HomeMy WebLinkAbout1999-12-28 Decision DEF SUB Towit-. 3f North Ando' Ve -- t >+
oz zcE or RECEIVES) y�°,'"'° 'yky"0
COMMUNITY MVE LOPMENT AND fiWVERKAW o
27 Charles Street NORTH ANDOVE;R * i
North Andover, Massachusetts 01845 �4ZSACHus�i�5
WMLIAM J. sca3-r I999DEC Z g. P #: 5$
Director
(978)688-953'1 `' Fax (978) 688-9542
r_ NOTICE OF DECISION
Any-appeal shall be filed
within (20) days after tlie-
dateof filing this Notice
in the.Office of the Town-,--
Date
Date of Hearing '
Petition-of � c6c � „�,(,.;n � f nh , .w I n(-. -
Premises affected c' e-
Referr-iag,to the above petition for a Sub division from the_r quirements,:of`the
so as io* aiiow,-,-y 1-"e. 1 21 _c� ;-5 + iS im� 1-n a dr-e LET,
Aft&-a p4blic Bearing gsven.on the above date,.the Planning Board voted::
to . the
based 400p,the following•conditions;
Si ncd 1 . c.+,4�
-g
CC: Direetor of Public Works ,Alison Lescarbeaat Chairman
Building Inspec(o.r
Natural Resource 7-Land Ilse-f?%Uher John Simons Vice Chairman
Health Sanitarian
Clerk
Assessors Alberto_Aules,
PoRc,e Chief
Fire Chief 'Chard Nardella .
Applicant
Engineer .Richard S.Rowen
Towns 0 uisl&Consciltant
File ._. . 1�Vimam Cunningham
,-Interested Parties
Planning Board
BOA1W OF.-N&I'LAI 4 688-9541 BUELDING 688.9545 CONSERVATION 689-9530 HEALTH 688-9540 33l.ANNING 683-9535
Heritage Estates Definitive Subdivision
Appendix to Agreement for Judgment
The Planning Board herein APFI? OVES the Definitive Subdivision for twelve(12)lot subdivision, made
up of eleven new homes and one existing home, known as Heritage 6fates, Brookview Country Homes
Inc.,North Andover,MA 01845 submitted tlxis application on June 10, 1999. The area affected is
located off.of Salem Street in the R-3 Zoning District,Map 96, 97 annd.58,Lots 1, 4, 5 and 48.
The Planning Board makes the following findings as required by the Rules and Regulations Governing the
Subdivision of Land:
A. Tile Definitive Plan,dated 11/8199,in l udes all of the information indicated.in Section 3 of the
Rules and Regulations concerning the procedure for the submission of plans.
B, Tlie Definitive Plan adhcres to all of the design standards as indicated in Section 7 of the Rules
and Regulations except as noted in Condition 19-Waivers.
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 staie.law,town by-laws(except where grandfathered by the
Memorandum of Understanding dated August 20, 1997 and attached herein)and insure the public
health,safety and welfare of the town.
Finally, ttie'Planming Board finds that the Definitive Subdivision complies with Town Bylaw requirements
so long as the following conditions are complied with:
1) Environmental Monitor: The applicant sluall designate anindependent environmental monitor
who shall be chosen inconsultant with the Planning Department. The Environmental Monitor must be
available upon four(4)hours'notice to inspect did site with the Planning Board designated official. The
Environmental Monitor shall make weekly inspections of the project and.file monthly reports to the
Planning Board throughout the duration of the project. The monthly reports shall detail area of rion-
compliance,if any and actions taken to resolve these issues.
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) A Site Opening Bond in the amount of ten thousand($10,000)dollars to be field by the
Town of North Andover. The Site Opening Bond shall be in the form of a check dude out
to the Town of North Andover that will be placed into an interest bearing escrow account. A
covenant(IiYMRlO'Ii 1)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 5(d).
b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed
on the subdivision:
c) ' All application fees must be paid in full and verified by tlue Town Planner.
d) The applicant trust meet with the Town Planner in order to ensure that the plans conform to the
Board's decision. A finll set of final plans reflecting the changes outlined above,must be
submitted to the Town Planner for review endorsement by the Planning Board,within.ninety(90)
days of filing the decision with the Town Cleric
e) The Subdivision Decision,Memorumdum of Understanding and Appendix to Agreement for
Judgment for this project must appear on the mylars.
f) All documents shall be prepared at the expense of the applicannt,as required by the Planning
Board Rules and Regulations Governing the Subdivision of Land, -
3) Prior to ANY WORK on site:
a) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on
the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site.
b) All erosion control measures as shown on the plan and outlined iim the erosion control plan
must be in place and reviewed by the,Town Planner.
c) A recorded copy of the no-cut easements and deeds for the property shall be supplied to the
Town Planner,
4) Throughout and During Construction:
a) Dust mitigation and roadway cleaning must be performed weekly,or as deemed necessary by the
"Town Planner,throughout the constriction process.
b) Street sweeping must be performed,at least once per mondm throughout time construction process,
c) Hours of operation during construction are limited from 7 a.m.to 5 p.m.,Monday through Friday and
8 a.m.—5 p.m.on Saturdays.
5) Prior to any lots being r�eleased'frorn the statutory covenants:
a) Tltree(3)complete copies of the endorsed and recorded subdivision plans and one(1)certified copy
of the following documents:recorded subdivision approval,recorded Covenant(FORM 1),and
recorded FORM M must be submitted to the Town Planner as proof of recording.
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,through virtue of an
inspection of each lot, 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, Specifically,the erosion control measures outlined in the report by Geoteclntical Consultants,
Inc.dated November 8, 1999. must be utilized and inspected by the Town Planner. 1n addition,the
applicant must follow the phases outlined in the Erosion Control and Construction Phasing Plans
dated September 28, 1999,drawn by hvlarchionda&Associates,LLP,and each phase must be
inspected by the Town Planner upon completion.
c) The applicant must submit a lot release FORM J to the Planning Board for signnattmre.
d) A Performance Security in an annount to be deternnined by time Planning Board, shall be posted to
ensure completion of the work in accordance with the Plans approved as part of this conditional
approval, The bond must be in the formn acceptable to the North Andover Planning Board items
covered by the Bond may include,but shall not be limited to:
f 1
0 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
6) 'Prior to a FORM U verification for an individual lot,the following information is required by the
Planning Department:
a) The applicant must submit a certified copy of the recorded FORM r referred to in Condition 5(c)
above;
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 improvembnts'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.
c) All appropriate erosion control measures for the lot shall be in place.The Planning Board or Staff
shall make final determination of appropriate measures.
d) Lot numbers,visible from the roadways must be posted on all lots.
7) Foundation flan: 1'or lots 9,10 find 11: Immediately uponcompletion of the dwelling
foundation and prior to fiwther construction activities associated with the site,the applicant shall have a plan
prepared by a Registered Professional Land Surveyor(R P.L.'S.)which accurately depicts the foundation
location and its proxhnity to wetland'resource areas as shown on the approved Definitive Subdivision Plan
dated/99. Said plan shall be sulsiriitted to the Town Plaimer for review to verify that the setback lints under
the Memorandum of Understanding have been met.
S) Prior to a Certificate of Occupancy being requested 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 ill
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 ennoneer,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 Cozmtiission.
c Permanent house numbers must be posted on dwellings and be visible from the road.
d) 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 Planting Board requires any driveway to be moved at the
owner's expense if such driveway is at a catch basin or stone bound position.
e) The sidewalk to be constructed in front of the lots must be graveled and staked at a minimum
9) Prior to the final release of security retained for the site by the Town,the following shall be completed
by the applicant:
a) An as-built plan and profile of the site shall be.submitted to the DPW and Planning Department for
review and approval.
b) The applicant shall petition Town Meeting for public acceptance of the street.Prior to submitting a
wanwt 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 whir 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 of proper easements have been recorded at the Registry of Deeds.
10) The Applicant 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.
11) 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 shall approve any entrance structures. The
applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision.
12) The applicant shall adhere to the following requirements of the Fire Department:
a) Open bunting 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,''
13) There shall be no burying or dumping of construction material on site,
14) The location of any stutttp dumps on site must be pre-approved by the Planning Board
15) The contractor shall contact Dig Safe at least 72hours prior to conthnencing any excavation.
16) Gas,Telephone,Cable,and Electric utilities shall be installed as specified by the respective utility
companies.
t7) Any action by a Town Board Commission,or Department which requires changes in the roadway
aligtunent,placement of any easements or utilities,drainage facilities,grading or no curt Tines,may be
subject to modification by the Planning Board.
18) The utilities must be installed and die streets or ways constructed to binder coat TWO years from this
approval. If the utilities are not installed,the streets or ways are riot constructed to binder coat and the'
Planning Board has not granted an extension by the above referenced date,this definitive subdivision
approval will be deemed to have lapsed.
19) The following waivers from the Rules and Regulations Governing the Subdivision of Land,North
Andover,Massachusetts,revised February 1989,have been GRANTED by the Plaztning Board:
a) Section 7(A)4 Length of Dead End Street: The length of the dead end street is allowed to be 1,352
feet long vs.the 500 feet required by this section of the regulations.
b) Section 7(C)(4)Side Slopes Outside the Right-of-Way: Side slopes along the retaining walls are
pernii(ted to exceed die 3:1 required by this section of the regulations because the retaining walls are being
constructed first.
20) This Definitive Subdivision Plan approval is based upon dte following information which is incorporated.
into this decision by reference:
a) Plait titled: Heritage Estates fti North Andover,MA .
Prepared for Brookview County Homes,Inc.
P.O. Box 531, North Andover,Massachusetts
Dated: May 28, 1999 last revised November 8, 1999
Owner/Applicant:Brookview County Homes,hic, -
P.O.Box 531
North Andover,MA 01845
Civil Engineer:. Marchionda&Associates,L.P.
Engineering and Planning Consultants
62 Montvale Avenue, Suite 1
Stoneb=,MA 02180
Sheets: I—6
b) Report titled: Hydrologic Analysis
Heritage Estates in North Andover,MA
Prepared for Brookview Country Homes,Inc.dated 5/28/99
Marchionda&Associates,L.P.
Prepared.for: Brookview County Homes,hic.
Preparod by: Marchionda&Associates,L.
Dated: May 29, 1999
c) Report tithed:.' Proposed Heritage Estates
GCI Project No.991576
Prepared for: Brookview County Homes,Inc.
Prepared by: Geoteclniical Consultants,Inc.
Dated: November 8, 1999
i
i
Heritage Estates Definitive Subdivision -
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for a twelve(12)lot subdivision known
as Heritage Estates, Brookview Country Hotnes Inc.,Nortlt Andover,MA 01845 submitted this
application on June 10, 1999. The area affected is located off of Salem Street in the R-3 ,Zoning District,
Map 96,97 and 68,Lots 1,4,5 and 48.
The Planning Board snakes the following findings as required by the Rules and Regulations Governing the
Subdivision of Land:
A. The Definitive Plan,dated 11/8/99,includes all of the information indicated in Section 3 of the
Rules and Regulations concerning the procedure for Elie submission of plans.
B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of ttte Rules
and Regulations except as noted its Condition 17- Waivers.
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 toms
departments in order to comply with state law, town by-laws(except where grandfathered by the
Memorandunn of Understanding dated August 20, 1997 and attached herein)and insure the public
health, safety and welfare of the town.
Finally, the Plamting Board finds that the Definitive Subdivision complies with Town Bylaw requirements
so long as the following conditions are complied with:
1) Environmental Monitor: The applicant shall designate an independent enviromnental monitor
who shall be chosen in consultant with the Planting Department, The Environmental Monitor must 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 and file monthly reports to the
Planning Board throughout the duration of the project. The monthly reports shall detail area of non-
compliance,if any and actions taken to resolve these issues.
2) Prior to endorsement of the plaits by the planting Board the applicant shall adhere to the
following:
a) A Site Opening Bond in die amount of five thousand($5,000)dollars to be held by the
Town of North Andover. The Site Opening Bond shall be in the form of a check made out
to the Town of North Andover that will be placed into an interest bearing escrow account. A
covenant(FORM 1)securing all lots within kite subdivision for the construction of ways and
municipal sen4ces must be submitted to the Planting Board.Said lots may be released froth the
covenant upon posting of security as requested in Condition 4(d).
b) The applicant must submit to the Town Plattner a FORM M for all utilities and easements placed
on the subdivision.
c) All application fees must be paid its frill and verified by the Town Planner.
r
d) The applicant must meet with the Town Planner in order to ennsum that the plans conform to the
Board's decision.A full set of final plans reflecting the changes outlined above,must be
submitted to the Town Planner for review endorsement by the Planning Board,within ninety(90)
days of filing the decision with the Town Clerk.
e) The Subdivision Decisions for this project must appear on the nsylars,
f j 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.
3) P►Zor to ANY WORK on site:
a) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on
the plan. The Planning Staff must be contacted prior to any cutting and or cleaning on site.
b) All erosion control measures as shown on the plan and outlined in the erosion control plan
must be in place and reviewed by the Town Planner
4) Prior to any lots being released from the statutory covenants:
a) Three(3)complete copies of Elie endorsed and recorded subdivisions plans and one(1)certified copy
of the following documents:recorded subdivision approval,recorded Covenant(FORM 1),and
recorded FORM M must be submitted to the Town Planner as proof of recording.
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. Tlne Town Planning Staff,through virtue of an
inspection of cacti lot, shall detennine whether the applicant has satisfied the requirennents of this
provision prior to each lot release and shall report to the Planning Board prior to a vote to release said
lot. Specifically,the erosion control measures outlined in the report by Geoteclmical Consultants,
Inc.dated November 8, 1999 must be utilized and inspected by the Town Planner. In addition,tine
applicant inust follow the phases outlined in the Erosion Control and Construction Phasing Plans
dated September 28, 1999,drawn by Marchionda&Associates,LLP,and each please must be
inspected by the Town Planner upon completion.
c) The applicant must submit a lot release FORM r to the Planning Board for signature.
d) A Perforniance Security in an anssount 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 thus conditional approval. The bond must be in the
fornt of a check made out to the Town of North Andover. Thus check will then be placed is an interest
bearing escrow account held by the Town. Items covered by the Bond may include,but shall not be
hisuted to:
s) as-buutt drawings
ii) sewers and utilities
ii) roadway construction and maintenance
iv) lot and site erosion control
v) site screening mid street trees
vi) drainage facilities
vii) site restoration
viii)final site cleanup
s
S) Prior to a FORM U verification for an individual tot,the following information is required by the
Planning Department:
a) If a sidewalk is to be constricted in front of the lot,then such sidewalk must be graded and staked at a
rnunninnuuun.
b) The applicant must submit a certified copy of the recorded NORM J referred to in Condition 4(c)
above.
c) A plot plan for the lot in question nest be submitted,which includes all of die following:
i) location of tine 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 raider a NACC order of condition,
vi) arty grading called for on the lot,
vii) all required zoning setbacks,
vain)Location of any drainage,utility and other easemen(s.
d) All appropriate erosion control measures for the lot shall be in place.The Planning Board or Staff
shall make final determination of appropriate measures.
e) Lot numbers,visible from the roadways must be posted on all lots.
6) Foundation Plan: For lots 9,10 and 11: Tnnunediately upon completion of the dwelling
foundation and prior to further construction activities associated with the site,the applicant shall have a plan
prepared by a Registered Professional Land Surveyor(RP.L.S.)which accurately depicts the foundation
location and its proximity to wetland resource areas as shown on the approved Definitive Subdivision V.
dated l l/8/99. Said plan shall be submitted to tine Town Planner for review to verify that tine setback limits
under the Memorandum of Understanding have been met.
7) Prior to a Certificate of Occupancy being requested 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 plains and profile sheet.
b) All necessary pemnits and approvals for the lot un 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 fie road.
d) 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
owner's expense if such driveway is at a catch basin or stone bound position.
e) Sprinkler systems must be installed in all homes per NAFD requirements.
e
8) Prior to the final release of security retained for the site by the Town,the following shall be completed
by the applicant:
a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for
review and approval.
b) 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.
9) The Applicant 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.
10) 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. The
applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision.
11) 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.
12) There shall be no burying or dumping of construction material on site.
a
13) The location of any stump dumps on site must be pre-approved by the Planning Board.
14) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
15) Gas,Telephone,Cable,and Electric utilities..sball be installed as specified by the respective utility.
companies.
16) 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.
17) The utilities must be installed and the streets or ways constructed to binder coat by two
years from this approval.If the utilities are not installed,the streets or ways are not constructed to binder
coat and the Planning Board has not granted an extension by the above referenced date,this definitive
subdivision approval will be deemed to have lapsed.
18) The following waivers from the Rules and Regulations Governing the Subdivision of Land,North
Andover,Massachusetts,revised February 1989,have been GRANTED by the Planning Board:
a) Section 7(A)4 Length of Dead End Sheet: The length of the dead end street is allowed to be 1,352
feet long vs,the 500 feet required by this section of the regulations,
b) Section 7(H)(3)Easements for Side Slopes Along Road: It has been determined that no
easements are required for the side slopes along the road.
I
1
c) Section 7(C)(4) Side Slopes Outside the Right-of-Way: Side Slopes along the retaining walls
are permitted to exceed the 2:1 required by this section of the regulations.
19) This Definitive Subdivision Plan approval is based upon the following information which is incorporated
into this decision by reference:
a) Plan titled: Heritage Estates in North Andover,MA
Prepared for Brookview County Homes,Inc.
P.O.Box 531, North Andover,Massachusetts
Dated: - May 28, 1999 last revised November 8, 1999
Owner/Applicant:Brookview County Homes,Inc.
RO,Box 531
North Andover,MA 01845
Civil Engineer: Marchionda&Associates,L.P.
Engineering and Planning Consultants
62 Montvale Avenue,Suite 1
Stoneham,MA 02180
Sheets: I—6
b) Report titled: Hydrologic Analysis
Heritage Estates in North Andover,MA
Prepared for Brookview Country Homes,Inc.dated 5/28/99
Marchionda&Associates,L.P.
Prepared for: Brookview County Homes,Inc.
Prepared by: Marchionda&Associates,L.
Dated: May 28, 1999
c) Report titled: Proposed Heritage Estates
GC1 Project No.991576
Prepared for: Brookview County Homes,Inc.
Prepared by: Geotechnical Consultants,Inc.
Dated: November 8, 1999
r
Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
i
MEMORANDUM OF UNDERSTANDllN(G
Re: Heritage Estates Subdivision
121 Salem.Street,North Andover, Massachusetts
This memorandum of understanding is dated August ad 1997. This memorandum sets forth an
agreement in principle between John Parker and Linda Parker(hereinafter referred to as "the Parkers",
the Town of North Andover Planning Board(hereinafter referred to as "the Planning Board") and the
Town of North Andover Conservation Commission (hereinafter referred to as "the Conservation
Commission"), which agreement in principle is arrived at in an attempt to resolve all issues between
the parties regarding the above referenced subdivision which is currently the subject of an appeal in
the.Essex County Superior Court entitled John Parker and Linda Parker vs. Richard Nardella, et al,
Essex Superior Court Civil Action No. 94-1693C.
it is understood that neither this memorandum of understanding nor any agreement for judgment to be
entered into in connection with this matter shall be taken as an admission by either party that any
action heretofore taken was unlawful or contrary to the rights of the other party. This agreement is
simply a reflection of the fact that in the circumstances of this case, each party has rights which are
currently the subject matter of litigation and that the provisions of this agreement are a fair and
reasonable compromise, given the respective legal positions of the parties. The terms and conditions
of this agreement are not to be considered precedent, due to the unique history of this development.
1. Submission of Plan for Review
The Parkers will present to the Planning Board and to the Conservation Commission a
revised plan of the Heritage Estates Subdivision. The plan will be governed by the Standards
of Performance set forth bel w, and will be reviewed in accordance with the procedures set
forth late in this agreementt I;s is not a new submission to either Board. The plan is being
presented for review in connection with potential settlement of the litigation referred to
above. The parties intend that the end result of the review will be the entry of a judgement in
the Superior Court satisfactory to all parties, which judgment will provide for approvals under
applications made earlier and referred to in that litigation. -
2, Standards of Performance
a. A minimum of one hundred (100')foot no-build zone from the edge of all wetland
resource areas will be maintained throughout the site. No structures shall be
constructed within this zone. Roadways and related improvements are allowed.
Driveways to structures may be constructed.
b. A fifty (50')foot no-cut zone from the edge of all wetland resource areas will be
maintained throughout the site, No vegetation'shall be cut and the land must remain
in its natural state within this zone except for roadway rights-of-way,related
improvements and pavement, which are permitted. No detention areas are permitted.
No other structures are permitted. Wetland resource areas have been established as of
Cam' the date of the Planning Board endorsement of the plan following the entry of
judgment in the pending civil litigation and shall be as shown on a plan entitled
"Subdivision Plan of Lard Heritage Estates,North Andover, Mass." dated June 1985,
revised November 23, 1996 for Scheme B,prepared by Merrimack Engineering. This
delineation of the wetlands shall expire three years from November 23, 1996.
c. At a minimum, a twenty five (25) foot uo-cut buffer must remain between the edge of
the wetland resource area and the edge of the right-of-way. Notwithstanding this
requirement, the roadway right-of-way and pavement at the entrance to Salem Street
must and will remain in the same location as shown on a sketched plan titled
"Subdivision Plan of Land Heritage Estates,North Andover, Mass." dated June 1955,
revised November 23, 1996 for Scheme B, prepared by Merrimack Engineering. The
roadway construction and right of way may continue to encroach upon this no-cut
zone for such distance as is necessary to conform to the requirements of either the
North Andover Wetland Bylaws and Regulations or the Subdivision Rules and
Regulations, as shown on the above-referenced plan.
Paved roadway surfaces shall be twenty-four(24)feet in width. The two foot
pavement reduction shall be taken on the wetland side of the right-of-way. No
sidewalk will be required or constructed on the wetland side of the right-of-way.
d. Revised plans and drainage calculations must be submitted for review by the Town
Staff and by an outside consultant paid for by the applicant in amounts equal to current
fee schedules. The Town will accept the Parke"r's plan, establish any required escrow
accounts for the review fee and commence its review within two business days of
receipt of the fee (which is in the amount of$11,000.00) and a complete set of revised
plans and drainage calculations. The revised plans must conform to the current
subdivision rules and regulations (except as previously waived or as provided in this
agreement),best management practices, and the watershed special permit bylaw as
modified by the performance standards set forth in this agreement. The plans must
also include the elements required for watershed special permit submittal listed in
Section 4.136(4)(c)(ii), (iii) and (iv) of the current Zoning Bylaw.
There will be a full internal review process by the Planning Board, Conservation
Commission, town staff and consultant which may require revisions to the plan. Full
internal review shall be commensurate with a plan filed under the engineering
requirements and methods typically currently employed by the Town and its
consulting engineer, The review process will be for the purpose of assuring that the
Parker's plan conforms to the current subdivision rules and regulations (except as they
have previously been waived or as provided in this agreement) best management
practices, engineering standards as recommended by the Town's consulting engineer
and the watershed special permit bylaw as modified by this agreement.
e. After the revised plans and drainage calculations have been reviewed by the Planning
Board, Conservation Commission, town staff, and consultant, the Planning Board and
Conservation Commission will,providing the plans meet the above requirements,vote
a tentative approval of the plan and Agreement for Judgment, subject to the public
meeting described below. An open meeting between the Board and the abutters will
be held to explain the elements of and reasoning behind the settlement and to solicit
additional concerns and issues from the abutters. The Town shall, within 5 business
days of the date of the Planning Board and Conservation Commission votes of
tentative approval, give fourteen-days written notice to all abutters by first class mail
of a public meeting to be held by the Board at its next regularly scheduled beeting
occuring after the fourteen-day notice period. For the purposes of this agreement,
abutters shall be as defined in the subdivision control law. The only issues and
concerns to be considered by the Board'will be those which relate to the current rules
and regulations governing subdivisions (except as they have previously been waived
or as provided herein), best management practices, engineering standards as
recommended by the Town's consulting engineer and the watershed special permit
bylaw, as modified by this agreement. No revision of the plan may be required for
reasons other than those cited immediately above, although the applicant will be
sensitive to concerns and may voluntarily agree to amend the plan. As a result of the
review the Board may wish to alter the plan as a result of discovery of factors which
under the current system of review may become evident whereas the issues may have
not been raised in prior staff review of the plans. As a result, the Town maintains the
right to negotiate changes to the plan to meet the needs of the above issues. The
applicant understands that prior reviews for engineering practice do not represent
current policy and or practice, and therefore current review subjects the applicant to a
different level of engineering scrutiny. It is agreed that the Parkers will respond to any
requests by the Board for revisions to the plan or for additional information within a
reasonable time, commensurate with the nature and extent of the request,not to
exceed 30 days. It is further agreed that the Board will address the revisions or
additional information at its next meeting following the expiration of seven calendar
days after the complete submission of said information or revisions by the Parkers.
f. No more than twelve (12)lots will be created (including the lot for the existing
house). The final number may be less than twelve (12) after the plans have been
reviewed by the Planning Board, staff and consultant.
3. Agreement for Judgment
a, Once an acceptable plan has been arrived at, an Agreement for Judgment will be
executed and filed in the case of John Parker and Linda Parker vs. Richard Mardella,
et at,Essex ,Superior Court Civil Actioir"No. 94-1693C.
b, The Agreement for Judgment will incorporate an approval of the final plan by the
Planning Board under the subdivision control law (M.G. L. Chapter 41), a direction
that such plan shall be endorsed and an extension of the special permit (amended to
conform to the final plan) granted by the Planning Board August 18, 1986, under the
Watershed Protection District provisions of the North Andover Zoning By-law, Any
an perms s e ou the Agreemen or u gznent shall expire within
their applicable statutory time periods with the beginning of such time period upon the
Endorsement of the Plan by the Planning Board. Failure of the applicant to meet those
time restrictions shall void the Agreement for Judgment and place the development
within the requirements and restrictions of the then current rules,regulations and by-
laws of the Town. The applicant further understands that the Town will not grant any
extensions or continuances of time on any of the permits cited herein. Provided,
however, that the permits shall be extended for a period equal to any period of delay
caused by the institution of legal or administrative proceedings by an opponent of the
development, and that the delay in one permit shall extend all permits.
C. The Agreement for Judgment will also provide for the issuance of an Order of
Conditions by the Conservation Commission under Massachusetts General Laws,
Chapter 131, and under the North Andover Wetlands Protection Bylaw, both
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consistent with the final plan. Any and all permits established through the Agreement
for Judgment shell expire within their applicable statutory time periods with the
beginning of such time period upon the Endorsement of the Plan by the Planning
Board. Failure of the applicant to meet those time restrictions shall void the
Agreement far Judgment and place the development within the requirements and
restrictions of the then current rules, regulations and by-laws of the Town. The
applicant ftuther understands that the Town will not grant any extensions or
continuances of time on any of the permits cited herein. Provided,however,.that the
permits shall be extended for a period equal to any period of delay caused by the
institution of legal or administrative proceedings by an opponent of the development,
and that the delay in one permit shall extend all permits.
d. Until the Planning Board and Conservation Commission accept a plan submitted by
the Parkers and until the Parkers accept a decision of those boards under this
procedure, and until all parties execute an Agreement for Judgment, any submission to
the Boards and any comments or votes taken by the Boards are without prejudice to
any party's previous approvals, actions and/or legal contentions.
C. The original plan for this subdivision, dated March, 1985, and entitled "Subdivision of
Land of Heritage Estates" was submitted to the Town on November 5, 1985. The
agreement for judgment will provide that the land subject to the subdivision plan,
except as specifically provided herein, will be exempt from zoning bylaws enacted
since the date of submission of the plan,November 5, 1985, (specifically, but without
limitation, Section 8.7, "Growth Management"), consistent with Massachusetts
General Laws, chapter 40A, section 6, which provides;
If a definitive plan, or a preliminary plan
followed within seven months by a definitive plan, is
submitted to a planning board-for approval under the
subdivision control law, and written notice of such
submission has been given to the city or town clerk
before the effective date of ordinance or by-law, the_.
land shown on such plan shall be governed by the
applicable provisions of the zoning ordinance or
by-law,if any, in effect at the time of the first such
submission while such plan or plans arc,being
processed under the subdivision control law, and, if
such definitive plan or an amendment thereof is finally
approved, for eight years from the date of the
endorsement of such approval, except in the case where
such plan was submitted or submitted and approved
before January first, nineteen hundred and seventy-six,
for seven years from the date of the endorsement of
such approval, Whether such period is eight years or
seven years, it shall be extended by a period equal to the
time which a city or town imposes or has imposed upon
it by a state, a federal agency or a court, a moratorium
on construction, tine issuance of permits or utility
connections.
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Disapproval of a plan shall not serve to
terminate any rights which shall have accnied under the
provisions of this section, provided an appeal from the j
decision disapproving said plan is made under
applicable provisions of the subdivision control law.
Such appeal shall stay, pending an order or decree of a
court of final jurisdiction, the applicability to land
shown on said plan of the provisions of any zoning
ordinance or by-law which became effective after the
date of submission of the plan.first submitted.
In the event that any lot shown on a plan
endorsed by the planning board is the subject matter of
any appeal or any litigation, the exemptive provisions of
this section shall be extended for a period equal to that
from the date of filing of said appeal or the
commencement of litigation, whichever is earlier, to the
date of final disposition thereof, provided final
adjudication is in favor of the owner of said lot,
The construction of homes as generally shown on the approved plans outside of the
100'agreed"no-build" zone will not require any special permit under the zoning by-
laws and will not be subjected to standards of the watershed district. Once completed,
however, these homes will be considered pre-existing,nba-conforming structures and {^
will be governed by the then current bylaw for any future expansions.
Town of No dover Town of North Andover
Con , ry ti ssion Planning Board
By:
/3
o P er - Linda Parker
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