed the following as issues they would like to see as part of the decision: * preservation of the maximum number of trees possible on the site overall and especially at the entryway between the mansion and the barn. * landscaping along the border of the property between the Rockwell" s property, Larson ' s property, and high school, fields . applicant to work with land owners in choosing appropriate landscaping. * covenants on deeds for the barn and the mansion regarding the preservation of their historic character, preservation of the white fence/stone wall along Osgood Street . A draft decision will be available for discussion at the March 30 meeting . If you have any questions please do not hesitate to call me at 682-6483 ext . 24 . Sincerely, Kathleen Bradley Town Planner CC . Karen Nelson, Director PCD Planning Board File March 29, 1993 Rogers Park Realty Trust Stevens Crossing 733 Turnpike St. Suite 311 N. Andover, MA 01845 I f .. ., 1. • - ". Mrs . Kathleen Bradlee Town Planner Town of N. Andover 120 Main St. N. Andover, MA 01845 . STEMS CROSS WO DEFINXTIVE PLAN SPECIAL PEST Dear Kathleen, In preparation for the March 30, 1993 planning board meeting relative to the Stevens Crossing P.R. D. , I have attached the following documents for review and submittal as requested at the March 16, 1993 Public Hearing. I believe that this submittal addresses all outstanding issues to date: 1 . Restrictive Covenants (Master Declaration) of Stevens Crossing Subdivision. 2 . Preservation Restriction which specifically relates to the mansion (Lot 21) and Barn (Lot 20) . 3 . Construction Schedule for roadways and infrastructure. 4 . Street lighting detail . 5. Site plan as .revised to incorporate the following : A. Landscape Buffer Plan B. Planting Details C. Street Lighting Locations D. Signage H. Relocation of Lot 20 Driveway F. 51 Crushed Stone path between Lot 14 and 15 6 . Listing of Construction Materials. karen3, wri Additionally, it ha8 been roquosted that f submit a co"struchiLon phasing achedule an th rotates to the phasud devnlopmenl bylaw. Although Q is my intenkion to request �i variance from the X . B.A. to construct aJJ 19 homes whin Lho fhrmL year, I do understand LhaL WN PRD falls within the quidelLnen of Lhe zoning By-law o ` 50% of LuLaL units per year, as it relates to Phased Development . However, U lu not; my intenUon Lo submAL a phasing plan by specific M Since this was noL done Wr Mhor Phillips Common or Moadowood, and is not: a specific requiremnnL of the zoning By-law. Should you have any questions, please contact me. Regards' Thomas D. Laudani GIB-: K. Ne.1soii kaxon3. wr-I 03�2��-93 05. 18 H4 PRo1,4i 50 r41LK ST ; 000fl } STZVM CROSSING MASTER DECLA ATIOV OF STEVE00 CROSSING IN NORTH ANDMA, MASSACHUSETTS RE�ERVATT N k�E�TRIC TANS This Maater Declaration of Stevens Crossing made this day of 1993 by Franklin B. Davis, trustee of Rogers Park Realty Trust, u/d/t dated September 9, 1992, recorded with the B asex North Registry of 04040 as Instrument No. (herainaftar' referred to an D*oJara nt) , basing the re or-a owner of cortain. land 100ated in North Andover, Essex County, Massachusetts, hereinafter morn particularly described in Article I below. WHEREAS, Declarant intends to create a residential community can said land, tagothor with ether amenities therein, including without limitation, public and/or private ways for circulation, access to residences and utility sarviaoxi and WHEREAS, in furtherance thereof it is damired to establish common and mutual covenants, oohditionsa, reservations and restriGtiarig� NOW THEREVORE, Declarant hereby dsolares, provides and covenant$ an fol low$$ AXTICLE I SV OPERTY A certain parcel of land located in North Andover, Essex county, Massachusetts and shmm on a plan entitled "Special Permit and Definitive Plan, Stovonas Crossing, North Andover, .Mass. , owner and Developers Rogorm Park Realty Trust, 733 TUrn J 0 St.-Suite 209, North Andover, Mass. 01846, 1' prepared by Marr maok Engineering Servicass, Inc. 66 Park Street, Andovcar, MA 01810 And dated aaxnuary 30, 109� , which plan has been filed with Essex North Registry of Deeds on as Plan No, Instrument No. -(the any and a n mora pa�rt�"dularly described in-fx-hjbit A, attached haroto. AaIOzCLB 11 LAND CZ4001FXCATIONS PROPERTY D RESTRICTIONS Oeotion 2.01 Land_.(Zlassifj,Ry tons The land within Stevens Crossing is hereby divided into the following us$ claaffitiaationa l A. Resident Areas. . Referring to the lot designations set forth in Art ol.e I e-'reof, each of the lots numbered and daoasignated .asa Residence Lotac. ..l- 1011. 531 03-25-,-93 05: 18 PM FROM 50 MILK ST BOSTOTI Section 2602. Residence Areg„g i Pormi^tted uses and RestrictiQMs. tadh Residenoe Lot 0all be for the exclusive use and benefit of tho owner or owners thereof, sub�ecst, however, to all of the following .limi,taeationaae an4 restrictions: A. ReMi.dentiaal, Uaem. No building or rather st,xuotures of any kind as a l be erected, placed or allowed to stand on a Rmaei dent Lot except a single fatmily residential dwelling house permitted under applicable laawo together with accessory buildingas and structures normally aappurtonae.nt to such a dwelling situated in North Andover. All gaesarage$? if any, shall bd constructed as an integral part of the dwelling house. No garage shall be used for the storage of heavy oommaroial vehicles or construction equipment. No bugin000 activities of any nature ohal.l be continuously or regularly oonftoteed upon any Residence Lot, and no advertising signs shall bee displayed thereon, except that a lawyer, phyaseiaian, architect, dentist, r4aal estate broker, insurance agent, artist, or writer residing in a dwelling house thereon may maintain an office for his/her professional use subject to the provisions Qf the North Andover Zoning By-law, and may employ not more than one pormon and may display a small profe►esionftl nameplate on the Residence Lot. Nothing heroin shall be doomed to prevent the leasing of a Residences Lot from time to time by the owner thereof subin oct to the provisions ratthis this Declaration. Xothing contained this Maeasteer Declaration shall bee doomed to prevent the paaecl.aarant from (i) maintaining a model home, business office and/or construction field office on any of the Residence Lots; (ii). oonduating business activities upon any Rosidoncee Lots with such number of emplo see ass Declarant shall desirex (ii.i) xnaai.ntaini.ng or storms of commercial vehicles or ` onstructiola equipment i or (Yv) displaying such advertising signs as the P*olaraant may desire. B. Ani l.te. No poets, aantmalae a birds shall be kept or maintained an any Residence Teat being of such type or in ,such number as to be noisy or offensive, and no poets, animals or birds shall be allowed to pass tents or enter land within Stevens Crossing ether than the Rave 4eenoaa Lot of the owner thereof, unless such pet, animal or bird' is suitable l.aeaashaed, Gas ed or otherwise physically controlled and/or reeastraainoaadi prov�dad, however, notwithstanding the foragoing, no poultry house or yard, rabbit hutch, dog, rat or other typo of Xonnel, shall be erected or maittained on any Re sidonas Lot nor shall pigs or other barnyard animals be stabled or maintained thereon. 0. Tm rovements aznd o a�sti.ons o No buildings, fences or structures o any-kind, car a� ones thereto, or driveways shall by aaarocteed, phased or allowed to stand upon any Residences Lot until the aesizaf planes, sppe oiltantiona and locations thereof shall have boon approved in writing by De ol.ara At, or an architect sad deesignaatod to pe>srform such professional service by Declarant. Aeclaraant shaal.l have the sole and exclusive right to refuse to approve any plan, design spea iticaations or building maateri,aa.l.s W 2 03-29-93 W I S Phi FROM 50 MILK ST BOSTON PO4/1 l which Declarant deems not suitAble or desirable for the overall development Of 5tevsna CrO56tnq. No "iodm, sand, gravel, or other soil material, sxcspt that resulting from customary landscaping and construction permitted and approved hereunder, shall be removed from any Residence Lots The erection of any c.pkYrw 4► OJ". ..-6—*•w' w..v -M.--_1,A_..;— ,#— , --:1 1. t W.. � 1... R 0 1-A carried - fdrward to completion with reasonable diliganca�, speoifi.aally inoluding the 1&Adacaping thereof. p. Tem orar paou ano No trailer, mobile home, camper, tee orary a d, ng or structure of any kind, shall be used for a residenos, either temporarily or permanently. E. Trailers and Tents No trailer, mobile home, heavy oommeroi.al. ve cl.a,acons rue Ion equipment, camper, permanent tent or similar structure, shall be kept, placed or maintained upon any Residence Lot or on any vahi.cular acoess areas in such a manner as to be visible from nljghborinq propertyr provided 1AwwarW.LI %.�a%a r.,.wvIw.i....v. . wff —L4 &DVIV 4^ temporary -construction shelterx or facilities maintained during and used exclusively in caonneotion with the construction of any improvement approved by Ueol*rAnt, or its designee. P, Nuisances, No rubbish, debris, doted trees or heavy brush of ante d shall be p1aoed or p+ermitte4 to accumulate upon any Residence Lot which will oar'may render the same, or any portion thereof, unsanitary, unmightl.y, offensive or detrimental to any other Residenoe L,ot, and no activity shall be conducted or maintained which is or may be offensive or detrimental to any other Residencs Lot in the vicinity ther'sof, or .to its occupants. o. Repair of'DUiin(p,t, No buildings or structure upon any Residence ,Lot she a p+ tzjtted to fall into disropair, and such building and atrucature shall at all times be kept in good condition and repair and at9eVately painted or otherwise finished. H. Trash Containers and Collectors. Trash, rubbish and garbage she a Kept in covered conta nera which shall be, properly acreened Arid/oV enclosed so as not to be visible from neighboring proportion or roadways, exccdpt for such necessary periods when such oontainsrs ,Ars made available for collogti.on. t. communioation To " t es. outai.de' tcal.evision and/or radio antennas or aerials an sa ell.i.te dishes and other similar outside communication facilities ara prohibited, UT, clothes R i.nq Fat WOO. ,� . No outside clothes linam or other outs da i?aca3"iti'+ss for 4ry ng or miring ol.othes whioh are visible from neighboring property shall be erected or maintained on any Residsncs Lot. ^34. 03-25-93 05, 19 PM FROM 50 MILK ST BOSTON , P05/`11 K. No above, r� vun,g ram. Ing Rool. No abovm-ground swi=jng pooj--Shall be erected or maintained on any Residence Lot, L, Restrictions on F4Kthsr Subdivision, No Residence Lot shall be further sub v e M Signs= No signs *hai1 be erected or maintained on any Residence Lot, except; (1) Such sighs as may be required by lawf (2) A residentlal. idontification siren hawing a total face area not larger than seventy-two (72) square inches; (3) During the time of construction of any building or other improvement, one job ide►ntifioation sign not larger in area than three (3) square Vest; (4) A "ror Sale" or "ror Rent,# a►ign, of reasonable type, size and appearance, but only if attached to the building (Ovid not free standing or attached to any 'pole or tram) * Section 2. 33 ltae .d®nee Ar Construction of ip ravements and A te�'at ore. . A. A ligation for al. of lm rov'ements and A1,terdt�.on•, Any owner of a es dano a Lotproposing to make any m�provimaint which, under Section 2 , 02 hoxraof, requires the prior written approval. of Declarant, or its designee, shall apply for approval by delivering a written application desoribing the nature of the proposed improvement, together with such of the following documents and information as Are partinent, in such number of copies as the Dealaroht, or its designee may require. (1) A plot plan of. the affected property showing the location of existing and proposed improvements and altsrationsi (2) Floor Plana .an4 landscaping planet (3) Drawings showing all, elevations; (4) A description of exterior materials and colors, with color samples s and (3) The owner's pr*yaoad construction schedule. B. Basis for Approval of m rovements and Alterationg, The Declaraan , ox its des gne*, • a 1, after conslairatipn of the items set forth in the foregoipq Paragragh A and such other y4- 10, 1.531 U3-�',-93 US. IU HvI HOM 5U MILK 5T 80STQV, • PO /ll 1 1 matters as it deema neoessary, arrant the requested approval iP the Declarant, or its designees , detesrmines that: (1) The proposed JUV rovement or alteration conforms to the provisions of this Declaration and the reatri ctions hgmoin set forthl (3) The proposed i.an rovement or alteration is reaaronably compatible with the standards of Stavena •Crouairg :'and they purposes of this Declaration as to quality of workmanship and materials, aas. tea harmony of external design with existing struoturear and as to location with respect to vogstaati.on, typography, finished grade, and views from other buildings and building sites; and (3) The proposed improvement or alteration complies with all applIcsble laws, aapecifioetily including the zoning by-lowa and building codes requirements of the Town of Xarth. A:Odover. C. corm of Approval. All approvals given under the foregoing paragra h shal1 bo In writing; providead, howevar, that any such application for approval which has not been acted upon within thirty (30) daayo from the date of submission theroof to the Declarant, or its desiga7oop shall be deemed approved. The deed of a particular lot by Voclaarant shall be conclusive evidence that as of the date.. 0f such dead the approvals required hereunder have been granted Ao to the lot conveyed. In the event of such failure of Declarant to act upon such application within said thirty (30) day period, the owner owner of the Residence Lot which submitted said application may record at the North Essex Registry of Deeds an Affidavit, sworn to under the penalties of perjury, reciting saamee, and said affidavit shall upon recording be of tha same foray and of foot as a certif ioate of approval issues by Declarant. V. • Proceedin With Wo, . Upon receipt of approval from the Oeclarant or as de 1gnae, or upon the lapse of thirty (30) days without action 'ao providsd in- Psaragraaph G of this Section 2.04, than owner of the Residence Lot shall, an soon as practiceabls, commence and di,ligontly proceed with the proposed construction, refinishing, atltoraations and excavation in acoordrance with the owner's proposed construction schedule not forth in the documents accompanying his/her application for approval. 9. raailure to...00=100 . in the event that the conaetrv�ctic�n, reconstruct, on, 412r r+� ni.ahing, or alteration of any improvement is not completed within a reasonabl+e timer or having been completed does not comply with the approval therefor given, the Doolalrayant, or its designs, ' nay direct and order the owner to remedy: tho non-compli.ancs or a09move• the improvement, if the 10,l. 531 03-25 03 05: 1$ Phi FROM 00 14I LK ST BOSTOR PO ll l l owner dose,, not comply With tho order within the period set forth in the order, the owner shall reimburse the Declarant, or its dosignee, upon demand, for all rsaoonabl.e expenses and legal fees incurred in eonnsction ,with th* enforcement thereof. 2.04 .Association of ,g9agwners. A. After the Declarant has conveyed all. 21 Resid*nce Lots the then reoord owners of 16 or more of the 21 Romidance sots may form an association of homeowneers (the "Association") . The purpose of the Association 0411 be to assume any and all rights and obligationa of the Declarant under the Declaration, including without limitation, the right to approve or disapprove any request which requires the written approval of Declarant. H. The Association shall be in such form as voted by the record owners of 16 or more Rooideencee Lots, provided that the formation of the Association *haell be in writing, executed by the required record owners of Reesideenoee sots and notice thereof shall be recorded with the Essex North Registry of meads on which notice reference shall be made to the Declaration* C. All rights of approval. by Declarant pursuant to the Declaration shall expire as to the Declarant, but not as to the Association if ,and when orsated, upon the earlier of: (i) six (6) months following the sale of the last Residence Lot by Deeclarant 1 or (ii) th+s formation of the Association as provided herein. Xf after six (6) months ' i'ol,lowing the sale of the last Residence Lot by the Declarant no Association is lormed, as provided heroin, no approvals shall be necessary as to matters requiring tho written approval. of Dool.arant unless and until such time the Association is formed. D, Notwithstanding anything aontainod heroin or they Declaration to the contrary, so long ao Declarant owns any Resdontial Lots) , Declarant shall, have the sole and exclusive right and authority to approve or disapprove any request which requires written approval and oo Long as Doclarant owns any Residenoo Lot(s) no amendment affe►oting these rights shall be valid unless executed by Declarant. t. Nothing contained hor4in shall prevent the Deolarant from assigning its rights an Docl.arant to a third party which shall, suooeod to Deol.a►rants ri hto and obligations hereunder, A conveyance of one or more Residence Lots) to the assignee of Deczlarant's rights and obligations hereunder shall not be doomed to be a conveyance within the meaning of this Artiole or the Declaration. 03-25-93 05: 18 P14 FROM 50 1,11LK ST B.OST0N1 f70$/11 M aCELL I� PROVES-TONS Section 3.01 Amendmo_t gai .nation A. Amendment. txoapt as otherwise herein expressly provided, t 1 s Declaration may bo amended at any time by: 1. A vote adopted, or written consent to, the proposed amondment by the rocord -Owners of ld or more of the 21 l¢ts shown on the plans referenced in Article I above. Such amendment shall not ba of fsativ* .until. there has been filed and reoordod a oortificate signed by the Declarant, or its designs*, setting forth the amendment And the facets rslating to its adoption. Howeiver, no such amendment shall be adopted that substantiallx derogates from the original, intent and purpooes of t�i,s Dscl.aration or otherwise is to the detriment of the l estdence Lots or Ownera l or 2 . The Deol.arant, wbo may emend this Declaration for any purpose so long as Declarant is the record owner of not leaps than S of the 21 lots shown on the plans referenced in Article I above. B, Duration of Reestr • Subject to the provisions of Paragraph A of Section 3 . 01 s eve. the restrictions set forth in this Declaration shall oontinu• and remain in full forces And effect .in all events until. thirty (30) years from this date, and may thereafter be extended Arid continued in full force and effect for further periods of twenty (20) yearn each in the manner provided in X assaohusatto Gonoral. Laws Chapter 184, Section 27, as it may be amended from throe to time. Section 3002 Eriforoemen tin-Waiver. A► RJ ht Of .Enforooment. The restrictiono set forth in this Daecl,aration are f or +a snefit of all the land dosoribed herein and shall run with the- land. Except 40 otherwise providad harem, any owner of any Residence Lot, the Declarant, or its lawful designee, shall have the right to enforce any or all of the provisions of this Daalarstton, including without limitation, the . restrictions herein met forth. B. Violation of Law. Any violation of any appliamble local, state or fee A� 1aaw or government regulation pertaining to the ownership? Odoupation or use of any property within Stevens Crossing is- heraby dool.a4red to be a violation of this Declaration and of the rest'riotions herein met forth and subject to any or all of the entoresZont procedures oat forth in the Declaration. BECTIoN 3 .0. De],iyo o:r .11.010ga and Documents. Any written notice or othor document rotating to or required by this Dsol,aration rAAy be delivered either personally �?_ lo, l.. '531. UiL� y UJ: l0 "i 1lMil �U l+l LA at pV lVly cl'c/ 11 or by mail. If by maid., It ■kAll bee doomed to have been delivered forty-eight (48) hours after a popy of sans has been ds a mitead in the United Statoo Zai»l., certified or registered ma 11 postage prepaid, return roc oipt requested, Dealarant e s mailing address shell be 733 T�irnpikea Streeaetp suite 311, North Andover, Xassaohusetts 01845 or such address contained on a notices recorded with the Eseeeex North Registry of Deeds on which notice reference shall be MS40 to this Declaration. Section 3*04 construction Seeverabil.it : Singular and plural.. A. Provigions. 0evi Mka, Each of the provisions of this Deolaratio'n'sNaM be deemed Indopendent and seeVorabls a and the invalidity or partial invAlldity of any provision or portion thereof shall not affect the validity off' enforceability of any other provision. B. Singular xnalu s 1. unless the context requires a contrary construction, the s n4Vlar shall inoluda the plural and the plural and singular# 4nd the masculine, feminine or neuter shall inol.ude the masculinee, Faminine and neuter. C. Captions. All oaptions or titlem used in this Declaration a' a�ntendled solely for convenience or reference and shall not affect that which is set forth in any of the provisions hereof. D. Dofinitions. Wheanoveer the context so paxmita, all refereftona—fo the term "Rosideiene5o Lot" contained within this Declaration shall include ea0h Residenoa Unit situated on or within "Stevens Crossing. " RoGERS PARK MALTY TRUST Syr Fran 1 n S. Dav s, Trustee and not Individually COMMONWEALTH OF MASISACHUSETTS SUFFOLK, ss. w, 1993 Them personally appo*rad the abovo-named Franklin S. Davis and acknowledged the forogoin'g Instrument to be his tree act and dead as trustee of Rogers park Rsalty Trust, before me, aces on 'W. Ha r n, Notary Public Day commission expires: 5/21/96 1q, 1A31 0.3-25-93 05: 18 PM PROM 50 MILK ST, BOS'TOMH Pl0/l l 11 TBIT A STEVENS CROSSING WE NSTES AND BOUND$ NQATH AN ok a MASSAQk SETTS U-H-93 11 ; 53 AM FROM 50 MILK ST BOSTON F02/05 ERE 9ERV ESTR1CTl41; Agrsemont this day of , 1993, by and between 'a Nor x Ando'Ver, Massachusatta (here nafGr referred to an--,'Grantor") their suaoesaora and assigns, and Franklin 8. Davis, Trustee of Rogers Park Reialty Trust, u/d/t dated September 9, 1992 and recorded with Essen North Registry of Deeds as Instrument No. and in Hook , Page , their successors and one gns ("Grantee") . WHERVA$, Grantor is the owner in fee simple of a certain parcel of land with improvements thereon as .shown and described in Exhibit A attached hereto and made part hereof, located at , North Andover, Massacshuse s, and wh oh no u es a house, which hauee and parcel of land are hereafter referred to as the "Promisees" and WHEAEAS, Grantee is the Owner in foie simple of certain parcels. of land as shown on a plan of land entitled v'Special Permit and DefinItivee Plan, stovapa Crossing, North Andover, Mass. 01845. 11 prepared by Morrimack Engineering Services, Inc. 66 Park Street, Andover, Massachusetts, 01810 and dated January 30, 1993 , which plan has been filed with Essex North Registry of Deeds on as Plan No. , instrument No. ereinafter raferree a as "Grantee s Preaper' yjj} and WHDRDA$ it in the intention of grantor that this Preservation Restriction will, insure the preservation and maintenanoo of the Premises and its historical, architectural and scenic qualities as set forth horeain j and WHERLAB, Grantee wishes to encourage the preservation of such qualities for the benefit of Grantee and future owners of Grantee's Property which is Located near the promises; and MABAS, Grantor and Grantee beal.iove that the building located on the Promises is historically sIgnificaant and worthy of preservation and the open space surrounding it complements the historic structure on the promisa s t and WHEREASr Grantor wishes to impose certain restrictions, obligations and duties upon th* premises and on the suaoessors to their right, title and interost theareein, wri.th reepaot to maintenance, protection and preservation of the Premises in order to protect the historical., arohitectural and scenic qualities thereof, NOW, TRERDFOAB, for one 0611ar ($l,.oo) and good and valuable consideration, the receipt of which is acknowledged, Grantor given and conveyys to Grantee in perpetuity a Preservation Restriction in they Premises, subject to the following terms: wlw. 03-29-9:1) ,11 : 53 AM FROM 50 MILK ST BOSTON P03/05 1. Duration. Ths burdens of this reatriotion shall run with the Premises in parpetuity, and shall, be enforceable against the Grantor and the sucoeasors and assigns of the Grantor holding any interest in the Premises. This Presarvation Restri.cti.on shall be both in gross and for the benefit of and appurtenant to Grantee's Property, 2 . Prohibited Uses. The following uses of they Premises are, without prohibited., clubhouses, industrial and manufacturing uoss or structures, mobile homes, landfills, junkyarda, utilities and related structures on or above the ground, with the exception of a cable television connection and those utilitios oxi.sting at the time of recording hereof, commercial parking lots, auto greveyarda, otorage or disposal of hazardous wastes, garbage, alcove ground swimming pools, trash or other unsightly or offensive materials, and all, billboards or other commercial advertising displays and any other uses inconsistent with the stated purposes of this restri.oti.on whether or not said uses are permitted by any -law. 3 . Altarati.ons .aria AgAU10»a, The archi.tectural integrity and historTa value of ox a or of promises shall be preserved without modification except ate provided heroin. No alterationa shatl.l be made to the front and side facades of the house currently existing on the premises which would materially affect the appearance or the historical or architectural qualities of such facade provided, ho� w�, that the maintenance, repair and preaervati.on of such fa oadee may be made at any time. The term "farads" shall include, but not be limited to, doors, door frames and decoration, window sash and frames, and siding. The term "facade" shall not include any portion of the rear elevation of the house currently existing can the Premises, which may be expanded, renovated or otherwise modified without regard to this restriction. in addition, the term "facade" mh+al,l not include the foundation► Such facade shall not be considered to be "altered" by the following types of work; (a) painting or staining of the exterior in colors consistent with the historical character of the house, (b) necessary structural repairs, (c) insulation applied to the inside of the house, (d) installation of window and door screens and storm windows and doors, (e) interior renovation and altereetion to accommodate uses permitted hereunder or by law, (f) the pointing of the chimneys, (g) the replacement of wooden gutters with metal gutters, (h) the raplac ament of wooden clapboards with wooden clapboards, (i) removael, and replacement of than original shutters as long as said replacement is done with wooden shutters, and (J ) the replacement or reconstruction of any element by an item identical, in design and material; prov.ided,.. ._furthex, if it shall be impossible to replace or reconstruct any • *ment in an identical manner, then the replacement or reconstruotion in a substantially identical manner and material shall be doo mod adequate ari4 such replacement, reconstruction, or refurbishment shall be permitted when such action will not alter the appearance of such facade, W2 w 10,1,.:i 71 03-29 U 11 : 53. AM FROM 50 1,41LK ST BOSTON PO4/05 i" 4. Additional Struct Nothing Contained herein Shall be construe so as to pr�►vi�e conatruction, on the remainder of the Premises of a tonni.s court or an inground swimming pool; nor Shall anything contained herein be construed so as to prevent construction and/or expansion of any portion of the rear elSvation of the house currontl exrearsting on the premises, which may be expanded, renovated or o► herwjss modified without regard to this restriction. in addition, the white fence existing at the time of recording of this rastri©tion shall be maintained so long as it is featsibl* to do so and shall remain white. Any replacement fencing shall be Onsistesnt with the historical aharacter of the house. 3 • Maintenance, zrantar Shall keep and maintain the exterior or Premises, in moped, clean and safe condition and Shall maintain, reyair and ldmtnister the Premises to preserve the historic and architootural integrity of the features, materials, appearance and workManehip of the Prazises. d. Breach By Grantor. zn the avont of nonperformance of any duties` ham" Grantor,--their succOhnore, hears or assigns, under this Preservation Rextriotion, Oranteee may sue for money damages and/or sue to enjoin .a violation and/or require restoration of the Promises to the condition required by this Preservation Restriction. 7; -Yaliditv and Soverthillty, The invalidity of any Provision of this-agroetrn®nt 6hifl7nOt affact the validity and enforceability of any other provimion or this Preservation Restriction according to its torZo, a• orantorts Obli at Chanter's obligation hereundershelll only b n Mien redo owner of the Premison, N WITNESS wHERZOF, I have affixed my hand and seal this day of �.r 1993 . GWTEE: GRANTOR t Fran kYin S. Dew s, Trustes- of Rogers ,Park Realty Trust, and not individually 10,l.57,1 -3- u•j �y-�� ! ! : �J AM FROM 50 MILK ST BOSTOK P05/05 COMMOMALTH XASSACHUSZTTS too Then Personally +ap,PeaVO4 the above named ne rumen td be er fro* +dot and odead, before mewlOdqed the �going Notary ?Qblia My CQmmieeion Epirus: J j Page 1 of 2 gages Rabgr! 1113aG" Parker 6P*Q&$+r+T+In VNoe+torsoUND vriurlES (dOp) q�6-7C1p2 METCALF & PARKER, INC. EXCAVATORS Uplrr�bnr', 2Sti RIVER ROAD, AN00VFR, MA 01010 March 19 , 1993 Rogers Park Realty 'gust 733 Turnpike Street Suite 311 North Andover, Ma. 01845 SUBJECT; CONSTRUCTION SCHEDULES STEVENS CROSSING SUBDIVISION AT OSGOOD STREET NORTH ANDOVER, MA. To Whom it may ConcG n. The following is an approximation and may vary due to circumstances or events beyond our control, such as weather, site or sail oonditions etc. APPROXIMATE LOCATION AND DESCRIPTION APPROXIMATE START DATE or WORKCOMPLETION pATE 6-1 -93 a SQUARE, Install, erosion controls, strip top and sub soil. G-5-93 6-7-93 Subgrade roadway. Install sewer system. 6-12-93 6-14-93 Install water and drain systems. 6-19-93 6-21 -93 Install gravel in travelway. Install binder course bituminous cQncrate paving in travel.way road. 6-26-93 6-28--93 Loam and hydroseod disturbed area. 6-30-93 6-28-93 STEVENS CROSSING. Install erosion controlm. Cut, clear and grub treea and stumps . 7-3-93 7-5-93 Strip top and subsoil.i Install detention pond. Second creel start off site sewer' ins Osgood Street . 7-10-93 j Page 2 of: r pages METCALF & PARKER, INC. EXCAVATORS march 19, 1993 Rogers Park Realty Trust SUBJECT: CONSTRUCTION SCHEDULES CONTINULD APPROXIMATE LOCATION AND DESCRIPTION APPROXIMATE START DATE OF WORK COMPLETION DATE 7-12-93 Subgradea roadway, off site sewer ongoing. 7-17-93 7-19-93 Start installation of sewer system on site, Off site sewer ongoing. 7--26-93 Completion of sewer system on site, start drain system. Off site sewer ongoing. 7-31 -93 8-2-93 Complete drain system. off site sewer ongoing, 8-7-93 8-9-93 8t.art water system. Complete Off site mower. 8-14 93 8-1 6-93 Complete water- system. Start gravel installation in travel way of road. 8W-20-93 8-23--93 Complete gravel in travelway .. Install. binder course bituminoup concrete paving. B-20-93 8-23-93 Loam and hydroseed disturbed areas. 8-28-93 Respectfully aubmittedt Bober - I.�rk President Metcalf & Parker Ino. CROWN VENT ASSENBLY WITH REF OVABLE TOP.FA.SRICATED FIROP 20 02.CO'HHEACIiLL Hmf1£D TOP WITH HENA GRADE COPPER. -CONTAINS I44TfV:LAL Tb€LST;pC1C RECEPTACLE s 0ALL_AST-S+KKE;TASSEMBLY. AND PHOTOCONTRCL. L3 ' SOLID COPPE1y ZIPPER SECJED INTERNS SPECULxR ALU 4--WAY FIEFLECTOSR_ FA,9$UC t K Y--�I:fR€S40PTIOKSl-AKTJQUF LOPFER. 145}g, Fa OH i402. C€11�InIEAC1AL �•1 -SATtK Efl..iiC71. COpT'ER. Li }-^-•-LIDWER AND SIGt1 SECTION PAKELS ALTERtiRTE C0?I*stAuci l �� 1?}25'CLEkit QC7LYCRFHGNRTE. COPPER CAGE WITIi WHITE�pLYCA'A8ORA,7E RARMS. i C;t- --LAMP OFTIOW5 WITH INTEGRAL 84-ILAST2 pin" PRESSURE SODIUM-ISO WATT IHAX. 2aG2 C#iY1ERCIAI GRADE -HEIAL HXYIPE- 475 Alrlr Hk.Y€IG �r ISYg CC�PFER. T'ItRflUGHpU6µT LA » 1 U I---ALL J0114ITS FULLSOLVER£D WITH riN 50Z LEAD IWLRY. S'Dw L M is,tri IC. Sir pfmm PRISiihTIC GLAS-S P;EFTEi �DR._I - ■ M,, USE WlTt+fj -LAHIPe WHEN I '4 Li+[.ATEv IK E0,4ER SECTION. Y FROSTED CLASS CHIMNEY WIT14 14ECsJ44 BASE PORCWitif SOCKET TVA INCAIVDESL.ENT LAMP. USED W"% I+10 LA10 kS LOCATED IN 70p SECTri3m. . � REvtSE'? 4-6'E� LH1HfiIKY DIHEHS104t3 {Hti11GrD LANTERN C iADLE F&EIRKATE9 T FRD"F WOO ROUxD STEEL HOT ROLLED RCIEE�}(j'TMC M I'WILE "'T ROLLED eAR 5TEEL* JLKO W DID x oj,�x+#tone _ L r50$F7TT,R SLF_ENS�_ f. s#r .w...hwsa sMw ell) `{ EA7060- %S-TUR-4o' SERIES LANTERNS_ EX€x�s�4s«=_s�, SOL17D COPPER- - C�—] 44REt03,izODEGApjkRt, TANsILESS STEEL. • f �. Y4 �� HKR.� r�-xr IDD NGT SCALE Alp "A C Coristruc.-tion Materials Siding: 1/2" x 6" Wood C.'hapboard Brick ., Glen-Gary (ElmhuriQ (whero applicable) Wi 11<1 ows- Wood Double Hung 6 over -1 Garage DoorB: FLush Rough Sawn MasoniN, CI I lmo ny Brick (ElmhursQ Roofing : 25 year arc hiLectura-1 Mor: Khathered Wbod Pai"Ung : Mm DecoraLors Selection of 6 to 8 Solid S Lain s Window BIM8 : Wood More applicable) LighLing: AnLique Brass, Newburyport FiMur(-_� Lamp Posts: Wood 6" x 6'' Pavement : Mphalt or Cement karenTwri 4 J j Planned Residential Development (PRD) Worksheet Name: Q„1/�Kl� iYl� Applicant: -TCM CoQ60n t Engineer: Me%Y► 1(` YMCA, r,%*%oeev4 Location: (D Tsk Description of Project: new Permit Sought: Date of Submittal : 2, It® 021 Date of Public Hearing: 31a1Q3 Decision Due (90 days following the public hearing) : ---------------------------------------------------------------- Applicability A. Zoning (PRD allowed in R-1, R-2 , R-3) : [�• Z B. Acres (10 acre minimum) : C. Use: SIn^10 ,VQr1R% D. Dimensions: a. Minimum Lot Size (R-1 amd R-2 21, 780 s. f. ; R-3 12 , 500 s. f. ) ) : Apkmk4& Lot Frontage (1001 ) : All yard setbacks. (20 $/ zero side yard setback where adjacent house has required setback) : d. Height Limitations (30 ' and two stories) : e. Buffer Zone (501 from parcel boundary to any structure located within the PRD to remain open) kl E. Parking(two spaces per dwelling unit) : ! s V F. Open Space (35% ' of the total parcel area/ no more than 25% of this wetland) : G. Calculation of Allowable Residential Density: a. Submit preliminary, subdivision plan —j b. Wetlands on site verified by COnservsation commissioner H. Density Bonus: a. Affordable Housing b. Open Space Information Re uired: a. Development Statement: %/I. List of Abbutters %/2 . Number of Units 3 . Floor Area 4 . Ground Coverage V 5. Open Space Summary/ % open space 6. Development Schedule 7 . Copies of proposed recorded instruments 8 . Development Plans a. Subdivisions b. Site Plans CA W 61-ItecS PRDWORKSHEET FORM L REFERRAL .FORM reliminary Plan Definitive S4bdivision Special Permit Site Plan Review North Andover, Massachusetts rn Ych 2 i Director, Public Works Sup't/Highway, Utilities & Operations Director of Engineering & Administration Supervisor of Forestry & Ground Fire Chief Conservation Commission Inspector of Buildings Board of Health Police Chief Planning Board A Public Hearing has been scheduled for p.m. on VrC "-Z `Q.CLS to discuss these plans. (Preliminary plans do not need public hearing.) May we have your comments and recommendations concerning these plans no later than Thank you, Clerk, Planning Office a�NOnTN,ry KAREN H.P. NELSON ?' TOwn O� 120 Main Street, 01845 Director (508) 682-6483 NORTH ANDOVER BUILDING seRCHu$�t< CONSERVATION DIVISION OF LTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum TO : Bob Nicetta, Building Inspector FROM : Richard Doucette, conservation Administrator DATE : April 15, 1993 RE : Stevens Crossing PRD I would like to offer the following input on the Stevens Crossing variances before the ZBA as requested. The Conservation Commission and I are in favor of the PRD concept as opposed to the multiple Form A lots. This property is well suited to the PRD concept for the following reasons: 1. The PRD plan will preserve the largest areas of open space which will benefit not only the local residents, but also the general public. 2 . The houses will be clustered into a smaller area and, to a certain extent, hidden from view. This will preserve the pastoral landscape surrounding the historic home. 3 . The open space will act as a permanent buffer zone around the wetlands on site. 4 . The Form A plan will result in a number of individual driveways and create a greater potential traffic hazard on Osgood St. The PRD will concentrate traffic into 2 small roadways and will therefore be safer than the Form A plan. 5. The Form A plan will be developed with no stormwater management system, as is required as part of the PRD (or any subdivision) . The PRD will therefore provide greater pollution attenuation and flood control than the Form A Plan. I hope these comments are of value to the ZBA in their deliberations. CC : Karen HP Nelson Kathleen Bradley Steve Stapinski i FORM o CONTROL FORM FOR PROCESSING SUBDIVISION PLAN AND CONSTRUCTION SUBDIVISION PLAN ENTITLED : aftAm4 LAND LOCATED : a ma By : �1 APPLICANT : ADDRESS : A"A61W . PHONE : Date of Preliminary Plan Date of Preliminary Plan Submission Preliminary Plan Approval Date Date of Definitive Plan ! Ito �q Submission pates Check : Rec ' d V Form Rec ' d Plans Rec ' d Date of Definitive Plan Submissiont+card of Health Date Received Board of Health Report Date of Plan Submission to Other Boards and Agencies : Board Date Date Received Reports from Other Boards and Agencies : Board .\n1 ( Page I of 2 ) Approval Deadl i ne Date : Hearing Date < ( H ) Date of Letters to Abutters : ( H- 14 ) - Date of Newspaper Notices ( 2 ) ( H -14 days for first notice ) Approval or Disapproval Date : (A) Appeal Deadline Date ( A+20 days ) Date of Performance Guarantee Agreement Description of Performance Guarantee Gate Record Plans Endorsed Date Plans and Performance Guarantee Recorded Book No . Page No . Date of Amendments or Extensions to Original Performance Guarantee Description of Amended Performance Guarantee Date of Amendment Modification or Rescission of Approval Other Releases Description of Lot Numbers bate of Lot Release Performance Guarantee Date of Final Release/ Certificate of Completion ( Pane 2 of 2 ) F 4s. LAW OFFICES OF REGINALD L. MARDEN, P.C. 23 CENTRAL STREET ANDOVER, MASSACHUSETTS 01610 REGINALD L. MARDEN (MASS. N.H. & ME,] TEL: (508) 470.0477 GEORGE A. RAND FAX (5OO) 475.4644 DAVID J. BEGLEY VINCENT W. YOLIMATZ (MASS. & N.H.) - May 3 , 1993 Mr. Daniel Long, Town Clerk �� s North Andover Town Hall 120 Main Street 7 North Andover, 14..E 01845 U1 Re : Rockwell, et al , v. Nardella, et al . C .A. No. Dear Mr. Long, With respect tc the above captioned matter and pursuant to M.G .L. Chapter 41, Section 81.BB, and the provisions of the Subdivision Control Law, enclosed please find a copy of the appeal of William Rockwell, et al . -to the granting of conditional definitive subdivision approval to Rogers Park Realty Trust dated April 12 , 1993 . This Complaint has been filed in the Essex County Superior Court . Very trul .�' Reg`in Marden -T- Enclosure (`J RLM/js i csa ` c!� Commonwealth of Massachusetts Essex, ss . Essex Superior Court Civil Action No . George W. Ousler, Jr. , William Rockwell, and Arthur J. Gon a Plaintiffs ' COMPLAINT V . John Draper, Joseph Mahoney, George Perna, Richard Rowen, and John Simons , As They Are Members of The Planning Board For The Town of North Andover Defendants 1 . Plaintiff George W. Ousler, ' Jr . , M. D . , is an adult individual residing at 623 Osgood Street, North Andover, Massachusetts , and is the owner of said property. 2 . Plaintiff William Rockwell , is an adult individual residing at 676 Osgood Street, North Andover, Massachusetts , and is the owner of said property. 3 . Plaintiff Arthur J . Gonya, is an adult individual residing at 665 Osgood Street, North Andover, Massachusetts , and is the owner of said property. 3 . Defendant John Draper is a member of the Town of North Andover Planning Board and resides at 230 Johnson Street, North Andover, Massachusetts . 4 . Defendant Joseph Mahoney, is a member of the Town of North Andover Planning Board and resides at 24 Mill Pond Road, North Andover, Massachusetts . 5 . Defendant Richard Nardella, is a Chairman of the Town of North Andover Planning Board and resides at 63 Haymeadow Road, North Andover, Massachusetts . 6 . Defendant George Perna, is a member of the Town of North Andover Planning Board and resides at. 280 Farnum Street, North Andover, Massachusetts . 7 . Defendant Richard Rowen, is a member of the Town of North Andover Planning Board and resides at 102 Bear Hill Road, North Andover, Massachusetts . 8 . Defendant John Simons , is a member of the Town of North Andover Planning Board and resides at 25 Ironwood Road, North Andover, Massachusetts . COUNT I 9 . On April 12 , 1993 , the Defendants , (hereinafter collectively "The Board" ) , in their capacity as Special Permit Granting Authority, filed a Notice of Decision with the North Andover Town Clerk, in which the Board granted Conditional Approval of a Special Permit Application filed by Rogers park Realty Trust/ c/o Thomas Laudani, (hereinafter "Rogers Park" ) , pursuant to Section 8 . 5 , Paragraph 2 of North Andover Zoning Bylaw Law. (See Certified Copy of the Decision attached hereto as Exhibit A) . 10 . The application sought, and the Board voted to grant, conditional approval of a Planned Residential Development consisting of nineteen ( 19 ) single-family dwelling units on a parcel of land located on the west side of Osgood Street in North Andover, and in a residential-2 (R-2 ) Zoning District. 11 . The dimensional requirements of the Zoning Bylaw of the Town of North Andover provided for a requirement of one ( 1 ) acre zoning for a single-family house lot . 12 . The dimensional requirements of the Bylaw provisions relating to PRD` s provide for a minimum lot size of 21 , 780 square feet in a PRD subdivision, and provide for buffer zones from the parcel boundaries to the structure on the lot . S 13 . The application and plan filed by Rogers Park, and conditionally approved by the Board, does not meet the dimensional requirements of the Bylaw. 14 . The Special permit, as conditionally allowed by the Board, is for a use which is not in harmony with the general purpose and intent of the Bylaw. 15 . The Special Permit, as conditionally approved by the Board would have a detrimental affect on the Plaintiffs ' properties and on the neighborhood in which the project is located in that the project does not promote the public health, safety and general welfare of the citizens of the Town of North Andover . 16 . The Plaintiffs are abutters and/or interested parties effect by the subject site and are aggrieved by the decision of the Board . 17 . The decision excess the authority of the Board and is illegal . WHEREFORE, Plaintiffs demand that the decision of the Board be annulled and for such other relief as the Court deems just and fair. COUNT II 3 18 . On April 12 , 1993 , the Defendants , filed a Notice of Decision with the North Andover Town Clerk, in which the Board granted Conditional Approval of a Subdivision Plan of Land entitled "Special Permit and Definitive Plan, Stevens Crossing, North Andover, Ma . , January 30 , 1993" , filed by Rogers Park Realty Trust/ c/o Thomas Laudani , (hereinafter "Rogers Park" ) ' pursuant to Section 8 . 5 , Paragraph 2 of North Andover Zoning Bylaw Law. (See Certified Copy of the Decision attached hereto as Exhibit A) . 19 . The application sought, and the Board voted to grant, conditional approval of a Planned Residential Development consisting of nineteen ( 19 ) single-family dwelling units on a parcel of land located on the west side of Osgood Street in North Andover, and in a residential-2 (R-2 ) Zoning District . 20 . The dimensional requirements of the Zoning Bylaw of the Town of North Andover provided for a requirement of one ( 1 ) acre zoning for a single-family house lot . 21 . The dimensional requirements of the Bylaw provisions relating to PRD' s provide for a minimuih lot size of 21 , 780 square feet in a PRD subdivision, and provide for buffer zones from the parcel boundaries to the structure on the lot . ' 22 . The Application and Plan filed by Rogers Park, and conditionally approved by the Board, does not meet the dimensional requirements of the Bylaw and does not meet the Subdivision rules and requirements of the Town of North Andover, or the statutory requirements of the Subdivision Control Law. 23 . The Plan, as conditionally allowed by the Board, is for a use which is not in harmony with the general purpose and intent of the Bylaw. 24 . The Plan, as conditionally approved by the Board would have a detrimental affect on the Plaintiffs ' properties and on the neighborhood in which the project is located in that the project does not promote the public health, safety and general welfare of the citizens of the Town of North Andover . 25 . The Plaintiffs are abutters and/or interested parties effect by the subject site and are aggrieved by the decision of the Board. 26 . The decision excess the authority of the Board and is illegal . WHEREFORE, Plaintiffs demand that the decision of the Board be annulled dnd for such other relief as the Court deems just and fair. Respectfully submitted, Plaintiffs By Their Attorney, final . Marden B.B.O. No. 319580 Law Offices of Reginald L. Marden, P .C . 23 Central Street Andover 14A 01810 ( 508 ) 470-0477 J :CPLT-ROCK TOWN OF NORTH AN D O VER MASSACHUSFTTS �` '93 4 HaH7k hIt:R O p Any appeal shall be filed • : � ; , ATTEST: within (20) days after the ^'y A True COPY -TA US" date of filing of this Notice - In the Office of the Town Clerk. NOTICE OF DECISION Town Clerk This is to certify that twenty(20)days have elapsed from date of decision filed Date April.12 t .1993 without filing of an appeal. 3 . • • • • • . • . . . . . . . . . • . Data 993 Danlellon Date of Hearing April 6.,. . . . . . . . . Town Clark Rogers Park Realty Trust Petitionof . . • • • . . • . . . . . . . . . treet Premises affected . . . . Osgood. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition fora special permit from the requirements of the .rggrtiZ Ar}c3o�er� Zoning, Bylaw. .Section •8.•5,. •Paragraph. 2r� Planned Residential � � � . . . . .Development so as to permit A 1 construction of 19 s inj1 .' amilX . . . • . . . , . . . . . . . . . . . • . . . . . . . . . • . . . . . . . • . . . . . . • . . . . . . . . . . . . . • . . . • • . . . • • . ♦ . . • . . . . . . • . . • • . • • . . . . • . . . • . • . . . . . . • . • . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to AFPK)VU. . . . . . . . .the . .VAc.IA;-. PPR11T. . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions cc; Director of Public works Building Inspector Signed Conservation Administrator Health Administrator Richard Narclella f. Chairman Police 'Chief " " ' " " " Fire Chief John Simons.,, Vice• Chairman. . . . . . Assessors . . . . . . . " F Applicant Josep. ji Mahoney: Clerk Engineer • . . • . . . .. . . 'File Richard Rowen Interested Parties . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • . . . . . . . . .�ln>>nir1�' � l3oal•c1 ' . . . . . . . r ��r t1FY,q ill 120 Main Street. 018�40 ' NCI soy or TOWri O (508) 682.6483 _ NORTH AND OVER G • H�sc4y 17WISION OF �gVAT 1O` 1-9 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 suite 29Thomas Laudani , 733 Turnpike Streetrection 80 5�, Paag aphNorthv2rofMthe requesting a special permit under S 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 i Nk age 2 • Sevens Crossing 3 . Public comments a. constructive comments J Stephen Stapi.nski, 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.. 4 5 0 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. F� page 4 : gtevens Crossing ' ". Mr. Perna asked if there would be sidewalks. Mr. Woodman F , 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 design. Mr. Perna wanted to see lane ses will be built as shown. Mr. Woodma le to have more than one house option. range. Mr. Thomas Laudani, develope 1 . $275 , 00i 2 . $255 , q0i 3 . 2 , 300 ..Style homes. Color Certain lots y selection is limit � he was voluntarily reducing lots sizE ` here is no increase in density. Expl C tore amenities from PR©. Consistency ment. Mr. Laudani read a "comparati s 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. 1 s* page 5: w _ Stevens Crossing Nancy Melia, Osgood Street, asked who would own the open Y / 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 Chary 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. ` page 6: Stevens Crossing }: seconded by Mr. Mahoney► the On a motion by Mr. Nardella► public hearing and schedule ` Board voted unanimously to continue the a site visit. Mr. Laudani stated that he needed t 1d endorsement rsement ifthatvethe rs for the PRD for the ZBA. Mr. Sim Board was not finished with delib�oasubsequ and approvalns may by the change. An endorsement is subject Planning Board. The site visit will be scheduled for Saturday, March 6 , 1993 at 8 : 00 a.m. On March 16, 1993 the Planning Bordheld a regular John meeting, The following members were present, George 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.tlI Mr Draper spoke about landscaping along the Rockwell property 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 owhaap enwtthe Mr. Perna explained the lot ne uld Hartrich Property. 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 heRANR l a-lbenatlbe fi led cuntil this occupsrcel exchanges hands. T Random plantings will be placed along Lot 17 and the Rockwell ' s property, varying in types, 8 feet in height. i Pe` e 7 Crossing evens Mr. Draper asked if the current driveways at the mansion and Hartrich House can be preserved. Mr. Laudani stated that the the will be preserved with white way fencing, and only one entry y entryway cut. Stone entryway with slate sign. 3 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 res stou look of at the entire area. He stated that 14 houses on place, doesn 't fit, spoils the entire area. The Kettenbach lots have 27 acres and the Board only allowed befa houses. the Baard Simons 3 stated that Mr. Kettenbach had only come 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 Torn 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. TfL R A 'a page 8 : Stevens Crossing =1�r Staff to review and oversee plantings to create a barrier ool and Rockwell ' s property. There along the High Sch will be r 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 esent,Board Richaada Nardella,meting. Joseph The following members weP 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. .•u�fs~.lv�ly�) I Page 9 . 'tea' Stevens Crossing Decisions to be reviewed by Planning Board members, specifically, Mr. Nardell.a and Mr. Rowen, prior to filing. Attached are those conditions. I 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 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 i 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 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 : i 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 2 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 . 1 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 ytl submitted for endorsement . The applicant must work with the land owners in creating the landscape plan for C 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 Tots 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 must be followed. S . Prior to the final release of security, the conditions outlined in the Stevens Crossing Definitive Subdivision Conditional Approval must be followed. 6 . The transfer of the Open Space, parcel X as shown on plans entitled "Special Permit and Definitive Plan, Stevens 3 ti # 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 . K 7 . The applicant shall adhere to the following requirements of the Fire Department : a , All striuctures 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 4 M _ �I b . Architectural Plans for proposed homes at Stevens Crossing showing "The Andover" , "The Bradford" , "The Cambridge" , and "The Dover" floor plans . z 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: D. Crossing Ain North y or Stevens 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 5 r' MEMORANDUM IN OPPOSITION TO PETITION FOR VARIANCE OF ROGERS PARK REALTY TRUST William Rockwell of 676 Osgood Street, and George W. Ouster, Jr . , M. D . , of 623 Osgood Street, abutters to the subject land and/or interested parties in the instant proceedings , hereby file this memorandum in support of their opposition to the request for a variance of Rogers Park Realty Trust . The project as proposed by the Petitioner is antithetical to the intent and purpose of the Zoning By-Law and would have a severe negative impact on the neighborhood . It is the position of Mr . Rockwell and Dr . Ousler that the petition for variance must be denied as the Petitioner cannot meet the requirements of M.G.L. Chapter 40A, Section 10 and Section 10 . 4 of the North Andover Zoning By-Law. The Petitioner seeks a variance from the requirements of the By-Law in order to develop a Planned Residential Development (PRD) consisting of twenty ( 20 ) lots . Only three ( 3 ) of the lots as proposed meet the minimum lot size of 21 , 780 square feet, thereby necessitating the Petitioner' s request for variance for seventeen ( 17 ) lots . Further, the Petitioner seeks a variance from the Buffer Zone requirement of a PRD in that the Petitioner cannot develop the roadways as proposed and still meet the requirements of the By-Law. The petitioner then seeks to "Piggy-back" these variances onto its application for a PRD Special. Permit which is pending before the Planning Board . Mr. Rockwell and Dr. Ouster strenuously object to the project as proposed by the Petitioner. The opposition is principally based upon the following: 1 . The alleged hardship is not as a result of the soil conditions , shape or topography of the land . 2 . There is no legal hardship . 3 . Relief cannot be granted without substantial detriment to the public good and without nullifying and substantially derogating from the intent or purpose of the By-Law . Lastly, when the Board looks to the essence of the Petitioner' s proposal, it will see that the Petitioner is essentially asking that the Zoning By-Law be thrown out of the window in order to allow 20 lots each barely avrer one quarter ( 1/4 ) acre in size, in a district which otherwise requires one ( 1 ) acre building lots . 1 , THE ALLEGED HARDSHIP IS NOT AS A RESULT OF THE SOIL CONDITIONSt SHAPE OR TOPOGRAPHY OF THE LAND . First and foremost, the Petitioner bears a heavy burden of proof , as "no person has a legal right to a variance and they are to be granted sparingly. " Guira ussian v. Board of Appeals of Watertown, 21. Mass .App.Ct . 111 , 485 NE2d 686 , 691 ( 1983 ) . Further, the Petitioner must show that the alleged hardship arises from either the soil conditions , shape or topography of the land and that one of those factors prohibits development of the land consistent with the By-Law. Guiragussian, 485 NE2d at 691 . In the instant case, none of the three factors enumerated in the statute prohibit development of the parcel . The soil conditions and topography of the parcel are unremarkable and not unlike those located in the zoning district in general . The shape of the lot does not pose any problem regarding development . None of the statutory factors would prohibit development of the parcel for single family house lots in conformity with the By--Law. The only "circumstance" involved here is the Petitioner' s desire to have more lots than the By--Law allows . The law does not permit a variance under circumstances such as these , 2 , THERE IS NO LEGAL HARDSHIP . The Petitioner' s request for variance must also fail because no legal hardship is present . A substantial hardship for purposes of granting a variance only exists where a landowner cannot reasonably make use of his property for the purposes and in the manner allowed by the By-Law. Guiraaussian, 485 NE2d at 690 . It is axiomatic that the predominant use in an R-2 District is single family residence, and it is clear that the Petitioner could use the subject property for that purpose and in that manner . Financial hardship alone is not enough to qualify for a variance, "nor will the deprivation of a potential economic advantage to a landowner qualify as a substantial hardship" . Kirkwood v. Board of Appeals of Rockport, 17 • I Mass .App. Ct . 423 , 458 NE2d 1213 , 1219 ( 1984 ) . "The fact that a governmental regulation may deprive an owner of the most beneficial use of his property does not create a hardship if a single family residence, conforming to the requirements of the regulation, can be constructed on the property. " Kirkwood, 458 NE2d at 1219 . on the facts before the Board, therefore, no statutory hardship has been demonstrated and the variance must be denied . 3 . RELIEF CANNOT BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND WITHOUT NULLIFYING P.ND SUBSTANTIALLY DEROGATING FROM THE INTENT OR PURPOSE OF THE BY-LAW. Even if the Petitioner could meet the requirements of a statutory hardship, which it cannot, the variance should be denied because of the third and fourth requirements of M.G.L. Chapter 40A, Section 10 . The statutory requirements for a variance are conjunctive, and therefore all. four ( 4 ) must be met in order to grant a variance . Guira ussian , 485 NE2d at 686 . It cannot be said that the public good is not undermined when such a large number of undersized lots are proposed for an otherwise rural and quiet neighborhood . Increased traffic, congestion and noise would certainly result, and the existing neighborhood would be severely and adversely impacted . The public good, that notion that similarly situated people will be treated similarly, and that rules , laws and regulations are meant to protect the rights of people and their property, would be severely harmed by granting the Petitioner' s variance request . It would also substantially derogate from the intent of the By-Law. That intent is that lots in an R--2 zone are required to be one ( 1 ) acre, and that if a PRD is to be utilized, its requirements must be strictly adhered to . Any variance derogates from the intent of the By--Law, but the test is whether the variance substantially derogates from the intent of the By-Law. it is respectfully submitted that attempting to "piggy-back" a variance onto a Special Permit which seeks approval for, among other things , seventeen ( 17 ) undersized house lots , is a per sue: substantial derogation from the intent of the By-Law. CONCLUSION For the reasons set forth above, it is respectfully requested that the Board deny the Petitioner' s request for a variance . Zei/hald L. Ma den, Attorney for William R ckwell and George W. Ousler, Jr. , M.D. J:memo-roc