HomeMy WebLinkAbout1995-04-10 Recorded Decision DEF SUB TOWN O i NORTH A. \T D O V 00TWH'Ah
DOVER
M A S S A C H U S E T T S
' KOA Tp
Any appeal shall be filed 0 °
n ATTEST:
within (20) days after the A True Copy
date of filingof this Notice .�� :ttF, aSQ. L
HUl
'in the Office of the Town Town Clerk
Cleric.
NOTICE OF DECISION
!s to certify that twenty(20)days April 10, 1.9 9 5
'a elapsed from date of decisl0n ftW Date . . . . . . . . . . . . . . . . . • . . . . . . . . . .
v.ithout filing ofanappeal, Nov. 3 , No-. 3.5
JoyDace&urawww� Date of Hearing bec., 20,, 1994
Town Clerk � Jan. 3, Jan. 17
Feb. 7, Feb. 21
Mar. 7, Mar. 28
Flintlock Inc. April 4, 1995
Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . .oxford street. . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the North •Andover Zoning . . . . .•Bylaw ,; Section 8.5 - Planned ,Residential Development
so c19 to $ allow•t:he,construction of 13 .single family ,dweliinq� on ,L)raperty
located at 402 Boxford Street,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . .
.-after a public hearing miven on the above date. the Planning Board toted
conditionally
toapprove . . . . . . . .the .Special Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
n.>
a
a 1
C: Cg
Lrl
based upon the following conditions :
M
3
cc: Director of Public Works S1Qi7�C1 c � � -a Cc c.11- J
as
Building Inspector Richard Nardella, Chairman
Natural Resource/Land Use Planner . . . . . . • • • . . . . . . . . . . . . • . . • ,
Health Sanitarian Joseph Mahoney, Vice Chairman
Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Chief Richard Rowen, Clerk CJ
Ailti �h>> �.w Fire Chief . . . , . . . . . . . I . . . . . . . . . . . . . . . . . . . . �
Applicant Alison Lescarbeau �
.�G c r��, l� Encrineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E 'iPV m,.A, File John Simons
r
S
I i
a '
Town of North Andover o� No oT
OI7 iCE OF �? y`s o L
COMMUNITY DEVELOPMENT AND SERVICES p
146 Main. Street
KENNETH P.MAHONI North Andover, Massachusetts 01845 �SSACMUsti�
Director (508) 688-9533
April 6 , 1995
Ms. Joyce Bradshaw,
Town Clerk Re: Special Permit-PRD--
120 Main Street Lost Pond
North Andover, MA 01845
Dear Ms . Bradshaw,
The North Andover Planning Board held a public hearing on
November 1, 1994 in the Senior Center behind the Town Building,
upon the application of Flintlock, Inc. , PO Box 531, North Andover,
MA. , requesting a Special Permit under Section 8 . 5 (Planned
Residential Development) of the North Andover Zoning Bylaw. The
legal notice was properly advertised in the North Andover Citizen
on October 5 and October 12 , 1994 and all parties of interest were
duly notified. The following members were present: Richard
Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen,
Clerk, Alison Lescarbeau and John Simons.
The petitioner requested a special permit to allow the
construction of 13 single family dwellings on property located at
402 Boxford Street.
Mr. Rowen read the legal notice to open the public hearing.
Mr. Thomas Neve, Thomas E. Neve Associates, and Mr. David Kindred
were present and gave the following information:
existing horse farm
property owned by the Love Family and Land Vest (114
Properties)
conventional plan - 2 acre zoning showing 14 lots
PRD Plan - 14 lots, one lot as the farm
preservation of open space and an agricultural use
51 acres of land -- 6 acres taken out of total
45 acres for the PRD
6 acre parcel taken out of site is all wetland and
unbuildable
Lot 14 - 12 . 54 acres to be preserved as a farm
1
BOARD OFtkPPI::IIS 688.9541 BUILDING 688-9345 CONSERVATION 688-9530 IIEALTII 688-9540 PLANNING 688-9535
1111ir I'Amno 1) Rnlxti Nkella ?'irblel lluwnrd Sandra S;nrr I:.rthleen Bradley Col-ell
13 new homes - approximately 1 acre in size on average
Keep farm open and operating, not to be developed,
agriculture easement on it
some changes at intersection with Wintergreen Drive to
create a "t" intersection
cross brook where there is an existing culvert - new
culvert will be put in
1, 200 ft. road with island
only 14 acres actually being disturbed
all construction will be from Wintergreen Drive
culvert designed to mitigate impacts _ concrete box
culvert
sprinklers systems will be required
Mr. Rowen spoke on Lots 14 , 5 and 6 questioning access . The 50ft.
buffer zone to be adjusted for 6 acre parcel being removed.
Roadway is in the buffer zone.
Mr. Neve stated that access to Lot 14 is through an existing
easement out to Duncan Drive. A common driveway will be used for
Lots 5 and 6 (300ft. for common part of driveway) . Waiver from the
Conservation Commission requested for cul-de-sac as it is close to
the edge of the wetlands.
Ms. Colwell stated that a letter was needed from the Board of
Health.
Mr. Mahoney concerned about access to Lots 5 and 6 . Mr. Neve
stated that you could access Lot 5 over Lot 4 and cross a wetland
to get to the upland.
Ms. Lescarbeau asked about the size of the homes. Mr. Neve replied
that the homes would be approximately 1, 800sq. ft. - colonial style,
will build a house to fit the market. Spring of 1195" project.
Ms . Colwell wants to see sample house designs and an idea of which
lots would have the sample designs.
Mr. Nardella stated that Lot 14 cannot be subdivided.
Discussion of where Foster Farm abuts property, significant to
preserve open space adjacent to Foster Farm property. open Space
Plan highlights Foster Farm to be preserved.
Ms. Colwell to check ownership of New England Power and Foster
Farm.
Mr. Nardella wants sidewalks and sloped granite curbing. He asked
Mr. Neve to go over the conventional plan. Mr. Neve presented the
conventional plan.
Mr. Rowen questioned why was a PRD better than a conventional
2
subdivision plan. Mr. Neve reply was as follows:
preservation of open space
preservation of working farm
cluster of development into the center of property
limits the amount of disturbance of the land
Mr. Mahoney asked who operates the farm and will it continue. Mr.
Neve stated that it was operated as a horse farm currently. Mr.
Kindred stated that when the property goes on the market, it will
go on the market as a farm/horse barn.
Ms Colwell stated that all houses and septic systems must be
outside the 50ft. buffer zone.
Mr. Paul Healy, Wintergreen Drive had questions about why a PRD in
2 acre zoning,
Mr. Nardella stated that the Planning Board likes PRD because there
is greater control over the subdivision by the Planning Board. The
Planning Board can require sprinkler systems, less disturbance of
,land and open space is preserved.
Mr. Healy stated that there is a lot of wetland therefore people
cannot clear out lot anyway.
Mr. Neve stated that you can do a- cluster in any area of town.
Ms. Colwell stated that the Planning and Conservation staff walked
tYje site and are convinced that all conventional lots are
buildable.
Mr. Rowen stated that a PRD allows developer to build a subdivision
that works with the land instead of against the land. The look and
feel of lots will be of larger lots because they are surrounded by
open space.
Mr. Healy expressed concern that the developer will have lower home
prices .
Mr. Michael Scanlon, Duncan Drive, stated that the conventional
pan has access onto Duncan Drive, if road connected out to Duncan
Drive it would drastically change the dynamics of Duncan Drive and
that neighborhood. He is in support of the PRD.
Mary Ann Limpert, 43 Stonecleave Road, expressed concern about an
access road and the effect on Stonecleave Road. She wants to make
sure there will not be a through access .
Mr. Thomas Judka, 3 Wintergreen Drive, stated that the road abuts
his driveway. The driveway is 2ft. from the property line. He
expressed concern about safety. His driveway is higher than the
3
t
road.
Mr. Nardella asked Mr. Judka if he would want to access his garage
from the new road.
Mr. Neve stated that the stone wall will not be disturbed, will
screen the property and would consider a fence. The road is Eft.
lower than the driveway, a retaining wall will be along the
property line.
Mr. .•Judka stated that the property could be accessed from Duncan
Drive.
Ms. Ann Barbagallo, 120 Duncan Drive, had questions about where the
existing driveway to the Love property was located.
{John Simons arrived at 9 : 30 p.m. ]
Mr. Neve outlined the driveway on the plan.
Mr. David Sharp, 71 Wintergreen Drive, expressed concerns about
traffic at the corner of Foster Street and Wintergreen Drive and
traffic a Winter and Foster.
Mr. Perna stated that those were all old streets, width runs from
stone wall to stonewall. The Town has to "take' property in order
to widen the road. The worst part of the road is the stretch
between Winter Street and Wintergreen Drive on Foster Street.
Mr. Edmond Albert, 46 Wintergreen Drive, had questions about the
original covenants regarding Wintergreen Drive and no access roads.
Mr. Neve stated that he was not accessing from Wintergreen Drive,
therefore the covenants do not apply.
Mr. Healy asked if the economic impact from this development taken
into consideration. Mr. Healy is concerned that these costs are
less and therefore house cost is less.
Mr. Simons stated that the value of land is based on the number of
lots, not on the acreage, cluster subdivisions tend to have higher
values.
On a motion by Mr. Mahoney, seconded by Mr. Simons, the Planning
Board voted to continue the public hearing to November 15, 1994 .
A site visit is scheduled for Saturday, November 5, 1994 at 8 : 00
a.m. The Board will be meeting at the intersection of Wintergreen
Drive and Foster Street.
On November 15, 1994 the Planning Board held a regular
meeting . The following members were present: Richard Nardella,
4
f p { 1e 3s if Tim
Chairman, Joseph Mahoney, Vice chairman, Richard Rowen, Clerk,
Alison Lescarbeau and John Simons.
Mr. Mahoney read the legal notices to open the public hearings
for the common driveway and access other than over legal frontage.
Mr. James Bourgeois, Thomas E. Neve Associates, was present.
Discussion of house designs, pedestrian access , screening,
construction of retaining walls.
Mr. Rowen read a letter from the Board of Health stating that
sufficient testing has been completed.
Mr. Nardella and Mr. Mahoney went on a site walk.
Mr. David Kindred, Flintlock Inc. , met with the Jodka ' s at the end
of the proposed road to discuss types of screening. Will hire
someone to draft a Landscape plan along the edge of his property
and the roadway and additional planting at entry, behind house to
screen it from the subdivision.
Mr. Nardella asked the Jodka' s if they were interested in accessing
from new subdivision.
Mr. Thomas Jodka, abutter, would like to keep options open and
possibly grant easement if necessary to access property.
Mr. Nardella stated that screening would be part of the decision as
long as it concerns hand in the subdivision.
Mr. Jodka asked why is road allowed to be in the fifty foot buffer
zone. Mr. Rowen stated that need to allow road to go through the
buffer zone to access property.
Mr. Bourgeois discussed non -motorized vehicle access, possible
easement for access shrawn on the plans, access between Lot 9 and
Lot 8 .
Mr. Nardella stated the need to set off the easement from the rest
of the subdivision with a defined trail , Mr. Kindred to have a
stone dust path with 'shrubs.
Ms. Colwell needs to get a copy of easement over Adams property.
Mr. Mahoney questioned can pathway/easement rights be granted all
the way out to Foster Street. Asked Mr. Kindred to look into it.
Mr. Rowen questioned how much cutting/filling for Lot 9 . Mr.
Bourgeois stated that the road is about 6 feet higher than the
natural grade.
5
Mr. Simons expressed concerns about the final wetland flagging and
the calculation of buildable lots and the amount of open space. He
expressed concerns that the wetlands were not actually flagged and
that the numbers may change.
Ms. Colwell to check with Conservation as to the wetland line, any
changes to line may effect the lot count.
Discussion of access to tots 5 and 6.
Mr. Rowen questioned closeness of cul-de-sac to the wetland, can
this be pulled away from the wetland.
Mr. Bourgeois stated that the developer may want to build retaining
walls around cul-de-sac to pull work away from the wetland.
The Planning Board would support a smaller cul-de-sac and 24 foot
pavement width.
Sidewalks on one side.
David Sharp, 71 Wintergreen Drive, stated that there was a
difference between FEMA Flood Plain and staff flood plain
measurements.
Mr. Bourgeois stated that he has requested information from the
State on this, but it would not effect the development.
Scott Lodde, 154 Duncan Drive, had questions about easement into
farm and need to preserve vehicular access for farm. Would rather
not see sidewalks be constructed on this site, would rather see
sidewalks built elsewhere.
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Planning
Board voted to continue the public hearings for the two special
permits, common driveway and access, and the definitive subdivision
to the December 6, 1994 meeting.
On December 6, 1994 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk and John Simons,
The applicant requested a continuance until the December 20,
1994 meeting,
On December 20, 1994 the Planning Board held a regular
meeting. The members present were: Joseph Mahoney, Vice Chairman,
Richard Rowen, Clerk, Alison Lescarbeau and John Simons.
Ms . Colwell discussed meeting with George Perna, Bill
Hmurciak, Michael, Howard, David Kindred and Tom Neve. She gave the
6
Board an outline of topics discussed. Drainage calculations are
being reviewed by an outside consultant.
Mr. Neve stated that he may want to reduce pavement width at the
cul-de-sac in order to move the pavement away from the wetland.
(90 ' pavement instead of 100 ' .
Planning Board in consensus about eliminating pavement if possible.
Mr. Simons had the following comments/questions:
1 . What happened at Conservation?
2 . Discuss access to Lots 5 and 6
3 . Do cluster to limit effect on topography, but will need
to disturb a large area on Lots 5 and 6 .
4 . Limit the cuts on the site.
Mr. Neve stated that Lots 5 and 6 were in an open pasture, trees
will not need to be cut.
Mr. Simons suggested limiting lawn area and grading, all the other
homes are consistent. He wants to make sure that the houses are
integrated and work with the site, wants houses that suite the
site.
Mr. Neve stated that there are garages under where there are steep
grades.
Mr. Simons wants a common theme for the site design, possibly keep
the family farm theme within the subdivision.
Mr. Neve stated that plans are for traditional colonial designs.
He will not manufacture the site to fit the site. He will look at
coming up with a theme.
Mar. Mahoney asked if Mr. Kindred was reserving the design review
prior to sale of the lots.
Mr. Kindred' s reply was "yes" .
On a motion by Mr. Rowen, seconded by Mr. Simons, the Planning
Board voted to continue the public heariig to January 3 , 1995 .
Ms. Elsie Pouliot, 465 Boxford Street, questioned as to where the
water main would go.
Ms. Colwell to talk to D. P.W.
On January 3 , 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau,
John Simons .
7
The applicant requested to continue the public hearing until
January 17 , 1995.
On January 17 , 1995 the meeting was canceled due to a lack of
a quorum.
On February 7 , 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau,
John Simons.
Continued to February 21, 1995 .
On February 21, 1995 the Planning Board held a regular
meeting. The members present were: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk and Alison
Lescarbeau.
continued to March 7 , 1995 .
continue discussion of drainage issues
On March 7 , 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and
John Simons.
Dave Kindred stated that drainage issues between Tom Neve and
Bill Hmurciak have been worked out, all issues agreed upon.
Mr. Nardella stated that we need a letter of extension to March 28 ,
1995.
Mr. Rowen wants a stop sign at the end of the street.
Mr. Mahoney made a motion to close public hearing, seconded by Mr.
Rowen. Unanimous vote.
On March 28 , 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Richard
Rowen, Clerk and Joseph Mahoney.
c. Due to the lack of a quorum, the Planning Board was unable to
make a decision.
8
on April 4 , 1995 the Planning Board held a regular meeting.
The members present were: Richard Nardella, Chairman, Joseph
Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and
John Simons.
on a motion made by Mr. Mahoney, seconded by Ms. Lescarbeau,
the Planning Board voted to approve the special permit as amended.
Attached are those conditions.
Sincerely, -
North Andover Planning Board
Richard Nardella, Chairman
Attachment
cc: Director of Public Works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
LostPRD
c
9
pp jyp'a
Lost Pond
Special Permit - Planned Residential Development
conditional, Approval
The Planning Board herein approves the Special Permit for a Planned
Residential Development, known as Lost Pond, for 14 lots and 13 new
homes requested by Flintlock Inc. , P.O. Box 531, North Andover, MA
01845 on October 20, 1994 . The site is located off of Foster
Street in a Residential, -- 1 (R-1) Zone.
A. The specific site is an appropriate location for a Planned
Residential Development as there is a horse farm located on
the site. The Planned Residential Development allows for the
development of the site while preserving the majority of the
land for open space and the farm.
S. The use as developed will not adversely affect the
neighborhood as this site is located in a Residential -1 Zone.
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 Planned Residential Development 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 additional open space, reducing
the amount of clearing and excavation normally associated with
the construction of residential dwellings on a site such as
this and preserving the existing horse farm;
B. Encourage the preservation of open space. The applicant has
provided approximately 17 acres 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.
The Planning Board also finds that a base density of 14 house lots
is appropriate for the Planned Residential Development. This
number of lots has been determined from a Preliminary Conventional
1
I
Subdivision Plan provided to the 8Planning Board which satisfies
the Town ' s requirements for submission of such a plan. This
Preliminary Plan is described as follows :
Plan Titled: Foster Street Land
A Preliminary R-1 Subdivision
in North Andover, MA
Applicant: Flintlock Inc.
P.O Box 531
North Andover, MA
Prepared by: Thomas E. Neve Associates, Inc.
477 Old Boston Road
US Route 1
Topsfield, MA 01983
Scale: 1" = 40 '
Finally, the Planning Board finds that the Planned Residential
Development complies with Town Bylaw requirements so long as the
applicant complies with the following conditions:
1. The developer shall designate an independent Environmental
Monitor who shall be chosen in consultation with the Planning
and Community Development Staff. The Environmental Monitor
/ ust be available upon four (4) hours notice to inspect the
site with the Planning Board designated official . The
Environmental Monitor shall make weekly inspections of the
project, meet monthly with the Town Planner and file monthly
written reports to the Board, detailing areas of non-
compliance and with the plans and conditions of approval.
2 . It shall be the responsibility of the developer to assure that
no erosion on the site shall occur which will cause deposition
of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer and other off-
site construction. Off-site erosion will be a basis for the
Planning Board making a finding that the project is not in
compliance with the plan,
3 . Prior to endorsement of the plans by the Planning Board and
recording with the Registry of Deeds the applicant shall
ad ere to the following:
�a The applicant shall post (per agreement with the North
Andover Planning Board) a Site Opening Bond in the amount
of five thousand ($51000) dollars to be held by the Town
of North Andover. The Guarantee shall by 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 (d) of
2
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. The applicant shall post an erosion control bond in the
amount of thirteen thousand ($13, 000) dollars in the form
of a check made out to the Town of North Andover to be
placed in an interest bearing escrow account. This
amount will be held by the Town of North Andover for the
duration of the project, until the street has been
accepted by the Town. The applicant may post eight
thousand ($8, 000) dollars prior to endorsement with the
understanding that at the time of the posting of the
roadway bond the five thousand ($5, 000) dollar Site
opening Bond will be rolled over into the erosion control
fund.
c. Executed but unrecorded documents conveying the
designated open space parcel to the Town through the
Conservation Commission must be submitted to the Planning
Department. The conveyance of the property will occur
when the Town accepts the roadway as stated in Condition Icli
6 (b) of the Definitive Subdivision Approval. t � y
("d. An executed but unrecorded perpetual agricultural '
preservation restriction on Lot 14 , of the type described
in M.G.L. Chapter 184 , Section 31 running to or , .
enforceable by the Town. The conveyance of the easement
will occur when the Town accepts the roadway as stated in
Condition 6 (c) of the Definitive Subdivision Approval .
r. e Deeds conveying individual lots must contain a
restriction reflecting the 50 foot not-cut requirement
shown on the PRD plans. A sample deed must be reviewed
by the Planning Staff prior to endorsement of the plans.
4 . Prior to Construction:
a. Yellow "Hazard" tape must be placed along the no-cut line
on as shown on the approved plans and must be confirmed
by the Tree Warden and/or Town Planner. The Town Planner
Jmust be contacted prior to any cutting on site to review
the marked tree line.
b. ' All erosion control as shown on the plan must be in place
and reviewed by the Planning Department.
5 . Prior to releasing individual lots from the statutory
3
t
i
covenants, the conditions outlined in the Lost Pond Definitive
Subdivision Conditional Approval must be Followed.
6 . The applicant must comply with the Phased Development Bylaw,
Section 4 (2) of the Town of North Andover Zoning Bylaw.
7 . Prior to FORM U verification for an individual lot, the
conditions outlined in the Lost Pond Definitive Subdivision
Conditional Approval must be followed.
i
a. The Planning Board approves the sample house designs as
presented. The homes are to fit the shape and topography
of each lot and to fit into the colonial, farmhouse
theme. The house design for each lot must reviewed by
the Town Planner.
8 . Prior to Planning Board verification of the Certificate of
Occupancy, the conditions outlined in the Lost Pond Definitive
Subdivision Conditional Approval must be followed, and:
a. Prior to issuance of a Certificate of Occupancy for Lots
7, 8, 9, and 14 pedestrian access easements must be
provided to allow the public the access the Open Space.
9 . Prior to the final release of security, the conditions
outlined in the Lost Pond Definitive Subdivision Conditional
Approval must be followed.
10 . The applicant shall adhere to the following requirements of
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.
11 . The applicant will provide the plans and documents required to
obtain pedestrian easements from New England Power to allow
access over the existing trails on their property. Where the
existing trail is disturbed, the applicant must create a new
trail of sufficient width to match the existing trail .
Pedestrian access easements must be provided between Lots 8
and 9 and between Lots 7 and 14 .
12 . Tree cutting shall be kept to a minimum throughout the project
to minimize erosion and preserve the natural features of the
site . If any tree cutting occurs outside of the no--cut line
as shown on the plan, a reforestation plan must be submitted
as outlined in Section 5 . 8 (6) of the Zoning Bylaw.
13 . The following work in the fifty foot (501 ) buffer zone is
4
approved by the Planning Board:
a. Minimal disturbance will be allowed in order to construct
the home on Lot 1.
14 . This special permit approval shall be deemed to have lapsed on
April 10, 1997 (two years from the date permit granted) unless
substantial construction cif roadway and utilities has
commenced.
15. The provisions of this Special Permit shall apply to and be
binding upon the applicant, its employees, contractors and
subcontractors and all successors in interest or control.
16. 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 information:
a. Plan titled: Planned Residential Development
Prepared for: ' Flintlock, Incorporated.
P.O. Box 531
North Andover, Mass 01845
Scale: 1" = 40'
Date: 9/23/94
Prepared by: Thomas E. Neve Associates
447 Old Boston Road
US Route 1
Topsfield, MA 01983
b. Hydraulic Analysis of Hidden Pond
(A Planned Residential Development)
September 1994
Flintlock Inc.
P.O. Box 531
North Andover, MA 01845
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
LPONDPRD
5
1 !
. � 1
Lost Pond
Definitive Subdivision
Conditional Approval
The Planning Board herein approves the Definitive Subdivision known as Lost Pond, for 14 lots and 13 new
homes requested by Flintlock Inc., P.O, Box 531, North Andover, MA 01845 on October 20, 1994, The area
affected contains approximately 51 acres located off-of Foster Street in a Residential - 1 (R-1) Zone. The
Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision
of Land:
A. The Definitive Plan, dated 9/23/94 and revised 2/1/95 includes 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:
e�a. A no-cut line that follows the grading line behind each lot must be placed on the plans.
�b. The headwalls at the brook crossing must be designed and stamped by a structural engineer,
c. Minimum 20 foot wide utility easements should be provided for the cross-country water main
installation. A utility easement should also be provided across Lot 7 or 14 to the location
where an existing access easement intersects with the rear property line of Stonecleave Estates.
The easement is for potential future watermain interconnection to Stonecleave Road.
�d. The plans must be revised in accordance with the comments from the Division of Public Works
noted in Condition 7.
e. The applicant must meet with the Town Planner in order to ensure that the plans conform with
the Board's decision.
j, y A detailed construction schedule must be submitted as part of the plans,
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(g).
Executed right of way dedication easements for the proposed roadway shall be provided to the
Planning Office at the applicant's expense.
i. The applicant must submit to the Town Planner a FORM M for all utilities and easements
{f
placed on the subdivision. The Board will sign the document and it must be recorded at the
Essex North Registry of Deeds,
All drainage, water, and sewage facility designs shall be approved by the North Andover
�.. Division of Public Works. Provisions for water intrusion mitigation shall be included in the
design and shown on the construction schedule required in Condition 1(f).
i
i
v,/k. All application fees must be paid in full and verified by the Town Planner.
Vl. 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.
m, A full set of final plans reflecting the changes outlined above, must be submitted to the Town
Planner for review and subsequently endorsed by the Planning Board, within ninety (90) days
of filing the decision with the Town Clerk.
gyp' The Special Permit and Subdivision Decision for this project must appear on the mylars.
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:
a. The record plans must be endorsed by the Planning Board and recorded by the applicant at the
Essex North Registry of Deeds.
A kf./ All erosion control must be in place and reviewed by the Town Planner.
3. Prior to any lots being released from the statutory covenants:
a. A complete set of signed plans, a copy of the Planning Board decision, and a copy of the
Conservation Commission Order of Condition must be on file at the Division of Public Works
prior to issuance of permits for connections to utilities. The subdivision construction and
installation shall in all respects conform to the rules and regulations and specifications of the
Division of Public Works.
b. 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 determine
whether the applicant has satisfied the requirements of this provision prior to each lot release
and shall report to the Planning Board prior to a vote to release said lot,
V
The applicant must submit a lot release FORM J to the Planning Board for signature.
d. A Performance Security (Roadway Bond) in an amount to be determined by 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 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
2
iv. Iot and site erosion control
V. site screening and street trees
vi. drainage facilities
vii. site restoration
viii. final site cleanup
C./ All proper documents and casements required through Condition 1 shall be in place.
V
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.
4, Prior to a FORM U verification 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
VV Condition 1(i) above, was filed with the Registry of Deeds office,
b. A plot plan for the lot in question must be submitted, which includes 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,
vii. all required zoning setbacks,
viii, location of any drainage, utility and other easements.
Vke. All appropriate erosion control measures for the lot shall be in place. Final determination of
V appropriate measures shall be made by the Planning Board or Staff.
d. All catch basins shall be protected and maintained with hay bales to prevent siltation into the
drain lines during construction.
e. The lot in question shall be staked in the field,The location of any major departures from the
plan must be shown. The Town Planner shall verify this information,
f. Lot numbers, visible from the roadways must be posted on all lots.
S. Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be
re aired:
A stop sin must be laced hentrance� p g p at the of the roadway out to Foster Street.
b. 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.
C. All necessary permits and approvals for the lot in question shall be obtained from the North
3
Andover Board of Health, and Conservation Commission.
d. Permanent house numbers must be posted on dwellings and be visible from the road.
e. All slopes on the lot in question shall be stabilized, as solely determined by the Planning
Department in regards to erosion, water run off, and safety.
f. The lot must be raked,loamed and seeded, sodded,or mulched if the weather does not permit
seeding or sodding,
g. 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.
h. The Planning Board reserves the right to review the site after construction is complete and
require additional site screening as it deems necessary
�and
�reasonable. L�
b. Prior to the final release of security retained for the site by the T win,the foeiodng shall be completed
by the applicant:
a. The Planning Board will, by a majority, vote to release any security retained.
b. The Open Space Parcel must be transferred to the Town through the Conservation,,
Commission.
e �'e d •�a
c A perpetual agricultural preservation restriction of the type described in M.G.L. Chapter 184,
Section 31 running to or enforceable by the Town shall be recorded for Lot 14.
A donation equal to the fair market value of a sidewalk constructed along one side of the
09 roadway shall be given to the Town of North Andover's Sidewalk Fund.
e. An as-built plan and profile of the site shall be submitted for review and approval,
f. The applicant shall petition Town Meeting for public acceptance of the street. 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.
g. The Town Planner shall ensure that all Planning, Conservation Commission, Board of Health
and Division of Public Works requirements are satisfied and that construction was in strict
compliance with all approved plans and conditions.
h. Two to two and one half inch caliper (2-2,5') street trees are to be placed every fifty(50') feet
along both sides of all new roadways as determined necessary by the Division of Public Works
and the Planning Department.
7. The following requirements of the Division of Public Works must be adhered to-
4
j
Y )
i
a. The proposed water main across Lot 6 should be installed along the sideline and rear property
/ line of the Lot rather than diagonally across the south west corner.
b. An in-line gate valve should be installed on the proposed water main on the Duncan Drive side
of the water service taps to Lots 5 and 6.
C. Sloped granite curbing should be installed from Station 11+0 to and around the proposed cut-
de-sac,
d. The installation of a retaining wall up to Elevation 124 at the brook crossing which is proposed
on revised plans is an acceptable solution to detaining the FEMA 100 year flood, and
eliminating the post development increases in the rate of runoff above Elevation 122.5 which
exist in the 2/1/95 design, The drainage calculations should be revised to reflect the changes
resulting from the raised headwall.
e. Permits for utility and roadway extensions will not be granted until a set of approved plans,and
copies of the decisions of both the Planning Board and Conservation Commission are on file
at the Division of Public Works,
8. The sewer extension for the subdivision will be subject to the policies of the Division of Public Works
regarding the mitigation of groundwater infiltration into the existing sewers.
9. The Town Planner will review any signs utilized for this project. The applicant must obtain a sign
permit as required by Section 6 of the Bylaw. The Planning Board shall approve any entrance
structures. Any lighting used for the entrance signs must be removed prior to acceptance of the
subdivision by the Town.
10, 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,
11. There shall be no burying or dumping of construction material on site.
12. The location of any stump dumps on site must be pre-approved by the Planning Board.
13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
14. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility
companies.
15. 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.
16. The following waivers have been granted by the Planning Board:
a. Section 7(A)(4)(a) Dead end streets: The length of a dead end street should not be longer
than 800 feet in an R-1 District. The proposed roadway is 1,275.53 feet in length. This waiver
5
} }
} j
s
is granted because a through street is not feasible due to the presence of wetlands on site and
the desire of the Planning Board to protect the existing horse farm.
b. Section 7(C)(1) Shoulders: 8 foot shoulders are required however from Station 1+25 to 5+76
the shoulder width is waived to 5 feet. This waiver is granted due to the presence of wetlands
at the entrance to the site. The waiver will pull the area of work away from the wetland
resource area.
C. Section 7(C)(4) Side Slopes:A minimum of 2:1 side slopes are required however from Station
1+50 to 3+75 the side slopes will be 1:1. This waiver is granted due to the presence of
wetlands on the site at the entrance. The waiver will pull the area of work away from the
wetland resource area.
d. Section 7(D)Sidewalks: This waiver is granted because this street will never become a through
street and Foster street,the adjacent street,does not and is not likely to have sidewalks. In lieu
of constructing the sidewalks, a donation equal to the fair market value of a sidewalk
constructed along one side of the roadway shall be given to the Town of North Andover's
Sidewalk Fund.
These waivers have been granted in an effort to minimize the amount of cutting and filling required on
site thereby decreasing the amount of erosion and siltation on site.
17. 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 information:
a, Plan titled: Planned Residential Development
Prepared for: Flintlock, Incorporated
P.O. Box 531
North Andover, Mass 01845
Scale: 1" = 40'
Date: 9/23/94; rev. 2/1/95
Prepared by: Thomas E. Neve Associates
447 Old Boston Road
US Route 1
Topsfield, MA 01983
b. Hydraulic Analysis of Hidden Pond
(A Planned Residential Development)
September 1994
Flintlock Inc.
P.O. Box 531
North Andover, MA 01845
C. Engineering review comments by Coler and Colantonio Inc., dated 1/12/95/ 1/31/95 and
2/14/95.
CC. Conservation Administrator
Director of Public Works
Health Administrator
6
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
LPONDSub
7