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Home My WebLink About1993-12-07 Legal Notice DEF SUB -w� It',RI N HY,NELSON 3�' TOWS] of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING �. ,::.,- t CONSERVATION canes DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT December 20, 1993 Mr. James Grifoni White Birch Construction Inc. 380 Essex Street Lawrence, MA 01841 Dear Mr. Grifoni: Enclosed please find a copy of the legal notice that was published in the North Andover Citizen on August 25 and September 1, 1993 . Copies have been sent to those listed on your List of Abutters as well as all the abutting towns as stated in the North Andover Zoning Bylaw, Section 10. 31. 7 and Section 10.52 , Para. 2 . Kindly submit the following for postage: Postage for Legal Notices $ 6. 35 Postage for Notice of Decisions 7 . 27 Total: $13 . 62 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Building, 120 Main Street, North Andover, MA 01845 . Thank you for your prompt attention in this matter. Sincerely, anet L. Eaton, Administrative Secretary enc. LEGALNO' CE August 28,1993 Notice is hereby givon that the North'Andover Planning Board will hold a public,hearing,on Tuesday evening,September 21,1993 at B:Oa.p.m. in the Senior Center behind the Town Bldortrg with all panlos Interested In the application te Btrch Consimctlon requesting approval of a dellnl- Uve subdivis€on pursuant to the provisions 131 M.Q.L. Chapter 41.Sedlon SIT,undar the requirements of the Subdivision Control Law and the Rules and Regulations Qovernkig the Subdivision of land of the Planning Board In the-Town of North Andover., The following described parcel of land hounded as follows and containing 12 acres,more or Ross,sub- divided into 6 lots,knowmas Christmas Tree Bound:Westerly by South Bradford Street Northerly, Easlerly and Southerly-by'rs'se Counly Greenbelt plans available in the Planning'$oatd Office.8:30 Pkr Order of tha Chairman Richard A.Nardolla NAG:8/26&91119.3 { k l KAREN H.P.NELSON � ° �� Town of 120 Main Street, 01845 Dtreefat t °� NORTH ANDOVER (508) 682 6483 l -BUILDING cNuec`4�a CONSERVATION nfv�s�oN ae HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Legal Notice August 20, 1993 Notice is hereby given that the North Andover Planning Board will hold a public hearing on Tuesday evening, September 21, 1993 , at 8 : Oo p.m-. in the Senior Center behind the Town Building, will all parties interested in the application of White Birch Construction, requesting approval of a definitive subdivision pursuant to the provisions of M.G.L. Chapter 41, Section 81T, under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of North Andover. The following described parcel of land bounded as follows and containing 12 acres, more or less, subdivided into 5 lots, known as Christmas Tree Estates: Bound: Westerly by South Bradford Street Northerly, Easterly and. Southerly by Essex County Greenbelt Plans available in the Planning Board Office 8: 30 a.m. - 4 : 30 p.m. Per Order of the Chairman, Richard A. Nardella Publish: North Andover Citizen August 25, and September 1, 1993 ..� Y LEGAL N0710E LEGAC'NO`t1C>E s,. August 20,1993 AV August 20,:1 i3 Notice is hereby given that the North Andover Planning Board will hold a public hearing on Notice Is hereby given that the North Andover Tuesday evening, September 21, 1993 at 8:00 P.M. Planning Board'will hold a public hearing on in the Senior Center behind the Town Building, with Tuesday evening,September 21, 1993 at 8:00 P.M. all parties Interested in the application of White in the Senior Center behind the Town Building,with Birch Constrixtion requesting approval of a defini- all parties interested In the application of White five subdivision pursuant to the provisions of M.G.L. Birch Constr x*97,Inc.,requesting a special permit Chapter 41, Section 81 T, under the requirements of under Section 8.5, Paragraph A-H of the North the Subdivision Control Law and the Rules and Andover Zoning Bylaw* Planned, Residential Regulations Governing the Subdivision of Land of Devebpment. The purpose of,the special permit is the Planning Board in the Town of North Andover. . for the construction of four (4) single family The following described parcel of land bounded as dwellings. The premise affected Is located on the follows and containing 12 acres, more or less, sub- east side of South Bradford Street in a Residential• divided Into 5 lots, known as Christmas Tree 1 41- , ' (R-1) Zoning District and known as Chrisinus Estates: _ Tree Estates. Bound: Westerly by South Bradford Street Plans available in the Planning Hoard Oflice. 8:30 Northerly, Easterly and Snutherty:by E'ssex a m.-4:30 p.m. , . .., County Greenbelt oard Office. 8:30 Per Order of the Chairman Plans available in the Planning pl Richard A.Nardelia a m.=4:30 p.m. Per Order of the Chairman NAC'8125&9/1/93 Richard A. Nardelia NAC:8/25&9/1/93 '' TOWN OF NORTH ANDOVER This Is to car11 tY{ ) Y that twen 20 days 1 Cs' N� ` have'elapsod from dato of dKislon filed � ASSACHUSETTS without fping of�Mgt. � � � 2o .50 - Ii�9FFLViO� h A TT T P y A Tme COPY Any appeal shall be died within (20) days after the. �f NOTICE OF DECISION 'TownClexk date of filing of this Notice in the Office of the Town Cleric. Date pecejnpex', 2.0.,. . 993. . . . , . . . . . . Sept. 21, Oct. 5,- Date of Hearing act:. �P-, Fpy:. J. Nov. 16, Nov. 30, December 7, 1993 White Birch Construction,, Inc PetitlOn'O£ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected ,East ,side .of .South Bradford •S'Treet , , , , , , , , , , , , , , , , , , , , , , , Referring to the above petition for a special permit from the requirements of the ,N°rth Andover Zoning B law -- Section ,8.5, Planned, Residential, Det elo ent ' . . . . . . . . . . . . . . . .. X. . . . . . . .P.RI so as to permit ,the �consfruction ,of ,four ,(4). .sinle ,famil,; dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVE . . . . . . 6 . . . . . . .the SPECIAL PERMIT.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following ndi cofiions cc: .. -Director of Public Works Building'-Inspector Conservation Administrator Signed 414'eZ4 Health Agent Assessors Ri.chard. NardelZal ,Chairman, , Police Chief Fire Chief , Joseph.Malyoneyl . Cerk, . , . . . . . . . . . Applicant . Engineer _ Richard,Rowen. . . . . . . . . . . . . . . . . . . File . Interested Parties Jor►n,l�aghli� , , , , . , , , . , • • , . . . . . . . .Manning Board. . . . . . 1 } of Hon r,4 �o E ?REN H.P. NELSON Town of 120 Main Street, 01845 Dirt'clor BUILDIN �.TH G NO ANDOVER (508) 682 s4g3 { CONSERVATION '9s"� v5`` DIV[SION OF HEALTH PLANNING PLANNING COMMUNITY DEVELOPMENT December 20, 1993 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Special Permit P.R. D. Christmas Tree Estates Dear Mr. Long: The North Andover Planning Board held a public hearing on September 21, 1993 , in the Senior Center behind the Town Building upon the application of White Birch Constructioin Inc. , 380 Essex Street, Lawrence, MA. , requesting .a Special Permit under Section 8 . 5 (Planned Residential Development) of the North Andover Zoning Bylaw. The legal notice was published in the North Andover Citizen on August 25 and September 1, 1993 and all parties of inter_ast were properly notified. The following members were present:' Richard Nardella, Chairman, John Simons, Vice Chairman, John Draper, Richard Rowen and John Daghlian. Joseph Mahoney was absent. The petitioner was requesting a Special Permit, for the construction of four (4) -single family dwelling, The premises affected is located on the east side of .South Bradford Street in a Residential-1 (R-1) Zoning District, j Mr. Draper read the legal notices. to open the public hearings. Mr. Phil Christiansen, engineer for the applicant, gave .the, Board a presentation on the proposed project. 4.. 12 acre parcel end of South Bradford Street 2 acre zoning required - parcel /has approximately G .acres_. of wetlands entire parcel surrounded be the -Essex County Greenbelt land town. water and sewer The Greenbelt will be contacted on the open space issue F Mr: Simons had - questions on the cul-de-sac design. - The existing cul-de-sac is 701 across, the proposed cul-de-sac will be ;. 1001 . Mr. Nardella asked Mr. Christiansen to think about curbing. ' Page 2 : Christmas Tree Estates .The location of the houses is based on sewer gravity feed as opposed to pumping up the steep grade. A site walk will be scheduled. The was a brief discussion on the value of the land/wetland as it relates to a PRD versus a conventional subdivision. Questions ,were raised on the size of the cul-de-sac and where it ends. Mr. Nardella asked if South Bradford Street had been abandoned by the Town. He brought up the possibility of further development by the Smolak' s. The issues of a sidewalk was brought up. Mr. Christiansen to contact the Essex County Greenbelt Association on the open space. A site walk has been ' scheduled for Saturday, September 25, 1993 . The length of the subdivision road, center line will be staked out. On a motion by Mr. Simons, ,seconded-- by Mr. Draper, the Board c hearing to October 5, 1993 . voted to continue the publi On October 5, 1993 , the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, ' John Simons, Vice Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian, John Draper was absent. Mr. James Grifoni told the Board that he spoke to Michael Smolak and from the stone wall to Christmas Tree Lane is developable land. A . 10 acre strip with wetlands up to Christmas Trees is developable. Development.rights have been sold for tax purposes on all fields. -and orchards. ' , The existing right-of-way, for South Bradford Street is between the - stone walls. Some. land is accessible beyond edge of applicants land.. The .right-of-way must extend to`end- of-property, but might not be paved. Developers have not been able to meet with D.P.W. A 12 acre parcel PRD is proposed. There is a proposal to pull cul--de-sa_ back to .eliminate the grading, pull back 'to a flatter area. There is a .proposal that utilities be brought out to the end of the property Line and stubbed but do not pave to the end. the amount to continue the street to the end of the property line. Driveway widths of pavement only. ` �~ • 1 , Page 3 • Christmas Tree Estates Covenant that land owner will maintain the driveway, not the Town. With a shorter road the applicant would do a conventional subdivision, not a PRD. . On a motion by Mr. Mahoney, seconded by Mr.. Simons,,# the `Board voted to continue the public hearing to October 19, 1993 . On October 19, .1993 the Planning Board held a regular meeting. The following members, were present: Richard Nardella, Chairman; John Simons, Vice Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian, Jahn Draper was absent. Mr. Nardella read a letter from D. P.W. received at meeting. Planning Board will consider D. P.W. recommendations, but will take them as recommendations only. Mr. Simons said Planning Board came up with a good plan .for. the site, why build to end of property with all the grading when -it may never connect. Bond. for future. paving. Mr. Daghlian told the Board that, if utilities are put in to the end, they need to be -maintained. Mr. Simons stated that money would be needed- to put roadway to property. line in, prior to approval. Mr. Nardella asked Mr. Grifoni, 'as a developer,: does it matter whether the money -used to build it or!money put in escrow. Ms Colwell and Mr. Nardella to get together to discuss how to '>'fhold znonOy ;for road. ` S�tiansiio d .the Board that .the 50 _ buffer zone along from " center line of road, right-of-way 101 to create 50 ' right--of--'way, k j } ` B.radford' Street. At'•f ! > � •}, +y� .Mons, seconded by Mr. Rowen, the Board. s�� ;, . ut �[� a � 1fa hearing and. directed Staff to draft a r F � x� �v e� next meeting., �r f sr g the P%janning Board held a regular meeting. l2iQ off: ,ca aing .raemb,eV� ,.WQre present: Richard Nardella, Chairman, .. 5 ?mold , V�ae : CAAUtIVMan, Joseph , Mahoney, Clerk, and Richard W B• ►0hn Dacghl J.,jn' d John, Draper were absent. x ' d, e needy talk with Essex County Grenbelt .,prior to enderi nci S do cision. r Page 4 : Christmas Tree Estates Mr. Rowen would like to see revised plans prior to making decision. Staff to contact Greenbelt. The matter was taken under advisement. on November 16 , 1993 the Planning Board held a regular meeting. The following members were present: John Simons, Acting Chairman, Joseph Mahoney, Clerk and John Draper. Due -Eo the lack of a quorum _the item was tabled. .f On November 30, 1993 the Planning Board held a regular . meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John Simons and John Draper were absent. Deferred to the December 7; i993 meeting. Decision to be filed by December 22 , 1993 . On December 7, 1993 the Planning Board held a regular meeting. The following members. were present: Richard Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian., John Simons and John Draper were absent. ' r The Board reviewed the draft decisions. Escrow account must be set up to cover cost of finishing_ the roadway "the end of the property line. Water and sewer to be put in to the end of the property . . now'. Special Permit Condition 1.(d) : Mr. Mahoney to draft language to be put into ever deed regarding 50 ' buffer zone. Performance Guarantee Amount _ $8 , 000 On._.a motion by Mr. Rowen, seconded by Mr; Mahoney, the Board voted to approve Christmas Tree Estates Subdivision conditional approval as, amended. On a motion by Mr. Mahoney, seconded by ,Mr. Daghlian, the Board voted.- to approve Christmas Tree Estates Special Permit as amended. li ' I Page 5: Christmas Tree Estates - Attached are those conditions. Sincerely, N th ndover Plannin�gy� Board --- - Richard A. Nardella Chairman. -- cc: Director of Public-Works Dui.lding • Trnspector Conservation Administrator Health Agent Assessors .police Chief Fire Chief Applicant Engineer File t t :. —� �_ .y y�.,,..a .tip 'lc�j`$y. ? - •E F � J t i Christmas Tree Estates Special Permit Planned Residential Development Conditional Approval The Planning Board herein approves the Special Permit for a Planned. Residential Development of 5 lots, . the fifth Lot to remain as open- space. This Special Permit was requested by White Birch Construction Co. Inc. , 380 Essex Street, Lawrence, MA 01841, on August 9, 1993 . The Planning Board makes the following findings as required by the North Andover- Zoning " Bylaw Sections 8 . 5 and 10. 3 : A. The specific site is an appropriate location for a Planned Residential Development and is approximately 12 acres in size in an R-1 zone. B. -The use as developed will not adversely affect the neighborhood as it is an extension of an existing subdivision. 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 featur es by preserving additional open space, reducing the amount of clearing and excavation normally associated .with the. construction of residential dwellings on - a site such as this; B... ._,Encourage the preservation of open space. The applicant has dedicated 396, 637 square feet of the property as 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. - 1 f I 1 The Planning Board also finds .that a base . density of 4 lots is appropriate for the PRD. This number of lots has been determined V from a Preliminary Conventional Subdivision Plan provided to the ; Planning Board which satisfies the Town' s requirements for submission of such a- plan. -This Preliminary Plan is described as follows: Plans entitled: Conceptual ' Plan of Land located in North Andover, MA Prepared for: White Birch Construction ---Prepared byi Christiansen & Sergi -160 Summer- Street Haverhill, MA 01830 Dated: July 31, 1993 Scale: 1" = 401, • 3 Finally, the Planning Board finds that the Definitive Subdi complies with Town Bylaw requirements so ' lon as the applicant complies with the following conditions: 1. Prior -to endorsement of , the plans by the Planning -Board and recording with the Registry of Deeds the applicant shall adhere to the following: . a. The applicant shall post . (per agreement with the . North Andover Planning Board) a Performance Guarantee in the amount of $8,000' (eight thousand dollars) to be held by the Town of North Andover in an interest- bearing escrow account. 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 taco emendation of t:rie. Planning Staff..and as. directed by, the vote of the North Andover Planning ,Board: b. All designated open space parcels shall` be donated to the Essex County Greenbelt as this environmental group _ owns the surrounding land. if the Greenbelt is - not- interested in receiving this land; the open space sha11 { be donated to - the . .Town through the Conservation _ Commission. A perpetual restriction. of the type: described in M.G. L. Chapter 184, Section ,31 running .to r; or enforceable by the town shall be recorded in respect- - to such land. Such restriction shall .provide that- the_ ' . 2 - Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, to agriculture, or recreation. DanninntsS Staff h priorfeto must be reviewed by the Pl is g endorsement. C. Applicant Shall provide Planning Staff with a sample deed - for review and approval of language contained therein reflecting the 50 foot no-cut requirement shown on the PRD plans, it being the intent that eachrdeed to individual lots must contain such language approved by the Planning Staff. 2 . Prior to construction or clearing of lots: a. Tree cutting shall be •kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. The Town Planner . and/or Tree Warden must be contacted prior to any cutting on site. Efforts to protect trees on site must be made. 3 . Prior to any lots being released from the statutory covenants, the conditions outlined in the Christmas Tree Estates Definitive Subdivision Conditional Approval must be - r followed and: a. Copies of . the documents concerning the ownership of the and he open space, the conservation n t i above, must the restrictive covenants submitted to the Board for review. .4 Prior to FORM U verification (Building Permit Issuance) for an individual lot, the conditions outlined in the Christmas Tree Estates Definitive Subdivision• Conditional Approval must be followed. 5 .. Prior to a Certificate of occupancy being issued for an individual --- lot, • the conditions outlined in the Christmas Tree Estates. Definitive Subdivision ConditionalApproval mv�t b foi_lowed 6. Prior to the final, release of security, the conditions outlined in the Christmas Tree Estates. Definitive Subdivision Conditional Approval must be followed and: a. The open space parcel (Lot 5) mu must a ea sferrewilling to to the Essex County Greenbelt, if y accept it, or to the Town of Nor.th• Andover through its Conservation Commission.. 7 . ` The applicant shall adhere to the following requirements of 3 j the Fire Department: a, All structures shall contain residential fire sprinkler systems the design of which will be approved by the Fire Department. -- b. ..__--smoke alarms must be installed. 8 . This special permit approval - shall be deemed to have lapsed after -two years from the date 'permit granted} unless substantial. construction -of roadway and utilities has commenced. This project must be completed ' within two ' (2) 'years from the date of the start of construction. i 9 . The provisions of this S=.aecial Permit shall apply to and be binding upon the applidgnt, its employees, contractorp-and subcontractors and all successors in interest or control. 10. This'• special Permit approval is based upon the approval- of a Definitive.: Subdivision : Plan.' The Special Permit and i Defnitive;';Subdivision approvals are both based upon the fol-' 'owng,.plans:. but — axl a. y `. Plans entitled: Definitive P.R.D. Subdivision Plan Christmas. Tree Estates located. in North. Andover, MA ,';`Prepared For: : White Birch Construction, Inc. 380 Essex Street, Lawrence, MA Prepared By: Christiansen & Sergi, ; 1.60 Summer Street, Haverhill, MA .::Datedr� 8/3%93 , rev. 11/8/93 :Sheets:; - 1 through 5 ;`'Scale: as noted on plans . CC. Conservation'Administrato_r Y Director .of Public Works Health Administrator LAND C + STON, The land Building' Inspector herein ill be shown an onr apptoved plan to'follow as � • Pz:?l�ce Cht�cf• _ , _ Fire -Chief , .. APR- 14 19941. }� Assessor :. Applicant . Engineer Plan 03Mo gl > 1 (EXAMINED AS TO DESCRIPTION ONLY File Louis AVoore, Englneer Christree.PRD 4 r., Notice to APPU0ANe/7::n-YAr CLERK and Certification of Artl on oz: Planning Beard 'on Definitive Subdivl! , "Plan entitled: � t Christmas Tree Estates By: Christiansen & Ser i dated August 3, 1993 t 19 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That tW record owners of -the subject land forthwith execute and record a "covenant running with the .and", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- dxvisionf all as provided by G.L. c. 41, S. 81-U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Boardf no building or other structure shall be built or placed upon Dots No. as shown on said Plan without the prior consent of said Board of Health. 4. 'Other .conditions: ITS Q �s• ;'-c. In the event that no appeal shall have been taken from said approval within twenty days from this datev the North Andover planning Board will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NOR ANDO Date: December 7, 1993 By: Richard Nardella, C aixmar� _— FORA, c , APPLICATION FOR APPROVAL OF OEFINxTM, PWTTOWN CJ�K August 6 NORT�it:�41' 96R To the Planning Board of the Town of north Andover: AUG 9 8 37 AM '53 The undersi.gnod, being the applicant as dofinod under Chapter 41 , Section 81—Lt for approval of a proposed subdivision shorn on a plan entitled "Christmas Tree Estates" by Christiansen & Sergi , Tnc . dated §.Z3/93 being Land bounded as follows: Westerly by So , Bradford St ; easterly & southerly by land of Essex Green Belt hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to -the Board for approval of said plan. Title Reference: Korth Essex Deeds, Book 3517, Page 287 ; or Certificate of Title No. t Registration Book # page__; or Other: Said plan has( } has not(X) evolved from a proldminary plan submitted to the Board of 19 and approved (with modifications) disapproved ( on , 19 . The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees %-r-ith the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Departmentt the Highway Surveyor, the Board of Health, and all general as well as zoning by—laws of said Towns as are applicable to the installation of utilities within the Limits of ways and streets; 2. To complete and construct the streets or gays and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plant profiles and cross sections of the sane. Said plant profilest cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree— ments herein shall,be binding upon all heirs, executorst administrators, successorst grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town. Clerk: 7 Date: Tigpflture of Applicant Agr�tfor White Birch Construction Time: 380 Essex Street Signature; Address Lawrence , MA 01841 Christmas Tree Estates Definitive Subdivision Conditional Approval The Planning Board herein approves the 5 lot Definitive Subdivision, with the fifth lot designated as open space. This Subdivision Approval was requested by White Birch Construction, Co. , Inc. , 380 Essex Street, Lawrence, MA on August 9 , 1993 . The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plans, dated August 3 , 1993 include all of the information indicated in ' Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board' s decision. b. A detailed construction schedule must be submitted as part of the plans. C. A covenant (Form I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition #3 (c) . d. Right of way dedication easements for the proposed roadway shall be provided to the Planning Office an must be recorded at the Registry of Deeds. 1 � `.e. A 10 roadway easement along South Bradford Street to the end of the property line must be granted to the Town to create a 500 foot right-of-way. Documents to this effect must be reviewed by the Planning Staff. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. g. All drainage, water, and sewage facility designs shall be approved by the North Andover ❑ivision of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1 (b) . h. All application fees must be paid in full and verified by the Town Planner. i. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to the start of construction: The record plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. 3. Prior to any lots being released from the statutory covenants: a. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall judge whether the applicant has satisfied the requirements of this provision prior to each lot release. b/ The applicant must submit a lot release FORM J to the Planning Board for signature. C . A Performance Security in an amount to be determined by r„ the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans 2 • f approved as part of this conditional approval. Items covered by the Bond may include, but shall not be limited to: i. as-built drawings ii. sewers and utilities iii. roadway construction and maintenance iv. lot and site erosion control V. site screening and street trees vi. drainage facilities vii. site restoration viii. final site cleanup " d ' An escrow fund must be set up to cover the cost of ' finishing South Bradford Street to the edge of the property line. See Condition 14 (a) . e. All proper documents and easements required through Condition 1 shall be in place. 4 . Prior to a FORM U verification (Building Permit Issuance) for an individual lot, the following information is required by the Planning Department: The applicant must submit to the Town Planner proof that the FORM M referred to in Condition 1 (e) above, was filed with the .Registry of Deeds office. b. Three (3) complete copies of plans and two (2) copies of all documents containing registry of deeds stamps must be submitted to the Town Planner as proof of filing. C. A plot plan for the lot in question must be submitted, which shows all of the following: i. location of the structure, ii. location of the driveways, iii. location of the septic systems if applicable, iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a NACC order of condition, vi. any grading called for on the lot, and vii. all required zoning setbacks. d. All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. e. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 3 3 f. The lot in question shall be staked in the field to show the location of any major departures from the record plan. The Town Planner shall verify this information . The proposed layout shall be in conformance with the recorded plans. g. Lot numbers, visible from the roadways must be posted on all lots. 5. Prior to a certificate of Occupancy being issued for an individual lot, the following shall be required: a. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. b. All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. C. Permanent house numbers must be posted on dwellings and be visible from the road. d. All slopes on the lot in question shall be properly stabilized, as judged by the Planning Staff. e. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer' s responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. f. The Planning Board reserves the right to review the site after construction is complete and require added site screening as necessary and reasonable. g. The site must be raked, loamed and seeded or sodded. b. Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: 4 a. An as-built plan and profile of the site shall be submitted for review and approval. b. The applicant shall petition Town Meeting for public acceptance of the streets. Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. C. The Town Planner shall ensure that all planning, conservation commission, board of health and department of public works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. d. Monuments shall be set on the exterior street line as required by Section 7 (P) of the Subdivision Rules and Regulations. e. Two to two and one half inch caliper (2-2 . 511) street trees are to be placed every fifty (501 ) feet along both sides of all new roadways. f. The existing cul-de-sac must be removed and the area loamed raked and seeded. A standard roadway cross- section must be established. 7 . The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 5 of the Bylaw. The Planning Board will review any entrance structures. 8 . The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation commission. 9. There shall be no . burying or dumping of construction material on site. 5 10 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 12 . Any action by a Town Board, commission, or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 13 . The following waivers from the Rules and Regulations Governing the Subdivision of Land in North Andover, MA have been granted by the Planning Board: a. Section 7 (A) (d) : the requirement of paving South Bradford Street to the exterior boundary has been waived. Paving to the exterior boundary would require an excess amount of grading and would affect the rural character of the parcel. The Board has determined that development along South Bradford Street will not happen in the near future thus there is no need to pave to the boundary at this time. The developer must instead place in escrow an amount equal to the cost of that construction of the roadway to provide for potential future expansion. The amount will be established by the Planning Board upon a recommendation from the Division of Public Works. The escrow fund is to be retained by the Town for use in its sole discretion. b. Section 7 (D) : the requirement of sidewalks has been waived as there were no sidewalks required for the existing section of South Bradford Street. In lieu of sidewalks the developer is encouraged to donate to the sidewalk fund an amount equal to the cost of constructing sidewalks along one side of the roadway. 14 . This Definitive Subdivision approval is based upon a Special Permit granted in accordance with Section 4 . 125, 10. 3 and 10. 31 of the North Andover Zoning Bylaw. The Special Permit and Definitive Subdivision approvals are both based upon the following plans: a. Plans entitled: ❑efinitive P.R. D. Subdivision Plan Christmas Tree Estates located in North Andover, MA Prepared for: White Birch Construction, Inc. 380 Essex Street, Lawrence, MA Prepared by: Christiansen & Sergi 160 Summer Street, Haverhill, MA Dated: 8/3/93 , rev. 11/8/93 6 Sheets: 1 through 5 Scale: as noted on plans CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Christree.Subd 7 TOWN OF NORTH ANDOVER MASSACHUSETTS PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: White Birch Constructigadr�99: 380 Essex Street , Lawrence , MA 01841 1.. Application is hereby made (a) For a Special Permit under section 8 , 5 , Paragraph A_H of the Zoning Bylaw. 2 : (a) Premises affected are landxx and buildings numbered So . Bradford S' T'' ' - (b) Premises affected are property with frontage on the North_ South East XX West side cif So . Bradford Street, known as No. Street. (c) Premises affected are in zoning District R-1 an-I the premises affected have an area of 12 ± acres and frontage of 700 feet. , 3 . ownership: (a) Name and Address of owner ( if joint ownership, give all names) : White Birch Construction Inc , Date of purchase 8/1/92' Previous owner'Bertha C . Kozdras (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Leasee Other (explain) 4 . Size of proposed building: front: feet deep Height: stories: feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (e) Type of construction 5 . Size of Existing Building: feet front: feet deep Height: stories Feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) 6. Has there been a previous application for a Special Permit from the Planning Board on these. premises? NO If so, when 7 . Description of purpose for which Special Permit is sought on this petition: To promote the public health , safety and general welfare of the citizens of the Town . 8 . Deed recorded in the Registry of Deeds in Book 2338 Page 220 or Land Court Certificate No. Book Page 3. The principal points upon which I base may application are as follows: (must be stated in detail) . jo propose more efficient use of the land . . ..to reservation of open sl2ace , to protect wetlands to e .It greater flexibilit and more attractive residential des ' n to facilitate economic and efficient provision of utilities I agree to pay for advertis ' g paper and postage fee for mailing legal notices to .-(P i ioner' s Signatu e) Golf f 2.: 41 ec«- Every application for act y the Board shall be made on a form approved by the Board. /These forms shall be furnished by the Clerk upon request. Any communication supporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAMES ADDRESS See attached list Add additional sheets if necessary Any question should be directed to the Planning Office LIST OF PARTIES OF INTEREST PAGE / OF _ SUBJECT PROPERTY MAP l PARCEL NAME JADDRESS AB UTTERS _MAP IPARCEL NAME ADDRESS /U C. 2 �I�T G E z•^ I GC �c� c r3 4� ( 'l' s� Uo el !/--t.. I � � I I ' I / L 1 f C z a3 {?1' k I • 1_ _ - - . r' �i 1 f• c r E ' m. 1 f } FORM c APPLICATION MR APPROVAL OF DEFINITIVE PLAN August 6iJl[t� � ; To the Planning Board of the Town of Forth Andover: [!(; 9 8 37 AM Q4 The undersignodt being the applicant as defined under Chapter 41# Section 81.—L, for approval of a proposed subdivision shown on a plan entitled "Christmas `free Estates" by Christiansen & Sergi , Inc . dated 8 3 being land bounded as follows; Wester 1 b S o . Bradford St . ., easterly & southerly by land of Essex Green Bel hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations.of the North Andover Planning Board and makes application to -the Board for approval of said plan. Title Reference: North Essex Deeds, Book 351.71, Page 287 ; or Certificate of Title No. Registration Book , pa.ge ; or Other: Said plan has( } has not(X) evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) { ) disapproved ( on 19 • The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Hoard's :Rules and Regulations. The undersigned hereby further covenants and agrees with the Town. of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance kd.th the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by—lags of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plant profiles and cross sections of the same. Said plan, profilest cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree— ments herein shall be binding upon all hei.rst executorst administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations d cons, �6tion within two (2) years from the date hereof. Received by Town Clerk: Date: Si. t e of Applicant Time: Signature: Address FORM D r DESIGNER ' S CERTIFICATE 0 AN 11 fil, J;j l e ;%IfAI Ig t b 19 93 A} TO TIfE ''XANNING BOARD OF THE TOWN OF NORTH ANDOVEK ' In prepari n.g the pl an enti tled "Christmas Tree Egtat a" I hereby certify that the above named plan and :accompanying data is true and correct to the accuracy 14 required by the cur,,ent Rules and Reg ulati-or 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 : I Deed from Bertha C . Kozdras t•o White Birch Construction , Inc , dated 8/1/92 and recorded in the North Essex Regi stry i n Book 35 7 , Page 9.R7 2 . Other plans , as follows 36903—R 3 . Oval information furnished by' 4 . Actual measurement on the around from a starting point established b y 36903—R 5 . Other Sources . Sig �d,�� , (Seal of E er or ( Registered Profes ional Engineer or Surveyo 4�kkOF Registered Land Surveyor) Michael Sergi MICHAEI. J. 160 ummer Street SERGI y Na33191 �� Haverhill , MA 01830 �fc►Si�R�s��`' Address �HAI LAND LIST OF PARTIES OF INTEREST PAGE OF._.__._� 1 71 i SUBJECT PROPERTY MAP PARCEL NAME ADDRESS i ABUTTERS MAP PARCEL NAME ADDRESS 21 p e u - S� V vine-� l J Y (2 ,bl ��` 'S �c� Src ` Z a c /Z,? /Z FORM D DESIGNER ' S CERTIFICATE D A N I C L 1 t;1 G AUG 37 RM JO THE '�>LANNING BOARD OF THE TOWN, OF NORTH ANDOVER : In preparing the plan entitled "Christmas , Tree Estates" I hereby certify that the above named plan and accompanying data is truE and correct to the accuracy requi red by the current Rul es and Regulation Governi ng the Subdi vi s ion of Land i n North Andover , Massachusetts , and my source of information about the location cif boundaries shown on said plan were one or more of the following : 1 . Deed from Bertha C. Kozdras t•o White -Birch Construction, Inc . dated 8/1/92 and recorded in the North Essex: Registry in Book 3517 s Page 98:Z 2 , Other plans , as follows 36903—R 3 . Oral information furnished by 4 . Actual measurement on the around from a starting point established by 36903—R 5 . Other Sources . Sig d .. (Seal of E er or ( Registered Profes ional Engineer or Surveyo L�aOF ,f Registered Land Surveyor) MECHAEL. c'eR Michael Sergi , SERGI' 160 Summer Street Na33191 �o Haverhill , MA 01830 'ss��£crstta�°��Q,� Address DNA! LAND FORM 0 DESIGNER ' S CERTIFICATE Au u NOR' 9 s 193 Ur 37 i s TO THE ' r LANNI NG B4OARD OF THE TOWN, OF [FORTH ANDOVE R : In prepari n_g the plan enti fled "Christmas Tree Estatast' I hereby certify that the above named plan and .accompanyinq data is true ) and correct to the accuracy required by the current Rules and Regu1ation 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 : 1 . Deed from Bertha C . Kozdras t•d White Birch Construction , Inc . dated 8/1/92 and recorded in the North Essex' Regi s.try i n Book 3517 page 2g7 2 .. Other plans , as follows 36903—R 3 . Oral information furnished by 4 . Actual measurement *on the around from a starting point established by 36903—R 5 . Other Sources Sig (Seal of E er or ( Registered Rrofes`sional Engineer or Surveyo tHOF Registered Land Surveyor) M[ Michael Sergi J. SER QI u► me- t Street Ift33199 0 Haverhill , MA 01830 �Fo►st�n�°�� Address `�O�AI IAN�� FORM L REFERRAL FORM Preliminary Plan Definitive Subdivision Special. Permit Site Plan Review North Andover, Massachusetts JL Cy .. 9 Sup' t/Highway, Utilities & Operations Director of Engineering & Administration - s"��'r'av�soi�""z�...�'.vies-t�•-}�-W-&�nunda--....e� . Fire Chief Conservation Commission i Inspector of Buildings Board of Health Police Chief Planning Board A Public Hearing has been scheduled for p.m. on Zw to discuss these plans. (Preliminary plans do not need public hearings. ) May we have your comments and recommendations concerning these plans no later than Thank you, Clerk, Planning Of e